05.28.2013 Town Council Packet
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Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
3. Proclamations.
3a. Presentation of a Proclamation declaring May 28, 2013, as Cooper Anderson Day.
4. Announcements of upcoming events.
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.)
5a. Consider and act upon minutes from the following Council meetings. (RB)
Regular Meeting – May 14, 2013
Canvass of Election – May 20, 2013
5b. Consider and act upon whether to direct staff to submit a written notice of appeal
on behalf of the Town Council to the Development Services Department, pursuant
to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance,
regarding action taken by the Planning & Zoning Commission on any site plan or
preliminary site plan. (CC)
6. CITIZEN COMMENTS:
(The public is invited to address the Council on any topic. However, the Council is
unable to discuss or take action on any topic not listed on this agenda. Please
complete a “Public Comments Form” and present it to the Town Secretary prior to the
meeting.)
Other Comments by the Public -
AGENDA
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, May 28, 2013
Meeting begins at 6:00 p.m.
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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 ITEMS:
7. Consider and act upon the election of a Mayor Pro Tem and Deputy Mayor Pro Tem.
(RB)
8. Consider and act upon 1) an award of bid to Quality Excavation, Ltd.; 2) a Construction
Services Contract Agreement between Quality Excavation, Ltd., and the Town of
Prosper, Texas, related to the construction services for improvements to Hays Road from
Ridgewood Drive to Chandler Circle South; 3) adopting Resolution No. 13-33; and, 4)
authorizing the Town Manager to execute same. (FJ)
9. Consider and act upon 1) a Park Improvement Fee Agreement between Forestar Group,
Inc,. and the Town of Prosper, Texas, related to the park improvements in Lakes of
Prosper, Phases 2C, 3, 4, 5, and 6; 2) adopting Resolution No. 13-34; and, 3) authorizing
the Town Manager to execute same. (HW)
10. Consider and act upon 1) a Landscape Architectural and Engineering Design Services
Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to
the design of Cockrell Park; 2) adopting Resolution No. 13-35; and, 3) authorizing the
Town Manager to execute same. (HW)
11. Consider and act upon 1) an application to the Collin County Parks & Open Space
Project Funding Assistance Program; 2) adopting Resolution No. 13-36; and, 3)
authorizing the Town Manager to execute same. (HW)
12. Consider and act upon the Fiscal Year 2013-2014 Budget Calendar and any related
special meeting dates. (MG)
13. EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et. seq. Texas
Government Code, as authorized by the Texas Open Meetings Act, to deliberate
regarding:
13a. Section 551.072. To deliberate the purchase, exchange, lease or value of real
property generally located north of U.S. Highway 380, south of Prosper Trail,
west of Preston Road and east of the Dallas North Tollway.
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14. 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, 121 W. Broadway Street, Prosper, Texas, a place convenient and readily
accessible to the general public at all times, and said Notice was posted on the following date and time:
On May 24, 2013, at 5:00 p.m. and remained so posted at least 72 hours before said meeting was convened.
________________________________
Robyn Battle, Town Secretary
If during the course of the meeting covered by this Notice, the Town Council should determine that a closed or
executive meeting or session of the Town Council or a consultation with the attorney/special counsel for the Town
should be held or is required, then such closed or executive meeting or session or consultation with the
attorney/special counsel as authorized by the Texas Open Meetings Act, Texas Government Code, §551.001, et seq.,
will be held by the Town Council at the date, hour and place given in this Notice or as soon after the commencement
of the meeting covered by this Notice as the Town Council may conveniently meet in such closed or executive
meeting or session or consult with the attorney/special counsel for the Town concerning any and all subjects and for
any and all purposes permitted by the Act, including, but not limited to, the following sections and purposes:
Texas Government Code:
§551.071 - Consultation with the attorney/special counsel for the Town.
§551.072 - Discussion regarding the purchase, exchange, lease or value of real property.
§551.074 - Discussion regarding personnel matters.
NOTICE
Pursuant to Town of Prosper Ordinance Number 07-04, all speakers other than Town of Prosper Staff are limited to
three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with approval of a
majority vote of the Town Council.
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council Meetings are wheelchair
accessible. 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) 569-1011. BRAILLE IS NOT AVAILABLE.
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Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
The meeting was called to order at 6:02 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro Tem Meigs Miller
Deputy Mayor Pro Tem Kenneth Dugger
Council Member Mike Korbuly
Council Member Curry Vogelsang
Council Member Danny Wilson
Council Member Jason Dixon
Staff Members Present:
Harlan Jefferson, Town Manager
Robyn Battle, Town Secretary
Hulon T. Webb, Jr., Executive Director of Development and Community Services
Chris Copple, Director of Development Services
Matthew Garrett, Finance Director
Rebecca Brewer, Town Attorney
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Pastor John Fowler of First Presbyterian Church of Prosper led the invocation. The
Pledge of Allegiance and the Pledge to the Texas Flag were recited.
3. Announcements of upcoming events.
Mayor Pro Tem Miller made the following announcements:
Prosper’s Firefighters and Paramedics assisted the PISD with its first annual Special
Olympics Track Meet at Reynolds Middle School last Friday. Approximately 200
athletes participated in the meet. Chief Tucker reported that the event was a huge success
and they only treated five minor injuries, none of which required transport to a hospital.
The Police Department will hold an Open House and Fun Day on Saturday, May 18, at
their headquarters at 101 S. Main, adjacent to Town Hall, from 11:00 a.m. - 1:00 p.m.
There will be snacks, activities, and an opportunity to meet members of the Prosper
Police Department.
MINUTES
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, May 14, 2013
6:00 p.m. Regular Meeting
Item 5a
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The Police Department is also sponsoring a bicycle rodeo on June 1st from 10:00 a.m. -
Noon. Bicyclists of all ages will learn proper bicycle fit, maintenance, etiquette, laws,
and bicycle control. Registration is free and will take place at the north parking lot of
Prosper High School. The event is made up of several stations that teach cyclists the
important aspects of safe bicycling.
The canvass of the May 11, 2013, General Election will be held on Monday, May 20,
2013, at 6:00 p.m.
Town Manager Harlan Jefferson introduced the Town’s new Director of Human
Resources, Baby Raley.
Deputy Mayor Pro Tem Dugger thanked Fire Chief Ronnie Tucker and the Prosper Fire
Department for their assistance in providing honor guard services to the Town of West,
Texas, for the loss of their firefighters.
4. Presentation by members of Girl Scout Troop #1968 on their recent recycling
project.
Three Brownies from Troop #1968 made a presentation to the Town Council about
recycling at Frontier Park. Their project included searching for recyclable material at the
park that had been thrown in the trash. The girls collected two large bins of recyclables
in just one hour, and asked the Council to consider placing recycling collection bins at the
park.
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.)
5a. Consider and act upon minutes from the following Council meeting. (RB)
Regular Meeting – April 23, 2013
5b. Consider and act upon whether to direct staff to submit a written notice of
appeal on behalf of the Town Council to the Development Services
Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the
Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning
Commission on any site plan or preliminary site plan. (CC)
5c. Consider and act upon the monthly financial reports for March 2013. (MG)
Mayor Pro Tem Miller made a motion and Council Member Vogelsang seconded the
motion to approve all items on the Consent Agenda. The motion was approved by a vote
of 7-0.
Item 5a
Page 3 of 7
6. CITIZEN COMMENTS:
(The public is invited to address the Council on any topic. However, the Council is
unable to discuss or take action on any topic not listed on this agenda. Please
complete a “Public Comments Form” and present it to the Town Secretary prior to the
meeting.)
There were no Citizen Comments.
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:
7. A Public Hearing to consider and act upon a request to rezone 0.3± acres, located on
the north side of First Street, 1,500± feet east of Legacy Drive from Agricultural (A)
to Planned Development-Agricultural (PD-A) (Z12-0004). (CC)
Chris Copple presented the item before the Town Council. The applicant has drafted a
PD to specifically allow for the construction of a Commercial Antenna and/or Antenna
Support Structure with a maximum height of 120 feet in the Agricultural (A) District.
The area north of First Street is planned for future single family residential development
and retail/neighborhood services to serve those residents. The maximum height of the
zoning districts in this area is 40 feet. Due to the nature and low density of the future
development in this area, a 120-foot tall Commercial Antenna and/or Antenna Support
Structure is not appropriate on this property. The Planning & Zoning Commission
recommended the Town Council deny this request at their April 2, 2013, meeting. Town
staff recommends denial of the item.
Mayor Pro Tem Miller made a motion and Council Member Wilson seconded the motion
to open the Public Hearing. The motion was approved by a vote of 7-0.
Peter Cavanaugh, 1620 Handley, Dallas, Texas, spoke in favor of the item on behalf of
the applicant, Verizon.
Carrie Harrington, representing Blue Star Land, spoke in opposition to the item.
Mayor Pro Tem Miller made a motion and Deputy Mayor Pro Tem Dugger seconded the
motion to close the Public Hearing. The motion was approved by a vote of 7-0.
Mayor Pro Tem Miller made a motion and Deputy Mayor Pro Tem Dugger seconded the
motion to deny the request to rezone 0.3± acres, located on the north side of First Street,
Item 5a
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1,500± feet east of Legacy Drive from Agricultural (A) to Planned Development-
Agricultural. The motion was approved by a vote of 7-0.
DEPARTMENT ITEMS:
8. Consider and act upon Resolution No. 13-29 to protect and defend the Second
Amendment constitutional right to keep and bear arms. (RB)
Town Secretary Robyn Battle presented this item before the Town Council. This item
was brought forward by a Town Council member at the April 9, 2013, Council meeting
as a result of the recent adoption of a similar Resolution by the City of Rockwall, Texas.
The item was placed on the April 23, 2013, Town Council agenda for discussion, and
four citizens offered public comment in support of the Resolution. The Town Attorney
reviewed the proposed Resolution and suggested revisions to address the concerns
Council had raised over the possible conflict with the Texas penal code, or other state or
federal law. The item is for consideration and possible action by the Town Council.
Mayor Smith recognized the following citizens who filled out speaker request forms for
this item:
Jack Dixon, 810 Long Valley Court, Prosper, Texas, spoke in favor of this item, and read
written comments submitted by another citizen, Shawn Turner.
Ann Lieber, 1190 Crooked Stick, Prosper, Texas, spoke in favor of this item.
After discussion, Council Member Vogelsang made a motion and Deputy Mayor Pro
Tem Dugger seconded the motion to approve the Town Attorney’s amended version of
Resolution No. 13-29 to protect and defend the Second Amendment constitutional right
to keep and bear arms. The motion was approved by a vote of 7-0.
9. Consider and take action to adopt Ordinance No. 13-30 approving the final Project
and Financing Plan for the Town of Prosper Tax Increment Financing
Reinvestment Zone Number Two (TIRZ No. 2).
Town Manager Harlan Jefferson presented the item before the Town Council. On
December 31, 2012, the Prosper Town Council approved a Development and Financing
Agreement with MSW Prosper 380 LP, for the reimbursement of the cost of construction
of public infrastructure to be constructed with TIRZ No. 2. On January 22, 2013, the
Prosper Town Council adopted Ordinance No. 13-04 designating TIRZ No. 2 to promote
the development or redevelopment of the area. The final Project and Financing Plan was
approved by the TIRZ No. 2 Board on May 14, at their meeting prior to this Town
Council meeting. The Town Council is being asked to approve the final Project and
Financing Plan in order for the Collin County Commissioner’s Court to consider
participating in the TIRZ No. 2 at their June 10, 2013, meeting. The Town of Prosper
submitted an application for Collin County participation in the TIRZ No. 2 which
included an Inter-Local Cooperation Agreement. Town staff recommends approval of
this item.
Item 5a
Page 5 of 7
After discussion, Deputy Mayor Pro Tem Dugger made a motion and Mayor Pro Tem
Miller seconded the motion to adopt Ordinance No. 13-30, approving the final Project
and Financing Plan for the Town of Prosper Tax Increment Financing Reinvestment Zone
Number Two. The motion was approved by a vote of 7-0.
10. Presentation from IPS Advisors and discussion regarding both an update on the
insurance renewal process and also the expected financial impact of the healthcare
reform act on the Town of Prosper employee benefits. (MG)
Finance Director Matthew Garrett began the presentation to Council, then introduced Jay
Huminsky from IPS Advisors, who continued the presentation. Mr. Huminsky reviewed
the major areas of the Affordable Care Act and what each area will mean to the employee
benefits offered by the Town. The full budget impact will be presented at a future Town
Council meeting to discuss selection of an insurance plan and premium design for the
August 1, 2013, renewal. Council discussed the item and presented questions to Mr.
Huminsky, and he responded.
No action was taken on this item.
11. Consider and act upon Resolution 13-31 providing for and directing publication of a
notice of intent to issue Town of Prosper Combination Tax and Surplus Revenue
Certificates of Obligation to fund the construction of water system improvements.
Finance Director Matthew Garrett presented this item to the Town Council. This item is
to direct staff to publish notice of intent to issue debt not to exceed $5.5 million for water
system improvements. The issuance was anticipated to complete work in progress on the
pump station expansion and second water line projects. Mr. Garrett reviewed the
timeline for the issuance of the bonds. Dan Culver of McCall, Parkhurst & Horton,
L.L.P., serves as the Town’s bond counsel and has provided the proposed Resolution and
notice of intent with input from Town staff and Jason Hughes, the Town’s Financial
Advisor. Mr. Hughes answered questions from Council on this item. Town staff
recommends approval of this item.
After discussion, Mayor Pro Tem Miller made a motion, and Council Member Vogelsang
seconded the motion to approve Resolution 13-31 providing for and directing publication
of a notice of intent to issue Town of Prosper Combination Tax and Surplus Revenue
Certificates of Obligation to fund the construction of water system improvements. The
motion was approved by a vote of 7-0.
12. Discussion on Stage 3 Drought Contingency and Water Emergency Response
Measures, proposed water conservation programs and potential enforcement
program.
Public Works Director Frank Jaromin presented this item to the Town Council. On June
1, 2013, the North Texas Municipal Water District (NTMWD) will initiate Stage 3 of the
NTMWD Water Conservation and Drought Contingency and Water Emergency
Response Plan to all member and customer cities. This action is a result of the temporary
Item 5a
Page 6 of 7
loss of the Lake Texoma raw water supply, and low lake levels in Lake Chapman and
Lake Lavon due to ongoing drought conditions. Mr. Jaromin reviewed the Stage 3
conditions as they will apply to water customers in the Town of Prosper. In addition to
implementing Stage 3 water restrictions, the Town will also increase its public education
efforts by providing water conservation and education programs. Town staff is seeking
feedback from the Town Council on potential enforcement procedures, which may
include an Ordinance to establish an enforcement program. A proposed enforcement
program and a draft fee structure were presented.
Mayor Smith recognized Ann Lieber, 1190 Crooked Stick, Prosper, Texas, who turned in
a speaker request form for this item. Ms. Lieber questioned the Council about the
proposed water conservation and enforcement programs, and Mr. Jaromin responded.
No action was taken on this item.
13. EXECUTIVE SESSION:
Deputy Mayor Pro Tem Dugger made a motion and Mayor Pro Tem Miller seconded the
motion to recess into Executive Session at 8:12 p.m. The motion was approved by a vote
of 7-0.
Recess into Closed Session in compliance with Section 551.001 et. seq. Texas
Government Code, as authorized by the Texas Open Meetings Act, to deliberate
regarding:
13a. Section 551.072. To deliberate the purchase, exchange, lease or value of real
property generally located north of U.S. Highway 380, south of Prosper Trail,
west of Preston Road and east of the Dallas North Tollway.
13d. Section 551.074. Discuss and consider Town Attorney applicants and all
matters incident and related thereto.
14. To reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
Deputy Mayor Pro Tem Dugger made a motion and Council Member Wilson seconded
the motion to reconvene into Regular Session at 8:55 p.m. The motion was approved by
a vote of 7-0.
Mayor Pro Tem Miller made a motion and Council Member Wilson seconded the motion
to appoint the firm of Brown & Hofmeister, L.L.P., as the new Town Attorney. The
motion was approved by a vote of 7-0.
15. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Council Member Dixon asked Town staff to look into the installation of recycling bins at
Frontier Park.
Item 5a
Page 7 of 7
16. Adjourn.
Deputy Mayor Pro Tem Dugger made a motion and Mayor Pro Tem Miller seconded the
motion to adjourn the meeting at 8:57 p.m., on Tuesday, May 14, 2013. The motion was
approved by a vote of 7-0.
These minutes approved on the 28th day of May, 2013.
APPROVED:
Ray Smith, Mayor
ATTEST:
Robyn Battle, Town Secretary
Item 5a
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Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
The meeting was called to order at 6:02 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro Tem Meigs Miller
Deputy Mayor Pro Tem Kenneth Dugger
Council Member Mike Korbuly
Council Member Curry Vogelsang
Council Member Jason Dixon
Council Members Absent:
Council Member Danny Wilson
Staff Members Present:
Harlan Jefferson, Town Manager
Robyn Battle, Town Secretary
2. Pledge of Allegiance and Pledge to the Texas Flag.
Council Member Vogelsang led the invocation. The Pledge of Allegiance and the Pledge
to the Texas Flag were recited.
3. Consider and act upon Ordinance No. 13-32, canvassing the returns and declaring
the results of the May 11, 2013, General Election.
Town Secretary Robyn Battle presented this item before the Town Council. Denton
County has provided a tabulation of votes cast in the May 11, 2013, General Election.
The Town Secretary certified that the following candidates were duly elected to the
respective positions shown:
Town Council, Place 1 Michael Korbuly
Town Council, Place 4 Meigs Miller
Mayor Ray Smith
Deputy Mayor Pro Tem Dugger made a motion and Mayor Pro Tem Miller seconded the
motion to approve Ordinance No. 13-32, canvassing the returns and declaring the results
of the May 11, 2013, General Election. The motion was approved by a vote of 6-0.
MINUTES
Meeting of the Prosper Town Council
SPECIAL CALLED MEETING
TO CANVASS ELECTION
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Monday, May 20, 2013
Item 5a
Page 2 of 2
4. Administer Oaths of Office and Present Certificates of Election.
Town Secretary Robyn Battle administered the oath of office to Council Member
Korbuly, Mayor Pro Tem Miller, and Mayor Smith.
Mayor Smith presented Certificates of Election to Council Member Korbuly and Mayor
Pro Tem Miller.
Mayor Pro Tem Miller and Deputy Mayor Pro Tem Dugger presented a Certificate of
Election to Mayor Smith.
5. Adjourn.
Deputy Mayor Pro Tem Dugger made a motion and Council Member Dixon seconded the
motion to adjourn the meeting at 6:10 p.m., on Monday, May 20, 2013. The motion was
approved by a vote of six 6-0.
These minutes approved on the 28th day of May, 2013.
APPROVED:
Ray Smith, Mayor
ATTEST:
Robyn Battle, Town Secretary
Item 5a
To: Mayor and Town Council
From: Chris Copple, AICP, Director of Development Services
Cc: Harlan Jefferson, Town Manager
Hulon T. Webb, Jr., P.E., Executive Director of Development
and Community Services
Re: Town Council Meeting – May 28, 2013
Date: May 20, 2013
Agenda Item:
Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of
the Town Council to the Development Services Department, pursuant to Chapter 4, Section
1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning
& Zoning Commission on any site plan or preliminary site plan.
Description of Agenda Item:
Attached are the site plans and/or preliminary site plans acted on by the Planning & Zoning
Commission at their May 21, 2013 meeting. Per the Town’s Zoning Ordinance, the Town
Council has the ability to direct staff to submit a written notice of appeal on behalf of the Town
Council to the Development Services Department for any site plan or preliminary site plan acted
on by the Planning & Zoning Commission.
Attached Documents:
1. Site plan for SJT Addition, Block 2, Lot 1R (202 S. Coleman Street), on 0.3± acre, located
on the southwest corner of Coleman Street and Third Street.
Town Staff Recommendation:
Town staff recommends the Town Council take no action on this item.
Prosper is a place where everyone matters.
PLANNING
Item 5b
Item 5b
To: Mayor and Town Council
From: Robyn Battle, Town Secretary
Cc: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 28, 2013
Date: May 20, 2012
Agenda Item:
Consider and act upon the election of a Mayor Pro Tem and Deputy Mayor Pro Tem.
Description of Agenda Item:
The Town Charter requires that the Town Council elect from among its members a Mayor Pro
Tem and Deputy Mayor Pro Tem at the first regular meeting following the election of Council
Members. The Mayor Pro Tem shall act as Mayor during the disability or absence of the Mayor.
The Deputy Mayor Pro Tem shall act as Mayor during the disability or absence of the Mayor and
Mayor Pro Tem.
Town Staff Recommendation:
Town staff recommends that the Town Council elect a Mayor Pro Tem and a Deputy Mayor Pro
Tem.
Prosper is a place where everyone matters.
ADMINISTRATION
Item 7
Page 1 of 2
To: Mayor and Town Council
From: Frank E. Jaromin, P.E., Director of Public Works
Cc: Harlan Jefferson, Town Manager
Hulon T. Webb, Jr., P.E., Executive Director of Development
and Community Services
Michael Bulla, CIP Project Manager
Re: Town Council Meeting – May 28, 2013
Date: May 20, 2013
Agenda Item:
Consider and act upon 1) an award of bid to Quality Excavation, Ltd.; 2) a Construction Services
Contract Agreement between Quality Excavation, Ltd., and the Town of Prosper, Texas, related
to the construction services for improvements to Hays Road from Ridgewood Drive to Chandler
Circle South; 3) adopting Resolution No. 13-33; and, 4) authorizing the Town Manager to
execute same.
Description of Agenda Item:
On May 14, 2011, the residents of Prosper voted in favor of a bond proposition allocating
$13,290,000 for street and road improvements. One of the road improvement projects
recommended by the Bond Committee was to improve Hays Road from Ridgewood Drive to
Chandler Circle South in concrete.
On May 9, 2013, Town staff opened proposals to improve Hays Road from Ridgewood Drive to
Chandler Circle South. Two bid proposals were received with the low bidder being Quality
Excavation, LTD with a base bid of $398,640 for six-inch concrete paving and associated
drainage improvements. Staff included an alternate bid item to add an additional one-inch of
thickness to the reinforced concrete to help handle the heavy construction traffic on Hays Road.
Staff recommends accepting the alternate bid item to include seven-inch concrete paving for an
additional cost of $23,100. The contract includes constructing twenty-one-foot-wide reinforced
concrete section, improving driveways, and headwalls on drainage structures.
Budget Impact:
The CIP budget for the project includes $30,000 from the Drainage System Utility Fee Fund and
$430,000 from the 2012 GO Bonds Funds. The project cost of $421,740 is to be funded by the
Drainage System Utility Fee ($30,000) and 2012 GO Bond Funds ($391,740).
Legal Obligations and Review:
The contract is a standard construction service contract agreement previously approved by the
Town Attorney.
PUBLIC WORKS
Prosper is a place where everyone matters.
Item 8
Page 2 of 2
Attached Documents:
1. Construction Services Contract Agreement – Example Copy
2. Resolution
3. Bid Tabulation
Town Staff Recommendation:
Town staff recommends that the Town Council 1) award a bid to Quality Excavation, Ltd., to
include the alternate bid for seven-inch concrete pavement; 2) enter into a Construction
Services Contract Agreement between Quality Excavation, Ltd., and the Town of Prosper,
Texas, related to the construction services for improvements to Hays Road from Ridgewood
Drive to Chandler Circle South; 3) adopt Resolution No. 13-33; and, 4) authorize the Town
Manager to execute same.
Motion: I move to approve Resolution No. 13-33, authorizing the Town Manger to execute a
Construction Services Contract Agreement with Quality Excavation, Ltd., in an amount not to
exceed $421,740, for the improvements to Hays Road from Ridgewood Drive to Chandler Circle
South, including the alternate bid item for seven-inch concrete.
Item 8
STANDARD FORM OF CONSTRUCTION SERVICES CONTRACT 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 of the City of , County of , and
State of , 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:
HAYS ROAD, PHASE II
(RIDGEWOOD DRIVE TO CHANDLER CIRCLE SOUTH)
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 TOWN
OF PROSPER, 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 60 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:
________________________
Item 8
TOWN OF PROSPER, TEXAS RESOLUTION NO. 13-33
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
CONSTRUCTION SERVICES CONTRACT AGREEMENT FOR THE
IMPROVEMENTS TO HAYS ROAD FROM RIDGEWOOD DRIVE TO
CHANDLER CIRCLE SOUTH, BETWEEN QUALITY EXCAVATION,
LTD., AND THE TOWN OF PROSPER, TEXAS.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, THAT:
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 Construction
Services Contract Agreement for the improvements to Hays Road from Ridgewood Drive
to Chandler Circle South, between Quality Excavation, Ltd., and the Town of Prosper,
Texas, as hereto attached.
SECTION 2
This Resolution shall take effect immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS, THIS THE 28TH DAY OF MAY, 2013.
_________________________
Ray Smith, Mayor
ATTEST:
___________________________
Robyn Battle, Town Secretary
Item 8
Item DescriptionUnits Quanty Unit Extended AmountUnit Extended AmountBase BidA1 6" Concrete Pavingsy 6,600.00 46.50$ 306,900.00$ 60.00$ 396,000.00$ A2 CMP Drive way headwallea16.00 1,300.00$ 20,800.00$ 1,700.00$ 27,200.00$ A3 6" Concrete Drivessy350.00 66.00$ 23,100.00$ 50.00$ 17,500.00$ A4 CMP Drive Ways 15"lf60.00 74.00$ 4,440.00$ 45.00$ 2,700.00$ A5 15" Headwallea4.00 2,500.00$ 10,000.00$ 1,500.00$ 6,000.00$ A6 Muti Type B 36" Headwallea1.00 9,800.00$ 9,800.00$ 3,000.00$ 3,000.00$ A7 Traffic Controlls1.00 15,000.00$ 15,000.00$ 8,500.00$ 8,500.00$ A8 18" Rip Rapcy20.00 180.00$ 3,600.00$ 125.00$ 2,500.00$ A9 Contingencyls1.00 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ Base Bid Total398,640.00$ 468,400.00$ Alternate BidA1 7" Concrete Pavingsy 6,600.00 50.00$ 330,000.00$ 63.75$ 420,750.00$ Items A2‐A991,740.00$ 72,400.00$ Total with Alternate421,740.00$ 493,150.00$ Camino Construction LPQuality Excavation, LTDHays Road Phase II Preston Road to Ridgewood DriveItem 8
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Executive Director of Development
and Community Services
Cc: Harlan Jefferson, Town Manager
William Mitchell, M.S., CPRP, Parks and Recreation Manager
Michael Bulla, CIP Project Manager
Re: Town Council Meeting – May 28, 2013
Date: May 20, 2013
Agenda Item:
Consider and act upon 1) a Park Improvement Fee Agreement between Forestar Group, Inc.
and the Town of Prosper, Texas, related to the park improvements in Lakes of Prosper, Phases
2C, 3, 4, 5, and 6; 2) adopting Resolution No. 13-34; and, 3) authorizing the Town Manager to
execute same.
Description of Agenda Item:
As shown on Exhibit C (Hike and Bike Trail Exhibit) of Planned Development-8 (PD-8), there are
several hike and bike trails proposed within the Lakes of Prosper subdivision. While the
majority of Trail “A” was constructed with earlier phases of the subdivision, there are still others
remaining to be constructed. The remaining sections of the hike and bike trails to be
constructed are shown on the trail location map provided in the packet and labeled with the
corresponding phases of the subdivision when the improvements will be complete. Also
included with the staff report are the engineer’s estimated costs for designing and constructing
the remaining hike and bike trails.
The terms of the Park Improvement Fee Agreement stipulate the use of the park improvement
fees generated by the remaining phases of the subdivision to pay for the actual design and
construction of the hike and bike trails remaining in the subdivision.
Budget Impact:
The estimated cost of designing and constructing the hike and bike trails is $228,605, which
includes a pedestrian bridge over an existing gas easement. The terms of the Park
Improvement Fee Agreement are as follows, based on the actual costs being the same as the
estimated costs of $228,605:
Lakes of Prosper, Phase 2C: $59,000 of park improvement fees will be credited by the
Town to the developer towards the actual cost of the hike and bike trail improvements at
the time of final acceptance of the improvements.
PARKS &
RECREATION
Prosper is a place where everyone matters.
Item 9
Page 2 of 2
Lakes of Prosper, Phase 3: $51,000 of park improvement fees will be credited by the
Town to the developer towards the actual cost of the hike and bike trail improvements at
the time of final acceptance of the improvements.
Lakes of Prosper, Phase 4: $84,000 of park improvement fees will be collected by the
Town at time of final acceptance of the improvements with Lakes of Prosper, Phase 4.
Lakes of Prosper, Phase 5: $58,500 of park improvement fees will be credited by the
Town to the developer towards the actual cost of the hike and bike trail improvements at
the time of final acceptance of the improvements with Lakes of Prosper, Phase 5.
Lakes of Prosper, Phase 6: $60,105 of park improvement fees will be credited by the
Town to the developer towards the actual cost of the hike and bike trail improvements at
the time of final acceptance of the improvements with Lakes of Prosper, Phase 5.
$71,895 of park improvement fees will be collected by the Town at the time of final
acceptance of the improvements with Lakes of Prosper, Phase 6.
It is anticipated that the actual costs of the hike and bike trail improvements constructed with
Lakes of Prosper, Phase 2C will exceed the available park improvement fee credits for Phase
2C. Any costs for the hike and bike trail improvements not credited with Phase 2C park
improvement fees will carry over to Phase 3, then to Phase 5 and then to Phase 6 until paid in
full. Phase 4 park improvement fees will be paid to the Town and any unused park
improvement fees remaining in Phase 6.
Legal Obligations and Review:
The Park Improvement Fee Agreement was prepared by Town Staff. No legal obligations or
review by the Town Attorney is required.
Attached Documents:
1. Park Improvement Fee Agreement
2. Resolution
3. Exhibit C (Hike and Bike Trail Exhibit) from Planned Development-8 (PD-8).
Parks & Recreation Board Recommendation:
On May 9, 2013, the Parks & Recreation Board recommended the Town Council approve a
resolution related to the park improvements in Lakes of Prosper, Phases 2C, 3, 4, 5, and 6 by a
vote of 5-0.
Town Staff Recommendation:
Town staff recommends the Town Council 1) approve a Park Improvement Fee Agreement
between Forestar Group, Inc., and the Town of Prosper, Texas, related to the park
improvements in Lakes of Prosper, Phases 2C, 3, 4, 5, and 6; 2) adopt Resolution No. 13-34;
and, 3) authorize the Town Manager to execute same.
Motion: I move to approve Resolution No. 13-34, authorizing the Town Manger to execute a
Park Improvement Fee Agreement between Forestar Group, Inc., and the Town of Prosper,
Texas, related to the park improvements in Lakes of Prosper, Phases 2C, 3, 4, 5, and 6.
Item 9
Lakes of Prosper, Phases 2C, 3, 4, 5 and 6 – Park Improvement Fee Agreement Page 1 of 7
PARK IMPROVEMENT FEE AGREEMENT
(Lakes of Prosper, Phases 2C, 3, 4, 5, and 6)
THIS PARK IMPROVEMENT FEE AGREEMENT (the "Agreement") is made and entered
into as of this _____ day of ______________, 2013, by and among FORESTAR GROUP, INC., a
Texas corporation ("FG") and the TOWN OF PROSPER, TEXAS ("Prosper"), on the terms and
conditions hereinafter set forth.
WHEREAS, the parties agree that FG may fulfill its obligations to pay park improvement fees
in the manner set forth below.
NOW, THEREFORE, in consideration of the covenants and conditions contained in this
Agreement, FG and Prosper agree as follows:
1. Land Subject to Amendment. The land that is the subject to this Amendment is the Lakes of
Prosper, Phases 2C, 3, 4, 5 and 6.
2. Cost of Park Improvements. The estimated cost of designing and constructing the hike and bike
trails is $228,605, which includes a pedestrian bridge over an existing gas easement as
depicted in Exhibit A. The cost of credits will be based on the actual cost of the improvements to
be approved by the Town.
3. Impact Fees and Assessments. FG and Prosper agree that the park improvement fees
associated with the development of the Lakes of Prosper, Phase 2C, 3, 4, 5 and 6, will be
assessed as prescribed in the Park Fee Ordinance, as they currently exist or may be amended
in the future. The current rate for park improvement fees at the time of the agreement is $1,500
per platted residential lot.
4. Payment of Park Improvement Fees. FG and Prosper agree that the park improvement fees will
be credited and/or paid to the Town as stipulated below:
a.) Lakes of Prosper, Phase 2C: $59,000 of park improvement fees will be credited by the
Town to the developer towards the actual cost of the hike and bike trail improvements at the
time of final acceptance of the improvements.
b.) Lakes of Prosper, Phase 3: $51,000 of park improvement fees will be credited by the Town
to the developer towards the actual cost of the hike and bike trail improvements at the time
of final acceptance of the improvements.
c.) Lakes of Prosper, Phase 4: $84,000 of park improvement fees will be collected by the Town
at time of final acceptance of the improvements with Lakes of Prosper, Phase 4.
d.) Lakes of Prosper, Phase 5: $58,500 of park improvement fees will be credited by the Town
to the developer towards the actual cost of the hike and bike trail improvements at the time
of final acceptance of the improvements with Lakes of Prosper, Phase 5.
e.) Lakes of Prosper, Phase 6: $60,105 of park improvement fees will be credited by the Town
to the developer towards the actual cost of the hike and bike trail improvements at the time
of final acceptance of the improvements with Lakes of Prosper, Phase 6. $71,895 of park
improvement fees will be collected by the Town at the time of final acceptance of the
improvements with Lakes of Prosper, Phase 6.
Item 9
Lakes of Prosper, Phases 2C, 3, 4, 5 and 6 – Park Improvement Fee Agreement Page 2 of 7
5. Default.
In the event FG fails to comply with any of the provisions under this Amendment, Prosper shall
have the following remedies, in addition to Prosper's other rights and remedies:
a.) To refuse to issue building permits in relation to the FG Property; and/or
b.) To require specific enforcement of this Amendment.
6. Notices. Any notice provided or permitted to be given under this Agreement must be in writing
and may be served by depositing same in the United States mail, addressed to the party to be
notified, postage pre-paid and registered or certified with return receipt requested, or by
delivering the same in person to such party via a hand–delivery service, Federal Express or any
courier service that provides a return receipt showing the date of actual delivery of same to the
addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the
address of the addressee. For purposes of notice, the addresses of the parties shall be as
follows:
If to FG, to:
Forestar Group, Inc.
14755 Preston Rd
Dallas, TX 75254
If to Prosper, to:
Town Manager
P.O. Box 307
Prosper, TX 75078
7. Miscellaneous.
a. This Agreement contains the entire agreement of the parties with respect to the matters
contained herein and may not be modified or terminated except upon the provisions hereof
or by the mutual written agreement of the parties hereto. There are no oral understandings
or agreements between the parties regarding the subject matter hereof.
b. This Agreement shall be construed in accordance with the laws of the State of Texas and
shall be performable in Collin County, Texas.
c. The parties hereto without coercion or duress and for substantial consideration, the
sufficiency of which is forever confessed, execute this Agreement.
d. This Agreement may be executed in a number of identical counterparts, each of which shall
be deemed an original for all purposes.
e. The individuals executing this Agreement on behalf of the respective parties below represent
to each other and to others 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 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.
Item 9
Lakes of Prosper, Phases 2C, 3, 4, 5 and 6 – Park Improvement Fee Agreement Page 3 of 7
f. This Agreement shall be binding upon and inure to the benefit of the parties hereto and
there respective heirs, executors, administrators, legal representatives, successors and
assigns, as allowed herein.
g. In case any one or more of the provisions contained in this Agreement shall for any reason
be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision thereof, and this Agreement shall be
construed as if such invalid, illegal or unenforceable provision had never been contained
herein.
h. All construction shall be in accordance with Prosper’s ordinances, as they exist or may be
amended, or in the future arising.
i. Nothing in this Agreement shall be implied to vest any rights in the parties except as are
provided by statute, ordinance or as expressly provided in this Agreement.
j. The parties agree that Prosper has not waived its sovereign immunity by entering into and
performing its obligations under this Agreement.
k. This Agreement is not assignable without the prior written consent of Proper.
IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to
be effective on the latest date as reflected by the signatures below.
FORESTAR GROUP, INC.
a Texas corporation
By: __________________________
_____________, _________
Date: ________________________
TOWN OF PROSPER, TEXAS
By: _________________________
Harlan Jefferson, Town Manager
Date: ________________________
Item 9
Lakes of Prosper, Phases 2C, 3, 4, 5 and 6 – Park Improvement Fee Agreement Page 4 of 7
STATE OF TEXAS §
§
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day personally appeared
________________________, _________________ of FORESTAR GROUP, INC., a Texas
corporation, known to me to be the person whose name is subscribed to the foregoing instrument;
he acknowledged to me he executed said instrument for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ________ day of
_______________, 2013.
Notary Public in and for the State of Texas
My Commission Expires:
STATE OF TEXAS §
§
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day personally appeared HARLAN
JEFFERSON, Town Manager, known to me to be the person whose name is subscribed to the
foregoing instrument; he acknowledged to me he is a duly authorized representative for the Town of
Prosper, Texas, and he executed said instrument for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ________ day of
_______________, 2013.
Notary Public in and for the State of Texas
My Commission Expires:
Item 9
Total Lots:276 Total Acres:94.8
Prepared:04/26/12 Revised:05/06/13
CATEGORY TOTAL
$169,875
$29,250
$0
$4,350
$0
$14,244
SUB-TOTALS $217,719
OVERALL CONTINGENCY (5%)$10,886
$228,605
NOTES:
- UNIT PRICES ARE BASED ON SIMILAR PROJECTS BID IN 2012, FINAL REIMBURSEMENT SHALL
BE DETERMINED BY ACTUAL CONSTRUCTION COSTS
- NO REIMBURSEMENT SHALL BE PROVIDED FOR TRAIL ON THE SOUTH SIDE OF LAKE TRAIL LANE DUE TO
A "NO SIDEWALK" REQUIREMENT ON NORTH SIDE OF LAKE TRAIL LANE
- AT LOCATIONS WHERE TRAIL IS WITHIN STREET RIGHT-OF-WAY, REIMBURSEMENT SHALL BE THE COST
DIFFERENCE BETWEEN A 4' WIDE SIDEWALK AND AN 8' WIDE TRAIL
LOTS FEE/LOT TOTAL
59 $1,000 $59,000
34 $1,500 $51,000
56 $1,500 $84,000
39 $1,500 $58,500
88 $1,500 $132,000
$384,500TOTAL PARK FEE
PHASE 4
PHASE 4
Park Improvement Fees (Paid by Developer)
PHASE 2C
PHASE 3
PHASE 5
PHASE 6
CATEGORY TOTALS
PHASE 5
PHASE 6
CITY, PROFESSIONAL & MISCELLANEOUS FEES
Based on Construction Plans, Dated 4-23-2012
Opinion of Probable Cost Summary
PHASE 3
PHASE 2C
Lakes of Prosper, Park Fee Reimbursement
Town of Prosper, Collin County, Texas
DAA No. 01050B-00 DOWDEY, ANDERSON AND ASSOCIATESpage 5 of 7
Item 9
Total Lots:276 Total Acres:94.8
Prepared:04/26/12 Revised:05/06/13
UNIT COST UNIT QTY TOTAL
($)(-)(± #)($)
8' HIKE & BIKE TRAIL (8' REIMBURSEMENT)3.75$ S.F.11920 44,700.00$
8' HIKE & BIKE TRAIL (4' REIMBURSEMENT)3.75$ S.F.2900 10,875.00$
BARRIER FREE RAMP 1,100.00$ EA.13 14,300.00$
PEDESTRIAN BRIDGE 100,000.00$ L.S.1 100,000.00$
TOTAL 169,875.00$
UNIT COST UNIT QTY TOTAL
($)(-)(± #)($)
8' HIKE & BIKE TRAIL (8' REIMBURSEMENT)3.75$ S.F.6920 25,950.00$
8' HIKE & BIKE TRAIL (NO REIMBURSEMENT)3.75$ S.F.0 -$
BARRIER FREE RAMP 1,100.00$ EA.3 3,300.00$
TOTAL 29,250.00$
UNIT COST UNIT QTY TOTAL
($)(-)(± #)($)
NO TRAIL S.F.0 -$
TOTAL -$
UNIT COST UNIT QTY TOTAL
($)(-)(± #)($)
8' HIKE & BIKE TRAIL (4' REIMBURSEMENT)3.75$ S.F.1160 4,350.00$
TOTAL 4,350.00$
UNIT COST UNIT QTY TOTAL
($)(-)(± #)($)
8' HIKE & BIKE TRAIL (NO REIMBURSEMENT)3.75$ S.F.0 -$
TOTAL -$
UNIT COST UNIT QTY TOTAL
($)(-)(± #)($)
PROFESSIONAL FEES:
ENGINEERING & STAKING (7%)14,243.25$ LS.1 14,244.00$
TOTAL 14,244.00$
PHASE 4
CITY, PROFESSIONAL & MISCELLANEOUS FEES
Opinion of Probable Cost
Town of Prosper, Collin County, Texas
PHASE 6
PHASE 5
Lakes of Prosper, Park Fee Reimbursement
PHASE 3
PHASE 2C
Based on Construction Plans, Dated 4-23-2012
DAA No. 01050B-00 DOWDEY, ANDERSON AND ASSOCIATESpage 6 of 7
Item 9
page 7 of 7
Item 9
TOWN OF PROSPER, TEXAS RESOLUTION NO. 13-34
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 PARK
IMPROVEMENT FEE AGREEMENT FOR PARK IMPROVEMENTS IN
LAKES OF PROSPER, PHASES 2C, 3, 4, 5, AND 6, BETWEEN
FORESTAR GROUP, INC., AND THE TOWN OF PROSPER, TEXAS.
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 Park
Improvement Fee Agreement for park improvements in Lakes of Prosper, Phases 2C, 3,
4, 5, and 6, between Forestar Group, Inc., and the Town of Prosper, Texas, as hereto
attached.
SECTION 2
This Resolution shall take effect immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS, THIS THE 28TH DAY OF MAY, 2013.
_________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Robyn Battle, Town Secretary
Item 9
Item 9
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Executive Director of Development
and Community Services
Cc: Harlan Jefferson, Town Manager
William Mitchell, M.S., CPRP, Parks and Recreation Manager
Michael Bulla, CIP Project Manager
Re: Town Council Meeting – May 28, 2013
Date: May 20, 2013
Agenda Item:
Consider and act upon 1) a Landscape Architectural and Engineering Design Services
Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the
design of Cockrell Park; 2) adopting Resolution No. 13-35; and, 3) authorizing the Town
Manager to execute same.
Description of Agenda Item:
Freese and Nichols, Inc., (FNI) will perform professional Landscape Architectural and
Engineering Design Services to include concept design and the development of complete
construction documents for the proposed park improvements at Cockrell Park. The proposed
design includes the following park improvements:
1. Site grading to maximize area for multipurpose practice fields.
2. Two ball field backstops.
3. Field lighting at northwest corner to be designed and included as an alternate bid item.
4. Black vinyl coated chain link fence along Prosper Trail.
5. Eight-foot perimeter hike and bike trail with trail markers.
6. Planting of landscaping and trees.
7. Site furnishing and storm drainage.
FNI will prepare final construction documents for the purpose of bidding and construction of the
park improvements in accordance with the Town’s program and budget for the park for a fee not
to exceed $81,351.
Budget Impact:
The $81,351 for the design of Cockrell Park is to be funded by the Park Dedication Fee Fund.
There are currently no funds budgeted for the construction of the improvements estimated at
around $937,000. Town staff will be applying for a Collin County grant in July 2013, for the
maximum amount of $500,000 to be used towards the design and construction of the
improvements.
PARKS &
RECREATION
Prosper is a place where everyone matters.
Item 10
Page 2 of 2
Legal Obligations and Review:
The contract is a standard engineering services agreement previously approved by the Town
Attorney.
Attached Documents:
1. Landscape Architectural and Engineering Design Services Agreement
2. Resolution
3. Concept Plan
4. Project Cost Estimate
Parks & Recreation Board Recommendation:
On April 11, 2013, the Parks & Recreation Board recommended the Town Council approve the
Landscape Architectural and Engineering Design Services Agreement with Freese and Nichols,
Inc., related to the design of Cockrell Park by a vote of 5-0.
Town Staff Recommendation:
Town staff recommends the Town Council 1) approve a Landscape Architectural and
Engineering Design Services Agreement between Freese and Nichols, Inc., and the Town of
Prosper, Texas, related to the design of Cockrell Park; 2) adopt Resolution No. 13-35; and, 3)
authorize the Town Manager to execute same.
Motion: I move to approve Resolution No. 13-35, authorizing the Town Manger to execute a
Landscape Architectural and Engineering Design Services Agreement with Freese and Nichols,
Inc., for the design of Cockrell Park.
Item 10
Town of Prosper, Texas – Cockrell Park Professional Services Agreement Page 1 of 35
AGREEMENT
BETWEEN
THE TOWN OF PROSPER, TEXAS (TOWN)
AND
FREESE AND NICHOLS, INC. (CONSULTANT)
FOR
LANDSCAPE ARCHITECTURAL AND ENGINEERING
DESIGN SERVICES
Made as of the _____ day of _________________ in the year Two Thousand Thirteen:
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.
6136 Prosper Square Blvd., Suite 200
Prosper, Texas 75034
Telephone: (972) 624-9200
for the following Project: Cockrell Park
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 a Cockrell Park, hereinafter referred to as
“Project;” and
WHEREAS, the Consultant desires to render such Landscape Architectural
and Engineering Services for the Town upon the terms and conditions provided
herein.
Item 10
Town of Prosper, Texas – Cockrell Park Professional Services Agreement Page 2 of 35
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
all purposes, but in no event shall the Project be completed any later than 180
days from Notice to Proceed.
Item 10
Town of Prosper, Texas – Cockrell Park Professional Services Agreement Page 3 of 35
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 Sum
Fee, for an amount not to exceed Eighty One Thousand Three Hundred and Fifty
One and 00/100 Dollars ($81,351.00), (“Consultant’s Fee”) and shall be paid in
accordance with Article 3 and the Compensation Schedule / Project Billing /
Project Budget as set forth in Exhibit “B.”
3.1.1 Completion of Record Documents – Town and Consultant agree that
the completion of the Record Documents and/or “As-Built” Documents,
including hard copy formatting and electronic formatting, shall be
completed, submitted to, and accepted by the Town prior to payment of
the final five percent (5%) of the Consultant’s Fee, or Four Thousand and
Sixty Seven and 55/100 Dollars ($ 4,067.55). 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.
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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
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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
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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 Four Thousand and Sixty Seven and
55/100 Dollars ($ 4,603.55) 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.”
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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
Name Position Hourly Rate
--
--
--
--
--
--
--
--
--
--
Principal
Project Manager
Senior Engineer / Senior Landscape Architect
Project Engineer
E.I.T.
Senior Environmental Scientist
Environmental Scientist
Landscape Architect
Design / Cad Technician
Clerical
$200.00
$165.00
$185.00
$140.00
$115.00
$160.00
$115.00
$100.00
$ 90.00
$ 70.00
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.
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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
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
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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.
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
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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.
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
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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.
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
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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.
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
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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 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
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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.
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:
Harlan Jefferson
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:
Trish Hatley
Freese and Nichols, Inc.
1701 N. Market Street, Suite 500
Dallas, Texas 75202
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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.
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.
Item 10
Town of Prosper, Texas – Cockrell Park Professional Services Agreement Page 16 of 35
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
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.
Item 10
Town of Prosper, Texas – Cockrell Park Professional Services Agreement Page 17 of 35
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 Freese and Nichols, Inc.
By: _____________________________ By: ____________________________
Harlan Jefferson
Title: _Town Manager________________ Title: ___________________________
Item 10
Town of Prosper, Texas – Cockrell Park Professional Services Agreement Page 18 of 35
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 HARLAN
JEFFERSON, 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 CAPATOWN THEREIN STATED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS _____ DAY OF
_____________________, 2013.
________________________________________________
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 CAPATOWN THEREIN STATED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS _____ DAY OF
______________________, 2013.
________________________________________________
NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS
My commission expires: ____________________________
Item 10
EXHIBIT “A”
SCOPE OF SERVICES
Town of Prosper, Texas – Cockrell Park Professional Services Agreement Page 19 of 35
Agreement by and between the Town of Prosper, Texas (Town)
and Freese and Nichols, Inc. (Consultant)
to perform Landscape Architectural and Engineering Design Services for
Cockrell Park
I. PROJECT DESCRIPTION
Freese and Nichols, Inc. (“FNI”) will perform professional design services for the Town
of Prosper (“Town”) for developing construction documents for the park improvements
for Cockrell Park in Prosper, Texas. FNI will prepare final construction documents for
the park improvements for the purpose of bidding the work in accordance with Town
standards and budgets, as well as federal, state and local laws.
This scope of work includes professional landscape architectural, and engineering
design services. The proposed park improvements, scope of work and fee schedule is
based upon the Town’s park program and an approximate construction budget of
$915,400.00 as identified by the Town in their Preliminary Program & Budget
Projections dated February 28, 2012 as developed between the Town and FNI.
II. TOPOGRAPHIC SURVEY AND PLATTING
A. TOPOGRAPHIC SURVEY
1. FNI will be provided from the Town a current boundary survey and
any information for the existing site, if readily available.
2. FNI will perform a topographic survey for the site, including all
manmade structures, trees with 6” caliper or greater, above ground
site features & visible utilities.
3. FNI will also establish 3 on-site temporary benchmarks for use the
preparation of the construction documents.
4. FNI will prepare a digital topographic survey map at 1’ contour
intervals for use as the existing site conditions. This map will also
include spot elevations for items listed in #2 as needed to
accurately depict the site.
Item 10
EXHIBIT “A”
SCOPE OF SERVICES
Town of Prosper, Texas – Cockrell Park Professional Services Agreement Page 20 of 35
III. CONSTRUCTION DOCUMENTS
A. BASE MAPPING AND PROGRAM DEVELOPMENT
1. FNI will conduct a walk-through of the site and general area with
the Town to visually inventory the existing site features, both on-site
and off-site.
2. FNI will utilize the topographic survey information for Cockrell Park,
as prepared by FNI in this scope of services. The Town will also
provide FNI any readily available information required to perform
this Scope of Services for on-site and off-site conditions including,
but not limited to: above and below ground utilities; easements;
property lines; right-of-ways, subdivision layouts, roadways,
vegetation, soils/geotechnical information, hydrology/drainage
information, etc. Based upon the existing survey and additional
information provided by the Town, FNI will prepare an existing
conditions base map(s) for use in Concept Design, Design
Development and Final Construction Documents. Should any
additional site survey information be necessary, the Town will be
responsible for providing this information.
3. During the base mapping, FNI will meet with the Town staff to
discuss the park improvement Program and specifically define the
Town’s goals for the park development. This meeting will also
confirm the final budget allocation by the Town for the construction
of the park improvements.
Task A Deliverables:
Existing Conditions Base Maps
Park Development Program
Preliminary Program Budget Projections
B. PRELIMINARY DESIGN CONCEPT PLAN
1. Based on the Town approved vision, goals and program, FNI will
prepare a Preliminary Design Concept Plan for the proposed park
improvements.
2. FNI will attend one (1) meeting with the Town to review the
Preliminary Design Concept Plan to confirm the overall design and
obtain Town approval of the plan. During this meeting, FNI team
members will confirm the development goals and program items
and document any potential changes to the program. Should extra
meetings or any public input meetings be required to complete this
task, FNI will review with the Town the required additional fees
necessary to cover the increase in scope of work.
Item 10
EXHIBIT “A”
SCOPE OF SERVICES
Town of Prosper, Texas – Cockrell Park Professional Services Agreement Page 21 of 35
3. FNI will make any necessary changes to the Preliminary Design
Concept Plan resulting from the review meeting as directed by the
Town. Based upon the approved Preliminary Design Concept Plan,
FNI will prepare a Preliminary Cost Estimate for the proposed
improvements.
4. FNI will attend one (1) meeting with the Town to review the
approved Preliminary Design Concept Plan and Cost Estimate to
confirm the overall design and obtain Town approval before
proceeding into the Design Development phase of work. If the
Town substantially, as solely determined by the Town, increases
the program and construction budget, FNI will review with the Town
the required additional fees necessary to cover the increase in
scope of work. FNI will not proceed into the Design Development
phase until the final program, cost estimates, and consultant design
fees have been approved in writing by both FNI and the Town.
5. FNI will prepare a final concept plan which will be for the Town to
use as a guide for the design development phase of the project.
Task B Deliverables:
Preliminary Design Concept Plan
Preliminary Design Cost Estimate
C. DESIGN DEVELOPMENT
1. Based upon approval of the Preliminary Design Concept plan from
the Town, FNI will prepare Design Development drawings for the
proposed park improvements. The Design Development drawings
will be prepared at an approximate 60% level of completion of
Construction Documents.
2. The Town will provide to FNI all front end documents, contracts,
insurance requirements, general conditions, etc. for use by FNI in
preparing the specifications and contract documents.
3. Based upon the Design Development drawings, FNI will prepare a
60% completion cost estimate for the proposed park improvements.
4. FNI will prepare a preliminary Table of Contents for the
specifications and contract documents.
5. FNI will submit the Design Development drawings, Cost Estimate
and Table of Contents for the specifications and contract
documents to the Town for review and approval.
6. The Town will forward, in writing, to FNI all review comments for the
Design Development drawings submittal. FNI will obtain these
Item 10
EXHIBIT “A”
SCOPE OF SERVICES
Town of Prosper, Texas – Cockrell Park Professional Services Agreement Page 22 of 35
comments and approval from the Town prior to proceeding into the
final construction documents.
Task C Deliverables:
Design Development drawings
Table of Contents for contract documents booklet
Design Development Cost Estimate
D. FINAL CONSTRUCTION DOCUMENTS
1. Based upon approval from the Town for the Design Development
drawings submittal, FNI will prepare 100% final Construction
Documents for the Town to utilize in bidding the project. The
Construction Documents will be comprised of both the drawings
and the specifications and contract documents.
2. Based upon the Final Construction Documents, FNI will prepare a
final cost estimate for all the proposed park improvements.
3. FNI will submit the final Construction Documents to the Texas
Department of Licensing and Regulation (TDLR) for the State
required accessibility review. The accessibility review will include
compliance with TAS and ADA requirements. Fees associated with
this review will be included as a reimbursable expense.
Task D Deliverables:
100% Construction Documents
Final Cost Estimate
Submission of Construction Documents for TDLR review
E. BID PHASE
1. FNI will attend a pre-bid meeting with Town representatives and the
potential bidders.
2. FNI will prepare addendum(s), if required, during the bid phase.
3. FNI will assist the Town in reviewing the Contractor’s bids and
providing a Bid Tabulation and a recommendation to the Town for
award of contract.
Task E Deliverables:
Bid Tabulation
Review of contractor’s bids and letter of recommendation for award of
contract
Item 10
EXHIBIT “A”
SCOPE OF SERVICES
Town of Prosper, Texas – Cockrell Park Professional Services Agreement Page 23 of 35
F. CONSTRUCTION ADMINISTRATION
1. FNI will assist the Town by attending a pre-construction meeting.
Any other meetings during construction to evaluate completion of
work by the Contractor can be provided by FNI as an additional
service and approved by the Town in writing. The Town will be
responsible for the day-to-day administration of the construction
contract.
2. FNI will prepare a written Field Report as necessary for meetings
attended during the construction of the project.
3. FNI will process submittal and shop drawing reviews as submitted
by the Contractor during the construction process. Pay applications
will also be reviewed each month by FNI and will then be forwarded
to the Town with the appropriate recommendation.
4. FNI will assist the Town in attending one (1) final project walk-
through meeting with the Contractor and his subcontractors to
review the completion of work. FNI will provide written comments
to the Town for the preparation of a final “punch list” for work to be
completed by the Contractor.
Task F Deliverables:
Field reports for meetings/reviews as necessary
Processing of submittals and RFI’s
Final punch list from the final project walk-thru
G. STORM WATER POLLUTION PREVENTION PLAN (SWPPP)
1. In conjunction with the completion of the Final Construction
Documents, FNI will prepare a Storm Water Pollution Prevention
Plan (SWPPP) for the proposed site. Any other environmental
engineering services would be considered additional services.
IV. ASSUMPTIONS
A. The Town has designated a construction budget of approximately
$915,400.00 for the Cockrell Park improvements. Should this construction
budget increase, as solely determined by the Town, or should the Town
require a significant number of alternate bid items to be included in the
construction document package, FNI and the Town staff will re-evaluate
this scope of work and determine the basis of compensation in
accordance with revisions to the design services.
Item 10
EXHIBIT “A”
SCOPE OF SERVICES
Town of Prosper, Texas – Cockrell Park Professional Services Agreement Page 24 of 35
B. The Town will provide as expeditiously as possible all readily available
base information, that it currently has in its possession, necessary to
complete the Scope of Services described herein. Should FNI need any
additional survey information, the Town will provide this information to FNI.
Any information required to complete this Scope of Services that cannot
be readily provided by the Town will remain the responsibility of the Town.
All such information shall be provided to FNI and any costs associated
with acquisition of information will be borne by the Town.
C. This Scope of Services does not include water permitting related to the
following agencies: U.S. Army Corps of Engineers 404 Permitting; Federal
Emergency Management Agency (FEMA) map revision preparation and
processing; Texas Commission on Environmental Quality (TCEQ) permits
or applications with exclusions.
D. It is anticipated that the park design will be prepared as one bid package.
If additional bid packages are required by the Town for phasing breakouts,
FNI will re-evaluate the scope of services to address additional fees not
covered in this scope of work.
Item 10
EXHIBIT “B”
COMPENSATION SCHEDULE / PROJECT BILLING / PROJECT BUDGET
Town of Prosper, Texas – Cockrell Park Professional Services Agreement Page 25 of 35
Agreement by and between the Town of Prosper (Town)
and Freese and Nichols, Inc. (Consultant)
to perform Landscape Architectural and Engineering Design Services for
Cockrell Park
I. BASIS OF COMPENSATION
The cost for performing these services set forth herein is based upon an approximate
construction budget of $915,400 and will be as follows:
Topographic Survey and Platting
A. Topographic Survey (Lump Sum) ........................................................... $3,680.00
Total Topographic Survey and Platting ......................................................... $3,680.00
Basic Design Services
A. Base Mapping and Program Development (Lump Sum) ........................ $6,512.00
B. Preliminary Design Concept Plan (Lump Sum) ...................................... $6,772.00
C. Design Development (Lump Sum) ........................................................ $20,724.00
D. Final Construction Documents (Lump Sum) ......................................... $28,133.00
E. Bid Phase (Lump Sum) .......................................................................... $4,070.00
F. Construction Administration (Lump Sum) ............................................... $5,200.00
Total Basic Design Services ........................................................................ $71,411.00
G. Storm Water Pollution Prevention Plan (SWPPP) (Lump Sum).............. $3,260.00
H. Reimbursable Expenses (Not-to-Exceed) .............................................. $3,000.00
TOTAL - Topographic Survey, Basic Design Services, SWPPP, and
Reimbursable Fee (Not-to-Exceed) .............................................. $81,351.00
Reimbursable Expenses will be additional to the Basic Design Services cost and shall
be in compliance with Exhibit D.
Item 10
EXHIBIT “B”
COMPENSATION SCHEDULE / PROJECT BILLING / PROJECT BUDGET
Town of Prosper, Texas – Cockrell Park Professional Services Agreement Page 26 of 35
II. PROJECT SCHEDULE
Construction Documents to be 100% complete and delivered to the Town within 180
days after Notice-to-Proceed is given to FNI by the Town.
III. ADDITIONAL SERVICES
Additional Services, not included in this Scope of Services, will be negotiated with the
Town as necessary. Compensation will be based upon either a mutually agreed lump
sum fee or on an hourly basis. Items which would be considered Additional Services
could include: additional site surveying, geotechnical investigation, design of additional
program items beyond what has been identified by the Town for the Park
improvements, alternate bid items, additional meetings with Town Staff and/or
presentation to other groups, additional site visits during construction activity, etc.
Item 10
EXHIBIT “C”
TOWN OF PROSPER
GUIDELINES FOR COMPUTER AIDED DESIGN AND DRAFTING (CADD)
Town of Prosper, Texas – Cockrell Park Professional Services Agreement Page 27 of 35
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.
Item 10
EXHIBIT “D”
TOWN OF PROSPER GUIDELINES FOR DIRECT EXPENSES; GENERAL AND
ADMINISTRATIVE MARKUP; TRAVEL AND SUBSISTENCE EXPENSES
Town of Prosper, Texas – Cockrell Park Professional Services Agreement Page 28 of 35
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
Item 10
EXHIBIT “D”
TOWN OF PROSPER GUIDELINES FOR DIRECT EXPENSES; GENERAL AND
ADMINISTRATIVE MARKUP; TRAVEL AND SUBSISTENCE EXPENSES
Town of Prosper, Texas – Cockrell Park Professional Services Agreement Page 29 of 35
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.
Item 10
EXHIBIT “D”
TOWN OF PROSPER GUIDELINES FOR DIRECT EXPENSES; GENERAL AND
ADMINISTRATIVE MARKUP; TRAVEL AND SUBSISTENCE EXPENSES
Town of Prosper, Texas – Cockrell Park Professional Services Agreement Page 30 of 35
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.
Item 10
EXHIBIT “E”
TOWN OF PROSPER CONTRACTOR INSURANCE GUIDELINES
Town of Prosper, Texas – Cockrell Park Professional Services Agreement Page 31 of 35
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.
Item 10
EXHIBIT “E”
TOWN OF PROSPER CONTRACTOR INSURANCE GUIDELINES
Town of Prosper, Texas – Cockrell Park Professional Services Agreement Page 32 of 35
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):
Item 10
EXHIBIT “F”
AFFIDAVIT
Town of Prosper, Texas – Cockrell Park Professional Services Agreement Page 33 of 35
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 _____________________, 2013.
_____________________________________
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 ________________________,
2013.
_____________________________________
Notary Public in and for the State of Texas
My commission expires: __________________
Item 10
EXHIBIT “G”
CONFLICT OF INTEREST QUESTIONNAIRE, FORM CIQ
Town of Prosper, Texas – Cockrell Park Professional Services Agreement Page 34 of 35
Item 10
EXHIBIT “G”
CONFLICT OF INTEREST QUESTIONNAIRE, FORM CIQ
Town of Prosper, Texas – Cockrell Park Professional Services Agreement Page 35 of 35
Item 10
TOWN OF PROSPER, TEXAS RESOLUTION NO. 13-35
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 LANDSCAPE
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES
AGREEMENT FOR THE DESIGN OF COCKRELL PARK, BETWEEN
FREESE AND NICHOLS, INC., AND THE TOWN OF PROSPER,
TEXAS.
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 Landscape
Architectural and Engineering Design Services Agreement for the design of Cockrell
Park, between Freese and Nichols, Inc., and the Town of Prosper, Texas, as hereto
attached.
SECTION 2
This Resolution shall take effect immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS, THIS THE 28TH DAY OF MAY, 2013.
_________________________
Ray Smith, Mayor
ATTEST:
___________________________
Robyn Battle, Town Secretary
Item 10
Item 10
Cockrell Neighborhood Park
Prosper, Texas
Preliminary Program & Budget Projections
May 20, 2013
No.Item Description Quantity Unit Unit Price Subtotal
1. SITE DEVELOPMENT/GRADING
A. Site Grading 18,900 CY $6.00 $113,400
(Move avg. 1.5' over 340,000 sf on-site,
clearing, grubbing, etc.)
TOTAL $113,400
2. PARK ELEMENTS
A. Ball Field Backstop 2 EA $5,000.00 $10,000
B. Open Space Lighting 1 LS $100,000.00 $100,000
(NW corner of site between Prosper Trail and
Transmission Line Easement- 4 Poles)
C. Chain Link Fence 660 LF $20.00 $13,200
(4' Vinyl-coated with Concrete Mow-Strip)
D. Perimeter Loop Trail (8' wide Concrete)2,350 LF $32.00 $75,200
E. Trail Markers 2 LF $1,500.00 $3,000
F. Plaza Area at Playground 1 LS $8,000.00 $8,000
G. Turf Establishment-Open Space 340,000 SF $0.50 $170,000
H. Irrigation -Open Space 340,000 SF $0.40 $136,000
I. Landscape Development 1 LS $10,000.00 $10,000
(Trees, etc.)
J. Site Furnishings 1 LS $6,000.00 $6,000
(Benches, etc.)
TOTAL $531,400
Cockrell Neighborhood Park CE- Revised 2-28.xls Page 1 of 2
Item 10
3. MISCELLANEOUS
A. Electrical Service 1 LS $150,000.00 $150,000
B. Site Storm Drainage 1 LS $15,000.00 $15,000
C. Water Service 1 LS $5,000.00 $5,000
(Irrigation, Drinking Fountain, etc.)
TOTAL $170,000
A.SUMMARY OF CONSTRUCTION TOTALS:
1. SITE DEVELOPMENT/GRADING 113,400
2. PARK ELEMENTS 531,400
3. MISCELLANEOUS 170,000
TOTAL
BASE TOTAL $814,800
+ 15% CONTINGENCY $122,220
CONSTRUCTION TOTAL $937,020
A/E FEES (Approx. 10% OF CONSTRUCTION)$81,351
OWNERS COST (Testing, misc., etc.)$10,000
GRAND TOTAL $1,028,371
Cockrell Neighborhood Park CE- Revised 2-28.xls Page 2 of 2
Item 10
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Executive Director of Development
and Community Services
Cc: Harlan Jefferson, Town Manager
William Mitchell, M.S., CPRP, Parks and Recreation Manager
Michael Bulla, CIP Project Manager
Re: Town Council Meeting – May 28, 2013
Date: May 20, 2013
Agenda Item:
Consider and act upon 1) an application to the Collin County Parks & Open Space Project
Funding Assistance Program; 2) adopting Resolution No. 13-36; and, 3) authorizing the Town
Manager to execute same.
Description of Agenda Item:
The Collin County Parks & Open Space Project Funding Assistance Program has been in place
since 1999, utilizing County bond funds to assist local municipalities in acquisition of land for
parks, construction of hike and bike trails, and capital improvements to improve park land. The
funding assistance matches the Town’s dollars and in-kind donations at a 1:1 ratio. In the past,
the Town of Prosper has been awarded assistance for capital improvements at Folsom Park,
acquisition of park land for Frontier Park and Creek Crossing Community Park, 1,500 linear feet
of hike and bike trail in La Cima and capital improvements at Frontier Park.
The estimated design and construction costs for the improvements at Cockrell Park are
$1,028,000. The Town of Prosper is requesting the maximum matching funding of $500,000.
Budget Impact:
The requested amount from the Collin County Funding Assistance Program is $500,000. Park
Dedication Funds could be utilized to match the Collin County funds and cover any additional
costs beyond the funds approved.
Legal Obligations and Review:
There are no legal obligations or review by the Town Attorney required.
Attached Documents:
1. Collin County Parks & Open Space Project Funding Assistance Program Application
2. Resolution
3. Concept Plan
PARKS &
RECREATION
Prosper is a place where everyone matters.
Item 11
Page 2 of 2
Parks & Recreation Board Recommendation:
On May 9, 2013, the Parks & Recreation Board recommended the Town Council approve a
resolution supporting application to the Collin County Parks & Open Space Funding Assistance
Program for improvements at Cockrell Park by a vote of 5-0.
Town Staff Recommendation:
Town staff recommends the Town Council 1) approve an application to the Collin County Parks
& Open Space Project Funding Assistance Program; 2) adopt Resolution No. 13-36; and, 3)
authorize the Town Manager to execute same.
Motion: I move to approve Resolution No. 13-36, authorizing the Town Manger to execute an
application to the Collin County Parks & Open Space Project Funding Assistance Program for
Cockrell Park.
Item 11
Project Funding Assistance Program 1
Collin County
Parks and Open Space
Project Funding Assistance Program
Application
Please use Arial Font size 11 and submit a signed original Application and 12 photocopies
stapled and pages numbered. Please no cover pages, this should be Page 1.
SECTION 1: APPLICANT AND PROJECT INFORMATION
1. Project Applicant Information
Applicant – (Legal Name):
Town of Prospe r
Project Contact Name/Title:
Will Mitchell, Parks and Recreation Manager
Complete Mailing Address:
Town of Prosper
PO Box 307
Prosper, TX 75078
Telephone Number:
(972) 346-3502
Fax Number:
(972) 347-9006
E-mail Address:
william_mitchell@prospertx.gov
Federal Tax Identification Number:
75-6000642
Date Resolution Signed:
May 28, 2013
2. Project Title:
Cockrell Park
3. Brief Description of Purpose of Project:
The project consists of the design and construction of improvements to neighborhood
park. The park is adjacent to Cockrell Elementary and improvements consist of site
grading, hike & bike trail, backstops and landscaping for active recreational uses.
4. General Project Information:
a. Please check the one category this application addresses:
Land Acquisition for Parks and Open Space
Regional Trail Connector or Trail Project
Facilities (Capital) Improvements for Parks and Open Space
b. Amount of Funding Requested:
$ 500,000
c. Total Project Costs:
$ 1,028,000
d. Start Date of Project:
06/01/13
e. End Date of Project:
09/30/14
5. Authorized Signature (signatory must have contract signing authority):
Signature:
Title: Town Manager
Print Name: Harlan Jefferson
Date: 05/29/13
Item 11
Project Funding Assistance Program 2
SECTION 2: AUTHORIZED REPRESENTATIVE
The Applicant hereby designates the individual named below as the person authorized to act on behalf of
the Applicant.
Authorized Project Representative: The following person is authorized to receive direction, manage
work performed, sign required reports, and other acts on behalf of the Applicant.
Signature:
Parks and Recreation Manager Title:
Will Mitchell Printed Name:
(972) 346-3502 Phone Number:
Town of Prosper
PO Box 307
Prosper, TX 75078 Address:
william_mitchell@prospertx.gov E-mail Address:
Has Collin County previously provided funding for this Project?
Yes No
For Collin County Parks Foundation Advisory Board Use Only
Does the proposed project advance the mission of the County Parks /Open Space Strategic Plan? ___ yes ___no
Is the application administratively complete? ______ Yes ______ No
Did the applicant receive funding for this project in previous years? _____ yes ____ no (If yes, were they
successful in the timely completion of the project? _____ yes ______ no
Item 11
Project Funding Assistance Program 3
SECTION 3: CERTIFICATIONS AND ASSURANCES
1. Certifications
In order to receive funding under this program, the proposed project goals must be similar to and
support or advance the mission published in the Collin County Parks and Open Space Strategic
Plan (October 2001). By signing this Application, the person acting on behalf of the Applicant
makes the certifications below.
a. Authority to Sign Application
The person signing this Application hereby certifies that he/she is the official contact
regarding this Application and has authority from the Applicant to sign the Application and
that such authority will bind the Applicant in subsequent agreements.
b. Application Contains No False Statements
The Applicant certifies that this Application has no false statements and that the Applicant
understands that signing this Application with a false statement is a material breach of
contract and shall void the submitted Application and any resulting contracts.
c. This is a Reimbursement Program
Applicants must have a minimum dollar for dollar in matching funds, comprised of direct
cash, value of land to be improved, donated labor, material or in-kind services for the
project being proposed. Under special circumstances at the recommendation of the
Parks Foundation Advisory Board and approval by the Commissioners’ Court, a direct
payment may be considered.
d. Eligible Applicants
The Applicant must be a 501(c)(3) tax exempt organization, non-political group or any unit
of local government, including municipalities, school districts, or county located in Collin
County, Texas. Faith-based organizations are eligible to apply as long as inherently
religious activities, such as worship and religious instructions are not conducted.
e. Technical Feasibility
The Applicant certifies that he/she has carefully reviewed the Project Narrative and Action
Plan. To the best of their knowledge all activities are technically feasible and can be
satisfactorily completed within the time frame proposed.
f. Costs Reasonable and Necessary
The Applicant certifies to the best of their knowledge that the proposed activities and the
expenses outlined in the Budget are reasonable and necessary to accomplish the project
objectives, and the proposed expenses are consistent with the costs of comparable goods
and services.
2. Assurances
a. Compliance with Progress and Result Reporting
Applicant provides assurances that, if funded, the Applicant will comply with the
requirements for reporting: reporting on the progress of the project activities and
deliverables on a quarterly basis; providing before, during and after photos; and promptly
notifying the Parks Foundation Advisory Board of any changes in plans.
b. Financial Management
Applicant provides assurances that, if funded, the Applicant will comply with contractual
provisions and requirements necessary to ensure that expenses are reasonable and
necessary, and to adhere to financial administration and reimbursement procedures and
provide financial reports on a schedule established by Collin County.
c. Accessibility
Applicant provides assurances that, if funded, the park or proposed improvements will be
accessible to all County residents.
d. Compliance with Americans with Disabilities Act
Applicant provides assurances that, if funded, the Applicant will comply with all applicable
requirements of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101-12213
(Pamphlet 1995).
Item 11
Project Funding Assistance Program 4
SECTION 4: PROJECT COSTS AND ELEMENTS
Name of Applicant: Town of Prospe r
Project Name: Cockrell Park
Either use this form or create an Excel spreadsheet using this format
Item
No.
Description U/M Quantity Unit Cost Total Requested
Amount
Match
Amount
1 Design, Survey, Testing LS 1 91351 91351 45675 45676
2 Site Grading and Drainage LS 1 147660 147660 73830 73830
3 Ball Field Backstops EA 2 5750 11500 0 11500
4 Field Lighting LS 1 287500 287500 143750 143750
5 Perimeter Fence LF 660 23 15180 7590 7590
6 Hike and Bike Trail LF 2350 36.8 86480 43240 43240
7 Trail Markers EA 2 1725 3450 0 3450
8 Plaza Area at Playground LS 1 9200 9200 4215 4985
9 Turf Establishment SF 3400 0.575 195500 97750 97750
10 Landscaping (Trees, etc) LS 1 11500 11500 5750 5750
11 Irrigation SF 3400 0.46 156400 78200 78200
12 Benches, Drinking Fountain LS 1 12650 12650 0 12650
Project Total 1,028,371 500,000 528,371
Hulon T. Webb Jr., P.E. Prepared By:
Executive Director of Dev. and Com. Services Title:
Town of Prosper
PO Box 307
Prosper, TX 75078 Address:
(972) 346-3502 Phone Number:
hulon_webb@prospertx.gov E-mail Address:
06/20/13 Date Prepared:
Item 11
Project Funding Assistance Program 5
SECTION 5: RESOLUTION
The sponsoring entity (governing board) must approve a resolution authorizing the project application
submittal and designation of project official/representative. A copy of the resolution must be included in
this application. Insert photocopy of signed resolution.
SECTION 6: PROJECT NARRATIVE
(No more than 5 pages, single spaced, Arial 11 font)
SECTION 7: LOCATION MAPS, SITE PHOTOS, PROJECT SKETCHES, etc.
SECTION 8: LETTERS OF COMMITMENT
(Provide photocopy)
SECTION 9: EVIDENCE OF NON-PROFIT STATUS
(Photocopy of Current Valid IRS Tax Exemption Certificate if non-governmental agency)
Item 11
TOWN OF PROSPER, TEXAS RESOLUTION NO. 13-36
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
APPLICATION TO THE COLLIN COUNTY PARKS & OPEN SPACE
PROJECT FUNDING ASSISTANCE PROGRAM FOR COCKRELL
PARK.
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 application to
the Collin County Parks & Open Space Project Funding Assistance Program for Cockrell
Park, as hereto attached.
SECTION 2
This Resolution shall take effect immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS, THIS THE 28TH DAY OF MAY, 2013.
_________________________
Ray Smith, Mayor
ATTEST:
___________________________
Robyn Battle, Town Secretary
Item 11
Item 11
To: Mayor and Town Council
From: Matthew B. Garrett, Finance Director
CC: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 28, 2013
Date: May 20, 2013
Agenda Item:
Consider and act on the Fiscal Year 2013-2014 Budget Calendar and any related special
meeting dates.
Description of Agenda Item:
As part of the budget planning process, staff builds a budget calendar that complies with the
various laws governing municipal budgeting, truth in taxation and open meetings. Staff will
discuss some of the limiting factors.
The item is before you for discussion and approval as staff needs direction on setting a firm date
for any special-called Town Council meetings. Based on publishing requirements, staff has
drafted a calendar that would require only one special-called meeting.
Attached Documents:
1. Draft Budget Calendar
Town Staff Recommendation:
Town staff recommends that the Town Council discuss the tentative calendar and set one or
more special meetings as may be required for public hearings regarding the tax rate.
Motion: I move to schedule a special meeting of the Prosper Town Council on (DATE) at
(TIME) to be held here in the Prosper Municipal Chambers.
Prosper is a place where everyone matters.
ADMINISTRATION
Item 12
DRAFT Tax Year 2013, FY13-14 Budget Planning Calendar
Thursday, July 25, 2013 Deadline for chief appraiser to certify rolls to taxing units
Thursday, August 01, 2013 Certification of anticipated collection rate by collector
Friday, August 02, 2013 Calculation of effective and rollback tax rates
Wednesday, August 07, 2013 Publication of effective and rollback tax rates, statement and schedules; submission to governing body.
Friday, August 09, 2013 72-Hour notice for meeting (Open Meetings Notice)
Tuesday, August 13, 2013 Meeting of governing body to discuss tax rate; if proposed tax rate will exceed the rollback rate or the
effective tax rate (whichever is lower), take record vote and schedule public hearing.
Town Manager presents Proposed Budget for next fiscal year.
Thursday, August 15, 2013 Deadline for Town Manager to submit to the Town Council a budget for the ensuing fiscal year.
Wednesday, August 21, 2013 Notice of Public Hearing on Tax Increase is the first quarter-page notice in newspaper and on TV and
Web site, if available, published at least seven (7) days before public hearing.
08/23, 8/26 or 08/27 Notice for Special-Called Meeting, 72-Hour notice for public hearing (Open Meetings Notice)
I I I
08/28, 8/29 or 08/30 Special-Called Meeting, First Public Hearing
Friday, September 06, 2013 72-Hour notice for second public hearing (Open Meetings Notice),
Tuesday, September 10, 2013 Second public hearing; schedule and announce meeting to adopt tax rate 3 to 14 days from this date.
Wednesday, September 11, 2013 Notice of Vote on Tax Rate published before meeting to adopt tax rate is the second quarter-page notice
in newspaper before meeting and published on TV and Web site (if available, at least seven (7) days
before meeting).
Friday, September 20, 2013 72-Hour notice for meeting at which governing body will adopt tax rate (Open Meetings Notice).
Tuesday, September 24, 2013 Meeting to adopt tax rate. Meeting is 3 to 14 days after second public hearing. Taxing unit must adopt tax
rate before September 30 or 60 days after receiving certified appraisal roll, whichever is later.
Item 12