12.13.2011 Town Council PacketPage 1 of 3
]
1. Call to Order / Roll Call
2. Invocation, Pledge of Allegiance, and Pledge to the Texas Flag
3. Announcements of dates and times of upcoming community events
4. CONSENT AGENDA
(Items placed on the Consent Agenda are considered routine in nature and are considered non-
controversial. The Consent Agenda can be acted upon in one motion. A majority vote of the Council
is required to remove any item for discussion and separate action. Council members may vote nay on
any single item without comment and may submit written comments as part of the official record.)
MINUTES, RESOLUTIONS AND OTHER ITEMS
4a. Consider and act upon minutes from the following Council meeting(s) (AP)
• November 8, 2011 – Regular Town Council Meeting
• November 16, 2011 – Special Called Town Council Meeting
4b. Consider and act upon the October 2011 monthly financial statements. (MG)
4c. Consider and act upon the Quarterly Investment Portfolio for the period ending September 30,
2011. (MG)
4d. Consider and act upon Resolution No. 11-66 approving an Interlocal Agreement with
Region 8 Education Service Center, which sponsors the Interlocal Purchasing System
(TIPS/TAPS), providing a purchasing program for goods and services. (MG)
4e. Consider and act upon Ordinance No. 11-73 granting a Specific Use Permit (SUP) for a
concrete batch plant, on 5.0± acres, located on the west side of Dallas Parkway, 900± feet
south of First Street. The property is zoned Planned Development-19-Commercial Corridor.
(PD-19-CC). (S11-0001). (CC)
4f. Consider and act upon Ordinance No. 11-74 amending Chapter 4, Section 6.2(A)(8) (Outdoor
Lighting) of the Town’s Zoning Ordinance. (Z11-0010). (CC)
4g. Consider and act upon 1) an Escrow Agreement between the Town of Prosper and Prosper
Independent School District related to the future construction of improvements on Coleman
Street, Frontier Parkway and the future North-South Collector adjacent to the High School
Property and 2) Resolution No. 11-67 authorizing the Town Manager to execute the same.
(HW)
AGENDA
Regular Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, December 13, 2011 at 6:00 p.m.
Page 2 of 3
4h. Consider and act upon Ordinance No. 11-57 adopting the Drought Contingency Plan. (FJ)
4i. Consider and act upon 1) a professional services agreement between the Town of Prosper and
Jacobs Engineering for the layout and grading plan for the Frontier Park Improvements and 2)
Resolution No. 11-72 authorizing the Town Manager to execute the same. (WH)
5. CITIZEN’S 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 Comments Form” and
present it to the Town Secretary prior to the meeting.)
Other Comments by the Public
REGULAR AGENDA
(If you wish to address the Council during the regular agenda portion of the meeting, please fill out a
“Speaker Request Form” and present it to the Town Secretary prior to the meeting. Citizens wishing
to address the Council for items listed as public hearings will be recognized by the Mayor.
Those wishing to speak on a non-public hearing related item will be recognized on a case-by-case
basis, at the discretion of the Mayor and Town Council.)
DEPARTMENT RELATED ITEMS
6. Discuss and provide direction concerning park land dedication and park improvement fee
requirements for a portion of the Brookhollow development. (HW)
7. Consider and act upon Ordinance No. 11-75 adopting the Public Works Fee Schedule. (FJ)
8. Consider and act upon 1) an award of bid to W. Brown Enterprises, Inc., 2) enter into a contract
agreement with W. Brown Enterprises, Inc., regarding the construction services for the Wilson Creek
Sewer Interceptor Project and 3) adopt Resolution No. 11-68 authorizing the Town Manager to
execute the same. (MB)
9. Consider and act upon Change Order #3 to RLK Engineering, Inc, for the First Street Improvements
(Preston Road to Coit Road) and Coit Road Improvements (First Street to US 380). (MB)
10. Consider and act upon 1) an Engineering Design Services Agreement between the Town of Prosper
and Freese and Nichols, Inc., for the Custer Road Pump Station Improvements Project and 2)
Resolution No. 11-69 authorizing the Town Manager to execute the same. (HW)
11. Consider and act upon 1) an Engineering Design Services Agreement between the Town of Prosper
and Freese and Nichols, Inc., for the 2nd Upper Plane 30/24-Inch Treated Waterline Pipeline Project
and 2) Resolution No. 11-70 authorizing the Town Manager to execute the same. (HW)
12. Consider and act upon 1) a professional services agreement between the Town of Prosper and Brown
Reynolds Watford Inc., for the design of the parks maintenance building and 2) Resolution No. 11-71
authorizing the Town Manager to execute the same. (HW)
13. Consider and act upon the construction of exercise stations in Frontier Park. (WH)
Page 3 of 3
14. EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to
wit; and Section 551.071 Meeting with City Attorney regarding a matter(s) in which the duty of the
City Attorney under the Texas Disciplinary rules of Professional Conduct of the State Bar of Texas
conflicts with the Open Meetings Act regarding:
14a. Section 551.071. Consultation with Town Attorney regarding Legal issues relating to the First
Street/Coit Road Improvement projects.
14b. Section 551.071. Consultation with Town Attorney regarding agreement between the Town of
Prosper and 166 Bryan Road Partners, LP for the Reduction of the Extraterritorial
Jurisdiction of the Town of Prosper including a Strategic Partnership Agreement between the
Town of Prosper and Denton County Fresh Water District No. 10.
14c. Section 551.087. To deliberate regarding Economic Development Incentive for properties located
south of Fishtrap/First St., west of Coit Rd., east of FM 1385 and north of Highway 380.
14d. To reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
15. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
16. Adjourn
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the inside window at the Town Hall of the Town of Prosper, Texas, a place
convenient and readily accessible to the general public at all times, and said notice was posted at least 72 hours before said meeting was convened.
_________________________________ ________________ ____________________
Amy Piukana, TRMC
Town Secretary Date Notice Posted Date Noticed Removed
In addition to any specifically identified Executive Sessions, Council may convene into Executive Session under Section 551 of the Texas Government Code at any
point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open.
Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action, as a result of this
Executive Session, will be taken and recorded in open session.
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council Meetings are wheelchair accessible. Persons with disabilities who plan to
attend this meeting and who may need auxiliary aids or services such as Interpreters for persons who are deaf or hearing impaired, readers, or large print, are
requested to contact the Town Secretary’s Office at (972) 569-1013. BRAILLE IS NOT AVAILABLE.
Page 1 of 5
]
Prosper is a place where everyone matters.
1. Call to Order / Roll Call.
Mayor Smith called the meeting to order at 6:02 p.m.
Council present included: Mayor Ray Smith, Mayor Pro-Tem Kenneth Dugger, Deputy Mayor
Pro-Tem Meigs Miller, Danny Wilson, Curry Vogelsang Jr. and Jason Dixon.
Council Member(s) absent: and Dave Benefield.
Staff present included: Mike Land, Town Manager; Amy Piukana, Town Secretary; Hulon
Webb, Director of Development Services; Chris Copple, Planning & Zoning Manager;
Matthew Garrett, Finance Director.
2. Invocation, Pledge of Allegiance, and Pledge to the Texas Flag.
The invocation was given by Deputy Mayor Pro Tem Miller. The pledge of allegiance and
pledge to the Texas Flag was given.
3. Announcements of dates and times of upcoming community events – Mayor Pro Tem Dugger
announced the Prosper Library is holding an open house on November 19th and Tory Hunter
will be signing autographs from 10:30 a.m. - 2:30 pm. He also announced that Prosper
Veteran’s Day Salute is set for Thursday, November 10, 2011 at the Prosper ISD
Administration Building beginning at 7 p.m.
4. Library presentation of Needs Assessment – Library Board President Jerald Killion recognized
Librarian Linda Shaw, Stacy Cameron, Craig Moody and Town Manager Mike Land for their
service on the Prosper Library Board. Next he introduced Steve Brown with Stewart Brown
Library Consulting who reviewed the Prosper Community Library Needs Assessment. He
proposed the following benchmarks for Prosper: The Collection size or value of resources to
the community, increased reader seating, more public access computers and the need for a
meeting space. He recommended that Council consider phases of future Library projects. He
noted the following steps need to be taken to improve Library Service: (1) Seek a new
temporary location with room to grow, (2) Purchase and install a small library automation
system, (3) Identify and acquire a site for the Library, and (4) Develop a detailed building
program.
Council skipped to Agenda Item 11.
Mayor Pro Tem Dugger made a motion to recess into Executive Session at 6:22 p.m. Motion
seconded by Council Member Wilson. Motion approved by 6-0.
MINUTES
Regular Meeting of the Prosper Town Council
Town of Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, November 8, 2011 at 6:00 p.m.
Page 2 of 5
EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government
Code, to wit; and Section 551.071 Meeting with City Attorney regarding a matter(s) in which
the duty of the City Attorney under the Texas Disciplinary rules of Professional Conduct of the
State Bar of Texas conflicts with the Open Meetings Act regarding:
11a. Section 551.071. Consultation with Town Attorney regarding Legal issues relating to the
First Street/Coit Road Improvement projects.
11b. Section 551.071. Consultation with Town Attorney regarding agreement between the Town
of Prosper and 166 Bryan Road Partners, LP for the Reduction of the Extraterritorial Jurisdiction
of the Town of Prosper including a Strategic Partnership Agreement between the Town of Prosper
and Denton County Fresh Water District No. 10.
Deputy Mayor Pro Tem Miller made a motion to reconvene into Regular Session at 6:55 p.m.
Motion seconded by Council Member Vogelsang. Motion approved by vote of 6-0.
5. CONSENT AGENDA
(Items placed on the Consent Agenda are considered routine in nature and are considered non-
controversial. The Consent Agenda can be acted upon in one motion. A majority vote of the
Council is required to remove any item for discussion and separate action. Council members
may vote nay on any single item without comment and may submit written comments as part of
the official record.)
Council Member Dixon made a motion to pull Item 5b off the Consent Agenda. Motion
seconded by Mayor Smith. Motion approved by vote of 6-0.
Council Member Dixon made a motion to pull Agenda Item 5b. off the Consent Agenda.
Motion seconded by Mayor Smith. Motion approved by vote of 6-0.
MINUTES, RESOLUTIONS AND OTHER ITEMS
5a. Consider and act upon minutes from the following Council meeting (AP)
• October 25, 2011 – Regular Town Council Meeting
• November 1, 2011 – Work Session Meeting
Mayor Pro Tem Dugger made a motion to approve Agenda Item 5a, as presented. Motion
seconded by Council Member Dixon. Motion approved by vote of 6-0.
5b. Consider and act on Ordinance No. 11-72 setting the speed limit on University Drive
between FM 1385 and Custer Road as requested by Texas Department of Transportation.(KM)
Police Chief Kirk McFarlin briefed Council regarding Ordinance No. 11-72. He noted that
the Texas Department of Transportation has requested the Town pass an Ordinance
lowering the speed limit on westbound US 380 based on a TXDOT speed study and
vehicle crash data collected from McKinney, Frisco and Prosper. He noted the recommended
speed limits are 60 miles per hour between FM 1385 and Redbud and 55 miles per hour
between Redbud and Custer Road.
Page 3 of 5
After discussion, Mayor Pro Tem Dugger made a motion to adopt Ordinance No. 11-72 setting
the speed limit on US 380 between FM 1385 and Custer Road as requested by Texas
Department of Transportation. Motion seconded by Council Member Dixon. Motion approved
by vote of 5-1, Council Member Dixon voting against.
6. CITIZEN’S 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
Comments Form” and present it to the Town Secretary prior to the meeting.)
Other Comments by the Public- There were no citizens present that wished to speak.
REGULAR AGENDA
(If you wish to address the Council during the regular agenda portion of the meeting, please fill
out a “Speaker Request Form” and present it to the Town Secretary prior to the meeting.
Citizens wishing to address the Council for items listed as public hearings will be recognized
by the Mayor. Those wishing to speak on a non-public hearing related item will be recognized
on a case-by- case basis, at the discretion of the Mayor and Town Council.)
PUBLIC HEARING & DEPARTMENT RELATED ITEMS
7. A public hearing to consider and act upon a request for a Specific Use Permit (SUP) for a
concrete batch plant, on 5.0± acres, located on the west side of Dallas Parkway, 900± feet south
of First Street. The property is zoned Planned Development-19-Commercial Corridor. (PD-19-
CC). (S11-0001). (CC) Planning and Zoning Manager Chris Copple briefed Council
regarding the Specific Use Permit. Mr. Copple noted that the Planning and Zoning
Commission recommendation from the October 18, 2011 meeting was to approve a request for
SUP for a Concrete Batching Plant subject to the SUP expires two years after the adoption of
the Ordinance.
Council Member Wilson made a motion to open the Public Hearing. Motion seconded by
Council Member Vogelsang. Motion approved by vote of 6-0.
Eric Philpot representing Nelson Brothers Ready Mix briefed Council regarding the SUP
request. He explained that the sales tax from the Prosper billing office will benefit the Town’s
sales tax and asked for a 10 year SUP permit.
Mayor Pro Tem Dugger made a motion to close the public hearing. Motion seconded by
Council Member Wilson. Motion approved by vote of 6-0.
After discussion, Council Member Vogelsang made a motion to approve the request for a
Specific Use Permit for a Concrete Batching Plant on 5 acres located on the west side of Dallas
Parkway, 900 feet south of First Street, subject to: (1) The SUP expires two years after the
adoption of the Ordinance. The applicant may seek a renewal term to the SUP in order to
continue the Concrete Batching Plant use. (2) An onsite billing office is required to continue
the Concrete Batching Plant use. All concrete deliveries from the physical Prosper location
shall be billed as taxable to the Town of Prosper. (3) Town of Prosper reserves the right to
audit books to ensure that Prosper is the primary HUB for tax revenue and upon inspections,
Page 4 of 5
if there are any failures to correct errors; Town of Prosper reserves the right to revoke the
SUP permit. Motion seconded by Deputy Mayor Pro Tem Miller. Motion approved by vote of
6-0.
8. A public hearing to consider and act upon a request to amend Chapter 4, Section 6.2(A)(8)
(Outdoor Lighting) of the Town’s Zoning Ordinance. (Z11-0010). (CC) Planning and Zoning
Manager Chris Copple briefed Council regarding the proposed amendment. He noted that to
improve public safety, the amendment will require any open areas used for motor vehicle
parking, storage or access to be illuminated.
Mayor Pro Tem Dugger made a motion to open the Public Hearing. Motion seconded by
Council Member Wilson. Motion approved by vote of 6-0.
There was no one present to speak in support and/or opposition. Council Member Dixon made
a motion to close the public hearing. Motion seconded by Mayor Pro Tem Dugger. Motion
approved by vote of 6-0.
Council Member Dixon made a motion to approve Amendment to Chapter 4, as presented.
Motion seconded by Council Member Wilson. Motion approved by vote of 6-0.
9. Consider and act upon Ordinance No. 11-71 adopting land use assumptions and a capital
improvements plan and establishing impact fees for water, wastewater, and roadways. (CC)
Planning and Zoning Manager Chris Copple briefed Council regarding the proposed Ordinance
noting Council held a Work Session to discuss and provide direction of creating an Ordinance.
Council Member Dixon made a motion to approve Ordinance No. 11-71 as presented, adopting
the land use assumptions and a capital improvements plan and establishing impact fees for
water, wastewater, and roadways as submitted. Motion seconded by Council Member
Vogelsang. Motion approved by vote of 6-0.
10. Consider and act upon 1) an award of bid to Tiseo Paving Co., 2) enter into a contract
agreement with Tiseo Paving Co., regarding the construction services for the First Street (Craig
Street to Coit Road) and Coit Road (US 380 to First Street) Improvements Project and 3) adopt
Resolution No. 11-65 authorizing the Town Manager to execute the same. (MB) Development
Director Hulon Webb briefed Council regarding the award of bid. He noted the construction
contract is $7,649,978.00 and will be funded from the 2008 CO Bonds and that the town will
receive reimbursement in the amount of $2,659,575.00 of the actual construction costs and
design costs as a result of the 2007 Collin County Transportation Bonds.
Council Member Wilson made a motion to approve the bid to Tiseo Paving Co., in the amount
of $7,649,978.00, and to enter into a contract agreement with Tiseo Paving Co., regarding the
construction services for the First Street (Craig Street to Coit Road) and Coit Road (US 380 to
First Street) Improvements Project and approve Resolution No. 11-65 authorizing the Town
Manager to execute the same. Motion seconded by Deputy Mayor Pro Tem Miller. Motion
approved by vote of 6-0.
Page 5 of 5
Mayor Pro Tem Dugger made a motion to recess into Executive Session at 7:53 p.m. Motion
seconded by Council Member Vogelsang. Motion approved by vote of 6-0.
11. EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government
Code, to wit; and Section 551.071 Meeting with City Attorney regarding a matter(s) in which
the duty of the City Attorney under the Texas Disciplinary rules of Professional Conduct of the
State Bar of Texas conflicts with the Open Meetings Act regarding:
11c. Section 551.087. To deliberate regarding Economic Development Incentive for properties
located south of Fishtrap/First St., west of Coit Rd., east of FM 1385 and north of Highway 380.
11d. Section 551.072. To deliberate the purchase, exchange, lease, or value of real properties
located south of Prosper Trail, west of Custer, east of the Dallas North Tollway and north of
Highway 380.
To reconvene in Regular Session and take any action necessary as a result of the Closed
Session. Mayor Pro Tem Dugger made a motion to reconvene into regular session at 9:08 p.m.
Motion seconded by Council Member Wilson. Motion approved by vote of 6-0.
No action was taken from Executive Session.
12. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. No action
was taken.
13. Adjourn-Deputy Mayor Pro Tem Miller made a motion to adjourn. Motion seconded by
Council Member Wilson. Motion approved by vote of 6-0.
The meeting adjourned at 9:09 p.m.
APPROVED:
___________________________________
Ray Smith, Mayor
ATTEST:
___________________________
Amy M. Piukana, TRMC
Town Secretary
Page 1 of 1
]
Prosper is a place where everyone matters.
1. Call to Order / Roll Call.
Mayor Smith called the meeting to order at 6:00 p.m.
Council present included: Mayor Ray Smith, Mayor Pro-Tem Kenneth Dugger,
Dave Benefield, Danny Wilson, Curry Vogelsang Jr. and Jason Dixon.
Council Member(s) absent: Deputy Mayor Pro-Tem Meigs Miller
Staff present included: Amy Piukana, Town Secretary; Hulon Webb, Director of Development
Services; Wade Harden, Parks & Recreation Manager; Matthew Garrett, Finance Director.
2. Consider and act upon proposed park fee and dedication credits for the 188 acre mixed use
development on the northwest corner of Dallas Parkway and US 380 as requested by Athlos
Prosper Fund, LP. Development Director Hulon Webb introduced Joe Drysdale representing
Athlos who briefed Council regarding the project. He noted these developments would be
separated into three Phases with the priority being in the Parks and Recreation Open Space
Master plan which will include a future Hike and Bike trail, Sand Volleyball Court, Dog Park,
Splash Park(s), Playground(s), Basketball Court(s), Tennis Court(s), Skate Park, and an
Amphitheatre.
After discussion, Mayor Pro Tem Dugger made a motion to approve the expenditures of
approximately $17.71 million by Athlos for park improvement concepts as outlined in the
Estimated Project Costs attachment and a combination public and private park land of 22.74
acres of park land, with a minimum of 21.08 of these acres being for public use, to fulfill 100%
of the park land dedication and improvement fee requirements for the development to be
further outlined in the Development Agreement. Motion seconded by Council Member
Vogelsang. Motion approved by vote of 6-0.
3. Adjourn-Mayor Pro Tem Dugger made a motion to adjourn. Motion seconded by Council
Member Vogelsang. Motion approved by vote of 6-0.
The meeting adjourned at 6:36 p.m.
APPROVED:
___________________________________
Ray Smith, Mayor
ATTEST:
_______________________________
Amy M. Piukana, TRMC
Town Secretary
MINUTES
Special Meeting of the Prosper Town Council
Town of Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, November 16, 2011 at 6:00 p.m.
‘DW14 cF
SPER
“A PLACE WHERE EVERYONE MATTERS”
FINANC IAL S
FY 2011 —2012
P
October,2011
END-OF-MONTHCASH OVERVIEW(RECONCILED)OCTOBER,20111e-,iC.E)JF’SiR“aplacewhereeveryonemattersCASH OVERVIEWInternalGeneralWaterlSewerServiceCapProjCapProjCapProj2010Tax2011BondStorm*Parks**lmpacte*SpRev Sp. RevFundFundl&SFund04Bond06Bond08BondNote08BondDrainage(Ded+lmoFeesFundEscrowEDCTOTALSCASH-LOCALBANK2738,2892,832,258 517,26482,261256,674-1,289,49755,927330967197,735317,9342,388,74567,7411,023,2471860,10013,958,640CERT.OFDEPOSIT2,000,0004,500,756300,0006,800,756TEXPOOLBALANCE84,0524,70337,557-165,722-----2,206,481--1,3232,499,837TEXSTARBALANCE309,157----900,4622,622,216--1237,1802,479,266-971,2961,1888,520,764TOTAL5,131,4987,337717854,82182,261422396900,4623,911,71355,927330,967197,7351,555,1147,074,49167,7411,994,5431,862,61231,779,997*ParksFundcombines ParksDedication andParksImprovementImpactFeesconsistofWaterImpact,SewerImpact andThoroughfareImpactfees.Special RevenueFund figureconsistof CourtTechnologyFd,CourtSecurityFd,Policedonations,Firedonations,SafetyFairdonations,ChildSafetycollections, andShatteredDreamsdonations.Theseareallretrictedfundsforspecificpurposes.TotalRestrictedFunds 17,448,170
$7,000$6,000$5,000“CC$4,000I-$3,000$2,000$1,000$0PR5sPERC)WNC)F“aplacewhereeveryonematters”$8,000END-OF-MONTHCASHOVERViEW(RECONCILED)OCTOBER,201113,958,6406,800,75644%.12Z2FI$2,499,837$8,520,76427%8%I517J—:GeneralWater/SewerFundI&SInternalServiceCap ProjCap Proj CapProj2OlOTavNote2011BondStorm°Parksnuimpact*v*SpRevSp. RevFundFund04Bond06 Bond 08 Bond08BondDrainage(Ded+Imp)FeesFundEscrow•TEXSTAR BALANCE•TEXPOOLBALANCE•CERT.OFDEPOSITCASH-LOCALBANKEDC
YTD Totals $5,556,41318 102.90%$6,012,452.74 99.77%$345,581.69 5.38%Collected YTD
includes delinquent
collections
$5,146,372.81 $5,399,872.83 $6,418,046.61 Total taxes due
includes delinquent
before adjustments
PROPERTY TAX COLLECTIONS
THREE (3)YEAR COMPARISON
FOR PEAK COLLECTION MONTHS
$2,750
$2,500
$2,250
$2,000
$1,750
C’)$1,500
$1,250
$1,000
$750
$500
$250
$-
120%
D 100%
0)
80%
0
()60%
40%
-20%
0%
Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept
PROPERTY TAX COLLECTIONS
THREE (3)YEAR COMPARISON
PERCENT OF TOTAL DUE (Before Adjustments)COLLECTED
Sept
%of Total
Taxes Due
1.11%$
$134,228.60
$2,569,783.42
$1,428,265.19
$809,613.41
$253,646.04
$79,658.28
$123,102.41
$51,866.19
$59,782.87
$17,246.48
$10,093.15
Nov
Dec
Jan
Feb
Mar
Apr
May
June
July
Aug
Sept
%of Total
Taxes Due
0.35%
2.49%$
47.59%$
26.45%$
14.99%$
4.70%$
1.48%$
2.28%$
0.96%$
1.11%$
0.32%$
0.19%$
%of Total
Taxes Due
5.38%
245,708.45
2,307,007.29
2,289,662.66
698,822.18
199,858.51
36,824.36
67,437.54
39,365.06
26,492.13
14,870.63
19,320.71
4.08%
38.28%
38.00%
11.60%
3.32%
0.61%
1.12%
0.65%
0.44%
0.25%
0.32%
$100,000
$50,000
THREE YEAR (3)COMPARISON
TOWN OF PROSPER SHARE OF SALES TAX
PROSPER,TEXAS
I FY 09-10 I FY 10-11 S FY 11-12
Town Share [ShaJ
Month FY 09110 -ku
Oct
Nov
Dec
Jan
Feb
Mar
***Apr
May
June
***JuIy
$
$
$
$
$
$
$
$
$
$
102,733.59
63,109.58
73,055.18
77,725.99
76,266.92
91,119.20
134,429.49
111,390.14
122,119.89
153,415.34
$Amount
Inc I(Dec)
%of Change
Inc /(Dec)
YTD Totals $1,303,744.06 $1,267,161.56 $151,482.42 $48,748.83
$1,130,000.00 Budgeted Sales Tax
47.45%
***Received large quarterly sales tax pmt from local business
Oct.Budgeted:
Oct.Received:
$94,166.67
$151,482.42
$57,315.75
for month of Oct 2011
Increase over budgeted
60.87%%Oct.2011 variance
YTD Mo’Iy Budgeted:
YTD Mo’Iy Received:
$94,166.67
$151,482.42
$57,315.75
60.87%
YTD Oct-2011
Increase
YTD variance
$250,000
$200,000
$150,000
LII.J
I’ll’——***F ,%c_
$100,898.03
$87,322.54
$91,239.15
$112,125.21
$67,208.54
$63,837.14
$185,754.33
$78,933.26
$74,820.33
$219,591.71
$151,482.42 $48,748.83 47.45%
Aug $116,390.79 $129,026.27
Sept $105,623.03 $132,769.97
gluser_rsa2rhutlerTownofProsperPage12:5611/29/11Rev/npFundCategoryRept(3)Fund:PeriodEnding:10/2011AccountflaeerintinnCurrentCurrentCurrentCurrentCurrentCurrentCurrentCurrentNumberYearMonthMonthMonthTI])YTDYTDRemainingAdoptedBudgetActualVarianceBudgetActualVarianceBudgetGENERALFUN])REVENUESPropertyTax3,940.354.00—3.940,354.00-209.446.19—3,730,907.913,940,354.00-209.446.19-3.73g.907.8l3,730,907,91-SalesTax1,133,500.00-1,133,500.00-151,492.42-982,017.581,133,500.00-101.492.42-992,017.58982,017.58-Franchise365,550.00-365,550.00-4.246.27-361,103.73365,550.00-4,246.27-361,303.73361,303.73-Licenee,Feee,&Permits1,241,100.00-l,24l,lgo.gO-70.053.94-1,171.046.061,241,100.08-70,053.94-1,171,046.061,171,046.06-ChargesforServices202,905.00-202,905.00-21,344.54-181,580.46202,905.00-21.344.54-181,560.46181,560,46-Grante131,289.00-131,289.00-131,289.00131,289.00—131,289.00131,289.00-InveateentaIncome75,500.00-75,500.00-3,405,96-72,094.0475,500.00-3.405.96-72,094.0472,094.04-Fines&Warrants220,000.00-220,000.00-,28,354.18-191,645.82220,000.00-28,354.18-191,645.82191,645.82-TransferIn586.710.00-586,710.00-586,710.00086,710.00-586,710.00586,710,00-Miecellaneoua56,250.00-56,250.00-23,975.77-32,274.2356,250.00-23,975.77-32,274.2332,274.23—TotalRevenues7,953,158.00-7.953,158.00-512.309.27-7,440,848.737.953.058.00-512,309.27-7,440,848.737,440,848.73-AppropriationsPermonnel5.418.212.005,418,212.00421,193.544.997.018.46-5,418,212.00421,193.544,997,018.46-4,997,018.46MaterialsandSupplies331,795.00331,795.0014,975.12316.819.88-331,795.0014.975,12316,819.88-316,819.88TownSet-vices/Maintenance417,891.00417,891.0032,260.08385,630.92-417,891.0032,260.08385.630.91-385,630.92Contractual/professionalSer1.590,655.001,550,655.00151,959.971,438.695.03-1,590,655.00151,959.971,438,695.03—1,438,695.03Capital161,700.00161,700.0027,183.91134,516.09-161,700.0027,183.91134,516.09-134,516.09SnterfundTranaferOut32,905.0032,905.0032,905.00-32,905.0032,905.00-32,905.00TotalAppropriations7,953,158.007,953,158.00647,572.627,305,585.38-7,953,158.00647,572.627,305.585.38-7,305,585.38RevenueOver/(Under)Approp135,263.35135.263,35135,263.35135,263.35135,263.35-
gluser_r&a2rbutlerTownofProsperPage212:5611/29/11Rev/ExpFundCategoryRept(3)Fund:PeriodEnding:10/2011AccountDedcriptiodCurrentCurrentCurrentCurrentCurrentCurrentCurrentCurrentNumberYearMonthMonthMonthTEDTEDYThRemainingAdoptedBudgetActualVarianceBudgetActualVarianceBudgetWATER&SEWERFUNDRevenuesLicensee,Fees.&Permits905.00-900.00-1.509.53—509.53-900.00-1.509.53-609.53-609.53InvestmentIncome40,000.00-40,000.00-2,632.17-37,367.8340,000.00-2,632.17-37,367.8337,367.83-MiscellaneOts25,000.00-25,000.00-3,157.46-21,242.5425,000.00—3,757.46-21,242.5421,242.54-W/STap&Connection230,000,00-230,000.00—51,675.00-178,325.00230,000.00-51,675.00—176,325.00118,325.00-ServiceInjtatjnnFees25.000.00-25,000.00-2,545.00-22,455.0025,000.00-2.545.00-22,455.0022,455.00-WaterCharges3,678,400.00-3,678,400.00-434,770.78-3,243,629.223,678,400.00-434,770.7e-3,243,629.223,243,629.22-SewerCharges1,800,300.00-1,800,300.00-154,353.26-1,645,946.741.800,300.00-154.353.26-1,645,946.741,645,946.74-Penalties57,000.00-57,000.00-8,837.04-48,162.9657,000.00-8,837.04-48,162.9648,162.96-SolidWasteCharges687,000.00-687,000.00-56,261.71-630,738.29687,000.00-56,261.71-630,738.29630,738.29—TotalRevenues6,543,600.00-6,543,600.00-716,341.95-5.827,258.056.543,600.00-716.341.95-5.827.258.055,927,259.05-Appropriationspersonnel703,685.00703,680.0049402.39654,382.6l-703,685,0049,302.39684,382.61-654.382,61MaterialsandSupplies1,359.200.001,359,200.00103,613.981.255.586.02-1.359,200.00103,613.981.255.586.02-1.255.586.02TownServices/Maintenance470,923.00470,923.0025,712.52445.210.48-470,923.0020,712.52445.210.48-445,210.49ContractuaI/ProfesaiooalServi1,966,300.001,966,300.00205,567.451,760,732,55-1,966,300.00205,567.451,760,732.55-1,760.732.55Capital29,000.0028,000.0029,000.00-28,000.0029,000.00-28,000.00Bonds1,353,465.001,353,465.001,353,465.00-1,353,465.001,353,465.00-1,353.465.00InterfundTransfersOut574,710.00574,710.00574,710.00-074,710.00574,710.00-574,710.00TotalAppropriations6,456,263.006,456,283.00394,196,346.072,066.66-6,456,283.00394,196.346.072.086.66—6.072.086.66RevenueOver/(Under)Approp87,317.00-87,317.00-332,145.61-244,828.61-87,317,00-332.145.61-244,828.61-244,828.61
gluser_r&a2rbutlerTownofProsperPage312:5611/29/11Rev/SapFundCategoryRept(3)FundPeriodEnding:10/2011AccountDescriptionCurrentCurrentCurrentCurrentCurrentCurrentCurrentCurrentNesterYearMonthMonthMonthYTOrronoRenamingAdoptedBudgetActualVarianceBudgetActualVarianceBudgetINTEREST&SINKINGFUNDRevenuesPropertyTax2,514.667.00—2,514,667.00-134,135.50-2.380.531.502.514.667.00-134.135.50-2.380,531.502,380,531.50-InvestmentIncone16.000.00-16,000.00-11,408.76-4,591.2416,000.00-11,408.76-4,591.244,591.24-TotalRevenues2,530,667.00-2,530,667.00-145.544.26-2,385,122.742,530,667.00-145.544.26-2.385,122.742.385,122.74-AppropriationsBonds2,336,808.002,336,806.0016,016.112,320,791.89-2,336,808.0016,016.112,320,791.89-2,320,791.89InterfundTransfersOutTotalAppropriations2,336,808.002,336,808.0016,016.112,320,791.89-2,336,808.0016,016.112.320,791.89-2.320,791.89RevenueOver/(Tlnder)Approp193.859.00-193,859.00-129,528.15-64,330.85193,859.00-129.528.15-64,330.8564,330.85-INTE8NM.SERVICEFUNDRevenueInterestIncome500.00-500.00-58.12-441.88500.00-58.12-441.88441.88-InterfundTransfersIn81,800.00-81,800.00-3,060.00-78,740.0081.800.00-3,060.00-78,740.0078,740.00-TotalRevenues82.300.00-82,300.00-3,118.12-79,181.8882,300.00—3,118.12-79,181.8879,161.58AppropriationsPersonnel50,000.0050,000.005,226.7144.773.29-50,000005,226.7144,773.29-44,773.29TotalAppropriations50,000.0050,000.005,226.7144,773.29-50,000.005,226.7144,773.29-44,773.29RevenueOver/)Under)Apprnp32.300.00-32,300.00-2,108.5934,408.5932,300.00-2,108.5934,408.5934.408.59
gluser_r&a2rhutlerTownofProsperPage412:5611/25/11Rev/ExpFundCategoryRept(3)PuodPeriodEnding:10/2011Account‘—“-°‘‘--‘CurrentCurrentCurrentCurrentCurrentCurrentCurrentCurrentNuaiberYearMonthMonthMonthYTDYTDYTDRemainingAdoptedBudgetActualVarianceBudgetActualVarianceBudgetSTORMDRAINRGRFUNDRevenuesBtormDrainageUtilityFee235.000.00-235.000.00-16,653.39—218,316.61235,000.00-16.683.39-218,316.61218,316.61TotalInvesteentIncome1,000.00-1,000.00-197.70-802.301,000.00-197.70-802.30802.30-TotalMiacellaneoueTotalRevenues236,000.00-236.000.00-16,881.09-219,118.91236,000.00-16,881.09-219,118.91219,118.91-AppropriationsTotalPersonnel43,740.0043,740.0043,740.00-43,740.0043,740.00-43,740.00Materials&Supplies10,550.0010,550.004,104.006,446.00-10,550.004,104.006,446.00-6,446.00TownServices/Maintenance4,900.004,900.004.900.00-4,900.004,900.00-4,900.00TotalProfessidnalServices600.00600.00600.00-600.00600.00-600.00TotalContractServices36,000.0036,000.0036,000.00-36,000.0036,000.00-36,000.00TotalCapital34,000.0034,000.0034,000.00-34,000.0034,000.00-34,000.00TotalInterfundTraneferOut14,400.0014,400.0014,400.00-14,400.0014,400.00-14,400.00TotalAppropriations144,190.00144,190.004,104.00140,056.00-144.190,004,104.00140.086.00-140,086.00TotalRevenueOver/(under)App91,010.00-91,810.00-12,777.09-79,032.9191.810.00-12,777.09-79,032.9179.032.91-PARRSFUNDRevenueInvestmentIncoee3,800.00-3,800.00-390.15-3,409.853,800.00-390.15-3,409.853,409.85-ParkFees125,000.00-125,000.00-5,226.00-119,774.00125.000.00-5,226.00-119,774.00119,774,00-TotalRevenues128,800.00-126,800.00-5,616.15-123,103.85128.800.00-5,616.15—123,103.85123.183.85Appropriations(Parks)Contractual/ProfessionalSer1,620,000.001,620,000.001,620,000.00-1,620.000,001,620,000.00-1,620,000.00TotalAppropriations1,620,000.001.620.000.001,620.000.00-1,620.000.001.620,000.00-1,620.000.00
gluser_rta2rhotlerTownofProsperPage512:5611/29/11Rev/ExpFundCategoryRept(3)Fund:PeriodEnding:10/2011AccountDescriptionCurrentCurrentCurrentCurrenturréntCurrentCurrentCurrentguntherYearMonthMonthMonthTEDflflTEDRemaioingAdoptedBudgetActualVarianceBudgetActualVarianceBudgetRevenueOver/)Tjoder)Approp1,491,200.001,491,200005.616.19-1,496,816.15-1,491.200.005.616.15-1,496.816.15-1,496,816.15
gluser_r&a2rhutlerTownofProsperPage612:5611/29/11Rev/ErgFundCategoryRept(3)Fund:PeriodEnding:10/2011AccountDescriptionCurrentCurrentCurrentCurrentCurrentCurrentCurrentCurrentNumberYearMonthMonthMonth7W570lTDRemainingAdoptedBudgetActualVarianceBudgetActualVarianceBudgetIMPACTFEESFUNDRevenueInvestmentIncome10,000.00-10,000.90-2,549.71-7,450,2910,000.00-2,549.71-7,450,297,450.29-ImpactFees1,300,000.00-1,300,000.00-175,620.00-1,124,380.001,300,000.00-175,820.00-1,124,380.001,124,399.09-TotalRevenues1,310,000.00-1,310,000.00-178,169.71-1,131,830.291,310,000.00-178,169.71-1.131.830.291,131,830.29-AppropriationsContractual/ProfessionalServi925,000.00925,000.00925,000.00-925,000.00925,000.00-925,000.00Capital4,628,000.004,628,000.0032,956.004.599.044.00-4,618,000.0032,956.004,595,044.00—4,555,044.00InterfundTransfersOutTotalAppropriations5,553,000.005,553,000.0032,956.005.520.044.00-5.553,000.0032,956.005,520,044.00-5,520.044.00RevenueOver/(Under)Approp4,243,000,004.243,000.00145,213,71-4,388,213.71-4.243.000.00145,213.71-4,388,213.71-4,388,213.71SPECIALREVENUEDONATIONFUNDRevenueCourtFees6,900.00-6,900.00-1,036.41-5,863.596,900.00-1,036.41-5,863.595,863.59-Contributions43,500.00-43,500.00-2,421.95-41,078.0543,500.00-2,421.95-41,078.0541,078.05-RscruwIncome1,065.77-1,065.77-1,065.77-1,065.77-1,065.77Grants2.000.00-2,000.00-2,000.002,000.00-2,000.002,000.00-MiscellaneousTotalRevenues52,400.00-52,400.00-4,524.13-47,875.8752,400.00-4.524.13-47,875.8747.875.87
giuserr&a2rbutierTownofProsperPage12:5611/29/liRev/ExpFundCategoryRept(3)Fund;PeriodEnding:10/2011Account‘-----—‘-‘-—CurrentCurrentCurrentCurrentCurrentCurrentCurrentCurrentNumberYearMonthMonthMonthYTDYTnYTDRemainingAdoptedBudgetActualVarianceBudgetActualVarianceBudgetAppropriations(Op.Rev.)TownServicee/Maintenance99,200.0059,200.097,492.5051.707.50-59,200.007,492.5051,707.5951,707.50TotalAppropriations59,200.0059,200.007,492.5051,707.50-59,200.007,492.5051,707.50-51,707,59RevenueOver/(Under)Apprup6,800.006,800.002,968.373,831.63-6,800.002,968.373,831.63-3,831.63CAPITALPROJECTSPONDRevenueGrants/Reimbursements235,000.00-235,000.00-235,000.00235,000.00-235,000.00235,000.00Investmentincome7,000.00-7,000.00-1,461.51-5,538.097,000.00-1,461.91-5,538.095,538.09-InterfundTranefereInBondProceeds320,000.00-320.000.00-320,000.00-320.000.00-320,000.00TotalRevenue242,000,00-242,000.00-321,461.91-79,461.91-242,000.00-321.461.91—79,4i1.91-79,461.91AppropriationsContractual/ProfessionalServi101,085.00101,085.007,535.5093,549.50-101,085.007,535.5093,549.50-93,549.50Capital4,400,000.004.400.000.0056,224.394,343,775.65-4.400.000.0056,214.354,343,775.65-4,343,775.65BondCoetsTotalInterfundTransfersOutTutalAppropriations4,501,085.004,501,085.0063,759.854,437,325.15-4,501,085.9963,759.854,437,325.15-4,437,325.19RevenueOver/)Under)Apprnp4.259,085.004,259,085.00257.702.06-4,516,787.06-4,299,089.00257.702.06-4.516,787.06-4,515.787.06
TownofProsperRev/ExpFundCategoryRept(3)PeriodEnding:10/2011376,667.00-376,667.00-50.494.14-326,172.96376,667.00-50.494.14-326,172.8620,000.00-20,000.00-1.868.02-18,131.9820,000.00-1,868.02-18,131.98TotalRevenues396.667.00-396,667.00—52.362.16—344,304.84396,667.00-52,362.16-344,304.84344,304.84-PersonnelMaintenance&SuppliesTownServices/MaintenanceContractual/ProfeisionalServiCapitalInterfundTransferOutTotalAppropriationsRevenueOver/(uader)Appropgluser_r&a2rhutler12:5611/29/11Fund,YearAdnptednuuuunoeacaapaurNumberECONOMICDEVELOPMENTCORPRevenuesSalesTaxrnvestnentIncomeOtherIncomeAppropriationsurrmur,.urren,urreu,t.urreucurrentcurrentcurrencMonthMonthMonthTIPYIPnoRemainingBodgetActualVarianceeudgetActualVarianceBudgetPage8326,172.86-18,131.98-31,475.0031,475.002,880.9828,594.02-31,475.002.880,9828,594.02—28,594.024,000.004,000.004,000.00-4,000.004,000.00-4,000.0037,300.0037,300.001,231.3536,068.65-37,300.002,231.3536.068.65-36,068.6587.450,0087,450.004;007.9483.442.06-87,450.004,007.9483.442.06-83,442.06160,225.00160,225.008,120.27152,104.73-160,225.008,120.27152,104.73-152,104.73236.442.00-236.442.00-44.241.89-192,200.11236,442.00-44,241.89-192,200.11192.200.11-
P&t5°NR“APLACEWHEREEVERYONEMATTERS”InvestmentPortfolioSummaryFortheQuarterEndedSeptember30,2011PreparedByRonButlerComptrollerTownofProsper
TownofProsperQuarterlyInvestmentReportInvestmentOfficers’CertificationFortheQuarterEndedSeptember30,2011ThisreportispreparedfortheTownofProsper(‘Town”)inaccordancewithChapter2256ofthePublicInvestmentAct(“PFIA”),Section2256.023(a).ThePFIAstatesthat“Notlessthanquarterly,theinvestmentofficershallprepareandsubmittothegoverningbodyoftheentityawrittenreportofthe investmenttransactionsforallfundscoveredbythischapterfortheprecedingreportingperiod.”ThisreportissignedbytheTown’sInvestmentOfficersandincludesthedisclosuresrequiredinthePFIA.MarketvalueswereobtainedfromTexPool,TexStar,andIndependentBankstatements.TheinvestmentportfoliocompliedwiththePFIAandtheTown’sapprovedInvestmentPolicyandStrategythroughouttheperiod.AllinvestmenttransactionsmadeintheportfolioduringthisperiodweremadeonbehalfoftheTownandweremadeinfullcompliancewiththePFIAandtheTown’sapprovedInvestmentPolicy.I
TownofProsperQuarterlyInvestmentReportSummaryInformationFortheQuarterEndedSeptember30,2011ThisreportispreparedfortheTownofProsper(“Town”)inaccordancewiththeTown’sInvestmentPolicyandreportingrequirements.InaccordancewiththeInvestmentPolicy,theTown’sInvestmentOfficershallprepareandsubmittothegoverningbodyoftheentityawrittenreportofthe investmenttransactionsforallfunds.ForthequarterendingSeptember30,2011,theTownhasTwenty-Eight(28)accountswithatotalmarketvalueof$29,809,161.27andtotalinterestearnedontheseaccountsforthe quarteris$37,758.16.TheTownacquiredfive(5)CertificateofDepositaccountsfromCollinBankinJune,2011for$6.8milUondollarswithmaturitydatesrangingfromthree(3)monthstotwenty-four(24)month.Thedistributionofthesefundsareasfollows:GeneralFund-Parvalueandmarketvalueof$5,811,157.64.WaterSewerFund-Parvalueandmarketvalueof$6,954,103.17.I&SFund-Parvalueandmarketvalueof$738,504.84.InternalServiceFund-Parvalueandmarketvalueof$51,980.66.StormDrainageFund-Parvalueandmarketvalueof$187,716.70.ParksFund-Parvalueandmarketvalueof$1,563,129.71.ImpactFeesFund-Parvalueandmarketvalueof$7,160,563.44.SpecialRevenueFund-Parvalueandmarketvalueof$1,993,446.75.CapitalProjectsFund-Parvalueandmarketvalueof$5,346,528.96.PurchasedateofallCertificatesofDepositsbelowisJune10,2011andwillmatureandearninterestasfollows:Six(6)monthcertificatehasamaturitydateofJanuary10,2012earning0.70%.Twelve(12)monthcertificatehasamaturitydateofJuly10,2012earning0.85%.Eighteen(18)monthcertificatehasamaturitydateofJanuary10,2013earning1.20%.Twenty-four(24)monthcertificatehasamaturitydateofJuly10,2013earning1.40%.One(3)monthCDmaturedonSeptember10,2011earninginterestof$756.18.Theoriginalamountof$500,000plusinterestof$756.18wasrenewedforanotherthreemonths.Three(3)monthcertificatehasamaturitydateofDecember10,2011earning0.60%.TheEconomicDevelopmentCorporationhaveaccountswithtotalparandmarketvalueof$1,830,324.96andinterestearningsforthequarteris$5,380.89.TheEDCProsperBankaccountwasclosedandfundsweremovedtoIndependentBank.Thecomposition,bysecuritytypes,forthesefundsis35%GovernmentPools,44%LocalBankdepositsand21%incertificatesofdeposit.Thisconsistof:27%isinTexStar,8%inTexPool,44%inthelocalbankand21%certificatesofdeposit.TexStarandTexPoolareTexasLocalGovernmentInvestmentPoolsandthe certificatesarewiththeCollinBankatFrisco,Texas.ThechangeinvaluefromJuly1,2011throughSeptember30,2011forTheTownofProsperfundsis$11,154,118.98inadditionsand
$12,949,488.24ofwithdrawals.Theseadditionsandwithdrawalsincludethemovementofthemoneyforpurchaseofthecertificateofdeposits.ThebreakdownperfundcanbefoundontheCHANGEINVALUEsheetoftheportfolio.EDChad$226,673.12inadditionsand$129,838.17inwithdrawals.Interestearnedforthequarteris$5,380.84.TheadditionandwithdrawalsalsoincludestheclosingoftheProsperBankaccountandredepositintoIndependentBank.TheinvestmentportfoliocompliedwiththePFIAandtheTown’sapprovedInvestmentPolicyandStrategythroughouttheperiod.AllinvestmenttransactionsmadeintheportfolioduringthisperiodweremadeonbehalfoftheTownandweremadeinfullcompliancewiththePFIAandtheTown’sapprovedInvestmentPolicy.TheU.S.Treasuryyieldcurveispresentedonagraphtoserveasabenchmarkcomparison.
TownofProsperPortfolioCompositionSeptember3Q2011PortfolioCompositionbySecurityTypesGov’tPools11,019,83935%4CD’s6,800,75622%BankDeposits13,529,01543%PortfolioCompositionByIssuerCD’s6,800,75622%TexStar8,520,18027%Bank13,529,01543%TexPooI2,499,6598%
TownofProsperFIXEDINCOMEDISTRIBUTIONSeptember30,2011SummaryInformationTotalsTownofProsperParValue29,519,285.99MarketValue29,519,285.99AdjustedCostNetGain/LossAnnualIncomeProsperEconomicDevelopmentParValue1,830,324.96MarketValue1,830,324.96AdjustedCostNetGain/LossAnnualIncomeCombinedTotalsParValue31,349,610.95MarketValue31,349,610.95AdjustedCostNetGain/LossAnnualIncome
Security Security Purchase Purchase Book Market Market Days to
Description CUSIP Institution Par Value Price Cost Value Price Value Maturity Yield
General Fund
Bank - Payroll 903000503 Independent Bank 9,129.46 100.00 9,129.46 9,129.46 100.00 9,129.46 1 1.1600%
Bank - Operating 4000238 Independent Bank 3,393,458.53 100.00 3,393,458.53 3,393,458.53 100.00 3,393,458.53 1 1.1600%
TexPool 439000002 TexPool 84,045.44 100.00 84,045.44 84,045.44 100.00 84,045.44 1 0.0929%
TexSTAR 1111 TexSTAR 309,136.69 100.00 309,136.69 309,136.69 100.00 309,136.69 1 0.0906%
Bank - FSA 901002089 Independent Bank 7,963.65 100.00 7,963.65 7,963.65 100.00 7,963.65 1 1.1600%
Bank - State Fines 4000246 Independent Bank 4,221.73 100.00 4,221.73 4,221.73 100.00 4,221.73 1 1.1600%
Bank - Clearing Account 903000412 Independent Bank 0.01 100.00 0.01 0.01 100.00 0.01 1 0.0000%
MXSourceCredit Card FSA MX Account 3,201.53 100.00 3,201.53 3,201.53 100.00 3,201.53 1 0.0000%
Certificate of Deposit 24 mos Collin Bank 1,000,000.00 100.00 1,000,000.00 1,000,000.00 100.00 1,000,000.00 618 1.4000%
Certificate of Deposit 18 mos Collin Bank 1,000,000.00 100.00 1,000,000.00 1,000,000.00 100.00 1,000,000.00 436 1.2000%
5,811,157.04 100.00 5,811,157.04 5,811,157.04 100.00 5,811,157.04
Water/Sewer Fund
Bank - Operating 903000750 Independent Bank 2,387,027.81 100.00 2,387,027.81 2,387,027.81 100.00 2,387,027.81 1 1.1600%
Bank - Operating 3000889 Prosper Bank 61,616.76 100.00 61,616.76 61,616.76 100.00 61,616.76 1 0.1000%
TexPool 439000001 TexPool 4,702.42 100.00 4,702.42 4,702.42 100.00 4,702.42 1 0.0929%
Certificate of Deposit 3 mos Collin Bank 500,756.18 100.00 500,756.18 500,756.18 100.00 500,756.18 71 0.6000%
Certificate of Deposit 6 mos Collin Bank 500,000.00 100.00 500,000.00 500,000.00 100.00 500,000.00 71 0.7000%
Certificate of Deposit 12 mos Collin Bank 500,000.00 100.00 500,000.00 500,000.00 100.00 500,000.00 254 0.8500%
Certificate of Deposit 18 mos Collin Bank 1,500,000.00 100.00 1,500,000.00 1,500,000.00 100.00 1,500,000.00 436 1.2000%
Certificate of Deposit 24 mos Collin Bank 1,500,000.00 100.00 1,500,000.00 1,500,000.00 100.00 1,500,000.00 618 1.4000%
6,954,103.17 100.00 6,954,103.17 6,954,103.17 100.00 6,954,103.17
Interest & Sinking Fund
Bank - Debt Payments 4000311 Independent Bank 400,950.93 100.00 400,950.93 400,950.93 100.00 400,950.93 1 1.1600%
TexPool 439000005 TexPool 37,553.91 100.00 37,553.91 37,553.91 100.00 37,553.91 1 0.0929%
Certificate of Deposit 6 mos Collin Bank 100,000.00 100.00 100,000.00 100,000.00 100.00 100,000.00 71 0.7000%
Certificate of Deposit 12 mos Collin Bank 100,000.00 100.00 100,000.00 100,000.00 100.00 100,000.00 254 0.8500%
Certificate of Deposit 18 mos Collin Bank 100,000.00 100.00 100,000.00 100,000.00 100.00 100,000.00 436 1.2000%
738,504.84 100.00 738,504.84 738,504.84 100.00 738,504.84
Internal Service Fund
Bank-Internal Service Fund 901002089 Independent Bank 51,980.66 100.00 51,980.66 51,980.66 100.00 51,980.66 1 1.1600%
Storm Drainage Fund
Bank - Operating 903000750 Independent Bank 189,716.70 100.00 189,716.70 189,716.70 100.00 189,716.70 1 1.1600%
Parks Fund
Bank - Parks Dedication 4000287 Independent Bank 222,598.24 100.00 222,598.24 222,598.24 100.00 222,598.24 1 1.1600%
Bank - Parks Improvement 4000287 Independent Bank 89,474.79 100.00 89,474.79 89,474.79 100.00 89,474.79 1 1.1600%
TexSTAR -Park Dedication 1111 TexStar 848,798.37 100.00 848,798.37 848,798.37 100.00 848,798.37 1 0.0906%
TexSTAR - Park Improvement 1111 TexStar 388,296.60 100.00 388,296.60 388,296.60 100.00 388,296.60 1 0.0906%
1,549,168.00 100.00 1,549,168.00 1,549,168.00 100.00 1,549,168.00
Impact Fees Fund
Bank - Operating(Thoroughfare)4000253 Independent Bank 1,456,094.36 100.00 1,456,094.36 1,456,094.36 100.00 1,456,094.36 1 1.1600%
Bank - Operating(Water)4000253 Independent Bank 431,312.00 100.00 431,312.00 431,312.00 100.00 431,312.00 1 1.1600%
Bank - Operating(Sewer)4000253 Independent Bank 311,823.73 100.00 311,823.73 311,823.73 100.00 311,823.73 1 1.1600%
TexPool - Operating(Thoroughfare)439000002 TexPool 674,339.35 100.00 674,339.35 674,339.35 100.00 674,339.35 1 0.0929%
TexPool - Operating(Water)439000002 TexPool 849,388.32 100.00 849,388.32 849,388.32 100.00 849,388.32 1 0.0929%
TexPool - Operating(Sewer)439000002 TexPool 682,596.16 100.00 682,596.16 682,596.16 100.00 682,596.16 1 0.0929%
TexStar - Operating(Thoroughfare)1252 TexStar 1,180,008.28 100.00 1,180,008.28 1,180,008.28 100.00 1,180,008.28 1 0.0906%
TexStar - Operating(Water)1252 TexStar 994,182.56 100.00 994,182.56 994,182.56 100.00 994,182.56 1 0.0906%
TexStar - Operating(Sewer)1252 TexStar 304,905.11 100.00 304,905.11 304,905.11 100.00 304,905.11 1 0.0906%
6,884,649.87 100.00 6,884,649.87 6,884,649.87 100.00 6,884,649.87
Town of Prosper
DETAIL OF SECURITY HOLDINGS
As of Sept 30, 2011
Security Security Purchase Purchase Book Market Market Days to
Description CUSIP Institution Par Value Price Cost Value Price Value Maturity Yield
Town of Prosper
DETAIL OF SECURITY HOLDINGS
As of Sept 30, 2011
Special Revenue Fund
Bank - Escrow 4000303 Independent Bank 1,022,248.49 100.00 1,022,248.49 1,022,248.49 100.00 1,022,248.49 1 1.1600%
TexStar 1111 TexStar 971,228.26 100.00 971,228.26 971,228.26 100.00 971,228.26 1 0.0906%
1,993,476.75 100.00 1,993,476.75 1,993,476.75 100.00 1,993,476.75
Capital Projects Fund
Bank - 2004 Bond 4000329 Independent Bank 256,423.53 100.00 256,423.53 256,423.53 100.00 256,423.53 1 1.1600%
TexPool - 2004 Bond 439000008 TexPool 165,710.27 100.00 165,710.27 165,710.27 100.00 165,710.27 1 0.0929%
TexStar - 2006 Bond 2006 TexStar 900,399.80 100.00 900,399.80 900,399.80 100.00 900,399.80 1 0.0906%
TexStar - 2008 Bond 2008 TexStar 2,622,036.53 100.00 2,622,036.53 2,622,036.53 100.00 2,622,036.53 1 0.0906%
Bank - 2008 Bond 1000032845 Independent Bank 1,357,482.21 100.00 1,357,482.21 1,357,482.21 100.00 1,357,482.21 1 1.1600%
Bank - 2010 Tax Note 4000238 Independent Bank 44,476.62 100.00 44,476.62 44,476.62 100.00 44,476.62 1 1.1600%
5,346,528.96 100.00 5,346,528.96 5,346,528.96 100.00 5,346,528.96
TOTAL TOWN OF PROSPER 29,519,285.99 100.00 29,519,285.99 29,519,285.99 100.00 29,519,285.99
Economic Development
Bank - Operating (EDC)3004736 Prosper Bank - 100.00 - - 100.00 - 1 0.1000%
Bank - Operating (EDC)4000238 Independent Bank 1,827,813.74 100.00 1,827,813.74 1,827,813.74 100.00 1,827,813.74 1.1600%
TexPool - EDC 439000006 TexPool 1,323.31 100.00 1,323.31 1,323.31 100.00 1,323.31 1 0.0929%
TexStar - EDC 1111 TexStar 1,187.91 100.00 1,187.91 1,187.91 100.00 1,187.91 1 0.0906%
TOTAL EDC 1,830,324.96 100.00 1,830,324.96 1,830,324.96 100.00 1,830,324.96
- - - - - -
TOTAL TOWN OF PROSPER & EDC 31,349,610.95 31,349,610.95 31,349,610.95 31,349,610.95
Security Maturity 06/30/11 06/30/11 Additions Interest Accrued 09/30/11 09/30/11
Description CUSIP Institution Date Book Value Market Value Purchases Withdrawal Received Interest Book Value Market Value Yield
General Fund
Bank - Payroll 903000503 Independent Bank 123,149.60 123,149.60 730,397.73 844,509.80 91.93 - 9,129.46 9,129.46 1.1600%
Bank - Operating 4000238 Independent Bank 3,984,998.91 3,984,998.91 6,542,927.44 7,145,406.46 10,938.64 - 3,393,458.53 3,393,458.53 1.1600%
TexPool 439000002 TexPool 14,026.75 14,026.75 70,000.00 - 18.69 - 84,045.44 84,045.44 0.0929%
TexSTAR 1111 TexSTAR 297,841.34 297,841.34 26,436.62 15,208.68 67.41 309,136.69 309,136.69 0.0906%
Bank - FSA 901002089 Independent Bank 19,462.28 19,462.28 52,932.05 64,469.59 38.91 7,963.65 7,963.65 1.1600%
Bank - State Fines 4000246 Independent Bank 10,978.43 10,978.43 33,817.64 40,600.44 26.10 - 4,221.73 4,221.73 1.1600%
Bank - Clearing Account 903000412 Independent Bank 62,719.44 62,719.44 6,870.12 69,589.55 - 0.01 0.01 0.0000%
MXSourceCredit Card FSA MX Account 1,941.92 1,941.92 8,000.00 6,740.39 - - 3,201.53 3,201.53 0.0000%
Certificate of Deposit 24 mos Collin Bank 6/10/2013 1,000,000.00 1,000,000.00 - - - - 1,000,000.00 1,000,000.00 1.4000%
Certificate of Deposit 18 mos Collin Bank 12/10/2012 1,000,000.00 1,000,000.00 - - - - 1,000,000.00 1,000,000.00 1.2000%
6,515,118.67 6,515,118.67 7,471,381.60 8,186,524.91 11,181.68 - 5,811,157.04 5,811,157.04
Water/Sewer Fund
Bank - Operating 903000750 Independent Bank 2,174,884.90 2,174,884.90 2,567,268.09 2,361,204.63 6,079.45 - 2,387,027.81 2,387,027.81 1.1600%
Bank - Operating 3000889 Prosper Bank 61,601.23 61,601.23 - - 15.53 - 61,616.76 61,616.76 0.1000%
TexPool 439000001 TexPool 4,701.40 4,701.40 - - 1.02 - 4,702.42 4,702.42 0.0929%
Certificate of Deposit 3 mos Collin Bank 12/10/2011 500,000.00 500,000.00 - - 756.18 - 500,756.18 500,756.18 0.6000%
Certificate of Deposit 6 mos Collin Bank 12/10/2011 500,000.00 500,000.00 - - - - 500,000.00 500,000.00 0.7000%
Certificate of Deposit 12 mos Collin Bank 6/10/2012 500,000.00 500,000.00 - - - - 500,000.00 500,000.00 0.8500%
Certificate of Deposit 18 mos Collin Bank 12/10/2012 1,500,000.00 1,500,000.00 - - - - 1,500,000.00 1,500,000.00 1.2000%
Certificate of Deposit 24 mos Collin Bank 6/10/2013 1,500,000.00 1,500,000.00 - - - - 1,500,000.00 1,500,000.00 1.4000%
6,741,187.53 6,741,187.53 2,567,268.09 2,361,204.63 6,852.18 - 6,954,103.17 6,954,103.17
Interest & Sinking Fund
Bank - Debt Payments 4000311 Independent Bank 1,416,825.29 1,416,825.29 24,453.18 1,042,475.46 2,147.92 - 400,950.93 400,950.93 1.1600%
TexPool 439000005 TexPool 37,546.18 37,546.18 - - 7.73 - 37,553.91 37,553.91 0.0929%
Certificate of Deposit 6 mos Collin Bank 12/10/2011 100,000.00 100,000.00 - - - - 100,000.00 100,000.00 0.7000%
Certificate of Deposit 12 mos Collin Bank 6/10/2012 100,000.00 100,000.00 - - - - 100,000.00 100,000.00 0.8500%
Certificate of Deposit 18 mos Collin Bank 12/10/2012 100,000.00 100,000.00 - - - - 100,000.00 100,000.00 1.2000%
1,754,371.47 1,754,371.47 24,453.18 1,042,475.46 2,155.65 - 738,504.84 738,504.84
Internal Service Fund
Bank-Internal Service Fund 901002089 Independent Bank 44,710.87 44,710.87 13,595.00 6,452.89 127.68 - 51,980.66 51,980.66 1.1600%
Storm Drainage Fund
Bank - Operating 903000750 Independent Bank 221,151.32 221,151.32 49,516.72 81,418.73 467.39 - 189,716.70 189,716.70 1.1600%
Parks Fund
Bank - Parks & Recreation 4000287 Independent Bank 440,115.89 440,115.89 4,840.00 133,894.55 1,011.69 - 312,073.03 312,073.03 1.1600%
Bank - Parks & Recreation 1111 TexSTAR 1,236,826.18 1,236,826.18 - - 268.79 - 1,237,094.97 1,237,094.97 0.0906%
1,676,942.07 1,676,942.07 4,840.00 133,894.55 1,280.48 - 1,549,168.00 1,549,168.00
Impact Fees Fund
Bank - Operating(Impact Fees)4000253 Independent Bank 2,301,537.48 2,301,537.48 467,316.00 576,698.43 7,075.04 - 2,199,230.09 2,199,230.09 1.1600%
TexPool - Operating(Impact Fees)439000002 TexPool 2,205,875.02 2,205,875.02 - - 448.81 - 2,206,323.83 2,206,323.83 0.0929%
TexStar - Operating(Impact Fees)1252 TexStar 2,478,556.38 2,478,556.38 - - 539.57 - 2,479,095.95 2,479,095.95 0.0906%
6,985,968.88 6,985,968.88 467,316.00 576,698.43 8,063.42 - 6,884,649.87 6,884,649.87
Special Revenue Fund
Bank - Escrow 4000303 Independent Bank 1,032,824.18 1,032,824.18 244,619.81 258,140.45 2,944.95 - 1,022,248.49 1,022,248.49 1.1600%
Bank - Escrow 1111 TexSTAR 971,015.93 971,015.93 - - 212.33 - 971,228.26 971,228.26 0.0906%
2,003,840.11 2,003,840.11 244,619.81 258,140.45 3,157.28 - 1,993,476.75 1,993,476.75
Capital Projects Fund
Bank - 2004 Bond 4000329 Independent Bank 255,681.69 255,681.69 - - 741.84 - 256,423.53 256,423.53 1.1600%
TexPool - 2004 Bond 439000008 TexPool 165,676.28 165,676.28 - - 33.99 - 165,710.27 165,710.27 0.0929%
TexStar - 2006 Bond 2006 TexStar 891,433.17 891,433.17 15,208.68 6,436.62 194.57 - 900,399.80 900,399.80 0.0906%
TexStar - 2008 Bond 2008 TexStar 2,621,465.86 2,621,465.86 - - 570.67 - 2,622,036.53 2,622,036.53 0.0906%
Bank - 2008 Bond 1000032845 Independent Bank 1,384,024.16 1,384,024.16 263,841.90 293,315.18 2,931.33 1,357,482.21 1,357,482.21 1.1600%
Bank - 2010 Tax Note 4000238 Independent Bank 15,325.01 15,325.01 32,078.00 2,926.39 - 44,476.62 44,476.62
5,333,606.17 5,333,606.17 311,128.58 302,678.19 4,472.40 - 5,346,528.96 5,346,528.96
TOTAL TOWN OF PROSPER 31,276,897.09 31,276,897.09 11,154,118.98 12,949,488.24 37,758.16 - 29,519,285.99 29,519,285.99
Town of Prosper
CHANGE IN VALUE
From 07/01/11 to 09 /30/11
Security Maturity 06/30/11 06/30/11 Additions Interest Accrued 09/30/11 09/30/11
Description CUSIP Institution Date Book Value Market Value Purchases Withdrawal Received Interest Book Value Market Value Yield
Town of Prosper
CHANGE IN VALUE
From 07/01/11 to 09 /30/11
Economic Development
Bank - Operating (EDC)3004736 Prosper Bank - - - - - - - - 0.1000%
Bank - Operating (EDC)4000238 Independent Bank 1,635,601.24 1,635,601.24 226,673.12 39,838.17 5,377.55 1,827,813.74 1,827,813.74 1.1600%
TexPool - EDC 439000006 TexPool 71,321.01 71,321.01 - 70,000.00 2.30 - 1,323.31 1,323.31 0.0929%
TexStar - EDC 1111 TexStar 21,186.87 21,186.87 - 20,000.00 1.04 - 1,187.91 1,187.91 0.0906%
TOTAL EDC 1,728,109.12 1,728,109.12 226,673.12 129,838.17 5,380.89 - 1,830,324.96 1,830,324.96
TOTAL TOWN OF PROSPER & EDC 33,005,006.21 33,005,006.21 11,380,792.10 13,079,326.41 43,139.05 - 31,349,610.95 31,349,610.95
TownofProsperEARNEDINCOMEFrom07101/11to09/30/11EndingPurchasedSoldInterestEarnedAccruedCUSIPInstitutionInterestInterest ReceivedInterest InterestGeneralFundBank-PayrollBank-OperatingTexPoolTexSTARBank-FSBBank-StateFinesMXSourceCreditCardCertificateofDepositCertificateofDepositWaterlSewerFundBank-OperatingBank-OperatingTexPoolCertificateofDepositCertificateofDepositCertificateofDepositCertificateofDepositCertificateofDeposit903000503400023843900000211119010020894000246FSA24mos18mos90300075030008894390000013mos6mos12mos18mos24mos40003114390000056mos12mos18mosIndependentBankIndependentBankTexPoolTexSTARIndependentBankIndependentBankMXAccountCollinBankCollinBankIndependentBankProsperBankTexPoolCollinBankCollinBankCollinBankCollinBankCollinBankIndependentBankTexPoolCollinBankCollinBankCollinBank-2,147.922,147.92-7.737.731.1600%1.1600%0.0929%0.0906%1.1600%1.1600%0.0000%1.1600%0.1000%0.0929%1.1600%0.0929%,StormDrainageFundBank-Operating903000750IndependentBank--467.39467.39--467.391.1600%ParksFundBank-Parks&RecreationBank-Parks&RecreationSpecialRevenueFundBank-EscrowBank-EscrowCapitalProjectsFundBank-2004BondTexPool-2004BondTexStar-2006BondTexStar-2008BondBank-2008BondBank-2010TaxNote4000287IndependentBank1111TexSTARIndependentBankTexPoolTexStar4000303IndependentBank1111TexSTAR1000032845IndependentBank4000238IndependentBank7,075.04448.81____________539.578,063.422,944.95___________212.333,157.28___________4,472.404,472.40 8,944.8037,758.1637,758.16--1,011.691.1600%--268.790.0906%--1,280.48--7,075.04448.81--539.57--8,063.422,944.951.1600%212.330.0906%3,157.28SecurityDescriptionAccruedInterestAdjustedEarnedIncome91.9310,938.6418.6967.4138.9126.10Yield91.9310,938.6418.6967.4138.9126.10--91.93--10,938.64--18.6967.4138.91--26.1011,181.6811,181.68--11,181.68-6,079.45 6,079.45--6,079.45-15.5315.53--15.53-1.021.02--1.02-756.18756.18--756.18Interest&SinkingFundBank-DebtPaymentsTexPoolCertificateofDepositCertificateofDepositCertificateofDepositInternalServiceFundBank-InternalServiceFund6,852.186,852.18--6,852.18901002089IndependentBank--2,147.927.732,155.652,155.652,155.65127.68127.68ImpactFeesFundBank-Operatirig(ImpactFees)4000253TexPool-Operating(lmpactFees)439000002TexStar-Operating(lmpactFees)1252000127.681.1600%1,011.69268.791,280.481,011.69268.791280.48--7,075.04--448.81--539.57--8,063.42--2,944.95--212.33--3,157.28-741.84-33.99-194.57-570.67-2,931.33400032943900000820060002008000IndependentBankTexPoolTexStarTexStar1.1600%0.0929%0.0906%TOTALTOWNOFPROSPER741.8433.99194.57570.672,931.331.1600%0.0929%0.0906%0.0906%1.1600%741.8433.99194.57570.672,931.334,472.408,944.8037,758.16
TownofProsperEARNEDINCOMEFrom07/01111to09130111EndingSoldInterestEarnedAccruedInterestReceivedInterestInterestAdjustedEarnedIncomeYieldEconomicDevelopmentBank-Operating(EDC)Bank-Operating(EDC)TexPool-EDCTexStar-EDCProsperBank-Cert.ofDepositTOTALEDCTOTALTOWNOFPROSPER&EDCSecurityDescriptionCUSIPInstitutionPurchasedInterestAccruedInterest3004736ProsperBank-------0.1000%4000238IndependentBank--5,377.555,377.555,377.551.1600%439000006TexPool--2.302.30--2.300.0929%1111000TexStar--1.041.04--1.040.0906%1310741ProsperBank-------0.0000%--5,380.895,380.89--5,380.89--43,139.0543,139.05--43,139.05
5.00%4.00%U.S.TreasuryYieldCurveasBenchmarkSeptember30,2010versusSeptember30,2011a)>-3.00%2.00%1.00%0.00%/3month6monthlyear30-Sept.-100.16%0.19%0.27%0.42%0.64%1.27%2.53%3.69%30-Sept.-110.02%0.06%0.13%0.25%0.42%0.96%1.92%2.90%2year3year-5yearloyear30yearMaturity30-Sept.-1O3O-Sept.-11Source:U.S.Treasury
To: Mayor and Town Council
From: Matthew B. Garrett, Finance Director
CC: Mike Land, Town Manager
Re: Town Council Meeting – December 13, 2011
Date: December 5, 2011
Agenda Item:
Consider and act on a resolution approving an Interlocal Agreement with the Region 8
Education Service Center, which sponsors The Interlocal Purchasing System (TIPS/TAPS),
providing a purchasing program for goods and services.
Description of Agenda Item:
This TIPS/TAPS Agreement will allow Prosper to purchase commodities and/or services, from
any and all TIPS/TAPS Official Contract Holders, under the same terms, conditions and price as
stated in each awarded contract. TIPS/TAPS has followed procurement procedures for
products and/or services offered by this Agreement in accordance with governing procurement
statutes and regulations. TIPS/TAPS covers several purchase types including facilities,
furniture, office supplies and technology.
Budget Impact:
There is no cost associated with becoming a TIPS/TAPS member. The administrative costs of
managing the cooperative are recovered through a percentage fee charged to each vendor per
purchase order.
Legal Obligations and Review:
No legal opinion was requested.
Attached Documents:
Resolution
Interlocal Agreement
Board/Committee Recommendation:
N/A
Town Staff Recommendation:
Staff recommends that the Town Council,
“Make a motion to approve a resolution approving an Interlocal Agreement with the
Region 8 Education Service Center, which sponsors The Interlocal Purchasing System
(TIPS/TAPS), providing a purchasing program for goods and services.”
Prosper is a place where everyone matters.
Administration
INTERLOCAL AGREEMENT
Region VIII Education Service Center
TEXAS PUBLIC AGENCY
(School, College, University, State, City or County Office)
Town of Prosper, Texas _________ -________ Control Number (TIPS will Assign)
Schools enter County-District Number
Region VIII Education Service Center 225 - 950
Mt. Pleasant, Texas County-District Number
Texas Education Code §8.002 permits regional education service centers, at the direction of the
Commissioner of Education, to provide services to assist school districts, colleges and universities
in improving student performance and increasing the efficiency and effectiveness of school, college
and university operations. Authority for such services is granted under Texas Government Code §§
791.001 et seq as amended. Cooperative Purchasing Services are extended to all Texas State,
City and County Government Agencies.
This Interlocal Agreement (hereinafter the “Agreement”) is effective ____________________ and
shall be automatically renewed unless either party gives sixty (60) days prior written notice of non-
renewal. This Agreement may be terminated without cause by either party upon (60) days prior
written notice, or may also be determined for cause at anytime upon written notice stating the
reason for and effective date of such terminations and after giving the affected party a thirty (30)
day period to cure any breach.
Statement of Services to be Performed:
Region VIII Education Service Center, by this Agreement, agrees to provide cooperative purchasing
services to the above-named public agency through a Program known as the The Interlocal
Purchasing System (TIPS/TAPS) Program.
The purpose of the TIPS/TAPS Program shall be to obtain substantial savings for participating
school entities or public agencies through cooperative purchasing.
Role of the TIPS/TAPS Purchasing Cooperative:
1. Provide for the organizational and administrative structure of the program.
2. Provide staff necessary for efficient operation of the program.
3. Provide marketing of the program to expand membership, number of vendor awarded
contracts and commodity categories.
4. Initiate and implement activities required for competitive bidding and vendor award process
including posting, advertising, collecting proposals, scoring proposals, and award of contracts.
5. Provide members with procedures for ordering, delivery, and billing.
6. Maintain filing system for all bidding procedure requirements.
Page 2 of 3
INTERLOCAL AGREEMENT, continued
Role of the Public Agency:
1. Commitment to participate in the program by an authorized signature on membership forms.
2. Designation of Primary Contact and Technology Contact for agency.
3. Commitment to purchase products and services from TIPS/TAPS Vendors when in the best
interest of the agency.
4. Prepare purchase orders issued to TIPS/TAPS Awarded Vendor and FAX to TIPS/TAPS.
5. Accept shipments of products ordered from Awarded Vendors in accordance with standard
purchasing procedures.
6. Pay Awarded Vendors in a timely manner for all goods and services received.
General Provisions:
The Parties agree to comply fully with all applicable federal, state, and local statutes, ordinances,
rules, and regulations in connection with the programs contemplated under this Agreement. This
Agreement is subject to all applicable present and future valid laws governing such programs.
This Agreement shall be governed by the law of the State of Texas and venue shall be in the county
in which the administrative offices of RESC VIII are located which is Titus County, Texas.
This Agreement contains the entire agreement of the Parties hereto with respect to the matters
covered by its terms, and it may not be modified in any manner without the express written consent
of the Parties.
If any term(s) or provision(s) of this Agreement are held by a court of competent jurisdiction to be
invalid, void, or unenforceable, the remainder of the provisions of this Agreement shall remain in full
force and effect
The Parties to this Agreement expressly acknowledge and agree that all monies paid pursuant to
this Agreement shall be paid from budgeted available funds for the current fiscal year of each such
entity.
Before any party may resort to litigation, any claims, disputes or other matters in question between
the Parties to this Agreement shall be submitted to nonbinding mediation
No Party to this Agreement waives or relinquishes any immunity or defense on behalf of
themselves, their directors, officers, employees, and agents as a result of its execution of this
Agreement and performance of the functions and obligations described herein.
This Agreement may be negotiated and transmitted between the Parties by means of a facsimile
machine and the terms and conditions agreed to are binding upon the Parties.
Authorization:
Region VIII Education Service Center and The Interlocal Purchasing System (TIPS/TAPS) Program
have entered into an Agreement to provide cooperative purchasing opportunities to public agencies.
Page 3 of 3
INTERLOCAL AGREEMENT, continued
This Agreement was approved by the governing boards of the respective parties at meetings that
were posted and held in accordance with the Texas Open Meetings Act, Texas Government Code
ch. 551.
The individuals signing below are authorized to do so by the respective parties to this Agreement.
Public Agency Region VIII Education Service Center
By: ______________________________ By: ______________________________
Authorized Signature Authorized Signature
Title: _______________________________ Title: Executive Director Region VIII ESC
_________________________________ ___________________________________
Date Date
Public Agency Contact Information
Matthew Garrett
Primary Purchasing Person Name
PO Box 307
Street Address
Prosper, TX 75078
City, State Zip
(972) 569-1019
Telephone Number
(972) 346-9335
Fax Number
matthew_garrett@prospertx.gov___________
Primary Person Email Address
Chris Moore with NCC DATA ( Outsourced IT)
Technology Person Name
support@nccdata.com___________________
Technology Person Email Address
Please send two signed original Interlocal Agreements and one copy of Board Resolution (if required) to
TIPS/TAPS, Attn: Kim Thompson, C/O Region VIII Education Service Center, PO Box 1894, Mt. Pleasant, Texas
75456-1894. Upon execution, a signed original will be returned to the Purchasing Contact listed above.
Resolution 11-66 1
TOWN OF PROSPER, TEXAS RESOLUTION NO. 11-66
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS
APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT
BETWEEN THE REGION 8 EDUCATION SERVICE CENTER, WHICH SPONSORS
THE INTERLOCAL PURCHASING SYSTEM, (TIPS/TAPS), PROVIDING FOR A
COOPERATIVE PURCHASING PROGRAM FOR GOODS AND SERVICES;
DESIGNATING MATTHEW GARRETT, FINANCE DIRECTOR, AS OFFICIAL
REPRESENTATIVE OF THE TOWN OF PROSPER RELATING TO THE PROGRAM.
WHEREAS, the Town of Prosper, Texas has been presented a proposed Interlocal
Agreement by and between the Region 8 Education Service Center, which sponsors The
Interlocal Purchasing System, and the Town of Prosper, Texas and found to be acceptable and in
the best interests of the Town of Prosper, Texas and its citizens, are hereby in all things
approved; and
WHEREAS, the Town of Prosper, Texas, pursuant to the authority granted under
Sections 271.101 to 271.102 of the local Government Code, desires to participate in the
described purchasing program sponsored by the Region 8 Education Service Center which is
known as The Interlocal Purchasing System, and in the opinion that participation in this program
will be highly beneficial to the taxpayers through the anticipated savings to be realized..
BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS:
Section 1. The Terms and conditions of the agreement having been reviewed by the
Town Council of the Town of Prosper, Texas and found to be acceptable and in the best interests
of the Town of Prosper, TX and its citizens are hereby in all things approved.
Section II. Matthew Garrett, the Finance Director of the Town of Prosper, Texas under
the direction of the Town Council of the Town of Prosper, Texas is hereby designated to act for
the Network including the designation of specific contracts in which the Town of Prosper, Texas
desires to participate.
Section III. This resolution shall become effective from and after its passage.
DULY PASSED AND APPROVED by the Town Council of the Town of Prosper, Collin, and
Denton Counties, Texas on this the 13th day of December, 2011.
_________________________________
Ray Smith, Mayor
ATTEST:
_____________________________________
Amy Piukana, TRMC Town Secretary
Page 1 of 2
To: Mayor and Town Council
From: Chris Copple, AICP, Planning & Zoning Manager
Cc: Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting – December 13, 2011
Date: December 8, 2011
Agenda Item:
Consider and act upon an ordinance granting a Specific Use Permit (SUP) for a Concrete Batching
Plant on 5.0± acres, located on the west side of Dallas Parkway, 900± feet south of First Street.
The property is zoned Planned Development-19-Commercial Corridor (PD-19-CC). (S11-0001).
Description of Agenda Item:
On November 8, 2011, the Town Council approved SUP case S11-0001, by a vote of 6-0, subject
to:
1. The SUP expires two years after the adoption of the Ordinance. The applicant may seek a
renewal term to the SUP in order to continue the Concrete Batching Plant use.
2. An onsite billing office is required to continue the Concrete Batching Plant use. All concrete
deliveries from the physical Prosper location shall be billed as taxable to the Town of Prosper.
3. Town of Prosper reserves the right to audit books to ensure that Prosper is the primary HUB for
tax revenue and upon inspections, if there are any failures to correct errors; Town of Prosper
reserves the right to revoke the SUP.
Town staff has prepared an ordinance granting a Specific Use Permit (SUP) for a Concrete
Batching Plant on the property, which meets the conditions of approval by the Town Council.
Budget Impact:
There are no significant budget implications associated with the approval of this SUP request.
Legal Obligations and Review:
Zoning Ordinance 05-20 requires that the Town Council hold a public hearing before approving a
SUP request and adopting an ordinance granting a SUP. A public hearing has been held and the
Town Council approved the SUP request. Review of the ordinance by the Town Attorney is not
required.
Attached Documents:
1. The Ordinance granting a Specific Use Permit (SUP) for a Concrete Batching Plant on the
property is attached.
Prosper is a place where everyone matters.
PLANNING
Page 2 of 2
Town Staff Recommendation:
Town staff recommends the Town Council adopt the attached ordinance granting a Specific Use
Permit (SUP) for a Concrete Batching Plant on 5.0± acres, located on the west side of Dallas
Parkway, 900± feet south of First Street.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 11-73
AN ORDINANCE AMENDING PROSPER’S ZONING ORDINANCE NO. 05-20
AND ORDINANCE NO. 09-136; GRANTING A SPECIFIC USE PERMIT (SUP)
FOR CONCRETE BATCHING PLANT, LOCATED ON A TRACT OF LAND
CONSISTING OF 4.955 ACRES, MORE OR LESS, SITUATED IN THE COLLIN
COUNTY SCHOOL LAND SURVEY NO. 12, ABSTRACT NO. 147, BLOCK 4,
TRACT 36, LOCATED AT 570 SOUTH DALLAS PARKWAY, IN THE TOWN
OF PROSPER, COLLIN COUNTY, TEXAS; DESCRIBING THE TRACT TO BE
REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;
AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has
investigated and determined that Zoning Ordinance No. 05-20 and Ordinance No. 09-136 should be
amended; and
WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from A & J Owens
LTD. (“Applicant”) for a Specific Use Permit (SUP) to allow for a Concrete Batching Plant on a tract of
land zoned Planned Development-19-Commercial Corridor (PD-19), consisting of 4.955 acres of land,
more or less, situated in the Collin County School Land Survey No. 12, Abstract No. 147, Block 4, Tract
36, located at 570 South Dallas Parkway, in the Town of Prosper, Collin County, Texas, and being
particularly being described in Exhibit “A”, attached hereto and incorporated herein for all purposes; and
WHEREAS, the Town Council has investigated into and determined that the facts contained in
the request are true and correct; and
WHEREAS, all legal notices required to grant a Specific Use Permit (SUP) have been given in
the manner and form set forth by law, public hearings have been held and all other requirements of notice
and completion of such procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body
of this Ordinance as if fully set forth herein.
SECTION 2: Specific Use Permit Granted. Zoning Ordinance No. 05-20 and Ordinance No. 09-136 is
amended as follows: Applicant is granted a Specific Use Permit (SUP) to allow the operation of a
Concrete Batching Plant, on a tract of land zoned Planned Development-19-Commercial Corridor (PD-
19), consisting of 4.955 acres of land, more or less, situated in the Collin County School Land Survey No.
12, Abstract No. 147, Block 4, Tract 36, located at 570 South Dallas Parkway, in the Town of Prosper,
Collin County, Texas, and being particularly being described in Exhibit “A”, attached hereto and
incorporated herein for all purposes as if set forth verbatim, subject to the following conditions of
approval by the Town Council:
1. The SUP expires two years after the adoption of the Ordinance. The applicant may seek a renewal term
to the SUP in order to continue the Concrete Batching Plant use.
2. An onsite billing office is required to continue the Concrete Batching Plant use. All concrete deliveries
from the physical Prosper location shall be billed as taxable to the Town of Prosper.
3. Town of Prosper reserves the right to audit books to ensure that Prosper is the primary HUB for tax
revenue and upon inspections, if there are any failures to correct errors; Town of Prosper reserves the
right to revoke the SUP.
The property shall continue to be used in a manner consistent with the conditions expressly stated in the
site plan, attached hereto as Exhibit “B”, which is incorporated herein for all purposes as if set forth
verbatim.
Except as amended by this Ordinance, the development of the Property within this Specific Use Permit
(SUP) shall comply fully with the requirements of all ordinances, rules, and regulations of the Town of
Prosper, as they currently exist or may be amended.
Three original, official and identical copies of the zoning exhibit map are hereby adopted and
shall be filed and maintained as follows:
a. Two (2) copies shall be filed with the Town Secretary and retained as original records and
shall not be changed in any matter.
b. One (1) copy shall be filed with the Building Inspector and shall be maintained up-to-date by
posting thereon all changes and subsequent amendments for observation, issuing building
permits, certificates of compliance and occupancy and enforcing the zoning ordinance.
Reproduction for information purposes may from time-to-time be made of the official zoning
district map.
Written notice of any amendment to this District shall be sent to all owners of properties within
the District as well as all properties within two hundred feet (200’) of the District to be amended.
SECTION 3: Specific Use Permit Expiration Date. This Specific Use Permit shall expire on
December 13, 2013. The applicant may seek an extension to the Specific Use Permit by following the
procedure in Chapter 2, Section 25 of the Zoning Ordinance as it currently exists or may be amended.
SECTION 4: No Vested Interest/Repeal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of this
Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 5: Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation
to make use of said premises in some manner other than as authorized by this Ordinance, and shall be
unlawful for any person, firm or corporation to construct on said premises any building that is not in
conformity with the permissible uses under this Zoning Ordinance.
SECTION 6: Penalty. Any person, firm, corporation or business entity violating this Ordinance or
any provision of Prosper’s Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars
($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a separate offense.
The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin
the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and
federal law.
SECTION 7: Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force and effect.
Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or
phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and
phrases be declared unconstitutional or invalid.
SECTION 8: Savings/Repealing Clause. Prosper’s Zoning Ordinance No. 05-20 shall remain in
full force and effect, save and except as amended by this or any other Ordinance. All provisions of any
ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such
repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal
prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the
ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 9: Effective Date. This Ordinance shall become effective from and after its adoption
and publications as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS ON THIS 13th DAY OF DECEMBER, 2011.
APPROVED AS TO FORM:
______________________________
Ray Smith, Mayor
ATTESTED TO AND
CORRECTLY RECORDED BY:
_________________________________
Amy Piukana, Town Secretary
DATE OF PUBLICATION: ____________________________, Prosper Press
Agenda Item No. _ - Page 1 of 1
To: Mayor and Town Council
From: Chris Copple, AICP, Planning & Zoning Manager
Cc: Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting – December 13, 2011
Date: December 8, 2011
Agenda Item:
Consider and act upon an ordinance amending Chapter 4, Section 6.2(A)(8) (Outdoor Lighting) of
the Town’s Zoning Ordinance. (Z11-0010).
Description of Agenda Item:
On November 8, 2011, the Town Council approved zoning case Z11-0010, by a vote of 6-0. Town
staff has prepared an ordinance rezoning the property.
Budget Impact:
There are no significant budget implications associated with the approval of this zoning
amendment.
Legal Obligations and Review:
Zoning Ordinance 05-20 requires the Town Council hold a public hearing before approving an
amendment to the Zoning Ordinance. A public hearing has been held and the Town Council
approved the zoning amendment. The Town Attorney drafted the ordinance.
Attached Documents:
1. The ordinance amending Chapter 4, Section 6.2(A)(8) (Outdoor Lighting) of the Town’s
Zoning Ordinance.
Town Staff Recommendation:
Town staff recommends the Town Council adopt an ordinance amending Chapter 4, Section
6.2(A)(8) (Outdoor Lighting) of the Town’s Zoning Ordinance.
Prosper is a place where everyone matters.
PLANNING
1
TOWN OF PROSPER, TEXAS ORDINANCE NO. 11-74
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
CHAPTER 4, SECTION 6.2(A)(8) OF ZONING ORDINANCE NO. 05-20;
PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF
THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”) has determined
that Chapter 4, Section 6.2(A)(8) of the Town of Prosper, Texas (“Prosper”) Zoning Ordinance No.05-20
should be amended; and
WHEREAS, Prosper has complied with all notices and public hearings as required by law; and
WHEREAS, the Town Council finds that it will be advantageous, beneficial and in the best
interest of the citizens of Prosper to amend Prosper's Zoning Ordinance No. 05-20 as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body
of this Ordinance as if fully set forth herein.
SECTION 2: Amendment to Prosper’s Zoning Ordinance No. 05-20. Chapter 4, Section
6.2(A)(8) of the Town of Prosper's Zoning Ordinance No. 05-20 is hereby amended to read as follows:
Chapter 4, Section 6.2(A)(8)
6.2(A)(8): Any open area used for motor vehicle parking, storage or access shall be illuminated with
freestanding luminaries. Freestanding luminaries are permitted to be a maximum of thirty
(30) feet in height. When a luminary is located within one hundred (100) feet of protected
residential property, the maximum permitted luminaries height shall be twenty (20) feet. All
luminaries must have a total cutoff angle equal to or less than ninety (90) degrees. The use of
exterior lighting with a cutoff angle greater than ninety (90) degrees shall be permitted only
when the Building Official finds the following:
(i) that the proposed lighting is not in conflict with the stated purpose;
(ii) that the proposed lighting will not unreasonably harm or restrict public health, safety
and welfare or create a nuisance; and
(iii) the proposed lighting will not result in an impairment of vision creating a hazard for
vehicular or pedestrian traffic.
SECTION 3: Savings/Repealing Clause: Prosper’s Zoning Ordinance No. 05-20 shall remain in
full force and effect, save and except as amended by this or any other Ordinance. All provisions of any
ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending
prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being
2
commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of
said ordinance shall remain in full force and effect.
SECTION 4: Severability: Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force and effect.
Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or
phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and
phrases be declared unconstitutional or invalid.
SECTION 5: Penalty Provision. Any person, firm, corporation or business entity violating this
Ordinance or any provision of Prosper’s Zoning Ordinance No. 05-20, or as amended, shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Two Thousand
Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate
offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to
enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state
and federal law.
SECTION 6: Effective Date: This Ordinance shall become effective from and after its adoption
and publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS ON THIS 13th DAY OF DECEMBER, 2011.
APPROVED AS TO FORM:
_____________________________
Ray Smith, Mayor
ATTESTED TO AND
CORRECTLY RECORDED BY:
____________________________
Amy Piukana, Town Secretary
DATE OF PUBLICATION: ______________________________, Prosper Press.
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
CC: Mike Land, Town Manager
Re: Town Council Meeting – December 13, 2011
Date: December 8, 2011
Agenda Item:
Consider and act upon 1) an Escrow Agreement between the Town of Prosper and Prosper
Independent School District related to the future construction of improvements on Coleman
Street, Frontier Parkway and the future North-South Collector adjacent to the High School
Property and 2) a resolution authorizing the Town Manager to execute the same.
Description of Agenda Item:
In conjunction with the development of the Prosper High School, the Prosper Independent
School District (PISD) was required to provide funds to the Town of Prosper for construction of
future improvements on Coleman Street, Frontier Parkway and the future North-South Collector
adjacent to the High School. These improvements are listed as follows:
• Coleman Street: $126,203.55
o Future construction of three (3) left turn lanes and three (3) full median openings
for the three (3) Prosper High School driveway locations. Costs include one half
(1/2) of the median street lighting and landscape costs. Engineering design fees
are included.
• Frontier Parkway: $135,434.31
o Future construction of one (1) left turn lane, one half (1/2) median opening, and
one (1) deceleration lane for the Prosper High School driveway. Costs include
one half (1/2) of the median street lighting and landscape costs plus full sidewalk
along Prosper High School frontage. Engineering design fees are included.
• North-South Collector adjacent to the High School: $ 37,961
o Future construction of full sidewalk along Prosper High School frontage.
Engineering design fees are included.
While the Town’s Thoroughfare and Circulation Design Requirements allows for the escrow of
the future improvements prior to the occupancy of its facilities, it does not allow the escrow of
these improvements to be delayed until the construction of the improvements. Staff has
discussed this issue with the PISD and is in support of delaying the receipt of the escrow funds
until such time as these improvements are constructed.
ENGINEERING
Prosper is a place where everyone matters.
Page 2 of 2
The attached agreement between the Town of Prosper and the PISD obligates the PISD to
deposit with the Town an estimated $299,598.86 towards the construction of the improvements
listed on the previous page and in the agreement within 15 days after receiving written notice
from the Town of the intent to bid out the contract to construct Coleman Street, Frontier
Parkway, and/or the North-South Collector adjacent to the High School. Any cost overruns will
be paid by the PISD within 30 days of receiving written notice from the Town. Any remaining
escrow funds left after the Town has accepted the improvements shall be returned to the PISD.
Interest earned on the escrow funds may be utilized by the Town for any purpose.
Budget Impact:
N/A
Legal Obligations and Review:
Escrow Agreement was prepared by the Town Attorney
Attached Documents:
The following documentation is being provided for review:
1. Escrow Agreement
2. Resolution
Town Staff Recommendation:
Town staff recommends that the Town Council: 1) approve an Escrow Agreement with Prosper
Independent School District related to the future construction of improvements on Coleman
Street, Frontier Parkway and the future North-South Collector adjacent to the High School
Property and 2) approve a resolution authorizing the Town Manager to execute the same.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 11-67
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE AN ESCROW
AGREEMENT FOR FUTURE CONSTRUCTION OF IMPROVEMENTS
ON COLEMAN STREET, FRONTIER PARKWAY AND THE FUTURE
NORTH-SOUTH COLLECTOR ADJACENT TO THE HIGH SCHOOL
PROPERTY BETWEEN PROSPER INDEPENDENT SCHOOL
DISTRICT AN D THE TOWN OF PROSPER.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby
authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, an
Escrow Agreement for future construction of improvements on Coleman Street, Frontier
Parkway and the future North-South Collector adjacent to the High School Property
between Prosper Independent School District and the Town of Prosper, as hereto
attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 13th day of December, 2011.
_________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana
Town Secretary
Agenda Item No. __ - Page 1 of 2
To: Mayor and Town Council
From: Frank E. Jaromin, P.E., Director of Public Works
CC: Mike Land, Town Manager
Re: Town Council Meeting December 13, 2011
Date: November 26, 2011
Agenda Item:
Consider and act upon adopting a Water Conservation and Drought Contingency and
Water Emergency Response Plan; Establishing Criteria for the initiation and termination
of drought response states; establishing restrictions on certain water uses; establish
penalties for the violation and provisions for enforcement of these restrictions;
establishing procedures for granting variances; repealing Ordinance no’s 96-23, 00-20,
01-11, 02-30 and 06-01; Providing for repealing savings and severability clauses;
providing for an effective date of this ordinance; and providing for the publication of the
caption hereof.
Description of Agenda Item:
The Town of Prosper currently maintains a Conservation and Drought Contingency Plan
last updated in 2006. North Texas Municipal Water District (NTMWD) has provided an
updated plan for our use which better models theirs. This water conservation and
drought contingency and water emergency response plan was prepared by Freese and
Nichols for the (NTMWD). It is intended to be used as a guide by NTMWD Member
Cities and Customers as they develop their own water conservation and drought
contingency and water emergency response plans. The model plan was prepared
pursuant to Texas Commission on Environmental Quality rules. Some material is based
on the existing water conservation plans listed in Appendix A. To develop a regional
approach, the conservation plans for the City of Fort Worth and the City of Dallas were
consulted.
The model water conservation and drought contingency and water emergency response
plan is based on the Texas Administrative Code in effect on August 31, 2007. The
Texas Commission on Environmental Quality (TCEQ) implemented regulations in
compliance with the mandates of Senate Bill 3 and House Bill 4 enacted in 2007 by the
80th Texas Legislature. The regulations have been considered in the preparation of this
plan. The following items are presented in the regulations:
Public Works
Agenda Item No. __ - Page 2 of 2
A definition for “best management practices”.
A copy of the plan must be submitted to the Executive Administrator of the Texas
Water Development Board.
An annual progress report will be required to be submitted to the Texas Water
Development Board. (The annual report may be in a different format than the
annual report included in Appendix I).
Requirement that water suppliers providing service to 3,300 or more connections
must prepare a water conservation plan.
Enforcement authority in relation to violations of the rules regulating water
conservation plans and annual report is provided to the Texas Water Development
Board.
Budget Impact:
No budget impact.
Legal Obligations and Review:
Legal review of Ordinance number 11-57
Attached Documents:
The following documentation is being provided for review:
• Ordinance number 11-57
• Water Conservation and Drought Contingency and Water Emergency Response
Plan November 2011.
Board, Committee and/or Staff Recommendation:
Town staff recommends the Town Council approve an ordinance amending a Water
Conservation and Drought Contingency and Water Emergency Response Plan;
Establishing Criteria for the initiation and termination of drought response states;
establishing restrictions on certain water uses; establish penalties for the violation and
provisions for enforcement of these restrictions; establishing procedures for granting
variances; repealing Ordinance no’s 96-23, 00-20, 01-11, 02-30 and 06-01; Providing
for repealing savings and severability clauses; providing for an effective date of this
ordinance; and providing for the publication of the caption hereof.
Ordinance Repealing Existing Drought Contingency Plan Ordinances and Adopting New Plan Page 1
602302.1
TOWN OF PROSPER, TEXAS ORDINANCE NO. 11-57
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, REPEALING
ORDINANCE NO. 96-23, AS AMENDED BY ORDINANCE NOS. 00-20, 01-
11, 02-30 AND 06-01; ADOPTING A WATER CONSERVATION AND
DROUGHT CONTINGENCY AND WATER EMERGENCY RESPONSE
PLAN; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING FOR REPEALING SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE
OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF
THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”)
previously adopted a Water Conservation and Drought Contingency and Water Emergency
Response Plan (“Existing Plan”) under Ordinance No. 96-23, as amended by Ordinance Nos. 00-
20, 01-11, 02-30 and 06-01 (“Existing Plan Ordinances”); and
WHEREAS, the Town Council has investigated and determined that the amount of water
available to the Town of Prosper, Texas (“Town”), its citizens and water customers is limited;
and
WHEREAS, the Town Council has further investigated and determined that due to
natural limitations, drought conditions, system failures and other acts of God which may occur,
the Town cannot guarantee an uninterrupted water supply for all purposes at all times; and
WHEREAS, the Texas Water Code and the regulations of the Texas Commission on
Environmental Quality (“Commission”) require that the Town adopt a Water Conservation and
Drought Contingency and Water Emergency Response Plan; and
WHEREAS, the Town Council has investigated and determined that an urgent need
exists to repeal the Existing Plan Ordinances and Existing Plan and adopt a new Water
Conservation and Drought Contingency and Water Emergency Response Plan which the Town
finds will be in the best interest of the Town, its citizens and water customers as set forth below;
and
WHEREAS, pursuant to Chapter 54 of the Texas Local Government Code, the Town
Council is authorized to adopt such ordinances as it deems necessary to preserve, protect and
conserve its water resources; and
WHEREAS, the Town Council has investigated and determined that it is in the best
interest of the Town, its citizens and water customers to adopt the North Texas Municipal Water
District’s Water Conservation and Drought Contingency and Water Emergency Response Plan,
as modified for the Town (“New Plan”), as the official Town policy for water conservation; and
Ordinance Repealing Existing Drought Contingency Plan Ordinances and Adopting New Plan Page 2
602302.1
WHEREAS, the Town Council has further investigated and determined that it will be
advantageous and beneficial to the Town, its citizens and water customers to adopt the New Plan
in order to preserve, promote and protect the public health, safety and welfare.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS THAT:
Section 1. Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
Section 2. Repeal of Existing Plan Ordinances. The Existing Plan Ordinances are
hereby repealed in their entirety and replaced by this Ordinance. The effective date of the repeal
discussed in this Section shall not occur until the effective date of this Ordinance at which time
the Existing Plan Ordinances shall be repealed. Such repeal shall not abate any pending
prosecution and/or lawsuit or prevent any prosecution and/or lawsuit from being commenced for
any violation of the Existing Plan Ordinances occurring before the effective date of this
Ordinance.
Section 3. Adoption of New Plan. The Town Council hereby approves and adopts for
the Town, its citizens and water customers the New Plan, attached hereto as Exhibit “A” and
incorporated herein for all purposes.
Section 4. Penalty. Any person, firm, corporation or entity violating this Ordinance shall
be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not
exceeding Two Thousand Dollars ($2,000.00) per day. Each continuing day’s violation under
this Ordinance shall constitute a separate offense. The penal provisions imposed under this
Ordinance shall not preclude the Town from filing suit to enjoin the violation. The Town retains
all legal rights and remedies available to it pursuant to local, state and federal law.
Section 5. Savings/Repealing. All provisions of any ordinance in conflict with this
Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate
any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a
prosecution from being commenced for any violation if occurring prior to the repeal of the
ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
Section 6. Severability. Should any section, subsection, sentence, clause or phrase of
this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full
force and effect. The Town hereby declares that it would have passed this Ordinance, and each
section, subsection, sentence, clause or phrase thereof regardless of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
Section 7. Filing of Ordinance and New Plan with Commission. The Town Manager,
or his designee, is hereby directed to file a copy of the New Plan and this Ordinance with the
Commission in accordance with Title 30, Chapter 288 of the Texas Administrative Code.
Ordinance Repealing Existing Drought Contingency Plan Ordinances and Adopting New Plan Page 3
602302.1
Section 8. Effective Date. This Ordinance shall become effective from and after
its adoption and publication as required by the Town Charter and by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS, on this _____ day of December, 2011.
_____________________________________
RAY SMITH, Mayor
ATTESTED AND CORRECTLY
RECORDED:
________________________________
AMY PIUKANA, Town Secretary
Date(s) of Publication: _________________, the Dallas Morning News – Collin County Edition
Ordinance Repealing Existing Drought Contingency Plan Ordinances and Adopting New Plan Page 4
602302.1
Exhibit “A”
THE NEW PLAN
(____ pages attached)
__________________________________
Frank E. Jaromin, P.E.
Prepared by:
Frank E. Jaromin, P.E.
Prosper Public Works
Prosper Texas
972.347.9969
WATER
CONSERVATION
AND DROUGHT
CONTINGENCY
AND WATER
EMERGENCY
RESPONSE PLAN
November 2011
FORWARD
This water conservation and drought contingency and water emergency response plan
was prepared by Freese and Nichols for the North Texas Municipal Water District
(NTMWD). It is intended to be used as a guide by NTMWD Member Cities and
Customers as they develop their own water conservation and drought contingency and
water emergency response plans. The model plan was prepared pursuant to Texas
Commission on Environmental Quality rules. Some material is based on the existing
water conservation plans listed in Appendix A. To develop a regional approach, the
conservation plans for the City of Fort Worth and the City of Dallas were consulted.
Questions regarding this model water conservation and drought contingency and water
emergency response plan should be addressed to the following:
Tom Gooch, P.E. Stephanie Griffin, P.E. Denise Hickey
Freese and Nichols, Inc. Freese and Nichols, Inc. North Texas Municipal
(817) 735-7300 (817) 735-7300 Water District
tcg@freese.com swg@freese.com (972) 442-5405
dhickey@ntmwd.com
The model water conservation and drought contingency and water emergency response
plan is based on the Texas Administrative Code in effect on August 31, 2007. The Texas
Commission on Environmental Quality (TCEQ) is currently preparing additional
regulations in compliance with the mandates of Senate Bill 3 and House Bill 4 enacted in
2007 by the 80th Texas Legislature. The draft regulations have been considered in the
preparation of this plan. The following items are presented in the draft regulations and
are not currently in the regulations:
A definition for “best management practices” will be added.
A copy of the plan must be submitted to the Executive Administrator of the Texas
Water Development Board.
An annual progress report will be required to be submitted to the Texas Water
Development Board. (The annual report may be in a different format than the annual
report included in Appendix I).
Requirement that water suppliers providing service to 3,300 or more connections
must prepare a water conservation plan.
Enforcement authority in relation to violations of the rules regulating water
conservation plans and annual report is provided to the Texas Water Development
Board.
None of the proposed adjustments will cause this model plan to be obsolete. The most
current annual report form should be obtained from TCEQ when preparing the annual
report (Appendix I) to submit to the TCEQ. A copy of the annual report should be sent to
the Texas Water Development Board as well as to the TCEQ.
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
i
TABLE OF CONTENTS
1. INTRODUCTION AND OBJECTIVES ............................................................... 1-1
2. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES ............ 2-1
2.1 Conservation Plans......................................................................................... 2-1
2.2 Drought Contingency Plans ........................................................................... 2-2
3. WATER UTILITY PROFILE ................................................................................ 3-1
4. SPECIFICATION OF WATER CONSERVATION GOALS ............................ 4-1
5. METERING, WATER USE RECORDS, CONTROL OF UNACCOUNTED
WATER, AND LEAK DETECTION AND REPAIR .......................................... 5-1
5.1 Accurate Metering of Treated Water Deliveries from NTMWD .................. 5-1
5.2 Metering of Customer and Public Uses and Meter Testing, Repair, and
Replacement ................................................................................................... 5-1
5.3 Record Management System ......................................................................... 5-1
5.4 Determination and Control of Unaccounted Water ....................................... 5-1
5.5 Leak Detection and Repair............................................................................. 5-2
5.6 Monitoring of Effectiveness and Efficiency - Annual Water Conservation
Report ............................................................................................................. 5-2
5.7 Water Conservation Implementation Report ................................................. 5-2
6. CONTINUING PUBLIC EDUCATION AND INFORMATION CAMPAIGN 6-1
7. WATER RATE STRUCTURE ............................................................................... 7-1
8. OTHER WATER CONSERVATION MEASURES ............................................ 8-1
8.1 NTMWD System Operation Plan .................................................................. 8-1
8.2 Reuse and Recycling of Wastewater.............................................................. 8-1
8.3 Ordinances, Plumbing Codes, or Rules on Water-Conserving Fixtures ........ 8-1
8.4 Landscape Water Management Measures ..................................................... 8-1
8.5 Additional Water Conservation Measures (Not Required) ............................ 8-2
8.6 Requirement for Water Conservation Plans by Wholesale Customers ......... 8-3
8.7 Coordination with Regional Water Planning Group and NTMWD .............. 8-4
9. IMPLEMENTATION AND ENFORCEMENT OF THE WATER
CONSERVATION PLAN ....................................................................................... 9-1
10. REVIEW AND UPDATE OF WATER CONSERVATION PLAN.................. 10-1
11. DROUGHT CONTINGENCY AND WATER EMERGENCY RESPONSE
PLAN ....................................................................................................................... 11-1
11.1 Introduction .................................................................................................. 11-1
11.2 State Requirements for Drought Contingency and Water Emergency
Response Plans............................................................................................. 11-1
11.3 Provisions to Inform the Public and Opportunity for Public Input .............. 11-2
11.4 Provisions for Continuing Public Education and Information ..................... 11-2
11.5 Initiation and Termination of Drought or Water Emergency Response
Stages ........................................................................................................... 11-3
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
ii
11.6 Drought Contingency and Water Emergency Response Stages and
Measures ...................................................................................................... 11-4
11.7 Procedures for Granting Variances to the Plan .......................................... 11-12
11.8 Procedures for Enforcing Mandatory Water Use Restrictions .................. 11-13
11.9 Coordination with the Regional Water Planning Groups .......................... 11-13
11.10 Review and Update of Drought Contingency and Water Emergency
Response Plan ............................................................................................ 11-13
APPENDICES
APPENDIX A List of References
APPENDIX B Texas Commission on Environmental Quality Rules on
Municipal Water Conservation and Drought Contingency
Plans
• Texas Administrative Code Title 30, Part 1, Chapter 288,
Subchapter A, Rule §288.1 – Definitions (Page B-1)
• Texas Administrative Code Title 30, Part 1, Chapter 288,
Subchapter A, Rule §288.2 – Water Conservation Plans for
Municipal Uses by Public Water Suppliers (Page B-4)
• Texas Administrative Code Title 30, Part 1, Chapter 288,
Subchapter B, Rule §288.20 – Drought Contingency Plans for
Municipal Uses by Public Water Suppliers (Page B-7)
APPENDIX C TCEQ Water Utility Profile
APPENDIX D NTMWD Member City and Customer Annual Water
Conservation Report
APPENDIX E Considerations for Landscape Water Management Regulations
APPENDIX F Letters to Region C and Region D Water Planning Groups
APPENDIX G Adoption of Water Conservation and Drought Contingency
and Water Emergency Response Plan
• Town of Prosper Ordinance number 11-57 Adopting Water
Conservation and Drought Contingency and Water Emergency
Response Plan
APPENDIX H Illegal Water Connections and Theft of Water
• Not used
APPENDIX I N/A
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
1-1
Water Conservation and Drought Contingency and Water Emergency
Response Plan for Town of Prosper
November 2011
1. INTRODUCTION AND OBJECTIVES
Water supply has always been a key issue in the development of Texas. In recent years, the
growing population and economic development of North Central Texas has led to increasing
demands for water supplies. At the same time, local and less expensive sources of water
supply are largely developed. Additional supplies to meet higher demands will be
expensive and difficult to develop. It is therefore important that the Town of Prosper make
the most efficient use of existing supplies. This will delay the need for new supplies,
minimize the environmental impacts associated with developing new supplies, and delay the
high cost of additional water supply development.
Recognizing the need for efficient use of existing water supplies, the Texas Commission on
Environmental Quality (TCEQ) has developed guidelines and requirements governing the
development of water conservation and drought contingency plans for public water
suppliers. 1, 2 TCEQ guidelines and requirements are included in Appendix B. The best
management practices established by the Water Conservation Implementation Task Force 3,
established pursuant to SB1094 by the 78th Legislature, were also considered in the
development of the water conservation measures. The North Texas Municipal Water
District (NTMWD) has developed this model water conservation and drought contingency
and water emergency response plan for its Member Cities and Customers following TCEQ
guidelines and requirements. This water conservation and drought contingency and water
emergency response plan was developed in concert with the NTMWD’s water conservation
and drought contingency and water emergency response plan. 4 This model water
conservation and drought contingency and water emergency response plan replaces the
model plans dated November 2005 and August 2006.
The water conservation sections of this plan include measures that are intended to result in
ongoing, long-term water savings. The drought contingency and water emergency response
sections of this plan address strategies designed to temporarily reduce water use in response
to specific conditions.
The objectives of this model water conservation plan are as follows:
To reduce water consumption from the levels that would prevail without
conservation efforts.
To reduce the loss and waste of water.
To improve efficiency in the use of water.
1 Superscripted numbers match references listed in Appendix A.
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
1-2
To document the level of recycling and reuse in the water supply.
To extend the life of current water supplies by reducing the rate of growth in
demand.
The water conservation plan presented in this document is a model water conservation plan
intended for adoption by the NTMWD Member Cities and Customers. In order to adopt this
plan, each Member City and Customer will need to do the following:
Complete the water utility profile (provided in Appendix C).
Complete the annual water conservation implementation report (in Appendix I).
Set five-year and ten-year goals for per capita water use.
Adopt ordinance(s) or regulation(s) approving the model plan.
The water utility profile, goals, and ordinance(s) or regulations should be provided to
NTMWD in draft form for review and comments. Final adopted versions should also be
provided to NTMWD, as well as TCEQ.
This model plan includes all of the elements required by TCEQ. Some elements of this
model plan go beyond TCEQ requirements. Any water supplier wishing to adjust elements
of the plan should coordinate with NTMWD.
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
2-1
2. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES
2.1 Conservation Plans
The TCEQ rules governing development of water conservation plans for public water
suppliers are contained in Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.2 of the
Texas Administrative Code, which is included in Appendix B. For the purpose of these
rules, a water conservation plan is defined as “A strategy or combination of strategies for
reducing the volume of water withdrawn from a water supply source, for reducing the loss
or waste of water, for maintaining or improving the efficiency in the use of water, for
increasing the recycling and reuse of water, and for preventing the pollution of water.”1 The
elements in the TCEQ water conservation rules covered in this conservation plan are listed
below.
Minimum Conservation Plan Requirements
The minimum requirements in the Texas Administrative Code for Water Conservation Plans
for Public Water Suppliers are covered in this report as follows:
288.2(a)(1)(A) – Utility Profile – Section 3 and Appendix C
288.2(a)(1)(B) – Specification of Goals – Section 4
288.2(a)(1)(C) – Specific, Quantified Goals – Section 4
288.2(a)(1)(D) – Accurate Metering – Sections 5.1 and 5.2
288.2(a)(1)(E) – Universal Metering – Section 5.2
288.2(a)(1)(F) – Determination and Control of Unaccounted Water – Section 5.4
288.2(a)(1)(G) – Public Education and Information Program – Section 6
288.2(a)(1)(H) – Non-Promotional Water Rate Structure – Section 7
288.2(a)(1)(I) – Reservoir System Operation Plan – Section 8.1
288.2(a)(1)(J) – Means of Implementation and Enforcement – Section 9
288.2(a)(1)(K) – Coordination with Regional Water Planning Group – Section 8.7
and Appendix F
288.2(c) – Review and Update of Plan – Section 10
Conservation Additional Requirements (Population over 5,000)
The Texas Administrative Code includes additional requirements for water conservation
plans for drinking water supplies serving a population over 5,000:
288.2(a)(2)(A) – Leak Detection, Repair, and Water Loss Accounting – Sections
5.4, 5.5, and 5.6
288.2(a)(2)(B) – Record Management System – Section 5.3
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
2-2
288.2(a)(2)(C) – Requirement for Water Conservation Plans by Wholesale
Customers – Section 8.6
Additional Conservation Strategies
The TCEQ requires that a water conservation implementation report be completed and
submitted on an annual basis. This report is included in Appendix I.
In addition to the TCEQ required water conservation strategies, the NTMWD also requires
the following strategy to be included in the Town of Prosper plans:
288.2(a)(3)(F) – Considerations for Landscape Water Management Regulations –
Section 8.4 and Appendix E
TCEQ rules also include optional, but not required, conservation strategies, which may be
adopted by suppliers. The NTMWD recommends that the following strategies be included
in the Town of Prosper’s water conservation plans:
288.2(a)(3)(A) – Conservation Oriented Water Rates – Section 7
288.2(a)(3)(B) – Ordinances, Plumbing Codes or Rules on Water-Conserving
Fixtures – Section 8.3
288.2(a)(3)(C) – Replacement or Retrofit of Water-Conserving Plumbing Fixtures –
Section 8.5
288.2(a)(3)(D) – Reuse and Recycling of Wastewater – Section 8.2
288.2(a)(3)(F) – Considerations for Landscape Water Management Regulations –
Section 8.5 and Appendix E
288.2(a)(3)(G) – Monitoring Method – Section 5.6
288.2(a)(3)(H) – Additional Conservation Ordinance Provisions – Section 8.5
2.2 Drought Contingency Plans
The TCEQ rules governing development of drought contingency plans for public water
suppliers are contained in Title 30, Part 1, Chapter 288, Subchapter B, Rule 288.20 of the
Texas Administrative Code, a current copy of which is included in Appendix B. For the
purpose of these rules, a drought contingency and water emergency response plan is defined
as “a strategy or combination of strategies for temporary supply and demand management
responses to temporary and potentially recurring water supply shortages and other water
supply emergencies.” 2
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
3-1
3. WATER UTILITY PROFILE
Appendix C to this model water conservation and drought contingency and water
emergency response plan is a sample water utility profile based on the format recommended
by the TCEQ. In adopting this model water conservation plan, the Town of Prosper will
provide a draft water utility profile to NTMWD for review and comment. A final water
utility profile will be provided to NTMWD.
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
4-1
4. SPECIFICATION OF WATER CONSERVATION GOALS
TCEQ rules require the adoption of specific water conservation goals for a water
conservation plan. As part of plan adoption, the Town of Prosper must develop 5-year and
10-year goals for per capita municipal use. These goals should be submitted to NTMWD in
draft form for review. The goals for this water conservation plan include the following:
Maintain the per capita municipal water use below the specified amount in gallons
per capita per day in a dry year, as shown in the completed Table 4.1.
Maintain the level of unaccounted water in the system below 12 percent annually in
2008 and subsequent years, as discussed in Section 5.4. (The 12 percent goal for
unaccounted water is recommended but is not required. Systems with long distances
between customers may adopt a higher unaccounted water goal.)
Implement and maintain a program of universal metering and meter replacement and
repair, as discussed in Section 5.2.
Increase efficient water usage through a water conservation ordinance, order or
resolution as discussed in Section 8.4 and Appendix E. (This ordinance is required
by the NTMWD.)
Decrease waste in lawn irrigation by implementation and enforcement of landscape
water management regulations, as discussed in Section 8.5. (These landscape water
management regulations are recommended but are not required.)
Raise public awareness of water conservation and encourage responsible public
behavior by a public education and information program, as discussed in Section 6.
Develop a system specific strategy to conserve water during peak demands, thereby
reducing the peak use.
Table 4.1
Five-Year and Ten-Year Municipal Per Capita Water Use Goals (gpcd)
Description
Current
Average
(gpcd)
5-Year
Goal
(gpcd)
10-Year
Goal
(gpcd)
Current 5-Year Average Per Capita Municipal
Use with Credit for Reuse 205 195 185
Expected Reduction due to Low-Flow
Plumbing Fixtures 0 0 0
Projected Reduction Due to Elements in this
Plan 0 0 0
Water Conservation Goals (with credit for
reuse) 205 195 185
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
5-1
5. METERING, WATER USE RECORDS, CONTROL OF UNACCOUNTED
WATER, AND LEAK DETECTION AND REPAIR
One of the key elements of water conservation is tracking water use and controlling losses
through illegal diversions and leaks. It is important to carefully meter water use, detect and
repair leaks in the distribution system and provide regular monitoring of unaccounted water.
5.1 Accurate Metering of Treated Water Deliveries from NTMWD
Water deliveries from NTMWD are metered by NTMWD using meters with accuracy of
±2%. These meters are calibrated on a monthly basis by NTMWD to maintain the required
accuracy.
5.2 Metering of Customer and Public Uses and Meter Testing, Repair, and
Replacement
The provision of water to all customers, including public and governmental users, should be
metered. In all cases, the Town of Prosper already meters retail and wholesale water users.
Most the Town of Prosper test and replace their customer meters on a regular basis. All
customer meters should be replaced on a minimum of a 15-year cycle. The Town of Prosper
will have a meter testing and replacement program implement over the next three years.
5.3 Record Management System
As required by TAC Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.2(a)(2)(B), a
record management system should allow for the separation of water sales and uses into
residential, commercial, public/institutional, and industrial categories. The Town of Prosper
intends to implement a system to separate water sales in the next utility update. This
information should be included in an annual water conservation report, as described in
Section 5.6 below.
5.4 Determination and Control of Unaccounted Water
Unaccounted water is the difference between water delivered to the Town of Prosper from
NTMWD (and other supplies, if applicable) and metered water sales to customers plus
authorized but unmetered uses. (Authorized but unmetered uses would include use for fire
fighting, releases for flushing of lines, uses associated with new construction, etc.)
Unaccounted water can include several categories:
Inaccuracies in customer meters. (Customer meters tend to run more slowly as they
age and under-report actual use.)
Accounts which are being used but have not yet been added to the billing system.
Losses due to water main breaks and leaks in the water distribution system.
Losses due to illegal connections and theft. (Included in Appendix G.)
Other.
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
5-2
Measures to control unaccounted water should be part of the routine operations of the Town
of Prosper. Maintenance crews and personnel should look for and report evidence of leaks
in the water distribution system. A leak detection and repair program is described in Section
5.5 below. Meter readers should watch for and report signs of illegal connections, so they
can be quickly addressed.
Unaccounted water should be calculated in accordance with the provisions of Appendix C.
With the measures described in this plan, The Town of Prosper should maintain
unaccounted water below 12 percent in 2011 and subsequent years. If unaccounted water
exceeds this goal, the Town of Prosper should implement a more intensive audit to
determine the source(s) of and reduce the unaccounted water. The annual conservation
report described below is the primary tool that should be used to monitor unaccounted
water.
5.5 Leak Detection and Repair
As described above, town crews and personnel should look for and report evidence of leaks
in the water distribution system. In areas of the water distribution system in which
numerous leaks and line breaks occur should be targeted for replacement as funds are
available.
5.6 Monitoring of Effectiveness and Efficiency - Annual Water Conservation
Report
Appendix D is a form that should be used in the development of an annual water
conservation report by the Town of Prosper. This form should be completed by March 31
of the following year and used to monitor the effectiveness and efficiency of the water
conservation program and to plan conservation-related activities for the next year. The form
records the water use by category, per capita municipal use, and unaccounted water for the
current year and compares them to historical values. The annual water conservation report
should be sent to NTMWD, which will monitor the Town of Prospers’ water conservation
trends.
5.7 Water Conservation Implementation Report
Appendix I includes the TCEQ-required water conservation implementation report. The
report is due to the TCEQ by May 1 of every year, starting in the year 2011. This report
lists the various water conservation strategies that have been implemented, including the
date the strategy was implemented. The report also calls for the five-year and ten-year per
capita water use goals from the previous water conservation plan. The reporting entity must
answer whether or not these goals have been met and if not, why not. The amount of water
saved is also requested.
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
6-1
6. CONTINUING PUBLIC EDUCATION AND INFORMATION CAMPAIGN
The continuing public education and information campaign on water conservation includes
the following elements:
Utilize the “Water IQ: Know Your Water” and other public education materials
produced by the NTMWD.
Insert water conservation information with water bills. Inserts will include material
developed by Member Cities’ and Customers’ staff and material obtained from the
TWDB, the TCEQ, and other sources.
Encourage local media coverage of water conservation issues and the importance of
water conservation.
Notify local organizations, schools, and civic groups that Member City or Customer
staff and staff of the NTMWD are available to make presentations on the importance
of water conservation and ways to save water.
Promote the Texas Smartscape web site (www.txsmartscape.com) and provide water
conservation brochures and other water conservation materials available to the
public at City Hall and other public places.
Make information on water conservation available on its website (if applicable) and
include links to the “Water IQ: Know Your Water” website, Texas Smartscape
website and to information on water conservation on the TWDB and TCEQ web
sites and other resources.
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
7-1
7. WATER RATE STRUCTURE
The Town of Prosper has adopted an increasing block rate water structure that is intended to
encourage water conservation and discourage excessive use and waste of water. An
example water rate structure is as follows:
Residential Rates
1. Monthly minimum charge. This can (but does not have to) include up to
2,000 gallons water use with no additional charge.
2. Base charge per 1,000 gallons up to the approximate average residential use.
3. 2nd tier (from the average to 2 times the approximate average) at 1.25 to 2.0
times the base charge.
4. 3rd tier (above 2 times the approximate average) at 1.25 to 2.0 times the 2nd
tier.
5. The residential rate can also include a lower tier for basic household use up to
4,000 gallons per month or a determined basic use.
Commercial/Industrial Rates
Commercial/industrial rates should include at least 2 tiers, with rates for the 2nd tier at
1.25 to 2.0 times the first tier. Higher water rates for commercial irrigation use are
encouraged, but not required.
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
8-1
8. OTHER WATER CONSERVATION MEASURES
8.1 NTMWD System Operation Plan
The Town of Prosper purchases treated water from NTMWD and do not have surface water
supplies for which to implement a system operation plan. NTMWD’s permits do allow
some coordinated operation of its water supply sources, and NTMWD is seeking additional
water rights for coordinated operation to optimize its available water supplies.
8.2 Reuse and Recycling of Wastewater
The Town of Prosper does not own and operate a wastewater treatment plant. Their
wastewater is treated by NTMWD. NTMWD currently has the largest wastewater reuse
program in the state. NTMWD has water rights allowing reuse of up to 71,882 acre-feet per
year of this treated wastewater through Lake Lavon for municipal purposes. In addition,
NTMWD has also developed the East Fork Raw Water Supply Project which can divert up
to 157,393 acre-feet per year based on treated wastewater discharges by the NTMWD.
When fully developed, these two reuse projects will provide up to 44 percent of the
NTMWD’s currently permitted water supplies. NTMWD also provides treated effluent from
its wastewater treatment plants available for direct reuse for landscape irrigation and
industrial use.
8.3 Ordinances, Plumbing Codes, or Rules on Water-Conserving Fixtures
The state has required water-conserving fixtures in new construction and renovations since
1992. The state standards call for flows of no more than 2.5 gallons per minute (gpm) for
faucets, 3.0 gpm for showerheads, and 1.6 gallons per flush for toilets. Similar standards are
now required nationally under federal law. These state and federal standards assure that all
new construction and renovations will use water-conserving fixtures. Optional rebate
programs to encourage replacement of older fixtures with water conservation programs are
discussed in Section 8.5.
8.4 Landscape Water Management Measures
The following landscape water management measures are required by the NTMWD for this
plan. These are the minimal measures that should be implemented and enforced in order to
irrigate the landscape appropriately.
Time of day restrictions prohibiting lawn irrigation watering from 10 AM to 6 PM
beginning April 1 and ending October 31 of each year.
Prohibition of watering of impervious surfaces. (Wind driven water drift will be
taken into consideration.)
Prohibition of outdoor watering during precipitation or freeze events.
Lawn and landscape irrigation limited to twice per week.
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
8-2
Prohibiting the use of treated water to fill or refill residential, amenity, and any
other natural or manmade ponds. A pond is considered to be a still body of water
with a surface area of 500 square feet or more.
Rain and freeze sensors and/or ET or Smart controllers required on all new
irrigation systems. Rain and freeze sensors and/or ET or Smart controllers must
be maintained to function properly.
“At home” car washing can be done only when using a water hose with a shut-off
nozzle.
Member Cities and Customers are responsible for developing regulations,
ordinances, policies, or procedures for enforcement of water conservation
guidelines.
Prohibition of watering areas that have been overseeded with cool season grasses
(such as rye grass or other similar grasses), except for golf courses and public
athletic fields.
8.5 Additional Water Conservation Measures (Not Required)
The following water conservation measures are also included in this Plan as options to be
considered by the Town of Prosper:
Additional landscape water management regulations
Landscape ordinance
Water audits
Rebates
Appendix E is a summary of considerations for landscape water management regulations
adopted as part of the development of this water conservation plan. These regulations are
intended to minimize waste in landscape irrigation. Appendix E includes the required
landscape water measures in 8.4. In addition, NTMWD recommends the following
measures, but they are not required:
Requirement that all existing irrigation systems be retrofitted with rain and freeze
sensors and/or ET or Smart controllers capable of multiple programming. Rain and
freeze sensors and/or ET or Smart controllers must be maintained to function
properly.
Prohibition of use of poorly maintained irrigation systems that waste water.
Prohibition of planting cool season grasses (such as rye grass or other similar
grasses) that intensify cool season water requirements, exception allowed for golf
courses or public athletic fields.
Requirement that all new athletic fields be irrigated by a separate irrigation system
from surrounding areas.
Implementation of other measures to encourage off-peak water use.
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
8-3
Landscape ordinances are developed by cities to guide developers in landscaping
requirements for the town. NTMWD recommends that the following measures be included
in the entity’s landscape ordinance:
Requirement that all new irrigation systems be in compliance with state design
and installation regulations (TAC Title 30, Part 1, Chapter 344).
Native, drought tolerant or adaptive plants should be encouraged.
Drip irrigation systems should be promoted.
Evapotranspiration (ET) / Smart controllers that only allow sprinkler systems to
irrigate when necessary should be promoted.
Water audits are useful in finding ways in which water can be used more efficiently at a
specific location. NTMWD recommends that the Town of Prosperoffer water audits to
customers.
In addition to the conservation measures described above, the NTMWD considers the
following water conservation incentive programs as options that might be included in the
plan:
Low-flow toilet replacements,
Rain/freeze sensors and/or ET or Smart controllers,
Low-flow showerhead and sink aerators replacement programs ,
ET/Smart irrigation controller,
Water efficient clothes washer,
Pressure reducing valve installation programs,
Rain barrel,
On-demand hot water heater, or
Other water conservation incentive programs.
8.6 Requirement for Water Conservation Plans by Wholesale Customers
Every contract for the wholesale sale of water by the Town of Prosper that is entered into,
renewed, or extended after the adoption of this water conservation plan will include a
requirement that the wholesale customer and any wholesale customers of that wholesale
customer develop and implement a water conservation plan meeting the requirements of
Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.2 of the Texas Administrative Code.1
The requirement will also extend to each successive wholesale customer in the resale of the
water.
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
8-4
8.7 Coordination with Regional Water Planning Group and NTMWD
Appendix F includes a letter sent to the Chair of the Region C water planning group with
this model water conservation plan. The Town of Prosper will send a copy of their draft
ordinance(s) or regulation(s) implementing the plan and their water utility profile to
NTMWD for review and comment. The adopted ordinance(s) or regulation(s) and the
adopted water utility profile will be sent to the Chair of the Region C Water Planning Group
and to NTMWD.
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
9-1
9. IMPLEMENTATION AND ENFORCEMENT OF THE WATER
CONSERVATION PLAN
Appendix G contains a copy of an ordinance, order, or resolution which may be tailored to
meet the Town of Prosper’s needs and be adopted by the Town Council or governing board
regarding the model water conservation plan. The ordinance, order, or resolution designates
responsible officials to implement and enforce the water conservation plan. Appendix E, the
considerations for landscape water management regulations, also includes information about
enforcement. Appendix H includes a copy of an ordinance, order, or resolution that may be
adopted related to illegal connections and water theft.
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
10-1
10. REVIEW AND UPDATE OF WATER CONSERVATION PLAN
TCEQ requires that the water conservation plans be updated prior to May 1, 2011. The
plans are required to be updated every five years thereafter. The plan will be updated as
required and as appropriate based on new or updated information.
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
11-1
11. DROUGHT CONTINGENCY AND WATER EMERGENCY RESPONSE
PLAN
11.1 Introduction
The purpose of this model drought contingency and water emergency response plan is as
follows:
To conserve the available water supply in times of drought and emergency
To maintain supplies for domestic water use, sanitation, and fire protection
To protect and preserve public health, welfare, and safety
To minimize the adverse impacts of water supply shortages
To minimize the adverse impacts of emergency water supply conditions.
The NTMWD supplies treated water to its Member Cities and Customers. This model plan
was developed by NTMWD in consultation with its Member Cities. In order to adopt this
model plan, each NTMWD Member City and Customer will need to adopt ordinance(s) or
regulation(s) implementing the plan, including the determination of fines and enforcement
procedures. The model plan calls for Member Cities and Customers to adopt drought stages
initiated by NTMWD during a drought or water supply emergency. Member Cities and
Customers may also adopt more stringent drought or water emergency response stages than
NTMWD if conditions warrant.
A drought is defined as an extended period of time when an area receives insufficient
amounts of rainfall to replenish the water supply, causing water supply sources, in this
case reservoirs, to be depleted. In the absence of drought response measures, water
demands tend to increase during a drought due to the need for additional outdoor
irrigation. The severity of a drought depends on the degree of depletion of supplies and
on the relationship of demand to available supplies. The NTMWD considers a drought to
end when all of its supply reservoirs refill to the conservation storage pool.
11.2 State Requirements for Drought Contingency and Water Emergency Response
Plans
This model drought contingency and water emergency response plan is consistent with
Texas Commission on Environmental Quality guidelines and requirements for the
development of drought contingency plans for public water suppliers, contained in Title 30,
Part 1, Chapter 288, Subchapter B, Rule 288.20 of the Texas Administrative Code.2 This
rule is contained in Appendix B.
Minimum Requirements
TCEQ’s minimum requirements for drought contingency plans are addressed in the
following subsections of this report:
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
11-2
288.20(a)(1)(A) – Provisions to Inform the Public and Provide Opportunity for
Public Input – Section 11.3
288.20(a)(1)(B) – Provisions for Continuing Public Education and Information –
Section 11.4
288.20(a)(1)(C) – Coordination with the Regional Water Planning Group – Section
11.9
288.20(a)(1)(D) – Criteria for Initiation and Termination of Drought Stages –
Section 11.5
288.20(a)(1)(E) – Drought and Emergency Response Stages – Section 11.6
288.20(a)(1)(F) – Specific, Quantified Targets for Water Use Reductions – Section
11.6
288.20(a)(1)(G) – Water Supply and Demand Management Measures for Each
Stage – Section 11.6
288.20(a)(1)(H) – Procedures for Initiation and Termination of Drought Stages –
Section 11.5
288.20(a)(1)(I) - Procedures for Granting Variances – Section 11.7
288.20(a)(1)(J) - Procedures for Enforcement of Mandatory Restrictions – Section
11.8
288.20(a)(3) – Consultation with Wholesale Supplier – Sections 1, 11.1, 11.5, and
11.6
288.20(b) – Notification of Implementation of Mandatory Measures – Section 11.5
288.20(c) – Review and Update of Plan – Section 11.10
11.3 Provisions to Inform the Public and Opportunity for Public Input
The Town of Prosper will provide opportunity for public input in the development of this
drought contingency and water emergency response plan by the following means:
Providing written notice of the proposed plan and the opportunity to comment on the
plan by newspaper, posted notice, and notice on the supplier’s web site.
Making the draft plan available on the supplier’s web site.
Providing the draft plan to anyone requesting a copy.
Holding a public meeting.
11.4 Provisions for Continuing Public Education and Information
The Town of Prosper will inform and educate the public about the drought contingency and
water emergency response plan by the following means:
Preparing a bulletin describing the plan and making it available at town hall and
other appropriate locations.
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
11-3
Making the plan available to the public through the supplier’s web site.
Including information about the drought contingency and water emergency response
plan on the supplier’s web site.
Notifying local organizations, schools, and civic groups that staff are available to
make presentations on the drought contingency and water emergency response plan
(usually in conjunction with presentations on water conservation programs).
At any time that the drought contingency and water emergency response plan is activated or
the drought stage or water emergency response stage changes, The Town of Prosper will
notify local media of the issues, the drought response stage or water emergency response
stage (if applicable), and the specific actions required of the public. The information will
also be publicized on the supplier’s web site (if available). Billing inserts will also be used
as appropriate.
11.5 Initiation and Termination of Drought or Water Emergency Response Stages
Initiation of a Drought or Water Emergency Response Stage
The Town Manager, Mayor, or official designee may order the implementation of a drought
or water emergency response stage when one or more of the trigger conditions for that stage
are met. The following actions will be taken when a drought or water emergency response
stage is initiated:
The public will be notified through local media and the supplier’s web site (if
available) as described in Section 3.2.
Wholesale customers (if any) and the NTMWD will be notified by e-mail with a
follow-up letter or fax that provides details of the reasons for initiation of the
drought/water emergency response stage.
If any mandatory provisions of the drought contingency and water emergency
response plan are activated, the Town of Prosper will notify the Executive Director
of the TCEQ and the Executive Director of the NTMWD within 5 business days.
Drought contingency/water emergency response stages imposed by NTMWD action must
be initiated by the Town of Prosper. For other trigger conditions internal to a town or water
supply entity, the Town Manager, Mayor, or official designee may decide not to order the
implementation of a drought response stage or water emergency even though one or more of
the trigger criteria for the stage are met. Factors which could influence such a decision
include, but are not limited to, the time of the year, weather conditions, the anticipation of
replenished water supplies, or the anticipation that additional facilities will become available
to meet needs. The reason for this decision should be documented.
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
11-4
Termination of a Drought/Water Emergency Response Stage
The Town Manager, Mayor, or official designee may order the termination of a drought or
water emergency response stage when the conditions for termination are met or at their
discretion. The following actions will be taken when a drought or emergency response stage
is terminated:
The public will be notified through local media and the supplier’s web site (if
available) as described in Section 3.2.
Wholesale customers (if any) and the NTMWD will be notified by e-mail with a
follow-up letter or fax .
If any mandatory provisions of the drought contingency and water emergency
response plan that have been activated are terminated, the Town of Prosper will
notify the Executive Director of the TCEQ and the Executive Director of the
NTMWD within 5 business days.
The Town Manager, Mayor, or official designee may decide not to order the termination of
a drought or water emergency response stage even though the conditions for termination of
the stage are met. Factors which could influence such a decision include, but are not limited
to, the time of the year, weather conditions, or the anticipation of potential changed
conditions that warrant the continuation of the drought stage. The reason for this decision
should be documented.
11.6 Drought Contingency and Water Emergency Response Stages and Measures
Stage 1
Initiation and Termination Conditions for Stage 1
The NTMWD has initiated Stage 1, which may be initiated due to one or more of
the following:
o The NTMWD Executive Director, with the concurrence of the NTMWD Board
of Directors, finds that conditions warrant the declaration of Stage 1.
o Water demand is projected to approach the limit of the permitted supply.
o The storage in Lavon Lake is less than 65 percent of the total conservation pool
capacity.
o NTMWD’s storage in Jim Chapman Lake is less than 65 percent of NTMWD’s
total conservation pool capacity.
o .The Sabine River Authority has indicated that its Upper Basin water supplies
used by NTMWD (Lake Tawakoni and/or Lake Fork) are in a Mild drought.
o NTMWD has concern that Lake Texoma, the East Fork Raw Water Supply
Project, or some other NTMWD source may be limited in availability in the next
6 months.
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
11-5
o NTMWD water demand exceeds 90 percent of the amount that can be delivered
to customers for three consecutive days.
o Water demand for all or part of NTMWD’s delivery system approaches delivery
capacity because delivery capacity is inadequate.
o NTMWD’s supply source becomes contaminated.
o NTMWD’s water supply system is unable to deliver water due to the failure or
damage of major water system components.
Supplier’s water demand exceeds 90 percent of the amount that can be delivered to
customers for three consecutive days.
Supplier’s water demand for all or part of the delivery system approaches delivery
capacity because delivery capacity is inadequate.
Supply source becomes contaminated.
Supplier’s water supply system is unable to deliver water due to the failure or
damage of major water system components.
Supplier’s individual plan may be implemented if other criteria dictate.
Stage 1 may terminate when NTMWD terminates its Stage 1 condition or when the
circumstances that caused the initiation of Stage 1 no longer prevail.
Goal for Use Reduction and Actions Available under Stage 1
Stage 1 is intended to raise public awareness of potential drought or water emergency
problems. The goal for water use reduction under Stage 1 is a two percent reduction in the
amount of water produced by NTMWD. The Town Manager, Mayor, or official designee
may order the implementation of any of the actions listed below, as deemed necessary:
Request voluntary reductions in water use by the public and by wholesale customers.
Notify wholesale customers of actions being taken and request implementation of
similar procedures.
Increase public education efforts on ways to reduce water use.
Review the problems that caused the initiation of Stage 1.
Intensify efforts on leak detection and repair.
Reduce non-essential town government water use. (Examples include street
cleaning, vehicle washing, operation of ornamental fountains, etc.)
Notify major water users and work with them to achieve voluntary water use
reductions.
Reduce town government water use for landscape irrigation.
Ask the public to follow voluntary landscape watering schedules.
Avoid outdoor watering from 5:00 AM – 8:00 AM & 10:00 AM – 6:00 PM.
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
11-6
Watering schedules will be posted.
Stage 2
Initiation and Termination Conditions for Stage 2
The NTMWD has initiated Stage 2, which may be initiated due to one or more of
the following:
o The NTMWD Executive Director, with the concurrence of the NTMWD Board
of Directors, finds that conditions warrant the declaration of Stage 2.
o Water demand is projected to approach the limit of the permitted supply.
o The storage in Lavon Lake is less than 55 percent of the total conservation pool
capacity.
o NTMWD’s storage in Jim Chapman Lake is less than 55 percent of NTMWD’s
total conservation pool capacity.
o The Sabine River Authority has indicated that its Upper Basin water supplies
used by NTMWD (Lake Tawakoni and/or Lake Fork) are in a Mild drought.
o NTMWD has concern that Lake Texoma, the East Fork Raw Water Supply
Project, or some other NTMWD source may be limited in availability in the next
3 months.
o NTMWD water demand exceeds 95 percent of the amount that can be delivered
to customers for three consecutive days.
o NTMWD water demand for all or part of the delivery system equals delivery
capacity because delivery capacity is inadequate.
o NTMWD’s supply source becomes contaminated.
o NTMWD’s water supply system is unable to deliver water due to the failure or
damage of major water system components.
Supplier’s water demand exceeds 95 percent of the amount that can be delivered to
customers for three consecutive days.
Supplier’s water demand for all or part of the delivery system equals delivery
capacity because delivery capacity is inadequate.
Supply source becomes contaminated.
Supplier’s water supply system is unable to deliver water due to the failure or
damage of major water system components.
Supplier’s individual plan may be implemented if other criteria dictate.
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
11-7
Stage 2 may terminate when NTMWD terminates its Stage 2 condition or when the
circumstances that caused the initiation of Stage 2 no longer prevail.
Goal for Use Reduction and Actions Available under Stage 2
The goal for water use reduction under Stage 2 is a five percent reduction in the amount of
water produced by NTMWD. If circumstances warrant or if required by NTMWD, the
Town Manager, Mayor, or official designee can set a goal for greater water use reduction.
The Town Manager, Mayor, or official designee may order the implementation of any of the
actions listed below, as deemed necessary. Measures described as “requires notification to
TCEQ” impose mandatory requirements on customers. The supplier must notify TCEQ and
NTMWD within five business days if these measures are implemented:
Continue or initiate any actions available under Stage 1.
Notify wholesale customers of actions being taken and request them to implement
similar procedures.
Initiate engineering studies to evaluate alternatives should conditions worsen.
Further accelerate public education efforts on ways to reduce water use.
Halt non-essential town government water use. (Examples include street cleaning,
vehicle washing, operation of ornamental fountains, etc.)
Encourage the public to wait until the current drought or emergency situation has
passed before establishing new landscaping.
Requires Notification to TCEQ – Limit landscape watering with sprinklers or
irrigation systems to no more than two days per week. An exception is allowed
for landscape associated with new construction that may be watered as necessary
for 30 days from the date of the certificate of occupancy. An exemption is also
allowed for registered and properly functioning ET/Smart irrigation systems and
drip irrigation systems, which do not have restrictions to the number of days per
week of operation.
Requires Notification to TCEQ – Restrict landscape and lawn irrigation from 10
AM to 6 PM beginning April 1 through October 31 of each year.
Requires Notification to TCEQ – Prohibit planting of cool season grasses (such
as rye grass or other similar grasses) that intensify cool season water
requirements.
Avoid outdoor watering from 5:00 AM – 8:00 AM & 10:00 AM – 6:00 PM.
Watering schedules will be posted.
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
11-8
Stage 3
Initiation and Termination Conditions for Stage 3
The NTMWD has initiated Stage 3, which may be initiated due to one or more of
the following:
o The NTMWD Executive Director, with the concurrence of the NTMWD Board
of Directors, finds that conditions warrant the declaration of Stage 3.
o Water demand is projected to approach or exceed the limit of the permitted
supply.
o The storage in Lavon Lake is less than 45 percent of the total conservation pool
capacity.
o NTMWD’s storage in Jim Chapman Lake is less than 45 percent of NTMWD’s
total conservation pool capacity.
o The Sabine River Authority has indicated that its Upper Basin water supplies
used by NTMWD (Lake Tawakoni and/or Lake Fork) are in a Moderate
drought. (Measures required by SRA under a Moderate drought designation are
similar to those under NTMWD’s Stage 3.)
o The supply from Lake Texoma, the East Fork Raw Water Supply Project, or
some other NTMWD source has become limited in availability.
o NTMWD water demand exceeds 98 percent of the amount that can be delivered
to customers for three consecutive days.
o NTMWD water demand for all or part of the delivery system exceeds delivery
capacity because delivery capacity is inadequate.
o NTMWD’s supply source becomes contaminated.
o NTMWD’s water supply system is unable to deliver water due to the failure or
damage of major water system components.
Supplier’s water demand exceeds 98 percent of the amount that can be delivered to
customers for three consecutive days.
Supplier’s water demand for all or part of the delivery system exceeds delivery
capacity because delivery capacity is inadequate.
Supply source becomes contaminated.
Supplier’s water supply system is unable to deliver water due to the failure or
damage of major water system components.
Supplier’s individual plan may be implemented if other criteria dictate.
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
11-9
Stage 3 may terminate when NTMWD terminates its Stage 3 condition or when the
circumstances that caused the initiation of Stage 3 no longer prevail.
Goals for Use Reduction and Actions Available under Stage 3
The goal for water use reduction under Stage 3 is a reduction of ten percent in the amount of
water obtained from NTMWD. If circumstances warrant or if required by NTMWD, the
Town Manager, Mayor, or official designee can set a goal for a greater water use reduction.
The Town Manager, Mayor, or official designee must implement any action(s) required by
NTMWD. In addition, the Town Manager, Mayor, or official designee may order the
implementation of any of the actions listed below, as deemed necessary. Measures
described as “requires notification to TCEQ” impose mandatory requirements on customers.
The supplier must notify TCEQ and NTMWD within five business days if these measures
are implemented:
Continue or initiate any actions available under Stages 1 and 2.
Notify wholesale customers of actions being taken and request them to implement
similar procedures.
Implement viable alternative water supply strategies.
Requires Notification to TCEQ – Initiate mandatory water use restrictions as
follows:
o Prohibit hosing of paved areas, buildings, or windows. (Pressure washing of
impervious surfaces is allowed.)
o Prohibit operation of all ornamental fountains or other amenity
impoundments to the extent they use treated water.
o Prohibit washing or rinsing of vehicles by hose except with a hose end cutoff
nozzle.
o Prohibit using water in such a manner as to allow runoff or other waste.
Requires Notification to TCEQ – Limit landscape watering with sprinklers or
irrigation systems at each service address to once every seven days. Exceptions
are as follows:
o Foundations, new landscaping, new plantings (first year) of shrubs, and
trees may be watered for up to 2 hours on any day by a hand-held hose, a
soaker hose, or a dedicated zone using a drip irrigation system.
o Golf courses may water greens and tee boxes without restrictions.
o Public athletic fields used for competition may be watered twice per week.
o Locations using other sources of water supply for irrigation may irrigate
without restrictions.
o Registered and properly functioning ET/Smart irrigation systems and drip
irrigation systems may irrigate without restrictions.
Requires Notification to TCEQ – Limit landscape watering with sprinklers or
irrigation systems between November 1 and March 31 to once every two weeks.
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
11-10
An exception is allowed for landscape associated with new construction that may
be watered as necessary for 30 days from the date of the certificate of occupancy,
temporary certificate of occupancy, or certificate of completion.
Avoid outdoor watering from 5:00 AM – 7:00 PM once a week except once every
two weeks between November 1, and March 31.
Watering schedules will be posted.
Requires Notification to TCEQ – Prohibit hydroseeding, hydromulching, and
sprigging.
Requires Notification to TCEQ – Existing swimming pools may not be drained
and refilled (except to replace normal water loss).
Requires Notification to TCEQ - Initiate a rate surcharge as requested by
NTMWD.
Requires Notification to TCEQ - Initiate a rate surcharge for all water use over a
certain level.
Requires Notification to TCEQ – If NTMWD has imposed a reduction in water
available to the Town of Prosper, impose the same percent reduction on wholesale
customers.
Requires Notification to TCEQ – Prohibit watering of golf courses using treated
water, except as needed to keep greens and tee boxes alive.
Stage 4
Initiation and Termination Conditions for Stage 4
The NTMWD has initiated Stage 4, which may be initiated due to one or more of
the following:
o The NTMWD Executive Director, with the concurrence of the NTMWD Board
of Directors, finds that conditions warrant the declaration of Stage 4.
o Water demand is projected to approach or exceed the limit of the permitted
supply.
o The storage in Lavon Lake is less than 35 percent of the total conservation pool
capacity.
o NTMWD’s storage in Jim Chapman Lake is less than 35 percent of NTMWD’s
total conservation pool capacity.
o The Sabine River Authority has indicated that its Upper Basin water supplies
used by NTMWD (Lake Tawakoni and/or Lake Fork) are in a Severe drought or
Emergency.
o The supply from Lake Texoma, the East Fork Raw Water Supply Project, or
some other NTMWD source has become severely limited in availability.
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
11-11
o NTMWD water demand exceeds the amount that can be delivered to customers.
o NTMWD water demand for all or part of the delivery system seriously exceeds
delivery capacity because the delivery capacity is inadequate.
o NTMWD’s supply source becomes contaminated.
o NTMWD’s water supply system is unable to deliver water due to the failure or
damage of major water system components.
Supplier’s water demand exceeds the amount that can be delivered to customers.
Supplier’s water demand for all or part of the delivery system seriously exceeds
delivery capacity because the delivery capacity is inadequate.
Supply source becomes contaminated.
Supplier’s water supply system is unable to deliver water due to the failure or
damage of major water system components.
Supplier’s individual plan may be implemented if other criteria dictate.
Stage 4 may terminate when NTMWD terminates its Stage 4 condition or when the
circumstances that caused the initiation of Stage 4 no longer prevail.
Goals for Use Reduction and Actions Available under Stage 4
The goal for water use reduction under Stage 4 is a reduction of whatever amount is
necessary in the amount of water obtained from NTMWD. If circumstances warrant or if
required by NTMWD, the Town Manager, Mayor, or official designee can set a goal for a
greater water use reduction.
The Town Manager, Mayor, or official designee must implement any action(s) required by
NTMWD. In addition, the Town, Mayor, or official designee may order the implementation
of any of the actions listed below, as deemed necessary. Measures described as “requires
notification to TCEQ” impose mandatory requirements on member cities and customers.
The supplier must notify TCEQ and NTMWD within five business days if these measures
are implemented.
Continue or initiate any actions available under Stages 1, 2, and 3.
Notify wholesale customers of actions being taken and request them to implement
similar procedures.
Implement viable alternative water supply strategies.
Requires Notification to TCEQ – Prohibit the irrigation of new landscaping
using treated water.
Requires Notification to TCEQ – Prohibit washing of vehicles except as
necessary for health, sanitation, or safety reasons.
Requires Notification to TCEQ – Prohibit commercial and residential landscape
watering, except that foundations and trees may be watered for 2 hours on any
day with a hand-held hose, a soaker hose, or a dedicated zone using a drip
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
11-12
irrigation system. ET/Smart irrigation systems are not exempt from this
requirement.
Requires Notification to TCEQ – Prohibit golf course watering with treated
water except for greens and tee boxes.
Requires Notification to TCEQ – Prohibit the permitting of private pools. Pools
already permitted may be completed and filled with water. Existing private and
public pools may add water to maintain pool levels but may not be drained and
refilled.
Requires Notification to TCEQ – Require all commercial water users to reduce
water use by a percentage established by the Town Manager, Mayor, or official
designee.
Requires Notification to TCEQ – If NTMWD has imposed a reduction in water
available to the Town of Prosper, impose the same percent reduction on wholesale
customers.
Requires Notification to TCEQ - Initiate a rate surcharge for all water use over
normal rates for all water use.
11.7 Procedures for Granting Variances to the Plan
The Town Manager, Mayor, or official designee may grant temporary variances for existing
water uses otherwise prohibited under this drought contingency and water emergency
response plan if one or more of the following conditions are met:
Failure to grant such a variance would cause an emergency condition adversely
affecting health, sanitation, or fire safety for the public or the person or entity
requesting the variance.
Compliance with this plan cannot be accomplished due to technical or other
limitations.
Alternative methods that achieve the same level of reduction in water use can be
implemented.
Variances shall be granted or denied at the discretion of the Town Manager, Mayor, or
official designee. All petitions for variances should be in writing and should include the
following information:
Name and address of the petitioners
Purpose of water use
Specific provisions from which relief is requested
Detailed statement of the adverse effect of the provision from which relief is
requested
Water Conservation and Drought Town of Prosper
Contingency and Water Emergency Response Plan
11-13
Description of the relief requested
Period of time for which the variance is sought
Alternative measures that will be taken to reduce water use
Other pertinent information.
11.8 Procedures for Enforcing Mandatory Water Use Restrictions
Mandatory water use restrictions may be imposed in Stage 2, Stage 3 and Stage 4 drought
contingency and water emergency response stages. The penalties associated with the
mandatory water use restrictions will be determined by each entity.
Appendix G contains potential ordinances, resolutions, and orders that may be adopted by
the city council, board, or governing body approving the drought contingency plan and
water response plan, including enforcement of same.
11.9 Coordination with the Regional Water Planning Groups
Appendix F includes a copy of a letter sent to the Chair of the Region C water planning
group with this model drought contingency and water emergency response plan.
The suppliers will send a draft of its ordinance(s) or other regulation(s) implementing this
plan to NTMWD for their review and comment. The supplier will also send the final
ordinance(s) or other regulation(s) to NTMWD.
11.10 Review and Update of Drought Contingency and Water Emergency Response
Plan
As required by TCEQ rules, the Town of Prosper must review the drought contingency and
water emergency response plan every five years. The plan will be updated as appropriate
based on new or updated information.
A-1
Appendix A
List of References
(1) Title 30 of the Texas Administrative Code, Part 1, Chapter 288, Subchapter A,
Rules 288.1 and 288.2, and Subchapter B, Rule 288.20, downloaded from
http://www.tnrcc.state.tx.us/oprd/rules/pdflib/288a.pdf, November 2003.
(2) Freese and Nichols, Inc.: North Texas Municipal Water District Water
Conservation and Drought Management Plan, prepared for the North Texas
Municipal Water District, Fort Worth, August 2004.
(3) Edward Motley, Marisa Vergara, Tom Gooch, and Stephanie Griffin: Memorandum
to File on “Region C Municipal Water Use Projections Adopted on August 18,
2003,” Fort Worth, August 21, 2003.
The following conservation and drought contingency plans and related documents were
reviewed in the development of this plan. References marked with a * were used heavily
in the development of this plan.
(4) City of Austin Water Conservation Division: “City of Austin Water Drought
Contingency Plan, Developed to Meet Senate Bill 1 Regulatory Requirements,”
Austin, August 1999.
(5) City of Austin Water Conservation Division: “City of Austin Water Conservation
Plan, Developed to Meet Senate Bill 1 Regulatory Requirements,” Austin, August
1999.
(6) Upper Trinity Regional Water District: “Water Conservation Plan and Emergency
Water Demand Management Plan,” adopted by the Board of Directors, Lewisville,
August 5, 1999.
(7) Upper Trinity Regional Water District: “Water Conservation Plan and Emergency
Water Demand Management Plan (2002 Amended),” adopted by the Board of
Directors, Lewisville, February 2002.
(8) *City of Dallas Water Utilities Department: “City of Dallas Water Management
Plan,” adopted by the City Council, Dallas, September 1999.
(9) Updates to City of Dallas Water Management Plan found at
http://www.dallascityhall.com in September 2003.
(10) *City of Dallas Water Utilities Department: “City of Dallas Water Conservation
Plan,” adopted by the City Council, Dallas, September 1999.
(11) *City of Fort Worth: “Water Conservation plan for the City of Fort Worth,” Fort
Worth, August 1999.
(12) Updates to the City of Fort Worth water conservation plan found at http://ci./fort-
worth.tx.us in September 2003.
A-2
(13) *City of Fort Worth: “Emergency Water Management Plan for the City of Fort
Worth,” Fort Worth, August 19, 2003.
(14) HDR Engineering, Inc.: “Water Conservation and Emergency Demand
Management Plan,” prepared for the Tarrant Regional Water District, Austin,
February 2000.
(15) Freese and Nichols, Inc.: “Water Conservation and Drought Contingency Plan,”
prepared for Brown County Water Improvement District No. 1, Fort Worth, August
1999.
(16) Freese and Nichols, Inc.: “Water Conservation and Drought Contingency Plan,”
prepared for the Sabine River Authority of Texas, Fort Worth, September 1994.
(17) HDR Engineering, Inc.: “Water Conservation and Emergency Demand
Management Plan,” prepared for the Tarrant Regional Water District, Austin, June
1998.
(18) HDR Engineering, Inc.: “Water Conservation Plan for the City of Corpus Christi,”
adopted by the City of Corpus Christi City Council, August 24, 1999.
(19) City of Houston’s water conservation plan downloaded September 2003 from
http://www.cityofhouston.gov
(20) City of Houston: “Ordinance N. 2001-753, Amending Chapter 47 of the Code of
Ordinances Relating to Water Emergencies,” Houston, August 2001.
(21) City of Houston: “Ordinance No. 98-764, Relating to Water Conservation,”
Houston, September 1998.
(22) City of Houston: “Water Conservation Plan,” 1998.
(23) City of Houston: “Water Emergency Response Plan,” Houston, July 15, 1998.
(24) City of Lubbock: “Water Conservation Plan,” ordinance number 10177 adopted by
the City Council in August 1999.
(25) City of El Paso Water Conservation Ordinance downloaded August 14, 2003 from
http://www.epwu.org/ordinance.html
(26) San Antonio Water System: “Water Conservation and Reuse Plan,” San Antonio,
November 1998 with June 2002 updates.
(27) North Texas Municipal Water District: “District Policy No. 24 Water Conservation
Plan Containing Drought Contingency Plan,” adopted August 1999.
(28) GDS Associates, Inc.: “Water Conservation Study,” prepared for the Texas Water
Development Board, Fort Worth, 2002.
(29) A & N Technical Services, Inc.: “BMP Costs & Savings Study: A Guide to Data
and Methods for Cost-Effectiveness Analysis of Urban Water Conservation Best
Management Practices,” prepared for The California Urban Water Conservation
Council, Santa Monica, California, July 2000.
(30) *City of Dallas: “City of Dallas Ordinances, Chapter 49, Section 21.1,” Dallas,
October 1, 2001.
B-1
APPENDIX B
Texas Commission on Environmental Quality Rules on Water Conservation Plans
Texas Administrative Code
TITLE 30 ENVIRONMENTAL QUALITY
PART 1 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 288 WATER CONSERVATION PLANS, DROUGHT
CONTINGENCY PLANS, GUIDELINES AND
REQUIREMENTS
SUBCHAPTER A WATER CONSERVATION PLANS
RULE §288.1 Definitions
The following words and terms, when used in this chapter, shall have the following
meanings, unless the context clearly indicates otherwise.
(1) Agricultural or Agriculture--means any of the following activities:
(A) cultivating the soil to produce crops for human food, animal feed, or planting
seed or for the production of fibers;
(B) the practice of floriculture, viticulture, silviculture, and horticulture, including the
cultivation of plants in containers or non-soil media by a nursery grower;
(C) raising, feeding, or keeping animals for breeding purposes or for the production
of food or fiber, leather, pelts, or other tangible products having a commercial
value;
(D) raising or keeping equine animals;
(E) wildlife management; and
(F) planting cover crops, including cover crops cultivated for transplantation, or
leaving land idle for the purpose of participating in any governmental program or
normal crop or livestock rotation procedure.
(2) Agricultural use--Any use or activity involving agriculture, including irrigation.
(3) Conservation--Those practices, techniques, and technologies that reduce the
consumption of water, reduce the loss or waste of water, improve the efficiency in the
use of water, or increase the recycling and reuse of water so that a water supply is
made available for future or alternative uses.
(4) Drought contingency plan--A strategy or combination of strategies for temporary
supply and demand management responses to temporary and potentially recurring
water supply shortages and other water supply emergencies. A drought contingency
plan may be a separate document identified as such or may be contained within
another water management document(s).
(5) Industrial use--The use of water in processes designed to convert materials of a lower
B-2
order of value into forms having greater usability and commercial value, commercial
fish production, and the development of power by means other than hydroelectric, but
does not include agricultural use.
(6) Irrigation--The agricultural use of water for the irrigation of crops, trees, and
pastureland, including, but not limited to, golf courses and parks which do not receive
water through a municipal distribution system.
(7) Irrigation water use efficiency--The percentage of that amount of irrigation water
which is beneficially used by agriculture crops or other vegetation relative to the
amount of water diverted from the source(s) of supply. Beneficial uses of water for
irrigation purposes include, but are not limited to, evapotranspiration needs for
vegetative maintenance and growth, salinity management, and leaching requirements
associated with irrigation.
(8) Mining use--The use of water for mining processes including hydraulic use, drilling,
washing sand and gravel, and oil field repressuring.
(9) Municipal per capita water use--The sum total of water diverted into a water supply
system for residential, commercial, and public and institutional uses divided by actual
population served.
(10) Municipal use--The use of potable water within or outside a municipality and its
environs whether supplied by a person, privately owned utility, political subdivision,
or other entity as well as the use of sewage effluent for certain purposes, including the
use of treated water for domestic purposes, fighting fires, sprinkling streets, flushing
sewers and drains, watering parks and parkways, and recreational purposes, including
public and private swimming pools, the use of potable water in industrial and
commercial enterprises supplied by a municipal distribution system without special
construction to meet its demands, and for the watering of lawns and family gardens.
(11) Nursery grower--A person engaged in the practice of floriculture, viticulture,
silviculture, and horticulture, including the cultivation of plants in containers or
nonsoil media, who grows more than 50% of the products that the person either sells
or leases, regardless of the variety sold, leased, or grown. For the purpose of this
definition, grow means the actual cultivation or propagation of the product beyond
the mere holding or maintaining of the item prior to sale or lease, and typically
includes activities associated with the production or multiplying of stock such as the
development of new plants from cuttings, grafts, plugs, or seedlings.
(12) Pollution--The alteration of the physical, thermal, chemical, or biological quality of,
or the contamination of, any water in the state that renders the water harmful,
detrimental, or injurious to humans, animal life, vegetation, or property, or to the
public health, safety, or welfare, or impairs the usefulness or the public enjoyment of
the water for any lawful or reasonable purpose.
(13) Public Water Supplier--An individual or entity that supplies water to the public for
human consumption.
(14) Regional Water Planning Group--A group established by the Texas Water
B-3
Development Board to prepare a regional water plan under Texas Water Code,
§16.053.
(15) Retail Public Water Supplier--An individual or entity that for compensation supplies
water to the public for human consumption. The term does not include an individual
or entity that supplies water to itself or its employees or tenants when that water is not
resold to or used by others.
(16) Reuse--The authorized use for one or more beneficial purposes of use of water that
remains unconsumed after the water is used for the original purpose of use and before
that water is either disposed of or discharged or otherwise allowed to flow into a
watercourse, lake, or other body of state-owned water.
(17) Water conservation plan--A strategy or combination of strategies for reducing the
volume of water withdrawn from a water supply source, for reducing the loss or
waste of water, for maintaining or improving the efficiency in the use of water, for
increasing the recycling and reuse of water, and for preventing the pollution of water.
A water conservation plan may be a separate document identified as such or may be
contained within another water management document(s).
(18) Wholesale Public Water Supplier--An individual or entity that for compensation
supplies water to another for resale to the public for human consumption. The term
does not include an individual or entity that supplies water to itself or its employees
or tenants as an incident of that employee service or tenancy when that water is not
resold to or used by others, or an individual or entity that conveys water to another
individual or entity, but does not own the right to the water which is conveyed,
whether or not for a delivery fee.
Source Note: The provisions of this §288.1 adopted to be effective May 3, 1993, 18
TexReg 2558; amended to be effective February 21, 1999, 24 TexReg 949; amended to
be effective April 27, 2000, 25 TexReg 3544; amended to be effective August 15, 2002,
27 TexReg 7146
B-4
Texas Administrative Code
TITLE 30 ENVIRONMENTAL QUALITY
PART 1 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 288 WATER CONSERVATION PLANS, DROUGHT
CONTINGENCY PLANS, GUIDELINES AND
REQUIREMENTS
SUBCHAPTER A WATER CONSERVATION PLANS
RULE §288.2 Water Conservation Plans for Municipal Uses by Public
Water Suppliers
(a) A water conservation plan for municipal water use by public water suppliers shall
provide information, where applicable, in response to the following.
(1) Minimum requirements. All water conservation plans for municipal uses by public
drinking water suppliers shall include the following elements:
(A) a utility profile including, but not limited to, information regarding population
and customer data, water use data, water supply system data, and wastewater
system data;
(B) specification of conservation goals including, but not limited to, municipal per
capita water use goals, the basis for the development of such goals, and a time
frame for achieving the specified goals;
(C) metering device(s), within an accuracy of plus or minus 5.0% in order to
measure and account for the amount of water diverted from the source of
supply;
(D) a program for universal metering of both customer and public uses of water,
for meter testing and repair, and for periodic meter replacement;
(E) measures to determine and control unaccounted-for uses of water (for
example, periodic visual inspections along distribution lines; annual or
monthly audit of the water system to determine illegal connections,
abandoned services, etc.);
(F) a program of continuing public education and information regarding water
conservation;
(G) a water rate structure which is not "promotional," i.e., a rate structure which is
cost-based and which does not encourage the excessive use of water;
(H) a reservoir systems operations plan, if applicable, providing for the
coordinated operation of reservoirs owned by the applicant within a common
watershed or river basin in order to optimize available water supplies; and
(I) a means of implementation and enforcement which shall be evidenced by:
(i) a copy of the ordinance, resolution, or tariff, indicating official adoption of
the water conservation plan by the water supplier; and
B-5
(ii) a description of the authority by which the water supplier will implement
and enforce the conservation plan; and
(J) documentation of coordination with the Regional Water Planning Groups for
the service area of the public water supplier in order to insure consistency
with the appropriate approved regional water plans.
(2) Additional content requirements. Water conservation plans for municipal uses by
public drinking water suppliers serving a current population of 5,000 or more
and/or a projected population of 5,000 or more within the next ten years
subsequent to the effective date of the plan shall include the following elements:
(A) a program of leak detection, repair, and water loss accounting for the water
transmission, delivery, and distribution system in order to control
unaccounted-for uses of water;
(B) a record management system to record water pumped, water deliveries, water
sales, and water losses which allows for the desegregation of water sales and
uses into the following user classes:
(i) residential;
(ii) commercial;
(iii) public and institutional; and
(iv) industrial; and
(C) a requirement in every wholesale water supply contract entered into or
renewed after official adoption of the plan (by either ordinance, resolution, or
tariff), and including any contract extension, that each successive wholesale
customer develop and implement a water conservation plan or water
conservation measures using the applicable elements in this chapter; if the
customer intends to resell the water, then the contract between the initial
supplier and customer must provide that the contract for the resale of the
water must have water conservation requirements so that each successive
customer in the resale of the water will be required to implement water
conservation measures in accordance with applicable provisions of this
chapter.
(3) Additional conservation strategies. Any combination of the following strategies
shall be selected by the water supplier, in addition to the minimum requirements
in paragraphs (1) and (2) of this subsection, if they are necessary to achieve the
stated water conservation goals of the plan. The commission may require that any
of the following strategies be implemented by the water supplier if the
commission determines that the strategy is necessary to achieve the goals of the
water conservation plan:
(A) conservation-oriented water rates and water rate structures such as uniform or
increasing block rate schedules, and/or seasonal rates, but not flat rate or
decreasing block rates;
(B) adoption of ordinances, plumbing codes, and/or rules requiring water-
B-6
conserving plumbing fixtures to be installed in new structures and existing
structures undergoing substantial modification or addition;
(C) a program for the replacement or retrofit of water-conserving plumbing
fixtures in existing structures;
(D) reuse and/or recycling of wastewater and/or greywater;
(E) a program for pressure control and/or reduction in the distribution system
and/or for customer connections;
(F) a program and/or ordinance(s) for landscape water management;
(G) a method for monitoring the effectiveness and efficiency of the water
conservation plan; and
(H) any other water conservation practice, method, or technique which the water
supplier shows to be appropriate for achieving the stated goal or goals of the
water conservation plan.
(b) A water conservation plan prepared in accordance with 31 TAC §363.15 (relating to
Required Water Conservation Plan) of the Texas Water Development Board and
substantially meeting the requirements of this section and other applicable
commission rules may be submitted to meet application requirements pursuant to a
memorandum of understanding between the commission and the Texas Water
Development Board.
Source Note: The provisions of this §288.2 adopted to be effective May 3, 1993, 18
TexReg 2558; amended to be effective February 21, 1999, 24 TexReg 949; amended to
be effective April 27, 2000, 25 TexReg 3544
C-1
Name and phone number of person/department responsible for implementing a water conservation program:
Name:
Phone Number:
I. POPULATION AND CUSTOMER DATA
A. Population and Service Area Data
2. Service area size (square miles):27.7
3. Current population of service area:9,350 as of year 2010
4. Current population served by utility:
water:9350
wastewater:9350
5. Population served by water utility for the previous five years. (Please list by year in ascending order.):
Year Population
2006 5,250
2007 6,367
2008 6,749
2009 8,049
2010 9,350
APPENDIX C
Address & Zip:
Telephone Number:
Water Utility Profile Based on TCEQ Format (Updated to Match November 5, 2004 TCEQ Profile)
The purpose of the Water Utility Profile is to assist an applicant with water conservation plan development and to
ensure that important information and data be considered when preparing your water conservation plan and goals.
You may contact the Municipal Water Conservation Unit of the TWDB at 512-936-2391 for assistance, or the
Resource Protection Team at 512-239-4691 if submitted to the TCEQ. You may also contact Denise Hickey of
NTMWD at 972/442-5405 or Tom Gooch of Freese and Nichols at 817/735-7300.
972-347-3579
Name of Entity:
Fax Number:
Town of Prosper
1. Please attach a copy of your service-area map and, if applicable, a copy of your Certificate of Convenience
Form Completed by:
Signature:
Title:
Date:
P.O Box 307, Prosper Texas 75078
Frank E. Jaromin, P.E.
Director of Public Works
972-347-9969
972-347-9969
Town of Prosper Public Works
and a service-area map.
C-2
6. Projected population for service area in the following decades:
Year Population
2010 9,350
2020 26,699
2030 51,526
2040 83,893
2050 N/A
2060 N/A
7. List source/method for the calculation of current and projected population:
B. Active Connections
1. Current number of active connections.
Check whether multi-family service is counted as Residential ___ or Commercial _x__.
Current year is:2011
Treated
Water Users Metered Non-Metered Total
Residential 2,901 2,901
Commercial 213 213
Industrial 0
Other (MF)53 53
Total 3,167 0 3,167
2. List the net number of new connections per year for most recent three years:
Year 2008 2009 2010
Residential 2,587 2,647 2,883
Commercial 143 204 210
Industrial
Other (MF)53 53
Total 2,730 2,904 3,146
C. High Volume Customers
List annual water use for the five highest volume customers.
(Please indicate if treated or raw water delivery.):
Treated or
Raw
Water?
Treated
Treated
Treated
Treated
Treated
Customer
The Mansions 19,124,300
PISD 14,451,370
Use
(1,000 gal/yr)
Maximum Sports Management 6,051,000
Estates of Prosper 4,898,000
Town Park Hike & Bike Trail 3.998,000
C-3
II. WATER USE DATA FOR SERVICE AREA
A. Water Accounting Data
1. Amount of water use for previous five years (in 1,000 gal):
Please indicate: Diverted Water 0
Treated Water
Year 2010 2009 2008 2007 2006
January 20,219 24,064 23,673 22,066 28,321
February 19,188 26,977 27,919 15,855 18,154
March 19,415 28,635 20,045 25,670 16,886
April 28,989 37,647 24,354 23,292 31,084
May 41,426 33,373 37,675 20,769 32,038
June 62,700 46,174 51,431 28,372 53,022
July 60,477 73,885 61,093 20,482 96,288
August 89,195 72,513 84,625 49,023 44,055
September 62,154 53,332 55,833 46,381 42,782
October 53,624 28,320 83,584 44,960 29,231
November 42,515 25,729 46,096 37,641 23,024
December 26,994 19,807 27,343 22,497 21,870
Total 526,896 470,456 543,671 357,008 436,755
Year Residential Commercial Industrial Wholesale Other Total Sold
2006 396,353 40,406 436,759
2007 315,514 41,496 357,010
2008 464,934 78,737 543,671
2009 407,447 62,009 6,648 476,104
2010 493,502 33,395 21,037 547,934
3. List previous five years records for water loss (the difference between water diverted (or treated) and
water delivered (sold)).
Data is calculated in Appendix D on tab "D-4". TWDB requires that the data for this entry be reported in gal
Year Amount (gal.)%
2006 6,895,000 1.58
2007 (42,300,000) (13.16)
2008 55,590,000 9.15
2009 64,700,000 10.73
2010 76,745,000 9.38
Please indicate how the above figures were determined (e.g., from a master meter located at the point of
diversion, from a stream, or located at a point where raw water enters the treatment plant, or from water
sales) Water Sales
2. Amount of water (in 1,000 gallons) delivered (sold) as recorded by the following account types
C-4
4. Municipal water use for previous five years:
Year Population
Total Diverted
(or Treated)
(1,000 gal)
2006 5,250 436,495
2007 6,367 321,500
2008 6,749 607,249
2009 8,049 602,915
2010 9,350 698,277
B. Projected Water Demands
Year
Projected
Demand (Ac-
Ft)
2010 2,576
2020 9,801
III. WATER SUPPLY SYSTEM DATA
A. Water Supply Sources
List all current water supply sources and the amounts authorized with each:
Type
Surface Water
Groundwater
Contracts
Other
North Texas Municipal Water District
Source
North Texas Municipal Water District (SW)
North Texas Municipal Water District (SW)
If applicable, attach projected water supply demands for the next ten years using information such as
population trends, historical water use, and economic growth in the service area over the next ten years and
Source of data Additional Water Supply Requirements
North Texas Municipal Water District
any additional water supply requirement from such growth.
Amount Available (AF/Y)
Open
C-5
B. Treatment and Distribution System
1. Design daily capacity of system:5 MGD
2. Storage capacity:
Elevated 2.5 MG
Ground 3.0 MG
3. If surface water, do you recycle filter backwash to the head of the plant?
Yes No X . If yes, approximately MGD.
IV. WASTEWATER SYSTEM DATA
A. Wastewater System Data
1. Design capacity of wastewater treatment plant(s): MGD
TCEQ Number Operator Owner
Receiving
Stream
2. Is treated effluent used for irrigation on-site , off-site , plant washdown , or
4. Please attach a description of the water system. Include the number of treatment plants, wells, and storage
chlorination/dechlorination ? If yes, approximately gallons per month.
treated wastewater is disposed of. Where applicable, identify treatment plant(s) with the TCEQ name and
number, the operator, owner, and, if wastewater is discharged, the receiving stream. Please provide a
sketch or map which located the plant(s) and discharge or disposal sites.:
Treatment Plant Name
tanks. If possible, include a sketch of the system layout.
3. Briefly describe the wastewater system(s) of the area serviced by the water utility. Describe how
C-6
B. Wastewater Data for Service Area
1. Percent of water service area served by wastewater system:76.1 %
2. Monthly wastewater volume for previous three years (in 1,000 gallons):
Year 2008 2009 2010
January 17,236 16,352 16,617
February 17,910 17,926 16,682
March 14,124 18,751 14,276
April 17,783 24,463 14,524
May 23,098 21,598 15,243
June 32,469 14,725 16,458
July 35,227 18,005 15,865
August 47,645 18,208 16,979
September 33,718 18,123 17,112
October 32,892 17,666 17,246
November 29,429 17,495 17,193
December 18,008 16,930 15,978
Total 319,539 220,242 194,173
C1-1
Appendix C1
Definitions of Commonly Used Terms
Conservation - Those practices, techniques, and technologies that reduce the consumption of water,
reduce the loss or waste of water, improve the efficiency in the use of water, or increase the recycling
and reuse of water so that a water supply is made available for future or alternative uses.
Industrial use - The use of water in processes designed to convert materials of a lower order of
value into forms having greater usability and commercial value, commercial fish production, and the
development of power by means other than hydroelectric, but does not include agricultural use.
Irrigation - The agricultural use of water for the irrigation of crops, trees, and pastureland,
including, but not limited to, golf courses and parks which do not receive water through a municipal
distribution system.
Municipal per capita water use - The sum total of water diverted into a water supply system for
residential, commercial, and public and institutional uses divided by actual population served.
Municipal use - The use of potable water within or outside a municipality and its environs whether
supplied by a person, privately owned utility, political subdivision, or other entity as well as the use
of sewage effluent for certain purposes, including the use of treated water for domestic purposes,
fighting fires, sprinkling streets, flushing sewers and drains, watering parks and parkways, and
recreational purposes, including public and private swimming pools, the use of potable water in
industrial and commercial enterprises supplied by a municipal distribution system without special
construction to meet its demands, and for the watering of lawns and family gardens.
Municipal use in gallons per capita per day - The total average daily amount of water diverted or
pumped for treatment for potable use by a public water supply system. The calculation is made by
dividing the water diverted or pumped for treatment for potable use by population served. Indirect
reuse volumes shall be credited against total diversion volumes for the purpose of calculating gallons
per capita per day for targets and goals.
Pollution - The alteration of the physical, thermal, chemical, or biological quality of, or the
contamination of, any water in the state that renders the water harmful, detrimental, or injurious to
humans, animal life, vegetation, or property, or to the public health, safety, or welfare, or impairs the
usefulness or the public enjoyment of the water for any lawful or reasonable purpose.
Public water supplier - An individual or entity that supplies water to the public for human
consumption.
Regional water planning group - A group established by the Texas Water Development Board to
prepare a regional water plan under Texas Water Code, '16.053.
Retail public water supplier - An individual or entity that for compensation supplies water to the
C1-2
Public for human consumption. The term does not include an individual or entity that supplies water
to itself or its employees or tenants when that water is not resold to or used by others.
Reuse - The authorized use for one or more beneficial purposes of use of water that remains
unconsumed after the water is used for the original purpose of use and before that water is either
disposed of or discharged or otherwise allowed to flow into a watercourse, lake, or other body of
state-owned water.
Water conservation plan - A strategy or combination of strategies for reducing the volume of water
withdrawn from a water supply source, for reducing the loss or waste of water, for maintaining or
improving the efficiency in the use of water, for increasing the recycling and reuse of water, and for
preventing the pollution of water. A water conservation plan may be a separate document identified
as such or may be contained within another water management document(s).
Water loss - The difference between water diverted or treated and water delivered (sold). Water loss
can result from:
1. Inaccurate or incomplete record keeping;
2. Meter error;
3. Unmetered uses such as firefighting, line flushing, and water for public buildings and
water treatment plants;
4. Leaks; and
5. Water theft and unauthorized use.
Wholesale public water supplier - An individual or entity that for compensation supplies water to
another for resale to the public for human consumption. The term does not include an individual or
entity that supplies water to itself or its employees or tenants as an incident of that employee service
or tenancy when that water is not resold to or used by others, or an individual or entity that conveys
water to another individual or entity, but does not own the right to the water which is conveyed,
whether or not for a delivery fee.
D-1
Entity Reporting:
Filled Out By:
Date Completed:
Year Covered:
# of Connections
Recorded Deliveries and Sales by Month (in Million Gallons):
Residential Commercial Public/
Institutional Industrial Wholesale Total
January 30.59 0.232 19.767 2.725 22.492
February 22.303 0.062 18.578 2.604 21.182
March 29.708 0.017 18.668 2.346 21.014
April 29.453 0.004 27.679 3.763 31.442
May 65.719 0.074 40.613 5.486 46.099
June 94.939 0.797 60.609 10.545 71.154
July 80.614 1.136 59.446 11.497 70.943
August 111.238 2.189 87.471 13.547 101.018
September 66.84 1.093 61.030 11.302 72.332
October 66.4 0.001 52.884 9.452 62.336
November 41.876 0.000 42.271 6.774 49.045
December 40.553 0.000 26.299 4.231 30.530
TOTAL 680.233 5.605 515.315 84.272 0.000 0.000 0.000 599.587
Unaccounted Water (Million Gallons):
NTMWD Deliveries 680.233 from Table above
Other Supplies 5.605 from Table above
Total Supplies 685.838 from Table above
Total Sales 599.587 from Table above
Estimated Fire Use 0.010 estimated from best available data
Estimated Line Flushing Use 21.935 estimated from best available data
Unaccounted Water 64.306
% Unaccounted 9.38%
Goal for % Unaccounted 12.00%
2010
3,130
APPENDIX D
Other
SuppliesMonth
NTMWD MEMBER CITY AND CUSTOMER WATER CONSERVATION REPORT
Deliveries
from
NTMWD
Sales by Category
Town of Prosper
Due: March 31 of every year
Glenn Soike
1/21/2011
D-2
Per Capita Municipal Use (Gallons per person per day)
Municipal Use (MG)685.838
Estimated Population 9,350 NCTCOG estimate
Per Capita Use (gpcd)201
Recorded Wholesale Sales by Month (in Million Gallons):
Month Sales to
______
Sales to
______
Sales to
______
Sales to
______
Sales to
______
Sales to
______
Sales to
______
January
February
March
April
May
June
July
August
September
October
November
December
TOTAL 0.000 0.000 0.000 0.000 0.000 0.000 0.000
Information on Wholesale Customers:
from Table above (NTMWD deliveries+ other supplies - industrial sales - municipal sales - other sales)
Total Wholesale Sales
0.000
0.000
0.000
0.000
5-year Per Capita Goal (___)
10-year Per Capita Goal (___)
0.000
0.000
0.000
0.000
0.000
0.000
0.000
Customer
Estimated
Population
0.000
0.000
D-3
Unusual Circumstances (use additional sheets if necessary):
Progress in Implementation of Conservation Plan (use additional sheets if necessary):
D-4
Conservation measures planned for next year (use additional sheets if necessary):
Assistance requested from North Texas Municipal Water District (use additional sheets if necessary):
Other (use additional sheets if necessary):
D-5
NTMWD
master meter
Numbers provided
by Prosper
35.891 33.720
33.366 33.183
36.707 37.024
50.972 49.867
40.784 43.496
68.76 68.399
77.563 78.931
106.403 84.101
29.444 48.938
34.447 36.935
33.31 36.009
24.539 26.773
D-1
Entity Reporting:
Filled Out By:
Date Completed:
Year Covered:
# of Connections
Recorded Deliveries and Sales by Month (in Million Gallons):
Residential Commercial Public/
Institutional Industrial Wholesale Total
January 30.59 0.232 19.767 2.725 22.492
February 22.303 0.062 18.578 2.604 21.182
March 29.708 0.017 18.668 2.346 21.014
April 29.453 0.004 27.679 3.763 31.442
May 65.719 0.074 40.613 5.486 46.099
June 94.939 0.797 60.609 10.545 71.154
July 80.614 1.136 59.446 11.497 70.943
August 111.238 2.189 87.471 13.547 101.018
September 66.84 1.093 61.030 11.302 72.332
October 66.4 0.001 52.884 9.452 62.336
November 41.876 0.000 42.271 6.774 49.045
December 40.553 0.000 26.299 4.231 30.530
TOTAL 680.233 5.605 515.315 84.272 0.000 0.000 0.000 599.587
Unaccounted Water (Million Gallons):
NTMWD Deliveries 680.233 from Table above
Other Supplies 5.605 from Table above
Total Supplies 685.838 from Table above
Total Sales 599.587 from Table above
Estimated Fire Use 0.010 estimated from best available data
Estimated Line Flushing Use 21.935 estimated from best available data
Unaccounted Water 64.306
% Unaccounted 9.38%
Goal for % Unaccounted 12.00%
2010
3,130
APPENDIX D
Other
SuppliesMonth
NTMWD MEMBER CITY AND CUSTOMER WATER CONSERVATION REPORT
Deliveries
from
NTMWD
Sales by Category
Town of Prosper
Due: March 31 of every year
Glenn Soike
1/21/2011
D-2
Per Capita Municipal Use (Gallons per person per day)
Municipal Use (MG)685.838
Estimated Population 9,350 NCTCOG estimate
Per Capita Use (gpcd)201
Recorded Wholesale Sales by Month (in Million Gallons):
Month Sales to
______
Sales to
______
Sales to
______
Sales to
______
Sales to
______
Sales to
______
Sales to
______
January
February
March
April
May
June
July
August
September
October
November
December
TOTAL 0.000 0.000 0.000 0.000 0.000 0.000 0.000
Information on Wholesale Customers:
from Table above (NTMWD deliveries+ other supplies - industrial sales - municipal sales - other sales)
Total Wholesale Sales
0.000
0.000
0.000
0.000
5-year Per Capita Goal (___)
10-year Per Capita Goal (___)
0.000
0.000
0.000
0.000
0.000
0.000
0.000
Customer
Estimated
Population
0.000
0.000
D-3
Unusual Circumstances (use additional sheets if necessary):
Progress in Implementation of Conservation Plan (use additional sheets if necessary):
D-4
Conservation measures planned for next year (use additional sheets if necessary):
Assistance requested from North Texas Municipal Water District (use additional sheets if necessary):
Other (use additional sheets if necessary):
D-5
NTMWD
master meter
Numbers provided
by Prosper
35.891 33.720
33.366 33.183
36.707 37.024
50.972 49.867
40.784 43.496
68.76 68.399
77.563 78.931
106.403 84.101
29.444 48.938
34.447 36.935
33.31 36.009
24.539 26.773
E-1
APPENDIX E
Considerations for Landscape Water Management Regulations
A. Purpose
The purpose of these proposed landscape water management regulations is to
provide a consistent mechanism for preventing the waste of water resources. To
enact these provisions, entities must verify legal authority to adopt such
provisions, and must promulgate valid rules, orders, or ordinances.
B. Required Measures
The following landscape water conservation measures are required to be included
in the landscape management regulations adopted and enforced in this plan.
1. Lawn and Landscape Irrigation Restrictions
a. A person commits an offense if the person irrigates, waters, or knowingly
or recklessly causes or allows the irrigation or watering of any lawn or
landscape located on any property owned, leased, or managed by the
person between the hours of 10:00 a.m. and 6:00 p.m. from April 1
through October 31 of any year.
b. A person commits an offense if the person knowingly or recklessly
irrigates, waters, or causes or allows the irrigation or watering of lawn or
landscape located on any property owned, leased, or managed by that
person in such a manner that causes:
i. over-watering lawn or landscape, such that a constant stream of water
overflows from the lawn or landscape onto a street or other drainage
area; or
ii. irrigating lawn or landscape during any form of precipitation or
freezing conditions. This restriction applies to all forms of irrigation,
including automatic sprinkler systems; or
iii. the irrigation of impervious surfaces or other non-irrigated areas, wind
driven water drift taken into consideration.
c. A person commits an offense if the person knowingly or recklessly allows
the irrigation or watering of any lawn or landscape located on any property
owned, leased, or managed by the person more than two times per week
(Sunday through Saturday).
2. Rain and Freeze Sensors and/or ET or Smart Controllers
a. Any new irrigation system installed on or after January 1, 2011, must be
equipped with rain and freeze sensing devices and/or ET or Smart
controllers in compliance with state design and installation regulations.
b. A person commits an offense on property owned, leased or managed if the
person:
E-2
i. knowingly or recklessly installs or allows the installation of new
irrigation systems in violation of Subsection B.2.a; or
ii. knowingly or recklessly operates or allows the operation of an
irrigation system that does not comply with Subsection B.2.a.
3. Filling or Refilling of Ponds
a. A person commits an offense if the person knowingly or recklessly fills or
refills any natural or manmade pond located on any property owned,
leased, or managed by the person by introducing any treated water to fill
or refill the pond. This does not restrict the filling or maintenance of pond
levels by the effect of natural water runoff or the introduction of well
water into the pond. A pond is considered to be a still body of water with
a surface area of 500 square feet or more.
4. Washing of Vehicles
a. A person commits an offense if the person knowingly or recklessly washes
a vehicle without using a water hose with a shut-off nozzle on any
property owned, leased, or managed by the person.
5. Enforcement
a. Each entity will develop its own set of penalties for violations of the
ordinance, order, or resolution. The ordinance, order, or resolution will
designate the responsible official(s) to implement and enforce the
landscape water conservation measures.
C. Recommended Measures
1. Lawn and Landscape Irrigation Restrictions
a. A person commits an offense if the person knowingly or recklessly
operates a lawn or irrigation system or device on property that the person
owns, leases, or manages that:
i. has broken or missing sprinkler head(s); or
ii. has not been properly maintained to prevent the waste of water.
b. A person commits an offense if the person knowingly or recklessly
overseeds a lawn with rye or winter grass on property that the person
owns, leases, or manages. Golf courses and public athletic fields are
exempt from this restriction.
c. All new athletic fields must have separate irrigation systems that are
capable of irrigating the playing fields separately from other open spaces.
2. Rain and Freeze Sensors
a. Existing irrigation systems must be retrofitted with similar rain and freeze
sensors capable of multiprogramming within 5 years.
D. Variances
E-3
1. In special cases, variances may be granted to persons demonstrating
extreme hardship or need. Variances may be granted under the following
circumstances:
a. the applicant must sign a compliance agreement agreeing to
irrigate or water the lawn and/or landscape only in the amount and
manner permitted by the variance; and
b. the variance must not cause an immediate significant reduction to
the water supply; and
c. the extreme hardship or need requiring the variance must relate to
the health, safety, or welfare of the person making the request; and
d. the health, safety, and welfare of the public and the person making
the request must not be adversely affected by the requested
variance.
2. A variance will be revoked upon a finding that:
a. the applicant can no longer demonstrate extreme hardship or need;
or
b. the terms of the compliance agreement are violated; or
c. the health, safety, or welfare of the public or other persons requires
revocation.
F-1
APPENDIX F
Letters to Region C and Region D Water Planning Groups
F-2
December 20, 2011
Region C Water Planning Group
North Texas Municipal Water District
P.O. Box 2408
Wylie, TX 75098
Dear Sir:
Enclosed please find a copy of the recently updated Model Water Conservation and
Drought Contingency and Water Emergency Response Plan for the Town of Prosper. I
am submitting a copy of this model plan to the Region C Water Planning Group in
accordance with the Texas Water Development Board and Texas Commission on
Environmental Quality rules.
Sincerely,
Frank E. Jaromin, PE
Director of Public Works
Prosper Texas
F-3
December 20, 2011
Mr. Jim Thompson
Chair, Region D Water Planning Group
P.O. Box 1107
Atlanta, TX 75551
Dear Mr. Thompson:
Enclosed please find a copy of the recently updated Model Water Conservation and
Drought Contingency and Water Emergency Response Plan for the Member Cities and
Customers of the North Texas Municipal Water District. I am submitting a copy of this
model plan to the Region D Water Planning Group in accordance with the Texas Water
Development Board and Texas Commission on Environmental Quality rules. The Board
of the North Texas Municipal Water District adopted the updated model plan on
November 2011.
Sincerely,
Jim Parks
Executive Director
North Texas Municipal Water District
G-1
APPENDIX G
Adoption of Water Conservation and Drought
Contingency and Water Emergency Response Plan
Municipal Ordinance
Adopting Water Conservation and Drought
Contingency and Water Emergency Response Plan
Ordinance No. ___________
AN ORDINANCE ADOPTING WATER CONSERVATION AND DROUGHT
CONTINGENCY AND WATER EMERGENCY RESPONSE PLAN FOR THE
TOWN OF PROSPER TO PROMOTE RESPONSIBLE USE OF WATER AND
TO PROVIDE FOR PENALTIES AND/OR THE DISCONNECTION OF WATER
SERVICE FOR NONCOMPLIANCE WITH THE PROVISIONS OF THE
WATER CONSERVATION AND DROUGHT CONTINGENCY AND WATER
EMERGENCY RESPONSE PLAN.
WHEREAS, the Town of Prosper, Texas (the “Town”), recognizes that the amount of
water available to its water customers is limited; and
WHEREAS, the Town recognizes that due to natural limitations, drought conditions,
system failures and other acts of God which may occur, the Town cannot guarantee an
uninterrupted water supply for all purposes at all times; and
WHEREAS, the Water Code and the regulations of the Texas Commission on
Environmental Quality (the “Commission”) require that the Town adopt a Water
Conservation and Drought Contingency and Water Emergency Response Plan; and
WHEREAS, the Town has determined an urgent need in the best interest of the public to
adopt a Water Conservation and Drought Contingency and Water Emergency Response
Plan; and
WHEREAS, pursuant to Chapter 54 of the Local Government Code, the Town is
authorized to adopt such Ordinances necessary to preserve and conserve its water
resources; and
WHEREAS, the Town Council of the Town of Prosper desires to adopt the Town of
Prosper Model Water Conservation and Drought Contingency and Water Emergency
Response Plan as official Town policy for the conservation of water.
G-2
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER THAT:
Section 1. The Town Council hereby approves and adopts the Town of Prosper Model
Water Conservation and Drought Contingency and Water Emergency Response Plan (the
“Plan”), attached hereto as Addendum A, as if recited verbatim herein. The Town
commits to implement the requirements and procedures set forth in the adopted Plan.
Section 2. Any customer, defined pursuant to 30 Tex. Admin. Code Chapter 291, failing
to comply with the provisions of the Plan shall be subject to a fine of up to two thousand
dollars ($2,000.00) and/or discontinuance of water service by the Town. Proof of a
culpable mental state is not required for a conviction of an offense under this section.
Each day a customer fails to comply with the Plan is a separate violation. The Town's
authority to seek injunctive or other civil relief available under the law is not limited by
this section.
Section 3. The Town Council does hereby find and declare that sufficient written notice
of the date, hour, place and subject of the meeting adopting this Ordinance was posted at
a designated place convenient to the public for the time required by law preceding the
meeting, that such place of posting was readily accessible at all times to the general
public, and that all of the foregoing was done as required by law at all times during which
this Ordinance and the subject matter thereof has been discussed, considered and
formally acted upon. The Town Council further ratifies, approves and confirms such
written notice and the posting thereof.
Section 4. Should any paragraph, sentence, clause, phrase or word of this Ordinance be
declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall
not be affected.
Section 5. The Town Manager or his designee is hereby directed to file a copy of the
Plan and this Ordinance with the Commission in accordance with Title 30, Chapter 288
of the Texas Administrative Code.
Section 6. The Town Secretary is hereby authorized and directed to cause publication of
the descriptive caption of this ordinance as an alternative method of publication provided
by law.
Section 7. {If Applicable} Ordinance No. _______, adopted on _________, is hereby
repealed.
Passed by the Town Council on this ___ day of _____, ____.
______________________________________
Mayor James Smith
G-3
Attest:
______________________________________
Town Secretary
Page 1 of 2
Prosper is a place where everyone matters.
To: Mayor and Town Council
From: Wade Harden, Senior Parks and Recreation Planner
Cc: Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting – December 13, 2011
Date: December 7, 2011
Agenda Item:
Consider and act upon 1) a professional services agreement between the Town of Prosper and
Jacobs Engineering for the layout and grading plan for the Frontier Park Improvements and 2) a
resolution authorizing the Town Manager to execute the same.
Description of Agenda Item:
The Community Board and Parks & Recreation Board have approved designs and construction
of improvements to Frontier Park. These improvements include a pavilion structure,
amphitheater area, Windmill Playground, and a splashground. These improvements will be
presented to the Town Council for action in January of 2012. Prior to the Council taking action
on the improvements a site and grading plan is needed.
Jacobs Engineering Group, Inc. was contacted to provide a proposal (see attached) for
professional services that include the following –
1. 2 conceptual site plans
2. Attend PARBd meeting to discuss concept plan.
3. Provide grading plans and layout plans for improvements of the pavilion, playground,
and sprayground. The plan will include finished floor elevations for the proposed
pavilions and amphitheater. Jacobs will prepare general layout plans for the location of
the other facilities, but these will be approximate dimensions based on information
provided by the client.
4. Provide electrical design to provide ground boxes for emergency lighting and plugs for
other electrical needs.
These services would be a maximum of $9,000 including direct expenses.
Budget Impact:
The Windmill Playground fund will be utilized for funding.
Legal Obligations and Review:
Legal has reviewed the Town’s standard professional services agreement.
PARKS &
RECREATION
Page 2 of 2
Attached Documents:
1. Professional Services Agreement
2. Location Map
3. Resolution
Parks and Recreation Board Recommendation (PARBd):
At the December 8, 2011 PARBd meeting, the Parks & Recreation Board recommended the
Town Council approve the contract with Jacobs Engineering, Inc. in the amount of $9,000, by a
vote of 4-0.
Town Staff Recommendation:
Town staff recommends the Town Council 1) approve the professional services contract in the
amount of $9,000 with Jacobs Engineering Group, Inc. and 2) adopt a resolution authorizing the
Town Manager to execute the same.
Professional Services Agreement JEG (Lump Sum) Page 1 of 2 Revised 08/31/09
[Insert Office Address]
PROFESSIONAL SERVICES
AGREEMENT
PROJECT
NAME: Town of Prosper]
PROJECT
NUMBER:]
CLIENT: Wade Harden, Wade Harden, Senior Parks & Recreation Planner
ADDRESS: Physical Address
407 E. First Street.,
Prosper TX 75078
hereby requests and authorizes Jacobs Engineering Group Inc. (“Jacobs”) to perform the following
Services:
SCOPE OF
SERVICES:
[Jacobs Engineering Group Inc. will provide Landscape Architectural Services to support The
Town of Propser in the development of the proposed improvements of a pavillion, sprayground,
and playground. Services to be provided shall be as follows:
1. Provide two (2) conceptual plans for the proposed layouts of the playground, spraypark,
pavillion, amphetheater, sidewalks, and drainage.
2. Attend a meeting with the client to discuss concept plans.
3. Jacobs will provide grading plans and layout plans for improvements of the pavillion,
playground, and sprayground. Material selections, facility layout, structural design (including
foundation design), electrical design for these facilities shall be prepared by others. Jacobs
shall prepare grading plans which will include Finished floor elevations for the proposed
pavillions and amphatheater. Jacobs will prepare general layout plans for the location of the
other facilities, but these will be approximate dimensions based on information provided by the
client.
4. Jacobs will provide electrical design to provide ground boxes for emergency lighting and
plugs for other electrical needs. Jacobs will not provide any fixed site lighting or electrical for
the pavillion, playground, and sprayground. This will be done by others.
Potential additional services could include, but may not be limited to:
1. Specifications for improvements.
2. Electrical Design for pavillion lighting, playground lighting, and other site lighting.
3. Specification for additional electrical design.
4.Design of complimentary hardscape/softscape improvements around playground
sprayground.
5.Design modeling and/or materials mock-ups.
Professional Services Agreement JEG (Lump Sum) Page 2 of 2 Revised 08/31/09
EXHIBIT “A”
Estimated professional design fees for the above services shall be:
Base Contract
Task 1 – $ 2,000
Task 2 – $ 500
Task 3 – $ 4,500
Task 4 – $ 1,500
Additional services
Task 1 – $ 2,500
Task 2 – $ 2,000
Task 3 - $ 500
Task 4
Direct Cost $500
TOTAL Base Contract (including direct expenses) - $ 9,000
Assumptions:
Contract does not include and Construction observation services.
Contract does not include TDLR submission (it is anticipated the contract will be less than
$50,000 total construction budget. This means the pavillion, playground and sprayground will
be bid separately.
Contract does not include any structural design or geotechnical services.
Contract Does not include any subsurface drainage improvements.
COMPENSATION to be on a basis of:
Professional Services Agreement JEG (Lump Sum) Page 3 of 2 Revised 08/31/09
a Lump Sum amount of $ [9,000 (nine thousand dollars). This Lump Sum includes all charges for professional
services, which will be provided by Jacobs and all outside sources and an estimate of expenses. Should actual
expenses exceed the Lump Sum amount; Jacobs will submit a statement within thirty (30) days of completion of
Services for such expenses. Additional Services authorized in writing or otherwise confirmed by Client will be
billed in addition to the lump sum amount as provided in Paragraph 7 on page 2 of this authorization.
The parties agree to the “Provisions” provided on page 2 of this authorization.
I:\PLA\MARKETING\prosper
Accepted for CLIENT Accepted for JACOBS ENGINEERING GROUP INC.
By: By:
Name: Name: [Insert Name]
Title: Title: [Insert Title]
Date: Date: [Insert Date]
File: PSA Provisions – JEG Page 4 of 2 Revised 08/31/09
PROVISIONS
1. AUTHORIZATION TO PROCEED. Signing this Agreement shall be
construed as authorization by CLIENT for JACOBS to proceed with the
Services, unless otherwise provided for in this Agreement.
2. LABOR COSTS. In the event JACOBS’ compensation is calculated by
reference to JACOBS’ Labor Costs, Labor Costs shall be the amount calculated
by the number of hours actually worked by each of JACOBS’ employees on
CLIENT's Project, multiplied by an amount charged for each such employee's
work, which is calculated by dividing each such employee's annualized, non-
overtime compensation (whether salary or paid to such employee at an hourly
rate, as the case may be) by 2,080 hours per year.
3. DIRECT EXPENSES. JACOBS’ Direct Expenses shall be those costs
incurred on or directly for the CLIENT's Project, including but not limited to
necessary transportation costs including mileage at JACOBS’ current rate when
its automobiles are used, meals and lodging, laboratory tests and analyses,
computer services, word processing services, telephone, printing and binding
charges. Reimbursement for these expenses shall be on the basis of actual
charges when furnished by commercial sources and on the basis of usual
commercial charges when furnished by JACOBS.
4. OUTSIDE SERVICES. When technical or professional services are
furnished by an outside source, when approved by CLIENT, an additional
amount shall be added to the cost of these services for JACOBS’ administrative
costs.
5. COST ESTIMATES. Any cost estimates provided by JACOBS will be on a
basis of experience and judgment. Since JACOBS has no control over market
conditions or bidding procedures, JACOBS does not warrant that bids or
ultimate construction costs will not vary from these cost estimates.
6. PROFESSIONAL STANDARDS. JACOBS shall be responsible, to the
level of competency presently maintained by other practicing professionals in
the same type of work in CLIENT's community, for the professional and
technical soundness, accuracy, and adequacy of all design, drawings,
specifications, and other work and materials furnished under this Agreement. If
after completion of the Services the CLIENT can demonstrate that the Services
hereunder fail to conform to such standards, JACOBS will reperform the
deficient Services at no cost to the CLIENT, and JACOBS shall have no liability
for repair or replacement, construction rework or other costs. JACOBS makes
no warranty, expressed or implied.
7. ADDITIONAL SERVICES. Services in addition to those specified in Scope
of Services will be provided by JACOBS if authorized in writing or otherwise
confirmed by CLIENT. Additional services will be paid for by CLIENT as
indicated in any Letter of Proposal, Task Authorization, or such other document
as deemed appropriate by CLIENT and JACOBS. In the absence of an express
agreement about compensation, JACOBS shall be entitled to an equitable
adjustment to its compensation for performing such additional services.
8. SALES TAX. In addition to any other sums or amounts required to be paid
by CLIENT to JACOBS pursuant to this Agreement, CLIENT must also pay to
JACOBS the amount of any applicable sales, use, excise or other tax with
respect thereto (other than any general income tax payable by JACOBS with
respect thereto) as the same may be levied, imposed or assessed by any
federal, state, county or municipal government entity or agency.
9. LIMITATION OF LIABILITY. Excluding JACOBS’ liability for bodily injury or
damage to the property of third parties, the total aggregate liability of JACOBS
arising out of the performance or breach of this Agreement shall not exceed the
compensation paid to JACOBS under this Agreement. Notwithstanding any
other provision of this Agreement, JACOBS shall have no liability to the CLIENT
for contingent, consequential, or other indirect damages including, without
limitation, damages for loss of use, revenue or profit; operating costs and facility
downtime, however the same may be caused. The limitations and exclusions of
liability set forth in this Article shall apply regardless of the fault, breach of
contract, tort (including negligence), strict liability or otherwise of JACOBS, its
employees, or subconsultants.
10. DISPUTE RESOLUTION. All disputes arising out of this Agreement shall
be mediated by the parties within a reasonable time after the first request for
mediation, prior to either party filing a suit in a court of law, provided, however,
that neither party shall be obligated to mediate prior to requesting injunctive
relief.
11. ASSIGNMENT TO RELATED ENTITY. Notwithstanding anything in this
Agreement to the contrary, in the event JACOBS is not qualified and licensed in
the relevant jurisdiction to provide any Services required hereunder, JACOBS
may, without the consent of any other party, assign all or any part of its
obligation to provide such Services to an entity related to JACOBS which is
qualified and licensed to provide such Services in the jurisdiction involved and
which is contractually bound to JACOBS to provide such Services.
12. PAYMENT TO JACOBS / INTEREST ON PAST-DUE AMOUNTS. Monthly
invoices will be issued by JACOBS for all Services performed under the terms of
this Agreement. Invoices are due and payable net 15 days. CLIENT agrees to pay
interest at the rate of 1½% per month on all past-due amounts, unless not
permitted by law. Any interest charged or collected in excess of the highest legal
rate will be applied to the principal amount owing to JACOBS, and if such interest
exceeds the principal balance of CLIENT’s indebtedness to JACOBS, will be
returned to CLIENT.
13. TERMINATION FOR NON-PAYMENT OF FEES. Without limiting any other
remedy that may be available, JACOBS may stop work or terminate this
Agreement if CLIENT has not cured a payment default within 7 days after receipt
of written notice from JACOBS. Any failure to make a payment within the time
required in Article 12 above shall constitute a payment default. Notice by e-mail or
fax, followed by overnight courier, shall meet this notice requirement. JACOBS’
right to stop work or terminate this Agreement shall not be waived by JACOBS’
continued performance during any period of investigation by JACOBS to
determine the reasons for CLIENT’s nonpayment.
14. LEGAL EXPENSES. In the event legal action is brought by JACOBS to
enforce any of the obligations hereunder or arising out of any dispute concerning
the terms and conditions hereby created, CLIENT shall pay JACOBS reasonable
amounts for fees, costs and expenses as may be set by the court.
15. CONSTRUCTION PHASE SERVICES. If this Agreement includes the
furnishing of any Services during the construction phase of the project, the
following terms will apply: (a) If JACOBS is called upon to observe the work of
CLIENT’s construction contractor(s) for the detection of defects or deficiencies in
such work, JACOBS will not bear any responsibility or liability for such defects or
deficiencies or for the failure to so detect. JACOBS shall not make inspections or
reviews of the safety programs or procedures of the construction contractor(s),
and shall not review their work for the purpose of ensuring their compliance with
safety standards. (b) If JACOBS is called upon to review submittals from
construction contractors, JACOBS shall review and approve or take other
appropriate action upon construction contractor(s)’ submittals such as shop
drawings, product data and samples, but only for the limited purpose of checking
for conformance with information given and the design concept expressed in the
contract documents. JACOBS’ action shall be taken with such reasonable
promptness as to cause no delay in the work while allowing sufficient time in
JACOBS’ professional judgment to permit adequate review. Review of such
submittals will not be conducted for the purpose of determining the accuracy and
completeness of other details such as dimensions and quantities. (c) JACOBS
shall not assume any responsibility or liability for performance of the construction
services, or for the safety of persons and property during construction, or for
compliance with federal, state and local statutes, rules, regulations and codes
applicable to the conduct of the construction services. JACOBS shall have no
influence over the construction means, methods, techniques, sequences or
procedures. Construction safety shall remain the sole responsibility of the
construction contractor(s). (d) All contracts between CLIENT and its construction
contractor(s) shall contain broad form indemnity and insurance clauses in favor of
CLIENT and JACOBS, in a form satisfactory to JACOBS.
16. SEVERABILITY. In case any one or more of the provisions contained in this
Agreement shall be held illegal, the enforceability of the remaining provisions
contained herein shall not be impaired thereby.
17. FORCE MAJEURE. Any delays in or failure of performance by JACOBS
shall not constitute breach hereunder if and to the extent such delays or failures of
performance are caused by occurrences beyond the reasonable control of
JACOBS. In the event that any event of force majeure as herein defined occurs,
JACOBS shall be entitled to a reasonable extension of time for performance of its
Services under this Agreement.
18. ELECTRONIC MEDIA. (a) As a component of the services provided under
this Agreement, JACOBS may deliver electronic copies of certain documents or
data (the "Electronic Files") in addition to printed copies (the "Hard Copies") for the
convenience of CLIENT. CLIENT and its consultants, contractors and
subcontractors may only rely on the Hard Copies furnished by JACOBS to
CLIENT. If there is any discrepancy between any Electronic File and the
corresponding Hard Copy, the Hard Copy controls. (b) CLIENT acknowledges
that Electronic Files can be altered or modified without JACOBS’ authorization,
can become corrupted and that errors can occur in the transmission of such
Electronic Files.
19. THIRD PARTY BENEFICIARIES. Except to the extent any claims alleging
negligence are asserted directly against any JACOBS employee wherein such
JACOBS employee shall be deemed a third party beneficiary to this Agreement
and the protections in favor of JACOBS, there are no third party beneficiaries to
this Agreement.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 11-72
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT FOR THE LAYOUT AND
GRADING PLAN FOR THE FRONTIER PARK IMPROVEMENTS,
BETWEEN JACOBS ENGINEERING GROUP, INC. AND THE TOWN
OF PROSPER.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby
authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, a
Professional Services Agreement for the layout and grading plan for the Frontier Park
Improvements, between Jacobs Engineering Group, Inc., and the Town of Prosper, as
hereto attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 13th day of December, 2011.
______________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana, TRMC
Town Secretary
Page 1 of 9
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
CC: Mike Land, Town Manager
Wade Harden, Senior Parks & Recreation Planner
Re: Town Council Meeting – December 13, 2011
Date: December 9, 2011
Agenda Item:
Discuss and provide direction concerning park land dedication and park improvement fee
requirements for a portion of the Brookhollow development.
Description of Agenda Item:
LandPlan, the developer of Brookhollow, is requesting the Town give direction on the park land
dedication and park improvement fee requirements for portions of property located within the
Brookhollow development. The properties being considered are shown as Prosper North 162
and Prosper West 250 on the attached exhibit. These tracts are also located within Planned
Development Zoning Districts (PD-39 and PD-25, respectively) and have different requirements
for park land dedication and/or open space.
Town Requirements:
Park Land Dedication: The Town’s Subdivision Ordinance requires a developer to dedicate one
(1) acre of public park land for every thirty-five (35) residential units, or in an amount
proportionately equal to five percent (5%) of the total acreage, whichever is greater. The Parks
and Recreation Board (PARBd) has the ability to recommend the Town accept the public
dedication of park land or require the developer to pay fees in lieu of the land dedication. In
addition, Section 13.4.4 of the Town’s Subdivision Ordinance allows the PARBd and Town
Council to consider granting land conveyance credits for private improvements that conform to
the Town’s Parks, Recreation and Open Space Master Plan.
Park Improvement Fees: The Town’s Subdivision Ordinance requires a developer to pay a fee
per residential unit for park improvements. The amount of the fee can either be the fee
stipulated in the Planned Development or fall back to the Town’s Subdivision Ordinance as it
currently exists.
Hike & Bike Trails: The Parks, Recreation and Open Space Master Plan depict the proposed
locations of hike & bike trails throughout the Town. Park Improvement Fees can be used to
reimburse the developer for the cost of constructing these improvements.
PARKS &
RECREATION
Prosper is a place where everyone matters.
Page 2 of 9
Prosper North 162 – The property depicted north of First Street is located within Planned
Development-39 (PD-39).
Park Land Dedication: PD-39 requires 5% of the net platted area of land to be dedicated as
public park. The intent of this requirement was to complete the acquisition of land around Town
Lake. There is no requirement in PD-39 for additional dedication of private open space.
Park Improvement Fees: In accordance with the requirements set forth in PD-39, the developer
is required to pay a fee of $1,000 per residential unit for park improvements. The PARBd has
the ability to recommend the fees be paid or to issue up to a 100% credit towards these required
fees for park improvements made by the developer.
Hike & Bike Trails: The master plan depicts hike & bike trails in the following locations:
o Along the overhead electric easement from First Street with a connection to
Whitley Place.
o North side of the development around Town Lake with a connection to
Greenspoint and Whitley Place.
o Connection of the northern trail to the overhead electric easement trail.
Prosper West 250 – The property depicted south of First Street is located with Planned
Development-25 (PD-25).
Park Land Dedication: The park land dedication requirement for this portion of PD-25 is not
stipulated in the Planned Development and falls back to the Town’s Subdivision Ordinance,
which requires dedication of one (1) acre of public parkland for every thirty-five (35) residential
units, or in an amount proportionately equal to five percent (5%) of the total acreage, whichever
is greater. There is a requirement in PD-25 for 45 acres of open space including but not limited
to linear parks, pocket parks, water features, creeks and natural preserved areas. Any park
land dedicated as part of this property can also count towards the open space requirement.
Park Improvement Fees: In accordance with the requirements set forth in PD-25, the developer
is required to pay a fee of $1,500 per single family unit for park improvements. The PARBd has
the ability to recommend the fees be paid or to issue up to a 100% credit towards these required
fees for park improvements made by the developer.
Hike & Bike Trails: The master plan depicts hike & bike trails in the following locations:
o Along the overhead electric easement from Coit Road to First Street.
o Along the City of Irving water line easement.
o Connection of the overhead electric easement trail to First Street west of the
northern detention pond on the property.
o Two (2) connections of the overhead electric easement trail to the City or Irving
water line easement trail.
Page 3 of 9
LandPlan Proposal for Prosper North 162:
Description Town Requirement Proposed Dedication Proposed Credit
Public Park
Dedication
(including lake)
6.8 Acres based on
5% of net platted
area
13.0 Acres 13.0 Acres
Private Open
Space
0 16.9 Acres 16.9 Acres
Private Open
Space (electrical
easement)
0 13.0 Acres 13.0 Acres
Total 6.8 Acres 42.9 acres 42.9 Acres
Notes: Park Improvement fees of $1,000/lot can be used for improvements including but not
limited to trails, pavilions, picnic tables, benches, playground(s) and trail lighting.
Town is responsible for the cost of maintenance of trails and other improvement and
buffers of landscaping adjacent to improvements.
Applicant currently has a $17,191.92 credit toward its park fees by reason of a previous
land dedication.
Park Land Dedication: As depicted on the attached exhibit, LandPlan is proposing to dedicate
approximately 13 acres of public park land around Town Lake including the lake. In addition,
LandPlan is dedicating 29.9 acres of private open space, which includes overhead electric
easement and floodplain.
Park Improvement Fees: LandPlan is proposing to use the $1,000/lot park improvement fees
for trails, pavilions, playgrounds, and trail lighting. LandPlan is also requesting that the Town
contribute toward the cost of maintenance of trails, other improvements and buffers of
landscaping adjacent to improvements.
Hike & Bike Trails: LandPlan is showing a hike & bike trail along the north side of the property
connecting Town Lake to Whitley Place and Greenspoint but is not showing a hike & bike trail
within the electric easement from First Street to Whitley Place and the connectivity from the
overhead electric easement trail to the Town Lake trail.
intentionally left blank
Page 4 of 9
LandPlan Proposal for Prosper West 250:
Description Town Requirement Proposed Dedication Proposed Credit
Open Space or
Public Park
(including ponds)
10 Acres 28.0 Acres 28.0 Acres
Private Open
Space (waterline
easement)
3.3 Acres 3.3 Acres 3.3 Acres
Private Open
Space (electrical
easement)
12.7 Acres 12.7 Acres 12.7 Acres
Amenity Center
($1.2 million min
@ $60,000/acre.)
20.0 Acres 20.0 Acres
Total 26.0 Acres 64.0 Acres 64 Acres
Notes: At the time of the zoning of the Prosper West 250 the park dedication requirement
was 5% of the land area and this requirement was used to determine the amount of Open
Space. It is the applicant’s opinion that Open Space and Park Dedication were used
synonymously.
Park Improvement fees of $1,500/lot can be used for improvements including but not
limited to trails, pavilions, picnic tables, benches, playground(s) and trail lighting.
Town is responsible for the cost of maintenance of trails and other improvement and
buffers of landscaping adjacent to improvements.
Park Land Dedication: As depicted on the attached exhibit, LandPlan is proposing to dedicate
28 acres of open space or park land that include two detention ponds. They are also proposing
to dedicate 16 acres of private open space, which includes the City of Irving water line
easement, overhead electric easement and floodplain. In addition, they are requesting a credit
of 20 acres towards of public park land for construction of a $1,200,000 amenity center.
Park Improvement Fees: LandPlan is proposing to use the $1,500/lot park improvement fees
for trails, pavilions, playgrounds, and trail lighting. LandPlan is also requesting that the Town
contribute toward the cost of maintenance of trails, other improvements and buffers of
landscaping adjacent to improvements.
Hike & Bike Trails: LandPlan is showing a hike & bike trail within the electrical easement and
connection of the overhead electric easement trail to First Street. LandPlan’s proposal does not
include a hike & bike trail within the City of Irving water line easement or connectivity between
the overhead electric easement trail and City of Irving water line easement trail.
intentionally left blank
Page 5 of 9
Staff Comments to Prosper North 162:
13 acres shown on the exhibit from LandPlan around Town Lake Park is unclear. Need detailed
exhibit to show acreage required to complete Town Lake Park. This amount is to be determined
once we have more information about the land being proposed for park dedication (i.e.
topography, floodplain, existing vegetation, access, etc.), but at this time we cannot recommend
a specific amount of acreage. The specifics of the area to be dedicated will need to be
determined at the time of concept plan. Staff supports no additional park land dedication than
what is required per the PD–39 to complete Town Lake Park. (5% of net platted acreage,
approximately 8.5 acres). While park land dedication is allowed to be transferred between PD–
39 and PD–25 per the PD–39 ordinance it is subject to Town’s approval and staff is not in
support of transferring park land credits from PD–25 because of the priority for Waterline
Community Park.
Private open space of 16.9 acres may be evaluated by the PARBd and Town Council for
possible park land credits but staff is not supportive of any additional park land dedication or
credits except the amount required by PD–39 to complete Town Lake Park.
13 acres of private open space (electrical easement) not viable as park land and will not be
recommended by staff for park land credits. Town staff is recommending this area be HOA
owned and maintained open space with a hike and bike trail easement as recommended by the
Town’s Parks, Recreation and Open Space Master Plan.
Park Improvement fees can be used for improvements once details are provided and approved
by the Town Council with a recommendation from the Parks and Recreation Board. The
development of items commonly provided in a neighborhood park such as playground
equipment, unlighted practice fields, unlighted tennis courts and basketball goals, picnic areas
with benches, picnic tables and cooking grills, pavilions, gazebos, trails and security lighting are
supported by the master plan if located in appropriate locations. The specific amount of credits
to be considered shall be determined once details are provided by the developer.
Town is responsible for maintenance of trails but not other undefined other improvements or
buffers of landscaping adjacent to those improvements. Additional detail is needed on the other
improvements proposed before a decision is made on Town maintenance responsibility.
Section 2.10 of PD–39 requires the HOA to be responsible for maintenance of common areas.
Credit of $17,191.92 is in an agreement that has not been approved for assignment by the
Town. Also, the credit was transferred to a portion of Prosper North 162 that is not owned by
Jim Williams and is not included in the exhibits provided. It was a part of the land sold to Mr. Hill
under Prosper 310. That credit if the assignment were approved would be Mr. Hill’s.
intentionally left blank
Page 6 of 9
Staff Comments to Prosper West 250:
Park land is not discussed in PD–25, so dedication of park land in PD–25 shall meet current
Town requirements. Open space is required per PD–25 and allows approved park land to
counts towards the open space requirement, but does not require the Town to accept open
space as park land or in place of the required park dedication. The Town’s Parks, Recreation
and Open Space Master Plan shows Waterline Community Park be located on this property and
Town staff recommends that all required park land be dedicated for that purpose. The specifics
of the area to be dedicated will need to be determined at the time of preliminary plat.
16 acres of private open space (3.3 acres waterline easement and 12.7 acres electrical
easement) not viable as park land and will not be recommended by staff for park land credits.
Town staff is recommending this area be HOA owned and maintained open space with a hike
and bike trail easement as recommended by the Town’s Parks, Recreation and Open Space
Master Plan.
Credit of 20 acres for $1.2 million amenity center to be evaluated by the PARBd and Town
Council for possible credits. There is no detailed documentation being provided to show the
extent of the improvements proposed with the amenity center or the $60,000/acre value
assigned. The value calculated for per acre credit shall be in conformance with the
requirements in the Town’s Subdivision Ordinance below:
13.5.2 In determining the average per-acre value of the total land included within the
proposed residential development, the Town Council may base its determination on
one or more of the following:
13.5.2a The most recent appraisal of all or part of the property made by the central
appraisal district; or
13.5.2b Confirmed sale prices of all or part of the property to be developed, or
comparable property in close proximity thereof, which have occurred within two years
immediately preceding the date of determination; or
13.5.2c Where, in the judgment of the Town Council, Section 13.5.2a or 13.5.2b
above would not, because of changed conditions, be a reliable indication of the then-
current value of the land being developed, an independent appraisal of the whole
property obtained by the Town and paid for by the Developer; or
13.5.2d The amount set forth in the Fee Schedule Ordinance No. 02-33 as it currently
exists or may be amended. List of improvements on the amenity center property shall
be submitted prior to any action on the credits.
Park Improvement fees can be used for improvements once details are provided and approved
by the Town Council with a recommendation from the Parks and Recreation Board. The
development of items commonly provided in a neighborhood park such as playground
equipment, unlighted practice fields, unlighted tennis courts and basketball goals, picnic areas
with benches, picnic tables and cooking grills, pavilions, gazebos, trails and security lighting are
supported by the master plan if located in appropriate locations. The specific amount of credits
to be considered shall be determined once details are provided by the developer.
Town is responsible for maintenance of trails but not other undefined other improvements or
buffers of landscaping adjacent to those improvements. Additional detail is needed on the other
improvements proposed before a decision is made on Town maintenance responsibility.
Section 2.6 of PD–25 requires the HOA to be responsible for maintenance of common areas.
LandPlan is proposing the following 32.45 acres to fulfill the park land dedication requirements:
Page 7 of 9
Budget Impact:
The Park Land Dedication and Park Improvement Fee fund balances will be impacted by the
acceptance of credits in lieu of fees.
Legal Obligations and Review:
Legal review of this item is not required at this time.
Attached Documents:
1. Tract Map showing the limits of properties being discussed
2. Parks Master Plan
3. Hike & Bike Trails Map
4. LandPlan’s Proposal
Parks and Recreation Board Recommendation:
On Thursday December 8, 2011, the Parks and Recreation Board (PARBd) considered this item
and made the following motion:
Prosper North 162
Park Land Dedication: Dedication of 5% of the net platted area of land to be dedicated as
public park around Town Lake including the lake. The specifics of the area to be dedicated will
need to be determined at the time of concept plan.
Park Improvement Fees: The developer is required to pay a fee of $1,000 per residential unit
for park improvements. The PARBd will evaluate the specific amount of credits once details are
provided by the developer. Considerations may include playground equipment, picnic areas
with benches, picnic tables and cooking grills, pavilions, gazebos, trails and security lighting if
located in appropriate locations as supported by the master plan.
Hike & Bike Trails: Recommend that the hike & bike trail be located along the north side of the
property connecting Town Lake to Whitley Place and Greenspoint in accordance with the
Town’s Parks, Recreation & Open Space Master Plan. If the development is gated, the trail
located in the electrical easement and connections to the northern trail, depicted in the Town’s
Parks, Recreation & Open Space Master Plan, may be eliminated.
Prosper West 250
Park Land Dedication: Dedication of approximately 22.23 acres of contiguous developable
public park land in accordance with the Town’s Subdivision Ordinance being 1 acre for every
thirty-five (35) residential units, or in an amount proportionately equal to five percent (5%) of the
total acreage, whichever is greater, to serve as Waterline Community Park. The specifics of the
area to be dedicated will need to be determined at the time of preliminary plat and shall conform
with the requirements of the Town’s Parks, Recreation and Open Space Master Plan. The two
(2) open space areas that include the detention ponds and hike and bike trail adjacent to, but
not including, the electrical easement may be considered for potential park land dedication
credits upon review of additional details.
Park Improvement Fees: The developer is required to pay a fee of $1,500 per residential unit
for park improvements. The PARBd will evaluate the specific amount of credits once details are
provided by the developer. Considerations may include playground equipment, unlighted
practice fields, unlighted tennis courts and basketball goals, picnic areas with benches, picnic
tables and cooking grills, pavilions, gazebos, trails and security lighting if located in appropriate
locations as supported by the master plan.
Page 8 of 9
Hike & Bike Trails: Recommend that the hike & bike trails be located within the waterline
easement and electrical easement in accordance with the Town’s Parks, Recreation & Open
Space Master Plan.
Town Staff Recommendation:
Town staff recommends the Town Council give LandPlan direction in the form of a motion that
the proposal from LandPlan cannot be approved as submitted since it does not conform to the
Town’s Subdivision Ordinance and the Town’s Parks, Recreation & Open Space Master Plan.
The recommendation to the Town Council is the following:
Prosper North 162
Park Land Dedication: Dedication of 5% of the net platted area of land to be dedicated as
public park around Town Lake including the lake. The specifics of the area to be dedicated will
need to be determined at the time of concept plan.
Park Improvement Fees: The developer is required to pay a fee of $1,000 per residential unit
for park improvements. The PARBd will evaluate the specific amount of credits once details are
provided by the developer. Considerations may include playground equipment, picnic areas
with benches, picnic tables and cooking grills, pavilions, gazebos, trails and security lighting if
located in appropriate locations as supported by the master plan.
Hike & Bike Trails: Recommend that the hike & bike trails be located along the north side of the
property connecting Town Lake to Whitley Place and Greenspoint as well as within the electrical
easement connecting to Whitley Place in accordance with the Town’s Parks, Recreation & Open
Space Master Plan.
Prosper West 250
Park Land Dedication: Dedication of approximately 22.23 acres of contiguous developable
public park land in accordance with the Town’s Subdivision Ordinance being 1 acre for every
thirty-five (35) residential units, or in an amount proportionately equal to five percent (5%) of the
total acreage, whichever is greater, to serve as Waterline Community Park. The specifics of the
area to be dedicated will need to be determined at the time of preliminary plat and shall conform
with the requirements of the Town’s Parks, Recreation and Open Space Master Plan.
Park Improvement Fees: The developer is required to pay a fee of $1,500 per residential unit
for park improvements. The PARBd will evaluate the specific amount of credits once details are
provided by the developer. Considerations may include playground equipment, unlighted
practice fields, unlighted tennis courts and basketball goals, picnic areas with benches, picnic
tables and cooking grills, pavilions, gazebos, trails and security lighting if located in appropriate
locations as supported by the master plan.
Hike & Bike Trails: Recommend that the hike & bike trails be located within the waterline
easement and electrical easement in accordance with the Town’s Parks, Recreation & Open
Space Master Plan.
Page 9 of 9
Difference Between PARBd Recommendation and Town Staff Recommendation:
Prosper North 162
Hike & Bike Trails:
PARBd supports the elimination hike & bike trail located in the electrical easement and
connections to the northern trail, depicted in the Town’s Parks, Recreation & Open Space
Master Plan, if the development is gated.
Town staff recommends all hike & bike trails be constructed per the Town’s Parks, Recreation &
Open Space Master Plan.
Prosper West 250
Park Land Dedication: PARBd supports considering potential park land dedication credits for
the two (2) open space areas that include the detention ponds and hike and bike trail adjacent
to, but not including, the electrical easement upon review of additional details.
Town staff recommends no park land dedication credits be given for private open space and
utilize all required park land dedication for Waterline Community Park.
P N th 162ProsperNorth162COITRD.E FIRST STProsperWest250E.FIRSTST.FuturePhase*Under separate ownershipUnderseparateownershipScaleUnknown
ScaleUnknown
PondsorLakeProposedTrailperLandplan&depictedonMasterPlanTil Mt Pl tCOITRD.E FIRST STTrailperMasterPlannotdepictedonproposalTrailperMasterPlanconstructed w/ future phaseE.FIRSTST.constructedw/futurephaseScaleUnknown
PondsorLakeTrailperLandPlanFuture PhaseCOITRD.E FIRST STFuturePhaseE.FIRSTST.OpenSpace13ac.DedicationofParklandScaleUnknown
To: Mayor and Town Council
From: Frank E. Jaromin, P.E., Director of Public Works
CC: Mike Land, Town Manager
Re: Town Council Meeting December 13, 2011
Date: November 23, 2011
Agenda Item:
Consider and act upon an Ordinance setting Public Works Fees.
Description of Agenda Item:
Public Works has been charging for the majority of the fees shown on the Fee Schedule
attached:
The major fees that Pubic Works has yet to charge for are:
• Public Works Inspections which includes TV inspections of the sanitary sewer line
• Re-Inspections fees (same as Building Inspectors)
• Call back fee
• Meter accuracy testing
• Replace Damaged register (on new homes)
• Upper Trinity Regional Water District connection fees
Fees that have increased are:
• After hours reconnections
• Business hours connections
The intent of the new fees are to recover direct cost associated with new home construction, to
capture current short falls in services provided, to eliminate the multiple re-inspections, to help
the builders with faster service, and reduce the overall man hours spent per new home
inspection. Public Works staff held meetings on August 11 and November 18, 2011 to discuss
the updated Public Works Fee Schedule with the Prosper Developers Council and the Prosper
Home Builders respectively.
Budget Impact:
Public Works
The total revenue increase is anticipated to be $10,000 dollars per year.
Legal Obligations and Review:
Town Attorney has reviewed the ordinance
Attached Documents:
The following documentation is being provided for review:
• Prosper Public Works Fee Schedule 2011
• Fee Schedule backup
• Ordinance
Board, Committee and/or Staff Recommendation;
Town staff recommends the Town Council approve an ordinance adopting the Public Works Fee
Schedule; establish penalties for the violation and provisions for enforcement of these
restrictions; Providing for repealing savings and severability clauses; providing for an effective
date of this ordinance; and providing for the publication of the caption hereof.
Ordinance Adopting a Comprehensive Public Works Fee Schedule Page 1
602259.1
TOWN OF PROSPER, TEXAS ORDINANCE NO. 11-75
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, ADOPTING A
COMPREHENSIVE PUBLIC WORKS FEE SCHEDULE; PROVIDING
FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE;
PROVIDING FOR REPEALING SAVINGS AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”) has
investigated and determined that it would be advantageous and beneficial to the citizens of the
Town of Prosper, Texas (“Prosper”) to adopt a Comprehensive Public Works Fee Schedule as set
forth below.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS THAT:
Section 1. Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
Section 2. Comprehensive Public Works Fee Schedule Adopted. The Town Council
hereby approves and adopts the Public Works Fee Schedule, attached hereto as Exhibit “A” and
incorporated herein for all purposes, for the Town.
Section 3. Penalty. Any person, firm, corporation or business entity violating this
Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a
sum not exceeding Five Hundred Dollars ($500.00). Each continuing day's violation under this
Ordinance shall constitute a separate offense. The penal provisions imposed under this
Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all
legal rights and remedies available to it pursuant to local, state and federal law.
Section 4. Savings/Repealing. All provisions of any ordinance in conflict with this
Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate
any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a
prosecution from being commenced for any violation if occurring prior to the repeal of the
ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
Section 5. Severability. Should any section, subsection, sentence, clause or phrase of
this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full
force and effect. Prosper hereby declares that it would have passed this Ordinance, and each
section, subsection, sentence, clause or phrase thereof regardless of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
Ordinance Adopting a Comprehensive Public Works Fee Schedule Page 2
602259.1
Section 6. Effective Date. This Ordinance shall become effective from and after
its adoption and publication as required by the Town Charter and by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS, on this _____ day of December, 2011.
_____________________________________
RAY SMITH, Mayor
ATTESTED AND CORRECTLY
RECORDED:
____________________________
AMY PIUKANA, Town Secretary
Date(s) of Publication:______________________, the Dallas Morning News – Collin County Edition
Ordinance Adopting a Comprehensive Public Works Fee Schedule Page 3
602259.1
Exhibit “A”
PUBLIC WORKS FEE SCHEDULE
INSPECTIONS:
Certificate of Occupancy: Initial inspection which includes the Public Works inspection
of sidewalk, drive approach, curbs and gutter, water meter, meter box, right of way
grading, sod and camera the waste water service to the main line. This fee shall be paid
when a Building Permit is sought.
First Public Works Inspection: $50.00
All fees paid prior to scheduling new inspection. Inspection requests are made the day
before by 4:00 p.m. Public Works will try to make most inspections within forty-eight
(48) hours of receiving a request for the same.
Re-inspection Fee:
$50.00 for second inspection
$75.00 for third inspection
$100.00 for fourth inspection and fees will increase in $25.00 increments for each
inspection thereafter
DAMAGES TO METERS/ EQUIPMENT (Cost does not include Water and
Sewer Impact Fees):
5/8 inch PD $322.00
3/4 inch PD $322.00
1 inch PD $398.00
1-1/2 inch PD $570.00
2 inch PD $775.00
1-1/2 inch Turbine (irrigation) $622.00
2 inch Turbine (irrigation) $797.00
14 x 18 inch Meter Box $151.00
14 x 18 inch Meter Box & MTU $266.00
18 x 24 inch Meter Box $264.00
18 x 24 inch Meter Box & MTU $379.00
Replace Readable Register $181.00
Replace Damaged/Unreadable Register $500.00
Transmitter (MTU) $236.00
Transmitter (MTU) Dual $266.00
3 inch Turbine $878.00
4 inch Turbine $1,436.00
6 inch Turbine $2,460.00
3 inch compound $2,203.00
4 inch Compound $2,911.00
6 inch Compound $4,707.00
Larger Meters on Request (Amount TBD)
Ordinance Adopting a Comprehensive Public Works Fee Schedule Page 4
602259.1
RECONNECT FEE:
FIRE HYDRANT METER FEE:
Deposit (Based upon Approved Condition) $1,500.00
Relocate Fire Hydrant Meter $50.00
Repair Hydrant Meter:
Backflow Valve $150.00
Hydrant Meter $800.00
Valves Gate $110.00
WATER/WASTE WATER:
WATER:
Water Tap Size (does not include other items such as, among other things, boring, Impact
Fees, pavement removal and replacement): (lots without service)
1 inch water service $1,577.00
1-1/2 inch water service $1,773.00
2 inch water service $1,870.00
For total price, please contact Prosper Public Works at 972-347-9969.
WASTE WATER:
Waste Water Tap Size (does not include other items such as, among other things, boring,
Impact Fee, pavement removal and replacement): (lots without service)
4 inch $1,596.00
6 inch $1,624.00
METER MOVES:
This work does not include additional items such as, among other things, bores, Impact Fees,
grass replacement and pavement removal. Town does not relocate customer side service.
1 inch water service $550.00
1-1/2 inch water service $591.00
2 inch water service $765.00
CURB STOP REPAIR:
1 inch water service $256.00
1-1/2 inch water service $348.00
1 inch water service $396.00
Ordinance Adopting a Comprehensive Public Works Fee Schedule Page 5
602259.1
CALL BACK OR SECOND TIME CALL: $75.00
ACCURACY TESTING:
Meter requested Testing Local $150.00
Meter requested Testing Outside $220.00
(If the meter is found to be out of calibration, there shall be no cost to the
resident for testing. Credits will be provided based on calibration report.).
UTRWD CONNECTION FEE: $500.00
RETURNED CHECK FEE: $25.00
(Fee may increase pursuant to Administrative Policy)
Page 1 of 2
To: Mayor and Town Council
From: Michael Bulla, CIP Project Manager
Cc: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Mike Land, Town Manager
Re: Town Council Meeting – December 13, 2011
Date: December 5, 2011
Agenda Item:
Consider and act upon 1) an award of bid to W. Brown Enterprises Inc., 2) enter into a contract
agreement with W. Brown Enterprises Inc., regarding the construction services for the Wilson
Creek Sewer Interceptor Project and 3) adopt a resolution authorizing the Town Manager to
execute the same.
Description of Agenda Item:
On December 1, 2011 at 2:05pm, nine (9) bids were opened for the Wilson Creek Sewer
Interceptor Project. This project includes the installation of nearly 10,000 linear feet of sanitary
sewer, extending from the existing trunk within the Whitley Place, to First Street. In addition to
providing service opportunities to the adjoining undeveloped properties, this project will
decommission the Whispering Farms and Greenspoint lift stations. The Engineer’s estimated
construction cost was $1,938,448,89 and W. Brown Enterprises Inc. was the low bidder at
$1,802,287.35. Due to the size and scope of this project, a contingency amount of $40,000.00 will
be added to the lowest bid amount to ensure efficiency when dealing with varying quantities and
unforeseen items during construction.
Budget Impact:
The total cost of the construction contract is $1,842,287.35 and will be funded from the 2008 CO
Bonds.
Legal Obligations and Review:
The contract is a standard construction contract previously approved by the Town Attorney.
Attached Documents:
The following documentation is being provided for review:
1. Bid Tabulations
2. Copy of Contract Agreement
3. Location Map
4. Resolution
Prosper is a place where everyone matters.
ENGINEERING
Page 2 of 2
Town Staff Recommendation:
Town staff recommends that the Town Council: 1) approve the bid to W. Brown Enterprises Inc., in
the amount of $1,842,287.35, 2) enter into a contract agreement with W. Brown Enterprises Inc.,
regarding the construction services for the Wilson Creek Sewer Interceptor approve a resolution
authorizing the Town Manager to execute the same.
P - 1
ITEM
NO.QTY UNIT
DESCRIPTION WITH BID PRICE
WRITTEN IN WORDS W Brown SJ Louis Fox Contractors
Lewis
Contractors Davis Excavation
Dickerson
Contraction
Wright
Construction Whitewater Mario Sinacola
BASE BID
SANITARY SEWER
S1 1 LS Mobil., Barricade, & Project Incidentals $25,000.00 $100,000.00 $43,000.00 $75,000.00 $176,000.00 $100,000.00 $176,350.00 $50,000.00 $226,000.00
S2 1 LS Stormwater Pollution Prevention Plan $4,000.00 $1.00 $3,500.00 $2,500.00 $1,200.00 $750.00 $1,600.00 $2,500.00 $750.00
S3 1 LS Stormwater Pollution Prevention Implementation $5,000.00 $16,000.00 $10,644.00 $25,000.00 $13,500.00 $16,500.00 $22,000.00 $20,000.00 $20,000.00
S4 1 LS Clearing And Grubbing $7,000.00 $9,000.00 $12,000.00 $35,000.00 $27,500.00 $35,000.00 $64,000.00 $25,000.00 $25,000.00
S5 1 LS Trench Safety Plan $3,000.00 $1.00 $1,000.00 $1,000.00 $4,400.00 $1,500.00 $800.00 $500.00 $750.00
S6 84,831 SY Hydro Mulch Seeding $0.85 $0.35 $0.45 $0.50 $0.46 $1.50 $0.85 $0.60 $0.50
S7 280 SY Curlex Blanket (Installed as Directed by Engineer)$15.00 $2.00 $2.75 $2.00 $2.00 $5.00 $1.85 $6.00 $5.00
S8 74 LF 8" SDR-35 PVC ASTM D-3034 (All Depths)
Including Excavation & Backfill $26.00 $43.00 $48.00 $60.00 $82.00 $61.00 $55.00 $106.00 $95.00
S9 360 LF 15" SDR-35 PVC ASTM D-3034 (All Depths)
Including Excavation & Backfill $48.00 $43.00 $80.10 $65.00 $46.00 $68.00 $62.00 $115.00 $115.00
S10 403 LF 18" 46 PS PVC ASTM F-679-08 (All Depths)
Including Excavation & Backfill $75.00 $44.00 $88.56 $90.00 $53.00 $75.00 $70.00 $122.00 $75.00
S11 3,568 LF 21" 46 PS PVC ASTM F-679-08 (All Depths)
Including Excavation & Backfill $105.00 $114.00 $96.28 $104.00 $72.00 $95.00 $124.00 $129.00 $145.00
S12 3,929 LF 24" 46 PS PVC ASTM F-679-08 (All Depths)
Including Excavation & Backfill $112.00 $129.00 $106.16 $105.00 $81.00 $96.00 $128.50 $136.00 $150.00
S13 55 LF Bore and Encase with 16" Steel Casing (9/16"
Thickness)$400.00 $300.00 $176.00 $300.00 $310.00 $300.00 $320.00 $180.00 $350.00
S14 420 LF Bore and Encase with 36" Steel Casing (9/16"
Thickness)$625.00 $500.00 $460.00 $520.00 $583.50 $475.00 $530.00 $430.00 $590.00
S15 575 LF
21" 46 PS PVC ASTM F-679-08 (By Bore & Encase
or Open Trench) From Sta 46+75 to Sta 52+50 and
Including PVC Installed in Steel Casing, Excavation
& Backfill.$310.00 $120.00 $407.00 $350.00 $707.00 $650.00 $350.00 $205.00 $740.00
S16 55 LF 8" SDR-35 PVC Installed in 16" Steel Casing $25.00 $12.00 $40.00 $45.00 $45.00 $38.00 $60.00 $45.00 $225.00
S17 255 LF 21" 46 PS PVC Installed in 36" Steel Casing $75.00 $49.00 $76.00 $95.00 $28.00 $77.00 $95.00 $91.00 $170.00
S18 165 LF 24" 46 PS PVC Installed in 36" Steel Casing $80.00 $54.00 $94.65 $100.00 $38.00 $82.00 $100.00 $96.00 $230.00
S19 93 LF 15" Ductile Iron Pipe in Concrete Encasement at
Creek Crossing $140.00 $140.00 $228.45 $125.00 $148.00 $200.00 $320.00 $166.00 $295.00
S20 62 LF 21" Ductile Iron Pipe in Concrete Encasement at
Creek Crossing $175.00 $165.00 $243.45 $205.00 $230.00 $225.00 $380.00 $232.00 $390.00
S21 26 EA 5' Diameter Standard Manhole (0'-10' Deep) with
Standard Manhole Lid and Frame $3,400.00 $4,550.00 $7,635.00 $6,500.00 $11,087.00 $5,000.00 $4,500.00 $6,000.00 $8,700.00
S22 8 EA 5' Diameter Standard Manhole (0'-10' Deep) with
Pressure Manhole Lid and Frame $4,400.00 $4,550.00 $7,624.00 $6,500.00 $12,300.00 $5,200.00 $4,400.00 $6,000.00 $7,500.00
S23 3 EA 5' Diameter Drop Manhole (0'-10' Deep) with
Standard Manhole Lid and Frame $6,900.00 $6,900.00 $13,957.00 $11,500.00 $12,700.00 $6,000.00 $8,200.00 $12,000.00 $15,000.00
S24 1 EA 5' Diameter Doghouse Manhole (0'-10' Deep) with
Standard Manhole Lid and Frame $3,500.00 $5,300.00 $8,829.00 $8,000.00 $12,700.00 $7,000.00 $6,800.00 $7,000.00 $9,000.00
TOWN OF PROSPER
WILSON CREEK TRIBUTARY INTERCEPTOR
BID NO.
BID TAB
P - 2
S25 1 EA 5' Diameter Vented Type S Manhole (0'-10' Deep)
with Pressure Manhole Lid and Frame $6,000.00 $6,500.00 $9,517.00 $9,000.00 $12,700.00 $5,500.00 $6,500.00 $10,000.00 $11,000.00
S26 522 VF Additional Depth for 5' Diameter Manhole (Standard
and Drop) Over 10' Deep $175.00 $320.00 $150.00 $200.00 $125.00 $330.00 $240.00 $220.00 $150.00
S27 27 EA Sign Marker $200.00 $250.00 $75.00 $100.00 $125.00 $50.00 $400.00 $150.00 $350.00
S28 1 EA Connect 24" Sewer to Existing Manhole $3,000.00 $3,000.00 $3,400.00 $2,500.00 $13,554.00 $2,500.00 $6,500.00 $2,300.00 $5,000.00
S29 1 EA Connect 15" Sewer to Existing Manhole $2,900.00 $2,800.00 $3,100.00 $2,000.00 $13,554.00 $2,200.00 $4,000.00 $2,000.00 $5,000.00
S30 2 EA Plug Existing Sanitary Sewer Line $1,000.00 $2,700.00 $650.00 $2,000.00 $1,200.00 $500.00 $1,000.00 $1,800.00 $3,500.00
S31 12 LF Asphalt Surface Replacement $50.00 $125.00 $50.00 $150.00 $480.00 $100.00 $210.00 $60.00 $115.00
S32 1 LS Remove Concrete Cul-de-sac $5,000.00 $25,000.00 $7,000.00 $6,000.00 $7,200.00 $25,000.00 $6,000.00 $60,000.00 $5,000.00
S33 25 LF Remove and Replace Sidewalk $10.00 $30.00 $30.50 $10.00 $240.00 $50.00 $70.00 $71.00 $50.00
S34 1 EA
Demolition of Greenspoint Lift Station to Include
Removal of Fencing, Concrete Slab, Generator, and
Pumps & Breaking Off Wet Well at Least 2' Below
Natural Ground and Backfill $3,000.00 $7,900.00 $6,500.00 $15,000.00 $4,500.00 $25,000.00 $32,000.00 $10,000.00 $15,000.00
S35 1 EA
Demolition of Whispering Farms Lift Station to
Include Removal of Fencing, Concrete Slab,
Generator, and Pumps & Breaking Off Wet Well at
Least 2' Below Natural Ground and Backfill $3,000.00 $7,900.00 $5,000.00 $15,000.00 $4,500.00 $25,000.00 $26,000.00 $10,000.00 $15,000.00
S36 324 LF Remove and Replace Existing Wire Fence Including
New Wire, Bracing, Fence Connections and Posts $10.00 $10.00 $5.75 $6.00 $12.00 $10.00 $22.00 $12.00 $8.00
S37 117 CY
Riprap (Protection Stone Riprap) (Dry) (15 IN)
including Woven Filter Fabric, Complete and in
Place $125.00 $100.00 $70.00 $55.00 $150.00 $100.00 $160.00 $120.00 $125.00
S38 9,379 LF Trench Safety Implementation $1.00 $0.01 $3.50 $1.00 $1.00 $5.00 $1.00 $1.00 $1.00
TOTAL - BASE BID $1,802,287.35 $1,876,328.64 $1,918,823.31 $1,976,795.50 $2,200,940.26 $2,236,009.50 $2,320,254.85 $2,116,913.60 $2,858,696.50
ADD ALTERNATES
A1 19,766 SY Hydro Mulch Seeding $0.85 $0.35 $0.45 $0.50 $0.35 $1.50 $0.85 $0.60 $0.50
A2 56 SY Curlex Blanket (Installed as Directed by Engineer)$15.00 $2.00 $2.75 $2.00 $6.33 $5.00 $1.85 $6.00 $20.00
A3 1,761 LF 12" SDR-35 PVC ASTM D-3034 (All Depths)
Including Excavation & Backfill $65.00 $35.00 $48.70 $50.00 $54.50 $40.00 $45.00 $115.00 $51.00
A4 1,481 LF 15" SDR-35 PVC ASTM D-3034 (All Depths)
Including Excavation & Backfill $48.00 $43.00 $53.50 $63.00 $58.30 $43.00 $55.00 $122.00 $55.00
A5 110 LF 12" SDR-35 PVC Installed in 24" Steel Casing $120.00 $30.00 $49.00 $190.00 $401.00 $315.00 $150.00 $100.00 $150.00
A6 8 EA 5' Diameter Standard Manhole (0'-10' Deep) with
Standard Manhole Lid and Frame $3,400.00 $4,550.00 $5,600.00 $5,500.00 $7,587.00 $5,000.00 $4,400.00 $8,000.00 $4,660.00
A7 18 VF Additional Depth for 5' Diameter Manhole (Standard
and Drop) Over 10' Deep $175.00 $320.00 $150.00 $200.00 $206.00 $330.00 $230.00 $250.00 $150.00
A8 8 EA Sign Marker $200.00 $250.00 $75.00 $100.00 $76.00 $50.00 $400.00 $200.00 $350.00
A9 1 EA Plug Existing Sanitary Sewer Line $1,000.00 $2,700.00 $500.00 $2,000.00 $750.00 $500.00 $1,000.00 $1,000.00 $3,500.00
A10 1 EA
Demolition of La Cima #2 Lift Station and Driveway
to Include Removal of Fencing, Concrete Slab,
Generator, and Pumps & Breaking Off Wet Well at
Least 2' Below Natural Ground and Backfill $3,000.00 $7,900.00 $6,000.00 $15,000.00 $3,500.00 $25,000.00 $40,000.00 $10,000.00 $15,000.00
P - 3
A11 201 LF Remove and Replace Existing Wire Fence Including
New Wire, Bracing, Fence Connections and Posts $10.00 $10.00 $5.75 $5.00 $6.00 $10.00 $22.00 $20.00 $8.00
A12 3,275.0 LF Trench Safety Implementation $1.00 $0.01 $3.50 $1.00 $1.00 $2.50 $1.00 $1.00 $1.00
TOTAL - ALTERNATES $257,629.10 $192,450.85 $246,651.15 $281,928.00 $307,442.38 $280,739.50 $285,341.70 $494,787.60 $264,852.00
Total Cost - Base Bid $1,802,287.35 $1,876,328.64 $1,918,823.31 $1,976,795.50 $2,200,940.26 $2,236,009.50 $2,320,254.85 $2,116,913.60 $2,858,696.50
Total Cost - Alternates $257,629.10 $192,450.85 $246,651.15 $281,928.00 $307,442.38 $280,739.50 $285,341.70 $494,787.60 $264,852.00
TOTAL PROJECT COST $2,059,916.45 $2,068,779.49 $2,165,474.46 $2,258,723.50 $2,508,382.64 $2,516,749.00 $2,605,596.55 $2,611,701.20 $3,123,548.50
SUMMARY OF TOTAL PROJECT COSTS
STANDARD FORM OF AGREEMENT
STATE OF TEXAS §
§
COUNTY OF §
THIS AGREEMENT, made and entered into this day of , 20____, by and
between the TOWN OF PROSPER, TEXAS, a Texas Municipal Corporation, of the County of Collin and State of Texas,
acting through thereunto duly authorized so to do, Party of the First Part, hereinafter termed
OWNER, and W BROWN ENTERPRISES INC. of the City of DURANT, County of BRYAN, and State of
OKLAHOMA, Party of the Second Part, hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be
made and performed by the OWNER, and under the conditions expressed in the bond bearing even date herewith,
the said CONTRACTOR hereby agrees with the said OWNER to commence and complete the construction of certain
improvements generally described as follows:
--- WILSON CREEK TRIBUTARY INTERCEPTOR IMPROVEMENTS ---
and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement
and at his (or their) own proper cost and expenses to furnish all the materials, supplies, machinery, equipment,
tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said
construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance
with the Advertisement for Proposals, General and Special Conditions of Agreement, Plans and other drawings and
printed or written explanatory matter thereof, and the Specifications and addenda therefore, as prepared by
________________________ _________, herein entitled the ENGINEER, each
of which has been identified by the CONTRACTOR and the ENGINEER, together with the CONTRACTOR'S written
Proposal, and the Performance and Payment Bonds hereto attached; all of which are made a part hereof and
collectively evidence and constitute the entire contract (hereinafter collectively called the "Contract Documents" or
the "Contract").
The CONTRACTOR hereby agrees to commence work within ten (10) days after the date written notice to do
so shall have been given to him, and to substantially complete the same within calendar days after the
written notice to commence work, subject to such extensions of time as are provided by the General and Special
Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal,
which forms a part of this contract, such payments to be subject to the General and Special Conditions of the
contract.
IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day
first above written.
TOWN OF PROSPER, TEXAS ____ ___________
Party of the First Part Party of the Second Part
(OWNER) (CONTRACTOR)
By: By: ______________
ATTEST: ATTEST:
________________________
TOWN OF PROSPER, TEXAS RESOLUTION NO. 11-71
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A CONTRACT
AGREEMENT FOR CONSTRUCTION SERVICES FOR THE WILSON
CREEK SEWER INTERCEPTOR BETWEEN W BROWN
ENTERPRISES INC., AND THE TOWN OF PROSPER.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby
authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, a
contract agreement for construction services for the W ilson Creek Sewer Interceptor
between W Brown Enterprises Inc., and the Town of Prosper, as hereto attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 13th day of December, 2011.
_________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana, TRMC
Town Secretary
Page 1 of 2
To: Mayor and Town Council
From: Michael Bulla, CIP Project Manager
CC: Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting – December 13, 2011
Date: December 5, 2011
Agenda Item:
Consider and act upon Change Order #3 to RLK Engineering, Inc, for the First Street
Improvements (Preston Road to Coit Road) and Coit Road Improvements (First Street to US 380).
Description of Agenda Item:
On March 25, 2008, Town Council approved a design service contract for the First Street
Improvements (Preston Road to Coit Road) and Coit Road Improvements (First Street to US 380)
to RLK Engineering, Inc. The contract included the design of a four-lane divided roadway with
concrete curb and underground drainage. Turn lanes and median openings, as well as conduits
necessary for irrigation and median lighting, were also included.
November 10, 2009, Council approved Change Order #1 in the amount of $12,045.38 to RLK
Engineering, Inc. which provided for additional design services associated with the proposed
church site on the southwest corner of First Street and Coit Road, the drainage system from the
Estates and Mansions, and a new Hike & Bike Trail parking lot on the south side of First Street
near the water storage tanks.
February 23, 2010, Council approved Change Order #2 in the amount of $9,425.00 to RLK
Engineering Inc., which provided for 29 additional right-of-way and easement documents.
This request provides for $19,350 of additional compensation to RLK Engineering Inc. for the re-
bidding of the First Street and Coit Road project. The original design contract scope allocated
$18,000.00 towards the services for bidding of the project. Change Order #3 includes an
additional $12,100.00 to cover additional meetings, hours fielding inquiries, and plan reproduction
costs for rebidding the project. The remaining $7,250 is for the design changes resulting from
requests made by adjoining property owners, in lieu of compensation for easement or right of way
dedication to the Town of Prosper.
Budget Impact:
The original design contract in the amount of $493,250.00, Change Orders #1 and #2 in the
amount of $21,470.38, were funded from the 2006 CO Bonds. The total cost of Change Order #3
is $19,350.00 will be funded from the 2006 CO Bonds.
Prosper is a place where everyone matters.
ENGINEERING
Page 2 of 2
Legal Obligations and Review:
No legal review of this request by the Town’s attorney is required.
Attached Documents:
1. Change Order #3
Board, Committee and/or Staff Recommendation:
Town staff recommends that the Town Council approve Change Order #3 to RLK Engineering for
the First Street Improvements (Preston Road to Coit Road) and Coit Road Improvements (First
Street to US 380).
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
CC: Mike Land, Town Manager
Frank E. Jaromin, P.E., Director of Public Works
Michael Bulla, CIP Project Manager
Re: Town Council Meeting – December 13, 2011
Date: December 8, 2011
Agenda Item:
Consider and act upon 1) an Engineering Design Services Agreement between the Town of
Prosper and Freese and Nichols, Inc., for the Custer Road Pump Station Improvements Project
and 2) a resolution authorizing the Town Manager to execute the same.
Description of Agenda Item:
On November 8th, the Town Council adopted an ordinance updating the Town’s land use
assumptions, capital improvements plan, and roadway, water, and wastewater impact fees. As
part of the capital improvements plan, the Town’s ground storage capacity was evaluated and
associated improvements recommended based on design criteria set forth in the study. These
improvements included the construction of an additional 5 MG ground storage tank at the
Custer Road Pump Station site and increasing the pumping capacity at the site from 7.35 MGD
to 20 MGD. In order to meet the projected demands, the improvements need to be complete
and in service by the summer of 2013.
In order to meet the schedule for completion of the improvements, the design of the project was
discussed with Freese and Nichols (FNI) and an agreement prepared for approval by the Town
Council. The general description of the work outlined in the agreement is summarized below:
A. Upgrade the pumping capacity at the existing Custer Road Pump station to 20 MGD firm
capacity. To include all required electrical and pump control equipment. It is assumed
that upgrades will be designed to work using the existing 480V system.
B. It is anticipated that a new meter and control valve will be required at the NTMWD billing
vault due to the Towns increasing demands. FNI will design the meter and valve
upgrade. This scope of services is based on that new meter/valve combination fitting
inside the existing vault.
C. Design a new diesel generator as a backup supply to either supplement the existing
generator or replace the existing generator with a larger generator to provide increased
backed-up pumping capacity.
D. Design a new 5.0 MG ground storage tank at the pump station site including all
necessary piping and appurtenances. Overflow of ground storage tank will be designed
to sheet flow west of the site similar to the existing 3.0 MG ground storage tank. Any
additional on-site or off-site drainage studies or design is an additional service.
E. Study possible uses for renewable power sources
ENGINEERING
Prosper is a place where everyone matters.
Page 2 of 2
The anticipated project schedule is:
• Begin Design January 2012
• Complete Design April 2012
• Bid Project May 2012
• Bid Award to Town Council June 2012
• Begin Construction July 2012
• Complete Construction July 2013
Budget Impact:
The $306,695 for the design is to be funded by the Water Impact Fee Fund. The construction of
the project is estimated to be $5,604,000 and is currently unfunded.
Legal Obligations and Review:
The contract is a standard engineering design services agreement previously approved by the
Town Attorney.
Attached Documents:
The following documentation is being provided for review:
1. Engineering Design Services Agreement
2. Opinion of Probable Construction Costs
3. Resolution
Town Staff Recommendation:
Town staff recommends that the Town Council: 1) approve an Engineering Design Services
Agreement with Freese and Nichols, Inc., regarding the Custer Road Pump Station
Improvements Project and 2) approve a resolution authorizing the Town Manager to execute the
same.
Town of Prosper, Texas – Professional Services Agreement Page 1 of 42
AGREEMENT
BETWEEN
THE TOWN OF PROSPER, TEXAS (TOWN)
AND
FREESE AND NICHOLS, INC. (CONSULTANT)
FOR
ENGINEERING
DESIGN SERVICES
Made as of the _____ day of _________________ in the year Two Thousand Eleven:
BETWEEN the Town: The Town of Prosper, Texas
P.O. Box 307
Prosper, Texas 75078
Telephone: (972) 346-2640
Facsimile: (972) 346-9335
and the Consultant: Freese and Nichols, Inc.
4055 International Plaza, Ste. 200
Fort Worth, Texas 76109
Telephone: (817) 735-7300
Facsimile: (817) 735-7491
for the following Project: Custer Road Pump Station Improvements
The Town and the Consultant agree as set forth below.
THIS AGREEMENT is made and entered by and between the Town of Prosper,
Texas, a Home-Rule Municipal Corporation, hereinafter referred to as “Town,” and
Freese and Nichols, Inc., hereinafter referred to as “Consultant,” to be effective from
and after the date as provided herein, hereinafter referred to as “Agreement.”
WHEREAS, the Town desires to engage the services of the Consultant to design
and/or prepare construction documents for design pumping upgrades to get the firm
capacity of the pump station to 20 MGD including all electrical and control equipment.
Design a new flow meter and control valve to install in the existing flow meter vault and
coordinate design with NTMWD. Analyze and design upgrades to the back-up power
supply by installing a new diesel generator to either supplement the existing generator
Town of Prosper, Texas – Professional Services Agreement Page 2 of 42
or replace the existing generator with a larger generator. Design a 5.0 MG ground
storage tank to be installed on site including all necessary piping and appurtenances.
Study possible uses for renewable power sources in the Town, hereinafter referred to
as “Project;” and
WHEREAS, the Consultant desires to render such professional engineering
services for the Town upon the terms and conditions provided herein.
NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS:
That for and in consideration of the covenants contained herein, and for the mutual
benefits to be obtained hereby, the parties agree as follows:
ARTICLE 1
CONSULTANT’S SERVICES
1.1 Employment of the Consultant – The Town hereby agrees to retain the
Consultant to perform professional engineering services in connection with the
Project. Consultant agrees to perform such services in accordance with the
terms and conditions of this Agreement. Consultant further agrees that if any
employee of the Consultant, who is performing the day-to-day services under this
Agreement for the Project, is separated, for any reason, from employment with
the Consultant, the Consultant shall notify, in writing, a minimum of five (5)
business days prior to said separation unless circumstances reasonably warrant
a shorter notice period which shall not exceed two (2) business days following
the separation.
1.2 Scope of Services – The parties agree that Consultant shall perform such
services as are set forth and described in Exhibit “A,” which is attached hereto
and incorporated herein by reference for all purposes. The parties understand
and agree that deviations or modifications to the scope of services described in
Exhibit “A,” in the form of written change orders, may be authorized from time to
time by the Town.
1.2.1 Requirement of Written Change Order – “Extra” work, or “claims”
invoiced as “extra” work, or “claims” which have not been issued as a duly
executed, written change order by the Prosper Town Manager, will not be
authorized for payment and/or shall not become part of the subcontracts.
A duly executed written change order shall be preceded by the Town of
Prosper Town Council’s authorization for the Prosper Town Manager to
execute said change order.
1.2.2 DO NOT PERFORM ANY EXTRA WORK AND/OR ADDITIONAL
SERVICES WITHOUT A DULY EXECUTED WRITTEN CHANGE ORDER
ISSUED BY THE PROSPER TOWN MANAGER. Project Managers,
Town of Prosper, Texas – Professional Services Agreement Page 3 of 42
Superintendents, and/or Inspectors of the Town are not authorized to
issue verbal or written change orders.
1.3 Schedule of Work – The Consultant agrees to commence work immediately
upon the execution of this Agreement, and to proceed diligently with said work to
completion as described in the Compensation Schedule / Project Billing / Project
Budget attached hereto as Exhibit “B” and incorporated herein by reference for
all purposes, but in no event shall the Project be completed any later than August
2013.
ARTICLE 2
THE TOWN’S RESPONSIBILITIES
Town shall do the following in a timely manner so as not to delay the services of
Consultant:
2.1 Project Data – The Town shall furnish required information, that it currently has
in its possession, as expeditiously as necessary for the orderly progress of the
work, and the Consultant shall be entitled to rely upon the accuracy and
completeness thereof.
2.2 Town Project Manager – The Town shall designate, when necessary, a
representative authorized to act on the Town’s behalf with respect to the Project
(the “Project Manager”). The Town or such authorized representative shall
examine the documents submitted by the Consultant and shall render any
required decisions pertaining thereto as soon as practicable so as to avoid
unreasonable delay in the progress of the Consultant’s services. The Project
Manager is not authorized to issue verbal or written change orders for “extra”
work or “claims” invoiced as “extra” work.
ARTICLE 3
CONSULTANT’S COMPENSATION
3.1 Compensation for Consultant’s Services – As described in “Article 1,
Consultant’s Services,” compensation for Basic Services shall be on Lump Sum
basis for Two Hundred Eighty Seven Thousand Four Hundred Seventy Dollars
and zero cents ($287,470.00), and Special Services on a cost plus not to exceed
basis of Nineteen Thousand Two Hundred and Twenty Six Dollars and no cents
($19,225.00). The total not to exceed fee (“Consultant Fee”) shall be
$306,695.00, (“Consultant’s Fee”) and shall be paid in accordance with Article 3
and the Compensation Schedule / Project Billing / Project Budget as set forth in
Exhibit “B.”
Town of Prosper, Texas – Professional Services Agreement Page 4 of 42
3.1.1 Completion of Record Documents – Town and Consultant agree that
the completion of the Record Documents and/or “As-Built” Documents,
including hard copy formatting and electronic formatting, shall be
completed, submitted to, and accepted by the Town prior to payment of
the final five percent (5%) of the Consultant’s Basic Fee, or Fourteen
Thousand Three Hundred Seventy Three Dollars and Fifty cents
(14,373.50). The electronic formatting shall be consistent with the
standards established in Exhibit “C,” Town of Prosper Guidelines for
Computer Aided Design and Drafting (“CADD”). Completion of the Record
Documents and/or “As-Built” documents shall be included in the
Consultant’s Fee and considered to be within the Scope of Services
defined under this Agreement.
3.1.2 Disputes between Town and Construction Contractor – If the Project
involves the Consultant performing Construction Administration Services
relating to an agreement between a Construction Contractor (the
“Contractor”) and the Town, and upon receipt of a written request by
Town, Consultant shall research previous and existing conditions of the
Project, and make a determination whether or not to certify that sufficient
cause exists for the Town to declare the Contractor in default of the terms
and conditions of the agreement. Consultant shall submit his findings in
writing to the Town, or submit a written request for a specific extension of
time (including the basis for such extension), within fifteen (15) calendar
days of receipt of the written request from the Town. Town and
Consultant agree that if requested by the Town, completion of this task
shall be included in the Consultant’s Fee and considered to be within the
Scope of Services as defined under this Agreement.
3.1.3 Consultation and Approval by Governmental Authorities and
Franchised Utilities – Consultant shall be responsible for identifying and
analyzing the requirements of governmental agencies and all franchise
utilities involved with the Project, and to participate in consultation with
said agencies in order to obtain all necessary approvals and/or
permissions. The Consultant shall be responsible for preparation and
timely submittal of documents required for review, approval, and/or
recording by such agencies. The Consultant shall be responsible for
making such changes in the Construction Documents as may be required
by existing written standards promulgated by such agencies at no
additional charge to Town.
3.1.4 Substantial Compliance with Architectural Barriers Act – Should the
Project fall within the regulatory requirements of the Texas Architectural
Barriers Act, Chapter 68 Texas Administrative Code , as it exists or may
be amended (the “Barriers Act”), as solely determined by the Town,
Consultant shall comply with the Barriers Act. As part of the Scope of
Services defined in this Agreement, it is the sole responsibility of the
Town of Prosper, Texas – Professional Services Agreement Page 5 of 42
Consultant to identify and analyze the requirements of the Barriers Act
and to become familiar with the governmental authorities having
jurisdiction to approve the design of the Project. Consultant shall
participate in consultations with said authorities in order to obtain approval
for the Project. As part of the services provided under the Consultant’s
Fee, the Consultant shall obtain the Notice of Substantial Compliance for
the Project from the Texas Department of Licensing and Regulation (the
“TDLR”). The Consultant shall, without additional compensation,
immediately correct any errors, omissions, or deficiencies in the design
services and/or construction documents identified by TDLR and/or a
Registered Accessibility Specialist (“RAS”) at any phase of the Project,
either by review of the construction documents, or inspection of the
Project at the commencement of construction, during the construction of
the Project, or at the completion of construction.
3.1.4.1 Submission of Construction Documents to TDLR – The
Consultant shall mail, ship, or hand-deliver the construction
documents to TDLR not later than five (5) calendar days after
the Consultant issues the construction documents for the
Project.
3.1.4.2 Completion of Registration Form to TDLR – Consultant shall
complete an Elimination of Barriers Project Registration Form
(The “Form”) for each subject building or facility within the
Scope of the Project, and submit the registration form(s) along
with the applicable fees not later than fourteen (14) calendar
days after the Consultant completes the submittal of the
construction documents to TDLR.
3.1.4.3 TDLR Approval of Construction Documents – After review of
the construction documents by TDLR, the Consultant shall be
notified in writing of the results; however, it is the Consultant’s
responsibility to obtain TDLR’s written comments. The
Consultant shall address all comments that prevent TDLR
approval of the construction documents, including comments
relating to Conditional Approval that must be addressed in the
design and construction of the Project. Consultant shall
resubmit construction documents to TDLR for review prior to the
completion of construction of the Project.
3.1.4.4 TDLR Project Inspection – Consultant shall request an
inspection from TDLR or a TDLR locally approved RAS no later
than thirty (30) calendar days after the completion of
construction of the Project. The Consultant shall advise the
Town in writing of the results of each Project inspection. Town
reserves the right to verify the written results with TDLR at any
Town of Prosper, Texas – Professional Services Agreement Page 6 of 42
time during design, construction, or at the completion of the
Project.
3.1.4.5 Corrective Modifications following TDLR Project Inspection
When corrective modifications to achieve substantial
compliance are required, the TDLR inspector or the RAS shall
provide the Consultant a list of deficiencies and a deadline for
completing the modifications. Consultant shall provide the
Town with this list within five (5) calendar days of receipt. It is
the sole responsibility of the Consultant to completely address
the deficiencies by the stated deadline or to obtain a written
notice of extension from the TDLR. When the corrective
measures have been completed, Consultant shall provide the
TDLR (and/or the RAS who completed the inspection) and the
Town with written verification of the corrective measures
completed.
3.1.4.6 TDLR Notice of Substantial Compliance – TDLR shall provide
a Notice of Substantial Compliance to the Town after the newly
constructed Project has had a satisfactory inspection, or
Consultant has submitted verification of corrective modifications.
Town and Consultant agree that the final five percent (5%) of
Consultant’s Fee, or Fourteen Thousand Three Hundred
Seventy Three Dollars and Fifty cents (14,373.50) shall not be
paid until the Town is in receipt of the TDLR’s Notice of
Substantial Compliance for all Project components and/or
phases of the Project.
3.2 Direct Expenses – Direct Expenses are included in the Consultant’s Fee as
described in Article 3.1 and include actual reasonable and necessary
expenditures made by the Consultant and the Consultant’s employees and
subcontractors in the interest of the Project. All submitted Direct Expenses are to
be within the amounts as stated in the Compensation Schedule / Project Billing /
Project Budget set forth in Exhibit “B,” and consistent with Exhibit “D,” Town of
Prosper Guidelines for Direct Expenses; General and Administrative Markup;
Travel and Subsistence Expenses. The Consultant shall be solely responsible
for the auditing and accuracy of all Direct Expenses, including those of its
subcontractors, prior to submitting to the Town for reimbursement, and shall be
responsible for the accuracy thereof. Any over-payment by the Town for errors in
submittals for reimbursement may be deducted from the Consultant’s
subsequent payment for services; provided, however this shall not be the Town’s
sole and exclusive remedy for said over-payment.
3.3 Additional Services – The Consultant shall provide the services as described in
the Scope of Services as set forth in Exhibit “A” of this Agreement. If authorized
in writing by the Town, the Consultant shall provide additional services, to be
Town of Prosper, Texas – Professional Services Agreement Page 7 of 42
compensated on an hourly basis in accordance with this paragraph (“Additional
Services”). These services may include, but are not limited to:
3.3.1 Additional meetings, hearings, work-sessions, or other similar
presentations which are not provided for or contemplated in the Scope of
Services described in Exhibit “A.”
3.3.2 Additional drafts and revisions to the Project which are not provided for or
contemplated in the Scope of Services as described in Exhibit “A.”
3.3.3 Additional copies of final reports and construction plans which are not
provided for or contemplated in the Scope of Services as described in
Exhibit “A.”
3.3.4 Photography, professional massing models which are not provided for or
contemplated in the Scope of Services as described in Exhibit “A.”
3.3.5 Compensation for Additional Services authorized by the Town shall be in
addition to the Consultant’s Fee and shall be based on direct billable labor
rates and expenses.
3.3.6 Compensation for Additional Services authorized by the Town shall be in
addition to the Consultant’s Fee and shall be based on an hourly basis
according to the following personnel rates. The rates set forth in this chart
are subject to reasonable change provided prior written notice of said
change is given to Town.
Hourly Billable Rates by Position
POSITION HOURLY RATE
MIN MAX
PRINCIPAL 225 285
GROUP MANAGER 205 285
SENIOR ENGINEER 150 245
ENGINEER (PE) 115 170
ENGINEER (EIT) 85 130
HYDROLOGIST 65 150
ELECTRICAL ENGINEER 85 200
MECHANICAL ENGINEER 85 200
SENIOR ENVIRONMENTAL SCIENTIST 115 220
ENVIRONMENTAL SCIENTIST 60 130
ARCHITECT (AIA) 105 245
ARCHITECT INTERN 60 120
LANDSCAPE ARCHITECT 115 145
SENIOR URBAN PLANNER 125 200
URBAN PLANNER 70 120
SR. CONSTRUCTION CONTRACT ADMINISTRATOR 110 195
CONSTRUCTION CONTRACT ADMINISTRATOR 75 150
GIS COORDINATOR 90 130
GIS ANALYST 60 130
Town of Prosper, Texas – Professional Services Agreement Page 8 of 42
POSITION HOURLY RATE
MIN MAX
DESIGNER 90 145
TECHNICIAN 65 120
OPERATIONS ANALYST / ACCOUNTING SPECIALIST 80 140
CONTRACT / REGIONAL ADMINISTRATOR 75 115
WORD PROCESSING/SECRETARIAL 55 90
CO-OP / INTERN 45 75
The ranges and individual salaries will be adjusted annually
3.4 Invoices – No payment to Consultant shall be made until the Consultant tenders
an invoice to the Town. The Consultant shall submit monthly invoices for
services rendered, based upon the actual percentage of work complete at the
time the invoice is prepared, or are to be mailed to Town immediately upon
completion of each individual task listed in Exhibit “B.” On all submitted invoices
for services rendered and work completed on a monthly basis, Consultant shall
include appropriate background materials to support the submitted charges on
said invoice. Such background material shall include, but is not limited to,
employee timesheets, invoices for work obtained from other parties, and receipts
and/or log information relating to Direct Expenses. All invoices for payment shall
provide a summary methodology for administrative markup and/or overhead
charges.
3.5 Timing of Payment – Town shall make payment to Consultant for said invoices
within thirty (30) days following receipt and acceptance thereof. The parties
agree that payment by Town to Consultant is considered to be complete upon
mailing of payment by Town. Furthermore, the parties agree that the payment is
considered to be mailed on the date that the payment is postmarked.
3.6 Disputed Payment Procedures – In the event of a disputed or contested billing
by Town, only that portion so contested may be withheld from payment, and the
undisputed portion will be paid. Town shall notify Consultant of a disputed
invoice, or portion of an invoice, in writing by the twenty-first (21st) calendar day
after the date the Town receives the invoice. Town shall provide Consultant an
opportunity to cure the basis of the dispute. If a dispute is resolved in favor of the
Consultant, Town shall proceed to process said invoice, or the disputed portion
of the invoice, within the provisions of Article 3.5. If a dispute is resolved in favor
of the Town, Consultant shall submit to Town a corrected invoice, reflecting any
and all payment(s) of the undisputed amounts, documenting the credited
amounts, and identifying outstanding amounts on said invoice to aid Town in
processing payment for the remaining balance. Such revised invoice shall have
a new invoice number, clearly referencing the previous submitted invoice. Town
agrees to exercise reasonableness in contesting any billing or portion thereof that
has background materials supporting the submitted charges.
Town of Prosper, Texas – Professional Services Agreement Page 9 of 42
3.7 Failure to Pay – Failure of the Town to pay an invoice, for a reason other than
upon written notification as stated in the provisions of Article 3.6 to the
Consultant within sixty (60) days from the date of the invoice shall grant the
Consultant the right, in addition to any and all other rights provided, to, upon
written notice to the Town, suspend performance under this Agreement, and
such act or acts shall not be deemed a breach of this Agreement. However,
Consultant shall not suspend performance under this Agreement prior to the
tenth (10th) calendar day after written notice of suspension was provided to
Town, in accordance with Chapter 2251, Subchapter “D” (“Remedy for
Nonpayment”) of the Texas Government Code. The Town shall not be required
to pay any invoice submitted by the Consultant if the Consultant breached any
provision(s) herein.
3.8 Adjusted Compensation – If the Scope of the Project or if the Consultant’s
services are materially changed due to no error on behalf of Consultant in the
performance of services under this Agreement, the amounts of the Consultant’s
compensation shall be equitably adjusted as approved by Town. Any additional
amounts paid to the Consultant as a result of any material change to the Scope
of the Project shall be authorized by written change order duly executed by both
parties before the services are performed.
3.9 Project Suspension – If the Project is suspended or abandoned in whole or in
part for more than three (3) months, Consultant shall be entitled to compensation
for any and all work completed to the satisfaction of Town in accordance with the
provisions of this Agreement prior to suspension or abandonment. In the event
of such suspension or abandonment, Consultant shall deliver to Town all finished
or unfinished documents, data, studies, drawings, maps, models, reports,
photographs, and/or any other items prepared by Consultant in connection with
this Agreement prior to Consultant receiving final payment. If the Project is
resumed after being suspended for more than three (3) months, the Consultant’s
compensation shall be equitably adjusted as approved by the Town. Any
additional amounts paid to the Consultant after the Project is resumed shall be
agreed upon in writing by both parties before the services are performed.
ARTICLE 4
OWNERSHIP OF DOCUMENTS
4.1 Documents Property of the Town – The Project is the property of the Town,
and Consultant may not use the documents, plans, data, studies, surveys,
drawings, maps, models, reports, photographs, and/or any materials for any
other purpose not relating to the Project without Town’s prior written consent.
Town shall be furnished with such reproductions of the Project, plans, data,
documents, maps, and any other information as defined in Exhibit “A.” Upon
completion of the work, or any earlier termination of this Agreement under Article
3 and/or Article 8, Consultant will revise plans, data, documents, maps, and any
other information as defined in Exhibit “A” to reflect changes while working on the
Town of Prosper, Texas – Professional Services Agreement Page 10 of 42
Project through the date of completion of the work, as solely determined by
Town, or the effective date of any earlier termination of this Agreement under
Article 3 and/or Article 8, and promptly furnish the same to the Town in an
acceptable electronic format. All such reproductions shall be the property of the
Town who may use them without the Consultant’s permission for any purpose
relating to the Project, including, but not limited to, completion of the Project,
and/or additions, alterations, modifications, and/or revisions to the Project. Any
reuse of the documents not relating to the Project shall be at the Town’s own
risk.
4.2 Documents Subject to Laws Regarding Public Disclosure – Consultant
acknowledges that Town is a governmental entity and that all documents, plans,
data, studies, surveys, drawings, maps, models, reports, photographs, and/or
any items prepared or furnished by Consultant (and Consultant’s professional
associates and/or Sub-consultants) under this Agreement are instruments of
service in respect of the Project and property of the Town and upon completion
of the Project shall thereafter be subject to the Texas Public Information Act
(Texas Government Code, Chapter 552) and any other applicable laws requiring
public disclosure of the information contained in said documents.
ARTICLE 5
CONSULTANT’S INSURANCE REQUIREMENTS
5.1 Required General Liability Insurance – Consistent with the terms and
provisions of Exhibit “E,” Town of Prosper Contractor Insurance Guidelines,
Consultant shall maintain, at no expense to Town, a general liability insurance
policy with a company that maintains a minimum rating of “A” by A.M. Best’s Key
Rating Guide, or other equivalent rating service(s), authorized to transact
business in the State of Texas, in an amount not less than One Million and
00/100 Dollars ($1,000,000.00) for each occurrence, and Two Million and 00/100
Dollars ($2,000,000.00) in the aggregate. Such policy shall name the Town, its
officers, agents, representatives, and employees as additional insured as to all
applicable coverage. Such policy shall provide for a waiver of subrogation
against the Town for injuries, including death, property damage, or any other loss
to the extent that same is covered by the proceeds of the insurance. Such policy
shall require the provision of written notice to Town at least thirty (30) days prior
to cancellation, non-renewal, or material modification of any policies, evidenced
by return receipt or United States Certified Mail. Consultant shall furnish Town
with certificates evidencing such coverage prior to commencing work on the
Project.
5.2 Required Professional Liability Insurance – Consistent with the terms and
provisions of Exhibit “E,” Town of Prosper Contractor Insurance Guidelines,
Consultant shall maintain, at no expense to Town, a professional liability (errors
and omissions) insurance policy with a company that maintains a minimum rating
of “A” by A.M. Best’s Key Rating Guide, or other equivalent rating service(s),
Town of Prosper, Texas – Professional Services Agreement Page 11 of 42
authorized to transact business in the State of Texas, in an amount not less than
One Million and 00/100 Dollars ($1,000,000.00) for each claim, and Two Million
and 00/100 Dollars ($2,000,000.00) in the aggregate. Such policy shall require
the provision of written notice to Town at least thirty (30) days prior to
cancellation, non-renewal, or material modification of any policies, evidenced by
return receipt or United States Certified Mail. Consultant shall furnish Town with
certificates evidencing such coverage prior to commencing work on the Project.
5.3 Required Workers Compensation Insurance – Consistent with the terms and
provisions of Exhibit “E,” Town of Prosper Contractor Insurance Guidelines,
Consultant shall maintain, at no expense to Town, all Statutory Workers
Compensation Insurance as required by the laws of the State of Texas. Such
insurance policy shall be with a company that maintains a minimum rating of “A”
by A.M. Best’s Key Rating Guide, or other equivalent service(s), and authorized
to transact business in the State of Texas. Such policy shall require the provision
of written notice to Town at least thirty (30) days prior to cancellation, non-
renewal, or material modification of any policies, evidenced by return receipt or
United States Certified Mail. Consultant shall furnish Town with certificates
evidencing such coverage prior to commencing work on the Project.
5.4 Circumstances Requiring Umbrella Coverage or Excess Liability Coverage
– If Project size and scope warrant, and if identified on the checklist located in
Exhibit “E,” Town of Prosper Contractor Insurance Guidelines, Consultant shall
maintain, at no expense to the Town, an umbrella coverage or excess liability
coverage insurance policy with a company that maintains a minimum rating of “A”
by A.M. Best’s Key Rating Guide, or other equivalent rating service(s), authorized
to transact business in the State of Texas, in an amount of Two Million and
00/100 Dollars ($2,000,000.00). Such policy shall require the provision of written
notice to the Town at least thirty (30) days prior to cancellation, non-renewal, or
material modification of any policies, evidenced by return receipt or United States
Certified Mail. Consultant shall furnish Town with certificates evidencing such
coverage prior to commencing work on the Project.
ARTICLE 6
CONSULTANT’S ACCOUNTING RECORDS
Records of Direct Expenses and expenses pertaining to services performed in
conjunction with the Project shall be kept on the basis of generally accepted accounting
principles. Invoices will be sent to the Town as indicated in Article 3.4. Copies of
employee time sheets, receipts for direct expense items and other records of Project
expenses will be included in the monthly invoices.
ARTICLE 7
AUDITS AND RECORDS / PROHIBITED INTEREST / VENDOR DISCLOSURE
Town of Prosper, Texas – Professional Services Agreement Page 12 of 42
The Consultant agrees that at any time during normal business hours and as often as
the Town may deem necessary, Consultant shall make available to representatives of
the Town for examination all of its records with respect to all matters covered by this
Agreement, and will permit such representatives of the Town to audit, examine, copy
and make excerpts or transcripts from such records, and to make audits of all contracts,
invoices, materials, payrolls, records of personnel, conditions of employment and other
data relating to all matters covered by this Agreement, and for a period of four (4) years
from the date of final settlement of this Agreement or for such other or longer period, if
any, as may be required by applicable statute or other lawful requirement.
The Consultant agrees that it is aware of the prohibited interest requirement of the Town
Charter, which is repeated on the Affidavit, attached hereto as Exhibit “F” and
incorporated herein for all purposes, and will abide by the same. Further, a lawful
representative of Consultant shall execute the Affidavit attached hereto as Exhibit “F.”
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 “G” and incorporated
herein for all purposes.
ARTICLE 8
TERMINATION OF AGREEMENT / REMEDIES
Town may, upon thirty (30) days written notice to Consultant, terminate this Agreement,
for any reason or no reason at all, before the termination date hereof, and without
prejudice to any other remedy it may have. If Town terminates this Agreement due to a
default of and/or breach by Consultant and the expense of finishing the Project exceeds
the Consultant’s Fee at the time of termination, Consultant waives its right to any portion
of Consultant’s Fee as set forth in Article 3 herein and agrees to pay any costs over and
above the fee which the Town is required to pay in order to finish the Project. On any
default and/or breach by Consultant, Town may elect not to terminate the Agreement,
and in such event it may make good the deficiency in which the default consists, and
deduct the costs from the Consultant’s Fee due Consultant as set forth in Article 3
herein. If Town terminates this Agreement and Consultant is not in default of the
Agreement, Consultant shall be entitled to compensation for any and all work completed
to the satisfaction of the Town in accordance with the provisions of this Agreement prior
to termination.
In the event of any termination, Consultant shall deliver to Town all finished and/or
unfinished documents, data, studies, surveys, drawings, maps, models, reports,
photographs and/or any items prepared by Consultant in connection with this
Agreement prior to Consultant receiving final payment.
Town of Prosper, Texas – Professional Services Agreement Page 13 of 42
The rights and remedies provided by this Agreement are cumulative, and the use of any
one right or remedy by either party shall not preclude or waive its rights to use any or all
other remedies. These rights and remedies are given in addition to any other rights the
parties may have by law, statute, ordinance, or otherwise.
ARTICLE 9
DISPUTE RESOLUTION / MEDIATION
In addition to all remedies at law, the parties may resolve/mediate any controversy,
claim or dispute arising out of or relating to the interpretation or performance of this
Agreement, or breach thereof, by voluntary mediation to be conducted by a mutually
acceptable mediator.
ARTICLE 10
INDEMNITY
CONSULTANT SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS TOWN AND ITS
TOWN COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES FROM AND
AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES
(INCLUDING LOSS OF USE), LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING
REASONABLE ATTORNEY’S FEES AND EXPENSES (INCLUDING ATTORNEY’S FEES AND EXPENSES
INCURRED IN ENFORCING THIS INDEMNITY), TO THE EXTENT CAUSED, IN WHOLE OR IN PART, BY
THE NEGLIGENT, GROSSLY NEGLIGENT, AND/OR INTENTIONAL WRONGFUL ACT AND/OR
OMISSION OF CONSULTANT, ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES,
SUBCONTRACTORS, LICENSEES, INVITEES OR ANY OTHER THIRD PARTIES FROM WHOM
CONSULTANT IS LEGALLY RESPONSBILE, IN ITS/THEIR PERFORMANCE OF THIS AGREEMENT
AND/OR ARISING OUT OF GOODS AND/OR SERVICES PROVIDED BY CONSULTANT PURSUANT TO
THIS AGREEMENT, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OR STRICT
LIABILITY OF THE TOWN (HEREINAFTER “CLAIMS”). THIS INDEMNIFICATION PROVISION AND THE
USE OF THE TERM “CLAIMS” IS ALSO SPECIFICALLY INTENDED TO APPLY TO, BUT NOT LIMITED
TO, ANY AND ALL CLAIMS, WHETHER CIVIL OR CRIMINAL, BROUGHT AGAINST TOWN BY ANY
GOVERNMENT AUTHORITY OR AGENCY RELATED TO ANY PERSON PROVIDING SERVICES UNDER
THIS AGREEMENT THAT ARE BASED ON ANY FEDERAL IMMIGRATION LAW AND ANY AND ALL
CLAIMS, DEMANDS, DAMAGES, ACTIONS AND CAUSES OF ACTION OF EVERY KIND AND NATURE,
KNOWN AND UNKNOWN, EXISTING OR CLAIMED TO EXIST, RELATING TO OR ARISING OUT OF ANY
EMPLOYMENT RELATIONSHIP BETWEEN CONSULTANT AND ITS EMPLOYEES OR
SUBCONTRACTORS AS A RESULT OF THAT SUBCONTRACTOR’S OR EMPLOYEE’S EMPLOYMENT
AND/OR SEPARATION FROM EMPLOYMENT WITH THE CONSULTANT, INCLUDING BUT NOT LIMITED
Town of Prosper, Texas – Professional Services Agreement Page 14 of 42
TO ANY DISCRIMINATION CLAIM BASED ON SEX, SEXUAL ORIENTATION OR PREFERENCE, RACE,
RELIGION, COLOR, NATIONAL ORIGIN, AGE OR DISABILITY UNDER FEDERAL, STATE OR LOCAL
LAW, RULE OR REGULATION, AND/OR ANY CLAIM FOR WRONGFUL TERMINATION, BACK PAY,
FUTURE WAGE LOSS, OVERTIME PAY, EMPLOYEE BENEFITS, INJURY SUBJECT TO RELIEF UNDER
THE WORKERS’ COMPENSATION ACT OR WOULD BE SUBJECT TO RELIEF UNDER ANY POLICY FOR
WORKERS COMPENSATION INSURANCE, AND ANY OTHER CLAIM, WHETHER IN TORT, CONTRACT
OR OTHERWISE. CONSULTANT IS EXPRESSLY REQUIRED TO DEFEND TOWN AGAINST ALL SUCH
CLAIMS; PROVIDED, HOWEVER, IF A COURT OF COMPETENT JURISDICTION SIGNS A JUDGMENT
THAT BECOMES FINAL AND NON-APPEALABLE, DETERMINING THAT THE TOWN (WITHOUT
WAIVING ANY GOVERNMENTAL IMMUNITY) HAS JOINT, CONCURRENT OR SOLE NEGLIGENCE FOR
THE CLAIMS, IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS (THE “JUDGMENT”),
THEN CONSULTANT IS NOT REQUIRED TO INDEMNIFY OR DEFEND THE TOWN TO THE EXTENT OF
THE NEGLIGENCE APPORTIONED TO THE TOWN FOR EACH CAUSE(S) OF ACTION IDENTIFIED IN
THE JUDGMENT. IN THE EVENT THE JUDGMENT PROVIDES THAT TOWN IS JOINTLY,
CONCURRENTLY, OR SOLELY NEGLIGENT FOR THE CLAIMS REFERRED TO THEREIN, TOWN
AGREES TO REIMBURSE CONSULTANT FOR ALL REASONABLE AND NECESSARY COSTS
INCURRED AND PAID BY CONSULTANT THAT ARE ATTRIBUTABLE TO TOWN’S PERCENTAGE OF
JOINT, CONCURRENT, OR SOLE NEGLIGENCE, AS SET FORTH IN THE JUDGMENT, INCLUDING
REASONABLE AND NECESSARY ATTORNEY’S FEES AND EXPENSES, TO CONSULTANT WITHIN
SIXTY (60) DAYS OF THE DATE OF THE JUDGMENT (THE “REIMBURSEMENT ALLOCATION”).
IN ITS SOLE DISCRETION, TOWN SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE
COUNSEL TO BE RETAINED BY CONSULTANT IN FULFILLING ITS OBLIGATION HEREUNDER TO
DEFEND AND INDEMNIFY TOWN, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY TOWN IN
WRITING. TOWN RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE;
HOWEVER, TOWN IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY TOWN IS NOT TO
BE CONSTRUED AS A WAIVER OF CONSULTANT’S OBLIGATION TO DEFEND TOWN OR AS A
WAIVER OF CONSULTANT’S OBLIGATION TO INDEMNIFY TOWN PURSUANT TO THIS AGREEMENT.
CONSULTANT SHALL RETAIN TOWN-APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS
DAYS OF TOWN’S WRITTEN NOTICE THAT TOWN IS INVOKING ITS RIGHT TO INDEMNIFICATION
UNDER THIS AGREEMENT. IF CONSULTANT FAILS TO RETAIN COUNSEL WITHIN SUCH TIME
PERIOD, TOWN SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF,
AND CONSULTANT SHALL BE LIABLE FOR ALL COSTS INCURRED BY TOWN. THE RIGHTS AND
OBLIGATIONS CREATED BY THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS
AGREEMENT.
Town of Prosper, Texas – Professional Services Agreement Page 15 of 42
ARTICLE 11
NOTICES
Consultant agrees that all notices or communications to Town permitted or required
under this Agreement shall be delivered to Town at the following addresses:
Mike Land
Town Manager
Town of Prosper
P.O. Box 307
Prosper, Texas 75078
Town agrees that all notices or communication to Consultant permitted or required
under this Agreement shall be delivered to Consultant at the following addresses:
Jeff Payne
1701 N. Market St., Ste 500 LB 51
Dallas, Texas 75202-2001
Any notice provided in writing under the terms of this Agreement by either party to the
other shall be in writing and may be effected by registered or certified mail, return
receipt requested.
All notices or communication required to be given in writing by one party or the other
shall be considered as having been given to the addressee on the date such notice or
communication is postmarked by the sending party. Each party may change the
address to which notice may be sent to that party by giving notice of such change to the
other party in accordance with the provisions of this Agreement.
ARTICLE 12
MISCELLANEOUS
12.1 Complete Agreement – This Agreement, including the exhibits hereto labeled
“A” through “G,” all of which are incorporated herein for all purposes, constitute
the entire Agreement by and between the parties regarding the subject matter
hereof and supersedes all prior and/or contemporaneous written and/or oral
understandings. This Agreement may not be amended, supplemented, and/or
modified except by written agreement duly executed by both parties. The
following exhibits are attached below and made a part of this Agreement:
12.1.1 Exhibit “A,” Scope of Services.
12.1.2 Exhibit “B,” Compensation Schedule / Project Billing / Project Budget.
Town of Prosper, Texas – Professional Services Agreement Page 16 of 42
12.1.3 Exhibit “C,” Town of Prosper Guidelines for Computer Aided Design and
Drafting (CADD).
12.1.4 Exhibit “D,” Town of Prosper Guidelines for Direct Expenses; General
and Administrative Markup; Travel and Subsistence Expenses.
12.1.5 Exhibit “E,” Town of Prosper Contractor Insurance Guidelines.
12.1.7 Exhibit “F,” Affidavit.
12.1.8 Exhibit “G,” Conflict of Interest Questionnaire, Form CIQ.
12.2 Assignment and Subletting – The Consultant agrees that neither this
Agreement nor the work to be performed hereunder will be assigned or sublet
without the prior written consent of the Town. The Consultant further agrees that
the assignment or subletting of any portion or feature of the work or materials
required in the performance of this Agreement shall not relieve the Consultant of
its full obligations to the Town as provided by this Agreement. All such approved
work performed by assignment or subletting shall be billed through Consultant,
and there shall be no third party billing.
12.3 Successors and Assigns – Town and Consultant, and their partners, assigns,
successors, subcontractors, executors, officers, agents, employees,
representatives, and administrators are hereby bound to the terms and
conditions of this Agreement.
12.4 Severability – In the event of a term, condition, or provision of this Agreement is
determined to be invalid, illegal, void, unenforceable, or unlawful by a court of
competent jurisdiction, then that term, condition, or provision, shall be deleted
and the remainder of the Agreement shall remain in full force and effect as if
such invalid, illegal, void, unenforceable or unlawful provision had never been
contained herein.
12.5 Venue – This entire Agreement is performable in Collin County, Texas and the
venue for any action related directly or indirectly, to this Agreement or in any
manner connected therewith shall be in Collin County, Texas, and this
Agreement shall be construed under the laws of the State of Texas.
12.6 Execution / Consideration – This Agreement is executed by the parties hereto
without coercion or duress for any substantial consideration, the sufficiency of
which is forever confessed.
12.7 Authority – The individuals executing this Agreement on behalf of the respective
parties below represent to each other that all appropriate and necessary action
has been taken to authorize the individual who is executing this Agreement to do
so for and on behalf of the party for which his or her signature appears, that there
Town of Prosper, Texas – Professional Services Agreement Page 17 of 42
are no other parties or entities required to execute this Agreement in order for the
same to be an authorized and binding agreement on the other party for whom the
individual is signing this Agreement and that each individual affixing his or her
signature hereto is authorized to do so, and such authorization is valid and
effective on the date hereof.
12.8 Waiver – Waiver by either party of any breach of this Agreement, or the failure of
either party to enforce any of the provisions of this Agreement, at any time, shall
not in any way affect, limit, or waive such party’s right thereafter to enforce and
compel strict compliance.
12.9 Headings – The headings of the various sections of this Agreement are included
solely for convenience of reference and are not to be full or accurate descriptions
of the content thereof.
12.10 Multiple Counterparts – This Agreement may be executed in a number of
identical counterparts, each of which shall be deemed an original for all
purposes.
12.11 Sovereign Immunity – The parties agree that the Town has not waived its
sovereign immunity by entering into and performing its obligations under this
Agreement.
12.12 Additional Representations – Each signatory represents this Agreement has
been read by the party for which this Agreement is executed and that such party
has had the opportunity to confer with its counsel.
12.13 Miscellaneous Drafting Provisions – This Agreement shall be deemed drafted
equally by all parties hereto. The language of all parts of this Agreement shall be
construed as a whole according to its fair meaning, and any presumption or
principle that the language herein is to be construed against any party shall not
apply.
12.14 No Third Party Beneficiaries - Nothing in this Agreement shall be construed to
create any right in any third party not a signatory to this Agreement, and the
parties do not intend to create any third party beneficiaries by entering into this
Agreement.
12.15 Indemnity – The parties agree that the Indemnity provision set forth in Article 10
herein is conspicuous and the parties have read and understood the same.
IN WITNESS WHEREOF, the parties have executed this Agreement and caused this
Agreement to be effective on the latest day as reflected by the signatures below.
Effective Date: ________________________________
TOWN CONSULTANT
Town of Prosper, Texas – Professional Services Agreement Page 18 of 42
Town of Prosper, Texas Freese and Nichols, Inc.
By: _____________________________ By: ____________________________
Mike Land Name of Agent
Title: _Town Manager________________ Title: ___________________________
APPROVED AS TO FORM:
________________________________
Abernathy, Roeder, Boyd, & Joplin, P.C.
Town of Prosper, Texas – Professional Services Agreement Page 19 of 42
STATE OF TEXAS:
COUNTY OF COLLIN:
BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED MIKE LAND,
KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE
FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED
THE SAME FOR THE PURPOSE AND CONSIDERATION EXPRESSED, AND IN THE
CAPACITY THEREIN STATED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS _____ DAY OF
_____________________, 2011.
________________________________________________
NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS
My commission expires: ____________________________
STATE OF TEXAS:
COUNTY OF _______________:
BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED
_____________________________________, KNOWN TO ME TO BE THE PERSON
WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND
ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSE
AND CONSIDERATION EXPRESSED, AND IN THE CAPACITY THEREIN STATED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS _____ DAY OF
______________________, 2011.
________________________________________________
NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS
My commission expires: ____________________________
EXHIBIT “A”
SCOPE OF SERVICES
Town of Prosper, Texas – Professional Services Agreement Page 20 of 42
Agreement by and between the Town of Prosper, Texas (Town)
and Freese and Nichols, Inc. (Consultant)
to perform Professional Engineering Services for the
Custer Road Pump Station Improvements
I. PROJECT DESCRIPTION.
Freese and Nichols, Inc. (Engineer) has met with the Town and determined the scope of
work and the services to be rendered. The general description of the work shall be as
follows.
A. Upgrade the pumping capacity at the existing Custer Road Pump station to 20
MGD firm capacity. To include all required electrical and pump control equipment.
It is assumed that upgrades will be designed to work using the existing 480V
system.
B. It is anticipated that a new meter and control valve will be required at the
NTMWD billing vault due to the Towns increasing demands. FNI will design the
meter and valve upgrade. This scope of services is based on that new
meter/valve combination fitting inside the existing vault.
C. Design a new diesel generator as a backup supply to either supplement the
existing generator or replace the existing generator with a larger generator to
provide increased backed-up pumping capacity.
D. Design a new 5.0 MG ground storage tank at the pump station site including all
necessary piping and appurtenances. Overflow of ground storage tank will be
designed to sheet flow west of the site similar to the existing 3.0 MG ground
storage tank. Any additional on-site or off-site drainage studies or design is an
additional service.
Study possible uses for renewable power sources
II. TASK SUMMARY, BASIC SERVICES.
A. Task One, Conceptual Design Task
1. Conduct one (1) kick-off meeting with the Town to confirm the goals,
schedule, and deliverables for the Project.
2. Visit the pump station site with Town staff as part of kick-off meeting to
determine any modifications needed to existing facilities and design
changes for proposed facilities. Take measurements of existing equipment
and areas for new equipment.
3. Obtain and review all available data for the Project, including:
i. Previous Studies
ii. Previous Plans & Specifications for the Pump Station
EXHIBIT “A”
SCOPE OF SERVICES
Town of Prosper, Texas – Professional Services Agreement Page 21 of 42
4. Evaluate previously developed system curves for the water system with
respect to current plans for the expansion of the water system. These will
be based on the water model developed as part of the “Water, Wastewater,
and Roadway Impact Fee Report” prepared in the fall of 2011. This Project
will not include any updates to the water model.
5. Evaluate pumping equipment available for use in the Project. Contact
various pump manufacturers to determine pumps that are available for the
station. Evaluate selections by manufacturers and make recommendations
to the Town for inclusion in specifications. Review original specifications
and recommend updates for the proposed pump specification.
6. Evaluate placement of the ground storage tank in relation to existing
facilities and future master-planned facilities and evaluate the different tank
material choices and provide recommendations on tank siting and material.
7. Discuss with Town staff the desired number of pumps that will be backed-up
by generator power and perform initial sizing of the diesel generator.
8. Assist Town in discussions with the NTMWD on the required meter size
based on actual and projected water demands in the Town. Based on the
discussions, recommend the required improvements to the meter and
control valve.
9. The Town is interested in studying possible uses for renewable power
sources such as wind, solar, or hydraulic turbine at the pump station.
Specifically, they would like to see a feasibility analysis for these products
and opinion of probable construction costs and resulting return-on-
investment (ROI) calculations for the options. Specifically, FNI will perform
the following;
i. Conduct one (1) meeting with Town staff to discuss their goals and
objectives in studying renewable power sources.
ii. Analyze possible uses for wind, solar, and/or hydraulic turbines at the
pump station and determine their technical feasibility.
iii. Develop conceptual level opinions of probable construction cost for
these options.
iv. Analyze the potential power savings associated with these options and
calculate the return on investment for each option.
v. Meet with the Town to discuss the results of the analysis.
vi. This scope of services does not include any design for renewable power
improvements. Should the Town choose to pursue installation of these
items, design of the improvements can be performed as an additional
service.
EXHIBIT “A”
SCOPE OF SERVICES
Town of Prosper, Texas – Professional Services Agreement Page 22 of 42
10. Provide a Technical Memorandum summarizing the recommendations for
the pump station, ground storage tank, renewable power, back-up generator
and NTMWD meter improvements.
11. Conduct (1) review meeting with Town staff on the draft Technical
Memorandum to obtain their comments. Comments will be addressed and
the memo will be finalized after the comment review meeting.
B. Task Two, 60% Design Task
1. Provide preliminary civil and piping design for the new pumps, ground
storage tank, and meter vault improvements. Prepare plans and preliminary
sections for installation of the proposed improvements based on existing as-
built drawings.
2. Provide preliminary electrical and instrumentation design to support the
pump station and meter vault improvements. Prepare preliminary design of
changes to the SCADA system to incorporate the new pumps and ground
storage tank in to the Towns SCADA system.
3. Prepare required front-end and a table of contents of technical
specifications for the Project. Engineer’s standard specifications will be
used.
4. Update the Engineer’s Opinion of Probable Construction Cost.
5. Provide a total of five (5) sets (half size drawings) of 60% Construction
Drawings, Contract and Specifications, and Opinion of Probable
Construction Cost for review by the Town.
6. Conduct a workshop with the Town to review the comments on 60%
construction documents.
7. Incorporate the comments of the Town regarding the 60% drawings and
specifications in to the 90% drawings and specifications.
C. Task Two, 90% Design Task
1. Provide civil and piping design for the new pumps, ground storage tank, and
meter vault improvements. Design will include details for the pump
installation, design of the discharge piping, pump control valve, ground
storage tank design and connection to existing yard piping, back-up
generator pad and equipment, and meter and control valve replacement at
the NTMWD meter vault. Prepare plans, sections and details for installation
of the proposed improvements based on existing as-built drawings.
EXHIBIT “A”
SCOPE OF SERVICES
Town of Prosper, Texas – Professional Services Agreement Page 23 of 42
2. Provide electrical and instrumentation design to support the pump station
and meter vault improvements. Prepare detailed electrical and
instrumentation drawings to support the pump station and meter vault
improvements. Design changes to the SCADA system to incorporate the
new pumps and ground storage tank.
3. Prepare required front-end and technical specifications for the Project.
Engineer’s standard specifications will be used.
4. Update the Engineer’s Opinion of Probable Construction Cost.
5. Provide a total of five (5) sets (half size drawings) of 90% Construction
Drawings, Contract and Specifications, and Opinion of Probable
Construction Cost for review by the Town.
6. Conduct a workshop with the Town to review the comments on 90%
construction documents.
7. Incorporate the comments of the Town regarding the 90% drawings and
specifications and prepare final drawings and specifications for bidding.
8. Provide a total of five (5) sets (half size drawings) of final Construction
Drawings, Contract and Specifications to the Town for bidding.
D. Task Three Bid Phase - Upon completion of the design services and approval
of "Final" drawings and specifications by Town, Engineer will proceed with the
performance of services in this phase as follows:
1. Assist Town in securing bids. Issue a Notice to Bidders to prospective
contractors and vendors listed in Consultant’s database of prospective
bidders, and to selected plan rooms. Provide a copy of the notice to bidders
for Town to use in notifying construction news publications and publishing
appropriate legal notice. The cost for advertisement in publications shall be
paid by the Town.
2. Bid Documents will be distributed electronically through CivCast
(www.civcastusa.com) to prospective bidders.
3. Maintain information on entities that have been issued a set of bid
documents. Distribute information on plan holders to interested contractors
and vendors on request.
EXHIBIT “A”
SCOPE OF SERVICES
Town of Prosper, Texas – Professional Services Agreement Page 24 of 42
4. Assist Town by responding to questions and interpreting bid documents.
Prepare and issue addenda to the bid documents to plan holders if
necessary.
5. Assist Town in the opening, tabulating, and analyzing the bids received.
Review the qualification information provided by the apparent low bidder to
determine if, based on the information available, they appear to be qualified
to construct the project. Recommend award of contracts or other actions as
appropriate to be taken by Town.
6. Assist Town in the preparation of Construction Contract Documents for the
construction contract. Provide ten (10) sets of Construction Contract
Documents, which include information from the apparent low bidders bid
documents, legal documents, and addenda bound in the documents for
execution by the Town and construction contractor. Distribute five (5) copies
of these documents to the contractor with a notice of award that includes
directions for the execution of these documents by the construction
contractor. Provide Town with the remaining five (5) copies of these
documents for use during construction. Additional sets of documents can
be provided as an additional service.
7. Furnish contractor copies of the drawings and specifications for construction
pursuant to the General Conditions of the Construction Contract.
E. Task Four, Construction Phase – Upon completion of the bid or negotiation
phase services, Engineer will proceed with the performance of construction
phase services as described below. Engineer will endeavor to protect the Town
in providing these services. However, it is understood that Engineer does not
guarantee the Contractor's performance, nor is Engineer responsible for
supervision of the Contractor's operation and employees. Engineer shall not be
responsible for the means, methods, techniques, sequences or procedures of
construction selected by the Contractor, or any safety precautions and programs
relating in any way to the condition of the premises, the work of the Contractor or
any Subcontractor. Engineer shall not be responsible for the acts or omissions
of any person (except its own employees or agents) at the Project site or
otherwise performing any of the work of the Project.
The Town agrees to include provisions in the construction contract documents
that will require the construction contractors to include Engineer and their
subconsultants on this project to be listed as an additional insured on contractors’
insurance policies.
1. Assist Town in conducting pre-construction conference with the Contractor,
review construction schedules prepared by the Contractor pursuant to the
requirements of the construction contract, and prepare a proposed estimate
EXHIBIT “A”
SCOPE OF SERVICES
Town of Prosper, Texas – Professional Services Agreement Page 25 of 42
of monthly cash requirements of the Project from information provided by
the Construction Contractor.
2. Establish communication procedures with the Town and contractor.
3. Establish and maintain a project documentation system consistent with the
requirements of the construction contract documents. Monitor the
processing of contractor's submittals and provide for filing and retrieval of
project documentation. Review contractor's submittals, including, requests
for information, modification requests, shop drawings, schedules, and other
submittals in accordance with the requirements of the construction contract
documents for the projects.
4. Based on Engineer's observations as an experienced and qualified design
professional and review of the Payment Requests and supporting
documentation submitted by Contractor, determine the amount that
Engineer recommends Contractor be paid on monthly and final estimates,
pursuant to the General Conditions of the Construction Contract.
5. Make one visit per month for the estimated 12-month construction duration
to the site to observe the progress and the quality of work and to attempt to
determine in general if the work is proceeding in accordance with the
Construction Contract Documents. In this effort Engineer will endeavor to
protect the Town against defects and deficiencies in the work of Contractors
and will report any observed deficiencies to the Town. Visits to the site in
excess of the specified number are an additional service.
6. Participate in pump station start-up activities, limited to two 8-hour days
each for the electrical/controls engineer and pump station engineer.
Assistance in excess of the hours described above is an additional service.
7. Notify the contractor of non-conforming work observed on site visits.
Review quality related documents provided by the contractor such as test
reports, equipment installation reports or other documentation required by
the Construction contract documents.
8. Interpret the drawings and specifications for the Town and Contractor.
Investigations, analyses, and studies requested by the Contractor and
approved by the Town, for substitutions of equipment and/or materials or
deviations from the drawings and specifications is an additional service.
9. Establish procedures for administering constructive changes to the
construction contracts. Process contract modifications and negotiate with
the contractor on behalf of the Town to determine the cost and time impacts
of these changes. Prepare change order documentation for approved
changes for execution by the Town. Documentation of field orders, where
cost to Town is not impacted, will also be prepared. Investigations,
EXHIBIT “A”
SCOPE OF SERVICES
Town of Prosper, Texas – Professional Services Agreement Page 26 of 42
analyses, studies or design for substitutions of equipment or materials,
corrections of defective or deficient work of the contractor or other
deviations from the construction contract documents requested by the
contractor and approved by the Town are an additional service.
Substitutions of materials or equipment or design modifications requested
by the Town are an additional service.
10. Prepare documentation for contract modifications required to implement
modifications in the design of the project. Receive and evaluate notices of
contractor claims and make recommendations to the Town on the merit and
value of the claim on the basis of information submitted by the contractor or
available in project documentation. Endeavor to negotiate a settlement
value with the Contractor on behalf of the Town if appropriate. Providing
these services to review or evaluate construction contractor(s) claim(s),
supported by causes not within the control of Engineer are an additional
service.
11. Conduct, in company with Town's representative, a final review of the
Project for conformance with the design concept of the Project and general
compliance with the Construction Contract Documents. Prepare a list of
deficiencies to be corrected by the contractor before recommendation of
final payment. Assist the Town in obtaining legal releases, permits,
warranties, and spare parts from the contractor. Review and comment on
the certificate of completion and the recommendation for final payment to
the Contractor. Visiting the site to review completed work in excess of one
trip is an additional service.
12. Revise the construction drawings in accordance with the information
furnished by construction Contractor(s) reflecting changes in the Project
made during construction. Two (2) sets of prints of "Record Drawings" and
one (1) set of mylar reproducibles shall be provided by Engineer to the
Town. Engineer shall also provide a DWG electronic copy of the Record
Drawings to the Town.
F. RESIDENT REPRESENTATION: Not Included.
III. TASK SUMMARY, SPECIAL SERVICES.
G. Task Five, The scope of services for the site survey include:
1. Survey and prepare a detailed topographic survey map of the project site
including the area around the existing 3.0 MG ground storage tank and the
proposed 5.0 MG ground storage tank (approximately 3.5 acres). The
survey will indicate all surface features, spot elevations, one-foot contours,
fence lines, water valves, water tank, road and edge of parking lot, setting
three control points and a permanent benchmark on the site.
EXHIBIT “A”
SCOPE OF SERVICES
Town of Prosper, Texas – Professional Services Agreement Page 27 of 42
H. Task Six, The following is the geotechnical scope for the Town of Prosper 5MG
Ground Storage Tank:
1. Review Sherman Sheet of Geologic Atlas of Texas to determine general
subsurface conditions to be expected at the tank site.
2. Select approximate locations for exploratory borings. Engineer will select
and stake the specific locations after checking accessibility. Ground surface
elevations for the borings are to be determined by surveyor.
3. Subcontract with a drilling contractor to drill a total of three (3) 35-foot
borings and one (1) 45-foot boring at the proposed tank site. The borings
will be drilled with either continuous flight augers. Obtain soil samples for
laboratory testing using thin-walled sampler tubes in fine-grained soils,
perform Standard Penetration Tests in coarse-grained soils to obtain
samples and perform cone penetrometer tests on rock in the field. Backfill
borings with cuttings and plug the upper foot of each boring with concrete
sack mix to prevent a tripping hazard.
4. Provide an engineer or geologist experienced in logging borings to direct the
drilling, log the borings, record the blow counts from the cone penetrometer
tests, and handle the samples.
5. Select samples for laboratory testing, assign tests, deliver samples to a
subcontract laboratory selected by FNI, and review test results. Tests
expected include classification tests (liquid and plastic limits and percent
passing the #200 Sieve), unit dry weight/moisture contents, unconfined
compression tests.
6. Review subsurface conditions and soil properties found by the field work
and discuss the implications for design with FNI engineers.
7. Prepare a report of the geotechnical investigation presenting the boring
locations, boring logs, lab test results, a discussion of general subsurface
conditions at the site and their impact on design. The report will include
foundation recommendations and a discussion of construction issues
associated with building the tank.
IV. ITEMS NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES.
Additional Services not included in the existing Scope of Services – Town and
Consultant agree that the following services are beyond the Scope of Services
described in the tasks above. However, Consultant can provide these services, if
EXHIBIT “A”
SCOPE OF SERVICES
Town of Prosper, Texas – Professional Services Agreement Page 28 of 42
needed, upon the Town’s written request. Any additional amounts paid to the
Consultant as a result of any material change to the Scope of the Project shall be
agreed upon in writing by both parties before the services are performed. These
Additional Services include the following:
A. Providing services for studies, analysis or design for modifications of the
existing chemical system.
B. Providing design services for onsite paving.
C. Providing studies or design of on-site or off-site drainage including ground
storage tank overflow drainage.
D. Providing environmental impact studies associated with drainage or other
factors.
E. Providing services to witness factory testing of pump, motor and/or generator.
F. Providing consultation concerning the replacement of any Work damaged by
fire or other cause during the construction, and providing services as may be
required in connection with the replacement of such Work.
G. Investigations involving consideration of operation, maintenance and overhead
expenses, and the preparation of rate schedules, earnings and expense
statements, feasibility studies, appraisals, evaluations, assessment schedules,
and material audits or inventories required for certification of force account
construction performed by the Town.
H. Design, contract modifications, studies or analysis required to comply with
local, State, Federal or other regulatory agencies that become effective after
the date of this agreement.
I. Preparing applications and supporting documents for government grants, loans,
or planning advances and providing data for detailed applications.
J. Preparing Operation and Maintenance Manuals or conducting operator training.
K. Preparing data and reports for assistance to the Town in preparation for
hearings before regulatory agencies, courts, arbitration panels or any mediator,
giving testimony, personally or by deposition, and preparations therefore before
any regulatory agency, court, arbitration panel or mediator.
L. Assisting the Town in preparing for, or appearing at litigation, mediation,
arbitration, dispute review boards, or other legal and/or administrative
proceedings in the defense or prosecution of claims disputes with
Contractor(s), regulatory agencies or other third parties.
EXHIBIT “A”
SCOPE OF SERVICES
Town of Prosper, Texas – Professional Services Agreement Page 29 of 42
M. Providing environmental support services including the design and
implementation of ecological baseline studies, environmental monitoring,
impact assessment and analyses, permitting assistance, and other assistance
required to address environmental issues.
N. Performing investigations, studies, and analysis of work proposed by
construction contractors to correct defective work.
O. Design, contract modifications, studies or analysis required to comply with
local, State, Federal or other regulatory agencies that become effective after
the date of this Agreement.
P. Services required to resolve bid protests or to rebid the projects for any reason.
Q. Any services required as a result of default of the contractor(s) or the failure, for
any reason, of the contractor(s) to complete the work within the contract time.
R. Providing services after the completion of the construction phase not
specifically listed in the Basic Services.
S. Providing services made necessary because of unforeseen, concealed, or
differing site conditions or due to the presence of hazardous substances in any
form.
T. Providing services to review or evaluate construction contractor(s) claim(s),
provided said claims are supported by causes not within the control of
Consultant.
U. Providing value engineering studies or reviews of cost savings proposed by
construction contractors after bids have been submitted.
V. Preparing statements for invoicing or other documentation for billing other than
for the standard invoice for services attached to this professional services
agreement.
W. Provide follow-up professional services during Contractor’s warranty period.
X. Preparation of a Storm Water Pollution Prevention Plan (SWPPP) and/or
associated erosion control plan.
EXHIBIT “A”
SCOPE OF SERVICES
Town of Prosper, Texas – Professional Services Agreement Page 30 of 42
V. DELIVERABLES.
A. Required Deliverables – At the completion of Tasks 1 through 4, Consultant
shall ensure the delivery of the following products to the Town:
1. Deliverable #1 – Technical Memo, Task 1 Completion
2. Deliverable #2 – 60% Half Size Plans and Front End Documents (5 sets),
Task 2 midpoint
3. Deliverable #3 – 90% Half Size Plans and Specifications (5 sets), Task 2
Completion
4. Deliverable #4 – Issue Notice to Bidders, Task 3 Beginning
5. Deliverable #5 – Prepare Conformed Documents for Execution (10 sets),
Task 3 Completion
6. Deliverable #6 – Issue Conformed Documents to Contractor (5 sets), Task 3
Completion
7. Deliverable #7 – Provide Record Drawings, Task 4 Completion
VI. PROJECT LABOR ALLOCATION.
Task Subtask Labor Hours
TASK 1 Conceptual Design Task
429
TASK 2 60% Design and 90% Design
905
TASK 3 Bid Phase
92
TASK 4 Construction Phase
536
TASK 5 Site Survey
NA
TASK 6 Geotechnical Engineering
NA
GRAND TOTAL
1,962
EXHIBIT “A”
SCOPE OF SERVICES
Town of Prosper, Texas – Professional Services Agreement Page 31 of 42
VII. ATTACHMENTS (IF APPLICABLE).
EXHIBIT “B”
COMPENSATION SCHEDULE / PROJECT BILLING / PROJECT BUDGET
Town of Prosper, Texas – Professional Services Agreement Page 32 of 42
Agreement by and between the Town of Prosper (Town)
and Freese and Nichols, Inc. (Consultant)
to perform Professional Engineering Services for the
Custer Road Pump Station Improvements
I. COMPENSATION SCHEDULE / PROJECT BILLING SUMMARY.
MONTH, DATE, YEAR DOLLAR AMOUNT TASK COMPLETED
Month, Date, Year -- Town executes Agreement and Issues
Notice to Proceed to Consultant.
Month, Date, Year -- Consultant’s receipt of fully executed
Agreement.
January 01, 2012 $ 63,934.00 Task One, Conceptual Design Task
(Task Completed and all task-related
deliverables completed as stated in
Exhibit “A” and accepted by the Town).
January 01, 2012 $ 4,600.00 Task Five, Site Survey (Task
Completed and all task-related
deliverables completed as stated in
Exhibit “A” and accepted by the Town).
January 01, 2012 $ 14,625.00 Task Six, Geotechnical Engineering
(Task Completed and all task-related
deliverables completed as stated in
Exhibit “A” and accepted by the Town).
April 01, 2012 $ 116,925.50 Task Two, 60% Design and 90%
Design (Task Completed and all task-
related deliverables completed as stated
in Exhibit “A” and accepted by the
Town).
April 01, 2012 $ 14,373.50
(5% of Consultant’s
Basic Services Fee)
Task Two Milestone, TDLR Notice of
Substantial Compliance.
May 01, 2012 $ 13,853.00 Task Three, Bid Phase (Task
Completed and all task-related
deliverables completed as stated in
Exhibit “A” and accepted by the Town).
May 01, 2013 $ 64,010.50 Task Four, Construction Phase (Task
Completed and all task-related
deliverables completed as stated in
Exhibit “A” and accepted by the Town).
July 01, 2013 $ 14,373.50
(5% of Consultant’s
Basic Services Fee)
Task Four Milestone, Record
Documents.
TOTAL
CONSULTANT’S FEE
(NOT-TO-EXCEED)
$ 306,695.00
EXHIBIT “B”
COMPENSATION SCHEDULE / PROJECT BILLING / PROJECT BUDGET
Town of Prosper, Texas – Professional Services Agreement Page 33 of 42
II. PROJECT BUDGET SUMMARY.
A. Basic Services.
1. Description of Basic Services.
a. Task One, Conceptual Design $ 63,934.00
b. Task Two, 60% Design and 90% Design $ 116,925.50
b. Task Two Milestone, TDLR Notice of Compliance $ 14,373.50
c. Task Three, Bid Phase $ 13,853.00
d. Task Four, Construction Phase $ 78,384.00
f. Task Four Milestone, Record Documents. $ 14,373.50
2. Total Basic Services (LUMP SUM) $ 287,470.00
B. Special Services.
1. Description of Special Services.
a. Task Five, Site Survey $ 4,600.00
b. Task Six, Geotechnical Engineering $ 14,625.00
2. Total Special Services (Not-To-Exceed) $ 19,225.00
F. Project Budget, Grand Total (Not-To-Exceed) $ 306,695.00
EXHIBIT “C”
TOWN OF PROSPER
GUIDELINES FOR COMPUTER AIDED DESIGN AND DRAFTING (CADD)
Town of Prosper, Texas – Professional Services Agreement Page 34 of 42
1. Files shall be submitted in DWG/DXF format.
2. Files shall be georeferenced in the State Plane, Texas North Central FIPS 4202
(feet) coordinate system, using a datum of NAD 83.
3. If a surface adjustment factor is applied to the data, any surface adjustment
factors used should be clearly documented on the drawing.
4. If submissions for the Project relate to a plat, the file submitted must match
exactly the plat that is submitted for recording.
5. The file shall contain required features for the project type as detailed below:
a. Pre-Construction/As-Built Plans and/or Record Documents:
i. Layers from Final Plat Requirements as Applicable to Project Type.
ii. Water Utility Features.
iii. Sanitary Sewer Features.
iv. Storm Sewer Features.
6. Each required feature group should be provided as a separate layer within the
file.
7. Layer names should be representative of the information contained in the layer.
8. Line work should be continuous (e.g. no dashed lines in required layers) and
complete (connecting lines should meet at corners) within the subdivision/project.
Layers outside of project/subdivision boundary may be dashed in CAD data as
required for Final Plats by Prosper’s Subdivision Ordinance.
EXHIBIT “D”
TOWN OF PROSPER GUIDELINES FOR DIRECT EXPENSES; GENERAL AND
ADMINISTRATIVE MARKUP; TRAVEL AND SUBSISTENCE EXPENSES
Town of Prosper, Texas – Professional Services Agreement Page 35 of 42
I. CONSULTANT’S RESPONSIBILITY. The Consultant shall be solely responsible
for the auditing of all direct expenses, approved markup (general and/or
administrative), and approved travel and/or subsistence charges, including those of
its subcontractors, prior to submitting to the Town for reimbursement, and
Consultant shall be responsible for the accuracy thereof. Any over-payment by the
Town for errors in submittals for reimbursement may be deducted from the
Consultant’s subsequent payment(s) for services; however, this shall not be the
Town’s sole and exclusive remedy for said over-payment.
II. GUIDELINES FOR DIRECT EXPENSES.
A. Local Transportation – Transportation in connection with the Project, when
such transportation is not a function of routine performance of the duties of the
Consultant in connection with the Project, and when such transportation exceeds
beyond fifty (50) miles from the Project site, shall be reimbursed at a standard
mileage rate consistent with that as issued, and periodically revised, by the
United States Internal Revenue Service (IRS). Under no circumstances shall
Town reimburse Consultant at a higher standard mileage rate or pay additional
markup on charges for local transportation. Completion of Town’s Standard
Mileage Log is required for submittal of these charges for reimbursement,
including justification for each submitted expense.
Under no circumstances are charges associated with rental cars for local
transportation eligible for reimbursement by Town. Toll road subscriptions or toll
plaza receipts are not reimbursable. Consultant agrees to place these standards
in all subcontracts for work on the Project.
B. Supplies, Material, Equipment – Town shall reimburse the actual cost of other
similar direct Project-related expenses, which are duly presented in advance and
approved by Town’s Project Manager in writing.
C. Commercial Reproduction – Town shall reimburse the actual cost of
reproductions, specifically limited to progress prints prepared for presentation to
Town at each phase of progress, and final Construction Documents prepared for
distribution at bidding phase, provided that the Consultant has duly obtained at
least three (3) quotations from commercial firms and has chosen the best value
for the Town. Consultant shall provide such documentation to Town for review
prior to submitting these expenses for reimbursement. Consultant agrees to
place these standards in all subcontracts for work on the Project.
D. In-House Reproduction - Consultant shall make arrangements with the Town
for prior approval of in-house reproduction rates prior to submitting these
expenses for reimbursement. Town shall provide Consultant with a standard
format for documenting these charges. Completion of the Town’s reproduction
log is required as a prerequisite for payment, including the number or
EXHIBIT “D”
TOWN OF PROSPER GUIDELINES FOR DIRECT EXPENSES; GENERAL AND
ADMINISTRATIVE MARKUP; TRAVEL AND SUBSISTENCE EXPENSES
Town of Prosper, Texas – Professional Services Agreement Page 36 of 42
reproductions, the date, time, description, the approved standard rate, and a
justification for each submitted expense for reimbursement. Consultant agrees to
place these standards in all subcontracts for work on the Project.
E. Commercial Plotting – Town shall reimburse the actual cost of plots, specifically
limited to final documents, provided the Consultant has duly obtained at least
three (3) quotations from commercial firms and has chosen the best value for the
Town. Consultant shall provide such documentation to Town for review prior to
submitting these expenses for reimbursement. Consultant agrees to place these
standards in all subcontracts for work on the Project.
F. In-House Plotting – Consultant shall make arrangements with Town for prior
written approval of in-house plotting rates prior to submitting these charges for
reimbursement. Town shall provide Consultant with a standard format for
documenting these charges. Completion of the Town’s reproduction log is
required as a prerequisite for payment, including the number of plots, the date,
time, description, the approved standard rate, and a justification for each
submitted charge for reimbursement.
G. Communications – Reimbursement for expenses relating to electronic
communications shall be limited to long-distance telephone or fax toll charges
specifically required in the discharge of professional responsibilities related to the
Project. Telephone service charges including office or cellular phones, WATTS,
or Metro line services or similar charges are not reimbursable.
H. Postage, Mail, and Delivery Service – Town shall reimburse the actual cost of
postage and delivery of Instruments of Service, provided the Consultant duly
considers all circumstances (including available time for assured delivery) of the
required delivery and selects the best value for the Town, which may require
comparison of delivery costs offered by three (3) or more sources or methods of
delivery, which at a minimum shall include U.S. Mail. Courier service is
acceptable only in circumstances requiring deadline-sensitive deliveries and not
for the convenience of the Consultant and/or the Consultant’s employees.
Consultant agrees to place these standards in all subcontracts for work on the
Project.
I. Meals and Other Related Charges – Meals or any other related expenses are
not reimbursable unless incurred outside a fifty (50) mile radius of the Project,
and then only reimbursable for the actual cost subject to compliance with the
Town’s currently adopted policy. Non-allowable costs include, but are not limited
to, charges for entertainment, alcoholic beverages, and gratuities.
EXHIBIT “D”
TOWN OF PROSPER GUIDELINES FOR DIRECT EXPENSES; GENERAL AND
ADMINISTRATIVE MARKUP; TRAVEL AND SUBSISTENCE EXPENSES
Town of Prosper, Texas – Professional Services Agreement Page 37 of 42
III. GUIDELINES FOR GENERAL AND ADMINISTRATIVE MARKUP.
A. Requirement of Prior Approval – Consultant may be allowed to charge a
General and/or Administrative Markup on work completed if Consultant can
clearly define to Town specifically what costs are included in the markup
calculation. To apply General and/or Administrative Markup, Consultant must
also document to Town what costs would be considered direct costs. Town shall
issue approval in writing to allow Consultant to charge General and/or
Administrative Markup. Town reserves the right to reject any and all requests for
General and/or Administrative Markup.
IV. GUIDELINES FOR TRAVEL AND SUBSISTENCE EXPENSES.
A. Requirement of Prior Approval – Town shall reimburse the actual cost of travel
and/or subsistence expenses upon prior written approval by the Town’s Project
Manager.
B. Adherence to Currently Adopted Town Travel Policy – Reimbursements shall
be governed by the same travel policies provided for Town employees according
to current adopted policy. Prior to the event, Consultant shall request, and the
Town’s Project Manager shall provide the provisions and the restrictions that
apply to out-of-town reimbursements.
EXHIBIT “E”
TOWN OF PROSPER CONTRACTOR INSURANCE GUIDELINES
Town of Prosper, Texas – Professional Services Agreement Page 38 of 42
I. REQUIREMENT OF GENERAL LIABILITY INSURANCE –
A. Such policy shall name the Town, its officers, agents, representatives, and
employees as additional insured as to all applicable coverage with the exception
of workers compensation insurance.
A. Such policy shall require the provision of written notice to Town at least thirty (30)
days prior to cancellation, non-renewal, or material modification of any policies,
evidenced by return receipt or United States Certified Mail.
B. Such policy shall provide for a waiver of subrogation against the Town for
injuries, including death, property damage, or any other loss to the extent the
same is covered by the proceeds of the insurance.
II. INSURANCE COMPANY QUALIFICATION – All insurance companies providing
the required insurance shall be authorized to transact business in the State of
Texas, and shall have a minimum rating of “A” by A.M. Best’s Key Rating Guide, or
other equivalent rating service(s).
III. CERTIFICATE OF INSURANCE – A Certificate of Insurance evidencing the
required insurance shall be submitted with the contractor’s bid or response to
proposal. If the contract is renewed or extended by the Town a Certificate of
Insurance shall also be provided to the Town prior to the date the contract is
renewed or extended.
EXHIBIT “E”
TOWN OF PROSPER CONTRACTOR INSURANCE GUIDELINES
Town of Prosper, Texas – Professional Services Agreement Page 39 of 42
IV. INSURANCE CHECKLIST – “X” means that the following coverage is required for
this Agreement.
Coverage Required Limits
_X_ 1. Worker’s Compensation &
Employer’s Liability
Statutory Limits of the State of
Texas
_X_ 2. General Liability Minimum $1,000,000.00 each
occurrence;
Minimum $2,000,000.00 in the
aggregate.
___
3. XCU Coverage Minimum $1,000,000.00 each
occurrence;
Minimum $2,000,000.00 in the
aggregate.
_X_
4. Professional Liability Minimum $ 1,000,000.00 each
claim;
Minimum $ 2,000,000.00 in the
aggregate.
___
5. Umbrella Coverage or
Excess Liability Coverage
An amount of $ 2,000,000.00.
_X_ 6. Town named as additional insured on General Liability Policy. This
coverage is primary to all other coverage the Town may possess.
_X_
7. General Liability Insurance provides for a Waiver of Subrogation against
the Town for injuries, including death, property damage, or any other loss
to the extent that same is covered by the proceeds of the insurance.
_X_ 8. Thirty (30) days notice of cancellation, non-renewal, or material change
required. The words “endeavor to” and “but failure” (to end of sentence)
are to be eliminated from the Notice of Cancellation provision on standard
ACORD certificates.
_X_ 9. Insurance company has a minimum rating of “A” by A.M. Best’s Key
Rating Guide, or other equivalent rating service(s).
_X_ 10. The Certificate of Insurance must state the project title and bid number.
___ 11. Other Insurance Requirements (State Below):
EXHIBIT “F”
AFFIDAVIT
Town of Prosper, Texas – Professional Services Agreement Page 40 of 42
THE STATE OF TEXAS §
§
THE 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 Twenty Five Thousand and 00/100 Dollars ($25,000.00) or
more of the fair market value of the business entity.
_____ Funds received from the business entity exceed ten percent (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 Twenty Five Thousand and 00/100 Dollars
($25,000.00).
_____ A relative of mine has substantial interest in the business entity or property
that would be affected by my business decision of the public body of which
I am a member.
_____ Other: _________________________________________________.
_____ 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 a public body which took action on the
agreement.
Signed this _____________________ day of _____________________, 2009.
_____________________________________
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 ________________________,
2009.
_____________________________________
Notary Public in and for the State of Texas
My commission expires: __________________
EXHIBIT “G”
CONFLICT OF INTEREST QUESTIONNAIRE, FORM CIQ
Town of Prosper, Texas – Professional Services Agreement Page 41 of 42
EXHIBIT “G”
CONFLICT OF INTEREST QUESTIONNAIRE, FORM CIQ
Town of Prosper, Texas – Professional Services Agreement Page 42 of 42
OPINION OF PROBABLE CONSTRUCTION COSTS
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL
Pump Room Improvements
17 MGD Pump (400 hp Motor)2 EA $150,000.00 300,000$
2Misc. Piping and Appurtenances (Per Pump)2 EA $30,000.00 60,000$
Site Work
35.0 MG GST 1 LS $3,000,000.00 3,000,000$
4Back‐Up Generator Improvements (Including Conc. Pad) 1 LS $800,000.00 800,000$
5Flow Meter Improvements 1 LS $50,000.00 50,000$
6 36" Yard Piping 450 LF $360.00 162,000$
Electrical Improvements
7 Solid State Reduced Voltage Starter (SSRVS)2 EA $55,000.00 110,000$
8 480V Switchboard Mods ‐ add breakers 1 LS $125,000.00 125,000$
9Misc. Electrical Equipment ‐ cable/conduit, etc.1 LS $50,000.00 50,000$
10 Power System Studies 1 LS $10,000.00 10,000$
CONSTRUCTION SUBTOTAL $ 4,670,000
CONSTRUCTION CONTINGENCY 20% $ 934,000
CONTRUCTION TOTAL $ 5,604,000
OFF11041
October 11, 2011
ESTIMATOR CHECKED BY ACCOUNT NO
JS SAM
Town of Prosper
Custer Road Pump Station
Improvements
TOWN OF PROSPER, TEXAS RESOLUTION NO. 11-69
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE AN
ENGINEERING DESIGN SERVICES AGREEMENT FOR THE CUSTER
ROAD PUMP STATION IMPROVEMENTS PROJECT BETWEEN
FREESE AND NICHOLS, INC., AND THE TOWN OF PROSPER.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby
authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, an
Engineering Design Services Agreement for the Custer Road Pump Station
Improvements Project between Freese and Nichols, Inc., and the Town of Prosper, as
hereto attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 13th day of December, 2011.
_________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana, TRMC
Town Secretary
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
CC: Mike Land, Town Manager
Frank E. Jaromin, P.E., Director of Public Works
Michael Bulla, CIP Project Manager
Re: Town Council Meeting – December 13, 2011
Date: December 8, 2011
Agenda Item:
Consider and act upon 1) an Engineering Design Services Agreement between the Town of
Prosper and Freese and Nichols, Inc., for the 2nd Upper Plane 30/24-Inch Treated Waterline
Pipeline Project and 2) a resolution authorizing the Town Manager to execute the same.
Description of Agenda Item:
On November 8th, the Town Council adopted an ordinance updating the Town’s land use
assumptions, capital improvements plan, and roadway, water, and wastewater impact fees.
This project is listed in the capital improvements plan and is needed to provide capacity
improvements to the existing system in conjunction with the Custer Road Pump Station
Improvements Project.
The design of the project was discussed with Freese and Nichols (FNI) and an agreement
prepared for approval by the Town Council. The general description of the work outlined in the
agreement is summarized below:
A. Design of approximately 11,150 feet of 30-inch treated water pipeline extending from the
Town’s pump station northwest to the intersection of Prosper Trail and Coit Road.
B. Design of approximately 4,300 feet of 24-inch treated water pipeline extending from the
intersection of Prosper Trail and Coit Road north to the existing 20-inch waterline
termination just south of Prosper Trail.
C. Design of one (1) flow meter, vault, and associated electrical and instrumentation.
D. Preparation of all required easement documents.
Since the majority of the proposed 30-inch treated water pipeline extending from the Town’s
pump station will cross property currently held by Landplan, the agreement includes preparation
of an alignment study. FNI will conduct a kickoff meeting with the Town staff and Landplan
representatives to discuss and receive input from Landplan on potential alignments.
ENGINEERING
Prosper is a place where everyone matters.
Page 2 of 2
The anticipated project schedule is:
• Begin Design January 2012
• Complete Alignment Study February 2012
• Complete Design September 2012
• Bid Project October 2012
• Bid Award to Town Council November 2012
• Begin Construction January 2013
• Complete Construction June 2013
Budget Impact:
The $332,690 for the design is to be funded by the Water Impact Fee Fund. The construction of
the project is estimated to be $3,529,000 and is currently unfunded.
Legal Obligations and Review:
The contract is a standard engineering design services agreement previously approved by the
Town Attorney.
Attached Documents:
The following documentation is being provided for review:
1. Engineering Design Services Agreement
2. Opinion of Probable Construction Cost
3. Location Map
4. Resolution
Town Staff Recommendation:
Town staff recommends that the Town Council: 1) approve an Engineering Design Services
Agreement with Freese and Nichols, Inc., regarding the 2nd Upper Plane 30/24-Inch Treated
Waterline Pipeline Project and 2) approve a resolution authorizing the Town Manager to
execute the same.
Town of Prosper, Texas – Professional Services Agreement Page 1 of 46
AGREEMENT
BETWEEN
THE TOWN OF PROSPER, TEXAS (TOWN)
AND
FREESE AND NICHOLS, INC. (CONSULTANT)
FOR
ENGINEERING
DESIGN SERVICES
Made as of the _____ day of _________________ in the year Two Thousand Eleven:
BETWEEN the Town: The Town of Prosper, Texas
P.O. Box 307
Prosper, Texas 75078
Telephone: (972) 346-2640
Facsimile: (972) 346-9335
and the Consultant: Freese and Nichols, Inc.
4055 International Plaza, Ste. 200
Fort Worth, Texas 76109
Telephone: (817) 735-7300
Facsimile: (817) 735-7491
for the following Project: 2nd Upper Plane 30/24-Inch Treated Water Pipeline
The Town and the Consultant agree as set forth below.
THIS AGREEMENT is made and entered by and between the Town of Prosper,
Texas, a Home-Rule Municipal Corporation, hereinafter referred to as “Town,” and
Freese and Nichols, Inc., hereinafter referred to as “Consultant,” to be effective from
and after the date as provided herein, hereinafter referred to as “Agreement.”
WHEREAS, the Town desires to engage the services of the Consultant to design
of approximately 11,150 feet of 30-inch and 4,300 feet of 24-inch treated water pipeline
(Total approximate length of 15,450 feet) extending from the Town’s Custer Road Pump
Station northwest to the intersection of Prosper Trail and Coit Road and then north
along Coit to the existing 20-inch waterline termination just south of Prosper Trail. In
addition, design of one 30” flow meter, vault, and associated electrical and
Town of Prosper, Texas – Professional Services Agreement Page 2 of 46
instrumentation is included. This scope of services is based on the preparation of one
(1) set of construction contract documents, hereinafter referred to as “Project;” and
WHEREAS, the Consultant desires to render such professional engineering
services for the Town upon the terms and conditions provided herein.
NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS:
That for and in consideration of the covenants contained herein, and for the mutual
benefits to be obtained hereby, the parties agree as follows:
ARTICLE 1
CONSULTANT’S SERVICES
1.1 Employment of the Consultant – The Town hereby agrees to retain the
Consultant to perform professional engineering services in connection with the
Project. Consultant agrees to perform such services in accordance with the
terms and conditions of this Agreement. Consultant further agrees that if any
employee of the Consultant, who is performing the day-to-day services under this
Agreement for the Project, is separated, for any reason, from employment with
the Consultant, the Consultant shall notify, in writing, a minimum of five (5)
business days prior to said separation unless circumstances reasonably warrant
a shorter notice period which shall not exceed two (2) business days following
the separation.
1.2 Scope of Services – The parties agree that Consultant shall perform such
services as are set forth and described in Exhibit “A,” which is attached hereto
and incorporated herein by reference for all purposes. The parties understand
and agree that deviations or modifications to the scope of services described in
Exhibit “A,” in the form of written change orders, may be authorized from time to
time by the Town.
1.2.1 Requirement of Written Change Order – “Extra” work, or “claims”
invoiced as “extra” work, or “claims” which have not been issued as a duly
executed, written change order by the Prosper Town Manager, will not be
authorized for payment and/or shall not become part of the subcontracts.
A duly executed written change order shall be preceded by the Town of
Prosper Town Council’s authorization for the Prosper Town Manager to
execute said change order.
1.2.2 DO NOT PERFORM ANY EXTRA WORK AND/OR ADDITIONAL
SERVICES WITHOUT A DULY EXECUTED WRITTEN CHANGE ORDER
ISSUED BY THE PROSPER TOWN MANAGER. Project Managers,
Superintendents, and/or Inspectors of the Town are not authorized to
issue verbal or written change orders.
Town of Prosper, Texas – Professional Services Agreement Page 3 of 46
1.3 Schedule of Work – The Consultant agrees to commence work immediately
upon the execution of this Agreement, and to proceed diligently with said work to
completion as described in the Compensation Schedule / Project Billing / Project
Budget attached hereto as Exhibit “B” and incorporated herein by reference for
all purposes, but in no event shall the Project be completed any later than May,
2013.
ARTICLE 2
THE TOWN’S RESPONSIBILITIES
Town shall do the following in a timely manner so as not to delay the services of
Consultant:
2.1 Project Data – The Town shall furnish required information, that it currently has
in its possession, as expeditiously as necessary for the orderly progress of the
work, and the Consultant shall be entitled to rely upon the accuracy and
completeness thereof.
2.2 Town Project Manager – The Town shall designate, when necessary, a
representative authorized to act on the Town’s behalf with respect to the Project
(the “Project Manager”). The Town or such authorized representative shall
examine the documents submitted by the Consultant and shall render any
required decisions pertaining thereto as soon as practicable so as to avoid
unreasonable delay in the progress of the Consultant’s services. The Project
Manager is not authorized to issue verbal or written change orders for “extra”
work or “claims” invoiced as “extra” work.
ARTICLE 3
CONSULTANT’S COMPENSATION
3.1 Compensation for Consultant’s Services – As described in “Article 1,
Consultant’s Services,” compensation for this Project for Basic Services a lump
sum fee of Two Hundred Ten Thousand Six Hundred Fifty Dollars and zero cents
($210,550.00), and for Special Services a cost plus not to exceed basis of One
Hundred Twenty-Two Thousand One Hundred Forty Dollars and no cents
($122,140.00). The total not to exceed fee (“Consultant Fee”) shall be
$332,690.00, (“Consultant’s Fee”) and shall be paid in accordance with Article 3
and the Compensation Schedule / Project Billing / Project Budget as set forth in
Exhibit “B.”
3.1.1 Completion of Record Documents – Town and Consultant agree that
the completion of the Record Documents and/or “As-Built” Documents,
including hard copy formatting and electronic formatting, shall be
completed, submitted to, and accepted by the Town prior to payment of
the final five percent (5%) of the Consultant’s Basic Services Fee, or Ten
Thousand Five Hundred Twenty Eight Dollars ($10,528.00). The
Town of Prosper, Texas – Professional Services Agreement Page 4 of 46
electronic formatting shall be consistent with the standards established in
Exhibit “C,” Town of Prosper Guidelines for Computer Aided Design and
Drafting (“CADD”). Completion of the Record Documents and/or “As-Built”
documents shall be included in the Consultant’s Fee and considered to be
within the Scope of Services defined under this Agreement.
3.1.2 Disputes between Town and Construction Contractor – If the Project
involves the Consultant performing Construction Administration Services
relating to an agreement between a Construction Contractor (the
“Contractor”) and the Town, and upon receipt of a written request by
Town, Consultant shall research previous and existing conditions of the
Project, and make a determination whether or not to certify that sufficient
cause exists for the Town to declare the Contractor in default of the terms
and conditions of the agreement. Consultant shall submit his findings in
writing to the Town, or submit a written request for a specific extension of
time (including the basis for such extension), within fifteen (15) calendar
days of receipt of the written request from the Town. Town and
Consultant agree that if requested by the Town, completion of this task
shall be included in the Consultant’s Fee and considered to be within the
Scope of Services as defined under this Agreement.
3.1.3 Consultation and Approval by Governmental Authorities and
Franchised Utilities – Consultant shall be responsible for identifying and
analyzing the requirements of governmental agencies and all franchise
utilities involved with the Project, and to participate in consultation with
said agencies in order to obtain all necessary approvals and/or
permissions. The Consultant shall be responsible for preparation and
timely submittal of documents required for review, approval, and/or
recording by such agencies. The Consultant shall be responsible for
making such changes in the Construction Documents as may be required
by existing written standards promulgated by such agencies at no
additional charge to Town.
3.1.4 Substantial Compliance with Architectural Barriers Act – Should the
Project fall within the regulatory requirements of the Texas Architectural
Barriers Act, Chapter 68 Texas Administrative Code , as it exists or may
be amended (the “Barriers Act”), as solely determined by the Town,
Consultant shall comply with the Barriers Act. As part of the Scope of
Services defined in this Agreement, it is the sole responsibility of the
Consultant to identify and analyze the requirements of the Barriers Act
and to become familiar with the governmental authorities having
jurisdiction to approve the design of the Project. Consultant shall
participate in consultations with said authorities in order to obtain approval
for the Project. As part of the services provided under the Consultant’s
Fee, the Consultant shall obtain the Notice of Substantial Compliance for
the Project from the Texas Department of Licensing and Regulation (the
Town of Prosper, Texas – Professional Services Agreement Page 5 of 46
“TDLR”). The Consultant shall, without additional compensation,
immediately correct any errors, omissions, or deficiencies in the design
services and/or construction documents identified by TDLR and/or a
Registered Accessibility Specialist (“RAS”) at any phase of the Project,
either by review of the construction documents, or inspection of the
Project at the commencement of construction, during the construction of
the Project, or at the completion of construction.
3.1.4.1 Submission of Construction Documents to TDLR – The
Consultant shall mail, ship, or hand-deliver the construction
documents to TDLR not later than five (5) calendar days after
the Consultant issues the construction documents for the
Project.
3.1.4.2 Completion of Registration Form to TDLR – Consultant shall
complete an Elimination of Barriers Project Registration Form
(The “Form”) for each subject building or facility within the
Scope of the Project, and submit the registration form(s) along
with the applicable fees not later than fourteen (14) calendar
days after the Consultant completes the submittal of the
construction documents to TDLR.
3.1.4.3 TDLR Approval of Construction Documents – After review of
the construction documents by TDLR, the Consultant shall be
notified in writing of the results; however, it is the Consultant’s
responsibility to obtain TDLR’s written comments. The
Consultant shall address all comments that prevent TDLR
approval of the construction documents, including comments
relating to Conditional Approval that must be addressed in the
design and construction of the Project. Consultant shall
resubmit construction documents to TDLR for review prior to the
completion of construction of the Project.
3.1.4.4 TDLR Project Inspection – Consultant shall request an
inspection from TDLR or a TDLR locally approved RAS no later
than thirty (30) calendar days after the completion of
construction of the Project. The Consultant shall advise the
Town in writing of the results of each Project inspection. Town
reserves the right to verify the written results with TDLR at any
time during design, construction, or at the completion of the
Project.
3.1.4.5 Corrective Modifications following TDLR Project Inspection
When corrective modifications to achieve substantial
compliance are required, the TDLR inspector or the RAS shall
provide the Consultant a list of deficiencies and a deadline for
Town of Prosper, Texas – Professional Services Agreement Page 6 of 46
completing the modifications. Consultant shall provide the
Town with this list within five (5) calendar days of receipt. It is
the sole responsibility of the Consultant to completely address
the deficiencies by the stated deadline or to obtain a written
notice of extension from the TDLR. When the corrective
measures have been completed, Consultant shall provide the
TDLR (and/or the RAS who completed the inspection) and the
Town with written verification of the corrective measures
completed.
3.1.4.6 TDLR Notice of Substantial Compliance – TDLR shall provide
a Notice of Substantial Compliance to the Town after the newly
constructed Project has had a satisfactory inspection, or
Consultant has submitted verification of corrective modifications.
Town and Consultant agree that the final five percent (5%) of
Consultant’s Basic Services Fee, or Ten Thousand Five
Hundred Twenty Eight Dollars ($10,528.00) shall not be paid
until the Town is in receipt of the TDLR’s Notice of Substantial
Compliance for all Project components and/or phases of the
Project.
3.2 Direct Expenses – Direct Expenses are included in the Consultant’s Fee as
described in Article 3.1 and include actual reasonable and necessary
expenditures made by the Consultant and the Consultant’s employees and
subcontractors in the interest of the Project. All submitted Direct Expenses are to
be within the amounts as stated in the Compensation Schedule / Project Billing /
Project Budget set forth in Exhibit “B,” and consistent with Exhibit “D,” Town of
Prosper Guidelines for Direct Expenses; General and Administrative Markup;
Travel and Subsistence Expenses. The Consultant shall be solely responsible
for the auditing and accuracy of all Direct Expenses, including those of its
subcontractors, prior to submitting to the Town for reimbursement, and shall be
responsible for the accuracy thereof. Any over-payment by the Town for errors in
submittals for reimbursement may be deducted from the Consultant’s
subsequent payment for services; provided, however this shall not be the Town’s
sole and exclusive remedy for said over-payment.
3.3 Additional Services – The Consultant shall provide the services as described in
the Scope of Services as set forth in Exhibit “A” of this Agreement. If authorized
in writing by the Town, the Consultant shall provide additional services, to be
compensated on an hourly basis in accordance with this paragraph (“Additional
Services”). These services may include, but are not limited to:
3.3.1 Additional meetings, hearings, work-sessions, or other similar
presentations which are not provided for or contemplated in the Scope of
Services described in Exhibit “A.”
Town of Prosper, Texas – Professional Services Agreement Page 7 of 46
3.3.2 Additional drafts and revisions to the Project which are not provided for or
contemplated in the Scope of Services as described in Exhibit “A.”
3.3.3 Additional copies of final reports and construction plans which are not
provided for or contemplated in the Scope of Services as described in
Exhibit “A.”
3.3.4 Photography, professional massing models which are not provided for or
contemplated in the Scope of Services as described in Exhibit “A.”
3.3.5 Compensation for Additional Services authorized by the Town shall be in
addition to the Consultant’s Fee and shall be based on direct billable labor
rates and expenses.
3.3.6 Compensation for Additional Services authorized by the Town shall be in
addition to the Consultant’s Fee and shall be based on an hourly basis
according to the following personnel rates. The rates set forth in this chart
are subject to reasonable change provided prior written notice of said
change is given to Town.
Hourly Billable Rates by Position
POSITION HOURLY RATE
MIN MAX
PRINCIPAL 225 285
GROUP MANAGER 205 285
SENIOR ENGINEER 150 245
ENGINEER (PE) 115 170
ENGINEER (EIT) 85 130
HYDROLOGIST 65 150
ELECTRICAL ENGINEER 85 200
MECHANICAL ENGINEER 85 200
SENIOR ENVIRONMENTAL SCIENTIST 115 220
ENVIRONMENTAL SCIENTIST 60 130
ARCHITECT (AIA) 105 245
ARCHITECT INTERN 60 120
LANDSCAPE ARCHITECT 115 145
SENIOR URBAN PLANNER 125 200
URBAN PLANNER 70 120
SR. CONSTRUCTION CONTRACT ADMINISTRATOR 110 195
CONSTRUCTION CONTRACT ADMINISTRATOR 75 150
GIS COORDINATOR 90 130
GIS ANALYST 60 130
DESIGNER 90 145
TECHNICIAN 65 120
OPERATIONS ANALYST / ACCOUNTING SPECIALIST 80 140
CONTRACT / REGIONAL ADMINISTRATOR 75 115
WORD PROCESSING/SECRETARIAL 55 90
CO-OP / INTERN 45 75
The ranges and individual salaries will be adjusted annually
Town of Prosper, Texas – Professional Services Agreement Page 8 of 46
3.4 Invoices – No payment to Consultant shall be made until the Consultant tenders
an invoice to the Town. The Consultant shall submit monthly invoices for
services rendered, based upon the actual percentage of work complete at the
time the invoice is prepared, or are to be mailed to Town immediately upon
completion of each individual task listed in Exhibit “B.” On all submitted invoices
for services rendered and work completed on a monthly basis, Consultant shall
include appropriate background materials to support the submitted charges on
said invoice. Such background material shall include, but is not limited to,
employee timesheets, invoices for work obtained from other parties, and receipts
and/or log information relating to Direct Expenses. All invoices for payment shall
provide a summary methodology for administrative markup and/or overhead
charges.
3.5 Timing of Payment – Town shall make payment to Consultant for said invoices
within thirty (30) days following receipt and acceptance thereof. The parties
agree that payment by Town to Consultant is considered to be complete upon
mailing of payment by Town. Furthermore, the parties agree that the payment is
considered to be mailed on the date that the payment is postmarked.
3.6 Disputed Payment Procedures – In the event of a disputed or contested billing
by Town, only that portion so contested may be withheld from payment, and the
undisputed portion will be paid. Town shall notify Consultant of a disputed
invoice, or portion of an invoice, in writing by the twenty-first (21st) calendar day
after the date the Town receives the invoice. Town shall provide Consultant an
opportunity to cure the basis of the dispute. If a dispute is resolved in favor of the
Consultant, Town shall proceed to process said invoice, or the disputed portion
of the invoice, within the provisions of Article 3.5. If a dispute is resolved in favor
of the Town, Consultant shall submit to Town a corrected invoice, reflecting any
and all payment(s) of the undisputed amounts, documenting the credited
amounts, and identifying outstanding amounts on said invoice to aid Town in
processing payment for the remaining balance. Such revised invoice shall have
a new invoice number, clearly referencing the previous submitted invoice. Town
agrees to exercise reasonableness in contesting any billing or portion thereof that
has background materials supporting the submitted charges.
3.7 Failure to Pay – Failure of the Town to pay an invoice, for a reason other than
upon written notification as stated in the provisions of Article 3.6 to the
Consultant within sixty (60) days from the date of the invoice shall grant the
Consultant the right, in addition to any and all other rights provided, to, upon
written notice to the Town, suspend performance under this Agreement, and
such act or acts shall not be deemed a breach of this Agreement. However,
Consultant shall not suspend performance under this Agreement prior to the
tenth (10th) calendar day after written notice of suspension was provided to
Town, in accordance with Chapter 2251, Subchapter “D” (“Remedy for
Nonpayment”) of the Texas Government Code. The Town shall not be required
Town of Prosper, Texas – Professional Services Agreement Page 9 of 46
to pay any invoice submitted by the Consultant if the Consultant breached any
provision(s) herein.
3.8 Adjusted Compensation – If the Scope of the Project or if the Consultant’s
services are materially changed due to no error on behalf of Consultant in the
performance of services under this Agreement, the amounts of the Consultant’s
compensation shall be equitably adjusted as approved by Town. Any additional
amounts paid to the Consultant as a result of any material change to the Scope
of the Project shall be authorized by written change order duly executed by both
parties before the services are performed.
3.9 Project Suspension – If the Project is suspended or abandoned in whole or in
part for more than three (3) months, Consultant shall be entitled to compensation
for any and all work completed to the satisfaction of Town in accordance with the
provisions of this Agreement prior to suspension or abandonment. In the event
of such suspension or abandonment, Consultant shall deliver to Town all finished
or unfinished documents, data, studies, drawings, maps, models, reports,
photographs, and/or any other items prepared by Consultant in connection with
this Agreement prior to Consultant receiving final payment. If the Project is
resumed after being suspended for more than three (3) months, the Consultant’s
compensation shall be equitably adjusted as approved by the Town. Any
additional amounts paid to the Consultant after the Project is resumed shall be
agreed upon in writing by both parties before the services are performed.
ARTICLE 4
OWNERSHIP OF DOCUMENTS
4.1 Documents Property of the Town – The Project is the property of the Town,
and Consultant may not use the documents, plans, data, studies, surveys,
drawings, maps, models, reports, photographs, and/or any materials for any
other purpose not relating to the Project without Town’s prior written consent.
Town shall be furnished with such reproductions of the Project, plans, data,
documents, maps, and any other information as defined in Exhibit “A.” Upon
completion of the work, or any earlier termination of this Agreement under Article
3 and/or Article 8, Consultant will revise plans, data, documents, maps, and any
other information as defined in Exhibit “A” to reflect changes while working on the
Project through the date of completion of the work, as solely determined by
Town, or the effective date of any earlier termination of this Agreement under
Article 3 and/or Article 8, and promptly furnish the same to the Town in an
acceptable electronic format. All such reproductions shall be the property of the
Town who may use them without the Consultant’s permission for any purpose
relating to the Project, including, but not limited to, completion of the Project,
and/or additions, alterations, modifications, and/or revisions to the Project. Any
reuse of the documents not relating to the Project shall be at the Town’s own
risk.
Town of Prosper, Texas – Professional Services Agreement Page 10 of 46
4.2 Documents Subject to Laws Regarding Public Disclosure – Consultant
acknowledges that Town is a governmental entity and that all documents, plans,
data, studies, surveys, drawings, maps, models, reports, photographs, and/or
any items prepared or furnished by Consultant (and Consultant’s professional
associates and/or Sub-consultants) under this Agreement are instruments of
service in respect of the Project and property of the Town and upon completion
of the Project shall thereafter be subject to the Texas Public Information Act
(Texas Government Code, Chapter 552) and any other applicable laws requiring
public disclosure of the information contained in said documents.
ARTICLE 5
CONSULTANT’S INSURANCE REQUIREMENTS
5.1 Required General Liability Insurance – Consistent with the terms and
provisions of Exhibit “E,” Town of Prosper Contractor Insurance Guidelines,
Consultant shall maintain, at no expense to Town, a general liability insurance
policy with a company that maintains a minimum rating of “A” by A.M. Best’s Key
Rating Guide, or other equivalent rating service(s), authorized to transact
business in the State of Texas, in an amount not less than One Million and
00/100 Dollars ($1,000,000.00) for each occurrence, and Two Million and 00/100
Dollars ($2,000,000.00) in the aggregate. Such policy shall name the Town, its
officers, agents, representatives, and employees as additional insured as to all
applicable coverage. Such policy shall provide for a waiver of subrogation
against the Town for injuries, including death, property damage, or any other loss
to the extent that same is covered by the proceeds of the insurance. Such policy
shall require the provision of written notice to Town at least thirty (30) days prior
to cancellation, non-renewal, or material modification of any policies, evidenced
by return receipt or United States Certified Mail. Consultant shall furnish Town
with certificates evidencing such coverage prior to commencing work on the
Project.
5.2 Required Professional Liability Insurance – Consistent with the terms and
provisions of Exhibit “E,” Town of Prosper Contractor Insurance Guidelines,
Consultant shall maintain, at no expense to Town, a professional liability (errors
and omissions) insurance policy with a company that maintains a minimum rating
of “A” by A.M. Best’s Key Rating Guide, or other equivalent rating service(s),
authorized to transact business in the State of Texas, in an amount not less than
One Million and 00/100 Dollars ($1,000,000.00) for each claim, and Two Million
and 00/100 Dollars ($2,000,000.00) in the aggregate. Such policy shall require
the provision of written notice to Town at least thirty (30) days prior to
cancellation, non-renewal, or material modification of any policies, evidenced by
return receipt or United States Certified Mail. Consultant shall furnish Town with
certificates evidencing such coverage prior to commencing work on the Project.
Town of Prosper, Texas – Professional Services Agreement Page 11 of 46
5.3 Required Workers Compensation Insurance – Consistent with the terms and
provisions of Exhibit “E,” Town of Prosper Contractor Insurance Guidelines,
Consultant shall maintain, at no expense to Town, all Statutory Workers
Compensation Insurance as required by the laws of the State of Texas. Such
insurance policy shall be with a company that maintains a minimum rating of “A”
by A.M. Best’s Key Rating Guide, or other equivalent service(s), and authorized
to transact business in the State of Texas. Such policy shall require the provision
of written notice to Town at least thirty (30) days prior to cancellation, non-
renewal, or material modification of any policies, evidenced by return receipt or
United States Certified Mail. Consultant shall furnish Town with certificates
evidencing such coverage prior to commencing work on the Project.
5.4 Circumstances Requiring Umbrella Coverage or Excess Liability Coverage
– If Project size and scope warrant, and if identified on the checklist located in
Exhibit “E,” Town of Prosper Contractor Insurance Guidelines, Consultant shall
maintain, at no expense to the Town, an umbrella coverage or excess liability
coverage insurance policy with a company that maintains a minimum rating of “A”
by A.M. Best’s Key Rating Guide, or other equivalent rating service(s), authorized
to transact business in the State of Texas, in an amount of Two Million and
00/100 Dollars ($2,000,000.00). Such policy shall require the provision of written
notice to the Town at least thirty (30) days prior to cancellation, non-renewal, or
material modification of any policies, evidenced by return receipt or United States
Certified Mail. Consultant shall furnish Town with certificates evidencing such
coverage prior to commencing work on the Project.
ARTICLE 6
CONSULTANT’S ACCOUNTING RECORDS
Records of Direct Expenses and expenses pertaining to services performed in
conjunction with the Project shall be kept on the basis of generally accepted accounting
principles. Invoices will be sent to the Town as indicated in Article 3.4. Copies of
employee time sheets, receipts for direct expense items and other records of Project
expenses will be included in the monthly invoices.
ARTICLE 7
AUDITS AND RECORDS / PROHIBITED INTEREST / VENDOR DISCLOSURE
The Consultant agrees that at any time during normal business hours and as often as
the Town may deem necessary, Consultant shall make available to representatives of
the Town for examination all of its records with respect to all matters covered by this
Agreement, and will permit such representatives of the Town to audit, examine, copy
and make excerpts or transcripts from such records, and to make audits of all contracts,
invoices, materials, payrolls, records of personnel, conditions of employment and other
data relating to all matters covered by this Agreement, and for a period of four (4) years
from the date of final settlement of this Agreement or for such other or longer period, if
any, as may be required by applicable statute or other lawful requirement.
Town of Prosper, Texas – Professional Services Agreement Page 12 of 46
The Consultant agrees that it is aware of the prohibited interest requirement of the Town
Charter, which is repeated on the Affidavit, attached hereto as Exhibit “F” and
incorporated herein for all purposes, and will abide by the same. Further, a lawful
representative of Consultant shall execute the Affidavit attached hereto as Exhibit “F.”
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 “G” and incorporated
herein for all purposes.
ARTICLE 8
TERMINATION OF AGREEMENT / REMEDIES
Town may, upon thirty (30) days written notice to Consultant, terminate this Agreement,
for any reason or no reason at all, before the termination date hereof, and without
prejudice to any other remedy it may have. If Town terminates this Agreement due to a
default of and/or breach by Consultant and the expense of finishing the Project exceeds
the Consultant’s Fee at the time of termination, Consultant waives its right to any portion
of Consultant’s Fee as set forth in Article 3 herein and agrees to pay any costs over and
above the fee which the Town is required to pay in order to finish the Project. On any
default and/or breach by Consultant, Town may elect not to terminate the Agreement,
and in such event it may make good the deficiency in which the default consists, and
deduct the costs from the Consultant’s Fee due Consultant as set forth in Article 3
herein. If Town terminates this Agreement and Consultant is not in default of the
Agreement, Consultant shall be entitled to compensation for any and all work completed
to the satisfaction of the Town in accordance with the provisions of this Agreement prior
to termination.
In the event of any termination, Consultant shall deliver to Town all finished and/or
unfinished documents, data, studies, surveys, drawings, maps, models, reports,
photographs and/or any items prepared by Consultant in connection with this
Agreement prior to Consultant receiving final payment.
The rights and remedies provided by this Agreement are cumulative, and the use of any
one right or remedy by either party shall not preclude or waive its rights to use any or all
other remedies. These rights and remedies are given in addition to any other rights the
parties may have by law, statute, ordinance, or otherwise.
Town of Prosper, Texas – Professional Services Agreement Page 13 of 46
ARTICLE 9
DISPUTE RESOLUTION / MEDIATION
In addition to all remedies at law, the parties may resolve/mediate any controversy,
claim or dispute arising out of or relating to the interpretation or performance of this
Agreement, or breach thereof, by voluntary mediation to be conducted by a mutually
acceptable mediator.
ARTICLE 10
INDEMNITY
CONSULTANT SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS TOWN AND ITS
TOWN COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES FROM AND
AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES
(INCLUDING LOSS OF USE), LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING
REASONABLE ATTORNEY’S FEES AND EXPENSES (INCLUDING ATTORNEY’S FEES AND EXPENSES
INCURRED IN ENFORCING THIS INDEMNITY), TO THE EXTENT CAUSED, IN WHOLE OR IN PART, BY
THE NEGLIGENT, GROSSLY NEGLIGENT, AND/OR INTENTIONAL WRONGFUL ACT AND/OR
OMISSION OF CONSULTANT, ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES,
SUBCONTRACTORS, LICENSEES, INVITEES OR ANY OTHER THIRD PARTIES FROM WHOM
CONSULTANT IS LEGALLY RESPONSBILE, IN ITS/THEIR PERFORMANCE OF THIS AGREEMENT
AND/OR ARISING OUT OF GOODS AND/OR SERVICES PROVIDED BY CONSULTANT PURSUANT TO
THIS AGREEMENT, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OR STRICT
LIABILITY OF THE TOWN (HEREINAFTER “CLAIMS”). THIS INDEMNIFICATION PROVISION AND THE
USE OF THE TERM “CLAIMS” IS ALSO SPECIFICALLY INTENDED TO APPLY TO, BUT NOT LIMITED
TO, ANY AND ALL CLAIMS, WHETHER CIVIL OR CRIMINAL, BROUGHT AGAINST TOWN BY ANY
GOVERNMENT AUTHORITY OR AGENCY RELATED TO ANY PERSON PROVIDING SERVICES UNDER
THIS AGREEMENT THAT ARE BASED ON ANY FEDERAL IMMIGRATION LAW AND ANY AND ALL
CLAIMS, DEMANDS, DAMAGES, ACTIONS AND CAUSES OF ACTION OF EVERY KIND AND NATURE,
KNOWN AND UNKNOWN, EXISTING OR CLAIMED TO EXIST, RELATING TO OR ARISING OUT OF ANY
EMPLOYMENT RELATIONSHIP BETWEEN CONSULTANT AND ITS EMPLOYEES OR
SUBCONTRACTORS AS A RESULT OF THAT SUBCONTRACTOR’S OR EMPLOYEE’S EMPLOYMENT
AND/OR SEPARATION FROM EMPLOYMENT WITH THE CONSULTANT, INCLUDING BUT NOT LIMITED
TO ANY DISCRIMINATION CLAIM BASED ON SEX, SEXUAL ORIENTATION OR PREFERENCE, RACE,
RELIGION, COLOR, NATIONAL ORIGIN, AGE OR DISABILITY UNDER FEDERAL, STATE OR LOCAL
LAW, RULE OR REGULATION, AND/OR ANY CLAIM FOR WRONGFUL TERMINATION, BACK PAY,
FUTURE WAGE LOSS, OVERTIME PAY, EMPLOYEE BENEFITS, INJURY SUBJECT TO RELIEF UNDER
Town of Prosper, Texas – Professional Services Agreement Page 14 of 46
THE WORKERS’ COMPENSATION ACT OR WOULD BE SUBJECT TO RELIEF UNDER ANY POLICY FOR
WORKERS COMPENSATION INSURANCE, AND ANY OTHER CLAIM, WHETHER IN TORT, CONTRACT
OR OTHERWISE. CONSULTANT IS EXPRESSLY REQUIRED TO DEFEND TOWN AGAINST ALL SUCH
CLAIMS; PROVIDED, HOWEVER, IF A COURT OF COMPETENT JURISDICTION SIGNS A JUDGMENT
THAT BECOMES FINAL AND NON-APPEALABLE, DETERMINING THAT THE TOWN (WITHOUT
WAIVING ANY GOVERNMENTAL IMMUNITY) HAS JOINT, CONCURRENT OR SOLE NEGLIGENCE FOR
THE CLAIMS, IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS (THE “JUDGMENT”),
THEN CONSULTANT IS NOT REQUIRED TO INDEMNIFY OR DEFEND THE TOWN TO THE EXTENT OF
THE NEGLIGENCE APPORTIONED TO THE TOWN FOR EACH CAUSE(S) OF ACTION IDENTIFIED IN
THE JUDGMENT. IN THE EVENT THE JUDGMENT PROVIDES THAT TOWN IS JOINTLY,
CONCURRENTLY, OR SOLELY NEGLIGENT FOR THE CLAIMS REFERRED TO THEREIN, TOWN
AGREES TO REIMBURSE CONSULTANT FOR ALL REASONABLE AND NECESSARY COSTS
INCURRED AND PAID BY CONSULTANT THAT ARE ATTRIBUTABLE TO TOWN’S PERCENTAGE OF
JOINT, CONCURRENT, OR SOLE NEGLIGENCE, AS SET FORTH IN THE JUDGMENT, INCLUDING
REASONABLE AND NECESSARY ATTORNEY’S FEES AND EXPENSES, TO CONSULTANT WITHIN
SIXTY (60) DAYS OF THE DATE OF THE JUDGMENT (THE “REIMBURSEMENT ALLOCATION”).
IN ITS SOLE DISCRETION, TOWN SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE
COUNSEL TO BE RETAINED BY CONSULTANT IN FULFILLING ITS OBLIGATION HEREUNDER TO
DEFEND AND INDEMNIFY TOWN, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY TOWN IN
WRITING. TOWN RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE;
HOWEVER, TOWN IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY TOWN IS NOT TO
BE CONSTRUED AS A WAIVER OF CONSULTANT’S OBLIGATION TO DEFEND TOWN OR AS A
WAIVER OF CONSULTANT’S OBLIGATION TO INDEMNIFY TOWN PURSUANT TO THIS AGREEMENT.
CONSULTANT SHALL RETAIN TOWN-APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS
DAYS OF TOWN’S WRITTEN NOTICE THAT TOWN IS INVOKING ITS RIGHT TO INDEMNIFICATION
UNDER THIS AGREEMENT. IF CONSULTANT FAILS TO RETAIN COUNSEL WITHIN SUCH TIME
PERIOD, TOWN SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF,
AND CONSULTANT SHALL BE LIABLE FOR ALL COSTS INCURRED BY TOWN. THE RIGHTS AND
OBLIGATIONS CREATED BY THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS
AGREEMENT.
Town of Prosper, Texas – Professional Services Agreement Page 15 of 46
ARTICLE 11
NOTICES
Consultant agrees that all notices or communications to Town permitted or required
under this Agreement shall be delivered to Town at the following addresses:
Mike Land
Town Manager
Town of Prosper
P.O. Box 307
Prosper, Texas 75078
Town agrees that all notices or communication to Consultant permitted or required
under this Agreement shall be delivered to Consultant at the following addresses:
Jeff Payne
1701 N. Market St., Ste 500 LB 51
Dallas, Texas 75202-2001
Any notice provided in writing under the terms of this Agreement by either party to the
other shall be in writing and may be effected by registered or certified mail, return
receipt requested.
All notices or communication required to be given in writing by one party or the other
shall be considered as having been given to the addressee on the date such notice or
communication is postmarked by the sending party. Each party may change the
address to which notice may be sent to that party by giving notice of such change to the
other party in accordance with the provisions of this Agreement.
ARTICLE 12
MISCELLANEOUS
12.1 Complete Agreement – This Agreement, including the exhibits hereto labeled
“A” through “G,” all of which are incorporated herein for all purposes, constitute
the entire Agreement by and between the parties regarding the subject matter
hereof and supersedes all prior and/or contemporaneous written and/or oral
understandings. This Agreement may not be amended, supplemented, and/or
modified except by written agreement duly executed by both parties. The
following exhibits are attached below and made a part of this Agreement:
12.1.1 Exhibit “A,” Scope of Services.
12.1.2 Exhibit “B,” Compensation Schedule / Project Billing / Project Budget.
Town of Prosper, Texas – Professional Services Agreement Page 16 of 46
12.1.3 Exhibit “C,” Town of Prosper Guidelines for Computer Aided Design and
Drafting (CADD).
12.1.4 Exhibit “D,” Town of Prosper Guidelines for Direct Expenses; General
and Administrative Markup; Travel and Subsistence Expenses.
12.1.5 Exhibit “E,” Town of Prosper Contractor Insurance Guidelines.
12.1.7 Exhibit “F,” Affidavit.
12.1.8 Exhibit “G,” Conflict of Interest Questionnaire, Form CIQ.
12.2 Assignment and Subletting – The Consultant agrees that neither this
Agreement nor the work to be performed hereunder will be assigned or sublet
without the prior written consent of the Town. The Consultant further agrees that
the assignment or subletting of any portion or feature of the work or materials
required in the performance of this Agreement shall not relieve the Consultant of
its full obligations to the Town as provided by this Agreement. All such approved
work performed by assignment or subletting shall be billed through Consultant,
and there shall be no third party billing.
12.3 Successors and Assigns – Town and Consultant, and their partners, assigns,
successors, subcontractors, executors, officers, agents, employees,
representatives, and administrators are hereby bound to the terms and
conditions of this Agreement.
12.4 Severability – In the event of a term, condition, or provision of this Agreement is
determined to be invalid, illegal, void, unenforceable, or unlawful by a court of
competent jurisdiction, then that term, condition, or provision, shall be deleted
and the remainder of the Agreement shall remain in full force and effect as if
such invalid, illegal, void, unenforceable or unlawful provision had never been
contained herein.
12.5 Venue – This entire Agreement is performable in Collin County, Texas and the
venue for any action related directly or indirectly, to this Agreement or in any
manner connected therewith shall be in Collin County, Texas, and this
Agreement shall be construed under the laws of the State of Texas.
12.6 Execution / Consideration – This Agreement is executed by the parties hereto
without coercion or duress for any substantial consideration, the sufficiency of
which is forever confessed.
12.7 Authority – The individuals executing this Agreement on behalf of the respective
parties below represent to each other that all appropriate and necessary action
has been taken to authorize the individual who is executing this Agreement to do
so for and on behalf of the party for which his or her signature appears, that there
Town of Prosper, Texas – Professional Services Agreement Page 17 of 46
are no other parties or entities required to execute this Agreement in order for the
same to be an authorized and binding agreement on the other party for whom the
individual is signing this Agreement and that each individual affixing his or her
signature hereto is authorized to do so, and such authorization is valid and
effective on the date hereof.
12.8 Waiver – Waiver by either party of any breach of this Agreement, or the failure of
either party to enforce any of the provisions of this Agreement, at any time, shall
not in any way affect, limit, or waive such party’s right thereafter to enforce and
compel strict compliance.
12.9 Headings – The headings of the various sections of this Agreement are included
solely for convenience of reference and are not to be full or accurate descriptions
of the content thereof.
12.10 Multiple Counterparts – This Agreement may be executed in a number of
identical counterparts, each of which shall be deemed an original for all
purposes.
12.11 Sovereign Immunity – The parties agree that the Town has not waived its
sovereign immunity by entering into and performing its obligations under this
Agreement.
12.12 Additional Representations – Each signatory represents this Agreement has
been read by the party for which this Agreement is executed and that such party
has had the opportunity to confer with its counsel.
12.13 Miscellaneous Drafting Provisions – This Agreement shall be deemed drafted
equally by all parties hereto. The language of all parts of this Agreement shall be
construed as a whole according to its fair meaning, and any presumption or
principle that the language herein is to be construed against any party shall not
apply.
12.14 No Third Party Beneficiaries - Nothing in this Agreement shall be construed to
create any right in any third party not a signatory to this Agreement, and the
parties do not intend to create any third party beneficiaries by entering into this
Agreement.
12.15 Indemnity – The parties agree that the Indemnity provision set forth in Article 10
herein is conspicuous and the parties have read and understood the same.
Town of Prosper, Texas – Professional Services Agreement Page 18 of 46
IN WITNESS WHEREOF, the parties have executed this Agreement and caused this
Agreement to be effective on the latest day as reflected by the signatures below.
Effective Date: ________________________________
TOWN CONSULTANT
Town of Prosper, Texas Freese and Nichols, Inc.
By: _____________________________ By: ____________________________
Mike Land Name of Agent
Title: _Town Manager________________ Title: ___________________________
APPROVED AS TO FORM:
________________________________
Abernathy, Roeder, Boyd, & Joplin, P.C.
Town of Prosper, Texas – Professional Services Agreement Page 19 of 46
STATE OF TEXAS:
COUNTY OF COLLIN:
BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED MIKE LAND,
KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE
FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED
THE SAME FOR THE PURPOSE AND CONSIDERATION EXPRESSED, AND IN THE
CAPACITY THEREIN STATED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS _____ DAY OF
_____________________, 2011.
________________________________________________
NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS
My commission expires: ____________________________
STATE OF TEXAS:
COUNTY OF _______________:
BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED
_____________________________________, KNOWN TO ME TO BE THE PERSON
WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND
ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSE
AND CONSIDERATION EXPRESSED, AND IN THE CAPACITY THEREIN STATED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS _____ DAY OF
______________________, 2011.
________________________________________________
NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS
My commission expires: ____________________________
EXHIBIT “A”
SCOPE OF SERVICES
Town of Prosper, Texas – Professional Services Agreement Page 20 of 46
Agreement by and between the Town of Prosper, Texas (Town)
and Freese and Nichols, Inc. (Consultant)
to perform Professional Engineering Services for the
2nd Upper Plane 30/24-Inch Treated Water Pipeline
I. PROJECT DESCRIPTION.
Design of approximately 11,150 feet of 30-inch and 4,300 feet of 24-inch treated
water pipeline (Total approximate length of 15,450 feet) extending from the Town’s
Custer Road Pump Station northwest to the intersection of Prosper Trail and Coit
Road and then north along Coit to the existing 20-inch waterline termination just
south of Prosper Trail. In addition, design of one 30” flow meter, vault, and
associated electrical and instrumentation is included. This scope of services is
based on the preparation of one (1) set of construction contract documents.
II. TASK SUMMARY, BASIC SERVICES.
A. Task One, General –
Consultant shall provide program management services for the project. The
following services shall be provided.
1. Coordination of the letters of permission for access to private properties for
surveying as needed. Consultant shall mail the letters and perform follow-up
phone calls as necessary to obtain the signed letters. In the event of a
landowner denial of access, the Town shall take over coordination for that
property to gain right of entry.
2. Coordinate preparation of easement documents with the Town Engineer
and/or Town Attorney as needed.
3. Prepare presentation and attend one (1) Council meeting to brief the Council
on the progress of the design.
4. Conduct one (1) kick-off meeting with Town staff to define project goals,
schedules and design criteria.
B. Task Two, Pipeline Alignment Study –
Upon written notice to proceed, Consultant shall conduct a pipeline alignment
study that will provide recommendations to the Town for the alignment of the
proposed pipeline. The following tasks shall be performed;
EXHIBIT “A”
SCOPE OF SERVICES
Town of Prosper, Texas – Professional Services Agreement Page 21 of 46
1. Data Collection
a. Obtain copies of available aerial photos, and mapping covering the route
corridors from the Town .
b. Collect available property ownership information from the Appraisal District
system to assist in alignment routing.
c. Inventory existing water and wastewater system from available records
along the route corridors.
d. Develop a base map with aerial photos, parcel information, and existing
utility information.
2. It is anticipated that a majority of the proposed pipeline will cross property
currently held by Landplan and therefore alignment selection will require close
coordination between the Town and Landplan. Engineer shall conduct one (1)
kickoff meeting with the Town staff and Landplan representatives. At this
meeting the project will be discussed and input from Landplan on potential
alignments will be solicited. If Landplan has conceptual design information
such as roadway layouts or land use, those will be requested and added to
the base map to assist in alignment selection. The meeting will be
summarized in meeting minutes and distributed to meeting participants.
3. Initial Alignment Options
a. Develop up to three (3) alignments for the proposed pipeline considering
such elements as cost, impacts on businesses and residents, utility
conflicts, proximity to future thoroughfares, environmental impacts, and
coordination with other projects and developments.
1. Engineer shall perform one (1) site visit to observe the alignment
options. In addition, a desktop environmental constraints analysis will
be performed. All environmental tasks are a special service.
2. Each option will be mapped on aerial photos, conceptual level opinions
of probably construction cost will be generated for each option, and a
preliminary landowner crossing list will be generated for each option.
The three options studied will be summarized in a draft memorandum
along with the recommended route.
3. Submit three (3) hard copies of the draft alignment map and
memorandum as well as pdf copies to the Town. Town will distribute to
Landplan.
4. Attend (1) review meeting with Town staff and others attendees as
desired by the Town to discuss the three initial alignment options and
recommendations.
EXHIBIT “A”
SCOPE OF SERVICES
Town of Prosper, Texas – Professional Services Agreement Page 22 of 46
4. Revision of Initial Options
a. Comments from the meeting shall be incorporated into the alignment
options and memorandum following the initial review meeting. Additional
alignments above the three initially developed will be considered an
additional service.
b. Submit three (3) copies and pdf’s of the revised final mapping and a final
memorandum summarizing the alignment study and recommending the
proposed pipeline alignment. The alignment study memo will be
incorporated in to the primary design memorandum
c. Town staff will direct Consultant on the preferred alignment prior to
proceeding with design tasks.
C. Task Three, Preliminary Design (30% and 60%)
1. Design Survey: Surveying is provided as a Special Service
2. Pipeline Environmental: Environmental services are provided as a Special
Service.
3. Obtain record drawings for street, water, sanitary sewer, and storm drain
plans from the Town. In addition, obtain platted development and master
plans along the pipeline route from the Town. Incorporate record data and
master plans on the preliminary construction plans.
4. Utility Coordination
a. Contact Utility Companies to attempt to obtain information about existing
franchise utilities that may be in conflict with the proposed improvements.
Additional Subsurface Utility Engineering (SUE) is provided as a Special
Service.
b. Provide utility companies, including but not limited to, franchised utilities
and pipeline companies which have facilities within the limits of the
Project, with preliminary construction plans for the Project. The Engineer
shall obtain, from the utility companies, their best estimate of time required
for any necessary relocations.
c. Coordinate with the utility companies for any necessary utility
relocations/adjustments that may be required due to the Project and
indicate on the preliminary plans said relocations/adjustments.
5. Preliminary Construction Plans (Pipeline)
a. Prepare preliminary design plan and profile sheets at a scale of 1"=30'
horizontal and 5' vertical. The plans shall only include the alignment (plan
view) at the 30% design submittal. Both plan and profile will be shown in
the 60% design submittal.
EXHIBIT “A”
SCOPE OF SERVICES
Town of Prosper, Texas – Professional Services Agreement Page 23 of 46
b. Prepare preliminary details for connections to existing system.
c. Prepare preliminary details for boring and tunneling.
6. Preliminary Construction Plans (Flow Meter Vault)
a. Conduct one (1) site visit of Custer Road Pump Station Site to verify as-
constructed conditions.
b. Prepare preliminary electrical and instrumentation plans associated with
the flow meter vault.
7. Prepare Preliminary Opinions of Probable Construction Cost (OPCC)
8. Submit three (3) copies of 11”x17” preliminary construction plans and OPCCs
to the Town for the 30% design submittal and 60% design submittal.
9. Conduct one (1) preliminary design review meeting to review the Town’s
comments on each of the 30% and 60% preliminary design submittals (2
meetings total).
D. Task Four, Final Design Phase (90% and Final)
1. 90% Design Submittal
a. Upon approval of the 60% design submittal Consultant shall incorporate
all agreed upon review comments into a 90% Construction Plans and
Specifications submittal.
b. Prepare 90% OPCC
c. Submit three (3) copies of 11”x17” 90% construction plans, specifications,
and OPCC to the Town for review.
d. Conduct one (1) comment review meeting with Town Staff.
2. Final Design
a. Upon approval of the 90% design submittal Consultant shall incorporate
all agreed upon comments into a Final Construction Plans and
Specifications set.
b. Prepare final OPCC
c. Submit three 11”x17” copies of the final construction plans and
specifications
E. Task Five, Bid Phase – FNI will perform the following Bid Phase services.
1. Assist Town in securing bids. Issue a Notice to Bidders to prospective
contractors and vendors listed in Consultant’s database of prospective
bidders, and to selected plan rooms. Provide a copy of the notice to bidders
EXHIBIT “A”
SCOPE OF SERVICES
Town of Prosper, Texas – Professional Services Agreement Page 24 of 46
for Town to use in notifying construction news publications and publishing
appropriate legal notice. The cost for publications shall be paid by the Town .
2. Print Bid Documents and distribute to selected plan rooms, and to prospective
bidders that respond to the Notice to Bidders. Cost of the bid documents
shall be recouped by the Consultant.
3. Maintain information on entities that have been issued a set of bid documents.
Distribute information on plan holders to interested contractors and vendors
on request.
4. Assist Town by responding to questions and interpreting bid documents.
Prepare and issue addenda to the bid documents to plan holders if necessary.
5. Preliminary Bid Tabulation & Review - Assist Town during bid opening, making
preliminary tabulation of bids, and review questionnaires and bids for
completeness.
6. Qualifications Review - Review and evaluate the qualifications of the apparent
successful bidder and the proposed major or specialty subcontractors. The
review and evaluation will include such factors as work previously completed,
equipment that is available for the work, publicly available financial resources,
technical experience, and responses from references.
7. Bid Tabulation - Prepare and distribute formal bid tabulation sheets, evaluate
bids and make written recommendations to Town concerning contract award.
8. Issue Construction Contract Documents - Prepare and distribute conforming
(with all addenda posted) 10 full size (24” x 36”) copies of the construction
contract documents. These services will include review of contractor’s bonds,
furnishing to the Contractor unsigned construction contract documents, and
transmitting the construction contract documents to Town for signature and
distribution. Conformed drawings will also be provided in electronic format.
F. Task Six, Construction Phase –
Consultant will proceed with the performance of construction phase services as
described below. Consultant will endeavor to protect the Town in providing these
services. However, it is understood that Consultant does not guarantee the
Contractor's performance, nor is Consultant responsible for supervision of the
Contractor's operation and employees. Consultant shall not be responsible for
the means, methods, techniques, sequences or procedures of construction
selected by the Contractor, or any safety precautions and programs relating in
any way to the condition of the premises, the work of the Contractor or any
Subcontractor. Consultant shall not be responsible for the acts or omissions of
EXHIBIT “A”
SCOPE OF SERVICES
Town of Prosper, Texas – Professional Services Agreement Page 25 of 46
any person (except its own employees or agents) at the Project site or otherwise
performing any of the work of the Project.
The Town agrees to include provisions in the construction contract documents
that will require the construction contractors to include Consultant and their sub-
consultants on this project to be listed as an additional insured on contractors’
insurance policies.
1. Assist Town in conducting pre-construction conference with the Contractor
and review construction schedules prepared by the Contractor pursuant to the
requirements of the construction contract.
2. Establish communication procedures with the Town and contractor.
3. Establish and maintain a project documentation system consistent with the
requirements of the construction contract documents. Monitor the processing
of contractor's submittals and provide for filing and retrieval of project
documentation. Review contractor's submittals, including, requests for
information, modification requests, shop drawings, schedules, and other
submittals in accordance with the requirements of the construction contract
documents for the projects.
4. Based on Consultant's observations as an experienced and qualified design
professional and review of the Payment Requests and supporting
documentation submitted by Contractor, determine the amount that
Consultant recommends Contractor be paid on monthly and final estimates,
pursuant to the General Conditions of the Construction Contract.
5. Make one visit per month for the estimated 6-month construction duration (6
site visits total) to the site to observe the progress and the quality of work and
to attempt to determine in general if the work is proceeding in accordance
with the Construction Contract Documents. In this effort Consultant will
endeavor to protect the Town against defects and deficiencies in the work of
Contractors and will report any observed deficiencies to the Town. Visits to
the site in excess of the specified number are an additional service.
6. Notify the contractor of non-conforming work observed on site visits. Review
quality related documents provided by the contractor such as test reports,
equipment installation reports or other documentation required by the
Construction contract documents.
7. Interpret the drawings and specifications for the Town and Contractor.
Investigations, analyses, and studies requested by the Contractor and
approved by the Town, for substitutions of equipment and/or materials or
deviations from the drawings and specifications is an additional service. This
scope covers review of up to five requests for information.
EXHIBIT “A”
SCOPE OF SERVICES
Town of Prosper, Texas – Professional Services Agreement Page 26 of 46
8. Establish procedures for administering constructive changes to the
construction contracts. Process contract modifications and negotiate with the
contractor on behalf of the Town to determine the cost and time impacts of
these changes. Prepare change order documentation for approved changes
for execution by the Town. Documentation of field orders, where cost to
Town is not impacted, will also be prepared. Investigations, analyses, studies
or design for substitutions of equipment or materials, corrections of defective
or deficient work of the contractor or other deviations from the construction
contract documents requested by the contractor and approved by the Town
are an additional service. Substitutions of materials or equipment or design
modifications requested by the Town are an additional service. This scope
item covers the preparation of up to five field orders or change orders.
9. Conduct, in company with Town's representative, a final review of the Project
for conformance with the design concept of the Project and general
compliance with the Construction Contract Documents (1 site visit). Prepare
a list of deficiencies to be corrected by the contractor before recommendation
of final payment. Assist the Town in obtaining legal releases, permits,
warranties, and spare parts from the contractor. Review and comment on the
certificate of completion and the recommendation for final payment to the
Contractor. Visiting the site to review completed work in excess of two trips
are an additional service.
10. Revise the construction drawings in accordance with the information
furnished by construction Contractor(s) reflecting changes in the Project
made during construction. Two (2) sets of prints of "Record Drawings" shall
be provided by Consultant to the Town. Consultant shall also provide a DWG
electronic copy of the Record Drawings to the Town
G. RESIDENT REPRESENTATION: Not Included.
III. TASK SUMMARY, SPECIAL SERVICES.
H. Task Eight, Survey
FNI will subcontract with a surveying firm to provide surveying services. The
services listed below are based upon 15,540 feet of pipeline and will involve
topographic survey and the preparation of up to fifteen (15) permanent waterline
easement documents with associated temporary construction exhibits in the
same document as the permanent easement. A detailed scope of work is
described below.
1. Ownership Data – Research property ownership of the affected parcels and
obtain copies of deeds, subdivision plats, right-of-way maps and ownership
addresses along the route. Prepare a landowners Excel spreadsheet to
EXHIBIT “A”
SCOPE OF SERVICES
Town of Prosper, Texas – Professional Services Agreement Page 27 of 46
include parcel number and landowner’s name and address. Prepare a deed
plot of all ownerships, subdivisions, and rights-of-way within one hundred feet
either side of the proposed pipeline alignment. All properties shall be
numbered to match the corresponding list of landowners in the Excel
spreadsheet.
2. Ownership Map – Locate property corners of parcels that are affected by the
proposed pipeline alignment. Calculate property lines, easement lines, and
right-of-way lines of existing streets and utilities.
3. Easements - Prepare an exhibit and boundary easement description for each
tract that the proposed pipeline will cross. The legal descriptions and plats
shall meet the criteria stated below. Easements shall be signed and sealed
by a Registered Professional Land Surveyor, currently registered in the State
of Texas. Each easement shall have attached to it a copy of the
corresponding deed for that property and a closure computation sheet for the
easement tract. A draft copy of each easement shall be submitted. After
review by the Town , Consultant shall incorporate comments as appropriate
and submit one final copy of the easements and deeds to the Town . This
proposal is based upon preparation of fifteen (15) permanent easement
documents with associated temporary construction easement documents.
Permanent and temporary easements shall be on separate documents and
will not be combined in to one document. Easements prepared in excess of
this number will be an additional service.
a) Exhibit Plats and legal descriptions must meet all the rules of the Texas
Board of Professional Land Surveying and the Professional Land
Surveying Practices Act. The Manual of Practice for Land Surveying in the
State of Texas, as published by the Texas Society of Professional
Surveyors, is the standard to which all consultant’s survey work shall be
performed. The latest revision will be used.
b) Legal descriptions shall include sufficient information to identify the
location, boundaries, monumentation, and area of the described tract, as
well as its relationship to the parent tract out of which it is surveyed. Each
legal description shall be accompanied by an exhibit plat which depicts the
worded description. Legal descriptions and Exhibit Plats shall be
reproduced on 8 1/2 x 11 size paper. All must be legible. The Exhibit Plat
or Legal Description should be able to stand alone.
c) The Exhibit Plat should contain the following:
1. North Arrow
2. Graphic Scale
3. Legend
4. Mathematical Closure
5. Abstract name and number
6. Basis of bearing
7. Controlling Monuments
EXHIBIT “A”
SCOPE OF SERVICES
Town of Prosper, Texas – Professional Services Agreement Page 28 of 46
8. Check bearings and distances against legal description (They should
be the same)
9. Show adjoiners
10. Show existing easements (with instrument recording information)
11. Exhibit plat should acknowledge existence of the Legal description
12. Line and curve tables are discouraged
13. Curve data must contain the following: delta, radius, length, long chord
bearing and long chord distance. State if curve is tangent or non-
tangent.
14. The survey plat shall bear the firm name, surveyors name, address,
and phone number of the land surveyor responsible for the land
survey, his/her official seal, his/her original signature, and date
surveyed (663.19.5)
15. Acreage to the appropriate number of decimal places. (no square feet)
d) The Legal Description shall contain the following (metes and bounds
descriptions only):
General Description
1. Name of current owner of record
2. Type of conveyance record (warranty deed, quit claim deed, etc.)
3. The conveyance instrument recording information (Deed record
Volume and Page)
4. Survey Name and Abstract Number
5. County, Town , and State
Specific Description
1. POINT OF BEGINNING tied to a monumented corner of the parent
tract
2. Check bearings and distances against Exhibit plat (They should be the
same)
3. Curve data must contain the following: delta, radius, length, long chord
bearing and long chord distance. State if curve is tangent or non-
tangent.
4. References to adjoining properties
5. Basis of Bearing
6. Legal description should acknowledge existence of the Exhibit plat
7. Acreage to the appropriate number of decimal places. (no square feet)
4. Existing Underground Utilities – Surveyor shall contact DigTess, or other
statewide utility locate company, as well as coordinate with the Town to mark
existing utilities and incorporate all marked utilities into the design survey.
5. Topographic/Design Survey - Locate all improvements within 50 feet either
side of the proposed final pipeline centerline. Provide elevations of all tops
and toes of slope and at all vertical changes within 50 feet either side of the
EXHIBIT “A”
SCOPE OF SERVICES
Town of Prosper, Texas – Professional Services Agreement Page 29 of 46
proposed final pipeline centerline. This information shall be sufficient to
generate a contour model (DTM) of the proposed pipeline. Record a general
description of the existing terrain. This shall include the top elevation of all
manholes as well as the invert elevations of all conduits entering and exiting
the manholes. Prepare a final digital topographic/design survey drawing in
AutoCad 2000 (or later version) format at a scale of 1”=30’ including contour
lines. The drawing shall show all features located, horizontal and vertical
control points, property lines, existing easement lines, and existing visible
utilities. Other deliverables shall include a copy of all field notes and field
sketches, a hard copy coordinate list of points located in the field and a digital
ASCII point list.
6. Locate Property and Railroad Crossings - Locate and reference the nearest
mile marker at all railroad crossings, all property lines and property corners to
pipeline centerline by station, and offset.
7. Control Points - Establish permanent vertical control benchmarks and
horizontal control points at the beginning and the end of the proposed pipeline
and along the pipeline centerline at a minimum of 2,500-foot intervals from
Texas State Plane Coordinate System NAD 83 and NAVD 88 control. Provide
all work in surface coordinates. All work shall meet the requirements of the
TSPS Manual of Practice for Land Surveying in the State of Texas, categories
7 and 8, second order.
I. Task 9 Subsurface Utility Engineering (S.U.E.)
Upon authorization from the Town, FNI will subcontract with a SUE firm to
provide the following SUE services:
A maximum number of five (5) potholes will be provided to locate existing utilities
crossing the proposed waterline.
J. Task 10 Environmental Services
This environmental scope of services only applies to the approximately 11,150
linear feet (LF) of 30-inch water line from the Coit Road and First Street
intersection to the existing Custer Road pump station. The pipeline alignment
will include at least one crossing of waters of the U.S.; therefore, construction will
likely require 404 permit authorization. This scope assumes that the pipeline can
be designed and authorized under the terms and conditions of Nationwide Permit
12, Utility Line Activities, without a pre-construction notification. FNI proposes
the following scope of services to address these requirements.
1. Task 1. Desktop Review: Assemble readily available environmental data and
perform a desktop mapping review of the alignment study options for potential
environmental constraints.
EXHIBIT “A”
SCOPE OF SERVICES
Town of Prosper, Texas – Professional Services Agreement Page 30 of 46
2. Task 2. Compile Information: Assemble data such as aerial photos, ROW
limits, and alignments in digital format for site visit of the selected alignment.
The selected alignment will be based on the alignment study and the results
of Task 1, above. Create Data Dictionary for GPS data logger for data
collection.
3. Task 3. Conduct site visit for water line alignment (11,150 LF). FNI
environmental scientists will conduct a site visit to observe and document
existing conditions (environment) and assess project impacts along the
selected alignment. The presence and locations of waters of the U.S.,
including wetlands; potential threatened/endangered species habitat; and
vegetation cover types will be identified in the proposed ROW.
4. Task 4. Consult with Texas Historical Commission (THC): Projects
sponsored by public entities that affect a cumulative area greater than five
acres or that disturb more than 5,000 cubic yards require advance
consultation with the Texas Historical Commission according to Section
191.0525 (d) of the Antiquities Code of Texas. Because the proposed project
is expected to exceed these thresholds, coordination with THC will be
required. FNI will prepare a letter to the Texas Historical Commission
describing the project and requesting their review. Any follow up studies
required by the THC are not included in this scope of services. An
archeological survey is not included in this scope of services.
5. Task 5. Prepare Technical Memorandum: FNI will prepare a technical
memorandum documenting the results of the field study including wetland
delineation data forms, water crossing data forms, photos, GPS information,
and an opinion on the Section 404 permitting requirements. FNI will then
recommend what, if any, additional studies are needed and a proposed
course of action needed to get the project authorized under a Section 404
permit. Additional studies are not included in this scope of services.
6. Task 6. Meet with Town: FNI environmental scientists will attend one
meeting with the Town to discuss the draft technical memorandum, the
Town’s comments, and the USACE permitting process.
ADDITIONAL ENVIRONMENTAL SERVICES: Freese and Nichols will notify the
Town if any of the following services will be necessary to comply with permit
requirements. The following services can be provided upon written authorization by
the Town:
1. Preparation of a detailed wetland delineation and jurisdictional determination
report.
2. Preparation of a pre-construction notification for nationwide or regional general
404 permit coverage.
EXHIBIT “A”
SCOPE OF SERVICES
Town of Prosper, Texas – Professional Services Agreement Page 31 of 46
3. Preparation of a formal written request for USACE authorization under a letter
of permission procedure.
4. Preparation of a standard individual Section 404 permit application.
5. Preparation of Environmental Information Document, Environmental
Assessment, or an Environmental Impact Statement.
6. Meetings or consultation with the USACE or other resource agencies, except
as specifically noted in the scope of services.
7. If required by the USACE, FNI can assist the District with holding a Public
Hearing by preparing public notices, submitting notices to local newspaper(s);
providing verbatim transcript services, attending the public hearing; and
incorporating the hearing record into the EA.
8. Presence/absence surveys for federally listed threatened/endangered species.
9. Preparation of a mitigation plan to compensate for impacts to waters of the U.S.
10. Application to Texas Commission on Environmental Quality for individual 401
Water Quality Certification.
11. Application for General Land Office easements.
12. Application for Texas Parks & Wildlife Department Sand and Gravel Permit.
13. Additional field investigations or analysis required to respond to public or
regulatory agency comments.
14. Consultation with the U. S. Fish and Wildlife Service under Section 7 of the
Endangered Species act.
15. Expert representation at legal proceedings or at contested hearings.
16. Mitigation monitoring if required by permit conditions.
17. Monitoring for compliance with permit conditions.
18. Additional modifications to the compensatory mitigation plan.
19. Assist with the payment of an EID processing fee if levied by the USACE.
20. Phase I Environmental Site Assessment
EXHIBIT “A”
SCOPE OF SERVICES
Town of Prosper, Texas – Professional Services Agreement Page 32 of 46
IV. ITEMS NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES.
Additional Services not included in the existing Scope of Services – Town and
Consultant agree that the following services are beyond the Scope of Services
described in the tasks above. However, Consultant can provide these services, if
needed, upon the Town’s written request. Any additional amounts paid to the
Consultant as a result of any material change to the Scope of the Project shall be
agreed upon in writing by both parties before the services are performed. These
Additional Services include the following:
A. Field layouts or the furnishing of construction line and grade surveys.
B. Environmental Services other than outlined in Special Services.
C. Mitigation planning required by the USACOE 404 permit.
D. GIS mapping services or assistance with these services.
E. Providing services to investigate existing conditions or facilities, or to make
measured drawings thereof, or to verify the accuracy of drawings or other
information furnished by the Town.
F. Providing renderings, model, and mock-ups requested by the Town.
G. Making revisions to drawings, specifications or other documents when such
revisions are 1) not consistent with approvals or instructions previously given by
the Town or 2) due to other causes not solely within the control of Consultant.
H. Providing consultation concerning the replacement of any Work damaged by
fire or other cause during the construction, and providing services as may be
required in connection with the replacement of such Work.
I. Investigations involving consideration of operation, maintenance and overhead
expenses, and the preparation of rate schedules, earnings and expense
statements, feasibility studies, appraisals, evaluations, assessment schedules,
and material audits or inventories required for certification of force account
construction performed by the Town.
J. Preparing applications and supporting documents for government grants, loans,
or planning advances and providing data for detailed applications.
K. Providing shop, mill, field or laboratory inspection of materials and equipment.
Observe factory tests of equipment at any site remote to the project or
observing tests required as a result of equipment failing the initial test.
EXHIBIT “A”
SCOPE OF SERVICES
Town of Prosper, Texas – Professional Services Agreement Page 33 of 46
L. Conducting pilot plant studies or tests.
M. Preparing Operation and Maintenance Manuals or conducting operator training.
N. Preparing data and reports for assistance to the Town in preparation for
hearings before regulatory agencies, courts, arbitration panels or any mediator,
giving testimony, personally or by deposition, and preparations therefore before
any regulatory agency, court, arbitration panel or mediator.
O. Assisting the Town in preparing for, or appearing at litigation, mediation,
arbitration, dispute review boards, or other legal and/or administrative
proceedings in the defense or prosecution of claims disputes with
Contractor(s).
P. Performing investigations, studies and analyses of substitutions of equipment
and/or materials or deviations from the drawings and specifications.
Q. Assisting the Town in the defense or prosecution of litigation in connection with
or in addition to those services contemplated by this Agreement. Such
services, if any, shall be furnished by Consultant on a fee basis negotiated by
the respective parties outside of and in addition to this Agreement.
R. Providing environmental support services including the design and
implementation of ecological baseline studies, environmental monitoring,
impact assessment and analyses, permitting assistance, and other assistance
required to address environmental issues.
S. Performing investigations, studies, and analysis of work proposed by
construction contractors to correct defective work.
T. Design, contract modifications, studies or analysis required to comply with
local, State, Federal or other regulatory agencies that become effective after
the date of this Agreement.
U. Services required to resolve bid protests or to rebid the projects for any reason.
V. Visits to the site in excess of the number of trips included in the Basic Services
for periodic site visits, coordination meetings, or contract completion activities.
W. Any services required as a result of default of the contractor(s) or the failure, for
any reason, of the contractor(s) to complete the work within the contract time.
X. Providing services after the completion of the construction phase not
specifically listed in the Basic Services.
EXHIBIT “A”
SCOPE OF SERVICES
Town of Prosper, Texas – Professional Services Agreement Page 34 of 46
Y. Providing services made necessary because of unforeseen, concealed, or
differing site conditions or due to the presence of hazardous substances in any
form.
Z. Providing services to review or evaluate construction contractor(s) claim(s),
provided said claims are supported by causes not within the control of
Consultant.
AA. Providing value engineering studies or reviews of cost savings proposed by
construction contractors after bids have been submitted.
BB. Preparing statements for invoicing or other documentation for billing other than
for the standard invoice for services attached to this professional services
agreement.
CC. Provide follow-up professional services during Contractor’s warranty period.
DD. Furnishing the services of a Resident Project Representative to act as the
Town’s on-site representative during the Construction Phase. The Resident
Project Representative will act as directed by Consultant in order to provide
more extensive representation at the Project site during the Construction
Phase. Through more extensive on-site observations of the work in progress
and field checks of materials and equipment by the Resident Project
Representative and assistants, Consultant shall endeavor to provide further
protection for the Town against defects and deficiencies in the work.
EE. If the Town provides personnel to support the activities of the Resident Project
Representative who is Consultant or Consultant’s agent or employee, the
duties, responsibilities and limitations of authority of such personnel will be set
forth in an Attachment attached to and made a part of this Agreement before
the services of such personnel are begun. It is understood and agreed that
such personnel will work under the direction of and be responsible to the
Resident Project Representative. The Town agrees that whenever Consultant
informs him in writing that any such personnel provided by the Town are, in his
opinion, incompetent, unfaithful or disorderly, such personnel shall be replaced.
EXHIBIT “A”
SCOPE OF SERVICES
Town of Prosper, Texas – Professional Services Agreement Page 35 of 46
V. DELIVERABLES.
A. Required Deliverables – At the completion of Tasks 1 through 4, Consultant
shall ensure the delivery of the following products to the Town:
1. Deliverable #1 – 30% Design Submittal
2. Deliverable #2 – 60% Design Submittal
3. Deliverable #3 – 90% & Final Submittal
VI. PROJECT LABOR ALLOCATION.
Task Subtask Labor Hours
TASK 1 & 2 Project General Coordination & Alignment Study
Task 1 & 2 Subtotal
238 Hours
TASK 3 Preliminary Design (30% & 60%)
Task 3 Subtotal
653 Hours
TASK 4 Final Design (90%)
Task 4 Subtotal
521 Hours
TASK 5 Bid Phase
Task 5 Subtotal
95 Hours
TASK 6 Construction General Rep
Task 6 Subtotal
181 Hours
GRAND TOTAL
1,688 Hours
VII. ATTACHMENTS (NONE).
EXHIBIT “B”
COMPENSATION SCHEDULE / PROJECT BILLING / PROJECT BUDGET
Town of Prosper, Texas – Professional Services Agreement Page 36 of 46
Agreement by and between the Town of Prosper (Town)
and Freese and Nichols, Inc. (Consultant)
to perform Professional Engineering Services for the
2nd Upper Plane 30/24-Inch Treated Water Pipeline
I. COMPENSATION SCHEDULE / PROJECT BILLING SUMMARY.
MONTH $ AMOUNT TASK COMPLETED
Feb 2012 $18,950.00 Alignment Study (Basic – Lump Sum)
Mar 2012 $82,225.00 Survey (Special – Cost Plus)
May 2012 $18,350.00 Environmental Services (Special – Cost
Plus)
May 2012 $37,900.00 30% Design (Basic – Lump Sum)
July 2012 $56,850.00 60% Design (Basic – Lump Sum)
July 2012 $6,900.00 SUE (Special – Cost Plus)
Aug 2012 $14,665.00 Easement Docs (Special – Cost Plus)
Aug 201 $68,195.00 90% Design (Basic – Lump Sum)
Sep 2012 $7,600.00 Final Plans (Basic – Lump Sum)
Apr 2013 $21,055.00 General Representation (Basic – Lump
Sum)
TOTAL BASIC $210,550.00 (LUMP SUM)
TOTAL SPECIAL $122,140,00 (COST PLUS NOT TO EXCEED)
TOTAL $332,690.00 (NOT TO EXCEED)
EXHIBIT “B”
COMPENSATION SCHEDULE / PROJECT BILLING / PROJECT BUDGET
Town of Prosper, Texas – Professional Services Agreement Page 37 of 46
II. PROJECT BUDGET SUMMARY.
A. Basic Services.
1. Description of Basic Services.
a. Preliminary Design. $ 88,544.00
b. Final Design. $ 65,950.00
c. Bid Specifications & Construction Documents. $ 12,000.00
d. Compliance with Barriers Act and TDLR $ 21,056.00
Notice of Substantial Compliance.
e. Construction Administration $ 17,000.00
(including research of existing conditions and
certification of Contractor’s default).
f. Completion of Record Documents. $ 6,000.00
2. Total Basic Services (Lump Sum) $ 210,550.00
B. Special Services.
1. Description of Special Services.
a. Pipeline Environmental Services $ 18,350.00
b. Survey and Easement Documents $ 96,890.00
c. SUE $ 6,900.00
2. Total Special Services (Not-To-Exceed) $ 122,140.00
F. Project Budget, Grand Total (Not-To-Exceed) $ 332,690.00
EXHIBIT “C”
TOWN OF PROSPER
GUIDELINES FOR COMPUTER AIDED DESIGN AND DRAFTING (CADD)
Town of Prosper, Texas – Professional Services Agreement Page 38 of 46
1. Files shall be submitted in DWG/DXF format.
2. Files shall be georeferenced in the State Plane, Texas North Central FIPS 4202
(feet) coordinate system, using a datum of NAD 83.
3. If a surface adjustment factor is applied to the data, any surface adjustment
factors used should be clearly documented on the drawing.
4. If submissions for the Project relate to a plat, the file submitted must match
exactly the plat that is submitted for recording.
5. The file shall contain required features for the project type as detailed below:
a. Pre-Construction/As-Built Plans and/or Record Documents:
i. Layers from Final Plat Requirements as Applicable to Project Type.
ii. Water Utility Features.
iii. Sanitary Sewer Features.
iv. Storm Sewer Features.
6. Each required feature group should be provided as a separate layer within the
file.
7. Layer names should be representative of the information contained in the layer.
8. Line work should be continuous (e.g. no dashed lines in required layers) and
complete (connecting lines should meet at corners) within the subdivision/project.
Layers outside of project/subdivision boundary may be dashed in CAD data as
required for Final Plats by Prosper’s Subdivision Ordinance.
EXHIBIT “D”
TOWN OF PROSPER GUIDELINES FOR DIRECT EXPENSES; GENERAL AND
ADMINISTRATIVE MARKUP; TRAVEL AND SUBSISTENCE EXPENSES
Town of Prosper, Texas – Professional Services Agreement Page 39 of 46
I. CONSULTANT’S RESPONSIBILITY. The Consultant shall be solely responsible
for the auditing of all direct expenses, approved markup (general and/or
administrative), and approved travel and/or subsistence charges, including those of
its subcontractors, prior to submitting to the Town for reimbursement, and
Consultant shall be responsible for the accuracy thereof. Any over-payment by the
Town for errors in submittals for reimbursement may be deducted from the
Consultant’s subsequent payment(s) for services; however, this shall not be the
Town’s sole and exclusive remedy for said over-payment.
II. GUIDELINES FOR DIRECT EXPENSES.
A. Local Transportation – Transportation in connection with the Project, when
such transportation is not a function of routine performance of the duties of the
Consultant in connection with the Project, and when such transportation exceeds
beyond fifty (50) miles from the Project site, shall be reimbursed at a standard
mileage rate consistent with that as issued, and periodically revised, by the
United States Internal Revenue Service (IRS). Under no circumstances shall
Town reimburse Consultant at a higher standard mileage rate or pay additional
markup on charges for local transportation. Completion of Town’s Standard
Mileage Log is required for submittal of these charges for reimbursement,
including justification for each submitted expense.
Under no circumstances are charges associated with rental cars for local
transportation eligible for reimbursement by Town. Toll road subscriptions or toll
plaza receipts are not reimbursable. Consultant agrees to place these standards
in all subcontracts for work on the Project.
B. Supplies, Material, Equipment – Town shall reimburse the actual cost of other
similar direct Project-related expenses, which are duly presented in advance and
approved by Town’s Project Manager in writing.
C. Commercial Reproduction – Town shall reimburse the actual cost of
reproductions, specifically limited to progress prints prepared for presentation to
Town at each phase of progress, and final Construction Documents prepared for
distribution at bidding phase, provided that the Consultant has duly obtained at
least three (3) quotations from commercial firms and has chosen the best value
for the Town. Consultant shall provide such documentation to Town for review
prior to submitting these expenses for reimbursement. Consultant agrees to
place these standards in all subcontracts for work on the Project.
D. In-House Reproduction - Consultant shall make arrangements with the Town
for prior approval of in-house reproduction rates prior to submitting these
expenses for reimbursement. Town shall provide Consultant with a standard
format for documenting these charges. Completion of the Town’s reproduction
log is required as a prerequisite for payment, including the number or
EXHIBIT “D”
TOWN OF PROSPER GUIDELINES FOR DIRECT EXPENSES; GENERAL AND
ADMINISTRATIVE MARKUP; TRAVEL AND SUBSISTENCE EXPENSES
Town of Prosper, Texas – Professional Services Agreement Page 40 of 46
reproductions, the date, time, description, the approved standard rate, and a
justification for each submitted expense for reimbursement. Consultant agrees to
place these standards in all subcontracts for work on the Project.
E. Commercial Plotting – Town shall reimburse the actual cost of plots, specifically
limited to final documents, provided the Consultant has duly obtained at least
three (3) quotations from commercial firms and has chosen the best value for the
Town. Consultant shall provide such documentation to Town for review prior to
submitting these expenses for reimbursement. Consultant agrees to place these
standards in all subcontracts for work on the Project.
F. In-House Plotting – Consultant shall make arrangements with Town for prior
written approval of in-house plotting rates prior to submitting these charges for
reimbursement. Town shall provide Consultant with a standard format for
documenting these charges. Completion of the Town’s reproduction log is
required as a prerequisite for payment, including the number of plots, the date,
time, description, the approved standard rate, and a justification for each
submitted charge for reimbursement.
G. Communications – Reimbursement for expenses relating to electronic
communications shall be limited to long-distance telephone or fax toll charges
specifically required in the discharge of professional responsibilities related to the
Project. Telephone service charges including office or cellular phones, WATTS,
or Metro line services or similar charges are not reimbursable.
H. Postage, Mail, and Delivery Service – Town shall reimburse the actual cost of
postage and delivery of Instruments of Service, provided the Consultant duly
considers all circumstances (including available time for assured delivery) of the
required delivery and selects the best value for the Town, which may require
comparison of delivery costs offered by three (3) or more sources or methods of
delivery, which at a minimum shall include U.S. Mail. Courier service is
acceptable only in circumstances requiring deadline-sensitive deliveries and not
for the convenience of the Consultant and/or the Consultant’s employees.
Consultant agrees to place these standards in all subcontracts for work on the
Project.
I. Meals and Other Related Charges – Meals or any other related expenses are
not reimbursable unless incurred outside a fifty (50) mile radius of the Project,
and then only reimbursable for the actual cost subject to compliance with the
Town’s currently adopted policy. Non-allowable costs include, but are not limited
to, charges for entertainment, alcoholic beverages, and gratuities.
EXHIBIT “D”
TOWN OF PROSPER GUIDELINES FOR DIRECT EXPENSES; GENERAL AND
ADMINISTRATIVE MARKUP; TRAVEL AND SUBSISTENCE EXPENSES
Town of Prosper, Texas – Professional Services Agreement Page 41 of 46
III. GUIDELINES FOR GENERAL AND ADMINISTRATIVE MARKUP.
A. Requirement of Prior Approval – Consultant may be allowed to charge a
General and/or Administrative Markup on work completed if Consultant can
clearly define to Town specifically what costs are included in the markup
calculation. To apply General and/or Administrative Markup, Consultant must
also document to Town what costs would be considered direct costs. Town shall
issue approval in writing to allow Consultant to charge General and/or
Administrative Markup. Town reserves the right to reject any and all requests for
General and/or Administrative Markup.
IV. GUIDELINES FOR TRAVEL AND SUBSISTENCE EXPENSES.
A. Requirement of Prior Approval – Town shall reimburse the actual cost of travel
and/or subsistence expenses upon prior written approval by the Town’s Project
Manager.
B. Adherence to Currently Adopted Town Travel Policy – Reimbursements shall
be governed by the same travel policies provided for Town employees according
to current adopted policy. Prior to the event, Consultant shall request, and the
Town’s Project Manager shall provide the provisions and the restrictions that
apply to out-of-town reimbursements.
EXHIBIT “E”
TOWN OF PROSPER CONTRACTOR INSURANCE GUIDELINES
Town of Prosper, Texas – Professional Services Agreement Page 42 of 46
I. REQUIREMENT OF GENERAL LIABILITY INSURANCE –
A. Such policy shall name the Town, its officers, agents, representatives, and
employees as additional insured as to all applicable coverage with the exception
of workers compensation insurance.
A. Such policy shall require the provision of written notice to Town at least thirty (30)
days prior to cancellation, non-renewal, or material modification of any policies,
evidenced by return receipt or United States Certified Mail.
B. Such policy shall provide for a waiver of subrogation against the Town for
injuries, including death, property damage, or any other loss to the extent the
same is covered by the proceeds of the insurance.
II. INSURANCE COMPANY QUALIFICATION – All insurance companies providing
the required insurance shall be authorized to transact business in the State of
Texas, and shall have a minimum rating of “A” by A.M. Best’s Key Rating Guide, or
other equivalent rating service(s).
III. CERTIFICATE OF INSURANCE – A Certificate of Insurance evidencing the
required insurance shall be submitted with the contractor’s bid or response to
proposal. If the contract is renewed or extended by the Town a Certificate of
Insurance shall also be provided to the Town prior to the date the contract is
renewed or extended.
EXHIBIT “E”
TOWN OF PROSPER CONTRACTOR INSURANCE GUIDELINES
Town of Prosper, Texas – Professional Services Agreement Page 43 of 46
IV. INSURANCE CHECKLIST – “X” means that the following coverage is required for
this Agreement.
Coverage Required Limits
_X_ 1. Worker’s Compensation &
Employer’s Liability
Statutory Limits of the State of
Texas
_X_ 2. General Liability Minimum $1,000,000.00 each
occurrence;
Minimum $2,000,000.00 in the
aggregate.
___
3. XCU Coverage Minimum $1,000,000.00 each
occurrence;
Minimum $2,000,000.00 in the
aggregate.
_X_
4. Professional Liability Minimum $ 1,000,000.00 each
claim;
Minimum $ 2,000,000.00 in the
aggregate.
___
5. Umbrella Coverage or
Excess Liability Coverage
An amount of $ 2,000,000.00.
_X_ 6. Town named as additional insured on General Liability Policy. This
coverage is primary to all other coverage the Town may possess.
_X_
7. General Liability Insurance provides for a Waiver of Subrogation against
the Town for injuries, including death, property damage, or any other loss
to the extent that same is covered by the proceeds of the insurance.
_X_ 8. Thirty (30) days notice of cancellation, non-renewal, or material change
required. The words “endeavor to” and “but failure” (to end of sentence)
are to be eliminated from the Notice of Cancellation provision on standard
ACORD certificates.
_X_ 9. Insurance company has a minimum rating of “A” by A.M. Best’s Key
Rating Guide, or other equivalent rating service(s).
_X_ 10. The Certificate of Insurance must state the project title and bid number.
___ 11. Other Insurance Requirements (State Below):
EXHIBIT “F”
AFFIDAVIT
Town of Prosper, Texas – Professional Services Agreement Page 44 of 46
N/A
THE STATE OF TEXAS §
§
THE 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 Twenty Five Thousand and 00/100 Dollars ($25,000.00) or more of
the fair market value of the business entity.
_____ Funds received from the business entity exceed ten percent (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 Twenty Five Thousand and 00/100 Dollars ($25,000.00).
_____ A relative of mine has substantial interest in the business entity or property that
would be affected by my business decision of the public body of which I am a
member.
_____ Other: _________________________________________________.
_____ 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 a public body which took action on the agreement.
Signed this _____________________ day of _____________________, 2009.
_____________________________________
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 ________________________, 2009.
_____________________________________
Notary Public in and for the State of Texas
My commission expires: __________________
EXHIBIT “G”
CONFLICT OF INTEREST QUESTIONNAIRE, FORM CIQ
Town of Prosper, Texas – Professional Services Agreement Page 45 of 46
EXHIBIT “G”
CONFLICT OF INTEREST QUESTIONNAIRE, FORM CIQ
Town of Prosper, Texas – Professional Services Agreement Page 46 of 46
Opinion of Probable construction cost (UPPER range)
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL
A PVC WATERLINE W/DI FITTINGS
1 30" PVC Waterline 11,150 LF $150.00 $1,672,500.00
2 24" PVC Waterline 4,300 LF $120.00 $516,000.00
3 20" PVC Waterline 100 LF $200.00 $20,000.00
B STEEL CASING PIPE
1 48" Steel Casing by Bore (Irving Waterline)100 LF $700.00 $70,000.00
2 48" Steel Casing by Bore (Coit Road)100 LF $700.00 $70,000.00
3 42" Steel Casing by Bore (First Street)100 LF $550.00 $55,000.00
C APPURTENANCES
1 Trench Safety 15,250 LF $2.00 $30,500.00
2 30" Butterfly Valve 3 EA $12,000.00 $36,000.00
3 24" Butterfly Valve 2 EA $8,000.00 $16,000.00
4 20" Butterfly Valve 2 EA $6,000.00 $12,000.00
5 Fire Hydrant Assembly and Valve 31 EA $4,000.00 $124,000.00
6 3" Combination Air Valve 3 EA $15,000.00 $45,000.00
7 2" Combination Air Valve 2 EA $14,000.00 $28,000.00
8 Flow Meter, Vault, Electrical & Instrumentation 1 EA $100,000.00 $100,000.00
9 Blow off Valve Assembly 5 EA $14,000.00 $70,000.00
10 Seeding 25 AC $1,500.00 $37,500.00
11 SWPPP Preparation and Implementation 1 LS $20,000.00 $20,000.00
SUBTOTAL PVC:$2,922,500
CONTINGENCY 15%$438,380
SUBTOTAL:$3,360,880
MOBILIZATION 5%$168,050
PROJECT TOTAL $3,529,000
NOTES:
August 3, 2010
CHECKED BY
JP
ACCOUNT NO
OFF10041
ESTIMATOR
JVW
proposed water system improvements
town of prosper
2nd UPPER PLANE 30/24-INCH TREATED WATER PIPELINE
Conceptual OPCC 8-3-10.xls Page 1 of 1
!(FM 2478County Road 79
County Road 122
County Road 80County Road 74Easy
County Road 933
Gentle Creek
EquestrianCounty Road 78
County Road 81
Boyce
C
o
u
n
t
y
R
o
a
d
1
0
1
6
Liv
i
n
g
s
t
o
nLa CimaCounty Road 123
County Road 858
County Road 857Unnamed StreetSomervilleMontebelloCa
l
a
v
e
r
a
s
Ar
r
o
w
h
e
a
d
County Road 853County Road 1017County Road 10180 1,000 2,000
Feet
Ex. Pump Station
and 3 MG GST
Proposed 30"
Flow Meter 1FigureFN JOB NOFILEDATESCALEDESIGNEDDRAFTEDAs shownJuly 2010OFF10041JVWRCWTown of Prosper, TexasProposed 2nd Upper Plane30" & 24" Water LinesProsper_30in_WL.mxd116 N. Tennessee St., Suite 200McKinney, Texas 75069214-544-6401/
Reduce Prop. 30" WL
to 24" WL. Connect
to Ex. 20" WL
Connect to
Ex. 20" WL
Legend
Ex. 20" WL
Ex. 30" WL
Prop. 30" WL
Prop. 24" WL
11,150 LF - 30" WL (Approx.) 4,300 LF - 24" WL (Approx.)
TOWN OF PROSPER, TEXAS RESOLUTION NO. 11-70
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE AN
ENGINEERING DESIGN SERVICES AGREEMENT FOR THE 2ND
UPPER PLANE 30/24-INCH TREATED WATERLINE PIPELINE
PROJECT BETWEEN FREESE AND NICHOLS, INC., AND THE TOWN
OF PROSPER.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby
authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, an
Engineering Design Services Agreement for the 2nd Upper Plane 30/24-Inch Treated
Waterline Pipeline Project between Freese and Nichols, Inc., and the Town of Prosper,
as hereto attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 13th day of December, 2011.
_________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana, TRMC
Town Secretary
Page 1 of 2
Prosper is a place where everyone matters.
To: Mayor and Town Council
From: Wade Harden, Senior Parks and Recreation Planner
Cc: Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting – December 13, 2011
Date: December 7, 2011
Agenda Item:
Consider and act upon 1) a professional services agreement between the Town of Prosper and
Brown Reynolds Watford Inc., for the design of the parks maintenance building and 2) a
resolution authorizing the Town Manager to execute the same.
Description of Agenda Item:
BRW was contacted to provide a proposal (see attached) for professional services to assist with
the bid specification for the construction of the Parks Division maintenance structure. The
services include the following:
1. Proposal preparation
o Coordinate Prosper’s “front end” bidding document, included RFP.
o Establish proposer’s evaluation criteria
o Coordinate Prosper contract form and bonding / insurance requirements
o Integrate Town general and special conditions of construction
o Develop technical drawings and specifications
Bldg. Code analysis
Architectural Plans
Structural Details – Design-builder will provide a structural engineer as
the engineer-of-record.
Mechanical / Electrical design criteria, including service entrance
requirements.
o Establish bid alternates
o Establish voluntary alternates
2. Bidding assistance / Including proposal evaluations
o Pre-bid meeting
o Review proposals and make recommendation
These services would be a maximum of $15,900 including direct expenses and reimbursables
with the construction design limit goal of $200,000 for the construction.
Budget Impact:
2008 Bond Funds will be utilized to for the professional design services.
PARKS &
RECREATION
Page 2 of 2
Legal Obligations and Review:
Legal has reviewed the Town’s standard professional services agreement.
Attached Documents:
1. Professional Services Agreement
2. Site Plan
3. Preliminary Building Plan and Elevations
4. Resolution
Town Staff Recommendation:
Town staff recommends the Town Council 1) approve the professional services contract in the
amount of $15,900 with Brown Reynolds Watford, Inc. and 2) adopt a resolution authorizing the
Town Manager to execute the same.
Town of Prosper, Texas – Professional Services Agreement Page 1 of 32
AGREEMENT
BETWEEN
THE TOWN OF PROSPER, TEXAS (TOWN)
AND
BROWN REYNOLDS WATFORD ARCHITECTS, INC. (CONSULTANT)
FOR
ARCHITECTURAL
DESIGN SERVICES
Made as of the 13th day of December in the year Two Thousand Eleven:
BETWEEN the Town: The Town of Prosper, Texas
P.O. Box 307
Prosper, Texas 75078
Telephone: (972) 346-2640
Facsimile: (972) 346-9335
and the Consultant: Brown Reynolds Watford Architects, Inc.
3535 Travis Street, Suite 250
Dallas, TX 75204
Telephone: (214)528-8704
Facsimile: (214)528-8707
for the following Project: Design & Bid Documents for Maintenance Structure
The Town and the Consultant agree as set forth below.
THIS AGREEMENT is made and entered by and between the Town of Prosper,
Texas, a Home-Rule Municipal Corporation, hereinafter referred to as “Town,” and
Brown Reynolds Watford Architects, Inc, hereinafter referred to as “Consultant,” to
be effective from and after the date as provided herein, hereinafter referred to as
“Agreement.”
WHEREAS, the Town desires to engage the services of the Consultant to design
and/or prepare construction documents for a design and bid documents for a
maintenance structure in Frontier Park, hereinafter referred to as “Project;” and
Town of Prosper, Texas – Professional Services Agreement Page 2 of 32
WHEREAS, the Consultant desires to render such professional architectural
services for the Town upon the terms and conditions provided herein.
NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS:
That for and in consideration of the covenants contained herein, and for the mutual
benefits to be obtained hereby, the parties agree as follows:
ARTICLE 1
CONSULTANT’S SERVICES
1.1 Employment of the Consultant – The Town hereby agrees to retain the
Consultant to perform professional engineering services in connection with the
Project. Consultant agrees to perform such services in accordance with the
terms and conditions of this Agreement. Consultant further agrees that if any
employee of the Consultant, who is performing the day-to-day services under this
Agreement for the Project, is separated, for any reason, from employment with
the Consultant, the Consultant shall notify, in writing, a minimum of five (5)
business days prior to said separation unless circumstances reasonably warrant
a shorter notice period which shall not exceed two (2) business days following
the separation.
1.2 Scope of Services – The parties agree that Consultant shall perform such
services as are set forth and described in Exhibit “A,” which is attached hereto
and incorporated herein by reference for all purposes. The parties understand
and agree that deviations or modifications to the scope of services described in
Exhibit “A,” in the form of written change orders, may be authorized from time to
time by the Town.
1.2.1 Requirement of Written Change Order – “Extra” work, or “claims”
invoiced as “extra” work, or “claims” which have not been issued as a duly
executed, written change order by the Prosper Town Manager, will not be
authorized for payment and/or shall not become part of the subcontracts.
A duly executed written change order shall be preceded by the Town of
Prosper Town Council’s authorization for the Prosper Town Manager to
execute said change order.
1.2.2 DO NOT PERFORM ANY EXTRA WORK AND/OR ADDITIONAL
SERVICES WITHOUT A DULY EXECUTED WRITTEN CHANGE ORDER
ISSUED BY THE PROSPER TOWN MANAGER. Project Managers,
Superintendents, and/or Inspectors of the Town are not authorized to
issue verbal or written change orders.
1.3 Schedule of Work – The Consultant agrees to commence work immediately
upon the execution of this Agreement, and to proceed diligently with said work to
completion as described in the Compensation Schedule / Project Billing / Project
Budget attached hereto as Exhibit “B” and incorporated herein by reference for
Town of Prosper, Texas – Professional Services Agreement Page 3 of 32
all purposes, but in no event shall the Project be completed any later than
January, 31st, 2012.
ARTICLE 2
THE TOWN’S RESPONSIBILITIES
Town shall do the following in a timely manner so as not to delay the services of
Consultant:
2.1 Project Data – The Town shall furnish required information, that it currently has
in its possession, as expeditiously as necessary for the orderly progress of the
work, and the Consultant shall be entitled to rely upon the accuracy and
completeness thereof.
2.2 Town Project Manager – The Town shall designate, when necessary, a
representative authorized to act on the Town’s behalf with respect to the Project
(the “Project Manager”). The Town or such authorized representative shall
examine the documents submitted by the Consultant and shall render any
required decisions pertaining thereto as soon as practicable so as to avoid
unreasonable delay in the progress of the Consultant’s services. The Project
Manager is not authorized to issue verbal or written change orders for “extra”
work or “claims” invoiced as “extra” work.
ARTICLE 3
CONSULTANT’S COMPENSATION
3.1 Compensation for Consultant’s Services – As described in “Article 1,
Consultant’s Services,” compensation for this Project shall be on a Lump Basis,
for an amount not to exceed Fifteen-Thousand Nine Hundred Dollars and No
Cents ($15,900.00), (“Consultant’s Fee”) and shall be paid in accordance with
Article 3 and the Compensation Schedule / Project Billing / Project Budget as set
forth in Exhibit “B.”
3.1.1 Completion of Record Documents – Town and Consultant agree that
the completion of the Record Documents and/or “As-Built” Documents,
including hard copy formatting and electronic formatting, shall be
completed, submitted to, and accepted by the Town prior to payment of
the final five percent (5%) of the Consultant’s Fee, or Seven Hundred
Ninety Five Dollars and No Cents ($ 795.00). The electronic formatting
shall be consistent with the standards established in Exhibit “C,” Town of
Prosper Guidelines for Computer Aided Design and Drafting (“CADD”).
Completion of the Record Documents and/or “As-Built” documents shall
be included in the Consultant’s Fee and considered to be within the Scope
of Services defined under this Agreement.
Town of Prosper, Texas – Professional Services Agreement Page 4 of 32
3.1.2 Disputes between Town and Construction Contractor – If the Project
involves the Consultant performing Construction Administration Services
relating to an agreement between a Construction Contractor (the
“Contractor”) and the Town, and upon receipt of a written request by
Town, Consultant shall research previous and existing conditions of the
Project, and make a determination whether or not to certify that sufficient
cause exists for the Town to declare the Contractor in default of the terms
and conditions of the agreement. Consultant shall submit his findings in
writing to the Town, or submit a written request for a specific extension of
time (including the basis for such extension), within fifteen (15) calendar
days of receipt of the written request from the Town. Town and
Consultant agree that if requested by the Town, completion of this task
shall be included in the Consultant’s Fee and considered to be within the
Scope of Services as defined under this Agreement.
3.1.3 Consultation and Approval by Governmental Authorities and
Franchised Utilities – Consultant shall be responsible for identifying and
analyzing the requirements of governmental agencies and all franchise
utilities involved with the Project, and to participate in consultation with
said agencies in order to obtain all necessary approvals and/or
permissions. The Consultant shall be responsible for preparation and
timely submittal of documents required for review, approval, and/or
recording by such agencies. The Consultant shall be responsible for
making such changes in the Construction Documents as may be required
by existing written standards promulgated by such agencies at no
additional charge to Town.
3.1.4 Substantial Compliance with Architectural Barriers Act – Should the
Project fall within the regulatory requirements of the Texas Architectural
Barriers Act, Chapter 68 Texas Administrative Code , as it exists or may
be amended (the “Barriers Act”), as solely determined by the Town,
Consultant shall comply with the Barriers Act. As part of the Scope of
Services defined in this Agreement, it is the sole responsibility of the
Consultant to identify and analyze the requirements of the Barriers Act
and to become familiar with the governmental authorities having
jurisdiction to approve the design of the Project. Consultant shall
participate in consultations with said authorities in order to obtain approval
for the Project. As part of the services provided under the Consultant’s
Fee, the Consultant shall obtain the Notice of Substantial Compliance for
the Project from the Texas Department of Licensing and Regulation (the
“TDLR”). The Consultant shall, without additional compensation,
immediately correct any errors, omissions, or deficiencies in the design
services and/or construction documents identified by TDLR and/or a
Registered Accessibility Specialist (“RAS”) at any phase of the Project,
either by review of the construction documents, or inspection of the
Town of Prosper, Texas – Professional Services Agreement Page 5 of 32
Project at the commencement of construction, during the construction of
the Project, or at the completion of construction.
3.1.4.1 Submission of Construction Documents to TDLR – The
Consultant shall mail, ship, or hand-deliver the construction
documents to TDLR not later than five (5) calendar days after
the Consultant issues the construction documents for the
Project.
3.1.4.2 Completion of Registration Form to TDLR – Consultant shall
complete an Elimination of Barriers Project Registration Form
(The “Form”) for each subject building or facility within the
Scope of the Project, and submit the registration form(s) along
with the applicable fees not later than fourteen (14) calendar
days after the Consultant completes the submittal of the
construction documents to TDLR.
3.1.4.3 TDLR Approval of Construction Documents – After review of
the construction documents by TDLR, the Consultant shall be
notified in writing of the results; however, it is the Consultant’s
responsibility to obtain TDLR’s written comments. The
Consultant shall address all comments that prevent TDLR
approval of the construction documents, including comments
relating to Conditional Approval that must be addressed in the
design and construction of the Project. Consultant shall
resubmit construction documents to TDLR for review prior to the
completion of construction of the Project.
3.1.4.4 TDLR Project Inspection – Consultant shall request an
inspection from TDLR or a TDLR locally approved RAS no later
than thirty (30) calendar days after the completion of
construction of the Project. The Consultant shall advise the
Town in writing of the results of each Project inspection. Town
reserves the right to verify the written results with TDLR at any
time during design, construction, or at the completion of the
Project.
3.1.4.5 Corrective Modifications following TDLR Project Inspection
When corrective modifications to achieve substantial
compliance are required, the TDLR inspector or the RAS shall
provide the Consultant a list of deficiencies and a deadline for
completing the modifications. Consultant shall provide the
Town with this list within five (5) calendar days of receipt. It is
the sole responsibility of the Consultant to completely address
the deficiencies by the stated deadline or to obtain a written
notice of extension from the TDLR. When the corrective
Town of Prosper, Texas – Professional Services Agreement Page 6 of 32
measures have been completed, Consultant shall provide the
TDLR (and/or the RAS who completed the inspection) and the
Town with written verification of the corrective measures
completed.
3.1.4.6 TDLR Notice of Substantial Compliance – TDLR shall provide
a Notice of Substantial Compliance to the Town after the newly
constructed Project has had a satisfactory inspection, or
Consultant has submitted verification of corrective modifications.
Town and Consultant agree that the final five percent (5%) of
Consultant’s Fee, or Seven Hundred Ninety Five Dollars and No
Cents ($ 795.00) shall not be paid until the Town is in receipt of
the TDLR’s Notice of Substantial Compliance for all Project
components and/or phases of the Project.
3.2 Direct Expenses – Direct Expenses are included in the Consultant’s Fee as
described in Article 3.1 and include actual reasonable and necessary
expenditures made by the Consultant and the Consultant’s employees and
subcontractors in the interest of the Project. All submitted Direct Expenses are to
be within the amounts as stated in the Compensation Schedule / Project Billing /
Project Budget set forth in Exhibit “B,” and consistent with Exhibit “D,” Town of
Prosper Guidelines for Direct Expenses; General and Administrative Markup;
Travel and Subsistence Expenses. The Consultant shall be solely responsible
for the auditing and accuracy of all Direct Expenses, including those of its
subcontractors, prior to submitting to the Town for reimbursement, and shall be
responsible for the accuracy thereof. Any over-payment by the Town for errors in
submittals for reimbursement may be deducted from the Consultant’s
subsequent payment for services; provided, however this shall not be the Town’s
sole and exclusive remedy for said over-payment.
3.3 Additional Services – The Consultant shall provide the services as described in
the Scope of Services as set forth in Exhibit “A” of this Agreement. If authorized
in writing by the Town, the Consultant shall provide additional services, to be
compensated on an hourly basis in accordance with this paragraph (“Additional
Services”). These services may include, but are not limited to:
3.3.1 Additional meetings, hearings, work-sessions, or other similar
presentations which are not provided for or contemplated in the Scope of
Services described in Exhibit “A.”
3.3.2 Additional drafts and revisions to the Project which are not provided for or
contemplated in the Scope of Services as described in Exhibit “A.”
3.3.3 Additional copies of final reports and construction plans which are not
provided for or contemplated in the Scope of Services as described in
Exhibit “A.”
Town of Prosper, Texas – Professional Services Agreement Page 7 of 32
3.3.4 Photography, professional massing models which are not provided for or
contemplated in the Scope of Services as described in Exhibit “A.”
3.3.5 Compensation for Additional Services authorized by the Town shall be in
addition to the Consultant’s Fee and shall be based on direct billable labor
rates and expenses.
3.3.6 Compensation for Additional Services authorized by the Town shall be in
addition to the Consultant’s Fee and shall be based on an hourly basis
according to the following personnel rates. The rates set forth in this chart
are subject to reasonable change provided prior written notice of said
change is given to Town.
Hourly Billable Rates by Position
Position Hourly Rate
TMB Click Engineers
Town of Prosper, Texas – Professional Services Agreement Page 8 of 32
Reed Well Benson Engineers
3.4 Invoices – No payment to Consultant shall be made until the Consultant tenders
an invoice to the Town. The Consultant shall submit monthly invoices for
services rendered, based upon the actual percentage of work complete at the
time the invoice is prepared, or are to be mailed to Town immediately upon
completion of each individual task listed in Exhibit “B.” On all submitted invoices
for services rendered and work completed on a monthly basis, Consultant shall
include appropriate background materials to support the submitted charges on
said invoice. Such background material shall include, but is not limited to,
employee timesheets, invoices for work obtained from other parties, and receipts
and/or log information relating to Direct Expenses. All invoices for payment shall
provide a summary methodology for administrative markup and/or overhead
charges.
3.5 Timing of Payment – Town shall make payment to Consultant for said invoices
within thirty (30) days following receipt and acceptance thereof. The parties
agree that payment by Town to Consultant is considered to be complete upon
mailing of payment by Town. Furthermore, the parties agree that the payment is
considered to be mailed on the date that the payment is postmarked.
3.6 Disputed Payment Procedures – In the event of a disputed or contested billing
by Town, only that portion so contested may be withheld from payment, and the
undisputed portion will be paid. Town shall notify Consultant of a disputed
invoice, or portion of an invoice, in writing by the twenty-first (21st) calendar day
after the date the Town receives the invoice. Town shall provide Consultant an
opportunity to cure the basis of the dispute. If a dispute is resolved in favor of the
Consultant, Town shall proceed to process said invoice, or the disputed portion
of the invoice, within the provisions of Article 3.5. If a dispute is resolved in favor
of the Town, Consultant shall submit to Town a corrected invoice, reflecting any
and all payment(s) of the undisputed amounts, documenting the credited
amounts, and identifying outstanding amounts on said invoice to aid Town in
Town of Prosper, Texas – Professional Services Agreement Page 9 of 32
processing payment for the remaining balance. Such revised invoice shall have
a new invoice number, clearly referencing the previous submitted invoice. Town
agrees to exercise reasonableness in contesting any billing or portion thereof that
has background materials supporting the submitted charges.
3.7 Failure to Pay – Failure of the Town to pay an invoice, for a reason other than
upon written notification as stated in the provisions of Article 3.6 to the
Consultant within sixty (60) days from the date of the invoice shall grant the
Consultant the right, in addition to any and all other rights provided, to, upon
written notice to the Town, suspend performance under this Agreement, and
such act or acts shall not be deemed a breach of this Agreement. However,
Consultant shall not suspend performance under this Agreement prior to the
tenth (10th) calendar day after written notice of suspension was provided to
Town, in accordance with Chapter 2251, Subchapter “D” (“Remedy for
Nonpayment”) of the Texas Government Code. The Town shall not be required
to pay any invoice submitted by the Consultant if the Consultant breached any
provision(s) herein.
3.8 Adjusted Compensation – If the Scope of the Project or if the Consultant’s
services are materially changed due to no error on behalf of Consultant in the
performance of services under this Agreement, the amounts of the Consultant’s
compensation shall be equitably adjusted as approved by Town. Any additional
amounts paid to the Consultant as a result of any material change to the Scope
of the Project shall be authorized by written change order duly executed by both
parties before the services are performed.
3.9 Project Suspension – If the Project is suspended or abandoned in whole or in
part for more than three (3) months, Consultant shall be entitled to compensation
for any and all work completed to the satisfaction of Town in accordance with the
provisions of this Agreement prior to suspension or abandonment. In the event
of such suspension or abandonment, Consultant shall deliver to Town all finished
or unfinished documents, data, studies, drawings, maps, models, reports,
photographs, and/or any other items prepared by Consultant in connection with
this Agreement prior to Consultant receiving final payment. If the Project is
resumed after being suspended for more than three (3) months, the Consultant’s
compensation shall be equitably adjusted as approved by the Town. Any
additional amounts paid to the Consultant after the Project is resumed shall be
agreed upon in writing by both parties before the services are performed.
ARTICLE 4
OWNERSHIP OF DOCUMENTS
4.1 Documents Property of the Town – The Project is the property of the Town,
and Consultant may not use the documents, plans, data, studies, surveys,
drawings, maps, models, reports, photographs, and/or any materials for any
other purpose not relating to the Project without Town’s prior written consent.
Town of Prosper, Texas – Professional Services Agreement Page 10 of 32
Town shall be furnished with such reproductions of the Project, plans, data,
documents, maps, and any other information as defined in Exhibit “A.” Upon
completion of the work, or any earlier termination of this Agreement under Article
3 and/or Article 8, Consultant will revise plans, data, documents, maps, and any
other information as defined in Exhibit “A” to reflect changes while working on the
Project through the date of completion of the work, as solely determined by
Town, or the effective date of any earlier termination of this Agreement under
Article 3 and/or Article 8, and promptly furnish the same to the Town in an
acceptable electronic format. All such reproductions shall be the property of the
Town who may use them without the Consultant’s permission for any purpose
relating to the Project, including, but not limited to, completion of the Project,
and/or additions, alterations, modifications, and/or revisions to the Project. Any
reuse of the documents not relating to the Project shall be at the Town’s own
risk.
4.2 Documents Subject to Laws Regarding Public Disclosure – Consultant
acknowledges that Town is a governmental entity and that all documents, plans,
data, studies, surveys, drawings, maps, models, reports, photographs, and/or
any items prepared or furnished by Consultant (and Consultant’s professional
associates and/or Sub-consultants) under this Agreement are instruments of
service in respect of the Project and property of the Town and upon completion
of the Project shall thereafter be subject to the Texas Public Information Act
(Texas Government Code, Chapter 552) and any other applicable laws requiring
public disclosure of the information contained in said documents.
ARTICLE 5
CONSULTANT’S INSURANCE REQUIREMENTS
5.1 Required General Liability Insurance – Consistent with the terms and
provisions of Exhibit “E,” Town of Prosper Contractor Insurance Guidelines,
Consultant shall maintain, at no expense to Town, a general liability insurance
policy with a company that maintains a minimum rating of “A” by A.M. Best’s Key
Rating Guide, or other equivalent rating service(s), authorized to transact
business in the State of Texas, in an amount not less than One Million and
00/100 Dollars ($1,000,000.00) for each occurrence, and Two Million and 00/100
Dollars ($2,000,000.00) in the aggregate. Such policy shall name the Town, its
officers, agents, representatives, and employees as additional insured as to all
applicable coverage. Such policy shall provide for a waiver of subrogation
against the Town for injuries, including death, property damage, or any other loss
to the extent that same is covered by the proceeds of the insurance. Such policy
shall require the provision of written notice to Town at least thirty (30) days prior
to cancellation, non-renewal, or material modification of any policies, evidenced
by return receipt or United States Certified Mail. Consultant shall furnish Town
with certificates evidencing such coverage prior to commencing work on the
Project.
Town of Prosper, Texas – Professional Services Agreement Page 11 of 32
5.2 Required Professional Liability Insurance – Consistent with the terms and
provisions of Exhibit “E,” Town of Prosper Contractor Insurance Guidelines,
Consultant shall maintain, at no expense to Town, a professional liability (errors
and omissions) insurance policy with a company that maintains a minimum rating
of “A” by A.M. Best’s Key Rating Guide, or other equivalent rating service(s),
authorized to transact business in the State of Texas, in an amount not less than
One Million and 00/100 Dollars ($1,000,000.00) for each claim, and Two Million
and 00/100 Dollars ($2,000,000.00) in the aggregate. Such policy shall require
the provision of written notice to Town at least thirty (30) days prior to
cancellation, non-renewal, or material modification of any policies, evidenced by
return receipt or United States Certified Mail. Consultant shall furnish Town with
certificates evidencing such coverage prior to commencing work on the Project.
5.3 Required Workers Compensation Insurance – Consistent with the terms and
provisions of Exhibit “E,” Town of Prosper Contractor Insurance Guidelines,
Consultant shall maintain, at no expense to Town, all Statutory Workers
Compensation Insurance as required by the laws of the State of Texas. Such
insurance policy shall be with a company that maintains a minimum rating of “A”
by A.M. Best’s Key Rating Guide, or other equivalent service(s), and authorized
to transact business in the State of Texas. Such policy shall require the provision
of written notice to Town at least thirty (30) days prior to cancellation, non-
renewal, or material modification of any policies, evidenced by return receipt or
United States Certified Mail. Consultant shall furnish Town with certificates
evidencing such coverage prior to commencing work on the Project.
5.4 Circumstances Requiring Umbrella Coverage or Excess Liability Coverage
– If Project size and scope warrant, and if identified on the checklist located in
Exhibit “E,” Town of Prosper Contractor Insurance Guidelines, Consultant shall
maintain, at no expense to the Town, an umbrella coverage or excess liability
coverage insurance policy with a company that maintains a minimum rating of “A”
by A.M. Best’s Key Rating Guide, or other equivalent rating service(s), authorized
to transact business in the State of Texas, in an amount of Two Million and
00/100 Dollars ($2,000,000.00). Such policy shall require the provision of written
notice to the Town at least thirty (30) days prior to cancellation, non-renewal, or
material modification of any policies, evidenced by return receipt or United States
Certified Mail. Consultant shall furnish Town with certificates evidencing such
coverage prior to commencing work on the Project.
ARTICLE 6
CONSULTANT’S ACCOUNTING RECORDS
Records of Direct Expenses and expenses pertaining to services performed in
conjunction with the Project shall be kept on the basis of generally accepted accounting
principles. Invoices will be sent to the Town as indicated in Article 3.4. Copies of
employee time sheets, receipts for direct expense items and other records of Project
expenses will be included in the monthly invoices.
Town of Prosper, Texas – Professional Services Agreement Page 12 of 32
ARTICLE 7
AUDITS AND RECORDS / PROHIBITED INTEREST / VENDOR DISCLOSURE
The Consultant agrees that at any time during normal business hours and as often as
the Town may deem necessary, Consultant shall make available to representatives of
the Town for examination all of its records with respect to all matters covered by this
Agreement, and will permit such representatives of the Town to audit, examine, copy
and make excerpts or transcripts from such records, and to make audits of all contracts,
invoices, materials, payrolls, records of personnel, conditions of employment and other
data relating to all matters covered by this Agreement, and for a period of four (4) years
from the date of final settlement of this Agreement or for such other or longer period, if
any, as may be required by applicable statute or other lawful requirement.
The Consultant agrees that it is aware of the prohibited interest requirement of the Town
Charter, which is repeated on the Affidavit, attached hereto as Exhibit “F” and
incorporated herein for all purposes, and will abide by the same. Further, a lawful
representative of Consultant shall execute the Affidavit attached hereto as Exhibit “F.”
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 “G” and incorporated
herein for all purposes.
ARTICLE 8
TERMINATION OF AGREEMENT / REMEDIES
Town may, upon thirty (30) days written notice to Consultant, terminate this Agreement,
for any reason or no reason at all, before the termination date hereof, and without
prejudice to any other remedy it may have. If Town terminates this Agreement due to a
default of and/or breach by Consultant and the expense of finishing the Project exceeds
the Consultant’s Fee at the time of termination, Consultant waives its right to any portion
of Consultant’s Fee as set forth in Article 3 herein and agrees to pay any costs over and
above the fee which the Town is required to pay in order to finish the Project. On any
default and/or breach by Consultant, Town may elect not to terminate the Agreement,
and in such event it may make good the deficiency in which the default consists, and
deduct the costs from the Consultant’s Fee due Consultant as set forth in Article 3
herein. If Town terminates this Agreement and Consultant is not in default of the
Agreement, Consultant shall be entitled to compensation for any and all work completed
to the satisfaction of the Town in accordance with the provisions of this Agreement prior
to termination.
Town of Prosper, Texas – Professional Services Agreement Page 13 of 32
In the event of any termination, Consultant shall deliver to Town all finished and/or
unfinished documents, data, studies, surveys, drawings, maps, models, reports,
photographs and/or any items prepared by Consultant in connection with this
Agreement prior to Consultant receiving final payment.
The rights and remedies provided by this Agreement are cumulative, and the use of any
one right or remedy by either party shall not preclude or waive its rights to use any or all
other remedies. These rights and remedies are given in addition to any other rights the
parties may have by law, statute, ordinance, or otherwise.
ARTICLE 9
DISPUTE RESOLUTION / MEDIATION
In addition to all remedies at law, the parties may resolve/mediate any controversy,
claim or dispute arising out of or relating to the interpretation or performance of this
Agreement, or breach thereof, by voluntary mediation to be conducted by a mutually
acceptable mediator.
ARTICLE 10
INDEMNITY
CONSULTANT SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS TOWN
AND ITS TOWN COUNCIL MEMBERS, OFFICERS, AGENTS , REPRESENTATIVES AND
EMPLOYEES FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH),
CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), LOSSES, DEMANDS,
SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES AND
EXPENSES (INCLUDING ATTORNEY’S FEES AND EXPENSES INCURRED IN
ENFORCING THIS INDEMNITY), TO THE EXTENT CAUSED, IN WHOLE OR IN PART, BY
THE NEGLIGENT, GROSSLY NEGLIGENT, AND/OR INTENTIONAL WRONGFUL ACT
AND/OR OMISSION OF CONSULTANT, ITS OFFICERS, AGENTS, REPRESENTATIVES,
EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES OR ANY OTHER THIRD
PARTIES FROM WHOM CONSULTANT IS LEGALLY RESPONSBILE, IN ITS/THEIR
PERFORMANCE OF THIS AGREEMENT AND/OR ARISING OUT OF GOODS AND/OR
SERVICES PROVIDED BY CONSULTANT PURSUANT TO THIS AGREEMENT,
REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY
OF THE TOWN (HEREINAFTER “CLAIMS”). THIS INDEMNIFICATION PROVISION AND
THE USE OF THE TERM “CLAIMS” IS ALSO SPECIFICALLY INTENDED TO APPLY TO,
BUT NOT LIMITED TO, ANY AND ALL CLAIMS, WHETHER CIVIL OR CRIMINAL,
BROUGHT AGAINST TOWN BY ANY GOVERNMENT AUTHORITY OR AGENCY RELATED
TO ANY PERSON PROVIDING SERVICES UNDER THIS AGREEMENT THAT ARE BASED
Town of Prosper, Texas – Professional Services Agreement Page 14 of 32
ON ANY FEDERAL IMMIGRATION LAW AND ANY AND ALL CLAIMS, DEMANDS,
DAMAGES, ACTIONS AND CAUSES OF ACTION OF EVERY KIND AND NATURE, KNOWN
AND UNKNOWN, EXISTING OR CLAIMED TO EXIST, RELATING TO OR ARISING OUT OF
ANY EMPLOYMENT RELATIONSHIP BETWEEN CONSULTANT AND ITS EMPLOYEES OR
SUBCONTRACTORS AS A RESULT OF THAT SUBCONTRACTOR’S OR EMPLOYEE’S
EMPLOYMENT AND/OR SEPARATION FROM EMPLOYMENT WITH THE CONSULTANT,
INCLUDING BUT NOT LIMITED TO ANY DISCRIMINATION CLAIM BASED ON SEX,
SEXUAL ORIENTATION OR PREFERENCE, RACE, RELIGION, COLOR, NATIONAL
ORIGIN, AGE OR DISABILITY UNDER FEDERAL, STATE OR LOCAL LAW, RULE OR
REGULATION, AND/OR ANY CLAIM FOR WRONGFUL TERMINATION, BACK PAY,
FUTURE WAGE LOSS, OVERTIME PAY, EMPLOYEE BENEFITS, INJURY SUBJECT TO
RELIEF UNDER THE WORKERS’ COMPENSATION ACT OR WOULD BE SUBJECT TO
RELIEF UNDER ANY POLICY FOR WORKERS COMPENSATION INSURANCE, AND ANY
OTHER CLAIM, WHETHER IN TORT, CONTRACT OR OTHERWISE. CONSULTANT IS
EXPRESSLY REQUIRED TO DEFEND TOWN AGAINST ALL SUCH CLAIMS; PROVIDED,
HOWEVER, IF A COURT OF COMPETENT JURISDICTION SIGNS A JUDGMENT THAT
BECOMES FINAL AND NON-APPEALABLE, DETERMINING THAT THE TOWN (WITHOUT
WAIVING ANY GOVERNMENTAL IMMUNITY) HAS JOINT, CONCURRENT OR SOLE
NEGLIGENCE FOR THE CLAIMS, IN ACCORDANCE WITH THE LAWS OF THE STATE OF
TEXAS (THE “JUDGMENT”), THEN CONSULTANT IS NOT REQUIRED TO INDEMNIFY
OR DEFEND THE TOWN TO THE EXTENT OF THE NEGLIGENCE APPORTIONED TO THE
TOWN FOR EACH CAUSE(S) OF ACTION IDENTIFIED IN THE JUDGMENT. IN THE
EVENT THE JUDGMENT PROVIDES THAT TOWN IS JOINTLY, CONCURRENTLY, OR
SOLELY NEGLIGENT FOR THE CLAIMS REFERRED TO THEREIN, TOWN AGREES TO
REIMBURSE CONSULTANT FOR ALL REASONABLE AND NECESSARY COSTS
INCURRED AND PAID BY CONSULTANT THAT ARE ATTRIBUTABLE TO TOWN’S
PERCENTAGE OF JOINT, CONCURRENT, OR SOLE NEGLIGENCE, AS SET FORTH IN
THE JUDGMENT, INCLUDING REASONABLE AND NECESSARY ATTORNEY’S FEES
AND EXPENSES, TO CONSULTANT WITHIN SIXTY (60) DAYS OF THE DATE OF THE
JUDGMENT (THE “REIMBURSEMENT ALLOCATION”).
IN ITS SOLE DISCRETION, TOWN SHALL HAVE THE RIGHT TO APPROVE OR SELECT
DEFENSE COUNSEL TO BE RETAINED BY CONSULTANT IN FULFILLING ITS
OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY TOWN, UNLESS SUCH RIGHT
IS EXPRESSLY WAIVED BY TOWN IN WRITING. TOWN RESERVES THE RIGHT TO
PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, TOWN IS UNDER NO
Town of Prosper, Texas – Professional Services Agreement Page 15 of 32
OBLIGATION TO DO SO. ANY SUCH ACTION BY TOWN IS NOT TO BE CONSTRUED AS
A WAIVER OF CONSULTANT’S OBLIGATION TO DEFEND TOWN OR AS A WAIVER OF
CONSULTANT’S OBLIGATION TO INDEMNIFY TOWN PURSUANT TO THIS
AGREEMENT. CONSULTANT SHALL RETAIN TOWN-APP ROVED DEFENSE COUNSEL
WITHIN SEVEN (7) BUSINESS DAYS OF TOWN’S WRITTEN NOTICE THAT TOWN IS
INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF
CONSULTANT FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD, TOWN SHALL
HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND
CONSULTANT SHALL BE LIABLE FOR ALL COSTS INCURRED BY TOWN. THE RIGHTS
AND OBLIGATIONS CREATED BY THIS PARAGRAPH SHALL SURVIVE TERMINATION
OF THIS AGREEMENT.
ARTICLE 11
NOTICES
Consultant agrees that all notices or communications to Town permitted or required
under this Agreement shall be delivered to Town at the following addresses:
Mike Land
Town Manager
Town of Prosper
P.O. Box 307
Prosper, Texas 75078
Town agrees that all notices or communication to Consultant permitted or required
under this Agreement shall be delivered to Consultant at the following addresses:
Brown Reynolds Watford Architects, Inc.
3535 Travis Street, Suite 250
Dallas, TX 75204
Any notice provided in writing under the terms of this Agreement by either party to the
other shall be in writing and may be effected by registered or certified mail, return
receipt requested.
All notices or communication required to be given in writing by one party or the other
shall be considered as having been given to the addressee on the date such notice or
communication is postmarked by the sending party. Each party may change the
address to which notice may be sent to that party by giving notice of such change to the
other party in accordance with the provisions of this Agreement.
Town of Prosper, Texas – Professional Services Agreement Page 16 of 32
ARTICLE 12
MISCELLANEOUS
12.1 Complete Agreement – This Agreement, including the exhibits hereto labeled
“A” through “G,” all of which are incorporated herein for all purposes, constitute
the entire Agreement by and between the parties regarding the subject matter
hereof and supersedes all prior and/or contemporaneous written and/or oral
understandings. This Agreement may not be amended, supplemented, and/or
modified except by written agreement duly executed by both parties. The
following exhibits are attached below and made a part of this Agreement:
12.1.1 Exhibit “A,” Scope of Services.
12.1.2 Exhibit “B,” Compensation Schedule / Project Billing / Project Budget.
12.1.3 Exhibit “C,” Town of Prosper Guidelines for Computer Aided Design and
Drafting (CADD).
12.1.4 Exhibit “D,” Town of Prosper Guidelines for Direct Expenses; General
and Administrative Markup; Travel and Subsistence Expenses.
12.1.5 Exhibit “E,” Town of Prosper Contractor Insurance Guidelines.
12.1.7 Exhibit “F,” Affidavit.
12.1.8 Exhibit “G,” Conflict of Interest Questionnaire, Form CIQ.
12.2 Assignment and Subletting – The Consultant agrees that neither this
Agreement nor the work to be performed hereunder will be assigned or sublet
without the prior written consent of the Town. The Consultant further agrees that
the assignment or subletting of any portion or feature of the work or materials
required in the performance of this Agreement shall not relieve the Consultant of
its full obligations to the Town as provided by this Agreement. All such approved
work performed by assignment or subletting shall be billed through Consultant,
and there shall be no third party billing.
12.3 Successors and Assigns – Town and Consultant, and their partners, assigns,
successors, subcontractors, executors, officers, agents, employees,
representatives, and administrators are hereby bound to the terms and
conditions of this Agreement.
12.4 Severability – In the event of a term, condition, or provision of this Agreement is
determined to be invalid, illegal, void, unenforceable, or unlawful by a court of
competent jurisdiction, then that term, condition, or provision, shall be deleted
and the remainder of the Agreement shall remain in full force and effect as if
Town of Prosper, Texas – Professional Services Agreement Page 17 of 32
such invalid, illegal, void, unenforceable or unlawful provision had never been
contained herein.
12.5 Venue – This entire Agreement is performable in Collin County, Texas and the
venue for any action related directly or indirectly, to this Agreement or in any
manner connected therewith shall be in Collin County, Texas, and this
Agreement shall be construed under the laws of the State of Texas.
12.6 Execution / Consideration – This Agreement is executed by the parties hereto
without coercion or duress for any substantial consideration, the sufficiency of
which is forever confessed.
12.7 Authority – The individuals executing this Agreement on behalf of the respective
parties below represent to each other that all appropriate and necessary action
has been taken to authorize the individual who is executing this Agreement to do
so for and on behalf of the party for which his or her signature appears, that there
are no other parties or entities required to execute this Agreement in order for the
same to be an authorized and binding agreement on the other party for whom the
individual is signing this Agreement and that each individual affixing his or her
signature hereto is authorized to do so, and such authorization is valid and
effective on the date hereof.
12.8 Waiver – Waiver by either party of any breach of this Agreement, or the failure of
either party to enforce any of the provisions of this Agreement, at any time, shall
not in any way affect, limit, or waive such party’s right thereafter to enforce and
compel strict compliance.
12.9 Headings – The headings of the various sections of this Agreement are included
solely for convenience of reference and are not to be full or accurate descriptions
of the content thereof.
12.10 Multiple Counterparts – This Agreement may be executed in a number of
identical counterparts, each of which shall be deemed an original for all
purposes.
12.11 Sovereign Immunity – The parties agree that the Town has not waived its
sovereign immunity by entering into and performing its obligations under this
Agreement.
12.12 Additional Representations – Each signatory represents this Agreement has
been read by the party for which this Agreement is executed and that such party
has had the opportunity to confer with its counsel.
12.13 Miscellaneous Drafting Provisions – This Agreement shall be deemed drafted
equally by all parties hereto. The language of all parts of this Agreement shall be
construed as a whole according to its fair meaning, and any presumption or
Town of Prosper, Texas – Professional Services Agreement Page 18 of 32
principle that the language herein is to be construed against any party shall not
apply.
12.14 No Third Party Beneficiaries - Nothing in this Agreement shall be construed to
create any right in any third party not a signatory to this Agreement, and the
parties do not intend to create any third party beneficiaries by entering into this
Agreement.
12.15 Indemnity – The parties agree that the Indemnity provision set forth in Article 10
herein is conspicuous and the parties have read and understood the same.
IN WITNESS WHEREOF, the parties have executed this Agreement and caused this
Agreement to be effective on the latest day as reflected by the signatures below.
Effective Date: ________________________________
TOWN CONSULTANT
Town of Prosper, Texas Brown Reynolds Watford Architects, Inc.
By: _____________________________ By: ____________________________
Mike Land Gary DeVries, AIA
Title: _Town Manager________________ Title: __Principal _________________
APPROVED AS TO FORM:
________________________________
Abernathy, Roeder, Boyd, & Joplin, P.C.
Town of Prosper, Texas – Professional Services Agreement Page 19 of 32
STATE OF TEXAS:
COUNTY OF COLLIN:
BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED MIKE LAND,
KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE
FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED
THE SAME FOR THE PURPOSE AND CONSIDERATION EXPRESSED, AND IN THE
CAPACITY THEREIN STATED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS _____ DAY OF
_____________________, 2011.
________________________________________________
NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS
My commission expires: ____________________________
STATE OF TEXAS:
COUNTY OF _______________:
BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED
_____________________________________, KNOWN TO ME TO BE THE PERSON
WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND
ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSE
AND CONSIDERATION EXPRESSED, AND IN THE CAPACITY THEREIN STATED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS _____ DAY OF
______________________, 2011.
________________________________________________
NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS
My commission expires: ____________________________
EXHIBIT “A”
SCOPE OF SERVICES
Town of Prosper, Texas – Professional Services Agreement Page 20 of 32
Agreement by and between the Town of Prosper, Texas (Town)
and Brown Reynolds Watford Architects, Inc. (Consultant)
to perform Architectural Services for Maintenance Structure, Design and Bid
Documents for the bidding of Frontier Park Maintenance Structure
I. PROJECT DESCRIPTION.
II. TASK SUMMARY, BASIC SERVICES.
A. Task One, Proposal Preparation –
o Coordinate Prosper’s “front end” bidding document, included RFP.
o Establish proposer’s evaluation criteria
o Coordinate Prosper contract form and bonding / insurance requirements
o Integrate Town general and special conditions of construction
o Develop technical drawings and specifications
Bldg. Code analysis
Architectural Plans
Structural Details – Design-builder will provide a structural engineer
as the engineer-of-record.
Mechanical / Electrical design criteria, including service entrance
requirements.
o Establish bid alternates
o Establish voluntary alternates
B. Task Two, Bidding Assistance –
o Pre-bid meeting
o Review proposals and make recommendation
C. Task Four, Completion of Record Documents – To be complete and
submitted to Town prior to February 1st, 2012
D. Task Five, TDLR Notice of Substantial Compliance – Consultant is not
responsible for TDLR Notice or Submittals.
III. ITEMS NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES.
A. Additional Services not included in the existing Scope of Services – Town
and Consultant agree that the following services are beyond the Scope of
Services described in the tasks above. However, Consultant can provide these
services, if needed, upon the Town’s written request. Any additional amounts
paid to the Consultant as a result of any material change to the Scope of the
Project shall be agreed upon in writing by both parties before the services are
performed. These Additional Services include the following:
EXHIBIT “A”
SCOPE OF SERVICES
Town of Prosper, Texas – Professional Services Agreement Page 21 of 32
o Provide Brown Reynolds Watford Architects, Inc. with Jacobs Engineering
CAD site survey / plan for maintenance building area.
o Construction administration services
IV. DELIVERABLES.
A. Required Deliverables – At the completion of Tasks 1 through 2, Consultant
shall ensure the delivery of the following products to the Town:
1. Deliverable #1 – Bid Documents
2. Deliverable #2 – Bid Evaluation and Recommendation
V. PROJECT LABOR ALLOCATION.
Task Subtask Labor Hours
TASK 1 Bid Documents
$11,350
TASK 2 Bid Evaluation & Recommendation
$ 3,550
GRAND TOTAL
$14,900
VI. ATTACHMENTS (IF APPLICABLE).
Not Applicable.
EXHIBIT “B”
COMPENSATION SCHEDULE / PROJECT BILLING / PROJECT BUDGET
Town of Prosper, Texas – Professional Services Agreement Page 22 of 32
Agreement by and between the Town of Prosper (Town)
and Brown Reynolds Watford Architects, Inc. (Consultant)
to perform Architectural Services for Maintenance Structure, Frontier Park in the
Town of Prosper, Collin County, Texas
I. COMPENSATION SCHEDULE / PROJECT BILLING SUMMARY.
MONTH, DATE, YEAR DOLLAR AMOUNT TASK COMPLETED
December 13th, 2011 $ 000,000.00 Town executes Agreement and
Issues Notice to Proceed to
Consultant.
December 30th, 2011 $ 000,000.00 Consultant’s receipt of fully
executed Agreement.
January, 31st, 2012 $ 11,350.00 Task One, Proposal
Preparation (Task Completed
and all task-related deliverables
completed as stated in Exhibit
“A” and accepted by the Town).
February, 29th, 2012 $ 3,550.00 Task Two, Bidding Assistance
(Task Completed and all task-
related deliverables completed
as stated in Exhibit “A” and
accepted by the Town).
Not Applicable
Architect of Record
Responsible for Filing
$ 00,000.00
(5% of Consultant’s Fee)
Task Four, Record
Documents.
Not Applicable
Architect of Record
Responsible for Filing
$ 00,000.00
(5% of Consultant’s Fee)
Task Five, TDLR Notice of
Substantial Compliance.
TOTAL CONSULTANT’S
FEE (NOT-TO-EXCEED)
$ 14,900.00
II. PROJECT BUDGET SUMMARY.
A. Basic Services.
1. Description of Basic Services.
a. Preliminary Design. $ 000,000.00
b. Final Design. $ 000,000.00
EXHIBIT “B”
COMPENSATION SCHEDULE / PROJECT BILLING / PROJECT BUDGET
Town of Prosper, Texas – Professional Services Agreement Page 23 of 32
c. Bid Specifications & Construction Documents. $ 000,000.00
d. Compliance with Barriers Act and TDLR $ 000,000.00
Notice of Substantial Compliance.
h. Architectural Services. $ 8,370.00
2. Total Basic Services (Not-To-Exceed) $ 8,370.00
C. Direct Expenses.
a. Description of Direct Expenses. (Add items applicable to this Contract).
a. Mileage Reimbursement, In-House Reproduction,
Commercial Reproduction, Communications,
Postage, Courier, Plotting. $ 1,000.00
b. Total Direct Expenses (Not-To-Exceed) $ 1,000.00
E. General and/or Administrative Markup. (If this Section is Applicable to
Contract)
a. Description of Markup. $ 0,000.00
b. Total Approved Markup (Not-To-Exceed) $ 0,000.00
F. Travel and/or Subsistence Expenses. (If this Section is Applicable to Contract)
1. Description of Travel Expenses. $ 00,000.00
2. Description of Subsistence Expenses. $ 0,000.00
3. Total Approved Travel and Subsistence Expenses $ 00,000.00
(Not-To-Exceed)
F. Project Budget, Grand Total (Not-To-Exceed) $ 15,900.00
EXHIBIT “C”
TOWN OF PROSPER
GUIDELINES FOR COMPUTER AIDED DESIGN AND DRAFTING (CADD)
Town of Prosper, Texas – Professional Services Agreement Page 24 of 32
1. Files shall be submitted in DWG/DXF format.
2. Files shall be georeferenced in the State Plane, Texas North Central FIPS 4202
(feet) coordinate system, using a datum of NAD 83.
3. If a surface adjustment factor is applied to the data, any surface adjustment
factors used should be clearly documented on the drawing.
4. If submissions for the Project relate to a plat, the file submitted must match
exactly the plat that is submitted for recording.
5. The file shall contain required features for the project type as detailed below:
a. Pre-Construction/As-Built Plans and/or Record Documents:
i. Layers from Final Plat Requirements as Applicable to Project Type.
ii. Water Utility Features.
iii. Sanitary Sewer Features.
iv. Storm Sewer Features.
6. Each required feature group should be provided as a separate layer within the
file.
7. Layer names should be representative of the information contained in the layer.
8. Line work should be continuous (e.g. no dashed lines in required layers) and
complete (connecting lines should meet at corners) within the subdivision/project.
Layers outside of project/subdivision boundary may be dashed in CAD data as
required for Final Plats by Prosper’s Subdivision Ordinance.
EXHIBIT “D”
TOWN OF PROSPER GUIDELINES FOR DIRECT EXPENSES; GENERAL AND
ADMINISTRATIVE MARKUP; TRAVEL AND SUBSISTENCE EXPENSES
Town of Prosper, Texas – Professional Services Agreement Page 25 of 32
I. CONSULTANT’S RESPONSIBILITY. The Consultant shall be solely responsible
for the auditing of all direct expenses, approved markup (general and/or
administrative), and approved travel and/or subsistence charges, including those of
its subcontractors, prior to submitting to the Town for reimbursement, and
Consultant shall be responsible for the accuracy thereof. Any over-payment by the
Town for errors in submittals for reimbursement may be deducted from the
Consultant’s subsequent payment(s) for services; however, this shall not be the
Town’s sole and exclusive remedy for said over-payment.
II. GUIDELINES FOR DIRECT EXPENSES.
A. Local Transportation – Transportation in connection with the Project, when
such transportation is not a function of routine performance of the duties of the
Consultant in connection with the Project, and when such transportation exceeds
beyond fifty (50) miles from the Project site, shall be reimbursed at a standard
mileage rate consistent with that as issued, and periodically revised, by the
United States Internal Revenue Service (IRS). Under no circumstances shall
Town reimburse Consultant at a higher standard mileage rate or pay additional
markup on charges for local transportation. Completion of Town’s Standard
Mileage Log is required for submittal of these charges for reimbursement,
including justification for each submitted expense.
Under no circumstances are charges associated with rental cars for local
transportation eligible for reimbursement by Town. Toll road subscriptions or toll
plaza receipts are not reimbursable. Consultant agrees to place these standards
in all subcontracts for work on the Project.
B. Supplies, Material, Equipment – Town shall reimburse the actual cost of other
similar direct Project-related expenses, which are duly presented in advance and
approved by Town’s Project Manager in writing.
C. Commercial Reproduction – Town shall reimburse the actual cost of
reproductions, specifically limited to progress prints prepared for presentation to
Town at each phase of progress, and final Construction Documents prepared for
distribution at bidding phase, provided that the Consultant has duly obtained at
least three (3) quotations from commercial firms and has chosen the best value
for the Town. Consultant shall provide such documentation to Town for review
prior to submitting these expenses for reimbursement. Consultant agrees to
place these standards in all subcontracts for work on the Project.
D. In-House Reproduction - Consultant shall make arrangements with the Town
for prior approval of in-house reproduction rates prior to submitting these
expenses for reimbursement. Town shall provide Consultant with a standard
format for documenting these charges. Completion of the Town’s reproduction
log is required as a prerequisite for payment, including the number or
EXHIBIT “D”
TOWN OF PROSPER GUIDELINES FOR DIRECT EXPENSES; GENERAL AND
ADMINISTRATIVE MARKUP; TRAVEL AND SUBSISTENCE EXPENSES
Town of Prosper, Texas – Professional Services Agreement Page 26 of 32
reproductions, the date, time, description, the approved standard rate, and a
justification for each submitted expense for reimbursement. Consultant agrees to
place these standards in all subcontracts for work on the Project.
E. Commercial Plotting – Town shall reimburse the actual cost of plots, specifically
limited to final documents, provided the Consultant has duly obtained at least
three (3) quotations from commercial firms and has chosen the best value for the
Town. Consultant shall provide such documentation to Town for review prior to
submitting these expenses for reimbursement. Consultant agrees to place these
standards in all subcontracts for work on the Project.
F. In-House Plotting – Consultant shall make arrangements with Town for prior
written approval of in-house plotting rates prior to submitting these charges for
reimbursement. Town shall provide Consultant with a standard format for
documenting these charges. Completion of the Town’s reproduction log is
required as a prerequisite for payment, including the number of plots, the date,
time, description, the approved standard rate, and a justification for each
submitted charge for reimbursement.
G. Communications – Reimbursement for expenses relating to electronic
communications shall be limited to long-distance telephone or fax toll charges
specifically required in the discharge of professional responsibilities related to the
Project. Telephone service charges including office or cellular phones, WATTS,
or Metro line services or similar charges are not reimbursable.
H. Postage, Mail, and Delivery Service – Town shall reimburse the actual cost of
postage and delivery of Instruments of Service, provided the Consultant duly
considers all circumstances (including available time for assured delivery) of the
required delivery and selects the best value for the Town, which may require
comparison of delivery costs offered by three (3) or more sources or methods of
delivery, which at a minimum shall include U.S. Mail. Courier service is
acceptable only in circumstances requiring deadline-sensitive deliveries and not
for the convenience of the Consultant and/or the Consultant’s employees.
Consultant agrees to place these standards in all subcontracts for work on the
Project.
I. Meals and Other Related Charges – Meals or any other related expenses are
not reimbursable unless incurred outside a fifty (50) mile radius of the Project,
and then only reimbursable for the actual cost subject to compliance with the
Town’s currently adopted policy. Non-allowable costs include, but are not limited
to, charges for entertainment, alcoholic beverages, and gratuities.
EXHIBIT “D”
TOWN OF PROSPER GUIDELINES FOR DIRECT EXPENSES; GENERAL AND
ADMINISTRATIVE MARKUP; TRAVEL AND SUBSISTENCE EXPENSES
Town of Prosper, Texas – Professional Services Agreement Page 27 of 32
III. GUIDELINES FOR GENERAL AND ADMINISTRATIVE MARKUP.
A. Requirement of Prior Approval – Consultant may be allowed to charge a
General and/or Administrative Markup on work completed if Consultant can
clearly define to Town specifically what costs are included in the markup
calculation. To apply General and/or Administrative Markup, Consultant must
also document to Town what costs would be considered direct costs. Town shall
issue approval in writing to allow Consultant to charge General and/or
Administrative Markup. Town reserves the right to reject any and all requests for
General and/or Administrative Markup.
IV. GUIDELINES FOR TRAVEL AND SUBSISTENCE EXPENSES.
A. Requirement of Prior Approval – Town shall reimburse the actual cost of travel
and/or subsistence expenses upon prior written approval by the Town’s Project
Manager.
B. Adherence to Currently Adopted Town Travel Policy – Reimbursements shall
be governed by the same travel policies provided for Town employees according
to current adopted policy. Prior to the event, Consultant shall request, and the
Town’s Project Manager shall provide the provisions and the restrictions that
apply to out-of-town reimbursements.
EXHIBIT “E”
TOWN OF PROSPER CONTRACTOR INSURANCE GUIDELINES
Town of Prosper, Texas – Professional Services Agreement Page 28 of 32
I. REQUIREMENT OF GENERAL LIABILITY INSURANCE –
A. Such policy shall name the Town, its officers, agents, representatives, and
employees as additional insured as to all applicable coverage with the exception
of workers compensation insurance.
B. Such policy shall require the provision of written notice to Town at least thirty (30)
days prior to cancellation, non-renewal, or material modification of any policies,
evidenced by return receipt or United States Certified Mail.
C. Such policy shall provide for a waiver of subrogation against the Town for
injuries, including death, property damage, or any other loss to the extent the
same is covered by the proceeds of the insurance.
II. INSURANCE COMPANY QUALIFICATION – All insurance companies providing
the required insurance shall be authorized to transact business in the State of
Texas, and shall have a minimum rating of “A” by A.M. Best’s Key Rating Guide, or
other equivalent rating service(s).
III. CERTIFICATE OF INSURANCE – A Certificate of Insurance evidencing the
required insurance shall be submitted with the contractor’s bid or response to
proposal. If the contract is renewed or extended by the Town a Certificate of
Insurance shall also be provided to the Town prior to the date the contract is
renewed or extended.
EXHIBIT “E”
TOWN OF PROSPER CONTRACTOR INSURANCE GUIDELINES
Town of Prosper, Texas – Professional Services Agreement Page 29 of 32
IV. INSURANCE CHECKLIST – “X” means that the following coverage is required for
this Agreement.
Coverage Required Limits
_X_ 1. Worker’s Compensation &
Employer’s Liability
Statutory Limits of the State of
Texas
_X_ 2. General Liability Minimum $1,000,000.00 each
occurrence;
Minimum $2,000,000.00 in the
aggregate.
___
3. XCU Coverage Minimum $1,000,000.00 each
occurrence;
Minimum $2,000,000.00 in the
aggregate.
_X_
4. Professional Liability Minimum $ 1,000,000.00 each
claim;
Minimum $ 2,000,000.00 in the
aggregate.
___
5. Umbrella Coverage or
Excess Liability Coverage
An amount of $ 2,000,000.00.
_X_ 6. Town named as additional insured on General Liability Policy. This
coverage is primary to all other coverage the Town may possess.
_X_
7. General Liability Insurance provides for a Waiver of Subrogation against
the Town for injuries, including death, property damage, or any other loss
to the extent that same is covered by the proceeds of the insurance.
_X_ 8. Thirty (30) days notice of cancellation, non-renewal, or material change
required. The words “endeavor to” and “but failure” (to end of sentence)
are to be eliminated from the Notice of Cancellation provision on standard
ACORD certificates.
_X_ 9. Insurance company has a minimum rating of “A” by A.M. Best’s Key
Rating Guide, or other equivalent rating service(s).
_X_ 10. The Certificate of Insurance must state the project title and bid number.
___ 11. Other Insurance Requirements (State Below):
EXHIBIT “F”
AFFIDAVIT
Town of Prosper, Texas – Professional Services Agreement Page 30 of 32
THE STATE OF TEXAS §
§
THE 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 Twenty Five Thousand and 00/100 Dollars ($25,000.00) or
more of the fair market value of the business entity.
_____ Funds received from the business entity exceed ten percent (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 Twenty Five Thousand and 00/100 Dollars
($25,000.00).
_____ A relative of mine has substantial interest in the business entity or property
that would be affected by my business decision of the public body of which
I am a member.
_____ Other: _________________________________________________.
_____ 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 a 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: __________________
EXHIBIT “G”
CONFLICT OF INTEREST QUESTIONNAIRE, FORM CIQ
Town of Prosper, Texas – Professional Services Agreement Page 31 of 32
EXHIBIT “G”
CONFLICT OF INTEREST QUESTIONNAIRE, FORM CIQ
Town of Prosper, Texas – Professional Services Agreement Page 32 of 32
TOWN OF PROSPER, TEXAS RESOLUTION NO. 11-71
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT FOR THE PARKS
DIVISION MAINTENANCE STRUCTURE DESIGN AND BID
DOCUMENTS, BETWEEN BROWN REYNOLDS WATFORD, INC. AN D
THE TOWN OF PROSPER.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby
authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, a
Professional Services Agreement for the Parks Division maintenance structure design
and bid documents between Brown Reynolds Watford, Inc., and the Town of Prosper, as
hereto attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 13th day of December, 2011.
______________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana, TRMC
Town Secretary
Page 1 of 2
Prosper is a place where everyone matters.
To: Mayor and Town Council
From: Wade Harden, Senior Parks and Recreation Planner
Cc: Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting – December 13, 2011
Date: December 7, 2011
Agenda Item:
Consider and act upon the construction of exercise stations in Frontier Park.
Description of Agenda Item:
Prosper resident, Twila Weber has requested the Town consider construction of six (6) exercise
stations for active older adults. Mrs. Weber attended the October and November Parks &
Recreation Board meetings to discuss her interests in the project.
The PARBd noted concerns related to funding for such a project and where it fit among current
park priorities. Below are development priorities as directed by the Parks Master Plan with their
respective population trigger.
Park Amenity Priorities –
1. Water Spray Park 1 per 15,000 pop.
2. Skate Park 1 per 15,000 pop.
3. Recreation Center 1 per 15,000 pop.
4. Frisbee Golf Course 1 per 20,000 pop.
5. Aquatic Center 1 per 20,000 pop.
6. In-line Hockey Rink 1 per 20,000 pop.
7. Dog Park 1 per 30,000 pop.
8. Basketball Courts 1 per 2,500 pop.
9. Picnic Pavilions 1 per 1,000 pop.
Other projects –
1. Preston Lakes Park
2. Frontier Park Pavilion
3. Maintenance Facility
Currently, the Town Parks system does not have any amenities targeted for older active adults.
Budget Impact:
The anticipated cost for the exercise stations is $34,000 and Park Improvement Funds could be
utilized for the construction of the project. The current Park Improvement Fund balance is
$542,445.
PARKS &
RECREATION
Page 2 of 2
Legal Obligations and Review:
Legal review of this item is not required.
Attached Documents:
• Examples of Exercise Equipment (3 pages)
• Trail Locations
• Improvement Goals (2 pages)
Parks and Recreation Board Recommendation (PARBd):
At the November 10, 2011 PARBd meeting, the Parks & Recreation Board motioned to present
the item to the Town Council, but with concerns regarding funding. The motion was approved
by a vote of 5-0.
Town Staff Recommendation:
Town staff recommends the Town Council approve the purchase and installation of older active
adult exercise equipment in Frontier Park at a cost not to exceed $34,000.
PopulationEstimatedPARBd Amenity Trigger Cost Action 1Maintenance Facility (2008 Bond Fund)Support Facilities225,000$ Approved2Grading & Site Plan (Windmill Playgroud & Pavilion)N/A26,000$ Dec. 8 PARBd Mtg.3Frontier Park Pavilion (cost does not include restrooms‐$75K)N/A215,000$ Approved4Splashground (Windmill Playground)1 : 15,000100,000$ Approved5Cockrell Elementary Parking LotSupport Facilities39,473$ No Action6Picnic Pavilion(s)1 : 1,00013,500$ No Action7Skate Park1 : 15,000115,000$ Pending Action8Preston Lakes ParkN/A50,000$ Approved9Basketball Court(s)1 : 2,500Agreement w/ PISDNo Action10Older Active Adults Exercise EquipmentN/A34,000$ Approved (w/out funding)11Community GardenN/A11,500$ No ActionTOTAL829,473$ Park Improvement Fund542 445$IMPROVEMENT GOALS SHORT TERM (1‐2 years)Park Improvement Fund542,445$ 2008 Bond Fund225,000$ Windmill Playground Fund26,000$ TOTAL 793,445$ SHORTFALL(36,028)$ 12Recreation Center1 : 15,000FUTURE BONDN/A13Frisbee Golf Course (9 hole)1 : 20,000199,835$ N/A14Aquatic Center1 : 20,000FUTURE BONDN/A15In‐Line Hockey Rink1 : 20,000135,000$ N/A16Dog Park1 : 30,00060,000$ Athlos AgreementIMPROVEMENT GOALS LONG TERM (2‐5 years)
Estimated Land Location Total AcresCost Per Acre Cost 1 Creek Crossing Community Park7260,000$ 4,320,000$ 2 Waterline Community Park4560,000$ 2,700,000$ TOTAL 7,020,000$ Park Dedication Fund1,131,558$ 2011 Bond Funds (Land Acquisition)4,680,000$ 2011 Collin County Funding Assistance400,000$ TOTAL 6,211,558$ SHORTFALL(808,442)$ 2011 Park Bond Fund BreakdownEquipment320,000$ Site Acquisition & Design450,000$ Hike & Bike Trails750,000$ Land Acquisition4,680,000$ TOTAL6,200,000$ LAND ACQUISITION GOALS SHORT TERM (1‐3 years)