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11.12.2013 Town Council Packet Page 1 of 4 ] 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. Presentations.  Presentation by members of a Texas Woman’s University Business Class regarding a marketing plan project for the Community Library.  Presentation about the Smart 911 system, by a company representative, which is being provided as an enhanced service for the Town of Prosper through our Dispatch Center. 5. 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.) 5a. Consider and act upon minutes from the following Town Council meeting. (RB)  Regular Meeting – October 22, 2013 5b. Consider and act upon authorizing the Town Manager to execute an amendment to the Interlocal Agreement between Collin County and the Town of Prosper, extending the agreement through FY 2013-2014, relating to Animal Control Services. (JC) 5c. Consider and act upon authorizing the Town Manager to execute an amendment to the Interlocal Agreement between Collin County and the Town of Prosper, establishing the service fee for FY 2013-2014 relating to Animal Sheltering Services. (JC) 5d. Consider approval of the purchase of one backhoe loader for the Public Works Department, from RDO Equipment Company, through the Texas Local Government Purchasing Cooperative. (JC) 5e. Consider approval of the purchase of three public safety rated sport utility vehicles for the Police Department, from Holiday Chevrolet, through a Tarrant County contract. (JC) AGENDA Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, November 12, 2013 6:00 p.m. Page 2 of 4 5f. Consider approval of the purchase of five pick-up trucks for Community and Development Services, from Sam Pack's Five Star Ford, through the Houston- Galveston Area Council (HGAC) Cooperative Purchasing Program. (JC) 5g. Receive the Quarterly Investment Report for the quarter ending September 30, 2013. (KA) 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 Meeting Appearance Card” 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 “Public Meeting Appearance Card” and present it to the Town Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the Mayor. Those wishing to speak on a non-public hearing related item will be recognized on a case-by-case basis, at the discretion of the Mayor and Town Council.) PUBLIC HEARINGS: 7. Conduct a Public Hearing, and consider and act upon a request to rezone 12.3± acres, located on the east side of future Windsong Parkway and the terminus of future Acacia Parkway, to amend Planned Development-40 (PD-40), Exhibit C, Section 1(f)(a)(C). (Z13-0017). (CC) DEPARTMENT ITEMS: 8. Consider and act upon authorizing the Town Manager to execute an agreement between Wiginton Hooker Jeffry Architects P.C., and the Town of Prosper, related to architectural and engineering design services for Prosper Fire Department Station No. 2; and authorizing use of the construction manager at risk contracting method for construction. (RT/JC) 9. Consider and act upon authorizing the Town Manager to execute a Letter Agreement between TVG Texas I, LLC, and the Town of Prosper, related to the dedication and grading of the Teel Parkway Fire Station Site. (CC) 10. Consider and act upon a resolution expressing official intent to reimburse costs that may be incurred for Town capital expenditures in connection with the design and construction of a fire station from proceeds of bonds issued subsequent to paying such costs. (KA) Page 3 of 4 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. 11c. Section 551.071. Consultation with Town Attorney regarding legal issues associated with Appendix A of the Town of Prosper Code of Ordinances, and all matters incident and related thereto. 11d. Section 551.071. Consultation with Town Attorney regarding legal issues associated with proposed extraterritorial jurisdiction release, and all matters incident and related thereto. 12. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. 13. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.  Roadway lighting standards and policy discussion. (HW)  Truck route discussion. (KM) 14. 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 November 8, 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. Page 4 of 4 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. Page 1 of 7 ] 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 Michael 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 Kent Austin, Finance Director Will Mitchell, Parks & Recreation Manager Paul Naughton, Landscape Architect 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Pastor Greg McNeese of Prestonwood Baptist Church led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. 3. Announcements of upcoming events. Council Member Dixon made the following announcements: Early voting for the Constitutional Amendment election will continue through November 1, and Election Day is Tuesday, November 5. Prosper Municipal Chambers is an Early Voting site for Collin County residents only. Voters in Denton County and Collin County are encouraged to check the Town website, or the appropriate county website, for polling locations, dates and hours. The Friends of Prosper Community Library and Library staff will host a pumpkin painting party which includes creative activities for children in Pre-K to fourth grade on October 26 from 10:45 a.m. to 12:30 p.m. at the Community Library. MINUTES Regular Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, October 22, 2013 Item 5a Page 2 of 7 Cornerstone North Central Texas is holding their Vision Dinner and Silent Auction this Saturday, October 26, at Prosper High School starting at 6:30 p.m. The organization is a non-denominational, faith-based association of groups and individuals who help families break the cycle of poverty. Tickets are available online at www.cornerstonenct.org. Town staff is partnering with PISD on the NFL Punt, Pass, and Kick program. Winners at the school level will advance to a sectional competition hosted by the Parks and Recreation Department on October 28 at the high school stadium. The top five “1st Place” boys and girls in each age group will advance to compete at AT&T Stadium and be recognized during the Cowboys/Packers game on December 15. Winners at the team championship level have a chance to advance to the national competition held at a playoff game. An educational presentation on free trade will be hosted by the Prosper Tea Party at Gentle Creek Golf Club on November 5, from 7:00-8:30 p.m. The presentation is free and open to the public. Kelly Cooper, 771 Texana Drive, provided additional details about the upcoming event, and about current U.S. free trade agreements. 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.) Deputy Mayor Pro-Tem Dugger requested that Item 4b be removed from the Consent Agenda. 4a. Consider and act upon minutes from the following Town Council meeting. (RB)  Regular Meeting – October 8, 2013 4c. Consider and act upon canceling the November 26, 2013, and the December 24, 2013, Prosper Town Council meetings. (RB) 4d. Receive the August 2013 Financial Report. (KA) Deputy Mayor Pro-Tem Dugger made a motion and Council Member Korbuly seconded the motion to approve Items 4a, 4c, and 4d. The motion was approved by a vote of 6-0. 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) After a brief discussion on driveway and median alignment and locations, Deputy Mayor Pro-Tem Dugger made a motion and Council Member Korbuly seconded the motion to approve Item 4b. The motion was approved by a vote of 6-0. Item 5a Page 3 of 7 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. Consider and act upon an ordinance approving a negotiated resolution between the Atmos Cities Steering Committee and Atmos Energy Corporation, Mid-Tex Division, regarding the Company’s 2013 annual rate review mechanism filing in all cities exercising original jurisdiction. (KA) Kent Austin, Finance Director, presented this item before the Town Council. Earlier this year, Atmos filed a Rate Review Mechanism (RRM) application with Atmos Cities Steering Committee (ACSC) member cities to increase rates by $22.7 million system- wide. ACSC consultants and counsel analyzed the request and negotiated a $16.6 million increase. The impact on the average residential gas bill is estimated to be less than $1 per month. The rate review is an annual process, and Atmos reimburses member cities for expenses related to rate negotiation. John Manganilla, Manager of Public Affairs for Atmos Energy Corporation, was present to answer questions from the Town Council. He explained that the rate increase is a capital cost recovery mechanism due to infrastructure system improvements. After discussion, Council Member Korbuly made a motion and Council Member Wilson seconded the motion to approve a negotiated resolution between the Atmos Cities Steering Committee and Atmos Energy Corporation, Mid-Tex Division, regarding the Company’s 2013 annual rate review mechanism filing in all cities exercising original jurisdiction. The motion was approved by a vote of 6-0. 7. Consider and act upon a resolution accepting and approving the 2013 Tax Roll. (KA) Kent Austin, Finance Director, presented this item before the Town Council. State law requires the Town Council to approve the Appraised Roll with tax amounts entered by the Tax Assessor. The 2013 Tax Roll Summary indicates that the Town has $1.5 billion of taxable property. After applying the $.52 tax rate, the Town’s total tax levy is approximately $7.9 million. Item 5a Page 4 of 7 After discussion, Council Member Vogelsang made a motion and Deputy Mayor Pro- Tem Dugger seconded the motion to approve a resolution accepting and approving the 2013 Tax Roll. The motion was approved by a vote of 6-0. 8. Consider and act upon a resolution updating the Town authorized signers list. (KA) Kent Austin, Finance Director, presented this item before the Town Council. Due to changes in staff positions, it is necessary to update the list of authorized individuals to conduct electronic funds transfers (ACH and wire transfers) and access the TexPool and TexSTAR local government investment pools. Mr. Austin reviewed the list of authorized signers and explained the controls that are being put in place to ensure that the transfer of electronic funds is done appropriately. After discussion, Council Member Wilson made a motion and Deputy Mayor Pro-Tem Dugger seconded the motion to approve a resolution updating the Town authorized signers list. The motion was approved by a vote of 6-0. 9. Update from the Upper Trinity Regional Water District (UTRWD) on the design and construction of the Doe Branch Regional Wastewater Treatment Plant. (HW) George Dupont, Prosper’s representative on the Upper Trinity Regional Water District Board of Directors, introduced this item. Mr. Dupont provided some history on the Doe Branch Regional Wastewater Treatment Plant. It is expected that the treatment plant will be functional by 2015. Mr. Dupont introduced Jason Pierce, contract manager for UTRWD, who provided a status update on the design and construction of the project. The plant will provide wastewater treatment service for the west side of the Town of Prosper and includes construction of an initial 2 million gallons per day treatment facility. The expected cost to the Town will be approximately half of the $32 million cost for the property, design and construction of the plant. Funding options for the project are to either allow UTRWD to sell bonds on the Town’s behalf, or for the Town to sell its own bonds to pay its portion of the cost to UTRWD. Tom Taylor, Executive Director of UTRWD, was also present to answer questions. Mr. Taylor, Mr. Pierce and Mr. Dupont answered questions from the Town Council regarding the timeline for construction, cost allocation among the participating entities, and the capacity of the plant as the Town’s population grows. The presentation was an informational item, and no action was taken by the Town Council. 10. Consider and act upon an ordinance amending Section 1 and Section 7 of the Comprehensive Parks Ordinance of the Town of Prosper, Texas, establishing the Prosper Youth Sports Commission. (WM) Will Mitchell, Parks & Recreation Manager, presented this item before the Town Council. This item was discussed at the August 27, 2013, and September 24, 2013, Town Council meetings. Staff prepared a proposed ordinance amendment to address the previous concerns raised by Council regarding accountability in the PYSC By-Laws. The Parks & Recreation Board supported the recommendation of a centralized Board of Directors model for the PYSC. Town staff recommended approval of the ordinance amendment, and the appointment of the Mayor or designee to serve on the selection committee for the inaugural appointments of the four officer positions on the PYSC. Item 5a Page 5 of 7 After discussion on the use of field rental and other fees, Council Member Korbuly made a motion, and Council Member Wilson seconded the motion to adopt an ordinance amending Section 1 and Section 7 of the Comprehensive Parks Ordinance of the Town of Prosper, Texas, establishing the Prosper Youth Sports Commission. The motion was approved by a vote of 6-0. 11. Discussion on Park Development & Open Space Opportunities. (HW) Hulon Webb, Executive Director of Development and Community Services, presented this item before the Town Council. Mr. Webb reviewed the input and decisions by the Parks & Recreation Board in the previous year regarding proposed parks and recreation projects. Feedback from the Town’s current sports organizations indicated that game fields would be at maximum capacity by 2015-2016, but that additional practice fields would be needed as soon as 2014. Additionally, the growing needs of other sports organizations, such as football and lacrosse, are increasing the demand for practice and game fields. Mr. Webb presented several open space options that could be utilized, as well as the potential costs to develop existing open space into usable space for sports organizations. Town staff recommended the Town Council give direction to move forward with the development of Cockrell Park and the southwest corner of Frontier Park, and to wait until the Parks Master Plan is updated to identify further open space improvements to existing parks. Mayor Smith recognized the following individuals who requested to speak: Irwin “Cap” Parry, 850 Kingsview Drive, Prosper, spoke in favor of the Town utilizing some of its existing open space to build a Town facility for its seat of government. He also suggested that the Town Council make another attempt to purchase space on Broadway Street for a Town facility, or use eminent domain. Jack Dixon, 810 Long Valley Court, Prosper, spoke in favor of the Town acting now to acquire all of the land it will eventually need through build-out. He also expressed concern with baseball fields in the Lakes of Prosper area located too close to residential areas. Mr. Dixon would like to see more long-term planning for Town facilities. George Dupont, 1400 Harvest Ridge Lane, Prosper, raised a question regarding a monetary commitment to the Town for the development of a park in Windsong Ranch. He also urged staff to work with the Collin County Open Space program for matching funds towards parks. Mr. Webb returned to the podium following the speakers’ comments, and answered questions about the development and utilization of existing available open space, and the costs associated with the improvement and development of the various sites within the Town. Billy Hurst, Football Commissioner with Prosper Youth Sports Association (PYSA), answered questions regarding the utilization of practice fields. The Town Council discussed options regarding artificial and natural turf, and long-term irrigation and maintenance costs. Council directed staff to pursue the development of the nine acres north of the High School, and the four acres at Frontier Park for additional usable practice space. 12. Update on the design of Cockrell Park. (PN) Paul Naughton, Landscape Architect, presented this item before the Town Council. The Town is currently in the design and development stage for Cockrell Park. Mr. Naughton Item 5a Page 6 of 7 confirmed that all seven acres of the park can be irrigated, updated the Town Council with the latest concept plan for the park, and reviewed the construction cost estimates for the project. Construction documents should be finalized in February of 2014. The final bid award is scheduled to be presented to the Town Council in April of 2014. Construction should begin in May, and the park should be completed by the fall of 2014. Mr. Naughton answered questions regarding the alternate bid items. Town staff was directed to move forward with the design and bid of the Cockrell Park project. Mayor Smith recognized the following individual who requested to speak on this item: George Dupont, 1400 Harvest Ridge, Prosper, suggested the use of wells and gray water for the irrigation of parks and recreational facilities, particularly on the west side of Town. 13. EXECUTIVE SESSION: Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code, as authorized by the Texas Open Meetings Act, to deliberate regarding: 13a. Section 551.087. To discuss and consider economic development incentives. 13b. 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. 13c. Section 551.074 To discuss and review the Town Manager’s performance evaluation. 13d. Section 551.071. Consultation with Town Attorney regarding legal issues associated with proposed extraterritorial jurisdiction release, and all matters incident and related thereto. The Town Council recessed into Executive Session at 7:59 p.m. Mayor Smith left the Executive Session at 9:23 p.m. 14. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Regular Session was reconvened at 9:34 p.m. No action was taken as a result of Executive Session. 15. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.  Roadway lighting standards and policy discussion. (HW) This item will be discussed at the November 12, 2013, Town Council meeting.  Downtown development standards and incentives. (CC) Chris Copple updated the Town Council on Neighborhood Empowerment Zone (NEZ) #1 which was approved in 2009 to provide incentives to revitalize non- residential development in the downtown area. He reviewed the details of NEZ #1. The Town Council has the option of creating a second Neighborhood Empowerment Item 5a Page 7 of 7 Zone east of Coleman Street to Craig Street. Mr. Copple also reviewed the open space requirement for non-residential development. The Town Council has the option of reducing the open space requirement as an incentive for redevelopment in the downtown area. Town staff was directed to pursue the creation of a second Neighborhood Empowerment Zone on the east side of Coleman at this time, and to include other development incentives later as part of the Comprehensive Plan implementation schedule. Deputy Mayor Pro-Tem Dugger left the meeting at 9:48 p.m. 16. Adjourn. Council Member Vogelsang made a motion and Council Member Korbuly seconded the motion to adjourn the meeting at 10:00 p.m., on Tuesday, October 22, 2013. The motion was approved by a vote of 6-0. These minutes approved on the 12th day of November, 2013. APPROVED: Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary Item 5a Page 1 of 2 To: Mayor and Town Council From: January Cook, CPPO, CPPB, Purchasing Agent Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – November 12, 2013 Agenda Item: Consider and act upon authorizing the Town Manager to execute an amendment to the Interlocal Agreement between Collin County and the Town of Prosper, extending the agreement through FY 2013-2014, relating to Animal Control Services. Description of Agenda Item: The Town of Prosper and Collin County entered into an Interlocal Agreement in 2006, authorizing Collin County to provide Animal Control Services for the Town of Prosper. The initial term of the agreement was one year, with automatic one-year renewal terms. This amendment to the agreement represents the seventh renewal term for the period of October 1, 2013, to September 30, 2014, and the associated fee for services. The Animal Control Services provided include, but are not limited to, vaccination of animals, reporting of human exposure to rabies, quarantine and testing of biting animals, reduction of the stray animal population, restraint of dangerous animals, prohibition of dogs running at large and of inhumane treatment of animals, and other related services; and to prescribe penalties for violation of such provisions in accordance with Chapters 822, 825, and 826 of the Texas Health & Safety Code, and Chapter 142 of the Agriculture Code. Local governments are authorized by the Interagency Cooperation Act, V.T.C.A. Government Code, Title 7, Chapter 771, to agree or contract with another agency for the provision of necessary and authorized services and resources. The Town of Prosper, and several other municipalities, contract with Collin County for Animal Control Services. Budget Impact: The fee for Animal Control Services for FY 2013-2014 is $35,216. This is a $3,382 decrease from last fiscal year. The decrease is due to a budget amendment that was approved by Collin County during FY 2013, for an increase to the FY 2013 budget only. The fee will be funded by Code Compliance Contracted Services (10-5480-85). Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the amendment as to form and legality. Attached Documents: 1. Collin County Contract Amendment Seven Prosper is a place where everyone matters. FINANCE Item 5b Page 2 of 2 Town Staff Recommendation: Town staff recommends the Town Council approve an amendment to the Interlocal Agreement between Collin County and the Town of Prosper for Animal Control Services, extending the agreement through FY 2013-2014, and authorize the Town Manager to execute same. Proposed Motion: I move to authorize the Town Manager to execute an amendment to the Interlocal Agreement between Collin County and the Town of Prosper relating to Animal Control Services, extending the agreement through FY 2013-2014. Item 5b Attachment 1 Page 1 of 2 To: Mayor and Town Council From: January Cook, CPPO, CPPB, Purchasing Agent Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – November 12, 2013 Agenda Item: Consider and act upon authorizing the Town Manager to execute an amendment to the Interlocal Agreement between Collin County and the Town of Prosper, establishing the service fee for FY 2013-2014 relating to Animal Sheltering Services. Description of Agenda Item: Collin County, the Town of Prosper, and several other municipalities (collectively referred to as "Parties") identified a need for an animal shelter in Collin County, for their mutual benefit. In 2006, the Parties entered into an Interlocal Agreement for the Facility Construction and Use of an Animal Shelter in Collin County. The shelter was constructed, and the Parties pay an annual fee to Collin County for the maintenance, operations, and use of the shelter. The Animal Sheltering Services provided include, but are not limited to, receiving stray animals, caring for impounded animals, and coordinating adoptions and returns, when possible. The initial term of the agreement is ten years, with automatic one-year renewal terms. This amendment to the agreement establishes the fee for year seven of the initial term, for the period of October 1, 2013, to September 30, 2014. Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code, Chapter 791, to enter into joint contracts and agreements for the performance of governmental functions and services, including administrative functions normally associated with the operation of government (such as purchasing necessary materials and equipment). Budget Impact: The fee for Animal Sheltering Services for FY 2013-2014 is $28,436. This is a $1,682 increase from last fiscal year. The increase is due to a billing shortage by Collin County for FY 2013. The Town was originally billed based on their estimated budget, not their adopted budget. The fee will be funded by Code Compliance Contracted Services (10-5480-85). Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the amendment as to form and legality. Attached Documents: 1. Collin County Contract Amendment Seven Prosper is a place where everyone matters. FINANCE Item 5c Page 2 of 2 Town Staff Recommendation: Town staff recommends the Town Council approve an amendment to the Interlocal Agreement between Collin County and the Town of Prosper for Animal Sheltering Services, establishing the service fee for FY 2013-2014, and authorize the Town Manager to execute same. Proposed Motion: I move to authorize the Town Manager to execute an amendment to the Interlocal Agreement between Collin County and the Town of Prosper relating to Animal Sheltering Services, establishing the service fee for FY 2013-2014. Item 5c Attachment 1 Page 1 of 1 To: Mayor and Town Council From: January Cook, CPPO, CPPB, Purchasing Agent Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – November 12, 2013 Agenda Item: Consider approval of the purchase of one backhoe loader for the Public Works Department, from RDO Equipment Company, through the Texas Local Government Purchasing Cooperative. Description of Agenda Item: Public Works currently has two rubber-tired backhoes that are shared by multiple departments. Due to the age of the existing equipment, a new backhoe loader was requested and approved as part of the FY 2013-2014 budget. The new addition to the fleet will allow Public Works to work with more efficiency, and shorten repair times. Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code, Chapter 791, to enter into joint contracts and agreements for the performance of governmental functions and services, including administrative functions normally associated with the operation of government (such as purchasing necessary materials and equipment). The Town of Prosper entered into an interlocal participation agreement in June 2005, providing the Town’s participation in the Texas Local Government Purchasing Cooperative. Participation in the cooperative purchasing program allows our local government to purchase goods and services from the cooperative’s online purchasing system, BuyBoard, while satisfying all competitive bidding requirements. Budget Impact: The price of the backhoe loader is $94,675, and will be funded by Public Works Capital Expenditure - Equipment (20-6140-50). The total budget for this item is $95,000. Attached Documents: 1. Quote Town Staff Recommendation: Town staff recommends approval of the purchase of one backhoe loader for the Public Works Department, from RDO Equipment Company, through the Texas Local Government Purchasing Cooperative. Proposed Motion: I move to approve the purchase of one backhoe loader for the Public Works Department, from RDO Equipment Company, through the Texas Local Government Purchasing Cooperative. Prosper is a place where everyone matters. FINANCE Item 5d Investment Proposal for:Brandon Aldridge TOWN OF PROSPER 3230 East Airport Freeway 121 W BROADWAY Irving, TX 75062 PO BOX 307 Phone: (972) 438-4699 PROSPER, TX 75078 Mobile: (972) 841-1744 Phone: (972) 346-2640 Fax: (972) 438-6789 Thank you for allowing me the opportunity to quote you this equipment. We appreciate your business. Brandon Equipment: NEW 2014 JOHN DEERE 410K List Price $138,096.00 Key Features 02U0T 410K BACKHOE LOADER 1095 4.5L ENGINE-EPA IT4 1700 JD LINK NA 2025 CANOPY 2401 DECALS ENGLISH 3085 MFWD (4WD) LIMITED SLIP 4891 FIRESTONE21LX24 12.5/80-18 5045 EXTENDABLE DIPPERSTICK NO/AUX 5285 PILOT CONTROLS 5400 LESS COUPLER 5656 24" HD BKT (7.5 CU FT)7025 2 FNC LOADER 7655 1.5 CY LG LIP BKT 8485 1250LB FRONT COUNTERWEIGHT 8625 SINGLE BATTERY, 300MIN RESER 9060 FRONT VIEW MIRROR 9131 SINGLE BATTERY DISCONNECT 9210 L/SIDE STORAGE W/CUPHOLDER 9505 FULL MFWD GUARD Serial Number TBD (0 Approximated Hours)Equipment Price $94,675.00 Estimated Conversion Price:$94,675.00 PROPOSAL SUMMARY Equipment Total $94,675.00 Sub Total $94,675.00 Applicable sales taxes to apply Total Investment $94,675.00 BUYBOARD QUOTE 424-13 Brandon Aldridge Account Manager RDO EQUIPMENT CO. BAldridge@rdoequipment.com This proposal was created on October 28, 2013 and is valid until November 28, 2013 and is subject to prior sale. After that date the quote and terms in the proposal may need to be revised. D605319 C8880663 Page 1 of 2 Attachment 1 Page 2 of 2 Attachment 1 Page 1 of 1 To: Mayor and Town Council From: January Cook, CPPO, CPPB, Purchasing Agent Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – November 12, 2013 Agenda Item: Consider approval of the purchase of three public safety rated sport utility vehicles for the Police Department, from Holiday Chevrolet, through a Tarrant County contract. Description of Agenda Item: In order to enhance the number of front-line patrol units that can be deployed in an emergency, and to avoid additional high-dollar repairs to older units, three replacement units were requested by the Police Department, and approved as part of the FY 2013-2014 budget. Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code, Chapter 791, to enter into joint contracts and agreements for the performance of governmental functions and services, including administrative functions normally associated with the operation of government (such as purchasing necessary materials and equipment). The Town of Prosper and Tarrant County entered into an interlocal agreement effective February 2005, and is in effect until terminated by either party. Budget Impact: The purchase price of each unit is $26,674, for a total amount of $80,022, and will be funded by Police Department Capital Expenditure - Vehicles (10-6160-20). The total budget for these units is $135,000. The remaining balance will be utilized to purchase and install after-market products for the units that are necessary for operations. Attached Documents: 1. Quote Town Staff Recommendation: Town staff recommends approval of the purchase of three public safety rated sport utility vehicles for the Police Department, from Holiday Chevrolet, through a Tarrant County contract. Proposed Motion: I move to approve the purchase of three public safety rated sport utility vehicles for the Police Department, from Holiday Chevrolet, through a Tarrant County contract. Prosper is a place where everyone matters. FINANCE Item 5e Date 10/31/2013 Estimate #7324 Bill To Prosper TX Police Department Officer Barrett Morris 101 S. Main Prosper, Texas 75078 Quantity Ordered 3 Total Vehicle Order Cost $80,022.00 2014 Chevrolet Tahoe PPV V8 2 Vehicle Base Color - White SIGNATURE _____________________________________ Vehicle and Emergency Equipment Total Customer Contact Bryan Golden Customer Phone 972-347-9002 Customer E-mail barrett_morris@pro... (903) 564-5641 george@defendersupply.comEstimate By George Severe Final sale amount may be subject to state and local sales tax. Description Location Qty.Cost Total 2014 Chevrolet Tahoe 2WD PPV with 5.3L 320 HP V8 Engine with Active Fuel Management, 6 Speed Auto Overdrive Trans w/Tow Haul Mode, Stabiltrak, 16 Amp Alternator, Power Windows / Door Locks, Tilt Steering Wheel, Power Heated Mirrors, Dual Climate Control, Front & Rear Air Conditioning, 6-Way Power Driver & Passenger Seats, AM/FM/CD with Aux Input Jack, Factory Tinted Glass, Tilt Steering, Cruise Control, Cloth Front & Vinyl Rear Seats, Rear Wiper / Washer, Running Boards, Remote Keyless Key FOB Entry, Full Size Spare Tire & Front License Plate Bracket. (Purchased Through Holiday Auto Group) Vehicle Description 1 25,729.00 25,729.00 Driver's Side Spotlight 1 460.00 460.00 Locking Differential 1 295.00 295.00 Dual 660 AMP Batteries 1 190.00 190.00 $26,674.00 Attachment 1 Page 1 of 2 To: Mayor and Town Council From: January Cook, CPPO, CPPB, Purchasing Agent Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – November 12, 2013 Agenda Item: Consider approval of the purchase of five pick-up trucks for Development and Community Services, from Sam Pack's Five Star Ford, through the Houston-Galveston Area Council (HGAC) Cooperative Purchasing Program. Description of Agenda Item: Due to the age of a current pick-up truck, a replacement unit was requested by Building Inspections, and approved as part of the FY 2013-2014 budget. Additionally, four new staff positions were requested and approved as part of the FY 2013-2014 budget. The requests included vehicles for the following positions:  Parks and Recreation Crew Leader  Engineering CIP Project Manager  Public Works Water Meter Reader  Public Works Senior Construction Inspector Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code, Chapter 791, to enter into joint contracts and agreements for the performance of governmental functions and services, including administrative functions normally associated with the operation of government (such as purchasing necessary materials and equipment). The Town of Prosper and HGAC entered into an interlocal agreement, effective January 4, 2001, which allows our local government to purchase certain goods or services through HGAC. The agreement renews automatically each fiscal year, unless cancelled by either party. Budget Impact: The total amount of this purchase is $105,916.24, which includes a $600.00 HGAC administrative processing fee per purchase order. By submitting one purchase order for these units, the Town will save $1,200.00 on additional HGAC administrative processing fees, as listed on each quote. The total budget for these units is $113,000.00. The remaining balance will be utilized to purchase and install after-market products for the units that are necessary for operations. Prosper is a place where everyone matters. FINANCE Item 5f Page 2 of 2 The purchase will be funded by the following accounts:  Parks and Recreation Capital Expenditure - Vehicles (10-6160-60)  Building Inspections Capital Expenditure - Vehicles (10-6160-80)  Engineering Capital Expenditure - Vehicles (10-6160-98)  Water Capital Expenditure - Vehicles (20-6160-50)  Sewer Capital Expenditure - Vehicles (20-6160-55) Attached Documents: 1. Quote for One 2014 Ford F-150 Pick-Up Truck 2. Quote for Two Ford F-250 Crew Cab Pick-Up Trucks 3. Quote for Two Ford F-250 Extended Cab Pick-Up Trucks Town Staff Recommendation: Town staff recommends approval of the purchase of five pick-up trucks for Development and Community Services, from Sam Pack's Five Star Ford, through the Houston-Galveston Area Council (HGAC) Cooperative Purchasing Program. Proposed Motion: I move to approve the purchase of five pick-up trucks for Development and Community Services, from Sam Pack's Five Star Ford, through the Houston-Galveston Area Council (HGAC) Cooperative Purchasing Program. Item 5f End User: Sam Pack's Rep: Contact:Date: Contact TN/Email Phone # Product Description: Interior and Exterior Color Code White/Gray A. Bid Series:Base Price:15,232.92$ B.Published Options (Itemize Each Below) Code Bid Price Code Bid Price 44P Included 572 Included Included Included Included Total of B. - Published Options -$ C. Code Bid Price Code Bid Price Total of C. - Dealer Installed Published Options -$ D. Code Bid Price Code Bid Price Current %0.00%Total of D. - Off Menu Options -$ F.Delivery Charges 24 Miles @ $2.45/mile 58.80$ G.Option Discounts -$ H.Total of A + B + C + D + E = F 15,291.72$ I. $0.00 J. $0.00 K.Quantity Ordered 1 X F =15,291.72$ L.Administrative Fee 600.00$ M.Non-Equip Charges & Credits N.TOTAL PURCHASE PRICE INCLUDING ADMIN FEE $15,891.72 Off Menu Options Description Lot Insurance Coverages Off Menu Options limited to 25% of Published Price Floor Plan Assistance Description Dealer Installed Published Options Sam Pack's Five Star Ford CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT Cars and Light Trucks Contract Name:HGAC - VE11-11 1635 S. IH 35E Carrollton Texas, 75006 (888) 8 FLEET 9 (888-835-3389) - FAX 972-245-5278 D17 Short Bed Air Conditioning Vinyl 40/20/40 Description Description Automatic Transmission Team Members - Don McCormick - Grace Torres - Kevin Moore - Bill Dutton - Alan Rosner January Cook january_cook@prsopertx.gov 2014 Ford F-150 Description Description City of Prosper Alan Rosner 10/31/2013 972 569 1018 3.7L V6 Attachment 1 End User: Sam Pack's Rep: Contact:Date: Contact TN/Email Phone # Product Description: Interior and Exterior Color Code White/Gray A. Bid Series:Base Price:20,739.38$ B.Published Options (Itemize Each Below) Code Bid Price Code Bid Price 44P Included 572 Included Included Included Included 90L 1,105.00$ 96V 595.00$ W2B 3,150.00$ Total of B. - Published Options 4,850.00$ C. Code Bid Price Code Bid Price Total of C. - Dealer Installed Published Options -$ D. Code Bid Price Code Bid Price Current %0.00%Total of D. - Off Menu Options -$ F.Delivery Charges 24 Miles @ $2.45/mile 58.80$ G.Option Discounts (194.00)$ H.Total of A + B + C + D + E = F 25,454.18$ I. $0.00 J. $0.00 K.Quantity Ordered 2 X F =50,908.36$ L.Administrative Fee 600.00$ M.Non-Equip Charges & Credits N.TOTAL PURCHASE PRICE INCLUDING ADMIN FEE $51,508.36 Automatic Transmission Team Members - Don McCormick - Grace Torres - Kevin Moore - Bill Dutton - Alan Rosner January Cook january_cook@prsopertx.gov 2014 Ford F-250 Crew Cab with Equipment Description Description City of Prosper Alan Rosner 10/31/2013 972 569 1018 Power Group 6.2L V8 Air Conditioning Vinyl 40/20/40 Description Description Sam Pack's Five Star Ford CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT Cars and Light Trucks Contract Name:HGAC - VE11-11 1635 S. IH 35E Carrollton Texas, 75006 (888) 8 FLEET 9 (888-835-3389) - FAX 972-245-5278 D23 Short Bed 4x4 Speed Control with CD/Aux Jack Dealer Installed Published Options Lot Insurance Coverages Off Menu Options limited to 25% of Published Price Floor Plan Assistance Description Off Menu Options Description Attachment 2 End User: Sam Pack's Rep: Contact:Date: Contact TN/Email Phone # Product Description: Interior and Exterior Color Code White/Gray A. Bid Series:Base Price:19,499.28$ B.Published Options (Itemize Each Below) Code Bid Price Code Bid Price 44P Included 572 Included Included Included Included Included Total of B. - Published Options -$ C. Code Bid Price Code Bid Price Total of C. - Dealer Installed Published Options -$ D. Code Bid Price Code Bid Price Current %0.00%Total of D. - Off Menu Options -$ F.Delivery Charges 24 Miles @ $2.45/mile 58.80$ G.Option Discounts -$ H.Total of A + B + C + D + E = F 19,558.08$ I. $0.00 J. $0.00 K.Quantity Ordered 2 X F =39,116.16$ L.Administrative Fee 600.00$ M.Non-Equip Charges & Credits N.TOTAL PURCHASE PRICE INCLUDING ADMIN FEE $39,716.16 Automatic Transmission Team Members - Don McCormick - Grace Torres - Kevin Moore - Bill Dutton - Alan Rosner January Cook january_cook@prsopertx.gov 2014 Ford F-250 Extended Cab with Equipment Description Description City of Prosper Alan Rosner 10/31/2013 972 569 1018 Manual Windows/Locks 6.2L V8 Air Conditioning Vinyl 40/20/40 Description Description Sam Pack's Five Star Ford CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT Cars and Light Trucks Contract Name:HGAC - VE11-11 1635 S. IH 35E Carrollton Texas, 75006 (888) 8 FLEET 9 (888-835-3389) - FAX 972-245-5278 D22 Short Bed Dealer Installed Published Options Lot Insurance Coverages Off Menu Options limited to 25% of Published Price Floor Plan Assistance Description Off Menu Options Description Attachment 3 Item 5g Item 5g Item 5g Item 5g Item 5g Item 5g Item 5g To: Mayor and Town Council From: Chris Copple, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – November 12, 2013 Agenda Item: Conduct a Public Hearing, and consider and act upon a request to rezone 12.3± acres, located on the east side of future Windsong Parkway and the terminus of future Acacia Parkway, to amend Planned Development-40 (PD-40), Exhibit C, Section 1(f)(a)(C). (Z13-0017). Description of Agenda Item: The zoning and land use of the surrounding properties are as follows: Zoning Current Land Use Future Land Use Plan Subject Property Planned Development- 40-Mixed Use Undeveloped Medium Density Residential North Planned Development- 40-Single Family Undeveloped Medium Density Residential East Planned Development- 40-Single Family Undeveloped Medium Density Residential South Planned Development- 40-Mixed Use Undeveloped US 380 District West Planned Development- 40-Single Family Undeveloped Medium Density Residential Requested Zoning – Z13-0017 is a request to rezone 12.3± acres, located on the east side of future Windsong Parkway and the terminus of future Acacia Parkway, to amend Planned Development-40 (PD-40), Exhibit C, Section 1(f)(a)(C). The purpose of the Planned Development (PD) request is to add unique exterior building material standards for the Windsong Ranch community amenity center. The PD request allows for up to an aggregate of 40% of the total exterior façade of the community amenity center to consist of Ipe, which is a Brazilian hardwood. The remaining façade area will consist of glass and chopped limestone. The applicant has included a façade plan as part of the PD request, attached as Exhibit F. The zoning request is specifically to rezone the 12.3± acre community amenity center lot to amend Exhibit C, Section 1(f)(a)(C), so all other sections of PD-40 are not included in the zoning request. Prosper is a place where everyone matters. PLANNING Page 1 of 2 Item 7 The Zoning Ordinance requires non-residential buildings to have a 100% masonry exterior, consisting of clay-fired brick, natural, precast, or manufactured stone, granite, marble, architectural concrete block, split-face concrete masonry unit, and architecturally finished concrete tilt wall. The Zoning Ordinance does allow for secondary materials to consist of a total of 10% or less of an elevation area. The permitted secondary building materials are aluminum or other metal, cedar, or similar quality decorative wood, stucco, and high impact exterior insulation and finish systems (EIFS). The PD request allows for up to 40% of the total exterior façade of the community amenity center to consist of Ipe (wood), which is only permitted as a secondary building material by the Zoning Ordinance. Therefore, Town staff does not support the requested amendment to PD-40. Legal Obligations and Review: Zoning is discretionary. Therefore, the Town Council is not obligated to approve the request. Notification was provided to neighboring property owners as required by state law. Town staff has not received any public hearing notice reply forms. Attached Documents: 1. Zoning Exhibits A, C, and F. 2. Zoning map of the surrounding area. 3. Additional information regarding the project and the request provided by the applicant. 4. Ipe warranty information provided by the applicant. 5. Ipe fire testing information provided by the applicant. 6. Planned Development-40. Planning & Zoning Commission Recommendation: At their October 15, 2013 meeting, the Planning & Zoning Commission recommended the Town Council approve a request to rezone 12.3± acres, located on the east side of future Windsong Parkway and the terminus of future Acacia Parkway, to amend Planned Development-40 (PD- 40), Exhibit C, Section 1(f)(a)(C), by a vote of 5-1. Commissioner McClung voted in opposition. Town Staff Recommendation: Town staff recommends the Town Council deny the request to rezone 12.3± acres, located on the east side of future Windsong Parkway and the terminus of future Acacia Parkway, to amend Planned Development-40 (PD-40), Exhibit C, Section 1(f)(a)(C). Proposed Motion: I move to deny a request to rezone 12.3± acres, located on the east side of future Windsong Parkway and the terminus of future Acacia Parkway, to amend Planned Development-40 (PD- 40), Exhibit C, Section 1(f)(a)(C). Page 2 of 2 Item 7 EXHIBIT "A" Windsong Ranch Amenity Center 12.291 Acres H.P. SALING SURVEY ~ ABSTRACT No. 1628 L. SALING SURVEY ~ ABSTRACT No. 1675 J. BATES SURVEY ~ ABSTRACT No. 1620 IN THE TOWN OF PROSPER, DENTON COUNTY, TEXAS Current Zoning: PD-40 Requested Zoning: PD-40 POINT OF BEGINNING Item 7 WINDSONG  RANCH  PLANNED  DEVELOPMENT  AMENDMENT   September  16,  2013     EXHIBIT  C  –  CASE  #Z13-­‐0017     Windsong  Ranch  Phase  1A;  Block  X  Lot  15  of  Planned  Development  -­‐  40     Planned  Development  District  Standards     Except  as  otherwise  set  forth  in  these  development  standards,  the  property,  as   described  in  Exhibit  A,  shall  develop  under  Ordinance  No.  08-­‐030,  as  adopted  by  the   Town  of  Prosper  Town  Council  on  March  25,  2008.     1.0 Amenity  Program   f.  Community  Amenity  Center   a.(C)   The  Community  Amenity  Center  shall  allow  Ipe,  a  Brazilian   hardwood,  as  an  architectural  wood  veneer  which  may   encompass  an  aggregate  maximum  of  40%  of  the  total  exterior   façade  of  the  Community  Amenity  Center,  where  as  the  other   combination  of  store  front  glass  and  chopped  limestone  will  be   a  minimum  of  60%  (see  exhibit  F).  Routine  oiling  will  enhance   and  maintain  Ipe’s  aesthetic  and  mitigate  the  natural  “greying”   of  the  wood.  The  façade  shall  reflect  the  elevations   conceptually  shown  on  Exhibit  F.         Item 7 CAST STONE SILL FF 100'-0" T.O. CONC. 99'-10" EXOTIC HARDWOOD SIDING CHOPPED LIMESTONE THICKSET LIMESTONE PAVERS IN SLAB OFFSET 1/4" REVEAL, TYP. 1-1/2" DOUGLAS FUR T&G ROOF DECK CLEAR ANODIZED FRAMING SYSTEM W/ 1" INSULATED LOW-E GLAZINGSTRL STEEL PIPE COLUMN W/ SPECIAL COATING CAST STONE LINTEL 214'-6"18'-2 1/8"82'-0"18'-8 1/8"18'-8 1/8"20'-7 1/2"49'-4" SCREENING FOR MECH EQUIPMENT SCREENING FOR MECHANICAL EQUIPMENT BEYOND PAINT GRIP FINISH STANDING SEAM METAL ROOF FF 100'-0" T.O. CONC. 99'-10" EXOTIC HARDWOOD SIDING CAST STONE SILL CHOPPED LIMESTONE CLEAR ANODIZED FRAMING SYSTEM W/ 1" INSULATED LOW-E GLAZING THICKSET LIMESTONE PAVERS IN SLAB OFFSET STRL STEEL PIPE COLUMN W/ SPECIAL COATING EXOTIC HARDWOOD SIDING CAST STONE SILL CHOPPED LIMESTONE STRL STEEL BEAM W/ SPECIAL COATING 1-1/2" DOUGLAS FIR T&G ROOF DECK THICKSET LIMESTONE PAVERS IN SLAB OFFSET STRL STEEL PIPE COLUMN W/ SPECIAL COATING1/4" REVEAL, TYP. CHOPPED LIMESTONE CHIMNEY 214'-6" 52'-2"84'-8"11'-5 1/2"20'-1 1/8"12'-3 3/4"SCREENING FOR MECH EQUIPMENT BEYOND SCREENING FOR MECHANICAL EQUIPMENT BEYOND FF 100'-0" T.O. CONC. 99'-10" REFERENCE N/S ELEV FOR REMAINDER OF NOTES T.O. WINDOW HEAD 110'-0" CHOPPED LIMESTONE CHIMNEY BEYOND 10'-0"3'-6"152'-3" 49'-10"51'-8"2'-8"20'-7 5/8"FF 100'-0" T.O. CONC. 99'-10" REFERENCE N/S ELEV. FOR REMAINDER OF NOTES T.O. WINDOW HEAD 110'-0" CHOPPED LIMESTONE CHIMNEY 152'-3 1/8" 36'-8"15'-0"49'-10"18'-1 3/8"12'-1 7/8"11'-5 1/2"22'-9 5/8"AREA FOR ADDRESS NUMBER SIGNAGE Drawn Checked Approved MM.DD.YY 04.0813 (FACADE PLAN) ELEVATIONS A2.00 REVISIONS ItemDateNo. Project No. Date Last Revision 12146.00WINDSONG RANCHPROSPER , TEXASTHIS DOCUMENT IS NOT FOR REGULATORY APPROVAL, PERMITTING, OR CONSTRUCTION.AMENITIES CENTERSOUTH ELEVATION NORTH ELEVATION (FRONT - ENTRY) WEST ELEVATION (FRONT - FACES WINDSONG PARKWAY) EAST ELEVATION MATERIAL CALCULATION TABLE SCALE: 3/32" = 1'-0" 5'-0" 10'-0"0 20'-0" SCALE: 3/32" = 1'-0" 5'-0" 10'-0"0 20'-0" SCALE: 3/32" = 1'-0" 5'-0" 10'-0"0 20'-0" SCALE: 3/32" = 1'-0" 5'-0" 10'-0"0 20'-0" KEY PLAN WINDSONG RANCH PHASE 1A ADDITION LOT 15, BLOCK X 04-08-2013 APPLICANT SPIARS ENGINEERING INC 765 CUSTER RD, SUITE 100 PLAN, TEXAS 75075 TEL: 972.422.0077 CONTACT: KEVIN WIER EMAIL: kevin@spiarsengineering.com OWNER TERRA VERDE GROUP, LLC 740 EAST CAMPBELL ROAD, SUITE 515 RICHARDSON, TEXAS 75081 TEL: 972.238.7410 CONTACT: DAVID BLOM EMAIL: dblom@tvgllc.com PROJECT INFORMATION SURVEYOR SPIARS ENGINEERING INC 765 CUSTER RD, SUITE 100 PLAN, TEXAS 75075 TEL: 972.422.0077 CONTACT: KEVIN WIER EMAIL: kevin@spiarsengineering.com GENERAL NOTES -THIS FACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLANS REQUIRE REVIEW AND APPROVAL FROM THE BUILDING INSPECTION DEPARTMENT -ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE COMPREHENSIVE ZONING ORDINANCE -WHEN PERMITTED, EXPOSED UTILITY BOXED AND CONDUITS SHALL BE PAINTED TO MATCH THE BUILDING -ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE BUILDING INSPECTION DEPARTMENT MINOR ELEVATIONS (AS INDICATED ON KEY PLAN) SCALE: 3/32" = 1'-0" 5'-0" 10'-0"0 20'-0" MINOR ELEVATION 1 MINOR ELEVATION 2 MINOR ELEVATION 3 MINOR ELEVATION 4 MM.DD.YY 04.0813 CASE #Z13-0017 MM.DD.YY 04.0813 EXHIBIT "F" Item 7 GEE RDFISHTRAP RD W UNIVERSITY DRWINDSONG PKWYACACIA PK W Y CROSSVI N E D RROCKROSE DRBRISTLE L E A F L N DESERT W I L L O W D R AUTUMN SAGE DR GOOD HOPE RDPONDEROSA DRZ13-0017 C SF-10 SF-10 SFPD-40 MPD-40 ±0 300 600 900 Feet 1 inch = 600 feet Item 7                         Windsong  Ranch  -­‐  Planned  Development  Amendment   Presented  by  TVG  Texas  I  LLC     (an  affiliate  of  Terra  Verde  Group  LLC)   9/24/13         Item 7 WINDSONG  RANCH  PLANNED  DEVELOPMENT  AMENDMENT   September  16,  2013     2   TABLE  OF  CONTENTS            TABLE  OF  CONTENTS  .........................................................................................................................  2          PROJECT  OVERVIEW  .......................................................................................................................  3-­‐6          AMENDMENT  STATEMENT  ..........................................................................................................  7-­‐8          ARCHITECTURAL  NOTES  ............................................................................................................  9-­‐10          CONTRACTOR  COST  ESTIMATE  ............................................................................................  11-­‐13          IMAGERY  ..........................................................................................................................................  14-­‐17                     Item 7 WINDSONG  RANCH  PLANNED  DEVELOPMENT  AMENDMENT   September  16,  2013       3   PROJECT  OVERVIEW     Windsong  Ranch  is  an  environmentally  sensitive  community  that  encourages  an   active,  healthy  lifestyle  for  growing  families.  A  special  place  that  brings  friends  and   neighbors  together  in  gathering  places  designed  for  fun-­‐filled  activities,  events,  and   relaxation.       Windsong  Ranch  (listed  as  Mahard  Ranch  in  PD-­‐40)  comprises  approximately  2,000   acres  and  is  currently  planned  for  3,090  single-­‐family  homes  to  be  built  over  the  life   of  the  project.  There  is  approximately  600  acres  of  open  space,  three  (3)  school   sites,  73  acres  of  park  dedication,  and  7  acres  of  public  facility  dedication  that  will   be  provided  and  developed  by  TVG.    Home  price  ranges  are  anticipated  to  be  from   $300,000  to  over  $600,000  during  the  first  several  years  of  development.    The   builder  group  is  comprised  of  Darling  Homes,  Highland  Homes,  Huntington  Homes,   Drees,  David  Weekley  and  Chesmar.  The  dedication  of  the  first  12.5  acre  elementary   school  site  and  a  2.7  acre  fire  station  site  are  currently  in  process.    TVG  also  has  a  46   acre  site  under  contract  at  the  northeast  corner  of  Highway  380  and  Gee  Road  to  a   commercial  developer  for  construction  of  an  approximate  380,000  square  foot  retail   center,  the  first  phase  of  which  will  be  anchored  by  a  grocery  store.     The  Amenity  Center  “The  Commons”  is  the  hub  of  Windsong  Ranch.  It  will  serve  as   the  center  for  planned  activities,  and  as  a  welcome  center  to  the  residents  of   Windsong  Ranch  and  to  the  community  of  Prosper.     The  stunning  contemporary  design  influenced  by  native  Texas  Architecture  will   achieve  Prosper’s  initiative  to  have  a  high-­‐quality  facility  that  will  differentiate   Prosper  from  the  surrounding  communities.  Large  spans  of  glass,  raised  metal  roofs,   natural  stone,  and  rich  woods  blend  beautifully  with  the  landscape  to  create  a   welcoming  environment  for  residents  and  visitors  alike.                               Item 7 WINDSONG  RANCH  PLANNED  DEVELOPMENT  AMENDMENT   September  16,  2013     4   PROJECT  OVERVIEW     Amenity  Center  Site  Plan             Item 7 WINDSONG  RANCH  PLANNED  DEVELOPMENT  AMENDMENT   September  16,  2013       5   PROJECT  OVERVIEW     Open  Space  and  Entry  Exhibit                                                                 Item 7 WINDSONG  RANCH  PLANNED  DEVELOPMENT  AMENDMENT   September  16,  2013     6   PROJECT  OVERVIEW     Welcome  Center                                 Café       Item 7 WINDSONG  RANCH  PLANNED  DEVELOPMENT  AMENDMENT   September  16,  2013       7   AMENDMENT  STATEMENT       The  purpose  of  this  zoning  application  is  limited  and  very  specific,  which  is  to  seek   approval  of  the  use  of  Ipe  wood  as  an  allowed  material  for  the  façade  of  the  amenity   center  buildings  (considered  to  be  non-­‐residential  buildings  under  current  Town   ordinances)  to  be  constructed  at  Windsong  Ranch.     TVG  Texas  I,  LLC,  an  affiliate  of  Terra  Verde  Group  LLC,  has  submitted  plans  for  the   construction  of  an  amenity  center  of  approximately  6,800  square  feet.    The  amenity   center  will  be  constructed  on  an  approximately  12-­‐acre  lot,  and  will  comprise  three   (3)  separate  buildings  that  will  provide  the  following:     • Information  center  with  state-­‐of-­‐the-­‐art  electronic  equipment.   • Café  that  will  serve  the  general  public  as  well  as  Windsong  Ranch  residents.   • Fully  equipped  indoor  fitness/exercise  room.   • Outdoor  seating  area  with  fireplace.   • Two  (2)  swimming  pools  (resort  pool  with  kids  area  and  lap  pool)   overlooking  a  2  acre  lake.   • Children’s  playground.   • Approximately  12,500  square  feet  under  roof,  which  includes  outdoor   seating  areas.     The  plans  submitted  to  the  Town  meet  and  in  several  ways  exceed  the  standards  set   forth  in  PD-­‐40.    In  keeping  with  the  Town’s  long-­‐standing  desire  to  see  high-­‐quality   development,  and  to  be  differentiated  from  other  communities  in  a  positive  sense,   TVG  has  provided  unique  architecture  and  high-­‐quality  standards  as  evidenced  by   the  plans  submitted  and  the  renderings  provided  with  this  application.     A  key  component  of  the  design  is  Ipe  exotic  wood,  which  provides  an  upscale  look   while  providing  excellent  qualities  of  durability  and  maintenance.    TVG  has  provided   with  this  application  specific  data  comparing  the  strength  and  density  of  Ipe  versus   traditional  building  materials.    Key  facts  are  as  follows:     • The  life  expectancy  of  Ipe  is  20  to  100  years.   • Ipe  has  a  density  that  is  higher  than  brick  and  concrete.   • Ipe  has  a  natural  Class  A  fire  spread  rating  which  is  comparable  to  concrete   and  structural  steel.   • Ipe  has  been  used  in  such  places  as  country  clubs,  commercial/retail,  and   high-­‐end  residential  properties.   • Regular  staining  and  sealing  are  not  necessary.     The  cost  of  using  Ipe  will  exceed  the  cost  of  using  brick  or  limestone/stone   materials,  as  illustrated  by  the  cost  summaries  provided  by  Hill  &  Wilkinson,  the   Item 7 WINDSONG  RANCH  PLANNED  DEVELOPMENT  AMENDMENT   September  16,  2013     8   general  contractor  for  the  project  and  a  reputable,  significantly-­‐sized  firm  here  in   DFW  for  the  past  fifty  (50)  years.     TVG  respectfully  requests  approval  for  the  use  of  Ipe  as  a  façade  material  for  the   Community  Amenity  Center  building.       Item 7 WINDSONG  RANCH  PLANNED  DEVELOPMENT  AMENDMENT   September  16,  2013       9   ARCHITECTURAL  NOTES       The  following  notes  are  from  Good  Fulton  &  Farrell  Architects  regarding  the   architectural  and  sustainable  benefits  of  installing  Ipe  wood  on  Windsong  Ranch   Amenity  Center:     • Ipe  is  guaranteed  not  to  rot  for  20  years  without  preservatives,  and  is   naturally  impervious  to  termites.     • Leroy  Jordan  Lumber  Company  and  other  vendors  offer  a  twenty-­‐five  (25)   year  warranty  that  covers  damage  from  rot,  decay,  or  insect  infestation  for   the  natural,  unfinished  product  when  used  as  a  decking  material  in  the   horizontal  plane.    Windsong  Ranch  will  be  using  it  on  the  vertical  plane,   which  will  be  subjected  to  far  less  wear  and  exposure  than  horizontal   decking  material  will.     • Has  a  natural  Class  A  fire  spread  rating,  the  same  as  concrete  or  structural   steel.     • Has  a  Modulus  of  Elasticity  (stiffness  measurement)  of  3,140,000  psi.  versus   Eastern  Red  Cedar  880,000  psi,  and  Southern  Yellow  Pine  1,200,000.  High   Strength  Concrete  is  4,350,000  psi,  Standard  A36  structural  steel  is   29,000,000  psi.     • Has  a  density  of  78  pcf.  High  Strength  Concrete  has  a  density  of  150  pcf.   Standard  Steel  has  a  density  of  487  pcf.  Brick  varies,  but  has  an  average   density  of  41  pcf.  Limestone  varies  even  more  greatly,  but  has  an  average   density  of  146  pcf.     • Has  a  hardness  (measurement  of  pressure  before  material  deformation)  of   3,600  lbs.  Pressure  Treated  Pine  has  a  hardness  of  690  lbs.  Cedar  has  a   hardness  of  580  lbs.     • Is  maintenance  free  –  no  painting,  staining,  or  sealing  required.  Oiling  can   increase  lifespan  to  100  years.     • Ipe  is  as  widespread  in  Brazil  as  Yellow  Pine  is  in  the  United  States,  and  is   harvested  for  distribution  from  managed  forests.   Item 7 WINDSONG  RANCH  PLANNED  DEVELOPMENT  AMENDMENT   September  16,  2013     10   • The U.S. Forest Products Laboratory rates Ipe as “Very Durable – 25 years.” This is the highest rating available from the forest laboratory. • Represents an 8-10% cost increase over brick or stone veneers (see attached cost comparison from Hill and Wilkinson). Item 7 WINDSONG  RANCH  PLANNED  DEVELOPMENT  AMENDMENT   September  16,  2013       11   CONTRACTOR  COST  ESTIMATE             Item 7 WINDSONG  RANCH  PLANNED  DEVELOPMENT  AMENDMENT   September  16,  2013     12   CONTRACTOR  COST  ESTIMATE               Item 7 WINDSONG  RANCH  PLANNED  DEVELOPMENT  AMENDMENT   September  16,  2013       13   CONTRACTOR  COST  ESTIMATE             Item 7 WINDSONG  RANCH  PLANNED  DEVELOPMENT  AMENDMENT   September  16,  2013     14   IMAGERY     Residence,  Lake  LBJ,  Austin,  Texas           Civic  Building,  Silver  Springs,  Maryland           Item 7 WINDSONG  RANCH  PLANNED  DEVELOPMENT  AMENDMENT   September  16,  2013       15   IMAGERY     Residence,  Chicago,  Illinois           Commercial  Building,  Undisclosed  location                     Item 7 WINDSONG  RANCH  PLANNED  DEVELOPMENT  AMENDMENT   September  16,  2013     16   Condominium,  Undisclosed  location       Residence,  Undisclosed  location                         Item 7 WINDSONG  RANCH  PLANNED  DEVELOPMENT  AMENDMENT   September  16,  2013       17   IMAGERY     Residence,  Pacific  Palisades,  California      Residence,  Undisclosed  location       I                         Item 7 LEE ROY JORDAN LBR CO FEQ IPE Twenty Five Year(25) Fully Transferable Limited Warranty Date: _______________ Registration No. __________ LRJ Invoice No. __________ Lee Roy Jordan Lumber Co warrants to the purchaser, that for the period of twenty-five(25) years from the date of the original customer invoice, our FEQ IPE Decking will maintain its structural integrity when installed in a residential application according to the Installation Guide. Coverage is limited to the replacement of material found structurally unfit due to damage caused by fungal decay or insects. The purchaser’s sole remedy for any claim whatsoever shall be replacement with new FEQ Grade IPE. Coverage is limited to residential construction projects designed for and subject to typical residential traffic and loads. This warranty does not cover product used in ground contact or submersed applications. Purchaser is solely responsible for determining the requirements of any applicable building or safety codes or similar regulation. To insure registration of your warranty please submit the attached card within 30 days of purchase. To obtain replacement product, the original or subsequent owner must submit this warranty certificate, along with the original paid purchase invoice to: LEE ROY JORDAN LUMBER CO 2425 Burbank St Dallas, TX 75235 The original purchase invoice must include the dimension, length and quantity of FEQ Ipe purchased. Lee Roy Jordan Lumber Co. reserves the right to inspect any and all claims in determining product fitness and cause of damage. Lee Roy Jordan Lumber Co. shall not be liable for damage resulting from improper storage or use, nor be responsible for costs associated with product removal, replacement delivery, reinstallation, indirect or consequential damages. It is understood and agreed that Sellers liability whether in contract, tort, warranty or otherwise shall not exceed replacement cost. Where permitted by law, the foregoing warranty is exclusive and in lieu of any and all other warranties with respect to FEQ IPE and there are no other warranties whether expressed or implied. This warranty is governed by the laws of the State of Texas; however, certain conditions, exclusions and limitations set forth in this warranty are not permitted or effective in some states and Canadian provinces and, therefore, may not apply to you. This warranty gives you specific legal rights, which vary from state to state and Canadian province to province. Item 7 LRJ FEQ IPE Warranty Registration Owner Information: Registration No: _____________ Name_________________________________________________________________________ Address________________________________________________________________________ City ______________State _____Zip_________ Phone_________________________ Type of installation: Deck _____ Pool/Spa Surround _______ Trellis_______ Walkway_______ Gazebo ____Dock_______ Stairs_________ Access Ramp ________Other_____________ Age of Home (years)______Type: Single Family___ Second Home___ Condo/Town____ Contractor / Installer Information: Date of purchase: ______________ Company Name: _______________________________ Contact___________________________ Address _____________________________City ________________State_______ Zip _______ Phone _______________ Fax_______________ E Mail_________________________ Fastener System used: Screws_____ Nails_____ Power Nailed_____ EBTY_____ Deck Master________ Shadow Track______ Other__________________________________________ Fastener Type: Stainless Steel______ Galvanized _______Other_____________________ Project Area: (square feet): _________________________ ---------------------------------------------------------------------------------------------------------------------- Other Comments: Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Page 1 of 2 To: Mayor and Town Council From: January Cook, CPPO, CPPB, Purchasing Agent Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – November 12, 2013 Agenda Item: Consider and act upon authorizing the Town Manager to execute an agreement between Wiginton Hooker Jeffry Architects P.C., and the Town of Prosper, related to architectural and engineering design services for Prosper Fire Department Station No. 2; and authorizing use of the construction manager at risk contracting method for construction. Description of Agenda Item: The Town requested Statements of Qualifications (SOQ) from qualified firms, to provide professional Architectural and Engineering Design Services, relating to the conceptual design and planning of Prosper Fire Department Station No. 2. The Town received sixteen responses by the due date and time (August 9, 2013, at 2:00 p.m.). Firms were required to submit information, in order to facilitate evaluation based on the following criteria: 1. firm's overall ability to meet the Town's objectives; 2. experience; 3. professional qualifications of individuals assigned to the project; and 4. references. The evaluation committee was comprised of six staff members representing the Fire Department. The evaluation committee scored each submittal in accordance with the evaluation criteria as stated above, to determine the total points for each firm. A second committee, comprised of seven staff members representing the Fire Department, the Police Department, Development and Community Services, and Purchasing, further reviewed the three top-ranked firms. After additional discussions with references, conducting site visits of completed projects, and researching change order histories, the committee found no basis to change the order of the firms. Therefore, staff interviewed the top-ranked firm, and subsequently negotiated the scope of work and fee for services required for this project. It is the recommendation of staff to award the contract to Wiginton Hooker Jeffrey, P.C., the most highly qualified firm. Additionally, staff recommends using the construction manager at risk contracting method, for construction of Fire Department Station No. 2, in order to obtain a qualified Construction Manager, and the proposal that offers the best value to the Town. This is the same contracting method that was utilized for the construction of Fire Department Station No. 1. Prosper is a place where everyone matters. FINANCE Item 8 Page 2 of 2 Budget Impact: The budget for this project is $3,472,000. The negotiated fee for basic services is 9% of the total cost of work, as defined in Article 6 of the agreement, plus reimbursable expenses as outlined in Article 11.8.1 of the agreement. Additional services, if elected by the Town, will be compensated in accordance with Article 11 of the agreement. The initial funding of the design work for the construction of Fire Department Station No. 2, is contingent upon Council's approval of the reimbursement resolution, that is also on the November 12, 2013, agenda. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and legality. Attached Documents: 1. Evaluation Matrix 2. Agreement Town Staff Recommendation: Town staff recommends the Town Council approve an agreement between Wiginton Hooker Jeffry Architects P.C., and the Town of Prosper, related to architectural and engineering design services for Prosper Fire Department Station No. 2; authorize the Town Manager to execute same; and use of the construction manager at risk contracting method for construction. Proposed Motion: I move to approve an agreement between Wiginton Hooker Jeffry Architects P.C., and the Town of Prosper, related to architectural and engineering design services for Prosper Fire Department Station No. 2; authorize the Town Manager to execute same; and use of the construction manager at risk contracting method for construction. Item 8 SOQ No. 2013-6-BEVALUATION MATRIXFIRMSPOINTS % WEIGHTED SCOREPOINTS % WEIGHTED SCOREPOINTS % WEIGHTED SCOREPOINTS % WEIGHTED SCOREWiginton Hooker Jeffry Architects1040% 3.8710.0030% 3.009.5020% 1.909.3310% 0.939.70Brown Reynolds Watford Architects, Inc.1040% 3.809.0030% 2.708.1720% 1.639.3310% 0.939.07RPGA Design Group, Inc.940% 3.477.8330% 2.358.3320% 1.678.3310% 0.838.32Kirkpatrick Architecture Studio740% 2.736.8330% 2.057.5020% 1.506.6710% 0.676.95Architects Phelps/Wood6 40% 2.40 6.50 30% 1.95 6.50 20% 1.30 5.83 10% 0.586.23Pro Forma Architecture, Inc.740% 2.605.8330% 1.755.8320% 1.176.0010% 0.606.12Spurgin & Associates Architects640% 2.406.5030% 1.955.6720% 1.135.3310% 0.536.02GSR Andrade Architects, Inc.640% 2.475.5030% 1.655.5020% 1.105.0010% 0.505.72Renaissance Group, Inc.540% 2.135.8330% 1.755.6720% 1.135.5010% 0.555.57Ron Hobbs Architects640% 2.275.5030% 1.655.3320% 1.075.6710% 0.575.55Randall Scott Architects, Inc.640% 2.205.0030% 1.504.8320% 0.974.5010% 0.455.12HRO Architects LLC540%2.075.1730%1.555.1720%1.034.5010% 0.455.10Komatsu/Rangel, Inc. dba Komatsu Architecture540% 2.004.6730% 1.405.0020% 1.005.0010% 0.504.90Brinkley Sargent Architects5 40% 1.93 4.67 30% 1.40 5.33 20% 1.07 4.67 10% 0.474.87Huitt-Zollars, Inc.440% 1.734.6730% 1.405.0020% 1.004.6710% 0.474.60BWA Architects440% 1.674.1730% 1.254.6720% 0.934.1710% 0.424.27ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR PROSPER FIRE DEPARTMENT STATION NO. 21. FIRM'S OVERALL ABILITY TO MEET THE TOWN'S OBJECTIVES2. EXPERIENCE3. PROFESSIONAL QUALIFICATIONS4. REFERENCES TOTAL POINTSEVALUATION CRITERIA:Attachment 1 Init. / AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:53:46 on 11/06/2013 under Order No.9916853739_1 which expires on 01/03/2014, and is not for resale. User Notes: (1214658387) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. made as of the Twelfth day of November in the year Two Thousand Thirteen (In words, indicate day, month and year.) the Architect’s client identified as the Owner: (Name, legal status, address and other information) Town of Prosper Physical Address: 121 W. Broadway Prosper, TX 75078 Mailing Address: P. O. Box 307 Prosper, TX 75078 Telephone Number: (972) 346-2640 Fax Number: (972) 346-9335 and the Architect: (Name, legal status, address and other information) Wiginton Hooker Jeffry Architects P.C. 500 N. Central Expressway, Suite 300 Plano, Texas 75074 Telephone Number: 972-665-0657 Fax Number: 972-665-0656 for the following Project: (Name, location and detailed description) Town of Prosper Fire Station No. 2 1150 S. Teel Parkway, Denton County, North of US Highway 380 The Owner and Architect agree as follows. Attachment 2 Init. / AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:53:46 on 11/06/2013 under Order No.9916853739_1 which expires on 01/03/2014, and is not for resale. User Notes: (1214658387) 2 This Agreement is based on the Initial Information set forth in this Article 1: (State below Initial Information such as details of the Project’s site and program, Owner’s contractors and consultants, Owner’s budget, authorized representatives, anticipated procurement method, and other information relevant to the Project.) The project is a new Fire Station. The exact size of the new facility is to be determined during review of the Owner’s Program. The Total Project Budget is $3,472,000. The Owner intends to utilize a Construction Manager at Risk delivery method for this project. The Construction Manager shall be responsible for estimates of the Cost of the Work as well as other services, duties and responsibilities in connection with the project. The Owner shall provide the Architect a copy of the executed agreement between the Owner and the Construction Manager (from which compensation amounts may be deleted), and any further modifications to the agreement. The Owner’s anticipated dates for commencement of construction and Substantial Completion of the Work are set forth below: Commencement of construction date: To be determined. Substantial Completion date: To be determined. Attachment 2 Init. / AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:53:46 on 11/06/2013 under Order No.9916853739_1 which expires on 01/03/2014, and is not for resale. User Notes: (1214658387) 3 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Architect may adjust the schedule, the Architect’s services and the Architect’s compensation. The Architect shall provide the professional services as set forth in this Agreement. The Architect and Architect’s Consultants shall perform its services consistent with the professional skill and care ordinarily provided by architects and other consultants practicing in the same or similar locality under the same or similar circumstances. Neither the law nor the ordinary and reasonable standard of care places the burden of perfect performance of professional services on the Architect or Architect’s Consultants. The Owner acknowledges that this design effort is a unique one-time creative endeavor that does not have the benefit of testing, that some level of imperfection must be expected, that the construction documents may contain errors and omissions, and that the missing and corrective information shall be developed during the construction process. When an error or omission is discovered, the Architect or Architect’s Consultants shall provide all necessary design services and documentation for corrective action at no cost to the Owner. The Architect and Consultants shall perform services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project and, in any event, in accordance with such schedule as is specified in the Agreement. The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. If at any time after entering into the Agreement, the Town has any objection to the Architect’s representative or to any of Architect’s personnel, or any objection to any personnel of consultants retained by Architect and assigned to the Project, Architect shall promptly propose substitutes to whom the Town has no objection. Except with the Owner’s knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would compromise the Architect’s professional judgment with respect to this Project. The Architect shall, at its own expense, procure, pay for and maintain during the term of this Agreement the following insurance written by companies approved by the State of Texas and acceptable to Owner. The Architect shall furnish to the Owner certificates of insurance executed by the insurer or its authorized agent stating coverages, limits, and expiration dates in compliance with all applicable required provisions. (Identify types and limits of insurance coverage, and other insurance requirements applicable to the Agreement, if any.) General Liability Commercial General Liability insurance, including, but not limited to Premises/Operations, Personal & Advertising Injury, Products/Completed Operations, Independent Contractors and Contractual Liability, with minimum combined single limits of $1,000,000.00 per occurrence, $1,000,000.00 Products/Completed Operations Aggregate, and $1,000,000.00 General Aggregate. Coverage must be written on an occurrence form. The General Aggregate shall apply on a per project basis. Automobile Liability Business Automobile Liability insurance covering owned, hired and non-owned vehicles, with a minimum combined bodily injury and property damage limit of $1,000,000.00 per occurrence. Workers’ Compensation Worker’s Compensation insurance with statutory limits; and Employer’s Liability coverage with minimum limits for bodily injury: (a) by accident, $100,000.00 each accident, and (b) by disease, $100,000.00 per employee, with a per policy aggregate of $500,000.00. Professional Liability Attachment 2 Init. / AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:53:46 on 11/06/2013 under Order No.9916853739_1 which expires on 01/03/2014, and is not for resale. User Notes: (1214658387) 4 Professional Liability insurance to provide coverage against any claim which the Architect and all consultants engaged or employed by the Architect become legally obligated to pay as damages arising out of the performance of professional services caused by error, omission or negligent act with minimum limits of $1,000,000.00 per claim, $1,000,000.00 annual aggregate. If the insurance is written on a claims-made form, coverage shall be continuous (by renewal or extended reporting period) for not less than thirty-six (36) months following completion of this Agreement and acceptance by Owner. With reference to the foregoing required insurance, the Architect shall endorse applicable insurance policies as follows: (1) a waiver of subrogation in favor of Owner, its officials, employees and officers shall be contained in the Workers’ Compensation insurance policy; (2) the Owner, its officials, employees and officers shall be named as additional insureds on the Commercial General Liability policy, by using endorsement CG2026 or broader; and (3) all insurance policies shall be endorsed to the effect that Owner will receive at least thirty (30) days notice prior to cancellation or non-renewal of the policies. All insurance shall be purchased from an insurance company that meets a financial rating of B+IV or better as assigned by A. M. Best Company or equivalent. The Architect’s Basic Services consist of those described in Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Additional Services. The Architect shall manage the Architect’s services, consult with the Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team and report progress to the Owner. The Architect shall coordinate its services with those services provided by the Owner and the Owner’s consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner and the Owner’s consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency in such services or information. As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. The schedule shall include allowances for periods of time required for the Owner’s review, for the performance of the Owner’s consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not be exceeded by the Architect or Owner. With the Owner’s approval, the Architect may adjust the schedule, if necessary as the Project proceeds until the commencement of construction. The Architect shall not be responsible for an Owner’s directive or substitution made without the Architect’s approval which approval shall not be unreasonably withheld. The Architect shall, at appropriate times, contact the governmental authorities required to approve the Construction Documents and the entities providing utility services to the Project. In designing the Project, the Architect shall respond to applicable design requirements imposed by such governmental authorities and by such entities providing utility services. The Architect shall assist the Owner in connection with the Owner’s responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. Architect shall provide Owner copies of all subcontracts and agreements with subcontractors who perform Work on the Project. Owner approval of all subcontractors performing Mechanical/Equipment/Plumbing work, Civil Engineering work, Electrical Engineering work, Structural Engineering work, and Landscape Architecture work is required. Architect shall coordinate with Owner the establishment and identification of benchmark(s)/datum elevation(s) for use on the Project. Architect shall be responsible for coordinating and providing accurate and complete benchmark information to all contractors during construction of the Project. Attachment 2 Init. / AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:53:46 on 11/06/2013 under Order No.9916853739_1 which expires on 01/03/2014, and is not for resale. User Notes: (1214658387) 5 The Architect shall prepare a program as described in Article 4.2 based upon meetings with, and review of other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect’s services. The Architect shall prepare a preliminary evaluation of the Owner’s program, schedule, budget for the Cost of the Work, Project site, and the proposed procurement or delivery method and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project, including the feasibility of incorporating environmentally responsible design approaches. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. Based on the Project’s requirements agreed upon with the Owner, the Architect shall prepare and present for the Owner’s approval a preliminary design illustrating the scale and relationship of the Project components. Based on the Owner’s approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner’s approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of perspective sketches or digital modeling. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. The Architect shall consider environmentally responsible design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner’s program, schedule and budget for the Cost of the Work. The Owner may obtain other environmentally responsible design services under Article 4. The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics in developing a design for the Project that is consistent with the Owner’s program, schedule and budget for the Cost of the Work. The Architect shall review an estimate of the Cost of the Work prepared by the Construction Manager in accordance with Section 6.3. The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner’s approval. Based on the Owner’s approval of the Schematic Design Documents, and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Owner’s approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and such other elements as may be appropriate. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. The Architect shall review updated estimates of the Cost of the Work prepared by the Construction Manager in accordance with Section 6.3. The Architect shall submit the Design Development documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, and request the Owner’s approval. Attachment 2 Init. / AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:53:46 on 11/06/2013 under Order No.9916853739_1 which expires on 01/03/2014, and is not for resale. User Notes: (1214658387) 6 Based on the Owner’s approval of the Design Development Documents, and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner’s approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the Work. These Documents may contain inconsistencies and omissions inherent to the Design and Construction Process. The Owner and Architect acknowledge that in order to construct the Work the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. The Architect shall incorporate into the Construction Documents the design requirements of governmental authorities having jurisdiction over the Project. During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of (1) bidding and procurement information that describes the time, place and conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. The Architect shall review updated estimates of the Cost of the Work prepared by the Construction Manager in accordance with Section 6.3. The Architect shall submit the Construction Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, take any action required under Section 6, and request the Owner’s approval. The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner’s approval of the Construction Documents, the Architect shall assist the Owner in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and, (4) awarding and preparing contracts for construction. Bidding Documents shall consist of bidding requirements and proposed Contract Documents. The Architect shall assist the Owner in bidding the Project by procuring the reproduction of Bidding Documents for distribution to prospective bidders; distributing the Bidding Documents to prospective bidders, requesting their return upon completion of the bidding process, and maintaining a log of distribution and retrieval and of the amounts of deposits, if any, received from and returned to prospective bidders; organizing and conducting a pre-bid conference for prospective bidders; preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda; and organizing and conducting the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner. The Architect shall consider requests for substitutions, if the Bidding Documents permit substitutions, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. (Paragraphs deleted) Attachment 2 Init. / AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:53:46 on 11/06/2013 under Order No.9916853739_1 which expires on 01/03/2014, and is not for resale. User Notes: (1214658387) 7 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201™–2007, General Conditions of the Contract for Construction. If the Owner and Contractor modify AIA Document A201–2007, those modifications shall not affect the Architect’s services under this Agreement unless the Owner and the Architect amend this Agreement. The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect’s acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. The Architect and his Engineers shall not be required to furnish or pay for Construction Materials and Labor not contained within the Construction Documents whether these items were an omission or added during Construction. Subject to Section 4.3, the Architect’s responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment or twelve (12) months after the start of Construction, whichever occurs first. The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect’s response to such requests shall be made in writing within any time limits agreed upon. Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, and shall not show partiality to either, and shall not be liable for Contractor’s performance of interpretations or decisions. Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201–2007, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. The Architect’s certification for payment shall constitute a representation to the Owner, based on the Attachment 2 Init. / AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:53:46 on 11/06/2013 under Order No.9916853739_1 which expires on 01/03/2014, and is not for resale. User Notes: (1214658387) 8 Architect’s evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor’s Application for Payment, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. The Architect shall maintain a record of the Applications and Certificates for Payment. The Architect shall review the Contractor’s submittal schedule and shall not unreasonably delay or withhold approval. The Architect’s action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect’s professional judgment to permit adequate review. In accordance with the Architect-approved submittal schedule, the Architect shall review and approve or take other appropriate action upon the Contractor’s submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor’s responsibility. The Architect’s review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review shop drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor that bear such professional’s seal and signature when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals. Subject to the provisions of Section 4.3, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth in the Contract Documents the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect’s response to such requests shall be made in writing within five (5) work days. Requests received after 1:00 pm shall be considered received the next work day. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to requests for information. The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to the provisions of Section 4.3, the Architect shall prepare Change Orders and Construction Change Directives for the Owner’s approval and execution in accordance with the Contract Documents. Attachment 2 Init. / AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:53:46 on 11/06/2013 under Order No.9916853739_1 which expires on 01/03/2014, and is not for resale. User Notes: (1214658387) 9 The Architect shall maintain records relative to changes in the Work. The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion; receive from the Contractor and forward to the Owner, for the Owner’s review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor; and issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. The Architect’s inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. When the Work is found to be substantially complete, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents. Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. Said meeting shall occur at the facility during the eleventh (11th) month after the date of Substantial Completion. Additional Services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Additional Services only if specifically designated in the table below as the Architect’s responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. (Designate the Additional Services the Architect shall provide in the second column of the table below. In the third column indicate whether the service description is located in Section 4.2 or in an attached exhibit. If in an exhibit, identify the exhibit.) (Architect, Owner or Not Provided) (Section 4.2 below or in an exhibit attached to this document and identified below) Programming Architect See 4.2 below. Multiple preliminary designs Not Provided Measured drawings Not Provided Existing facilities surveys Not Provided Site Evaluation and Planning (B203™–2007) Not Provided Building information modeling Architect See 4.2 below. (Row deleted) Civil engineering Architect See 4.2 below. Landscape design Architect See 4.2 below. Architectural Interior Design (B252™–2007) Not Provided Value Analysis (B204™–2007) Not Provided Detailed cost estimating Not Provided On-site project representation Not Provided Conformed construction documents Not Provided As-Designed Record drawings Architect See 4.2 below. As-Constructed Record drawings Not Provided See 4.2 below. Attachment 2 Init. / AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:53:46 on 11/06/2013 under Order No.9916853739_1 which expires on 01/03/2014, and is not for resale. User Notes: (1214658387) 10 Post occupancy evaluation Not Provided Facility Support Services (B210™–2007) Not Provided Tenant-related services Not Provided Coordination of Owner’s consultants Not Provided Telecommunications/data design Not Provided Security Evaluation and Planning (B206™– 2007) Not Provided Commissioning (B211™–2007) Not Provided Extensive environmentally responsible design Not Provided LEED® Certification (B214™–2007) Not Provided Fast-track design services Not Provided Historic Preservation (B205™–2007) Not Provided Furniture, Furnishings, and Equipment Design (B253™–2007) Not Provided Topographic Survey Services Architect See 4.2 below. Tree Survey Services Architect See 4.2 below. Platting Services Architect See 4.2 below. Geotechnical Investigation Services Not Provided CM at Risk Procurement Assistance Architect See 4.2 below. Insert a description of each Additional Service designated in Section 4.1 as the Architect’s responsibility, if not further described in an exhibit attached to this document. Item 4.1.1 – Programming: The Architect shall provide programming services. Programming services shall include meetings to determine needs and a summary of spaces and sizes, detailed room data sheets and 3D diagrams for all spaces to be included in the building. Item 4.1.6 – Building Information Modeling: The Architect may, at their sole discretion, utilize BIM while fulfilling their scope of services. Item 4.1.7 –Civil Engineering Services: Services shall include Project Coordination, Site Grading, Site Drainage (including onsite detention), Water and Wastewater, Paving and Dimensional Control. Erosion Control design and details are included, but the Storm Water Pollution Prevention Plan (SWP3), including but not limited, to the Notice of lntent (NOI), project description, inspection forms, Notice of Termination (NOT), etc. are not included in this item. Such submittals shall be prepared by the contractor. Offsite design or capacity analysis (utilities, drainage, etc.) is not included. Item 4.1.8–Landscape and Irrigation Design: Services shall include preparing a landscape planting plan, complete with required details and notations, and an irrigation plan that responds to the proposed landscaping. Item 4.1.14 – As-Designed Record Drawings: The A/E team shall update the electronic files (BIM or CADD) prepared for bidding the project with regard to changes or clarifications necessitated during construction due to an error or omission by the design team as a part of Basic Services. Changes to the electronic files to match As-Built Drawings (which shall be provided by the General Contractor) shall be an additional service. Item 4.1.15 – As-Constructed Record drawings: Can be provided as an additional service. If selected, As- Constructed Record Drawings will be developed in BIM / CADD based upon the As-Built Drawings as provided by the General Contractor as part of their close-out documents submission. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the information as provided by the Contractor in the As-Built Drawings. On site verification of indicated changes is not included. The fee for this service shall be negotiated at the end of construction if this service is desired by the Owner. Item 4.1.28 – Topographic Survey Services: This service shall include preparing a topographic survey drawing of the areas where new facilities are proposed showing ground surface contours at an interval of one (1) foot supplemented by appropriate spot elevations accurate to 0.1 foot elevation in areas where new facilities are proposed and setting control points to be used by the Contractor for construction of the improvements. Attachment 2 Init. / AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:53:46 on 11/06/2013 under Order No.9916853739_1 which expires on 01/03/2014, and is not for resale. User Notes: (1214658387) 11 Item 4.1.29–Tree Survey & Tree Mitigation/Preservation Plan: Services shall include tying and identifying existing trees onsite as well as preparing a drawing showing the type and size of all existing trees, a tree management plan showing the location, size, and species of all trees to be removed and how the trees that are to be removed are to be mitigated. Item 4.1.30 – Preparation of Preliminary and Final Plat: This service shall include preparing and submitting 1"=60’ scale preliminary and final plats suitable for approval of this tract. Sales tax and plat fees are not included in the proposed fee. This task does not include record research. Record research is to be provided by the owner. If additional research is required to facilitate the plat, this work will be performed as an additional service. Item 4.1.32 – Construction Manager at Risk Procurement Assistance: The Architect shall assist the Owner with selecting a Construction Manager at Risk. This shall include assistance in developing the Request for Qualifications, review of submissions, interviews of submitters and final selection of a Contractor to provide Construction Manager at Risk Services. The fee for this service is included in the Basic Services Fee. Additional Services may be provided after execution of this Agreement, without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.3 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect’s schedule. Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following services until the Architect receives the Owner’s written authorization: Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, the Owner’s schedule or budget for Cost of the Work, or procurement or delivery method except pursuant to §1.3; Services necessitated by the Owner’s request for extensive environmentally responsible design alternatives, such as unique system designs, in-depth material research, energy modeling, or LEED® certification; Changing or editing previously prepared Instruments of Service necessitated by the enactment or revision of codes, laws or regulations or official interpretations; Services necessitated by decisions or any other failure of performance on the part of the Owner’s consultants or contractors; ITEM DELETED ITEM DELETED ITEM DELETED Preparation for, and attendance at a legal proceeding, except where the Architect is party thereto; ITEM DELETED Consultation concerning replacement of Work resulting from fire or other cause during construction; or Assistance to the Initial Decision Maker, if other than the Architect. To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If the Owner subsequently determines that all or parts of those services are not required, the Owner shall give prompt written notice to the Architect, and the Owner shall have no further obligation to compensate the Architect for those services: Reviewing a Contractor’s submittal out of sequence from the submittal schedule agreed to by the Architect; Responding to the Contractor’s requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner-provided information, Contractor-prepared coordination drawings, or prior Project correspondence or documentation; Attachment 2 Init. / AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:53:46 on 11/06/2013 under Order No.9916853739_1 which expires on 01/03/2014, and is not for resale. User Notes: (1214658387) 12 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor’s proposals and supporting data, or the preparation or revision of Instruments of Service unless such change is due to the fault of the Architect or Architect’s consultants; ITEM DELETED Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom; or The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: Two ( 2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor Twenty-four ( 24 ) visits to the site by the Architect over the duration of the Project during construction Two ( 2 ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents One ( 1 ) inspections for any portion of the Work to determine final completion If the services covered by this Agreement have not been completed within Twenty ( 20 ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect’s services beyond that time shall be compensated as Additional Services. Services provided by the Architect under Article 3.6 "Construction Phase Services" are based upon a twelve (12) month Construction Phase. Should the Architect be required to provide Construction Phase Services (other than Warranty Period Services) through no fault of the Architect or its subconsultants, beyond the above time period, the Architect, with prior approval of owner, shall be compensated in accordance with Article 11.3 for these Additional Services. Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner’s objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. The Owner shall establish and periodically update the Architect regarding the Owner’s budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner’s other costs; and, (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project’s scope and quality. The Owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project. The Owner shall render decisions and approve the Architect’s submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services. The Architect shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; location of previously designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths to the extent accessible. All the information on the survey shall be referenced to a Project benchmark. (Paragraph deleted) Unless specifically designated as the responsibility of the Architect, the Owner shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and Attachment 2 Init. / AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:53:46 on 11/06/2013 under Order No.9916853739_1 which expires on 01/03/2014, and is not for resale. User Notes: (1214658387) 13 resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect’s request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner’s consultants. The Owner may furnish the services of consultants other than those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided. The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interests. The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect’s Instruments of Service. Except as otherwise provided in this Agreement, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor and the Architect’s consultants through the Architect about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify the Architect of any direct communications that may affect the Architect’s services. Before executing the Contract for Construction, the Owner shall coordinate the Architect’s duties and responsibilities set forth in the Contract for Construction with the Architect’s services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect prior to or after bidding and shall include the contractors’ general conditions costs, overhead and profit. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights-of-way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner. The Owner’s budget for the Cost of the Work is may be adjusted throughout the Project as required under Sections 5.2 and 6.4. Evaluations of the Owner’s budget for the Cost of the Work represent the Architect’s judgment as a design professional. The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services. The Architect shall prepare, as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager’s inaccuracies or incompleteness in preparing cost estimates. The Architect may review the Construction Manager’s estimates solely for the Architect’s guidance in completion of its services, however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review. If, prior to the conclusion of the Design Development Phase, the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Architect, in consultation with the Attachment 2 Init. / AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:53:46 on 11/06/2013 under Order No.9916853739_1 which expires on 01/03/2014, and is not for resale. User Notes: (1214658387) 14 Construction Manager, shall make appropriate recommendations to the Owner to adjust the Project’s size, quality or budget, and the Owner may cooperate with the Architect in making such adjustments. If the estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner’s budget for the Cost of the Work, the Owner shall give written approval of an increase in the budget for the Cost of the Work; in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; terminate in accordance with Section 9.5; or implement any other mutually acceptable alternative Notwithstanding any provision herein to the contrary, this provision does not guarantee or authorize any automatic adjustment to the Cost of the Work, and the Owner’s decision on any adjustment shall be final. If the Owner chooses to proceed under Section 6.5.2, the Architect, as an Additional Service, shall incorporate the required modifications in the Construction Documents Phase as necessary to comply with the Owner’s budget for the Cost of the Work at the conclusion of the (Paragraphs deleted) Design Development Phase Services, or the budget as adjusted under Section 6.5.1. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. After incorporation of modifications under Section 6.6, the Architect shall, as an Additional Service, make any required revisions to the Drawings, Specifications or other documents necessitated by subsequent cost estimates that exceed the Owner’s budget for the Cost of the Work, except when the excess is due to changes initiated by the Architect in scope, basic systems, or the kinds and quality of materials, finishes or equipment. All materials, documents and ’Instruments of Service’ prepared or assembled by the Architect under this Agreement shall become the sole property of the Owner and shall be delivered to the Owner without restriction on future use. The Architect may retain in its files copies of all drawings, specifications and other pertinent information for the work. The Architect shall have no liability for changes made to any materials or other documents by others subsequent to the completion of this Agreement. Owner agrees that Architect and Architect’s consultants shall have no responsibility or liability for the Owner’s reuse of the Instruments of Service by the Owner, or anyone obtaining such documents from or through the Owner. ITEM DELETED ITEM DELETED ITEM DELETED ITEM DELETED The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. ITEM DELETED ITEM DELETED Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. Attachment 2 Init. / AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:53:46 on 11/06/2013 under Order No.9916853739_1 which expires on 01/03/2014, and is not for resale. User Notes: (1214658387) 15 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them first, informally and, second, by mediation. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. The parties shall have fifteen (15) days after receipt of a request for mediation to agree on a mediator. If the parties are unable to agree on a mediator within fifteen (15) days, each party shall have an additional five (5) days to designate a mediator. The two mediators so designated shall then designate a third unbiased mediator who shall be the mediator to conduct the mediation. The decision of the mediator shall be non- binding. The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box. If the Owner and Architect do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction.) [ ] Litigation in a court of competent jurisdiction (Paragraphs deleted) If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect’s option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give ten days’ written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect’s services. Before resuming services, the Architect shall be paid all sums due prior to suspension. If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect may be compensated for expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules may be equitably adjusted. If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than thirty days’ written notice. Either party may terminate this Agreement upon not less than thirty days’ written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. The Owner may terminate this Agreement upon not less than thirty days’ written notice to the Architect for the Owner’s convenience and without cause. In the event of termination that is not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due. ITEM DELETED Attachment 2 Init. / AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:53:46 on 11/06/2013 under Order No.9916853739_1 which expires on 01/03/2014, and is not for resale. User Notes: (1214658387) 16 The Owner’s rights to use the Architect’s Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 11.9. This Agreement shall be governed by the law of the State of Texas, and venue for any dispute shall be in any court of competent jurisdiction in Collin County, Texas. Terms in this Agreement shall have the same meaning as those in AIA Document A201–2007, General Conditions of the Contract for Construction. The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the prior written consent of the other. If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect’s promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect’s materials shall not include the Owner’s confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner’s promotional materials for the Project. If the Architect or Owner receives information specifically designated by the other party as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. For the Architect’s Basic Services described under Article 3, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation.) On the basis of nine percent (9.0%) of the total Cost of the Work as defined in Article 6. For Additional Services designated in Section 4.1, the Owner shall compensate the Architect as follows: Item Number Service Fee Item 4.1.1 Programming $ 10,000 Item 4.1.7 Civil Engineering Services $ 45,500 Item 4.1.8 Landscape Design Services $ 16,900 Attachment 2 Init. / AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:53:46 on 11/06/2013 under Order No.9916853739_1 which expires on 01/03/2014, and is not for resale. User Notes: (1214658387) 17 Item 4.1.28 Topographic Survey Services $ 8,450 Item 4.1.29 Tree Survey Services $ 2,600 Item 4.1.30 Platting Services $ 7,150 Total Additional Services $ 90,600 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation.) On a mutually agreeable stipulated sum; or failing this on an hourly basis at the Architect’s normal billing rates for each staff member performing the services. Compensation for Additional Services of the Architect’s consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus Thirty percent ( 30.00% ) Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work, the compensation for each phase of services shall be as follows: Schematic Design Phase Twenty percent ( 20 %) Design Development Phase Thirty percent ( 30 %) Construction Documents Phase Twenty-five percent ( 25 %) Bidding or Negotiation Phase Five percent ( 5 %) Construction Phase Twenty percent ( 20 %) Total Basic Compensation One hundred percent ( 100 %) When compensation is based on a percentage of the Cost of the Work and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 11.5 based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent estimate of the Cost of the Work for such portions of the Project. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. The hourly billing rates for services of the Architect and the Architect’s consultants, if any, are set forth below. (Paragraphs deleted) Employee or Category Rate Sr. Principal $250 Principal $200 Sr. Project Manager $150 Project Manager $125 Sr. Project Designer $150 Project Designer $125 Sr. Const. Administrator $135 Construction Administrator $75 Project Architect/Coordinator $110 Intern/CADD Operator 3 $90 Intern/CADD Operator 2 $80 Intern/CADD Operator 1 $70 Specification Writer $100 Clerical $65 Attachment 2 Init. / AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:53:46 on 11/06/2013 under Order No.9916853739_1 which expires on 01/03/2014, and is not for resale. User Notes: (1214658387) 18 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and the Architect’s consultants directly related to the Project, as follows: ITEM DELETED ITEM DELETED Fees paid for securing approval of authorities having jurisdiction over the Project; Printing, reproductions, plots, standard form documents; Postage, handling and delivery; Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; Renderings, models, mock-ups, professional photography, and presentation materials requested by the Owner; Architect’s Consultant’s expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Architect’s consultants; All taxes levied on professional services and on reimbursable expenses; Site office expenses; and Other similar Project-related expenditures. For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect’s consultants plus Ten percent ( 10.00% ) of the expenses incurred. (Paragraphs deleted) An initial payment of Zero Dollars and Zero Cents ($ 0.00 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner’s account in the final invoice. Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect’s invoice. Amounts unpaid Thirty ( 30 ) days after the invoice date shall bear interest (Paragraphs deleted) as calculated in accordance with the Texas Prompt Payment Act. The Owner shall not withhold amounts from the Architect’s compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a dispute resolution proceeding. Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. Special terms and conditions that modify this Agreement are as follows: Town of Prosper, Texas Architectural Services Agreement, including the following: All submittals for site plans, plats, engineering plans, façade plans, landscape plans, etc., shall comply with (1) the Town’s Annexation, Zoning, and Development Manual, which may be found online at http://www.prospertx.gov/tabid/728/Default.aspx ; (2) the Town’s Zoning and Subdivision Ordinances, as amended, and (3) applicable Building and other applicable Uniform Codes. Further, the plans shall include the construction of the necessary off-site driveway to provide access to Teel Parkway, per the attached conveyance plat, incorporated herein by reference. This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. Attachment 2 Attachment 2 To: Mayor and Town Council From: Chris Copple, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – November 12, 2013 Agenda Item: Consider and act upon authorizing the Town Manager to execute a Letter Agreement between TVG Texas I, LLC, and the Town of Prosper, related to the dedication and grading of the Teel Parkway Fire Station Site. Description of Agenda Item: On November 27, 2007, the Town Council approved a preannexation agreement to allow for the annexation of a 2,120.54 acre tract of land, currently known as Windsong Ranch, into the Town of Prosper. The preannexation agreement requires the developer, TVG Texas I, LLC, to dedicate up to 7 acres of property for public facilities at no cost to the Town, in a form reasonably approved by the Town. Town staff and the developer have coordinated to determine the location of a 2.736-acre site for the future Teel Parkway Fire Station, located on the west side of Teel Parkway, approximately 1,000 feet north of US 380. In order for the site to be appropriate for a fire station, the developer will be grading the property to remove the entire 2.736-acre site from the 100-year floodplain. On October 15, 2013, the Planning & Zoning Commission approved a conveyance plat dedicating the 2.736-acre site to the Town and the plat will be recorded at Collin County once the Letter Agreement is executed. The attached Letter Agreement requires the developer submit grading plans and a flood study to the Town no later than November 30, 2013. The developer is required to complete the grade work within 45 days after Town staff approval of the grading plans and flood study. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Letter Agreement as to form and legality. Attached Documents: 1. Letter Agreement 2. Locator Map 3. Conveyance Plat of Teel Parkway Fire Station Site Town Staff Recommendation: Town staff recommends the Town Council authorize the Town Manager to execute a Letter Agreement between TVG Texas I, LLC, and the Town of Prosper, related to the dedication and grading of the Teel Parkway Fire Station Site. Prosper is a place where everyone matters. PLANNING Item 9 Page 1 of 2 Proposed Motion: I move to authorize the Town Manager to execute a Letter Agreement between TVG Texas I, LLC, and the Town of Prosper, related to the dedication and grading of the Teel Parkway Fire Station Site. Item 9 Page 2 of 2 Item 9 Item 9 kj SF A M I M A SF R A O BP BC A C A CC C C A A A SF-10 C SF C C SF-10/12.5 A SF C CC A O/I A SF-10/12.5 C R CC R SF CC R CC SF-15 R/C/OSF-10 CC CC SF-15 R CC CC CC SF-10 R O SF-12.5 R R DTC R MF A MF A SF-10 SF-10 R/C/O CCC AA R C SF-15 C CC C SF-15 CC CC A C SF-15 CC SF-10 SF-15CC SF-15CC A SF-15 CC C SF-10 DTR C R SF-15 C SF-15A CC C CA CC A SF-10 SF-15 R A SF-10 A SF-15 A SF-15 SF-15 SF-15 SF-15 SF-15 SF-15 PD-40 PD-23 PD-40 PD-14 PD-8 PD-36 PD-41 PD-14 PD-14 PD-3 PD-13PD-42 PD-33 PD-48 PD-44 PD-3 PD-3 PD-43 PD-26 PD-12 PD-47 PD-48 PD-42 PD-47 PD-53 PD-8 PD-43 PD-51 PD-3 PD-14 PD-34 PD-35 PD-14 PD-14 PD-44 PD-14 PD-52 PD-60 PD-20 PD-19 PD-3 PD-14 T OW N O F P RO S P E RT OW N O F P RO S P E R ¶The Town of Prosper has prepared this map or information for internal purposes only. It is made available under the Public Information Act. Any reliance on this map or information is AT YOUR OWN RISK. The Town of Prosper assumes no liability for any errors, omissions, or inaccuracies in the map or information regardless of the cause of such or for any decision made, action taken, or action not taken in reliance upon any maps or information provided herein. The Town of Prosper makes no warranty, representation, or guarantee of any kind regarding any maps or information provided herein or the sources of such maps or information and DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED AND IMPLIED, including the implied warranties of merchantability and fitness for a particular purpose. DISCLAIMER PARVIN RD PARVIN RD FRONTIER PKWY PROSPER RD PROSPER TRAIL FISHTRAP RD FISHTRAP RD W UNIVERSITY DR W UNIVERSITY DRDALLAS PKWYLEGACY DRTEEL PKWYGOOD HOPE RDGEE RDFM 1385FM 1385Prepared 11/4/13 0 2,500 5,0001,250 Feet Teel Parkway Fire Station Site Legend kj Teel Fire Station Item 9 Block A Lot 1 358.6'TEEL PARKWAYPOINT OF BEGINNING MIN. F.F.E. = 586.5' Line Table H TRO N LOCATION MAP 1" = 1000' ¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬&219(<$1&(3/$7¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬ TEEL PARKWAY FIRE STATION BLOCK A, LOT 1 C. SMITH SURVEY ~ ABSTRACT NO. 1681 TOWN OF PROSPER, DENTON COUNTY, TEXAS 3.017 Acres TVG TEXAS I, LLC 740 East Campbell Road, Suite 515 Richardson, Texas 75081 Telephone (972) 238-7410 Contact: David Blom LEGEND 1/2" IRON ROD WITH YELLOW CAP STAMPED "SPIARSENG" SET, UNLESS OTHERWISE NOTED IRON ROD FOUND CAPPED IRON ROD FOUND IRON PIPE FOUND ALUMINUM MONUMENT FOUND CONTROL MONUMENT DRAINAGE EASEMENT DRAINAGE AND UTILITY EASEMENT UTILITY EASEMENT WATER EASEMENT SANITARY SEWER EASEMENT SIDEWALK EASEMENT STREET EASEMENT FIRELANE, ACCESS, & UTILITY EASEMENT WASTE WATER EASEMENT WALL MAINTENANCE EASEMENT HIKE & BIKE TRAIL EASEMENT BY THIS PLAT RIGHT-OF-WAY MINIMUM FINISH FLOOR ELEVATION BUILDING LINE STREET NAME CHANGE Ȣ CENTERLINE BLOCK DESIGNATION FEDERAL EMERGENCY MANAGEMENT AGENCY FLOOD INSURANCE RATE MAP NOT TO SCALE DEED RECORDS, DENTON COUNTY, TEXAS PLAT RECORDS, DENTON COUNTY, TEXAS OFFICIAL PUBLIC RECORDS, DENTON COUNTY, TEXAS Spiars Engineering, Inc. 765 Custer Road, Suite 100 Plano, TX 75075 Telephone: (972) 422-0077 TBPE No. F-2121 Contact: Matt Dorsett PROJECT LOCATION Item 9 Page 1 of 1 To: Mayor and Town Council From: Kent R. Austin, Finance Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – November 12, 2013 Agenda Item: Consider and act upon a resolution expressing official intent to reimburse costs that may be incurred for Town capital expenditures in connection with the design and construction of a fire station from proceeds of bonds issued subsequent to paying such costs. Description of Agenda Item: The attached resolution allows the Town to pay for new fire station costs from existing funds now and be reimbursed later when bonds are sold. The total budget for this project is $3,472,000. The negotiated fee for basic services is 9% of the total cost of work, plus reimbursable expenses. Proposition 3 (2011) authorized $3,850,000 for public safety facilities. The bonds are authorized but not yet issued. The reimbursement resolution references the entire $3,850,000. Budget Impact: The reimbursement resolution itself has no budget impact; repayment of the expenditures will be included in the debt service portion of the tax rate after the bonds are issued. Initial funding of the design work will come from fund balance in the General Fund. Legal Obligations and Review: Dan Culver of McCall, Parkhurst and Horton, the Town’s bond counsel, prepared the Resolution. Attached Documents: 1. Resolution Town Staff Recommendation: Town staff recommends the Town Council approve the reimbursement resolution. Recommended Motion: I move to approve the resolution expressing official intent to reimburse costs that may be incurred for Town capital expenditures in connection with the design and construction of a fire station from proceeds of bonds issued subsequent to paying such costs. Prosper is a place where everyone matters. FINANCE Item 10 TOWN OF PROSPER, TEXAS RESOLUTION NO. 13-__ RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE COSTS OF A FIRE STATION CONSTRUCTION PROJECT. WHEREAS, the Town of Prosper, Texas (the "Issuer") is a duly created governmental body of the State of Texas; and WHEREAS, the Issuer expects to pay, or have paid on its behalf, expenditures in connection with the design, planning, acquisition and construction of a fire station in the Issuer (the "Project") prior to the issuance of tax-exempt obligations, tax-credit obligations and/or obligations for which a prior expression of intent to finance or refinance is required by Federal or state law (collectively and individually, the "Obligations") to finance the Project; and WHEREAS, the Issuer finds, considers, and declares that the reimbursement for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention to reimburse itself for such payments at such time as it issues Obligations to finance the Project. THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE ISSUER THAT: SECTION 1 The Issuer reasonably expects to incur debt, as one or more series of Obligations, with an aggregate maximum principal amount equal to $3,850,000 for the purpose of paying the costs of the Project. SECTION 2 All costs to be reimbursed pursuant hereto will be capital expenditures. No Obligations will be issued by the Issuer in furtherance of this Statement after a date which is later than 18 months after the later of (1) the date the expenditures are paid, or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. SECTION 3 The foregoing notwithstanding, no Obligation will be issued pursuant to this Statement more than three years after the date any expenditure which is to be reimbursed is paid. SECTION 4 The foregoing Sections 2 and 3 notwithstanding, all costs to be reimbursed with qualified tax credit obligations shall not be paid prior to the date hereof and no tax credit obligations shall be issued after 18 months of the date the original expenditure is made. SECTION 5 To evidence the adoption of this Resolution on this the 12th day of November, 2013, by the Town Council of the Issuer, the signatures of the Town Secretary and Mayor are set forth below. Item 10 Resolution No. 13-___, Page 2 DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THIS 12TH DAY OF NOVEMBER, 2013. _________________________________ Ray Smith, Mayor ATTEST: ___________________________________ Robyn Battle, Town Secretary Item 10