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HomeMy WebLinkAbout30 Green Prairie Median 04-62DEVELOPMENT PERMIT PERMIT NO . 04- Project: 04-62 CITY OF C OLLEG E STATION Planning & Development StTVices FOR AREAS INSIDE THE SPECIAL FLOOD HAZARD AREA RE: CHAPTER 13 OF THE COLLEGE STATION CITY CODE SITE LEGAL DESCRIPTION: 6.418 Acre and 44 .13 Acre Tracts in Robert Stevenson League Abstract #54 DATE OF ISSUE: 10-28-4 OWNER: SITE ADDRESS: N/A DRAINAGE BASIN: Spring Creek lg VALID FOR ~MONTHS CONTRACTOR: Jeff Johnston , Quorum Equities Group , LLC NIA 17400 Dallas Parkway , Suite 216 Dallas, TX 75287 TYPE OF DEVELOPMENT: Full Development Permit SPECIAL CONDITIONS: NOTE 11-tC ~ ,kf)Dt:WDv~ s f0-1-NO<TiotJP<L (.,A)tJOITio,.rf. All construction must be in compliance w ith the approved construction p lans ~ All trees required to be protected as part of the la ndscape plan must be completely barricaded in acco rdance with Section 7 .5.E., Landscape/Streetscape Plan Requ irements of the City's Unified Development Ordinance , prior to any operat ions of this permit. The c leaning of equipment or materials within the drip line of any tree or group of trees that are protected and requ ired to rema in is strictly prohibited . The disposal of any waste material such as , but not limited to , paint, oil , solvents , asp ha lt , concrete , mortar, or othe r harmful liquids or materials within the drip line of any tree required to rema in is also proh ib ited . The construction associated w ith this perm it should be complete w ithin 18 months . The Contractor shall take all necessary precautions to prevent silt and debris from leav ing the immed iate construct ion site in accordance w ith the approved erosion control plan as well as the C ity of College Station Drainage Policy and Design Criteria . If it is determined the prescribed erosion control measures are ineffective to retain all sediment onsite , it is the contractors respons ibility to implement measures that will meet City, State and Federal requirements . The Owne r and/or Contractor shall assure tha t all disturbed areas are sodden and establ ishment of vegetation occurs pr ior to remova l of any silt fencing or hay bales used for temporary eros ion control. The Owner and/or Contractor shall also insure that any disturbed vegetat ion be returned to its original condition , placement and state . The Owner and/or Contractor shall be responsible for any damage to adjacent properties , city streets or infrastructure due to heavy machinery and/or equ ipment as we ll as eros ion , siltation or sedimentation resulting from· the permitted work . In accordance w ith Chapter 13 of the Code of Ord inances of the City of College Station , measures shall be taken to insure that debris fro m construct ion , eros ion , and sed imentation shall not be deposited in city streets , or existing drainage fac iliti es . I hereby grant t hi s perm it for development of an area outs ide the special flood hazard area . All development shall be in accordance w ith the plans and specifications submitted to and approved by the City Engineer in the development permit app li cation for the above named project and all of the codes and ordinances of the City of College Stati on that appl y. /0-2-8-0f Da te Date FOR OFFICE USE ONLY CASE NO.: M--a c.;, 2 DATESUBMIIIED: p] ;t5J04 SUBMITI'AL CHECKED BY: PERMIT TO CONSTRUCT ACCESS DRIVEWAY FACILITIES ON CITY OF COLLEGE STATION RIGHT-OF-WAY To: A\c i At\ G' lldas c: \; Co l!2 -· Dear Sir or Madam: The City of College Station her~y autho~ the co~ctiqn on public right-of-way for development of access to your property which abuts b f a\/\S____DlU r I c i~ provided you agree to and comply with the following conditions: 1. Design of facilities shall be as follows and /or as shown on sketch: t Maintenance of facilities constructed hereunder shall be the responsibility of the property owner, and the City reserves the right to acquire any changes, maintenance or repairs as may be necessary to provide protection of life or property on or adjacent to the public right-of-way. Changes in design will be made only with approval of the City Engineer. 3 . The owner shall hold harmless the City and its duly appointed agents and employees against any action for personal injury or property damage sustained by reason of the exercise of the permit. The City of College Station will assist as follows : This permit shall not be valid until owner signs the statement in which he agrees to comply with the conditions herein . The City Engineer sh. .. :mld be contacted at least twenty-four (24) hours before beginning the work authorized by this pennit. CJfy ~ ~tion City Engineer Date: JO-2@--f l (We), the ff rsigned, hereby agree to accept and comply with the terms and conditions set out in this permit Lor construe1'. n of access driveway facilities on public right-of-way. Signed : J ":'IL ·, s(} Date: lo---z.z -04- CS ACCESS PERMIT ACCESS.DOC 3n.S/99 j u JI l of2 / .. / / CITY OF COLLEGE STATION PLANNING DIVISION POST OFFICE BOX 9960 1101 TE XAS AV ENUE October 28, 2004 Jeff Johnston Quorum Equities Group, L.L.C. 17400 Dallas Parkway, Suite 216 Dallas , Texas 75287 COLLEGE STATION , TEXAS 77842-9960 (409) 764-35 70 Re: Conditions to the Permit to Construct Access Driveway Facilities Dea r Mr. Johnston, This Driveway Permit is issued with the following conditions: • The contractor must construct improvements in accordance with the approved construction plans and City specifications • The construction associated with this permit shall be completed within 18 months of the date of issuance • The City will be provided access for inspection and compliance • The City will hold the Letter of Compliance and acceptance for the associated proposed median and turn lane improvements on Greens Prairie is contingent upon this proposed on-site drive and apron completion • The property owner or developer is to provide/maintain barricades at the apron on Greens Prairie until the proposed drive is opened • The property owner or developer is to provide a joint access easement upon the adjacent existing drive removal • (As you agreed) In the future event that the existing adjacent driveway is not removed and a Site Plan is submitted utilizing the proposed driveway, it may be a condition of the Site Plan for the property owner or developer to construct a right turn lane from a distance east of the proposed driveway to the SH 6 frontage road . • (As you obligated) The property owner or developer that the future southbound Lakeway Drive intersection with Greens Prairie will have a "no right turn on red" • The proposed median opening will have "no u-turn" sign(s) posted Sincerely, ~~ Alan P. Gibbs, P.E. Development Engineer CITY OF COLLEGE STATION PLANNING DIVISION PO ST OFFICE BOX 9960 1101 TEX AS AV ENUE October 28 , 2004 Jeff Johnston Quorum Equities Group , L.L.C . 17400 Dallas Parkway, Suite 216 Dallas, Texas 75287 COLLEG E STATI ON, TEX AS 77 84 2-9960 (409) 764 -3570 Re: Right-Of-Way Permit for Proposed Gree ns P ra irie Median and Le ft Turn Lane Improvements Dear Mr. Johnston, This document serves as the Right-Of-Way Permit for the Proposed Greens Prairie Median and Left Turn Lane Improvements. Th is perm it is issued with the following conditions : All items listed the City Code of Ordinances, Chapter 3, Section 2: Right-Of- Way Maintenance are required. The following specific items are additionally highlighted. • Prior to construction , the contractor must be registered with the City and provide the insurance and bonds • The contractor must construct improvements in accordance with the. approved construction plans and City specifications • The owner is required to provide Plans-Of-Record (As-Builts) prior to acceptance • The construction associated with this perm it shall be completed within 18 months of the date of issuance. • The City will be provide access for inspection and compliance • The City will hold the Letter of Compliance and acceptance of the proposed infrastructure contingent upon the associated proposed on-site drive and apron completion Sincerely, ~~ Alan P. Gibbs, P.E . Development Engineer ' ' I .. Traffic Access Study for a Proposed Mixed-Use Development on Greens Prairie Road in College Station, Texas July 22, 2004 Prepared for : Quorum Equities Group, LLC 17400 Dallas Parkway, Suite 216 Dallas, Texas 75287 Prepared by: DeShazo, Tang & Associates, Inc. Engineers • Planners 400 S. Houston Street Suite 330 • Union Station Dallas, Texas 75202 Phone214/748-6740 Fax 214/748-7037 DT&:A#04107 Traffic Access Study (DT&A #0410 7) TABLE OF CONTENTS INTRODUCTION _________________ 1 Purpose~~~~~~~~~~~~~~~~~~~~~~~~ 1 Site Description 1 Study Area 4 Study Parameters 4 TRAFFIC IMPACT ANALYSIS ______________ 5 Approach 5 Site-Generated Traffic Projection 5 Trip Generation and Mode Split 5 Trip Distribution and Assignment 7 Analysis Traffic Volumes 7 Intersection Operational Analysis 16 Summary of Results 19 Recommendations 20 APPENDIX A: Trip Generation Excerpts APPENDIX B: Spring Creek Corporate Campus Trip Distribution & Peak Hour Traffic Volumes APPENDIX C: Existing Traffic Data Sheets APPENDIX D: Detailed Description of LOS & ICU Methodology APPENDIX E: Detailed Capacity Analysis Software Output Datasheets " DeShazo, Tang & Associates, Inc. Engineers + Planners 400 South Houston, Suite 330 Dallas, TX 75202-4899 214n48~740 • FAX214n48-7037 email : dta@dcshazotang .com TECHNICAL MEMORANDUM 10: Mr. Jeff Johnston -Quorum Equities Group, LLC FROM: DeShazo, Tang & Associates, Inc . DATE: July 22, 2004 RE: Traffic Access Study for a Proposed Mixed-Use Development on Greens Prairie Road in College Station, Texas; DT&A No. 04107 INTRODUCTION Quorum Equities Group, LLC retained the services of DeShazo, Tang & Associates, Inc . (DT&A) to conduct a Traffic Access Study for a proposed mixed-use development located in the north quadrant of the intersection of Greens Prairie Road and the SH-6 East Frontage Road in College Station, Texas. The proposed median opening will provide three-quarter-access at the driveway on Greens Prairie Road with left-turns out of the site prohibited. Purpose The purpose of this study is to project and evaluate the anticipated traffic impact, if any, of the proposed median opening. This report summarizes the findings of the study for use by Quorum Equities Group, LLC in a request for partial access on Greens Prairie Road. The proposed access point is located approximately midway between the SH-6 East Frontage Road and Lakeway Drive. The request is for a median opening in order to allow both left-and right-tum movements into the driveway but limit exiting traffic to right turns only. This study analyzes the impact of the median opening for two specified buildout conditions: site buildout and regional buildout. Background traffic growth, site-related traffic, and projected traffic for a planned corporate campus north of the site are each taken into consideration in this study . Site Description The study site is located at Greens Prairie Road and the SH-6 East Frontage Road. There is currently a gas station/convenience store, a McDonalds restaurant, and a dry cleaner at the north comer of the intersection. The study site, which is currently vacant, wraps around these existing businesses. The proposed development includes various retail uses, restaurants, a drive-in bank, and a small hotel. The assumed buildout year for the proposed development is 2011 . A vicinity map showing the site location is provided for reference in Exhibit 1. A preliminary site plan as provided by the architect, O'Brien & Associates, Inc ., is shown in Exhibit 2 . Traffic Access Study for Mixed-Use Development on Greens Prairie Road · Page I . ' -' • Exhibit 1 Vicinity Map Traffic Access Study for a Mixed-Use Development at Greens Prairie Road & SH-6 • I I I ( / / / / / / / / / / ® NORTH 1 ,--- DeShazo, Tang & Associates, Inc. July 22, 2004 Study Area The study area is located at the southern end of the City of College Station. The study area was defined by DT &A in order to assess the impact of the proposed median opening to the local area roadway traffic. The following intersections are included in the study area. + Greens Prairie Road at the SH-6 East Frontage Road + Greens Prairie Road at Lakeway Drive + Greens Prairie Road at Driveway A (location of proposed median opening) Study Parameters This study analyzes the day-to-day traffic operational conditions that are anticipated to be the most critically impacted by the proposed development at site and regional buildout conditions. Based upon the traffic generation characteristics of the development and the prevailing background traffic conditions, the following periods were analyzed: • Traditional weekday AM and PM peak hours of adjacent street traffic + at buildout year 2011 without site-generated traffic + at buildout year 2011 with site-generated traffic + at regional buildout year 2025 without site-generated traffic + at regional buildout year 2025 with site-generated traffic o with median opening o without median opening An annual growth rate of 2.5% was applied to current intersection traffic volumes to project background traffic volumes for each analysis year. In addition to the proposed site development, this study also considers the planned 240-acre Spring Creek Corporate Campus to be located north of the site. It is assumed that approximately fifty percent of the Corporate Campus will be developed by regional buildout year 2025 . This assumption is based upon historical data for development of similar land uses within the region. Projected traffic was calculated for the Campus, distributed to the roadways, and added to background traffic for year 2025 . Year 2011 background traffic does not include any traffic for the Corporate Campus. Traffic Access Study for Mixed-Use Development on Greens Prairie Road · Page4 TRAFFIC IMPACT ANALYSIS Approach DeShazo, Tang & Associates, Inc. July 22, 2004 This study analyzes the operational conditions for the weekday peak hours within the study area as defined above using standardized analytical methodologies where applicable. Current traffic volume data were collected within the study area to represent existing traffic conditions. Growth factors were applied to the existing volumes to project future background traffic at the site buildout and regional buildout years. Additional traffic volumes were calculated and added to the regional buildout year background traffic volumes to represent the anticipated impact of the planned Spring Creek Corporate Campus. Then , traffic generated by the proposed development was added to the background traffic to represent the site- plus-background conditions and determine the traffic impact (if any) of the requested partial-access median opening. Intersection Level-of-Service was determined for the traditional weekday AM and PM peak hour under each development condition. Site-Generated Traffic Projection The process used to project the added traffic volumes associated with development of a particular site consists of four steps: trip generation, mode split, trip distribution, and traffic assignment. Results obtained from these steps are based upon available data and professional judgment. Trip Generation and Mode Split Trip generation is summarized in vehicular trip ends. A trip end is an origin or a destination. Each site- generated vehicle trip has two trip ends: one inbound and one outbound. The Institute of Transportation Engineers (ITE) Trip Generation manual (7tb Edition) is an established source of trip generation information and is accepted as the standard methodology to determine trip generation volumes for land uses where sufficient data exists. It is a compilation of data collected across the country for various land uses which is statistically summarized as a function of one or more independent variable (such as building gross floor area, number of employees, etc .). It is assumed that "mode split'' characteristics (i .e ., consideration of vehicle occupancy, transit usage, and other factors that may effect site-generated traffic volume) for the subject site are ''typical" and are sufficiently incorporated in the default Trip Generation data. Using the ITE regression equations, the trip generation volumes for the proposed development were determined and are summarized in Table 1. The same methodology was used to calculate trips generated by the Spring Creek Corporate Campus for regional buildout year 2025. A summary of the projected Campus traffic is provided in Table 2 . Excerpts from Trip Generation are provided in Appendix A . Traffic Access Study for Mixed-Use Development on Grt;ens Prairie Road Page5 DeShazo, Tang & Associates, Inc. July 22, 2004 Table 1. Trip Generation Summary for Proposed Site WEEKDAY AM PEAK PM PEAK ITE LAND USE (CODE) QUANTITY TRIPS TRAFFIC HOUR TRAFFIC HOUR Total In Out Total In Out Hotel (310) 80 Rooms 343 31 19 12 47 25 22 General Office (710) 13,780 SF 290 38 33 5 94 16 78 Free-Standing Discount 205,000 SF 11,218 377 192 185 810 397 413 Superstore (813) Specialty Retail Center 44,000 SF 1,920 ---127 56 71 (814) Supennarket(850) 109,121 SF 8,697 704 429 275 999 509 490 Drive-in Bank (912) 4,421 SF 1,063 55 31 24 202 101 101 Quality Restaurant (931) 10,800 SF 971 9 5 4 81 54 27 Fast-Food Restaurant with 11,500 SF 5,705 611 312 299 398 207 191 Drive-Thru (934) Total: 30,208 1,825 1,021 804 2,758 1,365 1,393 As noted in Table 1, the proposed development is projected to generate approximately 30,208 trip ends in a 24-hour weekday period. This total includes 1,825 and 2, 758 trip ends during the AM and PM peak hours, respectively. Table 2. Trip Generation Summary for Spring Creek Corporate Campus WEEKDAY ITE LAND USE (CODE) QUANTITY TRIPS General Office (710) 200,000 SF 2,275 Research & Development 700,000 SF 4,974 (760) Wafer Fabrication Plant 1,000,000 SF (NA) - Total: 50°/e Total: AM PEAK PM PEAK TRAFFIC HOUR TRAFFIC HOUR Total In Out Total In Out 327 288 39 303 52 251 769 638 131 663 100 563 750 623 127 750 113 637 1,846 1,549 297 1,716 265 1,451 923 775 148 858 133 725 Traffic Access Study for Mixed-Use Development on Gr,eens Prairie Road Page6 DeShazo, Tang & Associates, Inc. July 22, 2004 Trip Distribution and Assignment Traffic that a development is expected to generate must be distributed and assigned to the roadway system in order to analyze its impact to roadway intersections within the study area. Trip distribution is an estimate of site-generated trip orientation by percentage based upon factors such as regional demographics, land use density, and roadway network configuration and conditions. Trip assignment is an allocation of site-generated trips to the available access points (driveways) and intersections within the study area to determine turning volumes at specific locations on the roadway network. For this analysis, current traffic data were used to determine directional distribution of site traffic and the Spring Creek Corporate Campus traffic. Additional factors considered in distributing projected traffic include the current widening project on Greens Prairie Road, the planned conversion of the SH-6 Frontage Roads to one-way operation, and the planned construction of a U-turn lane (Northbound Turnaround) at SH-6, on the north side of Greens Prairie Road. Construction of the Texas Department of Transportation (TxDOT) SH-6 Ramp/Frontage Road improvement project is expected to begin later in 2004 or 2005. The projected site traffic was distributed to the roadways and assigned to site driveways accordingly. Inbound and outbound trip distributions for site-generated traffic are summarized in Exhibit 3 and Exhibit 4. By multiplying the site trip generation totals by the trip distributions, the site- generated traffic volumes were obtained. The AM and PM peak-hour, site-generated traffic volumes for site buildout conditions are summarized in Exhibit S. Trip distributions for the Spring Creek Corporate Campus and resulting peak-hour, Campus-generated traffic volumes for year 2025 are provided in AppendixB. Analysis Trafflc Volumes Intersection peak hour turning movement volumes were manually collected on Tuesday, May 18, 2004. The volumes were first adjusted to account for the collection date being between Texas A&M University semesters. Volumes oriented towards the University during the AM peak hour and away from the University during the PM peak hour were increased by 5% to adjust for additional University-generated traffic. The resulting volumes were then modified to account for the conversion of the SH-6 Frontage Roads from two-way to one-way operation. Exhibit 6 shows the adjusted/modified base year 2004 peak hour intersection traffic volumes. Detailed existing traffic data are provided in Appendix C. Based upon the recommendations of City staff, an annual growth rate of 2.5% was applied to existing volumes to obtain background volumes for site buildout year 2011 and regional buildout year 2025. The calculated 2011 background volumes are provided in Exhibit 7. The calculated regional buildout year 2025 background volumes plus the projected Spring Creek Corporate Campus traffic volumes are summariz.ed in Exhibit 8. The site-generated buildout traffic volumes were added to the background volumes for both study years to obtain background-plus-site volumes, as summarized in Exhibit 9 and Exhibit 10. Traffic Access Study for Mixed-Use Development on Grt}ens Prairie Road Page7 -2%(2%) r 2%(2%) r 10%c11%) Drwy. #E Drwy . #F Site Drwy.#D Drwy. #C Drwy . #B • ~3%(2%) ~ 15%(15%) ~25%(25%) -3%(2%) -18%(18%) Exhibit 3 Projected Site-Generated Peak Hour Inbound Trip Distribution Traffic Access Study for a Mixed-Use Development at Greens Prairie Road & SH-6 ~ 11%(5%) ,....... . -,....... NW ... 12%(13%) ~~ ~~ r 10%c12%) .J ~ Drwy . #G 00 'ft. ~ .:, .J Drwy. #A 21%(17%) ~ LEGEND ... 9%(14%) r 3%(4%) , 00 ~ ~ ~ .:, it -00 ~~ . ,....... ,...., ,,. ~~ ~~ ~ 3%(7%) ... 7%(13%) , t -N "' -';/:.~ ,....,,....... N c;; ~ t!. N .T .S . Lakeway Drive SH-6 East Frontage Road XX % = AM Peak Hour Traffic Distribution ( YY%) =PM Peak Hour Traffic Distribution Site 7%(6%)-f' 0\ ~ ~ 00 ~ Drwy. #F 23% (24%) -f' i:::i ~ ~ 0\ ~ Drwy . #G 21%(15%)J 12%(18%)- 15% (12%).,. Drwy. #A 300/o (38%).,. N.T.S. Lakeway Drive Drwy.#D Drwy.#C Drwy. #8 • .. 29%(24%) ..-19%(16%) Exhibit 4 -a ';fe. ~ I.A ~ ... 12%(11%) Projected Site-Generated Peak Hour Outbound Trip Distribution Traffic Access Study for a Mixed-Use Development at Greens Prairie Road & SH-6 LEGEND _.., ..., .., ~~ ~~ _.., ~~ .!,....!,., SH-6 East Frontage Road XX% = AM Peak Hour Traffic Distribution ( YY%) =PM Peak Hour Traffic Distribution ~o ~ 0 ~ !. ~ N.T.S. ~ Pl s: G 0 ;;; WV. V\ ~ 112 (68) ,....- '::J $~ ... 20(27) .s ... 123 (177) ... 92(191) r 20<21) r 102 (150) \... r 102 (164) ..J ~ r 31 (55) Lakeway 0(0)-+ ,.. 56(84)-+ ,.. 185 (334) ... ,.. 169 (209) _;I ""I Drive V\ °' i::j '° 96(251)-+ 00 °' ~ '° 121 (167)""" N t::3 'S ,.... V\ v. ~ ~ Drwy. #E .::; Drwy. #F Drwy .#G i::j oo-N,-.. ,....- ~~ Site .J ~ Drwy. #A 241 (529)""" ""It -00 0\ N w,.... Drwy. #D ,.... V\ Drwy.#C N V\ Drwy. #B 00 '-' .:::l 00 N '° °' ~ 0 V\ °' V\ ,.... °' ,....,.... ,.... -,..... ;::;:~ "' -..... ,ei '-' .s .!:=!~ ~ 31 (96) .J .J ..J ..J ~ ... 71 (177) SH-6 East ~ 31 (27) ~ 153 (205) ~ 255 (341) ""It Frontage Road +-233 (334) +-183 (250) +-280(385) 214 (232) ~ -N V\ -w .j>. ,....,.... -N $~ • Exhibit 5 LEGEND Projected Site-Generated Peak Hour Traffic Volumes XX =AM Peak Hour Traffic Volume Traffic Access Study for a Mixed-Use Development at Greens Prairie Road & SH-6 (YY) = PM Peak Hour Traffic Volume ~~ ~ ~ (!) ~s N.T.S. Cl> "'Q ~ s: 0 ,,,. 0 ..,. ,....._..,. N,,,. .._.,....._ "-12 (47) .::9~ ~ ... f'" 224 (318) Lakeway -------------------------------------------------------t I"' Drive -"' :;;.:~ ""'""' ..., ..., ..... ,,,. ~= Site Drwy . #A ---- ,,,._ WN NO ""'""' "-19(16) WN ~,§ ,._ 101 (249) ..... ~ f'" 49 (97) SH-6 East ~ t Frontage Road ..., ..... NO ..., ..... B~ ~~ • Exhibit 6 LEGEND ' Modified Base Year 2004 Traffic Volumes XX =AM Peak Hour Traffic Volume Traffic Access Study for a Mixed-Use Development at Greens Prairie Road & SH-6 (YY) =PM Peak Hour Traffic Volume • ~ 14 (56) -r 266 (378) N .T.S. _______________________________________________________ .,._ ____ __ Lakeway Drive Site Exhibit 7 Projected Year 2011 Background Peak Hour Traffic Volumes Traffic Access Study for a Mixed-Use Development at Greens Prairie Road & SH-6 Drwy .#A ---- LEGEND ~ 23 (19) ... 120(296) -r 58 (115) SH-6 East -, + Frontage Road "'~ ~- XX =AM Peak Hour Traffic Volume (YY) =PM Peak Hour Traffic Volume N.T .S . el- l "'8 I ~ ~-:'.l ~ 20 (79) I .S~~ _. 62 (16) .., 225 (45) ! .., 225 (45) .J + la... ,-376 (534) Lakeway ~~~~~--~~~~~~~~~~~~~~~~..-~~~~~~~-+-~~~~~~~-+-~~~ 33 (203)-.i 33 (203)-.1 33 (203)-. j o (O) ~ -, t f' Drive I I I 9(65) _. I I I 24 (138) "'"' I I Drwy. #E Drwy . #F Drwy. #G a ,... -'N ; + ----t Site Drwy. #A Drwy.#D Drwy .#C Drwy. #B • I I I I . -1,624 (1,419) Exhibit 8 I I I I . -1,624 (1 ,419) I I I I I -1,624 (1 ,419) LEGEND XX =AM Peak Hour Traffic Volume (YY) =PM Peak Hour Traffic Volume 93 (13) ~ ~ 79 (44) -201 (427) ,.. 82 (163) Projected Year 2025 Background Plus Spring Creek Corporate Campus Peak Hour Traffic Volumes Traffic Access Study for a Mixed-Use Development at Greens Prairie Road & SH-6 SH-6 East Frontage Road ... 20(27) r 2oc27) r102 c15o) 0(0)-+ ,.. 56 (84)-:+ ,.. VI "' j;J ~ "' )::3 VI Drwy. #E .:: Drwy.#F Site VI ~ 112 (68) ~~~ -:::i ~-i.-. 8 ... 123 (177) ....... ~.:::3 \... r 102 (164) .J • \... 185 (334) ... ,.. 169(209) ..A "' 96(251) ... "' )::3 121 (167)""' N ~ Drwy. #G 00 "' 00 "' N.-. .-. 00 ~~ Drwy.#A .J • 241 (529) ~ ~ 14 (56) ... 92(191) r 291 (433) ""I t ,.. 00 --i N <.> N .-. "' .,,. VI.-..-. ~t~ .:::3~ ""I t -"' "' .,,. .., _ N .T .S. Lakeway Drive Drwy. #D Drwy.#C Drwy.#B ~~ .:::3d ~ ~ .J • 00 0 VI .-. "' .-. -i .:: 8 .J .J ~ 31 (27) ~ 153 (205) ~ 255 (341) ... 1,251 (1,317) + 1,201 (1,233) ... 1,298 (l,368) Exhibit 9 Projected Year 2011 Background + Site-Generated Peak Hour Traffic Volumes Traffic Access Study for a Mixed-Use Development at Greens Prairie Road & SH-6 ~~ 000 lA-:::J ~ 54(115) 00 "' ~~ ... 191 (473) .J • r 58 c115> ""I t 214 (232) ~ VI -~o ..... ~ .,,. .-. ~-- LEGEND SH-6 East Frontage Road XX =AM Peak Hour Traffic Volume (YY) =PM Peak Hour Traffic Volume ·- .. S' Q ~ ~ 0 p. ~ N.T.S. ~ s: <'II --.:i 0 0\..,. -..,. "-112 (68) ~~8 "-20 (79) '::) -0\,-.. ~v.-.:i -225 (45) -245 (72) s -347 (222) .._,~~ -154 (207) r 20 c27) rl02 (ISO) ~ r 102 (164) .J ~ ~ r 401 (589) Lakeway 33 (203)-. f' 89 (287)-. f' 217 (538) _. f' 169(209) J ... t f' Drive ..,. 0\ ~ "' 105 (316) _. ...,..., _ 0\ t 0\. ~ E 144 (305)""" NS ~ .-...-.. ..... v. ~ ~ g:,... Drwy. #E ,::; ~ ...... -..,. Drwy .#F Drwy. #G ..,. '-' ~ OO'"' ...,,:- ,-... .,. ~~ Site Drwy. #A .J ~ 241 (529)""" ... t --0\ • ..... ~ Drwy. #D Drwy. #C Drwy. #B ~~ ..,. .:::! t: 00 oo-.:::! N°' ~ 0 "' ~? .-.. 0\ -v: -'::) -.:i-"-109 (140) ~ -s ~2! ...... -272 (605) .J .J .J .J ~ r 82 (163) SH-6 East "-31 (27) "-. I 53 (205) "-. 2SS (341) ... t Frontage Road -1,857 (l,754) -1,807 (1,670) -1,904 (1 ,805) 307 (245) ~ -.:i-..,. . 00 &l -v: 00 ...,.-.. 00 :-...... j Exhibit 10 • Projected Year 2025 Background Plus · Site-generated Plus LEGEND Spring Creek Corporate Campus~generated Peak Hour Traffic Volumes XX =AM Peak Hour Traffic Volume Traffic Access Study for a Mixed-Use Development at Greens Prairie Road & SH-6 (YY) =PM Peak Hour Traffic Volume ., DeShazo, Tang & Associates, Inc. July 22, 2004 Intersection Operational Analysis Traffic operational conditions for roadway intersections are quantitatively measured in terms of average delay per vehicle using methodology developed by the Transportation Research Board as presented in the Highway Capacity Manual (HCM). HCM also qualitatively rates the overall delay conditions in terms of "Level-of-Service" (LOS) ranging from "A" (free-flowing conditions) to "F" (over-capacity conditions). A detailed description of LOS is provided in Appendix D . Intersection capacity analyses presented in this study were performed using the Synchro 5 software package. Signalized intersection results were obtained directly from the software output based upon optimized signal phasing and cycle lengths. Unsignalized intersection capacity analyses at Driveway A were also performed using the Synchro 5 software package. However, unsignalized intersections of driveways with major thoroughfares are not recognized in the HCM methodology -this methodology was designed to evaluate low-to moderate- volume intersections with comparable volumes on intersecting streets. This methodology breaks down under conditions where one street carries significantly greater traffic volume than the opposing street (or driveway). The analysis of the unsignalized intersections within the study area was based upon an alternative methodology provided in the Synchro 5 software called Intersection Capacity Utilization (ICU). ICU is not based upon average vehicle delay but rather a calculated volume-to-capacity technique that is more adaptive to the major-street intersection conditions. A description of the ICU methodology is also provided in Appendix D. It should be noted that this ICU analysis technique is not yet a well-established methodology, however the results may provide a more quantifiable representation of operational conditions at unsignalized intersections on major thoroughfares. A summary of intersection operational conditions during the peak periods under the analysis scenarios presented previously is provided in Table 3. The intersection of Lakeway Drive and Greens Prairie Road is currently a 'T' -intersection with Lakeway Drive approaching from the southeast and ending at Greens Prairie Road. The Lakeway Drive extension will be constructed adjacent to the study site when the site is developed. Lakeway Drive will be extended further north when the Spring Creek Corporate Campus is developed in order to provide access to the Campus in addition to Pebble Creek Parkway. It was assumed that a traffic signal would be warranted at the intersection of Lakeway Drive and Greens Prairie Road by year 2011 due to heavy left-tum volumes from Lakeway Drive onto Greens Prairie Road and increasing traffic volumes on Greens Prairie Road due to on-going developments within the immediate area. Existing/anticipated intersection geometries used in the analyses and recommended future improvements are provided in Exhibit 11 . Detailed software output is provided in Appendix E. Traffic Access S tudy for Mixed-Use Development on Gr.eens Prairie Road Page 16 DeShazo, Tang & Associates, Inc. July 22, 2004 Table 3. Peak Hour Intersection Traffic Operations Analysis Results Year 2011 Year2025 Intersection Peak Background Background* plus Hour Background plus Background* Site Traffic Traffic Site Traffic Traffic with median without median opening opening Greens Prairie Road@ AM B c c D [D] D [D] Lakeway Drive PM B D E F [C] F [D] AM -A* -B* B* Greens Prairie Road@ Driveway A PM -c* -D* o* Greens Prairie Road@ AM A B D F [C] F [C] SH-6 East Frontage Road PM B E c F [E] F [E] NOTES : • = Background traffic includes the Spring Creek Corporate Campus for 2025. A.B,C,D,E,F = Level-of-Service (for signalized intersection analysis based upon HCM methodology, unless otherwise noted). [ ] = Level-of-Service with recommended mitigation applied. = Level-of-Service for unsignalized intersection analysis based upon Synchro 5 -ICU methodology. Traffic Access Study for Mixed-Use Development on Gr~ens Prairie Road Page 17 Site Drwy. #A • Exhibit 11 Existing and Recommended Intersection Geometry Traffic Access Study for a Mixed-Use Development at Greens Prairie Road & SH-6 ~tf. htt~] tt s:: htt] ~t htt] LEGEND N .T .S. Lakeway Drive SH-6 East Frontage Road XX =AM Peak Hour Traffic Volume (YY) = PM Peak Hour Traffic Volume . - • ' . ,· DeShazo, Tang & Associates, Inc. July 22 , 2004 Summary of Results In analysis year 2011, the intersections of Greens Prairie Road with Lakeway Drive and with the SH-6 East Frontage Road will each operate at LOS A or B with projected background traffic volumes. The addition of site traffic will cause conditions at Greens Prairie Road and SH-6 East Frontage Road to fall to an LOSE during the PM peak hour. The intersections of Greens Prairie Road with Lakeway Drive and with Driveway A (with the proposed left-tum-in access) will operate at LOS D and LOS C , respectively, with background plus site-generated traffic. For analysis year 2025 , with site-generated traffic and existing roadway geometry, the intersection of Greens Prairie Road with the SH-6 East Frontage Road will operate at LOS F during both peak hours and the intersection of Greens Prairie Road with Lakeway Drive will operate at LOS F during the PM peak hour. The recommended roadway improvements will result in improved intersection operational conditions of LOSE or better at both intersections. It should be noted that these analysis results represent a worst-case scenario, especially at the intersection of Greens Prairie Road and the SH-6 East Frontage Road. Although the future U-tum lane (Northbound Turnaround) at SH-6 on the north side of Greens Prairie Road was considered for the distribution of both site and Spring Creek Corporate Campus traffic, the current traffic volumes were not modified to account for the U-tum lane. Many of the vehicles currently turning left from Greens Prairie Road to travel north on the Frontage Road will most likely use the U-tum lane once it is available. In addition, due to current traffic congestion problems at the Rock Prairie Road/SH-6 interchange located north of Greens Prairie Road, some motorists use Greens Prairie Road as an alternate route. With planned improvements scheduled to begin soon at the interchange of SH-6 and Rock Prairie Road, it is likely that some of the offset traffic will shift back to the improved interchange. The total impact of the future roadway improvements to the traffic volumes at Greens Prairie Road and the SH-6 East Frontage Road is not yet known, but it can be assumed that the intersection conditions will improve. The main purpose of this study is to project and evaluate the anticipated traffic impact, if any, of the proposed median opening. In order to accomplish this, a comparison of operational conditions with and without the requested median opening (with the recommended roadway improvements) was made. The results show no change to the overall intersection levels-of-service except at Lakeway Drive during the PM peak hour. With the requested median opening for the left-tum movement into Driveway A, the Lakeway Drive intersection will operate at an LOS C. Without the median opening, the left-tum movements will be shifted from Driveway A to Lakeway Drive, which will result in an LOS D at Lakeway Drive. The individual northeast-bound, left-tum movement at Lakeway Drive will operate at an LOS C with the median opening verses an LOS F without it. Similarly, during the AM peak hour, the same movement will operate at an LOS C with or an LOS D without the median opening. These results are based upon the assumption that without the median opening motorists who would have turned left into the site at Driveway A will instead tum left onto Lakeway Drive. In reality, many of those motorists will make a U-tum at Lakeway Drive which will have an even greater impact, compared to only left turns, to the operational conditions at the Lakeway Drive intersection. Other individual movements at the intersections are not significantly impacted by the median opening. These results suggest that the requested median opening with a 250-to 300-foot left-tum storage bay will not negatively impact the flow of traffic on Greens Prairie Road and it may actually improve conditions at the intersection with Lakeway Drive. Traffic Access Study for Mixed-Use Development on Grf}ens Prairie Road Page 19 DeShazo, Tang & Associates, Inc. July 22, 2004 Recommendations Based upon the analysis results, DT &A recommends the following: Greens Prairie Road & Lakeway Drive: • Add an exclusive northeast-bound, right-tum lane on Greens Prairie Road . A queue study should be conducted after the SH-6 East Frontage Road south of Greens Prairie Road is converted to one-way in order to detennine the appropriate storage length. • Add an exclusive southeast-bound, right-tum lane on the future Lakeway Drive extension • Monitor northwest-bound, left-tum volumes on Lakeway Drive. Projected area growth is likely to result in the need for dual, left-tum lanes for this approach. Greens Prairie Road & SH-6 Frontage Roads: • Widen and/or re-stripe to provide two through lanes for each approach on Greens Prairie Road • Provide an exclusive northeast-bound, left-tum lane on Greens Prairie Road extending entire length between the Frontage Roads • Add an exclusive northwest-bound, right-tum lane on SH-6 East Frontage Road Greens Prairie Road & Driveway A: • Reconfigure median on Greens Prairie Road by eliminating southwest-bound, left-tum lane at SH-6 East Frontage Road (when Frontage Road is converted to one-way service south of Greens Prairie Road) and constructing in it's place a northeast-bound, left-tum auxiliary lane at the site Driveway A with 250-300 feet of storage NOTE: Recommendations for public improvements within the study area presented in this report reflect the opinion of DT &A based solely upon technical analysis and professional judgment and are not intended to define, imply, or allocate funding sources nor required improvements. Applicable legal precedent indicates that the Owner of a Project should only be required to proportionately fund necessary infrastructure improvements that are directly attributable to implementation of the Project. Such requirements will depend upon the individual circumstances of each project that may be viewed differently by each particular agency/municipality. END Traffic Access Study for Mixed-Use Development on Gr~ens Prairie Road Page20 ' October 27 , 2 004 Veronica J.B . Morgan, P.E. Mitchell & Morgan 511 University Drive East, Suite 204 College Station , Texas 77840 Re: Proposed Greens Prairie Median Improvement and Application for Permit to Construct Access Driveway Facilities Dear Ms. Morgan, The subject plans have been reviewed and have the following comments: Proposed Greens Prairie Median Improvement -Right-Of-Way Permit v 6. ~ 8 . 9 . Increase the median nose concrete thickne s s from 4 " to 7". Remov e the Curb Detail which does not depict a monolithic curb and gutter. Pro v ide a concrete pavement joint plan. Additionally, clarify specifics on the proposed longitudinal joint adjacent to the east bound lanes as a keyed joint w ill not be practical. Lastly , clarify the "jog" in the mentioned joint at appro x imate Sta. 18 +80. Provide a "blow-up" of the proposed median break including grades , lane width , ~ian n§S on the eastern median, etc . Provide ;etail and note for the proposed end joints in the stamped median concrete and match existing stamping pattern. Provide a note in the Turn Lane Construction detail that the both proposed edges shall be "sawcut neatl y". Provide a detail regarding proposed pavement section including altered subgrade , compaction, testing , etc . R emove the reference to TxDOT appro v al on the Traffic Control Plan. FYI: The Right-Of-Way Permit Letter is required to be in accordance with the City Code of Ordinances , Chapter 3, Section 2 : Right-Of-Way Maintenance . The Permit will have the conditions that the contractor must comply or pro v ide: the insurance and bonds in accordance with the registration in 2 .F.l(e): Proof oflnsurance and Bonds , all items in 2 .F .2 : Construction Permits , the construction associated with this permit shall be completed within one year of the date of issuance. Application for Permit to Construct Access Driveway Facilities t/1. Provide details of the drive to connect to the Exxon/McDonald's including grading and provide a note that the drive should be constructed at the time of the apron. Provide the elevations and details of the proposed culvert and sizing rationale. FYI : The Driveway Permit will have the following conditions: The developer is to provide/maintain a curb at the common property line and barricades at the apron on Greens Prairie . Upon removal of the existing driveway at Exxon/McDonalds the curb and barricade shall be removed and a joint access easement shall be provided by separate document. In the future event that the existing driveway is not removed and a Site Plan is submitted utilizing the proposed driveway , it may be a condition of the Site Plan to construct a ri ght tum lane from a distance east of the proposed dri veway to the SH 6 frontage road. It is understood that the developer obligated that the future southbound Lakeway Drive intersection with Greens Prairie will have a "no right turn on red". As always, if you have any questions please do not hesitate to contact me to discuss this further at (979) 764-3570. Best Regards, Alan P. Gibbs , P.E. Development Engineer October 15 , 2004 Veronica J. B. Morgan, P.E. Mitchell & Morgan 511 University Drive East, Suite 204 College Station, Texas 77840 Re: Greens Prairie Road Median Improvements and Driveway Permit Ms . Morgan , This letter is provided as a follow-up to our meeting recently regarding the proposed subject improvements. At the direction of the City Manager, the proposed improvements would entail two processes, a request for a change order to a CIP project and an application for a driveway permit. Construction Plans and an engineer's estimate for the median improvements should be forwarded to Bob Mosley for review as a change order to the CIP involving Greens Prairie. Reviews should be accomplished within five working days. Upon an acceptable design, the City will forward the Construction Plans to Young Contractors, the City's contractor for Greens Prairie CIP, for a change order cost. If acceptable, the developer should make a check payable to the City in the amount of the change order and the City will process a change order with Young. Time allowing, the City will attempt to schedule the median improvements ahead of construction underway in the proximity to avoid demolition costs. It is understood that the developer obligated that the future southbound Lakeway Drive intersection with Greens Prairie will have a "no right turn on red " signage. An application for a driveway to the existing Exxon/McDonalds, including both the apron and drive, should be submitted to my office. As above , reviews should be accomplished within five working days. If the application proposes the existing drive at Exxon/McDonalds is to remain at this time , the following conditions will accompany the permit: The developer is to provide/maintain a curb at the common property line and barricades at the apron on Greens Prairie. Upon removal of the existing driveway at Exxon/McDonalds the curb and barricade shall be removed and a joint access easement shall be provided by separate document. In the future event that the ex isting driveway is not removed and a Site Plan is submitted utilizing the proposed driveway, it may be a condition of the Site Plan to construct a right turn lane from a distance east of the proposed driveway to the SH 6 frontage road . If the application proposes the existing drive at Exxon/McDonalds is to be removed at this time, a joint access easement shall be provided by separate document. As always if there are any related questions , please do not hes itate to contact me. Best Regards, Alan P. Gibbs , P.E . Development Engineer Cc: Tom Brymer Mark Smith Bob Mosley Kimberly Foutz Joey Dunn October 27, 2004 Veronica J.B. Morgan, P .E. Mitchell & Morgan 511 University Drive East, Suite 204 College Station, Texas 77840 Re: Proposed Greens Prairie Median Improvement and Application for Permit to Construct Access Driveway Facilities Dear Ms. Morgan, The subject plans have been reviewed and have the following comments: Proposed Greens Prairie Median Improvement -Right-Of-Way Permit 1. Increase the median nose concrete thickness from 4" to 7". 2. Remove the Curb Detail which does not depict a monolithic curb and gutter. 3 . Provide a concrete pavement joint plan. Additionally, clarify specifics on the proposed longitudinal joint adjacent to the east bound lanes as a keyed joint will not be practical. Lastly, clarify the "jog" in the mentioned joint at approximate Sta. 18+80 . 4 . Provide a "blow-up " of the proposed median break including grades , lane width, median nose on the eastern median , etc. 5. Provide a detail and note for the proposed end joints in the stamped median concrete and match existing stamping pattern. 6 . Provide a note in the Tum Lane Construction detail that the both proposed edges shall be "sawcut neatl y". 7. Provide a detail regarding propo sed pavement section including altered subgrade, compaction, testing , etc . 8. Remove the reference to TxDOT approval on the Traffic Control Plan. 9. FYI : The Right-Of-Way Permit Letter is required to be in accordance with the City Code of Ordinances , Chapter 3, Section 2: Right-Of-Way Maintenance . The Permit will have the conditions that the contractor must comply or provide: the insurance and bonds in accordance with the registration in 2 .F . l(e): Proof of Insurance and Bonds , all items in 2 .F.2 : Construction Permits , the construction associated with this permit shall be completed within one year of the date of issuance. Application for Permit to Construct Access Driveway Facilities 1. Provide details of the drive to connect to the Exxon/McDonald 's including grading and provide a note that the drive should be constructed at the time of the apron. 2. Prov ide the elevations and details of the proposed culvert and sizing rationale . 3 . FYI: The Driveway Permit will have the following conditions: The developer is to provide/maintain a curb at the common property line and barricades at the apron on Greens Prairie. Upon removal of the ex isting driveway at Exxon/McDonalds the curb and barricade shall be removed and a joint access easement shall be provided by separate document. In the future event that the existing driveway is not removed and a Site Plan is submitted utilizing the proposed driveway, it may be a condition of the Site Plan to construct a right turn lane from a distance east of the proposed driveway to the SH 6 frontage road. It is understood that the developer obligated that the future southbound Lakeway Drive intersection with Greens Prairie will have a "no right turn on red". As always, if you have any questions please do not hesitate to contact me to discuss this further at (979) 764-3570. Best Regards , Alan P. Gibbs, P .E. Dev elopment Engineer October 15 , 2004 Veronica J. B. Morgan , P.E. Mitchell & Morgan 511 University Drive East, Suite 204 College Station, Texas 77840 Re: Greens Prairie Road Median Improvements and Driveway Permit Ms. Morgan , Th is letter is provided as a follow-up to our meeting recently regarding the proposed subject improvements . -At the Elirection of the City Manager~e proposed improvements would entail two pro~gses, a request for a ch~rnge .Grder to a Cl P project and an application for ~veway rmit. Construction Plans and an engineer's estimate for the median improvements should be forwarded to Bob Mosley for review as a change order to the CIP involving Greens Prairie. Reviews should be accomplished within five working days. Upon an acceptable design , the City will forward the Construction Plans to Young Contractors , the City 's contractor for Greens Prairie CIP, for a change order cost. If acceptable , the developer should make a check payable to the City in the amount of the change order and the City will process a change order with Young. Time allowing , the City will attempt to schedule the median improvements ahead of construction underway in the proximity to avoid demolition costs. It is understood that the developer obligated that the future southbound Lakeway Drive intersection with Greens Prairie will have a "no right turn on red " signage . An application for a driveway to the existing Exxon/McDonalds, including both the apron and drive , should be submitted to my office. As above, reviews should be accomplished within five working days. If the application proposes the existing drive at Exxon/McDonalds is to remain at this time, the following conditions will accompany the permit: The developer is to provide/mainta in a curb at the common property line and barricades at the apron on Greens Prairie. Upon removal of the existing driveway at Exxon/McDonalds the curb and barricade shall be removed and a joint access easement shall be provided by separate \ \ \ \ l document. In the future event that the existing driveway is not removed and a Site Plan is submitted utilizing the proposed driveway, it may be a condition of the Site Plan to construct a right turn lane from a distance east of the proposed driveway to the SH 6 frontage road. If the application proposes the existing drive at Exxon/McDonalds is to be removed at this time, a joint access easement shall be provided by separate document. As always if there are any related questions, please do not hesitate to contact me. Best Regards , Alan P. Gibbs, P.E. Development Engineer Cc : Tom Brymer Mark Smith Bob Mosley Kimberly Foutz Joey Dunn Alan P. Gibbs, P.E. Sr . Asst. City Engineer -Devel op ment Public W orks Depart ment City of Co ll ege Statio n P. 0 . Box 99 6 0 Co llege Stati o n, Texas 77842 Ph: (979) 764-3570 Fx : (979) 764-3496 agibbs@cstx .gov www.cstx .gov City of College Station PUBLIC WORKS DEPARTMENT Trans111ittal To: E>L ~L Go t::>'{ From: A lan P. Gi bbs Firm: 1Z.ISK Date: fo-~o-~ Phone: -Pages: - Fax: ----CC: ----- Re: ~~ Pff\1?lE fVL €))I ft.N tl{,( -(2ow ft:YWJ.l\ D Urgent ~r Review ~ase Comment D Please Reply D Please Recycle •Items : - •Comments: Bond No . 808 138 INSURORS INDEMNITY COMP ANY 3701 W. Waco Dr., P.O. Box 2683, Waco, TX 76702-2683 800-933-7444 SUBCONTRACTOR'S COMBINATION PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we, Brazos Paving, Inc. (Subcontractor), as Principal, a nd lns urors Indemnity Company, of Waco, Texas, as Surety, are he ld and firmly bound unto C .A . Wa lk er Construction and City of Co llege Station Contractor, as Oblige , in the penal s um of One Hundred Thirty Two Thousand Seven and 50/100---DOLLARS($ 132,007.50), lawful mo ney of the U nite d States of America, for the paym e nt of w hi ch , well and truly to be m ade, we bind ourselves , our heirs, executors , ad m ini strators , successors and assigns , jointly a nd severa ll y, firmly by these presents. WHEREAS, said Su bcontractor, Principal he re in , did o n the 12th day of May, 20 0 5 , make a nd e nt er in to a written s ub co ntract with said Co ntractor, w he re by said Principal as a subcontractor und ertakes a mong other things to pe rform certain portions of the contract between the said Contractor and Falcon Compani es dated the~ day of ~~n connection with the construction of Concrete Paving for Spring Creek Commons. l ODS' NOW, THEREFORE, the conditi o n of this ob li gation is s uch , that ifthe Principal shall fait hfully perform the work contracted to be performed a nd comp ly with a ll provisions unde r s uc h s ubcontract, shall pay, or cause to be paid in fu ll , the c laims of a ll persons performing labor upon or furnis hin g materials to be used in , or furnishing app lianc es , eq uipme nt or power contributing to such work, and shall indemnity and save harm les s the Obligee from a ll cost and damage by reason of the Principal's fai lure so to do, then this obligation s hall be vo id ; otherwise to remain in full force a nd effect. T he total amo unt of the S urety's li abi li ty under thi s bond s ha ll in no event exceed the penal sum hereof. No right of action or recovery s ha ll accrue hereunder to or for the use of any person or ent ity other than the Contractor named herein, its he irs , exec utors, ad mini st rators or assigns. Provided , however, as to the Co ntractor, t he right to recovery sha ll be up on the following expressed co nditi o ns, t he performance of which sha ll be a condition precedent: First: That in the event of any default on the part of the Principal , written notice thereof sha ll be delivered to the Surety as promptly as possible , and in any event w ithin ten (I 0) d ays after the Co ntractor shall become aware of such default, a nd upon Contractor 's becom in g aware of s uc h default, no furthe r payments sha ll be made und er the sai d sub contract witho ut the written consent of S urety. If the Principa l s hall aba nd o n said s ub co nt ract or be compe ll e d by the Contractor to cease operations thereund er, t hen Surety shall have the option to proceed or procure others to proceed with th e performance of such s ub contract, a nd all reser ves , deferred payments , a nd other monies prov id ed by said s ub contract to be p a id to the Principal shall be paid to the Surety, at the same times and under the same conditions as by the term s of sa id s ub contract s uc h monies wou ld have been paid to the Principal had t he sub contract been performed by the Principal. The Surety sha ll be ent itl ed to all s uc h payments a nd monies in preference to any ass ig nee of t he Principal or a ny adverse claimant ; but if the Co ntractor shall complete o r relet the sa id subcontract, all reserves , deferred payments or other monies remaining after payment for such completion s ha ll be paid to the Surety or app li ed as the Surety may direct toward the sett le ment of any obligation or li abi lity incurred here und er. Second: That the Co ntractor sha ll faithfully perform a ll of the terms, covenants a nd conditions of said s ub contract o n the part of t he Contractor contracted to be performed. In no event shall payment or payments to Subcontractor fro m Contractor be in an amo unt g reater than nin ety-five percent (95%) of the value of the work performed by Subcontractor to t he date of suc h payment. Contractor s hall reta in the rema inin g five percent (5%) of a ll payments and all rese rv es or deferred payments for a period of thirty (30) days after comp letion a nd acceptance of the tota l project by the Contractor, or a pe riod to correspond to the app lic ab le lien period in which not ic es o f claims of li en by pe rsons performing work or furnish in g material s und er s aid contract may be fi led , or until a ll s uch claims have be en paid unl e ss the S ur ety sha ll consent in writin g to the payment of said fi nal payment, rese rves or deferred payments . Third: That the Surety shall not be li ab le fo r a ny damages resulting from strikes , labo r difficulties, or from mobs , riots , c ivil ' commotion, public enemy, fire, the elements, shifting of e lements, acts of God or defects or faults in the plans or specifications referred to in said subcontract or for repairs or reconstruction of any work or materials damaged or destroyed by any of said causes; or for damages arising out of injuries to persons or property or for the death of any person or persons, or under or by virtue of any statutory provision for damages or compensation for injury to or the death of any employee ; or for the infringement or validity of any patent ; or for the efficiency or wearing qualities of any work done or materials furnished or the maintenance thereof or repairs thereto; or for the furnishing of any bond or obligation other than this instrument. Fourth: If there be more than one Contractor named in this bond then it is understood that the rights of the Contractors or any of them under this bond are conditioned upon the faithful performance by or an behalf of the owner of all of the conditions of the contract by him to be performed . Fifth: That no suit, action proceeding by the Contractor to recover on this bond shall be sustained unless the same be commenced within twenty-five (25) months from the date upon which Contractor gave Surety written notice of default as provided herein. Sixth: That the Surety is obligated only to the dollar amount shown on the face of this bond . If any additions or alterations of the original contract upon which this bond was issued occur, increasing or altering the contract price, Surety is obligated only to the proportional amount that the original contract bears to the altered contract price , un less expressly waived by the Surety in writing. No right of recovery shall accrue hereunder to or for the use of any person or entity other than the Obligee named hereunder. SIGNED, sea led and dated this 29th day of June, 2005 . INSURORS INDEMNITY COMPANY -By :--1..Ll~~....._....f_..__.'.L......j,A)£......<1~0£<a~~=-----­~orney-in-Fact) ... It:1Il Uf0f5 P.O. Box 2683 • 3701 W . Waco Drive· Waco , Tx 76702-2683 effilll_!:y Internet info@insurors .com • 800-933-7444 ·Fax 254-755-6399 olTipany-~~~~~~~~~~~~~~~~~ IMPORTANT NOTICE -AVISO IMPORTANTE To obtain information or make a complaint: You may call lnsurors Indemnity Company's toll-free telephone number for information or to make a complaint at: 1-800-933-7444 You may also \Vr ite to lnsurors Indemnity Company at: P .O. Box 2683 Waco, TX 76702-2683 Or 3701 W . Waco Driv e Waco , TX 76710 You may contact the Texas Department of Insu rance to obtain information on companies, coverages, ri g hts or complaints at 1-800-252-3439 You may write the Texas Department ofl nsurance at: or fax at: P .O . Box 149104 Austin, TX 78714-9104 1-512-475-1771 PREMIUM OR CLAIM DISPUTES : Should you have a dispute concerning your premium or about a claim, you should contact the agent or the company first. If the dispute is not resolved , you may contact the Texas Department oflnsurance. ATTACH THJS NOTICE TO YOUR POLICY : This notice is given to comply with Section 2253.021, Government Code, and Section 53.202, Property Code, effective September I , 2001. iic/forms/notice Para obtener inform acion o para someter una queja: Usted puede llamar al numero de telefono gratis de lnsurors lndemnity Company's para informacion o para someter una queja al 1-800-933-7444 Usted tanbien puede escrib ir a lnsurors Indemnity Company: P.O . Bo x 2683 Waco, TX 76702-2683 0 3701 W. Waco Drive Waco, TX 76710 Pued e co municarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al 1-800-2 52-34 39 Puede escrib ir a l Departamento de Seguros de Texas: or fax at: P.O . Box 149104 Austin , TX 78714-9104 1-512-475-1771 DJSPUTAS SOBRE PRIMAS 0 RECLAMOS : Si tiene una disputa concemiente a su prima o a un reclarno, debe comunicarse con el agente o la compania primero . Si nose resuelve la disputa, pu ede entonces comunicarse con el departamenfo (TD!).· - UNA ESTE AVISO A SU POLIZA : Este aviso esta dado para acatar con Section 2253.021 Govern ment Codey Section 53.202, Property Code efectivo, Septiembre I, 200 I . .. I ln.surors P.O . Box 2683 • 3701 w . Waco Drive· Waco, Tx 76702-2683 UQeffiillJ.Y Internet info@nsurors .com • 800-933-7444 ·Fax 254-755-6399 LoITlpany-~~~~~~~~~~~~~~~~~- RIDER ------------------------------------------------------------------------------------------------------------------------------ NOTICE OF DISCLOSURE TO ALL BOND PRINCIPALS/POLICYHOLDERS/OBLIGEES TERRORISM RISK INSURANCE ACT OF 2002 This notice is provided in accordance with the Terrorism Risk Insurance Act of 2002, effective November 26, 2002 (the Act). Under this Act, te r rorism coverage must be made available in your bond or policy . Pursuant to the Act, the United States will pay 90 11'1 of covered terrorism losses exceeding the deductible established by the Act until total insured losses under the program exceed $100 billion. The premium for cov erage for terrorist acts certified under the Act for this bond or policy is Zero DolJars ($0.00). With respect to any one or more "certified acts of terrorism" under the Terrorism Risk Insurance Act of 2002, Insurors Indemnity Company wilJ not pay any amounts for which we are not responsible under the terms of the Act (including subsequent action of Congress pursuant to the Act) due to the application of any clause which results in a cap on our liability for payments for terrorism losses . . EXCLUSION OF LIABILITY FOR MOLD, MYCOTOXINS, AND FUNGI TO ALL BOND PRINCIP ALS/POLICYHOLDERS/OBLIGEES The Bond to which this Rider is attached does not provide coverage for , and the surety thereon shalJ not be liable for, molds, living or dead fungi, bacteria, allergins, histamines , spores, hyphae, or mycotoxins, or their related products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or appea r ance. Rev. I 0.1.2004 BRAZOS PAVING, INC. P. 0. Box 714 • Highw 2 . ay 1 \Nest • Bryan, TX 77806 3So ~ J ~o rL Le\.-+. Tu rz..N L r\N l 6 N G, l'LU.,.N 5 ?ru_ \ fc-,j' !.. K cL' ,] } l 07 /05 /200 5 09:34 FAX 9792603564 MITC HELL and MOR GAN IWn 1 2 3 4 5 6 7 8 9 10 11 M ITCHE LL MM MORGA N Greens Pra irie/SH 6 -Left Turn Lane Engineer's Estimate Octob er 2004 ~ ~ !m2.I!.!!! Prepare Right-<>f-Way LS $ 1,500 .00 $ Mobilization LS $ 6,000 .00 $ Cellulosa Fiber Mulch Seeding SY 40 s 2.00 s Traffic Control LS 1 $ 70 ,000 .00 s Performance Bond EA 1 s 7,500 .00 s Subtoal $ 10" Lime Traa ted Subgrade SY 727 $ 8.00 s 7" Reinforted Concrete Paving (4000 ps i) SY 661 $ 40 .00 $ Remove Concrete (Paving and Median) SF 7504 $ 1.00 s Wheelchair Ra mps EA 2 $ 700 .00 s R&inforced Concrete Sidewalk -6' Wide SF 376 $ 3.00 $ 5" Stamped Colored Concrete (Medians ) SF 3094 s 5.00 s Subtotal s TOTAL-> $ 15% Contingency-> $ TOTAL-.>1$ 511 UNIV ER SITY DRIVE EAST, SUITE 204 • CO LL EGE STAT ION, TX 77840 • T 979 .260.6963 • F 979 .26 0.3 564 CIVIL ENGINEERIN G • HYDRAULICS • HYDROLOGY • UTILITIES • STR EETS • SITE PLANS • SUBD IVISIONS i nfo@mitc h ellandmorg~n .com • www.mitchell andmo rgan .c om 141002 /002 1,500.00 6,000 .00 80 .00 70 ,000.00 7,500.00 15,0IO;OO 5,816.00 26,440 .00 7,504 .00 1,400 .00 1,134 .00 15,470.00 57,76'.00 142 844.00 21,426.60 164,270.60 07 /05 /2005 09 :34 FAX 9792603564 MITCHELL and MORGA MITCHELL l\9f1 MORGAN PLAN AND DESIGN SPECIALISTS IN CIVIL ENGINEERING By4raalica • Bydrolo11 • Utillties • Streets • Site Plaas • Sabdlmloa1 FACSIMILE TUNSMITTAL SHEBT COMPANY : TOTAL NO. OF PAGES INa.uI>lNG COVEi: d- 14100 1/002 CJ UlGENT a POl lEVIEW a PLEASE COMMENT 0 PLEASE lEPLY 0 PLEASE llCYCLE • 511 Univtrslly Drive East. Suite 204 •College Station • Texaa • 77840 879 .260.6H3 • 979.260 .3504 fu: • lnfoQ1111tcll1ll1nd111org1n .com www .ml1Ghtll1ndmor9an.com • C .A. WALKER CONSTRUCTION PO BOX 19069 Houston , Texas 77224 (713) 956-7070 (office) (713) 957-3358 (fax) CONTRACT NUMBER: 05-5302 JOB NAME: FALCON COMPANIES -SPRING CREEK COMMONS PHASE NUMBER: 020-068 SUBCONTRACT AGREEMENT THIS SUBCONTRACT, made and entered into this 12TH day of May, 2005, by and between C.A. WALKER CONSTRUCTION, Houston, Texas and BRAZOS PAVING, INC., hereinafter called Subcontractor, located at P.O. Box 714, Bryan, Texas 77806, (979)-822-7605 telephone, (979)-823-2659 fax, WITNESSETH: 1. WORK: That the subcontractor will complete all of the CONCRETE PAVING as per Exhibit "A" subcontractor's scope of work on the FALCON COMPANIES -SPRING CREEK COMMONS project located at Corner of S.H, 6 and Greens Prairie Road, College Station, Texas 77805 . All work will be in strict accordance with plans and specifications furnished by MITCHELL & MORGAN, L.L.P. (hereinafter referred to as the Architect) and all associated revisions , drawings and details constituting the Contract. The Subcontractor agrees to comply to all city, state, and national codes, rules and regulations which apply to this project. The Subcontractor hereby agrees with C.A. WALKER CONSTRUCTION , to furnish all labor, material, equipment and supervision to complete all the work described in Exhibit A. Subcontractor has examined all sections of the plans and specifications and includes all items necessary for the coordination of the work of this contract to other trades . This Agreement includes all costs including, but not limited to, sales , use , personal property and transportation taxes required for completion of work under this contract. 2. CONTRACT AMOUNT: C .A. WALKER CONSTRUCTION, agrees to pay Subcontractor for said work the sum of One Hundred Thirty Two Thousand and Seven Dollars and Fifty Cents ($132,007.50) subject to additions and deductions as herein provided, including the deviation of ten percent (10%) retainage, which shall be paid by C .A. WALKER CONSTRUCTION, to Subcontractor as the work progresses in monthly installments. 3. SUBMITTALS: Subcontractor shall submit Seven (7) Copies of all necessary submittals required by the project specification. All plans and specifications must be purchased by the Subcontractor, Supplier or Vendor. In the event that Subcontractor installs and/or supplies a product that has not been approved through the submittal process and is rejected , for any reason, the Subcontractor is obligated, at his own expense, to provide and install the approved item , while maintaining all work according to the construction schedule. 4. DOCUMENTS: The subcontractor shall be bound to C.A. WALKER CONSTRUCTION for all the terms and provisions of the general conditions of the specifications in the same manner that C.A. WALKER CONSTRUCTION is bound to the Owner, with like force and effect. If the subcontractor varies from the plans and specifications, drawings and details , C.A. WALKER CONSTRUCTION shall have the right and power to, at any time, object to , and order the work objected to, be removed or replaced. 5. TOOLS AND EQUIPMENT: The subcontractor shall provide all specified materials, tools, accessories , scaffolding and equipment which may be necessary to properly execute this contract, including all items necessary or usual in work of this kind to make a complete and workmanlike job to the satisfaction of the Architect and Engineer and to C.A. WALKER CONSTRUCTION. 6. TAXES: Subcontractor shall pay, or cause to be paid , when due , all taxes of every kind imposed, levied, or assessed by any governmental authority with respect to the Work, including taxes for labor, materials, and equipment utilized in connection therewith and expressly including all sales, personal property, excise and payroll taxes. Subcontractor, upon request of Contractor, shall furnish satisfactory evidence of such payments. 1. BRAZOS PA YING, INC. SUBCONTRACTOR INITIAL HERE CONTRACT NUMBER: 05-5302 7. JOB CONDITIONS: If the proper performance of any item of work by Subcontractor depends upon the proper performance of any item of work by C.A. WALKER CONSTRUCTION , or another subcontractor whose work precedes in time the work of the Subcontractor, the Subcontractor shall, prior to commencement of his work, report any deficiencies of such preceding work to C.A . WALKER CONSTRUCTION, in writing. Subcontractor's commencement of work without having reported any such deficiency shall constitute an admission by Subcontractor that such preceding work was properly done and shall not be entitled to any additional compensation for the proper performance of his work regardless of the condition of such proceeding work . Subcontractor shall be responsible for determining the field dimensions, material, and labor requirements relating to his work and shall not delay on estimates of statements of C. A. WALKER CONSTRUCTION , with respect to such matters. 8. PROTECTION AND LOSSES: The Subcontractor shall secure and protect its work and shall bear and be liable for all loss or damages of any kind which may happen to the work or any materials to be incorporated therein at any time prior to the final completion and acceptance thereof. C.A . Walker Construction shall not be responsible for any damages done to the work or property of the Subcontractor unless such damages shall be caused by the direct negligence of C.A. Walker Construction. 9. WARRANTY: Subcontractor guarantees his work against all defects of material or workmanship and guarantees that such work shall be in strict compliance with the Contract Documents. Subcontractor's guarantee shall be for a period of one (1) year from the date of acceptance of the project by the Owner. Such guarantee is to include all cost of repairing and replacing subcontractor's work to comply strictly with the Contract Documents. Subcontractor further agrees to indemnify and save harmless C.A . Walker Construction from all claims resulting or arising out of such defects of materials or workmanship , or failure of his work to comply strictly with the Contract Documents . 10. CLEAN-UP: The Subcontractor shall , at all times, keep the building premises free from rubbish and debris caused by its operations and upon completion, have the work free and clear from all obstructions and hindrances. Whenever, in the opinion of C.A. Walker Construction, the building premises are not free from rubbish, debris, obstructions or hindrances , it shall be the privilege of C.A . Walker Construction, to remove same and charge the cost FIFTY DOLLARS ($50.00) PER ONE (1) HOUR MINIMUM to the subcontractor, after subcontractor has been given twenty-four (24) hour written notice . 11. INSURANCE: Prior to commencement of the work, Subcontractor shall furnish C.A. Walker Construction certificates showing that Subcontractor has , and will maintain throughout the contract, insurance in companies acceptable to C .A. Walker Construction , of the following types and amounts (or such additional amounts as Owner may require). Subcontractor waives, and shall require all its Subcontractors and Suppliers to the lowest tier to waive, all rights of recovery against contractor and owner (and such other persons or entities as required by the contract documents) for losses within the scope of Subcontractor's work to the extent covered by insurance in paragraph 11 or other insurance applicable to work. An original certificate must be submitted for each project noting that project name before beginning work. 1. Statutory Workman's Compensation and Employer's Liability a. This coverage must comply with the statutory provisions of the state , or states , in which Subcontractor performs said work, with a Waiver of Subrogation issued in favor of C. A. Walker Construction. b . Employers Liability with a limit of $500,000 2 . Public Liability other than Automobile a . Form to include coverage for operations , products and or completed operations and contractual liability specifically including the provisions of paragraph 9 above including coverage for explosion , collapse of buildings and underground damage if applicable . b. Limits of Liability Bodily injury Liability: $500 ,000 each occurrence Property Damage Liability: $500 ,000 BRAZOS PA YING, INC. SUBCONTRACTOR INITIAL HERE CONTRACT NUMBER: 05-5302 c. This policy shall include a Waiver of Subrogation in favor of C . A. Walker Construction and shall name C . A . Walker as Additional Insured . Such insurance shall include an endorsement providing that the insurance afforded under Subcontractor's policy is primary insurance as respects to Contractor and Owner and that any other insurance maintained by Contractor or Owner is excess, and the Subcontractor shall submit a certificate of insurance reflecting the above requirement. 3. Comprehensive Automobile Liability: a. Form to include coverage for all owned, non-owned or hired automobiles b. Limits of Liability Bodily Injury Liability : $250,000 each person, $500 ,000 each accident Property Damage Liability: $100,000 each accident c. C. A. Walker shall be named Additional Insured. Such insurance shall include an endorsement providing that the insurance afforded under Subcontractor's policy is primary insurance as respects to Contractor and Owner and that any other insurance maintained by Contractor or Owner is excess , and the Subcontractor shall submit a certificate of insurance reflecting the above requirement. 4. Ex cess Liability Insurance a . Policy written in the amount of $1,000 ,000.00 limit of liability in excess of the underlying limits of liability. CHANGES OR EXPIRATION OF ANY POLICIES ON YOUR CERTIFICATE OF INSURANCE MUST BE SENT TO C . A. WALKER CONSTRUCTION 30 DAYS PRIOR TO SUCH CHANGES OR EXPIRATION DATE OF POLICY VIA FAX AND CERTIFIED OR REGISTERED MAIL. 12 . INDEMNIFICATION: SUBCONTRACTOR EXPRESSLY AGREES TO AND SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS, C.A . WALKER CONSTRUCTION AND OWNER, AND ANY AND ALL SUBSIDIARIES AND AFFILIATED COMPANIES ALONG WITH THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND , INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY 'S FEES , FOR INJURY TO OR DEATH OF ANY PERSON, OR FOR DAMAGE TO ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE WORK DONE UNDER THIS CONTRACT, WHATSOEVER THE CAUSE THEREOF, INCLUDING , BUT NOT LIMITED TO, THE NEGLIGENT ACT OR OMMISSION OF C . A. WALKER CONTRUCTION AND OWNER, AND ANY AND ALL SUBSIDIARIES AND ALFFILIATED COMPANIES ALONG WITH THEIR RESPECTIVE DIRECTORS , OFFICERS , AGENTS , AND EMPLOYEES. IT IS THE EXPRESS INTENTION THAT SUBCONTRACTOR SHALL INDEMNIFY C.A. WALKER CONSTRUCTION AND OWNER, AND ANY AND ALL SUBSIDIARIES, AND AFFILIATED COMPANIES ALONG WITH THEIR RESPECTIVE DIRECTORS, OFFICERS , AGENTS , AND EMPLOYEES OF THE PARTIES REGARDLESS OF WHETHER SUCH CLAIMS ARE FOUNDED, IN WHOLE OR IN PART, UPON SOLE, JOINT OR CONCURRENT NEGLIGENCE , NEGILGENCE PER SE , GROSS NEGLIGENCE, STATUTORY FAULT, OR STRICT LIABILITY OF C . A . WALKER CONSTRUCTION AND OWNER, AND ANY AND ALL SUBSIDIARIES AND AFFILIATED COMPANIES ALONG WITH THEIR RESPECTIVE DIRECTORS , OFFICERS , AGENTS , AND EMPLOYEES . 13. SAFETY AND CODE COMPLIANCE: Subcontractor shall comply with all federal , state and municipal laws , codes , regulations and ordinances effective where the work under this contract is to be performed . Subcontractor shall comply with the Federal Occupation Safety and Health Act of 1970 and related amendments. Subcontractor shall be responsible for compliance with all workmen and public safety laws , ordinances and regulations relating to the work and Subcontractor agrees to indemnify and hold harmless C.A . Walker Construction, and Owner from all liability , cost and expense of any nature arising out of the failure in whole or in part, directly or indirectly, of the Subcontractor and it's agents , emplo yees or assigns , to adhere to these laws, codes , regulations , standards, and/or ordinances . 14. PERFORMANCE: Should Subcontractor at any time refuse or neglect to supply a sufficient number of properly qualified workmen or a qualified supervisor or a sufficient quantity of materials of proper quality, or abandon the work or fail in any respect to prosecute the work covered by this contract with promptness and diligence , or fa il in the performance of any of the agreements herein contained, or, in the event that a petition in bankruptcy shall be filed by or against Subcontractor or should Subcontractor make an assignment for the benefit of creditors or enter into any other form of creditor management or admit in writing an inability to me et any obli gation as same become due or in the event that a BRAZOS PAVING, INC. SUBCONTRACTOR INITIAL HERE CONTRACT NUMBER: 05-5302 final monetary judgment shall be entered against subcontractor and same remains unsatisfied for more than thirty (30) days , C.A. Walk.er Construction, may, as its option, after twenty-four (24) hours notice to subcontractor, provide any such labor and materials and deduct the cost thereof from any money then due or thereafter to become due to subcontractor under this contract or otherwise; or C.A. Walker Construction, may as its option terminate this contract and , for the purpose of completing the work covered by this contract, C .A. Walker Construction, shall have the unqualified and unrestricted right to take possession of all the materials , supplies, equipment and tools and appliances belonging to subcontractor stored or in possession of subcontractor at the job site, and C.A . Walker Construction, may either complete said work itself or may employ, or contract with, any other person or persons to complete the work and provide the materials thereof; and in case of such termination of this contract, Subcontractor shall not be entitled to receive any further payment under this contract until said work shall have been finished completely and payment thereof made by the Owner, at which time if the unpaid portion of the amount to be paid under this contract exceeds the changes, expenses and damages sustained by C.A. Walker Construction, in completing the work as a result of such default, such excess shall be paid by C.A. Walker Construction, to subcontractor, but if such charges, expenses and damages shall exceed unpaid portions, Subcontractor shall pay the difference to C .A. Walker Construction. Arbitration. a. All claims, disputes and other matters in question arising out of or relating to the Subcontract, or the breach thereof, may, at Contractor's sole option, be decided by litigation or arbitration . If Contractor selects Arbitration, it shall be conducted in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then in effect. Further, Subcontractor agrees that in the event Owner and Contractor are involved in an arbitration arising out of or relating to the Contract Documents which pertain whole or part to work performed by Subcontractor under the Subcontract, Subcontractor shall, by consolidation, join in the said arbitration and any such claims, disputes or other matters shall then be determined in the consolidated arbitration proceeding. b . This agreement to arbitrate shall be specifically enforceable. Any arbitration proceeding between Contractor and Subcontractor shall , at Contractor's option, be held in Harris County, Texas. c. The award rendered by the arbitrators shall be final and conclusive, and judgement may be entered upon it in accordance with the applicable law in the court having jurisdiction thereof. 15. CHANGES: NO ALTERATIONS OR CHANGES SHALL BE MADE IN SUBCONTRACTOR'S WORK, NOR SHALL SUBCONTRACTOR PERFORM ANY EXTRA WORK except upon receipt of a properly executed written C. A. Walker Construction change order from Project Manager prior to any and all changes to the contract. Any and all changes performed prior to, or without receipt of, a properly authorized written change order will not be paid for by C. A. Walker Construction or by the Owner. 16. LIQUIDATED DAMAGES: Should subcontractor fail to complete his work in a timely manner and in accordance with C.A. Walker Construction's progress schedule attached as EXIIlBIT "B" or any revisions thereof, he may be liable for any liquidated damages assessed to C.A. Walker Construction as a result of subcontractor's delays an amount not to exceed $500.00 per day . 17. PAYMENT OF LABOR, SUPPLIES AND MATERIAL: Subcontractor will receive the payments made by C.A . Walker Construction and will hold such payments as a trust fund to be applied to the payment of any persons furnishing labor , materials or services for the work ; and subcontractor will so apply the payments from C.A . Walker Construction before using any part thereof for any other purpose . Subcontractor shall, as often as requested by C .A. Walker Construction, furnish an affidavit showing the names and addresses of all persons, Subcontractors, or Suppliers who shall have furnished labor, materials or services for the work and the amount due, or to become due, to each such person , BRAZOS PAVING, INC. SUBCONTRACTOR INITIAL HERE CONTRACT NUMBER: 05-5302 Subcontractor or Supplier. Progress payments may , at the discretion of the Contractor, be made in the form of checks payable directly or jointly to Subcontractor and such person or Subcontractor or Supplier. If Subcontractor shall fail to pay promptly when due , for all labor, services, and materials furnished in connection with the performance of the Work , C.A . Walker Construction may pay the amount of such liabilities and recover the amount thereof from Subcontractor, or by the application of any portion of the price then, or thereafter becoming due hereunder. Subcontractor will , at the request of C .A. Walker Construction, provide affidavit from all persons, Subcontractors, or Suppliers furnishing labor, materials or services to the effect that they have been paid in full. Subcontractor hereby authorizes Contractor to apply other funds due Subcontractor by Contractor on this project or any other project as if it were due on the subject project. Contractor has an express right to setoff any funds due Subcontractor to pay debts for which a lien could be filed on a project of the Contractor. On any project where payments by Contractor made to or on behalf of Subcontractor exceed the Contract Amount (including change orders) due by Contractor, then Contractor is expressly given the right to apply funds due , or that become due to Subcontractor from other projects, as a reimbursement of those funds overpaid . 18. LIENS: The Subcontractor shall pay promptly when due all labor and materials used. Subcontractor agrees to tum said work over to C .A. Walker Construction in good condition and free and clear from all claims, encumbrances and liens for labor, services , or materials, and to protect and save harmless C .A. Walker Construction and Owner from all said claims , encumbrances and liens growing out of the performance of this work and all maintenance required under Contract Documents, and should Subcontractor, during the progress of said work, or at any time thereafter, fail to pay for all labor, services and materials used or purchased for use in the construction of said work, C.A. Walker Construction may , at its option, and without notice to Subcontractor, pay all such claims and charge the amounts thereof to Subcontractor. In the event suit is filed by any person, firm or corporation asserting a claim or lien for labor, services or materials used or purchased for use in the work covered by this contract, subcontractor will, at its own cost and expense , including counsel fees , defend such suit and pay any judgment rendered therein. If suit is filed , venue must be in Harris County, Texas . 19. PROGRESS PAYMENTS: Ten (10) days before the first application for payment is to be submitted , or as otherwise directed by C.A . Walker Construction , Subcontractor shall submit a schedule of values of the various portions of the work , including quantities , if required , to enable C .A. Walker Construction to prepare a schedule of values , etc . for the entire contract. Subcontractor's schedule shall be prepared in such form and supported · by such data as the Architect/Engineer (identified above and hereinafter called "Architect") or C.A. Walker Construction 's approval. The total of scheduled values shall equal the contract price with Subcontractors overhead and profit equally divided therein . Subcontractor shall submit to C.A . Walker Construction on or about the twenty-fifth (25th) of each month , or as directed by C .A. Walker Construction , an itemized progress estimate, supported by such data as C.A. Walker Construction may require , showing the estimated balance of work completed , based on Subcontractor's approved schedule of values and on the conditions for payment under the contract. Stored materials should not be included in progress billings . Each such progress estimate shall also show the amount of all previous payments to Subcontractor and the amount of current reta inage, and shall include evidence satisfactory to C.A. Walker Construction that subcontractor has paid all persons , Subcontractors, or Suppliers supplying labor, materials or services in connection with the work . Subcontractor's progress estimate shall be used in the preparation of C.A. Walker Construction's application for payment to Owner under the contract. C.A. Walker Construction shall pay subcontractor, upon receipt of payment from the Owner, an amount equal to the value of the subcontractor's work , less all previous payments and less the amount of current retainage. 20. FINAL PAYMENT: A final payment, consisting of the unpaid balance of the contract amount, shall be made within thirty (30) days after the last of the following occur: (a) full completion of the work by subcontractor; (b) final acceptance of the work by the Architect and Owner; ( c) following conditions precedent upon final payment by Owner to C.A. Walker Construction under this contract; (c : l) the furnishing of satisfactory evidence by subcontractor to C.A. Walker Construction that the subcontractor has paid in full all persons furnishing labor, materials or service in connection wi th the work and neither subcontractor nor an y person claiming under or through subcontractor has filed or has the rig ht to mainta in a lien or other cl aim against the Owner or C.A. Walker Construction , C .A. Walker Construction's surety , if an y, BRAZOS PAVING, INC . SUBCONTRACTOR INITIAL HERE CONTRACT NUMBER: 05-530 2 or the project premises; or Architect; and ( c:2) the delivery of as built drawings and similar items with respect to the work. No contract shall be entered into between the parties and be binding until the Owners acceptance of your firm and until this agreement is duly executed by both parties. C.A. Walker Construction shall have the right to withhold payment to subcontractor for defective work not remedied and for any other breach of its subcontract by subcontractor. No payment to subcontractor by C.A . Walker Construction shall be construed to be an acceptance of any defective work. IN WITNESS WHEREOF , the parties hereto have set their hands and seal the day and year first above written . C. A.WALKER CONSTRUCTION CONTRACTOR BY: ~~~~~~~~~~~~~ NAME: TOMMYWALKER TITLE: PROJECT MANAGER DATE : ~~~~~~~~~~~~ BRAZOS PAVING, INC. SUBCONTRACTOR BRAZOS PAVING, INC. SUBCONTRACTOR INITIAL HERE m x I ili =i CD 0 ~ ...... ...... 0 0 --' I\.) c. °' ill~ . 0 x 0 "iii +:> - 0 :,,. +:> ~ -...., 0 0 0 0 ""' - 0 ""' Vl 00 Vl 0 -.J 0 N Vl 0 0 +:> 0 N :,,. N :,,. -0 0 "' ""' ...., N ;..., -.J :....i N :....i 00 °' ...., 0 ID io ...., :,,. -:-- ...., io -N v. +:> :,,. 9 DRAI NAGE AREA ~T OTAL AREA ;'. GRASS L A D ~GRA VEL : PAVEMENT \/l T O TAL CA .., O VE RLA D FLOW "LEN GT H .., O VERLAND FLOW "FALL .., GUTTE R FLO W "LENGTH .., GUTTER FLO W "FA LL ~VE LO C IT Y "' §.Cale. Tc = §.USE Tc = ~12 ., a. Q 2 -~ 15 ., a, Q5 -~no ., a. QlO -~ 125 ., a. Q25 -~ 150 ., g. Q50 -~HOO ., g. QlOO . :::; 0 c: c. CD "' "' Ul '#- "Tl 0 :i: :::; 0 (il "' "' CD Q "O -o · CD "' N. CD "' f\ "' "l c. ~- :ii: ...... :ii: Q) ...... ;I> t'l 0. (I.) i3 ...... =· 0 0 '-< ., ...... 0 0 t'l ;;;> ~ ~ t'l /\ ;;;> N ~ ~ U1 ...... :ii: t'l /\ ;;;> N U1 ~ U1 ~ .. 0 i:.v ...... : ...... co -0' "' ~ ...... - U1 0 i3 0 =· N ...... i3 ~ ;· N ...... INLET NO. TO INLET TOTAL CA Tc Design Storm Unadjusted Design Flow Adjusted Design Flow* No. of Pipes Flow Per Pipe Friction Slope** SIZE VEL . LENGTH Travel Time Tc @ End (j) ... CD "'CJ CD -:l "'CJ 111 m -c en iil N -·mm ::l. x CD C') :::C ::0 ~ - 0 r-!!! DI C') -t Q. c C') 3: ): CD -t Q. -iii' 0 :l z n en c: - G..--~UAS r?nvi'vl'e. /-~K~ (5-u.~ t) -J(V\Ollf~ ~NP ...-_~ - -l11>vt~ ~l.tblif!j -- -- ------- ---- --- ----- - -- ------"- ,____ l- _.- . ' \ . MITCHELL MM MORGAN Greens Prairie/SH 6 -Left Turn Lane Engineer's Estimate October 2004 Item Description Unit quantity Unit Cost Amount GENERAL ITEMS 1 Prepare Right-of-Way LS 1 $ 1,500.00 $ 2 Mobilization LS 1 $ 6 ,000 .00 $ 3 Cellulose Fiber Mulch Seeding SY 40 $ 2.00 $ 4 T raffle Control LS 1 $ 70,000 .00 $ 5 Performance Bond EA $ 7 ,500 .00 $ Subtotal $ PAVEMENT ITEMS 6 7 8 9 10 11 1 O" Lime Treated Subgrade SY 727 $ 8 .00 $ 7" Re inforced Concrete Paving (4000 psi ) SY 661 $ 40 .00 $ Remove Concrete (Paving and Median) SF 7504 $ 1.00 $ Wheelcha ir Ramps EA 2 $ 700.00 $ Reinforced Concre te Sidewalk -6' Wide SF 378 $ 3 .00 $ 5" Sta mped Colored Concrete (Medians) SF 3094 $ 5 .00 $ Subtotal $ TOTAL==> $ 15% Contingency==> $ TOTAL==> $ 511 UNIVERSITY DR IVE EAST, SUITE 204 • COLLEGE STATIO N, TX 77840 • T 979.260.6963 • F 979 .260.3564 CIVIL ENGINEERING • HYDRAULICS • HYDROLOGY • UTILITIES • STREETS • SITE PLANS • SUBDIVISIONS info@mitchellandmorgan.com • www.mitchellandmorgan.com 1,500 .00 6 ,000 .00 80.00 70 ,000 .00 7,500 .00 85,080.00 5 ,816.00 26,440 .00 7,504 .00 1,400.00 1,134 .00 15,470.00 57,764.00 142 844 .00 21,426 .60 164,27 0.60 • CITY OF COLLEGE STATION PLANNING DIVISION PO ST OFFICE BOX 9960 110 1 TEX AS AVENU E October 27 , 2004 Veronica J.B. Morgan, P.E. Mitchell & Morgan 511 University Drive East, Suite 204 College Station, Texas 77840 COLLEGE STATION , TEX AS 7784 2-9960 (409) 7 64-357 0 Re: Proposed Greens Prairie Median Improvement and Application for Permit to Construct Access Driveway Facilities _v~ Dear~, The subject plans have been reviewed and have the following comments : Proposed Greens Prairie Median Improvement -Right-Of-Way Permit 1. Increase the median nose concrete thickness from 4" to 7". 2. Remove the Curb Detail which does not depict a monolithic curb and gutter. 3. Provide a concrete pavement joint plan. Additionally, clarify specifics on the proposed longitudinal joint adjacent to the east bound lanes as a keyed joint will not be practical. Lastly , clarify the "jog" in the mentioned joint at approximate Sta. 18+80. 4 . Provide a "blow-up" of the proposed median break including grades , lane width, median nose on the eastern median , etc . 5 . Provide a detail and note for the proposed end joints in the stamped median concrete and match existing stamping pattern. 6. Provide a note in the Turn Lane Construction detail that the both proposed edges shall be "sawcut neatly". 7. Provide a detail regarding proposed pavement section including altered subgrade, compaction, testing, etc . 8 . Remove the reference to TxDOT approval on the Traffic Control Plan. 9 . FYI : The Right-Of-Way Permit Letter is required to be in accordanc e with the City Code of Ordinances , Chapter 3 , Section 2 : Right-Of-Way Maintenance. The Permit will have the conditions that the contractor must comply or provide: the insurance and bonds in accordance with the registration in 2.F. l(e): Proof of Insurance and Bonds , all items in 2.F .2 : Construction Permits , the construction ass ociated with this permit shall be completed within one year of the date of issuance. Application for Permit to Construct Access Driveway Facilities 1. Provide details of the drive to connect to the Exxon/McDonald's including grading and provide a note that the drive should be constructed at the time of the apron. 2. Provide the elevations and details of the proposed culvert and sizing rationale. 3. FYI: The Driveway Permit will have the following conditions: The developer is to provide/maintain a curb at the common property line and barricades at the apron on Greens Prairie. Upon removal of the existing driveway at Exxon!McDonalds the curb and barricade shall be removed and a joint access easement shall be provided by separate document. In the future event that the existing driveway is not removed and a Site Plan is submitted utilizing the proposed driveway, it may be a condition of the Site Plan to construct a right tum lane from a distance east of the proposed driveway to the SH 6 frontage road. It is understood that the developer obligated that the future southbound Lakeway Drive intersection with Greens Prairie will have a "no right tum on red". As always, if you have any questions please do not hesitate to contact me to discuss this further at (979) 764-3570. Best Regards, .. H~ Alan P. Gibbs, P .E. Development Engineer 1 CITY OF COLLEGE STATION PLANNING DIVISION POST OFFICE BOX 9960 1101 TEXAS AVENUE October 27, 2004 Veronica J.B. Morgan, P.E. Mitchell & Morgan 511 University Drive East, Suite 204 College Station, Texas 77840 COLLEGE STATI ON, TEXAS 77842-9960 (409) 764-3570 Re: Proposed Greens Prairie Median Improvement and Application for Permit to Construct Access Driveway Facilities _v~ Dear~, The subject plans have been reviewed and have the following comments: Proposed Greens Prairie Median Improvement -Right-Of-Way Permit 1. Increase the median nose concrete thickness from 4" to 7". 2. Remove the Curb Detail which does not depict a monolithic curb and gutter. 3. Provide a concrete pavement joint plan. Additionally, clarify specifics on the proposed longitudinal joint adjacent to the east bound lanes as a keyed joint will not be practical. Lastly , clarify the 'jog" in the mentioned joint at approximate Sta. 18+80. 4 . Provide a "blow-up" of the proposed median break including grades, lane width, median nose on the eastern median, etc. 5 . Provide a detail and note for the proposed end joints in the stamped median concrete and match existing stamping pattern. 6 . Provide a note in the Tum Lane Construction detail that the both proposed edges shall be "sawcut neatly". 7. Provide a detail regarding proposed pavement section including altered subgrade, compaction, testing , etc. 8. Remove the reference to TxDOT approval on the Traffic Control Plan . 9 . FYI: The Right-Of-Way Permit Letter is required to be in accordance with the City Code of Ordinances , Chapter 3, Section 2: Right-Of-Way Maintenance. The Permit will have the conditions that the contractor must comply or provide: the insurance and bonds in accordance with the registration in 2.F. l(e): Proof of Insurance and Bonds, all items in 2.F.2: Construction Permits , the construction associated with this permit shall be completed within one year of the date of issuance. Application for Permit to Construct Access Driveway Facilities 1. Provide details of the drive to connect to the Exxon/McDonald's including grading and provide a note that the drive should be constructed at the time of the apron. 2. Provide the elevations and details of the proposed culvert and sizing rationale. 3. FYI: The Driveway Permit will have the following conditions: The developer is to provide/maintain a curb at the common property line and barricades at the apron on Greens Prairie. Upon removal of the existing driveway at Exxon/McDonalds the curb and barricade shall be removed and a joint access easement shall be provided by separate document. In the future event that the existing driveway is not removed and a Site Plan is submitted utilizing the proposed driveway, it may be a condition of the Site Plan to construct a right turn lane from a distance east of the proposed driveway to the SH 6 frontage road. It is understood that the developer obligated that the future southbound Lakeway Drive intersection with Greens Prairie will have a "no right turn on red". As always, if you have any questions please do not hesitate to contact me to discuss this further at (979) 764-3570. Best Regards , .. H~ Alan P. Gibbs, P .E. Development Engineer Alan P. Gibbs, P.E. Sr. Asst. City Engineer -Development Publ ic Works Department City of College Station P. 0 . Box 9960 College Station , Texas 77842 Ph : (979) 764-3570 Fx: (979) 764-3496 agibbs @cstx .gov www.cstx.gov City of College Station PUBLIC WORKS DEPARTMENT Trans111ittal VB2DC\.l\CA eie. AlanP.Gibbs ~ To: ~AJV\~ From: Firm: M~M Date: to -27-4 Phone: -Pages: 3 Fax: 2k,o-ssC:.q-CC: Re: G~ f fl.At t'2-t I!. C.0MNtt9V1> )(urgent 0 For Review 0 Please Comment 0 Please Reply 0 Please Recycle •Items: •Comments: Chapter 3 Code of Ordinances /'\section Title Sectio~ight of Way Maintenance 2.E. Right of Way Construction Yes 2.F. Registration and Construction Permits Yes 2.F. (1) Registration; reg & fee for those who will OWN facilities in the Applicable (M&M) row 2.F. (1 )(a) Name of the user of row No -we won't own the facility No 2.F . (1 )(b) Name/address/phone of owner contact 2.F. (1 )(c) Name/address/phone of contractor 2.F . (1 )(d) Name/phone of emergency contact 2.F . (1 )(e) Proof of Insurance 2 .F. (1)(e}{1} liabilty insurance $3,000,000: $1,000,000 primary plust $2,000,000 umbrella 2.F. (1)(e)(2) coverage on an "occurrence" basis: must include personal injury, contractual liability, premise liability, medical No No No damage, underground, explosion & collapse No 2.F. (1)(e)(3) policy has cancellation provision -30 day notice to city No 2 .F. (1)(e)(4) certificate on file b/4 work starts -policy#, insurance co. name, etc. No 2.F. (1)(e)(5) surety bond valid for 1 yr after proj complete No 2.F. (1}{e}{6) reqmts may be met by franchise if they already have bond/indemnity No 2 .F. (2) Construction Permit Yes 2.F. (2)(a) Must have permit -permit in name of OWNER of facility Yes?? But we wont own?? 2.F. (2)(a)(1) permit not reqd to give service to property unless req. breaking of pavement... Yes 2.F. (2)(a)(2) emergency response OK w/o permit -notify City w/in 2 days after response No 2 .F. (2}{a){3) emergency response permits reqd only if permit normally reqd No 2.F. (2)(b) permit states to whom, location, dates/times work to be performed Yes 2.F. (2)(c) City provided with following info . Yes 2 .F. {2}{c}{1} Prop location of construction Yes 2 .F. (2)(c)(2) plans to 1"=50' Yes 2 .F. (2)(c)(3) detail location of row /easements used as part of proj Yes 2.F. (2)(c)(4) detail of city utilities in relationship to pro} Yes 2 .F. (2)(c)(5) detail of facility to be installed Yes 2.F. (2)(c)(6) detail of plans to r/r asphalt/concrete in streets Yes 2.F. (2)(c)(7) dwg of bores/manholes/pedestals No 2.F. (2)(c)(8) manhole plans No 2 .F. (2)(c)(9) legend Yes 2 .F. (2)(c)(10) four sets of plans submitted w/ permit 2 .F. (2)(c)(11) contractor name/phone/address 2 .F. (2)(c)(12) canst methods for protection of structures 2.F. (2)(c)(13} statement that reqmt of E(1)(e)1 are met 2 .F . (2)(d) canst in accordance with permit 2.F. (2)(e) copy of permit kept on site 2 .F . (2)(f) construction installed w/in time frame 2.F. (2)(g) if in state/fed row permit from them obtained also 2 .F. (2)(h) permit submitted 10 days b/4 work 2.F . (2)(i) requests for permits apprvd/disapprvd w/in 5 days 2 .F . (2)U) City or app can request precon mtg 2 .F. (2)(k) permit reqd for new/replace facilities 2.F. (2)(1) permit fees will apply 2 .G . Construction Standards 2 .G. (1) City notified 24 hrs b/4 canst. begins 2.G . (2) canst. conforms to codes/laws 2 .G. (3) 3x3 sign onsite w/ notify info . 2.G.(4)~ ~ 2.G .(5) ~ 2.G. (6) l~ ~ ~ 2 .G. (7) 2 .G. (8) 2 .G. (9) 2 .G. (10) 2 .G. (11) 2.G . (12) 2 .G. (13) bores marked 2.G . (14) 2 .G. (15) 2 .G. (16) 2 .G. (17) manhole location apprvd by city 2.G. (18) 2.G . (19) 2.H . Plans of Record 2.H. (1) as-builts reguired w/in 90 days ._ 2 .H. (2) as-built reqmt may be waived 2 .1. Relocation of Facilities Reqd ;Abandonment 2 .J . Improperly Installed Facilities 2.J. (1) canst in accordance with plan -good workmanship 2.J. (2) facilities are improperly installed if: 2.J. (2)(a) installation endangers property or people 2 .J. (2)(b) fac ility does not meet codes 2 .J . (2)(c) facility not capable of being located using std practice 2 .J . (2)(d) fac ility not located in accordance with city direction 2.K. Restoration of Property 2 .K. (1) user restores property affected 2 .K. (2) Restoration includes : 2 .K. (2)(a) seed/sod Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No-no bores in proj Yes Yes Yes No -no manholes in proj Yes Yes Yes Yes No No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 2.K. (2)(b) install manholes 2 .K. (2)(c) backfill trenches/holes 2 .K. (2)(d) level trenches 2.K. (2)(e) restore excavation to city spec 2.K. (2)(f) restore landscape/sprinklers 2.K. (2)(f)(1) remove all locate flags 2.K. (2)(f)(2) restore promptly 2 .L. Revocation or Denial of Permit 2.M. Appeal from Denial or Revocation of Permit Yes Yes Yes Yes Yes Yes Yes Yes Yes