CITY OF MCKINNEY
ENGINEERING DEPARTMENT
RESIDENTIAL SUBDIVISION
FINAL ACCEPTANCE CHECKLIST
PROJECT:
Prior to final acceptance of public improvements, Developer must complete and submit the following info to
the Engineering Contract Specialist, Marc Heitter (all documents should be submitted as one package):
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1 black-line bond copy of record drawings, with appropriate as-built stamp
CD with required digital files:
 DWG files of Plat and all utilities (no xrefs)
 TIFF files of all scanned record drawings, file names must match sheet names
Affidavit of Value - use form on City website
Infrastructure inventory list - use form on City website
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 format found online
Maintenance bond (2-year, 15%) - must use City standard format 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’ approved by Building Inspections Department, and
sealed letter from Engineer certifying construction and inspection of all walls
Engineering Staff - please check  if complete or check N/A if not applicable:
 N/A
Site approval by the Erosion Control Inspector
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Street lights within subdivision and adjacent arterials installed and operational
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Stop signs and street name blades installed
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Initial
Date
All Barrier Free Ramps (BFR’s) and common area sidewalks installed in full
compliance with all Federal, State and local ADA regulations
Screening and Buffering installed and approved by City Landscape
Architect/Arborist
Franchise utilities installed (electric, gas, and all conduit for non-critical utilities)
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: www.mckinneytexas.org/constructionforms
v. 7/2016
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
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 75069
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
AFFIDAVIT OF VALUE
STATE OF TEXAS
COUNTY OF COLLIN
§
§
TO: CITY OF McKINNEY (ENGINEERING DEPT.)
P.O. BOX 517 (221 N. TENNESSEE STREET, 75069)
McKINNEY, TEXAS 75070
NAME OF PROJECT: _________________________________________________________________
DEVELOPER OF PROJECT: ___________________________________________________________
DATE OF CONSTRUCTION: __________________________________________________________
PAVING
DRAINAGE
CONTRACTOR:
_______________________
_________________________
ADDRESS:
_______________________
_________________________
CITY:
_______________________
_________________________
EMAIL:
_______________________
_________________________
WATER
SEWER
CONTRACTOR:
_______________________
_________________________
ADDRESS:
_______________________
_________________________
CITY:
_______________________
_________________________
EMAIL:
_______________________
_________________________
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
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
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
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
,
a
in
his/her
day of
capacity as
(hereinafter called “Affiant”).
, 20
, by
,
of
Notary Public, State of Texas
v. 7/2012
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
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
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
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: _________________________________
Signature
____________________________________
Typed/Printed Name
____________________________________
Title
____________________________________
Address
____________________________________
City
State
Zip
___________________________________
Phone
Fax
By: ________________________________
Signature
___________________________________
Typed/Printed Name
___________________________________
Title
___________________________________
Address
___________________________________
City
State
Zip
___________________________________
Phone
Fax
ATTEST:
SURETY:
By: _________________________________
Signature
____________________________________
Printed Name
____________________________________
Title
____________________________________
Address
____________________________________
City
State
Zip
___________________________________
Phone
Fax
By: ________________________________
Signature
___________________________________
Printed Name
___________________________________
Title
___________________________________
Address
___________________________________
City
State
Zip
___________________________________
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