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Home My WebLink AboutCity Council-Agenda Packets-10/18/2005 city Of C6 Texas CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 100 MAIN STREET OCTOBER 18, 2005 5:30 P.M. - PRE-COUNCIL AGENDA EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1. Presentation and discussion of the Laserfiche software and the City of Colleyville website PC-2. Discussion of the proposed amendment to the Land Development Code regarding apportionment of infrastructure costs PC-3. Discussion of the proposed amendment of the Land Development Code regarding detentionlretention ponds PC-4. Presentation of Monthly Financial Report - September 2005 PC-5. Discussion of the October 18, 2005, City Council regular agenda items 6:35 P.M. - TRAFFIC SAFETY ADVISORY COMMITTEE APPLICANT INTERVIEW REGULAR AGENDA 6:45 P.M. - CALL TO ORDER ROLL CALL 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D 100 MAIN STREET COLLEYVILLE, TEXAS 76034 (817) 503-1000 Sec. 551.071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Property Acquisition Economic Development Conference with City Manager and staff to discuss and deliberate commercial and financial information received from business prospect(s) the City seeks to have locate, stay, or expand within the City; with which business(es) the City is pursuing and conducting economic development negotiations Sec. 551.072 - Sec. 551.087 - 7:30 P.M. - RESUME REGULAR MEETING COUNCIL CHAMBERS INVOCATION: Associate Pastor Eric Vaughan, First Baptist Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle EXECUTIVE SESSION: 2. CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-05-2606 3. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS PROCLAMATION - In recognition of Eagle Scout Broderick Young PROCLAMATION - In recognition of Elsie Gunter for receiving the Fort Worth Business Press "Thanks from the Mentorees" award PROCLAMATION - In recognition of Martial Arts Day - Robert Hazlewood, Colleyville Family Karate PRESENTATION - In recognition of Finance Director Terry Leake and Finance Department staff for receiving the Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year ended September 30,2004 CONSENT: 4. READING AND PUBLIC HEARING - Resolution R-05-2607 - Consent Items: a. Approval of minutes of the regular City Council meeting of October 4, 2005 b. Approval of an Interlocal Agreement between the City of Colleyville and the City of South lake for water, refuse and recyclables collection, and billing of sanitary sewer services for Timarron, Village H, Phase 3 Subdivision and authorize the City Manager to sign the agreement c. Approval of an Amendment to the Employment Agreement between the City of Colleyville and the City Manager d. Approval of an Interlocal Agreement with Tarrant County to pave the parking lot adjacent to the Crown of Life Lutheran Church and authorize the City Manager to sign the agreement PUBLIC HEARINGS: 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1550 - Approval of a Request to Amend the zoning on 1.9 acres located at the southwest corner of Church Street and Colleyville Boulevard regarding screening and additional land uses, Case Z-05-026 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1551 - Approval of a Zoning Change from CN to R20 on 1.31 acres on Tract A, Block 1, located at 413 Timberline Drive South, Case Z-05-024 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1552 - Approval of a Zoning Change from AG to R15 on 0.76 acres out of the Harroll Hughes Survey located at 1512 McCain Lane, Case Z-05-025 8. READING AND PUBLIC HEARING - Resolution R-05-2608 - Consideration of appointment to the Traffic Safety Advisory Committee 9. READING AND PUBLIC HEARING - Resolution R-05-2609 - Approval of an Update of the Colleyville Pathways Plan 10. READING AND PUBLIC HEARING - Resolution R-05-2610 - Declaring expectations to reimburse for the purchase of land for the construction of fire station facilities with proceeds of future debt 11. READING AND PUBLIC HEARING - Resolution R-05-2611 - Approval of an Addendum to the Agreement with Wiginton, Hooker, Jeffry Architects, Inc. for additional services for fire station facilities design, in an amount not to exceed $72,190, and declaring expectations to reimburse additional service expenditures with proceeds of future debt 12. READING AND PUBLIC HEARING - Resolution R-05-2612 - Approval to enter into an Agreement with Gilbane Building Company for the construction management of fire station facilities, in an amount not to exceed $402,783, and declaring expectations to reimburse construction management expenditures with proceeds of future debt CITIZEN COMMENTS: 13. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA REPORTS: 14. TRAFFIC SAFETY ADVISORY COMMITTEE MINUTES - July 11, 2005 PARKS AND RECREATION ADVISORY BOARD MINUTES - September 12, 2005 LIBRARY BOARD MINUTES - September 12, 2005 PLANNING AND ZONING COMMISSION MINUTES - September 26, 2005 ACTION/RESOLUTION: 15. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF OCTOBER 18, 2005 - Reading and Public Hearing - Resolution R-05-2613 ADJOURNMENT 16. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, October 14, 20~~ Cynthia Singleton, TRMC City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. PRE COUNCIL (Q(l-i~5m", AGENDA BRIEFING lex.,:; MEETING DATE: ITEM#: 10/18/05 PC-1 CITY MANAGER ! DEPARTMENT HEAD i FINANCE REVIEW! N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Presentation and discussion of the Laserfiche software and the City of Colleyville website This item provides the opportunity for a demonstration and discussion of the Lasefiche software and the City of Colleyville website. PRE COUNCIL City Of cc&'" Tf..~x,,$ AGENDA BRIEFING MEETING DATE: ITEM#: 10/18/05 PC-2 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW' N/A Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Discussion of the proposed amendment to the Land Development Code regarding apportionment of infrastructure costs When a piece of property abutting an existing unimproved roadway is proposed for development, the current regulations require the developer to dedicate a portion of the street right-of-way and improve the street pavement up to City standards. This is achieved by either making the necessary improvements or placing in escrow an amount estimated to cover the cost of making the required improvements. The abutting street is often referred to as a perimeter street. For those streets that are internal to the subdivision, the developer is responsible for dedicating all of the rights-of-way and improving all of the pavement surfaces. These improvements are made by the developer at no cost to the City as a condition to the approval of the development by the City Council. Typically, the standards used by most cities require the developer to dedicate and construct one-half of any abutting street. However, over the past two decades, U.S. and State Supreme Courts have ruled in favor of developers who claim that the amount of development exactions required by a city should be in proportion to the amount of demand the development places on the public system, whether the required improvements are street, water, sewer or drainage facilities. During the 2005 session of the Texas Legislature, a new law was approved, which imposes limitations on the amount of infrastructure that a city can require of a developer. The new law states that all development exactions must be roughly proportional to the demand created by the development. The calculation for determining rough proportionality must be approved by an engineer employed by the community. The law also provides an appeal process to the City Council when a developer disagrees with the city engineer. Community Development Department staff and Engineering Department staff have been working on a methodology to comply with the new law. Staff is proposing amendments to the Land Development Code to incorporate the proportionality language. Staff will present to the City Council at the Pre Council meeting an explanation of the methodology used to determine rough proportionality and an analysis of the fiscal impact the new law will have on Colleyville. For your information, the City of Colleyville is currently in the process of revising the roadway impact fee structure, which is not directly related to the rough proportionality requirements of the new law approved by the Texas Legislature. PRE COUNCIL cc0", AGENDA BRIEFING TL~X"$ MEETING DATE: ITEM#: 10/18/05 PC-3 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Discussion of the proposed amendment of the Land Development Code regarding detention/retention ponds Within Colleyville, there have been a significant number of subdivisions developed in the past that have utilized retention ponds to alleviate downstream drainage flows associated with a new development. Often times, a retention pond becomes an important amenity for a development by improving the appearance and aesthetics of the subdivision, such as when the retention pond contains an attractive fountain feature. An additional advantage of a fountain feature is its ability to prevent oxygen depletion of the water, a major contributor for foul odors and ugly vegetation growth on the pond's surface. Code Enforcement Department staff and Engineering Department staff frequently receive complaints from citizens living near a foul smelling retention pond. Citizen complaints are also received regarding mosquito problems during summer droughts which promote stagnant waters in retention ponds that do not have any mechanism to replenish the water supply or to keep the water moving. Staff is proposing an amendment to Chapter 14 of the Land Development Code to require all new retention ponds constructed in the future that exceed one-half acre of surface area to provide for continuous water movement, aeration facilities or some other process approved by the City that is designed to prevent surface accumulation of aquatic vegetation. The Planning and Zoning Commission is not required to provide a recommendation on an amendment to the Engineering Design Standards contained in Chapter 14 of the Land Development Code. However, the City Council has the option of requesting a recommendation from the Planning and Zoning Commission. Community Development Department staff and Engineering Department staff have drafted a proposed ordinance and will be available to discuss the proposed new regulation with the City Council at the Pre Council meeting to obtain comments and input. Ci.IY O( PRE COUNCIL CCe", AGENDA BRIEFING 71.~x,,$ MEETING DATE: 10/18/05 CITY MANAGER I ITEM # : PC-4 DEPARTMENT HEAD FINANCE REVIEW IN/A Previous Action: None DEPARTMENT: FINANCE SUBJECT : Presentation of the Monthly Financial Report - September 2005 General Fund The percentage of current year taxes collected for Fiscal Year 2005 was 99.12%. Sales tax revenue received in September was up $8,653/7.15% over the amount received in September 2004. Also, the October payment which is accrued per accounting rules was up ($14,520/12.22%) Eighteen residential building permits were issued in September as compared to fifteen issued in September 2004. A total of 245 new residential building permits were issued in Fiscal Year 2005. As was noted in prior monthly financial reports, Municipal Court revenues remained down due to a lower number of citations written. The average amount expended by the departments at the end of September is 96.3%. Utility Fund Year-to-date water usage is now greater than the prior year's usage due to dry conditions during the past few months. The average amount expended by the Utility Fund at the end of September is 98.0%. Attachments . September 2005 Monthly Financial Report MONTHLY FINANCIAL REPORT - SEPTEMBER 2005 Current Taxes Delinquent Taxes Penalty & Interest $7,280,321 60,000 38,000 $7,349,831 66,474 65,567 $7,280,321 60,000 38,000 $6,920,653 70,354 60,427 6.20% -5.52% 8.51% ................................................................................................................................ ....................................................................................................................... .......................................................................... .................................. ........................................... +~l.)tl!@APMA4Qa.~)t~F.;$ U:yy:$.t;$.:1~;~~W ./~f;i~1;~t~ ::$?~~l~,~g1::$l;P$j;'~f TXU Electric $780,000 $775,974 $780,000 $765,142 1.42% Tri-County Electric 65,000 69,654 65,000 57,512 21.11% TXU Gas 175,000 235,814 175,000 253,519 -6.98% Southwestern Bell 107,165 107,824 107,165 105,715 1.99% Verizon/Others 60,000 48,336 60,000 57,325 -15.68% Refuse/Recycling 88,000 99,152 88,000 96,844 2.38% Cable TV 119,500 140,995 119,500 122,021 15.55% ...'............-.......-...-.............-.-.-.-...-.......................................... ................................................................ .....................-..............................'......... .............-.....-........................-.-.................. ........................................................ T9[AgfRANG.M$gTAX~~:::i~;~;.:.:~1:l#7?\7#~$1l~~~M~$H$j;'$~;P7~ Sales Tax Mixed Beverage Tax $1,695,600 50,000 $1,964,357 53,974 $1,695,600 50,000 $1,729,830 37,295 13.56% 44.72% ..,...........,........................... .......'............................................................,.......,...,... mQ]AG.$!:WF.;$.[/!% ..................... ...................... ...................., ...................... ..................... ...................... ..................... ....................., ..................... ...................... ..................... ...................... ..................... ...................", ......................".....".", ...................""............. ..."""..........................-...... ::::::::::.::::i1Ml#i;$.Q9I.~;QHj:;~~j::::::::::::~1;i'$.:~9Q:.11~7~7;j?~ Building $705,186 $887,041 $705,186 $962,702 -7.86% Plumbing 112,923 165,508 112,923 173,261 -4.47% Electrical 71,628 95,167 71,628 108,149 -12.00% City License 47,551 55,775 47,551 59,330 -5.99% Building Plan Review Fee 160,000 125,360 160,000 169,149 -25.89% New Business 2,900 3,666 2,900 2,820 30.00% Animal 3,120 1,907 3,120 1,824 4.55% Sign Permit 7,000 5,555 7,000 8,585 -35.29% Fence Permit 5,400 7,800 5,400 7,640 2.09% Fire Permits 7,500 11 ,550 7,500 12,050 -4.15% .. ...". .........................".............."....... ""................................ .........................."........ ................."...."................. ]q[5gWimiN$~~:~.e~Ri1.I{}:::::::f:~;j~;gq*jj:;~~i;~gi:::.j1;1g~;g9.~~1;~9~;~1Q: Fines False Alarms Library Fines $510,000 7,500 8,500 $450,428 1,450 17,982 $510,000 7,500 8,500 $477,594 1 ,400 10,598 -5.69% 3.57% 69.67% +A+..);i::.:d.I~~6.S......:.:.:.:. :~:~~:~~~:J~~#~:f:. J~~:. .:r~:~ .................................. :~j~~j~jj~j~~~~~j~~~~~~~~~~j~~~~~~~~~~~~~~~ftj~1[::~[~~~:~~~~~~~~~~~~jjj~1:~j~rrj1)1:~~~~~j~~~rrj~:~:~~~j~~~~~~~~ ..... ... ............................ ....................... """"........".................. ............"....................... ......................................... :$.~~;a: :::::::::$.i~$];~~g::::~lt~~QgQ{I~~;~~g MONTHLY FINANCIAL REPORT - SEPTEMBER 2005 Re-zoning $14,000 $11,077 14,000 $12,350 -10.31% Plat Fee/Site Plan 13,500 22,487 13,500 20,831 7.95% Board of Adjustment 1,500 1,800 1,500 1,375 30.91 % Sale of Material 2,000 2,500 2,000 1,739 43.76% Weed Mowing 3,500 2,005 3,500 3,222 -37.77% Animal Impoundment 2,889 4,715 2,889 2,068 128.00% Ambulance 95,214 119,361 95,214 107,646 10.88% Recreation Program 124,895 138,650 124,895 128,751 7.69% Non-Resident Fee Parks 23,000 14,270 23,000 18,380 -22.36% Field Use Charge 20,000 21,535 20,000 24,120 -10.72% Engineering & Inspection 80,000 94,064 80,000 88,357 6.46% Chgs & Reimbursements 9,000 7,002 9,000 4,741 47.69% Community Center Rental 175,000 193,971 175,000 176,087 10.16% Library Building Rental 300 250 300 75 233.33% Lot Drainage Insp Fee 21,250 31,250 21,250 34,875 -10.39% ,........................................................................... .................................................. ill9[~Y9!ilfili~ffg~:~i!w:91 :::::::::::::::::::::::::~~iRi::: .......................... ................................ ........................................... ::::::::~~~~i~~r ..::::::::~Iij~~pj~ :'::.;~1l:: DARE Officer Reimb $73,872 $73,872 $73,872 $70,355 0.00% ......................................................................... .................................................... .................................... 'j'P!$(j,Nt$,l~Yg5~MgNt#i@:::::::i:m;~?i.:.:::il~;~l~ Sale of Surplus Property $10,000 $0 $0 $11,600 0.00% Interest Income 170,000 166,425 170,000 85,425 94.82% Miscellaneous 33,000 48,792 33,000 20,766 134.96% Use of Fund Balance 1,019,744 0 1,019,744 0 0.00% Celebrate Colleyville Contributions 11,000 8,950 11,000 8,100 10.49% Tower Rental 49,000 88,611 49,000 58,666 51.04% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 'j'QIAlliMI$.QgM~ANgQm$.::))::::::::::::::::~';g~;Z1~:::::::::::::~~1:g:;l?~:::::::::~1g~g~ll: Transfer from Utility Fd $475,000 $464,393 $475,000 $473,366 -1.90% ............................................. TOTAUmRANSFERS ............................................. ............................................. .................................................................................. .................................. ................................................................................. .................................. ~~frrffjj:::[::]::[)[[~~ttjjH[f~r~jj?[[[[fjrjrr(f~rrjl~!?~~r ~~ rrrrrr[:$'$t1~$~r .................................... Ml~~QQQ . ....................................... ....................................... .................................. .................................................. ............................ ]QTAt.@~NgfiijFq:NQRiMgNii~:::::~j:4;~;4~:~14;ij~~;1~t~1~;$~$;'$,~i1~;~g#;~I$.d,j% MONTHLY FINANCIAL REPORT - SEPTEMBER 2005 TOTAL PERCENT FY 2005 THROUGH THROUGH INCREASE INCREASE BUDGET 9/30/2005 9/30/2004 (DECREASE) (DECREASE) % OF CURRENT TAX ROLL COLLECTED 98.9% 99.12% 99.20% -0.08% -0.08% RESIDENTIAL BLDG PERMITS 160 245 275 (30) -10.91% COMMERCIAL BLOG PERMITS 10 8 16 (8) -50.00% PLUMBING PERMITS 900 1,509 1,399 110 7.86% ELECTRICAL PERMITS 400 606 698 (92) -13.18% CITATIONS ISSUED 8,800 7,263 7,715 (452) -5.86% CITATIONS APPEALED 150 251 353 (102) -28.90% City Council and Secretary City Manager Finance Legal Engineering Economic Development Building Inspection Community Development Fire Police Parks Recreation Library Communications Colleyville Center Streets & Drainage Municipal Court Fleet Maintenance Building Services Information Services Capital Equipment Reserve ;i'tiii~~i$.$::::: ................................................................... :::::::::::::::::=:=::::::::::::::::::::::::::::::::::::::::::::::: ................................. .................................. ................................. .. ............................... ... .................. $354,531 698,091 470,257 70,000 461,279 164,835 301,988 282,684 3,085,388 3,277,271 1,313,213 287,648 475,470 145,221 345,334 2,111,026 237,688 188,746 232,680 205,518 45,740 110,658 ................................ :~1:4;ij~;g~: $353,320 679,252 470,022 83,235 461,211 162,509 274,822 262,968 3,081,055 3,237,260 1,234,548 276,890 465,856 127,427 315,234 2,025,212 237,019 188,290 169,629 158,298 45,740 o ................................... ~1~;~Q~;7i?: $354,230 680,521 470,165 70,000 459,725 161,979 276,500 264,119 3,081,500 3,239,667 1,200,111 277 ,230 467,500 128,500 317,222 2,027,600 237,400 188,531 170,350 159,997 45,740 o ..................................... U~1:~;gtij;~~7:: 99.7% 97.3% 100.0% 118.9% 100.0% 98.6% 91.0% 93.0% 99.9% 98.8% 94.0% 96.3% 98.0% 87.7% 91.3% 95.9% 99.7% 99.8% 72.9% 77.0% 100.0% 0.0% $1,211 18,839 235 (13,235) 68 2,326 27,166 19,716 4,333 40,011 78,665 10,758 9,614 17,794 30,100 85,814 669 456 63,051 47,220 o 110,658 ...................................... ~;~~~U MONTHLY FINANCIAL REPORT - SEPTEMBER 2005 Water Sales $6,474,194 $6,685,355 $5,592,801 $5,678,182 17.74% Sewer Sales 2,016,996 1,945,871 2,016,996 1,997,362 -2.58% Sewer Installation 16,000 34,700 16,000 39,400 -11.93% Water Installation 44,800 62,635 44,800 68,418 -8.45% Sewer Tie-on Charges 10,000 12,064 10,000 21 ,406 -43.64% Engineering Charges 35,000 42,213 35,000 70,692 -40.29% Penalties 173,566 144,905 173,566 140,212 3.35% Miscellaneous 9,300 14,951 9,300 13,669 9.38% Interest Income THROUGH 9/30/2005 THROUGH 9/30/2004 TOTAL INCREASE (DECREASE) PERCENT INCREASE (DECREASE) GALLONS OF WATER SOLD 2,172,151,666 1,832,279,442 339,872,224 18.55% NUMBER OF WATER CUSTOMERS 8,271 8,067 204 2.53% . . . . . . . . .. . ... ,. . . . . . . . . . . .. .............. . . . . . . . . . . . . . . . . .. ............ .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . ......... .............. ...................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......................... . ................ ........ ............ ........ ................... Administration $200,753 $189,469 $200,753 94.4% $11,284 Billing 259,133 233,692 259,133 90.2% 25,441 Operations 6,360,581 6,277,087 6,360,581 98.7% 83,494 Debt Service 1 ,135,287 1,133,128 1 ,135,287 99.8% 2,159 Performance Pay 38,173 0 0 0.0% 38,173 Transfer to General Fund 475,000 464,393 464,393 97.8% 10,607 .................................... ............ ......, ....... . . '. ..... .....:::::::.:.::::::::::::!~;.;~t::.:~~;g~:t;t~~ .::::.:.$~A;?~;1jl.'. PRE COUNCIL cce~ AGENDA BRIEFING 1C':\:<l$ MEETING DATE: I 10/18/05 CITY MANAGER i ~ ITEM#: I PC-5 DEPARTMENT HEAD 1(\11 FINANCE REVIEW N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Discussion of the October 18, 2005, City Council regular agenda items This item provides the opportunity for the City Council to discuss the regular City Council agenda items. CITY COUNCIL cce.", AGENDA BRIEFING Il~xn$ MEETING DATE: i ITEM#: i 10/18/05 1 CITY MANAGER ! DEPARTMENT HEAD ; FINANCE REVIEW IN/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Executive Session - In accordance with Texas Government Code Chapter 551, Subchapter D EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Property Acquisition Economic Development Conference with City Manager and staff to discuss and deliberate commercial and financial information received from business prospect(s) the City seeks to have locate, stay, or expand within the City; with which business(es) the City is pursuing and conducting economic development negotiations Sec. 551.072 - Sec. 551.087 - RESOLUTION R-05-2606 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF OCTOBER 18, 2005 WHEREAS, following discussion in Executive Session, and in full accordance with the requirements of the Open Meetings Act, the City Council determines that the following action is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the following actions of the City Council are hereby adopted and approved: a. THAT AND IT IS SO RESOLVED. APPROVED THIS DAY OF _ AYES, NAYS AND ABSTENTIONS. 2005, BY A VOTE OF ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor CITY COUNCIL cce'" AGENDA BRIEFING 7t.~;>.;n$ MEETING DATE: ITEM#: 10/18/05 3 CITY MANAGER I DEPARTMENT HEAD . FINANCE REVIEW! N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS PROCLAMATION - In recognition of Eagle Scout Broderick Young PROCLAMATION - In recognition of Elsie Gunter for receiving the Fort Worth Business Press "Thanks from the Mentorees" award PROCLAMATION - In recognition of Martial Arts Day - Robert Hazlewood, Colleyville Family Karate PRESENTATION - In recognition of Finance Director Terry Leake and Finance Department staff for receiving the Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year ended September 30, 2004 roclamation CITY OF Colleyville, Texas WHEREAS: Broderick Young has earned the Eagle Scout rank, the highest honor in Scouting, a truly significant milestone; and WHEREAS, the requirements for the Eagle Scout rank are to earn 21 merit badges; become a Life Scout and then serve in a troop leadership position for six months; plan, develop, and carry out a service project worthy of an Eagle Scout; and stand before a review board of prominent persons to present evidence of his commitment and observance of the Scout Oath and Law and his qualifications for the Eagle Scout Award; and WHEREAS, Broderick has demonstrated leadership and a commitment of service to his fellow man by gathering donations and volunteers to place mile markers on the hike and bike trail at Kimzey Park, in order to encourage citizens to become more physically active; and WHEREAS, Broderick Young has earned this rank through hard work, persistence, a commitment to helping others and a desire to be successful. NOW, THEREFORE,I, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the Colleyville City Council and citizens of Colleyville, congratulate and commend BRODERICK YOUNG for this lifetime achievement and encourage him to use the leadership skills he has learned and demonstrated to the betterment of mankind. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, Texas, affixed this 18th day of October 2005. L6~ Ma ce1e l"exa. RESOLUTION R-05-2607 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OCTOBER 18, 2005 WHEREAS, Council has taken action on certain items on the agenda under Consent Items. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Consent Items as follows are hereby adopted: a. Approval of minutes of the regular City Council meeting of October 4, 2005 b. Approval of an Interlocal Agreement between the City of Colleyville and the City of Southlake for water, refuse and recyclables collection, and billing of sanitary sewer services for Timarron, Village H, Phase 3 Subdivision and authorize the City Manager to sign the agreement c. Approval of an Amendment to the Employment Agreement between the City of Colleyville and the City Manager d. Approval of an Interlocal Agreement with Tarrant County to pave the parking lot adjacent to the Crown of Life Lutheran Church and authorize the City Manager to sign the agreement DAY OF NAYS AND 2005, BY A VOTE ABSTENTIONS. APPROVED ON THIS OF AYES, ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor MINUTES OF THE CITY COUNCIL MEETING OCTOBER 4, 2005 The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on October 4, 2005, at 5:34 p.m. ROLL CALL: Councilpersons George Boll, Tony Licata, Rich Hendler, Tom Hart and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Paul Frederiksen, Finance Director Terry Leake, Police Chief Tommy Ingram, Police, Public Works Director Keith Fisher, Engineer Chad Bartee, Community Development Manager Barry LeBaron, Parks and Recreation Director Monica Walsh, Economic Development Manager Scott Welmaker, Budget and Administrative Services Manager Stephen Seidel, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Mayor Kelly introduced Ms. Sarah Bahari of the Fort Worth Star Telegram. PC-1. Update of Metroport work activities Mr. Gary Fickes of Metroport Cities Partnership, provided the history of the organization, the development and status of projects, information regarding project funding sources and the process for the selection of projects. PC-2. Update of cable franchise agreements Budget and Administrative Services Manager Stephen Seidel provided an update of the cable franchise agreements and answered questions of the Council. Discussion ensued regarding franchise fees, the authority of cable companies to operate in cities, the structure of the government access channels and the field installation of the fiber optic system. CITY COUNCIL MINUTES OCTOBER 4, 2005 PC-3. Update of Keep Colleyville Beautiful program Mr. Roger Nelson, Chair, Keep Colleyville Beautiful program, provided a history of Colleyville Proud program, and the goal, areas of focus and structure of the Keep Colleyville Beautiful program, which includes the adopt-a-spot and model neighborhood programs. PC-4. Discussion of selecting dates for a joint City Council and Planning and Zoning Commission meeting The City Council determined that a meeting would be held with the Planning and Zoning Commission on October 17, 2005, at 6:30 p.m., on the second floor of the Colleyville Public Library. PC-5. Discussion of the October 4, 2005, City Council regular agenda items There was no discussion of the October 4, 2005 regular agenda items. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on October 4, 2005, at 6:48 p.m. ROLL CALL: Councilpersons George Boll, Tony Licata, Rich Hendler, Tom Hart and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Paul Frederiksen Finance Director Terry Leake, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Public Works Director Keith Fisher, Community Development Manager Barry LeBaron, Community Development Coordinator Chris Fuller, Communications Manager Mona Gandy, Library Director Mary Rodne, Parks and Recreation Director Monica Walsh, Computer Technician Chris Pena, Budget and Administrative Services Manager Stephen Seidel, Computer Technician Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter 0 Sec. 551.071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Brian K. Meroney vs. City of Colleyville Sec. 551.071 - 2 CITY COUNCIL MINUTES OCTOBER 4, 2005 Sec. 551.072 - Sec. 551.074 - Sec. 551.087 - Property Acquisition Personnel - City Manager's Performance Evaluation Economic Development Conference with City Manager and staff to discuss and deliberate commercial and financial information received from business prospect(s) the City seeks to have locate, stay, or expand within the City; with which business(es) the City is pursuing and conducting economic development negotiations Mayor Kelly explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Property, Section 551.074, Personnel and Section 551.087, Economic Development. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:49 p.m. and reconvened at 7:52 p.m. The invocation was given by Pastor Lee Johnson of Bear Valley Community Church and City Attorney Matthew Boyle led the Pledge of Allegiance. EXECUTIVE SESSION: 2. CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-05-2603 This resolution was not needed. 3. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Mayor Kelly announced that on Saturday, October 8, 2005, the Colleyville Heritage High School band annual March-a-Thon raised over $10,000 for a new equipment trailer. The event coincided with the Village at Colleyville March Into Fall event. Mayor Kelly expressed appreciation to Chris Strittmatter of Peoples Bank, Dana Holland and Joy Decker of the Village at Colleyville, Jeff Dyson of the Blue Shoe Project, City employees Scott Welmaker, Mona Gandy, Mary Rodne, Police Officers Gary Moore and Jeff Wheeler and Fire Marshal Jeff Jones for planning, coordinating and assisting with the events. Mayor Kelly announced the Mayor for a Day contest and invited Colleyville residents, ages 11-14 years old, to submit an essay about what they would do as Mayor to lead Colleyville into the next 50 years. The winner will serve as honorary Mayor on November 1, 2005. 3 CITY COUNCIL MINUTES OCTOBER 4, 2005 Mayor Kelly presented a plaque to Luann Edwards for service on the Planning and Zoning Commission. Ms. Edwards stated that she enjoyed her service on the Commission and commended the Planning and Zoning Commission for their work. Mayor Kelly presented a plaque to Thomas Dolan for service on the Planning and Zoning Commission. Mr. Dolan expressed appreciation to the City Council for the opportunity to serve and encouraged citizens to apply for positions on the Commission. Mayor Kelly recognized Linda Eilenfeldt, who was unable to attend the meeting, for service on the Metroport Teen Court Advisory Board. Councilman Hendler commended Ms. Eilenfeldt for serving on the Metroport Teen Court Advisory Board. Mayor Kelly presented a plaque to Brenda Miller for service on the Historical Preservation Committee. Ms. Miller expressed appreciation for the opportunity to serve on the Committee and commended the Historical Preservation Committee for planning the City's 50th Anniversary event. Mayor Kelly presented a Proclamation to Councilman Hendler and Ms. Moira Brunken, on behalf of Keep Colleyville Beautiful Chairman Roger Nelson, in recognition of the fall cleanup Keep Colleyville Beautiful event. Councilman Hendler stated that due to an injury, Mr. Nelson was unable to attend the meeting and expressed appreciation to Mr. Nelson for transitioning Colleyville Proud to the Keep Colleyville Beautiful program and invited everyone to attend the Keep Colleyville Beautiful event on October 15, 2005. Ms. Moira Brunken spoke regarding the Webb House beautification project. Councilman Hendler expressed appreciation to IESI for participation in the Fall Cleanup event. Mayor Kelly presented a Proclamation to Ed Havran in recognition of the Colleyville Church of Christ relief efforts for Hurricane Katrina victims. Mr. Havran expressed appreciation to the City and the community for support of the relief efforts. 4 CITY COUNCIL MINUTES OCTOBER 4, 2005 Mayor Kelly presented a Proclamation to Colleyville Area Chamber of Commerce Chairman Lynn Stillman and President Ret Stansberger in recognition of the 2005 Texas Chamber of Commerce Week. Ms. Stillman accepted the Proclamation on behalf of the Colleyville Area Chamber of Commerce and thanked the City for the recognition. Ms. Stansberger congratulated the community for making Colleyville a wonderful place to live and work. Mayor Kelly presented a Proclamation to Ret Stansberger and proclaimed October 7, 2005 as Ret Stansberger Day. Ms. Stansberger thanked the citizens for the community support and making Colleyville a wonderful place. Mayor Kelly recognized City of Colleyville businesses, Foreman's, Inc. and The Village Baking Company. A video presentation highlighted the businesses products and services. Mayor Kelly presented a Proclamation to Fire Marshall Jeff Jones in recognition of Fire Prevention Month. Fire Marshall Jeff Jones encouraged citizens to practice candle safety and to change the batteries in fire alarms, and stated that fire department personnel will be visiting area schools to teach fire prevention. Mayor Kelly wished Colleyville Area Chamber of Commerce Chairman Lynn Stillman and Assistant City Manager Paul Frederiksen happy birthday. CONSENT: 4. READING AND PUBLIC HEARING - Resolution R-05-2604 - Consent Items: a. Approval of minutes of the regular City Council meeting of September 20, 2005 b. Approval of a contract for design services with Newman, Jackson, Bieberstein, Inc. for McPherson Park, in an amount not to exceed $141,705 5 CITY COUNCIL MINUTES OCTOBER 4, 2005 c. Approval of the FY2006 Agency Agreements including the Arts Council of Northeast Tarrant County, Alliance for Children, Women's Haven Colleyville Heritage High School (CHHS) Project Graduation, Grapevine High School (GHS) Project Graduation, Keller High School (KHS) Project Graduation, Metroport Meals on Wheels (MMOW), Mental Health, Mental Retardation of Tarrant County, Grapevine Relief and Community Exchange (GRACE), The Women's Shelter, Special Needs Assistance Partners (SNAPS) and Trinity Railway Express (TRE) Regional Mobility Interlocal Cooperation Agreement and authorize the City Manager to sign the agreements d. Approval of the use of the Voluntary Library Fund for the purchase of library collection materials, collection processing supplies and library programs, in the amount of $102,370 e. Approval to purchase five Ford Crown Victoria police vehicles from Philpott Motor Company through the Houston-Galveston Area Council of Governments (HGAC), in the amount of $103,683.85 f. Approval of the Colleyville Garden Club project for the Webb House Mayor Kelly read Resolution R-05-2604 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Parks and Recreation Director Monica Walsh stated that the silo, rock house, pole barn and two metal buildings will be preserved at McPherson Park. Parks and Recreation Director Monica Walsh provided information regarding the Colleyville Garden Club project for the Webb House and recognized Becky Meadows and Moira Brunken of the Colleyville Garden Club. Mayor Pro Tem Jon Ayers moved to approve Resolution R-05-2604. Councilman Licata seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried 6 CITY COUNCIL MINUTES OCTOBER 4, 2005 PUBLIC HEARINGS: 5. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1550 - Approval of a request to Amend the zoning on 1.9 acres located at the southwest corner of Church Street and Colleyville Boulevard regarding screening and additional land uses, Case Z-05-026 Mayor Kelly read the caption of Ordinance 0-05-1550. Community Development Manager Barry LeBaron provided an overview of the request to amend the zoning. Economic Development Manager Scott Welmaker provided information related to the development of the property, the value of the property and the projected sales tax revenue from the proposed development. Mr. Mike Tussey of N3 Capital, provided an overview of the project and potential tenants. Mayor Kelly opened the public hearing. Ms. Kathy Hadley, 204 Timberline North, spoke regarding the potential sale of off- premise alcohol, the proposed bank and in opposition to the proposed resolution. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. City Manager Bill Lindley stated that off premise alcohol sales are not part of the zoning application. CITIZEN COMMENTS: 6. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. STAFF REPORTS: 7. UPDATE OF THE COUNTY BOND PROGRAM Public Works Director Keith Fisher provided an update of the County Bond Program and stated that twenty cities submitted projects for consideration and that the City of Colleyville project submittal was rated number one in terms of content. Mr. Fisher stated that the timeline for the selection of projects to be placed on the bond ballet is late December to early January. 7 CITY COUNCIL MINUTES OCTOBER 4, 2005 Mayor Kelly expressed appreciation to staff for the quality project submittal. City Manager Bill Lindley commended Public Works Director Keith Fisher for his commitment and service to the City and announced that Mr. Fisher has accepted a position in the private sector. Mayor Kelly thanked Mr. Fisher for his service and stated that he made a difference in the City. Mr. Fisher expressed appreciation to everyone and stated that it has been a great six years with the City. REPORTS: 8. PLANNING AND ZONING COMMISSION MINUTES - September 12, 2005 There was no action taken on this item. ACTION/RESOLUTION: 9. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF OCTOBER 4, 2005 - Reading and Public Hearing - Resolution R-05-2605 This item was not needed. ADJOURNMENT 10. ADJOURNMENT There being no further business before the City Council, Councilman Boll moved to adjourn. Mayor Pro Tem Ayers seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the meeting adjourned at 8:38 p.m. APPROVED THIS AYES, DAY OF NAYS AND 2005, BY A VOTE OF ABSTENTIONS. 8 CITY COUNCIL MINUTES OCTOBER 4, 2005 Minutes taken and prepared by: Cynthia Singleton, TRMC City Secretary 9 CITY COUNCIL CC~'" AGENDA BRIEFING 7"l':X~~ MEETING DATE: 10/18/05 CITY MANAGER! ITEM # : 4b DEPARTMENT HEAD i RESOLUTION #: i R-05-2607 FINANCE REVIEW! Previous Action: None DEPARTMENT: OFFICE OF THE CITY MANAGER SUBJECT : Approval of an Interlocal Agreement between the City of Colleyville and the City of South lake for water, refuse and recyclables collection, and billing of sanitary sewer services for Timarron, Village H, Phase 3 Subdivision and authorize the City Manager to sign the agreement - by Consent Reading and Public Hearing A peninsula of the Timarron subdivision (25 lots) lies within Colleyville city limits. However, the only way to arrive at those homes is to travel through Southlake. The attached map provides a detailed view of Timarron, Village H Phase 3 that lies within the city limits of Colleyville. The City of Southlake, Allied Waste (South lake's refuse provider), IESI and City staff recently met to discuss amending the current Colleyville - Southlake Interlocal Agreement for water to include refuse service. This approach would eliminate refuse collection vehicles traveling through the neighborhood four days per week (IESI and Allied collect on separate days). Allied Waste and IESI are supportive of this action and are developing a letter of agreement to ensure that there are no issues between their respective service territories. Additionally, Southlake would also begin billing the residents for wastewater service provided by Colleyville and forward those funds to Colleyville. This approach to utility services reduces confusion and ensures seamless service to those residents. The Southlake City Council approved the attached Interlocal Agreement at the October 4, 2005 meeting. The anticipated start date would be November 1, 2005. Recommendation Approval Attachments . Interlocal Agreement . Map detailing affected area INTERLOCAL AGREEMENT BETWEEN THE CITY OF COLLEYVILLE AND THE CITY OF SOUTHLAKE FOR WATER, REFUSE AND RECYCLABLES COLLECTION, AND BILLING OF SANITARY SEWER SERVICES FOR TIMARRON, VILLAGE H, PHASE 3 SUB-DIVISION STATE OF TEXAS ~ COUNTY OF TARRANT ~ This Agreement is made and entered into by and between the City of Colleyville, Texas, a home rule municipal corporation operating pursuant to the laws of the State of Texas and located in Tarrant County (hereinafter referred to as "Colleyville"), and the City of Southlake, Texas, a home rule municipal corporation operating pursuant to the laws of the State of Texas and located in Tarrant and Denton Counties (hereinafter referred to as "Southlake"). Colleyville and Southlake are hereinafter collectively referred to as the "Municipalities". WHEREAS, the Timarron, Village H, Phase 3 Sub-division (hereinafter referred to as the "Timarron Sub-division" is within the city limits of Colleyville; and WHEREAS, the Timarron Sub-division is located within Southlake's certificate of convenience and necessity ("CCN") for water service, but within the city limits of Colleyville; and WHEREAS, the Municipalities mutually desire to enter into an agreement regarding Southlake's provision of potable water service, collection of refuse and recyclables, and billing services for sanitary sewer to the Timarron Sub-division within Colleyville; and WHEREAS, the lnterlocal Cooperation Act, Chapter 791 of the Texas Government Code, authorizes city governments within the State of Texas to contract with one another for the provision of various governmental functions and the delivery of various governmental services, including those providing for water supply facilities. Services for Colleyville Timarron Village H 2005-10-04 FINAL3 Page 1 of6 NOW, THEREFORE, for the mutual consideration herein stated, the Municipalities agree as follows: 1. This interlocal agreement shall cover the parcel of land as shown on Exhibit "A" attached hereto, consisting of 17.059 acres and divided into 25 residential lots. This parcel of land lies within Southlake's CCN and the Colleyville city limits. Developer and/or his successors or assigns are not the intended beneficiaries of this Agreement and shall have no right to enforce or claim damages as a result of a breach of this Agreement. 2. Southlake shall provide potable water serVice; collection of refuse and recyclables, and billing services for sanitary sewer to the Timarron Sub-division within Colleyville. Southlake shall own and maintain the water supply system and shall directly collect for the provisions of all of the above services to the Timarron Sub-division. Southlake shall have exclusive authority to set the rates for all services provided by Southlake. 3. Collection of refuse and recyclables shall be conducted according to Southlake's city code and ordinances, and any existing contracts for solid waste or recyclable collection, with regard to operational issues including but not limited to scheduling of pickup, container requirements, acceptable waste, and customer notification of missed pickup. 4. Southlake shall bill the residents of Timarron Sub-division within Colleyville directly for the sanitary sewer service provided by Colleyville. Sewer flow for each resident shall be calculated from monthly meter readings provided by Southlake representatives. Southlake shall pay to Colleyville all charges applicable to customers within the Colleyville corporate limits at the same rate charged to customers within the Colleyville corporate limits. 5. Colleyville shall provide police, fire, and emergency services to the Timarron Sub-division. Services for Colleyville Timarron Village H 2005-10-04 FINAL3 Page 2 of6 6. Southlake shall not be subject to any franchise fees, service fees, or other costs normally charged by Colleyville for providing the services set forth in this Agreement. 7. All other fees not addressed above and normally collected by Colleyville or Southlake from their residents will not be affected by this Agreement. 8. All other services not addressed above and normally provided by Colleyville or Southlake to their residents will not be affected by this Agreement. 9. Each party paying for the performance of governmental functions or services under this agreement must make those payments from current revenues available to the paying party. 10. Southlake makes no guarantee that water supply capacity or the other above services will be available at any particular time or place, it being fully understood by both parties hereto that the ability of Southlake to supply water services is subject to Southlake's water system capacity. Southlake shall be the sole judge of the availability of such capacity to supply such water or other services, provided, however, that Southlake will use its best efforts to ensure that said water supply capacity or the other services as set forth in this Agreement are available. Services for Colleyville Timarron Village H 2005-10-04 FINAL3 Page 3 of6 II. Any notice provided for herein shall be given in writing and delivered or mailed by certified or registered United States Mail, postage prepaid, addressed as follows: IF TO THE CITY OF SOUTHLAKE: City of Southlake ATTN: City Manager 1400 Main Street, Suite 460 Southlake, Texas 76092 IF TO THE CITY OF COLLEYVILLE: City of Colleyville A TTN: City Manager Colleyville, Texas The designation of a person to whom and the place to which notices are to be mailed or delivered may be changed from time to time by any party giving written notice to the other party. 12. This Agreement and all of its terms and provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. In the event that any cause of action is filed by either party arising out of the terms of this Agreement, venue for said lawsuit shall be in Tarrant County, Texas. 13. In the event that any portion of this Agreement shall be found contrary to law, it is the intent of the parties that the remaining portions shall remain valid and in full force and effect to the extent legally permissible. 14. Each party agrees to accept full responsibility for the acts, negligence and/or omissions of its respective officers, employees and agents. It is the intent of the Municipalities that each will be responsible to the extent permitted by law, but this provision is not intended to waive any element of sovereign immunity, or to remove any further protections afforded general purpose units of government pursuant to Texas law. Services for Colleyville Timarron Village H 2005-10-04 FINAL3 Page 4 of6 15. The term of this agreement shall be one (1) year beginning on the date that the second municipality executes the agreement. The agreement shall renew automatically for one (1) year terms thereafter unless terminated in accordance with this section. This agreement may be terminated by either party with a 30 day written notice to the other party. 16. The undersigned officers and/or agents of the Municipalities hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Municipalities. Each city hereto certifies to the other that any necessary resolutions or orders extending said authority have been duly passed and are now in full force and effect. 17. This Agreement is executed in duplicate originals on the dates indicated below: CITY OF COLLEYVILLE: ATTEST: By: City Manager City Secretary City of Colleyville Date: CITY OF SOUTHLAKE: ATTEST: By: Mayor City Secretary City of Southlake Date: Services for Colleyville Timarron Village H 2005-10-04 FINAL3 Page 5 of6 ft,tr EXHIBIT "A" Pt1JlJv A'L })qTe 111 ~.Iu.o 2-. llW\MA N PH fiSt:: , II A 6e:.H (IIV C-f1Y ()F UJ~ t.-V~ ) PlZtJv It Cf ~lA. ,. .. f'.. Services for Colleyville Timarron Village H 2005-10-04 FINAL3 Page 6 of6 N W+E S Chadwick Crossing Area Map .~ l"e... , "v/ / / / / , / \ / L__'__~ --'L' -- .""-.......,"-.,., r-- , E (fL ...... /. ,(. fj'" ~/<"')J ('\:",,::::~:,,:.:::,__ '-, /' / m- . ---.-: '::~:-:--' ~:( _ LaB f=)fUUh ,/ ;', ~ _L " E-. '/ T ---T"i''- " / . '. \/ , "LT-- L.___, f- Affected Area ".; , ! I \\\.' ii. ,\\ \ \. \ " \ \ \ .:--=-~-~::.:=--:~~~:J t--., '. !- =~--: ,': -:- -.. 1 \ II \ !! \ I' , \ \ \ \ I \' I \ , ; 1\ : \ 1\ \ \ I~ \0 II 1 \ I i i 'i \ ! \ ':, /' \ t////,.-:; '16 /S~. /': ,-- .. )/ ..'...-.-......-.___c.._._" CITY COUNCIL City O( CC&0 r\,.x~:; AGENDA BRIEFING MEETING DATE: 10/18/05 CITY MANAGER c ~? I -'S - ITEM#: 4c DEPARTMENT HEAD RESOLUTION #: i R-05-2607 FINANCE REVIEW! Previous Action: None DEPARTMENT: OFFICE OF THE CITY MANAGER SUBJECT: Approval of an Amendment to the Employment Agreement between City of Colleyville and the City Manager - by Consent Reading and Public Hearing At the request of the City Council, the employment agreement between the City of Colleyville and the City Manager will be amended to include salary adjustment effective November 6, 2005. Financial Impact This amendment is a $5,171.09 increase to be funded from the general fund. Monies are available in the FY2006 budget. Recommendation Approval Attachments · Attachment A: Amendment to the Employment Agreement between the City of Colleyville and the City Manager FOURTH AMENDMENT TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF COLLEYVILLE AND WILLIAM H. LINDLEY, CITY MANAGER This Amendment to the Employment Agreement of the City Manager, William H. Lindley, is effective this the 18th day of October, 2005. WHEREAS, on August 21,2001, the City of Colleyville ("City") entered into a written Agreement for Professional Services and Employment of City Manager ("Agreement") with William Henry Lindley ("Manager"); and WHEREAS, the Agreement has previously been amended and modified on three occasions, and such amendments are incorporated herein as if copied in their entirety; and WHEREAS, the parties desire to make a fourth amendment and modification to the Agreement in accordance with the provisions hereof; NOW, THEREFORE, the City and the Manager hereby agree to amend and modify the agreement as follows: (1) Section 2.03 is hereby amended to read: "The employment of the City Manager shall be extended for an additional one year period to October 19, 2006." (2) Section 3.01 is amended to read: "The City agrees to pay the Manager a biweekly salary of $4,721.45 beginning November 6,2005 until this agreement terminates or is otherwise amended or modified. Said salary shall be payable at the same time as other City employees are paid. It is the intention of the parties that the Council review this salary and other benefits of the Manager on an annual basis and make adjustments thereto as deemed appropriate by the parties." EXECUTED on the date first above written CITY OF COLLEYVILLE By: David Kelly, Mayor Attest: Cynthia Singleton, City Secretary, TRMC MANAGER By: William H. Lindley, CPM CITY COUNCIL ell). Of CCe", AGENDA BRIEFING "C':Cil~ MEETING DATE: ITEM#: RESOLUTION # : 10/18/05 4d R-05-2607 CITY MANAGER I ; DEPARTMENT HEAD I (~I?:;>--cO.t FINANCE REVIEW Previous Action: None DEPARTMENT : ENGINEERING SUBJECT: Approval of an Interlocal Agreement with Tarrant County to pave the parking lot adjacent to the Crown of Life Lutheran Church, and authorize the City Manager to sign the agreement - by Consent Reading and Public Hearing Over the past several months, staff has met with the Crown of Life Lutheran Church located at 6605 Pleasant Run Road and Tarrant County regarding construction of an asphalt parking lot on City property between the Church and the soccer fields. This lot currently has a gravel surface that requires periodic maintenance and becomes extremely dusty during dry conditions, affecting both the Church property and soccer practice. The Church agreed to donate 50% of the construction costs to City. Tarrant County has agreed to construct the parking lot for the cost of labor and materials. The Church will use this parking lot during church service times, but will not interfere with City activities. Construction is scheduled for December 2005. Financial Impact Due to the current volatile oil prices, the agreement is not to exceed the amount of $40,000. The City's share of the funding is available in Colleyville Economic Development Corporation budget. Recommendation Approval Attachments . Interlocal Agreement ~' THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT CONTRACT This Agreement made and entered into this day of 2005, by and between the County of Tarrant, acting herein by and through its governing body the Commissioners Court, hereinafter referred to as the COUNTY, and the CITY OF COLLEYVILLE, acting herein by and through its governing body, hereinafter referred to as the CITY, both of Tarrant County, State of Texas, witnesseth: WHEREAS, this Agreement is made under the authority granted by and pursuant to Chapter 791 of the Texas Government Code; and WHEREAS, the party or parties paying for the performance of governmental functions or services shall make payments therefore from current revenues available to the paying party; and, WHEREAS, the governmg bodies of the two parties find that the project or undertaking is necessary for the benefit of the public and that each party has the legal authority to build or maintain the project or to provide such service, and the construction and improvement thereof is in the common interest of both parties hereto; and that the division of costs provided for constitutes adequate consideration to each party; said project being more particularly described as: . Construction of a HMAC overlay on the Soccer Field Parking Area located off of Pleasant Run Road. (approximately 5,667 sy). WHEREAS, the parties hereto, in order to facilitate the financing and construction of the needed facility, and in order to share the costs of having said work to be done have agreed to share in the financing of said construction as hereinafter stated in detail. The CITY hereby agrees that the CITY will pay for any engineering, survey, and laboratory testing necessary for these projects, and that the COUNTY will not be responsible for any payment for such services. The CITY must notify the COUNTY within thirty days of completion of this project of any complaint the CITY has with the project. For and in consideration of the mutual undertaking hereinafter set forth and for adequate consideration given, the parties agree as follows: 1. The COUNTY agrees to provide the following work for the following project: Soccer Field Parkiol! Area Perform minor grading and place a two-inch HMAC surface. 2. The CITY agrees to reimburse the COUNTY in full for all labor and equipment costs necessary to complete the project in an amount estimated not to exceed $40,000. The City will be invoiced only for the actual cost of materials, labor and equipment rental. 3. The CITY agrees to pay for the actual cost of the materials, including any delivery or freight costs. The CITY will provide a purchase order and will be billed directly by the material supplier. The COUNTY may accumulate and bill the CITY for incidental material cost. 4. The CITY agrees to stake the pavement boundaries and establish sub grade elevations (blue top) the parking area prior to the COUNTY beginning work. The CITY will be responsible for establishing the drainage and installation of all drainage structures. 5. The CITY agrees the parking area will be closed to traffic between the hours of7:30 am to 3:30 pm for the duration of the project. 6. The CITY will provide the COUNTY with a hydrant meter and all the water necessary for the projects at no cost to the COUNTY. 7. The CITY will be responsible for the adjustment of all manholes, valves and other utilities for this project. 8. The CITY agrees that if a Storm Water Pollution Prevention Plan (SWPPP) is required, the CITY will be responsible for the design and development of the Plan. The COUNTY will be responsible for the implementation and maintenance of the SWPPP during the duration of the project. The CITY further agrees to pay for all cost (including subcontractor materials, labor, and equipment) associated with the implementation and maintenance of the Plan. By entering into this Agreement the parties do not create any obligations express or implied other than those set forth herein and this Contract shall not create any rights in parties not signatories hereto. The parties to this Agreement do not intend by this Agreement that any specific third party may obtain a right by virtue of the execution or performance of this Agreement. CITY agrees that the COUNTY is relying on the CITY for notice of when to proceed with these projects, but this Agreement does not require the COUNTY to do these projects within any particular time frame. This Agreement shall terminate automatically upon happening of any of the following events: 1. The completion of the improvement provided for herein or; 2. At the end of one (1) year from date herein, unless renewed by both parties in writing. CITY: Authorized City Official ATTEST: CITY TARRANT COUNTY: TOM VANDERGRIFF, County Judge ATTEST: COUNTY B. GLEN WHITLEY County Commissioner Precinct Three * APPROVAL AS TO FORM: District Attorney's Office . By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. parties should not rely on this approval, and should seek review and approval by their own respective attorneys. CITY COUNCIL cilr Qr cce'" AGENDA BRIEFING I<.'.":l$ MEETING DATE: ITEM # : ORDINANCE # : 10/18/05 5 0-05-1550 CITY MANAGER I DEPARTMENT HEAD I FINANCE REVIEW i Previous Action: 10/04/05 DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT : Approval of a Request to Amend the zoning on 1.9 acres located at the southwest corner of Church Street and Colleyville Boulevard regarding screening and additional land uses, Case Z-05-026 Second Reading and Public Hearing First Reading and Public Hearing The City of Colleyville is the owner of a 1.9-acre tract of land located at the southwest corner of Church Street and Colleyville Boulevard, across from the Town Center Colleyville development. The City Council directed staff to initiate an amendment to the zoning on this property to add a bank/financial institution to the list of permitted uses and to modify the screening requirements for this property. The City purchased the property in 1999 to secure right-of-way for the future realignment of Church Street so that the intersection aligns with Church Street on the east side of SH26. The City of Colleyville identified the balance of the property that is not required for the Church Street right-of-way for future commercial development. The City Council approved PUD-C zoning for the site on March 2, 2004. The list of uses allowed by the PUD-C ordinance is designed to promote retail businesses that generate sales taxes. Recently, the City has obtained an offer on the property for retail development, provided that the zoning on the site will allow one bank/financial institution. To prevent the site from becoming used only for a bank, which does not generate sales taxes, the attached ordinance contains a provision which prohibits the issuance of a certificate of occupancy for a bank/financial institution prior to the issuance of a certificate of occupancy for a sales tax generating retail business. The potential developer is in agreement with this provision. The original Ordinance 0-04-1445 requires the construction of a six foot masonry screening wall where the commercial lots abut residential property. However, the property remaining to the west of this site that is situated on the north side of the proposed Church Street realignment will not be adequate in size to accommodate a future residence. This small parcel will either remain vacant or be incorporated into the subject property. It would be a case of poor planning to require a masonry wall that will either screen a vacant lot or be eventually demolished. Staff recommends changing the screening requirement to allow a live evergreen landscape screen of six feet in height. At the Planning and Zoning Commission public hearing on Monday, September 26, there were ~... _.~.,-_..,~...."-,"",---",-~_._---,-.<----~-_._...- Agenda Briefing Ordinance 0-05-1550 Page 2 of 3 questions regarding the future plans for the existing Church Street intersection, particularly as it relates to maintaining access to the Town Square commercial development located to the north of Church Street. Additional questions were raised regarding the economic benefits gained by allowing a bank within the proposed development on the property in question. The city-developer agreement associated with the pending sale of the city-owned 1.9 acre tract, located to the south of Church Street, contains a provision for the developer to maintain the existing access to the Town Square development to the north of Church Street as well as provide access to the new development planned for the 1.9 acre site to the south of the planned realignment of Church Street. Furthermore, the current preliminary design plans for the reconstruction and widening of Colleyville Boulevard shows an access point at the existing Church Street location, which will maintain vehicular access to the Town Square development to the north of Church Street. The developer has agreed and confirmed to staff that they are in full agreement and planned to place a mutual access easement across the length of the property at time of platting to provide continuous access from the Town Square development to the north to the new location of Church Street to the south. The preliminary site plan provided to the City shows three proposed commercial businesses, one bank (3,800 sJ.) and two retail tenant spaces (1,800 sJ. and 1,830 sJ.). According to the Trip Generation Study, 6th Edition, compiled by the Institute of Transportation Engineers, drive- in banks typically generate 265.21 vehicle trips per day per thousand square feet of floor area. The attached ordinance limits the maximum size of a bank at this location to 4,000 square feet, which potentially could generate 1,060.84 vehicle trips per day and serve as additional customers to the retail businesses located at this location. The developer has indicated that the proposed development when completed will have an estimated property valuation of $3,200,000, which will generate $11,117 property taxes annually for the City of Colleyville. The property is located in the Colleyville TIF District. The developer has also indicated that the retail tenant spaces will generate approximately $23,000.00 of sales taxes annually to the City of Colleyville, based on the one percent sales tax collection rate. Attached is a proposed ordinance that, if approved, will amend the list of permitted uses to allow one bank/financial institution and modify the commercial screening requirements. The ordinance also contains a provision regarding the issuance of a certificate of occupancy to a retail space before that of a bank. The following is an analysis of the major issues associated with this rezoning request. Master Plan. The Colleyville Master Plan designates the future use of this area for office and commercial type land uses. This request is consistent with the goals and objectives of the Master Plan, which designates this property and the properties on the south side of Church Street as future commercial and retail uses. Agenda Briefing Ordinance 0-05-1550 Page 3 of 3 Surrounding Properties. Most of the surrounding properties are developed. A single-family residence is located west of the site. The other surrounding properties are either developed as or intended for commercial, retail, or office development. Properties to the north and east are zoned CC2 and are developed as retail and commercial uses. Property to the south is zoned CC1 and is used as a medical office building. The property to the west is zoned AG and is used as a single family residence. Platting. Since the property is not platted, the developer would have to submit a final plat for approval by the City. As part of the final plat, the developer would be required to dedicate the right-of-way for the realignment of Church Street and any additional right-of-way required for the widening of Colleyville Boulevard. Church Street Construction. The developer will be required to construct the portion of Church Street that runs through this property. Sidewalks and Trails. The developer of the property would be required to construct a section of trail along the south side of Church Street, as required by the Colleyville Pathways Plan and a 5-foot wide sidewalk adjacent to Colleyville Boulevard. Screening. The ordinance requires that the developer to construct a six-foot tall live landscape screen where the property abuts a common lot line with non-commercial uses. Infrastructure. Water and sanitary sewer services are available along adjacent rights-of-way. The developer is responsible for the extension of utilities to the lots if necessary. Public Notification. Staff mailed notices to 23 adjacent property owners regarding this request. A complimentary notice was sent to the Hidden Oaks Homeowners Association. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. The Planning and Zoning Commission considered the proposed amendment on September 26, 2005 and recommended approval by a 4-2 vote. Recommendation Approval Attachments · Location Map · Zoning Map · Proposed Site Plan · List of Property Owners Notified · Ordinance 0-05-1550 Location Map Site Zoning Map ~- ~~ ~~ ~ ProPOsed Site Plan CWlcll(f( / / --~, '~-1S~--~-'--_____ ~ __"~'__.,_~ 'i 4' 'Liill!'<lIJ<il]g 2i>~e~, __I 'Str~t ,'s lor ~se after ChUrch ~_,.~' _, ~, _I' ~ andonea, , ' " L STREET / / / 9 / I 6 / / ,~'>> I' b<i. ",'" 01' Q.~ fQ0 ~t;J~"',G / 1'/ ~, i~ / / '4 10 ~00 ~ / $0~~$ / / / / / ~~ ~~ \>~ ~~ ~ \>~ ~~ ~J;, ~\> (;~ / / ~ 0<%\0 00 . ~ $ / / / // / / i / // / / / / / / / /[y List of Property Owners Notified Clifton D. Hales PO Box 338 Colleyville, TX 76034 Herman J Smith & Co Ltd. 1903 Central Drive Ste. 403 Bedford, TX 76021 Charles & Rob Ltd. 8235 Douglas Ave. Ste. 950 Dallas, TX 75225 Uhlmann-Colleyville LLC 13245 Riverside Dr. Ste. 500 Sherman Oaks, CA 91423-2172 Melvin & Martindale Ltd. 8235 Douglas Ave. Ste. 950 Dallas, TX 75225 Life Time Fitness, Inc. Attn: Real Estate Tax Dept. 6442 City West Pkwy. Eden Prairie, MN 55344 Colonial Bank 1 Commerce St. Montgomery, AL 36104 Mr. Fred J. Lee PO Box 491750 Lawrenceville, GA 30049-0030 CTL Properties LP 312 W Northwest Hwy. Grapevine, TX 76051 Libby W Brady 5405 Colleyville Blvd. Colleyville, TX 76034 Afrim & Hajri Bojku 2708 Cedar Springs Ct. Bedford, TX 76021 Afrim & Ruzdi Bojku 3408 Glade Creek Drive Hurst, TX 76054 First Baptist Church of Colleyville HRT Properties of Texas Ltd. Mr. David P Linton 5300 Colleyville Blvd. 3310 W End Ave. Ste. 700 5562 Elkhorn Drive Apt. 328 Colleyville, TX 76034 Nashville, TX 37203 Indianapolis, IN 46254-5281 Colleyville Church of Christ Valerie Hubbard First United Methodist Church 1008 Church St. 4723 Meandering Way 5601 Pleasant Run Rd. Colleyville, TX 76034 Colleyville, TX 76034 Colleyville, TX 76034 Gary 0 & Teresa Kerbow Stephen & Cheryl Moreland Fredric 0 Richmond 5700 Hidden Oaks Dr. 5609 Hidden Oaks Dr. 5607 Hidden Oaks Dr. Colleyville, TX 76034 Colleyville, TX 76034 Colleyville, TX 76034 Terry & Dixie Leach Kenneth & Estilita Kerkering Min H Kim 5605 Hidden Oaks Dr. 5603 Hidden Oaks Dr. 5601 Hidden Oaks Dr. Colleyville, TX 76034 Colleyville, TX 76034 Colleyville, TX 76034 John & Patricia Gooding Jr. 1007 Hidden Oaks Ct. Colleyville, TX 76034 Randall W & Margaret Johnson 5606 Hidden Oaks Dr. Colleyville, TX 76034 Eagle-Colleyville Towne Square Two Lincoln Centre/LB 29 5430 LBJ FWY Ste. 1575 Dallas, TX 75240-2641 HEC INC. % Stanley W. Jordon Pres. 2000 Greenwood Dr. Southlake, TX 76092 ORDINANCE 0-05-1550 AN ORDINANCE AMENDING ORDINANCE 0-04-1445 OF THE CITY OF COLLEYVILLE, TEXAS, REGARDING SCREENING, PLATTING AND ADDITIONAL USES AUTHORIZED WITHIN THE PLANNED UNIT DEVELOPMENT DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, this property is owned by the City of Colleyville and the City Council has directed staff to initiate an amendment to the zoning of this property under Case No. Z-05-026; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. Ordinance 0-05-1550 Page 2 of 4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending Section 2.2 of Ordinance 0-04-1445 regarding permitted uses to add the following permitted use: m. One bank/financial institution, not to exceed 4,000 square feet of floor area, provided that no certificate of occupancy shall be issued to a bank/financial institution prior to a certificate of occupancy for a sales tax generating retail business THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending Section 2.7.a of Ordinance 0-04-1445 regarding screening to read in its entirety as follows: a. The developer of each individual commercial lot shall construct a live evergreen landscape screen where the commercial lot abuts a lot not used for commercial purposes. Said landscape screen shall be not less than six (6) feet in height within two years after planting. This landscape screening requirement shall be in lieu of any other screening requirement contained in the Land Development Code. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending Section 2.3.c of Ordinance 0-04-1445 regarding platting and site plans by adding the following paragraph: c. Prior to the issuance of any development permits within this PUD-C and as a condition to the development of the subject property, the developer shall grant a mutual access easement, in accordance with the standards contained in the Land Development Code, across the entire frontage of this property. This platting requirement shall be in addition to any other platting requirements contained in the Land Development Code. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for Ordinance 0-05-1550 Page 3 of 4 in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Sec. 1 O. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 11. THAT Ordinance 0-04-1445 shall remain in full force and effect, except where amended by this ordinance. Sec. 12. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2005. day of The second reading and public hearing being conducted on the 2005. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney David Kelly Mayor Ordinance 0-05-1550 Page 4 of 4 CITY COUNCIL cc@rn", AGENDA BRIEFING Il'X;l$ MEETING DATE: I 10/18/05 ITEM #: ! 6 ORDINANCE #: i 0-05-1551 CITY MANAGER i DEPARTMENT HEAD i FINANCE REVIEW i N.A. Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT : Approval of a Zoning Change from CN to R20 on 1 .31 acres on Tract A, block 1, located at 413 Timberline Drive South, Case Z-05-024 First Reading and Public Hearing Dino Idoski has submitted a request to change the zoning of 1.31-acres, located at 413 Timberline Drive South, from CN Neighborhood Commercial to R20 Single Family Residential. The applicant is seeking a zoning change in order to develop the property as single family residences. The property is currently vacant and located on the south side of Timberline Drive South, and on the west side of Bransford Road. The property is platted as Tract A, Block 3 of the Highland Acres Addition. In order to subdivide the property, approval of a subdivision replat will be required at a later date, upon approval of the rezoning request. The R20 zoning district requires a minimum lot area of 20,000 square feet. The property exceeds 20,000 square feet and meets the minimum requirements of the R20 zoning district. The developer has submitted a zoning exhibit illustrating the area to be rezoned. The subject lot, as shown on the zoning exhibit, appears to meet the R20 zoning requirements. At the September 12, 2005, Planning and Zoning Commission public hearing on this rezoning request, the applicant stated his plan is to divide the property into two or three lots fronting onto Timberline Drive South. The following is an analysis of the major issues associated with this rezoning request. Master Plan. The Colleyville Plan contains as a goal to "preserve the superior quality of Colleyville's residential neighborhoods". This particular goal includes objectives relative to this zoning change request: . Maintain the current level of housing quality and density . Encourage redevelopment of older properties located along major collector streets into estate settings . Continue development of luxury residential areas while maintaining the "country feel" along major collector streets If the rezoning request is approved, the developer's plan to front lots onto Timberline Drive South is not fully consistent with the goals and objectives of The Colleyville Plan, which Agenda Briefing Ordinance 0-05-1551 Page 2 of 3 promotes large estate development along the collector thoroughfare system. However, approval of the rezoning request would bring the property into conformance with the Land Use Plan, which shows this property as a future residential site. Residential Density. The Colleyville Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. The subject property is located in the Neighborhood Two area as designated by The Colleyville Plan. The overall residential density within the Neighborhood Two area is 2.18 dwelling units per acre. The maximum residential density for the R20 zoning district is 2.1 dwelling units per acre. The applicant's proposed density is generally in compliance with The Colleyville Plan. Lot Sizes and Widths. The R20 standards allow for a minimum lot size of 20,000 square feet. The applicant proposes to create two or three single family lots. The property contains approximately 63,800 square feet, which will allow the platting of three lots that meet the 20,000 minimum square footage requirements of the R20 zoning district. However, the property only has 288 feet of frontage on Timberline Drive South and this dimension would only allow the platting of two lots. The minimum lot frontage in the R20 district is 100 feet. The applicant is aware of this issue, which was discussed at the September 12, 2005, Planning and Zoning Commission meeting. Surrounding Properties. The surrounding properties are a combination of single family residential, church, and agricultural zoning districts. The property to the north is zoned CN Neighborhood Commercial and is currently developed as a church. Properties to the northwest are primarily zoned R20 and are developed as single family residential uses. Properties to the south and west are primarily zoned R40 and are developed as single family residential uses. Properties to the west are zoned AG, and consist of City of Colleyville Parks and Recreation facilities (City Park). Development Trends. The development trends in this area primarily focus on single family development. Infrastructure. Water and sanitary sewer service are available along adjacent rights-of-way. If required at time of platting, the developer is responsible for the extension of water and sewer service lines to the individual lots. Property Taxes. According to information available from the Tarrant Appraisal District, the 1.31-acre parcel is valued at $15,000. The estimated City property tax revenue for the undeveloped property is approximately $52 annually. The future property tax revenue would depend upon the value of the individual lot and the value of the house built on the lot. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single- family residences are expected to generate 9.57 trips per day, on average. Agenda Briefing Ordinance 0-05-1551 Page 3 of 3 Public Notification. Staff mailed notices to eight (8) adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission considered this rezoning request on September 12, 2005 and recommended denial by a unanimous vote. The developer has submitted a written request, as provided by the Land Development Code, for the request to be considered by the City Council. The Land Development Code also requires a super-majority vote of the City Council to approve a rezoning request that has been recommended for denial by the Planning and Zoning Commission. Summary. The staff recommendation for approval is based on bringing the current zoning of the property into conformance with the Land Use Plan. If the property were to develop as a commercial property, which is allowed by right given the current CN-Neighborhood Commercial zoning, it would not be in harmony with the surrounding properties. Recommendation Approval Attachments · Zoning and Location Map · Portion of Future Land Use Plan · Zoning Exhibit from Applicant · Letter from Applicant · List of Property Owners Notified · Ordinance 0-05-1551 Zoning and Location Map D NORTH AG "''-~GE Portion of Future Land Use Plan Zoning Exhibit from Applicant It SOUTH llIW~. -..-;.T----------u--------------4'! : I ...----1 , : j I , I, Q ...~ ~ ~ "l~ Q IIi II: J" Ii? I : 'It ! I i J I~" .!"I.t. -a. ,.. I.; I,! I I !I.. f ...... ~I :~ ~ , I I I I j I I TRACT A BLOCk 3 .~. -------" <<,,<<"""-.~_,tJu.t~ R~CI.vto AO$II_ 1/Iy, ,..-- . Letter from Applicant ~ efC), ,....- /01 0.1 -----}o CfT;) ~r COlleyvt/!e f- .;.. "2 D f - i) 2.11 jle."re'SJ FJ If- <.; 2-D ,..', Yl~ C L Q(l~ 'L /'?JL' LI/3 -r 1/718etz-!llf/b D~/lIe ~O(/./1. j) eM- (I J?'i) 51t ei k;J /1/e- l/oJ te1lJi3~ ell A'/e c r'1 CoJu: I ( ,neej,(1/J fvf-. /~ ftO(Jl'/.{j obeve.- ;:Of!- ZPI1/'4? ((~e- t7-0M /4J1oJ!- ~J ~ r/ 'Iou i&/(L 7 iveJ1-II'u, r (~;;,fL C"'Q I ( JN1 e. OJ( .!- ;g 17 l' ~ ~ q 7 <?. ? J j)IIVJ ,S;:hs/CI ~>;/ ~ /)n:~~ I j 22.-1 I/Jc!; an+ It. " '~E:iC:[!MIlJ) ~~'(t)~ 120 if M) i/,. .--:'\. / 7 / ~ /4 V f"'t;.-' t)(.... I (P Z-G2- [,b-_ ' j'rvr '\...I.............! List of Property Owners Notified Hilliard, Jerry L 5112 Bransford Road Colleyville, TX 76034 Friedli, Peter F Ch De La Fontaine 6B 1260 Nyon Switzerland 00000 John Friedli, owner 2072 Placita De Vida Santa Fe, NM 87505 Hatfield, Raymond 409 Timberline St. S. Colleyville, TX 76034 John L. Slater 404 Timberline St. S. Colleyville, TX 76034 Shinn, Frances L PO Box 61 Colleyville, TX 76034 Dino Idoski, applicant 1224 Indian Road Roanoke, TX 76262 Church of Jesus Christ LOS 50 East North Temple Salt Lake City, UT 84150-0001 ORDINANCE 0-05-1551 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 1.31 ACRES LOCATED AT TRACT A, BLOCK 3 OF THE HIGHLAND ACRES ADDITION, FROM THE CN NEIGHBORHOOD COMMERCIAL TO R20 SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application for a zoning change was filed by Dino Idoski on August 12, 2005, under Case No. Z-05-024; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-05-1551 Page 2 of 3 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of said property from the CN Neighborhood Commercial to R20 Single Family Residential district, as depicted in the attached Exhibit "A". THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-05-1551 Page 3 of 3 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2005. day of The second reading and public hearing being conducted on the 2005. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT A - ZONING MAP AG '~GE CITY COUNCIL CC@m", AGENDA BRIEFING Tl....:-;:~$ MEETING DATE: ! 10/18/05 ITEM #: J 7 ORDINANCE #: [ 0-05-1552 CITY MANAGER ! DEPARTMENT HEAD ! FINANCE REVIEW I Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT : Approval of a Zoning Change from AG to R 15 on 0.76 acres out of the Harrell Hughes Survey located at 1512 McCain Lane, Case Z-05-025 First Reading and Public Hearing Carolyn Apodaca has submitted a request to change the zoning of 0.76-acres, located at 1512 McCain Lane, from AG-Agricultural to R15-Single Family Residential. The applicant is seeking a zoning change in order to develop the property as single family residences. The property is currently vacant and located on the north side of McCain Lane. The property is not currently platted. In order to subdivide the property, approval of a subdivision plat will be required at a later date, pending approval of the rezoning request. The developer has submitted a zoning exhibit illustrating the area to be rezoned. The R 15 zoning district requires a minimum lot area of 15,000 square feet. The property contains approximately 32,900 square feet, which exceeds the 15,000 square foot minimum requirements of the R 15 zoning district. The Land Development Code does not require a proposed lot layout for rezoning requests for single family residential zoning districts; however the developer has provided a proposed lot layout for this property. The applicant indicated to the Planning and Zoning Commission, at the September 26, 2005, public hearing on the rezoning request, that it is her intention to divide the property into two lots. Both of the proposed lots would meet the minimum lot depth and area requirements. However, the property only has 188 feet of frontage along McCain Lane, which exceeds the 100 foot minimum required in the R15 District, but is insufficient to create two lots that will meet the 100 foot minimum lot frontage. The applicant is aware that approval of the rezoning request provides no assurance that a two lot plat will be approved by the Planning and Zoning Commission, since a waiver of the lot width provision will be required at time of plat approval. The following is an analysis of the major issues associated with this rezoning request. Master Plan. The Colleyville Plan contains as a goal to "preserve the superior quality of Colleyville's residential neighborhoods". This rezoning request is consistent with The Colleyville Plan, which promotes: · Maintaining the current level of housing quality and density. Agenda Briefing Ordinance 0-05-1552 Page 2 of 3 Residential Density. The Colleyville Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. The subject property is located in the Neighborhood Four area as designated by The Colleyville Plan. The overall residential density within the Neighborhood Four area is 2.15 dwelling units per acre. The maximum residential density for the R15 zoning district is 3 dwelling units per acre. Lot Sizes and Widths. The southern most lots in the adjacent neighborhood to the north, in the Monterra Addition, have an average lot size of approximately 14,500 square feet. The neighborhood to the south has an average lot size of approximately 19,000 square feet. Surrounding Properties. The surrounding properties consist of primarily single family residential uses. The properties to the north and east are zoned PUD-R Planned Unit Development Residential and are currently developed as single family residential uses. The property to the west is zoned AG Agricultural and is developed as a single family residential use. Properties to the south are zoned R20 and are developed as single family residential uses. Development Trends. The development trends in this area primarily focus on single family development. Infrastructure. Water and sanitary sewer services are available along adjacent rights-of-way. If required, the developer is responsible for the extension of water and sewer service lines to the individual lots. Property Taxes. According to information available from the Tarrant Appraisal District, the 0.76-acre parcel is valued at $45,000. The estimated City property tax revenue for the undeveloped property is approximately $156.33 annually. The future property tax revenue would depend upon the value of the individual lot and the value of the house built on the lot. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single- family residences are expected to generate 9.57 trips per day, on average. Public Notification. Staff mailed notices to eighteen (18) adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission considered this rezoning request on September 26, 2005 and recommended denial by a 4-2 vote. The developer submitted a written request, as provided by the Land Development Code, for the rezoning request to be considered by the City Council. The Land Development Code also requires a super-majority vote of the City Council to approve a rezoning request that has been recommended for denial by the Planning and Zoning Agenda Briefing Ordinance 0-05-1552 Page 3 of 3 Commission. Summary. The neighborhood to the south, Kingston Estates, was platted and developed in 1963. Staff's recommendation is based on the opportunity to see new development occur as "in-fill" development in this neighborhood. Recommendation Approval Attachments · Zoning and Location Map · List of Property Owners Notified · Zoning Exhibit from Applicant · Letter from Applicant · Ordinance 0-05-1552 Zoning and Location Map D NORTH -_._,-~--~-~----- ~,-_."'...._~---~~---<."'_.~-"~.~-_._.~--'-_._- -"-'~----- List of Property Owners Notified Terry Mack McCain 1500 McCain Ln. Colleyville, TX 76034 Robert WRoth 1417 Douglas Avenue Colleyville, TX 76034 Rafiq R & Damani Surani 1409 Douglas Ave. Colleyville, TX 76034 Stephen & Lisa Kamp 1420 Douglas Ave. Colleyville, TX 76034 Kenneth & C S Lopez 1412 Douglas Ave. Colleyville, TX 76034 William & Noreen Houston 1408 Douglas Ave. Colleyville, TX 76034 Naushad Kabani 1400 Douglas Ave. Colleyville, TX 76034 James & Tracy Ann Gordon 6513 Ponderosa N. Colleyville, TX 76034 Joe Graham 6513 Kingston Dr. Colleyville, TX 76034 Kenneth & Wanda Garrett 6517 Kingston Dr. Colleyville, TX 76034 Don & Iris Martin 6516 Kingston Dr. Colleyville, TX 76034 Norma McCain 1516 McCain Ln. Colleyville, TX 76034 Patrick J & Heather Gural 1413 Douglas Ave. Colleyville, TX 76034 Wazir A & Gulnar Noorani 1416 Douglas Ave. Colleyville, TX 76034 John & Faye Long 1404 Douglas Ave. Colleyville, TX 76034 Dwight & Barbara Smith 6512 Kingston Dr. Colleyville, TX 76034 William Fuqua 6517 Ponderosa Ln. Colleyville, TX 76034 Arvel & Judy Bailey PO Box 747 Colleyville, TX 76034 NAt' 6 4) 111M =-= B~l 0' cITY or co llOC. w:.mllSOUUlllt OftC'r ';~ I 'ItIlR'I' WI(:l(~ , YllL ... S1I I~~i wau:'I' IMIY Nfll ~ IMI'l' OJI.T~\ I ~. .. \IIlL. 11417, flQ. I" ..r==\ 1:1r i2 O.ll.T.c.T. I; I #II g I~ pl\llP\lSIUl \; PROPOSED i WI' I WI' 2 \~ ~ vACANT \ I..OT =' ~l'IIILllOD WIlT ,.....' ..~ =' Zoning Exhibit from Applicant 1<<= . .... o G -_.,-_.....~,_._-- ~.8V~, 9L9L~ 303 Morningstar Court Colleyville, Texas 76034 469-964-6837 fax: 817-849-8138 caDodaca(ii>.sbcalobal. net September 30,2005 Ms. Amy Shelley City of Colleyville Planning & Zoning 100 Main Street Colleyville, Texas 76034 RE: Case Z-05-025 Dear Ms. Shelley: I am requesting the City of Colleyville Council consider my zoning CaseZ-05-025 at the next available council meeting. Please advise me when this would take place and thank you for your assistance. .~ ORDINANCE 0-05-1552 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 0.7566 ACRES IN THE HARRELL HUGHES SURVEY, A-656, LOCATED AT 1512 McCAIN LANE, FROM THE AG-AGRICUL TURAL TO THE R15-SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application for a zoning change was filed by Carolyn Apodaca on August 23, 2005, under Case No. Z-05-025; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-05-1552 Page 2 of 3 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of said property from the AG-Agricultural to R15-Single Family Residential District, as depicted in the attached Exhibit "A" and described in the metes and bounds description attached as Exhibit "B". THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. Ordinance 0-05-1552 Page 3 of 3 The first reading and public hearing being conducted on the 2005. day of The second reading and public hearing being conducted on the 2005. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney .,'"~-"-~----_._..-......-..,-".~--~.._~._._---~_.- -".--"--'-- EXHIBIT A - ZONING MAP - _.._,..,_.----~'--"'""~~,,_. ._.~.,,..,''''-,..-..--.,_--...........~'",,.~-,,......._,------,. EXHIBIT B - METES AND BOUNDS FIELD NOTE DESCRIPTION ALL that certain tract or parcel ot land situated in the HARRELL HUGHES SURVEY, Abstract No. 656, in the City at Colteyville, Tarrant County, Texas and being that some tract described to Terry Mack McCain os recorded in Volume 6689. Page 376, Deed Records, Tarrant County, Texas and being more particularly described by metes and bounds os follows: BEGINNING at a 1/2 inch capped steel rod stomped "MOAK SURV INC" set at the southwest corner of soid McCain tract and being in the north right-at-way line of McCain lone (0 60' right-of-way); THENCE NORTH with the west boundory line of soid McCoin tract, 175,52 feet to a 5/8 inch steel rod found at the northwest corner of said tract; THENCE South 89 degrees 57 minutes 08 seconds Eost with the north boundary line of said trod, 187.47 feet to 0 3/8 inch steel rod found at the northeast corner of said tract; THENCE South 00 degrees 15 minutes 45 seconds East with the east boundary line of said tract, 175.35 feet to a 1/2 inch steel rod in concrete found ot the southeast corner of said tract and being in the said north right-at-way line at McCoin Lone; THENCE South 89 degrees 59 minutes 39 seconds West with the south boundary line of said tract and said right-ot-way line, 188.27 feet to the place of beginning and containing 0.7566 acre of land. more or less. os surveyed by Moak Surveyors. Inc. in the month of Aug.ust. 2005. '"-,~~--_.~-_.~"..~._---- . CITY COUNCIL c\rr Of CCe", AGENDA BRIEFING t('~..:i MEETING DATE: ! 10/18/05 ITEM #: i 8 RESOLUTION #: I R-05-260B , CITY MANAGER I DEPARTMENT HEAD! FINANCE REVIEW I N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT : Consideration of appointment to the Traffic Safety Advisory Committee Reading and Public Hearing There are three (3) positions on the Traffic Safety Advisory Committee whose terms expire October 2005. The positions were advertised and applications accepted September 8 through October 7, 2005. The incumbents were notified by mail that their term was expiring and asked to complete an Application for Appointment if they wished to be considered for reappointment. The following committee member's terms expire October 2005: . Bill Hodges . Steven Knight . Brian Leding One (1) application has been received from James W. (Bill) Hodges and the application is attached. On the basis that there are three (3) openings and one (1) applicant, staff will extend the advertising period to November 10,2005. Attachments . Application for Appointment . Resolution R-05-2608 .il~ TexaS ~:~ @@@;O '-~,- ..~.....::;..<__W rn CITY SECRETARY'S Ql=B.CE ~,_..- Planning and Zoning Commission and Zoning Board of Adjustment applicants are required to file Financial Disclosure and Business Conflict of Interest forms two (2) business days after the application deadline as advertised in the Public Notice. These forms are available on the City's website at <http://www.colleyville.com/boards/application.asp>orbycontactingtheCitySecretaryat817.503.1130 Ms. ~ ~ Name: Application for Appointme SEP 1 (; 2005 !k 'f) G-~ I -:T4-vr1€/ W. (B I; c) (Last) (First). (MI) Address: In 1 t D G-!eAJv'l~J LIV €fJ{(eru,,!I(~ (IC: 7 6~ g Y Home Telephone: Work Telephone: By providing your e-mail address in the space below, you are consenting to the release of your personal e-mail address by the City. E-mail Address: (6CDLHoJ)~f:5 & A-o'-. C&-rn Fax: 2 I, ~'" 'IC/z - q I.{ ) V Board, Commission or Committee Appointment Desired: Qualifications: (list educational background or experience that would assist you in carrying out the duties of this appointment) _ frereJ- rv'/f-.ftr C _ 9-UNt:J r;.k H}-/-€A- I t.J!Hv' c --e ... ( f IJ-f DLJ ) 15 (' ])e~ . ~ IN.N~ ...Q;'M..IA-'A~ ~ --h Ae j':.J . Reasons for Serving: (state briefly the contributions you can make to this appointment and your reasons for wanting to serve on the Board, Commission, or Committee) ,.Q...fft\if2,! v~ .ja-, ~ d, .j (;v-e ~- ~ ~4 ~~. -/0 .r1::i I~I0LJ . ~ A () CI II . - ~ Do you understand that attendance and active support is required for each appointee? ~es no Signature: .-- Date: 9~/) -d f Once the City Council has filled a osition, your application will be removed from the file and you must reapply for future openings. This information will become a Public Record. City Secretary, 100 Main Street, Colleyville, Texas 76034, Phone: 817.503.1130 Fax: 817.503.1139 Sep 17 20 08:45a Bill Hod~es 817__ p. 1 10( 7-0 (- Mr. 8411iadges b'Sl')GlenW.NvlJl ~vjle. iX 700J4u.I1' tf-llfi/ . -? .p' tr/V1 Vl/11 (, J.;( ~ -(~~ Ij /} jj' Cl/V Tvrll1 I./I-e J if I fi .-_Jj C-J /1 .J '/1(- '1.(t!Y7; Cf~l-~&'ll ~ it.z V ---r-- r ' . I v lit t-tl C. ~.. ~A...J.'Zd- . (r --I r/l~1 Ii~ ~tl t;( fk ~ y r !.(.o"...J / s ~ CtPv~ a-/LR-..'-..- ~t.{. /tL~ ). ---/;/ -;;/ 1114L/ l,. / &.U )IJ~ J?/7--- [.//(, --70Q V I {~ItrV' /;;~I ?k; RESOLUTION R-05-2608 A RESOLUTION APPOINTING A MEMBER TO THE TRAFFIC SAFETY ADVISORY COMMITTEE WHEREAS, three positions on the Traffic Safety Advisory Committee have expiring terms; and WHEREAS, one application has been received. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT James W. (Bill) Hodges is appointed to the Traffic Safety Advisory Committee to serve a two-year term expiring 2007. Sec. 2. THAT the remaining open positions will be re-advertised. AND IT IS SO RESOLVED. APPROVED THIS DAY OF AYES, NAYS AND ABSTENTIONS. 2005, BY A VOTE OF _ ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor CITY COUNCIL elf,. or c@n<e AGENDA BRIEFING 'tC'"aSo FINANCE REVIEW i MEETING DATE: I ITEM # : RESOLUTION # : 10/18/05 9 R-05-2609 CITY MANAGER I DEPARTMENT HEAD ! ; Previous Action: None DEPARTMENT: PARKS AND RECREATION SUBJECT: Approval of an Update of the Colleyville Pathways Plan Reading and Public Hearing Since October 2004, staff has been working on updating the 1998 Colleyville Pathways PIan-- A Citywide System. Staff reviewed the Data Collection, Assessment of Current Conditions, Community Involvement, Plan Development/Refinement and Plan Adoption Phases. Staff met with the Sidewalk Committee several times to review the proposed 2005 Colleyville Pathways Plan Update. As part of the Community Involvement Phase, the Sidewalk Committee's feedback was incorporated into the proposed plan. The Parks and Recreation Advisory Board heard comments regarding the proposed plan during the October 3, 2005 meeting. The Board voted unanimously to approve the proposed plan. Recommendation Approval Attachments . Colleyville Pathways Plan . Resolution R-05-2609 Colleyville Pathways Plan September - 2005 ccen~ TexaS An Update to the 1998 Colleyville Pathways Plan - A Citywide System Colleyville Pathways Plan A Citywide System Table of Contents Section Number and Description Page 1. Introduction and Background 2. Goals and Objectives 3. Scope of Work and Methodology 4. Existing Trail and Sidewalk System Resources 5. System Development Issues 6. Future Trails Network 7. Recommended Sidewalk Improvements 8. Trail and Sidewalk Standards 9. Plan Implementation 3 4 5 7 11 15 27 32 34 Appendices Trails and Sidewalks System Map Trail Corridor Evaluation Matrix Bibliography 37 A-I A - 2 A- 6 1 Colleyville Pathways Plan A Citywide System Acknowledgements City Council David Kelly, Mayor George Boll, Place I Tony Licata, Place 2 Rich Hendler, Place 3 Jon Ayers, Mayor Pro Tern Tom Hart, Place 5 Parks and Recreation Advisory Board Jerry Birkes, Place 1 Connie Hampton, Place 2 Vince Rosen, Place 3 Gil Turner, Place 4 Nancy Coplen, GCISD Liaison Pat Horn, Place 5 Bob Leininger, Place 6 Steve Dalri, Place 7 Peter Riis, Place 8 Colleyville Sidewalk Committee Judy Atwood Deena Dendy Earline Kennedy Nancy Jane Langford Gail Manion Dulce Moore City Staff Bill Lindley, City Manager Paul Frederiksen, Assistant City Manager Keith Fisher P.E., Public Works Director Monica Sue Walsh CPRP, Parks and Recreation Director Barry LeBaron AICP, Community Development Director Dixie Cawthorne, Communications Manager Colleyville Pathways Plan - 2005 An Update to the 1998 Citywide Svstem Plan 2 Colleyville Pathways Plan A Citywide System INTRODUCTION AND BACKGROUND On September 15, 1998, the City Council approved Resolution R-98- 1414, which adopted the document Colleyville Pathways: A Citywide System, prepared by Bowman- Melton Associates, Inc., and established a plan for the long-range development of a sidewalk and trail system for the community. The 1998 plan represented one of the first efforts to develop a city-wide trail system that was configured specifically to coordinate with the network of neighborhood sidewalks in order to provide pedestrian connections with schools, parks and commercial centers. Over the past seven years since the adoption of the 1998 plan, there have been a number of segments of new sidewalks and trails constructed in the community. In certain locations, these new trail and sidewalk segments have been constructed due to new residential and commercial developments that were required by codes and ordinances to construct new portions of these facilities adjacent to the new developments. Additionally, the City of Colleyville has constructed a number of sidewalks and trails in various locations around the community in response to neighborhood concerns for pedestrian traffic, particularly in those areas where school children walk to nearby school facilities. These sidewalk and trail facilities were constructed using funds available as a part of the City's annual budgeting process or through special project funding that was provided by the City Council. During the latter part of 2004, it became apparent that an update to the 1998 plan was needed to address new locations where future trail segments should be constructed in areas that were not originally identified in the 1998 plan and to evaluate the list of recommended sidewalk improvements. New and additional sidewalk and trail routes have become necessary as a result of changing conditions, such as unanticipated residential developments that have occurred or due to overall planning policy revisions associated with the adoption by the City Council of the 2004 Colleyville Master Plan. 3 GOALS AND OBJECTIVES The two primary goals of the 2005 Colleyville Pathways Plan are to (1) identify the future trail network that will serve pedestrians, bicyclists, and other trail users within the various neighborhoods of Colleyville, and (2) to provide connecting sidewalk links between neighborhood schools and the trail network. Those potential trail routes previously identified in the 1998 plan have been re-evaluated and revised where applicable based on current information. The 2005 Colleyville Pathways Plan will be used as a guide by the community for advising developers of future trail routes that may be required by new developments. The plan will also be used to identify high priority sidewalk segments that are needed to provide safe access to all of the school facilities in the community. This plan will also serve to coordinate trail projects which cross city boundaries, such as the Cottonbelt Trail, which continues through Hurst and North Richland Hills to the southwest and through Grapevine to the northeast, further enhancing recreational opportunities for trail users in Northeast Tarrant County. Additional opportunities exist for connecting Colleyville's trail system with trails planned in the cities of Euless, Keller and Southlake. Through the use of this document, it is anticipated that local officials will be able to ensure the future availability of trail and sidewalk connections from residential neighborhoods to local schools, parks, and other key destinations within the community, such as shopping areas, work centers, or for recreational purposes. The purpose of this document is to supplement the 1998 plan, not to replace it. This document represents an effort to update the 1998 plan by incorporating those additional sidewalk and trail segments that have been completed and to identify those new locations where trail routes and sidewalk facilities are proposed in order to meet the overall objective of establishing a trail and sidewalk system network that serves the entire community. 4 SCOPE OF WORK AND METHODOLOGY Project Team In the fall of 2004, City staff determined that the most cost effective method for updating the 1998 ColleyvilIe Pathways Plan was through the use of current staff to perform the necessary tasks, rather than the expenditure of funds to employ a private sector consultant. Initially, the reduced cost of using City staff to update the plan provided a definite advantage over the hiring of a consultant, since available funding for a private sector consultant was limited. It was felt that the local knowledge and on-site resources available from senior City staff-members would also produce a superior planning document over one prepared by an out of town consultant. The project planning team consisted of representatives from the Parks and Recreation Department, Engineering Department, Community Development Department and the City Manager's Office. The initial effort consisted of determining a scope of work. Subsequently, a planning schedule was prepared and work elements assigned to the various team members. The team began the process by reviewing related documents, such as the 1998 trail plan, Colleyville Comprehensive Parks and Recreation Open Space Master Plan and the 2004-2025 Comprehensive Master Plan. Additionally, reviews of trail system plans from other communities were conducted, which provided further information on trail system development proposals. Sidewalk and Trails Inventory An updated inventory of the existing system of sidewalks and trails was made as a part of this update effort. Engineering Department and Community Development Department staff conducted a field survey to update the inventory of sidewalks and trails. From field observations and review of trail resources, the team added new trails and ideas to the plan. Shown on Table 1, Existing Colleyville Trails is a list of the updated existing trails system. These facilities are shown graphically on the Trails and Sidewalks System Map contained in the Appendix section of this report. The project planning team subsequently completed an on-site review and evaluation of each of the future trail routes identified in the 1998 Colleyville Pathways Plan. Where appropriate, minor adjustments to the trail system plan were made based on the additional input from the on-site evaluations. Staff also met with the Colleyville Sidewalk Committee to obtain input on recommended sidewalks to complete the pedestrian network serving the community. 5 Citizen Participation and Priority Setting An important element of the pathways planning effort is the inclusion of input from the public regarding the needs for future sidewalks and trails. Upon completion of the initial draft document, the planning team met on several occasions with the Colleyville Sidewalk Committee to solicit comments on the proposed plan update, particularly regarding the minor changes to the 1998 plan that have been incorporated into the final report of the 2005 update. Additionally, the planning team met with the Colleyville Parks and Recreation Advisory Board to obtain comments and input regarding the plan and to discuss how the plan coordinated with the overall park and recreation planning efforts for the future. The public hearing was also held during the Parks and Recreation Advisory Board meeting. Finally, the plan was presented to the City Council for consideration and adoption as the official pathways planning document for the City of Colleyville. During the development of the 1998 Colleyville Pathway Plan, the various trail segments comprising the future trail network were ranked and prioritized according to a logical plan for implementation. The proposed trails contained in this updated plan have retained their numerical ranking in order to provide continuity with the 1998 Colleyville Pathway Plan. New trail segments that were not on the 1998 Colleyville Pathway Plan have been placed at the bottom of the priority order. The Trails and Sidewalks System Map, contained in Appendix A, illustrates the general location of each trail segment. Proposed future trail segments have been assigned a numerical identifier, while existing trail segments are noted with alphabetical characters. The numbers assigned to the various trail segments corresponds to the numerical identifier affixed to the applicable section shown in the 1998 Pathways Plan. A complete system-wide evaluation matrix is reflected in Appendix B. Each trail is listed by a priority and also includes a cost estimate for the trail. Priorities can be adjusted as deemed necessary for needs of the updated plan. Contained in Table 3 is an analysis of recommended sidewalk segments that have been reviewed and proposed by the Colleyville Sidewalk Committee. 6 EXISTING TRAIL AND SIDEWALK SYSTEM RESOURCES The pathway system in Colleyville basically consists of a citywide network of sidewalks and trail facilities for pedestrians, including additional park trails. The majority of the sidewalks in Colleyville are located within residential subdivisions, and in most cases the sections of sidewalk within each development were constructed along the street frontage at the time the home was built on the lot. Most of these sidewalks are four feet in width, which is the minimum standard in Colleyville for a residential sidewalk. Sidewalks are generally constructed within the public street right-of-way, but situated immediately adjacent to the residential property line, which places the sidewalk as far from the actual street pavement as possible and thereby improving pedestrian safety for those using the sidewalk. Occasionally, it becomes necessary to place a sidewalk immediately adjacent to the curb due to narrow parkway widths or due to some other development constraint. This usually occurs when no provision for a sidewalk was incorporated into the development, which is the case in many older neighborhoods constructed prior to the time when sidewalks became a requirement of a new development. When a sidewalk is constructed immediately adjacent to the curb, the sidewalk is widened to five feet to provide a wider pedestrian traveling lane and to minimize safety concerns. In recent years, there has been some construction of concrete trail segments in various locations around the community. Trail segments are typically eight or ten feet in width. Colleyville offers a variety of existing trails that are accessible to many areas, but the trail network is largely incomplete and the lack of continuity is a problem for most trail users. Hike and bike trails are high priorities for the citizens of Colleyville, according to the Comprehensive Parks and Recreation Open Space Master Plan. Furthermore, during the development of the 2004 Comprehensive Master Plan the City held a series of neighborhood meetings which confirmed the widespread community support that exists in Colleyville for completion of the trail system, including the provision of sidewalk access to the various neighborhood schools in Colleyville. Virtually every neighborhood in Colleyville identified the need to have trail connectivity with other neighborhoods and with the overall trail and sidewalk network. It is essential to implement this updated plan for the benefits of the citizens of Colleyville. Over the past seven years, there has been a large amount of linear footage of sidewalks constructed in Colleyville since the previous Colleyville Pathways Plan was approved in 1998. 7 Those sidewalks that currently exist are identified on the Trails and Sidewalks System Map, contained in Appendix A. There have also been considerable segments of the trail network constructed over the past seven years. Many portions of the trail system constructed in Colleyville in the past have generally been built as a result of new development, which has occurred through the application of the Colleyville Land Development Code. Some segments of the existing trail network have also been constructed using funds from the Parkland Dedication Fund. In some locations, existing subdivision sidewalks have been incorporated into the trail network, which has received continued local resident support, as expressed at various neighborhood meetings and public hearings associated with new residential development proposals. In some cases, the alignment of the future trail network is not specifically identified due to inaccessibility or the absence of adequate trail right-of-way. For example, choices will need to be made in the future as development occurs as to which side of a collector roadway or creek channel will accommodate a trail segment. The existing trail system is represented on the Trails and Sidewalks System Map with a solid dark blue line. At the present time, there are twenty-seven trails, both public and privately owned, totaling approximately 22 miles, which have been identified in this plan and are shown in the following Table 1. 8 TABLE 1 - EXISTING COLLEYVILLE TRAILS PUBLIC TRAIL CONNECTIONS AND KEY REF* DESCRIPTION OR LENGTH PRIVATE ATTRIBUTES A Schoolyard Shortcut Public 0.04 mile Colleyville Elem. and Middle School-north access B Colleyville City Park Public 1 mile access to central city-wide recreation area paths C Sparger Park trails Public 0.5 mile key east/west linkage along Little Bear Creek D Colleyville Nature Center Public 3.5 miles combination of concrete and natural surface trails E Chisholm Park pathway Public 0.04 mile access to Bedford's Chisholm Park F Kimzey Park loop Public 0.25 mile City Park recreational loop path G McDonwell School Road Public 0.8 mile trail connects subdivisions along McDonwell trail School Road to the new Keller Elementary School H Cottonbelt Trail Phase I Public 2.3 miles along former Cottonbelt RR, from Bettinger to John McCain I Pleasant Run soccer walk Public I mile access to major youth recreation area J Tara Plantation trails Private 1.5 miles key east/west link K Lakes-of-Somerset trail Private I mile Sparger Park access will require bridge L Monticello Lake loop Private 0.25 mile subdivision recreational trail M Big Bear Creek Private 1 mile subdivision recreational trail Monticello trail N Pebble Hill Lake loop Private 0.5 mile subdivision recreational loop path 0 Heritage Colony loop Private 0.25 mile subdivision recreational loop path P Thornbury Clubhouse Private 0.5 mile subdivision recreational path loop Q Brook Meadows path Private 0.5 mile subdivision recreational path R Woodland Hills/Melrose Private I mile subdivision recreational path loop S Woodland Hills/Windsor Private 0.5 mile subdivision recreational path loop T Woodland Private 1.25 miles subdivision recreational path Hills/Pembrook twin trails U Heritage School street Pub lic 0.5 mile wide sidewalk access for Heritage School complex scape V Shalimar Pathway Public 0.33 mile subdivision recreational path W Timmaron Pathway Private 1.5 miles subdivision recreational path X Monterra Pathway Private 0.5 mile subdivision recreational path y Summertree Pathway Private 0.5 mile subdivision recreational path Z Remington Pathway Private 0.5 mile subdivision recreational path AA Emerald Park Pathway Private 0.4 mile subdivision recreational path * Noted on Trails and Sidewalks System Map, referenced by the alphabetIcal characters mdlcated 9 Existing sidewalk facilities During the early phases of this pathways plan update; City staff completed an inventory of the sidewalk system that existed in the community on May 1, 2005. Field surveys of new subdivisions were conducted and the sidewalks noted on a map. Homes within a subdivision under construction at the time the survey was completed were considered to have a completed sidewalk and noted on the existing sidewalk inventory map. Where an individual new home was under construction that was not part of a multi-lot subdivision, staff reviewed building permit records to determine if a sidewalk would be constructed or if funds for the future sidewalk construction had been placed in escrow. The existing sidewalks are shown on the Trails and Sidewalks System Map contained in Appendix "A" of this report. Creek Corridors Colleyville is situated within the drainage basins of Big Bear Creek and Little Bear Creek. Both of these tributaries generally extend from west to east and eventually drain into the West Fork of the Trinity River. Big Bear Creek forms the northern boundary of Colleyville, while Little Bear Creek is located in the southern portion of the city. Both of these two major drainage channels contain designated 100 year flood areas and due to development restrictions imposed by the Federal Emergency Management Administration (FEMA), development is highly limited to prevent property damage from flooding. Within the primary floodway, for example, no development can occur. The floodway is intended to remain open to accommodate the main flow of flooding run-off. However, portions of the flood-plain, the area situated outside of the primary floodway but within areas that may periodically become inundated, may be reclaimed with fill material. Little Bear Creek and Big Bear Creek are two significant creeks that offer tremendous potential for extension of the trail system and would provide an excellent natural atmosphere for recreational walking, jogging and bicycling. The precise location of trail facilities within flood prone areas requires special consideration for erosion, maintenance and safety issues. Considerable portions of the flood plain of Little Bear Creek and Big Bear Creek are in private ownership and will require coordination with property owners to obtain public access easements or trail right-of-way through these areas. However, the two major creek facilities can be viewed as major opportunities in the future to tie into trail connections for the Cottonbelt Trail. City-owned property There are trail opportunities within close proximity to L.D. Lockett House, Little Bear Creek, Big Bear Creek, Sparger Park and the Colleyville Nature Center. 10 SYSTEM DEVELOPMENT ISSUES Trail Planning Objectives Typically, the layout of a trail system within a City will connect areas of concentrated populations, such as residential subdivisions, schools, economic developments, and parks. These trails make it convenient for residents to safely travel from one location to another using these systems. Major trail facilities are generally designed to be located to be between one and three miles apart with minor trails and sidewalks no more than one mile apart completing the network near schools. Corridor Widths Trails are located in designated areas referred to as corridors. These are typically defined by easements of widths varying from 10' to 20'. The wider the easement or corridor, the more buffers that can be created of the surrounding areas. These areas will accommodate trail networks consisting of hard surfaces, usually concrete in nature. The hard surface trails require less maintenance and can accommodate emergency vehicles. Trail Development Along Creeks The City of Colleyville has two major creeks that meander through the City. Little Bear Creek is located on the southern part of the City and flows west to east from North Richland Hills to Euless. Big Bear Creek serves as the northern border between Colleyville and Southlake. These creeks can provide a natural laboratory of wildlife and aquatics. They can also link major population nodes by using the creek as a natural corridor for the trail systems. Trails along the creeks can also be useful as maintenance access points. Creek cleanup and erosion protection are byproducts of good planning and design. They also enhance the creek corridors by accommodating people, wildlife and trees. Incorporating Existing Trails in Established Subdivisions A consistent theme among the citizens in Colleyville is the theory of connecting neighborhoods by using the Little Bear Creek corridor. This would also serve as a connection to the citywide trail network. A careful and strategic plan of cooperation will be required by the citizens to be able link the currently developed areas with each other. Also crucial are the lands that are not publicly owned or managed. At several locations, these areas are critical for linkage to neighborhoods and the overall trail network. 11 Guidance for Land Developers When planning residential and commercial developments, land planners, developers and engineers need to be very aware of the current park master plan. Connectivity to these new developments should be addressed early on in the planning and design process. Coordination with city staff is critical to the success of the trail network. 4 3 3 11 11 14 3 2 2 10 10 ..'" 2 Open Space 1 9 9 Buffer Estate Homes 1 2 - '-"t 2=--1 I ~' I. J" I) ~"-) c, 2 . ~I Integrating Trails with the Street and Sidewalk System Trails, at several locations throughout the City, will end at major roadways. Special consideration will need to be made to safely design these connection points. The trail plan provides access to all city parks and facilities. The construction of sidewalks along these major roadways will help with the connectivity of the network. Where possible, trails should be safely designed into new projects where adequate right of way is available. The safest points of crossing are areas located at intersections where traffic has to stop in all directions. This provides the safest and most predictable movements of both vehicles and pedestrians. Sometimes, it is not feasible to have trail crossings at intersections. In this case, mid block crossings would be required. The crossings need to be located in areas where the unobstructed site distances are greater than 200' in each direction. Proper signage and lighting is crucial to the safety of the citizens using these crossings. 12 ~ Typical Rural Roadway Cross-Section with Trail Pathway At-Grade Crossings for Pathways and Trails Where trails and roads intersect, at-grade crossings are needed. Key crossings will be located on SH26. These conflict points need to be designed to safely move pedestrians across large roadways. Signage, lighting, and striping will be critical in the project designs. There is currently planned to have two below-grade lighted crossings at both Little Bear Creek and Big Bear Creek. Both will be funded by TxDOT. Sign age and Trail Amenities The addition of signage to a trail route greatly enhances the interest and enjoyment of using a trail, not to mention improving trail safety for those using the trail. Trail signage comes in many forms, such as trailhead and junction signs, which are used to identify trail names, directions, destinations, and distances. Adopting a uniform trail signage design within a community helps to quickly recognize the trail system in all parts of the community. Naming a trail route that has unique and interesting characteristics is another opportunity to generate interest in the trail by applying a customized trail marking system that promotes the unique features of a trail. PLEASE STAY ON EXISTING ROADS AND TRAILS There are a number of choices to consider when selecting the materials to be used for a trail signage system. The most typical trail signage system is a routed wood sign, which is usually mounted on a wooden pole. Wooden trail signs appear more natural than metal signs. However, wooden signs require more maintenance than do metal signs. Consideration should be given to provide certain amenities along trail routes or at significant trail junctions. Amenities include benches, restroom facilities and workout stations. The Colleyville trail system contains a large amount of long distance trail segments where the addition of benches would add benefits to the trail user. Trail User Safety and Security Concerns One of the greatest concerns of the citizens is the safety of the trail layouts. Good design principles and thoughtful planning can reduce or eliminate many of these concerns. 13 The frequent use of trails is one of the best deterrents for crime. Little used trails could potentially be a source of concern and need to be patrolled as much as possible. This can be accommodated by volunteer groups of police bicycle patrol units. The proper care and maintenance of the vegetation adjacent to the trails also serve to reduce the potential of hiding places and help maintain long sight lines for users. This will help create a sense of safety. However, it is important to maintain or establish vegetative screening to ensure privacy for nearby residents. Signage and proper lighting are other elements that can increase security along a trail. Posting trail guidelines/rules at trail heads with reminders along the trail lets people know what is expected. For example, trails in an urban environment ultimately intersect and cross the public street system, creating potential safety concerns for trail users caught up in their walking or jogging routines. As the popularity of urban trail systems grows, greater emphasis is being placed on trail signage and safe street crossings. Many communities are installing signal systems, which are designed to warn oncoming vehicles that trail users are near. The design of warning and regulatory signage is very important to the safety of the trail network. The Manual of Uniform of Traffic Control Devices (MUTCD) and the ASHTO green book will serve as good resources when designing a good trail system. One should note that the use of warning signs should be kept to a minimum or they can lose their effectiveness. Liability concerns Liability lawsuits related to the construction of trails is rare. Although serious injuries on trails are unusual, an overriding fear of lawsuits makes liability a concern for entities that build trails. Regardless of how well a trail has been designed, there is always some risk associated with its use. Poor maintenance, management, and failure to recognize hazardous situations are typically the main cause oflawsuits. Other citizen requests or concerns At the public hearing held by the Parks and Recreation Advisory Board on October 3, 2005, comments in support of the plan were presented by one citizen. One comment was presented regarding the erosion of a private trail in the Tara subdivision that is created by high water along Little Bear Creek. Another citizen requested emphasis be placed on constructing a trail along Pleasant Run Road to provide pedestrian access to the Village at Colleyville. 14 FUTURE TRAILS NETWORK Trail Priorities When the fully completed trails system is completed in the future, there will be approximately 48 miles of trails that will ultimately comprise the trail network in Colleyville. In order to provide a mechanism for the orderly development of the trail system, each trail segment was prioritized in the 1998 Colleyville Pathways Plan based on the following criteria: · Linking residential neighborhoods to parks, schools and other key destinations · Appearing to have development potential based on topographic features · Providing potential connections to other pathways · Public support exists for making the corridor more accessible to foot and/or bike travel Using the above stated criteria, trails were categorized as depicted in the Trail Corridor Evaluation Matrix contained in the Appendix portion of this document. Some trail priorities were accelerated if they serve as critical links to schools or to other higher-in- priority trails. Trail System Descriptions Each trail segment is named and numbered corresponding to the map, with the lower numbered projects targeted for earlier implementation. The following trail segment descriptions identify the width of the particular trail segment and its overall approximate length based on measurements obtained from City base maps. The anticipated user groups are indicated together with a brief description, including key destinations such as schools, parks, and access to other trails. Key features and locations with significant development issues are indicated where appropriate. Also noted for each trail segment description is a comment regarding the amount of the trail segment that existed at the time the 2005 Colleyville Pathway Plan update was prepared. The following trail segment descriptions include a brief comment regarding any known major impediment for construction of each particular trail section. 15 1. Little Bear Creek Trail - West - A 1.0-mile long, 12.5- foot wide trail. This trail links the neighborhoods surrounding Sparger Park to the Colleyville Nature Center trails (D) and to the Colleyville Boulevard commercial area. . Existing Trail - no portion of this trail currently exists . Proposed Trail - the proposed trail will extend along the north side of Little Bear Creek from Bedford Road to Mill Wood Drive . Constraints - no right-of-way or trail easement exist, drainage, and creek erosion ., .-\ ) )~ i- '~ / . Proposed Trail - the proposed trail will extend from the Cotton belt Trailway pass underneath SH26 at the Big Bear Creek bridge and connect to the sidewalk at Kimzey Park and the internal path system within the park area . Constraints - the flood prone area will present some design obstacles to prevent erosion or damage to the trail segment, but this greenbelt area situated to the east of Longwood Drive is owned by the City of Colleyville and will be capable of accommodating the route of this proposed trail section 2. Longwood Trail- A OA-mile long, lO-foot wide multi-use trail, which will provide access from the neighborhoods around Kimzey Park (F) to future shopping areas along Colleyville Boulevard and will provide a connection with the Cottonbelt Trail (H). . Existing Trail - no portion of this trail segment currently exists. There is an existing sidewalk along the east side of Longwood Drive. 3. Glenhope Pathway - A 0.2-mile long, lO-foot wide trail. This pathway enhances pedestrian safety for the Glenhope Elementary School students in the neighborhood. . Existing Trail - this trail currently exists as a 5-foot sidewalk on the west side of Pool Road . Proposed Trail - the existing sidewalk would be upgraded to a 10-foot trail section in the future along the west side of Pool Road and extend between Twelve Oaks Lane and Independence Road . Constraints - additional right-of-way will be required and expensive retaining walls 16 4. Taylor Trail- This trail was completed as a sidewalk. 5. Pool Road Trail - A 0.7-mile long, lO-foot wide trail. This trail provides a safe sidewalk environment for students ofO.C. Taylor Elementary School. · Existing Trail - portions of the trail route have been completed and currently exist as a sidewalk · Proposed Trail - this trail will extend along the west side of Pool Road between Hall Johnson Road and Meadowview Drive · Constraints - additional right-of-way may be required where existing platted developments have not taken the trail into account 6. Colts Neck Spur Trail - This trail has been deleted from the Trail Plan and replaced as a recommended sidewalk along Van Oaks Drive between Remington Drive and Bettinger Drive. 7. Schoolyard Path - A 0.7-mile long, 10-foot wide trail from Pleasant Run Road, through the campuses of both the Colleyville Middle School and Elementary School, connecting with Colleyville Boulevard. · Existing Trail - no portion of this trail currently exists · Proposed Trail - the proposed trail will require coordination with GCISD · Constraints - right-of-way along Pleasant Run Road will have to be obtained, drainage issues, GCISD approval needed, pedestrian crossing at railroad will be needed 8. Glade Road Pathway - A 4.7-miles long, lO-foot wide trai I. · Existing Trail - various small segments of this trail currently exist · Proposed Trail - this trail will extend along the north side of the Glade Road right-of-way from the Madison Place Addition at the western city limits to SH 121 at the eastern city limits · Constraints - creek crossings, tree removal, retaining walls, and insufficient right-of-way 17 9. Cheek Sparger West Pathway - A 0.9-mile long, lO-foot wide trail. It also will provide access to Sparger Park via the existing Tara Plantation Trails (J). . Existing Trail - a small segment of the trail exists from Brown Trail to Steeplechase Drive . Proposed Trail - this trail will extend between Colleyville Boulevard and Bedford Road . Constraints - drainage, tree removal and additional right- of- way needed 10. Webb House Crossing - A O.l1-mile long, 10-foot wide trail that provides safer pedestrian crossing of the railroad tracks along this busy roadway. . Existing Trail - no portion of this trail currently exists . Proposed Trail - this trail along the west side of Bransford Road provides a connection with the Cottonbelt Trail . Constraints - costs associated with providing a rail crossing 11. Little Bear Creek Trail - East - A 1.6-miles long, 10- foot wide trail. . Existing Trail - no portion of this trail currently exists . Proposed Trail - this trail will extend from the northeast corner of the existing Tara Plantation to Jackson Road. At Jackson Road, the trail will extend to Cheek Sparger Road to the south and to existing sidewalk system, located to the north at Lakeside Drive. The primary destination of this trail segment is to provide pedestrian access to Sparger Park. . Constraints - no right-of-way exists for this trail, 100 year flood plain will require consideration to prevent erosion of the trail, tree removal and retaining walls needed. 18 12. Church Street Greenwalk - A 0.9-mile long, 12.5-foot wide trail. This trail provides student access to Colleyville Elementary and Middle Schools, and the commercial district along Colleyville Boulevard. · Existing Trail - a portion of this trail currently exists along the south side of Church Street adjacent to Colonial Bank and Lifetime Fitness · Proposed Trail - when completed, the trail will extend from Riverwalk Drive to Colleyville Boulevard, then turn northward along the west side of Colleyville Boulevard and connect with Hardage Lane · Constraints - Permitting through TXDOT along SH26 13. Town Center Greenwalk - A 0.7-mile long, 8-foot wide trail. This trail joins the Glade Road Path and the Church Street Greenwalk (12) and provides pedestrian access to the Colleyville Center and Colleyville Justice Center. · Existing Trail - a major portion of this trail currently exists along the west side of Riverwalk Drive from Glade Road to a point just north of the intersection of Riverwalk Drive and Kingswood Lane · Proposed Trail- the only portion remaining is from Kingswood Lane to Hall Johnson · Constraints - none l4. Pleasant Run Pathway - A 1.2-mile long, lO-foot wide trail, from Big Bear Creek at the north city limit to the Schoolyard Path (7) at Colleyville Middle School. The Cutter Ridge Pathway (16), the Schoolyard Path and the Cottonbelt Trail (H) also connect to this trail segment. · Existing Trail - a portion of this trail currently exists as a sidewalk along the frontage of the Colleyville Soccer Fields · Proposed Trail - this trail will provide connection to the Southlake trail system and provide access between Pleasant Run Park and Soccer Walks, and the Colleyville Elementary and Middle Schools · Constraints - no right-of-way along Pleasant Run Road 19 IS. Walk to City Park - A 1. I-mile long, 12.5-foot wide trail from Colleyville Boulevard, extending westward along the south side of Church Street to Pleasant Run Road. The trail route then turns and extends both to the south and to the north along the east side of Pleasant Run Road. This trail connects with sidewalks in the Village at Colleyville and provides access to Colleyville Elementary School and Middle Schools. Access is also provided to the commercial areas of Colleyville Boulevard and to the Town Center. · Existing Trail - no portion of this trail currently exists · Proposed Trail - the proposed trail route will follow the realignment of Church Street on the west side of Colleyville Boulevard · Constraints - drainage along Pleasant Run Road and insufficient right-of-way 16. Cutter Ridge Pathway - A 0.5-mile long, lO-foot wide trail. This trail will provide access to Pleasant Run Park and the practice soccer fields. · Existing Trail - no portion of this trail section currently exists · Proposed Trail - this trail will extend from Westcoat Drive to Pleasant Run Road · Constraints - right-of-way will need to be obtained,. construction of this trail may occur as the property develops 17. Nature Center North Trail - A 0.9-mile long, 10-foot wide trail between the neighborhoods just south of the Cottonbelt Trailway and the trails of the Colleyville Nature Center (D). This trail provides access to the Nature Center, Bransford Elementary School, Colleyville Middle School and the West Little Bear Trail in Hurst. F /@ I !~Jt ,/ ----------------------- ! -; ---. \ · Existing Trail - no portion of this trail section exists · Proposed Trail - this trail will connect the Nature Center with the Cottonbelt Trail · Constraints - no right-of-way exists, street crossing and drainage issues 20 18. Stafford Trail- A 0.6-mile long, 10-foot wide trail. This trail will provide access between Sparger Park Trail (C) and the Colleyville Boulevard commercial areas. . Existing Trail - no portion of this trail currently exists . Proposed Trail - this trail will extend from from Glade Road to Little Bear Creek . Constraints - no right-of-way exists 19. Cheek Sparger East Pathway - A 1.8-mile long, 10-foot wide trail along the north side of Cheek Sparger Road linking the southeastern segments of the Tara Plantation development, east of Bedford Road, to Heritage Avenue. There is an existing narrow trail situated on the south side of Cheek Sparger Road. . Existing Trail - no portion of this trail exists . Proposed Trail - this trail section will extend from Jackson Road to Heritage Avenue . Constraints - Street crossings, drainage issues, and right of way will be needed at various locations 20. McPherson Loop - A 0.6-mile long, lO-foot wide trail around the east, north and west sides of the City-owned McPherson Dairy. The Dairy Loop also connects with the McDonwell School Road Trail, Old Grove Trail (28) and the Westmont Trail (31). . Existing Trail - no portion of this trail section exists . Proposed Trail - the trail will be constructed within the boundaries of McPherson Park . Constraints - no known constraints 21. Oakbrook Shortcut - A 0.2-mile long, 8-foot wide trail, from Bridge Street that will connect with the Cutter Ridge Pathway (16). . Existing Trail - no portion of this trail currently exists . Proposed Trail - this trail will connect from Bridge Street to the Cutter Ridge Trail . Constraints - no right-of-way exists and drainage issues 21 22. L.D. Lockett House Path - A 0.2-mile long, 8-foot wide trail extending from the Remington Park Trail (23) at L.D. Lockett Road through L.D. Lockett Park to the Cottonbelt Trailway (H). · Existing Trail - no portion of this trail currently exists · Proposed Trail - the trail route will utilize property currently owned by the City of Colleyville · Constraints - the 100 year flood plain will require . special consideration to prevent erosion of the trail 23. Remington Park Trail - A 0.6-mile long, 10-foot wide trail, extending from the inner part of the Remington Park Addition to L.D. Lockett Road and provides access to McPherson Park and the McDonwell School Road Trail via sidewalk connections within the Remington Park Development. · Existing Trail - a small portion of trail exists along the western edge of the Remington Park Addition · Proposed Trail - the trail route will extend along the western edge of Remington Park · Constraints - no right-of-way currently exists 24. Heritage Trail - A 1.2-miles long, I 0- foot wide trail. This trail will help provide a buffer between the residential area to the west and the commercial areas to the east. · Existing Trail - no portion of this trail currently exists · Proposed Trail - the proposed trail route will extend from Glade Road to Cheek Sparger Road and will complement a future greenbelt area associated with Little Bear Creek · Constraints - no right-of-way exists and the proposed route will require a costly creek crossing, drainage issues and retaining walls 22 25. Woodland Hills Extension - A 0.2-mile long, 8-foot wide trail extension. · Existing Trail - no portion of this trail segment currently exists · Proposed Trail - this trail will extend from the north end of the existing Woodland Hills Twin Trails to the Heritage Trail and Heritage Avenue · Constraints - this trail section will require co- ordination with local property owners and the homeowners association to obtain a trail access 26. East Little Bear Creek Extension - A 0.2-mile long, 8- foot wide trail. · Existing Trail - no portion of this trail currently exists · Proposed Trail - this trail segment will extend along the north side of Little Bear Creek from the Pembrook private trails to the Heritage Trail · Constraints - this trail section will require co- ordination with individual property owners and the local homeowners association to obtain a trail access 27. Power Line Loop - This trail has been deleted from the Trail Plan. 28. Old Grove Trail- A 0.5-mile long, lO-foot wide trail. · Existing Trail - no part of this trail currently exists · Proposed Trail - this trail section will be constructed by the developer of the Old Grove Addition and will extend from the northeast corner of the Old Grove Development and connect with the McPherson Loop Trail at Providence Road · Constraints - No known constraints 23 ---""""-'~---'-'~--~'-""""--~,--."-,~,-^,~-,^-.,,.~,-.._,". 29. Beddo Creek Trail - A 0.7-mile long, lO-foot wide trail. This trail will utilize the sidewalk network within the Whittier Heights Development to provide a connection with the Old Grove Trail (28) and the McPherson Loop (20). · Existing Trail - no portion of this trail exists · Proposed Trail - this trail will extend from Precinct Line Road to the common open space located within the Whittier Heights Development · Constraints - flood plain crossing required 30. Precinct Line Trail - A 2.0-miles long, lO-foot wide trail. This trail will provide inter-city access for Colleyville, Keller, North Richland Hills and Hurst residents to the Cottonbelt Trail (H). · Existing Trail - portions of this trail exist along the frontage of the Bear Valley Community Church · Proposed Trail - this trail will extend from the Beddo Creek Trail at the Keller city limits to the Hurst city limits, located to the south · Constraints - TxDOT permitting will be required 31. Westmont Trail - A 0.8-mile long, lO-foot wide trail extending along the north and east sides of the Westmont Addition, thence west along the north side of McDonwell School Road, connecting with the McDonwell Trail (G) and the McPherson Loop Trail (20) at the southwest corner of the Westmont Addition. · Existing Trail - this section of trail is complete · Proposed Trail - no additional improvements proposed . Constraints - none 32. Windview Clubhouse Path - A O.2-mile long, 8-foot wide trail. · Existing Trail - no portion of this trail exists · Proposed Trail - this trail will extend from the Little Bear Creek Trail - East and connect with the Windview subdivision clubhouse · Constraints - this trail section will require coordination with the local homeowners association to obtain an easement for trail access, a creek crossing will be required 24 ~ 51 cl ~! 33. John McCain Trail - A O.3-mile long, lO-foot wide trail from Westcoat Drive to Pleasant Run Road. · Existing Trail - no portion of this trail section currently exists · Proposed Trail - the trail route will be situated on the south side of John McCain Road · Constraints - no right-of-way has been dedicated for this trail section, drainage and a creek crossing will be required as a part of this project 34. Bogart Connection Trail - A 0.4 mile long 10-foot wide trail extending from Pleasant Run Road to State Highway 26. · Existing Trail - no portion of this trail section currently exists · Proposed Trail - the trail route will be situated on the south side of Bogart within the existing greenbelt area · Constraints - none 35. Hardage Cut-through Trail- A 0.4 mile long lO-foot wide trail extending from Ponderosa Street to Cooks Lane. · Existing Trail - no portion of this trail section currently exists · Proposed Trail - the trail route will provide a safe route for children walking to the Colleyville Middle and Elementary School campuses · Constraints - right-of-way will require acquisition or dedication upon platting 36. Castleton Trail - A 0.5 mile long lO-foot wide trail extending from John McCain Road to the Cottonbelt Trail · Existing Trail - no portion of this trail section currently exists · Proposed Trail - the trail route will provide a safe access to the Cotton belt Trail · Constraints - right-of-way across the church property will be required to complete this link 25 37. Big Bear Creek Trail Extension - A 0.5 mile long 10-foot wide trail extending from the Longwood / Ross Downs subdivision to Pool Road along the south side of Big Bear Creek. · Existing Trail - no portion of this trail section currently exists · Proposed Trail - the trail route will provide a valuable trail linkage from Colleyville to the City of Grapevine's trail system. · Constraints - right-of-way along the creek will need to be purchased. Retaining walls, drainage pipes, and erosion protection will also be required. 26 RECOMMENDED SIDEWALK IMPROVEMENTS In General The availability of sidewalks is often taken for granted by those residents living within neighborhoods that have sidewalks. But in those neighborhoods where there are no sidewalks, they can be a high priority issue. Sidewalks often help to meet several neighborhood needs, such as providing for safe routes to neighborhood schools or serving as a connecting link to a nearby recreational trail. Sidewalks can also serve as a valuable play area for children. In Colleyville, most of the newer subdivisions have provided for the installation of sidewalks which were usually constructed adjacent to the street frontage at the time the new home was built on the lot. The Highland Meadows Addition, Monterra Addition and Westmont Addition are three new subdivisions where sidewalks have been installed during the process of new home construction. However, there are numerous areas in Colleyville where sidewalks have not been constructed in the past, thus leaving many neighborhoods with out access to safe pedestrian circulation. Residents determined to walk to a destination typically end up having to walk on the side of the roadway. City-Funded Sidewalks To address the issues of missing sidewalk connections, the Colleyville Sidewalk Committee has worked hard for the past decade, or so, identifying locations where sidewalks are needed. The initial focus has been to build a sidewalk network that serves the neighborhoods near the various schools in Colleyville. The general policy of the Committee has been to complete a sidewalk network within 1,500 feet of each school. To assist in constructing the sidewalk network, the City Council has budgeted funds in past years specifically to address the priority sidewalks recommended by the Colleyville Sidewalk Committee. For a number of years, the City Council has allocated approximately $50,000 annually in the municipal budgeting process for the construction of sidewalks in those areas identified by the Colleyville Sidewalk Committee as having high priority sidewalk needs. The sidewalks constructed with these funds have generally been in those areas which developed prior to the adoption of ordinances requiring sidewalk construction. Sidewalks that provide safe access to neighborhood schools are generally ranked as high priority items by the Sidewalk Committee. 27 Shown in Table 2 are the amounts of funds that have been allocated for sidewalk construction for the past five fiscal years in Colleyville. Table 2 Funds Budgeted/Expended for Sidewalk Construction FYOl - FY05 Fiscal Budget Actual Year Amount Expended FYOl $ 50,000 $ 50,479 FY02 50,000 31,811 FY03 32,000 32,064 FY04 92,000 92,584 FY05 32,000 32,000 Source: City ofColleyville Financial Audits Sidewalk Proposals The 1998 Colleyville Pathways Plan contained numerous recommendations for future sidewalk improvements in Colleyville. Sidewalks, particularly for the purpose of providing pedestrian access to neighborhood schools, have been, and continue to be, high priority items for the Colleyville Sidewalk Committee. The 2005 Colleyville Pathways Plan maintains support and reinforcement of those priority locations for new sidewalks. During the reviews of this draft document by the Colleyville Sidewalk Committee, it was the general consensus of the committee members that in addition to the goal of having sidewalks along all streets within 1,500 feet of all school campuses, sidewalks should also be included in the long range planning along the major roadways serving the community. An important location for sidewalks in Colleyville is along each side of Colleyville Boulevard, which is proposed for reconstruction and widening from a two-lane roadway to a six-lane facility. The project is currently planned to get under construction beginning in 2007. The future sidewalk needs are included on the Trails and Sidewalks Systems Map, contained in Appendix A of this report. Listed in Table 3, are the priority sidewalk needs for 2005-2006, as recommended by the Colleyville Sidewalk Committee. 28 Table 3 Colleyville Sidewalk Committee Final Priority Sidewalk List for 2005 - 2006 Rank Project Description Linear feet Right-of-Way Estimated of 5' walk ((aJ, $4.00/sf) Total --- --- High Priority Projects 1 Glade Road at Behren's Court -platting 478' $9,560 $ 18,164 & construction ($8,604) 2 Glade Road at Stafford. Bluebonnet 200' $4,000 $ 7,600 Intersection Crosswalk ($3,600) 3 Glade Road central - 275' $ 4,950 Duke tract at Riverwalk Drive ($4,950) none 4 Glade Road central - 235' $ 4,230 Hubbard tract east of Riverwalk Dr. ($4,230) none 5 Glade Road from Bedford Road to 850' none In escrow existing sidewalk near Albertsons ($15,300) 6 Tuscany Drive from Hardage to 1000' Colleyville Middle School property, ($18,000) $40,000 $ 58,000 across back of commercial property --- --- Medium Priority Projects Med. Glade Road @ Bluebonnet 380' $15,200 $ 22,040 purchase M. Bone Est. property ($6,840) Med. Colleyville Blvd. at Brown Trail- 190' $ 3,420 crossing @ Mill Valley ($3,420) none Med. Colleyville Blvd. at Centerpark 35' none $ 1,000 crossing at Landmark Bank --- --- Low Priority Projects--- Low Martin Parkway Ramps - 0 none $ 14,000 (14 pairs of ramps) Low Colleyville Blvd. at Main Street - 20' + culvert none $ 1,900 Thompson Terrace - crossing Grand Total: $ 135,304 Source: Colleyville Sidewalk Committee, 2005 Sidewalk Proposals for Safe School Access The Colleyville Sidewalk Committee identified the sidewalk segments described in this section of the report as being necessary for safe school access. Colleyville Elementary /Hardage Connection - A sidewalk or trail from Hardage to Colleyville Elementary School going along the back of the commercial properties. This sidewalk will provide a safe alternative for school children rather than going along Colleyville Boulevard. 29 Colleyville Middle SchoollPonderosa Connection - A sidewalk or trail from the west of Ponderosa Lane along the south side of the undeveloped property to connect with Colleyville Middle School campus via the east side of Waller Lane and the south side of Cooks Lane. This trail will also provide access to the new Elementary School site being contemplated on the west side ofthe Colleyville Middle School/Elementary School campus. Arbor Trail - A sidewalk going through the Arbor Trail subdivision along Arbor Trail and Amador. This will provide a safe environment for student access from the Arbor Trail subdivision to O. C. Taylor Elementary. Jackson Road - A sidewalk on the east side of Jackson Road from Sherwood to existing sidewalk. This will provide a safe environment for student access from Sherwood subdivision to D.C. Taylor Elementary. Jackson Road Bridge - A pedestrian bridge that will cross Little Bear Creek on the east side of Jackson Road. Cheek Sparger Road - A sidewalk from Colleyville Boulevard to McLain. This will provide a safe environment for student access from Saddlebrook subdivision to Covenant Christian Academy. This will connect to the existing trail on the south side of Cheek Sparger in the Bedford city limits. Black Drive - A sidewalk extending along one side of Black Drive from 4700 Mill Wood Drive in the Mill Creek Addition to 4700 Bransford Road. This sidewalk will connect Mill Creek Addition and the Colleyville Nature Center to Bransford Elementary School and City Park. Glade Road - A section of sidewalk or trail is needed from near Glade Creek to Stafford and one block at Behrens. This would complete a sidewalk that will go almost the entire width of the city and provide access to shopping at Riverwalk and the Albertson's center. There is a safety hazard at the Behrens area where pedestrians go into the street. A crosswalk could be considered at Bluebonnet and/or Riverwalk. Bedford Road - A sidewalk from Glade Road to connect with sidewalks in Sparger Park will help pedestrian circulation. The proposed sidewalk would extend from Glade Road on the east side of Bedford Road to Sparger Park. A bridge crossing is needed. The sidewalk would provide access to Bransford Elementary and Sparger Park as well as a connection to shopping areas at Albertson's center and Riverwalk areas. Sparger Park Bridge - A pedestrian bridge across Little Bear Creek along the east side of Bedford Road. 30 Colleyville Boulevard - Sidewalks on both sides of the approximately 4.2 miles along CoIleyville Boulevard extending from the northern city limits at the Grapevine/Southlake border to the southern city limits with Hurst. These sidewalks will make pedestrian traffic possible between the many schools, churches, a cemetery, restaurants, grocery stores and other businesses along Colleyville Boulevard. Connecting these sidewalks to the sidewalks on the major intersecting cross streets will make all of Colleyville Boulevard and the City Hall/Library complex accessible to pedestrians from the adjacent neighborhoods. Montclair Drive - A sidewalk along the east side of Montclair Drive would give connectivity to Hall Johnson and Glade Road. It would also provide school access to O. C. Taylor Elementary School. Thompson Terrace - A sidewalk from Colleyville Boulevard to Glade Road would provide connectivity between the businesses and homes along this road. John McCain Road - A sidewalk connecting the existing sections of sidewalk along the south side of John McCain Road from Colleyville Boulevard to the Monticello Subdivision is needed. L. D. Lockett - A sidewalk on the south side of L. D. Lockett Road from the Cottonbelt Trail to Precinct Line Road would provide connectivity for residents in the area to the Cottonbelt Trail and other proposed trails in the area. Church Street - A sidewalk on the north side of Church Street from Pleasant Run Road to Colleyville Boulevard would provide pedestrian access to the churches and businesses in the vicinity. Westcoat - A sidewalk on the west side of Westcoat from McDonwell School Road to the Cottonbelt Trail would provide connectivity for residents in the area to the Cottonbelt and other proposed trails in the area. Other Roadways Needing Sidewalks - Oak Knoll, Brown Trail, Shelton, White, Tinker, and Bandit 31 TRAIL AND SIDEWALK STANDARDS Trail and Sidewalk Surfaces Where sidewalks have been constructed in Colleyville in the past, they have generally been constructed using concrete materials, although there are a few sidewalks constructed with paving stones. However, until April 2000, there were no minimum construction standards for trail facilities. When the 1998 Colleyville Pathways Plan was adopted, surface design recommendations were based on the anticipated use of the trail. For example, there were provisions for natural surfaced trails for certain pedestrian or equestrian trail routes in the northwest part of Colleyville. However, conditions have changed over the past seven years and consideration for equestrian trails has taken a much low priority than in the past. As a result of these changing conditions, trails designed specifically for equestrian use have been deleted from the 2005 Colleyville Pathways Plan update. At the present time, all trails and sidewalks constructed in Colleyville are required to meet the City's requirements of poured-in- place concrete. The adoption of the ColIeyvilIe Land Development Code in April 2000 established concrete as the minimum for all trails constructed in Colleyville as a part of the trail system or as a requirement of subdivision development. There still exists within the community a small number of private trails constructed of crushed gravel or cinders. However, these are maintained by the homeowners association and not by the City of Colleyville. Concrete trails are preferred by the Colleyville Parks and Recreation Department because they require less maintenance when compared to the maintenance problems of other surface materials. Minimum concrete thickness is five inches of concrete over a two inch sand bed. This amount of thickness is necessary to accommodate park maintenance vehicles and to provide access for emergency vehicles when necessary. 32 Trail and Sidewalk Widths The construction standards for sidewalks and trails are found in the Colleyville Land Development Code. Minimum development standards contained in the Land Development Code require all sidewalks be at least four feet in width, except when the property is adjacent to a collector roadway as depicted on the Master Thoroughfare Plan. In such case, a sidewalk situated adjacent to a major roadway is required to be five feet in width. The extra one foot of sidewalk helps to accommodate the additional pedestrian traffic along busy thoroughfares and provides an extra sense of safety to those using the walkway. Trail widths in Colleyville are quite generous in comparison to those standards of some communities where a four foot asphalt trail may be considered an acceptable width. The minimum trail widths established in Colleyville have been intentionally set with additional pavement width in order to allow multiple use of the trail by pedestrian and bicycle users in combination, a very common situation in Colleyville. Where possible, no trail section should be less than eight feet in width in Colleyville. Furthermore, each section of trail should be situated within a trail easement or right-of-way having sufficient width to provide an earthen section on each side to serve as a buffer. Trails should have a minimum of three to five feet of clear zone shoulder on each side of the trail. For wider trails, the shoulder width should be extended to allow a wider clear zone on each side of the trail. Trail widths and easement widths are shown in the following table. Table 4 - Trail Widths Pavement Width Easement/Right-of- Way Width 8.0 ft. 15.0 ft. 10.0 ft. 20.0 ft. 12.5 ft. 20.0 ft. Dedicated Bicycle Lanes Colleyville's major roadway collector system is primarily an old two-lane county road system with pavement widths of approximately twenty-two feet. This narrow width leaves very little room for use of the roadway for purposes other than automobiles. Striping of bicycle lanes within the existing collector roadway system in Colleyville would not be very practical, and in fact is not recommended at the present time. In the future, when major collector roadways are reconstructed and widened, consideration should be given to stripe dedicated bicycle lanes in those areas where trail access is not available. 33 PLAN IMPLEMENTATION Current Sidewalk and Trail Policies City of Colleyville development policies require construction of sidewalks for all new properties as they develop. Typically, the sidewalks in a subdivision that are in front of a new home or a new business are not generally constructed all at the same time, but are generally installed during the construction phase of the structure on the lot. Premature installation of a sidewalk may expose the sidewalk to potential damage by heavy equipment working on a proposed house or a new commercial structure. Furthermore, the construction of the sidewalk in front of a new home or business is better coordinated at the time the driveway is constructed to prevent having to demolish an existing sidewalk, wasting valuable resources. The requirements for new development to install sidewalks and trail facilities are contained in the Colleyville Land Development Code, which was adopted by the City Council on April 18, 2000. It is the policy in Colleyville that every new development, whether a residential subdivision or a commercial development, is required to construct sidewalks adjacent to the street frontage. If a proposed development is also impacted by a future trail route, the development is required to dedicate sufficient right-of-way or trail easement and construct the applicable section of trail. Each new segment of sidewalk or trail helps to complete the network of trails and sidewalks that will eventually serve all neighborhoods in the community. Subdivision plats submitted for approval are subjected to a thorough review process for compliance with applicable platting standards and development requirements. This process identifies public improvement requirements of the development, including sidewalks and trails. New subdivision plats impacted by a future trail route are required to dedicate either a trail easement or trail right-of-way and construct the applicable section of trail. Occasionally, at the discretion of the City, the developer may escrow funds for the applicable section of trail or sidewalk. The escrow provision allows for larger sections of the trail system to be constructed at one time, rather than having small scattered sections of non-connected trail segments. Retrofitting Existing Developments The placement of a sidewalk in a new subdivision is generally a straight-forward and somewhat routine function of the building permitting process. As a building permit application is reviewed and compared with development requirements, the building plans are stamped to advise the builder that a sidewalk is required. City inspectors periodically check the construction site to make sure the sidewalk is placed in the proper location and final approval is given when all standards are met. However, constructing a sidewalk within an existing subdivision or along a collector roadway where no sidewalks exist is typically deferred until a later date. In these cases, the developer places the estimated costs in escrow with the City for the future construction of the sidewalk. 34 Adjacent to existing streets where there are no curbs, which is the case along most of the collector roadways in Colleyville; it is generally not wise to install a sidewalk, especially where there are open ditches for accommodating drainage from storm-water runoff. The elevation of the adjacent parkway, the location within the right-of-way where the sidewalk will be located, is not generally set at the proper grade and installing a sidewalk at the improper grade could be a wasted investment of public funds, if the sidewalk had to be eventually replaced at some time in the future when the roadway becomes widened and the parkway elevation has changed. Although, the monetary investment at the time would have to be weighed against the public benefit that is derived from the interim use of the sidewalk. Undeveloped Lands A significant obstacle preventing maximum implementation of the trail and sidewalk network is the uncertainty of knowing when the undeveloped lands located in the northwest part of the community will eventually develop and provide the opportunity for the construction of additional trail segments. This uncertainty creates great concern for the ultimate completion of the trail network. Compounding this issue is the scattered nature of those small vacant tracts that prevent connectivity of the trail system. Many of the available large tracts of land in Colleyville have already developed, leaving numerous smaller and more difficult parcels for future development. While the availability of vacant rural tracts continues to diminish in Colleyville, due to the rapid urbanization of Northeast Tarrant County, there is also a growing trend by a few property owners of small acreage tracts to hold on to the rural qualities and character that tract acreage brings in the heart of the DFW Metroplex. It may become necessary in the future for the City of Colleyville to utilize the eminent domain authority to purchase trail easements in order to complete a missing segment of the trail network. Trail development along undeveloped land The staff team that worked on this document is continually working with developers, homeowners associations, park land dedication funding and sidewalk requirements to implement the plan. Operations and Maintenance Maintenance of a trail is critical to its service life. Trash removal, mowing and edging schedules as well as repairs are required to enhance the life of the trail. 35 Estimating Costs Estimated construction cost for a concrete trail is $8 per square foot or $422,000 per mile without any obstacles. The estimated cost for a concrete trail could be as high as $22 per square foot or 1.2 million per mile. This includes bridges, retaining walls, drainage structures and environmental work. Funding Strategies There are a variety of funding opportunities at the federal, state and local levels. Transportation Enhancement Act- A Legacy for Users (TEA-LU) Safe Accountable Flexible Efficient Transportation Enhancement Act (SAFETEA) Statewide Transportation Enhancements Program (STEP) - next call for projects is anticipated for 2005 Congestion Mitigation and Air Quality (CMAQ) - next call for projects is anticipated for 2005 Surface Transportation Program (STP) - next call for projects is anticipated for 2005 Texas Parks and Wildlife Department (TPWD) Foundations and corporate grants General obligation bonds General Fund expenditures Sidewalk fund Parkland Dedication Funds V oluntary Park Fund 36 APPENDICIES A Trails and Sidewalks System Map B Trail Corridor Evaluation Matrix C Bibliography 37 ~ "'-I - ""-4 - .~ 'J:; ~ -.... - ~-'-' - ..... ~ -- "'-I . """"l ~ - ~ - () -;.....I ~ ,.;.... ~l ... ... :;.; 'J: C J,i..... ......-: ~~ :-"- ,.. - C'\, ..... > III __;-- ,l :::: ...5 zA.4 :=2 ~ ~f\('" III _':1:: '"" ":::: ~ :-< -:J5 ~ e c Ii' d~ 'J:; ~ . 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" ..0 c: B o u V) ~ '" P- c " c.:: c; '" <Il '" " i:i: ~ ~ '" ll. ;;., " N E S2 'e E-< ~ " ..0 c: o t:: o U "t:l '" o c.:: o o ll. "t:l '" o c.:: c: "t;j U " :2: c: ..c o ..... "t:l o o ~ OIJ c: o -l 't;j ~ c B ~ '" u 't;j ~ ..:< " " u ~ 5 ~ .~ .~~ Cll~ '-0 M r-- M APPENDIX C. BIBLIOGRAPHY 1. Colleyville Pathways A Citywide System - January, 1999, Bowman-Melton Associates, Inc., in association with: Carter and Burgess 2. The Colleyville Plan-A General Plan for Growth and Development 2004-2025 - September 2004 - City of Colleyville 3. Colleyville Land Development Code - April 18, 2000, City of Colleyville, Texas A- 6 RESOLUTION R-05-2609 A RESOLUTION ADOPTING THE "COLLEYVILLE PATHWAYS PLAN", DATED SEPTEMBER 2005, TO BE USED AS THE GUIDE FOR FUTURE TRAIL AND SIDEWALK PROJECTS IN COLLEYVILLE WHEREAS, the City Council of the City of Colleyville desires to update the 1998 Colleyville Pathways Plan to reflect changing conditions that have occurred in the community; and WHEREAS, the Colleyville Sidewalk Committee has reviewed the document and forwarded a recommendation to the Colleyville Parks and Recreation Advisory Board; and WHEREAS, a public hearing has been held by the Colleyville Parks and Recreation Advisory Board to receive citizen comments: and WHEREAS, the Colleyville Parks and Recreation Advisory Board has forwarded a recommendation to the City Council for adoption of the final draft of the Colleyville Pathways Plan, dated September 2005. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the document entitled "Colleyville Pathways Plan", dated September 2005, is hereby adopted. Sec. 2. THAT the Colleyville Pathways Plan, dated September 2005, shall be used as a guide for future development of public trails and sidewalks in Colleyville. AND IT IS SO RESOLVED. PASSED BY A VOTE OF THIS THE DAY OF AYES, NAYS AND 2005. ABSTENTIONS ON ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor citr or CITY COUNCIL .'" AGENDA BRIEFING lex<\$ MEETING DATE: 10/18/05 CITY MANAGER I ITEM #: 10 DEPARTMENT HEAD I RESOLUTION #: i R-05-2610 FINANCE REVIEW I Previous Action: None DEPARTMENT: FINANCE SUBJECT : Declaring expectations to reimburse for the purchase of land and for the construction of fire station facilities with proceeds of future debt Reading and Public Hearing On February 5, 2005 the voters approved the issuance of General Obligation bonds for fire station facilities. On September 6, 2005, Resolution R-05-2586 was approved which provided for the purchase of land at 5114 Pool Road. In early 2006, the City will be issuing General Obligation bonds to pay for both projects. In order for the City to be reimbursed for the expenditures related to the land acquisition and construction from the proceeds of the bonds when they are issued, the Attorney General of the State of Texas requires the City to approve a reimbursement resolution. The attached Resolution R-05-2610 allows the City to be reimbursed from the General Obligation bonds, when they are sold. Recommendation Approval Attachments . Resolution R-05-2586 . Resolution R-05-2610 " RESOLUTION R-05-2586 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A REAL ESTATE COMMERCIAL CONTRACT FOR THE PURCHASE OF PROPERTY KNOWN AS 5114 POOL ROAD; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE WHEREAS, the City hereby declares a public purpose in acquiring additional real estate for public purposes, including but not limited to, parks and recreation and senior citizen center uses; and WHEREAS, the City has examined and explored the value of the property at 5114 Pool Road (hereinafter the "Property"), and has determined that the fair market value for that tract is $370,000; and WHEREAS, by the adoption of this Resolution, the City Council determines that the proposed purchase price represents the fair market value of the Property; and WHEREAS, the City hereby determines that the passage of this Resolution is in the best interests of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the recitals set forth hereinabove are found to be true and correct and are incorporated herein by reference and adopted by the City. Sec. 2. THAT the City hereby authorizes the Mayor to execute a Commercial Contract for the purchase of the Property for a purchase price not to exceed $370,000, in a form approved by the City Attorney. Sec. 3 THAT it is hereby declared to be the intention of the City, that sections, paragraphs, clauses, and phrases of this Resolution are severable, and if any phrase, clause, sentence or section of this Resolution shall be declared unconstitutional or illegal by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Resolution since the same would have been enacted by the City without the incorporation in this Resolution of any such unconstitutional or illegal phrase, clause, sentence, paragraph or section. Sec. 4 THAT this Resolution shall be in full force and effect from and after the date of its passage. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ..5 AYES ABSTENTIONS ON THIS THE pM DAY OF o I~~~~ Cynthia Singleton City Secretary, TRMC OF COLLEYVILLE !b~-tWJ-kl David Kelly J Mayor RESOLUTION R-05-2610 A RESOLUTION DECLARING EXPECTATION TO REIMBURSE EXPENDITURES FOR THE PURCHASE OF LAND AND FOR THE CONSTRUCTION OF FIRE STATION FACILITIES WITH PROCEEDS OF FUTURE DEBT WHEREAS, the City of Colleyville, Texas (the "Issuer") intends to issue debt for the purpose of constructing fire station facilities including land acquisition and construction expenditures and further intends to make certain capital expenditures for the project and currently desires and expects to reimburse such capital expenditures with proceeds of such debt; and WHEREAS, under Treas. Reg. S 1.150-2 (the "Regulation"), to fund such reimbursement with proceeds of tax-exempt obligations the Issuer must declare its expectation to make such reimbursement; and WHEREAS, the Issuer desires to preserve its ability to reimburse the expenditures with proceeds of tax-exempt obligations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Issuer reasonably expects to reimburse capital expenditures with respect to land acquisition and construction expenditures for fire station facilities with proceeds of authorized General Obligation debt hereafter to be issued by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. AND IT IS SO RESOLVED. PASSED BY A VOTE OF THIS THE DAY OF AYES, NAYS AND 2005. ABSTENTIONS ON ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor CITY COUNCIL (Q~", I(,X::l,$ AGENDA BRIEFING MEETING DATE: ITEM#: RESOLUTION # : 10/18/05 11 R-05-2611 CITY MANAGER [ DEPARTMENT HEAD i FINANCE REVIEW I Previous Action: None DEPARTMENT: FIRE SUBJECT : Approval of Addendum to the Agreement with Wiginton, Hooker, Jeffry Architects Inc., for additional services for fire station facilities design, in an amount not to exceed $72,190, and declaring expectations to reimburse additional service expenditures with proceeds of future debt Reading and Public Hearing The City Council approved Resolution R-05-2555 on June 6, 2005, for architectural design services for fire station facilities. However, the amount approved was for services and site-work for one facility. The inability to secure an initial site for the construction at the initial fire station created an opportunity to evaluate other site options. The Addendum provides for additional services related to concurrent design and construction of two facilities, rather than one. In conjunction with evaluating new sites, the Fire Department reviewed its needs for station locations. The Fire Department's long-range plan for strategic placement of fire facilities calls for a third fire station to increase the level of service regarding response times to the south end of the City. Citizens in the Woodbriar Subdivision and surrounding neighborhoods currently experience higher than average response times. Growth in commercial development along Colleyville Boulevard will increase traffic, which will negatively impact the current level of service. The current location on Hall-Johnson Road does not meet criteria of the long-range strategic plan or operational needs, which made relocation of that facility a necessity. This necessity provided the opportunity for the adoption of the current strategic long- range plan. The City can provide an additional fire station for final build-out of our fire station needs for the City of Colleyville with current funds from the bond proceeds. On February 5, 2005, the voters approved the issuance of General Obligation bonds for new fire station facilities. Council approved a reimbursement resolution on June 6, 2005, for architectural design services. This reimbursement is for the additional services necessary for design of a second fire station and site-related cost increases. In early 2006, the City will be issuing General Obligation bonds to fund the project. Agenda Briefing Resolution R-05-2611 Page 2 of 2 In order for the City to be reimbursed for the additional expenditures related to the architectural design services from the proceeds of the bonds when issued, the Attorney General of the State of Texas requires the City under Treas. Reg. 9 1.150-2 to declare its expectation to make the reimbursement. Financial Impact Under Treas. Reg. 9 1.150-2, the City of Colleyville is declaring its expectation to make the reimbursement of additional expenditures related to the architectural design services from the proceeds of the authorized General Obligation bonds when they are issued. Also, this action constitutes a declaration of official intent under the Regulation. Recommendation Approval Attachments · Addendum to Architectural Agreement with Wiginton, Hooker, Jeffry, Inc. · Memo: Long-range Plan - Strategic Locations for Fire Stations . Resolution R-05-2611 AJ.VlMENDMENT ONE October 10~ 2005 Owner / Architect Agreement for the Colleyville Fire Department Projects This is Amendment One to the Owner / Architect Agreement (AlA Document 141-1997) for the Colleyville Fire Department Projects. The City of ColleyvilIe (the "Owner") and Wiginton Hooker Jeffry, P.C. (the "Architect") agree to revise the following sections to read as follows: U.1.2.1 The objective or use is: (Identify or describe, if appropriate. proposed use or goal.) New Central Fire Station and a new Fire Sub-station. ~ 1.1.2.2 The physical parameters are: (Identify or describe, if appropriate, size, location. dimensions, or other pertinent infomzation, such as geotechnical reports about the site.) New Central Fire Station and a new Fire Sub-station. U.1.2.6 The time parameters are: (Identify, if appropriate, milestone dates, durations or fast track scheduling.) The original time schedule (Exhibit "A") shall be adjusted as is mutually agreeable by both the City and Architect to reflect a new start and end date. The Architect shall attempt (but does not guarantee) to maintain the previous time- frames shown. The City shall recognize that the scope of work has been increased and therefore it may not be possible to maintain the previous time-frames. Time limits established by this new schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. ~1.5.1 For the Architect's services as described under Article 1.4, compensation shall be computed as follows: Total Estimated Fee for Basic Services, Optional Services and Reimbursable expenses shall be four-hundred-thirty- seven thousand two-hundred thirty-five dollars ($437,235). For Basic Services, as described in Articles 2.4, 2.5 & 2.6 of Part 2 of the B141-1997, the stipulated fee shall be three-hundred-thirteen thousand five-hundred dollars ($313,500), which is based on nine and one-half percent (9.5%) of the budgeted Cost of the Work of $3,300,000. Should the budgeted Cost of the Work or the fmal Cost of the Work vary from this, the fee will be adjusted accordingly. Where compensation is based on a stipulated sum or percentage of the budgeted Cost of the Work, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: Schematic Design Phase Design Development Phase Construction Documents Phase Bidding or Negotiation Phase Construction Phase Total Basic Compensation Fifteen percent Twenty percent Forty percent Five percent Twenty One hundred percent (15%) (20%) (40%) (5%) (20%) (100 %) Page 1 of3 AMlVIENDl\1ENT ONE October 10. 2005 Owner / Architect Agreement for the Colleyville Fire Department Projects In addition, the following Optional Services, as described in Article 2.8.3 of Part 2 of the BI41-1997, shall be provided for a lump sum of one-hundred-three thousand seven-hundred-thirty-five dollars ($103,735). Billings will be based on a percentage of completion of each task as appropriate. Service Breakdown Per Total Fee Station A) Civil Engineering / Design Central Station $12,800 Sub-Station $14,755 $27,555 B) Platting (preliminary & Final) Central Station $5,100 Sub-Station $5,100 $10,200 C) Topographic / Boundary Survey Central Station $6,100 Sub-Station $6,100 $12,200 D) Geo- Technical Investigation Central Station $4,800 Sub-Station $2,535 $7,335 E) Landscape Architecture Central Station $6,800 Sub-Station $6,800 $13,600 F) Cost Estimating Central Station $8,945 Sub-Station $3,900 $12,845 G) Programming Lump Sum $12,000 H) Construction Management Evaluation Lump Sum $8,000 Total Optional Services $103,735 ~2.8.3 The Architect shall furnish or provide the following services only if specifically designated: Description of Services. (Insert descriptions of the services designated.) .1-Architect shall work with owner to develop a program for a lump sum cost of $ 12,000. .2 - Architect shall provide Topographic/Boundary Survey Services, divided as shown in Section 1.5.1, for a combined lump sum cost of $12,200. .3 - Architect shall provide Geotechnical Investigation Services, divided as shown in Section 1.5.1, for a combined lump sum cost of $7,335. .4 - Architect shall provide as part of Programming Scope. .11- Architect shall provide Standard Civil Engineering Services, divided as shown in Section 1.5.1, for a combined lump sum cost of $27,555. .12 - Architect shall provide Landscape Architectural Services, divided as shown in Section 1.5.1, for a combined lump sum cost of $13,600. .13 - Architect will provide Basic Interior Design Services, fee included in basic services fee. .16 - Architect shall provide Cost Estimating Services (three estimates per station), divided as shown in Section 1.5.1, for a combined lump sum cost of$12,845. Reconciliation meetings between the Cost Estimator and the Owner and/or Construction Manager shall be billed at an hourly rate of $104 per hour. .23 - Architect shall assist the Owner in the evaluation and selection of a Construction Management Firm, including review of RFQ's and participation in the interview process, for a lump sum cost of $8,000. .24 - Architect shall provide site platting services, divided as shown in Section 1.5.1, for a combined lump sum cost of $10,200. Page 2 of 3 AMMENDMENT ONE October 10~ 2005 Owner I Architect Agreement for the Colleyville Fire Department Projects By its execution, modifications shown here in Amendment One are incorporated in to the Standard Form of Agreement Between the Owner and Architect, AIA Document B141-1997, that was entered into by the parties dated May 10, 2005. OWNER ~CT s,~~ (Signature) (Printed name and title) Anthonv Jeffry. Senior Vice President (Printed name and title) Page 3 of3 cc~n~ Texas FIRE DEPARTMENT MEMORANDUM TO: FROM: Bill Lindley, City Manager~, Mike Johnston, Fire Chief Vv June 1, 2005 DATE: SUBJECT: Long-range Plan - Strategic Locations for Fire Stations BACKGROUND Addressing the long-range plan for fire station placement has been needed for some time. Previous discussions have always assumed that the number of fire stations needed in Colleyville is two, excluding the Joint Fire Station (JFS) in the Bedford Response Area of Colleyville (BRAC). However, current configuration of the JFS and our Fire Station #1 is inadequate for long-range, efficient coverage for all citizens. With the JFS, we are actually utilizing three (3) fire stations to cover our City. As Council members reviewed response-time maps provided at a previous executive session, the inefficiency was obvious. At that time, Council surmised that the City of Colleyville should plan for three (3) fire station sites. The existence of the Joint Fire Station serves as a "third" fire station covering a portion of Colleyville. However, it remains very limited in its use as a third fire station. Any long-range planning should include the consideration that the agreement with Bedford may be terminal. Only ten (10) years remain on the contract with Bedford and this administration believes that extension of the current agreement past its expiration date may be unlikely due to limitations surrounding the Joint Fire Station. This document is a long-range view that three fire stations will be strategically located to increase service levels to our citizens by adequately covering all parts of the City. METHOD With GIS software, we are able to create response-time scenarios for the entire City that provides potential locations for the most efficient placement of fire station facilities. GIS mapping is similar technology utilized by consulting firms specializing in strategic fire station placement. Potential fire station locations are shown on the maps (attached). The locations shown are strategic to best-coverage scenarios. Some overlapping of coverage can be seen between fire station location response zones. This is normal and necessary for efficiency regarding response times, and move-ups. CLARIFICATION Establishing three fire station locations presents a different scenario than previous planning and alters the likely outcome for the current fire station - at least for the near future. The original plan regarding building a new fire station adjacent to the Long-range Planning of Fire Stations June 1 , 2005 Page 2 current site meant that the old fire station would be replaced. The limitations encountered while attempting to purchase the adjacent site has enabled us to look at more efficient scenarios, namely, addressing the long response times to the south end of town, while planning for future enhancement of response times to the east. This turns out to be a positive, rather than a setback. PLACEMENT OF A NEW CENTRAL FIRE STATION ON COLLEYVILLE BLVD. As we have stated over the last few years, coverage of the southern-most portion of Colleyville (Woodbriar subdivision) becomes an issue in developing a long-range plan for fire station placement. Two aspects necessitate a fire station toward the south end of the City. . We already experience six-minute response times to the area. As we compartmentalize by adding signal lights and more retail businesses along Colleyville Boulevard, these response times will increase. Re-construction of this main corridor will also affect response times to this area for the re-construction period. . Revealed by an in-depth analysis of their service delivery to this area, Bedford cannot cover this area from the JFS. Considering these facts, a fire station should be planned for enhanced coverage of the subject area. Placement on Colleyville Boulevard in the 5200 block should be considered and is so designated on the map. The City currently owns the property suggested, so land purchase for this station would not be necessary. CURRENT FIRE STATION (1900 HALL-JOHNSON) Alternative #1- Maintain Current Location With the addition of a fire station further south on Colleyville Boulevard, we would need to maintain the current fire station at 1900 Hall-Johnson, or relocate it further east. A smaller staffing contingency at that location will not completely solve the aging problems of the current building, but it would relieve some of the stress of daily use. Maintaining use of the current building for fire responses will be temporary. Replacement of this facility could occur later at some point before the expiration of the agreement with Bedford - within the next five to ten years. This will maintain the current acceptable level of service to the east for the next five to ten years, while providing a planning strategy for BRAC coverage when the agreement expires. Alternative #2 - Relocate Current Fire Station to the East With the addition of a fire station in the 5200 block of Colleyville Boulevard, we could utilize recent bond proceeds for replacement of the current fire station at 1900 Hall- Johnson to a location along Pool Road near a.c. Taylor Elementary School. ,--' -~~.,~--->-_.,-~.._,..~.,."~.^.",,,".....__."_._~,,,..~~..."._.._.__._-~".,--.- ._~"".,,-~_.~~ Long-range Planning of Fire Stations June 1, 2005 Page 3 OPERATING COSTS The operating cost for a three-station scenario will be the same as if we were only building the new fire station as originally planned. The new fire station as originally planned included the addition of a ladder company of personnel and a Shift Commander position. This would mean that we would have three firefighting companies on duty at all times and two of them would be located at one location. Rather than having three firefighting crews stationed at two locations, they would be distributed equally between three fire stations. .____.~%'M.;.~~_._._"__~.,,_."._~",V_..,~"~~,_..,,__"._~~., -_...>-~-,.,_..._-~...~,,"--,--- ---..-.--'-.------~ o .~ u v ~ ~ v ~ ~ o U ~ o (J) Q) E ~ C\? O~ 0 ~cro~ "C 0 C I- "- 0 o 10 "_ () 2Ci5~o :J~~"O "C:.P 0 C ~"""n:ro "Y o s::: o . (/) "O~ (]) E (/).- CI:l:;; .a(]) (/) (]) (])e.. E (/) :;:::;-0 (]) (]) >- .C ~ Oe.. ~ .95~~~ 5~-g~M';; i55~~@~~ .~~ ~~i 55 ~~~~i~; ~~~~~~i ffi ~!~!E1~s 3 ~~H~f~~ ~ ~ ~~ 5 ; ~ N "ji is ~(3lij ~~€ Clb z+ 'e :::; ~ C3 2 '" <: .Q ~ 0 .... '[ :Q !5 :< -0 s::: ... (]) 0) (]) ...J '" t: .. 0.. ..... '" (; o .<:: " CI) 4 .2 c: '<::0 Q... UJ ~ ~ E ~~~ Q).E ~ (!JEw RESOLUTION R-05-2611 APPROVAL OF ADDENDUM TO THE AGREEMENT WITH WIGINTON, HOOKER, JEFFRY, INC., FOR ADDITIONAL SERVICES FOR FIRE STATION FACILITIES DESIGN, IN AN AMOUNT NOT TO EXCEED $72,190, AND DECLARING EXPECTATIONS TO REIMBURSE ADDITIONAL SERVICE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT WHEREAS, the City Council approved Resolution R-05-2555 on June 6, 2005, for architectural design services for a fire station; and WHEREAS, the Fire Department's current long-range strategic plan for placement of fire facilities includes a total of three (3) fire stations; and WHEREAS, an additional fire station is needed for relocation of the current facility; and WHEREAS, two fire stations can be constructed with the currently available bond funds; and WHEREAS, the City Council declares expectations to reimburse construction management expenditures with proceeds of future debt. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City Council approves an Addendum to the Agreement with Wiginton, Hooker, Jeffry, Inc., for additional services for fire station facilities design, and declares expectations to reimburse construction management expenditures with proceeds of future debt. AND IT IS SO RESOLVED. PASSED BY A VOTE OF _AYES, _NAYS AND _ABSTENTIONS ON THIS THE DAY OF 2005. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor CITY COUNCIL CC~~'" 'i("x~$ AGENDA BRIEFING FINANCE REVIEW I MEETING DATE: ITEM#: RESOLUTION # : 10/18/05 12 R-05-2612 CITY MANAGER I DEPARTMENT HEAD ! ! Previous Action: None DEPARTMENT: FIRE SUBJECT: Approval to enter into an Agreement with Gilbane Building Company for the construction management of fire station facilities, in an amount not to exceed $402,783, and declaring expectations to reimburse construction management expenditures with proceeds of future debt Reading and Public Hearing In the past, the City has used the traditional method for project delivery for capital construction projects, Le., design-bid-build. The City would engage an architect firm to perform design services, including specifications for the project design, to subsequently be bid and awarded to the lowest, responsible bidder (General Contractor). Unfortunately, when utilizing this approach, many variables exist to add complications, inefficiencies and risk ultimately affecting project delivery and increasing the probability that the project may not be delivered as expected such as originally designed, budgeted or on time. It is staff's recommendation to utilize a Construction Manager (CM) at Risk method in order to manage the construction and build-out of this project. As opposed to the traditional design-bid-build approach, the Construction Manager at Risk method will provide more efficiency, scrutiny and thoroughness in the project delivery. For example, during the biding process, using the traditional project delivery method, the General Contractor (GC) is not obligated to reveal the identity of their sub-contractors or their individual bid price for the project. Under the Construction Manager at Risk delivery approach, the CM separately bids the project with the individual sub-contractors. In other words, the owner (City of Colleyville) will not only know who the sub-contractors are, including their qualifications, but can also review the bid prices submitted for the project. This is an important element in project delivery. For comparison, the GCISD is proceeding with the same construction management approach with facility construction of projects recently approved in their bond election. The selection process for a Construction Manager at Risk was similar to the process for the architectural firm selection. The City requested RFQ's from firms and placed information on the City's website in order to draw a number of companies to the Agenda Briefing Resolution R-05-2612 Page 2 of 2 process. All three (3) construction management companies that submitted RFQ's were reputable firms. The firms that submitted RFQ's were SEDALCO; Harrison, Walker, and Harper; and Gilbane Building Company. Each firm was interviewed by a panel made up of City staff. Gilbane Building Company was chosen by the panel to be forwarded to the City Council for approval. On February 5, 2005, the voters approved the issuance of General Obligation bonds for new fire station facilities. In early 2006, the City will be issuing General Obligation bonds to fund the project. In order for the City to be reimbursed for the expenditures related to the construction manager from the proceeds of the bonds when issued, the Attorney General of the State of Texas requires the City under Treas. Reg. S 1.150-2 to declare its expectation to make the reimbursement. Financial Impact Under Treas. Reg. S 1.150-2, the City of Colleyville is declaring its expectation to make the reimbursement of expenditures, related to the construction manager, from the proceeds of the authorized General Obligation bonds when they are issued. Also, this action constitutes a declaration of official intent under the Regulation. Recommendation Approval Attachments · Agreement with Gilbane Building Company for Construction Management Services · Agreement with Gilbane Building Company on General Conditions for Construction . Resolution R-05-2612 '" AlA Document Document 565 A121™CMc and AGC Standard Fo~ of Agreement Between Owner and Manager where the Construction Manager is Also the AGREEMENT made as of the day of_ in the year of2005 (In words, indicate day, month and year) BETWEEN the Owner: (Name and address) and the Construction Manager: (Name and address) The Project is: (Name, address and brief description) The Architect is: (Name and address) The Owner and Construction Manager agree as set forth below: 2003 nstruction This documen impo legal consequences. Consultation with an f,a{::fneY."i'&~C~~ti n' or odific ioV A""" ,Th 1997 Ed ti~t' of AlA@ 100 ument A2: 1 TN { General Il~:~~~~~::U!~iO:~ ~:ntract t'efen:ed to'=herei'Tr:-'Th' Agreement requires mOd~f-oth ge ~:~ ra1 . '~re i7-ed. ELECTRONIC COPYING of any portion of this AlA" Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AlA Document A121-CKc _ 2003 and AGe Document 565. Copyright e 1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNINGs This document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this document, or any portion of it, may result in severe civil and criminal 1 penalties, and will be prosecuted to the maxillLum extent possible under the law. This draft was produced by AlA software at 13:15:08 on 10/29/2004 under Order No.10001401l6_1 which expires on 10/6/2005, and is not for resale. User Notes. (2744664013) TABLE OF CONTENTS ARTICLE 1 GENERAL PROVISIONS ~ 1.1 Relationship of the Parties ~ 1.2 General Conditions ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES ~ 2.1 Preconstruction Phase ~ 2.2 Guaranteed Maximum Price Proposal and Contract Time ~ 2.3 Construction Phase ~ 2.4 Professional Services ~ 2.5 Hazardous Materials ARTICLE 3 OWNER'S RESPONSIBILITIES ~ 3.1 Information and Services ~ 3.2 Owner's Designated Representative ~ 3.3 Architect ~ 3.4 Legal Requirements ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES ~ 4.1 Compensation ~ 4.2 Payments ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES ~ 5.1 Compensation ~ 5.2 Guaranteed Maximum Price ~ 5.3 Changes in the Work ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE ~ 6.1 Costs to Be Reimbursed ~ 6.2 Costs Not to Be Reimbursed ~ 6.3 Discounts, Rebates and Refunds ~ 6.4 Accounting Records ARTICLE 7 CONSTRUCTION PHASE ~ 7.1 Progress Payments ~ 7.2 Final Payment ARTICLE 8 INSURANCE AND BONDS ~ 8.1 Insurance Required of the Construction Manager ~ 8.2 Insurance Required of the Owner ~ 8.3 Performance Bond and Payment Bond ARTICLE 9 MISCELLANEOUS PROVISIONS ~ 9.1 Dispute Resolution ~ 9.2 Other Provisions ARTICLE 10 TERMINATION OR SUSPENSION ~ 10.1 Termination Prior to Establishing Guaranteed Maximum Price ~ 10.2 Termination Subsequent to Establishing Guaranteed Maximum Price ~ 10.3 Suspension ARTICLE 11 OTHER CONDITIONS AND SERVICES AIA Document A12111ilCXc - 2003 and AGe Document 565. Copyright ~ 1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING, This document is protected by u.s. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this document. or any portion of it. may result in severe civil and criminal 2 penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 13:15:08 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User Notes. (2744664013) ARTICLE 1 GENERAL PROVISIONS ~ 1.1 RELATIONSHIP OF PARTIES The Construction Manager accepts the relationship of trust and confidence established with the Owner by this Agreement, and covenants with the Owner to furnish the Construction Manager's reasonable skill and judgment and to cooperate with the Architect in furthering the interests of the Owner. The Construction Manager shall furnish construction administration and management services and use the Construction Manager's best efforts to perform the Project in an expeditious and economical manner consistent with the interests of the owneR Owner shall endeavor to promote harmony and cooperation among the Owner, Architect, Construction"." a.." ger and other persons or entities employed by the Owner for the Project. I ~ 1.2 GENERAL CONDITIONS For the Construction Phase, the General Conditions of the contract shall be the AIA@ Doc met-PC General Conditions of the Contract for Construction, which is incorporated herein by refer nce For the Preconstruction Phase, or in the event that the Preconstruction and Construction Phases pr concurrently, A20 1 T~ 1997 shall apply to the Preconstruction Phase only as specifically provided in this ement. The term "Contractor" as used in A201ThL1997 shall mean the Construction Manager. ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES The Construction Manager shall perform the services described in this Article. The service Sections 2.1 and 2.2 constitute the Preconstruction Phase services. If the Owner and Cons after consultation with the Architect, the Construction Phase may commence before the Pr completed, in which case both phases will proceed concurrently. ~ 2.1 PRECONSTRUCTION PHASE ~ 2.1.1 PRELIMINARY EVALUATION The Construction Manager shall provide a preliminary evaluation of the Owner's program and Project budget requirements, each in terms of the other. ~ 2.1.2 CONSULTATION The Construction Manager with the Architect shall jointly schedule and attend regular mee . The Construction Manager shall consult with the Owner and Architect regarding site use a~d selection of materials, building systems and equipment. The Construction Manager shall prO\ricl eco on construction feasibility; actions designed to minimize adverse effects of labor or material shortag , . e requirements for procurement, installation and construction completion; and factors related to construction c including estimates of alternative designs or materials, preliminary budgets and possible economies. ~ 2.1.3 PRELIMINARY PROJECT SCHEDULE When Project requirements described in Section 3.1.1 have been sufficiently identified, the nstruction nager shall prepare, and periodically update, a preliminary Project schedule for the Architect's rev ew hd the wn r', "_,, approval. The Construction Manager shall obtain the Architect's approval of the portion of e relimina P f>je>t/ schedule relating to the performance of the Architect's services. The Construction Manager sh 1 coordin e aqK integrate the preliminary Project schedule with the services and activities of the Owner, Ar hit ct and Co s tion Manager. As design proceeds, the preliminary Project schedule shall be updated to indicat pr osed acti ity sequences and durations, milestone dates for receipt and approval of pertinent information, su . Guaranteed Maximum Price proposal, preparation and processing of shop drawings and sa les, delivery of materials or equipment requiring long-lead-time procurement, Owner's occupancy require ~~ the Project having occupancy priority, and proposed date of Substantial Completion. If preliminary Project schedule updates indicate that previously approved schedules may not be met, the Construction Manager sha appropriate recommendations to the Owner and Architect. ~ 2.1.4 PHASED CONSTRUCTION The Construction Manager shall make recommendations to the Owner and Architect regar of Drawings and Specifications to facilitate phased construction of the Work, if such phase appropriate for the Project, taking into consideration such factors as economies, time ofpe 0 labor and materials, and provisions for temporary facilities. he phased issuance struction is nce, availability of A.IA Document A121'llllCNc - 2003 and AGe Docum.ent 565. Copyright Cl 1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNINGs This document is protected by u.s. Copyright Law and International Treaties. unauthorized reprOduction or distribution of this document, or any portion of itl may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 13:15:08 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User Hotes_ (2744664013) 3 ~ 2.1.5 PRELIMINARY COST ESTIMATES ~ 2.1.5.1 When the Owner has sufficiently identified the Project requirements and the Architect has prepared other basic design criteria, the Construction Manager shall prepare, for the review of the Architect and approval of the Owner, a preliminary cost estimate utilizing area, volume or similar conceptual estimating techniques. ~ 2.1.5.2 When Schematic Design Documents have been prepared by the Architect and approved by the Owner, the Construction Manager shall prepare, for the review of the Architect and approval of the 0 a more detailed estimate with supporting data. During the preparation of the Design Development Docume he Construction Manager shall update and refine this estimate at appropriate intervals agreed to by the 0 chitect and Construction Manager. ~ 2.1.5.3 When Design Development Documents have been prepared by the Architect and a pr. ved'by'the"6wne , the Construction Manager shall prepare a detailed estimate with supporting data for review by e Architect and approval by the Owner. During the preparation of the Construction Documents, the Cons cti Manager shall update and refine this estimate at appropriate intervals agreed to by the Owner, Architect a nstruction Manager. ~ 2.1.5.4 If any estimate submitted to the Owner exceeds previously approved estimates or tfi""ej- wn,,', bud o~ tire Construction Manager shall make appropriate recommendations to the Owner and Architel .. ~ 2.1.6 SUBCONTRACTORS AND SUPPLIERS ~I The Construction Manager shall seek to develop subcontractor interest in the Project and sUall furnish to e:: wner and Architect for their information a list of possible subcontractors, including suppliers whf ar' to furnis ~erials or equipment fabricated to a special design, from whom proposals will be requested for eat pnnClpa portion ortlie~~"! Work. The Architect will promptly reply in writing to the Construction Manager if the Arc 'teet or O"(Jler law", Of_,.__"".~ any objection to such subcontractor or supplier. The receipt of such list shall not require the Owner or Architect to investigate the qualifications of proposed subcontractors or suppliers, nor shall it waive the right of the Owner or Architect later to object to or reject any proposed subcontractor or supplier. ~ 2.1.7 lONG-lEAD-TIME ITEMS The Construction Manager shall recommend to the Owner and Architect a schedule for pro erne time items which will constitute part of the Work as required to meet the Project schedule. f s ~lead-ti e items are procured by the Owner, they shall be procured on terms and conditions acceptable fb'.~Consltuc . Manager. Upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum price'p't6 sal, all contracts for such items shall be assigned by the Owner to the Construction Manager, who shall accept responsibility for such items as if procured by the Construction Manager. The Construction Manager shall expedite the delivery oflong-Iead-time items. ~ 2.1.8 EXTENT OF RESPONSIBILITY ('~ The Construction Manager does not warrant or guarantee estimates and schedules except a Imat'6~peJ\~ of the Guaranteed Maximum Price. The recommendations and advice of the Construction an ger conce .dg design alternatives shall be subject to the review and approval of the Owner and the Owners p fessional consultants. It is not the Construction Manager's responsibility to ascertain that the Drawin s d Specifi in accordance with applicable laws, statutes, ordinances, building codes, rules and regulati s. owever, Construction Manager recognizes that portions of the Drawings and Specifications are at v i Construction Manager shall promptly notify the Architect and Owner in writing. ~ 2.1.9 EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION The Construction Manager shall comply with applicable laws, regulations and special requirement~~,. Documents regarding equal employment opportunity and affirmative action programs.l'/'" '-'"...., ~ 2.2 GUARANTEED MAXIMUM PRICE PROPOSAL AND CONTRACT TIME ( .\ ~ 2.2.1 When the Drawings and Specifications are sufficiently complete, the Construction ~an er shall propose a Guaranteed Maximum Price, which shall be the sum of the estimated Cost of the Work an1.tbO omtrnctiou Manager's Fee. ~ 2.2.2 As the Drawings and Specifications may not be fmished at the time the Guaranteed lJaximum Price proposal is prepared, the Construction Manager shall provide in the Guaranteed Maximum Price for ~vei6pment"'o the Drawings and Specifications by the Architect that is consistent with the Contract Documents and reasonably AlA Document A1211llCXc - 2003 and AGe Document 565. Copyright e 1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING a This document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this document~ or any portion of it. may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 13 :15:08 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User Note.1 (2744664013) 4 inferable therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order. ~ 2.2.3 The estimated Cost of the Work shall include the Construction Manager's contingency, a sum established by the Construction Manager for the Construction Manager's exclusive use to cover costs arising under Section 2.2.2 and other costs which are properly reimbursable as Cost of the Work but not the basis for a Change Order. Savings shall accrue and be available for use in the same manner as the Construction Mana er's co nc . ~ 2.2.4 BASIS OF GUARANTEED MAXIMUM PRICE ii The Construction Manager shall include with the Guaranteed Maximum Price proposal a 1! itten statement of its basis, which shall include: .1 A list of the Drawings and Specifications, including all addenda thereto and onditions of the Contract, which were used in preparation of the Guaranteed Maximum Pric osal. .2 A list of allowances and a statement of their basis. .3 A list of the clarifications and assumptions made by the Construction Manager III the preparation of the Guaranteed Maximum Price proposal to supplement the information con~d in the Drawings and Specifications. I ~ .4 The proposed Guaranteed Maximum Price, including a statement of the estitt" cost or d by trade categories, allowances, contingency, and other items and the Fee that " m,rise the r nteed Maximum Price. .5 The Date of Substantial Completion upon which the proposed Guaranteed . axilllum Pric is ased, and a schedule of the Construction Documents issuance dates upon which t date'o'f'SiiDstantIa Completion is based. ~ 2.2.5 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Price proposal and the written statement of its basis. In the event that the Owner or Architect discover any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Constructio anager, who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis, ~ 2.2.6 Unless the Owner accepts the Guaranteed Maximum Price proposal in writing on or be in the proposal for such acceptance and so notifies the Construction Manager, the Guarantee proposal shall not be effective without written acceptance by the Construction Manager. ~ 2.2.7 Prior to the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal and issuance ofa Notice to Proceed, the Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work, except as the Owner may specifically authorize in writing. ~..."" I \.. } "'-'''.. \ ~ ~ 2.2.8 Upon acceptance by the Owner of the Guaranteed Maximum Price proposal, the Guaran~, eM MiXer.." Ulp" rice and its basi> ,,},all be so, forth in Ameodmen, No.1. The Guaranteed Maximum Price sball e r~~c~to. dill'on and deductions by a change in the Work as provided in the Contract Documents and delays be . ond the Cns tion Manager's control pursuant to Subparagraph 8.3.1 of the General Conditions. ~ 2.2.9 The Owner shall authorize and cause the Architect to revise the Drawings and Speci IC' Jhclextent"....__.. neces~ary to reflect .the a~reed-upon assu~ptions and clarificati~ns contained. in Amendmef~.~~..l:,.~~~~.~.:,~.~~:.? DraWings and SpeCIficatIons shall be furnished to the ConstructIOn Manager ill accordance WIt1i scneaules agree by the Owner, Architect and Construction Manager. The Construction Manager shall promptly notify the Architect and Owner if such revised Drawings and Specifications are inconsistent with the agreed-upon ass~~, clarifications. /~,.,'". """\ ~ 2.2.10 The Guaranteed Maximum Price shall include in the Cost of the Work only those t~es hich are enacted at the time the Guaranteed Maximum Price is established. ( ~ 2.3 CONSTRUCTION PHASE J ~ 2.3.1 GENERAL ~ 2.3.1.1 The Construction Phase shall commence upon the Owner's acceptance 0" the Construction ManaQer's Guaranteed Maximum Price proposal and issuance of a Notice to ProcJed''8n~haIH' continQent upon the Owner providinQ to the Construction ManaQer evidence of fundinQ for the Proiect. AlA Document A121nlCKc - 2003 and AGe Document 565. Copyright CI 1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING. This document is protected by o.s. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this document, or any portion of it, may result in severe civil and criminal 5 penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 13:15:08 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User Notesa (2744664013) ~ 2.3.2 ADMINISTRATION ~ 2.3.2.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager's own personnel shall be performed under subcontracts or by other appropriate agreements with the Construction Manager. The Construction Manager shall obtain bids from Subcontractors and from suppliers of materials or equipment fabricated to a special design for the Work from the list previously reviewed and, after analyzing such bids, shall deliver such bids to the Owner and Architect. The Owner will th tennine, with the advice of the Construction Manager and subject to the reasonable objection of the Architec , w, ich bids will be accepted. The Owner may designate specific persons or entities from whom the Constructi n anager shall obtain bids; however, if the Guaranteed Maximum Price has been established, the Owner may not pro ibit the Construction Manager from obtaining bids from other qualified bidders. The Construction Manager shal not be required to contract with anyone to whom the Construction Manager has reasonable objection. ~ 2.3.2.2 If the Guaranteed Maximum Price has been established and a specific bidder amo t se whose bids are delivered by the Construction Manager to the Owner and Architect (1) is recommended to e.. wner by the Construction Manager; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid which conforms to the requirements of the Contract Documents without reservations or exception, t the Owner requires that another bid be accepted, then the Construction Manager may require that a change in t e ork be is 0 adjust the Contract Time and the Guaranteed Maximum Price by the difference between thi bi of the pe. or entity recommended to the Owner by the Construction Manager and the amount of the sUb1, on act or oth r agreement actually signed with the person or entity designated by the Owner. I ~ 2.3.2.3 Subcontracts and agreements with suppliers furnishing materials or equipment fabtica e 0 a specia eSlgn shall conform to the payment provisions of Sections 7.1.8 and 7.1.9 and shall not be awardLi on the basis of cos plus a fee without the prior consent of the Owner. ~ 2.3.2.4 The Construction Manager shall schedule and conduct meetings at which the Owner, Architect, Construction Manager and appropriate Subcontractors can discuss the status of the Work. The Constru Manager shall prepare and promptly distribute meeting minutes. ~ 2.3.2.5 Promptly after the Owner's acceptance of the Guaranteed Maximum Price proposa , truction Manager shall prepare a schedule in accordance with Section 3.10 of A20lThL1997, includl1i.~thl(,,gwnetl occupancy requirements. ~ 2.3.2.6 The Construction Manager shall provide montWy written reports to the Owner and Architect on the progress of the entire Work. The Construction Manager shall maintain a daily log containing a record of weather, Subcontractors working on the site, number of workers, Work accomplished, problems encoun ther similar relevant data as the Owner may reasonably require. The log shall be available to the wner and Ar 1"#"""'-""'" ~ 2.3.2.7 The Construction Manager shall develop a system of cost control for the Work, in Iud g regula~ monitoring of actual costs for activities in progress and estimates for uncompleted tasks an pr posed chapges Construction Manager shall identify variances between actual and estimated costs and repOI variance to Owner and Architect at regular intervals. ~ 2.4 PROFESSIONAL SERVICES Section 3.12.10 of A20lThL1997 shall apply to both the Preconstruction and Construction ~ 2.5 HAZARDOUS MATERIALS ~""',., Section 10.3 of A20l TM..-1997 shall apply to both the Preconstruction and Construction Phases"",'" " /4 ''1t\ f'~ ARTICLE 3 OWNER'S RESPONSIBILITIES 4' ~ 3.1 INFORMATION AND SERVICES f ~ 3.1.1 The Owner shall provide full information in a timely manner regarding the require . nt of the Project, including a program which sets forth the Owner's objectives, constraints and criteria, inclu4ingspace requirements and relationships, flexibility and cexpandability requirements, special equipment and syste!, a '. d site re uirements. ~ 3.1.2 The Owner shall, at the written request of the Construction Manager prior to comm eemenH>f4h Construction Phase and thereafter, furnish to the Construction Manager reasonable evidence that fmancial AlA Document A121l1lCMc - 2003 and AGe Document 565. Copyright e 1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNINGs This document is protected by u.s. Copyright Law and International Treaties. unauthorized reproduction or distribution of this document * or any portion of it" may result in severe civil and criminal 6 penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 13:15:08 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User Notesl (2744664013) arrangements have been made to fulfill the Owner's obligations under the Contract. Furnishing of such evidence shall be a condition precedent to commencement or continuation of the Work. After such evidence has been furnished, the Owner shall not materially vary such financial arrangements without prior notice to the Construction Manager. ~ 3.1.3 The Owner shall establish and update an overall budget for the Project, based on consultation with the Construction Manager and Architect, which shall include contingencies for changes in the and other costs which are the responsibility of the Owner. d tests described in nce of the Work. ~ 3.1.4 STRUCTURAL AND ENVIRONMENTAL TESTS, SURVEYS AND REPORTS In the Preconstruction Phase, the Owner shall furnish the following with reasonable promp expense. Except to the extent that the Construction Manager knows of any inaccuracy, the shall be entitled to rely upon the accuracy of any such information, reports, surveys, drawi Sections 3.1.4.1 through 3.1.4.4 but shall exercise customary precautions relating to the pe ~ 3.1.4.1 Reports, surveys, drawings and tests concerning the conditions of the site which are required by law. ~ 3.1.4.2 Surveys describing physical characteristics, legal limitations and utility locations site of e P oject, and a written legal description of the site. The surveys and legal information shall include, .s a plicable, a sand lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; 11riiig"tS-Of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours fe site; loc tio s, dimensions and necessary data pertaining to existing buildings, other improvements and tr s; nd info ti concernmg available utility =vices and lines, both public and private, above aod below g<. de, me ii11mg mve s an depths. All information on the survey shall be referenced to a project benchmark. ~ 3.1.4.3 The services of a geotechnical engineers. Such services may include but are not limited to test borings, te pits, detenninations of soil bearing values, percolation tests, evaluations of hazardous materials, ground co~~ and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports ang.apt5ropria professional recommendations. ~ 3.1.4.4 Structural, mechanical, chemical, air and water pollution tests, tests for hazardous laboratory and environmental tests, inspections and reports which are required by law. ~ 3.1.4.5 The services of other consultants when such services are reasonably required by the scope of the Pr are requested by the Construction Manager. 3.1.5 3.1.6 ~ 3.2 OWNER'S DESIGNATED REPRESENTATIVE The Owner shall designate in writing a representative who shall have express authority to nd the Owner with respect to all matters requiring the Owner's approval or authorization. This representative s l'navtnntnm:t make decisions on behalf of the Owner concerning estimates and schedules, construction budgets, and changes in the Work, and shall render such decisions promptly and furnish information expeditiously, so as ~id-'-"", unreasonable delay in the services or Work of the Construction Manager. Except as otherwiseyovid~~jn,,S,e.gJ!2E- '" 4.2.1 of A201TM-1997, the Architect does not have such authority.ll -"",.,,'"" ~ ''\ t l' '\ l ~ 3.3 ARCHITECT I l '. The Owner shall retain an Architect to provide Basic Services, including normal structural,lmehanical and electrical engineering services, other than cost estimating services, described in the edition f IA@ Document BI51TM-1997, Abbreviated Standard Form of Agreement Between Owner and Architect c etas of the date of this Agreement. The Owner shall authorize and cause the Architect to provide those Additi nal Services described in B 151 ThL 1997, requested by the Construction Manager which must necessarily be provi the Preconstruction and Construction Phases of the Work. Such services shall be provided in accordance with time AlA Document A121111l0lc - 2003 and AGe Document 56Sa Copyright Cl 1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING. This document is protected by u.s. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this document, or any portion of it. may result in severe civil and criminal 7 penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 13:15:08 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User NoteSI (2744664013) schedules agreed to by the Owner, Architect and Construction Manager. Upon request of the Construction Manager, the Owner shall furnish to the Construction Manager a copy of the Owner's Agreement with the Architect, from which compensation provisions may be deleted. ~ 3.4 LEGAL REQUIREMENTS The Owner shall determine and advise the Architect and Construction Manager of any special legal requirements relating specifically to the Project which differ from those generally applicable to constructfbll: the jurisdiction of the Project. The Owner shall furnish such legal services as are necessary to provide the infq ion and services required under Section 3.1. ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES The Owner shall compensate and make payments to the Construction Manager for Precons c. on Phase services as follows: ~ 4.1 COMPENSATION ~ 4.1.1 For the services described in Sections 2.1 and 2.2, the Construction Manager's co calculated as follows: (State basis of compensation, whether a stipulated sum, multiple of Direct Personnel Expe Include a statement of reimbursable cost items as applicable.) ~ 4.1.2 Compensation for Preconstruction Phase Services shall be equitably adjusted if such services extend beyo ( 180) days from the date of this Agreement or if the originally contemplated scope of services is significant! modified. ~ 4.1.3 If compensation is based on a multiple of Direct Personnel Expense, Direct Personn the direct salaries of the Construction Manager's personnel engaged in the Project and the rt the cost 0 mandatory and customary contributions and benefits related thereto, such as employment taX:~s~d,othei"stat!l r employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions a~a"be fits~' ~ 4.2 PAYMENTS ~ 4.2.1 Payments shall be made monthly following presentation of the Construction Manager's invoice and, where applicable, shall be in proportion to services performed. ,~, ~ 4.2.2 Payments are due and payable l_ ( l1li ) days from the date the constructf6n ~r~g~],\ i received by the Owner. Amounts unpaid after the date on which payment is due shall bear' tefst at the te below, or in the absence thereof, at the legal rate prevailing from time to time at the place he the Proj t i located. . (Insert rate of interest agreed upon.) (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of)be'fi>rrJJ~et.'t1nd.,,,, elsewhere may affect the validity of th is provision. Legal advice should be obtained with respe f'ro dele!' r ""', modifications, and also regarding requirements such as written disclosures or waivers.) ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES I ~ The Owner shall compensate the Construction Manager for Construction Phase services as oIl': ws: AlA Document A121-CMc - 2003 and AGe Document 565. Copyright e 1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNINGs This document is protected by u.s. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this document, or any portion of it, may result in severe civil and criminal 8 penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 13:15:08 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/:2005, and is not for resale. User Notes. (:2744664013) ~ 5.1 COMPENSATION ~ 5.1.1 For the Construction Manager's performance of the Work as described in Section 2.3, the Owner shall pay the Construction Manager in current funds the Contract Sum consisting of the Cost of the Work as defined in Article 7 and the Construction Manager's Fee determined as follows: (State a lump sum, percentage of actual Cost of the Work or other provision for determininB. t .." Construction Manager's Fee, and explain how the Construction Manager's Fee is to be adjustedfor cha ge in the Wo . ~ 5.2 GUARANTEED MAXIMUM PRICE ~ 5.2.1 The sum of the Cost of the Work and the Construction Manager's Fee are guarantee. by the Cons ct n Manager not to exceed the amount provided in Amendment No.1, subject to additions andldedpctions b c ges in the Work as provided in the Contract Documents. Such maximum sum as adjusted by appr ved"cnanges III the 0 is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which Guaranteed Maximum Price to be exceeded shall be paid by the Construction Manager without reimbursement by the Owner. (Insert specific provisions if the Construction Manager is to participate in any savings.) ~ 5.3 CHANGES IN THE WORK ~ 5.3.1 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of Amendment No.1 may be determined by any of the methods listed in Section 7.3.3 of A201 ThL1997. ~-."...""....~~ Ii''''''' , ~ 5.3.2 In calculating adjustments to subcontracts (except those awarded with the Owner's pr'~ consent ori e bas' of cost plus a fee), the terms "cost" and "fee" as used in Section 7.3.3.3 of A201 T~1997 a "f~ ost" d "a reasonable allowance for overhead and profit" as used in Section 7.3.6 of A20}T~1997 ha have the e n assigned to them in that document and shall not be modified by this Article 5. Adjustments 0 bcontract aw ded with the Owner's prior consent on the basis of cost plus a fee shall be calculated in accorda ce ith the te f those subcontracts. ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE ~ 6.1 COSTS TO BE REIMBURSED p"".......""."..."..,.....,,_ ~ 6.1.1 The term "Cost of the Work" shall mean costs necessarily incurred by the Construction ~(~agerj!l,.tll~I!rop~ performance of the Work. Such costs shall be at rates not higher than those customarily paid t th ~e of the~, ~I\ Project except with prior consent of the Owner. The Cost of the Work shall include only th ite set forth in this '\ \" Article 6. , ~ 6.1.2 LABOR COSTS I .1 Wages of construction workers directly employed by the Construction Man er 0 erform the construction of the Work at the site or, with the Owner's agreement, at off-si wor sops. AIA Document A121lMCMc - 2003 and AGe Document 565. Copyright Cl 1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNINGs This document is protected by u.s. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this document, or any portion of it, may result in severe civil and criminal 9 penalties, and will be prosecuted to the maxim.um. extent possible under the law. This draft was produced by AlA software at 13:15:08 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User Notes. (2744664013) .2 Wages or salaries of the Construction Manager's supervisory and administrative personnel when stationed at the site with the Owner's agreement. times a multiplier of 1.61 to compensate the Construction Manager for the items enumerated in Clause 6.1.2.4 below. .3 (If it is intended that the wages or salaries of certain personnel stationed at the Construction Manager's principal office or offices other than the site office shall be included in the Cost of the Work, such personnel shall be identified below.) Wages and salaries of the Construction Manager's supervisory or administra IV at factories, workshops or on the road, in expediting the production or trans equipment required for the Work, but only for that portion of their time requre the appropriate multiplier referenced in Clause 6.1.2.2 above. Costs paid or incurred by the Construction Manager for taxes, insurance, co tri and benefits required by law or collective bargaining agreements, and, for p rso such agreements, the Construction Manager's standard fringe benefits such and health benefits, holidays, vacations, allowed absences and pensions, pro based on wages and salaries included in the Cost of the Work under Sections ersonnel engaged, ion of materials or for the Work times .4 , el not covered by k leave, medical that such costs are .2.1 through 6.1.2.3. ~ 6.1.3 SUBCONTRACT COSTS Payments made by the Construction Manager to Subcontractors in accordance with the req subcontracts, including Payment and Performance Bonds. ~ 6.1.4 COSTS OF MATERIALS AND EQUIPMENT INCORPORATED IN THE COMPLETED CON TR CTION .1 Costs, including transportation, of materials and equipment incorporated or be mcorporated m e completed construction. .2 Costs of materials described in the preceding Section 6.1.4.1 in excess of those actually installed but required to provide reasonable allowance for waste and for spoilage. Unused excess materials, if any, shall be handed over to the Owner at the completion of the Work or, at the Owner's option, sha sold by the Construction Manager; amounts realized, if any, from such sales shall be cre ' . to the Owner as a deduction from the Cost of the Work. ~ 6.1.5 COSTS OF OTHER MATERIALS AND EQUIPMENT, TEMPORARY FACILITIES AND REL ~ .1 Costs, including transportation, installation, maintenance, dismantling and renmv of rria'tet:' supplies, temporary facilities, machinery, equipment, and hand tools not customarily 0 d by the construction workers, which are provided by the Construction Manager at the site and fully co in the performance of the Work; and cost less salvage value on such items if not fully consumed, whether sold to others or retained by the Construction Manager. Cost for items previously used by the Construction Manager shall mean fair market value. , ~.' .2 Rental charges ~or temporary fa~ilities, mac~inery, equipment an~ hand tools ot cust~mari o~/ by the construction workers, whIch are provIded by the Construction Manag r at e SIte, h . rented from the Construction Manager or others, and costs of transportation, ins llation, 'no repairs and replacements, dismantling and removal thereof. Rates and quanti1ie of equipm nt r,ptited shall be subject to the Owner's prior approval. I' .3 Costs of removal of debris from the site, ' .4 Reproduction costs, costs of telegrams, facsimile transmissions and long-dis an ca postage and express delivery charges, telephone at the site and reasonable p tty cash expenses of the site office. .5 That portion of the reasonable travel and subsistence expenses of the Construction Manager's personnel incurred while traveling in discharge of duties connected with the W or~~"..~",,, ~ 6.1.6 MISCELLANEOUS COSTS,~._."" \, .1 That portion directly attributable to this Contract of premiums for the Cons ctiqu Manager's \ insurance and bonds. The Construction Mana er's General and Excess L abi.~it Insurance shall be invoiced at the rate of$5.95 per $1.000 of Contract revenue. (If charges for self-insurance are to be included, specify the basis of reimbu se .2 Sales, use or similar taxes imposed by a governmental authority which are r lated to the Work and for which the Construction Manager is liable. AIA Document A12111ilCXc - 2003 and AGe Document 565. Copyright CI 1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNINGs This document is protected by o.s. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this doc~nt, or any portion of it, may result in severe civil and criminal 10 penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 13:15:08 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. U.er Note.. (2744664013) .3 Fees and assessments for the building pennit and for other pennits, licenses and inspections for which the Construction Manager is required by the Contract Documents to pay. .4 Fees of testing laboratories for tests required by the Contract Documents, except those related to nonconfonning Work other than that for which payment is pennitted by Section 6.1.8.2. .5 Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent or other intellectual property rights arising from such requirement by the Contract D , ents; payments made in accordance with legal judgments against the Construction Manager res ting from such suits or claims and payments of settlements made with the Owner's consent; prov;de however, that such costs of legal defenses, judgment and settlements shall not be included in th ',., ca ulation of the Construction Manager's Fee or the Guaranteed Maximum Price and provide, that such royalties, fees and costs are not excluded by the last sentence of Section 3.17.1 of A20 1 T~ 19Q!9'''orotherprovi ' of the Contract Documents. ' .6 Data processing costs related to the Work., cost of 'obsite com uter hardwa lies and communications. . .7 Deposits lost for causes other than the Construction Manager's negligence or'faTlure to fulfill a specific responsibility to the Owner set forth in this Agreement. .8 Legal and mediation costs, other than those arising from disputes solely be Construction Manager, reasonably incurred by the Construction Manager in he Work. .9 Expenses incurred in accordance with Construction Manager's standard pers nn 1 policy fi r relocation and temporary living allowances of personnel required for the W Tk, n case it n to relocate such personnel from distant locations. .10 Storaae of Proiect records beyond Proiect comoletion. .2 In taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property, as provided in Section 10.6 of A201 ThL1997. In repairing or correcting damaged or nonconfonning Work executed by the the Construction Manager's Subcontractors or suppliers, provided that such nonconfonning Work was not caused by the negligence or failure to fulfill a'spe, ific respo the Owner set forth in this agreement of the Construction Manager or the C s ction Ma age foremen, engineers or superintendents, or other supervisory, administrative r nagerial ers nnel of the Construction Manager, or the failure of the Construction Manager's p rso el to sup rvi e adequately the Work of the Subcontractors or suppliers, and only to the exte t tof or correction is not recovered by the Construction Manager from insurance, ubcontractors or suppliers. .11 Cost of incentive bonuses oaid to the Construction Manaaer's salaried emolovees in accordance with the Construction Manaaer's then current incentive olan to the extent th~t#' such oavments relate directlv to the oerformance of the services under this Aar~~merl[ ~ 6.1.7 OTHER COSTS .1 Other costs incurred in the performance of the Work if and to the extent app. '.ad e writing by the Owner. ~ 6.1.8 EMERGENCIES AND REPAIRS TO DAMAGED OR NONCONFORMING WORK The Cost of the Work shall also include costs described in Section 6.1.1 which are incurred by the Construct! Manager: .1 ~ 6.1.9 The costs described in Sections 6.1.1 through 6.1.8 shall be included in the Cost of the W""o o~r O,',',tw"i, t,',h",',.,s, t, a,',l1"rlin, . ~, any provision of AlA or A20 1 TM-1997 other Conditions of the Contract which may require th~nstl];stiQn",""",.,.. ""-" Manager to pay such costs, unless such costs are specifically excluded by the provisions of Sectioj:l'1>-2. "', '\ 7/, 6.1.10 The items listed in Article 6.1 are to be reimbursed to the Construction Manager at Jnot to-exceed cost of $246,725 for the First Fire Station or $342,783 for two Fire Stations. ~ 6.2 COSTS NOT TO BE REIMBURSED ~ 6.2.1 The Cost of the Work shall not include: AlA Document A121NCKc - 2003 and AGe Document 565. Copyright e 1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNINGs This document is protected by u.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this document* or any portion of it, may result in severe civil and crim.ina.l 11 penalties. and will be prosecuted to the maximum. extent possible under the law. This draft was produced by AlA software at 13:15:08 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User Notes 8 (2744664013) .1 Salaries and other compensation of the Construction Manager's personnel stationed at the Construction Manager's principal office or offices other than the site office, except as specifically provided in Sections 6.1.2.2 and 6.1.2.3. .2 Expenses of the Construction Manager's principal office and offices other than the site office, except as specifically provided in Section 6.1. .3 Overhead and general expenses, except as may be expressly included in Section 6.1. .4 The Construction Manager's capital expenses, including interest on the Con 'on Manager's capital employed for the Work. .5 Rental costs of machinery and equipment, except as specifically provided in .6 Except as provided in Section 6.1.8.2, costs due to the negligence of the Co tion Mana er or to the failure of the Construction Manger to fulfill a specific responsibility to 1e Owner set forth in this Agreement. I .8 Except as provided in Section 6.1.7.1, any cost not specifically and expressl ,I described in Section 6.1. .9 Costs which would cause the Guaranteed Maximum Price to be exceeded. ~ 6.3 DISCOUNTS, REBATES AND REFUNDS ~ 6.3.1 Cash discounts obtained on payments made by the Construction Manager shall acc e t the Own before making the payment, the Construction Manager included them in an Application fOJ,."pa, ent and ved payment therefor from the Owner, or (2) the Owner has deposited funds with the ConstrucLtOn tv1anager th hich to make payments; otherwise, cash discounts shall accrue to the Construction Manager. Tr~de ~~counts, b refunds and amounts received from sales of surplus materials and equipment shall accrue t I the wner, and Construction Manager shall make provisions so that they can be secured. ~ 6.3.2 Amounts which accrue to the Owner in accordance with the provisions of Section 6.3.1 shall be credited to the Owner as a deduction from the Cost of the Work. ~ 6.4 ACCOUNTING RECORDS ~ 6.4.1 The Construction Manager shall keep full and detailed accounts and exercise such c necessary for proper fmancial management under this Contract; the accounting and control ems~ll be , satisfactory to the Owner. The Owner and the Owner's accountants shall be afforded access Construe. I Manager's records, books, correspondence, instructions, drawings, receipts, subcontracts, purchase oiti~~u~her memoranda and other data relating to this Project, and the Construction Manager shall preserve these for a peti~of three years after final payment, or for such longer period as may be required by law. '" ARTICLE 7 CONSTRUCTION PHASE ,,----, ~ 7.1 PROGRESS PAYMENTS i'l' , ,"#'''._'''' ~ 7.1.1 Based upon Applications for Payment submitted to the Architect by the ConstructiOlfM~ager 3.1'14 Certificates for Payment issue~ by the Architect, th~ Owner shall make progr~ss payments P,' n fcount of e Contract Sum to the ConstructIOn Manager as prOVIded below and elsewhere m the Contraqt Dpcuments. I I ~ 7.1.2 The period covered by each Application for Payment shall be one calendar month e Idi ,,', on the la d the month, or as follows: ~ 7.1.4 With each Application for Payment, the Construction Manager shall submit payroll receipted invoices or invoices with check vouchers attached and any other evidence requir b the Owner or Architect to demonstrate that cash disbursements already made by the Construction Manag r on account of the Cost of the Work equal or exceed (1) progress payments already received by the Construction anager;-lesS"tz'"tha AlA Document A121111C11c - 2003 and AGe Document 565. Copyright Cl 1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNINGs This document is protected by u.s. Copyright Law and International Treaties. unauthorized reproduction or distribution of this document I or any portion of it, may result in Bevere civil and criminal 12 penalties. and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 13:15:08 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User Not.sa (2744664013) portion of those payments attributable to the Construction Manager's Fee; plus (3) payrolls for the period covered by the present Application for Payment. ~ 7.1.5 Each Application for Payment shall be based upon the most recent schedule of values submitted by the Construction Manager in accordance with the Contract Documents, The schedule of values shall allocate the entire Guaranteed Maximum Price among the various portions of the Work, except that the Construction Manager's Fee shall be shown as a single separate item. The schedule of values shall be prepared in such nd supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless 0 d to by the Architect, shall be used as a basis for reviewing the Construction Manager's Applications fI r P yment. ~ 7.1.6 Applications for Payment shall show the percentage completion of each portion of tije Work as of the end of the period covered by the Application for Payment. The percentage completion shall be thelle ftt1'th percentage of that portion of the Work which has actually been completed or (2) the percel\tag obtained by dividing ( a) the expense which has actually been incurred by the Construction Manager on account 4f t portion of the Work for which the Construction Manager has made or intends to make actual payment pri! the next Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of e ork in the schedule of values. ~ 7.1.7 Subject to other provisions of the Contract Documents, the amount of each progress computed as follows: .1 Take that portion of the Guaranteed Maximum Price properly allocable to c ,mp eted Wor determined by multiplying the percentage completion of each portion of the lWo{k by the s, ar ",?fthe Guaranteed Maximum Price allocated to that portion of the Work in the sch~dule-orvalUet. Pen' mg final determination of cost to the Owner of changes in the Work, amounts nOt,m,dispuw."may_b included as provided in Section 7.3.8 of A201TM..-1997, even though the Guaranteed Maximum Price has not yet been adjusted by Change Order. .2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipm delivered and suitably stored at the site for subsequent incorporation in the Work or, if a ved in advance by the Owner, suitably stored off the site at a location agreed upon in .3 Add the Construction Manager's Fee. ) The Construction Manager's Fee sha e co Cost of the Work described in the two preceding Sections at the amount whi h l:'l e same r tio 0 that fixed-sum Fee as the Cost of the Work in the two preceding Sections bear ~easOYrabl~1 estimate of the probable Cost of the Work upon its completion. ""-""'" .4 Subtract the aggregate of previous payments made by the Owner. "''''',"", .5 Subtract the shortfall, if any, indicated by the Construction Manager in the documentation required b Section 7.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently """]., discovered by the Owner's accountants in such documentation. , ,,#'~ ,,r,o.- .6 Subtrac,t am~unts, i,f any, for which the Architect has withheld or nullified a ~~.~jte for 11 yme ,.,. ,,,f' as proVIded m SectlOn 9.5 of A201ThL1997. ( (' ~\./ ~ 7.1.8 Pa ments to Subcontractors shall be sub'ect to retaina e of ten ercent 100. iu on fift' er~ent 50% com letion of a Subcontractor's work no further retaina e will be withheld ov ded the Subcontractor is erformin satisfactoril in the Owner's and Construction Mana e's in ions. Construction Mana er's fee and General Conditions costs shall not be sub'ect to r tai ~ 7.1.9 Except with the Owner's prior approval, the Construction Manager shall not make a suppliers for materials or equipment which have not been delivered and stored at the site. ~ 7.1.10 In taking action on the Construction Manager's Applications for Payment, the Architec all be rely on the accuracy and completeness of the information furnished by the Construction Ma ger shall not be deemed to represent that the Architect has made a detailed examination, audit or arithmetic eri cation of the documentation submitted in accordance with Section 7.1.4 or other supporting data, that th Ar hitect has made exhaustive or continuous on-site inspections or that the Architect has made examinations t rtain how or for what purposes the Construction Manager has used amounts previously paid on account of e ontract. Such examinations, audits and verifications, if required by the Owner, will be performed by the r's accountants acting in the sole interest of the Owner. AlA Document A121111CKc - 2003 and AGe Document 565. Copyright Cl 1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America.. All rights reserved. WARNING: This document is protected by U.S. Copyright Law and International Treaties. unauthorized reproduction or distribution of this document. or any portioD of it, may result in severe civil and criminal 13 penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 13:15:08 on 10/29/2004 under Order No.l000140116_1 which expires on 10/6/2005, and is not for resale. User Notes. (2744664013) ~ 7.2 FINAL PAYMENT ~ 7.2.1 Final payment shall be made by the Owner to the Construction Manager when (I) the Contract has been fully performed by the Construction Manager except for the Construction Manager's responsibility to correct nonconforming Work, as provided in Section 12.2.2 of A20IT~1997, and to satisfy other requirements, if any, which necessarily survive fmal payment; (2) a fmal Application for Payment and a fmal accounting for the Cost of the Work have been submitted by the Construction Manager and reviewed by the Owner's accountants; and (3) a final Certificate for Payment has then been issued by the Architect; such fmal payment sha made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment, or llows: 's final accounting Price. fmal Certificate for e Contract ~ 7.2.2 The amount of the final payment shall be calculated as follows: .1 Take the sum of the Cost of the Work substantiated by the Construction Ma ag and the Construction Manager's Fee, but not more than the Guaranteed Max .2 Subtract amounts, if any, for which the Architect withholds, in whole or in Payment as provided in Section 9.5.1 of A20}T~1997 or other provisions 0 Documents. .3 Subtract the aggregate of previous payments made by the Owner. If the aggregate of previous payments made by the Owner exceeds the amount due the Con tru tion Man ge the Construction Manager shall reimburse the difference to the Owner. ~ 7.2.3 The Owner's accountants will review and report in writing on the Construction Manlger s ma accountmg within 30 days after delivery of the final accounting to the Architect by the Construction ~g~J3ased,upoll.SUC Cost of the Work as the Owner's accountants report to be substantiated by the Construction Manager's final accounting, and provided the other conditions of Section 7.2.1 have been met, the Architect will, within seven days after receipt of the written report of the Owner's accountants, either issue to the Owner a final Certificate for Payment with a copy to the Construction Manager or notify the Construction Manager and Owner in ~it' of th Architect's reasons for withholding a certificate as provided in Section 9.5.1 of A20}T~1997 . #fime 'otfs stated in this Section 7.2 supersede those stated in Section 9.4.1 of A201ThL1997. ! I ~ 7.2.4 If the Owner's accountants report the Cost of the Work as substantiated by the Cons io,q Ma tu::&.,!j.na accounting to be less than claimed by the Construction Manager, the Construction Manager shall b'e' to proceed in accordance with Article 9 without a further decision of the Architect. Unless agreed to otherwise, demand for mediation of the disputed amount shall be made by the Construction Manager within 60 days after the Construction Manager's receipt of a copy of the Architect's final Certificate for Payment. Failure to make such."".~ demand within this 60-day period shall result in the substantiated amount reported by the O~~s'aC'coUQ!~nts /"'- I becoming bindin~ on the Construction Manag~r. Pe~ding a fin~l resolution of t~e disputed apioun~~ O~er S~~f .."""..,1 pay the ConstructIon Manager the amount certIfied m the Architect's final CertIficate for prrt. "\ \l'" / !: '! ...,,",' ~ 7.2.5 If, subsequent to fmal payment and at the Owner's request, the Construction Manag;., ~,' urs costs 1,.,. esc9""...,.15ed in Section 6.1 and not excluded by Section 6.2 (I) to correct nonconforming Work or (2) a1s~ from the resq1ution of disputes, the Owner shall reimb~se ~e Construction Manag~r such cos!s and the consttp" ct,m Man~g1r's tee, ' if any, related thereto on the same baSIS as If such costs had been mcurred pnor to fmal paymrnt,Ihut,not Ut.exC~,.Q the Guaranteed Maximum Price. If the Construction Manager has participated in savings, e amount of such savings shall be recalculated and appropriate credit given to the Owner in determining the ne amoun 0 e pal the Owner to the Construction Manager. ARTICLE 8 INSURANCE AND BONDS ~ 8.1 INSURANCE REQUIRED OF THE CONSTRUCTION MANAGER AlA Document A121lMCllc - 2003 and AGe Document 565. Copyright 0 1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNINGs This document is protected by u.s. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this document I or any portion of it. may result in severe civil and criminal 14 penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 13:15:08 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User Notesl (2744664013) (If Umbrella Excess Liability coverage is required over the primary insurance or retention, insert the coverage limits. Commercial General Liability and Automobile Liability limits may be attained by individual policies or by a combination of primary policies and Umbrella and/or Excess Liability policies. If Project Management Protective Liability Insurance is to be provided, state the limits here.) ~ 8.2 INSURANCE REQUIRED OF THE OWNER During both phases of the Project, the Owner shall purchase and maintain liability and pro~' insurance, including waivers of subrogation, as set forth in Sections 11.2 and 1104 of A20 I T~ 1997. (If not a blanket policy, list the objects to be insured.) 9.1.2 i n t m I r Iti f hazardous materials. soecial wastes or other contaminants into the environment. the ARTICLE 9 MISCEllANEOUS PROVISIONS ~ 9.1 DISPUTE RESOLUTION ~ 9.1.1 It is expresslv understood that the Owner shall be directlv retainino the services of an ArchitecUEnoineer. 9.1.3 9.1.4 9.1.5 9.1.6 AlA Document A121"CXc - 2003 and AGe Document 565. Copyright e 1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING. This document is protected by u.s. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this document.. or any portioD of it.. may result in severe civil and criminal 1.5 penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 13:15:08 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. U.er Note.. (2744664013) develooment or arowth of mold within or on any structures. air aualitv levels. and to the aeneration. use. storaae. transoortation or illeaal disoosal of solid wastes. hazardous materials. soecial wastes or other contaminants This disclaimer ofliabilitv shall aDDlv to all such claims al!:ainst the Construction Manal!:er. whether direct or indirect. includinl!: without limitation. third Dartv claims for which the Owner is seekinl!: indemnification from the Construction Manal!:er. ~ 9.2 OTHER PROVISIONS ~ 9.2.1 Unless otherwise noted, the terms used in this Agreement shall have the same mean" 1997, General Conditions of the Contract for Construction, as amended. those in A20 1 T~ ~ 9.2.2 EXTENT OF CONTRACT This Contract, which includes this Agreement and the other documents incorporated here" by ce, U:;plesent the entire and integrated agreement between the Owner and the Construction Manager and up rsedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be m ded only by written instrument signed by both the Owner and Construction Manager. If anything in any documf.~! corporated into this Agreement is inconsistent with this Agreement, this Agreement shall govern. ~ 9.2.3 OWNERSHIP AND USE OF DOCUMENTS Article 1.6 of A201~1997 shall apply to both the Preconstruction and Construction Phas s. ~ 9.2.4 GOVERNING LAW This Agreement shall be governed by and construed in accordance with the law of the plac w re the Pr ~ec IS located. ~ 9.2.5 ASSIGNMENT The Owner and Construction Manager respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such 0 (''''' party in respect to covenants, agreements and obligations contained in the Contract Documents. Exce t rovid in Section 13.2.2 of A201T~1997, neither party to the Contract shall assign the Contract as a w witho itt consent of the other. If either party attempts to make such an assignment without such cons shall nevertheless remain legally responsible for all obligations under the Contract. ARTICLE 10 TERMINATION OR SUSPENSION ~ 10.1 TERMINATION PRIOR TO ESTABLISHING GUARANTEED MAXIMUM PRICE ~ 10.1.1 Prior to execution by both parties of Amendment No. 1 establishing the Guaranteed Maximum Price, the Owner may terminate this Contract at any time without cause, and the Construction Manager may terminate this Contract for any of the reasons described in Section 14.1.1 of A201~1997. ~ 10.1.2 If the Owner or Construction Manager terminates this Contract pursuant to this Sec commencement of the Construction Phase, the Construction Manager shall be equitably co p Preconstruction Phase Services performed prior to receipt of notice of termination; provide , compensation for such services shall not exceed the compensation set forth in Section 4.1.1 ~ 10.1.3 If the Owner or Construction Manager terminates this Contract pursuant to this Se commencement of the Construction Phase, the Construction Manager shall, in addition t provided in Section 10.1.2, be paid an amount calculated as follows: .1 Take the Cost of the Work incurred by the Construction Manager. .2 Add the Construction Manager's Fee computed upon the Cost of the Work to the da ftermtfi:a:tion, at the rate stated in Section 5.1 or, if the Construction Manager's Fee is stated a fixed s "that ""','\ Section, an amount which bears the same ratio to that fixed-sum Fee as the C t of e Work at the time oftermination bears to a reasonable estimate of the probable Cost ofth W upon its completion. ' .3 Subtract the aggregate of previous payments made by the Owner on account of Tho Own" ~::~ pay the Conatruction Manag" farr componaation, citl= by p=ba" I ,,,ntal at the doction of the Owner, for any equipment owned by the Construction Manager which the Owner e1ecttreta" "" not otherwise included in the Cost of the Work under Section 10.1.3.1. To the extent that the Owner elects to take AlA Document A121llllCMc - 2003 and AGe Document 565. Copyright Cl 1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING I This document is protected by u.s. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this document, or any portion of it, may result in severe civil and criminal penalties. and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 13:15:08 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005. and is not for resale. User Notes. (2744664013) 1.6 legal assignment of subcontracts and purchase orders (including rental agreements), the Construction Manager shall, as a condition of receiving the payments referred to in this Article 10, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Construction Manager, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders. Subcontracts, purchase orders and rental agreements entered into by the Construction Man written approval prior to the execution of Amendment No.1 shall contain provisions pe Owner as described above. If the Owner accepts such assignment, the Owner shall reimb Construction Manager with respect to all costs arising under the subcontract, purchase ord except those which would not have been reimbursable as Cost of the Work if the contract the Owner elects not to accept the assignment of any subcontract, purchase order or rental have constituted a Cost of the Work had this agreement not been terminated, the Construct terminate such subcontract, purchase order or rental agreement and the Owner shall pay th the costs necessarily incurred by the Construction Manager by reason of such termination. ~ 10.2 TERMINATION SUBSEQUENT TO ESTABLISHING GUARANTEED MAXIMUM PRICE Subsequent to execution by both parties of Amendment No.1, the Contract may be termin 14 of A201T~1997. Article ~ 10.2.1 In the event of such termination by the Owner, the amount payable to the Construc . on Section 14.1.3 of A201ThL1997 shall not exceed the amount the Construction Manager wo Id receive pursuant to Sections 10.1.2 and 10.1.3 of this Agreement. ~ 10.2.2 In the event of such termination by the Construction Manager, the amount to be paid to the Construction Manager under Section 14.1.3 of A201ThL1997 shall not exceed the amount the Construction Manager would have been entitled to receive under Sections 10.1.2 and 10.1.3 above, except that the Construction Manager's Fee s"( calculated as if the Work had been fully completed by the Construction Manager, including a reasona lmate the Cost of the Work for Work not actually completed. ~ 10.3 SUSPENSION [.", " The Work maybe suspended by the Owner as provided in Article 14 of A201ThL1997; in su~h.c~, the"6 te d Maximum Price, if established, shall be increased as provided in Section 14.3.2 of A20 1 ThL 1997 except-that the term "cost of performance of the Contract" in that Section shall be understood to mean the Cost of the WorlUtn~e term "profit" shall be understood to mean the Construction Manager's Fee as described in Sections 5.1.1.. """" This Agreement entered into as of the day and year first written above. ARTICLE 11 OTHER CONDITIONS AND SERVICES OWNER CONSTRUCTION MANAGER I~. (Printed name and title) . (Printed name and title) ATTEST ATTEST Date AIA Document A121-CMc - 2003 and AGe Document 565. Copyright c 1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNINGs This document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this document, or any portioD of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 13:15:08 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User Notes_ (2744664013) 17 '" AlA Document A201™ 1997 General Conditions of the Contract for Construction for the following PROJECT: ame and location or address : ELETIONS: f his document fo ation ts completion. ay also have text 0 TABLE OF ARTICLES 1 GENERAL PROVISIONS This documen legal consequences. Consultation with an 2 OWNER 3 CONTRACTOR 4 ADMINISTRATION OF THE CONTRACT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 10 PROTECTION OF PERSONS AND PROPERTY 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 11 INSURANCE AND BONDS ELECTRONIC COPYING of any portion of this AlA. Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT AIA Document A20J. N - 1997. Copyright .. 19U. J.915. 1918. 1925. 1937. 195J.. 1958. 1961. 1963. 1966. 1967. 1970. 1976. 1987 and J.997 by The American Institute of Architects. All rights reserved. WARNING, This AIA'" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it, may result in severe 1 civil and criminal penalties, and will be prosecuted to the maxLmum extent possible under the law. This draft was produced by AlA software at 10:38:26 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User Notes. (2873950869) INDEX (Numbers and Topics in Bold are Section Headings) Acceptance of Nonconforming Work 9.6.6,9.9.3, 12.3 Acceptance of Work 9.6.6,9.8.2,9.9.3,9.10.1,9.10.3, 12.3 Access to Work 3.16,6.2.1, 12.1 Accident Prevention 4.2.3, 10 Acts and Omissions 3.2,3.3.2,3.12.8,3.18,4.2.3,4.3.8,4.4.1,8.3.1, 9.5.1,10.2.5,13.4.2,13.7,14.1 Addenda 1.1.1,3.11 Additional Costs, Claims for 4.3.4,4.3.5,4.3.6,6.1.1, 10.3 Additional Inspections and Testing 9.8.3, 12.2.1, 13.5 Additional Time, Claims for 4.3.4,4.3.7,8.3.2 ADMINISTRATION OF THE CONTRACT 3.1.3,4,9.4,9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13, 4.5.1 Allowances 3.8 All-risk Insurance 11.4.1.1 Applications for Payment 4.2.5,7.3.8,9.2,9.3,9.4,9.5.1,9.6.3,9.7.1,9.8.5, 9.10, 11.1.3, 14.2.4, 14.4.3 Approvals 2.4,3.1.3,3.5,3.10.2,3.12,4.2.7,9.3.2,13.4.2,13.5 Arbitration 4.3.3,4.4,4.5.1,4.5.2,4.6, 8.3.1, 9.7.1, 11.4.9, 11.4.10 Architect 4.1 Architect, Defmition of 4.1.1 Architect, Extent of Authority 2.4,3.12.7,4.2,4.3.6,4.4,5.2,6.3,7.1.2, 7.3.6, 7.4, 9.2,9.3.1,9.4,9.5,9.8.3,9.10.1, 9.10.3,12.1,12.2.1, 13.5.1,13.5.2,14.2.2,14.2.4 Architect, Limitations of Authority and Responsibility 2.1.1,3.3.3,3.12.4,3.12.8,3.12.10,4.1.2,4.2.1, 4.2.2,4.2.3,4.2.6,4.2.7,4.2.10,4.2.12,4.2.13,4.4, 5.2.1,7.4,9.4.2,9.6.4,9.6.6 Architect's Additional Services and Expenses 2.4, 11.4.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4 Architect's Administration of the Contract 3.1.3,4.2,4.3.4,4.4,9.4,9.5 Architect's Approvals 2.4,3.1.3,3.5.1,3.10.2,4.2.7 Architect's Authority to Reject Work 3.5.1,4.2.6,12.1.2,12.2.1 Architect's Copyright 1.6 Architect's Decisions 4.2.6, 4.2.7, 4.2.11, 4.2.12, , 4.3.4, 4.4.1, 4.4.5, 4.4.6,4.5,6.3,7.3.6,7.3.8, .1. 8.3.1 9.2 9.4 9.5.1,9.8.4,9.9.1,13.5.2,1 .2.2,14.2.4 Architect's Inspections 4.2.2,4.2.9,4.3.4,9.4.2,9.83, .9.2,9.10.1, 13.5 Architect's Instructions 3.2.3,3.3.1,4.2.6,4.2.7,4.28, .4.1,12.1,13.5.2 Architect's Interpretations ,.",,- 4.2.11,4.2.12,4.3.6 Architect's Project Represe 4.2.10 Architect's Relationship wit C tractor 1.1.2,1.6,3.1.3,3.2.1,3.2.2 3..3,3.3.1, .4. ,3.5.1, 3.7.3,3.10,3.11,3.12,3.16'13.1 ,4.1.2,4 .3,4.2, 4.3.4,4.4.1,4.4.7,5.2,6.2.2117, . .,' . , .3, . , 9.5,9.7,9.8,9.9, 10.2.6, 10 3,U.J 13.4.2, 13.5 Architect's Relationship with Subcontractors 1.1.2,4.2.3,4.2.4,4.2.6, 9.6.3, 9.6.4, 11.4.7 Architect's Representations 9.4.2,9.5.1,9.10.1 Architect's Site Visits 4.2.2,4.2.5,4.2.9,4.3.4, 9.4 13.5 Asbestos 10.3.1 Attorneys' Fees 3.18.1,9.10.2,10.3.3 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts an 0 Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1,1.1.7,5.2.1,11.5.1 Boiler and Machinery Ins 11.4.2 Bonds, Lien 9.10.2 Bonds, Performance, and Pa 7.3.6.4,9.6.7,9.10.3, 11.4.9 Building Permit 3.7.1 Capitalization 1.3 Certificate of Substantial C pletion 9.8.3,9.8.4,9.8.5 Certificates for Payment .r~ // AlA Document A20J.- - 1997. Copyright <> 1911, J.9J.5, 19J.8, J.925, J.937 , 1951, 1958, 1961, J.963, 1966, 1967, 1970, 1976, J.987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA'~' Document is protected by u.s. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA~ Document, or any portion of it, may result in severe 2 civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 10:38:26 on 10/29/2004 under Order No.l000140116_1 which expires on 10/6/2005, and is not for resale. User NoteSI (2873950869) 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7.1,9.10.1, 9.10.3,13.7,14.1.1.3,14.2.4 Certificates of Inspection, Testing or Approval 13.5.4 Certificates of Insurance 9.10.2,11.1.3 Change Orders 1.1.1,2.4.1,3.4.2, 3.8.2.3, 3.11.1, 3.12.8,4.2.8,4.3.4, 4.3.9,5.2.3,7.1,7.2,7.3,8.3.1,9.3.1.1,9.10.3, 11.4.1.2,11.4.4,11.4.9,12.1.2 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 3.11,4.2.8, 7, 8.3.1,9.3.1.1, 11.4.9 Claim, Definition of 4.3.1 Claims and Disputes 3.2.3,4.3,4.4,4.5,4.6,6.1.1,6.3,7.3.8,9.3.3,9.10.4, 10.3.3 Claims and Timely Assertion of Claims 4.6.5 Claims for Additional Cost 3.2.3,4.3.4,4.3.5,4.3.6,6.1.1,7.3.8, 10.3.2 Claims for Additional Time 3.2.3,4.3.4,4.3.7,6.1.1,8.3.2,10.3.2 Claims for Concealed or Unknown Conditions 4.3.4 Claims for Damages 3.2.3,3.18,4.3.10,6.1.1,8.3.3,9.5.1,9.6.7,10.3.3, 11.1.1,11.4.5,11.4.7,14.1.3,14.2.4 Claims Subject to Arbitration 4.4.1, 4.5.1, 4.6.1 Cleaning Up 3.15, 6.3 Commencement of Statutory Limitation Period 13.7 Commencement of the Work, Conditions Relating to 2.2.1,3.2.1,3.4.1,3.7.1,3.10.1,3.12.6,4.3.5,5.2.1, 5.2.3,6.2.2,8.1.2,8.2.2,8.3.1,11.1, 11.4.1,11.4.6, 11.5.1 Commencement of the Work, Definition of 8.1.2 Communications Facilitating Contract Administration 3.9.1,4.2.4 Completion, Conditions Relating to 1.6.1,3.4.1,3.11,3.15,4.2.2,4.2.9,8.2,9.4.2,9.8, 9.9.1,9.10, 12.2, 13.7, 14.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 4.2.9,8.1.1,8.1.3,8.2.3,9.4.2,9.8,9.9.1,9.10.3, 9.10.4.2,12.2,13.7 Compliance with Laws 1.6.1,3.2.2,3.6,3.7,3.12.10,3.13,4.1.1,4.4.8,4.6.4, 4.6.6,9.6.4, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3 Concealed or Unknown Conditions 4.3.4,8.3.1,10.3 Conditions of the Contract 1.1.1, 1.1.7,6.1.1,6.1.4 Consent, Written 1.6,3.4.2,3.12.8,3.14.2,4.1.2,4.3.4,4.6.4,9.3.2, 9.8.5,9.9.1,9.10.2,9.10.3,11.4.1, 13.2,13.4.2 CONSTRUCTION BY 0 r' R OR BY SEPARATE CONTRACT R 1.1.4, 6 Construction Change DireCive, efmition of 7.3.1 Construction Change Dire tiv 1.1.1,3.12.8,4.2.8,4.3.9, 7. ,7 ,9.3.1.1 Construction Schedules, Co tra tor's 1.4.1.2,3.10,3.12.1,3.12.2, .2,6.1.3 Contingent Assignment of ubcontracts 5.4,14.2.2.2 R i.~~;inuing Contract perfrm.. nee Contract, Defmition of I i 1.1.2 . i CONTRACT, TERMINA I . OR SUSPENSION OF THE 5.4.1.1,11.4.9,14 Contract Administration 3.1.3,4,9.4,9.5 Contract A ward and Execution, Conditions Re to 3.7.1,3.10,5.2,6.1, 11.1.3, 11.4 Contract Documents, The 1.1, 1.2 Contract Documents, Copies 1.6, 2.2.5, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 3.8,4.3.4,4.3.5, 4.4.5, 5.2.3',7)~.,;;;, -:3''''7':4, "~,~..1,,, 974.2, ./ 9.5.1.4,9.6.7,9.7, 10.3.2, 11.'.1,~,.~.1.;,,~, 1~.~.2 ........ i~ntract Sum, Definition of ((' "\l Contract Time I I 4.3.4,4.3.7,4.4.5,5.2.3, 7.2 1.3.7.3, 7.4, 1.1. 8.2, 8.3.1,9.5.1,9.7,10.3.2,12. .1, 14.3.2 Contract Time, Definition 0 8.1.1 CONTRACTOR 3 Contractor, Definition of 3.1,6.1.2 Contractor's Construction 1.4.1.2,3.10,3.12.1,3.12.2, Contractor's Employees 3.3.2,3.4.3,3.8.1,3.9,3.18. ,4 .3,4.2.6,10.2,10.3, 11.1.1,11.4.7,14.1,14.2.1. ., Contractor's Liability Ins ra e 11.1 I Contractor's Relationship with Separate Contracto and Owner's Forces AIA Document A201N - 1997. Copyright .. 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING I This AIA'f' Document is protected by U.s. Copyright Law and International Treaties. unauthorized reproduction or distribution of this AIA't Document, or any portion of itl may result in severe 3 civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 10:38:26 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User Notes. (2873950869) 3.12.5, 3.14.2, 4.2.4, 6, 11.4.7, 12.1.2, 12.2.4 Contractor's Relationship with Subcontractors 1.2.2,3.3.2,3.18.1,3.18.2,5,9.6.2,9.6.7,9.10.2, 11.4.1.2, 11.4.7, 11.4.8 Contractor's Relationship with the Architect 1.1.2,1.6,3.1.3,3.2.1,3.2.2,3.2.3,3.3.1,3.4.2,3.5.1, 3.7.3,3.10,3.11,3.12,3.16,3.18, 4.1.2,4.1.3,4.2, 4.3.4,4.4.1,4.4.7,5.2,6.2.2,7,8.3.1,9.2,9.3,9.4, 9.5,9.7,9.8,9.9, 10.2.6, 10.3, 11.3, 11.4.7, 12, 13.4.2, 13.5 Contractor's Representations 1.5.2,3.5.1,3.12.6,6.2.2,8.2.1,9.3.3,9.8.2 Contractor's Responsibility for Those Performing the Work 3.3.2,3.18,4.2.3,4.3.8,5.3.1,6.1.3,6.2,6.3,9.5.1, 10 Contractor's Review of Contract Documents 1.5.2,3.2,3.7.3 Contractor's Right to Stop the Work 9.7 Contractor's Right to Terminate the Contract 4.3.10, 14.1 Contractor's Submittals 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,7.3.6,9.2,9.3, 9.8.2,9.8.3,9.9.1,9.10.2,9.10.3, 11.1.3,11.5.2 Contractor's Superintendent 3.9, 10.2.6 Contractor's Supervision and Construction Procedures 1.2.2,3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 4.3.3, 6.1.3, 6.2.4,7.1.3,7.3.4,7.3.6,8.2,10,12,14 Contractual Liability Insurance 11.1.1.8, 11.2, 11.3 Coordination and Correlation 1.2,1.5.2,3.3.1,3.10,3.12.6,6.1.3,6.2.1 Copies Furnished of Drawings and Specifications 1.6, 2.2.5, 3.11 Copyrights 1.6,3.17 Correction of Work 2.3,2.4,3.7.4,4.2.1,9.4.2,9.8.2,9.8.3,9.9.1,12.1.2, 12.2,13.7.1.3 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.6 Costs 2.4,3.2.3,3.7.4,3.8.2,3.15.2,4.3,5.4.2,6.1.1,6.2.3, 7.3.3.3,7.3.6,7.3.7,7.3.8,9.10.2,10.3.2,10.5,11.3, 11.4,12.1,12.2.1,12.2.4,13.5,14 Cutting and Patching 6.2.5,3.14 Damage to Construction of Owner or Separate Contractors 3.14.2,6.2.4,9.2.1.5, 10.2.1.2, 10.2.5, 10.6, 11.1, 11.4, 12.2.4 Damage to the Work 3.14.2,9.9.1,10.2.1.2,10.2.5,10.6,11.4,12.2.4 Damages, Claims for 3.2.3,3.18,4.3.10,6.1.1,8.3.3,9.5.1,9.6.7,10.3.3, 11.1.1,11.4.5,11.4.7,14.1.3,14.2.4 Damages for Delay 6.1.1,8.3.3,9.5.1.6,9.7,10.3.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Comple on Definition of 8.1.3 Day, Defmition of 8.1.4 Decisions of the Architect 4.2.6,4.2.7,4.2.11,4.2.12, .2. ,4.3.4,4.4.1,4.4.5, 4.4.6,4.5,6.3,7.3.6, 7.3.8, ~.1. 8.3.1,9.2,9.4, 9.5.1,9.8.4,9.9.1,13.5.2,1 14.2.4 Decisions to Withhold Certi Ication 9.4.1,9.5,9.7,14.1.1.3 Defective or Nonconformi ., W rk, Acce~4e, Rejection and Correction ofi I I 2.3,2.4,3.5.1,4.2.6, 6.2.5, ~.5. 9.5.2,9. :.6, , .8.2, 9.9.3,9.10.4,12.2.1,13.7.1.8 Defective Work, Definition If 3.5.1 Definitions 1.1,2.1.1,3.1,3.5.1,3.12.1,3.12.2,3.12.3,4.1.1, 4.3.1,5.1,6.1.2,7.2.1,7.3.1,7.3.6,8.1, 9.1,9.8.1 .,,,,,, Delays and Extensions of Time ' '~ 3.2.3,4.3.1,4.3.4,4.3.7,4.4.5, 5.2.3, ~.1, f""" 7.4.1,8.3,9.5.1,9.7.1,10.3.2, 1 .,14.3. Disputes 4.1.4,4.3,4.4,4.5,4.6, 6.3, .3. Documents and Samples at 3.11 Drawings, Defmition of 1.1.5 Drawings and Specifications, Use and Ownership of 1.1.1,1.3,2.2.5,3.11,5.3 Effective Date ofInsurance ~~i:ii+;:4L1.2 j r Employees, Contractor's 3.3.2,3.4.3,3.8.1,3.9,3.18. ,42.3,4.2.6, 11.1.1,11.4.7,14.1,14.2.1. Equipment, Labor, Materialt and 1.1.3,1.1.6,3.4,3.5.1,3.8.2, 3.8.3, 3.12, 3.t3~1"5~ , 4.2.6,4.2.7,5.2.1,6.2.1,7.3.6, 9.3.2,9.3.3,9.5.1.3, 9.10.2,10.2.1,10.2.4, 14.2.1.2 --%'~""'" Execution and Progress of the rk " 1.1.3,1.2.1,1.2.2,2.2.3,2.2.5 3.1 . ~3.4,3.5,"3:~",.\ \ 3.10,3.12,3.14,4.2.2,4.2.3 4.3 ,6.2.2,7.1.3 7.3.4 8.2,9.5,9.9.1,10.2,10.3,1 .2, 4.2,14.3 Extensions of Time 3.2.3,4.3.1,4.3.4,4.3.7,4.4 5, 9.5.1,9.7.1,10.3.2,10.6.1, 4.3 Failure of Payment 4.3.6,9.5.1.3,9.7,9.10.2, 1 .I.:+...a',<o}4+}'.~, Faulty Work AlA Document A201N - 1997. Copyright Cl 1911. 1915. 1918. 1925. 1937. 1951. 1958. 1961. 1963. 1966. 1967. 1970. 1976. 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA~' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA'>) Document, or any portion of it, may result in severe 4 civil and criminal penalties, and will be prosecuted to the max~ extent possible under the law. This draft was produced by AlA software at 10:38:26 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User Notes. (2873950869) (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1,4.2.9,4.3.2,9.8.2,9.10, 11.1.2, 11.1.3, 11.4.1, 11.4.5,12.3.1,13.7,14.2.4,14.4.3 Financial Arrangements, Owner's 2.2.1,13.2.2,14.1.1.5 Fire and Extended Coverage Insurance 11.4 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials 10.2.4,10.3, 10.5 Identification of Contract Documents 1.5.1 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17,3.18,9.10.2,10.3.3,10.5,11.4.1.2,11.4.7 Information and Services Required of the Owner 2.1.2,2.2,3.2.1,3.12.4,3.12.10,4.2.7,4.3.3,6.1.3, 6.1.4,6.2.5,9.3.2,9.6.1,9.6.4,9.9.2,9.10.3,10.3.3, 11.2,11.4,13.5.1,13.5.2,14.1.1.4,14.1.4 Injury or Damage to Person or Property 4.3.8,10.2,10.6 Inspections 3.1.3,3.3.3,3.7.1,4.2.2,4.2.6,4.2.9,9.4.2,9.8.2, 9.8.3,9.9.2,9.10.1,12.2.1,13.5 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.2.3,3.3.1,3.8.1,4.2.8,5.2.1,7,12,8.2.2,13.5.2 Insurance 3.18.1,6.1.1,7.3.6,8.2.1,9.3.2,9.8.4,9.9.1,9.10.2, 9.10.5,11 Insurance, Boiler and Machinery 11.4.2 Insurance, Contractor's Liability 11.1 Insurance, Effective Date of 8.2.2,11.1.2 Insurance, Loss of Use 11.4.3 Insurance, Owner's Liability 11.2 Insurance, Project Management Protective Liability 11.3 Insurance, Property 10.2.5, 11.4 Insurance, Stored Materials 9.3.2, 11.4.1.4 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1,11.4.1.5 Insurance Companies, Settlement with 11.4.10 Intent of the Contract Documents 1.2.1,4.2.7,4.2.12,4.2.13,7.4 Interest 13.6 Interpretation 1.2.3,1.4,4.1.1,4.3.1,5.1, 1. 8.1.4 Interpretations, Written 4.2.11,4.2.12,4.3.6 Joinder and Consolidation 0 Claims Required 4.6.4 Judgment on Final Award 4.6.6 Labor and Materials, Equ nt 1.1.3,1.1.6,3.4,3.5.1,3.8.2, .3,3.12,3.13,3.15.1, 42.6,4.2.7,5.2.1,6.2.1, 7.3.fl.3.2, 9.3.3 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2. .2 Labor Disputes 8.3.1 ! Laws and Regulations I l 1.6,3.2.2,3.6,3.7, 3.12.10, ~.131, 4.1.1, 4. .8, .6, 9.6.4,9.9.1,10.2.2,11.1, 1(4, 1~3:T:-'r3'~4';13. 13.5.2, 13.6, 14 Liens 2.1.2,4.4.8, 8.2.2, 9.3.3, 9.10 Limitation on Consolidation or Joinder 4.6.4 Limitations, Statutes of 4.6.3, 12.2.6, 13.7 Limitations of Liability I 2.3,3.2.1,3.5.1,3.7.3,3.12. ..1 , I 4.2.6,4.2.7,4.2.12,6.2.2,9.4.2,9.6., .7, 9. O.~"", 10.3.3, 10.2.5, 11.1.2, 11.2.1, 11.4.7, 12.2.5, ",' Limitations of Time 2.1.2,2.2,2.4,3.2.1,3.7.3,3.1,0,3.11,3.12.5,3.15.1, ,-"1 4.2.7,4.3,4.4,4.5,4.6, 5.2, 5."",.~.,$""4,~",.",,4;,,,~., 7.,,3..' 7.4,T' ,/,.# ) 8.2,9.2,9.3.1,9.3.3,9.4.1, 91' 9.~JJ,2~, 9. , .9, /""" i-}~: ~~.1.3, 11.4.1.5, 11.4.~f Ill"UO, 12}" 1 ",Y/ Loss of Use Insurance Ui ' ~~~;~al Suppliers I 1.6,3.12.1,4.2.4,4.2.6,5.2. ,9 ' , Materials, Hazardous 10.2.4, 10.3, 10.5 Materials, Labor, Equipment and 1.1.3,1.1.6,1.6.1,3.4, 3.5.1, 3.8.2:~ 3.15.1,4.2.6,4.2.7,5.2.1, 6.2.1 '~3.6~~ ,.,",,""\' 9.5.1.3,9.10.2,10.2.1, 10.2.4 4.~ ." '" \ Means, Methods, Technique, srtuences and Procedures of Construction I 3.3.1,3.12.10,4.2.2,4.2.7, .4.' Mechanic's Lien 4.4.8 Mediation 4.4.1, 4.4.5, 4.4 .6, 4.4.8, 4.5,:6':"1,4:672,-&:3':"1,1 Minor Changes in the Work AlA Document A201~ - 1997. Copyright C> 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING I This AlA" Document is protected by u.s. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA"t Document, or any portion of it, may result in severe 5 civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 10:38:26 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User Notesl (2873950869) 1.1.1,3.12.8,4.2.8,4.3.6,7.1,7.4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1,1.1.2,3.7.3,3.11,4.1.2,4.2.1,5.2.3,7,8.3.1, 9.7,10.3.2,11.4.1 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6,9.9.3, 12.3 Nonconforming Work, Rejection and Correction of 2.3,2.4,3.5.1,4.2.6,6.2.5,9.5.1,9.8.2,9.9.3,9.10.4, 12.2.1,13.7.1.3 Notice 2.2.1,2.3,2.4,3.2.3,3.3.1,3.7.2,3.7.4,3.12.9,4.3, 4.4.8,4.6.5,5.2.1,8.2.2,9.7,9.10,10.2.2,11.1.3, 11.4.6, 12.2.2, 12.2.4, 13.3, 13.5.1, 13.5.2, 14.1, 14.2 Notice, Written 2.3,2.4,3.3.1,3.9,3.12.9,3.12.10,4.3,4.4.8,4.6.5, 5.2.1,8.2.2,9.7,9.10,10.2.2,10.3, 11.1.3,11.4.6, 12.2.2, 12.2.4, 13.3, 14 Notice of Testing and Inspections 13.5.1, 13.5.2 Notice to Proceed 8.2.2 Notices, Permits, Fees and 2.2.2,3.7,3.13,7.3.6.4,10.2.2 Observations, Contractor's 1.5.2,3.2,3.7.3,4.3.4 Occupancy 2.2.2,9.6.6,9.8, 11.4.1.5 Orders, Written 1.1.1,2.3,3.9,4.3.6,7,8.2.2,11.4.9,12.1,12.2, 13.5.2, 14.3.1 OWNER 2 Owner, Definition of 2.1 Owner, Information and Services Required of the 2.1.2,2.2,3.2.1,3.12.4,3.12.10,4.2.7,4.3.3,6.1.3, 6.1.4,6.2.5,9.3.2,9.6.1,9.6.4,9.9.2,9.10.3, 10.3.3, 11.2,11.4,13.5.1,13.5.2,14.1.1.4,14.1.4 Owner's Authority 1.6,2.1.1,2.3,2.4,3.4.2,3.8.1,3.12.10,3.14.2,4.1.2, 4.1.3,4.2.4,4.2.9,4.3.6,4.4.7, 5.2.1,5.2.4,5.4.1, 6.1,6.3,7.2.1,7.3.1,8.2.2,8.3.1,9.3.1,9.3.2,9.5.1, 9.9.1,9.10.2, 10.3.2,11.1.3,11.3.1,11.4.3,11.4.10, 12.2.2, 12.3.1, 13.2.2, 14.3, 14.4 Owner's Financial Capability 2.2.1,13.2.2,14.1.1.5 Owner's Liability Insurance 11.2 Owner's Loss of Use Insurance 11.4.3 Owner's Relationship with Subcontractors 1.1.2,5.2,5.3,5.4,9.6.4,9.10.2, 14.2.2 Owner's Right to Carry Out the Work 2.4, 12.2.4. 14.2.2.2 Owner's Right to Clean Up 6.3 Owner's Right to Perform Construction and to Award Separate Contracts 6.1 Owner's Right to Stop the 2.3 Owner's Right to Suspend 14.3 Owner's Right to Terminate 14.2 Ownership and Use of Dr and Other Instruments of er ice 1.1.1,1.6,2.2.5,3.2.1,3.11.1, .17.1,4.2.12,5.3 Partial Occupancy or Use 9.6.6,9.9, 11.4.1.5 Patching, Cutting and 3.14,6.2.5 Patents 3.17 Payment, Applications for 4.2.5, 7.3.8, 9.2, 9.3, 9.4, 9. ~l,Jl.6.J.,...9..:U 9.10.1,9.10.3,9.10.5,11.1.3,14.2.4,14.4.3 Payment, Certificates for 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7.1,9 9.10.3,13.7,14.1.1.3,14.2.4 Payment, Failure of 4.3.6,9.5.1.3,9.7,9.10.2, 1. .1. Payment, Final 4.2.1,4.2.9,4.3.2,9.8.2,9.1 , 11.4.5,12.3.1,13.7,14.2.4,14.4.3 Payment Bond, Performance Bond and 7.3.6.4,9.6.7,9.10.3, 11.4.9,11.5 Payments, Progress ~l~i~T~ ~~'~~~P~~\ //""'//' :ayments to Subcontractors (/-\ V /,_.0./ 5.4.2,9.5.1.3, 9.6.2, 9.6.3, 96.4 9.6.7, 11. .8, 14.2.1.2 PCB 10.3.1 Performance Bond and Pa~ment Bond 7.3.6.4,9.6.7, 9.10.3, 11.4.9~.tt: Permits, Fees and Notices 2.2.2,3.7,3.13,7.3.6.4,10.2.2 PERSONS AND PROPERTY OF 10 Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Sample, OJ'" 3.11,3.12,4.2.7 AIA Document A201N - 1997. Copyright <> 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNINGs This AIA'" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA.~ Document, or any portion of it, may result in severe 6 civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 10:38:26 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User Notesl (2873950869) Progress and Completion 4.2.2,4.3.3,8.2,9.8,9.9.1, 14.1.4 Progress Payments 4.3.3,9.3,9.6,9.8.5,9.10.3, 13.6, 14.2.3 Project, Defmition of the 1.1.4 Project Management Protective Liability Insurance 11.3 Project Manual, Definition of the 1.1.7 Project Manuals 2.2.5 Project Representatives 4.2.10 Property Insurance 10.2.5, 11.4 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.6,3.2.2,3.6,3.7,3.12.10,3.13,4.1.1,4.4.8,4.6, 9.6.4,9.9.1,10.2.2,11.1,11.4,13.1, 13.4,13.5.1, 13.5.2, 13.6, 14 Rejection of Work 3.5.1,4.2.6,12.2.1 Releases and Waivers of Liens 9.10.2 Representations 1.5.2,3.5.1,3.12.6,6.2.2,8.2.1,9.3.3,9.4.2,9.5.1, 9.8.2,9.10.1 Representatives 2.1.1,3.1.1,3.9,4.1.1,4.2.1,4.2.10,5.1.1,5.1.2, 13.2.1 Resolution of Claims and Disputes 4.4, 4.5, 4.6 Responsibility for Those Perfonmng the Work 3.3.2,3.18,4.2.3,4.3.8,5.3.1,6.1.3,6.2,6.3,9.5.1, 10 Retainage 9.3.1,9.6.2,9.8.5,9.9.1,9.10.2,9.10.3 Review of Contract Documents and Field Conditions by Contractor 1.5.2,3.2,3.7.3,3.12.7,6.1.3 Review of Contractor's Submittals by Owner and Architect 3.10.1,3.10.2,3.11,3.12,4.2,5.2,6.1.3,9.2,9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1.1.2,2.3,2.4,3.5.1,3.15.2,4.2.6,4.3.4,4.5,4.6,5.3, 5.4,6.1,6.3,7.3.1,8.3,9.5.1,9.7, 10.2.5,10.3, 12.2.2, 12.2.4, 13.4, 14 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 4.6.2 Safety of Persons and Property 10.2,10.6 Safety Precautions and Programs 3.3.1,4.2.2,4.2.7,5.3.1,10.1,10.2,10.6 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11,3.12,4.2.7 Samples at the Site, Docu and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, 1.4.1.2, 3.10, 3.Constructio 6.1.3 Separate Contracts and Con ac rs 1.1.4,3.12.5,3.14.2,4.2.4,4. .7,4.6.4,6,8.3.1, 11.4.7, 12.1.2, 12.2.5 Shop Drawings, Definition 3.12.1 Shop Drawings, Product 3.11,3.12,4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 1.2.2,3.2.1,3.3.3,3.7.1,4.2,4.3.4,9.4.2,9.10.1,13.5 Site Visits, Architect's 4.2.2,4.2.9,4.3.4,9.4.2,9.5.1,9.9.2,9.10.1, 13 Special Inspections and Testing 4.2.6, 12.2.1, 13.5 Specifications, Definition 0 1.1.6 Specifications, The 1.1.1,1.1.6,1.1.7, 1.2.2, 1.6,3.11,3. Statute of Limitations 4.6.3, 12.2.6, 13.7 Stopping the Work 2.3,4.3.6,9.7,10.3,14.1 Stored Materials 6.2.1,9.3.2, 10.2.1.2, Subcontractor, Definition 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2,3.3.2,3.12.1,4.2.3,5. .3,5.3,5.4,9.3.1.2, 9.6.7 Sub contractual Relations 5.3,5.4,9.3.1.2,9.6,9.1010.2.1, 9.4.*,q" rtt:4':8;'t"~",,, 14.2.1, 14.3.2 ,1/'" ,~W"W'''''''''''''''''''''''.."." Submittals I '''''''''" 1.6,3.10,3.11,3.12,4.2.7, r.... .1 .2.3,7.3.6,9.2, 'I.... 9.3,9.8,9.9.1,9.10.2,9.10. , 1 1.3 Subrogation, Waivers of 6.1.1, 11.4.5, 11.4.7 Substantial Completion I 4.2.9,8.1.1,8.1.3,8.2.3,9.42,9.8,9.9.1,9.10.3, I 9.10.4.2, 12.2, 13.7. ~~..,,-~ Substantial Completion, Definition of AIA Document A201N - 1997. Copyright "1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING * This AlA'!' Document is protected by u.s. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'~ Document. or any portion of it, may result in severe 7 civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 10:38:26 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User Notes. (2873950869) 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 4.1.3 Substitutions of Materials 3.4.2,3.5.1,7.3.7 Sub-subcontractor, Definition of 5.1.2 Subsurface Conditions 4.3.4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.2,3.3,3.4,3.12.10,4.2.2,4.2.7,4.3.3,6.1.3, 6.2.4,7.1.3,7.3.6,8.2,8.3.1,9.4.2,10, 12,14 Surety 4.4.7,5.4.1.2,9.8.5,9.10.2,9.10.3,14.2.2 Surety, Consent of 9.10.2,9.10.3 Surveys 2.2.3 Suspension by the Owner for Convenience 14.4 Suspension of the Work 5.4.2, 14.3 Suspension or Termination of the Contract 4.3.6,5.4.1.1, 11.4.9, 14 Taxes 3.6,3.8.2.1,7.3.6.4 Termination by the Contractor 4.3.10,14.1 Termination by the Owner for Cause 4.3.10,5.4.1.1,14.2 Termination of the Architect 4.1.3 Termination of the Contractor 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3,3.3.3,4.2.2,4.2.6,4.2.9,9.4.2,9.8.3,9.9.2, 9.10.1,10.3.2,11.4.1.1,12.2.1,13.5 TIME 8 Time, Delays and Extensions of 3.2.3,4.3.1,4.3.4,4.3.7,4.4.5,5.2.3,7.2.1,7.3.1, 7.4.1,8.3,9.5.1,9.7.1,10.3.2, 10.6.1,14.3.2 Time Limits 2.1.2,2.2,2.4,3.2.1,3.7.3,3.10,3.11,3.12.5,3.15.1, 4.2,4.3,4.4,4.5,4.6,5.2,5.3,5.4, 6.2.4, 7.3, 7.4, 8.2,9.2,9.3.1,9.3.3,9.4.1,9.5,9.6,9.7,9.8,9.9, 9.10, 11.1.3, 11.4.1.5, 11.4.6, 11.4.10, 12.2, 13.5, 13.7, 14 Time Limits on Claims 4.3.2, 4.3.4, 4.3.8, 4.4, 4.5, 4.6 Title to Work 9.3.2,9.3.3 UNCOVERING AND CO CTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions 4.3.4,8.3.1,10.3 Unit Prices 4.3.9, 7.3.3.2 Use of Documents 1.1.1, 1.6,2.2.5,3.12.6,5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Ar hitec 13.4.2 Waiver of Claims by the Contractor 4.3.10,9.10.5,11.4.7,13.4.2 Waiver of Claims by the Owner 4.3.10, 9.9.3, 9.10.3, 9.10.4, 11.4.3, 11. 12.2.2.1, 13.4.2, 14.2.4 Waiver of Consequential 4.3.10, 14.2.4 Waiver of Liens 9.10.2,9.10.4 Waivers of Subrogation 6.1.1, 11.4.5, 11.4.7 Warranty 3.5, 4.2.9, 4.3.5.3, 9.3.3, 9.8.4, 9JM,'9:-1-0.4, 12.2.2, 13.7.1.3 /' .'" / Weather Delays 4.3.7.2 Work, Definition of 1.1.3 Written Consent 1.6,3.4.2,3.12.8,3.14.2,4. .2, 9.1.2. 9.8.5,9.9.1,9.10.2,9.10.3, 1.4.1, 13.2,13.4.2 Written Interpretations 4.2.11,4.2.12,4.3.6 Written Notice ~. '" 2.3,2.4,3.3.1,3.9,3.12.9,3.12. ,4.3,4.4 4.6.5"'-", 5.2.1,8.2.2,9.7,9.10,10.2.2, 0.3 .1.3,11.4.6, 12.2.2, 12.2.4, 13.3, 14 Written Orders 1.1.1,2.3,3.9,4.3.6,7,8.2. ,1 4.9,12.1,12.2, 13.5.2, 14.3.1 AlA Document A201~ - 1997. Copyright .. 1911. 1915. 1918. 1925. 1937. 1951. 1958. 1961. 1963. 1966. 1967. 1970. 1976. 1987 and 1997 by The American Institute of Architects. All right. reserved. WARNINQI This AIA~' Document is protected by u.s. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA~ Document. or any portion of it. may result in severe 8 civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 10:38:26 on 10/29/2004 under Order No.l000140116_1 which expires on 10/6/2005, and is not for resale. User Note.. (2873950869) ARTICLE 1 GENERAL PROVISIONS ~ 1.1 BASIC DEFINITIONS ~ 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signe both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor chan e' the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents d n~f. include other documents such as bidding requirements (advertisement or invitation to bid, Instructions toBi ' ers sam Ie forms the Contractor's bid or portions of Addenda relating to bidding requirements). ~ 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the e tir and integrated agreement between the parties hereto and supersedes prior negotiations, representations or ments, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (I) between the Architect and cof'trir1'tor, (2) between the Owner and a Subcontractor or Sub-subcontractor, (3) between the Owner and Architect or 4) etween a p rsons or entities other than the Owner and Contractor. The Architect shall, however, be entitled t pe formance n enforcement of obligations under the other's Contract intended to facilitate performance of e j, rchitect' du l'es. ~ 1.1.3 THE WORK I L I The term "Work" means the construction and services required by the Contract Documentsl whe't er completil'a or partially completed, and includes all other labor, materials, equipment and services provideli.oLiobe.pr01lided. the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. ~ 1.1.6 THE SPECIFICATIONS The Specifications a<e that portion of the Contract Docnrnents cons;,ling of the written <eq"", ement, fm mat",erials,." ~"'" equipment, systems, standards and workmanship for the Work, and performance of related ,', ~". .."""", ""'. ..J ~ 1.1.7 THE PROJECT MANUAL / /"#"-"'''''\ \.!.0'/~" The Project Manual is a volume assembled for the Work which may include the bidding re4uir' ments, s pl~ ".. forms, Conditions of the Contract and Specifications. ~c ~ 1.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may or a part and which may include construction by the Owner or by separate contractors. ~ 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Contract Documents showing the , 10 dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagra ~ 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS ~ 1.2.1 The intent of the Contract Documents is to include all items necessary for the prope ex completion of the Work by the Contractor. The Contract Documents are complementary, a d what is required by one shall be as binding as if required by all; performance by the Contractor shall be require consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. .....,,..,,.,.,,...,,-_..~ ~ 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangemFe r.;; awing' ~ control the Contractor in dividing the Work among Subcontractors or in establishing the ex nt Work to be \, performed by any trade. 11 I ~ ~ 1.2.3 Unless otherwise stated in the Contract Documents, words which have well-known c 'cal or construction industry meanings are used in the Contract Documents in accordance with such recognized me nin s. AlA Docu.m.ent A201~ - 1997. Copyright ., 1911. 1915. 1918. 1925. 1937. 1951. 1958. 1961. 1963. 1966. 1967. 1970. 1976. 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNINGJ This AIA~' Document is protected by tT.S. Copyright Law and International Treaties. Unauthorized reprOduction or distribution of this AlA'" Document, or any portion of it, may result in severe 9 civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 10:38:26 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User Notes. (2873950869) ~ 1.3 CAPIT AUZA TION ~ 1.3.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of numbered articles or (3) the titles of other documents published by the American Institute of Architects. ~ 1.4 INTERPRETATION ~ 1.4.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from atement and appears in another is not intended to affect the interpretation of either statement. ~ 1.5 EXECUTION OF CONTRACT DOCUMENTS ~ 1.5.1 The Contract Documents shall be signed by the Owner and Contractor. If either the wner or Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsigned Do 'u pOTI"reques . ~ 1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor h s v ited the site, become generally familiar with local conditions under which the Work is to be performed orrelated personal observations with requirements of the Contract Documents. ~ 1.6 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS ~ 1.6.1 The Drawings, Specifications and other documents, including those in electronic fo repared b Architect and the Architect's consultants are Instruments of Service through which the W Oi. t e execu d It the Contractor is described. The Contractor may retain one record set. Neither the Contractor 'r y Subco a! or, Sub-subcontractor or material or equipment supplier shall own or claim a copyright in the ra 'ngs, Spe ifi tions and other documents prepared by the Architect or the Architect's consultants, and unless 0 erWlse III lca ed e Architect and the Architect's consultants shall be deemed the authors of them and will retai ~a1l.c statutory and other reserved rights, in addition to the copyrights. All copies of Instruments of Service, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion the Work. The Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants, and copies thereof furnished to the Contractor, are for use solely with respect to this Proje9,t..;r eyare not to be used by the Contractor or any Subcontractor, Sub-subcontractor or material or equipment'Suppliej;,.9n"oth r projects or for additions to this Project outside the scope of the Work without the specific wfftten c .sent~fth Owner, Architect and the Architect's consultants, The Contractor, Subcontractors, Sub-sub on and mat ria or equipment suppliers are authorized to use and reproduce applicable portions of the DrawIll eci I other documents prepared by the Architect and the Architect's consultants appropriate to and for use e executi of their Work under the Contract Documents. All copies made under this authorization shall bear the statuto copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect an the Architect's consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the ArChit~.ect'", . r'*to 't,e" ct's consultants' copyrights or other reserved rights. ARTICLE 2 OWNER ' n ~ 2.1 GENERAL · I I ~ 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referre4 to fbroughou*he Contract Documents as if singular in number. The Owner shall designate in writing a repre enttive who tal have express authority to bind the Owner with respect to all matters requiring the Owner's appro al 1: authori:<; tio Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. he term "Owner" means the Owner or the Owner's authorized representative. ~ 2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written req~n."""", necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien"rghts. ,~ ",-,,,, information shall include a correct statement of the record legal title to the property on whicr/the,r15Ject is locate , \\ usually referred to as the site, and the Owner's interest therein., I '\', ,j , ~ ~ 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER ~ 2.2.1 The Owner shall, at the written request of the Contractor, prior to commencement 0 the Work and thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made fill the Owner's obligations under the Contract. Furnishing of such evidence shall be a condition precedent, 0 commencement or continuation of the Work. After such evidence has been furnished, the Owner shall not material~ry"Sue financial arrangements without prior notice to the Contractor. Unless such reasonable evidence is furnished. the AXA Document A201N - 1997. Copyright <> 1911. 1915. 1918. 1925. 1937. 1951. 1958. 1961. 1963. 1966. 1967. 1970. 1976. 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNINGJ This AlA!' Document is protected by u.s. Copyright Law and International Treaties. Unauthorized reprOduction or distribution of this AIA~ Document. or any portion of it, may result in severe 10 civil and criminal penalties. and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 10:38:26 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User Notesl {2873950869} Contractor is not required to commence or continue any Work or may. if such evidence is not presented in a reasonable time. stop the Proiect upon fifteen (15) days notice to the Owner. ~ 2.2.2 Except for permits and fees, including those required under Section 3.7.1, which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. ~ 2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitation '. n utility locations for the site of the Project, soil reports and subsurface investigations, and a legal description of~e Ote. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall eXfrcise proper precautions relating to the safe performance of the Work. I ! ~ 2.2.4 Information or services required of the Owner by the Contract Documents shall be 0 hed by the Owner with reasonable promptness. Any other information or services relevant to the Contractor's e under the Owner's control shall be furnished by the Owner after receipt from the Contractor 0 such information or services. ~ 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnis copies of Drawings and Project Manuals as are reasonably necessary for execution of the such ~ 2.3 OWNER'S RIGHT TO STOP THE WORK ~ 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirem nts 0 e ontrac Documents as required by Section 12.2 or persistently fails to carry out Work in accordancwith...the.C.ontr Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or enti except to the extent required by Section 6.1.3. ~ 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK ~ 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the t'".Q~uments.. n fails within a seven-day period after receipt of written notice from the Owner to commence a~inii'e'OOqdtio of such default or neglect with diligence and promptness, the Owner may after such seven-day perioa'gi~,the Contractor a second written notice to correct such deficiencies within a three-day period. If the Contractor wi'thilt such three-day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case" ) the cost of correcting such deficiencies shall be charged against the Guaranteed Maximum Pric tion by the .,...,? Owner and amounts charged to the Contractor are both subject to prior approval of the Arc 0 ct. If the co of../" ,/' correcting such deficiencies exceeds the unpaid balance of the Guaranteed Maximum Price the/e:o~r s ~p, )aa~y /..... the difference to the Owner. 1".,' \".". ,/ ! I,' L1/ ARTICLE 3 CONTRACTOR ~ 3.1 GENERAL ~ 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is reu Contract Documents as if singular in number. The term "Contractor" means the Contractor authorized representative. r the Contractor's ~ 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents..~-."",....., 101 ,.,.."...,---1'''' ~ 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordanc9''wio/lre Contract i\. Documents either by activities or duties of the Architect in the Architect's administration 01.".,. the,'... '. 0 n, tract, or bY. tests, ,.'.,...... inspections or approvals required or performed by persons other than the contractor.. . ~ 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR I , ~ 3.2.1 Since the Contract Documents are complementary, before starting each portion oft ,~~z.!!ltz.s:;ontractor J shall carefully study and compare the various Drawings and other Contract Documents re11ive to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.2.3, shall ta e field measurements"() any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. AlA Document A201N - 1997. Copyright '" 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNINGJ This AIA1' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document, or any portion of it. may result in severe 11 civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 10:38:26 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User Note.. (2873950869) These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovered by the Contractor shall be reported promptly to the Architect as a request for infonnation in such form as the Architect may require. ~ 3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect, but it is recognized that the Contractor's review is made in the Contractor's capa s a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract 0 uments. The Contractor is not required to ascertain that the Contract Documents are in accordance with pp cable laws, statutes, ordinances, building codes, and rules and regulations, but any nonconformity discovered b or de known to the Contractor shall be reported promptly to the Architect. ~ 3.2.3 If the Contractor believes that additional cost or time is involved because of c1arifiC~iO or instructions issued by the Architect in response to the Contractor's notices or requests for infonnation pprs nt to Sections 3.2.1 and 3.2.2, the Contractor shall make Claims as provided in Sections 4.3.6 and 4.3.7. If the on actor fails to perform the obligations of Sections 3.2.1 and 3.2.2, the Contractor shall pay such costs and amages to the Owner as would have been avoided if the Contractor had performed such obligations. The ContractOIfsn" 1 not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the <ton act Docuf~'"ii' s or for differences between field measurements or conditions and the Contract Documents unl ,ss e Contra~tor recognized such error, inconsistency, omission or difference and knowingly failed to repo it t the Archttec ~ 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES ~ 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill Contractor shall be solely responsible for and have control over construction means, metho ues,~ue and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate t jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite of suc mean~, methods, techniques, sequences or procedures. If the Contractor det~~es that s~ch..~s;~nS' m~t~g,d&q technIques, sequences or procedures may not be safe, the Contractor shall gIve tImely wnttfti.to.tlie o~er and Architect and shall not proceed with that portion of the Work without further written i~ . 'o~~m the Architect. If the Contractor is then instructed to proceed with the required means, methods, te . ues,"'seq~12-: es r procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely res .ble for a resulting loss or damage. ~ 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portiops'ofthe',~ ork for on behalf of the Contractor or any of its Subcontractors. /'" '\, I \ ~ 3.3.3 Except as may be approved by the Owner and the Architect, the Contractor shall be tes of portions of Work already performed to determine that such portions are in proper condiln Work. ~ 3.4 LABOR AND MATERIALS ~ 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide nd pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, trai'iSpoi'fafiOii;-and'o facilities and services necessary for proper execution and completion of the Work, whether temporary or pennanent and whether or not incorporated or to be incorporated in the Work. ""'."".".'.".........-- ~ 3.4.2 The Contractor may make substitutions only with the consent of the Owner, after eva,lL ati~ and in accordance with a Change Order. r-r ~ 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor'slem.loyees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit per on or persons not skilled in tasks assigned to them. AlA Document A~OlN - 1997. Copyright .. 1911, InS, 1918, 19~5, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING I This AIA1' Document is protected by u.s. Copyright Law and International Treaties.. Unauthorized reproduction or distribution of this AlA'.': Document, or any portion of it, may result in severe 12 civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 10:38:26 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User Notes. (2873950869) ~ 3.5 WARRANTY ~ 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper sufficient maintenance, improper operation, or normal wear and tear and normal usage. If required b th Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and eq ip ent. ~ 3.6 TAXES ~ 3.6.1 The Contractor shall pay all sales, consumer, use and similar taxes for the Work pro which are legally enacted at the time the Cost of the Work is established. w ~ 3.7 PERMITS, FEES AND NOTICES ~ 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure an pay for the building permit and other permits and governmental fees, licenses and inspections necessary for pro er xecution and completion of the Work which are customarily secured after execution of the Contract and hi h are leg required when bids are received or negotiations concluded. ~ 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rul s, orders of public authorities applicable to performance of the Work. ~ 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are k.accordanc.e~ applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Archit and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. ~ 3.8 ALLOWANCES ~ 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Ite covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. /~'~'"'''.'''",..,.\/#''' " ~ 3.8.2 Unless otherwise provided in the Contract Documents: t ~ \ /"" ,,,/ .1 allowances shall cover the cost to the Contractor of materials and equipmen de vered at t e s,ze a""" all required taxes, less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site, labor, installation c sts. overhead1,pr : It and other expenses contemplated for stated allowance amounts shall be includediin .' e Contra S but not in the allowances; .3 whenever costs are more than or less than allowances, the Contract Sum sha I be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference e een ac a costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor's costs under Section 3.8.2.2. ~... 1ft .. . , ...' "~.",, ~ 3.8.3 Materials and equipment under an allowance shall be selected by the Owner in sufficrht t~Jll.(fr;;.;;;d delay'" in the Work. I ,/ ~ I ~ 3.9 SUPERINTENDENT I ~ 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants wf.", 0 s all be in attendance at the Project site during performance of the Work. The superintendent shall represent the on actor and communications given to the superintendent shall be as binding as if given to the Contract . Important communications shall be confirmed in writing. Other communications shall be similarly co ,', 11'IDed'on.writt request in each case. ~ 3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinanc:~?,);lllfldmgc2.g.e8';~n rules and regulations without such notice to the Architect and Owner, the Contractor shall sumel'rtipriate responsibility for such Work and shall bear the costs attributable to correction. AlA DocUlI18Ilt A~Ol. - 1997. Copyright <> 1911, 1915, 1918, 19~5, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987 lUld 1997 by The American Institute of Architects. All right8 reserved. WARNING I This AlA-" Document is protected by u.s. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA~ Document. or any portion of itl may result in severe 13 civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 10:38:26 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User Notesl (2873950869) ~ 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES ~ 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. ~ 3.10.2 The Contractor shall prepare and keep current, for the Architect's approval, a sche coordinated with the Contractor's construction schedule and allows the Architect reasonabl submittals. f submittals which is e to review ~ 3.10.3 The Contractor shall perform the Work in general accordance with the most recent c the Owner and Architect. ules submitted to ~ 3.11 DOCUMENTS AND SAMPLES AT THE SITE ~ 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Dra'fin" , Specifkapons, Adde~da, Change O.rders and ot~er Modifications, in good order and marked curr~ntly to r1.,~cor field Chap" ~" and selectIons made dunng constructIon, and one record copy of approved Shop Drawmgs, Propuc.. Data, Sa.' 1$ and similar required submittals. These shall be available to the Architect and shall be delivered ~o e Archite.t fd submittal to the Owner upon completion of the Work. I ~ 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 1 ~ 3.12.1 Shop Drnwing' are dmwing', d"gnu"" ",hodnle, ..d othe< d.ta ",ecially p'ep"e. fo< lho w O<k hj<..th Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. ~ 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures other information furnished by the Contractor to illustrate materials or equipment for some port. the ~ 3.12.3 Samples are physical examples which illustrate materials, equipment or workmans standards by which the Work will be judged. ~ 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The p 0 their submittal is to demonstrate for those portions of the Work for which submittals are required by the Contract Documents the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of~etion~+r2~. /'" Informational submittals upon which the Architect is not expected to take responsive action J1llly ?~~o iden~~~~Y, ,.,c"" the Contract Documents. Submittals which are not required by the Contract Documents ma .t beyeturn-ea, y V /" Architect without action. I ~ 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve an~ submit to e Architect Shop Drawings, Product Data, Samples and similar submittals required by the C tr ct Docum ts reasonable promptness and in such sequence as to cause no delay in the Work or in the acti iti SJ:! e separate contractors. Submittals which are not marked as reviewed for compliance with the ontract Documents and approved by the Contractor may be returned by the Architect without action. ~ 3.12.6 By approving and submitting Shop Drawings, Product Data, Samples and similar submitta~m1mctor".,. represents that the Contractor has determined and verified materials, field measurements anr,.d. fiel([. 1 c coon~struc"""",\. criteria related thereto, or will do so, and has checked and coordinated the information conta. ed ~in such~" submittals with the requirements of the Work and of the Contract Documents. ( ~ 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Docutf.enir~quire submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respeclive' ubmittal has been approved by the Architect. I ~ 3.12.8 The Work shall be in accordance with approved submittals except that the Contrac~ shall not be rdieved.o responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop AlA Document A201~ - 1997. Copyright <> 1911. 1915. 1918. 1925, 1937, 1951, 1958, un, 1963, 1966, 1967, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING~ This AlA'!' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA~ Document. or any portion of it, may result in severe 14 civil and criminal penalties. and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 10:38:26 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User Notes. (2873950B69) Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect's approval thereof, except for error and omissions which are within the Architect's design responsibilities. ~ 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Dr gs, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on Pt., evi us submittals. In the absence of such written notice the Architect's approval of a resubmission shall not apply to ruc revisions. i ~ 3.12.10 The Contractor shall not be required to provide professional services which const~,j te~e"'practice"'o architecture or engineering unless such services are specifically required by the Contract D .., cu~..e ents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out theon~actor's responsibilities for construction means, methods, techniques, sequences and procedures. TIt.9mtractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are speci ca required of the Contractor by the Contract Documents, the Owner and the Architect will specify all perfo n e and des gn riteria that such services must satisfy. The Contractor shall cause such services or certifications to be rovided a properly licensed design professional, whose signature and seal shall appear on all drawing, c lculations specifications, certifications, Shop Drawings and other submittals prepared by such profess;on '1. Shop Daw, gs and other submittals related to the Work designed or certified by such professional, ifprePfed y o~ers,shall bear such professional's written approval when submitted to the Architect. The Owner and the "Chi ec s "all'oe eon e to rely upon the adequacy, accuracy and completeness of the services, certifications or app~als.perfurmed.b~" design professionals, provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with informaJi given and the design concept expressed in the Contract Documents. The Contractor shall not be respon iOle"for th adequacy of the performance or design criteria required by the Contract Documents. ~ 3.13 USE OF SITE ~ 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinan Contract Documents and shall not unreasonably encumber the site with materials or equipment. ~ 3.14 CUTTING AND PATCHING ~ 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. /#'~."'.."".'" ~ 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partiky construction of the Owner or separate contractors by cutting, patching or otherwise alterin~su construc io excavation. The Contractor shall not cut or otherwise alter such construction by the Owner r separate c ntr except with written consent of the Owner and of such separate contractor; such consent sh 1 n t be unrea on ly withheld. The Contractor shall not unreasonably withhold from the Owner or a separate cotra tor the Co tra tor's consent to cutting or otherwise altering the Work. ~ 3.15 CLEANING UP ~ 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall r 've"'ft'onran~. about the Project waste materials, rubbish, the Contractor's tools, construction equipment, mac . e~and Ius ".' . 1 "'. matena s. I' '",. f I ~ 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the own].,r,T f y do so at his expense. ~ 3.16 ACCESS TO WORK ~ 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in prepa tion and progress wherever located. AlA Document A201N - 1997. Copyright ~ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987 llI1d 1997 by The American Institute of Architects. All rights reserved. WARNING I This AIA'~' Document is protected by u.s. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA~ Document * or any portion of it6 may result in severe 15 civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 10:38:26 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User Notes. (2873950869) ~ 3.17 ROYALTIES, PATENTS AND COPYRIGHTS ~ 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents. In the latter event, the Owner shall indemnify and hold the Contractor harmless on account of any such loss or damage. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyri r a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to e Architect. ~ 3.18 INDEMNIFICATION ~ 3.18.1 To the fullest extent permitted by law and to the extent claims, damages, losses or xpenses are not covered by Project Management Protective Liability insurance purchased by the Contractor in acco da . . the Contractor shall indemnify and hold harmless, to the extent authorized by law, the 0 chitect, Architect's consultants, and agents and employees of any of them from and against claims, damages, 1 sse and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of he ork, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or deat , or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by th m anyone ose acts they may be liable, regardless of whether or not such claim, damage, loss or expense i ca sed in p indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduc ot r rights 0 obligations of indemnity which would otherwise exist as to a party or person described in t is ction 3. ~ 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an e ployee 0 a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 4 ADMINISTRATION OF THE CONTRACT ~ 4.1 ARCHITECT ~ 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity law y practIcmg architecture identified as such in the Agreement and is referred to throughout the Contract oc ents a in number. The term "Architect" means the Architect or the Architect's authorized represen ati e. ~ 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in shall not be restricted, modified or extended without written consent of the Owner, Contra Consent shall not be unreasonably withheld. ~ 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a new Arcmfecf'li'gliiiisf"wnom Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the former Architect. uments, and will be Owner's ection 12.2. The ntract Documents, ~ 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT ~ 4.2.1 The Architect will provide administration of the Contract as described in the Contra an Owner's representative (1) during construction, (2) until fmal payment is due and (3) wi concurrence, from time to time during the one-year period for correction of Work describe Architect will have authority to act on behalf of the Owner only to the extent provided in t C unless otherwise modified in writing in accordance with other provisions of the Contract. 1 fi 4.2.2 Th, "'chi"c~ "a "I""entativ, of the Own"" will ""it tho ,it, at mtcrva1s apl"o . . Ie '" the ~ Contractor's operations (1) to become generally familiar with and to keep the Owner informed about the progress AlA Document A201- - 1997. Copyright <> 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNINGs This AIA1' Document is protected by u.s. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA~ Document. or any portion of it. may result in severe 16 civil and criminal penalties. and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 10:38:26 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. U.er Note.. (2873950869) and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, t as provided in Section 3.3.1. ~ 4.2.3 The Architect will not be responsible for the Contractor's failure to perform the Wor requirements of the Contract Documents. The Architect will not have control over or charg responsible for acts or omissions of the Contractor, Subcontractors, or their agents or empl ye , persons or entities performing portions of the Work. ~ 4.2.4 Communications Facilitating Contract Administration. Except as otherwise provide i e Contract Documents or when direct communications have been specially authorized, the Owner and ontractor shall endeavor to communicate with each other through the Architect about matters arising out ofilltelating to the", Contract. Communications by and with the Architect's consultants shall be through the Arcpitett. Comm~~tions by and with Subcontractors and material suppliers shall be through the Contractor. Commupic . .ons by afd tth separate contractors shall be through the Owner. I I I ~ 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment, t~e chitect w'll r ' view and certify the amounts due the Contractor and will issue Certificates for Payment in such! oun s. ~ 4.2.6 The Architect will have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing the Work in accordance with Sections 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to Clse or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the C ctor, Subcontractors, material and equipment suppliers, their agents or employees, or other pers . . s perfo portions of the Work. ~ 4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's .ttals su as Shop Drawings, Product Data and Samples for conformance with information given and the design conce expressed in the Contract Documents. The Architect shall carefully study and compare Shop Drawings and other information furnished by the Contractor with the Contract Documents and shall at once report to the Contractor errors, inconsistencies or omissions discovered. The Architect's action will be taken with such J:easona~ ./,,"",. promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or 1eparate contfa~ors, /' while. allo~ing sufficient time in the Architect's profe~s~onal judgment to permit adequate rfvie}'f~~'r oS)ldh , s~brmtt~ls IS not cond~~ted for the purpos.e ~f d~termm~ng the a~curacy .and completeness ~f o~e~ detalls'\su' a dImensIOns and quantItIes, or for substantIatmg mstructIOns for mstallatIOn or performancet'.of ~ qUlpment r sy ems, all of which remain the responsibility of the Contractor as required by the Contract Docum ,nts The Arch tec s review of the Contractor's submittals shall not relieve the Contractor of the obligations und, r S ctions 3.3 3. and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless 0 e . cal stated by the Architect, of any construction means, methods, techniques, sequences or proc dures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a ~ 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may a~e'1ltt1t~ changes in the Work as provided in Section 7.4. ,/,.' """,,.. """\, ..',-."" '-..~ " l' .~",,*,,,,,." , "'~'1 I ~ . , ~ 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial ~,OIl1J',..(f~tion and the date' . of final completion, will receive and forward to the Owner, for the Owner's review and rec rdsl written warranties and related documents required by the Contract and assembled by the Contractor, and will ssu a final Certificate for Payment upon compliance with the requirements of the Contract Documents. I m \ ~ 4.2.10 If the Owner and Architect agree, the Architect will provide one or more project rel>resentatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limit~tTof such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. AlA Document A201N - 1997. Copyright C) 1911. 1915. 1918. 1925. 1937. 1951. 1958. 1961. 1963. 1966. 1967. 1970. 1976. 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNINGs This AlA'j' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it. may result in severe 1. 7 civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 10:38:26 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User Notes. (2873950869) ~ 4.2.11 The Architect will interpret and decide matters concerning performance under and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required of the Architect shall be furnished in compliance with this Section 4.2, then delay shall not be recognized on account offailure by the Architect to furnish such interpretations until 15 days after written request is made for them. ~ 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of a r asonably inferable from the Contract Documents and will be in writing or in the form of drawings. When mak ng uch inte retations and initial decisions, the Architect will endeavor to secure faithful performance by both 0 er and Contractor, will not show partiality to either. ~ 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if cons ste t with the intent expressed in the Contract Documents. ~ 4.3 CLAIMS AND DISPUTES ~ 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a ma er fright, adl:~;+ent or interpretation of Contract terms, payment of money, extension of time or other relief with r sp ct to the t ~ of the Contract. The term "Claim" also includes other disputes and matters in question between 0 er and on', actor arising out of or relating to the Contract. Claims must be initiated by written notice. The re po ibility to substantiate Claims shall rest with the party making the Claim. ~ 4.3.2 Time Limits on Claims. Claims by either party must be initiated within 21 days afte ~ven giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be initiated by written notice to the Architect and the other party. ~ 4.3.3 Continuing Contract Performance. Pending final resolution of a Claim except as otherwise agre or as provided in Section 9.7.1 and Article 14, the Contractor shall proceed diligently with perti nce of Contract and the Owner shall continue to make payments in accordance with the Contract ~ 4.3.4 Claims for Concealed or Unknown Conditions. If conditions are encountered at the SI J:Uch a subsurface or otherwise concealed physical conditions which differ materially from those indicate&~Contrac Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ord'iha . found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Ar' . I promptly investigate such conditions and, if they differ materially and cause an increase or decrease . e Contracto 's co~"'" of, or time required for, performance of any part of the Work, will recommend an equitable dj tment the. /".f'" Contract Sum or Contract Time, or both. If the Architect determines that the conditions at e s te are not l~riaJl1' different from those indicated in the Contract Documents and that no change in the terms 0 th Contract jIUled, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Clai b, either pa i opposition to such determination must be made within 21 days after the Architect has give no~ce of the "eci" iO, n, . If the conditions encountered are materially different, the Contract Sum and Contract Time s 'all bu:.quitab,ar a ~.us,te. but if the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Co act Time, the adjustment shall be referred to the Architect for initial determination, subject to further procee Section 4.4. ~ 4.3.5 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in !,l:lC:(C~" written notice as provided herein shall be given before proceeding to execute the W ork. Pri~r'no~~ot require for Claims relating to an emergency endangering life or property arising under Section 10.6.1 l \ \ \ ~ 4.3.6 If the Contractor believes additional cost is involved for reasons including but not Ii interpretation from the Architect, (2) an order by the Owner to stop the Work where the Co (3) a written order for a minor change in the Work issued by the Architect, (4) failure ofpa t b the Owner 5 termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable ounds, Claim shall be filed in accordance with this Section 4.3. AIA DOCUIIUlnt A~OlN - 1997. Copyright .. 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNINQ% This AIA~' Document is protected by U.s. Copyright Law and International Treaties. Unauthorized reprOduction or distribution of this AIA'~ Document. or any portion of it* may result in severe 1.8 civil and criminal penalties. and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 10:38:26 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User Notesl (2873950869) ~ 4.3.7 Claims for Additional Time ~ 4.3.7.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. ~ 4.3.7.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could ave been reasonably anticipated and had an adverse effect on the scheduled construction. ~ 4.3.8 Injury or Damage to Person or Property. If either party to the Contract suffers inj erson or property because of an act or omission of the other party, or of others for whose acts such rty is legally responsible, written notice of such injury or damage, whether or not insured, shall be given to a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficien d party to investigate the matter. ~ 4.3.9 If unit prices are stated in the Contract Documents or subsequently agreed upon, and i quantities originally contemplated are materially changed in a proposed Change Order or Construction Change IT tive so that application of such unit prices to quantities of Work proposed will cause substantial inequi t the Own Contractor, the applicable unit prices shall be equitably adjusted. ~ 4.3.10 Claims for Consequential Damages. The Contractor and Owner waive Claims aga tach other or consequential damages arising out of or relating to this Contract. This mutual waiver inclu es: .1 damages incurred by the Owner for rental expenses, for losses of use, inco , pro I, mancmg, business and reputation, and for loss of management or employee productivi such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to ei accordance with Article 14. Nothing contained in this Section 4.3.10 shall be deemed to pr liquidated direct damages, when applicable, in accordance with the requirements of the Con ~ 4.4 RESOLUTION OF CLAIMS AND DISPUTES ~ 4.4.1 Decision of Architect. Claims, including those alleging an error or omission by the Architect but excluding those arising under Sections 10.3 through 10.5, shall be referred initially to the Architect for decision. An initial decision by the Architect shall be required as a condition precedent to mediation or litigation" O~;lU'e1ai,,~.b,e twe,,~en /,.,',.". the Contractor and Owner arising prior to the date final payment is due, unless 30 days havetP1issed~q,{ter d'if\, Clar ."". has been referred to the Architect with no decision having been rendered by the Architect. r' e MC'hiteCl-r, 'll\?Of.,' /' decide disputes between the Contractor and persons or entities other than the Owner. I ,/ ~ 4.4.2 The Architect will review Claims and within ten days of the receipt of the Claim tak 0 e or more f e following actions: (1) request additional supporting data from the claimant or a response w h pporting ata from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest i co 'r ( advise the partie~ that the Arc,hitect,is unable t~ resolve the Claim i,fthe Archi~ect lacks sU~E~~~~~",~~.:~~~ion to evaluate the ments of the ClaIm or If the ArchItect concludes that, m the ArchItect's sole dIscrehon, If wourd inappropriate for the Architect to resolve the Claim. ~ 4.4.3 In evaluating Claims, the Architect may, but shall not be obligated to, consult with or s~ fO!!J!lWW1ir2m either party or from persons with special knowledge or expertise who may assist the Archite~ in I;efidering a decision. The Architect may request the Owner to authorize retention of such persons at th~/b1r's expense. ~ 4.4.4 If the Architect requests a party to provide a response to a Claim or to furnish additi na supporting data, such party shall respond, within ten days after receipt of such request, and shall either prov de response on the requested supporting data, advise the Architect when the response or supporting data will b 'shed or advise the Architect that no supporting data will be furnished. Upon receipt of the response or suppo g data, if any, the Architect will either reject or approve the Claim in whole or in part. AlA DocUIIl8Ilt A201N - 1997. Copyright "1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rigbts reserved. WARNING I This AlA!' Document is protected by U..S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAt Document, or any portion of it, may result in severe 19 civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 10:38:26 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User Notes. (2873950869) ~ 4.4.5 The Architect will approve or reject Claims by written decision, which shall state the reasons therefor and which shall notify the parties of any change in the Contract Sum or Contract Time or both. The approval or rejection of a Claim by the Architect shall be [mal and binding on the parties but subject to mediation. ~ 4.4.6 When a written decision of the Architect states that (1) the decision is fInal but subject to mediation and (2) a demand for arbitration of a Claim covered by such decision must be made within 30 days after the date on which the party making the demand receives the [mal written decision, then failure to demand arbitra ithin said 30 days' period shall result in the Architect's decision becoming [mal and binding upon the Owner a ontractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decisio ma be entered as evidence, but shall not supersede arbitration proceedings unless the decision is acceptable tp al arties concerned. ! ~ 4.4.7 Upon receipt of a Claim against the Contractor or at any time thereafter, the Archite! t 0 is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the C ai relates to a possibility of a Contractor's default, the Architect or the Owner may, but is not obligated to no ify the surety and request the surety's assistance in resolving the controversy. ~ 4.4.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such C accordance with applicable law to comply with the lien notice or fIling deadlines prior to r the Architect, by mediation. ~ 4.5 MEDIATION ! ~ 4.5.1 Any Claim arising out of or related to the Contract, except Claims relating to aesthefc e~fect and ce t those waived as provided for in Sections 4.3.10,9.10.4 and 9.10.5 shall, after initial decision by tpe lFcIiifeCl or 30 ays after submission of the Claim to the Architect, be subject to mediation as a condition prece<llent,to.th~ins' . legal or equitable proceedings by either party. ~ 4.5.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agre otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arb' ,a: on Association currently in effect. Request for mediation shall be fIled in writing with the other pa the C and with the American Arbitration Association. The request may be made concurrently wit a de for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal r e Ie procee in which shall be stayed pending mediation for a period of 60 days from the date of fIling, unles ed fo n er period by agreement of the parties or court order. ARTICLE 5 SUBCONTRACTORS ~ 5.1 DEFINITIONS ~ 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor t Work at the site. The term "Subcontractor" is referred to throughout the Contract Docume number and means a Subcontractor or an authorized representative of the Subcontractor. does not include a separate contractor or subcontractors of a separate contractor. ~ 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout t9.e"Gontra:1:r-~",'""", Documents as if singular in number and means a Sub-subcontractor or an authorized represent (e of th ::-..,. . '" subcontractor. . .....",., \ ~ 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WOR ~ 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the 0 practicable after award of the Contract, shall furnish in writing to the Owner through the A ,chi persons or entities (including those who are to furnish materials or equipment fabricated to sial desi n proposed for each principal portion of the Work. The Architect will promptly reply to the ontractor in writing stating whether or not the Owner or the Architect, after due investigation, has reasonable o' . AlA Document A201N - 1997. Copyright Cl 1911, 1915, 1918, 1925, 1937, 1951, 1958, un, 1963, 1966, 1967, 1970, 1976, 1987 and 1997 by The American Institute of Architectsa All rights reserved. WARNINGs This AlA'" Document is protected by u.s. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA'" Document. or any portion of it, may result in severe 20 civil and criminal penalties. and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 10:38:26 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User Notes. (2873950869) proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reasonable objection. ~ 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. ~ 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by Contractor shall propose another to whom the Owner or Architect has no reasonable objec on. rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum d ontract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an app priate Change Order shall be issued before commencement of the substitute Subcontractor's Work. However, no inc . '1he'€untrac Sum or Contract Time shall be allowed for such change unless the Contractor has acted pr y and responsively in submitting names as required. ~ 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selecte Architect makes reasonable objection to such substitute. ~5.2.5 The Contractor shall comply with all applicable statutory competitive bid requireme ts. ~ 5.3 SUBCONTRACTUAL RELATIONS ~ 5.3.1 By appropriate agreement, written where legally required for validity, the Contracto sh 11 require ac Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be boun to y terms of the Contract Documents, and to assume toward the Contractor all the obligations including the responsibility for safety of the Subcontractor's Work, which the Contractor, by these Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontr.lW so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unles p'ecificall;}l-' provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress . st the I Contractor that the Contractor, by the Contract Documents, has against the Owner. Where propr. , 1 Contractor shall require each Subcontractor to enter into similar agreements with Sub-subc n . The ' Contractor shall make available to each proposed Subcontractor, prior to the execution of the ontrac copies of the Contract Documents to which the Subcontractor will be bound, and, upon written reque'st-Qt.~e Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement wnich, be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. ~ 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS ~ 5.4.1 ~ 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the compensation shall be equitably adjusted for increases in cost resulting from the suspensio ~ ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS I ~ 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRA~TS ~ 6.1.1 The Owner reserves the right to perform construction or operations related to the ProJ ect With the owner own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these i~~ portions related to insurance and waiver of subrogation. If the Contractor claims that delay or,s1fitiOI~~t~1 . ' "\ involved because of such action by the Owner, the Contractor shall make such Claim as prorHe~"'Section 4.3. " , f \ ~ 6.1.2 When separate contracts are awarded for different portions of the Project or other co s ction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the C ntr ctor who executes each separate Owner-Contractor Agreement. ~ 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own force~ and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with-..~' other separate contractors and the Owner in reviewing their construction schedules when directed to do so. The AlA Document A201~ - 1997. Copyright ., 1911. 1915. 1918. 1925. 1937. 1951. 1958. 1961. 1963. 1966. 1967. 1970. 1976. 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING I This AlA!' Document is protected by u.s. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA~ Document. or any portion of it. may result in severe 21 civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 10:38:26 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User Notes. (2873950869) Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. ~ 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Con including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. ~ 6.2 MUTUAL RESPONSIBILITY ~ 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportun ty for introduction and storage of their materials and equipment and performance of their activities, and shall conn ct nd"'Coordin Contractor's construction and operations with theirs as required by the Contract Document ~ 6.2.2 If part of the Contractor's Work depends for proper execution or results upon cons c' n or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that wo nder it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute ~m knOWledf~t that the Owner's or separate contractor's completed or partially completed construction is fit an4 pr iper to rectivelthe Contractor's Work, except as to defects not then reasonably discoverable. I ill ~ 6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner .4ic are paya lIe t separate contractor because of delays, improperly timed activities or defective construction of t e on actor. Owner shall be responsible to the Contractor for costs incurred by the Contractor because delay.s,,-' timed activities, damage to the Work or defective construction of a separate contractor. ~".. ~ 6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed or p.~J;tia:lly completed construction or to property of the Owner or separate contractors as provided in Section 10.2 ~",>" ~ 6.3 OWNER'S RIGHT TO CLEAN UP ~ 6.3.1 If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Architect will allocate the cost among those responsible. ,/..,', ARTICLE 7 CHANGES IN THE WORK (/'''','',' ''''."._"....,.,'V''/, /.1 ~ 7.1 GENERAL . ".' ~ 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and witq'out~nvalidati t e ,/ Contract, by Change Order, Construction Change Directive or order for a minor change in relork, subj ct tr."the limitations stated in this Article 7 and elsewhere in the Contract Documents. i ~ 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and c s Change Directive requires agreement by the Owner and Architect and mayor may not be a reed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. ~ 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cut!' described for the Contractor in Section 3.14. ~ 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Doc~.",. Contractor shall proceed promptly, unless otherwise provided in the Change Order, constru,7 ti rfC" ~Chhaamn!:e e Dir 'ecti tivvee "',"" or order for a minor change in the Work. '. \ I '" \ j ~ ~ 7.2 CHANGE ORDERSl ~ 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the er, Contractor and Architect, stating their agreement upon all of the following: .1 change in the Work; .2 the amount of the adjustment, if any, in the Contract Sum; and .3 the extent of the adjustment, if any, in the Contract Time. AlA Document A201~ - 1997. Copyright .. 1911, InS, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING I This AIAt' Docum.ent is protected by u.s. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA~ Document~ or any portion of it, may result in severe 22 civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 10:38:26 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User Notes * (2873950869) ~ 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Section 7.3.3. ~ 7.3 CONSTRUCTION CHANGE DIRECTIVES ~ 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or 0 evisions, the Contract Sum and Contract Time being adjusted accordingly. I ~ 7.3.2 A Construction Change Authorization in the form attached hereto as Exhibit sac-Ai sh I be used in the absence of total agreement on the terms ofa Change Order. I ~ 7.3.3 If the Construction Change Authorization provides for an adjustment to the contraCll, su, ' the adjustment shall be based on one of the following methods: .1 the Cost of the Work as defmed in Article 6 of the Owner/Contractor Agree, en for the Change in the Work; --'" .2 an overhead factor often percent (10%), plus; .3 the Contractor's Fee as described in Subparagraph 5.1.2 of the Owner/Contr ct Agreem fi 7.3.4 U~:",~OiPt ofa Coostruction Chango Anthorization. tho Contract"' ,hall pmmptl p' red with~l he hange in the Work involved and advise the Architect of the Contractor's agreement or disagreeme t th the me ho , if any, provided in the Construction Change Authorization for determining the proposed adju tmen m e ontrac Sum or Contract Time. ~ 7.3.5 A Construction Change Authorization signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Suc agreement shall be effective immediately and shall be recorded as a Change Order. ~ 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjus . on ac the method and the adjustment shall be determined by the Architect on the basis of reasona,.. . '" 6Xl.Qitures an savings of those performing the Work attributable to the change, including, in case of an incrt!as~,~ the~eontr t Sum, a reasonable allowance for overhead and profit. In such case, and also under Section 7.3.3.3, tIi~ tractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.6 shall be limited to the following: .1 costs oflabor, including social security, old age and unemployment insurance, required by agreement or custom, and workers' compensation insurance; .2 costs of materials, supplies and equipment, including cost of transportation, he consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whether r nt or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or si the Work; and .5 additional costs of supervision and field office personnel directly attributabl to the change. ~ 7.3.7 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both."additttlffnl.1ttt-_4- credits covering related Work or substitutions are involved in a change, the allowance for ove~pe'(d anj..m:Qfit,~.b~p ~" be figured on the basis of net increase, if any, with respect to that change. ,.l /,,# '" . ~ 7.3.8 Pending fmal determination of the total cost ofa Construction Change Directive to 4~ qwner, amounts not in dispute for such changes in the Work shall be included in Applications for Payment accom a~d by a Change Order indicating the parties' agreement with part or all of such costs. For any portion of su c t that remains in dispute, the Architect will make an interim determination for purposes of monthly certifica. on r a ent for those costs. That determination of cost shall adjust the Contract Sum on the same basis as a Cha e Order, subject to the right of either party to disagree and assert a claim in accordance with Article 4. AIA Document A201- - 1997. Copyright <> 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNINGl This AIA!' Document is protected by u.s. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA~ Document. or any portion of it, may result in severe 23 civil and criminal penalties. and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 10:38:26 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User Notes. (2873950869) ~ 7.3.9 When the Owner and Contractor agree with the determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. ~ 7.4 MINOR CHANGES IN THE WORK ~ 7.4.1 The Architect will have authority to order minor changes in the Work not involving Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Such changes shall be effected by written order and shall be binding on the Owner and Co shall carry out such written orders promptly. stment in the act Documents. or. The Contractor ARTICLE 8 TIME ~ 8.1 DEFINITIONS ~ 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorize the Contract Documents for Substantial Completion of the Work. ad ustments, allotted in ~ 8.1.2 The date of commencement of the Work is the date established in the Agreement. 'th Sectio 9. . ~ 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordan fr ~ 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless 0' defined. ~ 8.2 PROGRESS AND COMPLETION ~ 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. ~ 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writin mature commence operations on the site or elsewhere prior to the effective date of insurance required b Icle I furnished by the Contractor and Owner. The date of commencement of the Work shall not han y the effective date of such insurance. Unless the date of commencement is established by the C~~cuments ~,.".,r a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not ~_s~ve aY~9r other agreed period before commencing the Work to permit the timely filing of mortgages, mechamc ' sand other security interests. ~ 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. ~ 8.3 DELAYS AND EXTENSIONS OF TIME ~ 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Wok the Owner or Architect, or of an employee of either, or of a separate contractor employed t changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, weathe reasonably anticipatable, unavoidable casualties or other causes beyond the Contractor's co authorized by the Owner pending arbitration, or by other causes which the Architect dete n fy then the Contract Time shall be extended by Change Order for such reasonable time as the r:::~~~~.~_~.?' determine. ~ 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Section 4.3. ~ 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION ~ 9.1 CONTRACT SUM ~ 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments is e total amount payable by the Owner to the Contractor for performance of the Work under the Contract D cents. Wherever the term "Contract Sum" appears throughout the Contract Documents it shall be deemed to me! n "Guaranteed Maximum Price". AlA Document A203.N - 3.997. Copyright c 19J.J., 193.5, 19J.8, 1925, 1937, 195J., 1958, 1963., 1963, 1966, 3.967, 1970, 3.976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNINGs This AlA'l' Document is protected by O.S~ Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA~ Document, or any portion of it, may result in severe 24 civil and criminal penalties, and will be prosecuted to the maximum. extent possible under the law. This draft was produced by AlA software at 10:38:26 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User Notes. (2873950869) ~ 9.2 SCHEDULE OF VALUES ~ 9.2.1 Before the fIrst Application for Payment, the Contractor shall submit to the Architect a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. ~ 9.3 APPLICATIONS FOR PAYMENT ~ 9.3.1 At least ten days before the date established for each progress payment, the Contrac Architect an itemized Application for Payment for operations completed in accordance wit Such application shall be notarized, if required, and supported by such data substantiating eontractor's ri ht to payment as the Owner or Architect may require, such as copies of requisitions from Subco tractors and material suppliers, and reflecting retainage if provided for in the Contract Documents. Pa ent b t e Contractor of the statement amount less retaina e as hereinafter rovided shall be made b wi Contractor's bank account within twen 20 da s after it is submitted. The Contractor sh I the a ro riate bank routin and account information necessa to accom lish wire transfe s ~ 9.3.1.1 As provided in Section 7.3.8, such applications may include requests for payment the Work which have been properly authorized by Construction Change Directives, or by' e the Architect, but not yet included in Change Orders. ~ 9.3.1.2 Such applications may not include requests for payment for portions of the Work does not intend to pay to a Subcontractor or material supplier, unless such Work has been whom the Contractor intends to pay. ~ 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in adva by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a loc . agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditio pon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner' . e to su materials and equipment or otherwise protect the Owner's interest, and shall include the co a lie'ii'6le insurance, storage and transportation to the site for such materials and equipment stored of ~ 9.4 CERTIFICATES FOR PAYMENT ~ 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application fi the Owner a CertifIcate for Payment, with a copy to the Contractor, for such amount as the properly due, or notify the Contractor and Owner in writing of the Architect's reasons for in whole or in part as provided in Section 9.5.1. ~ 9.4.2 The issuance of a CertifIcate for Payment will constitute a representation by the Arc , based on the Architect's evaluation of the Work and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, informatio!l..an<rbette'f0he-- quality of the Work is in accordance with the Contract Documents. The foregoing representa~su€ are s~':!12i~. . to an "'\ evaluation of the Work for conformance with the Contract Documents upon Substantial Co~letjPl'('to results of '\ subsequent .tests an~ ins~ections, to correction of ~nor devia~ons from the Co~tract DocuTeny prio~ to completion and to speCIfIc qualIfIcatIOns expressed by the Architect. The Issuance of a CertIfIcate for Pent wIll further constitute a representation that the Contractor is entitled to payment in the amount certifIed H ever, the issuance of a CertifIcate for Payment will not be a representation that the Architect has (1) made e us' ve or continuous on- site inspections to check the quality or quantity of the Work, (2) reviewed construction me , ethods techni ues, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors nd material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or t-mad .. ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. AlA Document A201~ - 1997. Copyright "1911. 1915. 1918. 1925. 1937. 1951. 1958. 1961. 1963. 1966. 1967. 1970. 1976. 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNINGl This AlA'" Document is protected by u.s. Copyright Law and International Treaties. Unauthorized reprOduction or distribution of this AlA';<- Document. or any portion of it. may result in severe 25 civil and criminal penalties. and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 10:38:26 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User Notes. (2873950869) ~ 9.5 DECISIONS TO WITHHOLD CERTIFICATION ~ 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for whi e Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for a ent or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Pa ent reviously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss fi r 'ch the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, be ause of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or fo r, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid bala the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be completed within the Contrac unpaid balance would not be adequate to cover actual or liquidated damage or .7 persistent failure to carry out the Work in accordance with the Contract Doc ~ 9.5.2 When the above reasons for withholding certification are removed, certification will previously withheld. ~ 9.6 PROGRESS PAYMENTS ~ 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment, or wit period for payment as provided in Subparagraph 7.1.3 of the AlA 12l/CMc document, whichev st oc manner and within the time provided in the Contract Documents, and shall so notify the Ar ~ 9.6.2 The Contractor shall ~romptly pay each Subcontractor within five (5) days of rec~iPf'Of~en"t"frQlt!,.~e Owner, out of the amount paId to the Contractor on account of such Subcontractor's portIOn of the W(:)rk.~e amo to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contra1!t n account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. ~ 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information l~;;~tage~.. completion or amounts applied for by the Contractor and action taken thereon by the ArchifctndOwife,r o~i/ /# account of portions of the Work done by such Subcontractor. I~' .f'/' I ~ 9.6.4 Neither the Owner nor Architect shall have an obligation to payor to see to the pa en of money 0 Subcontractor except as may otherwise be required by law. ~ 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided i Sections 9.6.2, 9.6.3 and 9.6.4. ~ 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy ofthe~,. Owner shall not constitute acceptance of Work not in accordance with the Contract Documentv"".", / ~\" ~ 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal su of e Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors and pp iers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished ma ria s, or both, under contract with the Contractor for which payment was made by the Owner. Nothing containe h ein shall require money to be placed in a separate account and not commingled with money of the Contract , s 'all create an fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall e . tle any person or entity to an award of punitive damages against the Contractor for breach of the requirements oft AlA Document A201N - 1997. Copyright Cl 1911. 1915. 1918. 1925. 1937. 1951. 1958. 1961. 1963. 1966. 1967. 1970. 1976. 1987 lUld 1997 by The American Institute of Architects. All rights reserved. WARNING, This AlA'" Document is protected by u.s. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'~ Document, or any portion of it, may result in severe 26 civil and criminal penaltiesf and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 10:38:26 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User Notesl (2873950869) ~ 9.7 FAILURE OF PAYMENT ~ 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Architect or awarded by mediation, then the Contractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of sJifit''' own, delay and start-up, plus interest as provided for in the Contract Documents. I I ~ 9.8 SUBSTANTIAL COMPLETION ~ 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or d signated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can cc Work for its intended use. ~ 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner I es to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to fmal payment. Failure to include an item on suc 1 does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Doc me ts. ~ 9.8.3 Upon receipt of the Contractor's list, the Architect will make an inspection to dete I.ne hether designated portion thereof is substantially complete. If the Architect's inspection discloses ny tern, whe included on the Contractor's list, which is not sufficiently complete in accordance with the 0 act Doc that the Owner can occupy or utilize the Work or designated portion thereof for its intende shall, before issuance of the Certificate of Substantial Completion, complete or correct suc by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. ~ 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion)l;ere. ch payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of re :,~D ume . ,,-#'" ~ 9.9 PARTIAL OCCUPANCY OR USE ! tl \ r / ~ 9.9.1 The Owner may occupy or use any completed or partially completed portion of the 'for at any st~e ~~ such portion is designated by separate agreement with the Contractor, provided such OCCUP~',."n c" or us, , e"., i"s1,.,.,onsr,'", nted to by the insurer as required under Section 11.4.1.5 and authorized by public authorities ha 'in . jurisdictiop oler the Work. Such partial occupancy or use may commence whether or not the portion is substan ally completeJpr ' the Owner and Contractor have accepted in writing the responsibilities assigned to each of em for payments, retainage, ifany, security, maintenance, heat, utilities, damage to the Work and insurance, ananaveagre.lr writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to pa' occu a ruse shall not be unreasonably withheld. The stage of the progress of the Work shall be determin by tten agreemen't"", between the Owner and Contractor or, ifno agreement is reached, by decision of the Archit ct. ~ 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepa Certificate of Substantial Completion which shall establish the date of Substantial Completion establ' responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, da rk and insurance, and shall fix the time within which the Contractor shall finish all items on the Ii ac nying th Certificate. Warranties required by the Contract Documents shall commence on the date of ntial I io of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantia letion. ~ 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Arc the area to be occupied or portion of the Work to be used in order to determine and record Work. ~ 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the.WorK'shaH"no constitute acceptance of Work not complying with the requirements of the Contract Documents. AlA Document A20J. N - J.997. Copyright "19U. J.9J.5. J.9J.8. 1925. 1937. 19U. 1958. 19U. J.963. 1966. 1967. 1970. 1976. J.987 and 1997 by The American Institute of Architects. All rights reserved. WARNING I This AIA.j' Document is protected by u.s. Copyright Law and International Treaties. Unauthorized reprOduction or distribution of this AIA't Document, or any portion of it. may result in severe 27 civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 10; 38; 26 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User Notes. (2873950869) ~ 9.10 FINAL COMPLETION AND FINAL PAYMENT ~ 9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a fmal Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a fmal Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on-site visits and inspections, the Work has been completed in a 'li,.", ance with terms and conditions of the Contract Documents and that the entire balance found to be due the Con . ct<f and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will const tut a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's bein en tled to final a ent have been fulfilled. ~ 9.10.2 Neither final payment nor any remaining retained percentage shall become due unt 1 th Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other' de edness connected with the Work for which the Owner or the Owner's property might be responsible or encu er (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will na.. canceled 0..." r al,.".,lowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a writt n s tement e Contractor knows of no substantial reason that the insurance will not be renewable to cove the period re ud by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required y e Owner,: thtr data establishing payment or satisfaction of obligations, such as receipts, releases and waivers 0 lie , claims .' sec ity interests or encumbrances arising out of the Contract, to the extent and in such form as ma be esignate by' e Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Con ac or may fi.iffiis a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien rema tisf"~fte payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. ~ 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed ~llgh' t10 fau of the Contractor or by issuance of Change Orders affecting fmal completion, and the ArchiteS!..80~c'6nfi~f,tqe Owner shall, upon application by the Contractor and certification by the Architect, and wit~()ut t~na:fing thl1l Contract, make payment of the balance due for that portion of the Work fully completed anttaC"eepte~,I:the I remaining balance for Work not fully completed or corrected is less than retainage stipulateo'in4be Con'ttact".. i Documents, and if bonds have been furnished, the written consent of surety to payment of the balaric~,~ for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect pr~'t certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 1 ,'i<""'"''"'-'''''''''''~ : "i'" / ., ~ 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except tho . ing'fom;.,/ /"' .1 liens, Claims, security interests or encumbrances arising out of the Contract d '1,l" / .2 failure of the Work to comply with the requirements of the Contract Docum nts or \, /,..& .3 terms of special warranties required by the Contract Documents. / ~ 9.10.5 Acceptance offmal payment by the Contractor, a Subcontractor or material suppli waiver of claims by that payee except those previously made in writing and identified by the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY ~ 10.1 SAFETY PRECAUTIONS AND PROGRAMS .,~ ~ 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safe~'prec~1iQns.,iUld "',..,\ programs in connection with the performance of the Contract. I /',.... ~"" \ ~ 10.2 SAFETY OF PERSONS AND PROPERTY l '\ ~ 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide re so ' ble protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether i storage on or off the site, under care, custody or control of the Contractor or the Contractor's Sub '. ontraetOTS'Or'Su subcontractors; and AIA Document A201~ - 1997. Copyright .. 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING I This AIAf> Document is protected by o.s. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA~ Document~ or any portion of it, may result in severe 28 civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 10 :38: 26 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User NoteBI (2873950869) .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. ~ 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. ~ 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and per 0 reasonable safeguards for safety and protection, including posting danger signs and other promulgating safety regulations and notifying owners and users of adjacent sites and utiliti nce of the Contract, gs against hazards, ~ 10.2.4 When use or storage of explosives or other hazardous materials or equipment or necessary for execution of the Work, the Contractor shall exercise utmost care and carry 0 supervision of properly qualified personnel. su'l"methocls"al1 activities under ~ 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured Wlder property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directl by any of them, or by anyone for whose acts they may be liable and for which the Contract Sections 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of anyone directly or indirectly employed by either of them, or by anyone for whose acts eith and not attributable to the fault or negligence of the Contractor. The foregoing obligations addition to the Contractor's obligations Wlder Section 3.18. ~ 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise design by the Contractor in writing to the Owner and Architect. ~ 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded safety. "1 ~ 10.3 HAZARDOUS MATERIALS . .~"9"'"",,\ ,/// I ~ 10.3.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or 96th to.J?~rsons"",,,," "".",! resulting from a material or substance, including but not limited to asbestos or polycWorinated b., iPiienyl'\p" CiyV" ,/ encountered on the site by the Contractor, the Contractor shall, upon recognizing the condi. on limmediat~ly ho ? Work in the affected area and report the condition to the Owner and Architect in writing. 1/ ~ f I · sence of the I terial t to e Owner shall furnish in ~ 10.3.2 The Owner shall obtain the services of a licensed laboratory to verify the presence r or substance reported by the Contractor and, in the event such material or substance is fo that it has been rendered harmless. Unless otherwise required by the Contract Documents, writing to the Contractor and Architect the names and qualifications of persons or entities verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and the Architect will promptly reply to.Jh.~ writing stating whether or not either has reasonable objection to the persons or entities propos~(i"6'y th~9 If ""\\ either the Contractor or Architect has an objection to a person or entity proposed by the 0 r, wner shall propose another to whom the Contractor and the Architect have no reasonable objection. W en e material or substance has been rendered harmless, Work in the affected area shall resume upon written agr ement of the Owner and Contractor. The Contract Time shall be extended appropriately and the Contract Sum s all e increased in the amount of the Contractor's reasonable additional costs of shut-down, delay and start-up, w 'ch djustments shall be accomplished as provided in Article 7. ~ 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmle fte-Eontraeto, Subcontractors, Architect, Architect's consultants and agents and employees of any of them from and against claims, AlA Document A201* - 1997. Copyright ., 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING, This AIA'j' Document is protected by u.s. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA'" Document. or any portion of it. may result in severe 29 civil and criminal penalties. and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 10:38:26 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User Notes. (2873950869) damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) and provided that such damage, loss or expense is not due to the sole negligence of a party seeking indemnity. ~ 10.4 The Owner shall not be responsible under Section 10.3 for materials and substances ro ht to the site by the Contractor unless such materials or substances were required by the Contract Documents. ~ 10.5 If, without negligence on the part of the Contractor, the Contractor is held liable for e cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the on Owner shall indemnify the Contractor for all cost and expense thereby incurred. ~ 10.6 EMERGENCIES ~ 10.6.1 In an emergency affecting safety of persons or property, the Contractor shall act, at t e Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or exten on f time claimed by the Contractor on account of an emergency shall be determined as provided in Section 4.3 d icle 7. ARTICLE 11 INSURANCE AND BONDS ~ 11.1 CONTRACTOR'S LIABILITY INSURANCE ~ 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfi lly uthorize to 0 business in the jurisdiction in which the Project is located such insurance as will protect th Con ac or om c alIns set forth below which may arise out of or result from the Contractor's operations under the . the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' compensation, disability benefit and other similar employee benefit acts.)YJJ.i<:1i" are applicable to the Work to be performed; ,.,""',#.~..,.. claims for damages because of bodily injury, occupational sickness or disease, 0 eatfi' 0 Contractor's employees; claims for damages because of bodily injury, sickness or disease, or death 0 the Contractor's employees; claims for damages insured by usual personal injury liability coverage; claims for damages, other than to the Work itself, because of injury to or destruction of tangi 1~ property, including loss of use resulting therefrom; claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; ",-............." claims for bodily injury or property damage arising out of completed operatit( an~!. "\ claims involving contractual liability insurance applicable to the contractor'~Obrgati~ Section 3.18. I" .' [ iil ~ 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits o~liaJility speci ' or required by law, as applicable. Coverages, whether written on an occurrence or claims- d~ basis, sh maintained without interruption from date of commencement of the Work until date of fma, pail termination of any coverage required to be maintained after final payment. .2 .3 .4 .5 .6 .7 .8 $2.000.000 a. Commercial General Liabilitv: ~". "'" \" c. Excess Umbrella Liabilitv AlA Document A201N - 1997. Copyright .. 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNINGr This AlA';' Document is protected by u.s. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA'''; Document. or any portion of it. may result in severe 30 civil and criminal penalties, and will be prosecuted to the max~um extent possible under the law. This draft was produced by AlA software at 10:38:26 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User Note.. (2873950B69) ~ 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment and are reasonably available, an additional certificate evidencing continuatio' 15 such coverage shall be submitted with the final Application for Payment as required by Section 9.10.2. Info '0 concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or bo , all be furnished by the Contractor with reasonable promptness in accordance with the Contractor's informatio an belief. ~ 11.2 OWNER'S LIABILITY INSURANCE ~ 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual ~ 11.3 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE ~ 11.3.1 Optionally, the Owner may require the Contractor to purchase and maintain Projec Managemen Liability insurance from the Contractor's usual sources as primary coverage for the Owner' , Architect's vicarious liability for construction operations under the Contract. Unless otherwise required by the Contract Documents, the Owner shall reimburse the Contractor by increasing the Contract Sum to pay the cost of purchasing and maintaining such optional insurance coverage, and the Contractor shall not be responsible for purchasing any other liability insurance on behalf of the Owner. The minimum limits of liability purc~'with ;:~~:';7.~~ t~~:;;;::.~ ~ agll'.gate ofth. limit. ,.quued fo, Contractoe', Liabilir,~" '1 ~ 11.3.2 To the extent damages are covered by Project Management Protective Liability ins~lln~~e .~ Contractor and Architect waive all rights against each other for damages, except such rights as they ave to t proceeds of such insurance. The policy shall provide for such waivers of subrogation by endorsement or 0 ' e. ~ 11.3.3 The Owner shall not require the Contractor to include the Owner, Architect or other persons or entities as additional insureds on the Contractor's Liability Insurance coverage under Section 11.1. /~' ,..."". ~ 11.4 PROPERTY INSURANCE l("'--'\ ~ 11.4.1 Unless otherwise provided, the Contractor shall purchase and maintain, in a compa' y 9i- compani' s 1 wfi authorized to do business in the jurisdiction in which the Project is located, property insura ce Fitten on b . er's risk "all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus val eo subseque t C ntract modifications and cost of materials supplied or installed by others, comprising total value r entire P ~e at the site on a replacement cost basis without optional deductibles. Such property insurance shal be otherwise provided in the Contract Documents or otherwise agreed in writing by all person and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section. or un entity other than the Owner has an insurable interest in the property required by this Section 11.4 to be covered, whichever is la~er. This ~urance shall include interests of the Owner, the Contractor, Subcontra~"" subcontractors III the ProJect. {"/ '''' ~ 'i,~ ~ 11.4.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall in ud, without limitation, insurance against the perils of rITe (with extended coverage) and physical loss or damage i lu. ng, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, in storm, falsework, testing and startup, temporary buildings and debris removal including demolition occasion d b enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's and 0 actor's services and expenses required as a result of such insured loss. AlA Document A~OlN - 1997. Copyright "1911. 1915. 1918. 19~5. 1937. 1951. 1958, 1961. 1963. 1966, 1967, 1970. 1976. 1987 lUld 1997 by The American Institute of Architects. All rights re.erved. WARNING I This AIA'~' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAt Document. or any portion of it. may result in severe 31 civil and criminal penalties. and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:38:26 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User Notes, (2873950869) ~ 11.4.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance which will protect the interests of the Contractor, Subcontractors and Sub-subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insurance as described above, without so notifying the Contractor in writing, then the Owner shall bear all reasonable costs properly attributable thereto. ~ 11.4.1.3 If the property insurance requires deductibles, the Owner shall pay costs not cove ed ecause of such deductibles. I I ~ 11.4.1.4 This property insurance shall cover portions of the Work stored off the site, and so ortiuns"ofthe'Wor in transit. ~ 11.4.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence unti msurance company or companies providing property insurance have consented to such partial occupancy or use y endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of t1felll;urance co~any or companies and shall, without mutual written consent, take no action with respect to partial t'.c ccc~p]ancy or '" se at would cause cancellation, lapse or reduction of insurance. . I ! ~ 11.4.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler an required by the Contract Documents or by law, which shall specifically cover such insured installation and until final acceptance by the Owner; this insurance shall include interests 0 Subcontractors and Sub-subcontractors in the Work, and the Owner and Contractor shall b ~ 11.4.3 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. Th Owner waives all rights of action against the Contractor for loss of use of the Owner's property, includ' consequential losses due to fire or other hazards however caused. ""../ ~ 11.4.4 If the Contractor requests in writing that insurance for risks other than those descri special causes ofloss be included in the property insurance policy, the Owner shall, ifpossi "~~;' insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. ~ 11.4.5 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacen to the site by property insurance under policies separate from those insuring the Project, or if after fmal payment property insurance is to be provided on the completed Project through a policy or policies other e insuring the Project during the construction period, the Owner shall waive all rights in accordance wi the terms 0 ectio 11.4.7 for damages caused by fire or other causes ofloss covered by this separate property. sUfll.." '~s, e 7' -- policies shall provide this waiver of subrogation by endorsement or otherwise. t ~ 11.4.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a c y f each pol cy . at includes insurance coverages required by this Section 11.4. Each policy shall contain all ge er llyapplic Ie conditions, definitions, exclusions and endorsements related to this Project. Each policy sh 11 c vi that the policy will not be canceled or allowed to expire, and that its limits will not be redu ed, until at least 30 days' prior written notice has been given to the Contractor. ~ 11.4.7 Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each ?th~~nV6f.their,,,,,,,,,. subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Archi~t, Archi ""1:, consultants, separate contractors described in Article 6, if any, and any of their sUbcontract~', s,u ubcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent cove ed" property insurance obtained pursuant to this Section 11.4 or other property insurance applicable to the Work, ceft such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or contractf' r, appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if y, and the subcontractors, sub-subcontractors, agents and employees of any of them, by appropriate a ee written where legally required for validity, similar waivers each in favor of other parties enumerated here, . The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogatio .S'haIH'e"effeetive-a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or AlA Document A~OJ.. - 1997. Copyright <> 19n, J.915, J.918, J.9~5, J.937, J.95J., J.958, 19&]', 1963, 1966, J.967 , 1970, 1976, J.987 and 1997 by The American Institute of Architects. All rights reserved. WARNINGs This AlA" Document is protected by u.s. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA~ Document. or any portion of it, may result in severe 32 civil and criminal penalties. and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 10:38:26 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User Notes. (2873950869) otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. ~ 11.4.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.4.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written wh gally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in simi ar nner. ~ .11.4.9 If required in writing by a party in interest, t~e Owner as fiduciar~ shall, upon occup-e e of an ~sured loss gIve bond for proper performance of the Owner's dutIes. The cost of reqUIred bonds shall bf' charged agamst proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so . ceo , . Owner shall distribute in accordance with such agreement as the parties in interest may rea h, ,r in accordance with an arbitration award in which case the procedure shall be as provided in Section 4.6. If afte, su' h loss no other special agreement is made and unless the Owner terminates the Contract for convenience, ~ement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7. ~ 11.4.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers interest shall object in writing within five days after occurrence of loss to the Owner's exer ise objection is made, the dispute shall be resolved as provided in Sections 4.5 and 4.6. The 0 e the case of arbitration, make settlement with insurers in accordance with directions of the i of insurance proceeds by arbitration is required, the arbitrators will direct such distribution. ~ 11.5 PERFORMANCE BOND AND PAYMENT BOND ~ 11.5.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specificall required in the Contract Documents on the date of execution of the Contract. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK ~ 12.1 UNCOVERING OF WORK ~ 12.1.1 Ifa portion of the Work is covered contrary to the Architect's request or to requiremen"ts specifically 1. expressed in the Contract Documents, it must, if required in writing by the Architect, be uncov~ ""." Architect's examination and be replaced at the Contractor's expense without change in the ~"tracjJ..t!Ee. \ ,,,,,/.#/j"" ~ 12.1.2 If a portion of the Work has been covered which the Architect has not specifically q~ to e ~, prior to its being covered, the Architect may request to see such Work and it shall be unco ., re~""bY the C tra~ such Work is in accordance with the Contract Documents, costs of uncovering and replace e shall, by ppr priate Change Order, be at the Owner's expense. If such Work is not in accordance with the Con ct ocument, correction shall be at the Contractor's expense unless the condition was caused by the Own r o..il..s.e~ co in which event the Owner shall be responsible for payment of such costs. ~ 11.5.2 Upon the request of any person or entity appearing to be a potential beneficiary of of obligations arising under the Contract, the Contractor shall promptly furnish a copy of t copy to be made. ~ 12.2 CORRECTION OF WORK ~ 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION ~._..,....... ~ 12.2.1.1 The Contractor shall promptly correct Work rejected by the Architect or failing to c~orm t~J.b~."_...... ""....,,\ requirements of the Contract Documents, whether discovered before or after Substantial Co let' fud whether'() not fabricated, installed or completed. Costs of correcting such rejected Work, including ad itio al testing and inspections and compensation for the Architect's services and expenses made necessary the eb shall be at the Contractor's expense. ~ 12.2.2 AFTER SUBSTANTIAL COMPLETION ~ 12.2.2.1 In addition to the Contractor's obligations under Section 3.5, if, within one year a er the date of Substantial Completion of the Work or designated portion thereof or after the date for co eneement~rrantie established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, AlA Document A20J.N _ 1997. Copyright "J.9J.J.. J.9J.5. 19J.8. 1925. 1937. 1951. 1958. un. 1963. 1966. 1967. J.970. 1976. 1987 lUld 1997 by The American Institute of Architects. All rights reserved. WARNING $ This AIA~' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA~ Documentt or any portion of it6 may result in severe 33 civil and criminal penalties# and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 10:38:26 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User Note.. (2873950869) any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice fro' l~e Owner or Architect, the Owner may correct it in accordance with Section 2.4. ~ 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Contractor pursuant to this Section 12.2. ~ 12.2.2.2 The one-year period for correction of Work shall be extended with respect to po performed after Substantial Completion by the period of time between Substantial Comple performance of the Work. ~ 12.2.3 The Contractor shall remove from the site portions of the Work which are not in aCf'o7iance wi~th !h~" requirements of the Contract Documents and are neither corrected by the Contractor nor ac" ep d by the, . er. ~ 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction w ther co let d or partWly completed, of the Owne' "' scp.,.te contracto" c.nsed by the Contractors correc iof,. r rem, o,v, 0 o,k which is not in accordance with the requirements of the Contract Documents, unless the co t otorrectin. su Work is reimbursable to the Contractor under Clause 6.1.8.2 of the Owner/Contractor Agr menr'''~''--' ~ 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period oflimitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the C?Il.tr to correct the Work, and has no relationship to the time within which the obligation to comply with the " nti;ct Documents may be sought to be enforced, nor to the time within which proceedings may be co ced t bli h the Contractor's liability with respect to the Contractor's obligations other than specifically ~ 12.3 ACCEPTANCE OF NONCONFORMING WORK ~ 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements ofth act Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contrac will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS ~%"~%''''''V'' ~ 13.1 GOVERNING LAW f /' ~ 13.1.1 The Contract shall be governed by the law of the place where the Project is located! \ ~ 13.2 SUCCESSORS AND ASSIGNS j ii ~ 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors as representatives to the other party hereto and to partners, successors, assigns and legal repre ,en ch party in respect to covenants, agreements and obligations contained in the Contract Docum' nts. Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without wn en consen 0 other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the contract.~-%--""""""""'.',\, ~ 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to an institu?6na9 er providing , construction fmancing for the Project. In such event, the lender shall assume the Owner's rifhts nd obligations under the Contract Documents. The Contractor shall execute all consents reasonably requir d t facilitate such assignment. ! ~ 13.3 WRITTEN NOTICE I i 13.3.1 Written notice shaIl be deemed to have b= duly '"""00 if delivered m p=on to t~e individnal 0' . memb.. of the firm or entity or to an officer of the corporation for which it was intended, or if deliv~l""Sent-b registered or certified mail to the last business address known to the party giving notice. AlA Document A~OlN _ 1997. Copyright Cl 1911, 1915, 1918, 19~5, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING I This AlAI' Document is protected by u.s. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA~ Document. or any portion of it. may result in severe 34 civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 10:38:26 on 10/29/2004 under Order NO.1000140116_1 which expires on 10/6/2005, and is not for resale. User Notesl (2873950869) ~ 13.4 RIGHTS AND REMEDIES ~ 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. ~ 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a afforded them under the Contract, nor shall such action or failure to act constitute approval of breach thereunder, except as may be specifically agreed in writing. r of a right or duty acquiescence in a ~ 13.5 TESTS AND INSPECTIONS ~ 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract oC1.JI1lents~rbyia , ordinances, ru~es, regu~ations or orders of public authorities having jurisdiction sha~l be ~I e at an appropriate ,time. Unless otherWise provIded, the Contractor shall make arrangements for such tests, Inspections nd approvals With an independent testing laboratory or entity acceptable to the Owner, or with the appropriate p authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present ch procedures. The Owner shall bear costs of tests, inspections or approvals which do not become requirement u 'I after bi sa received or negotiations concluded. '" I I i ~ 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that po~' on of the W drk quire additional testing, inspection or approval not included under Section 13.5.1, the Architect '11, pon wri n authorization from the Owner, instruct the Contractor to make arrangements for such addif na es mg, lnspec on or approval by an entity acceptable to the Owner, the cost of which shall be reimbursable t JheJ:ontractQr as a Cos of the Work, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.5.3, shall be at the Owner's expense. ~ 13.6 INTEREST ~ 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from t such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rat time at the place where the Project is located. d~a is prevailing from time to ~ 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 r portions of the Work to comply with requirements established by the Contract Documents, by such failure including those of repeated procedures and compensation for the Architect' shall be at the Contractor's expense. ~ 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contra Documents, be secured by the Contractor and promptly delivered to the Architect. ~ 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract ~n Architect will do so promptly and, where practicable, at the normal place of testing. {/~, ~ 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made pro ptly to av unreasonable delay in the Work. ! ~ 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD ~o._...."........o,,_...~ ~ 13.7.1 As between the Owner and Contractor: . ',~ .1 Before Substantial Completion. As to acts or failures to act occurring prior totf e r ltivant date of '\ \ Substantial Completion, any applicable statute oflimitations shall commenc to n and any alleged \ cause of action shall be deemed to have accrued in any and all events not lat r n such date of . Substantial Completion; .2 Between Substantial Completion and Final Certificate for Payment. As to ats occurring subsequent to the relevant date of Substantial Completion and pri r t issuance of the final Certificate for Payment, any applicable statute of limitations shall commenc to run and any alleged cause of action shall be deemed to have accrued in any and all events not lat issuance of the final Certificate for Payment; and AIA Document A201- _ 1997. Copyright <> 1911. 1915. 1918. 1925. 1937. 1951. 1958. 1961. 1963. 1966. 1967. 1970. 1976. 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNINGs This AIA~' Document is protected by u.s. Copyright Law and International Treaties. Unauthorized reprOduction or distribution of this AIA'l' Document, or any portion of it, may result in severe 35 civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 10 :38; 26 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User Notes. (2873950869) .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any Warranty provided under Section 3.5, the date of any correction of the Work or failure to correct the Work by the Contractor under Section 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT ~ 14.1 TERMINATION BYTHE CONTRACTOR ~ 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 3 consecutive days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their age ts 'employe other persons or entities performing portions of the Work under direct or indirect contract 'th e Contractor, for any of the following reasons: .1 issuance of an order of a court or other public authority having jurisdiction be stopped; :~:~~~~ government, such as a declaration of national emergency which rea.. IT....... all Work to be because the Architect has not issued a Certificate for Payment and has not n tifitd the Co or of the reason for withholding certification as provided in Section 9.4.1, or beca se ~e Owne not made payment within the time stated in the Contract Documents; or I I the Owner has failed to furnish to the Contractor promptly, upon the Contra !tor' evidence as required by Section 2,2.1. requires all Work to .2 .4 .3 ~ 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire r by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the tot ber 0 days scheduled for completion, or 120 days in any 365-day period, whichever is less. ~ 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the W ~~ntract with the Conn:actor because the O~er has persistently failed to fulfill the Owner's obligatio? ~9~ . n.n:acV" ,," Documents WIth respect to matters Important to the progress of the Work, the Contractor I..... y, pon seven a d)tiOn. laaly" days' written notice to the Owner and the Architect, terminate the Contract and recover fro Owner a pr(j . .0 in Section 14.1.3. ~ 14.2 TERMINATION BY THE OWNER FOR CAUSE ~ 14.2.1 The Owner may terminate the Contract if the Contractor: I .1 persistently or repeatedly refuses or fails to supply enough properly skilled orkers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; ....~ .3 persistently disregards laws, ordinances, or rules, regulations or orders of a pubijc"'auth~!i.tY..hll.y.ip "'\ jurisdiction; or / #'" \ .4 otherwise is guilty of substantial breach of a provision of the Contract Docuten . \ ~ 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Archite . th t sufficient cause ' exists to justify such action, may without prejudice to any other rights or remedies of the OF and after giving the Contractor and the Contractor's surety, ifany, seven days' written notice, terminate emploYfe of the Contractor and may, subject to any prior rights of the surety: i . .1 take possession of the site and of all materials, equipment, tools, and constntetion'equipm machinery thereon owned by the Contractor; ~ 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor , written notice to the Owner and Architect, terminate the Contract and recover from the Owne ent executed and for proven loss with respect to materials, equipment, tools, and construction equipmen including reasonable overhead, profit and damages. AU Document A201- - 1997. Copyright <> 1911. 1915. 1918. 1925. 1937. 1951. 1958. 1961. 1963. 1966. 1967. 1970. 1976. 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING. This AlA!' Document is protected by u.s. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA't Document, or any portion of it, may result in severe 36 civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 10:38:26 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User Notesa (2873950869) .2 accept assignment of subcontracts pursuant to Section 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. Upon request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. ~ 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is fmished. ~ 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of fmishing the Work, inc g compensation for the Architect's services and expenses made necessary thereby, and other damages incurred y e Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages e eed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contrac r may be, shall be certified by the Architect, upon application, and this obligation for payme t s 11 survive termination of the Contract. ~ 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE ~ 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay of.liife.'. rrupt the Work in whole or in part for such period of time as the Owner may determine. .. I ~ 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost an~ ti~ caused suspension, delay or interruption as described in Section 14.3.1. Adjustment of the contracf'.. sur.. . s..hal.l.. in..... ud profit. No adjustment shall be made to the extent: , L . .1 that performance is, was or would have been so suspended, delayed or inte ptea'B)7anonler cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. ~ 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's Contractor shall: .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservatio and except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. .3 ~ 14.4 TERMINATION BYTHE OWNER FOR CONVENIENCE ~ 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without l""""."""-"""'"'''''''''''' \ / I ,-...., . \../ ....,," ~ 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be en'tle 0 recei P\l~eny# for Work executed, and costs incurred by reason of such termination, along with reasonabl ov rhead an prdfit.~ the Work not executed. AU Document A201- - 1997. Copyright <> 1911. 1915. 1918. 1925. 1937. 1951. 1958. 1961. 1963. 1966. 1967. 1970. 1976. 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING I This AlA'" Document is protected by u.s. Copyright Law and International Treaties. unauthorized reproduction or distribution of this AlA'''' Document. or any portion of it. may result in severe 37 civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AlA software at 10:38:26 on 10/29/2004 under Order No.1000140116_1 which expires on 10/6/2005, and is not for resale. User Notes. (2873950869) RESOLUTION R-05-2612 APPROVAL TO ENTER INTO AN AGREEMENT WITH GILBANE BUILDING COMPANY FOR THE CONSTRUCTION MANAGEMENT OF FIRE STATION FACILITIES, IN AN AMOUNT NOT TO EXCEED $402,783, AND DECLARING EXPECTATIONS TO REIMBURSE CONSTRUCTION MANAGEMENT EXPENDITURES WITH PROCEEDS OF FUTURE DEBT WHEREAS, utilizing the Construction Management at Risk approach to construct fire station facilities has distinct advantages to the City; and WHEREAS, these advantages come in the form of increased efficiency, thoroughness, and closer scrutiny into the project delivery; and WHEREAS, the City Council declares expectations to reimburse construction management expenditures with proceeds of future debt. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City Council approves entering into an Agreement with Gilbane Building Company for the construction management of fire station facilities and, declares expectations to reimburse construction management expenditures with proceeds of future debt. AND IT IS SO RESOLVED. PASSED BY A VOTE OF _AYES, _NAYS AND _ABSTENTIONS ON THIS THE DAY OF 2005. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor TRAFFIC SAFETY ADVISORY COMMITTEE MINUTES-July 11, 2005 1. CALL TO ORDER. The meeting of the Traffic Safety Advisory Committee was called to order at 7:05pm in the courtroom of the Colleyville Justice Center at 5201 Riverwalk Drive. Attending were: Bill Hodges Steve Knight Jody Short Sue Kijowski Councilman Rich Hendler-Council liaison Tommy Ingram (Police Chief/COC Staff Rep) 2. Approval of April 11th meeting minutes. Motion to accept by Sue Kijowski, seconded by Steve Knight and approved by committee vote. 3. Staff reported on: . City Truck Route designations and collections for damage to City-owned property, . A vehicle accident on Hall-Johnson involving a utility pole, . Mapped locations of vehicle accidents in the City of Colleyville. 4. Discussion Items: A. Roadway curve on Cheek-Sparger- committee discussed methods to increase notice/warning of the curve and elected to ask city management for more study on the issue and/or options. B. Cheek-Sparger Truck Route-committee asked Staff to research any connecting truck routes at Cheek-Sparger and the City Umits. C. Traffic issues related to Cross Timbers Middle School-discussion regarding options for traffic flow at the school and report by Committee member Kijowski regarding dialogue with the Grapevine Traffic Engineer and GCISD officials on traffic flow at the school. 5. Citizen Comments: No citizen comments were received 6. Adjournment: The TSAC meeting adjourned at 8:40pm APPROVED THIS 3!r~ DAY OF D('_.J-~fo e..r AYES, D NAYSAND D ABSTENTIONS. 2005, BY A VOTE OF '3 Minutes taken and prepared by: ~C~ \~, ~ Tommy C. Ing Chief of Police city Of llC9 Texas PARKS AND RECREATION ADVISORY BOARD MINUTES Monday September 12, 2005 6:30 p.m. Bob Leininger called the meeting to order at 6:32 p.m. on Monday, September 12, 2005 at the Parks and Recreation office. ROLL CALL: Steve Dalri, Connie Hampton, Pat Horn, Bob Leininger, Pete Riis and Councilperson Tom Hart. ABSENT: Jerry Birkes, Nancy Coplen, Vince Rosen, Gil Turner and Councilperson Tony Licata. STAFF: Monica Walsh, Director of Parks and Recreation and Dixie Smith, Administrative Assistant 1 . Call to Order 2. Approval of the August 1, 2005 Parks and Recreation Advisory Board Minutes Pat Horn moved to approve the August 1, 2005 Parks and Recreation Advisory Board minutes. Connie Hampton seconded the motion. The vote was unanimous. 3. Discussion of Eagle Scout Project Chris Bonner of Troop 28 presented his project to define and recover a section of trail at the Colleyville Nature Center. Connie Hampton moved to approve the Eagle Scout project as presented. Pat Horn seconded the motion. The vote was unanimous. 4. Discussion of Eagle Scout Project Chris Plorin of Troop 28 presented his project for improvements at Pleasant Run Soccer Complex. His project included painting soccer goals, building shelves in the storage buildings, providing lockers in the concession stand and attaching a bulletin board to the side of the concession stand. Pat Horn moved to approve the Eagle Scout project as presented. Connie Hampton seconded the motion. The vote was unanimous. Parks and Recreation Advisory Board Meeting September 12, 2005 Page 2 5. Discussion and Consideration of Redirecting Voluntary Park Fund Monies Monica Walsh, Director of Parks and Recreation, reported that she contacted the Finance Director, Terry Leake, concerning using the balance of the GCISD area improvements to provide maintenance of GCISD sites used for baseball practice. Terry Leake confirmed that Voluntary Park Fund monies could not be used for maintenance. Connie Hampton moved to redirect the balance of GCISD Practice Area Improvements ($17,977) into the Voluntary Park Fund. Pat Horn seconded the motion. The vote was unanimous. 6. Update of Parks and Recreation Projects Monica Walsh, Director of Parks and Recreation, gave of an overview of the EDCIP budget for park projects FY 2006 - FY 2010. The budget is developed from CEDC monies, Voluntary Park Fund monies and Parkland Dedication monies based on the priorities established by the Parks and Recreation Advisory Board. On August 26, the CEDC Board recommended approval of the budget. On September 6, 2005 the budget was approved by City Council. 7. Discussion of former City Hall Property Pat Horn, Board member, presented his proposal to use the former City Hall property as a practice facility for youth sports. Monica Walsh, Director of Parks and Recreation, was asked to report back to the Advisory Board at the October 2005 meeting the pros and cons of using the property as practice fields. 8. Recreation, Athletics, Tennis and Seniors' Reports Monica Walsh, Director of Parks and Recreation, provided an overview of the current and proposed recreation programs and activities available to citizens of Colleyville and surrounding areas. 9. Park Operations and Capital Improvement Status Reports Monica Walsh, Director of Parks and Recreation, presented a status report on current projects. Parks and Recreation Advisory Board Meeting September 12, 2005 Page 3 10. Citizen comments/presentations regarding items not on the agenda Pat Horn, Parks and Recreation Advisory Board member, requested that the following items be placed on October's agenda: cost reduction by not printing agenda and packet for Board members, recreation adult tennis league, adult soccer league on Sunday afternoons and volleyball league. 11. Adjournment Pete Riis moved to adjourn at 7:40 p.m. Steve Dalri seconded the motion. The vote was unanimous. Respectfully submitted and approved: ~l /, ,')):~ (,-,:~dtvl Dixie S~ith, Administrative Secretary COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES September 12, 2005 I. CALL TO ORDER - Chair Nancy Eytcheson called the meeting of the Colleyville Public Library Board to order at 7: 01 p.m. ROLL CALL - Members present: Pat Jones, Nancy Eytcheson, Susan Potter, Richard Roxburgh and Carol Wollin Members absent: Karen Birkes, Bonnie Carroll Alternates absent: Dennis Healy and Angie Guthrie-Madison Ex-Officio Members present: Mayor David Kelly, Ginny Tigue, Ret Stansberger and Susan Taylor Ex-Officio Members absent: Steve Banta, Nancy Coplen and Dr. Larry Darlage Council Liaison Present: Tony Licata Staff present: Mary Rodne Other: Joan Cochran and Matt Wetrich II. Approval of August 8, 2005 Minutes - A motion was made by Susan Potter and seconded by Carol Wollin to approve the August 8, 2005 minutes as amended. Motion approved unanimously. III. LIBRARIAN'S REPORT a. Monthly Statistics Library Director Rodne distributed Colleyville Public Library August 2005 Usage Statistics, for review and discussion. Patrons had checked out a total of 13,180 items, 156 Colleyville residents registered for library cards, library patron visits totaled 7,206, attendance for programs totaled 23 and volunteer hours totaled 115.50 hours. Rodne also noted that the total circulation of library materials this year was 27% higher than the total circulation of library materials last year at this time. b. Donations Director Rodne noted that there were no donations, to date, in September. c. Programs Director Rodne presented an overview of fall programs and distributed the Youth Services Programs fall brochure for review and discussion. Rodne reported that Youth Services fall programs had started on September 1 ih and noted that registration for the sessions had been going well. The scheduled story hour sessions were almost filled. It was noted that several new programs, monthly Family Saturday programs and Books and Babies, would be launched this session. Director Rodne added that the fall Chess Club had started on September 6th and that the program had been well received. To date, around 50 were registered. Rodne also presented an update on the Beginner Chess Tournament that the Library had hosted on September 10th. Around 60 had attended. Rodne also presented an update on the Library's volunteer program. The Library had started monthly training sessions for individuals interested in volunteering at the Library. It was noted that all volunteers must attend a training session before they can start volunteering. Nine had attended the first training session in September. Director Rodne also reported that the Library had participated with a display at the first Family Fair sponsored by the Colleyville Elementary School for parents and students. The Library's table promoted library card registration and services of the library. It was noted that the event had been well attended and that many parents and children had visited the Library's table. IV. LIBRARY LONG- RANGE PLANNING UPDATE Chair Nancy Eytcheson introduced long-range planning facilitator Joan Cochran to present an update of the Library Long-Range Planning Process. Joan Cochran opened the presentation with a brief biographical overview for new board members. Cochran noted that she had met with Nancy Eytcheson and Mary Rodne on August 16th to discuss the planning process and presented an updated time line. Chair Nancy Eytcheson discussed the composition of the community planning committee members and noted that Susan Potter would be representing the Board on this committee. She added that Potter would be communicating with the Board about activities of this committee and that the entire Board would be actively involved in the process when the community planning committee had completed their tasks. V. POLICY REVIEW AND DISCUSSION A. Meeting Room Space Policy Director Mary Rodne presented the revised Meeting Room Space Policy for review and discussion. Pat Jones made a motion to approve the policy as presented and Susan Potter seconded the motion. Motion approved unanimously. B. Study Room Policy Director Mary Rodne presented the revised Study Room Space Policy for review and discussion. Carol Wollin made a motion to approve the policy as presented and Pat Jones seconded the motion. Motion approved unanimously. C. Unattended Children Policy Director Mary Rodne presented the Unattended Children Policy for review and discussion. Pat Jones made a motion to approve the policy as presented and Richard Roxburgh seconded the motion. Motion approved unanimously. VI. REVIEW AND DISCUSSION OF COLLEYVILLE PUBLIC LIBRARY FY 2006 BUDGET Director Mary Rodne presented the Colleyville Public Library FY 2006 Budget that had been submitted for approval at the September 20, 2005, City Council Meeting. Chair Nancy Eytcheson noted that in preparing the FY 2005 Colleyville Public Library budget, there were discussions with the Board supporting the use of the Voluntary Library Fund monies for the purchase of collection materials, materials processing supplies and programs to provide funding for additional library staff. It was also noted that during the discussions, additional funding sources, bond monies, private donations and grants, available for collection development, programs and public awareness were noted. Discussion ensued. Consensus of the Board was that these sources should be enhancements to the City Library Department budget. Mayor David Kelly and Council Liaison Tony Licata presented an overview of the City budget process and the City Council Work Initiatives and requested recommendations from the Board. VII. Approval of the use of the Voluntary Library Fund for the purchase of library materials, materials processing supplies and library programs Director Mary Rodne presented an overview of the Voluntary Library Fund attachment. The Board reviewed the Voluntary Library Fund Resolution R-03- 2237 and discussed the proposed expenditure of $102,370 for the purchase of collection materials, materials processing supplies and library programs. A motion was made by Richard Roxburgh and seconded by Carol Wollin to make a recommendation to the City Council to proceed with the expenditure of these funds for the purchase of library materials, materials processing supplies and library programs for the FY2006 budget. Motion approved unanimously. VIII. FRIENDS OF THE COLLEYVILLE PUBLIC LIBRARY REPORT President Susan Taylor gave an update of activities planned for the Friends of the Library. Taylor noted that the Friends would be having a general meeting on November 3, 2005 in the Library meeting room and announced that the featured speaker would be local author Julie Ann Allen who has written an inspirational book. It was noted that the Friends were planning a Used Book Sale on Saturday, November 12, 2005. Susan Taylor also announced that the Friends of the Library had received a Verizon Grant in the amount of $20,000 for a patron computer learning center in the Library. Carol Wollin reported that Verizon would be presenting the check to the Friends at a City Council meeting in the near future. IX. COLLEYVILLE PUBLIC LIBRARY FOUNDATION REPORT President Ginny Tigue reported that the next Library Foundation meeting was scheduled on Monday, September 19, 2005, and that work would be continued on the mystery book-themed dinner, scheduled to be held on November 5, 2005, and the annual mailer. X. SUGGESTED ITEMS FOR FUTURE MEETINGS It was noted that the Circulation, Patron Use and Interlibrary Loan Policies would be reviewed in October. XI. CITIZEN COMMENTS None XII. ADJOURN: A motion was made by Pat Jones and seconded by Susan Potter to adjourn the meeting. Motion approved. The meeting of the Colleyville Public Library Board was adjourned at 8:25 p.m. .~ 1"exas PLANNING AND ZONING COMMISSION MEETING MINUTES - September 26, 2005 CALL TO ORDER Chairman Byerly called the meeting to order at 7:00 p.m. ROLL CALL INVOCATION Present: Commissioners, Dave Dudziak, Luann Edwards, John Blassingame, Denis Duffy and Jeff Byerly Absent: Commissioner Tom Dolan, Thomas Bartkowski Barry LeBaron, Chris Fuller, Amy Shelley and Robert Woods from staff were present. The invocation was given by Commissioner Duffy. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Duffy moved to approve the September 12, 2005 meeting minutes as corrected. Commissioner Dudziak seconded. The motion was approved by the following vote: Aye: Dudziak, Edwards, Blassingame, Duffy and Byerly Nay: None RECOGNITION OF OUTGOING MEMBERS Commissioner Byerly recognized the outgoing members present. He stated always appreciating Luann Edwards's attention to detail. Commissioner Dudziak concurred with Commissioner Byerly and also stated having enjoyed serving with her. Commissioner Edwards stated this group being the best group yet. She stated to the Commissioners to keep up the good questions. SWEARING IN OF NEWLY APPOINTED MEMBERS Amy Shelley swore in the newly appointed members to the commission by having the new members repeat the Oath of Office. The new members include: David Dudziak, Place 5; Mary Taylor, Place 6 and Robert McCormick, Place 7. ELECTION OF OFFICERS Commissioner Byerly moved to have the election of officers and the following were voted: Planning & Zoning Commission Minutes - September 26, 2005 Page 1 of 9 Chairman - Commissioner Duffy made the motion to nominate Commissioner Jeff Byerly to remain the Chairman of the Commission. Commissioner Blassingame seconded the motion. The motion was approved by the following vote: Aye: McCormick, Dudziak, Taylor, Blassingame, Duffy and Byerly Nay: None Vice Chairman - Commissioner Dudziak made the motion to nominate Commissioner Duffy to the Vice Chairman of the Commission. Commissioner Blassingame seconded the motion. The motion was approved by the following vote: Aye: McCormick, Dudziak, Taylor, Blassingame, and Byerly Nay: None LEGAL BRIEFING BY CITY ATTORNEY ON AGENDA ITEMS None CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None Kathy Hadley, 204 Timberline Drive North, stated being very concerned with the rezoning on Timberline Drive South. She stated having concerns with a house being built on Timberline North because it is being constructed with siding only, no brick. She thought Colleyville had standards. She stated having concerns with her neighbors having built a garage facing her house. She stated she feels that since she lives in an older neighborhood, the Commission does not care about it. REGULAR AGENDA ITEMS 1. Case P-OS-038- Minor plat on .8 acres out of the S. Cotrail Survey located at 2212 Glade Road Chris Fuller presented the case and briefed the Commissioners. Commissioner Duffy stated speaking with staff earlier in regards to the easement on the western property line. The plat shows none there. Would staff explain? Barry LeBaron replied code requires a 16 foot utility easement and the easement down the western side of the property would be the proper location. The developer replied to staff in the Development Review letter about there being tree coverage on the west side, there is already an existing 10 foot utility easement on the adjacent property to the east. The developer questioned if there would be any way they could put a 10 foot easement over there and with the two together, the city would have 20 foot of right of way or easement if ever wanting to expand. Barry LeBaron stated when engineering looked at the plan, they stated this area is already developed and, if for some reason in the future, if they needed an easement for new or changed utilities, the east side would be a proper location. Because there is already a 7 foot easement at the back of the property, the L - shaped utility easement for this property would be adequate and it would not affect any Planning & Zoning Commission Minutes - September 26, 2005 Page 20f9 trees. Commissioner Duffy made motion to approve case P-05-038. Commissioner Byerly seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Taylor, Blassingame, Duffy and Byerly Nay: None PUBLIC HEARING AGENDA ITEMS 2. Case Z-05-025 - PUBLIC HEARING - Request for a zoning change from AG to R15 on 0.76 acres out of the Harrell Hughes Survey located at 1512 McCain Lane Chris Fuller presented the case and briefed the Commissioners. Barry LeBaron briefed the Commissioners as to why the property owners want to rezone the property. Commissioner Byerly questioned staff in regards to the property to the east, in the PUDR, is there a structure on that property? Chris Fuller replied correct a single family residence. Commissioner Byerly questioned staff if there is a driveway? Chris Fuller replied the driveway is on McCain Lane. Commissioner Byerly questioned staff if this property is part of the Monterra addition? Chris Fuller replied it appears as though it was at one time and stated having to research to make sure. Commissioner Duffy stated the 1998 Master Plan states no more than 1.8 units per acre, if there is .76 acres that would be 1.36 units. The 2004 Master Plan states the same. Commissioner Duffy questioned if the proposed use will enhance or be a better use than that recommended by the Master Plan? Does the proposed use create a significant benefit to the safety and welfare of the neighborhood? Will it contribute to the city's long term economic wellbeing? He continues, Neighborhood 5 comments, which this property is in Neighborhood 5, maintain no more than 1.7 units per acre. An average lot size of .72, which this property is, equals 1.38 units per acre which is the .7566. In all of the neighborhood comments of the 2004 Master Plan revision, keep the country environment and return to R20 and above in residential development. Commissioner Duffy stated wanting these items to be addressed by the applicant because the overall majority of this area wants the R20 or above zoning. Commissioner Byerly opened the public hearing at 7:27 pm. Carolyn Apodaca, the applicant at 303 Morningstar Court in Co II eyville, presented the request and briefed the Commissioners. Commissioner Duffy stated admiring the survey Mrs. Apodaca has submitted, bypassing the intent of the ordinance, very creative way to show the frontage needed. Commissioner Duffy questioned Mrs. Apodaca if there would be one driveway for both lots? Mrs. Apodaca replied there would be two separate driveways. The lot on the left would have the driveway in the easement and the lot on the right would have the Planning & Zoning Commission Minutes - September 26, 2005 Page 30f9 driveway on the far east boundary giving it a secluded private approach. Commissioner Duffy questioned staff in regards to being able to have a driveway in the easement? Barry LeBaron stated it being ok. Commissioner Duffy questioned if something were to happen to that easement, and the city comes in and tears up the driveway, would it be their responsibility to put it back? Barry LeBaron replied the easements are put back the way the city found them. Robert Woods, City Engineer stated that is policy. Commissioner Duffy questioned staff what is the purpose of an easement if it is concreted? Barry LeBaron replied the easement allows the utilities to be constructed and maintained. Commissioner Duffy stated understanding replacing the easements if they are grass, however, to replace concrete could become expensive. Barry LeBaron stated this easement would be looked at with a separate document; it could be that it could not be concreted over and the applicant would have to move the driveway to the other side of the property. Mrs. Apodaca stated it did not matter to them where the driveway was placed, they could move it if they needed to do so. James Gordon, 6513 Ponderosa Lane, spoke in opposition to the rezoning request and stated having issues with changing the Master Plan and drainage. Kathy Hadley, 204 Timberline Drive North, spoke in opposition to the rezoning request and stated having issues with smaller lots. She also questioned what would happen to the trees on the lot? She stated being very proud of Colleyville. Terry McCain, 1500 McCain Lane, spoke in favor of the rezoning request. He stated he sold the lot to Mrs. Apodaca. He also stated he owns acreage on both sides of her lot and he is not opposed the dividing of the lot. He educated the Commissioners as to where the utilities are located. There being no one wishing to speak, the public hearing was closed at 7:45 p.m. Commissioner Dudziak questioned staff in regards to the rear set back? Chris Fuller replied 25 feet. Commissioner Byerly questioned staff in regards to the minimum lot width in R 15? Chris Fuller replied 100 feet. Commissioner Byerly questioned staff if the applicant would have to apply for a waiver for the lot width? Chris Fuller replied that would be discussed at the time of platting. Commissioner Byerly stated R15 zoning is not consistent with the character of this neighborhood. This property is not on a major collector street and is not in one of the large open areas of Colleyville. It seems the neighborhood does not seem to care by the evidence that none of them are here. He stated if neighbors do not care and it does not affect the open areas, then why should the Commissioners care about the open feel, if the neighbors do not want it. Commissioner Dudziak stated being more comfortable with keeping R20 or better zoning for this area. He stated during the time of completing the Master Plan, the Commission wanted to make sure to keep the open rural feel for Colleyville. He stated having issues with possibly later down the road, there could be a row of R15 zoning, if the properties around the Apodaca's property were to divide. He stated if the Commissioners are going to give guidance, he is not in favor of approving the R15 Planning & Zoning Commission Minutes - September 26, 2005 Page 4 0(9 zoning. Commissioner Byerly stated the Commission would not be setting a precedent; every piece of land is unique. He stated there being R20 zoning in the area and by approving the R15 zoning would not be that much of a difference. Commissioner Duffy stated the Master Plan for Neighborhood #5 is in place and the Commissioners should stick to the Master Plan. The City Council would have the right to grant what they deem the constituents want. He stated the Commissioners need to stick to the Master Plan that was approved by council. He stated this property is in a neighborhood that is in compliance with the Master Plan. He stated the Commissioners should be honest with them and with the Master Plan and deny this rezoning request. Commissioner Byerly stated that when 1.3 units per acre is covered in the Master Plan, that is an average coverage for an area, not each specific lot. Commissioner Duffy stated the average for Neighborhood #5 is 1.38 units per acre, therefore 2 homes exceeds the 1.38 average. Commissioner Taylor stated the value of the subdivision would increase with homes built on the lots. Commissioner Blassingame questioned staff if the applicant could still go to City Council if the Commission denies the case? Barry LeBaron stated city council can change the zoning. Commissioner Duffy made motion to deny case Z-05-025. Commissioner McCormick seconded. The motion to deny was approved by the following vote: Aye: McCormick, Dudziak, Blassingame, Duffy Nay: Taylor, Byerly 3. Case 2-05-026- PUBLIC HEARING - Amend the PUDC zoning on 1.9 acres located at the southwest corner of Colleyville Boulevard and Church Street regarding screening, additional land uses and to allow a special use permit for the sale of alcoholic beverages for off-premise consumption Barry LeBaron presented the case and briefed the Commissioners. Commissioner Byerly questioned staff if the developer wants to do three commercial buildings? Barry LeBaron replied correct, possibly two restaurants and one bank. Commissioner Duffy stated there being several banks in the area which do not bring tax revenue. Commissioner Duffy questioned staff what would happen if the bank were to go in but the retail does not? Barry LeBaron replied this being like other land purchases; the purchase of the land is contingent upon the re-zoning request. Commissioner Byerly questioned staff if three buildings would fit on this property and have room for the required parking spaces? Commissioner Byerly questioned staff if any details have been provided to know the size of the buildings? Barry LeBaron replied not having any details at this time. Planning & Zoning Commission Minutes - September 26, 2005 Page 50f9 Commissioner Duffy questioned staff about the confidence level, if the bank is built, the restaurants would be built as well? Barry LeBaron stated zoning does not guarantee anything other than what the zoning for the property allows. Staff wanted to encourage retail uses for this lot, but sometimes to get the commercial and retail, there is a balance needed, therefore, from what staff can see this development would be balanced. Commissioner Byerly questioned staff in regards to if the PUDC zoning can restrict the amount of area the bank could take and still leave enough space for two restaurants. Barry LeBaron replied the ordinance states limiting this property to one bank not to exceed 4,000 square feet. Commissioner Duffy questioned staff in regards to how much space would be left after the S-curve would go in for the Church Street re-alignment? Barry LeBaron replied a balance of 1.4 acres. Commissioner Duffy stated 3.45 of the code states the maximum lot coverage is 50%. Barry LeBaron replied leaving about 60,000 square feet. Commissioner Duffy questioned staff if those numbers would include parking lot? Barry LeBaron replied just building. Commissioner Duffy questioned staff in regards to there being enough room for two restaurants, one bank and the required parking spaces? Commissioner Duffy questioned staff in regards to if the Commission is amending the PUDC zoning to allow for a bank facility? Barry LeBaron replied correct and the landscape screening. Commissioner Duffy stated the landscape screening not being a big issue to amend, however, to allow for another bank in this area which does not increase tax revenue, would be unwise to amend. Commissioner Byerly opened the public hearing at 8:16 pm. Mike Tussey, N3 Capital, the potential purchaser, presented the request and briefed the Commissioners. He stated the bank is critical to make the project work. He stated this project will be a good development. Commissioner Duffy questioned Mr. Tussey in regards to the bank having knowledge of the other banks in the area? Mr. Tussey replied yes. Commissioner Duffy questioned Mr. Tussey if the other tenants would be revenue generating entities? Mr. Tussey replied yes, one being a drink shop or coffee shop and the other is not leased at this time. Commissioner Duffy questioned staff if the Economic Development Department has researched if coffee shops versus banks versus something else in the area? Barry LeBaron stated this being a good use for a balanced project. He stated there are some opportunities for picking up additional land. Commissioner Duffy stated the original application made mention of off-site alcohol consumption. Mr. Tussey stated the intent is a wine shop. Mr. Tussey stated the bank for this project would be 4,000 square feet and the other buildings would be larger. Attorney Boyle questioned Mr. Tussey if this project is in reference to Chapter 3 Economic Development Agreement? Mr. Tussey replied not knowing the details of the agreement, he stated being on the development side. Attorney Boyle stated to the Commissioners that this sale and corresponding acquisition Planning & Zoning Commission Minutes - September 26, 2005 Page 60(9 is the subject of an Economic Development agreement that has previously been approved by City Council and as part of the agreement it is mandated, in the condition of the sale, that there be retail development as part of this project. Commissioner Duffy questioned Attorney Boyle if that mandate stipulates prior to occupancy permit of the bank? Attorney Boyle replied the terms of that agreement speak more globally. Commissioner Duffy questioned Attorney Boyle in regards to if there is an agreement, then the Commission is to make sure it will adhere to the code? Attorney Boyle replied the Commission is here to consider a zoning case that is pending before you. The agreement has certain opt out provisions on behalf of the purchaser as to whether or not they would want to consummate the transaction. Commissioner Duffy questioned Attorney Boyle in regards to what portion of this property would be used for the re-alignment of Church Street and what portion would be for the retail use? Attorney Boyle used the drawings provided by staff to explain the portions. Commissioner Duffy questioned Attorney Boyle in regards to if this agreement goes through, will the Church Street re-alignment take place? Attorney Boyle replied there is a commitment by the proposed purchaser to both dedicating for the roadway and committing some amount of funds for the roadway. Kathy Hadley, 204 Timberline Drive North, spoke in opposition to the rezoning request. Michael Hershman, President of Eagle Equity Inc., general partner of the owner of Colleyville Town Square, 5600-5604 Colleyville Boulevard, stated this being the first time he has heard about this agreement. He stated concurring with Commissioner Duffy's concerns. He stated not having heard anything from the city as to how this will affect their businesses. James Gordon, 6513 Ponderosa Lane, spoke in opposition to the rezoning request. There being no one wishing to speak, the public hearing was closed at 8:30 p.m. Commissioner Byerly questioned staff in regards to the access issues for Church Street and any drive through bank facility? Attorney Boyle reassured the Commission access to those properties would remain a public right of way. Barry LeBaron replied a drive through bank would be allowed. Commissioner Byerly questioned staff if another drive through facility other than a bank would be allowed in the PUDC? Barry LeBaron replied without having the PUDC ordinance to look at, he could not respond to the question. He stated knowing it would allow restaurants. Commissioner Dudziak questioned the chair in regards to having a preliminary plat in the past for situations like this so that the Commissioners would have more information to make better decisions? Commissioner Byerly stated in the past we have received preliminary plats for situations like this. However, he stated being satisfied with the right of way and Church Street issues. Commissioner Dudziak questioned staff in regards to why not see a preliminary plat? Barry LeBaron replied the original ordinance that was approved on March 2, 2004 stated the developer would have to come before with a plat, so that the prospective Planning & Zoning Commission Minutes - September 26, 2005 Page 70(9 buyer would know about the church street realignment before developing the property. Commissioner Byerly stated not wanting the prospective purchaser or developer to have to undergo the expense of doing a preliminary plat if the rezoning was not going to take place. That is why the Commission sees zoning and platting items separately. Barry LeBaron concurred with Commissioner Byerly and also stated most times when a developer comes forward with a PUD, they will often times submit a preliminary plat at the same time because it will save them time. Commissioner Dudziak questioned staff in regards to is allowing a bank on this property considered platting? Barry LeBaron stated platting establishes the boundaries and on the drawings provided those boundaries are outlined. Often times the developers and potential property owners will want to see a layout of their lot for financial purposes. Attorney Boyle responded this will allow only a bank, not to exceed 4,000 square feet, not a subdivision. Commissioner Dudziak stated the developer has made the decision economically not to provide the Commission with a preliminary plat, therefore he stated not being comfortable approving this without seeing the layout. He stated wanting to know what would be developed or is this prime corner in Colleyville going to be used for a bank. Commissioner Duffy questioned staff in regards to being able to ask for a site plan or plat for a PUD? Barry LeBaron stated the PUD ordinance does not require a site plan provided that the text of the ordinance states the specific use and this ordinance contains the language of specific use. Commissioner Byerly stated the City Council has asked the Commission to look at this ordinance and to add this specific use since the applicant has entered into an agreement with the city. Commissioner Duffy stated for clarity the Commission is suppose to approve this because the city has already entered into an agreement with the applicant. Commissioner Byerly replied regardless, of who the applicant is, whether it is the city or someone else, the same steps, for approving a rezoning or amending a zoning use, are taken. Barry LeBaron replied the Commission is to make a recommendation in regards to amending two sentences with an existing PUD. Commissioner Byerly stated, according to the agreement, a retail component is attached and even though it is not stated in this ordinance, it is in a separate agreement the city council has approved. He stated being satisfied with the checks and balances in place. Commissioner Dudziak stated he would have liked to have had more information about this project before it came to Planning and Zoning. He stated being pro development but when all the information is not provided, it is hard to make the proper decision. Commissioner Byerly re-opened the public hearing at 8:45 p.m. Councilmember Tom Hart, 1717 Avondale, stated understanding the frustration of the Commission. However, the city is not at liberty to release the information per the developer. The anchor property will be a good project for the city of Colleyville. City Planning & Zoning Commission Minutes - September 26, 2005 Page 80(9 Council has reviewed the project and it will be good. Kathy Hadley, 204 Timberline Drive North, stated having issues with agreements being done under the table without the taxpayers being aware. Michael Hershman, President of Eagle Equity Inc., stated still having issues with wanting to know how the access to the property to the north is going to be preserved. He questioned why it being an issue for the developer not submitting a site plan? There being no one wishing to speak, the public hearing was closed at 8:50 p.m. Attorney Boyle stated to the Commissioners the Resolution authorizing the Economic Development Agreement the City Council approved was held in an open meeting and was held in accordance with Charter requirements for the City of Colleyville and the Texas Open Meetings Act. Commissioner Byerly made motion to approve case Z-05-026 adding a bank/financial institution to the list of permitted uses and changing the screening requirement to allow a live evergreen landscape screen of six feet in height but deleting the special use permit to allow the sale of alcoholic beverages for off-premise consumption. Commissioner Blassingame seconded. The motion was approved by the following vote: Aye: McCormick, Taylor, Blassingame, Byerly Nay: Dudziak, Duffy STAFF REPORTS Barry LeBaron welcomed the two new Commissioners aboard and stated there would be a workshop scheduled for the near future. COMMISSIONER COMMENTS Commissioner Duffy concurred with Commissioner Dudziak, while he understands legalities of agreements; he would like to know if an agreement is in place. Not knowing all of the information does not help the Commissioners when voting. When staff recommends approval, they should know all about the case. He stated he felt like the Commission has been used. Commissioner Dudziak questioned Attorney Boyle if the Commissioners can be present during executive sessions with the city council on situations like this? Attorney Boyle replied that would be contingent and decided upon each particular circumstance. Commissioner Dudziak stated being concerned with the business owner not being notified by the city in regards to this development. ADJOURNMENT The Commission adjourned the meeting at 8:55 p.m. by acclamation. Respectfully Submitted, Amy Shelley Planning and Zoning Assistant Approved on: October 10, 2005 Planning & Zoning Commission Minutes - September 26, 2005 Page 90f9 RESOLUTION R-05-2613 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF OCTOBER 18, 2005 WHEREAS, Council has taken action on certain items on the agenda under Business. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Business this date and not otherwise adopted by Ordinance and/or separate Resolution as follows are hereby adopted: a. THAT AND IT IS SO RESOLVED. APPROVED THIS DAY OF _ AYES, NAYS AND ABSTENTIONS. 2005, BY A VOTE OF ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor