03.14.23 Town Council Regular Meeting PacketPage 1 of 4
]
Welcome to the Prosper Town Council Meeting.
Citizens may watch the meeting live by using the following link:
https://prospertx.new.swagit.com/views/378/
Addressing the Town Council:
Those wishing to address the Town Council must complete the Public Comment Request Form
located on the Town's website or in the Council Chambers.
If you are attending in person, please submit this form to the Town Secretary or the person
recording the minutes for the Board/Commission prior to the meeting. When called upon, please
come to the podium, and state your name and address for the record.
If you are watching online, please submit this form to the Town Secretary prior to 4:00 p.m. on
the day of the meeting in order for your comments to be read into the record. The Town assumes
no responsibility for technical issues beyond our control.
In compliance with the Texas Open Meetings Act, the Town Council/Board/Commission may not
deliberate or vote on any matter that does not appear on the agenda. The
Council/Board/Commission, however, may provide statements of fact regarding the topic, request
the topic be included as part of a future meeting, and/or refer the topic to Town staff for further
assistance.
Citizens and other visitors attending Town Council meetings shall observe the same rules of
propriety, decorum, and good conduct applicable to members of the Town Council. Any person
making personal, impertinent, profane or slanderous remarks or who becomes boisterous while
addressing the Town Council or while attending the Town Council meeting shall be removed from
the room, if so directed by the Mayor or presiding officer, and the person shall be barred from
further audience before the Town Council during that session of the Town Council. Disruption of
a public meeting could constitute a violation of Section 42.05 of the Texas Penal Code.
Call to Order/ Roll Call.
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Announcements of recent and upcoming events.
Presentations.
1. Presentation of a Proclamation declaring March 2023, as Ask a Master Gardner
Month. (MLS)
2. Presentation of a Proclamation declaring March 2023, as Theatre in our Schools
Month. (MLS)
Agenda
Prosper Town Council Meeting
Prosper Town Hall, Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, March 14, 2023
6:15 PM
Page 1
Page 2 of 4
CONSENT AGENDA:
Items placed on the Consent Agenda are considered routine in nature and non-controversial. The
Consent Agenda can be acted upon in one motion. Items may be removed from the Consent
Agenda by the request of Council Members or staff.
3. Consider and act upon the minutes from the February 28, 2023, Town Council Joint
Work Session meeting. (MLS)
4. Consider and act upon the minutes from the February 28, 2023, Town Council Regular
meeting. (MLS)
5. Consider and act upon approving a resolution supporting U.S. Highway 380 as a
Controlled Access Highway within the corporate limits of the Town of Prosper, in
accordance with recommendations by the Texas Department of Transportation in its
December 2022 Draft Environmental Impact Statement for U.S. Highway 380 from
Coit Road to FM 1827, and January 2023 Draft Environmental Assessment for U.S.
Highway 380 from Teel Parkway to Lakewood Drive; acknowledging the preferred
alignment of the future expansion of U.S. Highway 380 within the corporate limits of
the Town is consistent with the Town’s Thoroughfare Plan; requesting that the Texas
Department of Transportation’s final Environmental Impact Statement and
Environmental Assessment reflect the alignment of U.S. Highway 380 within the
corporate limits of the Town of Prosper as recommended; and authorize the Mayor to
submit comments to the Texas Department of Transportation on the Draft
Environmental Impact Statement and/or Draft Environmental Assessment. (HW)
6. Consider and act upon approval of annual software maintenance and operational open
purchase orders with MCCi, for the Information Technology Department during FY
2023. (LJ)
7. Consider and act upon authorizing the Town Manager to execute a Professional
Engineering Services Agreement between Lockwood, Andrews & Newnam, Inc., and
the Town of Prosper, Texas, related to the design of the Upper Doe Branch
Wastewater Line (Teel Parkway to PISD Stadium) project. (HW)
8. Consider and act upon awarding RFP No. 2023-09-A for Benefits and Risk
Management Consultant services for the Town of Prosper, effective March 14, 2023,
and authorizing the Town Manager to execute all documents for the same. (JE)
CITIZEN COMMENTS
The public is invited to address the Council on any topic. However, the Council is unable to
discuss or take action on any topic not listed on this agenda. Please complete a “Public Comment
Request Form” and present it to the Town Secretary prior to the meeting. Please limit your
comments to three minutes. If multiple individuals wish to speak on a topic, they may yield their
three minutes to one individual appointed to speak on their behalf. All individuals yielding their
time must be present at the meeting, and the appointed individual will be limited to a total of 15
minutes.
REGULAR AGENDA:
If you wish to address the Council, please fill out a “Public Comment Request Form” and present
it to the Town Secretary, preferably before the meeting begins. Pursuant to Section 551.007 of
the Texas Government Code, individuals wishing to address the Council for items listed as public
hearings will be recognized when the public hearing is opened. For individuals wishing to speak
on a non-public hearing item, they may either address the Council during the Citizen Comments
portion of the meeting or when the item is considered by the Town Council.
Page 2
Page 3 of 4
Items for Individual Consideration:
9. Consider and act upon a resolution of the Town Council of the Town of Prosper, Texas,
declaring the public necessity to acquire certain water line easements and temporary
construction easements for the construction of the Town’s Lower Pressure Plane
Water Line Phase 2A project; determining the public use and necessity for such
acquisition; authorizing the acquisition of property rights necessary for said Project;
appointing an appraiser and negotiator as necessary; authorizing the Town Manager
to establish just compensation for the property rights to be acquired; authorizing the
Town Manager to take all steps necessary to acquire the needed property rights in
compliance with all applicable laws and resolutions; and authorizing the Town Attorney
to institute condemnation proceedings to acquire the property rights if purchase
negotiations are not successful. (HW)
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code,
as authorized by the Texas Open Meetings Act, to deliberate regarding:
Section 551.087 – To discuss and consider economic development incentives and all
matters incident and related thereto including federal Economic Development
Administration projects.
Section 551.072 – To discuss and consider purchase, exchange, lease or value of real
property for municipal purposes and all matters incident and related thereto.
Section 551.074 – To discuss and consider personnel matters and all matters incident
and related thereto.
Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
Adjourn.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper
Town Hall, located at 250 W. First Street, Prosper, Texas 75078, a place convenient and readily
accessible to the general public at all times, and said Notice was posted by 5:00 p.m., on
Friday, March 10, 2023, and remained so posted at least 72 hours before said meeting was
convened.
________________________________ _________________________
Michelle Lewis Sirianni, Town Secretary Date Notice Removed
Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult
in closed session with its attorney and to receive legal advice regarding any item listed on this agenda.
Page 3
Page 4 of 4
NOTICE
Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited
to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with
approval of a majority vote of the Town Council.
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are wheelchair
accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569 -
1011 at least 48 hours prior to the meeting time.
Page 4
Page 1 of 2
]
Town Council Call to Order/ Roll Call.
Mayor Bristol called the meeting to order at 4:30 p.m. and declared a quorum present of the
Town Council
Planning and Zoning Commission Call to Order/Roll Call
Mr. Daniel called to order and declared a quorum present of the Planning and Zoning
Commissioners.
Council Members Present:
Mayor David F. Bristol
Deputy Mayor Pro-Tem Craig Andres
Councilmember Marcus E. Ray (Arrived at 4:41 p.m.)
Councilmember Amy Bartley
Councilmember Chris Kern
Councilmember Charles Cotten
Council Members Absent:
Mayor Pro-Tem Jeff Hodges
Planning and Zoning Commissioners Present:
Brandon Daniel, Chair
Mike Pettis
Cameron Reeves
Sekou Harris
Tommy Van Wolfe
Doug Charles (Arrived at 4:35 p.m.)
Planning and Zoning Commissioners Absent:
Damon Jackson
Staff Members Present:
Mario Canizares, Town Manager
Michelle Lewis Sirianni, Town Secretary
Terry Welch, Town Attorney
Bob Scott, Executive Director of Administrative Services
Robyn Battle, Executive Director of Community Services
Chuck Ewings, Executive Director of Development and Infrastructure Services
Hulon Webb, Engineering Director
David Soto, Planning Manager
Items for Individual Consideration
1. Discuss Planned Development (PD) Guidelines. (DS)
Mr. Soto stated staff is seeking input on Planned Development Guidelines specific
to Mixed-Use Developments.
MINUTES
Prosper Town Council & Planning and Zoning
Commission Joint Work Session
Prosper Town Hall – Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, February 28, 2023
Page 5
Item 3.
Page 2 of 2
Mayor Bristol stated he would like the Council and Planning and Zoning
Commission to have an open dialogue regarding Mixed-Use Developments
including multi-family and desired location(s) and the total number to be built within
the Town.
The Town Council and Planning and Zoning Commission discussed the evaluation
of plans submitted and how they are managed by staff using Town approved
documents such as the Comprehensive Plan and Design Guidelines. They also
discussed how to decide what the maximum number of units to be built should be,
using conditions and/or triggers, the styles/types of projects they would like to see
presented, location(s) of developments that include multi-family, and understanding
building materials and the utilization of a Development Agreement.
Planning and Zoning Commission Adjourn
Mr. Daniel adjourned the Planning and Zoning Commissioners at 5:44 p.m.
2. Discuss the Town logo and Brand Guide. (RB)
Ms. Battle presented a comparison of the old log to the new updated logo. Ms.
Battle indicated with the launch of the new website; staff would like the Town
Council to see it one last time to ensure they are in consensus of moving forward
with the new version of the logo.
Councilmember Ray commented on liking the more modern look and cleaner lines
of the logo. He also noted the Community Engagement Committee reviewed and
was also in favor of a logo redesign.
The Town Council agreed to move forward with the updated logo.
The meeting was adjourned at 5:53 p.m.
These minutes approved on the 14th day of March 2023.
APPROVED:
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
Page 6
Item 3.
Page 1 of 7
]
Call to Order/ Roll Call.
The meeting was called to order at 6:15 p.m.
Council Members Present:
Mayor David F. Bristol
Deputy Mayor Pro-Tem Craig Andres
Councilmember Marcus E. Ray
Councilmember Amy Bartley
Councilmember Chris Kern
Councilmember Charles Cotten
Council Members Absent:
Mayor Pro-Tem Jeff Hodges
Staff Members Present:
Mario Canizares, Town Manager
Michelle Lewis Sirianni, Town Secretary
Terry Welch, Town Attorney
Bob Scott, Executive Director of Administrative Services
Robyn Battle, Executive Director of Community Services
Chuck Ewings, Executive Director of Development and Infrastructure Services
Hulon Webb, Engineering Director
David Soto, Planning Manager
Chris Landrum, Finance Director
Todd Rice, Communications Manager
Jessika Hotchkin, Help Desk Technician/Broadband Support
Doug Kowalski, Police Chief
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Mike Martin with Hope Fellowship Church led the invocation. The Pledge of Allegiance and the
Pledge to the Texas Flag were recited.
An nouncements of recent and upcoming events.
Councilmember Kern made the following announcements:
The Downtown Prosper Park Public Input Survey is underway. Town residents and Prosper
business owners have one more day to watch a descriptive video and respond to the survey to
share thoughts and visions for the park. Developing the Downtown Prosper Park will add an
exciting, yet passive, dimension to the revitalization of the downtown area. Residents may access
the video and survey through the Parks and Recreation page on the Town’s website.
Get to know your local police officers and connect with your neighbors over coffee and a casual
conversation. Bring the kids along and feel free to ask questions while you're here! This event will
take place tomorrow, Wednesday, March 1 from 7:30-9:30 a.m. at 1418 Coffee in Downtown
Prosper (102 East Broadway, Prosper, TX).
MINUTES
Prosper Town Council Meeting
Prosper Town Hall, Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, February 28, 2023
Page 7
Item 4.
Page 2 of 7
The Discover Downtown Series kicks off on Friday, March 31 with a Moonlight Movie. Bring the
family to Downtown Prosper for fun, games, popcorn, and to watch Sonic the Hedgehog 2, an
action-adventure comedy film. Fun begins at 7:00 p.m. Parking will be on the north side of Town
Hall with the movie beginning at dusk.
Deputy Mayor Pro-Tem Andres announced the Nutrition Workshop series being held by the Parks
and Recreation Department beginning on Wednesday, March 15 through April 5 from 6:00 p.m.
to 7:00 p.m. at 407 E. First Street.
Presentations.
1. Presentation of a Proclamation declaring February 28, 2023, as Prosper
Community Library Day. (LS)
Ms. Scott provided an overview of the Achievement of Excellence Award received by
the Prosper Community Library.
Mayor Bristol read and presented a Proclamation to Ms. Scott and library staff.
CONSENT AGENDA:
Items placed on the Consent Agenda are considered routine in nature and non-controversial. The
Consent Agenda can be acted upon in one motion. Items may be removed from the Consent
Agenda by the request of Council Members or staff.
2. Consider and act upon the minutes from the February 14, 2023, Town Council
Work Session meeting. (MLS)
3. Consider and act upon the minutes from the February 14, 2023, Town Council
Regular meeting. (MLS)
4. Consider and act upon the minutes from the February 18, 2023, Town Council
Work Session meeting. (MLS)
5. Consider and act upon Ordinance 2023-21 canceling the May 6, 2023, General
Election. (MLS)
6. Receive the Quarterly Investment Report. (CL)
7. Consider and act upon Resolution 2023-22 authorizing various individuals as
signers of specific accounts and certain investment matters. (CL)
8. Consider and act upon approval of annual software maintenance and
operational open purchase orders with MCCi, for the Information Technology
Department during FY 2023. (LJ)
9. Consider and act upon awarding RFP No. 2023-09-A for Benefits and Risk
Management Consultant services for the Town of Prosper, effective February
28, 2023, and authorizing the Town Manager to execute all documents for the
same. (JE)
10. Consider and act upon approving an update to the Library Policies. (LS)
11. Receive the 2022 Annual Racial Profiling Report for the Prosper Police
Department as required by state law. (DK)
Page 8
Item 4.
Page 3 of 7
12. Consider and act upon Ordinance 2023-23 to rezone for a Specific Use Permit
for a Restaurant with Drive-Through Service on 1.12± acres, located on the north
side of US 380, west of Custer Road. (S22-0002) (DS)
13. Consider and act upon authorizing the Town Manager to execute a Development
Agreement between Eric Walker, and the Town of Prosper, Texas, related to the
Prosper Plaza development, located on the north side of US 380, west of Custer
Road. (DS)
14. Consider and act upon Ordinance 2023-24 to amend a Specific Use Permit-19
(S-19) for a Child Care Center, licensed on 2.3± acres, located on the north side
of Prairie Drive, west of Legacy Drive. (S22-0010) (DS)
15. Consider and act upon authorizing the Town Manager to execute a Development
Agreement between Srkmer Real Estate Holding 2 LLC, and the Town of
Prosper, Texas, related to the Prosper Center development, located on the north
side of Prairie Drive, west of Legacy Drive. (DS)
16. Consider and act upon Ordinance 2023-25 for a Specific Use Permit for a new
Wireless Communications and Support Structure, on .05± acre, located on the
north side of Prosper Trail, west of Legacy Drive. (S22-0011) (DS)
17. Consider and act upon authorizing the Town Manager to execute a Development
Agreement between Anthemnet Inc, and the Town of Prosper, Texas, related to
the Legacy Tower, located on the north side of Prosper Trail, west of Legacy
Drive. (DS)
Mayor Bristol stated staff would like to pull items 8 and 9 to a future meeting.
Councilmember Kern requested to pull item 12.
Councilmember Ray made a motion to approve consent agenda items 2 through 7,
10, 11, and 13 through 17. Councilmember Kern seconded that motion, and the motion
was unanimously approved.
Councilmember Kern stated in regard to item #12, he wanted to note the drive-thru
associated with the item.
Councilmember Ray made a motion to approve consent agenda item 12. Deputy
Mayor Pro-Tem Andres seconded that motion. The motion passed with a 5-1 vote,
with Councilmember Kern voting in opposition.
CITIZEN COMMENTS
No comments were made.
Items for Individual Consideration:
18. Conduct a public hearing and consider and act upon a request to amend
Planned Development-94 (PD-94), for the Westside Development, on 63.7±
acres., located northside of University Drive and east of FM 1385. (Z22-0020)
(DS)
Mr. Soto presented this item indicating the amendment to the PD was for a big box
retail use and to allow for the use of gas pumps. In addition, the revised plan changes
locations of the restaurant uses to be located along US 380 and reduces the number
Page 9
Item 4.
Page 4 of 7
of multi-family units. The applicant is also including additional landscape and buffering
along the residential border. Mr. Soto said the plan conforms to the Comprehensive
Plan. Staff received seven letters: five in opposition due to the screening wall. The
Planning and Zoning Commission approved the item subject to the applicant revising
the screening wall to a masonry screening wall along the multi-family side. Staff
recommends approval.
The Town Council discussed the retaining wall and if there would be a direct
connection to the neighborhood or not, as well as who is responsible for maintaining.
David Bond with Spiars Engineering spoke on behalf of the applicant. He provided an
overview of the proposed amendments to the PD. He indicated that they met with the
HOA to discuss the proposed plan. As a result, the developer agreed to have a
continuous wall alongside the back of the property for the residents, which would be
built when the big box is being constructed.
Steve Cross authorized representative for Costco noted the modifications on the plan
to improve the layout. The company is also working with TxDOT for the light at 1385,
the additional landscape buffer along the north side of the property, and the hig her
dock wall to help shield from the neighborhood.
Risa Yuki, Principal with MG2, spoke to the architecture and elements of design
selected for the building.
Mayor Bristol opened the public hearing.
Catherine Ashley, 960 Westmoreland Drive, expressed her support of the item,
including the recommendation by the Planning and Zoning Commission to extend the
wall the full distance of the Glenbrooke subdivision.
Blake Patton, 5590 Manitou Drive, current HOA President, provided insight from the
meetings that have been held. The residents desired restricted access to the
neighborhood and preferred to have a continuous wall the length of the property
between the neighborhood and the development.
Chester Johnson, 5451 Exeter Drive, noted he was in favor of the development;
however, expressed his frustration of not receiving adequate communications from the
HOA regarding the changes, and being able to provide feedback. He requested
reconsideration with the developer regarding the trail versus the wall.
Shannon and Donny Crawford, 951 English Ivy Drive, submitted their comment of
support for the full wall between the community and the development. They also
requested that the walking path and gate at Kent Street be retained along with a
method for limited access such as key cards issued to the residents of Glenbrooke
residents only.
Jay Reesler, 5561 Exeter Drive, commented that he is opposed to a continuous barrier
separating the neighborhood from the new development. He indicated a walking trail
on Kent Drive accessing the development with a partial wall will greatly benefit the
resident of Glenbrooke.
Donald Crawford, 951 English Ivy Drive, is opposed. He commented that he
understands there has been a change to the North wall to extend all the way to the
east without the pedestrian walkway that used to be the Kent Drive dead end. He is
against not having a walkway in the middle.
Page 10
Item 4.
Page 5 of 7
Mayor Bristol closed the public hearing.
The Town Council further discussed the wall, concerns regarding the use and
percentages of materials being used, lighting including accent and parking, and design
of the gas pump area.
Mr. Cross and Ms. Yuki commented that they can make modifications to the design
elements to address the concerns by the Town Council. They also indicated the
lighting is all LED’s and any accent lighting is down facing and the poles closer to the
subdivision are lower as well as down facing to avoid light pollution into the
neighborhood.
Mayor Bristol reminded the Town Council that they are considering an amendment to
the entire PD-94.
Deputy Mayor Pro-Tem Andres made a motion to approve a request to amend
Planned Development-94 (PD-94), for the WestSide Development, on 63.7± acres.,
located on the north side of University Drive and east of FM 1385 (Z22- 0020), subject
to the following:
1. The 8-foot screening wall on the north side of the property may have a
pedestrian entryway adjacent to Kent Drive.
2. Property Owner Association (POA) documentation may be approved by the
Executive Director of Development Services.
3. There shall be increased landscaping on the east façade of the Costco
building.
4. There shall be revisions to the west and south elevations of the Costco
building.
Councilmember Bartley seconded that motion, and the motion was unanimously
approved.
19. Conduct a public hearing and consider and act upon a request to rezone 34.7±
acres from Commercial District (C) to a new Planned Development for Mixed
Use, located northside of Prosper Trail and west of Dallas Parkway. (Z22-0019)
(DS)
Councilmember Ray made a motion to remand this item back to the Planning and
Zoning Commission to be re-worked. Councilmember Cotten seconded that motion,
and the motion was unanimously passed.
Mayor Bristol noted that one comment card was received by Barbara Nugent noting
her opposition to the item and requested staff to reach out to the applicant regarding
the action taken.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeti ng.
Deputy Mayor Pro-Tem Andres stated due to the parking along Broadway by 1418 Coffee due to
the amount of people and citizens utilizing adjacent parking, would like to discuss the possibility
of crosswalks and/or stop signs. Mr. Ewings commented that watch for pedestrian signs were
being installed.
Page 11
Item 4.
Page 6 of 7
Councilmember Bartley requested to schedule a Capital Improvements Sub Committee meeting
to discuss CIP projects.
EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code,
as authorized by the Texas Open Meetings Act, to deliberate regarding:
Section 551.087 – To discuss and consider economic development incentives and all
matters incident and related thereto.
Section 551.072 – To discuss and consider purchase, exchange, lease or value of real
property for municipal purposes and all matters incident and related thereto.
Section 551.074 – To discuss and consider personnel matters and all matters incident
and related thereto.
Section 551.071 - Raphael Sanseverino v. Town of Prosper, Case No. 429-00932-
2020, pending in the 429th Judicial District Court of Collin County.
Section 551.074 - To discuss appointments to the Board of Adjustment/Construction
Board of Appeals, Parks & Recreation Board, Library Board, Prosper Economic
Development Corporation Board, Planning & Zoning Commission, and the Community
Engagement Committee, and all matters incident and related thereto.
The Town Council recessed into Executive Session at 7:53 p.m.
Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
The Town Council reconvened into Regular Session at 8:29 p.m.
Deputy Mayor Pro-Tem Andres made a motion to authorize the Town Manager to execute a
Settlement Agreement with Raphael Sanseverino relative to a motor vehicle accident and to
negotiate on behalf of the Town by its insurance carrier. Councilmember Ray seconded that
motion, and the motion was unanimously approved.
Deputy Mayor Pro-Tem Andres made a motion to appoint Kim Shamsy to the Parks and
Recreation Board. Councilmember Cotten seconded that motion, and the motion was
unanimously approved.
Deputy Mayor Pro-Tem Andres made a motion to appoint John Hamilton to the Community
Engagement Committee. Councilmember Bartley seconded that motion, and the motion was
unanimously approved.
Adjourn.
The meeting was adjourned at 8:31 p.m.
These minutes approved on the 14th day of March 2023.
APPROVED:
David F. Bristol, Mayor
Page 12
Item 4.
Page 7 of 7
ATTEST:
Michelle Lewis Sirianni, Town Secretary
Page 13
Item 4.
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Engineering Services
Through: Mario Canizares, Town Manager
Chuck Ewings, Executive Director of Development and Infrastructure Services
Re: U.S. Highway 380 Resolution
Town Council Meeting - March 14, 2023
Agenda Item:
Consider and act upon approving a Resolution supporting U.S. Highway 380 as a Controlled
Access Highway within the corporate limits of the Town of Prosper, in accordance with
recommendations by the Texas Department of Transportation in its December 2022 Draft
Environmental Impact Statement for U.S. Highway 380 from Coit Road to FM 1827, and January
2023 Draft Environmental Assessment for U.S. Highway 380 from Teel Parkway to Lakewood
Drive; acknowledging the preferred alignment of the future expansion of U.S. Highway 380 within
the corporate limits of the Town is consistent with the Town’s Thoroughfare Plan; requesting that
the Texas Department of Transportation’s final Environmental Impact Statement and
Environmental Assessment reflect the alignment of U.S. Highway 380 within the corporate limits
of the Town of Prosper as recommended; and authorize the Mayor to submit comments to the
Texas Department of Transportation on the Draft Environmental Impact Statement and/or Draft
Environmental Assessment.
Description of Agenda Item:
As Council is aware, the Texas Department of Transportation (TxDOT) conducted a feasibility
study regarding the identification of an alignment for the future Controlled Access Highway of U.S.
Highway 380 that began in 2017 and culminated in a formal report in March 2020. The Town of
Prosper was heavily involved throughout the three (3) year feasibility study process by clearly
identifying and supporting an alignment within the limits of the Town.
For the past six (6) years, the Town has remained involved and steadfast in its support of the U.S.
Highway 380 project. In an effort to show support and cooperation, the Town passed seven (7)
Resolutions between April 2017 and March 2022 clearly identifying the preferred alignment of
keeping 380 on 380 within the Town’s jurisdictional limits. Town Staff has continued to be involved
and met monthly with TxDOT to collaborate on the schematic design for the Segment A alignment
within the limits of Prosper (widening of U.S. Highway 380 on the current alignment). During the
monthly meetings, Town Staff has taken the opportunity to reiterate its support for the Segment A
alignment.
As part of TxDOT’s Environmental Impact Statement (EIS) process, TxDOT held in-person public
meetings on February 16 and 21, 2023, to share the Draft Environmental Impact Statement and
design schematic showing the preferred alignment of U.S. Highway 380 from Coit Road to FM
ENGINEERING
SERVICES
Page 14
Item 5.
Page 2 of 2
1827. In addition to the section of U.S. Highway 380 from Coit Road to FM 1827, TxDOT held a
public hearing on February 23, 2023, to share the Draft Environmental Assessment (EA) and
design schematic showing the preferred alignment of U.S. Highway 380 from Teel Parkway to
Lakewood Drive. Both projects show the preferred alignment of the future expansion of U.S.
Highway 380 within the corporate limits of the Town consistent with the Town’s Thoroughfare Plan.
Budget Impact:
No funding required at this time. In the future some local funds may be required for right -of-way
and/or construction.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Resolution as to form and
legality.
Attached Documents:
1. Resolution
Town Staff Recommendation:
Town Staff recommends that the Town Council approve a Resolution supporting U.S. Highway
380 as a Controlled Access Highway within the corporate limits of the Town of Prosper, in
accordance with recommendations by the Texas Department of Transportation in its December
2022 Draft Environmental Impact Statement for U.S. Highway 380 from Coit Road to FM 1827,
and January 2023 Draft Environmental Assessment for U.S. Highway 380 from Teel Parkway to
Lakewood Drive; acknowledging the preferred alignment of the future expansion of U.S. Highway
380 within the corporate limits of the Town is consistent with the Town’s Thoroughfare Plan;
requesting that the Texas Department of Transportation’s final Environmental Impact Statement
and Environmental Assessment reflect the alignment of U.S. Highway 380 within the corporate
limits of the Town of Prosper as recommended; and authorize the Mayor to submit comments to
the Texas Department of Transportation on the Draft Environmental Impact Statement and/or Draft
Environmental Assessment.
Proposed Motion:
I move to approve a Resolution supporting U.S. Highway 380 as a Controlled Access Highway
within the corporate limits of the Town of Prosper, in accordance with recommendations by the
Texas Department of Transportation in its December 2022 Draft Environmental Impact Statement
for U.S. Highway 380 from Coit Road to FM 1827, and January 2023 Draft Environmental
Assessment for U.S. Highway 380 from Teel Parkway to Lakewood Drive; acknowledging the
preferred alignment of the future expansion of U.S. Highway 380 within the corporate limits of the
Town is consistent with the Town’s Thoroughfare Plan; requesting that the Texas Department of
Transportation’s final Environmental Impact Statement and Environmental Assessment reflect the
alignment of U.S. Highway 380 within the corporate limits of the Town of Prosper as
recommended; and authorize the Mayor to submit comments to the Texas Department of
Transportation on the Draft Environmental Impact Statement and/or Draft Environmental
Assessment.
Page 15
Item 5.
Resolution No. 2023-___; Page 1
TOWN OF PROSPER, TEXAS RESOLUTION NO. 2023-__
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, SUPPORTING U.S. HIGHWAY 380 BEING A CONTROLLED ACCESS
HIGHWAY WITHIN THE CORPORATE LIMITS OF THE TOWN OF PROSPER,
IN ACCORDANCE WITH RECOMMENDATIONS BY THE TEXAS
DEPARTMENT OF TRANSPORTATION IN ITS DECEMBER 2022 DRAFT
ENVIRONMENTAL IMPACT STATEMENT FOR U.S. HIGHWAY 380 FROM
COIT ROAD TO FM 1827, AND JANUARY 2023 DRAFT ENVIRONMENTAL
ASSESSMENT FOR U.S. HIGHWAY 380 FROM TEEL PARKWAY TO
LAKEWOOD DRIVE, AS MORE FULLY DESCRIBED HEREIN;
ACKNOWLEDGING THE PREFERRED ALIGNMENT OF THE FUTURE
EXPANSION OF U.S. HIGHWAY 380 WITHIN THE CORPORATE LIMITS OF
THE TOWN IS CONSISTENT WITH THE TOWN’S THOROUGHFARE PLAN;
REQUESTING THAT THE TEXAS DEPARTMENT OF TRANSPORTATION’S
FINAL ENVIRONMENTAL IMPACT STATEMENT AND ENVIRONMENTAL
ASSESSMENT REFLECT THE ALIGNMENT OF U.S. HIGHWAY 380 WITHIN
THE CORPORATE LIMITS OF THE TOWN OF PROSPER AS
RECOMMENDED; MAKING FINDINGS; AUTHORIZING THE MAYOR TO
SUBMIT COMMENTS TO THE TEXAS DEPARTMENT OF TRANSPORTATION
ON THE DRAFT ENVIRONMENTAL IMPACT STATEMENT AND/OR DRAFT
ENVIRONMENTAL ASSESSMENT; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Town Council of the Town of Prosper has consistently supported
improving the U.S. Highway 380 corridor to improve mobility for the region; and
WHEREAS, the Town Council of the Town of Prosper also has consistently supported
U.S. Highway 380 being a controlled access highway within the corporate limits of the Town; and
WHEREAS, the Texas Department of Transportation (“TxDOT”) has determined its
preferred alignment of U.S. Highway 380 from Coit Road to FM 1827 - the Blue Preferred
Alignment, as reflected in the Draft Environmental Impact Statement dated December 2022, with
such location described and depicted in Exhibit A, attached hereto; and
WHEREAS, TxDOT also has determined its preferred alignment of U.S. Highway 380 from
Teel Parkway to Lakewood Drive, as reflected in the Draft Environmental Assessment dated
January 2023, with such location described and depicted in Exhibit B, attached hereto; and
WHEREAS, the Town Council agrees that TxDOT’s preferred alignments of U.S. Highway
380 in the Town - the Blue Preferred Alignment for the Coit Road to FM 1827 project, and the
preferred alignment for the Teel Parkway to Lakewood Drive project, as reflected in the December
2022 Draft Environmental Impact Statement and January 2023 Draft Environmental Assessment,
respectively, are beneficial to the Town as well as its residents and businesses; and
WHEREAS, the Town Council hereby desires to express its strong support of the
preferred alignments of U.S. Highway 380 in the Town, as described and depicted in attached
Exhibit A and Exhibit B; and
Page 16
Item 5.
Resolution No. 2023-___; Page 2
WHEREAS, the Town Council further requests that TxDOT’s Final Environmental Impact
Statement and Final Environmental Assessment reflect the alignment of U.S. Highway 380 within
the corporate limits of the Town of Prosper as recommended and referenced herein.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Resolution as if fully set
forth herein.
SECTION 2
The Town Council of the Town of Prosper, Texas, hereby strongly supports U.S. Highway
380 being a controlled access highway within the corporate limits of the Town in accordance with
TxDOT’s preferred alignment of U.S. Highway 380 - the Blue Preferred Alignment for the Coit
Road to FM 1827 project, and the preferred alignment for the Teel Parkway to Lakewood Drive
project, as reflected in the Draft Environmental Impact Statement and Draft Environmental
Assessment referenced in the Preamble to this Resolution.
SECTION 3
The Mayor of the Town of Prosper is hereby authorized to submit comments to TxDOT
regarding on the Draft Environmental Impact Statement and/or Draft Environmental Assessment
referenced in the Preamble to this Resolution.
SECTION 4
The Town Council hereby directs Town staff to promptly forward a copy of this Resolution
to the Texas Department of Transportation.
SECTION 5
Any and all resolutions, rules, regulations, policies, or provisions in conflict with the
provisions of this Resolution are hereby repealed and rescinded to the extent of any conflict
herewith.
SECTION 6
This Resolution shall be effective from and after its passage by the Town Council.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 14TH DAY OF MARCH, 2023.
_________________________________
David F. Bristol, Mayor
Page 17
Item 5.
Resolution No. 2023-___; Page 3
ATTEST:
___________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 18
Item 5.
Resolution No. 2023-___; Page 4
EXHIBIT A
DECEMBER 2022 DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR U.S. HIGHWAY 380 FROM COIT ROAD TO FM 1827
Page 19
Item 5.
Resolution No. 2023-___; Page 5
EXHIBIT B
JANUARY 2023 DRAFT ENVIRONMENTAL ASSESSMENT FOR U.S. HIGHWAY 380 FROM TEEL PARKWAY TO LAKEWOOD
Page 20
Item 5.
Page 1 of 2
To: Mayor and Town Council
From: Leigh Johnson, Director of Information Technology
Through: Mario Canizares, Town Manager
Bob Scott, Executive Director of Administrative Services
Re: Annual Software Maintenance Purchase
Town Council Meeting – March 14, 2023
Agenda Item:
Consider and act upon approval of annual software maintenance and operational open purchase
orders with MCCi, for the Information Technology Department during FY 2023. (LJ)
Description of Agenda Item:
In order to conform with State purchasing law and best practices, the Purchasing Division has
asked the Information Technology Department to annually request Council approval of various
open or blanket purchase orders for routine maintenance, repair, and operational items.
These items are considered routine in nature and occur each year. This includes renewal of annual
contracts bid out by the Town, cooperative/interlocal agreements, and sole source items.
Each purchase order requested meets all aspects of State purchasing laws as well as Town
purchasing procedures. At this time, the Information Technology Department is requesting
approval of the following item:
Cooperative Description Vendor Amount
BuyBoard 544-17 Laserfiche Software MCCi $68,618.75
Budget Impact:
Funding is available through the FY 2023 operating budget.
Legal Obligations and Review:
This item does not require legal review.
Attached Documents:
1. BuyBoard Information
Town Staff Recommendation:
Town staff recommends approval of annual software maintenance and operational open purchase
orders with MCCi for the Information Technology Department during FY 2023.
INFORMATION
TECHNOLOGY
Page 21
Item 6.
Page 2 of 2
Proposed Motion:
I move to approve annual software maintenance and operational open purchase orders with MCCi
for the Information Technology Department during FY 2023.
Page 22
Item 6.
Vendor Contract Information Summary
MCCi, LLC (Self-reporting Vendor)Vendor
Stephanie WoodContact
8507010725Phone
1768Phone Extension
swood@mccinnovations.comEmail
www.mccinnovations.comVendor Website
33-1069550TIN
1958A Commonwealth LaneAddress Line 1
TallahasseeVendor City
32303Vendor Zip
FLVendor State
USAVendor Country
10Delivery Days
FOB DestinationFreight Terms
Net 30 daysPayment Terms
Prepaid and added to invoiceShipping Terms
Common CarrierShip Via
NoDesignated Dealer
YesEDGAR Received
NoService-disabled Veteran Owned
NoMinority Owned
NoWomen Owned
YesNational
YesNo Foreign Terrorist Orgs
YesNo Israel Boycott
NoMWBE
All Texas RegionsESCs
All StatesStates
Copy-Print and Document Management ServicesContract Name
625-20Contract No.
12/01/2020Effective
11/30/2023Expiration
YesAccepts RFQs
625-20Quote Reference Number
2/21/2023 9:23 AM
Page 23
Item 6.
Vendor Contract Information Summary
For software orders, within 30 days of order, if software has
not been activated, a full refund will be granted; if software
has been activated, a 15% processing fee will apply. No
refunds will be granted after 30 days. For scanning orders,
MCCi will correct only those valid discrepancies outlined in
our agreement above the acceptable error rate reported
within 90 days after delivery of electronic data to client. All
product warranties are limited to manufacturer's standard
warranty provisions.
Return Policy
2/21/2023 9:23 AM
Page 24
Item 6.
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Engineering Services
Through: Mario Canizares, Town Manager
Chuck Ewings, Executive Director of Development and Infrastructure Services
Re: Professional Engineering Services Agreement – LAN
Upper Doe Branch Wastewater Line (Teel Parkway to PISD Stadium)
Town Council Meeting - March 14, 2023
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Professional Engineering
Services Agreement between Lockwood, Andrews & Newnam, Inc., and the Town of Prosper, Texas,
related to the design of the Upper Doe Branch Wastewater Line (Teel Parkway to PISD Stadium)
project.
Description of Agenda Item:
On December 16, 2022, the Professional Engineering Services Agreement approved at the March
29, 2022, Town Council meeting for the design of this project was terminated. With continued
significant development interests at both the SEC and SWC of Frontier Parkway and the Dallas North
Tollway, staff has completed negotiations with another engineering firm, Lockwood, Andrews &
Newnam, Inc., (LAN) to complete the design of this project.
The services associated with this agreement are for the design of approximately four miles of a
wastewater line extending from the current terminus of the wastewater line in the Windsong Parkway
development, near the intersection of Teel Parkway and Prosper Trail, easterly to the Prosper ISD
Stadium lift station. Based on the Town’s Wastewater Master Plan, the sanitary sewer line is
anticipated to be as large as twenty-four inches (24”) in diameter. The design also includes the
decommissioning of three lift stations, one along the east side of Legacy Drive between Prosper Trail
and Frontier Parkway, one within Frontier Park, and the third at the Prosper ISD Stadium.
The Town Council previously approved a list of qualified engineering firms, which included services
for wastewater design. Lockwood, Andrews & Newnam, Inc., is included on the approved list.
Budget Impact:
The cost for the design is $499,105. The 2021-2022 Capital Improvement Program included
$375,000 for the design, of which, $95,600 has been expended under the original agreement. To
fund the additional $219,705 needed to complete the design of this project, since the Upper Trinity
Regional Water District (UTRWD) is not scheduled to commence construction on the Doe Branch
Parallel Interceptor project until early 2024, $500,000 in Wastewater Impact Fees currently allocated
towards that project in Account No. 640-5410-50-00-2103-WW, will be reallocated to the Upper Doe
Branch Wastewater Line (Teel Parkway to PISD Stadium) project in Account No. 640-5410-50-00-
ENGINEERING
SERVICES
Page 25
Item 7.
Page 2 of 2
2152-WW. Staff is working with the UTRWD to obtain updated cost estimates for the project in order
to ensure adequate funding is requested in the upcoming budget for the Doe Branch Parallel
Interceptor project.
Attached Documents:
1. Professional Engineering Service Agreement
2. Location Map
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard Professional Engineering
Services Agreement as to form and legality.
Town Staff Recommendation:
Town Staff recommends that the Town Council authorize the Town Manager to execute a
Professional Engineering Services Agreement between Lockwood, Andrews & Newnam, Inc., and
the Town of Prosper, Texas, related to the design of the Upper Doe Branch Wastewater Lin e (Teel
Parkway to PISD Stadium) project.
Proposed Motion:
I move to authorize the Town Manager to execute a Professional Engineering Services Agreement
between Lockwood, Andrews & Newnam, Inc., and the Town of Prosper, Texas, related to the design
of the Upper Doe Branch Wastewater Line (Teel Parkway to PISD Stadium) project.
Page 26
Item 7.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 1 OF 19
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS, AND LOCKWOOD, ANDREWS & NEWNAM, INC.
FOR THE UPPER DOE BRANCH WASTEWATER LINE (TEEL PARKWAY TO PISD STADIUM) (2152-WW)
This Agreement for Professional Engineering Services, hereinafter called “Agreement,” is entered into by the
Town of Prosper, Texas, a municipal corporation, duly authorized to act by the Town Council of said Town,
hereinafter called “Town,” and Lockwood, Andrews & Newnam, Inc., a company authorized to do business in
Texas, acting through a duly authorized officer, hereinafter called “Consultant,” relative to Consultant providing
professional engineering services to Town. Town and Consultant when mentioned collectively shall be referred to as
the “Parties.”
W I T N E S S E T H:
WHEREAS, Town desires to obtain professional engineering services in connection with the Upper Doe
Branch Wastewater Line (Teel Parkway to PISD Stadium) (2152-WW), hereinafter called “Project”;
For the mutual promises and benefits herein described, Town and Consultant agree as follows:
1. Term of Agreement. This Agreement shall become effective on the date of its execution by both
Parties, and shall continue in effect thereafter until terminated as provided herein.
2. Services to be Performed by Consultant. The Parties agree that Consultant shall perform such
services as are set forth and described in Exhibit A - Scope of Services and incorporated herein as if written word
for word. All services provided by Consultant hereunder shall be performed in accordance with the degree of care
and skill ordinarily exercised under similar circumstances by competent members of their profession. In case of
conflict in the language of Exhibit A and this Agreement, this Agreement shall govern and control. Deviations from
the Scope of Services or other provisions of this Agreement may only be made by written agreement signed by all
Parties to this Agreement.
3. Prompt Performance by Consultant. Consultant shall perform all duties and services and make all
decisions called for hereunder promptly and without unreasonable delay as is necessary to cause Consultant’s
services hereunder to be timely and properly performed. Notwithstanding the foregoing, Consultant agrees to use
diligent efforts to perform the services described herein and further defined in any specific task orders, in a manner
consistent with these task orders; however, the Town understands and agrees that Consultant is retained to perform
a professional service and such services must be bound, first and foremost, by the principles of sound professional
judgment and reasonable diligence.
4. Compensation of Consultant. Town agrees to pay to Consultant for satisfactory completion of all
services included in this Agreement a total fee of (a) Basic Service, on a lump sum basis in an amount not to exceed
Three Hundred Seven Thousand Two Hundred Five Dollars ($307,205) (b) for Special Services, on cost-plus basis
in an amount not to exceed One Hundred Ninety-one Thousand Nine Hundred Dollars ($191,900) for the Project as
set forth and described in Exhibit B - Compensation Schedule and incorporated herein as if written word for word.
Lump sum fees shall be billed monthly based on the percentage of completion. Hourly not to exceed fees shall be
billed monthly based on hours of work that have been completed. Direct Costs for expenses such as mileage, copies,
scans, sub-consultants, and similar costs are included in fees and shall be billed as completed.
Consultant agrees to submit statements to Town for professional services no more than once per month.
These statements will be based upon Consultant's actual services performed and reimbursable expenses incurred,
Page 27
Item 7.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 2 OF 19
if any, and Town shall endeavor to make prompt payments. Each statement submitted by Consultant to Town shall
be reasonably itemized to show the amount of work performed during that period. If Town fails to pay Consultant
within sixty (60) calendar days of the receipt of Consultant's invoice, Consultant may, after giving ten (10) days written
notice to Town, suspend professional services until paid.
Nothing contained in this Agreement shall require Town to pay for any work that is unsatisfactory as
reasonably determined by Town or which is not submitted in compliance with the terms of this Agreement.
The Scope of Services shall be strictly limited. Town shall not be required to pay any amount in excess of
the original proposed amount unless Town shall have approved in writing in advance (prior to the performance of
additional work) the payment of additional amounts.
5. Town’s Obligations. Town agrees that it will (i) designate a specific person as Town’s
representative, (ii) provide Consultant with any previous studies, reports, data, budget constraints, special Town
requirements, or other pertinent information known to Town, when necessitated by a project, (iii) when needed, assist
Consultant in obtaining access to properties necessary for performance of Consultant’s work for Town, (iv) make
prompt payments in response to Consultant’s statements and (v) respond in a timely fashion to requests from
Consultant. Consultant is entitled to rely upon and use, without independent verification and without liability, all
information and services provided by Town or Town’s representatives.
6. Ownership and Reuse of Documents. Upon completion of Consultant’s services and receipt of
payment in full therefore, Consultant agrees to provide Town with copies of all materials and documents prepared or
assembled by Consultant under this Agreement and that Town may use them without Consultant's permission for
any purpose relating to the Project. Any reuse of the documents not relating to the Project shall be at Town's risk.
Consultant may retain in its files copies of all reports, drawings, specifications and all other pertinent information for
the work it performs for Town. Consultant shall retain Ownership of all materials.
7. Town Objection to Personnel. If at any time after entering into this Agreement, Town has any
reasonable objection to any of Engineer’s personnel, or any personnel, professionals and/or consultants retained by
Engineer, Engineer shall promptly propose substitutes to whom Town has no reasonable objection, and Engineer’s
compensation shall be equitably adjusted to reflect any difference in Engineer’s costs occasioned by such
substitution.
8. Insurance. Consultant shall, at its own expense, purchase, maintain and keep in force throughout
the duration of this Agreement applicable insurance policies as described in Exhibit C - Insurance Requirements
and incorporated herein as if written word for word. Consultant shall submit to Town proof of such insurance prior to
commencing any work for Town.
9. Indemnification. CONSULTANT DOES HEREBY COVENANT AND AGREE TO RELEASE,
INDEMNIFY AND HOLD HARMLESS TOWN AND ITS OFFICIALS, OFFICERS, REPRESENTATIVES,
EMPLOYEES AND INVITEES FROM AND AGAINST LIABILITY, CLAIMS, SUITS, AND/OR CAUSES OF ACTION,
(INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES AND COSTS OF LITIGATION), WHICH
MAY ARISE BY REASON OF DEATH OR INJURY TO PROPERTY OR PERSONS BUT ONLY TO THE EXTENT
OCCASIONED BY THE NEGLIGENT ACT, ERROR OR OMISSION OF CONSULTANT, ITS OFFICIALS,
OFFICERS, AGENTS, EMPLOYEES, INVITEES OR OTHER PERSONS FOR WHOM CONSULTANT IS LEGALLY
LIABLE WITH REGARD TO THE PERFORMANCE OF THIS AGREEMENT.
IN THE EVENT THAT TOWN AND CONSULTANT ARE CONCURRENTLY NEGLIGENT, THE PARTIES
AGREE THAT ALL LIABILITY SHALL BE CALCULATED ON A COMPARATIVE BASIS OF FAULT AND
Page 28
Item 7.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 3 OF 19
RESPONSIBILITY AND THAT NEITHER PARTY SHALL BE REQUIRED TO DEFEND OR INDEMNIFY THE
OTHER PARTY FOR THAT PARTY’S NEGLIGENT OR INTENTIONAL ACTS, ERRORS OR OMISSIONS.
10. Notices. Any notices to be given hereunder by either Party to the other may be affected either by
personal delivery, in writing, or by registered or certified mail to the following addresses:
Lockwood, Andrews & Newnam, Inc.
Justin C. Reeves, Vice President
1300 Summit Avenue, Ste. 300
Fort Worth, Texas 76102
JReeves@LAN-inc.com
Town of Prosper
Mario Canizares, Town Manager
PO Box 307
Prosper, Texas 75078
MCanizares@prospertx.gov
11. Termination. The obligation to provide further services under this Agreement may be terminated by
either Party in writing upon thirty (30) calendar days notice. In the event of termination by Town, Consultant shall be
entitled to payment for services rendered through receipt of the termination notice.
12. Sole Parties and Entire Agreement. This Agreement shall not create any rights or benefits to
anyone except Town and Consultant, and contains the entire agreement between the Parties. Oral modifications to
this Agreement shall have no force or effect.
13. Assignment and Delegation. Neither Town nor Consultant may assign its rights or delegate its
duties without the written consent of the other Party. This Agreement is binding on Town and Consultant to the extent
permitted by law. Nothing herein is to be construed as creating any personal liability on the part of any Town officer,
employee or agent.
14. Texas Law to Apply; Successors; Construction. This Agreement shall be construed under and in
accordance with the laws of the State of Texas. It shall be binding upon, and inure to the benefit of, the Parties hereto
and their representatives, successors and assigns. Should any provisions in this Agreement later be held invalid,
illegal or unenforceable, they shall be deemed void, and this Agreement shall be construed as if such provision had
never been contained herein.
15. Conflict of Interest. Consultant agrees that it is aware of the prohibited interest requirement of the
Town Charter, which is repeated in Exhibit D - Conflict of Interest Affidavit and incorporated herein as if written
word for word, and will abide by the same. Further, a lawful representative of Consultant shall execute the Affidavit
included in the exhibit. Consultant understands and agrees that the existence of a prohibited interest during the term
of this Agreement will render the Agreement voidable.
Consultant agrees that it is further aware of the vendor disclosure requirements set forth in Chapter 176,
Local Government Code, as amended, and will abide by the same. In this connection, a lawful representative of
Consultant shall execute the Conflict of Interest Questionnaire, Form CIQ, attached hereto as Exhibit E - Conflict of
Interest Questionnaire and incorporated herein as if written word for word.
16. Venue. The Parties herein agree that this Agreement shall be enforceable in Prosper, Texas, and if
legal action is necessary to enforce it, exclusive venue shall lie in Collin County, Texas.
17. Mediation. In the event of any disagreement or conflict concerning the interpretation of this
Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit
such disagreement to non-binding mediation. Each Party shall bear its own costs.
Page 29
Item 7.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 4 OF 19
18. Prevailing Party. In the event a Party initiates or defends any legal action or proceeding to enforce
or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled
to recover its reasonable costs and attorney’s fees (including its reasonable costs and attorney’s fees on any appeal).
19. “Anti-Israel Boycott” Provision. In accordance with Chapter 2270, Texas Government Code, a
Texas governmental entity may not enter into a contract with a company for the provision of goods or services unless
the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott
Israel during the term of the contract. Chapter 2270 does not apply to a (1) a company that is a sole proprietorship;
(2) a company that has fewer than ten (10) full-time employees; or (3) a contract that has a value of less than One
Hundred Thousand Dollars ($100,000.00). Unless the company is not subject to Chapter 2270 for the reasons stated
herein, the signatory executing this Agreement on behalf of the company verifies by its signature to this Agreement
that the company does not boycott Israel and will not boycott Israel during the term of this Agreement.
20. Force Majeure. The Town agrees that the Consultant is not responsible for damages arising from
any circumstances beyond the Consultant’s reasonable control. For purposes of this Agreement, such causes
include, but are not limited to, strikes or other labor disputes; severe weather disruptions, natural disasters, fire or
other acts of God; riots, war or other emergencies; failure of any governmental agency to act in timely manner; failure
of performance by Town or the Town’s other consultants, it’s Contractor or any of their subcontractors; or discovery
of any hazardous substances or differing and unforeseeable site conditions.
21. Mutual Waiver of Consequential Damages. In no event shall either Party be liable, whether in
contract or tort or otherwise, to the other Party for loss of profits, delay damages, or for any special incidental or
consequential loss or damage of any nature arising at any time or from any cause whatsoever.
22.. Opinion of Probable Costs. Notwithstanding anything to the contrary, Consultant’s opinions of
probable total project costs, construction costs, and/or estimates of quantities, if any, provided as part of the services
under the Agreement are made on the basis of Consultant’s knowledge, experience and qualifications and represent
Consultant’s judgment as an experienced professional. Consultant does not guarantee that proposals, bids, actual
total project costs, total construction costs or quantity estimates will not vary from the opinions provided by Consultant.
23.. Construction Means, Methods and Safety. Consultant is not responsible for supervising, directing,
controlling, or otherwise being in charge of the construction activities, means, methods or health or safety programs
at the project site or in connection with the work; or supervising, directing, controlling, or otherwise being in charge of
the actual work of the Construction Contractor, its sub-contractors, or other materialmen or service providers not
engaged by Consultant.
24. Signatories. Town warrants and represents that the individual executing this Agreement on behalf
of Town has full authority to execute this Agreement and bind Town to the same. Consultant warrants and represents
that the individual executing this Agreement on its behalf has full authority to execute this Agreement and bind
Consultant to same.
Page 30
Item 7.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 5 OF 19
IN WITNESS WHEREOF, the Parties, having read and understood this Agreement, have executed such in
duplicate copies, each of which shall have full dignity and force as an original, on the _______ day of
_______________________, 20____.
Lockwood, Andrews & Newnam, Inc.
By:
Signature
Justin C. Reeves
Printed Name
Vice President
Title
Date
TOWN OF PROSPER, TEXAS
By:
Signature
Mario Canizares
Printed Name
Town Manager
Title
Date
03/02/2023
Page 31
Item 7.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 6 OF 19
EXHIBIT A
SCOPE OF SERVICES
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS, AND LOCKWOOD, ANDREWS & NEWNAM, INC.
FOR THE UPPER DOE BRANCH WASTEWATER LINE (TEEL PARKWAY TO PISD STADIUM) (2152-WW)
I. PROJECT DESCRIPTION
In preparation for development at the intersection of Frontier Parkway (FM 1461) and Dallas North Tollway (DNT),
the Town proposes to construct the Upper Doe Branch Wastewater Line as shown on the Town’s Wastewater Master
Plan. The line connects to the existing Doe Branch interceptor near Teel Parkway and W Prosper Trail, following Doe
Branch Creek, Legacy Road, and Frontier Parkway to Prosper ISD Stadium. This interceptor will also allow for the
decommissioning of three lift stations, providing for improved operations and reduced maintenance for the Town. The
project corridor is shown in Exhibit A.1.
This project includes preparation of construction documents, geotechnical investigation, subsurface utility
investigation, environmental services, surveying services, utility coordination and crossing permits, and limited bid
and construction phase services. Construction document submittals for review will be made at 30%, 60%, and 90%
milestones.
II. TASK SUMMARY
Task 1. PROJECT MANAGEMENT AND COORDINATION
Consultant shall provide project management services for the project. The following services shall be
provided:
a) Manage and coordinate all parties involved in the project, including subconsultants, Town Staff,
franchise utility owners, and NTTA.
b) Obtain, review, and distribute design criteria, pertinent utility plans, street plans, plats and right-of-
way maps, existing easement information, and other information available for the project area.
c) Prepare written progress reports to be submitted with monthly pay requests. The Consultant’s
written progress report shall describe activities during the reporting period; activities planned for the
following period; problems encountered and actions taken to remedy them; and overall status,
including a percent complete by task.
d) Develop and maintain a detailed project schedule to track project conformance to Exhibit B,
Compensation Schedule. The schedule submittal shall be electronic format. Schedule submittals
are required at the start of the project and any time the schedule is revised for design or review
purposes.
Task 2. SURVEYING SERVICES
Consultant shall retain (as a subconsultant) and monitor the services of a surveying firm to perform
surveying services for the project. Additional survey information provided by the Town will be incorporated
into the survey.
a) Topographic Survey
i) Vertical benchmarks shall be established such that all points of construction shall be within
500 feet of a benchmark. Benchmarks should not be subject to loss during construction
and shall be tied the Town’s benchmarks. Fire hydrants and similar appurtenances are not
to be used for benchmarks. The surveyor shall establish temporary benchmarks
throughout the length of the project.
Page 32
Item 7.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 7 OF 19
ii) Topographic features will be surveyed along with any and all other features needed for
design, review, permitting, construction, and inspection of the project. Coverage will extend
beyond the proposed rights-of-way far enough to integrate the design with the adjacent
properties.
iii) Quality Level “C” and “D” Subsurface Utility Engineering:
(1) Investigate utility systems shown on the record drawings that are included within
the project site. Visible surface features and appurtenances of the subsurface
utilities found within the project site shall be evaluated.
(2) Prepare documentation of the utilities encountered and marked, including their
general location, orientation, type & size.
(3) Existing property corners, iron pins, etc. shall be tied in order to establish existing
rights-of-way. Access private property is not anticipated due to utilization of LiDAR
scanners. If access is required, then the surveyor shall secure written permission
from the property owners and/or tenant and shall provide the Town a copy of said
written permission. Should only oral permission be granted, the surveyor shall
document the permission granted by letter to the property owner/tenant, with a
copy to the Town. If permission cannot be obtained, the Town will assist, or other
arrangements will be worked out.
b) Right-of-way and Easement Instruments
i) Surveyor will prepare metes and bounds descriptions with accompanying map exhibit for
permanent and temporary instruments, which include:
(1) Existing appraisal district tax card, parent deed and/or plat, map check for each
exhibit and all other supporting documentation;
(2) All documents will include NAD83 GRID coordinates for the point of beginning,
horizontal scaling factors, and basis of bearings information;
(3) Signed and sealed PDF of the complete instrument for each parcel. No paper
copies are included.
Construction control survey and staking is excluded.
Task 3. PRELIMINARY DESIGN PHASE
a) Review alignment by others and/or other applicable improvement(s) in Project areas and pertinent
information regarding land boundaries and ownership in the potentially affected areas;
b) Evaluate erosion potential to protect Town’s infrastructure within the limits of the Project;
i) Using FEMA Zone ‘A’ floodplain limits and establish minimum setback for pipeline
alignment.
c) Determine average and maximum flow conditions based on future land use and proposed
development information provided by the Town. Size the capacity of the proposed system based
on determined flow conditions. Prepare technical memorandum outlining methodology and results;
d) The Consultant will develop preliminary construction drawings for review by the Town. In general,
construction plans shall be consistent with standard of care for projects of this nature. The
construction plans will be developed on 22”x34” sheets that are formatted to be reproduced at half-
scale (11”x17”). The construction plans will consist of numbered sheets ordered as follows:
i) Cover Sheet and Sheet Index: The cover sheet shall include a location map. Additionally,
the cover sheet shall show the project name, project number, date, Town logo,
Consultant’s name, address, and telephone number and other items as may be specified.
Following the title sheet shall be a sheet index with drawings numbered consecutively.
ii) Town Standard General Notes: The Town Standard General Notes will be reviewed and
incorporated.
Page 33
Item 7.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 8 OF 19
iii) Project Layout Sheet: The project layout sheet(s) will be drawn to scale and laid out with
the north arrow up or to the right. The purpose of the project layout is to depict the project
in a simplified view. Major items of work will be shown with minimal detail. Survey control
points, property information, and centerline alignment data shall be shown.
iv) Quantity Summary Sheet: The Quantity Summary Sheet will provide a list of all the pay
items and estimated quantities in the contract.
v) Sanitary Sewer Hydraulics Calculations: proposed sewer-shed service areas will be
shown, including identification number, land use assumptions, land areas, average and
peak flows, proposed pipe sizes, slopes, and capacities.
vi) Sanitary Sewer Plan and Profile Sheets: Plan sheets will be arranged from south to north
and from west to east, with the north arrow up or to the right on the sheet. Plan sheets will
be drawn to a scale of 1” = 20’ horizontal at 22” x 34” (1” = 40” at 11”x 17”). Stationing will
be from south to north and/or west to east or consistent with stationing established in
record drawings, where appropriate. Each plan sheet will include no more than 500 feet of
alignment; thus, leaving ample margins both left and right. The proposed centerline will be
drawn generally parallel to sheet border. Plan sheets shall depict existing and proposed
items pertinent to the project.
vii) Lift Station Decommissioning and Connection Plans: Details plans will show necessary
equipment removals, abandonments, and/or other special requirements necessary for the
decommissioning of three (3) lift stations.
viii) Detail Sheets: Town standard construction details will be included as necessary for the
construction of the project.
ix) Generic Sheet List:
(1) Cover Sheet
(2) Sheet Index and Legend
(3) Town Standard General Notes
(4) Project Layout Sheets
(5) Quantity Summary Sheet
(6) Sanitary Sewer Hydraulics Calculations
(7) Sanitary Sewer Plan and Profile Sheets
(8) Lift Station Decommissioning and Connection Plans
(9) Detail Sheets
x) Engineer will coordinate with site development engineer of adjacent development to
ensure designs are compatible.
e) Engineer’s Opinion of Probable Construction Cost (OPCC): Consultant will prepare an opinion of
probably construction cost. Consultant will prepare bid items based on NCTCOG Standard
Specifications for Public Works Construction, 5th edition.
f) Attend one (1) meeting with the Town of Prosper project manager to conduct an on-site review and
walkthrough.
g) Submittals:
i) Submit one electronic copy of sanitary sewer flow technical memorandum;
ii) Submit one electronic copy of preliminary construction plans, and OPCC;
iii) Refer to III. DELIVERABLES.
h) Exclusions:
i) Public Meetings;
ii) Town Council Coordination and Meetings;
iii) Landowner Coordination and Meetings.
Task 4. ENVIRONMENTAL SERVICES
Page 34
Item 7.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 9 OF 19
Consultant shall retain (as a subconsultant) and monitor the services of an environmental firm to perform
environmental services for the project.
Archeological Backhoe Trenching, Additional Archeological Site Evaluation, and Deed Title Research are
specifically excluded from this scope of work. These items could be required as a condition of the
Antiquities Permit from the Texas Historical Commission.
a) Phase I Cultural Resources Pedestrian Survey
Through cursory review of the project, IES has determined that there are no previously
recorded sites or other cultural resources within proposed project area. Furthermore, historic
aerial photography and topographic maps reveal that the project area is absent of any
potentially historic structures. Due to the proximity of the project to unnamed tributary to Doe
Branch, the project area has an elevated probability of prehistoric archeological resources. As
a portion of the project is located within frequently flooded soils, it is anticipated that the THC
may require deep testing to evaluate if the project will impact any deeply buried archeological
sites within the floodplain.
Once notice-to-proceed (NTP) has been acquired, IES will immediately begin preparations
to coordinate with the THC. Coordination with the THC will occur through the submittal of an
Antiquities Permit Application that describes the project area and details the proposed scope of
work. Once the permit application has been approved by the THC, IES will be provided a
permit number and receive authorization to conduct the archeological survey. The THC has a
maximum of 30 days to review a submitted permit application. Concurrent to Antiquities Permit
Application review, IES will begin coordinating with project management to streamline fieldwork
once the permit has been received.
Since the project will be located on state land and will require a Section 404 permit, an
archeological survey must be conducted for the project to comply with state and federal law.
As such, IES will provide the following professional services to obtain THC/USACE approval
for the project:
· complete the Antiquities Permit Application necessary to conduct the intensive
pedestrian archeological survey;
· complete a full intensive pedestrian archeological survey to document archeological
sites 50 years or older within the project corridor;
· make preliminary determinations of eligibility for inclusion in the NRHP or as a State
Antiquities Landmark (SAL) for any documented archeological sites encountered;
· analyze any artifacts recorded and/or collected (if applicable);
· complete and submitting State of Texas Archeological Site Data Forms to the Texas
Archeological Research Laboratory (TARL) for any newly recorded archeological sites
encountered within the project area and obtain site trinomial identification numbers;
· draft a technical report that documents the archeological background review, survey
methods, survey results, any necessary NRHP eligibility assessment, and
recommendations; and
· conduct coordination with the THC to agency comment.
Due to the presence of soils indicating both alluvial deposition within the unnamed tributary
to Doe Branch floodplain and in situ development within upland settings, this intensive
archeological survey will be conducted using systematically-placed shovel tests within the
project area. In areas with potential for containing archeological materials in shallow contexts
(i.e., depths less than 3 feet [ft]), shovel tests will be excavated to the top of culturally sterile
deposits, typically the calcic (Bk) subsoil horizon or bedrock in this area. Each shovel test will
be at least 30 centimeters (cm) in diameter and will be excavated in levels not exceeding 20
cm in thickness. Excavated soil will be screened using 0.25-inch (in; 0.64-cm) hardware mesh
Page 35
Item 7.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 10 OF 19
to facilitate the recovery of artifacts. If clay content is high and cannot be efficiently screened,
the excavated soil will be manually troweled and inspected for cultural deposits. Additionally,
the physical properties of each natural stratigraphic level will be recorded. All shovel test
locations will be plotted using hand-held Global Positioning System (GPS) units. Investigators
will document the results of each shovel test on standardized forms.
For linear portions of the project (e.g., proposed force and gravity mains), the THC
Archeological Survey Standards for Texas require that 16 shovel tests be conducted per mile
(mi) along each survey transect. Thus, it is anticipated that a maximum of approximately 46
shovel tests will be required by the current CTA archeological survey standards and will be
excavated during the intensive survey. However, the number of shovel and auger tests could
vary based on the extent of previous disturbances, exposed bedrock or culturally sterile
subsoil, and steep slopes present within the project area, or if archeological site(s) are
encountered.
b) Delineation of Waters of the United States
IES will provide professional services to delineate all waters of the United States, including
wetlands, at the specified project site. IES wetland ecologist will delineate the jurisdictional
limits of the streams and any on-channel ponds based on 33 CFR 328.3[e], delineate the
jurisdictional limits of any potential wetlands based on the 1987 USACE Wetland Delineation
Manual, the Great Plains Regional Supplement, and current Regulatory Guidance Letters. IES
will record the boundaries of any potential jurisdictional waters with a sub-meter accurate
Global Positioning System and on field maps that will be digitized for illustrations and
calculations. This delineation map will be provided to the client.
The deliverable for this task is a letter report that summarizes the delineation of the site.
The letter report will include:
· Delineation map of the jurisdictional waters of the United States;
· Routine Wetland Determination Data Forms completed for all potential wetlands
(including any questionable wetlands);
· Representative photographs of upland and jurisdictional sites;
· Descriptions of the site and each jurisdictional area (i.e., soils, plant communities,
historic land use, stream characteristics, and ultimately the quality);
· Determinations as to significant nexus for all wetlands and non-relatively permanent
waters within the study limits; and
· Definitions of a water of the United States and whether each water/wetland feature
meet a definition (i.e., IES’ opinion as to whether they are jurisdictional). Antiquities
Code of Texas Permit Application
c) Protected Species Habitat Assessment
This effort will include coordinating with USFWS to determine the species listed in Collin
County, habitat surveys for listed protected species and a report presenting the findings of the
surveys. Research of available data will determine the listed species and their preferred
habitat. Species-specific surveys will not be covered in this scope of services, since they
require substantial time throughout particular seasons using specific protocols. Habitat
surveys are designed to determine whether the site contains preferred protected species
habitat and the likelihood of the presence of that species. A brief letter report will be prepared
summarizing the results of the survey. Specifically, the report will describe the habitats present
on the site, the protected species that are listed in Collin County and their preferred habitats,
and an evaluation of whether or not this preferred habitat is present on the site.
d) Section 404/Nationwide Permit Assessment
After the delineation and cultural resources survey is completed, IES will utilize this
Page 36
Item 7.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 11 OF 19
information to evaluate the proposed alignment to determine compliance with Section 404 of
the CWA, specifically the NWP program. IES will evaluate the proposed project and what
impacts the project has in waters of the United States to determine the USACE’s scope and
type of permit necessary for the impacts. Next IES will document the NWP terms and
conditions, General Conditions, and Fort Worth District Regional Conditions for the applicable
permit. Finally, IES will document how the proposed project complies with each of these
conditions. IES will summarize the delineation, impact assessment, permit conditions, and
compliance in a brief letter report.
Task 5. FINAL DESIGN PHASE
a) The Consultant will develop construction drawings for review by the Town.
b) Engineer’s Opinion of Probable Construction Cost (OPCC) will be updated for each submittal.
c) The following permits are anticipated to be required for this project. Permit applications will be
prepared and coordinated by the Town:
i) NTTA;
ii) ONEOK;
iii) Atmos.
No special exhibits will be prepared. Engineer will provide necessary information to Town for
application(s) and update plans to incorporate utility feedback.
d) Submittals:
i) Plans will be submitted for review at 60% and 90% milestones.
ii) Town review comments will be logged and incorporated as necessary.
iii) Final plans will be submitted for bid after 90% review and updates are complete.
iv) Refer to III. DELIVERABLES.
e) Exclusions:
i) Traffic Control plans;
ii) Public Meetings;
iii) Town Council Coordination and Meetings.
Task 6. GEOTECHNICAL INVESTIGATION
Consultant shall retain (as a subconsultant) and monitor the services of a geotechnical engineering firm to
perform geotechnical services for the project. Approximately 10 borings will be performed, at a depth
similar to anticipated trench depth.
The Town will provide sealed geotechnical report(s) from recent projects along Frontier Parkway. Data
shown on the plans will be supplemented with information provided by the Town, but this information will
not be included in the geotechnical report for this project.
a) Field Exploration
i) Field locate borings by handheld GPS unit with a horizontal accuracy of about 15 feet.
Elevations will be interpolated from civil drawings or referenced from published
topographical maps.
ii) Perform seven borings with a truck-mounted drilling rig to depths of about 25 to 30 feet
below the existing site grades for the sewer line and three borings to a depth of 50 feet at
the bore/tunnel locations. The total footage is 360 feet.
iii) Obtain representative soil samples by means of the split-barrel and Shelby tube sampling
procedures in general accordance with ASTM Specifications D-1586 and D-1587,
respectively.
iv) Texas Cone Penetrometer tests will be performed to evaluate the load-carrying capacity of
the bedrock encountered in the borings. These tests will be performed in general
Page 37
Item 7.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 12 OF 19
accordance with test method TEX-132-E in the Texas Department of Transportation
(TxDOT) Manual of Testing Procedures.
v) Measure the depth of groundwater at each boring at the time of drilling and prior to
backfilling.
b) Laboratory Testing
i) Laboratory testing of representative soil samples will be performed to determine physical
and engineering properties of the soil. The laboratory testing may include the following:
(1) Moisture content
(2) Atterberg limits
(3) Passing No. 200 sieve
(4) Unconfined compressive strength
(5) Corrosion suite - pH, resistivity, redox, sulfides, chlorides, and sulfates at three
locations
c) Engineering Report
i) Upon completion of the field exploration, laboratory testing, and engineering analyses, we
will prepare a written engineering report that will include:
(1) A review of published soils mapping and/or geologic information.
(2) Observations from our site reconnaissance and personnel on the drill rig, including
current site conditions, surface drainage features, and surface topographic
conditions, and/or available satellite imagery.
(3) A description of the field exploration and laboratory tests performed.
(4) Final logs of the soil borings in accordance with industry standard practices for
geotechnical engineering. A Boring Location Plan will be included.
(5) The results of the laboratory tests will be plotted on the final exploration logs
and/or included on separate test report pages.
(6) Discussion of the subsurface materials encountered along with groundwater
conditions observed.
(7) Subsurface cross sections/profiles will be included that graphically represent the
subsurface conditions.
(8) Geotechnical design parameters and recommendations for sewer line, per Town
of Prosper standards. This will also include allowable bearing pressures, estimates
of predicted foundation movement, excavation, pipe bedding, modulus of soil
reaction, coefficient of skin friction between the bedding material and the pipe, and
backfill material, and lateral earth pressure for the proposed pipeline.
(9) General recommendations for boring and tunneling for the proposed pipeline.
(10) Discussion of earthwork construction considerations for compaction, reuse of soils,
groundwater, expansive soils, shallow rock, drainage, or other considerations.
(11) General discussion of corrosivity of soils at the site with respect to deleterious
effects on concrete structures.
Task 7. SUBSURFACE UTILITY ENGINEERING
Consultant shall retain (as a subconsultant) and monitor the services of a subsurface utility engineering
(SUE) firm to perform SUE services for the project. SUE work required for this project in general
accordance with the recommended practices and procedures described in ASCE Publication CI/ASCE 38-
02 (Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data).
a) Quality Level B (QLB) - Two-dimensional (x, y) information obtained through the application and
interpretation of non-destructive surface geophysical methods. Also known as “designating” this
quality level provides the horizontal position of subsurface utilities within approximately one foot.
Page 38
Item 7.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 13 OF 19
For this project, limited QLB will be provided along Frontier Parkway and Dallas North Tollway.
b) Quality Level A (QLA) – Also known as “locating”, this quality level provides precise three-
dimensional (x, y, z) information at critical locations by exposing specific utilities. Non-destructive
vacuum excavation equipment is used to expose the utilities at specific points which are then tied
down by survey. For this project, QLA will be provided at up to six (6) test holes at an assumed
depth 8–12 feet located outside of pavement, along the proposed alignment.
Consultant and Sub-consultant will attempt to place the test holes outside the paved areas wherever
possible. However, some test holes may need to be placed in paved areas that may require traffic
control measures to be implemented. Sub-consultant will establish routine/ordinary traffic control
(cones and free-standing signage, etc.) whenever required as part of this scope. If non-routine traffic
control measures are required (barricades, flag person, changeable message board, etc.) these
services will be additional to the contract.
Task 8. BID AND CONSTRUCTION PHASE SERVICES
During the bidding phase, the Town will prepare bid documents, advertise the project for bid, issue addenda,
and tabulate bids. No construction phase services are included in this proposal after completion of the
preconstruction meeting.
a) Provide responses to questions submitted during bidding process (up to 10).
b) Attend pre-bid meeting, if required.
c) Prepare and provide the Town with two (2) addenda to bid documents.
d) Prepare conformed documents as necessary.
e) Attend a pre-construction meeting.
f) Review contractor submittals (up to 4).
g) Refer to III. DELIVERABLES.
Exclusions:
a) Public Meetings.
b) Town Council Coordination and Meetings.
c) Assisting the Town in advertising for bids.
d) Assisting the Town in interpreting bid documents.
e) Evaluation of bidders and preparation of letter of recommendation.
f) Construction observation site visits.
g) Attendance at final walk through and preparation of punch lists.
Task 9. RECORD DRAWINGS
a) Prepare construction “Record Drawings” updating the project plans to reflect any field changes or
plan revisions. Record drawings shall be delivered in a digital format. The drawings shall be 22” x
34” in size and shall bear “Record Drawing” stamp and the seal and signature of the Engineer
along with the date. The drawings shall be produced 1 to 1 as Group 4 TIF files at a minimum
resolution of 200 dots per inch and a maximum resolution of 400 dots per inch. The TIF files shall
be legible and shall include any post processing that may be required to enhance image quality
(i.e., de-speckling, de-shading, de-skewing, etc.). Each file shall be named in numeric order. Digital
design files of the “Record Drawings” shall be submitted either Autodesk Civil 3D (.dwg) or Bentley
(.dgn) format. Digital design files shall be complete and not stripped or purged of any design data
or styles.
b) Refer to III. DELIVERABLES.
Page 39
Item 7.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 14 OF 19
III. DELIVERABLES
Task 1 - Project Management and Coordination Monthly status reports
Task 2 - Survey Services Digital Topographic Drawings
Easement Instruments (18)
Task 3 – Preliminary Design Phase PDF-format of Sanitary Sewer Flows Technical Memorandum
PDF-format of Preliminary Design
Opinion of Probable Construction Cost
Task 4 – Environmental Permitting Ordinary High-water Mark
State Historic Preservation Office Consultation Form
Texas Antiquities Permit Application
Regulatory Summary Letter Report
Task 5 – Final Design Phase PDF-format of Final Design Submittals
Opinion of Probable Construction Cost
DWG-format files of final files
Task 6 – Geotechnical Investigation Engineering Report
Task 7 – Subsurface Utility Engineering Digital Utility Drawings
Test Hole Data Forms
Task 8 – Bid & Construction Phase Services Addenda
Conformed plan sets
Task 11 - Record Drawings One (1) PDF copy of each sheet of the record drawings
One (1) Digital of the record drawings base map in accordance
with the Town of Prosper Requirements for Electronic File
Submission
Page 40
Item 7.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 15 OF 19
EXHIBIT B
COMPENSATION SCHEDULE
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS, AND LOCKWOOD, ANDREWS & NEWNAM, INC.
FOR THE UPPER DOE BRANCH WASTEWATER LINE (TEEL PARKWAY TO PISD STADIUM) (2152-WW)
I. COMPENSATION SCHEDULE
Task Completion
Schedule
Compensation
Schedule
Notice-to-Proceed February 2023
Task 1 - Project Management and Coordination Continuous $19,200
Task 2 - Survey Services April 2023 $78,778
Task 3 - Preliminary Design Phase June 2023 $134,435
Task 4 - Environmental Services June 2023 $24,653
Task 5 - Final Design Phase December 2023 $153,570
Task 6 - Geotechnical Engineering Services July 2023 $35,325
Task 7 - Subsurface Utility Engineering July 2023 $38,040
Task 8 - Bid Phase & Construction Phase Services February 2025 $9,085
Task 9 - Record Drawings April 2025 $6,020
Total Compensation $499,105
II. COMPENSATION SUMMARY
Basic Services (Lump Sum) Amount
Task 1 - Project Management and Coordination $19,200
Task 3 - Preliminary Design Phase $134,435
Task 5 - Final Design Phase $153,570
Total Basic Services: $307,205
Special Services (Hourly Not-to-Exceed) Amount
Task 2 - Survey Services $78,778
Task 4 - Environmental Services $24,653
Task 6 - Geotechnical Engineering Services $35,325
Task 7 - Subsurface Utility Engineering $38,040
Task 8 - Bid Phase & Construction Phase Services $9,085
Task 9 - Record Drawings $6,020
Total Special Services: $191,900
Direct Expenses Amount
None $0
Total Direct Expenses: $0
Page 41
Item 7.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 16 OF 19
EXHIBIT C
INSURANCE REQUIREMENTS
Service provider shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the performance of the work hereunder by the vendor, his
agents, representatives, employees or subcontractors. The cost of such insurance shall be borne by the service provider. A
certificate of insurance meeting all requirements and provisions outlined herein shall be provided to the Town prior to any
services being performed or rendered. Renewal certificates shall also be supplied upon expiration.
A. MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. ISO Form Number GL 00 01 (or similar form) covering Commercial General Liability. “Occurrence” form only,
“claims made” forms are unacceptable, except for professional liability.
2. Workers Compensation insurance as required by the Labor Code of the State of Texas, including Employers’
Liability Insurance.
3. Automobile Liability as required by the State of Texas, covering all owned, hired, or non-owned vehicles.
Automobile Liability is only required if vehicle(s) will be used under this contract.
4. Professional Liability, also known as Errors and Omissions coverage.
B. MINIMUM LIMITS OF INSURANCE
Service Provider shall maintain throughout contract limits not less than:
1. Commercial General Liability: $500,000 per occurrence /$1,000,000 in the aggregate for third party bodily
injury, personal injury and property damage. Policy will include coverage for:
a. Premises / Operations
b. Policy Applicable Contractual Liability
c. Products and Completed Operations
d. Personal Injury
e. Property Damage
2. Workers Compensation and Employer’s Liability: Workers Compensation limits as required by the Labor Code
of the State of Texas and Statutory Employer’s Liability minimum limits of $100,000 each accident, $300,000
Disease- Policy Limit, and $100,000 Disease- Each Employee.
3. Automobile Liability: $500,000 Combined Single Limit. Limits can only be reduced if approved by the Town.
Automobile liability shall apply to all owned, hired, and non-owned autos.
4. Professional Liability aka Errors and Omissions: $500,000 per claim and in the aggregate.
C. DEDUCTIBLES AND SELF-INSURED RETENTIONS
Any deductible or self-insured retentions in excess of $10,000 must be declared to and approved by the Town.
Page 42
Item 7.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 17 OF 19
D. OTHER INSURANCE PROVISIONS
The policies are to contain, or be endorsed to contain the following provisions:
1. General Liability and Automobile Liability Coverages
a. The Town, its officers, officials, employees, boards and commissions and volunteers are to be added
as “Additional Insured’s” relative to liability arising out of activities performed by or on behalf of the
provider, products and completed operations of the provider, premises owned, occupied or used by
the provider. The coverage shall contain no special limitations on the scope of protection afforded to
the Town, its officers, officials, employees or volunteers.
b. The provider’s insurance coverage shall be primary insurance in respects to the Town, its officers,
officials, employees and volunteers. Any insurance or self-insurance maintained by the Town, its
officers, officials, employees or volunteers shall be in excess of the provider’s insurance and shall
not contribute with it.
c. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the
Town, its officers, officials, employees, boards and commissions or volunteers.
d. The provider’s insurance shall apply separately to each insured against whom the claim is made or
suit is brought, except to the insured’s limits of liability.
2. Workers Compensation and Employer’s Liability Coverage:
The insurer shall agree to waive all rights of subrogation against the Town, its officers, officials, employees
and volunteers for losses arising from work performed by the provider for the Town.
3. All Coverages:
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled
or non-renewed by either party, except after 30 days written notice to the Town for all occurrences, except 10
days written notice to the Town for non-payment.
4. Professional Liability and / or Errors and Omissions:
“Claims made” policy is acceptable coverage, which must be maintained during the course of the project, and
up to two (2) years after completion and acceptance of the project by the Town.
E. ACCEPTABILITY OF INSURERS
The Town prefers that Insurance be placed with insurers with an A.M. Best’s rating of no less than A- VI, or better.
F. VERIFICATION OF COVERAGE
Service Provider shall provide the Town with certificates of insurance indicating the coverages required. The certificates
are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of insurance similar
to the ACORD Form are acceptable. Town will not accept Memorandums of Insurance or Binders as proof of insurance.
The Town reserves the right to require complete, certified copies of all required insurance policies at any time.
Certificate holder to be listed as follows: Town of Prosper
P.O. Box 307
Prosper, TX 75078
Page 43
Item 7.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 18 OF 19
EXHIBIT D
CONFLICT OF INTEREST AFFIDAVIT
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS, AND LOCKWOOD, ANDREWS & NEWNAM, INC.
FOR THE UPPER DOE BRANCH WASTEWATER LINE (TEEL PARKWAY TO PISD STADIUM) (2152-WW)
THE STATE OF TEXAS §
§
COUNTY OF ________________ §
I, _________________________, a member of the Consultant team, make this affidavit and hereby on oath state the following:
I, and/or a person or persons related to me, have the following interest in a business entity that would be affected by the work
or decision on the Project (Check all that apply):
_____ Ownership of 10% or more of the voting shares of the business entity.
_____ Ownership of $25,000.00 or more of the fair market value of the business entity.
_____ Funds received from the business entity exceed 10% of my income for the previous year.
_____ Real property is involved, and I have an equitable or legal ownership with a fair market value of at least $25,000.00.
_____ A relative of mine has substantial interest in the business entity or property that would be affected by my decision
of the public body of which I am a member.
_____ Other: _________________________________________________.
___x__ None of the Above.
Upon filing this affidavit with the Town of Prosper, Texas, I further affirm that no relative of mine, in the first degree by
consanguinity or affinity, as defined in Chapter 573 of the Texas Government Code, is a member of the public body which took
action on the agreement.
Signed this ___________________ day of _________________________, 20____.
________________________________
Signature of Official / Title
BEFORE ME, the undersigned authority, this day personally appeared _______________________________________ and
on oath stated that the facts hereinabove stated are true to the best of his / her knowledge or belief.
Sworn to and subscribed before me on this _____ day of ________________________, 20
Notary Public in and for the State of Texas
My Commission expires:
TARRANT
Justin C. Reeves
2nd March 23
Vice President
Justin C. Reeves
2nd March 23.
Marilyn M. Petro
07/05/2024
Page 44
Item 7.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 19 OF 19
EXHIBIT E
CONFLICT OF INTEREST QUESTIONNAIRE
Lockwood, Andrews & Newnam, Inc.
N/A
N/A
N/A
N/A
03/02/2023
Page 45
Item 7.
LOCATION MAP
UPPER DOE BRANCH WASTEWATER LINE (2152 -WW)
Page 46
Item 7.
Page 1 of 2
To: Mayor and Town Council
From: James Edwards, Director of Human Resources
Through: Mario Canizares, Town Manager
Bob Scott Executive Director of Administrative Services
Re: Benefits and Risk Management Consultant
Town Council Meeting – March 14, 2023
Agenda Item:
Consider and act upon awarding RFP No. 2023-09-A for Benefits and Risk Management Consultant
services for the Town of Prosper, effective March 14, 2023, and authorizing the Town Manager to
execute all documents for the same. (JE)
Description of Agenda Item:
The Town of Prosper Human Resources department contracts with a benefits consultant to assist
with the town’s self-insurance fund, ensuring we provide competitive benefits to our employees while
containing costs. RFP No. 2023-09-A for consulting services was issued as the Town’s current
agreement with McGriff, Seibels and Williams expires March 31st, 2023. This RFP includes Risk
Management services for the first time. Historically, the Town was so small that Texas Municipal
League – Intergovernmental Risk Pool (TML-IRP) with a small deductible was the best option. As
the Town has grown, it can afford to self-insure more of its risk and needs a consultant to provide
analysis and recommendations.
Attached is the RFP scoring matrix. Holmes Murphy was competitively priced with three other
vendors. Although not the lowest bid, Holmes Murphy offers the best scope of services and expertise
to the Town of Prosper at an annual cost of $50,000.
Budget Impact:
HR benefits and risk consulting services are budgeted out of account #730-5410-10-00, for an annual
cost of $50,000.
Legal Obligations and Review:
Terrance Welch of Brown & Hofmeister, L.L.P., has approved the Holmes Murphy and Associates
service agreement paperwork as to their form and legality.
Attached Documents:
1. Homes Murphy Service Agreement
2. RFP No. 2023-09-A Analysis
HUMAN RESOURCES
Page 47
Item 8.
Page 2 of 2
Town Staff Recommendation:
Town staff recommends awarding RFP No. 2023-09-A to Holmes Murphy and Associates and
authorizing the Town Manager to execute all documents for the same.
Proposed Motion:
I move to award RFP No. 2023-09-A for benefits and risk consulting services to Holmes Murphy and
Associates and authorize the Town Manager to execute all documents for the same.
Page 48
Item 8.
SERVICES AGREEMENT
This Agreement for Services (“Agreement”) is made the 21st day of February 2023 (“Effective Date”)
between Town of Prosper (“Client”), and Holmes Murphy & Associates, LLC (“Holmes Murphy”), either or
both of which entities may be referred to individually or collectively as “Party” or “Parties”, respectively.
WHEREAS Holmes Murphy provides consulting and brokerage services to clients in the field of health and
welfare benefits; therefore, Client hereby engages in the services of Holmes Murphy, and in consideration
of the promises herein contained.
NOW, THEREFORE, the Parties hereby agree as follows:
I. SCOPE OF SERVICES
Holmes Murphy will provide professional services in the area of health and welfare benefits as outlined in
the Exhibit A attached hereto and hereby incorporated into this Agreement. Holmes Murphy is not
responsible for services offered by a third party regardless of whether the third party was recommended
by Holmes Murphy in their capacity as Broker of Record.
II. SERVICES FEES
Compensation for medical and dental consulting is outlined in Exhibit A. Compensation for non-
medical/dental benefit coverages are paid by the vendor to Holmes Murphy. National Carrier bonus
payments may be paid to Holmes Murphy based on national volume not specific to Client and those
funds are directed to corporate initiatives.
In addition to the consulting fee, Holmes Murphy is eligible to receive commissions from insurance
companies and vendors whose products are utilized by Client. Client will authorize the fees Client pays for
these products. Holmes Murphy must disclose in writing the amount of any such commissions received.
Client will not incur any additional monthly fees after the Agreement is terminated as provided in Section
III, however Holmes Murphy may still receive commissions from insurance companies following
termination of this Agreement. Notwithstanding the foregoing, regardless of termination, in addition to
payment of commissions, fees and other amounts due under this Agreement, Client is responsible for
payment of any sales and use tax due on or with respect to commissions, fees and other amounts payable
this Agreement. Client will pay applicable sales or use tax to Holmes Murphy or the proper tax authority
as required by law.
III. TERM
This Agreement will begin on April 1, 2023 and will continue for a period of one (1) year thereafter (Initial
Term). This Agreement will automatically renew for additional one year terms (each, a Renewal Term).
The Initial Term and Renewal Term are collectively referred to herein as the Term. This Agreement may be
terminated at any time and for any reason by either Party by providing ninety (90) days prior written
notice to the other Party. In the event Client is transitioning health and welfare benefit services to another
provider upon termination, Holmes Murphy shall use all reasonable efforts to share information and
coordinate such transition with the new provider in a professional and workmanlike manner.
DocuSign Envelope ID: C4AD2AA0-5EEF-4C80-95AD-64E8CA5A612C
Page 49
Item 8.
IV. INDEMNIFICATION
To the extent authorized by Texas law, each Party (“Indemnitor”) hereby agrees to indemnify, defend and
hold harmless the other Party (“Indemnitee”), including the Indemnitee’s subsidiaries and affiliates and
their respective officers, directors, employees, agents, successors and assigns, from and against any and
all losses, claims, demands, actions, costs, liabilities, damages, and expenses (including but not limited to
reasonable attorney fees) arising out of or related to (i) the Indemnitor’s performance or failure to
perform any of its obligations under this Agreement, or (ii) any other negligent act or failure to act on the
part of Indemnitor. In no event will either Party be liable for any special, incidental, punitive, indirect or
consequential damages whatsoever arising out of the services, even if the party has been advised of that
possibility. Notwithstanding the foregoing, Holmes Murphy’s total liability under this section shall not
exceed the sum of fees paid by Client or commissions received (excluding any insurance premiums) over
the previous twelve (12) months.
V. REPRESENTATIONS AND WARRANTIES
Each Party represents and warrants to the other Party that: (i) it is duly authorized and licensed to do
business and carry out its obligations under this Agreement; (ii) the making of this Agree ment does not
violate any law, regulation or agreement to which it is a party; (iii) in fulfilling its obligations pursuant to
this Agreement, it will comply with all applicable federal, state and local laws or regulations; (iv) it has full
power and authority to enter into this Agreement and the execution, delivery and performance of this
Agreement has been authorized by all necessary corporate action; (v) it has obtained all third party
consents required to enter into this Agreement and neither the execution, delivery or performance of this
Agreement will conflict with or constitute a breach of its certificate of incorporation, charter or by -laws;
(vi) it has had the opportunity to read this Agreement, has voluntarily entered into this Agreement, and is
fully aware of its terms and conditions. The representations and warranties of this Section shall survive
the termination of this Agreement.
VI. CONFIDENTIALITY
Holmes Murphy acknowledges that during the term of this Agreement, it will have access to or may come
in to possession of various confidential materials of Client, including without limitation: employee
information including name, address, social security number or any other personally identifiable
information; contact information; account information; financial information; and security and operational
procedures and information. Holmes Murphy agrees that it will not divulge any confidential material to
any third party without Client’s prior written consent, provided, however, Holmes Murphy shall be
permitted to divulge confidential material to third parties that are utilized to provide the services to Client .
Holmes Murphy further agrees that all confidential material shall be and remain the property of Client. All
such information in tangible form, including all tools and equipment, shall be returned to Client promptly
upon written request or the termination of the Agreement, and shall not thereafter be retained or used in
any form or manner by Holmes Murphy. Notwithstanding the foregoing, subject to its obligations of
confidentiality, Holmes Murphy may retain one copy of documents containing confidential information
necessary for archival purposes and to defend its work product. This undertaking shall survive any
termination of this Agreement.
DocuSign Envelope ID: C4AD2AA0-5EEF-4C80-95AD-64E8CA5A612C
Page 50
Item 8.
VII. ASSIGNMENT
This Agreement shall be binding upon, and shall inure to the benefit of the Parties, their administrators,
executors, personal representatives, and successors.
VIII. NOTICES
Notices will be effective under this Agreement when in writing and delivered by next-day delivery service
(with proof of delivery) or mailed by certified or registered mail, return receipt requested, to the
appropriate Party below, with a copy to each Party’s respective General Counsel,
Attn: General Counsel Jay Carter, Purchasing Manager
Holmes Murphy & Associates, LLC Town of Prosper
2727 Grand Prairie Parkway Town Hall, 3rd Floor
Waukee, IA 50263 250 W. First Street, PO Box 307
Prosper, TX 75078
or to the person and at the address designated in the future. Notices shall be deemed given on the date
delivered or date of attempted delivery, if service is refused.
IX. SEVERABILITY
In the event any one or more of the provisions of this Agreement is held to be unenforceable or invalid
under applicable law: (i) such unenforceability or invalidity shall not affect any other provision of this
Agreement; (ii) this Agreement shall be construed as if said unenforceable or invalid provision had not
been contained herein; and (iii) the Parties shall negotiate in good faith to replace the unenforceable or
invalid provision by such as has the effect nearest to that of the provision being replaced.
X. CAPTIONS
The captions used in this Agreement are for convenience of reference only and are not to be used in
interpreting the obligations of the Parties under this Agreement.
XI. INDEPENDENT CONTRACTORS
Nothing contained in this Agreement shall create any association, partnership, joint venture or
principal/agent relationship between Client and Holmes Murphy, it being understood that the Parties are,
with respect to each other, independent contractors, and neither Party shall have an authority to bind the
other in any way.
XII. GOVERNING LAW
This Agreement shall be governed by and interpreted in accordance with the substantive laws of the Stat e
of Iowa, without regard to its conflict of law rules.
XIII. WAIVER
The failure to exercise any right under this Agreement shall not be deemed to be a waiver of such right,
and shall not affect the right to enforce each and every right hereof. The waiver of any breach of any
term, provision, covenant or condition herein contained shall not be deemed to be a waiver of any
subsequent, actionable breach.
DocuSign Envelope ID: C4AD2AA0-5EEF-4C80-95AD-64E8CA5A612C
Page 51
Item 8.
XIV. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto constitute the entire understanding between the Parties
concerning the subject matter hereof and supersede all prior discussions, agreements and
representations, whether oral or written. This Agreement or any part or provision hereof shall not be
deemed waived, amended, or modified by either Party unless such waiver, amendment or modification is
in writing and executed by authorized representatives of both Parties.
XV. COUNTERPART EXECUTION
This Agreement may be executed in multiple counterparts, including emailed or telecopied facsimile, each
of which when so executed shall be an original, and all of which shall constitute one and the same
instrument.
DocuSign Envelope ID: C4AD2AA0-5EEF-4C80-95AD-64E8CA5A612C
Page 52
Item 8.
In Witness Whereof, the Parties have caused their duly authorized representatives to execute this
Agreement as of the day and year first above written.
AGREED:
Client: Town of Prosper Holmes Murphy & Associates, LLC
By: _______________________________________ By: ___________________________________________
Name: ____________________________________
Date: _____________________________________
Name: ____Charisse Vaughn___________________
Date: ______2/21/2023_______________________
Title: _____________________________________ Title: _______Senior Vice President___________
DocuSign Envelope ID: C4AD2AA0-5EEF-4C80-95AD-64E8CA5A612C
Page 53
Item 8.
Exhibit A – Scope of Services
1. Client management and Consulting Services
Facilitate initial client onboarding: Core Beliefs Exercise
Develop an annual set of milestones/project plans and deliverables based on scope of
service offered.
Provide all guidance on all aspects of the employee benefit portfolio including plan
design and contribution strategies.
Conduct semi-annual strategic meetings.
Facilitate pre-renewal strategic meetings to discuss objectives, expected financial impacts,
and desired outcomes.
Manage and oversee day-to-day interactions with client vendor partners.
Provide HR team support for management of benefit plans and programs.
Provide nationally and regionally validated sources for benchmarking related to health
and welfare programs.
Provide general education and consulting.
2. Marketing Services (New Clients/Renewals)
Facilitate the Request for Proposal (RFP) process requesting proposals, pricing, and
specific benefit detail for insurance products to which we are appointed. In scope services
encompass general insurance products and administration of insurance products only.
Evaluate provider networks which include provider discounts, access, service level, and
potential disruption to the Town.
Conduct vendor negotiations and oversee finalist presentations.
3. Employee Communication Services
Develop enrollment communication calendar and timeline.
Create enrollment communications using our proprietary templates to educate and
engage employees. These items can include postcards, posters, announcement emails,
newsletters, benefits enrollment guides, and required notices. To meet deadlines, a
maximum of two edits is requested. If multiple iterations are required, an additional fee
may apply.
Prepare, strategize, and facilitate virtual Open Enrollment meetings.
Evaluate and provide feedback on communication tools and materials included in carrier
contracts, such as plan selection tools, wellness newsletters, etc.
Provide templates for monthly employee benefits and wellness newsletters/emails.
Create and administer benefit satisfaction surveys.
DocuSign Envelope ID: C4AD2AA0-5EEF-4C80-95AD-64E8CA5A612C
Page 54
Item 8.
4. Compliance Services
Generate a proprietary Compliance Scorecard, which provides insight into areas that may
need further attention.
Develop a plan of action to address any Compliance Scorecard items of concern.
Provide access to in-house compliance resources for routine questions and inquiries.
Provide on-going webinar and in-person education opportunities.
Provide access to online benefits and human resources portal containing compliance
tools and resources.
Provide timely updates on compliance-related alerts via email.
Prepare compliance required notices in electronic format.
Recommend and assist with the implementation of vendor partners that facilitate
compliance-related administration such as Leave of Absence administration, and ACA
(Affordable Care Act) requirements. The costs of these services are not included in our
scope of services.
5. Financial/Reporting/Data Analysis
Collect carrier and vendor claims, utilization, and cost data to provide financial reporting
and analysis. Self-funded clients will receive this financial reporting monthly.
Prepare routine evaluations of the financial performance of benefit programs for which
Holmes Murphy has been appointed.
Develop budgets using Holmes Murphy proprietary and actuarially validated budget and
modeling tools, including and analysis of contribution strategies and plan design
strategies.
Assist in risk levels and provide stop loss modeling when appropriate.
Proprietary Clinical Learning and Understanding Engine (CLUE) reporting when minimum
employee lives, and revenue are met.
6. Pharmacy Strategy Consulting
Consult on evaluation and marketing of carve-out pharmacy solutions.
Facilitate formulary & prescription disruption analysis.
Represent client through negotiation of discounts off AWP, Rebates, Administrative fees,
performance guarantees, and overall contract improvements.
Assist with new PBM installation/implementation support.
Review PBM contracts, policies, Summary Plan Descriptions (SPDs), and Summary of
Benefit Coverage (SBC’s) for accuracy and consistency with the terms of the coverage
sold.
DocuSign Envelope ID: C4AD2AA0-5EEF-4C80-95AD-64E8CA5A612C
Page 55
Item 8.
7. Clinical/Wellbeing Services
Consult on evaluation, implementation, and management of clinical and wellbeing
solutions to meet client benefit portfolio goals.
Develop, with client team, a Disease-Specific Battle Plan to address current and future
member health risks based on utilization and disease states.
Manage and oversee day-to-day interactions with client’s clinical and wellbeing vendor
partners.
8. Additional Services not in scope
Language translation, printing, postage, and document delivery expenses.
Custom employee communication materials, including stock video libraries, custom
videos, microsites, benefit apps, enrollment decision support tools, etc.
Plan document and SPD creation.
Compliance-related deliverables such as: Non-discrimination testing, ACA Section 6055
and 6056 reporting.
Partner/vendor file feed charges.
Employee compensation/total rewards statements.
Consult on evaluation, implementation, and management of clinical and wellbeing
solutions to meet client benefit portfolio goals.
9. Value-Added Services
Clinical Plan review and Data Warehouse services through Holmes Murphy’s Clinical
Learning and Understanding Engine (C.L.U.E.). We will compare the clinical and disease
states of the Town’s population in comparison to normative and best practice plans so
that the Town can better understand where gaps currently exist, along with the
recommended programs and strategies to close those gaps.
Texas Municipal Medical Plan Benchmark. This benchmark includes 130 plans from 60
Texas Municipalities so that the Town can understand where your plans rank to other
similar Employers that you are competing against for your talent. This will be provided to
the Town at no additional cost.
10. Cost Control Services
Holmes Murphy will review the existing programs and will provide detailed costs
estimates associated with changes to the current benefit programs based on affordability
and best-fit for your employees for the following programs: Tax-advantage programs,
Innovative RX plan designs, Clinical Wellness Programs, Employee Nurse Programs,
Value-based Plan Designs, Contractual Discount Analysis, and Funding Alternatives.
DocuSign Envelope ID: C4AD2AA0-5EEF-4C80-95AD-64E8CA5A612C
Page 56
Item 8.
11. Quality Assurance
Holmes Murphy will establish an agreed upon scope of services on an annual basis aft er
discussion with the Town, its leaders, and our team. At the end of the plan year, we will
produce a Stewardship Report that reviews the agreed upon scope of service and provide
insights into the services delivered including financial savings and overall performance.
The Holmes Murphy team assigned will internally utilize our Client Retention Tool to
evaluate our ongoing service to the Town. This tool will allow the team to monitor project
timelines, key deliverables, upcoming meetings, and deadlines.
12. Price Quote
We propose to provide the full scope of services as outlined in this proposal for a fee of:
Fee Description: Employee Benefit Consulting based on current size and headcount; a compensation
amount of $50,000 plus standard commissions already built into select coverages.
Fees that fall outside of the scope of services proposed include the following:
Printing costs associated with employee communication materials and fulfillment. (Note: Our
communications team designs the materials customized to the Town and then furnishes the digital file for
you to print in-house or through your own print provider if necessary)
Clinical data warehouse and analytics file feeds charges. (These charges are often one -time or as a pass-
through charge to the Town’s medical/pharmacy carriers.) These charges enable a carrier’s EDI file feed to
interface with our data warehouse and analytics platform.
Wrap Plan & Summary Plan Document creation, if needed and not funded by the Town’s vendors.
Use of Benefit Technology Resources (BTR) for special projects and RFPs, if needed.
You have our commitment that in the event there are services needed that fall outside of our agreement,
Holmes Murphy will never invoice you without first obtaining consent based upon an agreed upon fee. In
this way, we avoid having any surprises that are not pre-approved.
DocuSign Envelope ID: C4AD2AA0-5EEF-4C80-95AD-64E8CA5A612C
Page 57
Item 8.
EVALUATION CRITERIA WEIGHTING POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
Presentation of Firm and Scope of Services Offered 40%4.25 1.70 7.00 2.80 10.00 4.00 8.50 3.40 4.25 1.70 4.50 1.80 8.00 3.20
Qualifications of Project Personnel 25%4.25 1.06 7.25 1.81 10.00 2.50 9.00 2.25 5.25 1.31 5.50 1.38 9.00 2.25
References 10%5.00 0.50 6.00 0.60 9.00 0.90 9.00 0.90 6.00 0.60 4.00 0.40 9.00 0.90
Cost Proposal 25%5.00 1.25 10.00 2.50 9.00 2.25 6.98 1.74 4.09 1.02 2.68 0.67 9.68 2.42
TOTAL 100%4.51 7.71 9.65 8.29 4.64 4.24 8.77
McGriff, Seibels and
Williams
Marsh & McLennan
Agency (Marsh USA)
RFP NO. 2023-09-A
BENEFITS AND RISK CONSULTANT
EVALUATION MATRIX Digital Insurance LLC Gallagher Benefit
Services
Holmes Murphy &
Associates
HUB International IMA Financial Group
Page 58
Item 8.
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Engineering Services
Through: Mario Canizares, Town Manager
Chuck Ewings, Executive Director of Development and Infrastructure Services
Re: Eminent Domain Authorization Resolution - LPP Water Line, Phase 2A
Town Council Meeting – March 14, 2023
Agenda Item:
Consider and act upon a Resolution of the Town Council of the Town of Prosper, Texas, declaring
the public necessity to acquire certain water line easements and temporary construction easements
for the construction of the Town’s Lower Pressure Plane Water Line Phase 2A project; determining
the public use and necessity for such acquisition; authorizing the acquisition of property rights
necessary for said Project; appointing an appraiser and negotiator as necessary; authorizing the
Town Manager to establish just compensation for the property rights to be acquired; authorizing the
Town Manager to take all steps necessary to acquire the needed property rights in compliance with
all applicable laws and resolutions; and authorizing the Town Attorney to institute condemnation
proceedings to acquire the property rights if purchase negotiations are not successful.
Description of Agenda Item:
The Town is in the process of developing engineering plans for the construction of the Lower
Pressure Plane Water Line Phase 2A project. To facilitate the construction of the project, it is
necessary for the Town to acquire certain water line easements and temporary construction
easements. The location of which is generally set forth in the attached Resolution. The Location Map
included with the Resolution depict the eleven (11) properties currently known to be affected. As with
other similar water line construction projects, it is not anticipated that all easements will require the
use of eminent domain to complete the acquisition process, however, staff is requesting advance
authorization to pursue acquisition by eminent domain if standard negotiations are unsuccessful.
Under the Property Code, water, wastewater, flood control and drainage projects are treated
differently than other public uses in two ways:
First, the Town is not required to identify the specific parcels or tracts of properties that the Town
will condemn. The Town is allowed to adopt a condemnation ordinance, resolution or order that
will “identify the general area to be covered by the project or the general route that will be used
by the governmental entity for the project in a way that provides property owners in and around
the area or along the route reasonable notice that the owners’ properties may be subject to
condemnation proceedings during the planning or construction of the project.” Tex. Gov’t Code
Ann. §§ 2206.053(g).
ENGINEERING
SERVICES
Page 59
Item 9.
Page 2 of 2
What this means is that for these covered projects, the Town may use a route map or other general
diagram that gives fair notice that an owner’s property may be condemned for a water line, sewer
line, flowage easement or drainage easement, even if the precise location of the planned public
improvement has not been determined.
Second, the law allows the Town, for those projects which require multiple tracts of land for water
lines, sewer lines, flowage easements and drainage easements, to adopt one ordinance or
resolution for the project that “delegates the authority to initiate condemnation proceedings to the
chief administrative official of the governmental entity.” Tex. Gov’t Code Ann. §§ 2206.053(f).
Utilization of this provision of the law allows the Town Manager, and presumably his/her designee,
to authorize condemnation once the precise metes and bounds of the parcels needed for the project
are determined by the engineers without having to go back to the Town Council again for additional
authorization.
Attached Documents:
1. Resolution
2. Location Map
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Resolution as to form and legality.
Town Staff Recommendation:
Town Staff recommends that the Town Council of the Town of Prosper, Texas, approve the attached
Resolution declaring the necessity to acquire certain water line easements and temporary
construction easements for the construction of the Town’s Lower Pressure Plane Water Line Phase
2A project; determining the public use and necessity for such acquisition; authorizing the acquisition
of property rights necessary for said Project; appointing an appraiser and negotiator as necessary;
authorizing the Town Manager to establish just compensation for the property rights to be acquired;
authorizing the Town Manager to take all steps necessary to acquire the needed property rights in
compliance with all applicable laws and resolutions; and authorizing the Town Attorney to institute
condemnation proceedings to acquire the property rights if purchase negotiations are not successful.
Proposed Motion:
I move that the Town Council of the Town of Prosper, Texas, approve the attached Resolution
declaring the necessity to acquire certain water line easements and temporary construction
easements for the construction of the Town’s Lower Pressure Plane Water Line Phase 2A project;
determining the public use and necessity for such acquisition; authorizing the acquisition of property
rights necessary for said Project; appointing an appraiser and negotiator as necessary; authorizing
the Town Manager to establish just compensation for the property rights to be acquired; authorizing
the Town Manager to take all steps necessary to acquire the needed property rights in compliance
with all applicable laws and resolutions; and authorizing the Town Attorney to institute condemnation
proceedings to acquire the property rights if purchase negotiations are not successful.
Please note: Pursuant to Section 2206.053(c) of the Texas Government Code, if two (2) or
more councilmembers object to adopting this single Resolution for all the properties
referenced therein, a separate record vote must be taken for each unit of property.
This item requires a roll call vote.
Page 60
Item 9.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 2023-__
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, DECLARING THE PUBLIC NECESSITY TO ACQUIRE CERTAIN
WATER LINE EASEMENTS AND TEMPORARY CONSTRUCTION
EASEMENTS FOR THE CONSTRUCTION OF THE TOWN’S LOWER
PRESSURE PLANE WATER LINE PHASE 2A PROJECT; DETERMINING THE
PUBLIC USE AND NECESSITY FOR SUCH ACQUISITION; AUTHORIZING
THE ACQUISITION OF PROPERTY RIGHTS NECESSARY FOR SAID
PROJECT; APPOINTING AN APPRAISER AND NEGOTIATOR AS
NECESSARY; AUTHORIZING THE TOWN MANAGER OF THE TOWN OF
PROSPER, TEXAS, TO ESTABLISH JUST COMPENSATION FOR THE
PROPERTY RIGHTS TO BE ACQUIRED; AUTHORIZING THE TOWN
MANAGER TO TAKE ALL STEPS NECESSARY TO ACQUIRE THE NEEDED
PROPERTY RIGHTS IN COMPLIANCE WITH ALL APPLICABLE LAWS AND
RESOLUTIONS; AND AUTHORIZING THE TOWN ATTORNEY TO INSTITUTE
CONDEMNATION PROCEEDINGS TO ACQUIRE THE PROPERTY RIGHTS IF
PURCHASE NEGOTIATIONS ARE NOT SUCCESSFUL; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), has
determined that there exists a public necessity to acquire permanent water line easements and
temporary construction easements from properties located from approximately Coit Road and
heading easterly to an existing water line located west of the Town’s Custer Road Pump Station
for the construction of the Town’s Lower Pressure Plane Water Line Phase 2A project (“Project”),
the location of which water line and temporary construction easements is generally set forth in
the location map exhibit attached to this resolution; and
WHEREAS, the Town Council desires to acquire the permanent water line easements
and temporary construction easements (hereinafter referred to as “Required Easements”), as
more particularly reflected in the location map exhibit attached to this Resolution, for this
governmental public use and public necessity in conjunction with the Project; and
WHEREAS, the Town Council desires that the Town Manager, or his designee, take all
necessary steps to acquire the Required Easements for the Project including, but not limited to,
the retention of appraisers, engineers, and other consultants and experts, and that the Town
Attorney, or his designee, negotiate the purchase of the Required Easements for the Project, and
if unsuccessful in purchasing the Required Easements for the Project, to institute condemnation
proceedings to acquire the Required Easements.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All of the above premises are hereby found to be true and correct legislative and factual
findings of the Town of Prosper, Texas, and they are hereby approved and incorporated into the
body of this Resolution as if copied in their entirety.
Page 61
Item 9.
Resolution No. 2023-___: Page 2
SECTION 2
The Town Council hereby finds and determines that a public use and necessity exists for
the Town of Prosper, Texas, to acquire the Required Easements for the Project, in the locations
generally shown in the location map exhibit attached hereto,
SECTION 3
The Town Manager, or his designee, is authorized and directed to negotiate for and to
acquire the Required Easements for the Project, for the Town of Prosper, Texas, and to acquire
said rights in compliance with State and Federal law. The Town Manager is specifically authorized
and directed to do each and every act necessary to acquire the Required Easements for the
Project including, but not limited to, the authority to negotiate, give notices, make written offers to
purchase, prepare contracts, to retain and designate a qualified appraiser of the property interests
to be acquired, as well as any other experts or consultants that he deems necessary for the
acquisition process and, if necessary, to institute proceedings in eminent domain.
SECTION 4
The Town Manager, or any individual he may so designate, is appointed as negotiator for
the acquisition of the Required Easements for the Project, and, as such, the Town Manager is
authorized and directed to do each and every act and deed hereinabove specified or authorized
by reference, subject to the availability of funds appropriated by the Town Council for such
purpose. The Town Manager is specifically authorized to establish the just compensation for the
acquisition of the Required Easements. If the Town Manager or his designee determines that an
agreement as to damages or compensation cannot be reached, then the Town Attorney or his
designee is hereby authorized and directed to file, or cause to be filed, against the owners and
interested parties of the Required Easements, proceedings in eminent domain to acquire the
Required Easements for the Project.
SECTION 5
This Resolution is effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, BY A VOTE OF ___ TO ___ON THIS THE 14TH DAY OF MARCH, 2023.
___________________________________
David F. Bristol, Mayor
ATTEST:
_________________________________
Michelle Lewis Sirianni, Town Secretary
Page 62
Item 9.
Resolution No. 2023-___: Page 3
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 63
Item 9.
EXHIBIT 1
Page 64
Item 9.
Lower Pressure Plane Water Line Easement Acquisition
Overall Location Map
Parcel Number # PARCEL # OWNER
1 310 PROSPER, LP
2 PROSPER ISD
3 PROSPER ISD
4 PROSPER ISD
5 55 PROSPER, LP
6A & 6B PROSPER FOUR FRIENDS GROUP, LLC
PARCEL # OWNER
7 SANSKRITI UNO, LLC
8 UNITED SUPERMARKETS, LLC C/O ALBERTSON’S , LLC
9 NADG/SHOP PROSPER, LP
10 NADG/SHOP PROSPER, LP
11 380 PROFESSIONALPARK, LP
Page 65
Item 9.