CITY OF MCKINNEY ENGINEERING DEPARTMENT ENGINEERING DEVELOPMENT FINAL ACCEPTANCE CHECKLIST

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1 CITY OF MCKINNEY ENGINEERING DEPARTMENT ENGINEERING DEVELOPMENT FINAL ACCEPTANCE CHECKLIST DEVELOPMENT PERMIT #: PROJECT NAME: Prior to final acceptance of public improvements, Developer must complete and submit the following info into CSS (using this checklist as a reference): As Built digital files: DWG files of Plat and all utilities (no xrefs) Individual PDF files of all scanned record drawings, file names must match sheet names Affidavit of Value - form can be found online Infrastructure inventory list - form can be found online List of all owners, contractors, and suppliers providing labor and/or materials for public improvements Unconditional original releases of liens from contractor(s) All-bills-paid affidavits executed by the owner(s) attesting that all parties have been paid in full and final must use City standard form found online Maintenance bond (2-year, 15%) must use City standard form found online Final bid tabs of cost quantities and contract amounts Inspection fee paid (3.5% of public improvements cost) Detailed, itemized bid tab must be provided outlining costs Engineer or surveyor verification letter that all lots meet or exceed required minimum elevations (for all lots adjacent to floodplains) Surveyor verification letter that states lots are graded within 0.3 feet of design grades All retaining walls over 2 have been approved by Building Inspections Department. Sealed letter from Engineer certifying construction and inspection of all walls. Notice of Termination (NOT) filed / Construction Site Notice (CSN) Removed Engineering Staff - please check and initial if complete or check N/A if not applicable: N/A Initial Date Site approval by the Erosion Control Inspector Copy of NOT / CSN received All Barrier Free Ramps (BFR s) and sidewalks installed in public R.O.W. in full compliance with all Federal, State, and local ADA regulations Screening and Buffering installed and approved by City Landscape Architect/Arborist Street lights within subdivision and adjacent arterials installed and operational Stop signs and street name blades installed Franchise utilities installed (electric, gas, and all conduit for non-critical utilities) Verify all retaining walls over 2 approved by Building Inspections Department, and sealed letter from Engineer certifying construction and inspection of all walls received If applicable, all bridge sheets provided (plan/profile, layout, details, sections, etc.) Verify with Construction Inspector that Punch List is completed and can move forward with Final Acceptance. Notes: After all items submitted and approved by engineering staff, a final letter of acceptance will be issued. Forms listed above may be found at: v. 12/2017

2 INFRASTRUCTURE INVENTORY PRIOR TO THE FINAL ACCEPTANCE OF A PROJECT THE FOLLOWING DATA IS REQUIRED TO BE SUBMITTED TO THE ENGINEERING DEPARTMENT. PROJECT: L.F. STREET PAVING L.F. STREET ALLEYS L.F. STORM SEWER L.F. WATER L.F. SANITARY SEWER # OF FIRE HYDRANTS # OF SANITARY MANHOLES # OF LOTS v. 10/2009

3 SAMPLE PRO RATA WAIVER LETTER COPY AND PASTE INTO YOUR OWN OFFICE DOCUMENT <current date> Mr. Jose Madrigal Deputy City Manager City of McKinney 222 N. Tennessee Street McKinney, TX RE: <type of agreement> FOR <name of person, business or entity>, <name of road(s) and public improvement(s)> FOR <name of development> IMPROVEMENTS Dear Mr. Madrigal: < name of person, business or entity > constructed the <name of public improvements> for <name of road(s)>. This letter is intended to accompany our request for a Pro-Rata Agreement and to waive the collection of pro-rata fees from properties that have already contributed to the construction of these utilities. The properties for which we waive the pro-rata fees are: 1. <addition name, lot, block, name of business> 2. <addition name, lot, block, name of business> 3. <additional (if necessary)> Please contact me if any other information is required in order to waive the prorata fees from the above properties. Sincerely, <name> <title> <name of business or entity> AND <address of person, business or entity> v. 3/2014

4 A F F I D A V I T O F V A L U E STATE OF TEXAS COUNTY OF COLLIN TO: CITY OF McKINNEY (ENGINEERING DEPT.) P.O. BOX 517 (221 N. TENNESSEE STREET, 75069) McKINNEY, TEXAS NAME OF PROJECT: DEVELOPER OF PROJECT: DATE OF CONSTRUCTION: PAVING DRAINAGE CONTRACTOR: ADDRESS: CITY: WATER SEWER CONTRACTOR: ADDRESS: CITY: VALUE OF CONSTRUCTION: PAVING W/O FIRELANE: $ WITH FIRELANE (IF APPLICABLE): $ DRAINAGE: $ $ WATER: $ $ SEWER: $ $ TOTAL BONDED AMOUNT: $ TOTAL INSPECTION AMOUNT: $ ATTACH A CHECK IN THE AMOUNT OF $ FOR INSPECTION FEES (3.5% OF TOTAL INSPECTION AMOUNT; Section 2-1(b) Code of Ordinances) I hereby certify that the above value of the construction is accurate. DEVELOPER S SIGNATURE: ****************************************************************************** Before me, the undersigned authority, on this day personally appeared, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledge to me that he/she has executed the same for purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS DAY OF,.A.D., 20. NOTARY PUBLIC, in and for the State of Texas My Commission Expires v. 08/2016

5 SUBDIVISION BILLS-PAID AFFIDAVIT Date: Subdivision Name: Owner Name: Owner s Mailing Address: Contractor Name(s): Contractor s Mailing Address(es): Affiant s Name: Affiant s Mailing Address: Phase/Lots and Blocks: v. 7/2012

6 Improvements: THE STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned, on this day personally appeared, known to me to be a credible person and officer of, a (hereinafter called Affiant ), and who, being duly sworn, upon his oath declares and acknowledged that the following statements are true and within the personal knowledge of Affiant: 1. Affiant has personal knowledge of the facts stated in this affidavit. Affiant has full authority to make the agreements in this affidavit on behalf of Owner(s) (hereinafter referred to as Owner whether one or more). 2. Affiant understands that the City of McKinney, Texas ( City ) has required this affidavit as a condition of final acceptance of the public improvements and infrastructure necessary to serve the development known as in the City of McKinney, Collin County, Texas (the Subdivision ). 3. Owner has constructed and installed, or caused to be constructed and installed, certain public improvements and infrastructure necessary to serve the Subdivision. Said public improvements and infrastructure necessary to serve the Subdivision are more particularly described as (the Improvements). 4. Affiant has actual knowledge that all bills owed by Owner to others for materials supplied or labor performed in connection with the Improvements have been fully paid and satisfied; and, that no liens currently exist as against the rights-of-way and easements dedicated to the City or the Improvements therein and upon said easements and rights-of-way or otherwise. 5. Affiant does further warrant for, on behalf of, and as the act of Owner that should any claim or lien be filed for material supplied or labor performed for the construction and/or installation v. 7/2012

7 of the Improvements, Owner will fully indemnify, defend and hold harmless the City from and against any and all losses, liability, costs and expenses City may incur by reason of such liens. 6. In consideration of the City s final acceptance of the Improvements in reliance on this affidavit, Owner hereby waives and releases any and all of Owner s statutory and constitutional claims or rights connected with the propriety of the City s requirements that such Improvements be constructed and conveyed to the City. 7. Owner agrees to indemnify and hold City harmless from and against any loss or expense resulting from false or incorrect information in this affidavit. OWNER: [INSERT OWNER S NAME] a _[Insert type of business entity] By: Name: Title: SUBSCRIBED AND SWORN TO before me on this day of, 20, by, in his/her capacity as a (hereinafter called Affiant )., of Notary Public, State of Texas v. 7/2012

8 MAINTENANCE BOND STATE OF TEXAS ) ) COUNTY OF COLLIN ) KNOW ALL BY THESE PRESENTS: That whose address is, being the General Contractor who constructed the public improvements including, but not necessarily limited to, streets, utilities, drainage, services, and facilities to serve the Property identified herein-below, hereinafter referred to as Principal, and,, a corporate surety/sureties organized under the laws of the State of and fully licensed to transact business in the State of Texas, as Surety, hereinafter referred to as Surety (whether one or more), are held and firmly bound unto the CITY OF McKINNEY, a Texas municipal corporation, hereinafter referred to as Owner or City, in the penal sum of DOLLARS ($ ) (fifteen percent (15%) of the contract price of all public improvements, or in such amount as approved by the city engineer), in lawful money of the United States to be paid to Owner, its successors and assigns, for the payment of which sum well and truly to be made, we bind ourselves, our successors, heirs, executors, administrators and successors and assigns, jointly and severally; and firmly by these presents, the condition of this obligation is such that: WHEREAS, whose address is, hereinafter referred to as Subdivider, filed a plat with the City of McKinney, Texas for recording with Collin County, Texas pursuant to Chapter 142, Subdivision Regulations, of the Code of Ordinances, City of McKinney, Texas, as amended, (the Subdivision Regulations ) for the development of certain property identified as the Subdivision (the Property ) situated within the corporate limits or extra-territorial jurisdiction of the City of McKinney, Texas, as more particularly described and designated in the plat of said Property, such plat being incorporated herein and made a part hereof as fully and to the same extent as if written herein word for word. WHEREAS, the Subdivision Regulations require the Subdivider, as developer of the Property, to construct at Subdivider s sole cost the public improvements necessary for the adequate provision of streets, utilities, drainage, services, and facilities to the Property and to surrounding areas of the City of McKinney (the Improvements ) in accordance with and as required by the Subdivision Regulations, as such regulations may be amended from time to time. WHEREAS, the Subdivision Regulations also require the Subdivider, as developer of the Property, to use first class materials and workmanship and of such kind and quality that for a period of two (2) full years from the completion and final acceptance of the Improvements by Owner the said Improvements shall require no repairs, the necessity for which shall be v. 5/2015

9 occasioned by defects in workmanship or materials and during the period of two (2) full years following the date of final acceptance of the Improvements by Owner. WHEREAS, the Subdivision Regulations also require the Subdivider, as developer of the Property, to provide a good and sufficient maintenance bond in the amount of 15 percent of the contract price of all Improvements, or in such amount as approved by the City Engineer, with a reputable and solvent corporate surety in favor of the City to indemnify the City against any repairs which may become necessary to any part of the construction of Improvements in connection with the Property, arising from defective workmanship or materials used therein, for a period of two full years from the date of final acceptance of the Improvements. WHEREAS, the Subdivision Regulations also provide for the withholding of final acceptance of the Improvements until said Maintenance Bond is furnished to the City. WHEREAS, Subdivider entered into that certain contract dated, 20 with Principal ( Contract ) whereby Principal agreed to furnish all permits, licenses, bonds, insurance, products, materials, equipment, labor, supervision, and other accessories necessary for the construction of the Improvements for the Property in accordance with and as required by the Subdivision Regulations, as such regulations may be amended from time to time. WHEREAS, Principal agreed through the Contract to use first class materials and workmanship and of such kind and quality that for a period of two (2) years from the completion and final acceptance of the Improvements by City the said Improvements shall require no repairs, the necessity for which shall be occasioned by defects in workmanship or materials. WHEREAS, Principal further agreed through the Contract to assume Subdivider s obligation, responsibility and liability to City to provide this Maintenance Bond to City and for a period of two (2) years following the date of final acceptance of the Improvements by City to repair or reconstruct said Improvements in whole or in part at any time within said period of time from the date of such notice as the City Engineer or Director of Public Works shall determine to be necessary for the preservation of the public health, safety or welfare. WHEREAS, Principal hereby affirms and declares that Principal has been provided good and valuable consideration by Subdivider to both construct the Improvements and to assume Subdivider s obligations, responsibilities and liabilities to City regarding the provision of this Maintenance Bond and maintaining the Improvements for the Property for a period of two (2) years from the completion and final acceptance of the Improvements by City such that the said Improvements shall require no repairs, the necessity for which shall be occasioned by defects in workmanship or materials. WHEREAS, Principal further recognizes that City s final acceptance of the Improvements, which final acceptance is a condition precedent to final payment of the Contract amount by Subdivider to Principal, serves as further consideration supporting Principal s assumption of the obligation to repair or reconstruct said Improvements for a period of two (2) years from the date of City s final acceptance in whole or in part at any time from the date of notice as the City Engineer or Director of Public Works shall determine to be necessary for the preservation of the public health, safety or welfare; and that if Principal does not repair or reconstruct the improvements within the time period designated, City shall be entitled to have said repairs made and charge Principal and/or Surety the cost of same under the terms of this Maintenance Bond. v. 7/2016

10 NOW, THEREFORE, if Principal will maintain and keep in good repair the Improvements required by the Subdivision Regulations to be done and performed for a period of two (2) full years from the date of final acceptance and do and perform all necessary work and repair any defective condition (it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work or labor performed by Principal) then this obligation shall be void; otherwise it shall remain in full force and effect and Owner shall have and recover from Principal and its Surety damages in the premises as provided in the Subdivision Regulations. PROVIDED, that Principal hereby agrees with respect to this Maintenance Bond only to waive such claims, counterclaims, cross-claims and defenses that Principal may have against Subdivider which might negate City s ability to enforce and collect upon this Maintenance Bond should Principal fail or refuse to timely maintain and perform hereunder. PROVIDED, further, however, that Principal hereby holds harmless and indemnifies Owner from and against any claim or liability for personal injury or property damage caused by and occurring during the performance of said maintenance and repair operation. PROVIDED, further, that if any legal action be filed on this Bond, exclusive venue shall lie in Collin County, Texas. PROVIDED, further, that nothing contained in this Maintenance Bond and/or the City s acceptance of this Maintenance Bond from Principal shall waive or be deemed or interpreted to waive any claims or causes of action that City may now have or which may hereafter accrue against Subdivider arising out of or related to the construction, maintenance, repair or replacement of the Improvements as provided by the City s Subdivision Regulations. AND PROVIDED FURTHER, Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Subdivision Regulations or to the work performed thereunder, or the Plans, Specifications, Drawings, etc. accompanying the development of the Property or any breach by Subdivider of the Contract or any duty of any kind or nature owed to Surety shall in any way affect its obligation on this Bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Subdivision Regulations or to the work to be performed thereunder regarding the Improvements. The undersigned and designated agent is hereby designated by Surety as the resident agent in either Collin or Dallas Counties to whom all requisite notice may be delivered and on whom service of process may be had in matters arising out of this suretyship. [Remainder of page left blank intentionally.] v. 7/2016

11 IN WITNESS WHEREOF, this instrument is executed in two copies, each one of which shall be deemed an original, on this the day of, 20. ATTEST: PRINCIPAL: Company Name By: By: Signature Signature Typed/Printed Name Typed/Printed Name Title Title Address Address City State Zip City State Zip Phone Fax Phone Fax ATTEST: SURETY: By: By: Signature Signature Printed Name Printed Name Title Title Address Address City State Zip City State Zip Phone Fax Phone Fax The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice and service of the process is: NAME: STREET ADDRESS: CITY, STATE, ZIP: NOTE: If Resident Agent is not a corporation, give a person s name. v. 7/2016

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