08.13.2013 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 non-
controversial. The Consent Agenda can be acted upon in one motion. Items may be
removed from the Consent Agenda by the request of Council Members or staff.)
4a. Consider and act upon minutes from the following Town Council meeting. (RB)
Regular Meeting – July 23, 2013
4b. Consider and act upon approving the Agency Client Agreement for Fiscal Year
2013-2014 between the Town of Prosper and Zenitram and Associates, d.b.a.
Municipal Voice. (HJ)
4c. Consider and act upon approving an Agreement with Collin County for the
Provision of Firefighting and Fire Protection Services. (RT)
4d. Consider and act upon authorizing the Town Manager to execute a Fourth
Amendment to the Preannexation Agreement between the Town of Prosper and
TVG Texas I, LLC. (CC)
4e. Consider and act upon authorizing the Town Manager to execute an
Encroachment on Easement Agreement within the limits of the La Cima Hike and
Bike Trail property between the Town of Prosper and Oncor Electric Delivery
Company. (PN)
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 “Speaker Request Form” and present it to the Town Secretary prior to the
meeting.)
Other Comments by the Public -
AGENDA
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, August 13, 2013
Meeting begins at 6:00 p.m.
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REGULAR AGENDA:
(If you wish to address the Council during the regular agenda portion of the meeting,
please fill out a “Speaker Request Form” and present it to the Town Secretary prior to
the meeting. Citizens wishing to address the Council for items listed as public hearings
will be recognized by the Mayor. Those wishing to speak on a non-public hearing
related item will be recognized on a case-by-case basis, at the discretion of the Mayor
and Town Council.)
DEPARTMENT ITEMS:
6. Submission of the FY 2013-2014 Proposed Budget and Budget Message by the Town
Manager. (HJ)
7. Consider and act upon a schedule for public hearings on the FY 2013-2014 Proposed
Budget. (HJ)
8. Consider accepting the submission of the certified collection rate of 100 percent for the
fiscal year beginning October 1, 2013, and ending September 30, 2014. (HJ)
9. Consider approval of Ordinance No. 13-45 establishing the 2013 certified appraisal roll.
(HJ)
10. Consider accepting the submission of the notice of an effective tax rate of $0.491217 per
$100 assessed valuation and a rollback tax rate of $0.463067 per $100 assessed
valuation for the fiscal year beginning October 1, 2013, and ending September 30, 2014.
(HJ)
11. Consider and act upon a proposed FY 2013-2014 property tax rate. (HJ)
12. Consider and act upon a schedule for public hearings on the proposed FY 2013-2014
tax rate. (HJ)
13. Consider and act upon an award of bid to Dickerson Construction Company, Inc., and
authorize the Town Manager to execute a Construction Services Contract Agreement
between Dickerson Construction Company, Inc., and the Town of Prosper related to
construction services for the RaceTrac Offsite Water Line. (MB)
14. 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:
14a. Section 551.087. To discuss and consider economic development incentives.
14b. 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.
14c. Section 551.074. To discuss appointments to the Planning & Zoning
Commission, Parks & Recreation Board, Prosper Economic Development
Corporation Board, Board of Adjustment, and Construction Board of Appeals.
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14d. Section 551.071. Consultation with Town Attorney regarding legal issues
associated with proposed extraterritorial jurisdiction release, and all matters
incident and related thereto.
15. To reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
16. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Proposed recreation programs
17. Adjourn.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the inside window at the
Town Hall of the Town of Prosper, Texas, 121 W. Broadway Street, Prosper, Texas, a place convenient and readily
accessible to the general public at all times, and said Notice was posted on the following date and time:
On August 9, 2013, at 5:00 p.m. and remained so posted at least 72 hours before said meeting was convened.
________________________________________ ____________________
Robyn Battle, Town Secretary Date Noticed Removed
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 6:01 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro Tem Meigs Miller
Deputy Mayor Pro Tem Kenneth Dugger
Council Member Danny Wilson
Council Member Jason Dixon
Council Members Absent:
Council Member Michael Korbuly
Council Member Curry Vogelsang
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
Paul Naughton, Landscape Architect
Ronnie Tucker, Fire Chief
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Pastor David Vestal from Lighthouse Christian Fellowship led the invocation. The
Pledge of Allegiance and the Pledge to the Texas Flag were recited.
Council Member Vogelsang took his place at the Council bench at 6:03 p.m.
3. Announcements of upcoming events.
Deputy Mayor Pro Tem Dugger made the following announcements:
“Friday at the Park” will take place once again on Friday, August 2, at Frontier Park
Pavilion. This event features an outdoor movie, music, food and entertainment.
Activities start at 6:30 p.m., and the movie “Madagascar 3: Europe’s Most Wanted” will
start at dusk.
Applications for the Town’s Boards and Commissions will be accepted through August 2.
Applications are available at Town Hall, the EDC Office, and the Town’s website.
Descriptions of the various town Boards are available on the Town website or by
contacting Robyn Battle, the Town Secretary.
MINUTES
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, July 23, 2013
6:00 p.m. Regular Meeting
Item 4a
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On Monday, August 5, the Town will present the third seminar in a series of water
conservation-related seminars presented in partnership with Agri-Life of Texas A&M.
This seminar on Rainwater Harvesting and Rain Barrel Construction will take place at
the Prosper Community Library on the campus of Reynolds Middle School from 6:30-
8:30 p.m.
Town Librarian Linda Shaw provided information on the Library’s Summer Reading
Program.
4. CONSENT AGENDA
(Items placed on the Consent Agenda are considered routine in nature and non-
controversial. The Consent Agenda can be acted upon in one motion. Items may be
removed from the Consent Agenda by the request of Council Members or staff.)
4a. Consider and act upon minutes from the following Town Council meeting. (RB)
Regular Meeting – July 9, 2013
4b. Consider and act upon the monthly financial reports for May 2013. (HJ)
Mayor Pro Tem Miller made a motion and Deputy Mayor Pro Tem Dugger seconded the
motion to approve all items on the Consent Agenda. The motion was approved by a
vote of 6-0.
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 “Speaker Request Form” and present it to the Town Secretary prior to the meeting.)
There were no Citizen Comments.
REGULAR AGENDA:
(If you wish to address the Council during the regular agenda portion of the meeting,
please fill out a “Speaker Request Form” and present it to the Town Secretary prior to
the meeting. Citizens wishing to address the Council for items listed as public hearings
will be recognized by the Mayor. Those wishing to speak on a non-public hearing
related item will be recognized on a case-by-case basis, at the discretion of the Mayor
and Town Council.)
DEPARTMENT ITEMS:
6. Discussion on design of Cockrell Park. (PN)
Paul Naughton, Landscape Architect, presented this item before Council. The contract
for the design of Cockrell Park was awarded to Freese & Nichols at the May 28, 2013,
Town Council meeting. Options for the base bid design as well as additional alternate
items such as athletic field lighting, plaza area improvements, a pavilion, trail markers
and landscaping were presented to Council. The Town has applied for grant funding
from Collin County to help fund this project. Areas of concern included irrigation, the
utility easement, and overhead power lines.
Item 4a
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Mayor Smith recognized the following citizens who requested to speak on this item:
Winston Stallings, 4231 Wilson Creek Trail, Prosper, Texas, had no comments, but was
attending the meeting to learn more about the project.
Richard Dotter, 16250 Knoll Trail, Dallas, Texas, works for Clark Partners, who
conveyed the land to the Town last year. Mr. Dotter reviewed the stipulations in the land
dedication documents, as well as the Town’s 2007 Parks, Recreation and Open Space
Master Plan regarding the criteria for neighborhood parks. Hulon Webb, Executive
Director of Development and Community Services, responded by stating that although
neighborhood parks do not typically have athletic field lighting, it is not prohibited. Mr.
Dotter expressed his company’s opposition to athletic field lighting in Cockrell Park.
Nicholas Nordman, 4221 Bellingrath, Prosper, Texas, spoke in opposition to athletic field
lighting in Cockrell Park.
Ryan Townsend, 4211 Pine Needle Court, Prosper, Texas, spoke in opposition to
athletic field lighting in Cockrell Park, noting that there are already lights at the nearby
elementary school.
James Martin, 4280 Wilson Creek Trail, Prosper, Texas, spoke in opposition to athletic
field lighting in Cockrell Park, stipulating that if lighting were to be allowed, that time
limits be implemented.
Mayor Smith and the Town Council thanked the citizens for their comments and
feedback. Council directed staff to continue research on irrigation, lighting options, and
the size of the usable area of the park. After discussion, Mr. Webb, explained that the
Parks and Recreation Board has recommended including all of the alternate bid items in
the final project. The final cost of the project, and the determination of which alternate
items to include, may be discussed and determined by the Town Council at a future
meeting depending on whether the Town receives grant funding from Collin County.
Mayor Smith recognized Ann Lieber, who spoke in opposition to Council members
having side conversations during the discussion of this item.
Mayor Smith recognized Nicholas Nordman, who questioned whether the intent of the
park was to be a neighborhood park or a practice field. Mayor Smith responded that due
to the demand for additional practice fields, Cockrell Park may be utilized temporarily as
a practice field until some of the Town’s other facilities are completed.
7. 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:
7a. Section 551.087. To discuss and consider economic development
incentives.
Item 4a
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7b. 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 6:57 p.m.
8. To reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Regular Session was reconvened at 8:15 p.m. No action was taken as a result of
Executive Session.
9. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
10. Adjourn.
Deputy Mayor Pro Tem Dugger made a motion and Council Member Wilson seconded
the motion to adjourn the meeting at 8:16 p.m., on Tuesday, July 23, 2013. The motion
was approved by a vote of 6-0.
These minutes approved on the 13th day of August, 2013.
APPROVED:
Ray Smith, Mayor
ATTEST:
Robyn Battle, Town Secretary
Item 4a
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To: Mayor and Town Council
From: Harlan Jefferson, Town Manager
Re: Town Council Meeting – August 13, 2013
Agenda Item:
Consider and act upon approving the Agency Client Agreement for Fiscal Year 2013-2014
between the Town of Prosper and Zenitram and Associates, d.b.a Municipal Voice.
Description of Agenda Item:
The Town of Prosper entered into its first contract with Municipal Voice to provide professional
public information services to the Town on December 14, 2009. The Town has reviewed the
annual contract each year since 2009 and staff would like to continue using the services of
Municipal Voice which partially include the following: a minimum of five press releases per
month; weekly Resident Updates; the monthly employee newsletter; regularly scheduled water
bill inserts; and updates to the Town’s Website and Social Media. This list is not all inclusive
and only highlights some of the services provided by the company.
Budget Impact:
The base monthly fee is $3,000 per month ($36,000 annually), which covers basic public
information services. Production/media expenses would be over and above the $3,000 monthly
fee. Authorization will be required for any expenditure in excess of $100 on behalf of the Town.
Legal Obligations and Review:
Terry Welch with Brown & Hofmeister, L.L.P., has reviewed the Agency Client Agreement as to
form and legality.
Attached Documents:
1. Agency Client Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council consider and approve the Agency Client
Agreement between the Town of Prosper and Zenitram and Associates, d.b.a Municipal Voice.
Proposed Motion:
I move to approve the Agency Client Agreement between the Town of Prosper and Zenitram
and Associates, d.b.a Municipal Voice.
Prosper is a place where everyone matters.
ADMINISTRATION
Item 4b
1209 Constitution Dr., Suite 100 McKinney, TX 75071 972-623-8836
Agency Client Agreement
2013-2014 Fiscal Year
Town of Prosper
July 9, 2013
I. SERVICES
We shall provide such services as set forth in Addendum A attached to this
agreement. Addendum A includes 1) a list of specific services that we recognize are
direct deliverables to you, and 2) a list of general services that describe the full range
of what we will be providing. Services listed in Addendum A will be undertaken until
we receive notice from you or someone you designate to change, modify, delete or
initiate a service. Additional services can be added by mutual consent.
II. FINANCIAL ARRANGEMENTS
1. Fees
For services provided in Addendum A, we will bill you a minimum of $3,000 monthly.
You will receive an invoice on or about the fifteenth day of each month. The monthly
investment is guaranteed to remain stable through the 2014-2015 fiscal year.
At any time during the life of this agreement at the request of either party and prior to
the end of each period of the agreement, the parties shall discuss any adjustments
to the services to be provided and the compensation payable to us. However, until
the parties mutually agree on such revised terms, the then-current services and
compensation shall remain in effect.
2. Expenses
Production Expenses Where we use the services of a supplier to provide services to
you, or purchase media on your behalf, and we pay for the services or media instead
of you, you agree to pay us the cost of the supplier services together with a mark-up
that will yield us 15% of the gross amount as a commission. Depending on our
scope of work, these services may include mechanical and art costs (including
typography, artwork and comprehensive layouts), news distribution costs (including
wire services and mailing houses), audiovisual production costs (including
photography, slide and video production), research activities (including market
research fees, on-line database charges, clipping services, and focus group costs),
producer’s or packager’s fees, and third party spokesperson fees and expenses. We
shall have the right to require reasonable assurance of the availability of your funds
in advance of undertaking commitments on your behalf.
We will obtain your authorization before making any commitments for any
expenditure in excess of $100 on your behalf.
Charges that are direct-billed to the Town of Prosper will not carry the commission
rider.
Item 4b
Municipal Voice/Town of Prosper Agreement
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1209 Constitution Dr., Suite 100 McKinney, TX 75071 972-623-8836
Other Expenses We will also bill you monthly for all incidental and other expenses
incurred on your behalf, including, but not limited to, items such as travel, copying,
messengers, press mailings, and printing. All charges from outside vendors,
excluding travel expenses, will be subject to a standard 15% commission, unless
other arrangements have been made beforehand.
3. Invoice Payment Terms
You agree to pay all undisputed invoices within 30 days. We reserve the right to
assess a 1-1/2% per month finance charge for invoices that remain unpaid after 30
days. You also agree to reimburse us for all expenses, including reasonable
attorneys’ fees, incurred in the collection of any overdue and unpaid invoices. In the
unlikely event that our invoices remain unpaid for more than 30 days, we may also,
at our discretion, suspend work on your account. In addition, in the event any
invoices become overdue, all subsequent payments may, at our option, first be
applied to those invoices, which are overdue for the longest period of time until all
payments are up to date.
We review each bill for accuracy and value before we send it to you. However, it is
important that you also immediately review our bills and approve them for payment.
If you cannot approve any portions of our bills, you agree to contact us immediately
and to discuss the problem. If you do not inform us of your disapproval of our billings
or the overall amount of our ongoing charges, we will continue to provide services in
reliance on your implied approval of our billings.
III. TERM; TERMINATION
The term of this agreement shall commence as of October 1, 2013 and shall
continue until September 30, 2014. While we prefer to have a continuing long-term
relationship spelled out in the contract, we understand and respect your reluctance
to go beyond the 12-month fiscal year.
This agreement may be terminated by either party by giving 30 days’ prior written
notice to the other party, (“the letter of termination”). Our receipt of the letter of
termination shall cause a 30 day Notification Period to begin. During the Notification
Period, the rights, duties and responsibilities of you and us as Client and Agency
shall continue in full force and effect, including, but not limited to, us continuing to be
ready and willing to render services on your behalf and the payment of all fees,
hourly charges, expenses and other sums as provided in this Agreement.
In addition, either party may terminate this agreement if (a) a petition under any
bankruptcy law is filed by or against the other party, (b) the other party executes an
assignment for the benefit of creditors, (c) a receiver is appointed for the other party’s
assets, or (d) the other party becomes insolvent or takes advantage of any
insolvency or any similar statute.
IV. INDEMNIFICATION
Because of your intimate familiarity with your business and the fact that we serve as
your agent, we cannot undertake to verify all the facts supplied to us by you.
Item 4b
Municipal Voice/Town of Prosper Agreement
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1209 Constitution Dr., Suite 100 McKinney, TX 75071 972-623-8836
Because of this, to the extent allowed by law, you agree to indemnify, defend and
hold harmless us from and against all liabilities, losses, damages or expenses,
including reasonable attorneys’ fees and costs, which we may incur as the result of
any claim, suit or proceeding brought or threatened arising out of the nature or use of
your products or services or any assertions we may make on your behalf, including
assertions about your organization, your products or services, or about your
competitors and any of their products or services, in any materials we may prepare
for you, if, and only if, the assertions are based on information, representations,
reports, data or releases supplied to us by or through you, or which you approve
(excluding claims covered under our indemnity below).
Likewise, we will indemnify, defend and hold harmless you and your organization,
elected and appointed officials, your employees, officers, directors, shareholders,
licensees and agents against all liabilities, losses, damages or expenses, including
reasonable attorneys’ fees and costs, which you or such other party may incur as the
result of any claim, suit or proceeding brought or threatened against you pertaining to
libel, slander, defamation, copyright infringement, invasion of privacy and/or
plagiarism, except to the extent that such claims arise from information or materials
supplied by or through you.
In the event we are called upon to respond to or assist you in connection with
litigation commenced or threatened against you by third parties (for example, in
complying with a document subpoena), we will be entitled to staff time charges and
reimbursement of out-of-pocket expenses for services rendered to you, or time spent
by us in connection with such matters.
After we have issued material to the press or to another third party, its use is no
longer under our control. We cannot assure the use of materials by any media, nor
that any information published will accurately convey the information provided by us.
V. CONFIDENTIALITY
Each of us agrees to keep confidential and not to disclose or use for its own benefit
or for the benefit of any third party (except as may be required for the performance of
services under this agreement or as may be required by law), any information,
documents or materials which are identified by a party, at the time that they are
made available, to be proprietary or confidential. The confidentiality obligations in
the preceding sentence, however, shall not extend to any information, documents, or
materials that (a) become publicly available without breach of this provision, (b) are
received from a third party without restriction, or (c) are independently developed
without reference to information received hereunder from the other party, and
provided further that such obligations shall expire upon the first anniversary of the
effective date of termination of this contract.
VI. RETENTION OF MATERIALS
Confidential materials provided to us shall be maintained for a period no longer than
two years and, thereafter, either returned to you or discarded, as you direct in writing
at the end of our business relationship. If you prefer us to adopt a different practice
regarding the retention of confidential materials or, for that matter any materials that
Item 4b
Municipal Voice/Town of Prosper Agreement
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1209 Constitution Dr., Suite 100 McKinney, TX 75071 972-623-8836
are provided to us to perform services under this Agreement, please let us know in
writing.
VII. OWNERSHIP OF MATERIALS
We acknowledge and agree that, upon payment of all sums due to us under this
Agreement, all photography, brochures, manuals, film, signage, and other materials
(collectively referred to as “Materials”) generated by or for us in the performance of
this Agreement shall be deemed “work made for hire” and shall, between you and
us, be your exclusive property, subject to any third party rights, restrictions or
obligations of which we notify you. Likewise, you acknowledge that we retain
ownership of all works of authorship created by or for us prior to or separate from the
performance of services under this agreement, including, but not limited to, our
proprietary information/services, media lists, and third party relationships held by us.
VIII. AGREEMENT DISCLOSURE
We may publicize our agreement to work with you in the form of press releases and
announcements and will immediately include your name in our client roster for the
purpose of further business developments efforts. You will be given reasonable
opportunity to review and approve all information pertaining to your company prior to
public disclosure. You may also be requested to participate in additional activities,
such as success stories, references and public relations initiatives.
IX. DISPUTE RESOLUTION
We hope and expect that our relationship will be mutually beneficial and cooperative.
However, in the unlikely event that a dispute arises between us, we both agree to
make a good faith effort to resolve our differences by mediation before a mutually
agreeable neutral mediator. Each party shall bear half the costs of mediation. In the
event that the dispute is not resolved in mediation, either party may seek any legal
recourse deemed advisable by that party.
X. GENERAL TERMS
Nothing contained in this Agreement shall create any partnership or joint venture
between the parties and we shall not be deemed to be your employee. We will be
acting as your agent when purchasing materials or services on your behalf, and you
agree that all orders placed and contracts entered into by us on your behalf with our
suppliers and other persons may so state. You acknowledge that we may from time
to time use consultants and/or subcontractors in the performance of our services
hereunder.
This agreement may not be assigned by either party without the prior written consent
of the other, and any such purported assignment shall be void. This agreement is
made in Texas and shall be construed and interpreted in accordance with the laws of
Texas, applicable to contracts made and to be performed entirely therein. This
document is a complete and exclusive statement of the terms of this agreement and
may not be changed orally but only in writing signed by both parties.
Item 4b
Municipal Voice/Town of Prosper Agreement
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1209 Constitution Dr., Suite 100 McKinney, TX 75071 972-623-8836
Please acknowledge your agreement by signing this letter and returning a copy to us.
We look forward to a mutually rewarding relationship.
Sincerely,
Zenitram and Associates, dba
Municipal Voice
Celso I. Martinez
President
AGREED TO AND ACCEPTED:
By:
Title:
Date:
Item 4b
Municipal Voice/Town of Prosper Agreement
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1209 Constitution Dr., Suite 100 McKinney, TX 75071 972-623-8836
Addendum A
1) Specific Services
1. Minimum of Five Press Releases per Month
Based on topics related to any portion of Town services, news and information, the
press releases will be developed in cooperation with Town staff and distributed to
selected local and regional media outlets.
2. Weekly Resident Updates
Each week, an e-mail campaign will be sent to the existing subscriber list with news and
information related to Town events and activities, Town Council agendas and
Summaries of Town Council meetings. These Resident Updates will be generated with
the concurrence of Town staff, and be under the direction of the Town Manager.
3. Monthly Employee Newsletter
An internal newsletter directed specifically toward the employee population will appear
once a month, and will include news and information either related directly to or intended
for employees of the Town of Prosper.
4. Regularly Scheduled Water Bill Inserts
Each month, or at the discretion of Utility Billing, we will develop an electronic version of
a newsletter aimed at water, storm water and solid waste customers.
5. Updates to Web Site and Social Media
Continuous updates to www.prospertx.gov will be part of the program including the
addition of news releases, informational documents, and other material intended for
outside audiences. In addition, we will maintain the Town’s Facebook and Twitter
accounts, as applicable, with content and updates.
6. Advice and Counsel
As requested, we will be available for high-quality advice and counsel regarding matters
of public debate.
Item 4b
Municipal Voice/Town of Prosper Agreement
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1209 Constitution Dr., Suite 100 McKinney, TX 75071 972-623-8836
2) General Services
1. Consultation – communications and public relations consultation in collaborative
interaction with Town of Prosper personnel.
2. Facilitation – meeting and seminar facilitation to obtain high-quality, dependable
information and input from stakeholders.
3. Conceptualization – creating, defining and processing concepts and ideas to
develop targeted message tracks and key learnings.
4. Writing and Editing – clear, concise writing and editing material based on
industry-accepted writing style.
5. Story Placement and Pitching – identifying and developing marketable news
stories for possible publication in local, regional, industry and national publications and
electronic outlets.
6. Presentation Development – creating logical, easy-to-follow, relevant material
on any of a variety of presentation platforms such as PowerPoint, PageMaker and
others.
7. Video and Audio Production – high quality writing, pre-production,
videography, editing, post production and final assembly of multi-media programs.
8. Online Media – designing, formatting, linking, writing and hosting of online media
communication services including email marketing, social networking, blogging and
podcasting.
9. Print Production Processes – writing, editing, design, mechanicals, proofs,
printing and delivery of flyers, brochures, packets, booklets, newsletters, annual reports,
and other printed products.
10. Graphic Design and Photography Services – in conjunction with consultants
and freelance professional artists and designers, all graphic and photographic services
provided.
11. Media Relations and Training – professional intervention with print, broadcast,
non-broadcast and social media as well as effective spokesperson training.
12. Crisis Communication – quick, responsive, collaborative development of key
messages, crafting of explanatory background, interpretation of events, and clarification
messaging for crisis events, activities and incidents.
13. Event Management – cost effective management of events, ensuring that each
event’s goals and objectives are met fully and unconditionally.
14. Brand Protection and Defense – constant and consistent safeguarding of the
Town of Prosper brand against attacks or other denigration.
15. Bilingual and Bicultural – consistency in messages to all media, whether the
format is English or Spanish.
Item 4b
Page 1 of 1
To: Mayor and Town Council
From: Ronnie Tucker, Fire Chief
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – August 13, 2013
Agenda Item:
Consider and act upon approving an agreement with Collin County for the provision of
firefighting and fire protection services.
Description of Agenda Item:
This agreement will provide firefighting and fire protection services for the unincorporated areas
of Collin County that are located within the ETJ of the Town of Prosper. Due to a change in
leadership and procedure in the Collin County Fire Marshal’s office, this upcoming budget year
will be the first time Collin County has entered into a formal contract with the Town for the
provision of fire services. The Town has a similar Interlocal Cooperation Agreement with
Denton County for fire protection services.
Budget Impact:
There are no significant budget implications associated with this item due to the small county
area remaining in Prosper’s ETJ.
Attached Documents:
1. Proposed Agreement for the Provision of Firefighting and Fire Protection Services.
Town Staff Recommendation:
Town staff recommends that the Town Council approve this item.
Proposed motion:
I move to approve the agreement with Collin County for the provision of firefighting and fire
protection services.
Prosper is a place where everyone matters.
FIRE
Item 4c
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Item 4c
Page 1 of 1
To: Mayor and Town Council
From: Chris Copple, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – August 13, 2013
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Fourth Amendment to the
Preannexation Agreement between the Town of Prosper and TVG Texas I, LLC.
Description of Agenda Item:
The Town of Prosper entered into a Preannexation Agreement for approximately 2,100 acres with
Forest City and Mahard Egg Farm on November 27, 2007, which has since been purchased by
TVG Texas I, LLC. The Town Council approved the First Amendment to the Agreement on
January 31, 2010, the Second Amendment to the Agreement on February 14, 2012, the Third
Amendment to the Agreement on December 11, 2012, regarding the same items as this Fourth
Amendment; the donation of the first elementary school site, the dedication of a 50-acre
Community Park Site, and the payment of a $100,000 Community Park Grant.
The Fourth Amendment extends the school dedication requirement to September 27, 2013 and the
Community Park Dedication and Community Park Grant to November 29, 2013. Town staff is
meeting with representatives of TVG Texas I, LLC on a regular basis to discuss various
development issues, including, but not limited to, the location of the 50-acre community park, a
neighborhood park site, a fire station site, and an elementary school site. Town staff understands
the representatives of TVG Texas I, LLC have been in dialogue with Prosper ISD and they are in
agreement with granting this extension.
Attached Documents:
1. The Fourth Amendment to the Preannexation Agreement between the Town of Prosper and TVG
Texas I, LLC.
Town Staff Recommendation:
Town staff recommends the Town Council authorize the Town Manager to execute a Fourth
Amendment to the Preannexation Agreement between the Town of Prosper and TVG Texas I,
LLC.
Proposed Motion:
I move to authorize the Town Manager to execute a Fourth Amendment to the Preannexation
Agreement between the Town of Prosper and TVG Texas I, LLC.
Prosper is a place where everyone matters.
DEVELOPMENT
SERVICES
Item 4d
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Item 4d
Item 4d
Page 1 of 1
Prosper is a place where everyone matters.
To: Mayor and Town Council
From: Paul Naughton, RLA, Landscape Architect
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – August 13, 2013
Agenda Item:
Consider and act upon authorizing the Town Manager to execute an Encroachment on Easement
Agreement within the limits of the La Cima Hike and Bike Trail property between the Town of
Prosper and Oncor Electric Delivery Company.
Description of Agenda Item:
The Town of Prosper is proposing to construct an 8-foot wide hike and bike trail that encroaches
into the Oncor Electric Delivery Company’s easement within the La Cima Phase 7 greenbelt
property. In order to construct this improvement within the limits of the proposed easement, Oncor
Electric Delivery Company and the Town of Prosper must enter into the attached agreement so
that the Town of Prosper will have permission to construct and maintain the proposed 8-foot wide
hike and bike trail within the easement.
Budget Impact:
There is no budget impact related to the proposed agreement.
Legal Obligations and Review:
The Encroachment on Easement Agreement is a standard Oncor Electric Delivery Company
document that has been reviewed and approved by the Town Attorney.
Attached Documents:
1. Encroachment on Easement Agreement
2. Location Map
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute the
Encroachment on Easement Agreement within the limits of the La Cima Hike and Bike Trail
property between the Town of Prosper and Oncor Electric Delivery Company.
Proposed Motion:
I move to authorize the Town Manger to execute the Encroachment on Easement Agreement
within the limits of the La Cima Hike and Bike Trail property between the Town of Prosper and
Oncor Electric Delivery Company.
PARKS &
RECREATION
Item 4e
Item 4e
Item 4e
Item 4e
Item 4e
Item 4e
Item 4e
Item 4e
Location Map
Hike and Bike Trail
Scope of Project
First Street
La Cima Boulevard Item 4e
Page 1 of 1
To: Mayor and Town Council
From: Harlan Jefferson, Town Manager
Re: Town Council Meeting – August 13, 2013
Agenda Item:
Submission of the FY 2013-2014 Proposed Budget and Budget Message by the Town Manager.
Description of Agenda Item:
In accordance with Town Charter, the referenced documentation completes the Town
Manager’s submission of the Proposed Budget and Budget Message for Fiscal Year 2013-2014.
The FY 2013-2014 Proposed Budget, including the Budget Message from the Town Manager,
was submitted to the Town Council under separate cover.
Town Staff Recommendation:
Town staff has submitted the FY 2013-2014 Proposed Budget and Budget Message under
separate cover to the Town Council for review.
Prosper is a place where everyone matters.
ADMINISTRATION
Item 6
Page 1 of 1
To: Mayor and Town Council
From: Harlan Jefferson, Town Manager
Re: Town Council Meeting – August 13, 2013
Agenda Item:
Consider and act upon a schedule for public hearings on the FY 2013-2014 Proposed Budget.
Description of Agenda Item:
According to Chapter 102 of the Local Government Code, the Town must hold a public hearing
on the proposed budget and must publish the notice for this meeting in addition to the notice
required under Truth in Taxation guidelines.
The budget hearings are recommended to be scheduled on the same days as the public
hearings on the proposal to increase tax revenues, if required.
August 29th is a special-called meeting and September 10th is a regular meeting of the Town
Council. These dates meet the Public Hearing requirements of the Local Government Code.
Given the timelines for publishing in the Prosper Press, staff will be submitting the notice of the
public hearings on the proposed budget to print in the August 21st Prosper Press.
Budget Impact:
Cost to publish the notice is budgeted.
Town Staff Recommendation:
Town staff recommends that the Town Council approve the proposed schedule for public
hearings on the FY 2013-2014 Proposed Budget.
Proposed Motion:
I move to schedule public hearings on the FY 2013-2014 Proposed Budget for August 29, 2013,
at 6:00 p.m., and September 10, 2013, at 6:00 p.m., with each meeting taking place at the
Prosper Municipal Chambers at 108 W. Broadway Street, Prosper, TX.
Prosper is a place where everyone matters.
ADMINISTRATION
Item 7
Page 1 of 1
To: Mayor and Town Council
From: Harlan Jefferson, Town Manager
Re: Town Council Meeting – August 13, 2013
Agenda Item:
Consider accepting the submission of the certified collection rate of 100 percent for the fiscal
year beginning October 1, 2013, and ending September 30, 2014.
Description of Agenda Item:
The purpose of this agenda item is to certify that the anticipated collection rate used for the
General Fund, Debt Service Fund, and the TIRZ Fund is 100 percent for the 2013-2014 fiscal
year, which is one of the steps required by state law to establish the 2013-2014 tax rate. The
collection rate includes the current taxes, delinquent taxes, penalties, and interest. The
attachment contains the Town’s collection rate for the last five fiscal years.
Chapter 26 of the Property Tax Code requires municipalities to adopt an estimated collection
rate to comply with truth-in-taxation laws in adopting their tax rates. The laws are designed to
make tax payers aware of the tax rate proposal.
Budget Impact:
There is no cost associated with this item.
Attached Documents:
1. Property Tax Collections – Last Five Fiscal Years
Town Staff Recommendation:
Town staff recommends that the Town Council accept the submission of the certified collection
rate of 100 percent for the fiscal year beginning October 1, 2013, and ending September 30,
2014.
Proposed Motion:
I move to accept the submission of the certified collection rate of 100 percent for the fiscal year
beginning October 1, 2013, and ending September 30, 2014.
Prosper is a place where everyone matters.
ADMINISTRATION
Item 8
Page 1 of 1
TOWN OF PROSPER
PROPERTY TAX COLLECTIONS
LAST FIVE FISCAL YEARS
Year Ended Percent of Current Total Collections as
September 30 Levy Collected Percent of Tax Levy
2009 98.66% 99.90%
2010 98.77% 99.70%
2011 99.44% 99.80%
2012 99.11% 99.52%
2013 98.83%* 98.83%*
* Collections through March 31, 2013
Prosper is a place where everyone matters.
Item 8
Page 1 of 2
To: Mayor and Town Council
From: Harlan Jefferson, Town Manager
Re: Town Council Meeting – August 13, 2013
Agenda Item:
Consider approval of Ordinance No. 13-45 establishing the 2013 certified appraisal roll.
Description of Agenda Item:
Approval of the certified appraisal roll is an annual process required by the Texas Property Tax
Code. The Town will also be required to approve the tax roll after the rate is set. The roll lists all
the taxable property and values within the Town limits for 2013.
There are three main parts to the property tax system. First, the Denton Central Appraisal District
(DCAD) and the Collin Central Appraisal District (CCAD) set the value of the property in our
Town’s limits each year. Second, the Appraisal Review Boards (ARB) settle any disagreements
between the taxpayers and the DCAD or the CCAD about the value of any property under protest.
Third, the Town decides how much money it will need to spend to provide services to taxpayers.
This determines the total amount of taxes that will need to be collected.
The preliminary appraisal was provided by the DCAD and the CCAD in mid May and the certified
appraisal roll was provided in late July. The Chief Appraisers certify the appraisal rolls that allow
the Town to calculate and submit the effective and rollback tax rates.
The total freeze adjusted taxable value on the 2013 appraisal roll, including estimated values
under protest is $1,447,466,215. Once the tax rate is approved, the Town will be able to calculate
its 2013 tax levy (i.e., property tax revenue). These funds will be used to cover operating and
maintenance expenses as well as debt service.
Budget Impact:
There is no cost associated with this item.
Legal Obligations and Review:
Terry Welch of Brown & Hofmeister, L.L.P., has reviewed and approved as to form the proposed
ordinance.
Attached Documents:
1. Proposed Ordinance
Prosper is a place where everyone matters.
ADMINISTRATION
Item 9
Page 2 of 2
Town Staff Recommendation:
Town staff recommends that the Town Council approve Ordinance No. 13-45 establishing the
2013 certified appraisal roll.
Proposed Motion:
I move to approve Ordinance No. 13-45 establishing the 2013 certified appraisal roll.
Item 9
TOWN OF PROSPER, TEXAS ORDINANCE NO. 13-45
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, APPROVING THE
2013 APPRAISAL ROLL; REPEALING ALL CONFLICTING ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Denton Central Appraisal District (DCAD) and the Collin Central
Appraisal District (CCAD) prepare the certified appraisal rolls and rolls under protest of the
taxable property in the Town of Prosper, Texas (Town); and
WHEREAS, the Town uses the certified appraisal rolls and rolls under protest received
from the DCAD and CCAD to calculate the tax rate and rollback tax rate applicable to taxable
property in the Town; and
WHEREAS, approval by the Town of the certified appraisal roll is required by state law
as an integral part of the Town’s ability to levy and collect property taxes.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All of the above premises are hereby found to be true and correct legislative and factual
determinations of the Town and they are hereby approved and incorporated into the body of this
Ordinance as if copied in their entirety.
SECTION 2
The Town Council hereby approves the total freeze adjusted value on the 2013
appraisal roll of the Town in the amount of $1,447,466,215 assessed valuation, based on the
certified appraisal rolls and rolls under protest as approved by the Appraisal Review Boards of
the DCAD and the CCAD.
SECTION 3
Any and all ordinances, resolutions, rules, regulations, policies, or provisions in conflict
with the provisions of this Ordinance are hereby repealed and rescinded to the extent of the
conflict herewith.
SECTION 4
If any section, paragraph, sentence, clause, phrase or word in this Ordinance, or
application thereof by any persons or circumstances is held invalid in any court of competent
jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance;
and, the Town Council hereby declares it would have passed such remaining portions of this
Ordinance despite such invalidity, which remaining portions shall remain in full force and effect.
Item 9
Ordinance No. 13-45, Page 2
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, BY A VOTE OF ____ TO ____, ON THIS 13TH DAY OF
AUGUST, 2013.
Ray Smith, Mayor
ATTEST:
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Item 9
Page 1 of 2
To: Mayor and Town Council
From: Harlan Jefferson, Town Manager
Re: Town Council Meeting – August 13, 2013
Agenda Item:
Consider accepting the submission of the notice of an effective tax rate of $0.491217 per $100
assessed valuation and a rollback tax rate of $0.463067 per $100 assessed valuation for the
fiscal year beginning October 1, 2013, and ending September 30, 2014.
Description of Agenda Item:
State law requires municipalities to submit to their governing boards and publish in a local
newspaper a notice showing their effective and rollback tax rates and the notice-and-hearing
limit for the upcoming fiscal year. The effective tax rate allows the public to evaluate the
relationship between taxes for the current fiscal year and the upcoming fiscal year. This rate will
produce the same amount of tax revenue if applied to the same properties in both years. The
rollback rate is the highest tax rate the Town can set before taxpayers can start rollback
procedures.
All taxing units that levied property taxes in 2012 and intend to levy them in 2013 must calculate
an effective tax rate and a rollback tax rate. Although the actual calculation is more detailed, the
Town’s effective tax rate is generally equal to the prior year’s taxes divided by the current
taxable value of properties that were also on the tax roll in the prior year.
The effective tax rate enables the public to evaluate the relationship between taxes for the
current year and taxes that a proposed tax rate would produce if applied to the same properties
taxed in both years.
The rollback rate calculation is split into two separate components: an operating and
maintenance rate and a debt rate. The rollback rate calculation allows municipalities to raise
108 percent of the operating and maintenance money raised in the prior year, plus the
necessary debt rate.
State law also requires municipalities to publish the effective and rollback tax rates, and to hold
two public hearings if the proposed tax rate exceeds the lower of the effective or rollback tax
rate. Because the Town’s proposed tax rate of $0.5200 is higher than the effective tax rate of
$0.491217 and the rollback rate of $0.463067, the Town will have to hold public hearings on the
tax rate.
Budget Impact:
There is no cost associated with this item.
Prosper is a place where everyone matters.
ADMINISTRATION
Item 10
Page 2 of 2
Attached Documents:
1. 2013 Property Tax Rates in the Town of Prosper
Town Staff Recommendation:
Town staff recommends that the Town Council accept the submission of the notice of an
effective tax rate of $0.491217 per $100 assessed valuation and a rollback tax rate of
$0.463067 per $100 assessed valuation for the fiscal year beginning October 1, 2013, and
ending September 30, 2014.
Proposed Motion:
I move to accept the submission of the notice of an effective tax rate of $0.491217 per $100
assessed valuation and a rollback tax rate of $0.463067 per $100 assessed valuation for the
fiscal year beginning October 1, 2013, and ending September 30, 2014.
Item 10
Item 10
Item 10
Page 1 of 1
To: Mayor and Town Council
From: Harlan Jefferson, Town Manager
Re: Town Council Meeting – August 13, 2013
Agenda Item:
Consider and act upon a proposed FY 2013-2014 property tax rate.
Description of Agenda Item:
This agenda item is to set the proposed tax rate to publish for consideration. According to
Section 26.05(d) of the Property Tax Code, the Town is required to hold two public hearings and
publish newspaper ads if proposing to consider a tax rate that exceeds the effective rate or
rollback rate, whichever is lower. The rate the Town finally adopts can be lower than the
proposed and published rate, but it cannot exceed it without undergoing the required posting
requirements and timeframes. This item requires a record vote.
Budget Impact:
Cost to publish the notice is budgeted, if required.
Town Staff Recommendation:
Town staff recommends that the Town Council propose a rate of $0.52 per $100 in valuation.
If making your motion according to staff’s recommendation, please use the following:
Proposed Motion:
I move to place a proposal to adopt a FY 2013-2014 tax rate of fifty-two cents ($0.52) per one
hundred dollars ($100) of valuation on the September 24, 2013, Town Council Agenda.
If making your motion for a rate equal to or lower than the rollback rate, please use the
following and fill in the blank with your proposed rate:
Proposed Motion:
I move to propose a FY 2013-2014 tax rate of ______ cents ($0.____) per one hundred dollars
($100) of valuation, which is equal to or lower than the rollback rate.
Prosper is a place where everyone matters.
ADMINISTRATION
Item 11
Page 1 of 1
To: Mayor and Town Council
From: Harlan Jefferson, Town Manager
Re: Town Council Meeting – August 13, 2013
Agenda Item:
Consider and act upon a schedule for public hearings on the proposed FY 2013-2014 tax rate.
Description of Agenda Item:
According to Section 26.05(d) of the Property Tax Code, the Town is required to hold two public
hearings and publish newspaper ads before adopting a tax rate that exceeds the effective rate
or rollback rate, whichever is lower.
If the Council votes to propose the recommended tax rate of $0.52 per $100 valuation,
this item will need to be acted on by setting the public hearings and posting one-quarter page
notices as called for in Truth in Taxation. A quorum must be present at each public hearing.
August 29th is a suggested special-called meeting to comply with Truth in Taxation parameters;
and September 10th is a regularly scheduled Town Council meeting.
If the Council votes to propose a tax rate equal to or less than $0.463067 per $100
valuation, the public hearings and publications are not necessary and this item requires no
action.
Budget Impact:
Cost to publish the notices is budgeted.
Town Staff Recommendation:
Town staff recommends that the Town Council:
If the proposed rate is the recommended $0.52 or otherwise exceeds the rollback rate,
which is $0.463067 per $100 valuation, please use the following:
Proposed Motion:
I move to set the public hearings on the proposal to increase total tax revenues and the
proposed tax rate of $_____ per $100 in valuation for August 29, 2013, at 6:00 p.m. and
September 10, 2013, at 6:00 p.m., with each meeting taking place at the Prosper Municipal
Chambers at 108 W. Broadway Street, Prosper, TX.
If the proposed rate is equal or less than the rollback rate, please:
Take no action on this item, provided the rate proposed is equal or lower than the rollback rate
and public hearings are not required.
Prosper is a place where everyone matters.
ADMINISTRATION
Item 12
Page 1 of 2
To: Mayor and Town Council
From: Michael Bulla, CIP Project Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – August 13, 2013
Agenda Item:
Consider and act upon an award of bid to Dickerson Construction Company, Inc., and authorize
the Town Manager to execute a Construction Services Contract Agreement between Dickerson
Construction Company, Inc., and the Town of Prosper related to construction services for the
RaceTrac Offsite Water Line.
Description of Agenda Item:
On August 6, 2013, at 2:05 p.m., eleven bids were opened for the RaceTrac Offsite Water Line
Project. The verified totals from the bidders ranged between $490,121.60 and $734,212.75, with
an average bid of $620,337.71. This project extends the recently completed West Side Water Line
approximately 6,000 LF from the northwest corner of Teel Road and U.S. 380 to the northwest
corner of Gee Road and U.S. 380. Dickerson Construction was determined to be the lowest
qualified bidder at $490,121.60. Due to the size and scope of this project, a contingency amount of
$20,000.00 will be added to the lowest bid amount to ensure efficiency when dealing with varying
quantities and unforeseen items during construction.
Budget Impact:
The total cost of the construction contract is $510,121.60. $200,000 will be funded from the
RaceTrac Developer Agreement, which was approved on February 12, 2013. The remaining
$310,121.60 will be funded from the Water Impact Fee Fund.
Legal Obligations and Review:
The contract is a standard construction contract previously approved by the Town Attorney.
Attached Documents:
1. Bid Tabulation Summary
2. Construction Services Contract Agreement
3. Location Map
Town Staff Recommendation:
Town staff recommends Town Council award the bid to Dickerson Construction Company, Inc., in
the amount of $510,121.60, and authorize the Town Manager to execute a Construction Services
Contract Agreement between Dickerson Construction Company, Inc., and the Town of Prosper
related to construction services for the RaceTrac Offsite Water Line.
Prosper is a place where everyone matters.
ENGINEERING
Item 13
Page 2 of 2
Proposed Motion:
I move to award the bid to Dickerson Construction Company, Inc., in the amount of $510,121.60,
and authorize the Town Manager to execute a Construction Services Contract Agreement between
Dickerson Construction Company, Inc., and the Town of Prosper related to construction services
for the RaceTrac Offsite Water Line.
Item 13
Town of Prosper
Bid Tabulation
Bid No: 13-0005 Racetrac Offsite Water Line
Bid Opening: 8/6/13 at 2:00 PM
Base Bid
Dickerson Construction Company, Inc. $ 490,121.60
Kart Construction and Equipment Co., Inc. $ 562,751.75
Four Star Excavating, Inc. $ 575,374.55
Wright Construction Co., Inc. $ 587,446.00
Interstate Pipeline Utility Construction, LLC $ 599,211.70
P.C. Contractors, LLC $ 633,311.31
Camino Construction, L.P. $ 634,540.25
Metro-Plex Underground, L.P. $ 642,241.00
Condie Construction Company $ 646,707.50
Saber Development Corporation $ 717,796.45
A&M Construction and Utilities, Inc. $ 734,212.75
Certified By: January M. Cook, CPPO, CPPB Date: August 6, 2013
Purchasing Agent
Town of Prosper, Texas
**All bids/proposals submitted for the designated project are reflected on this tabulation sheet. However,the listing
of the bid/proposal on this tabulation sheet shall not be construed as a comment on the responsiveness of such
bid/proposal or as any indication that the agency accepts such bid/proposal as being responsive. The agency will
make a determination as to the responsiveness of the vendor responses submitted based upon compliance with all
applicable laws,purchasing guidelines and project documents, including but not limited to the project specifications
and contract documents. The agency will notify the successful vendor upon award of the contract and, as
according to the law, all bid/proposal responses received will be available for inspection at that time.
Item 13
SECTION SF
STANDARD FORM OF AGREEMENT
Original Ordinance Number:
Item 13
SF-1
STANDARD FORM OF AGREEMENT
STATE OF TEXAS §
§
COUNTY OF §
THIS AGREEMENT, made and entered into this day of AUGUST, 2013, by and between the TOWN
OF PROSPER, TEXAS, a Texas Municipal Corporation, of the County of Collin and State of Texas, acting through
Harlan Jefferson, Town Manager, thereunto duly authorized so to do, Party of the First Part, hereinafter termed
OWNER, and Dickerson Construction Company Inc., of the City of Celina, County of Collin, and State of
Texas, Party of the Second Part, hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be
made and performed by the OWNER, and under the conditions expressed in the bond bearing even date herewith,
the said CONTRACTOR hereby agrees with the said OWNER to commence and complete the construction of certain
improvements generally described as follows:
--- RACETRAC OFFSITE WATER LINE PROJECT ---
and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement
and at his (or their) own proper cost and expenses to furnish all the materials, supplies, machinery, equipment,
tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said
construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance
with the Advertisement for Proposals, General and Special Conditions of Agreement, Plans and other drawings and
printed or written explanatory matter thereof, and the Specifications and addenda therefore, as prepared by
SPIARS ENGINEERING INC., herein entitled the ENGINEER, each of which has been identified by the
CONTRACTOR and the ENGINEER, together with the CONTRACTOR'S written Proposal, and the Performance and
Payment Bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the
entire contract (hereinafter collectively called the "Contract Documents" or the "Contract").
The CONTRACTOR hereby agrees to commence work within ten (10) days after the date written notice to do
so shall have been given to him, and to substantially complete the same within calendar days after the written
notice to commence work, subject to such extensions of time as are provided by the General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal,
which forms a part of this contract, such payments to be subject to the General and Special Conditions of the
contract.
IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day
first above written.
TOWN OF PROSPER, TEXAS ____ ___________
Party of the First Part Party of the Second Part
(OWNER) (CONTRACTOR)
By: By: ______________
ATTEST: ATTEST:
________________________
Item 13
Item 13