07.09.2013 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. Announcements of upcoming events.
4. CONSENT AGENDA:
(Items placed on the Consent Agenda are considered routine in nature and are
considered non-controversial. The Consent Agenda can be acted upon in one motion.
A majority vote of the Council is required to remove any item for discussion and separate
action. Council members may vote nay on any single item without comment and may
submit written comments as part of the official record.)
4a. Consider and act upon minutes from the following Town Council meeting. (RB)
Regular Meeting – June 25, 2013
4b. 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)
4c. Consider and act upon adopting Resolution No. 13-44, approving Amendment
No. 9 to an Interlocal Jail Services Agreement with Collin County, and authorizing
the Town Manager to execute same. (RB)
5. 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 -
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
AGENDA
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, July 9, 2013
Meeting begins at 6:00 p.m.
Page 2 of 3
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:
6. Capital Improvement Program update. (MB)
7. Consider and act upon authorizing the Town Manager to execute an Engineering
Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas,
related to the Lower Pressure Plane Water Supply Evaluation. (HW)
8. Consider and act upon approving the Fourth Amendment to the Development and
Financing Agreement between the Town of Prosper and Blue Star Land, L.P., 183 Land
Corp., and Blue Star Allen Land, L.P. (HJ)
9. 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:
9a. Section 551.087. To discuss and consider economic development incentives.
9b. Section 551.072. To discuss and consider purchase, exchange, lease or value
of real property for municipal purposes and all matters incident and related
thereto.
9c. Section 551.071. Consultation with the Town Attorney regarding legal issues
associated with Comprehensive Plan annual update, and all matters incident and
related thereto.
9d. Section 551.071. Consultation with the Town Attorney regarding an Agreement
for the Reduction of the ETJ of the Town of Prosper, by and between the Town of
Prosper and the Town of Little Elm, relative to property generally located west of
FM 1385 and north of Fishtrap Road, and all matters incident and related thereto.
10. To reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
11. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
11a. Comprehensive Plan implementation. (CC)
11b. Executive Development Team format. (CC)
12. Adjourn.
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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 July 5, 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 6:00 p.m.
Council Members Present:
Mayor Ray Smith
Deputy Mayor Pro Tem Kenneth Dugger
Council Member Mike Korbuly
Council Member Curry Vogelsang
Council Member Danny Wilson
Council Member Jason Dixon
Council Members Absent:
Mayor Pro Tem Meigs Miller
Staff Members Present:
Harlan Jefferson, Town Manager
Robyn Battle, Town Secretary
Terrence Welch, Town Attorney
Hulon T. Webb, Jr., Executive Director of Development and Community Services
Chris Copple, Director of Development Services
Kirk McFarlin, Police Chief
Gary McHone, Assistant Police Chief
Baby Raley, Director of Human Resources
Ronnie Tucker, Fire Chief
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Pastor Robin Bolden of Lonestar Christian Fellowship led the invocation. The Pledge of
Allegiance and the Pledge to the Texas Flag were recited.
3. Announcements of upcoming events.
Deputy Mayor Pro Tem Dugger made the following announcements:
On the west side of Preston, First Street will be closing on June 26 for the removal of old
asphalt. Excavation will begin the following day, and the stabilizing of the subgrade
should begin the following week. The intersection at Craig should be reopened in five
weeks.
Motorists may also see brief delays at the Coit and First intersection over the next
couple days as Tiseo’s crews begin liming the intersection.
MINUTES
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, June 25, 2013
6:00 p.m. Regular Meeting
Item 4a
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Sinacola has begun work on the east side of Frontier at Preston. Residents on the north
side of Town are reminded to use Prosper Trail over the next few weeks while Frontier is
closed.
“Friday at the Park” will take place once again on Friday, July 5th, at Frontier Park
Pavilion. This event features an outdoor movie, music, food and entertainment.
Activities start at 6:30 p.m., and the movie “The Lorax” will start at dusk.
4. Presentations.
4a. Presentation of a meritorious service medal to a Town of Prosper police
officer. (GM)
Mayor Smith, Police Chief McFarlin and Assistant Police Chief McHone presented a
meritorious service award and certificate to Officer Scott Marshall for his quick and
responsive action in preventing the serious injury or death of a citizen.
5. CONSENT AGENDA
(Items placed on the Consent Agenda are considered routine in nature and are
considered non-controversial. The Consent Agenda can be acted upon in one motion.
A majority vote of the Council is required to remove any item for discussion and separate
action. Council members may vote nay on any single item without comment and may
submit written comments as part of the official record.)
Council Member Korbuly removed Item 5b from the Consent Agenda.
5a. Consider and act upon minutes from the following Council meeting. (RB)
Regular Meeting – June 11, 2013
5c. Consider and act upon an Assignment of Development Agreement by and
among PDC 380 Prosper, Ltd., John E. Papagolos, and Barry T. Milton; and
adopting Resolution No. 13-41 authorizing the Town Manager to
acknowledge same. (HW)
Deputy Mayor Pro Tem Dugger made a motion and Council Member Korbuly seconded
the motion to approve Items 5a and 5c on the Consent Agenda. The motion was
approved by a vote of 6-0.
5b. Consider and act upon authorizing the Town Manager to execute the
amended Memorandum of Understanding (MOU) by and between the Town
of Prosper, Texas, Police Department and the Prosper Independent School
District Police Department. (GM)
Assistant Police Chief Gary McHone answered questions regarding the proposed
Memorandum of Understanding with Prosper Independent School District.
Council Member Korbuly made a motion and Council Member Wilson seconded the
motion to approve Item 5b on the Consent Agenda. The motion was approved by a vote
of 6-0.
Item 4a
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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.)
Bruce Carlin, 921 Grapevine Court, Prosper Texas, spoke regarding the prioritization of
road projects identified as part of the Town’s CIP plan due to safety concerns on some
of the Town’s major roadways.
Shelly Van Blarcum, 820 Bridgeport, Prosper, Texas, offered Council a statement of
thanks to everyone involved in the development of the park at Preston Lakes.
Phil Jones, 720 Whitney Court, Prosper, Texas, thanked the Council for the Town’s work
on the Preston Lakes park area and looks forward to the project’s completion.
There were no other 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.)
DEPARTMENT ITEMS:
Item 7 and Item 8 were presented concurrently.
7. Consider and act upon all matters incident and related to the issuance and sale of
the Town of Prosper, Texas, General Obligation Refunding Bonds, Series 2013,
including the adoption of Ordinance No. 13-42 authorizing the issuance of such
Bonds, approving an Official Statement, a Bond Purchase Agreement, a Paying
Agent/Registrar Agreement, and an engagement letter of Bond Counsel. (HJ)
8. Consider and act upon all matters incident and related to the issuance and sale of
the Town of Prosper, Texas, Combination Tax and Surplus Revenue Certificates of
Obligation, Series 2013, including the adoption of Ordinance No. 13-43 authorizing
the issuance of such Certificates, approving an Official Statement, a Bond
Purchase Agreement, a Paying Agent/Registrar Agreement, and an engagement
letter of Bond Counsel. (HJ)
Jason Hughes, the Town’s financial advisor from First Southwest, presented this item
before Council. The purpose of this refunding is to refinance debt from 2004 and 2012
issuances. Mr. Hughes reviewed a historical comparison of bond prices and yields, and
explained the prior debt structure as well as the updated structure that will be achieved
by the approval of the Series 2013 General Obligation Refunding Bonds and Certificates
of Obligation. The approval of the refunding will reduce the interest cost on the 2004
debt and restructure the timeframe in which the 2012 debt will be repaid.
Item 4a
Page 4 of 5
After discussion, Council Member Vogelsang made a motion and Deputy Mayor Pro
Tem Dugger seconded the motion to approve all matters incident and related to the
issuance and sale of the Town of Prosper, Texas, General Obligation Refunding Bonds,
Series 2013, including the adoption of Ordinance No. 13-42 authorizing the issuance of
such Bonds, approving an Official Statement, a Bond Purchase Agreement, a Paying
Agent/Registrar Agreement, and an engagement letter of Bond Counsel. The motion
was approved by a vote of 6-0.
Council Member Vogelsang made a motion and Deputy Mayor Pro Tem Dugger
seconded the motion to approve all matters incident and related to the issuance and sale
of the Town of Prosper, Texas, Combination Tax and Surplus Revenue Certificates of
Obligation, Series 2013, including the adoption of Ordinance No. 13-43 authorizing the
issuance of such Certificates, approving an Official Statement, a Bond Purchase
Agreement, a Paying Agent/Registrar Agreement, and an engagement letter of Bond
Counsel. The motion was approved by a vote of 6-0.
9. Consider and act upon authorizing the Town Manager to accept in writing an
Agreement by Independent Bank to be bound by the terms and conditions of the
Town’s Bank Depository Services Request for Proposal. (HJ)
Town Manager Harlan Jefferson presented the item before Council. The Town’s five-
year bank depository relationship with Independent Bank will expire on June 30, 2013.
The Town of Prosper solicited sealed proposals for bank depository services from
financial institutions within the Town limits, and staff has completed the review of
responses. Independent Bank met the ten criteria outlined in the Request for Proposal
(RFP), and proposed a fee schedule mirroring the fee schedule in place with the existing
arrangement. The proposed term for the depository services is a two-year period
beginning on July 1, 2013, and ending on June 30, 2015. Town staff recommended
approval of this item.
After discussion, Council Member Wilson made a motion and Council Member Korbuly
seconded the motion to authorize the Town Manager to accept in writing an agreement
by Independent Bank to be bound by the terms and conditions of the Town’s Bank
Depository Services Request for Proposal. The motion was approved by a vote of 6-0.
10. Consider and act upon authorizing the Town Manager to enter into contracts for
employee benefits with United Healthcare for medical and dental group insurance
and Alliance Work Partners to include WellCoach resources and services. (BR)
Baby Raley, Human Resources Director, introduced this item to Council. The Town has
historically provided a competitive and innovative benefits package to employees,
including basic life insurance, accidental death and dismemberment insurance, short-
and long-term disability insurance, major medical (cost shared with employees) and
health savings accounts (HSA). Town Staff solicited Requests for Proposals for medical
and dental group insurance in order to seek cost-effective insurance benefits for the
Town. Brent Weegar from IPS Advisors continued the presentation. Mr. Weegar
reviewed claims and premium data from the previous year, and explained the proposed
changes to the employee insurance benefits for 2013-2014. Upon request from Council,
two staff members presented their views of the proposed benefit plan.
Item 4a
Page 5 of 5
After discussion, Council Member Wilson made a motion and Council Member Dixon
seconded the motion to authorize the Town Manager to enter into contracts for
employee benefits with United Healthcare for medical and dental group insurance and
Alliance Work Partners to include WellCoach resources and services. The motion was
approved by a vote of 5-1.
11. 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:
11a. Section 551.087. To discuss and consider economic development
incentives.
11b. Section 551.072. To discuss and consider purchase, exchange, lease or
value of real property for municipal purposes and all matters incident and
related thereto.
The Town Council recessed into Executive Session at 7:51 p.m.
12. To reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Regular Session was reconvened at 8:56 p.m. No action was taken as a result of
Executive Session.
13. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
14. Adjourn.
Deputy Mayor Pro Tem Dugger made a motion and Council Member Korbuly seconded
the motion to adjourn the meeting at 8:57 p.m., on Tuesday, June 25, 2013. The motion
was approved by a vote of 6-0.
These minutes approved on the 9th day of July, 2013.
APPROVED:
Ray Smith, Mayor
ATTEST:
Robyn Battle, Town Secretary
Item 4a
To: Mayor and Town Council
From: Chris Copple, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – July 9, 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 July 2, 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 of Independent Bank Celina, Block A, Lot 2R, on 1.5± acres, located on the
southeast corner of Preston Road and Hays Road, approved by a vote of 5-0.
Town Staff Recommendation:
Town staff recommends the Town Council take no action on this item.
Prosper is a place where everyone matters.
PLANNING
Item 4b
PROPOSED OFFICE USE
ONE STORY, HEIGHT: 24' MAX., AREA: 12,169.0 sf
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HAYS ROAD (Future Collector Section, 37' B-B)
FINAL SITE PLAN
SITE DATA SUMMARYBRIDGEPORT DR.CHANDLER NORTHSheet Number
Seal
Sheet Name
Revision Date
Scale:
Date:
File:
Project:
Stephen Hundley AIA
7921 Deer Trail
Dallas, Texas 75238
214-683-0104
shundley@schaia.org
ARCHITECT:
Independent Bank
900 Preston Rd.
FF = 790.0 (EST)
OWNER:
LOCATION MAP
Suite 163
ALL WORK TO BE COMPLETED IN ONE PHASE
Fay Etta Lookadoo Revocable Trust
Arch Site Plan.dwg
1"=40'-0"
214-232-8550
8350 Meadow Road
SITE PLAN
Independent Bank Celina
Prosper Office Building
25 June 2013
Dallas, TX 75231
North Richland Hills, Tx 76182
817-896-6150
SURVEYOR:
Spry Surveyors
8241 Mid-Cities Blvd., Ste 100
CURRENT ZONING:
Single Family-15 (SF-15)
CURRENT ZONING:
CURRENT ZONING:
Single Family-10 (SF-10)
CURRENT ZONING:
Single Family-10 (SF-10)
CURRENT ZONING: Office (0)
CURRENT ZONING: SF-10
Agricultural (A)
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Single Family-10 (SF10)
Existing Land Use:
Single Family
Future Land Use Plan:
Low Density Residential
for Lot 2A, Block A
WATER METER SCHEDULE
SITE: 1.512 ACRES
1.512 ac 65,859 sf
Denton County, Prosper, Texas
:
SITE PLAN GENERAL NOTES
Item 4b
To: Mayor and Town Council
From: Robyn Battle, Town Secretary
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – July 9, 2013
Agenda Item:
Consider and act upon adopting Resolution No. 13-44, approving Amendment No. 9 to an
Interlocal Jail Services Agreement with Collin County, and authorizing the Town Manager to
execute same.
Description of Agenda Item:
The Town of Prosper entered into an Interlocal Jail Services Agreement with Collin County in
June of 2001, for the purpose of confining persons who are either accused or convicted of an
offense. Since 2004, the Agreement has been subject to annual approval by both the County
and the Town. The last amendment was approved by the Town in April of 2012.
Amendment No. 9 to the Interlocal Jail Services Agreement will extend the term of the
agreement through September 30, 2014. The proposed Resolution will authorize the Town
Manager to execute this amendment, and all subsequent renewals or amendments to the
agreement.
Legal Obligations and Review:
Terry Welch with Brown & Hofmeister, L.L.P., prepared the attached Resolution.
Attached Documents:
1. Amendment No. 9 to an Agreement for Jail Services
2. Proposed Resolution
Town Staff Recommendation:
Town staff recommends that the Town Council approve this item.
Proposed motion: I move to adopt Resolution No. 13-44, approving Amendment No. 9 to an
Interlocal Jail Services Agreement with Collin County, and authorizing the Town Manager to
execute same.
Prosper is a place where everyone matters.
ADMINISTRATION
Item 4c
Office of the Purchasing Agent
Collin County Administration Building
Amendment No. Nine (9)2300 Bloomdale Rd, Ste 3160
McKinney, TX 75069
972-548-4165
Vendor:TOWN OF PROSPER Contract Agreement, Jail Services
Town Manager, Mike Land Agreement 12139-08
P.O. Box 307
Prosper, TX 75078 Effective Date 10/1/2013
Awarded by Court Order No.:2003-093-02-11
Amendment # 1 2004-945-11-09
Amendment # 2 2006-287-03-28
Amendment # 3 2007-770-09-11
Amendment # 4 2008-792-09-23
Amendment # 5 2009-728-09-14
Amendment # 6 2010-511-07-26
Amendment # 7 2011-820-10-10
Amendment # 8 2012-499-08-06
Amendment # 9
YOU ARE DIRECTED TO MAKE THE FOLLOWING CHANGE TO THIS CONTRACT
Amend Section 2 Term to read as follows:
2.01 This Agreement shall be for a period of one (1) year ending September 30, 2014, and may be renewed for an
additional one (1) year term as agreed in writing by both parties. If the Basic Charge per day is increased at any time during
the Agreement/Renewal period, the Agreement will be revised and forwarded to the entity with the revised Basic Charge
Fee.
Except as provided herein, all terms and conditions of the contract remain in full force and effect
and may only be modified in writing signed by both parties.
ACCEPTED BY:ACCEPTED AND AUTHORIZED BY
AUTHORITY OF COLLIN COUNTY
Print Name COMMISSIONERS’ COURT
TOWN OF PROSPER
Town Manager, Harlan Jefferson Collin County Administration Building
P.O. Box 307 2300 Bloomdale Rd, Ste 3160
Prosper, TX 75078 McKinney, Texas 75071
SIGNATURE Michalyn Rains, CPPO, CPPB
TITLE:Purchasing Agent
DATE: DATE:
Item 4c
TOWN OF PROSPER, TEXAS RESOLUTION NO. 13-44
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AUTHORIZING THE TOWN MANAGER OF THE TOWN OF
PROSPER, TEXAS, TO EXECUTE CONTRACT AMENDMENT NO. NINE (9),
AND SUBSEQUENT AMENDMENTS, TO THE COLLIN COUNTY JAIL
SERVICES INTERLOCAL AGREEMENT; MAKING FINDINGS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on or about June 12, 2001, Collin County, Texas (the “County”), and
the Town of Prosper, Texas (the “Town”), entered into an Interlocal Jail Services
Agreement (the “Agreement”) whereby the County generally would provide to the Town
jail services necessary for the confinement of persons accused or convicted of an
offense; and
WHEREAS, the Agreement initially was renewed annually without any action
being required by the County or the Town; however, since 2004, the term of the
Agreement was amended and as a consequence, the Agreement has been subject to
annual approval by both the County and the Town; and
WHEREAS, the Agreement has been authorized and approved by the County for
the 2013-14 fiscal year and Town approval for such fiscal year is necessary; and
WHEREAS, in an effort to promptly accommodate the County relative to this
longstanding Agreement, this Resolution authorizes the Town Manager to execute
Contract Amendment No. Nine (9), as presented to the Town by the County, for Fiscal
Year 2013-14 as well as execute all subsequent annual renewals of said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All of the above premises are found to be true and correct and are incorporated
into the body of this Resolution as if copied in their entirety.
SECTION 2
The Town Manager of the Town of Prosper, Texas, on behalf of the Town, is
hereby authorized to execute Contract Amendment No. Nine (9) of the Agreement as
well as all subsequent annual renewals as presented to the Town by the County, and
take any and all other actions necessary to effectuate the same.
Item 4c
Resolution No. 13-44, Page 2
SECTION 3
This Resolution is effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THIS 9TH DAY OF JULY, 2013.
___________________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Item 4c
Page 1 of 2
To: Mayor and Town Council
From: Michael Bulla, CIP Project Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – July 9, 2013
Agenda Item:
Capital Improvement Program Update.
Description of Agenda Item:
Town staff will be providing the Town Council with an update on projects currently under
construction or design as well as reviewing the projects proposed on the DRAFT Summary of
the Five-Year CIP Plan.
Projects currently under construction or design:
First Street and Coit Road Landscaping Design (Preston to Coit – Coit to U.S. 380)
New Ground Storage Tank
Upper Plane Water Line
Racetrac Water Line (Teel to Gee)
Coit Road Widening (U.S. 380 to First Street) / First Street Widening (Preston Road)
Preston Road (S.H. 289) (U.S. 380 to F.M. 1461)
Hays Road (Ridgewood to Chandler Circle)
The following funded projects are scheduled to commence construction or design within the FY
2013-2014 budget cycle (highlighted green on the DRAFT Summary of the Five-Year CIP Plan):
Coleman (Broadway - Prosper Trail)
Seventh (Coleman - PISD Admin)
First Street (Church - Craig)
First Street (DNT - Coleman)
Main Street (Broadway - First)
Custer Turn Lanes at Prosper Trail
S.H. 289 Illuminated Street Signs
Landplan Wastewater Line
(Coit - First)
Blue Star Wastewater Line
(Doe Branch - Preston)
La Cima Lift Station #1 Oversize
participation to City of Frisco
Stormwater at Amberwood Farms
Stormwater at Frontier Parkway
Stormwater at Talon Drive
Stormwater at Jones/Toney
ENGINEERING
Prosper is a place where everyone matters.
Item 6
Page 2 of 2
Decision Packages have been prepared for the following projects for consideration in the 2013-
2014 fiscal year budget (highlighted yellow on the DRAFT Summary of the Five-Year CIP Plan):
Downtown Enhancements (Broadway to
Main)
Decorative Monument Signs (13 EA)
School Zone Flashers w/Radar
(Various Locations)
Pecan Grove Irrigation
S.H. 289 Landscaping
(U.S. 380 to Frontier)
Frontier Temporary Parking Lot
Generator for Lift Stations
The following projects are proposed to be funded by future Reimbursement Resolutions prior to
commencement (highlighted red on the DRAFT Summary of the Five-Year CIP Plan):
S.H. 289 (Preston) Median Lighting
Frontier Park Field Lighting
First Street Landscaping
(Craig to Coit) – Construction
Coit Road Landscaping
(U.S. 380 to First) - Construction
Windsong Ranch Fire Station
Cook Lane Fire Station
(Land Acquisition)
As part of the presentation, the Fire Chief will provide an update to the Town Council on the
reasons why fire stations are placed in certain locations, discuss concerns that some citizens
may have living next door to a fire station and review some possible future fire station locations.
Attached Documents:
1. Summary of the Five-Year CIP Plan – DRAFT
2. Fire Station Discussion PowerPoint Presentation
Town Staff Recommendation:
Town staff recommends the Town Council provide feedback on the DRAFT Summary of the
Five-Year CIP Plan.
Item 6
2012-2013-2014-2015-2016-2017-2012- 2013- 2014- 2015- 2016- 2017-2013201420152016201720222013 2014 2015 2016 2017 20221 First Street and Coit Rd Widening 4 lane concrete 8,250,000 8,250,000 5,329,575 0, 1 2,920,425 - - - - - - - 2 Prosper Trail (Preston - Custer) asphalt maint. 1,020,545 1,020,545 1,020,545 - - - - - - - 3 Prosper/County Road Improvements ST 850,000 850,000 850,000 - - - - - - - 4 Coit Road (US 380 - Frontier) ROW Only ROW acquisition 101,990 101,990 101,990 0- - - - - - - 5 Coit Road (First Street - Frontier) asphalt maint. 980,000 980,000 55,000 7925,000 - - - - - - - 6 Hays Road (Ridgewood - Chandler Circle S) concrete maint. 460,000 460,000 30,000 7430,000 - - - - - - - 7 Coleman Road (Broadway - Prosper Trail) asphalt maint. 390,000 390,000 390,000 - - - - - - - 8 Seventh Street (Coleman - PISD Admin) concrete maint. 740,000 740,000 372,000 5,7 368,000 - - - - - - - 9 Downtown Enhancements (Broadway - Main) concrete maint. 475,000 475,000 475,000 4- - 475,000 - - - - 10 First Street (Church - Craig) concrete maint. 380,000 380,000 76,000 5,7 304,000 - - 2,000 - - - - 11 First Street (DNT - Coleman) asphalt maint. 370,000 370,000 370,000 - - - - - - - 12 Frontier Parkway (DNT - Preston) 6 lane concrete 365,000 3,285,000 3,650,000 3,650,000 - - 365,000 3,285,000 - - - 13 Main Street (Broadway - First) concrete maint. 181,000 181,000 181,000 - - 181,000 - - - - 14 Custer Road Turn Lanes @ Prosper Trail asphalt maint. 100,000 100,000 100,000 0- - - - - - - 15 Broadway (McKinley - Main) concrete maint. 113,000 113,000 113,000 - - - 113,000 - - - 16 Gee Road (US380 - Fishtrap) asphalt maint. 160,000 160,000 160,000 - - - 160,000 - - - 17 US380 ROW ROW acquisition 70,000 70,000 70,000 0- - - - - 35,000 - 18 Fishtrap Road (FM 1385 - DNT) asphalt maint. 1,250,000 1,250,000 1,250,000 - - - 1,250,000 - - - 19 Rhea Mills concrete maint. 1,200,000 1,200,000 1,200,000 - - - 1,200,000 - - - 20 Coleman Road (Prosper Trail - HS) 2 lane concrete 1,000,000 1,000,000 1,000,000 - - - 1,000,000 - - - 21 McKinley Street (First - Fifth) concrete maint. 275,000 275,000 275,000 - - - 275,000 - - - 22 Fifth Street (Railroad - Coleman) concrete maint. 240,000 240,000 240,000 - - - 240,000 - - - 23 DNT Southbound Service Road 2 lane concrete 1,500,000 18,500,000 20,000,000 4,000,000 916,000,000 - - - 1,500,000 37,000,000 - 24 First Street (Greenspoint - Custer) asphalt maint. 420,000 420,000 420,000 - - - - 420,000 - - 25 Church Street (First - Broadway) concrete maint. 170,000 170,000 170,000 - - - - 170,000 - - 26 Church Street (Broadway - Eighth) concrete maint. 325,000 325,000 325,000 - - - - - 325,000 - 27 Pasewark (Preston - End) concrete maint. 240,000 240,000 240,000 - - - - - 240,000 - 28 Parvin Road (Good Hope - FM 1385) asphalt maint. 235,000 235,000 235,000 - - - - - 235,000 - 29 Teel Parkway (US380 - Fishtrap) asphalt maint. 155,000 155,000 155,000 - - - - - 155,000 - 30 Eighth Street (Church - PISD Admin) concrete maint. 140,000 140,000 140,000 - - - - - 140,000 - 31 Field Street (Third - Broadway) concrete maint. 35,000 35,000 35,000 - - - - - 35,000 - SUBTOTAL 10,222,535$ 1,440,000$ 3,114,000$ 7,480,000$ 2,090,000$ 19,630,000$ -$ 43,976,535$ 10,609,565$ 7,871,970$ 9,495,000$ 16,000,000$ -$ 1,023,000$ 7,523,000$ 2,090,000$ 38,165,000$ -$ 2012- 2013- 2014- 2015- 2016- 2017-2012- 2013- 2014- 2015- 2016- 2017-2013 2014 2015 2016 2017 20222013 2014 2015 2016 2017 20221 Decorative Monument Street Signs (13 EA) 150,000 150,000 150,000 4- - 150,000 - - - - 2 School Zone Flashers w/Radar 130,000 130,000 130,000 4- - 130,000 - - - - 3 SH 289 Illuminated ST Signs (General Fund) 100,000 100,000 100,000 2- - - - - - - 4 SH289 Median Lighting (3.14 miles) 600,000 600,000 600,000 - - - - - - 5 US380 Illuminated Street Signs 25,000 25,000 25,000 - - - - - - 6 Dallas North Tollway / Prosper Trail 280,000 280,000 280,000 0- - - - - - - 7 Coit Road /Richland Boulevard 201,600 201,600 201,600 0- - - - - - - 8 Coit Road / First Street 201,600 201,600 201,600 0- - - - - - - 9 Coleman/Prosper Trail 200,000 200,000 200,000 - - - 200,000 - - - 10 Dallas North Tollway / First Street 280,000 280,000 280,000 0- - - - - - - 11 Coit Road / Prosper Trail 201,600 201,600 201,600 0- - - - - - - 12 Dallas North Tollway / Frontier Pkwy 280,000 280,000 280,000 0- - - - - - - -$ -$ 980,000$ 908,200$ 481,600$ 280,000$ -$ 2,649,800$ 1,824,800$ -$ 200,000$ 625,000$ -$ 280,000$ 200,000$ -$ -$ -$ Other Sources0. Impact Fees1. Grant and Interlocal Funds2. Other Sources (Proj. Sav.,Fund Bal.,Interest Inc.)3. Developer Agreement(s)4. Decision Package5. Water/Wastewater Fund6. Park Development Fund7. Stormwater Drainage Fund8. Tax Increment Reinvestment Zone #1 (TIRZ 1)9. Tax Increment Reinvestment Zone #2 (TIRZ 2)Summary of Five Year CIP Plan - DRAFTGeneral Fund ProjectsPRIOR FISCAL YEARSCONSTRUCTION SCHEDULETOTAL PROJECT COSTSLIGHTING/SIGNAL PROJECTSFUNDING SOURCESSOURCESGO's & CO's UNISSUED GO's DEBTOTHERISSUED DEBT AUTHORIZEDNEWCONSTRUCTION SCHEDULEPRIOR FISCAL YEARSDEBT SCHEDULENEWDEBTDEBT SCHEDULEOTHERISSUED DEBT AUTHORIZEDTOTAL PROJECT COSTSSOURCESGO's & CO's UNISSUED GO'sFUNDING SOURCESScheduled 2013-2014Decision PackageReimbursement Resolution SUBTOTAL STREET PROJECTS1Item 6
2012- 2013- 2014- 2015- 2016- 2017-2012- 2013- 2014- 2015- 2016- 2017-2013 2014 2015 2016 2017 20222013 2014 2015 2016 2017 20221 Windmill Park - Pavilion 270,000 270,000 235,000 6 35,000 - - - - - - - 2 Windmill Playground 265,000 35,000 300,000 265,000 1 35,000 - - - - - - - 3 Windmill Park - Splashground 101,000 101,000 101,000 - - - - - - - 4 Windmill Playground - Shade Structures 60,500 11,500 72,000 72,000 - - - - - - - 5 Frontier Park - Exercise Stations 34,000 34,000 34,000 6- - - - - - - 6 Sexton Farms Park (Land Purchase) 4,000,000 4,000,000 400,000 1 3,880,000 (280,000) - - - - - - 7 Whitley Place Park (Cockrell) 100,000 950,000 1,050,000 1,050,000 5,6950,000 - 950,000 - - - - 8 Windmill Park - Restrooms 105,000 105,000 100,000 65,000 - - - - - - - 9 Preston Lakes Hike & Bike Trail 65,500 65,500 65,500 6- - - - - - - 10 Preston Lakes Remediation 57,500 57,500 57,500 6- - - - - - - 11 Windmill Park - Site Work (Landscaping, Hardscaping, Utilities) 20,000 20,000 20,000 - - - - - - - 12 Pecan Grove Irrigation 100,000 75,000 175,000 175,000 4- - - - - - 13 SH 289 Landscaping (US380 - Frontier) 30,000 550,000 580,000 580,000 1,4- - 30,000 - - - - 14 Frontier Park Temporary Parking Lot 75,000 75,000 75,000 4- - - - - - 15 Frontier Park Field Lighting 400,000 400,000 400,000 400,000 - - - - 16 First Street Landscaping (Craig - Coit) 250,000 250,000 250,000 - 250,000 - - - - 17 Coit Road Landscaping (US380 - First) 200,000 200,000 200,000 - 200,000 - - - - 18 Field Improvements/Backstops 220,000 220,000 220,000 - - 220,000 - - - 19 Richland Boulevard Landscaping (Prosper Commons - Coit) 175,000 175,000 175,000 - - - 175,000 - - 20 Hike & Bike Trails 750,000 750,000 750,000 - - - - - 750,000 - 21 Sexton Farms Park, Phase I 12,000,000 12,000,000 12,000,000 - - - - - 12,000,000 22 Frontier Park, Phase II (Community Park) 6,000,000 6,000,000 6,000,000 - - - - - 6,000,000 23 Preston Lakes Playground 220,000 220,000 220,000 - - - - - 220,000 SUBTOTAL 730,500$ 4,394,500$ 2,005,000$ 845,000$ 175,000$ 750,000$ 18,220,000$ 27,120,000$ 3,037,000$ 4,148,000$ 750,000$ 20,135,000$ -$ 1,830,000$ 220,000$ 175,000$ 750,000$ 18,220,000$ 2012- 2013- 2014- 2015- 2016- 2017-2012- 2013- 2014- 2015- 2016- 2017-2013 2014 2015 2016 2017 20222013 2014 2015 2016 2017 20221 Windsong Ranch Fire Station 4,700,000 4,700,000 2,350,000 2,350,000 - 4,700,000 - - - - 2 Cook Lane Fire Station 300,000 300,000 300,000 - 300,000 - - 4,970,000 - 3 Town Hall Facility - 5,000,000 5,000,000 1,250,000 3,750,000 - - 5,000,000 - - - 4 Police Station - 1,000,000 6,000,000 7,000,000 1,000,000 6,000,000 - - 1,000,000 - - 6,000,000 5 Motorola/Frisco System 1,900,000 1,900,000 500,000 1,400,000 - - 1,900,000 - - - 6 Central Fire Station, Phase II 850,000 850,000 850,000 - - 850,000 - - - 7 Parks and Recreation Maintenance Building 450,000 5,000,000 5,450,000 450,000 5,000,000 - - 450,000 - - 5,000,000 8 Public Works Complex 450,000 5,000,000 5,450,000 450,000 5,000,000 - - 450,000 - - 5,000,000 9 Senior Facility 5,000,000 5,000,000 5,000,000 - - - - - 5,000,000 10 Library Facility 6,000,000 6,000,000 6,000,000 - - - - - 6,000,000 11 Recreation Center 15,000,000 15,000,000 15,000,000 - - - - - 15,000,000 12 Cook Lane Fire Station (station,training,admin,EOC) 14,670,000 14,670,000 14,670,000 - - - - - 14,670,000 13 Gentle Creek Fire Station 5,625,000 5,625,000 5,625,000 - - - - - 5,625,000 SUBTOTAL -$ -$ -$ 9,650,000$ -$ -$ 62,295,000$ 71,945,000$ -$ -$ 3,650,000$ 68,295,000$ -$ -$ 9,650,000$ -$ -$ 62,295,000$ GRAND TOTAL GENERAL FUND 10,953,035$ 5,834,500$ 6,099,000$ 18,883,200$ 2,746,600$ 20,660,000$ 80,515,000$ 145,691,335$ 15,471,365$ 12,019,970$ 14,095,000$ 105,055,000$ -$ 3,133,000$ 17,593,000$ 2,265,000$ 38,915,000$ 80,515,000$ Other Sources0. Impact Fees1. Grant and Interlocal Funds2. Other Sources (Proj. Sav.,Fund Bal.,Interest Inc.)3. Developer Agreement(s)4. Decision Package5. Water/Wastewater Fund6. Park Development Fund7. Stormwater Drainage Fund8. Tax Increment Reinvestment Zone #1 (TIRZ 1)9. Tax Increment Reinvestment Zone #2 (TIRZ 2)Summary of Five Year CIP Plan - DRAFTGeneral Fund ProjectsDEBT SCHEDULEOTHER ISSUED DEBT AUTHORIZEDNEWPARK PROJECTSPRIOR FISCAL YEARSCONSTRUCTION SCHEDULETOTAL PROJECT COSTSFUNDING SOURCESSOURCES GO's & CO'sFACILITY PROJECTSPRIOR FISCAL YEARSCONSTRUCTION SCHEDULETOTAL PROJECT COSTSFUNDING SOURCESSOURCES GO's & CO's UNISSUED GO's DEBTOTHERISSUED DEBTAUTHORIZEDNEWScheduled 2013-2014Decision PackageReimbursement ResolutionUNISSUED GO'sDEBT SCHEDULEDEBT2Item 6
2012-2013-2014- 2015- 2016- 2017-2012- 2013- 2014- 2015- 2016- 2017-2013201420152016 2017 20222013 2014 2015 2016 2017 20221 US380 West Side Water Line 1,655,000 1,655,000 3,310,000 3,310,000 0,1,3, 5- - - - - - - 2 Custer Pump Station, Phase II 5,910,000 5,910,000 310,000 0 5,600,000 - 650,000 - - - - - 3 30" Upper Plane Water 5,072,000 5,072,000 365,000 0 4,707,000 - 4,707,000 - - - - - 4 US380 Racetrac WL (Teel - Gee) 600,000 600,000 600,000 0, 3- - - - - - - 5 Prosper Trail Elevated Storage Tank 165,000 2,200,000 2,365,000 165,000 2,200,000 - - - - - 2,200,000 6 Downtown Rehab 250,000 250,000 250,000 750,000 750,000 - - 250,000 250,000 250,000 - 7 Coleman 16" (Prosper Trail North) 180,000 180,000 180,000 - - 180,000 - - - 8 SUBTOTAL 1,655,000$ 13,402,000$ -$ 430,000$ 250,000$ 250,000$ 2,200,000$ 18,187,000$ 4,585,000$ 10,472,000$ -$ 3,130,000$ 5,357,000$ -$ 430,000$ 250,000$ 250,000$ 2,200,000$ 2012-2013-2014- 2015- 2016- 2017-2012- 2013- 2014- 2015- 2016- 2017-2013201420152016 2017 20222013 2014 2015 2016 2017 20221 Wilson Creek Interceptor (08-08) 2,035,000 2,035,000 175,000 0 1,860,000 - - - - - - - SOURCESCONSTRUCTION SCHEDULEPRIOR FISCAL YEARSWATER PROJECTSOTHERFUNDING SOURCESTOTAL PROJECT COSTSDEBT UNISSUED GO's DEBTSummary of Five Year CIP Plan - DRAFTEnterprise Fund ProjectsISSUEDAUTHORIZED NEWDEBT SCHEDULEDEBT UNISSUED GO's DEBTFUNDING SOURCESOTHERISSUEDAUTHORIZED NEWSOURCESPRIOR FISCAL YEARSDEBT SCHEDULEWASTEWATER PROJECTSTOTAL PROJECT COSTSCONSTRUCTION SCHEDULE2 LaCima Sewer Force Main with First St Widening 85,815 85,815 85,815 0 - - - - - - - 3 US380 West Side Sewer Line 1,990,000 1,990,000 1,990,000 0,1,2,3- - - - - - - 4 Generator for Lift Stations 30,000 30,000 30,000 4- - 30,000 - - - - 5 Landplan (Coit - First) 200,000 200,000 200,000 5- - - - - - - 6 Blue Star (Doe Branch - Preston) 1,000,000 1,000,000 1,000,000 - - 1,000,000 - - 7 LaCima LS#1 (Frisco) 245,000 245,000 245,000 0- - - - - 8 Doe Branch WWTP 7,000,000 7,000,000 14,000,000 14,000,000 - - 7,000,000 7,000,000 - - 9 Downtown Rehab 250,000 250,000 250,000 750,000 750,000 - - 250,000 250,000 250,000 - 10 Decommission Wastewater Plant 900,000 900,000 900,000 - - - - - 900,000 SUBTOTAL 2,120,815$ 1,990,000$ 1,475,000$ 7,250,000$ 7,250,000$ 250,000$ 900,000$ 21,235,815$ 2,725,815$ 1,860,000$ -$ 16,650,000$ -$ 30,000$ 8,250,000$ 7,250,000$ 250,000$ 900,000$ 2012-2013-2014- 2015- 2016- 2017-2012- 2013- 2014- 2015- 2016- 2017-2013201420152016 2017 20222013 2014 2015 2016 2017 20221 Highland Meadows 220,000 220,000 220,000 7- - - - - - - 2 Teel Road 30,000 30,000 30,000 - - - - - - - 3 Coleman Road 500,000 500,000 500,000 - - - - - - - 4 Lakes of LaCima 250,000 250,000 250,000 - - - - - - - AUTHORIZED NEWSTORMWATER PROJECTSPRIOR FISCAL YEARSCONSTRUCTION SCHEDULETOTAL PROJECT COSTSFUNDING SOURCESSOURCESDEBT UNISSUED GO's DEBTDEBT SCHEDULEOTHERISSUED,,,5 Downtown Drainage Study 75,000 75,000 75,000 - - - - - - - 6 Gentle Creek (Crooked Stick/Winding Creek) 33,000 33,000 33,000 7- - - - - - - 7 Collin Green 10,000 10,000 10,000 7- - - - - - - 8 Amberwood Farms 100,000 100,000 100,000 - - - - - - - 9 Frontier Parkway 25,000 25,000 25,000 - - - - - - - 10 Talon Drive 25,000 25,000 25,000 - - - - - - - 11 Gentle Creek (Jones/Toney) 20,000 20,000 20,000 7- - - - - - - SUBTOTAL 250,000$ 868,000$ 170,000$ -$ -$ -$ -$ 1,288,000$ 283,000$ 1,005,000$ -$ -$ -$ -$ -$ -$ -$ -$ GRAND TOTAL UTILITY FUNDS 4,025,815$ 16,260,000$ 1,645,000$ 7,680,000$ 7,500,000$ 500,000$ 3,100,000$ 40,710,815$ 7,593,815$ 13,337,000$ -$ 19,780,000$ 5,357,000$ 30,000$ 8,680,000$ 7,500,000$ 500,000$ 3,100,000$ Other Sources0. Impact Fees1. Grant and Interlocal Funds2. Other Sources (Proj. Sav.,Fund Bal.,Interest Inc.)3. Developer Agreement(s)4. Decision Package5. Water/Wastewater Fund6. Park Development Fund7St t D i F dScheduled 2013-2014Decision PackageReimbursement Resolution7. Stormwater Drainage Fund8. Tax Increment Reinvestment Zone #1 (TIRZ 1)9. Tax Increment Reinvestment Zone #2 (TIRZ 2)Reimbursement Resolution3Item 6
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Primary responsibilities of fire departments is delivery of fire and rescue services, normally originating from stations located throughout the area. T id ff i i To provide effective service, crews must: respond in a minimum amount of time; and with sufficient resources to initiate fire, rescue, or emergency medical activities medical activities. Item 6
Fire growth can expand at a rate of many times its volume per minute. Time is the critical factor for the rescue of occupants and the application of extinguishing agents to ppp gggminimize loss. The time segment between fire ignition and the start of fire suppression has a direct relationship to fire loss. Item 6
The delivery of emergency medical services is time critical. Survival rates for some types of medical emergencies depend on rapid intervention by trained di l l emergency medical personnel. In most cases, the sooner fire or emergency medical rescue personnel arrive the greater chance for survival rescue personnel arrive, the greater chance for survival and conservation of property.Item 6
Fire Suppression Rating Schedule (FSRS)The Fire Suppression Rating Schedule is the manual that ISO ppgutilizes in reviewing the firefighting capabilities of individual communities. This schedule evaluates the three major items(Fire Alarm Fire This schedule evaluates the three major items(Fire Alarm, Fire Department, andWater Supply)of a community’s fire suppression infrastructure and develops a numerical grading called a Public Protection Classification (PPC).Item 6
Fire Departmentp50%of the grading point total is based on infrastructure of the fire department. infrastructure of the fire department. ISO reviews distribution of fire companies throughout the graded area and verifies apparatus throughout the graded area and verifies apparatus response to structural alarms of fire. Item 6
For improved first due response distances, considera-tion should be given to the erection of two additional fire stations. The suggestions are listed in their priority fire stations. The suggestions are listed in their priority order and will maximize the ISO rating for the Town:Item 6
A second fire stationsecond fire stationshould be erected in the vicinity of E. Prosper Trail and the southern extension of Winding Creek. This station should house the second engine company presently deployed from existing fire station #1. For this station to receive maximum response district credit, Winding Creek should be extended to the south and tie with E. Prosper Trail; Creek should be extended to the south and tie with E. Prosper Trail; Amberwood should be extended to the west and tie with Winding Creek. Providing this station and moving the existing second engine company ggggpypresently deployed from fire station #1 will add 2.04 pointsto the grading point total. A fire station is planned on East Prosper Trail near Gentle Creek Golf Club. Extending Winding Creek or Amberwood is not in any thoroughfare plan or even feasible. Item 6
A third fire stationthird fire stationshould be erected in the vicinity of W. Prosper Trail and Kirkwood housing a third engine company. The third station and the required third engine company will add 8.84 pointsto the grading point total. Looking South on Cook Lane.Item 6
To extend the ISO rate credit to the area in the far southwest corner of the To extend the ISO rate credit to the area in the far southwest corner of the Town of Prosper an additional fourth fire stationfourth fire stationis required deploying a fourth engine company. This station is not required to improve theISO PPC; however, it is needed to extend the benefit of the ISO PPC to all residents within the town limits of Prosper. This developed area is approximately 6.50-road miles from existing fire station #1 (12 to 15 minute fire department response). Any area outside 5-road miles of a fire station is rated an ISO PPC 10 (no recognized fire protection) regardless of the water supply and distribution system infrastructure. yWe are working with Windsong Ranch for a fire station location on Teel north of 380. Item 6
District C13: average response time - 5:31Our goal is gunder 4:00 Item 6
District C14: average response time - 6:34 Item 6
District C15: (Cockrell Elem) (Cockrell Elem) average response time - 8:49 Item 6
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ccsencccItem 6
A lot of attention will need to be paid to this issueA lot of attention will need to be paid to this issueA lot of attention will need to be paid to this issueA lot of attention will need to be paid to this issueInstall as many traffic control devices as Install as many traffic control devices as necessary to reduce sound of emergency sirens when apparatus are leaving on callsppgInstall landscape buffers both in fencing and pglive barriersItem 6
The building and grounds need to add to the neighborhood, not take away.Item 6
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ADVERSE IMPACTS OF ADVERSE IMPACTS OF ADVERSE IMPACTS OF ADVERSE IMPACTS OF POOR NIGHTTIME LIGHTINGPOOR NIGHTTIME LIGHTING> URBAN SKY GLOW> DIRECT GLARE> LIGHT TRESPASS> LIGHT TRESPASS> ENVIRONMENTItem 6
Urban Sky Glow: Just because you are 50+ miles from the city doesn't Urban Sky Glow: Just because you are 50+ miles from the city doesn t mean we're rural anymore.Urban sk glow is destro ing the rural look of Town and our iew of Urban sky glow is destroying the rural look of Town and our view of the universe. W d' l h ld d' d lh hWe don't live in the clouds; we don't need to light them.Item 6
Direct Glare: Direct glare is defined as the visual discomfort resulting from insufficiently shielded light gygsources in the field of view. One should "see the effect, not the light source.”Item 6
Light Trespass: Light trespass simply means that someone‘s light is adversely affecting you. Whether it be a poorly aimed street light shining in your bedroom window or a neighbor's street light shining in your bedroom window, or a neighbor s dusk-to-dawn backyard light shining into your backyard. All light trespass is bad.Item 6
Environment: Unnecessary lighting leaves us with an unappealing environment. We should be striving for a good looking environment. Poor environments are part of the stress of today's life. Item 6
Traffic– Any building including a fire station, school, or a club house will increase traffic. The Town’s thoroughfare plan calls for Prosper Trail to be a four-lane divided roadway. This will also increase traffic.Item 6
Good Morning Chief Tucker-I am responding to your email sent yesterday. Location is a key factor when purchasing a home. Whether it be which school district to reside in, the desire to live inside or outside the city limits, on a golf course or creek lot, etc., all of these factors can affect value. For example; a y,g,,p;home backing or siding a positive external influence (greenbelt, creek, golf course, etc.) will most likely have a positive effect on the market value, whereas a home that backs or sides a negative influence (such as a commercial development, busy street, traffic light, etc.) could have a negative effect on the market value. Supply and demand will also play a key role in determining external influences on market value.Ideally analyzing sales adjacent to the future site and away from the future site would be the only means of ascertaining a definitive affect site and away from the future site would be the only means of ascertaining a definitive affect on the market value of a home.I hope this answers your question, please feel free to contact me if I can be of further assistanceRegards,Kelly LintnerDirector of AppraisalResidential and LandResidential and LandCollin Central Appraisal District250 Eldorado Pkwy.McKinney, TX 75069-8023469.742.9200 - Main469.742.9302 - Direct469.742.9205 - Faxwww.collincad.orgItem 6
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Dealing with any restrictions that the property might have on it. gItem 6
Questions / Questions / CommentsCommentsItem 6
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Executive Director of Development
and Community Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – July 9, 2013
Agenda Item:
Consider and act upon authorizing the Town Manager to execute an Engineering Services
Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the
Lower Pressure Plane Water Supply Evaluation.
Description of Agenda Item:
Freese and Nichols, Inc., (FNI) will perform a side-by-side life cycle cost comparison of water
supply to the Town’s Lower Pressure Plane using Upper Trinity Regional Water District
(UTRWD) and North Texas Municipal Water District (NTMWD). The proposed agreement
includes the following tasks:
Water Supply Evaluation Kickoff Meeting and Coordination Meetings: FNI will conduct a
water supply evaluation kickoff meeting with the Town to discuss project scope, goals,
schedule, and to establish lines of communication. FNI will arrange and attend one
meeting with UTRWD and Town staff to discuss projected water demands, contract
structure, rates, buy-in costs, and other costs involved with becoming a direct customer
of UTRWD. FNI will arrange and attend one meeting with NTMWD and Town staff to
discuss projected water demands and costs associated with future increases in meter
size.
CIP Development: FNI will utilize the Buildout model run developed in the 2011 Impact
Fee Study to determine improvement alternatives with cost estimates and mapping
needed to meet projected growth in the Lower Pressure Plane through Buildout based
on supply from UTRWD. Water facilities and lines will be sized to provide adequate fire
flows of 1,000 gpm under maximum day demand conditions and meet peak hour
demands with adequate residual pressures.
Analysis of Supply Sources: FNI will analyze two water supply scenarios to serve the
proposed Lower Pressure Plane including supply from UTRWD or NTMWD. The CIP
developed in the 2011 Impact Fee Study will be utilized for the scenario with service to
the proposed Lower Pressure Plane from NTMWD. FNI will consider the following items
in the evaluation of each of the sources and locations of potential delivery points:
ENGINEERING
Prosper is a place where everyone matters.
Item 7
Page 2 of 2
o Capital costs for improvements needed for buildout with timing of costs.
o Utilization of existing facilities and changes required in the Town’s distribution
system.
o The initial cost of construction, any buy-in required, and improvements to the
supplier’s facilities.
o 30-year life cycle cost of water service including power costs, water rates, take or
pay minimums, rate of flow controller adjustments, and any surcharges.
Prepare Draft Water Supply Evaluation Technical Memorandum: FNI will prepare a draft
technical memorandum documenting the water supply evaluation. One electronic PDF
copy of the draft Water Supply Evaluation Technical Memorandum will be provided.
Water Supply Evaluation Workshop: FNI will conduct one workshop with the Town to
review and discuss the results of the water supply evaluation.
Prepare Final Water Supply Evaluation Technical Memorandum: FNI will update draft
technical memorandum based on Town staff comments and prepare a final technical
memorandum. Ten hard copies and one electronic PDF copy will be provided.
Budget Impact:
The $22,320 for the Lower Pressure Plane Water Supply Evaluation is to be funded by
Professional Services out of the Water Impact Fee Fund (65-5415-99).
Legal Obligations and Review:
The contract is a standard engineering services agreement previously approved as to form and
legality by Terry Welch with Brown & Hofmeister, L.L.P.
Attached Documents:
1. Engineering Services Agreement
Town Staff Recommendation:
Town staff recommends the Town Council approve an Engineering Services Agreement
between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the Lower
Pressure Plane Water Supply Evaluation, and authorize the Town Manager to execute same.
Proposed Motion: I move to authorize the Town Manger to execute an Engineering Services
Agreement with Freese and Nichols, Inc., for the Lower Pressure Plane Water Supply
Evaluation.
Item 7
Town of Prosper, Texas – Professional Services Agreement Page 1 of 31
AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND FREESE AND
NICHOLS, INC., FOR ENGINEERING SERVICES
(Lower Pressure Plane Water Supply Evaluation)
THIS AGREEMENT is made and entered on this ___ day of
____________, 2013, by and between the Town of Prosper, Texas, a Home-Rule
Municipal Corporation, hereinafter referred to as the Town, and Freese and Nichols,
Inc., 4055 International Plaza, Suite 200, Fort Worth, Texas 76109, hereinafter referred
to as the 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 Lower Pressure Plane Water Supply
Evaluation, hereinafter referred to as Project; and
WHEREAS, the Consultant desires to render engineering services for the Town
upon the terms and conditions provided herein.
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 engineering services in connection with the Project. The
Consultant agrees to perform such services in accordance with the terms and
conditions of this Agreement. The 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 the 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
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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
November 1, 2013. The Consultant will deliver the draft technical memorandum
to the Town four (4) weeks after meetings with NTMWD and UTRWD. The
Consultant will deliver the final technical memorandum to the Town one (1) week
after receiving draft technical memorandum comments.
ARTICLE 2
THE TOWN’S RESPONSIBILITIES
The Town shall do the following in a timely manner so as not to delay the
services of the 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.
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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
Basis, for an amount not to exceed Twenty Two Thousand Three Hundred
Twenty and 00/100 Dollars ($22,320.00), (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 – The Town and the 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 Dollar Amount
spelled out and 00/100 Dollars ($00,000.00). The electronic formatting
shall be consistent with the standards established in Exhibit C, Town of
Prosper Guidelines for Computer Aided Design and Drafting (CADD).
Completion of the Record Documents and/or As-Built documents shall be
included in the Consultant’s Fee and considered to be within the Scope of
Services defined under this Agreement. – NOT APPLICABLE
3.1.2 Disputes between the 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 the
Town, the 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. The 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. The
Town and the 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 – The 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
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by existing written standards promulgated by such agencies at no
additional charge to the 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, the
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. The Consultant shall
participate in consultations with said authorities in order to obtain approval
for the Project. As part of the services provided under the Consultant’s
Fee, the Consultant shall obtain the Notice of Substantial Compliance for
the Project from the Texas Department of Licensing and Regulation (the
TDLR). The Consultant shall, without additional compensation,
immediately correct any errors, omissions, or deficiencies in the design
services and/or construction documents identified by TDLR and/or a
Registered Accessibility Specialist (RAS) at any phase of the Project,
either by review of the construction documents, or inspection of the
Project at the commencement of construction, during the construction of
the Project, or at the completion of construction. – NOT APPLICABLE
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. – NOT APPLICABLE
3.1.4.2 Completion of Registration Form to TDLR – The 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. – NOT APPLICABLE
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. The Consultant shall
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resubmit construction documents to TDLR for review prior to the
completion of construction of the Project. – NOT APPLICABLE
3.1.4.4 TDLR Project Inspection – The 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. The
Town reserves the right to verify the written results with TDLR at
any time during design, construction, or at the completion of the
Project. – NOT APPLICABLE
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. The Consultant shall provide the
Town with this list within five (5) calendar days of receipt. It is
the sole responsibility of the Consultant to completely address
the deficiencies by the stated deadline or to obtain a written
notice of extension from the TDLR. When the corrective
measures have been completed, the Consultant shall provide
the TDLR (and/or the RAS who completed the inspection) and
the Town with written verification of the corrective measures
completed. – NOT APPLICABLE
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 the
Consultant has submitted verification of corrective modifications.
The Town and the Consultant agree that the final five percent
(5%) of Consultant’s Fee, or Dollar Amount spelled out and
00/100 Dollars ($00,000.00) shall not be paid until the Town is
in receipt of the TDLR’s Notice of Substantial Compliance for all
Project components and/or phases of the Project. – NOT
APPLICABLE
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
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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.
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 the Town.
Hourly Billable Rates by Position
POSITION HOURLY RATE
MIN MAX
PRINCIPAL 225 285
GROUP MANAGER 201 320
SENIOR ENGINEER 150 276
ENGINEER (PE) 115 196
ENGINEER (EIT) 85 138
HYDROLOGIST 65 223
ELECTRICAL ENGINEER 85 228
MECHANICAL ENGINEER 85 270
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SENIOR ENVIRONMENTAL SCIENTIST 115 241
ENVIRONMENTAL SCIENTIST 60 156
ARCHITECT (AIA) 105 245
ARCHITECT INTERN 60 150
LANDSCAPE ARCHITECT 115 191
SENIOR URBAN PLANNER 125 256
URBAN PLANNER 70 143
SR. CONSTRUCTION CONTRACT ADMINISTRATOR 110 195
CONSTRUCTION CONTRACT ADMINISTRATOR 75 150
GIS COORDINATOR 90 162
GIS ANALYST 60 141
DESIGNER 90 166
TECHNICIAN 65 133
CORPORATE PROJECT SUPPORT 80 164
WORD PROCESSING/SECRETARIAL 55 92
CO-OP / INTERN 45 75
The ranges and individual salaries will be adjusted annually
3.4 Invoices – No payment to the 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 the 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, the 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 – The Town shall make payment to the Consultant for said
invoices within thirty (30) days following receipt and acceptance thereof. The
parties agree that payment by the Town to the Consultant is considered to be
complete upon mailing of payment by the Town. Furthermore, the parties agree
that the payment is considered to be mailed on the date that the payment is
postmarked.
3.6 Disputed Payment Procedures – In the event of a disputed or contested billing
by the Town, only that portion so contested may be withheld from payment, and
the undisputed portion will be paid. The Town shall notify the 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. The Town shall
provide the Consultant an opportunity to cure the basis of the dispute. If a
dispute is resolved in favor of the Consultant, the 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, the Consultant shall submit to
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the 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 the Town in processing payment for the remaining
balance. Such revised invoice shall have a new invoice number, clearly
referencing the previous submitted invoice. The 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, the
Consultant shall not suspend performance under this Agreement prior to the
tenth (10th) calendar day after written notice of suspension was provided to the
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 the Consultant in the
performance of services under this Agreement, the amounts of the Consultant’s
compensation shall be equitably adjusted as approved by the 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, the 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 suspension or
abandonment. In the event of such suspension or abandonment, the Consultant
shall deliver to the Town all finished or unfinished documents, data, studies,
drawings, maps, models, reports, photographs, and/or any other items prepared
by the Consultant in connection with this Agreement prior to the Consultant
receiving final payment. If the Project is resumed after being suspended for
more than three (3) months, the Consultant’s compensation shall be equitably
adjusted as approved by the Town. Any additional amounts paid to the
Consultant after the Project is resumed shall be agreed upon in writing by both
parties before the services are performed.
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ARTICLE 4
OWNERSHIP OF DOCUMENTS
4.1 Documents Property of the Town – The Project is the property of the Town,
and the 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 the Town’s prior written consent.
The 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, the 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
the 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 – The Consultant
acknowledges that the 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 the Consultant (and the 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 may be subject to release under the Texas Public
Information Act (Texas Government Code, Chapter 552) and/or 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, the
Consultant shall maintain, at no expense to the Town, a general liability
insurance policy with a company that maintains a minimum rating of “A” by A.M.
Best’s Key Rating Guide, or other equivalent rating service(s), authorized to
transact business in the State of Texas, in an amount not less than One Million
and 00/100 Dollars ($1,000,000.00) for each occurrence, and Two Million and
00/100 Dollars ($2,000,000.00) in the aggregate. Such policy shall name the
Town, its officers, agents, representatives, and employees as additional insured
as to all applicable coverage. Such policy shall provide for a waiver of
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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 the Town at
least thirty (30) days prior to cancellation, non-renewal, or material modification
of any policies, evidenced by return receipt or United States Certified Mail. The
Consultant shall furnish the 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, the
Consultant shall maintain, at no expense to the 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 the Town at least thirty (30) days
prior to cancellation, non-renewal, or material modification of any policies,
evidenced by return receipt or United States Certified Mail. The Consultant shall
furnish the 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, the
Consultant shall maintain, at no expense to the 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 the Town at least thirty (30) days prior to cancellation, non-
renewal, or material modification of any policies, evidenced by return receipt or
United States Certified Mail. The Consultant shall furnish the 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, the Consultant shall
maintain, at no expense to the Town, an umbrella coverage or excess liability
coverage insurance policy with a company that maintains a minimum rating of “A”
by A.M. Best’s Key Rating Guide, or other equivalent rating service(s), authorized
to transact business in the State of Texas, in an amount of Two Million and
00/100 Dollars ($2,000,000.00). Such policy shall require the provision of written
notice to the Town at least thirty (30) days prior to cancellation, non-renewal, or
material modification of any policies, evidenced by return receipt or United States
Certified Mail. The Consultant shall furnish the Town with certificates evidencing
such coverage prior to commencing work on the Project.
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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, the 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 the Consultant shall execute the Affidavit attached hereto as Exhibit F.
The Consultant understands and agrees that the existence of a prohibited interest
during the term of this Agreement will render the Agreement voidable.
The 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 the 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
The Town may, upon thirty (30) days’ written notice to the 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 the Town terminates this
Agreement due to a default of and/or breach by the Consultant and the expense of
finishing the Project exceeds the Consultant’s Fee at the time of termination, the
Consultant waives its right to any portion of Consultant’s Fee as set forth in Article 3
herein and agrees to pay any costs over and above the fee which the Town is required
to pay in order to finish the Project. On any default and/or breach by the Consultant, the
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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 the Consultant as set forth in Article 3 herein. If the Town terminates this
Agreement and the Consultant is not in default of the Agreement, the 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, the Consultant shall deliver to the Town all finished
and/or unfinished documents, data, studies, surveys, drawings, maps, models, reports,
photographs and/or any items prepared by the Consultant in connection with this
Agreement prior to the 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
THE CONSULTANT DOES HEREBY COVENANT AND CONTRACT TO WAIVE ALL
CLAIMS, RELEASE, INDEMNIFY AND HOLD HARMLESS THE TOWN AND ALL OF
ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES AND INVITEES, IN BOTH
THEIR PUBLIC AND PRIVATE CAPACITIES, FROM ANY AND ALL LIABILITY,
CLAIMS, SUITS, DEMANDS OR CAUSES OF ACTION, INCLUDING ALL EXPENSES
OF LITIGATION AND/OR SETTLEMENT, THAT MAY ARISE BY REASON OF
DEATH OR INJURY TO PERSONS OR DAMAGE TO OR LOSS OF USE OF
PROPERTY OCCASIONED BY ANY WRONGFUL INTENTIONAL ACT OR
OMISSION OF THE CONSULTANT AS WELL AS ANY NEGLIGENT OMISSION, ACT
OR ERROR OF THE CONSULTANT, ITS OFFICIALS, OFFICERS, AGENTS,
EMPLOYEES AND INVITEES, OR OTHER PERSONS FOR WHOM THE
CONSULTANT IS LEGALLY LIABLE WITH REGARD TO THE PERFORMANCE OF
THIS AGREEMENT, AND THE CONSULTANT WILL, AT ITS OWN COST AND
EXPENSE, DEFEND AND PROTECT THE TOWN AGAINST ANY AND ALL SUCH
CLAIMS AND DEMANDS.
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THE CONSULTANT’S OBLIGATIONS TO THE TOWN UNDER THIS PROVISION
SHALL BE LIMITED TO THE APPLICABLE INSURANCE COVERAGE(S) THE
CONSULTANT IS REQUIRED TO PROVIDE IN ACCORDANCE WITH THE TERMS
AND PROVISIONS OF THIS AGREEMENT PLUS ANY DEDUCTIBLE AMOUNT(S)
TO BE PAID BY THE CONSULTANT IN CONJUNCTION WITH SAID COVERAGE(S)
FOR EACH OCCURRENCE GIVING RISE TO ANY SUCH LIABILITY, CLAIMS,
SUITS, DEMANDS OR CAUSES OF ACTION. IF, HOWEVER, THE CONSULTANT
FAILS TO PURCHASE AND/OR MAINTAIN ONE OR MORE TYPES OF INSURANCE
COVERAGE IN THE AMOUNT(S) REQUIRED BY THIS AGREEMENT, THE
CONSULTANT’S OBLIGATIONS TO THE TOWN UNDER THIS PROVISION SHALL
IN NO WAY BE LIMITED.
ARTICLE 11
NOTICES
The Consultant agrees that all notices or communications to the Town permitted or
required under this Agreement shall be delivered to the Town at the following
addresses:
Harlan Jefferson
Town Manager
Town of Prosper
P.O. Box 307
Prosper, Texas 75078
The Town agrees that all notices or communication to the Consultant permitted or
required under this Agreement shall be delivered to the Consultant at the following
addresses:
Jeff Payne
Principal
Freese and Nichols, Inc.
6136 Frisco Square Blvd., #200
Frisco, Texas 75034
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.
Item 7
Town of Prosper, Texas – Professional Services Agreement Page 14 of 31
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 the
Consultant, and there shall be no third party billing.
12.3 Successors and Assigns – The Town and the 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
Item 7
Town of Prosper, Texas – Professional Services Agreement Page 15 of 31
such invalid, illegal, void, unenforceable or unlawful provision had never been
contained herein.
12.5 Venue – This entire Agreement is performable in Collin County, Texas, and the
venue for any action related directly or indirectly, to this Agreement or in any
manner connected therewith shall be in Collin County, Texas, and this
Agreement shall be construed under the laws of the State of Texas.
12.6 Execution / Consideration – This Agreement is executed by the parties hereto
without coercion or duress for any substantial consideration, the sufficiency of
which is forever confessed.
12.7 Authority – The individuals executing this Agreement on behalf of the respective
parties below represent to each other that all appropriate and necessary action
has been taken to authorize the individual who is executing this Agreement to do
so for and on behalf of the party for which his or her signature appears, that there
are no other parties or entities required to execute this Agreement in order for the
same to be an authorized and binding agreement on the other party for whom the
individual is signing this Agreement and that each individual affixing his or her
signature hereto is authorized to do so, and such authorization is valid and
effective on the date hereof.
12.8 Waiver – Waiver by either party of any breach of this Agreement, or the failure of
either party to enforce any of the provisions of this Agreement, at any time, shall
not in any way affect, limit, or waive such party’s right thereafter to enforce and
compel strict compliance.
12.9 Headings – The headings of the various sections of this Agreement are included
solely for convenience of reference and are not to be full or accurate descriptions
of the content thereof.
12.10 Multiple Counterparts – This Agreement may be executed in a number of
identical counterparts, each of which shall be deemed an original for all
purposes.
12.11 Sovereign Immunity – The parties agree that the Town has not waived its
sovereign immunity by entering into and performing its obligations under this
Agreement.
12.12 Additional Representations – Each signatory represents this Agreement has
been read by the party for which this Agreement is executed and that such party
has had the opportunity to confer with its counsel.
12.13 Miscellaneous Drafting Provisions – This Agreement shall be deemed drafted
equally by all parties hereto. The language of all parts of this Agreement shall be
construed as a whole according to its fair meaning, and any presumption or
Item 7
Town of Prosper, Texas – Professional Services Agreement Page 16 of 31
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.
TOWN CONSULTANT
Town of Prosper, Texas Freese and Nichols, Inc.
By: _____________________________ By: ____________________________
Harlan Jefferson Jeff Payne
Title: Town Manager Title: Principal
Item 7
Town of Prosper, Texas – Professional Services Agreement Page 17 of 31
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 CAPACITY THEREIN STATED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS _____ DAY OF
_____________________, 20___.
________________________________________________
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 JEFF PAYNE,
KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE
FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED
THE SAME FOR THE PURPOSE AND CONSIDERATION EXPRESSED, AND IN THE
CAPACITY THEREIN STATED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS _____ DAY OF
______________________, 20___.
________________________________________________
NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS
My commission expires: ____________________________
Item 7
EXHIBIT A
SCOPE OF SERVICES
Town of Prosper, Texas – Professional Services Agreement Page 18 of 31
Agreement by and between the Town of Prosper, Texas (Town)
and Freese and Nichols, Inc. (Consultant)
to perform Engineering Services for Lower Pressure Plane Water Supply
Evaluation
I. PROJECT DESCRIPTION.
The purpose of this task is to provide a side-by-side life cycle cost comparison of
supply to the Lower Pressure Plane from UTRWD and North Texas Municipal Water
District (NTMWD). This task does not include providing a water supplier
recommendation for the Lower Pressure Plane but provides a life cycle cost
comparison for the Town to use in their decision making process.
II. TASK SUMMARY, BASIC SERVICES.
1. Water Supply Evaluation Kickoff Meeting and Coordination Meetings:
FNI will conduct a water supply evaluation kickoff meeting with the Town to
discuss project scope, goals, schedule, and to establish lines of
communication. FNI will arrange and attend one (1) meeting with UTRWD
and Town staff to discuss projected water demands, contract structure, rates,
buy-in costs, and other costs involved with becoming a direct customer of
UTRWD. FNI will arrange and attend one (1) meeting with NTMWD and
Town staff to discuss projected water demands and costs associated with
future increases in meter size.
2. CIP Development: FNI will utilize the Buildout model run developed in the
2011 Impact Fee Study to determine improvement alternatives with cost
estimates and mapping needed to meet projected growth in the Lower
Pressure Plane through Buildout based on supply from UTRWD. Water
facilities and lines will be sized to provide adequate fire flows of 1,000 gpm
under maximum day demand conditions and meet peak hour demands with
adequate residual pressures.
3. Analysis of Supply Sources: FNI will analyze two (2) water supply
scenarios to serve the proposed Lower Pressure Plane including supply from
NTMWD or UTWRD. The CIP developed in the 2011 Impact Fee Study will
be utilized for the scenario with service to the proposed Lower Pressure
Plane from NTMWD. FNI will consider the following items in the evaluation of
each of the sources and locations of potential delivery points:
Capital costs for improvements needed for Buildout of the Town with
timing of costs
Item 7
EXHIBIT A
SCOPE OF SERVICES
Town of Prosper, Texas – Professional Services Agreement Page 19 of 31
Utilization of existing facilities and changes required in the Town’s
distribution system
The initial cost of construction, any buy-in required, and improvements to
the supplier’s facilities
30-year life cycle cost of water service including power costs, water rate,
take or pay minimums, rate of flow controller adjustments, and any
surcharges
4. Prepare Draft Water Supply Evaluation Technical Memorandum: FNI will
prepare a draft technical memorandum documenting the water supply
evaluation. One (1) electronic PDF copy of the draft Water Supply Evaluation
Technical Memorandum will be provided.
5. Water Supply Evaluation Workshop: FNI will conduct one (1) workshop
with the Town to review and discuss the results of the water supply
evaluation.
6. Prepare Final Water Supply Evaluation Technical Memorandum: FNI will
update draft technical memorandum based on Town staff comments and
prepare a final technical memorandum. Ten (10) hard copies and one (1)
electronic PDF copy will be provided.
III. TASK SUMMARY, SPECIAL SERVICES.
None
IV. ITEMS NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES.
A. Additional Services not included in the existing Scope of Services
None
V. DELIVERABLES.
A. Required Deliverables – At the completion of Tasks 1 through 6, Consultant
shall ensure the delivery of the following products to the Town:
1. Deliverable #1 – CIP Based on Supply from UTRWD
2. Deliverable #2 – Draft Technical Memorandum
3. Deliverable #3 – Final Technical Memorandum
Item 7
EXHIBIT A
SCOPE OF SERVICES
Town of Prosper, Texas – Professional Services Agreement Page 20 of 31
VI. PROJECT LABOR ALLOCATION.
Task Subtask Labor Hours
TASK 1 Kick off meeting with Town Staff and Coordination
Meetings with NTMWD and UTRWD
21
TASK 2 CIP Development 24
TASK 3 Analysis of Supply Sources 46
TASK 4 Prepare Draft Water Supply Evaluation Technical
Memorandum
18
TASK 5 Water Supply Evaluation Workshop
10
TASK 6 Prepare Final Water Supply Evaluation Technical
Memorandum
12
GRAND TOTAL
131
VII. ATTACHMENTS (IF APPLICABLE).
Item 7
EXHIBIT B
COMPENSATION SCHEDULE / PROJECT BILLING / PROJECT BUDGET
Town of Prosper, Texas – Professional Services Agreement Page 21 of 31
Agreement by and between the Town of Prosper (Town)
and Freese and Nichols, Inc. (Consultant)
to perform Engineering for Lower Pressure Plane Water Supply Evaluation,
Project Location
I. COMPENSATION SCHEDULE / PROJECT BILLING SUMMARY.
MONTH, DATE, YEAR DOLLAR AMOUNT TASK COMPLETED
July 2013 -- Town executes Agreement and Issues
Notice to Proceed to Consultant.
July 2013 -- Consultant’s receipt of fully executed
Agreement.
August 2013 $ 4,160 Task One, Meetings (Task Completed
and all task-related deliverables
completed as stated in Exhibit “A” and
accepted by the Town).
September 2013 $3,700 Task Two, CIP Development (Task
Completed and all task-related
deliverables completed as stated in
Exhibit “A” and accepted by the Town).
September 2013 $7,650 Task Three, Analysis of Supply
Sources Task Completed and all task-
related deliverables completed as stated
in Exhibit “A” and accepted by the
Town).
October 2013 $2,830 Task Four, Prepare Draft Water
Supply Evaluation Technical
Memorandum
Completed and all task-related
deliverables completed as stated in
Exhibit “A” and accepted by the Town).
October 2013 $ 1,930
Task Five, Water Supply Evaluation
Workshop
Completed and all task-related
deliverables completed as stated in
Exhibit “A” and accepted by the Town).
November 2013 $2,050 Task Six, Prepare Final Water Supply
Evaluation Technical Memorandum
Completed and all task-related
deliverables completed as stated in
Exhibit “A” and accepted by the Town).
TOTAL
CONSULTANT’S FEE
(NOT-TO-EXCEED)
$ 22,320
Item 7
EXHIBIT B
COMPENSATION SCHEDULE / PROJECT BILLING / PROJECT BUDGET
Town of Prosper, Texas – Professional Services Agreement Page 22 of 31
II. PROJECT BUDGET SUMMARY.
A. Basic Services.
1. Description of Basic Services.
a. Study $ 22,320.00
Project Budget, Grand Total (Lump Sum) $ 22,320.00
Item 7
EXHIBIT C
TOWN OF PROSPER
GUIDELINES FOR COMPUTER AIDED DESIGN AND DRAFTING (CADD)
Town of Prosper, Texas – Professional Services Agreement Page 23 of 31
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 7
EXHIBIT D
TOWN OF PROSPER GUIDELINES FOR DIRECT EXPENSES; GENERAL AND
ADMINISTRATIVE MARKUP; TRAVEL AND SUBSISTENCE EXPENSES
Town of Prosper, Texas – Professional Services Agreement Page 24 of 31
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 the
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 the
Town reimburse the Consultant at a higher standard mileage rate or pay
additional markup on charges for local transportation. Completion of the 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 the Town. Toll road subscriptions or
toll plaza receipts are not reimbursable. The Consultant agrees to place these
standards in all subcontracts for work on the Project.
B. Supplies, Material, Equipment – The Town shall reimburse the actual cost of
other similar direct Project-related expenses, which are duly presented in
advance and approved by the Town’s Project Manager in writing.
C. Commercial Reproduction – The Town shall reimburse the actual cost of
reproductions, specifically limited to progress prints prepared for presentation to
the 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. The Consultant shall provide such documentation to the
Town for review prior to submitting these expenses for reimbursement. The
Consultant agrees to place these standards in all subcontracts for work on the
Project.
D. In-House Reproduction – The Consultant shall make arrangements with the
Town for prior approval of in-house reproduction rates prior to submitting these
expenses for reimbursement. The Town shall provide the Consultant with a
standard format for documenting these charges. Completion of the Town’s
Item 7
EXHIBIT D
TOWN OF PROSPER GUIDELINES FOR DIRECT EXPENSES; GENERAL AND
ADMINISTRATIVE MARKUP; TRAVEL AND SUBSISTENCE EXPENSES
Town of Prosper, Texas – Professional Services Agreement Page 25 of 31
reproduction log is required as a prerequisite for payment, including the number
or reproductions, the date, time, description, the approved standard rate, and a
justification for each submitted expense for reimbursement. The Consultant
agrees to place these standards in all subcontracts for work on the Project.
E. Commercial Plotting – The 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. The Consultant shall provide such documentation to the
Town for review prior to submitting these expenses for reimbursement. The
Consultant agrees to place these standards in all subcontracts for work on the
Project.
F. In-House Plotting – The Consultant shall make arrangements with the Town for
prior written approval of in-house plotting rates prior to submitting these charges
for reimbursement. The Town shall provide the 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 – The 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. The
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 7
EXHIBIT D
TOWN OF PROSPER GUIDELINES FOR DIRECT EXPENSES; GENERAL AND
ADMINISTRATIVE MARKUP; TRAVEL AND SUBSISTENCE EXPENSES
Town of Prosper, Texas – Professional Services Agreement Page 26 of 31
III. GUIDELINES FOR GENERAL AND ADMINISTRATIVE MARKUP.
A. Requirement of Prior Approval – The Consultant may be allowed to charge a
General and/or Administrative Markup on work completed if the Consultant can
clearly define to the Town specifically what costs are included in the markup
calculation. To apply General and/or Administrative Markup, the Consultant must
also document to the Town what costs would be considered direct costs. The
Town shall issue approval in writing to allow the Consultant to charge General
and/or Administrative Markup. The 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 – The 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 the Town employees
according to current adopted policy. Prior to the event, the Consultant shall
request, and the Town’s Project Manager shall provide the provisions and the
restrictions that apply to out-of-town reimbursements.
Item 7
EXHIBIT E
TOWN OF PROSPER CONTRACTOR INSURANCE GUIDELINES
Town of Prosper, Texas – Professional Services Agreement Page 27 of 31
I. REQUIREMENT OF GENERAL LIABILITY INSURANCE –
A. Such policy shall name the Town, its officers, agents, representatives, and
employees as additional insured as to all applicable coverage with the exception
of workers compensation insurance.
B. Such policy shall require the provision of written notice to the Town at least thirty
(30) days prior to cancellation, non-renewal, or material modification of any
policies, evidenced by return receipt or United States Certified Mail.
C. Such policy shall provide for a waiver of subrogation against the Town for
injuries, including death, property damage, or any other loss to the extent the
same is covered by the proceeds of the insurance.
II. INSURANCE COMPANY QUALIFICATION – All insurance companies providing
the required insurance shall be authorized to transact business in the State of
Texas, and shall have a minimum rating of “A” by A.M. Best’s Key Rating Guide, or
other equivalent rating service(s).
III. CERTIFICATE OF INSURANCE – A Certificate of Insurance evidencing the
required insurance shall be submitted with the contractor’s bid or response to
proposal. If the contract is renewed or extended by the Town a Certificate of
Insurance shall also be provided to the Town prior to the date the contract is
renewed or extended.
Item 7
EXHIBIT E
TOWN OF PROSPER CONTRACTOR INSURANCE GUIDELINES
Town of Prosper, Texas – Professional Services Agreement Page 28 of 31
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 7
EXHIBIT F
AFFIDAVIT
Town of Prosper, Texas – Professional Services Agreement Page 29 of 31
STATE OF TEXAS )
)
THE COUNTY OF ______________ )
I, ___________________________, a member of the Consultant team, make this
affidavit and hereby on oath state the following:
I, and/or a person or persons related to me, have the following interest in a business
entity that would be affected by the work or decision on the Project (Check all that
apply):
_____ Ownership of 10% or more of the voting shares of the business entity.
_____ Ownership of Twenty Five Thousand and 00/100 Dollars ($25,000.00) or
more of the fair market value of the business entity.
_____ Funds received from the business entity exceed ten percent (10%) of my
income for the previous year.
_____ Real property is involved, and I have an equitable or legal ownership with
a fair market value of at least Twenty Five Thousand and 00/100 Dollars
($25,000.00).
_____ A relative of mine has substantial interest in the business entity or property
that would be affected by my business decision of the public body of which
I am a member.
_____ Other: _________________________________________________.
_____ None of the Above.
Upon filing this affidavit with the Town of Prosper, Texas, I further affirm that no relative
of mine, in the first degree by consanguinity or affinity, as defined in Chapter 573 of the
Texas Government Code, is a member of a public body which took action on the
agreement.
Signed this _____________________ day of _____________________, 20___.
_____________________________________
Signature of Official / Title
BEFORE ME, the undersigned authority, this day personally appeared
____________________________ and on oath stated that the facts hereinabove stated
are true to the best of his / her knowledge or belief.
Sworn to and subscribed before me on this _____ day of ________________________,
2013.
_____________________________________
Notary Public in and for the State of Texas
My commission expires: __________________
Item 7
EXHIBIT G
CONFLICT OF INTEREST QUESTIONNAIRE, FORM CIQ
Town of Prosper, Texas – Professional Services Agreement Page 30 of 31
Item 7
Adopted 06/29/2007
FORM CIQ
OFFICE USE ONLYThis questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code
by a person who has a business relationship as defined by Section 176.001(1-a) with a local
governmental entity and the person meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental
entity not later than the 7th business day after the date the person becomes aware of facts
that require the statement to be filed. See Section 176.006, Local Government Code.
A person commits an offense if the person knowingly violates Section 176.006, Local
Government Code. An offense under this section is a Class C misdemeanor.
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor or other person doing business with local governmental entity
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not
later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
Name of person who has a business relationship with local governmental entity.1
2
3
Date Received
Name of local government officer with whom filer has employment or business relationship.
Name of Officer
This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an
employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional
pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment
income, from the filer of the questionnaire?
Yes No
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the
direction of the local government officer named in this section AND the taxable income is not received from the local
governmental entity?
Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local
government officer serves as an officer or director, or holds an ownership of 10 percent or more?
Yes No
D. Describe each employment or business relationship with the local government officer named in this section.
Date
4
Town of Prosper
Freese and Nichols, Inc.
N/A
N/A
N/A
N/A
5/10/13
Signature of person doing business with the governmental entity
Item 7
Page 1 of 2
To: Mayor and Town Council
From: Harlan Jefferson, Town Manager
Re: Town Council Meeting – July 9, 2013
Agenda Item:
Consider and act upon approving the Fourth Amendment to the Development and Financing
Agreement between the Town of Prosper and Blue Star Land, L.P., 183 Land Corp., and Blue
Star Allen Land, L.P.
Description of Agenda Item:
On March 25, 2008, the Town entered into a Development and Financing Agreement with the
above stated parties in advance of the development of the “Gates of Prosper” project. Since
that time, the Town Council has approved three amendments: the first on April 28, 2011, and
the second on October 11, 2011, extending the agreement six months each time. The third
amendment occurred on June 12, 2012, and extended the agreement to July 9, 2013. The
Town is in continual contact with representatives of Blue Star on a variety of development-
related issues including more recently, for example, the six-lane construction of Preston Rd., the
extension of the water line west to service the Prosper Partners and Terra Verde developments
west of the Dallas North Tollway, and their most recent meetings with retailers at the
International Shopping Center conference.
As a result of these ongoing discussions, it was deemed important that the two groups continue
the Development and Financing Agreement through July 9, 2014. This time frame will allow
enough time for Blue Star to obtain Letters of Intent and finalize approved sites plans from
retailers. We will also continue to develop strategies to provide sewer service to the
development.
Budget Impact:
There is no impact on the budget with the approval of this fourth amendment.
Legal Obligations and Review:
Attorney Pete Smith drafted the agreement.
Attached Documents:
1. Fourth Amendment to the Development and Financing Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council consider and approve the Fourth Amendment to
the Development and Financing Agreement between the Town of Prosper and Blue Star Land,
L.P., 183 Land Corp., and Blue Star Allen Land, L.P.
Prosper is a place where everyone matters.
ADMINISTRATION
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Proposed Motion: I move to approve the Fourth Amendment to the Development and Financing
Agreement between the Town of Prosper and Blue Star Land, L.P., 183 Land Corp., and Blue
Star Allen Land, L.P.
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