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09.08.2015 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 recent and upcoming events. 4. Proclamations  Presentation of a Proclamation to members of the Leukemia & Lymphoma Society declaring September 2015 as Leukemia, Lymphoma & Myeloma Awareness Month. (RB) 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 meetings. (RB)  Work Session – August 24, 2015  Regular Meeting – August 25, 2015 5b. Consider and act upon authorizing the Town Manager to execute a Professional Materials Inspection and Testing Services Agreement between Alliance Geotechnical Group, Inc., and the Town of Prosper, Texas, related to the Prosper Fire Station No. 2 project. (RT) 5c. Consider and act upon authorizing the Town Manager to execute a Memorandum of Understanding regarding development of a Regional Capacity, Management, Operations, and Maintenance (CMOM) Program. (FJ) 5d. 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. (AG) 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.) AGENDA Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, September 8, 2015 6:00 p.m. Page 2 of 4 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 amend the Future Land Use Plan, located on the northwest corner of Prosper Trail and future Shawnee Trail, from Medium Density Residential to Dallas North Tollway District. The property is zoned Single Family-15 (SF-15) and Commercial Corridor (CC). (CA15-0002). [Companion Case Z14-0005] (JW) 8. Conduct a Public Hearing, and consider and act upon a request to rezone 67.7± acres, located on the northwest corner of Prosper Trail and Dallas Parkway, from Single Family-15 (SF-15) and Commercial Corridor (CC) to Planned Development-Single Family/Office/Retail (PD-SF/O/R). (Z14-0005). [Companion case CA15-0002] (JW) 9. Conduct a Public Hearing, and consider and act upon an amendment to Planned Development-38 (PD-38), on 83.6± acres, located on the northeast corner of US 380 and Coit Road. (Z15-0008). (JW) 10. Conduct a Public Hearing to consider and discuss the FY 2015-2016 Budget, as proposed. (HJ) 11. Conduct a Public Hearing to consider and discuss a proposal to increase total tax revenues from properties on the tax roll in the preceding tax year by 8.20 percent. (HJ) DEPARTMENT ITEMS: 12. Library Services Department update. (LS) 13. Consider and act upon authorizing the Mayor to execute an Interlocal Agreement between the Town of Prosper, Texas, and the Town of Little Elm, Texas, related to drainage and water detention issues in the Doe Branch Watershed. (HW) 14. Consider and act upon an ordinance amending Section 3.13.070 “Storage” of Division 3 “Drainage and Flood Control” of Article 3.13 “Floods and Drainage” of Chapter 3 “Building Regulations” of the Town’s Code of Ordinances by adding a new subsection (h) entitled “Special Requirements for Water Detention in the Doe Branch Creek Watershed.” (HW) 15. Consider and act upon a resolution approving the Parks, Recreation, and Open Space Master Plan. (PN) Page 3 of 4 16. Consider and act upon an ordinance amending Article 3.19, “Fence Regulations” of Chapter 3 of the Town’s Code of Ordinances, by amending and establishing standards for fences and low walls in the required front yards of residential districts or residential lots and establishing provisions for Town Council consideration of alternate fence materials. (MD15-0002). (JW) 17. Discussion on Town Hall/Multi-Purpose Facility. (HW) 18. Consider and act upon authorizing the Town Manager to execute a Standard Form of Agreement between the Town and Pogue Construction Co., L.P., related to Construction Manager-At-Risk services for Town of Prosper Town Hall/Multi-Purpose Facility; an Addendum to the Standard Form of Agreement between the Town and the Construction Manager-At-Risk; and an Addendum to the General Conditions of the Contract for Construction. (JC) 19. Consider and act upon authorizing the Town Manager to execute a Professional Engineering Services Agreement between the Town of Prosper, Texas, and Teague Nall and Perkins, Inc., related to the Town Hall Offsite Infrastructure Project. (MR) 20. 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: 20a. Section 551.087 – To discuss and consider economic development incentives. 20b. 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. 20c. Section 551.074 – To discuss appointments to the Board of Adjustment/Construction Board of Appeals, Parks & Recreation Board, Library Board, Prosper Economic Development Corporation Board, and Planning & Zoning Commission. 21. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. 22. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.  TIRZ No. 1 and TIRZ No. 2 Board of Directors (HJ)  Pumpkin Fest at Frontier Park (HW) 23. Adjourn. Page 4 of 4 CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall, located at 121 W. Broadway Street, Prosper, Texas 75078, a place convenient and readily accessible to the general public at all times, and said Notice was posted on September 4, 2015, by 5:00 p.m., and remained so posted at least 72 hours before said meeting was convened. _______________________________ _________________________ Robyn Battle, Town Secretary Date Noticed Removed Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult in closed session with its attorney and to receive legal advice regarding any item listed on this agenda. NOTICE Pursuant to Town of Prosper Ordinance No. 13-63, 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. For special services or assistance, please contact the Town Secretary’s Office at (972) 569-1011 at least 48 hours prior to the meeting time. Page 1 of 3 ] Prosper is a place where everyone matters. 1. Call to Order/Roll Call. The meeting was called to order at 6:02 p.m. Council Members Present: Mayor Ray Smith Mayor Pro-Tem Meigs Miller Deputy Mayor Pro-Tem Curry Vogelsang, Jr. Councilmember Kenneth Dugger (arrived at 7:34 p.m.) Councilmember Michael Korbuly (arrived at 7:43 p.m. Councilmember Mike Davis Councilmember Jason Dixon Staff Members Present: Harlan Jefferson, Town Manager Robyn Battle, Town Secretary Hulon Webb, Executive Director of Development and Community Services John Webb, Development Services Director Alex Glushko, Senior Planner Frank Jaromin, Public Works Director Cheryl Davenport, Finance Director January Cook, Purchasing Agent Ronnie Tucker, Fire Chief Stuart Blasingame, Assistant Fire Chief Doug Kowalski, Police Chief Gary McHone, Assistant Police Chief 2. Discuss August 25, 2015, Regular Meeting Agenda Items. Town Manager Harlan Jefferson presented information on the FY 2015-2016 Proposed Budget. The Town is in a high-growth period, which necessitates accelerated infrastructure development. He reviewed the Capital Improvement Plan (CIP), including recently completed projects, and projects that are scheduled for implementation over the next ten years. Mr. Jefferson discussed population projections and the effect on residential development and the increased demand for services. This leads to increased demand for staff, capital projects which require more capital debt and an increase in annual debt service. These combined factors require more property tax revenue in order to support an expanded tax base, otherwise known as the high growth dynamic. The Proposed Budget does not reflect an increase in the tax rate, water, sewer, solid waste, or storm drainage fee increases. The primary focus of the FY 2015-2016 budget is on public safety, streets, and parks. The budget components include the base budget, non-discretionary supplemental requests, and discretionary supplemental requests. MINUTES Town Council Work Session Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Monday, August 24, 2015 Item 5a Page 2 of 3 Some of these requests were cut from the budget, but the information is included in the budget document for reference. Mr. Jefferson provided an overview of the various Town funds’ revenues and appropriations, the proposed new positions in the budget, and some of the major program enhancements for FY 2015-2016. Town staff responded to questions related to the proposed new positions, as well as some other specific components of the Proposed Budget, including some one-time versus ongoing costs. The Town Council also discussed perhaps reprioritizing some projects on the Capital Improvement Plan, and including funding for community events. The Town Manager reviewed the Town’s taxable values, the history of home values in Prosper, the property tax rate history, and the tax rate comparison related to surrounding cities and towns. He also provided a breakdown of the effect of the proposed tax rate on the average homeowner. After a review of the Water & Sewer Fund revenue and appropriations, Mr. Jefferson provided an overview of long-term issues for the Town such as the compensation plan and facilities plan. Purchasing Agent January Cook reviewed the Vehicle and Equipment Replacement Fund (VERF) recommendations for the FY 2015-2016 Proposed Budget, and the vetting process used to determine which of the Town’s equipment and vehicles should be repaired or replaced. Hulon Webb, Executive Director of Development and Community Services, provided an update on the Capital Improvement Plan, including streets, parks, facilities, water, wastewater, and drainage projects. Councilmember Dugger arrived at the meeting at 7:34 p.m. and took his place at the Council bench. Councilmember Korbuly arrived at the meeting at 7:43 p.m. and took his place at the Council bench. Mr. Webb responded to questions and feedback from the Town Council on CIP projects, and then provided a 5-year CIP analysis. Mr. Jefferson announced that the second Public Hearing on the budget and proposed tax rate will be held on September 8, 2015, and the Town Council is scheduled to vote on the budget and the tax rate on September 22, 2015. The 2015-2016 fiscal year will begin on October 1, 2015. Development Services Director John Webb then began a discussion on a proposed update to the Town’s Zoning Ordinance and Building Regulations as they relate to residential development standards. Town staff has initiated twelve areas that encompass the proposed amendments. He reviewed each component with the Town Council and received feedback on each, which will be incorporated into a proposed ordinance at a future Town Council meeting. Item 5a Page 3 of 3 3. 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: 3a. Section 551.087 – To discuss and consider economic development incentives. 3b. 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. 3c. Section 551.074 – To discuss appointments to the Board of Adjustment/Construction Board of Appeals, Parks & Recreation Board, Library Board, Prosper Economic Development Corporation Board, and Planning & Zoning Commission. The Executive Session was not held. 4. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. 5. Adjourn. The meeting was adjourned at 8:53 p.m. These minutes approved on the 8th day of September, 2015. APPROVED: Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary Item 5a Page 1 of 9 ] Prosper is a place where everyone matters. 1. Call to Order/Roll Call. The meeting was called to order at 6:05 p.m. Council Members Present: Mayor Ray Smith Mayor Pro-Tem Meigs Miller Deputy Mayor Pro-Tem Curry Vogelsang, Jr. Councilmember Kenneth Dugger Councilmember Michael Korbuly Councilmember Mike Davis Councilmember Jason Dixon Staff Members Present: Harlan Jefferson, Town Manager Robyn Battle, Town Secretary Terrence Welch, Town Attorney Hulon Webb, Executive Director of Development and Community Services John Webb, Development Services Director Alex Glushko, Senior Planner Jonathan Hubbard, Planner Matt Richardson, Senior Engineer Paul Naughton, Landscape Architect Matt Furr, Parks Superintendent Frank Jaromin, Public Works Director Cheryl Davenport, Finance Director January Cook, Purchasing Agent Baby Raley, Human Resources Director Doug Kowalski, Police Chief Gary McHone, Assistant Police Chief 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Pastor Jim Lugar of Life Journey Church led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. 3. Announcements of recent and upcoming events. Councilmember Dugger read the following announcements: This afternoon, the Town held a swearing-in ceremony to promote Police Officer Barrett Morris to the rank of Sergeant. Sergeant Morris has been with the Prosper Police MINUTES Regular Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, August 25, 2015 Item 5a Page 2 of 9 Department for six years. Congratulations to Sergeant Morris, and thank you for your service. Registration is open for several Parks & Recreation Programs including soccer, archery, and Stroller Strides for moms with small children, adult fitness classes, and much more. Visit the Town of Prosper website for more information on how to register. Several local youth sports leagues are also open for registration. The public is invited to attend the Groundbreaking Ceremony for Fire Station No. 2 on August 26 at 8:00 a.m. at the fire station site, located at 1140 S. Teel Parkway. The new station will have a dramatic effect on the responsiveness of fire and emergency personnel on a large portion of Prosper, and is scheduled to be in operation in late summer of 2016. Dove hunting season officially opens on September 1. The Town of Prosper has an ordinance that addresses the discharge of firearms within Town limits. The Prosper Police Department urges residents to check the Town website or contact the Police Department for hunting restrictions to help residents and hunters have a save hunting season. The Annual Prosper Community Picnic will take place on Saturday, September 12 from 4:00 p.m. to 7:00 p.m. Free hot dogs, soft drinks and water will be served by members of the Town Council from 5:00 p.m. to 6:00 p.m. Families can enjoy music, food and drinks, an inflatable slide, bounce houses, rides, games, attractions, and an obstacle course for kids. Contact the Parks & Recreation Department for more information. 4. Presentations  Presentations to Chanie Smith and William Smith as Junior Police Officers for the Day. (DK) Mayor Smith, Councilmember Dugger, Chief Kowalski, and Assistant Chief McHone presented certificates to Chanie Smith and William Smith. 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 – August 11, 2015 5b. Receive the July 2015 Financial Report. (CD) 5c. Consider and act upon adopting the FY 2015-2016 Prosper Economic Development Corporation budget. (RW) 5d. Consider and act 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 Item 5a Page 3 of 9 Ordinance, regarding action taken by the Planning & Zoning Commission on any site plan or preliminary site plan. (AG) Councilmember Dugger made a motion and Mayor Pro-Tem Miller seconded the motion to approve all items on the Consent Agenda. The motion was approved by a vote of 7-0. 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.) Wayne Bartley, 721 Shadow Hill, Prosper, spoke on behalf of Cornerstone North Central Texas and their recent activities. Over the past month, Cornerstone NCT has distributed backpacks, schools supplies, and school clothes to local children. He also spoke about North Texas Giving Day on September 17, and Serve Prosper, an event on September 19 to assist local homeowners with home repairs, home maintenance, and other community clean-up activities. The Cornerstone golf tournament on October 19 and Cornerstone Christmas on December 13 are other activities that will take place in the next few months. More information about these events and volunteer opportunities can be found at www.cornerstonenct.org. 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 amend Chapter 2, Zoning Districts and Chapter 4, Development Requirements of the Zoning Ordinance regarding Alternating Single Family Plan Elevations, Exterior Residential Masonry Construction, Impervious Coverage of Residential Front Yards, Single Family Corner Lot Landscaping, Residential Garage Standards, Residential Driveway Standards, Carports and Size of Garages; and amend Chapter 3, Building Regulations of the Code of Ordinances regarding residential fences and exterior masonry construction. (Z15-0005). (JW) John Webb, Director of Development Services, presented this item before the Town Council. At the direction of the Town Council, Town staff is initiating several proposed amendments to the Zoning Ordinance and the Building Regulations regarding various residential development standards. Mr. Webb reviewed the twelve areas that encompass the proposed amendments. Mayor Smith opened the Public Hearing. Item 5a Page 4 of 9 Michael Jobe, 801 Blue Ridge Drive, Prosper, did not wish to speak, but submitted a Public Meeting Appearance Card in opposition to the proposed amendments. David Lehde, 5816 W. Plano Parkway, Plano, spoke on behalf of the Dallas Homebuilders Association. Mr. Lehde made several comments on the proposed amendments, specifically related to masonry, driveway, and garage standards. He presented a PowerPoint presentation with photographs of sample homes that include the standards that he recommended, some of which would not be permitted by the proposed standards. Clint Richardson, 10950 Research Road, Frisco, spoke in opposition to the proposed amendments on behalf of the Prosper Developers Council, particularly as they related to landscaping, fencing and screening requirements. He also made suggestions related to the plat approval process. David Blom, 1641 Summer Star, Prosper, expressed concern over the proposed chimney requirements, fencing requirements, and minimum garage size. With no one else speaking, Mayor Smith closed the Public Hearing. The Town Council asked Mr. Richardson more detailed questions related to the platting process. The Town Council made comments and recommendations for each of the twelve proposed amendments: Item 1, Anti-Monotony: Council agreed with staff’s recommendations. Item 2, Masonry Requirements: Council agreed with staff’s recommendations; however, they asked that the ordinance include an option for the use of alternative exterior materials. Item 3, Impervious Coverage of Front Yards: Council agreed with staff’s recommendations. Item 4, Corner Lot Landscaping: Council asked that the amendment be changed to require one four-inch caliper tree in the side yard of a corner lot. Additional changes to landscaping requirements may be brought back for additional Council consideration at a future meeting. Item 5, Garage Standards: Council agreed with staff’s recommendations; however, they asked that the ordinance remove the proposed amendment requiring garage doors that directly face the street to be located a minimum of five feet behind the main front façade of the house. Item 6, Driveway Standards: Council asked that this amendment be omitted entirely. Item 7, Chimneys: Council agreed with staff’s recommendations; however, they asked that the ordinance include an option for the use of alternative exterior material, if an alternative exterior material is already being utilized on the exterior of the home. Item 8, Carports: Council agreed with staff’s recommendations. Item 5a Page 5 of 9 Item 9, Fencing Standards: Council agreed with staff’s recommendations; however, they asked that the ordinance state that all fences should be board-on-board if they face the street. Item 10, Fencing Adjacent to Hike & Bike Trails: Council agreed with staff’s recommendations. Item 11, Corner Lot Fencing: Council asked that this recommendation be omitted entirely. Item 12, Increase Size of Two-Car Garages: Council asked that the ordinance be amended to include a minimum total area of enclosed garage space of 400 square feet. Mr. Webb stated that Town staff will schedule a Public Hearing, and incorporate the Town Council’s recommendations into a proposed ordinance that will be submitted for Council’s consideration at a future meeting. After discussion, Councilmember Vogelsang made a motion and Councilmember Dixon seconded the motion to approve the request to amend Chapter 2, Zoning Districts and Chapter 4, Development Requirements of the Zoning Ordinance regarding Alternating Single Family Plan Elevations, Exterior Residential Masonry Construction, Impervious Coverage of Residential Front Yards, Single Family Corner Lot Landscaping, Residential Garage Standards, Carports and Size of Garages; and amend Chapter 3, Building Regulations of the Code of Ordinances regarding residential fences and exterior masonry construction with amendments as presented tonight. The motion was approved by a vote of 7-0. Mayor Smith opened Items 8 and 9 concurrently. 8. Conduct a Public Hearing, and consider and act upon a request to amend the Future Land Use Plan, located on the northwest corner of Prosper Trail and future Shawnee Trail, from Medium Density Residential to Dallas North Tollway District. The property is zoned Single Family-15 (SF-15) and Commercial Corridor (CC). (CA15-0002). [Companion Case Z14-0005] (JW) Development Services Director John Webb presented Items 8 and 9 to the Town Council. The applicant has requested that both items be tabled to the September 8, 2015, Town Council meeting to allow more time to address Council’s concerns. Councilmember Korbuly made a motion and Councilmember Dugger seconded the motion to table Items 8 and 9 to the September 8, 2015, Town Council meeting. The motion was approved by a vote of 7-0. 9. Conduct a Public Hearing, and consider and act upon a request to rezone 67.7± acres, located on the northwest corner of Prosper Trail and Dallas Parkway, from Single Family-15 (SF-15) and Commercial Corridor (CC) to Planned Development- Single Family/Office/Retail (PD-SF/O/R). (Z14-0005). [Companion case CA15-0002] (JW) Item 5a Page 6 of 9 10. Conduct a Public Hearing to consider and discuss the FY 2015-2016 Budget, as proposed. (HJ) Mayor Smith opened Items 10 and 11 concurrently. Mayor Smith read the following statement related to Item 11: This is the first of two public hearings to discuss the FY 2015-2016 proposed tax rate. The second Public Hearing will be held on September 8, 2015, at 6:00 p.m., at the Prosper Municipal Chambers located at 108 W. Broadway, Prosper, Texas. The Town Council will vote on both the FY 2015-2016 Proposed Budget and the proposed tax rate at a meeting scheduled on September 22, 2015, at 6:00 p.m., located at the Town of Prosper Municipal Chambers at 108 W. Broadway, Prosper TX. Once the Public Hearing is opened, the public is encouraged to express their views. Town Manager Harlan Jefferson presented information on the FY 2015-2016 Proposed Budget. The Town is in a high-growth period, which necessitates accelerated infrastructure development. He reviewed the Capital Improvement Plan (CIP), including recently completed projects, and projects that are scheduled for implementation over the next ten years. Mr. Jefferson discussed population projections and the effect on residential development and the increase in building permits and demand for services. This leads to increased demand for staff, capital projects which require more capital debt and an increase in annual debt service. These combined factors require more property tax revenue in order to support an expanded tax base, otherwise known as the high growth dynamic. The proposed budget does not reflect an increase in the tax rate, water, sewer, solid waste, or storm drainage fee increases. The primary focus of the FY 2015-2016 budget is on public safety, streets, and parks. The budget components include the base budget, non-discretionary supplemental requests, and discretionary supplemental requests. Some of these requests were cut from the budget, but the information is included in the budget document for reference. Mr. Jefferson provided an overview of the various Town funds’ revenues and appropriations, the proposed new positions in the budget, and some of the major program enhancements for FY 2015-2016 in public safety, streets, and parks. The Town Manager reviewed the Town’s taxable values, the property tax rate history, and the tax rate comparison related to surrounding cities and towns. He also provided a breakdown of the effect of the proposed tax rate, effective tax rate, and rollback tax rate on the average homeowner. After a review of the Water & Sewer Fund revenue and appropriations, Mr. Jefferson provided an overview of long-term issues for the Town such as the compensation plan and facilities plan. He provided an overview of the Vehicle and Equipment Replacement Fund (VERF) recommendations for the FY 2015-2016 Proposed Budget, and the vetting process used to determine which of the Town’s equipment and vehicles should be repaired or replaced. Hulon Webb, Executive Director of Development and Community Services, provided an update on the Capital Improvement Plan, including streets, parks, facilities, water, wastewater, and drainage projects. Mr. Webb responded to questions and feedback from the Town Council on specific CIP projects. Item 5a Page 7 of 9 Mayor Smith opened the Public Hearings for Items 10 and 11 concurrently. With no one speaking, Mayor Smith closed the Public Hearings for Items 10 and 11. 11. Conduct a Public Hearing to consider and discuss a proposal to increase total tax revenues from properties on the tax roll in the preceding tax year by 8.20 percent. (HJ) DEPARTMENT ITEMS: 12. Update on the Parks, Recreation and Open Space Master Plan. (PN) Landscape Architect Paul Naughton introduced Philip Neely of Dunaway Associates who presented an update on the Master Plan. Mr. Neely and his colleagues will present the Master Plan to the Parks, Recreation and Open Space Master Plan Advisory Committee on August 26, and to the Parks and Recreation Board on September 3. The Plan will be submitted to the Council for adoption at the September 8, 2015, Town Council meeting. Once the plan has been adopted, the Town will be eligible to apply for specific parks grant opportunities. Town staff responded to questions from the Town Council related to the design and construction of Frontier Park, which is estimated to take approximately eighteen months to two years. No further action was taken. 13. Consider and act upon authorizing the Town Manager to execute a Facility Utilization Agreement between the Town of Prosper, Texas, and Prosper Youth Sports Commission (PYSC), related to use of the Town’s facilities. (MF) Parks Superintendent Matt Furr presented this item before the Town Council. Mayor Pro-Tem Miller stepped away from the Council bench. This item was tabled at the August 11, 2015, Town Council meeting to allow staff to amend the insurance requirements in the agreement at the request of the Town Council. The agreement with the Prosper Youth Sports Commission gives PYSC leagues priority use of the Town’s fields and incorporates applicable components of the agreement into its previously approved bylaws. Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion to authorize the Town Manager to execute a Facility Utilization Agreement between the Town of Prosper, Texas, and Prosper Youth Sports Commission, related to use of the Town’s facilities. The motion was approved by a vote of 6-1. Mayor Pro-Tem Miller returned to his place at the Council bench. 14. Consider and act upon authorizing the Town Manager to execute a Water Impact Fees Reimbursement Agreement between TVG Texas I, LLC, and the Town of Prosper, Texas, related to the extension of water lines to serve the Windsong Ranch development. (HW) Hulon Webb, Executive Director of Development and Community Services, presented this item before the Town Council. TVG Texas I, LLC, is developing Windsong Ranch, and in order to facilitate the development, they are required to extend several water lines as depicted on the Town of Prosper Water System Capital Improvement Plan. The Item 5a Page 8 of 9 proposed agreement outlines the obligations of the Town of Prosper and TVG Texas I, LLC, related to the design, construction, and reimbursement of collected water impact fees to fund the projects. Mayor Pro-Tem Miller made a motion and Councilmember Dugger seconded the motion to authorize the Town Manager to execute a Water Impact Fees Reimbursement Agreement between TVG Texas I, LLC, and the Town of Prosper, Texas, related to the extension of water lines to serve the Windsong Ranch development. The motion was approved by a vote of 7-0. 15. 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: 15a. Section 551.087 – To discuss and consider economic development incentives. 15b. 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. 15c. Section 551.071 – Consultation with Town Attorney regarding legal issues associated with Article 1.10 of Chapter 1 of the Code of Ordinances, and all matters incident and related thereto. 15d. Section 551.071 – Consultation with Town Attorney regarding legal issues associated with proposed extraterritorial jurisdiction release, and all matters incident and related thereto. 15e. Section 551.074 – To discuss appointments to the Board of Adjustment/Construction Board of Appeals, Parks & Recreation Board, Library Board, Prosper Economic Development Corporation Board, and Planning & Zoning Commission. The Town Council recessed into Executive Session at 8:29 p.m. 16. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Town Council reconvened the Regular Session at 9:50 p.m. No action was taken as a result of Executive Session. 17. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.  Downtown Enhancements (MR) Senior Engineer Matt Richardson provided an update to the Town Council on the Downtown Enhancements project, and the Town Council discussed the various options presented. This item will be brought forward for further Town Council discussion and action at a future meeting. Item 5a Page 9 of 9  CIP Projects (HW)  Town Hall/Multi-Purpose Facility Hulon Webb provided an update to the Town Council on the Town Hall/Multi- Purpose Facility project, and the Town Council discussed various options. This item will be brought forward for further Town Council discussion and action at a future meeting.  SH 289 Median Landscaping Hulon Webb provided a brief update on the SH 289 Median Landscaping project, specifically related to the cost and timeline for installing sod and hydromulch. 18. Adjourn. The meeting was adjourned at 10:33 p.m. These minutes approved on the 8th day of September, 2015. APPROVED: Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary Item 5a Page 1 of 2 To: Mayor and Town Council From: Ronnie Tucker, Fire Chief Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 8, 2015 Agenda Item: Consider and act upon authorizing the Town Manager to execute a Professional Materials Inspection and Testing Services Agreement between Alliance Geotechnical Group, Inc., and the Town of Prosper, Texas, related to the Prosper Fire Station No. 2 project. Description of Agenda Item: The Town requested Statements of Qualifications (SOQ) from qualified firms, to provide professional materials inspection and testing services, relating to the construction of Prosper Fire Station No. 2. The Town received four responses by the due date and time. Firms were required to submit information, in order to facilitate evaluation based on the following criteria: 1. project understanding; 2. team members; 3. similar experience; and 4. references. The evaluation committee was comprised of three staff members. The evaluation committee scored each submittal in accordance with the evaluation criteria as stated above, to determine the total points for each firm. After completion of the evaluations, it is the recommendation of staff to award the contract to Alliance Geotechnical Group, Inc., the most highly qualified firm. The estimated expenditure is $43,000. However, actual costs will be based on a per test fee, as reflected in the Fee Schedule included in the Agreement. The agreement includes testing and inspection services for earthwork mass grading, piers, structural concrete, concrete paving/sidewalks, utility backfill, lime sub-grade, masonry, and structural steel. Budget Impact: The total cost for the Windsong Ranch Fire Station is currently $7.5 million. Funding for this agreement is included in the project budget. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and legality. Prosper is a place where everyone matters. FIRE DEPARTMENT Item 5b Page 2 of 2 Attached Documents: 1. SOQ Summary 2. Professional Materials Inspection and Testing Services Agreement Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Professional Materials Inspection and Testing Services Agreement between Alliance Geotechnical Group, Inc., and the Town of Prosper, Texas, related to the Prosper Fire Station No. 2 project. Proposed Motion: I move to authorize the Town Manager to execute a Professional Materials Inspection and Testing Services Agreement between Alliance Geotechnical Group, Inc., and the Town of Prosper, Texas, related to the Prosper Fire Station No. 2 project. Item 5b SOQ No. 2015-46-B EVALUATION MATRIX Evaluation Criteria Weighting POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE Project Understanding 35%5.00 1.75 5.00 1.75 4.00 1.40 3.00 1.05 3.00 1.05 Team Members 15%4.50 0.68 5.00 0.75 3.00 0.45 3.00 0.45 4.50 0.68 Similar Experience 35%5.00 1.75 4.00 1.40 4.00 1.40 3.00 1.05 2.00 0.70 References 15%8.00 1.20 8.00 1.20 8.00 1.20 8.00 1.20 8.00 1.20 TOTAL 100% 5.38 5.10 4.45 3.75 3.63 Tolunay-Wong Engineers, Inc. Materials Testing Services for Fire Station No. 2 Project Alliance Geotechnical Group, Inc. Alpha Testing, Inc. D&S Enginering Labs, LLC Professional Service Industries, Inc. (PSI) Attachment 1 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Page 1 of 2 Prosper is a place where everyone matters. To: Mayor and Town Council From: Frank E. Jaromin, P.E., Director of Public Works Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 8, 2015 Agenda Item: Consider and act upon authorizing the Town Manager to execute a Memorandum of Understanding regarding development of a Regional Capacity, Management, Operations, and Maintenance (CMOM) Program. Description of Agenda Item: The Environmental Protection Agency (EPA) has inspected North Texas Municipal Water District (NTMWD) and its member cities regarding a possible Clean Water Act enforcement action relating to the sewer collection system and sanitary sewer overflows. It is expected that NTMWD and its member cities will face EPA enforcement, but the extent and details of such enforcement action are unknown at present. Based upon discussions with EPA, NTMWD believes that the development of a formal CMOM program will help NTMWD and its member cities meet regulators’ expectations, so that any enforcement action will implement the ongoing efforts of NTMWD and member cities (including a CMOM program), as opposed to mandating more stringent requirements. In an effort to improve the wastewater collection capacity, management, operations, and maintenance program of the respective regional systems, the North Texas Municipal Water District (NTMWD) and its member cities (Communities) agree to the following: NTMWD and the Communities shall work together in good faith to establish a model written Regional Capacity, Management, Operations, and Maintenance (CMOM) program related to the following aspects of NTMWD’s and Communities’ practices, assets, and programs; o Emergency response and mitigation plan; o Collection system cleaning program; o Comprehensive Fats, Roots, Oil, and Grease (FROG) program; o Condition assessment: Force mains, lift stations, manholes, gravity sewers, and service laterals; o Hydraulic modeling capacity assessment; o Formalized operation and maintenance (O&M) training program including standard operation procedures and classroom training; o Point of entry and flow metering program; o Maintenance management system; and o Framework for identification and implementation of NTMWD and Community capital project needs resulting from condition and capacity assessments. PUBLIC WORKS Item 5c Page 2 of 2 The cities include: Allen, Forney, Frisco, Heath, McKinney, Mesquite, Plano, Princeton, Prosper, Richardson, Rockwall, and Seagoville. EPA has conducted inspections of each of these cities. Legal Obligations and Review: Terrance Welch of Brown & Hofmeister, L.L.P., has reviewed the Memorandum of Understanding as to form and legality. Attached Documents: 1. NTMWD MOU 2. FAQ: Regional CMOM Program Development Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Memorandum of Understanding regarding development of a Regional Capacity, Management, Operations, and Maintenance (CMOM) Program. Proposed Motion: I move to authorize the Town Manager to execute a Memorandum of Understanding regarding development of a Regional Capacity, Management, Operations, and Maintenance (CMOM) Program. Item 5c NORTH TEXAS MUNICIPAL WATER DISTRICT MEMORANDUM OF UNDERSTANDING REGARDING DEVELOPMENT OF A REGIONAL CAPACITY, MANAGEMENT, OPERATIONS, AND MAINTENANCE (CMOM) PROGRAM WHEREAS, the City of Allen, the City of Forney, the City of Frisco, the City of Heath, the City of McKinney, the City of Mesquite, the City of Plano, the City of Princeton, the Town of Prosper, the City of Richardson, the City of Rockwall and the City of Seagoville, (individually and collectively the “Communities”), have entered into various contracts (the “Contracts”) for the collection, conveyance, and treatment of wastewater from their various systems (the “Systems”); and WHEREAS, the Contracts do not include explicit provisions related to maintenance, management, and operation of the Systems; and WHEREAS, each entity has its own unique collection system and appropriations approval by their respective governing body, the program will be implemented consistent with the needs and appropriated funding of each entity; and WHEREAS, North Texas Municipal Water District (“NTMWD”) and the Communities have a goal to improve wastewater collection capacity, management, operations, and maintenance programs of the Systems; and NOW THEREFORE, NTMWD and the Communities agree to the following: NTMWD and the Communities shall work together in good faith to establish a model written Regional Capacity, Management, Operations, and Maintenance (CMOM) program related to the following aspects of NTMWD’s and Communities’ practices, assets, and programs. a. Emergency response and mitigation plan, b. Collection system cleaning program, c. Comprehensive Fats, Roots, Oil, and Grease (FROG) program, d. Condition assessment: Force mains, lift stations, manholes, gravity sewers, and service laterals, e. Hydraulic modeling capacity assessment, f. Formalized operation and maintenance (“O&M”) training program including standard operating procedures and classroom training, g. Point of entry and flow metering program, h. Maintenance management system, and i. Framework for identification and implementation of NTMWD and Community capital project needs resulting from condition and capacity assessments. This Memorandum of Understanding will be effective the date of the last signature with an awareness all Communities may not participate. Item 5c MEMORANDUM OF UNDERSTANDING: REGIONAL CMOM PROGRAM PAGE 2 AGREED: _______________________________ _______________________ Thomas W. Kula Date Executive Director, NTMWD _______________________________ _______________________ Peter H. Vargas Date City Manager, City of Allen _______________________________ _______________________ Brian Brooks Date City Manager, City of Forney _______________________________ _______________________ George Purefoy Date City Manager, City of Frisco _______________________________ _______________________ Ed Thatcher Date City Manager, City of Heath _______________________________ _______________________ Tom Muehlenbeck Date Interim City Manager, City of McKinney ________________________________ _____________________ Ted Barron Date City Manager, City of Mesquite Item 5c MEMORANDUM OF UNDERSTANDING: REGIONAL CMOM PROGRAM PAGE 3 _______________________________ _______________________ Bruce D. Glasscock Date City Manager, City of Plano _______________________________ _______________________ Derek F. Borg Date City Manager, City of Princeton _______________________________ _______________________ Harlan Jefferson Date Town Manager, Town of Prosper _______________________________ _______________________ Dan Johnson Date City Manager, City of Richardson _______________________________ _____________________ Rick Crowley Date City Manager, City of Rockwall ________________________________ _____________________ Pat Stallings Date Acting City Manager, City of Seagoville Item 5c North Texas Municipal Water District www.NTMWD.com Regional Service Through Unity… Meeting Our Region’s Needs Today and Tomorrow    501 E. Brown Street  P.O. Box 2408  Wylie, Texas 75098-2408  Telephone: (972) 442-5405  Fax: (972) 295-6440 FAQ: Regional CMOM Program Development Introduction/Overview The U.S. Environmental Protection Agency has inspected North Texas Municipal Water District (NTMWD) and its  member cities regarding a possible Clean Water Act enforcement action relating to the sewer collection system and  sanitary sewer overflows.  It is expected that NTMWD and its member cities will face EPA enforcement, but the extent  and details of such enforcement action are unknown at present.  Based upon discussions with EPA, NTMWD believes  that the development of a formal CMOM program will help NTMWD and its member cities meet regulators’  expectations, so that any enforcement action will implement the ongoing efforts of NTMWD and member cities  (including a CMOM program), as opposed to mandating more stringent requirements.  1. What is a CMOM program? CMOM stands for Capacity, Management, Operations, and Maintenance.  It is a framework to identify and incorporate  industry accepted practices to better manage, operate, and maintain collection systems, investigate collection system  capacity, and respond to sanitary sewer overflows.  The CMOM components are provided in greater detail in the MOU,  but include such activities as cleaning, capacity evaluations, and regular maintenance, among others.  2. Why do we need to develop a Regional CMOM program? In collaboration with the wastewater member cities, we agreed that the development of a Regional CMOM program will  provide our best opportunity to determine our collective desired outcomes and work toward incorporating those  desired outcomes into our ongoing dialogue with EPA.  As noted above, the Environmental Protection Agency (EPA) has conducted inspections of NTMWD and Regional  Wastewater System member cities.  NTMWD and its member cities continue to demonstrate compliance with applicable  EPA and TCEQ requirements, and the development of a formalized CMOM program will support that effort, so as to  show regulators a consistent record of compliance and proactive management.  Although discussions with EPA are  ongoing, the development of a formal CMOM program is important to meet regulators’ expectations. They have  indicated there will be an enforcement action and their expectation of NTMWD and cities is full CMOM compliance.   They utilize the CMOM framework to shift collection system practices from reactive to preventive and predictive.    3. What if our City elects not to participate? The District and remaining cities will continue in the development of the Regional CMOM program.  However, in the  context of enforcement, EPA is likely to seek more stringent CMOM‐related requirements for cities without CMOM  participation.  Accordingly, if a City elects to not participate, their ability to influence the CMOM requirements in any  enforcement action will be reduced significantly.    4. Why do we need to execute a memorandum of understanding (MOU)? The MOU will demonstrate to peer Cities, NTMWD, and to EPA that we are working collaboratively to develop a regional  plan to properly manage, operate, and maintain our collection systems.    5. When does NTMWD want to receive the executed MOU back? We are targeting all MOUs to be executed and returned by September 16th.  Please execute and return an original to:  Jenna Covington, NTMWD; and a scanned copy via e‐mail (jcovington@ntmwd.com).  The final executed version will  have duplicate pages with unique signatures.  For example, there will be seven copies of page two included in the final  document.  Item 5c Page | 2  6. Which cities are invited to participate in the MOU and Regional CMOM program development? The cities include: Allen, Forney, Frisco, Heath, McKinney, Mesquite, Plano, Princeton, Prosper, Richardson, Rockwall,  and Seagoville.  EPA has conducted inspections of each of these cities.  7. What does this MOU commit us to? The MOU indicates the cities and NTMWD will work together in good faith to establish a model written Regional  Capacity, Management, Operations, and Maintenance (CMOM) program.  8. When will Regional CMOM program become effective? The effective date has not yet been established, although NTMWD expects to begin developing the regional CMOM with  cities in agreement starting this fall.      9. Does EPA support the development of the Regional CMOM program? At NTMWD’s most recent discussions with EPA, the EPA supported the concept of a Regional CMOM program.  By  working together to develop the Regional CMOM program, we can have the best opportunity to influence outcomes  consistent with the vision of NTMWD and cities, rather than a top‐down approach from outside.  10. Will all the cities and District have to agree on how we manage our collection systems? The intent is for the Regional CMOM program to provide the baseline standard.  Some cities may elect to exceed the  requirements of the program.  The intent is also to develop the program in a manner that may be easily adopted by  cities if they so choose without the need to develop their own program and incorporate the requirements of the  Regional program.  11. What will the Regional CMOM program provide to us? The Regional CMOM program will provide written and clearly defined baseline expectations for proactive management  of your collection system and the baseline expectations will be common across participating Cities.  12. We already participate in the Texas Commission on Environmental Quality (TCEQ) Sanitary Sewer Overflow Initiative (SSOI), how will this impact our current agreement? It is anticipated that the requirements of the SSOI will continue, barring any EPA enforcement.  The District will  coordinate with TCEQ to clarify the status of SSOI agreements.  13. How will implementation of the Regional CMOM program help the Cities and region? Ultimately, we all desire the same outcomes.  Protect public health and the environment, sustain economic  development, be compliant with regulatory requirements, meet or exceed the needs of the public we serve, and  proactively manage our infrastructure.  Execution of the Regional CMOM program will assist us in meeting those goals.  14. Is EPA looking at other cities and utilities? Yes, the EPA has a national enforcement initiative to assess all sanitary sewer systems who produce more than 10‐ million gallons per day of wastewater by end of FY 2016.  EPA Region 6 has indicated we are one of the last systems to  be evaluated as part of the national enforcement initiative.  At the time their website was updated, there were 1103  systems identified and 888 had been addressed, 92 had enforcement actions initiated, and 128 were outstanding  (http://www2.epa.gov/enforcement/national‐enforcement‐initiative‐keeping‐raw‐sewage‐and‐contaminated‐stormwater‐out‐our).  15. What resources are available for us to better understand CMOM programs? There are a number of resources available to assist you all in learning more about EPA enforcement, CMOM programs,  etc.  We have posted those documents and links in the Member and Customer City portal on our website.      Item 5c To: Mayor and Town Council From: Alex Glushko, AICP, Senior Planner Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 8, 2015 Agenda Item: Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any Site Plan or Preliminary Site Plan. Description of Agenda Item: Attached is the Site Plan acted on by the Planning & Zoning Commission at their September 1, 2015, meeting. Per the Town’s Zoning Ordinance, the Town Council has the ability to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department for any Preliminary Site Plan or Site Plan acted on by the Planning & Zoning Commission. Attached Documents: 1. Site Plan for Eagles Crossing Town Staff Recommendation: Town staff recommends that the Town Council take no action on this item. Prosper is a place where everyone matters. PLANNING Item 5d EXISTING RETAIL AND OFFICE 31,828 SQ. FT. LOT 1R, BLOCK A EXISTING RETAIL AND OFFICE 16,152 SQ. FT. LOT 2, BLOCK A PROPOSED RETAIL AND OFFICE 21,730 SQ. FT. LOT 3 PHASE 1 TOWN OF PROSPER SITE PLAN NOTES: 1. DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH ZONING ORDINANCE. 2. OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 3. OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE. 4. LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 5. ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 6. BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE DEPARTMENT. 7. FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. 8. TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 9. SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN FIRE LANE. 10.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 11.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 12.ALL FENCES AND RETAINING WALL SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. 13.ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL AND SHALL CONFORM TO THE APPROVED FACADE PLAN. 14.SIDEWALKS OR NOT LESS THAN SIX (6') FEET IN WIDTH ALONG THOROUGHFARES AND COLLECTORS AND FIVE (5') IN WIDTH ALONG RESIDENTIAL STREETS, AND BARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS. 15.APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE ENGINEERING DEPARTMENT. 16.SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE. 17.ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 18.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE. SITE NOTES: 1. NO EXISTING TREES ON THE UNDEVELOPED PORTION OF THIS SITE. 2. FEMA MAP PANEL 48085C0260 SHOWS THAT NO PORTION OF THIS SITE IS WITHIN THE 100-YEAR FLOODPLAIN. 3. ALL DIMENSIONS ARE SHOWN TO FACE OF CURB. 4. ANY EXISTING PLANT MATERIAL THAT IS DEAD OR DECLINING WILL NEED TO BE REPLACED PRIOR TO CERTIFICATE OF OCCUPANCY.COLEMAN STREETEAGLE LANEBURLINGTON NORTHERN RAILROADVicinity Map N.T.S. BROADWAY 6THCOLEMAN PARVINBURLINGTON NORTHERN RAILROAD8TH McKINLEYSITE PROSPER TRAIL WILSON DRIVE MANNING ROCY AND TINA PENG IRREVOCABLE TRUST CC# 20110124000091060 ZONING: C LAND USE: VACANT FUTURE LAND USE: RETAIL & NEIGHBORHOOD SERVICES CENTEX HOMESINSTRUMENT# 108670ZONING: O/I PD-26LAND USE: VACANTFUTURE LAND USE: BUSINESS PARKPRECISION LANDSCAPE MANAGEMNT CC# 20100809000820340 ZONING: C LAND USE: VACANT FUTURE LAND USE: RETAIL & NEIGHBORHOOD SERVICES PROSPER ISDZONING: SF-15LAND USE: SCHOOLFUTURE LAND USE: MEDIUM DENSITY RESIDENTIALTRAILS OF PROSPERZONING: SF-10LAND USE: SINGLE FAMILY RESIDENTIALFUTURE LAND USE: MEDIUM DENSITY RESIDENTIALEXISTING DRAINAGE AND DETENTION EASEMENT VOL. 2008 PG. 434 15' X 13' 8' MASONRY DUMPSTER ENCLOSURE TO MATCH BLDG. EXISTING 23' X 14' 8' MASONRY DUMPSTER ENCLOSURE (MATCH BUILDING) EXISTING CONCRETE RETAINING WALL 5' LANDSCAPE SETBACK15' BUILDING SETBACK1ƒ (a 1ƒ (a 6ƒ :a 5' LANDSCAPE SETBACK 15' BUILDING SETBACK15' BUILDING SETBACK 5' LANDSCAPE SETBACK 25' LANDSCAPE SETBACK30' BUILDING SETBACK6ƒ :a 20' DRAINAGE ESMT. 10' X 10' WATER ESMT. (BY PLAT) 30' FIRELANE, ACCESS, DRAINAGE & UTILITY ESMT. 5' LANDSCAPE SETBACK 36' X 129' MUTUAL FIRELANE ACCESS & UTILITY ESMT. CLERK'S FILE NO: 20070515000657230 15' ELEC ESMT. PROP. SIDEWALK PROP. SIDEWALKPROP. SIDEWALKPROP. SIDEWALK30' FIRELANE, ACCESS, DRAINAGE & UTILITY ESMT. EXISTING 10' WATER ESMT. TO BE ABANDONED EXISTING 15' UTILITY ESMT. TO TOWN OF PROSPER 24' FIRELANE, ACCESS,DRAINAGE& UTILITY ESMT.EXISTING 10' WATER ESMT. 15' WATER ESMT. 15' WATER ESMT. 15' SANITARY SEWER ESMT. 15' ELEC ESMT. 36' 318.8' 30' “ 721($5(67'5,9(:$< 15' WATER ESMT. 9 SPACES @ 9' = 81' 15 SPACES @ 9' = 135' 5 SPACES @ 9' = 45' 14 SPACES @ 9' = 126' 14 SPACES @ 9' = 126' 11 SPACES @ 9' = 99' 6 SPACES @ 9' = 54' 8 SPACES @ 9' = 72' 2 HANDICAP SPACES 2 SPACES @ 9' = 18' 4 SPACES @ 9' = 36' 13 SPACES @ 9' = 117' 5 SPACES @ 9' = 45' 7 SPACES @ 9' = 63' 2 HANDICAP SPACES 13 SPACES @ 9' = 117' 11 SPACES @ 9' = 99' 11 SPACES @ 9' = 99' 13 SPACES @ 9' = 117' 5 SPACES @ 9' = 45' 3 SPACES @ 9' = 27' 13 SPACES @ 9' = 78'9 SPACES@ 9' = 81'8 SPACES@ 9' = 72'3 SPACES@ 9' = 27'3 SPACES@ 9' = 27'5 SPACES@ 9' = 45'8 SPACES@ 9' = 72'2 SPACES@ 9' = 18'9 SPACES@ 9' = 81'4 SPACES@ 9' = 36'8 SPACES@ 9' = 72'2 HANDICAP SPACES13 SPACES@ 9' = 117'12 SPACES@ 9' = 108'4 SPACES@ 9' = 36'4 SPACES@ 9' = 36'2 HANDICAP SPACESLOADING AREA3 SPACES@ 9' = 27'30' 18' 24' 18' 9' 9' 9'30' FIRELANE, ACCESS,DRAINAGE& UTILITY ESMT.18'30' 24' 18' 24' 18'18'30' 7' 20' 24' 18' 30' 15.6' EXISTING 20' DRAINAGE EASEMENT TO BE ABANDONED 11 SPACES @ 9' = 99' APPOX. LOCATION 20' SOUTHWESTERN BELL TELEPHONE ESMT. 10' STREET ESMT.1ƒ (a 6ƒ :a 6ƒ (a 6ƒ :a 20' DRAINAGE EASEMENT 25' SIDEWALK ESMT. EXISTING LOT LINE TO BE ABANDONED EXISTING LOT LINE TO BE ABANDONED 5 SPACES @ 9' = 45' 6  ƒ      (  a       6ƒ (a 15' BUILDING SETBACK EXISTING CURB TO BE DEMOLISHED 6.5' WILSON EXISTING 10' WATER ESMT. 20' DRAINAGE EASEMENT 5' 2' 8' 8' PROPERTY LINE PROPOSED LOT LINE EXISTING LOT LINE PROPOSED EASEMENT EXISTING EASEMENT EXISTING CURB PROPOSED CURB EXISTING ENHANCED PAVING PROPOSED ENHANCED PAVING (TO MATCH EXISTING) EXISTING FIRE HYDRANT PROPOSED FIRE HYDRANT EXISTING CURB INLET PROPOSED CURB INLET PROPOSED FIRE DEPARTMENT CONNECTION EXISTING FIRE DEPARTMENT CONNECTION LEGEND 6.5' 8' 4.5' 8.5' 8' 8.5' R50' R30' R20' R30' R30' R30' R30' R10' R30' R30' R30' R30' R30' R30' R30' R30' R30'R30' R30' R30' R30' R30' PROPOSED 15' WATER ESMT. EXISTING 15' UTILITY ESMT. 15' BUILDING SETBACK 15' BUILDING SETBACK 5' LANDSCAPE SETBACK 5' LANDSCAPE SETBACK 15' BUILDING SETBACK 5' LANDSCAPE SETBACK15' BUILDING SETBACK5' LANDSCAPE SETBACKSITE PLANEAGLE CROSSINGLOTS 1R, 2R, 3R5 \\KSA-MCK-SERVER1\PROJECTS\PROJECTS\MI1460\00.07CAD\02 PROJECT\30 SHEETS\01 SHEET SETS\MI1460-PLAN-SITE.DWG: SITE PLAN EAGLE CROSSING LOTS1R 2R 3R:MARKREVISIONDATEKSA JOB NO.:LATEST REVISION:DESIGNED BY:DRAWN BY:JKAJCS8/25/2015MI.1460CROSSLAND HOLDINGS, LLC861 COLEMAN STREETPROSPER, TEXAS 75078SHEET NAME:PROJECT NAME:29 SEAL: TBPE Firm Registration No. F-1356 SHEET NO. SHEET OF DRAWING PATH\NAME:LAYOUTCONTACT: ROCKY HUSSMAN T: 972-347-56598875 Synergy Dr., McKinney, Texas 75070T. 972-542-2995 F. 972-542-6750www.ksaeng.comThis document is released for the purpose of interim review under the authority of David L. Perkins, P.E., 111631, on August 24, 2015. It is not to be used for construction, bidding, or permit purposes.MAINPRAIRIE VISTA EXISTING CONCRETE RETAINING WALL R30' PROPOSED Lot 3 Required Provided Zoning Commercial Proposed Use Medical, Retail, Office Lot Area (S.F.)223,518 Building Area (S.F.)21,730 Building Height 38 Feet/One Story Lot Coverage 9.72% Floor Area Ratio 0.098:1 Total Parking (1 Space/250 S.F.)87 116 Total Handicap Parking 4 4 Total Van Accessible Handicap Parking 1 2 Interior Landscape (15 S.F./Parking Space)1,740 3,676 Impervious Surface (S.F.)86,058 Open Space (S.F.)15,656 32,941 24' FIRELANE, ACCESS, DRAINAGE & UTILITY ESMT. D15-0066 5 SPACES @ 9' = 63' 4 HANDICAP SPACES 18' PROPOSED ENHANCED PAVING TO MATCH EXISTING (TYPICAL) 16' Item 5d Page 1 of 2 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 8, 2015 Agenda Item: Conduct a Public Hearing, and consider and act upon a request to amend the Future Land Use Plan, located on the northwest corner of Prosper Trail and the future Shawnee Trail, from Medium Density Residential to Dallas North Tollway District. The property is zoned Single Family-15 (SF-15) and Commercial Corridor (CC). (CA15-0002). [Companion Case Z14-0005] History: At the August 25, 2015, Town Council meeting, this item was tabled to give the applicant an opportunity to modify the proposed PD development standards for the companion case, Z14- 0005, prior to considering and acting on the Future Land Use Plan amendment. The item was also tabled at the May 26, 2015, the June 23, 2015, and the July 14, 2015, Town Council meetings. Description of Agenda Item: Town staff received a request to rezone 67.7± acres, located on the northwest corner of Prosper Trail and Dallas Parkway, from Single Family-15 (SF-15) and Commercial Corridor (CC) to Planned Development-Single Family/Office/Retail (PD-SF/O/R), Zoning Case Z14-0005. The request includes a 7.5-acre tract at the northwest corner of Prosper Trail and the future Shawnee Trail that is currently zoned Single Family (SF-15). The applicant desires to rezone this area for Office use. The tract is bordered to the north by a tributary of Doe Branch. The Future Land Use Plan designates the land west of the future Shawnee Trail, including the 7.5- acres tract as Medium Density Residential. Rezoning requests which do not conform to the Future Land Use Plan, shall be accompanied by a request to amend to the Future Land Use Plan. A letter from the applicant detailing the basis for the request to amend the Future Land Use Plan and rezone the property is attached. In addition, page 64 of the Comprehensive Plan contains several considerations when encountering development proposals that do not directly reflect the Future Land Use Plan. Page 64 of the Comprehensive Plan has been included for reference, in addition to a separate letter from the applicant addressing the considerations identified on page 64. The Medium Density Residential Land Use category recommends a maximum of 2.5 dwelling units per acre, with single family residential lot sizes ranging between 12,500 square feet and 20,000 square feet in size. The proposed Dallas North Tollway Land use category recommends a diverse mixture of office, retail and residential uses. However, the subject tract of the Future Prosper is a place where everyone matters. PLANNING Item 7 Page 2 of 2 Land Use Plan amendment will be limited to the Office zoning district by the Planned Development request with additional limitation on uses to ensure compatibility with the nearby, future neighborhoods. In recognition of the ultimate alignment of Shawnee Trail, the project’s proximity to the Dallas Parkway, the relatively small area of the amendment, and the land use limitations and development standards per the accompanying Planned Development request; the request to extend the Dallas North Tollway District into this area appears to be appropriate. Legal Obligations and Review: The Town Council is required to hold a Public Hearing prior to acting on an amendment to the Future Land Use Plan. Attached Documents: 1. Existing and proposed Future Land Use Plan exhibit 2. Applicant Future Land Use Plan amendment exhibits 3. Page 64 of the Comprehensive Plan 4. Applicant responses to page 64 of the Comprehensive Plan Planning & Zoning Commission Recommendation: At the April 7, 2015, meeting, the Planning & Zoning Commission recommended the Town Council approve the Future Land Use Plan amendment, by a vote of 7-0. Town Staff Recommendation: Town staff recommends the Town Council consider and act upon an amendment to the Town’s Future Land Use Plan. Proposed Motion: I move to _________ (approve/deny) the amendment to the Town’s Future Land Use Plan. Item 7 Item 7 Item 7 Item 7 35’ PROPOSED R.O.W. DEDICATION (0.26 AC.) PROPOSED 11’ DECELERATION LANE R.O.W. (0.03 AC.)DALLAS NORTH TOLLWAYPROSPER TRAIL SHAWNEE TRAIL110’ R.O.W. GROSS ACRES: 23.0 GROSS ACRES: 44.7 FUTURE LAND USE: MEDIUM DENISTY RESIDENTIAL FUTURE LAND USE: DALLAS NORTH TOLLWAY DISTRICT FLOODP L A I N F L O O D PLAIN APPROX. 782 LF S 00°03'23" E 1421.66'S 89°52'43" E 2114.49'C1C2C3C4N 89°53'39" W 2052.62' APPROX. 1271 LF EXISTING 20’ WIDE ASPHALT ROAD APPROX. 922 LF TO MANOR LANE CENTERLINE 45’ PROSPER TRAIL R.O.W. DEDICATION (FUTURE 4-LANE DIVIDED THOROUGHFARE) 35’ PROPOSED R.O.W. DEDICATION (0.26 AC.)EXISTING INGRESS, EGRESS EASEMENT TO BE DEDICATED AS R.O.W. PROPOSED 11’ DECELERATION LANE R.O.W. (0.03 AC.) BLUE STAR ALLEN LAND L.P. EX ZONING: SF-10 EX USE: AGRICULTURE FLUP: MEDIUM AND LOW DENSITY RESIDENTIAL C.C.F. NO. 200136300000676920 D.R.C.C.T. 183 LAND CORP, INC. EX ZONING: PD-3 EX USE: AGRICULTURE FLUP: TOLLWAY DISTRICT C.C.F. NO. 97-0005168 D.R.C.C.T. THE ESTATES AT PROSPER TRAIL INC. EX ZONING: PD-60 EX USE: AGRICULTURE FLUP: LOW DENSITY RESIDENTIAL DOC NO. 2014002000000350 D.R.C.C.T. THE ESTATES AT PROSPER TRAIL INC. EX ZONING: PD-36 EX USE: AGRICULTURE FLUP: MEDIUM DENSITY RESIDENTIAL C.C.F. NO. 2014002000000350 D.R.C.C.T. COTHRAN MALIBU INVESTMENTS EX ZONING: COMM CORRIDOR EX USE: AGRICULTURE FLUP: TOLLWAY DISTRICT VOL. 5537, PG. 532 D.R.C.C.T. COLLIN COUNTY, TX EX ZONING: COMM CORRIDOR EX USE: AGRICULTURE FLUP: TOLLWAY DISTRICT DOC NO. 20060912001319330 D.R.C.C.T. COLLIN COUNTY, TX EX ZONING: COMM CORRIDOR EX USE: AGRICULTURE FLUP: TOLLWAY DISTRICT DOC NO. 20060612001319220 D.R.C.C.T. 183 LAND CORP, INC. EX ZONING: PD-3 EX USE: AGRICULTURE FLUP: TOLLWAY DISTRICT C.C.F. NO. 97-0005168 D.R.C.C.T.DALLAS PARKWAYPROSPER TRAIL SHAWNEE TRAIL110’ R.O.W. FUTURE LAND USE: MEDIUM DENISTY RESIDENTIAL FUTURE LAND USE: DALLAS NORTH TOLLWAY DISTRICT GROSS ACRES: 23.0 GROSS ACRES: 44.7 US 380 ROCKHILL PKWY FIRST ST FISHTRAP RD PROSPER TRAIL FRONTIER PKWY PANTHER CREEK PKWY COIT RDPRESTON RDLEGACY DRFIELDS RDDALLAS PKWYVICINITY MAP CITY OF PROSPER, TEXAS NORTH PROJECT LOCATION PROSPER CITY LIMITS FRISCO CITY LIMITS DENTON COUNTYCOLLIN COUNTYUS 380 ROCKHILL PKWY FIRST ST FISHTRAP RD PROSPER TRAIL FRONTIER PKWY PANTHER CREEK PKWY COIT RDPRESTON RDLEGACY DRFIELDS RDDALLAS PKWYVICINITY MAP CITY OF PROSPER, TEXAS NORTH PROJECT LOCATION PROSPER CITY LIMITS FRISCO CITY LIMITS DENTON COUNTYCOLLIN COUNTYPLANNER/APPLICANT COLLIN COUNTY SCHOOL LANDS, SURVEY 12 ABSTRACT NO. 147 PROSPER 67 PARTNERS LTD OUT of THE 5953 DALLAS PARKWAY, SUITE 200-A PH: (214)696-8100 PLANO, TX 75093 OWNER: JONES & CARTER. INC. 6509 WINDCREST DRIVE, SUITE 600 PH: (972)488-3880 PLANO, TX 75024 SURVEYOR: EXHIBIT A ±67.7 AC RES OF LAND TH IS DRA WING IS A PICTOR IAL R EPR ESEN TATION FOR PR ESEN TATION P URPOSES ONLY A ND IS SU BJECT TO CHAN GE. FURTHER, SAID DRA WING IS A SCA NNED IM AGE ONLY A ND IS NOT FOR COMPU TATION OR CON STRUCTION P URPOSES. THIS DRA WING MAY OR MAY NOT INCORP ORATE INFORMATION A ND/OR D ATA P ROV IDED TO BGE | KERRY R. GILBERT & ASSOCIATES BY OTHER CONSU LTAN TS RELATIVE TO EN GIN EERING A ND DRAIN AGE, FL OOD PL AINS A ND EN VIRO NMENTAL ISSU ES A ND SHO ULD NOT BE REL IED U PON FOR ANY P URPOSE. NO WA RRAN TIES, EXPR ESS OR IMPL IED, CO NCE RNING THE ACTUAL D ESIGN, LOCATION, A ND CHARAC TER OF THE FACILI TATES SH OWN ON TH IS MAP ARE IN TENDED. A DDITIONALLY, NO WA RRANTY IS MADE T O THE A CCURACY OF TH E IN FORMATION CONTAINED HER EIN. ©2015 BGE | KER RY R . GIL BERT & ASSOCIATES, ALL R IGH TS R ESER VED ©2015 BG E | KERRY R. GILBE R T & A S S OCI ATES, Al l Rights ReservedBGE | KERRY R. GILBERT & A S S O C I A T E S BG E | K E R R Y R . G ILBERT & ASSOCIATESFEBRUARY 23, 2015 KGA #I-292A SCALE 0 20010050 – Land Planning Consultants – 2595 Dallas Parkway, Suite 204 Frisco, TX 75034 Tel: 281-579-0340 Item 7 P.O.B. P-1 P-2 P-3 P-4 R-2 R-2 R-3 R-4 R-5 OPEN SPACE/DETENTION/FLOODPLAIN ±6.2 Ac. OPEN SPACE/DETENTION/FLOODPLAIN ±9.0 Ac. RECLAIM E D F L O O D P L A I N RECL A I M E D F L O O D P L A I N FLOO D P L A I N EXISTING 30’ HIKE AND BIKE TRAIL EASEMENT C R E EK CENTERLINECREEK CENTERLINE 35’ PROPOSED R.O.W. DEDICATION (0.26 AC.) 35’ PROPOSED R.O.W. DEDICATION (0.26 AC.) FUTURE RIGHT TURN LANE R.O.W. (BY SEPARATE INSTURMENT) PROPOSED 11’ DECELERATION LANE R.O.W. (0.03 AC.) APPROXIMATE CENTERLINE LOCATION T.P&L CO. ESMT. VOL. 252 PG. 353 D.R.C.C.T. (NO WIDTH DETERMINED)60’ R.O.W.90’ MINOR THOROUHFARE R.O.W. DEDICATION (FUTURE 4-LANE DIVIDED THOROUGHFARE)DALLAS NORTH TOLLWAYPROSPER TRAIL SHAWNEE TRAILPROSPER 67 PARTNERS LTD INST. NO. 20121031001392700 D.R.C.C.T. GROSS ACRES: 7.5 NET ACRES: 6.0 EX. ZONING: SF-15/ COMM CORRIDOR EX. USE: AGRICULTURE FLUP: MEDIUM DENSITY RESIDENTIAL PROP. ZONING: PD-NEIGHBORHOOD SERVICE PROSPER 67 PARTNERS LTD INST. NO. 20121031001392700 D.R.C.C.T. GROSS ACRES: 18.8 NET ACRES: 14.1 EX. ZONING: SF-15 EX. USE: AGRICULTURE FLUP: MEDIUM DENSITY RESIDENTIAL PROP. ZONING: PD-SF 12.5 PROP. MAX. DENSITY: 2.5 PROP MIN. LOT SIZE: 12,500 PROSPER 67 PARTNERS LTD INST. NO. 20121031001392700 D.R.C.C.T. GROSS ACRES: 35.6 NET ACRES: 26.4 EX. ZONING: COMM CORRIDOR EX. USE: AGRICULTURE FLUP: TOLLWAY DISTRICT PROP. ZONING: PD-R 110’ R.O.W. FLOODP L A I N F L O O D PLAIN APPROX. 782 LF S 00°03'23" E 1421.66'S 89°52'43" E 2114.49'C1C2C3C4N 89°53'39" W 2052.62' APPROX. 1271 LF APPROX. 595 LF APPROX. 676 LF APPROX. 435 LF APPROX. 485 LF EXISTING 20’ WIDE ASPHALT ROAD45’ PROSPER TRAIL R.O.W. DEDICATION (FUTURE 4-LANE DIVIDED THOROUGHFARE) 35’ PROPOSED R.O.W. DEDICATION (0.26 AC.)EXISTING INGRESS, EGRESS EASEMENT TO BE DEDICATED AS R.O.W. 35’ PROPOSED R.O.W. DEDICATION (0.26 AC.) FUTURE RIGHT TURN LANE R.O.W. (BY SEPARATE INSTURMENT) PROPOSED 11’ DECELERATION LANE R.O.W. (0.03 AC.) EXISTING OVERHEARD ELECTRIC TO BE RELOCATED APPROXIMATE CENTERLINE LOCATION T.P&L CO. ESMT. VOL. 252 PG. 353 D.R.C.C.T. (NO WIDTH DETERMINED) BLUE STAR ALLEN LAND L.P. EX ZONING: SF-10 EX USE: AGRICULTURE FLUP: MEDIUM AND LOW DENSITY RESIDENTIAL C.C.F. NO. 200136300000676920 D.R.C.C.T. 183 LAND CORP, INC. EX ZONING: PD-3 EX USE: AGRICULTURE FLUP: TOLLWAY DISTRICT C.C.F. NO. 97-0005168 D.R.C.C.T. COTHRAN MALIBU INVESTMENTS EX ZONING: COMM CORRIDOR EX USE: AGRICULTURE FLUP: TOLLWAY DISTRICT VOL. 5537, PG. 532 D.R.C.C.T. COLLIN COUNTY, TX EX ZONING: COMM CORRIDOR EX USE: AGRICULTURE FLUP: TOLLWAY DISTRICT DOC NO. 20060912001319330 D.R.C.C.T. COLLIN COUNTY, TX EX ZONING: COMM CORRIDOR EX USE: AGRICULTURE FLUP: TOLLWAY DISTRICT DOC NO. 20060612001319220 D.R.C.C.T. 183 LAND CORP, INC. EX ZONING: PD-3 EX USE: AGRICULTURE FLUP: TOLLWAY DISTRICT C.C.F. NO. 97-0005168 D.R.C.C.T. GENERAL NOTES: 1) ALL FINISHED FLOOR ELEVATIONS WILL BE A MINIMUM OF TWO FEET ABOUE THE BASE FLOOD ELEVATION. 2) THE THOROUGHFARE ALIGNMENT(S) SHOWN ON THIS EXHIBIT ARE FOR ILLUSTRATION PURPOSED AND DOES NOT SET THE ALIGNMENT. THE ALIGNMENT IS DETERMINED AT TIME OF FINAL PLAT 3) ALL THOROUGHFARES, DRIVEWAYS, AND TURN LANES SHALL COMPLY WITH THE TOWN’S DESIGN STANDARDS AND FINAL DESIGN WILL BE ADDRESSED AT TIME OF SITE PLAN AND FINAL PLAT APPROVAL. 4) THE BUILDING SITES SHOWN ON THIS EXHIBIT ARE THE APPROXIMATE SHAPE AND LOCATION. THESE MAY CHANGE DURING DEVELOPMENT AND CONSTRUCTION. 5) ALL RESIDENTIAL RIGHT OF WAY WIDTHS ARE FIFTY (50) FEET IN WIDTH UNLESS OTHERWISE NOTED. 6) ALL CUL-DE-SAC RADIUS ARE FIFTY (50) FEET UNLESS OTHERWISE NOTED. 7) CONTOURS ARE SHOWN AT TWO (2) FOOT INCREMENTS 8) ALL SITE USES LISTED ARE PROPOSED. THEY ARE NOT REQUIRED AND MAY CHANGE AS PROJECT DEVELOPS. 9) ON COMMERCIAL PROPERTY, A MINUMUM WIDTH OF TWENTY FIVE (25) FEET OF OPEN SPACE/LANDSCAPE BUFFER WILL BE PROVIDED BETWEEN ALL PROPERTY LINES ALONG MAJOR AND MINOR THOROUGHFARES. 10) FINAL PARKING REQUIRMENTS WILL BE BASED ON THE USE AND WILL BE DETERMINED AT TIME OF PERMITTING AND CONSTRUCTION. 11) A TWENTY FIVE (25) FOOT LANDSCAPE BUFFER WILL BE PROVIDED BETWEEN ANY NON-RESIDNETIAL USE AND A RESIDENTIAL ZONE (SEE EXHIBIT B-PLA NNED DEVELOPMENT STANDARDS). 12) DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE 13) OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORANCE WITH THE ZONING ORDINANCE. 14) OUTDOOR LIGHTING SHALL COMPY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE 15) LANSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 16) ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE 17) BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE DEPARTMENT. 18) FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. 19) TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR ALL PROPERTY AT ALL TIMES 20) SPEED BUMBS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 21) HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADDOPTED BUILDING CODE. 22) ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL 23) ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. 24) ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL 25) ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICAL APPROVAL AND SHALL CONFORM TO THE APPROVED FACADE PLAN. 26) SIDEWLAKS OF NO LESS THEN SIX (6) FEET IN WIDTH ALOND THOROUGHFARES AND COLLECTORS AND FIVE (5) FEET IN WIDTH ALONG RESIDNTIAL STREETS AND BARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS. 27) APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE ENGINEERING DEPARTMENT. 28) SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE. 29) ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDER GROUND. 30) ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE. 90’ R.O.W.90’ MINOR THOROUHFARE R.O.W. DEDICATION (FUTURE 4-LANE DIVIDED THOROUGHFARE)DALLAS PARKWAY PROSPER TRAIL SHAWNEE TRAILPROSPER 67 PARTNERS LTD INST. NO. 20121031001392700 D.R.C.C.T. GROSS ACRES: 18.8 NET ACRES: 14.1 EX. ZONING: SF-15 EX. USE: AGRICULTURE FLUP: MEDIUM DENSITY RESIDENTIAL PROP. ZONING: PD-SF 12.5 PROP. MAX. DENSITY: 2.5 PROP MIN. LOT SIZE: 12,500 PROSPER 67 PARTNERS LTD INST. NO. 20121031001392700 D.R.C.C.T. GROSS ACRES: 7.5 NET ACRES: 6.0 EX. ZONING: SF-15/ COMM CORRIDOR EX. USE: AGRICULTURE FLUP: MEDIUM DENSITY RESIDENTIAL PROP. ZONING: PD-NEIGHBORHOOD SERVICE PROSPER 67 PARTNERS LTD INST. NO. 20121031001392700 D.R.C.C.T. GROSS ACRES: 35.6 NET ACRES: 26.4 EX. ZONING: COMM CORRIDOR EX. USE: AGRICULTURE FLUP: TOLLWAY DISTRICT PROP. ZONING: PD-R THE ESTATES AT PROSPER TRAIL INC. EX ZONING: PD-60 EX USE: AGRICULTURE FLUP: LOW DENSITY RESIDENTIAL DOC NO. 2014002000000350 D.R.C.C.T. THE ESTATES AT PROSPER TRAIL INC. EX ZONING: PD-36 EX USE: AGRICULTURE FLUP: MEDIUM DENSITY RESIDENTIAL C.C.F. NO. 2014002000000350 D.R.C.C.T. OPEN SPACE/DETENTION/FLOODPLAIN ±6.2 Ac. OPEN SPACE/DETENTION/FLOODPLAIN ±9.0 Ac. P-1 P-2 P-3 P-5 R-6 P-7 P-4 R-2 R-1 R-3 R-4 R-5 RECLAIM E D F L O O D P L A I N RECL A I M E D F L O O D P L A I N FLOO D P L A I N CONNECTION TO EXISTING 30’ HIKE AND BIKE TRAIL EASEMENT C R E EK CENTERLINE P-3 4,500 2,250 P-4 P-5 2,150 1.3 0.8 1.3 2.4 1.6 Fast Food Fast Food Fast Food Restaurant Restaurant R-6 2.0 USE* BUILDING PAD (SF)* LOT SIZE (ACRES) PROPOSED ZONE: NEIGHBORHOOD SERVICE P-7 Retail/Office Retail/Office Retail/Office Bank 3,400 R-4 23,700 R-5 17,300 1.0 5.0 OVERALL TOTAL OVERALL TOTAL **6.0 ZONE: RETAIL R-1 103,000 R-2 15,000 R-3 16,000 9,000 16,500 17.0 P-1 Retail Retail Grocery 5,500 P-2 **26.4 * All uses and measurements are proposed and subject to change. ** Excludes detention/open space/floodplain 44,400 173,900 MIN. LOT SIZE (SF) MIN. HOME SIZE (SF) TOTAL ACRES PROPOSED ZONE: SF-12.5 TOTAL LOTS (PROPOSED) 18.8 7.5 35.6 61.9 * Net acres excludes floodplain 61.3 26.4 6.0 14.1 2,000 26 14.1 18.8 12,500 (without detention/ open space) (with detention/ open space) SF-12.5 NEIGH. SERVICE RETAIL TOTAL PROPOSED ZONES PROPOSED PD-SF 12.5 LEGEND PROPOSED PD-NEIGHBORHOOD SERVICE PROPOSED PD-RETAIL USE NET ACRES* GROSS ACRES US 380 ROCKHILL PKWY FIRST ST FISHTRAP RD PROSPER TRAIL FRONTIER PKWY PANTHER CREEK PKWY COIT RDPRESTON RDLEGACY DRFIELDS RDDALLAS PKWYVICINITY MAP CITY OF PROSPER, TEXAS NORTH PROJECT LOCATION PROSPER CITY LIMITS FRISCO CITY LIMITS DENTON COUNTYCOLLIN COUNTYUS 380 ROCKHILL PKWY FIRST ST FISHTRAP RD PROSPER TRAIL FRONTIER PKWY PANTHER CREEK PKWY COIT RDPRESTON RDLEGACY DRFIELDS RDDALLAS PKWYVICINITY MAP CITY OF PROSPER, TEXAS NORTH PROJECT LOCATION PROSPER CITY LIMITS FRISCO CITY LIMITS DENTON COUNTYCOLLIN COUNTYTH IS DRA WING IS A PICTOR IAL R EPR ESEN TATION FOR PR ESEN TATION P URPOSES ONLY A ND IS SU BJECT TO CHAN GE. FURTHER, SAID DRA WING IS A SCA NNED IM AGE ONLY A ND IS NOT FOR COMPU TATION OR CON STRUCTION P URPOSES. THIS DRA WING MAY OR MAY NOT INCORP ORATE INFORMATION A ND/OR D ATA P ROV IDED TO BGE | KERRY R. GILBERT & ASSOCIATES BY OTHER CONSU LTAN TS RELATIVE TO EN GIN EERING A ND DRAIN AGE, FL OOD PL AINS A ND EN VIRO NMENTAL ISSU ES A ND SHO ULD NOT BE REL IED U PON FOR ANY P URPOSE. NO WA RRAN TIES, EXPR ESS OR IMPL IED, CO NCE RNING THE ACTUAL D ESIGN, LOCATION, A ND CHARAC TER OF THE FACILI TATES SH OWN ON TH IS MAP ARE IN TENDED. A DDITIONALLY, NO WA RRANTY IS MADE T O THE A CCURACY OF TH E IN FORMATION CONTAINED HER EIN. ©2015 BGE | KER RY R . GIL BERT & ASSOCIATES, ALL R IGH TS R ESER VED ©2015 BG E | KERRY R. GILBE R T & A S S OCI ATES, Al l Rights ReservedBGE | KERRY R. GILBERT & A S S O C I A T E S BG E | K E R R Y R . G ILBERT & ASSOCIATESPLANNER/APPLICANT COLLIN COUNTY SCHOOL LANDS, SURVEY 12 ABSTRACT NO. 147 PROSPER 67 PARTNERS LTD OUT of THE 5953 DALLAS PARKWAY, SUITE 200-A PH: (214)696-8100 PLANO, TX 75093 OWNER: JONES & CARTER. INC. 6509 WINDCREST DRIVE, SUITE 600 PH: (972)488-3880 PLANO, TX 75024 SURVEYOR: EXHIBIT B ±67.7 AC RES OF LAND FEBRUARY 23, 2015 KGA #I-292A SCALE 0 20010050 – Land Planning Consultants – 2595 Dallas Parkway, Suite 204 Frisco, TX 75034 Tel: 281-579-0340 Item 7 35’ PROPOSED R.O.W. DEDICATION (0.26 AC.) PROPOSED 11’ DECELERATION LANE R.O.W. (0.03 AC.)DALLAS NORTH TOLLWAYPROSPER TRAIL SHAWNEE TRAIL110’ R.O.W. FUTURE LAND USE: MEDIUM DENISTY RESIDENTIAL FUTURE LAND USE: DALLAS NORTH TOLLWAY DISTRICT GROSS ACRES: 19.9 GROSS ACRES: 39.0 FUTURE LAND USE: DALLAS NORTH TOLLWAY DISTRICT GROSS ACRES: 8.8 FLOODP L A I N F L O O D PLAIN APPROX. 782 LF S 00°03'23" E 1421.66'S 89°52'43" E 2114.49'C1C2C3C4N 89°53'39" W 2052.62' APPROX. 1271 LF EXISTING 20’ WIDE ASPHALT ROAD APPROX. 922 LF TO MANOR LANE CENTERLINE 45’ PROSPER TRAIL R.O.W. DEDICATION (FUTURE 4-LANE DIVIDED THOROUGHFARE) 35’ PROPOSED R.O.W. DEDICATION (0.26 AC.)EXISTING INGRESS, EGRESS EASEMENT TO BE DEDICATED AS R.O.W. PROPOSED 11’ DECELERATION LANE R.O.W. (0.03 AC.) BLUE STAR ALLEN LAND L.P. EX ZONING: SF-10 EX USE: AGRICULTURE FLUP: MEDIUM AND LOW DENSITY RESIDENTIAL C.C.F. NO. 200136300000676920 D.R.C.C.T. 183 LAND CORP, INC. EX ZONING: PD-3 EX USE: AGRICULTURE FLUP: TOLLWAY DISTRICT C.C.F. NO. 97-0005168 D.R.C.C.T. THE ESTATES AT PROSPER TRAIL INC. EX ZONING: PD-60 EX USE: AGRICULTURE FLUP: LOW DENSITY RESIDENTIAL DOC NO. 2014002000000350 D.R.C.C.T. THE ESTATES AT PROSPER TRAIL INC. EX ZONING: PD-36 EX USE: AGRICULTURE FLUP: MEDIUM DENSITY RESIDENTIAL C.C.F. NO. 2014002000000350 D.R.C.C.T. COTHRAN MALIBU INVESTMENTS EX ZONING: COMM CORRIDOR EX USE: AGRICULTURE FLUP: TOLLWAY DISTRICT VOL. 5537, PG. 532 D.R.C.C.T. COLLIN COUNTY, TX EX ZONING: COMM CORRIDOR EX USE: AGRICULTURE FLUP: TOLLWAY DISTRICT DOC NO. 20060912001319330 D.R.C.C.T. COLLIN COUNTY, TX EX ZONING: COMM CORRIDOR EX USE: AGRICULTURE FLUP: TOLLWAY DISTRICT DOC NO. 20060612001319220 D.R.C.C.T. 183 LAND CORP, INC. EX ZONING: PD-3 EX USE: AGRICULTURE FLUP: TOLLWAY DISTRICT C.C.F. NO. 97-0005168 D.R.C.C.T.DALLAS PARKWAYPROSPER TRAIL SHAWNEE TRAIL110’ R.O.W. FUTURE LAND USE: MEDIUM DENISTY RESIDENTIAL FUTURE LAND USE: DALLAS NORTH TOLLWAY DISTRICT GROSS ACRES: 19.9 GROSS ACRES: 39.0 FUTURE LAND USE: DALLAS NORTH TOLLWAY DISTRICT GROSS ACRES: 8.8 US 380 ROCKHILL PKWY FIRST ST FISHTRAP RD PROSPER TRAIL FRONTIER PKWY PANTHER CREEK PKWY COIT RDPRESTON RDLEGACY DRFIELDS RDDALLAS PKWYVICINITY MAP CITY OF PROSPER, TEXAS NORTH PROJECT LOCATION PROSPER CITY LIMITS FRISCO CITY LIMITS DENTON COUNTYCOLLIN COUNTYUS 380 ROCKHILL PKWY FIRST ST FISHTRAP RD PROSPER TRAIL FRONTIER PKWY PANTHER CREEK PKWY COIT RDPRESTON RDLEGACY DRFIELDS RDDALLAS PKWYVICINITY MAP CITY OF PROSPER, TEXAS NORTH PROJECT LOCATION PROSPER CITY LIMITS FRISCO CITY LIMITS DENTON COUNTYCOLLIN COUNTYPLANNER/APPLICANT COLLIN COUNTY SCHOOL LANDS, SURVEY 12 ABSTRACT NO. 147 PROSPER 67 PARTNERS LTD OUT of THE 5953 DALLAS PARKWAY, SUITE 200-A PH: (214)696-8100 PLANO, TX 75093 OWNER: JONES & CARTER. INC. 6509 WINDCREST DRIVE, SUITE 600 PH: (972)488-3880 PLANO, TX 75024 SURVEYOR: EXHIBIT C ±67.7 AC RES OF LAND TH IS DRA WING IS A PICTOR IAL R EPR ESEN TATION FOR PR ESEN TATION P URPOSES ONLY A ND IS SU BJECT TO CHAN GE. FURTHER, SAID DRA WING IS A SCA NNED IM AGE ONLY A ND IS NOT FOR COMPU TATION OR CON STRUCTION P URPOSES. THIS DRA WING MAY OR MAY NOT INCORP ORATE INFORMATION A ND/OR D ATA P ROV IDED TO BGE | KERRY R. GILBERT & ASSOCIATES BY OTHER CONSU LTAN TS RELATIVE TO EN GIN EERING A ND DRAIN AGE, FL OOD PL AINS A ND EN VIRO NMENTAL ISSU ES A ND SHO ULD NOT BE REL IED U PON FOR ANY P URPOSE. NO WA RRAN TIES, EXPR ESS OR IMPL IED, CO NCE RNING THE ACTUAL D ESIGN, LOCATION, A ND CHARAC TER OF THE FACILI TATES SH OWN ON TH IS MAP ARE IN TENDED. A DDITIONALLY, NO WA RRANTY IS MADE T O THE A CCURACY OF TH E IN FORMATION CONTAINED HER EIN. ©2015 BGE | KER RY R . GIL BERT & ASSOCIATES, ALL R IGH TS R ESER VED ©2015 BG E | KERRY R. GILBE R T & A S S OCI ATES, Al l Rights ReservedBGE | KERRY R. GILBERT & A S S O C I A T E S BG E | K E R R Y R . G ILBERT & ASSOCIATESFEBRUARY 23, 2015 KGA #I-292A SCALE 0 20010050 – Land Planning Consultants – 2595 Dallas Parkway, Suite 204 Frisco, TX 75034 Tel: 281-579-0340 Item 7 64 Comprehensive Plan Town of Prosper COMMUNITY CHARACTER Maintaining compatibility between the Zoning Map and the Future Land Use Plan Chapter 211 of the Texas Local Government Code states that “zoning regulations must be adopted in accordance with a comprehensive plan.” Consequently, a zoning map and zoning decisions should reflect the Future Land Use Plan to the fullest extent possible. Therefore, approval of development proposals that are inconsistent with the Future Land Use Plan will often result in inconsistency between the Future Land Use Plan and the zoning regulations. At times, the Town will likely encounter development proposals that do not directly reflect the purpose and intent of the land use pattern as shown on the Future Land Use Plan map. Review of such development proposals should include the following considerations:  Will the proposed change enhance the site and the surrounding area?  Is the proposed change a better use than that originally envisioned and depicted on the Future Land Use Plan map?  Will the proposed use impact adjacent residential areas in a negative manner?  Will the proposed use be compatible with and/or enhance adjacent residential uses?  Are uses adjacent to the proposed use similar in nature in terms of appearance, hours of operation, and other general aspects of compatibility?  Does the proposed use present a significant benefit to the public health, safety, welfare and/or social well-being of the community?  Would it contribute to the Town’s long- term economic stability? Development proposals that are inconsistent with the Future Land Use Plan map (or that do not meet its general intent) should be reviewed based upon the above questions and should be evaluated on their own merit. It should be incumbent upon the applicant making such a proposal to provide evidence that the proposal meets the aforementioned considerations, supports community goals and objectives as set forth within this Plan, and represents long term economic and/or social benefits for the community as a whole, not just a short-term financial gain for whoever is developing the project. It is important to recognize that proposals not directly consistent with the Plan could reflect higher and better long-term uses than those originally envisioned and shown on the Future Land Use Plan map for a particular area. This may be due to changing markets, demographics and/or economic trends that occur at some point in the future after the Plan is adopted. If such changes occur, and especially if there are demonstrated significant social and/or economic benefits to the Town of Prosper, then these proposals should be approved and the Future Land Use Plan map should be amended accordingly. Item 7 Item 7 Item 7 Page 1 of 8 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 8, 2015 Agenda Item: Conduct a Public Hearing, and consider and act upon a request to rezone 67.7± acres, located on the northwest corner of Prosper Trail and Dallas Parkway, from Single Family-15 (SF-15) and Commercial Corridor (CC) to Planned Development-Single Family/Office/Retail (PD- SF/O/R). (Z14-0005). [Companion case CA15-0002] History: At the August 25, 2015, Town Council meeting, this item was tabled to give the applicant an opportunity to modify the proposed PD development standards of Tracts A, B, and C. This item was also tabled at the May 26, 2015, the June 23, 2015, and the July 14, 2015, Town Council meetings. Since the last meeting, the applicant has revised the proposed PD development standards, in accordance with the majority of the requested modifications. The applicant has provided a Comment Response Letter outlining the changes, which has been included as an attachment. Update: The requested modifications which the applicant has addressed: Tract A (Single Family Residential Tract):  Increase single family lot sizes area to 15,000 square feet o The applicant revised the request to permit an average lot size of 15,000 square feet, in accordance with the Single Family-15 (SF-15) District, with the exception that a maximum of three lots can be between 13,500 square feet and 15,000 square feet. The applicant provided a lot size table which is included in the packet. Tract B (Office Tract):  Include a maximum building coverage requirement of 30% o The applicant revised the request to limit the lot coverage to 30% in accordance with the Office zoning district.  Include a roof pitch requirement for all structures developed within Tract B o The applicant revised the request to require a minimum roof pitch of 4:12.  Include Town Council as an approval authority for proposed facade plans/architectural character elevations Prosper is a place where everyone matters. PLANNING Item 8 Page 2 of 8 o The applicant incorporated architectural requirements into the PD, and the proposed development standards have been revised to require Planning & Zoning Commission and Town Council approval of façade plans/architectural character elevation, in accordance with Exhibit G. Tract C (Retail Tract):  Include a provision limiting drive-through restaurants in accordance with the Planning & Zoning Commission’s recommendation o The applicant included a provision that prohibits drive-through restaurants from developing adjacent to each other, and limits the development to a maximum of three drive-through restaurants.  Include a roof pitch requirement for all non-major tenant structures (under 50,000 square feet) developed within Tract C o The applicant did not revise the proposed PD development standards to require a minimum roof pitch for all non-major tenant structures.  Include Town Council as an approval authority for proposed facade plans/architectural character elevations. o Although the applicant incorporated architectural requirements into the PD (Exhibit C, Section C.5) and included conceptual elevations (Exhibit G), the proposed development standards have not been revised to require Planning & Zoning Commission or Town Council approval of façade plans/architectural character plans for any buildings less than 50,000 square feet, in conjunction with initial Preliminary Site Plan and/or Site Plan Approval. The applicant updated the Zoning Comparison Chart, which compares the differences between the straight zoning district development standards and proposed PD development standards of each of the tracts. The Zoning Comparison Chart has been included as an attachment. 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 Single Family-15 and Commercial Corridor Undeveloped Medium Density Residential and Tollway District North Planned Development-36- Single Family-10/12.5 and Commercial Corridor Undeveloped Medium Density Residential and Tollway District East Commercial Corridor Undeveloped Tollway District South Planned Development-66- Single Family/Retail Undeveloped Medium Density Residential and Tollway District West Planned Development-60- Single Family-10 Undeveloped Medium Density Residential Item 8 Page 3 of 8 The zoning request includes the following Exhibits:  Exhibit A - Boundary survey,  Exhibit B - Statement of intent and purpose,  Exhibit C - Development standards,  Exhibit D - Concept plan,  Exhibit E - Development schedule, and  Exhibit F - Landscape buffer plan  Exhibit G - Conceptual Elevations Tract A represents the 18.8-acre PD-SF District which will develop in accordance with the Single Family-15 (SF-15) District, except the list of permitted uses had been limited, certain development standards have been modified, and additional development standards have been provided. The applicant previously requested development of Tract A in accordance with the Single Family-12.5 (SF-12.5) District. The list of permitted uses has been limited as indicated in Section A.2 of Exhibit C. A comparison of the proposed PD-SF-15 District standards vs. the straight SF-15 District standards are as follows: Proposed PD-SF-15 District Straight SF-15 District Min. Lot Area 15,000 square feet, with a maximum of three lots can be between 13,500 square feet and 15,000 square feet 15,000 square feet Avg. Lot Area 15,000 square feet N/A Min. Lot Width 100 feet 100 feet Min. Lot Depth 135 feet, 125 feet when located on a cul-de-sac 135 feet Min. Dwelling Area 2,000 square feet 1,800 square feet Front Yard Setback 25 feet 25 feet Side Yard Setback 10 feet, 15 feet on corner lots adjacent to a side street 10 feet, 15 feet on corner lots adjacent to a side street Rear Yard Setback 20 feet 25 feet Maximum Height 40 feet 40 feet As detailed in Exhibit C, the additional PD-SF development standards that vary from the straight SF-15 Districts are as follows: Item 8 Page 4 of 8  Impervious Coverage – The PD limits the maximum impervious surface to 50% of the area between the street and the main building; the straight SF-15 District does not have an impervious coverage maximum. This requirement is in accordance with the recently considered residential development standards.  Anti-Monotony – The PD provides standards to minimize the repetition of home elevations; the straight SF-15 District does not have an anti-monotony requirement. This requirement is in accordance with the recently considered residential development standards.  Open Space – The PD requires a minimum of five acres to be designated for open space; the straight SF-15 District does not have a minimum open space requirement.  Masonry – The PD requires 100% masonry for any portion of a façade facing a street and requires chimneys to be 100% masonry. The straight and SF-15 District allows cementatious fiber for up to 50% of upper story cladding on wall planes on different vertical planes than the lower story. The straight SF-15 District does not have a masonry chimney requirement. This requirement is in accordance with the recently considered residential development standards.  Garages – The PD requires a minimum 25-foot setback between the front facing garage door to the front property line, limits the width of a front facing garage to 50% of the façade, limits the location of a front facing garage to five feet behind the main front façade, and requires that where a home has three or more garage doors, no more than two garage doors shall face the street, unless the garage doors are located behind the main structure. The straight SF-15 District does not have these garage requirements. These requirements are in accordance with the recently considered residential development standards.  Fencing – The PD requires fencing adjacent to open space and hike and bike trails, to be ornamental metal, requires corner lots to have ornamental metal or split rail fencing, requires all wooden fencing to be board-on-board with a top rail, requires the development to establish a common stain color and requires fences to be located at least ten feet behind the front elevation of the main building. The straight SF-15 District does not have these fencing requirements. These requirements are in accordance with the recently considered residential development standards.  Carports – The PD prohibits carports. The straight SF-15 District does not prohibit carports.  Landscaping – The PD requires a minimum of two, four-inch caliper trees to be planted on the side yard of a corner lot. The straight SF-15 District does not have this landscaping requirement. This requirement is in accordance with the recently considered residential development standards. Tracts B and C are intended to accommodate non-residential uses. The rezoning is speculative in nature, since no specific users have been identified. In many instances, the recommended PD standards are greater than the base zoning district standards. But as noted below, the applicant is requesting lesser standards in certain instances. Tract B represents the proposed 7.5-acre PD-Office District which will develop in accordance with the Office (O) District, except the list of permitted uses had been limited, certain development standards have been modified, and additional development standard have been Item 8 Page 5 of 8 provided. The list of permitted uses has been limited to the uses indicated Section B.2 of Exhibit C. The modified and added PD-Office District development standards that vary from straight Office District are as follows:  Maximum Floor Area – The PD allows the maximum floor area to exceed 10,000 square feet if, either the office structure is over 250 feet away from a residential lot, or the office structure is separated by a street. The straight Office District allows the maximum floor area to exceed 10,000 square feet if a structure is over 200 feet away from a residential use or zone.  Landscaping Adjacent to Residential – The PD requires a twenty-five-foot landscape buffer for office structures adjacent to a residentially zoned district, consisting of one, four-inch caliper large evergreen tree, planted on thirty-foot centers and two, three-inch caliper evergreen ornamental trees staggered every fifteen feet. The PD allows the floodplain to count toward the buffer.  Thoroughfare Landscaping - The PD requires a twenty-five-foot landscape buffer consisting of one, four-inch caliper large evergreen tree, planted on thirty-foot centers; one, three-inch caliper ornamental tree, planted on thirty-foot centers; fifteen, five-gallon shrubs, planted on thirty-foot centers; and a two-foot berm. The Office District requires a twenty-five-foot landscape buffer, and one large three-inch caliper tree, on thirty-foot centers, and fifteen shrubs, five gallons in size, per thirty feet of linear frontage.  Architectural Requirements – The PD requires 100% masonry, including brick, stone, and/or stucco, with the primary materials consisting of brick and stone, and requires the styles, materials, and colors of the architecture to be consistent throughout the PD, in accordance with Exhibit G.  Screening Requirements – The PD requires service, mechanical, and utility equipment to be screened from public view. Tract C represents the proposed 35.6-acre PD-Retail District which will develop in accordance with the Retail (R) District, except the list of permitted uses had been limited, certain development standards have been modified, and additional development standard have been provided. It should be noted that the proposed PD-R District, is currently located in the Commercial Corridor (CC) zoning district which does not allow retail or big box uses by right. The modifications to the permitted and prohibited uses, as well as the modified and added PD- Retail District development standards that vary from straight Retail District are as follows:  Permitted Uses – The PD allows for a convenience store with gas pumps as an accessory use, as outlined in Section C.2, Exhibit C, with approval of a SUP. The straight Retail District only permits gas pumps at an intersection of two major thoroughfares; since Prosper Trail is not classified as a major thoroughfare, gas pumps would not be permitted at this intersection.  Prohibited Uses – The PD limits the list of permitted uses, as outlined in Section C.2.  Outdoor Sales and Display – The PD allows for outdoor sales and display in conjunction with a big box use, as outlined in Section C.3, Exhibit C, with approval of a SUP. The straight Retail District does not permit outdoor sales and display.  Thoroughfare Landscaping - The PD requires a twenty-five-foot landscape buffer consisting of one, four-inch caliper large evergreen tree, planted on thirty-foot centers; one, three-inch Item 8 Page 6 of 8 caliper ornamental tree, planted on thirty-foot centers; fifteen, five-gallon shrubs, planted on thirty-foot centers; and a two-foot berm. The Retail District requires a twenty-five-foot landscape buffer, and one large three-inch caliper tree, on thirty-foot centers, and fifteen shrubs, five gallons in size, per thirty feet of linear frontage.  Screening for Loading Areas of Retail Uses Backing a Thoroughfare – As depicted on Exhibit F, the PD requires a thirty-foot landscape buffer when the rear elevation and/or loading zone of a retail use backs to a major and minor thoroughfare, and includes a four-foot berm, one large four-inch caliper evergreen tree, on twenty-foot centers with ten-gallon shrubs planted at the rate of ten shrubs per thirty-foot interval. The Retail District requires a twenty-five-foot landscape buffer, and one large three-inch caliper tree, on thirty-foot centers, and fifteen shrubs, five gallons in size, per thirty feet of linear frontage.  Elevations – Because this is a speculative zoning change request and no commercial users have been identified, the PD requires Planning & Zoning Commission and Town Council approval of a Façade Plan prior to Preliminary Site Plan approval of a major retail tenant (50,000 square feet or larger), in accordance with Exhibit G.  Open Space – The PD requires a minimum of five acres to be designated for open space, which may include detention and floodplain. The Zoning Ordinance requires seven percent (less than three acres) of the net lot area included in a site plan to be open space, and only permits detention ponds with constant water levels or otherwise amenitized to count toward the open space requirement.  Architectural Requirements – The PD requires 100% masonry, including brick, stone, and/or stucco, with the primary materials consisting of brick and stone, and requires the styles, materials, and colors of the architecture to be consistent throughout the PD, in accordance with Exhibit G.  Screening Requirements – The PD requires service, mechanical, and utility equipment to be screened from public view. Future Land Use Plan – The Future Land Use Plan (FLUP) recommends Medium Density Residential and Tollway District for the property. The Medium Density Residential District recommends a maximum of 2.5 dwelling units per acre, with single family residential lot sizes ranging between 12,500 square feet and 20,000 square feet in size. The Dallas North Tollway District recommends a diverse mixture of office, retail, and residential. Thoroughfare Plan – The property has direct access to Dallas Parkway, Prosper Trail (designated as a future four-lane divided thoroughfare), and the future Shawnee Trail, (designated as a future four-lane divided thoroughfare). The zoning exhibit complies with the Thoroughfare Plan. Water and Sanitary Sewer Services – Water and sanitary sewer service will have to be extended to the property either before or with development. Access – Access to the property will be provided from Dallas Parkway, Prosper Trail, and Shawnee Trail. Schools – The property is located within the Prosper Independent School District (PISD). Item 8 Page 7 of 8 Parks – The property is subject to the Town’s park dedication requirements as they exist or may be amended. Any future park sites and hike and bike trail locations will be determined at the time of preliminary plat. Environmental Considerations – The 100-year floodplain located on the property is shown on Exhibits A and D. Legal Obligations and Review: 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 map of the surrounding area 2. Updated Zoning Exhibits A, B, C (redline version indicating changes and “clean version” with incorporated changes), D, E, F, and G (conceptual elevations) 3. Applicant’s Comment Response Letter 4. Applicant’s Tract A Lot Size Chart 5. Applicant’s Zoning Comparison Chart Planning & Zoning Commission Recommendation: At their April 7, 2015, meeting, the Planning & Zoning Commission recommended the Town Council approve the request to rezone 67.7± acres, located on the northwest corner of Prosper Trail and Dallas Parkway, from Single Family-15 (SF-15) and Commercial Corridor (CC) to Planned Development-Single Family/Office/Retail (PD-SF/O/R), by a vote of 7-0, subject to: 1. Approval of the companion Future Land Use Plan amendment (Case CA15-0002), 2. Revising the PD for Tract B to remove the 40% lot coverage requirement from the office tract (standard is max. 30%), 3. Revising the PD to remove outdoor sales and display as a permitted use, 4. Revising the PD to remove convenience store with gas pumps as a permitted use, 5. Revising Exhibit C, Section C.4, 1., to state, “at the time the first Preliminary Site Plan and/or Site Plan is submitted, a detailed material/style plan shall be submitted along with the Façade Plan, to define the architectural character of the property, subject to approval by the Planning & Zoning Commission,” and 6. Revising Exhibit C, Section C.2, to state, “Drive-through restaurants may not be developed adjacent to each other, and a maximum of three drive-through restaurants shall be permitted within the development.” Town Staff Recommendation: Town staff has two options for a recommendation below, subject to the action taken on the previous item, which is an amendment to the Future Land Use Plan. If the amendment to revise the Future Land Use Plan is approved, Town staff recommends the Town Council approve the request to rezone 67.7± acres, located on the northwest corner of Prosper Trail and Dallas Parkway, from Single Family-15 (SF-15) and Commercial Corridor (CC) to Planned Development-Single Family/Office/Retail (PD-SF/O/R), subject to: 1. Revising Exhibit C, Section C.5, 1., g. to require a minimum roof pitch for all pad sites within Tract C. 2. Revising Exhibit C, Section C.4, 1., to require Planning & Zoning Commission and Town Council approval of a detailed material/style plan shall be submitted along with the Façade Item 8 Page 8 of 8 Plan, to define the architectural character of the property at the time the first Preliminary Site Plan and/or Site Plan is submitted. If the amendment to revise the Future Land Use Plan to revise the FLUP is denied, Town staff recommends the Town Council deny the request to rezone 67.7± acres, located on the northwest corner of Prosper Trail and Dallas Parkway, from Single Family-15 (SF-15) and Commercial Corridor (CC) to Planned Development-Single Family/Office/Retail (PD-SF/O/R). Proposed Motion if the Future Land Use Plan Amendment is Approved: I move to approve the request to rezone 67.7± acres, located on the northwest corner of Prosper Trail and Dallas Parkway, from Single Family-15 (SF-15) and Commercial Corridor (CC) to Planned Development-Single Family/Office/Retail (PD-SF/O/R), subject to: 1. Revising Exhibit C, Section C.5, 1., g. to require a minimum roof pitch for all pad sites within Tract C. 2. Revising Exhibit C, Section C.4, 1., to require Planning & Zoning Commission and Town Council approval of a detailed material/style plan shall be submitted along with the Façade Plan, to define the architectural character of the property at the time the first Preliminary Site Plan and/or Site Plan is submitted. Proposed Motion if the Future Land Use Plan Amendment is Denied: I move to deny the request to rezone 67.7± acres, located on the northwest corner of Prosper Trail and Dallas Parkway, from Single Family-15 (SF-15) and Commercial Corridor (CC) to Planned Development-Single Family/Office/Retail (PD-SF/O/R). Item 8 Z14-0005 Tract A Tract B Tract CCAMBRIDGEDRWINDSOR LNBELMONT DR MANORLNVERNON DRRAVENSTONE DRCLAYSHIRE DR SHAWNEETRLW PROSPER TRL NDALLASPKWYMF PD-35 SF-10/12.5 PD-36 SF-10 PD-60 R PD-66 SF PD-66 R PD-66 CC CC CCA CC SF-15 CC ±0 150 300 Feet 1 inch = 300 feet Item 8 P.O.B. F L O OD P LAIN IM P R O V EM E N TS FLOODPLAIN IMPROVEMENTS 100 YR. FLOOD PLAIN 35’ PROPOSED R.O.W. DEDICATION (0.26 AC.) 35’ PROPOSED R.O.W. DEDICATION (0.26 AC.) FUTURE RIGHT TURN LANE R.O.W. (BY SEPARATE INSTURMENT) PROPOSED 11’ DECELERATION LANE R.O.W. (0.03 AC.) APPROXIMATE CENTERLINE LOCATION T.P&L CO. ESMT. VOL. 252 PG. 353 D.R.C.C.T. (NO WIDTH DETERMINED) PROSPER TRAIL PROSPER 67 PARTNERS LTD INST. NO. 20121031001392700 D.R.C.C.T. GROSS ACRES: 23.01 NET ACRES: 22.5 EX. ZONING: SF-15 EX. USE: AGRICULTURE FLUP: MEDIUM DENSITY RESIDENTIAL PROP. ZONING: PD-SF 12.5 PROP. MAX. DENSITY: 2.5 PROP MIN. LOT SIZE: 12,500 PROSPER 67 PARTNERS LTD INST. NO. 20121031001392700 D.R.C.C.T. GROSS ACRES: 35.9 NET ACRES: 33.6 EX. ZONING: COMM CORRIDOR EX. USE: AGRICULTURE FLUP: TOLLWAY DISTRICT PROP. ZONING: PD-R90’ SHAWNEE TRAIL R.O.W. DEDICATION (FUTURE 4-LANE DIVIDED THOROUGHFARE) 110’ R.O.W. PROPOSED ZONINGBOUNDARY: NEIGHBORHOOD SERVICEPROSPER 67 PARTNERS LTD INST. NO. 20121031001392700 D.R.C.C.T. GROSS ACRES: 7.5 NET ACRES: 6.0 EX. ZONING: SF-15/ COMM CORRIDOR EX. USE: AGRICULTURE FLUP: MEDIUM DENSITY RESIDENTIAL PROP. ZONING: PD-NEIGHBORHOOD SERVICE SHAWNEE TRAILFUTUERPROPOSED ZONING BOUNDARY: OFFICE DALLAS PARKWAYFUTUREFLOODP L A I N F L O O D PLAIN APPROX. 782 LF S 00°03'23" E 1421.66'S 89°52'43" E 2114.49'C1C2C3C4N 89°53'39" W 2052.62' APPROX. 1271 LF EXISTING 20’ WIDE ASPHALT ROAD APPROX. 922 LF TO MANOR LANE CENTERLINE 45’ PROSPER TRAIL R.O.W. DEDICATION (FUTURE 4-LANE DIVIDED THOROUGHFARE) 35’ PROPOSED R.O.W. DEDICATION (0.26 AC.)EXISTING INGRESS, EGRESS EASEMENT TO BE DEDICATED AS R.O.W. 35’ PROPOSED R.O.W. DEDICATION (0.26 AC.) FUTURE RIGHT TURN LANE R.O.W. PROPOSED 11’ DECELERATION LANE R.O.W. (0.03 AC.) EXISTING OVERHEARD ELECTRIC TO BE RELOCATED APPROXIMATE CENTERLINE LOCATION T.P&L CO. ESMT. VOL. 252 PG. 353 D.R.C.C.T. (NO WIDTH DETERMINED) PROSPER 67 PARTNERS LTD INST. NO. 20121031001392700 D.R.C.C.T. GROSS ACRES: 18.8 NET ACRES: 14.1 EX. ZONING: SF-15 EX. USE: AGRICULTURE FLUP: MEDIUM DENSITY RESIDENTIAL PROP. ZONING: PD-SF 15 PROP. MAX. DENSITY: 2.5 PROP MIN. LOT SIZE: 13,500 PROSPER 67 PARTNERS LTD INST. NO. 20121031001392700 D.R.C.C.T. GROSS ACRES: 7.5 NET ACRES: 6.0 EX. ZONING: SF-15/ COMM CORRIDOR EX. USE: AGRICULTURE FLUP: MEDIUM DENSITY RESIDENTIAL PROP. ZONING: PD-OFFICE PROSPER 67 PARTNERS LTD INST. NO. 20121031001392700 D.R.C.C.T. GROSS ACRES: 35.6 NET ACRES: 26.4 EX. ZONING: COMM CORRIDOR EX. USE: AGRICULTURE FLUP: TOLLWAY DISTRICT PROP. ZONING: PD-R BLUE STAR ALLEN LAND L.P. EX ZONING: PD-66-SF EX USE: AGRICULTURE FLUP: MEDIUM AND LOW DENSITY RESIDENTIAL C.C.F. NO. 200136300000676920 D.R.C.C.T. 183 LAND CORP, INC. EX ZONING: PD-66-R EX USE: AGRICULTURE FLUP: TOLLWAY DISTRICT C.C.F. NO. 97-0005168 D.R.C.C.T. THE ESTATES AT PROSPER TRAIL INC. EX ZONING: PD-60 EX USE: AGRICULTURE FLUP: LOW DENSITY RESIDENTIAL DOC NO. 2014002000000350 D.R.C.C.T. THE ESTATES AT PROSPER TRAIL INC. EX ZONING: PD-36 EX USE: AGRICULTURE FLUP: MEDIUM DENSITY RESIDENTIAL C.C.F. NO. 2014002000000350 D.R.C.C.T. COTHRAN MALIBU INVESTMENTS EX ZONING: COMM CORRIDOR EX USE: AGRICULTURE FLUP: TOLLWAY DISTRICT VOL. 5537, PG. 532 D.R.C.C.T. DOC NO. 20060912001319330 D.R.C.C.T. DOC NO. 20060612001319220 D.R.C.C.T. 183 LAND CORP, INC. EX ZONING: PD-66-R EX USE: AGRICULTURE FLUP: TOLLWAY DISTRICT C.C.F. NO. 97-0005168 D.R.C.C.T. GENERAL NOTES: 1) THE THOROUGHFARE ALIGNMENT(S) SHOWN ON THIS EXHIBIT ARE FOR ILLUSTRATION PURPOSED AND DOES NOT SET THE ALIGNMENT. THE ALIGNMENT IS DETERMINED AT TIME OF FINAL PLAT 2) CONTOURS ARE SHOWN AT TWO (2) FOOT INCREMENTS 3) ALL THOROUGHFAES AND ROADWAYS SHALL COMPLY WITH THE TOWN’S DESIGN STANDARDS AND FINAL DESIGN WILL BE ADDRESSED AT THE TIME OF SITE PLAN AND FINAL PLAT APPROVAL. 90’ SHAWNEE TRAIL R.O.W. DEDICATION (FUTURE 4-LANE DIVIDED THOROUGHFARE) 100 YR . F L O O D P LA IN DALLAS PARKWAYFUTUREPROSPER TRAIL SHAWNEE TRAILFUTUERMETES AND BOUNDS DESCRIPTION PROSPER 67 PARTNERS LTD. 67.715 AC Tract All that certain tract of parcel of land situated in Lot 12 of the Collin County School Land Survey, Abstract Number 147, County of Collin, State of Texas, said tract being part of a called 85.789 acre tract as described in Deed to JBJ/Calder Fund V Joint Venture and Calder Bros. Co., filed 11 November 2003, and recorded in Volume 5543 page3212 (2003-00223475) of the Real Property Records of the County of Collin, State of Texas, and being more fully described as follows: Beginning for the southwest corner of the tract being described herein at a found survey mark nail, said nail being South 89 degrees 55 minutes 36 seconds East, a distance of 319.88 feet (320') from the southwest corner of said 85.789 acre tract, said nail also being the southeast corner of a called 10.445 acre tract as described in Deed to Mike A. Myers Invest- ment Holding, filed 07 February 2007, and recorded at Clerks File Number 2007-0207000176870 of said Deed Records, said nail also being in Collin County Road Number 4 (also known as West Prosper Trail); Thence: North 00 degrees 03 minutes 23 seconds East, with the east line of said Myers tract, a distance of 1421.66 feet to a set ½ inch Steel Square Tubing with a plastic cap marked “COX 4577” for the northeast corner of said Myers tract, said tubing being South 89 degrees 52 minutes 43 seconds East, a distance of 320.05 feet (320.05') from the northwest corner of said 85.789 acre tract and the northwest corner of said Myers tract; Thence: South 89 degrees 52 minutes 43 seconds East, with the north line of said 85.789 acre tract, a distance of 2114.49 feet to a found ½ inch Steel Rebar for the north east remainder corner of said 85.789 acre tract, and the northest corner of a called 8.134 acre tract as described in Deed to Collin County, Texas filed 12 September 2006 and recorded at Clerk's File No. 2006-1319340 (also known as the North Dallas Tollway); Thence: South 04 degrees 34 minutes 50 seconds West, with the west line of said Tollway, a distance of 263.92 feet to a set ½ inch Steel Tubing with a plastic cap marked “COX 4577” for a corner and the start of a curve to the left whose radius is 574.58 feet, central angle of 02 degrees 17 minutes 28 seconds, and a chord bearing of South 03 degrees 21 minutes 09 seconds, West, a distance of 229.65 feet; Thence: With the west ROW line of said Tollway, an arc length of 229.67 feet to a set survey mark nail for a corner of said Tollway tract; Thence: South 02 degrees 12 minutes 25 seconds West, with the west ROW line of said Tollway, a distance of 435.05 feet to a set ½ inch Steel Square Tubing with a plastic cap mark “COX 4577” for a corner and the start of a curve to the left whose radius 17388.73 feet, central angle of 01 degrees 37 minutes 41 seconds, chord bearing of South 01 degree 23 minutes 35 seconds West, a distance of 494.06 feet; Thence: With the west ROW line of said Tollway, an arc length of 494.08 feet to a set survey mark nail for the southwest corner of said Tollway tract, the southeast remainder corner of said 85.789 acre tract, and in said Collin County Road Number 4; Thence: North 89 degrees 53 minutes 39 seconds West, with the South line of said 85.789 acre tract, and in said road, a distance of 2052.62 feet to the POINT OF BEGINNING and containing 67.715 acres of land. Tract 2: (Easement Estate) Easements created by that certain Signs, Utilities, and Road Easements and Masonry Wall Construction and Mainte- nance Agreement dated February 5, 2007, by and between JBJ/Calder Fund V Joint Venture and Calder Bros. Co., and Mike A. Myers Investment Holdings, L.P., filled February 7, 2007, recorded in Clerk's File No. 20070207000176880, Official Public Records, Collin County, Texas. PROPOSED ZONING BOUNDARY: SF-15 PROPOSED ZONING BOUNDARY: OFFICE PROPOSED ZONINGBOUNDARY: OFFICEPROPOSED ZONINGBOUNDARY: RETAILPROPOSED ZONINGBOUNDARY: RETAILPROPOSED ZONINGBOUNDARY: SF-15110’ R.O.W. US 380 ROCKHILL PKWY FIRST ST FISHTRAP RD PROSPER TRAIL FRONTIER PKWY PANTHER CREEK PKWY COIT RDPRESTON RDLEGACY DRFIELDS RDDALLAS PKWYVICINITY MAP CITY OF PROSPER, TEXAS NORTH PROJECT LOCATION PROSPER CITY LIMITS FRISCO CITY LIMITS DENTON COUNTYCOLLIN COUNTYUS 380 ROCKHILL PKWY FIRST ST FISHTRAP RD PROSPER TRAIL FRONTIER PKWY PANTHER CREEK PKWY COIT RDPRESTON RDLEGACY DRFIELDS RDDALLAS PKWYVICINITY MAP CITY OF PROSPER, TEXAS NORTH PROJECT LOCATION PROSPER CITY LIMITS FRISCO CITY LIMITS DENTON COUNTYCOLLIN COUNTYPLANNER/APPLICANT COLLIN COUNTY SCHOOL LANDS, SURVEY 12 ABSTRACT NO. 147 Z14-0005 PROSPER 67 PARTNERS LTD OUT of THE 5953 DALLAS PARKWAY, SUITE 200-A PH: (214)696-8100 PLANO, TX 75093 OWNER: JONES & CARTER. INC. 6509 WINDCREST DRIVE, SUITE 600 PH: (972)488-3880 PLANO, TX 75024 SURVEYOR: EXHIBIT A ±67.7 AC RES OF LAND TH IS DRA WING IS A PICTOR IAL R EPR ESEN TATION FOR PR ESEN TATION P URPOSES ONLY A ND IS SU BJECT TO CHAN GE. FURTHER, SAID DRA WING IS A SCA NNED IM AGE ONLY A ND IS NOT FOR COMPU TATION OR CON STRUCTION P URPOSES. THIS DRA WING MAY OR MAY NOT INCORP ORATE INFORMATION A ND/OR D ATA P ROV IDED TO BGE | KERRY R. GILBERT & ASSOCIATES BY OTHER CONSU LTAN TS RELATIVE TO EN GIN EERING A ND DRAIN AGE, FL OOD PL AINS A ND EN VIRO NMENTAL ISSU ES A ND SHO ULD NOT BE REL IED U PON FOR ANY P URPOSE. NO WA RRAN TIES, EXPR ESS OR IMPL IED, CO NCE RNING THE ACTUAL D ESIGN, LOCATION, A ND CHARAC TER OF THE FACILI TATES SH OWN ON TH IS MAP ARE IN TENDED. A DDITIONALLY, NO WA RRANTY IS MADE T O THE A CCURACY OF TH E IN FORMATION CONTAINED HER EIN. ©2015 BGE | KER RY R . GIL BERT & ASSOCIATES, ALL R IGH TS R ESER VED ©2015 BG E | KERRY R. GILBE R T & A S S OCI ATES, Al l Rights ReservedBGE | KERRY R. GILBERT & A S S O C I A T E S BG E | K E R R Y R . G ILBERT & ASSOCIATESAUGUST 11, 2015 KGA #I-292A SCALE 0 20010050 – Land Planning Consultants – 2595 Dallas Parkway, Suite 204 Frisco, TX 75034 Tel: 281-579-0340 Item 8 EXHIBIT A-1Item 8 -Exhibit B- Statement of Intent I. Statement of Intent A. Overall Intent This 67 acre property is intended to be developed in a manner that will allow flexibility of uses within the categories of retail, commercial and residential zones. The development will include recreational and detention space and will grow into an active community of mixed uses. B. Description of Property Located at the northwest intersection of the Dallas Parkway and Prosper Trail, this 67.7 acre tract is owned by Avex Group. Shawnee Trail, a four (4) lane divided minor thoroughfare runs north and south through the middle of the property and will provide access to the proposed uses within the development. Driveway access for the development will also be taken off Prosper Trail on the southern boundary of the site and Dallas Parkway along the eastern boundary. A floodplain, open space and detention basin runs east and west through the site along the creek. With the exception of the existing 20 foot wide paving for Prosper Trail along the southern boundary, the subject property is currently vacant. To the north and west of the site is a proposed single family development, Legacy Crossing (PD-36 and PD-60). To the south is the proposed 880 acre Villages of Star Trail, a Planned Development (PD-66) which incorporates single family, office, retail and commercial zoning. Exhibit A and Exhibit D depict the location and boundary of the project. C. Description of Proposed Development The location of this project, at the intersection of a major highway and two thoroughfares, lends itself well for commercial, retail, and/or office development. A mixture of small pad sites, retail centers and large big box retail tracts will allow for a variety of uses, including banks, small offices, restaurants, grocery stores, etc. Additionally, with the site’s close proximity to residential developments, there is an opportunity for large single family lots in the northwest corner of the subject property. The proposed multiple uses are divided into three (3) main categories: office, retail and single family residential. As shown in Exhibit D, the portion of the property west of Shawnee Trail will be single family residential to the north and neighborhood service to the south. The eastern portion of the property, between the future Shawnee Trail and Dallas Parkway, is composed of retail and commercial uses. As mentioned in the previous section, a large east/west detention and open space area divides the property, creating two detention areas, +6.2 acres of detention/open space to the west of Shawnee Trail and +8.9 acres on the eastern side of it. As shown on Exhibit D, a hike and bike trail connecting to the trail in the neighboring development will extend through the property, along the creek. In addition to creating recreational opportunities within the development, the detention/open space areas provide a significant buffer between the residential and neighborhood service areas, as well as between the varying scales of the commercial development. II. Current Zoning and Land Uses A. Current Zoning Classification Between Dallas Parkway and the boundary of the proposed minor thoroughfare, Shawnee Trail, the current zoning is CC-Commercial Corridor District. To the west of the proposed minor thoroughfare boundary, the majority of the property is currently zoned SF-15. Item 8 B. Future Land Use Plan The Future Land Use plan designates the eastern portion of the property as Dallas North Tollway District and the western portion as Medium Density Residential. C. Compatibility with Comprehensive Plan The current designations shown on the Future Land Use map for this area, Medium Density Residential and Dallas North Tollway District, are defined within the Comprehensive Plan to include uses within the classifications of office, retail and residential. In regards to Medium Density Residential, the designation requires lot sizes with a range between 12,500 square feet and 20,000 square feet. In addition to the lot size, the density for Medium Density Residential zones is recommended to be between 1.6-2.5 dwelling units per acre. The average lot size on the proposed concept plan in approximately 15,000 square feet with an approximate density of 1.9 units per acre. This is within the parameters of both the proposed SF-12 zoning district as well as the standards set forth within the Comprehensive Plan. Within the area designated as the Dallas North Tollway District, the proposal of various retail, banking, and restaurant spaces throughout the development meets the intention of providing multiple uses that benefit residents, commuters and visitors of the area. As the area continues to grow and develop, the demand for such spaces will increase, and the location of the site at the intersection of the Tollway and a Minor Thoroughfare will create the convenient access that is conducive to the needs of everyone. 1 Item 8 Exhibit C- Planned Development Standards Conformance with the Town’s Zoning Ordinance and Subdivision Ordinance: Except as otherwise set forth in these Development Standards, the regulations of the Town’s Zoning Ordinance (ordinance No. 05-20 as it exists or may be amended) and the Subdivision Ordinance (As it exists or may be amended) shall apply. Tract A-Single Family 12.5 15 District A.1 Except as noted below, Tract A shall develop in accordance with the Single Family 12.5 15 District as it exists or may be amended. A.2 Uses. The site shall be limited to the following permitted uses. 1. Accessory Building 2. Day Care Center, In-Home C 3. Farm or Ranch 4. Home Occupation C 5. Homebuilder Marketing Center C 6. House of Worship 7. Model Home 8. Municipal Uses Operated by the Town of Prosper 9. Park or Playground 10. Private Street Development C 11. School, Public 12. Single Family Dwelling, Detached A.3 Density: Maximum of 2.5 dua, per gross acreage. A.4 Regulations 1. Minimum Side Yard – Nine (9) feetTen (10) feet, fifteen (15) feet on corner adjacent to a side street. 2. Minimum Front Yard – Thirty (30) feet, twenty five (25) on cul de sac lots 3. Minimum Rear Yard- Twenty (20) feet 4. Minimum Lot Area- a. A maximum of three (3) lots within Tract A may be less than 15,000 square feet. These lots must have a minimum square footage of 13,500. b. Minimum average lot area of all lots within Tract A must be no less than 15,000 square feet 2.5. Minimum Lot Width – 90 feet100 feet 3.6. Minimum Lot Depth - One hundred and thirty five (135) feet. i. When located on a cul-de-sac, the lot depth may be a minimum of 125 feet, so long as the minimum lot area is met. 4.7. Minimum Dwelling Area – 2,000 square feet 5. Minimum Average Lot Square Footage – 15,000 square feet. a. The average square footage of all lots within Tract A must be no less than 15,000 square feet. 6.8. Maximum Impervious Coverage a. The cumulative area of any driveway plus any impermeable surface area located between the front property line and any front building wall shall not exceed fifty (50) percent of the area between the front property line and any front building wall. The front wall of a j-swing wall can be used to meet the requirement. 1 Item 8 7.9. Alternating Single Family Plan Elevations (Anti-Monotony) a. A minimum of four (4) distinctly different home elevations shall be built on the same side of the street. Similar elevations shall not face each other. The same elevation shall not be within three homes of each other on the same side of the street. b. Different exterior elevations can be met by meeting at least two of the following criteria: i. Different roof forms/profiles ii. Different façades consisting of different window and door style and placement iii. Different entry treatment such as porches and columns iv. Different number of stories 8.10. Open Space Requirements: a. Within the SF-12.515 District, a minimum of 5 Acres of open space is required. This space may include detention and floodplain areas and must contain landscaping and amenities where applicable. i. An eight (8) foot wide hike and bike Trail connecting to the overall trail plan must be located with this area. ii. Landscaping (Trees and/or shrubs) must be planted along the northern edge of the hike and bike trial, between the trail and the back of the residential lots. 9.11. Additional Masonry Requirements: a. Excluding windows, any portion of an upper story facing a street shall be constructed of 100% masonry. b. Chimneys shall be clad with 100% clay fired brick, natural or manufactured stone or stucco. 10.12. Garage Requirements: a. In no instance shall a garage door directly facing a street be less than 25 feet from the property line. b. Garage doors directly facing a street shall not occupy more than fifty percent (50%) of the width of the front façade of the house. c. Garage doors directly facing a street shall be located a minimum of five (5) feet behind the main front façade of the house. d. Where a home has three (3) or more garage/enclosed parking spaces, no more than two (2) garage doors shall face the street, unless the garage doors are located behind the main structure. 11.13. Fencing Requirements: a. Privacy fences on single family residential lots shall be located a minimum of ten (10) feet behind the front elevation of the main building and shall not exceed eighth (8) feet in height above grade. b. Wood fences shall be board on board with a top rail. A common fence stain color shall be established for the development by the developer/HOA. c. Fences adjacent to open space and hike and bike trails shall be ornamental metal, tubular steel or split rail. d. Fences on corner lots shall be ornamental metal, tubular steel or split rail. 12.14. Carports are prohibited. 13.15. Additional Tree Requirements. a. A minimum of two (2), four (4) caliper inch trees shall be planted in the side yard of a corner lot. Where more than two (2) trees are required per lot, the side yard corner lot trees may be used to meet the requirement. 2 Item 8 Tract B Office District B.1 Except as noted below, Tract B shall develop in accordance with the Office District as it exists or may be amended. B.2 Uses. Uses shall be permitted in accordance with the Office District with the exception of the following uses which shall be prohibited: 1. Athletic Stadium or Field, Public 2. Cemetery or Mausoleum 3. Civic/Convention Center 4. Commercial Amusement, Indoor 5. Golf Course and/or Country Club 6. Private Boarding School 7. Recycling Collection Point 8. Rehabilitation Care Institution 9. Restaurants with Drive-up or Drive-through service 10. School District Bus Yard 11. Sewage Treatment Plant/Pumping Station 12. Telephone Exchange 13. Utility Distribution/Transmission Facility 14. Water Treatment Plant B.3 Regulations 1. Lot Coverage-Maximum of forty (40) thirty (30) percent a. Lot coverage is defined as the area covered by the building footprint 2. Maximum Floor Area- Ten thousand (10,000) square feet b. The maximum floor area may exceed ten thousand (10,000) square feet under either of the following conditions i. The entire structure is in excess of two hundred and fifty (250) feet from a residential lot. ii. The structure is separated from a residential lot by a public right of way. 3. Landscape Buffer- a. A minimum of a twenty-five (25) foot landscaped buffer shall be required when adjacent to any residential zoning district. i. Planting Standards within Buffer 1. Four (4) inch caliber large evergreen trees shall be planted every thirty (30) feet on center. 2. Two (2) to three (3) inch caliper evergreen ornamental trees shall be staggered every fifteen (15) feet to provide a solid living screen. a. When the required open space for the planned development is located between the office and residential zones, it may count toward the required 25’ buffer, provided that the above mentioned landscape requirements are met. b. A minimum of a twenty-five (25) foot landscape buffer is required along Shawnee Trail and Prosper Trail i. Planting Standards within Buffer 1. One- 4 inch caliber evergreen trees shall be planted per thirty (30) linear feet of frontage. These trees may be planted in groups with appropriate spacing for species. 2. One - 3 inch caliper ornamental trees shall be planted per thirty (30) linear feet of frontage. These trees may be planted in groups with appropriate spacing for species. 3 Item 8 3. A minimum of fifteen (15) shrubs with a minimum size of five (5) gallons each shall be planted in the landscape area for every thirty (30) feet of frontage. Where parking spaces face the right-of-way, a second row of shrubs may be required in order to further screen the parking lot from view. 4. In addition to the tree and shrub requirements, berms with a minimum height of two (2) feet must be provided within the landscape buffer. 4. Façade Plan and Architectural Style Approval c.a. Upon submittal of the first Preliminary Site Plan and/or Site Plan, a detailed style/material plan shall be submitted along with the Façade Plan for Planning and Zoning Commission and City Council approval. B.4 Design Guidelines 1. Architectural standards a. Buildings must be 100% masonry, excluding windows, doors, trim and accent materials. i. Masonry materials include brick, stone, and/or stucco. ii. The primary material shall be Brick and/or Stone. Stucco may be used as an accent not to exceed 20% of any exterior elevation. b. No more than 3 different exterior materials/colors may be used on any building c. The style of all buildings must be consistent and in keeping with the style of the entire Planned Development as shown on the conceptual elevations (Exhibit G). d. All materials and exterior colors shall be compatible with those used throughout the development as well as any similar developments adjacent to the Planned Development. e. Building articulation is required on all elevations. This may be achieved through recessed or projecting architectural elements, variation in roof line, etc. f. No single finish shall cover more than eighty (80) percent of the front of any building. g. Pitched Roofs should be considered for are required for all development within Tract B. When utilized, tThe minimum roof pitch permitted is 64:12. 2. Screening a. Service, Mechanical and Utility Equipment i. All service, mechanical and/or utility equipment shall be completely screened from public view by architectural screens, fences and/or landscaping. ii. Trash cans and dumpster locations shall be permanently fenced or screened with enclosures rendering these functions hidden from public view. These enclosures shall be reinforced masonry and must match the materials used on the primary structure. Solid metal gates a minimum of six (6) feet in height must be provided. iii. When possible, all service areas and mechanical equipment shall be located at the rear of the building and out of view of the roadways. 4 Item 8 Tract C Retail District C.1 Except as noted below, the Tract shall develop in accordance with the Retail District as it exists or may be amended. C.2 Uses. Uses shall be permitted in accordance with the Retail District with the exception of the following: Permitted with Special Use Permit: 1. Convenience store with Gas Pumps as an Accessory Use a. Accessory gas pumps are only allowed as an accessory use to a big box tenant and are subject to the following development standards i. Accessory gas pumps must be located on the same lot as a big box tenant ii. Convenience store with gas pumps is permitted only within two hundred and fifty (250) feet of the right-of-way line of Dallas Parkway iii. Accessory gas pumps shall be located at least two hundred and fifty (250) feet from a property line of a residential lot. iv. Canopies shall have pitched roofs (min. roof pitch of 4:12) and the color and style of the metal roof on the gas station canopy shall be consistent with the metal roof on the big box building. v. Canopy support columns shall be fully encases with masonry materials that are complimentary to that used on the main building. vi. The canopy band face shall be a color consistent with the main structure and may not be backlit or used as signage. vii. Use shall be removed if closed for more than six (6) months, including reclassification of fuel tanks per TCEQ Regulations. viii. A raised landscape planter of the same material as the masonry columns shall be provided at both ends of all pump islands. Prohibited Uses: 1. Athletic Stadium or Field, Private 2. Athletic Stadium or Field, Public 3. Cemetery/Mausoleum 4. Commercial Amusement, Outdoor 5. Recycling Collection Point 6. School District Bus Yard 7. Sewage Treatment Plant/Pumping Station 8. Trailer Rental 9. Utility Distribution/Transmission Facility 10. Water Treatment Plant C.3 Regulations 1. Outdoor sales and display shall be permitted with a special use permit but are limited to a big box use and subject to the following conditions: a. Shall be located within 25 feet of the front of the main building. b. Shall not block or impair sidewalks, ADA access, doorways or fire lanes. c. Shall not be displayed or stored on wooden crates, cardboard boxes, plastic cling wrap or in a fashion that resembles open storage of materials. d. Permitted merchandise shall be seasonal and may include, but is not limited to: Christmas trees, flowers, landscaping materials, and outdoor furniture. 2. Lot Coverage-Maximum of forty (40) percent a. Lot coverage is defined as the area covered by the building footprint 5 Item 8 3. Drive-Thru Restaurants may not be located adjacent to each other and a maximum of three (3) drive-thru restaurants shall be permitted within the development. 43. Screening/Buffering a. A minimum of a twenty-five (25) foot landscape buffer is required along Prosper Trail and a minimum thirty (30) foot buffer is required along Dallas Parkway. i. Planting Standards within Buffer 1. One- 4 inch caliber evergreen trees shall be planted per thirty (30) linear feet of frontage. These trees may be planted in groups with appropriate spacing for species. 2. One - 3 inch caliper ornamental trees shall be planted per thirty (30) linear feet of frontage. These trees may be planted in groups with appropriate spacing for species. 3. A minimum of fifteen (15) shrubs with a minimum size of five (5) gallons each shall be planted in the landscape area for every thirty (30) feet of frontage. Where parking spaces face the right-of-way, a second row of shrubs may be required in order to further screen the parking lot from view. 4. In addition to the tree and shrub requirements, berms with a minimum height of two (2) feet must be provided within the landscape buffer. b. In addition to all screening requirements listed in Chapter 4, Section 5 of the Town of Prosper Zoning Ordinance, a minimum of a thirty (30) foot landscape buffer is required when the rear elevation and/or loading zone of any retail use backs a major or minor thoroughfare. This space shall be made up of a mixture of traditional landscape and four (4) foot landscaped berms in order to adequately screen the area. i. Planting Standards within Buffer a. One large evergreen tree, a minimum of four (4) inch caliber, must be planted for every 20 linear feet of street frontage. b. Ten (10) gallon shrubs shall be provided at a rate of 10 shrubs per 30 linear feet of street frontage. ii. A minimum of twenty (20) feet of the landscape buffer shall be exclusive of all utility easements, right turn lanes, drainage easements, and right of ways. None of the required trees and/or shrubs shall be located within any utility easement. C.4 Additional Standards 1. Elevation Review and Approval a. Any major tenant shall submit building elevations for review and approval by the Town of Prosper Planning and Zoning Commission and Town Council. If desired, this process may be completed simultaneously with Preliminary Site Plan Review. However, preliminary site plan approval would be contingent on approval of the building elevations. i. A major tenant is defined as any single building or use in excess of 50,000 square feet. Any attached retail component is also subject to the above mentioned approval process. ii. The plan must reflect the general concept developed in the conceptual elevations (Exhibit D). Changes to materials and architectural elements is permitted so long as the original character is maintained and all design guidelines specified within this document are adhered too. 2. Open Space/Detention a. Within the Retail District, a minimum of 6 Acres of open space is required. This space may include detention and floodplain areas and will contain landscaping and amenities where applicable. 6 Item 8 i. An eight (8) foot wide hike and bike Trail connecting to the overall trail plan will be located with this area. ii. Detention/Retention a. Detention located within the Floodplain must meet all Town of Prosper, FEMA and all other applicable regulations. C.5 Design Guidelines 1. Architectural standards a. Buildings must be 100% masonry, excluding windows, doors, trim and accent materials. i. Masonry materials include brick, stone, and/or stucco. ii. The primary material shall be Brick and/or Stone. Stucco may be used as an accent not to exceed 20% of any exterior elevation. b. No more than 3 different exterior materials/colors may be used on any building c. The style of all buildings must be consistent and in keeping with the style of the entire Planned Development as shown on the conceptual elevations (Exhibit G). d. All materials and exterior colors shall be compatible with those used throughout the development as well as any similar developments adjacent to the Planned Development. e. Building articulation is required on all elevations. This may be achieved through recessed or projecting architectural elements, variation in roof line, etc. f. No single finish shall cover more than eighty (80) percent of the front of any building. g. Pitched Roofs should be considered for all Pad Sites Tract C. When utilized, the minimum roof pitch permitted is 6:12. 2. Screening a. Service, Mechanical and Utility Equipment i. All service, mechanical and/or utility equipment shall be completely screened from public view by architectural screens, fences and/or landscaping. ii. Trash cans and dumpster locations shall be permanently fenced or screened with enclosures rendering these functions hidden from public view. These enclosures shall be reinforced masonry and must match the materials used on the primary structure. Solid metal gates a minimum of six (6) feet in height must be provided. iii. When possible, all service areas and mechanical equipment shall be located at the rear of the building and out of view of the roadways. 7 Item 8 Exhibit C- Planned Development Standards Conformance with the Town’s Zoning Ordinance and Subdivision Ordinance: Except as otherwise set forth in these Development Standards, the regulations of the Town’s Zoning Ordinance (ordinance No. 05-20 as it exists or may be amended) and the Subdivision Ordinance (As it exists or may be amended) shall apply. Tract A-Single Family 15 District A.1 Except as noted below, Tract A shall develop in accordance with the Single Family 15 District as it exists or may be amended. A.2 Uses. The site shall be limited to the following permitted uses. 1. Accessory Building 2. Day Care Center, In-Home C 3. Farm or Ranch 4. Home Occupation C 5. Homebuilder Marketing Center C 6. House of Worship 7. Model Home 8. Municipal Uses Operated by the Town of Prosper 9. Park or Playground 10. Private Street Development C 11. School, Public 12. Single Family Dwelling, Detached A.3 Density: Maximum of 2.5 dua, per gross acreage. A.4 Regulations 1. Minimum Side Yard – Ten (10) feet, fifteen (15) feet on corner adjacent to a side street. 2. Minimum Front Yard – Thirty (30) feet, twenty five (25) on cul de sac lots 3. Minimum Rear Yard- Twenty (20) feet 4. Minimum Lot Area- a. A maximum of three (3) lots within Tract A may be less than 15,000 square feet. These lots must have a minimum square footage of 13,500. b. Minimum average lot area of all lots within Tract A must be no less than 15,000 square feet 5. Minimum Lot Width – 100 feet 6. Minimum Lot Depth - One hundred and thirty five (135) feet. i. When located on a cul-de-sac, the lot depth may be a minimum of 125 feet, so long as the minimum lot area is met. 7. Minimum Dwelling Area – 2,000 square feet 8. Maximum Impervious Coverage a. The cumulative area of any driveway plus any impermeable surface area located between the front property line and any front building wall shall not exceed fifty (50) percent of the area between the front property line and any front building wall. The front wall of a j-swing wall can be used to meet the requirement. 9. Alternating Single Family Plan Elevations (Anti-Monotony) a. A minimum of four (4) distinctly different home elevations shall be built on the same side of the street. Similar elevations shall not face each other. The same elevation shall not be within three homes of each other on the same side of the street. 1 Item 8 b. Different exterior elevations can be met by meeting at least two of the following criteria: i. Different roof forms/profiles ii. Different façades consisting of different window and door style and placement iii. Different entry treatment such as porches and columns iv. Different number of stories 10. Open Space Requirements: a. Within the SF-15 District, a minimum of 5 Acres of open space is required. This space may include detention and floodplain areas and must contain landscaping and amenities where applicable. i. An eight (8) foot wide hike and bike Trail connecting to the overall trail plan must be located with this area. ii. Landscaping (Trees and/or shrubs) must be planted along the northern edge of the hike and bike trial, between the trail and the back of the residential lots. 11. Additional Masonry Requirements: a. Excluding windows, any portion of an upper story facing a street shall be constructed of 100% masonry. b. Chimneys shall be clad with 100% clay fired brick, natural or manufactured stone or stucco. 12. Garage Requirements: a. In no instance shall a garage door directly facing a street be less than 25 feet from the property line. b. Garage doors directly facing a street shall not occupy more than fifty percent (50%) of the width of the front façade of the house. c. Garage doors directly facing a street shall be located a minimum of five (5) feet behind the main front façade of the house. d. Where a home has three (3) or more garage/enclosed parking spaces, no more than two (2) garage doors shall face the street, unless the garage doors are located behind the main structure. 13. Fencing Requirements: a. Privacy fences on single family residential lots shall be located a minimum of ten (10) feet behind the front elevation of the main building and shall not exceed eighth (8) feet in height above grade. b. Wood fences shall be board on board with a top rail. A common fence stain color shall be established for the development by the developer/HOA. c. Fences adjacent to open space and hike and bike trails shall be ornamental metal, tubular steel or split rail. d. Fences on corner lots shall be ornamental metal, tubular steel or split rail. 14. Carports are prohibited. 15. Additional Tree Requirements. a. A minimum of two (2), four (4) caliper inch trees shall be planted in the side yard of a corner lot. Where more than two (2) trees are required per lot, the side yard corner lot trees may be used to meet the requirement. 2 Item 8 Tract B Office District B.1 Except as noted below, Tract B shall develop in accordance with the Office District as it exists or may be amended. B.2 Uses. Uses shall be permitted in accordance with the Office District with the exception of the following uses which shall be prohibited: 1. Athletic Stadium or Field, Public 2. Cemetery or Mausoleum 3. Civic/Convention Center 4. Commercial Amusement, Indoor 5. Golf Course and/or Country Club 6. Private Boarding School 7. Recycling Collection Point 8. Rehabilitation Care Institution 9. Restaurants with Drive-up or Drive-through service 10. School District Bus Yard 11. Sewage Treatment Plant/Pumping Station 12. Telephone Exchange 13. Utility Distribution/Transmission Facility 14. Water Treatment Plant B.3 Regulations 1. Lot Coverage-Maximum of thirty (30) percent a. Lot coverage is defined as the area covered by the building footprint 2. Maximum Floor Area- Ten thousand (10,000) square feet b. The maximum floor area may exceed ten thousand (10,000) square feet under either of the following conditions i. The entire structure is in excess of two hundred and fifty (250) feet from a residential lot. ii. The structure is separated from a residential lot by a public right of way. 3. Landscape Buffer- a. A minimum of a twenty-five (25) foot landscaped buffer shall be required when adjacent to any residential zoning district. i. Planting Standards within Buffer 1. Four (4) inch caliber large evergreen trees shall be planted every thirty (30) feet on center. 2. Two (2) to three (3) inch caliper evergreen ornamental trees shall be staggered every fifteen (15) feet to provide a solid living screen. a. When the required open space for the planned development is located between the office and residential zones, it may count toward the required 25’ buffer, provided that the above mentioned landscape requirements are met. b. A minimum of a twenty-five (25) foot landscape buffer is required along Shawnee Trail and Prosper Trail i. Planting Standards within Buffer 1. One- 4 inch caliber evergreen trees shall be planted per thirty (30) linear feet of frontage. These trees may be planted in groups with appropriate spacing for species. 2. One - 3 inch caliper ornamental trees shall be planted per thirty (30) linear feet of frontage. These trees may be planted in groups with appropriate spacing for species. 3 Item 8 3. A minimum of fifteen (15) shrubs with a minimum size of five (5) gallons each shall be planted in the landscape area for every thirty (30) feet of frontage. Where parking spaces face the right-of-way, a second row of shrubs may be required in order to further screen the parking lot from view. 4. In addition to the tree and shrub requirements, berms with a minimum height of two (2) feet must be provided within the landscape buffer. 4. Façade Plan and Architectural Style Approval a. Upon submittal of the first Preliminary Site Plan and/or Site Plan, a detailed style/material plan shall be submitted along with the Façade Plan for Planning and Zoning Commission and City Council approval. B.4 Design Guidelines 1. Architectural standards a. Buildings must be 100% masonry, excluding windows, doors, trim and accent materials. i. Masonry materials include brick, stone, and/or stucco. ii. The primary material shall be Brick and/or Stone. Stucco may be used as an accent not to exceed 20% of any exterior elevation. b. No more than 3 different exterior materials/colors may be used on any building c. The style of all buildings must be consistent and in keeping with the style of the entire Planned Development as shown on the conceptual elevations (Exhibit G). d. All materials and exterior colors shall be compatible with those used throughout the development as well as any similar developments adjacent to the Planned Development. e. Building articulation is required on all elevations. This may be achieved through recessed or projecting architectural elements, variation in roof line, etc. f. No single finish shall cover more than eighty (80) percent of the front of any building. g. Pitched Roofs are required for all development within Tract B. The minimum roof pitch permitted is 4:12. 2. Screening a. Service, Mechanical and Utility Equipment i. All service, mechanical and/or utility equipment shall be completely screened from public view by architectural screens, fences and/or landscaping. ii. Trash cans and dumpster locations shall be permanently fenced or screened with enclosures rendering these functions hidden from public view. These enclosures shall be reinforced masonry and must match the materials used on the primary structure. Solid metal gates a minimum of six (6) feet in height must be provided. iii. When possible, all service areas and mechanical equipment shall be located at the rear of the building and out of view of the roadways. 4 Item 8 Tract C Retail District C.1 Except as noted below, the Tract shall develop in accordance with the Retail District as it exists or may be amended. C.2 Uses. Uses shall be permitted in accordance with the Retail District with the exception of the following: Permitted with Special Use Permit: 1. Convenience store with Gas Pumps as an Accessory Use a. Accessory gas pumps are only allowed as an accessory use to a big box tenant and are subject to the following development standards i. Accessory gas pumps must be located on the same lot as a big box tenant ii. Convenience store with gas pumps is permitted only within two hundred and fifty (250) feet of the right-of-way line of Dallas Parkway iii. Accessory gas pumps shall be located at least two hundred and fifty (250) feet from a property line of a residential lot. iv. Canopies shall have pitched roofs (min. roof pitch of 4:12) and the color and style of the metal roof on the gas station canopy shall be consistent with the metal roof on the big box building. v. Canopy support columns shall be fully encases with masonry materials that are complimentary to that used on the main building. vi. The canopy band face shall be a color consistent with the main structure and may not be backlit or used as signage. vii. Use shall be removed if closed for more than six (6) months, including reclassification of fuel tanks per TCEQ Regulations. viii. A raised landscape planter of the same material as the masonry columns shall be provided at both ends of all pump islands. Prohibited Uses: 1. Athletic Stadium or Field, Private 2. Athletic Stadium or Field, Public 3. Cemetery/Mausoleum 4. Commercial Amusement, Outdoor 5. Recycling Collection Point 6. School District Bus Yard 7. Sewage Treatment Plant/Pumping Station 8. Trailer Rental 9. Utility Distribution/Transmission Facility 10. Water Treatment Plant C.3 Regulations 1. Outdoor sales and display shall be permitted with a special use permit but are limited to a big box use and subject to the following conditions: a. Shall be located within 25 feet of the front of the main building. b. Shall not block or impair sidewalks, ADA access, doorways or fire lanes. c. Shall not be displayed or stored on wooden crates, cardboard boxes, plastic cling wrap or in a fashion that resembles open storage of materials. d. Permitted merchandise shall be seasonal and may include, but is not limited to: Christmas trees, flowers, landscaping materials, and outdoor furniture. 2. Lot Coverage-Maximum of forty (40) percent a. Lot coverage is defined as the area covered by the building footprint 5 Item 8 3. Drive-Thru Restaurants may not be located adjacent to each other and a maximum of three (3) drive-thru restaurants shall be permitted within the development. 4. Screening/Buffering a. A minimum of a twenty-five (25) foot landscape buffer is required along Prosper Trail and a minimum thirty (30) foot buffer is required along Dallas Parkway. i. Planting Standards within Buffer 1. One- 4 inch caliber evergreen trees shall be planted per thirty (30) linear feet of frontage. These trees may be planted in groups with appropriate spacing for species. 2. One - 3 inch caliper ornamental trees shall be planted per thirty (30) linear feet of frontage. These trees may be planted in groups with appropriate spacing for species. 3. A minimum of fifteen (15) shrubs with a minimum size of five (5) gallons each shall be planted in the landscape area for every thirty (30) feet of frontage. Where parking spaces face the right-of-way, a second row of shrubs may be required in order to further screen the parking lot from view. 4. In addition to the tree and shrub requirements, berms with a minimum height of two (2) feet must be provided within the landscape buffer. b. In addition to all screening requirements listed in Chapter 4, Section 5 of the Town of Prosper Zoning Ordinance, a minimum of a thirty (30) foot landscape buffer is required when the rear elevation and/or loading zone of any retail use backs a major or minor thoroughfare. This space shall be made up of a mixture of traditional landscape and four (4) foot landscaped berms in order to adequately screen the area. i. Planting Standards within Buffer a. One large evergreen tree, a minimum of four (4) inch caliber, must be planted for every 20 linear feet of street frontage. b. Ten (10) gallon shrubs shall be provided at a rate of 10 shrubs per 30 linear feet of street frontage. ii. A minimum of twenty (20) feet of the landscape buffer shall be exclusive of all utility easements, right turn lanes, drainage easements, and right of ways. None of the required trees and/or shrubs shall be located within any utility easement. C.4 Additional Standards 1. Elevation Review and Approval a. Any major tenant shall submit building elevations for review and approval by the Town of Prosper Planning and Zoning Commission and Town Council. If desired, this process may be completed simultaneously with Preliminary Site Plan Review. However, preliminary site plan approval would be contingent on approval of the building elevations. i. A major tenant is defined as any single building or use in excess of 50,000 square feet. Any attached retail component is also subject to the above mentioned approval process. ii. The plan must reflect the general concept developed in the conceptual elevations (Exhibit D). Changes to materials and architectural elements is permitted so long as the original character is maintained and all design guidelines specified within this document are adhered too. 2. Open Space/Detention a. Within the Retail District, a minimum of 6 Acres of open space is required. This space may include detention and floodplain areas and will contain landscaping and amenities where applicable. 6 Item 8 i. An eight (8) foot wide hike and bike Trail connecting to the overall trail plan will be located with this area. ii. Detention/Retention a. Detention located within the Floodplain must meet all Town of Prosper, FEMA and all other applicable regulations. C.5 Design Guidelines 1. Architectural standards a. Buildings must be 100% masonry, excluding windows, doors, trim and accent materials. i. Masonry materials include brick, stone, and/or stucco. ii. The primary material shall be Brick and/or Stone. Stucco may be used as an accent not to exceed 20% of any exterior elevation. b. No more than 3 different exterior materials/colors may be used on any building c. The style of all buildings must be consistent and in keeping with the style of the entire Planned Development as shown on the conceptual elevations (Exhibit G). d. All materials and exterior colors shall be compatible with those used throughout the development as well as any similar developments adjacent to the Planned Development. e. Building articulation is required on all elevations. This may be achieved through recessed or projecting architectural elements, variation in roof line, etc. f. No single finish shall cover more than eighty (80) percent of the front of any building. g. Pitched Roofs should be considered for all Pad Sites Tract C. When utilized, the minimum roof pitch permitted is 6:12. 2. Screening a. Service, Mechanical and Utility Equipment i. All service, mechanical and/or utility equipment shall be completely screened from public view by architectural screens, fences and/or landscaping. ii. Trash cans and dumpster locations shall be permanently fenced or screened with enclosures rendering these functions hidden from public view. These enclosures shall be reinforced masonry and must match the materials used on the primary structure. Solid metal gates a minimum of six (6) feet in height must be provided. iii. When possible, all service areas and mechanical equipment shall be located at the rear of the building and out of view of the roadways. 7 Item 8 P.O.B. P-1 P-2 P-3 P-3 P-4 R-2 R-2 R-3 R-4 R-5 OPEN SPACE/DETENTION/FLOODPLAIN ±6.2 Ac. OPEN SPACE/DETENTION/FLOODPLAIN ±9.0 Ac. RECLAIM E D F L O O D P L A I N RECL A I M E D F L O O D P L A I N FLOO D P L A I N EXISTING 30’ HIKE AND BIKE TRAIL EASEMENT C R E EK CENTERLINE 35’ PROPOSED R.O.W. DEDICATION (0.26 AC.) 35’ PROPOSED R.O.W. DEDICATION (0.26 AC.) FUTURE RIGHT TURN LANE R.O.W. (BY SEPARATE INSTURMENT) PROPOSED 11’ DECELERATION LANE R.O.W. (0.03 AC.) APPROXIMATE CENTERLINE LOCATION T.P&L CO. ESMT. VOL. 252 PG. 353 D.R.C.C.T. (NO WIDTH DETERMINED)60’ R.O.W.90’ MINOR THOROUHFARE R.O.W. DEDICATION (FUTURE 4-LANE DIVIDED THOROUGHFARE)DALLAS NORTH TOLLWAYPROSPER TRAIL SHAWNEE TRAILPROSPER 67 PARTNERS LTD INST. NO. 20121031001392700 D.R.C.C.T. GROSS ACRES: 7.5 NET ACRES: 6.0 EX. ZONING: SF-15/ COMM CORRIDOR EX. USE: AGRICULTURE FLUP: MEDIUM DENSITY RESIDENTIAL PROP. ZONING: PD-NEIGHBORHOOD SERVICE PROSPER 67 PARTNERS LTD INST. NO. 20121031001392700 D.R.C.C.T. GROSS ACRES: 35.6 NET ACRES: 26.4 EX. ZONING: COMM CORRIDOR EX. USE: AGRICULTURE FLUP: TOLLWAY DISTRICT PROP. ZONING: PD-R 110’ R.O.W. DOC NO. 20060912001319330 D.R.C.C.T. DOC NO. 20060612001319220 D.R.C.C.T. CONNECTION TO EXISTING 30’ HIKE AND BIKE TRAIL EASEMENT (10’ TRAIL) FLOODPLAIN ZONING BOUNDARY: OFFICE ZONING BOUNDARY: SF-12.5 TRACT A TRACT C TRACT B PROSPER 67 PARTNERS LTD INST. NO. 20121031001392700 D.R.C.C.T. GROSS ACRES: 18.8 NET ACRES: 14.1 EX. ZONING: SF-15 EX. USE: AGRICULTURE FLUP: MEDIUM DENSITY RESIDENTIAL PROP. ZONING: PD-SF 15 PROP. MAX. DENSITY: 2.5 PROP MIN. LOT SIZE: 12,500 PROSPER 67 PARTNERS LTD INST. NO. 20121031001392700 D.R.C.C.T. GROSS ACRES: 18.8 NET ACRES: 14.1 EX. ZONING: SF-15 EX. USE: AGRICULTURE FLUP: MEDIUM DENSITY RESIDENTIAL PROP. ZONING: PD-SF 15 PROP. MAX. DENSITY: 2.5 PROP MIN. LOT SIZE: 12,500 PROP MIN. AVG. LOT SIZE: 15,000 FLOODP L A I N F L O O D PLAIN APPROX. 782 LF S 00°03'23" E 1421.66'S 89°52'43" E 2114.49'C1C2C3C4N 89°53'39" W 2052.62' APPROX. 1271 LF APPROX. 595 LF APPROX. 676 LF APPROX. 435 LF APPROX. 485 LF EXISTING 20’ WIDE ASPHALT ROAD45’ PROSPER TRAIL R.O.W. DEDICATION (FUTURE 4-LANE DIVIDED THOROUGHFARE) 35’ PROPOSED R.O.W. DEDICATION (0.26 AC.)EXISTING INGRESS, EGRESS EASEMENT TO BE DEDICATED AS R.O.W. 35’ PROPOSED R.O.W. DEDICATION (0.26 AC.) FUTURE RIGHT TURN LANE R.O.W. (BY SEPARATE INSTURMENT) PROPOSED 11’ DECELERATION LANE R.O.W. (0.03 AC.) EXISTING OVERHEARD ELECTRIC TO BE RELOCATED APPROXIMATE CENTERLINE LOCATION T.P&L CO. ESMT. VOL. 252 PG. 353 D.R.C.C.T. (NO WIDTH DETERMINED) BLUE STAR ALLEN LAND L.P. EX ZONING: PD-66-SF EX USE: AGRICULTURE FLUP: MEDIUM AND LOW DENSITY RESIDENTIAL C.C.F. NO. 200136300000676920 D.R.C.C.T. 183 LAND CORP, INC. EX ZONING: PD-66-R EX USE: AGRICULTURE FLUP: TOLLWAY DISTRICT C.C.F. NO. 97-0005168 D.R.C.C.T. COTHRAN MALIBU INVESTMENTS EX ZONING: COMM CORRIDOR EX USE: AGRICULTURE FLUP: TOLLWAY DISTRICT VOL. 5537, PG. 532 D.R.C.C.T. DOC NO. 20060912001319330 D.R.C.C.T. DOC NO. 20060612001319220 D.R.C.C.T. 183 LAND CORP, INC. EX ZONING: PD-66-R EX USE: AGRICULTURE FLUP: TOLLWAY DISTRICT C.C.F. NO. 97-0005168 D.R.C.C.T. GENERAL NOTES: 1) ALL FINISHED FLOOR ELEVATIONS WILL BE A MINIMUM OF TWO FEET ABOUE THE BASE FLOOD ELEVATION. 2) THE THOROUGHFARE ALIGNMENT(S) SHOWN ON THIS EXHIBIT ARE FOR ILLUSTRATION PURPOSED AND DOES NOT SET THE ALIGNMENT. THE ALIGNMENT IS DETERMINED AT TIME OF FINAL PLAT 3) ALL THOROUGHFARES, DRIVEWAYS, TURN LANES AND MEDIAN OPENINGS SHALL COMPLY WITH THE TOWN’S DESIGN STANDARDS AND FINAL DESIGN WILL BE ADDRESSED AT TIME OF SITE PLAN AND FINAL PLAT APPROVAL. 4) THE BUILDING SITES SHOWN ON THIS EXHIBIT ARE THE APPROXIMATE SHAPE AND LOCATION. THESE MAY CHANGE DURING DEVELOPMENT AND CONSTRUCTION. 5) ALL SITE USES LISTED ARE PROPOSED. THEY ARE NOT REQUIRED AND MAY CHANGE AS PROJECT DEVELOPS. 6) FINAL PARKING REQUIRMENTS WILL BE BASED ON THE USE AND WILL BE DETERMINED AT TIME OF PERMITTING AND CONSTRUCTION. 7) A TWENTY FIVE (25) FOOT LANDSCAPE BUFFER WILL BE PROVIDED BETWEEN ANY NON-RESIDNETIAL USE AND A RESIDENTIAL ZONE (SEE EXHIBIT C-PLA NNED DEVELOPMENT STANDARDS). 8) DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE 9) OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORANCE WITH THE ZONING ORDINANCE. 10) OUTDOOR LIGHTING SHALL COMPY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE 11) LANSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 12) ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE 13) BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE DEPARTMENT. 14) FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. 15) TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR ALL PROPERTY AT ALL TIMES 16) SPEED BUMBS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 17) HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADDOPTED BUILDING CODE. 18) ALL SIGNAGE IS SUBJECT TO BUILDING O ILDING OFFICAL APPROVAL AND SHALL CONFORM TO THE APPROVED FACADE PLAN. 22) SIDEWLAKS OF NO LESS THEN SIX (6) FEET IN WIDTH ALOND THOROUGHFARES AND COLLECTORS AND FIVE (5) FEET IN WIDTH ALONG RESIDNTIAL STREETS AND BARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS. 23) APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE ENGINEERING DEPARTMENT. 24) SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE. 25) ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDER GROUND. 26) ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE. 27) A MINIMUM TEN (10) FOOT WIDE NO BUILD, PRESERVATION AND ACCESS EASEMENT IS REQUIRED OUTSIDE THE FLOODPLAIN. 28) AS TWENTY FIVE (25) FO OT HIKE AND BIKE TRAIL EASEMENT IS REQUIRED90’ R.O.W.90’ MINOR THOROUHFARE R.O.W. DEDICATION (FUTURE 4-LANE DIVIDED THOROUGHFARE)DALLAS PARKWAY PROSPER TRAIL SHAWNEE TRAILPROSPER 67 PARTNERS LTD INST. NO. 20121031001392700 D.R.C.C.T. GROSS ACRES: 7.5 NET ACRES: 6.0 EX. ZONING: SF-15/ COMM CORRIDOR EX. USE: AGRICULTURE FLUP: MEDIUM DENSITY RESIDENTIAL PROP. ZONING: PD-OFFICE PROSPER 67 PARTNERS LTD INST. NO. 20121031001392700 D.R.C.C.T. GROSS ACRES: 35.6 NET ACRES: 26.4 EX. ZONING: COMM CORRIDOR EX. USE: AGRICULTURE FLUP: TOLLWAY DISTRICT PROP. ZONING: PD-R THE ESTATES AT PROSPER TRAIL INC. EX ZONING: PD-60 EX USE: AGRICULTURE FLUP: LOW DENSITY RESIDENTIAL DOC NO. 2014002000000350 D.R.C.C.T. THE ESTATES AT PROSPER TRAIL INC. EX ZONING: PD-36 EX USE: AGRICULTURE FLUP: MEDIUM DENSITY RESIDENTIAL C.C.F. NO. 2014002000000350 D.R.C.C.T. OPEN SPACE/DETENTION/FLOODPLAIN ±6.2 Ac. OPEN SPACE/DETENTION/FLOODPLAIN ±9.0 Ac. P-1 P-2 P-3 G-1 P-5 R-6 P-7 P-4 R-2 R-1 R-3 R-4 R-5 RECLAIM E D F L O O D P L A I N RECL A I M E D F L O O D P L A I N FLOO D P L A I N CONNECTION TO EXISTING 30’ HIKE AND BIKE TRAIL EASEMENT PROPOSED LOCATION OF HIKE AND BIKE TRAIL C R E EK CENTERLINE FLOODPLAIN ZONING BOUNDARY: OFFICE ZONING BOUNDARY: SF-12.5 TRACT A TRACT C TRACT B PROSPER 67 PARTNERS LTD INST. NO. 20121031001392700 D.R.C.C.T. GROSS ACRES: 18.8 NET ACRES: 14.1 EX. ZONING: SF-15 EX. USE: AGRICULTURE FLUP: MEDIUM DENSITY RESIDENTIAL PROP. ZONING: PD-SF 15 PROP. MAX. DENSITY: 2.5 PROP MIN. LOT SIZE: 13,500 PROP MIN. AVG. LOT SIZE: 15,000 P-3 4,500 2,250 P-4 P-5 2,150 1.3 0.8 1.3 2.4 1.6 Fast Food Fast Food Fast Food Restaurant Restaurant R-6 2.0 USE* BUILDING PAD (SF)* LOT SIZE (ACRES) PROPOSED ZONE: NEIGHBORHOOD SERVICE P-7 Retail/Office Retail/Office Retail/Office Bank 3,400 R-4 23,700 R-5 17,300 1.0 5.0 OVERALL TOTAL OVERALL TOTAL **6.0 ZONE: RETAIL R-1 103,000 R-2 15,000 R-3 13,200 9,000 16,500 17.0 P-1 Retail Retail Grocery 5,500 P-2 **26.4 * All uses and measurements are proposed and subject to change. ** Excludes detention/open space/floodplain 44,400 171,100 MIN. LOT SIZE (SF) MIN. HOME SIZE (SF) TOTAL ACRES PROPOSED ZONE: SF-15 TOTAL LOTS (PROPOSED) 18.8 7.5 35.6 61.9 * Net acres excludes floodplain 61.3 26.4 6.0 14.1 2,000 25 14.1 18.8 13,500 (without detention/ open space) (with detention/ open space) SF-15 NEIGH. SERVICE RETAIL TOTAL PROPOSED ZONES PROPOSED PD-SF 15 LEGEND PROPOSED PD-OFFICE PROPOSED PD-RETAIL USE NET ACRES* GROSS ACRES G-1 Gas station n/a US 380 ROCKHILL PKWY FIRST ST FISHTRAP RD PROSPER TRAIL FRONTIER PKWY PANTHER CREEK PKWY COIT RDPRESTON RDLEGACY DRFIELDS RDDALLAS PKWYVICINITY MAP CITY OF PROSPER, TEXAS NORTH PROJECT LOCATION PROSPER CITY LIMITS FRISCO CITY LIMITS DENTON COUNTYCOLLIN COUNTYUS 380 ROCKHILL PKWY FIRST ST FISHTRAP RD PROSPER TRAIL FRONTIER PKWY PANTHER CREEK PKWY COIT RDPRESTON RDLEGACY DRFIELDS RDDALLAS PKWYVICINITY MAP CITY OF PROSPER, TEXAS NORTH PROJECT LOCATION PROSPER CITY LIMITS FRISCO CITY LIMITS DENTON COUNTYCOLLIN COUNTYTH IS DRA WING IS A PICTOR IAL R EPR ESEN TATION FOR PR ESEN TATION P URPOSES ONLY A ND IS SU BJECT TO CHAN GE. FURTHER, SAID DRA WING IS A SCA NNED IM AGE ONLY A ND IS NOT FOR COMPU TATION OR CON STRUCTION P URPOSES. THIS DRA WING MAY OR MAY NOT INCORP ORATE INFORMATION A ND/OR D ATA P ROV IDED TO BGE | KERRY R. GILBERT & ASSOCIATES BY OTHER CONSU LTAN TS RELATIVE TO EN GIN EERING A ND DRAIN AGE, FL OOD PL AINS A ND EN VIRO NMENTAL ISSU ES A ND SHO ULD NOT BE REL IED U PON FOR ANY P URPOSE. NO WA RRAN TIES, EXPR ESS OR IMPL IED, CO NCE RNING THE ACTUAL D ESIGN, LOCATION, A ND CHARAC TER OF THE FACILI TATES SH OWN ON TH IS MAP ARE IN TENDED. A DDITIONALLY, NO WA RRANTY IS MADE T O THE A CCURACY OF TH E IN FORMATION CONTAINED HER EIN. ©2015 BGE | KER RY R . GIL BERT & ASSOCIATES, ALL R IGH TS R ESER VED ©2015 BG E | KERRY R. GILBE R T & A S S OCI ATES, Al l Rights ReservedBGE | KERRY R. GILBERT & A S S O C I A T E S BG E | K E R R Y R . G ILBERT & ASSOCIATESPLANNER/APPLICANT COLLIN COUNTY SCHOOL LANDS, SURVEY 12 ABSTRACT NO. 147 PROSPER 67 PARTNERS LTD OUT of THE 5953 DALLAS PARKWAY, SUITE 200-A PH: (214)696-8100 PLANO, TX 75093 OWNER: JONES & CARTER. INC. 6509 WINDCREST DRIVE, SUITE 600 PH: (972)488-3880 PLANO, TX 75024 SURVEYOR: EXHIBIT D ±67.7 AC RES OF LAND AUGUST 11, 2015 KGA #I-292A SCALE 0 20010050 – Land Planning Consultants – 2595 Dallas Parkway, Suite 204 Frisco, TX 75034 Tel: 281-579-0340 Item 8 -Exhibit E- Development Schedule The phasing and development of this project is dependent upon market conditions and the construction of the Dallas North Tollway and Prosper Trail. Upon initiation of development, the project is expected to be completed in three (3) to four (4) phases, lasting approximately 12-36 months for each phase. Item 8 4 foot berms 4 inch caliper evergreen Trees per 20 linear feet 10 gallon shurbs at a rate of 10 shrubs per 30 linear feet 30’ 4 inch caliper evergreen Trees per 20 linear feet 4 foot berms 10 gallon shurbs at a rate of 10 shrubs per 30 linear feet 30’ See DetailSee Detail LANDSCAPE DETAIL NOTES: THIS IS A REPRESENTATION OF THE TYPICAL LANDSCAPE STANDARDS FO R THE REQUIRED LANDSCAPE BUFFER AND DOES NOT REPRESENT THE ACTUAL LOCATION. FINAL LANDSCAPE PLANS WILL BE SUBMITTED DURING THE PERMITTING PROCESS. LANDSCAPING MUST MEET THE MINIMUM STANDARDS SET FORTH IN EXHIBIT C AND REPRESENTED ABOVE. TH IS DRA WING IS A PICTOR IAL R EPR ESEN TATION FOR PR ESEN TATION P URPOSES ONLY A ND IS SU BJECT TO CHAN GE. FURTHER, SAID DRA WING IS A SCA NNED IM AGE ONLY A ND IS NOT FOR COMPU TATION OR CON STRUCTION P URPOSES. THIS DRA WING MAY OR MAY NOT INCORP ORATE INFORMATION A ND/OR D ATA P ROV IDED TO BGE | KERRY R. GILBERT & ASSOCIATES BY OTHER CONSU LTAN TS RELATIVE TO EN GIN EERING A ND DRAIN AGE, FL OOD PL AINS A ND EN VIRO NMENTAL ISSU ES A ND SHO ULD NOT BE REL IED U PON FOR ANY P URPOSE. NO WA RRAN TIES, EXPR ESS OR IMPL IED, CO NCE RNING THE ACTUAL D ESIGN, LOCATION, A ND CHARAC TER OF THE FACILI TATES SH OWN ON TH IS MAP ARE IN TENDED. A DDITIONALLY, NO WA RRANTY IS MADE T O THE A CCURACY OF TH E IN FORMATION CONTAINED HER EIN. ©2015 BGE | KER RY R . GIL BERT & ASSOCIATES, ALL R IGH TS R ESER VED ©2015 BG E | KERRY R. GILBE R T & A S S OCI ATES, Al l Rights ReservedBGE | KERRY R. GILBERT & A S S O C I A T E S BG E | K E R R Y R . G ILBERT & ASSOCIATESPLANNER/APPLICANT PROSPER 67 PARTNERS LTD 5953 DALLAS PARKWAY, SUITE 200-A PH: (214)696-8100 PLANO, TX 75093 OWNER: EXHIBIT F LANDSCAPE BUFFER AUGUST 11, 2015 KGA #I-292A SCALE 0 20010050 – Land Planning Consultants – 2595 Dallas Parkway, Suite 204 Frisco, TX 75034 Tel: 281-579-0340 Item 8 PROSPER 67 PARTNERS, LTD. Schematic Elevations 08/18/2015 GHA Architecture / Development 14901 Quorum Drive, Suite 300 Dallas, Texas 75254 (972) 239-8884 BUILDING R-4 BUILDING R-5 (RIGHT)BUILDING R-5 (LEFT) The above elevations are conceptual and do not represent the final design or materials of any buildings. These elevations are representative of the design guidelines specified in Exhibit C of the Planned Development. All materials and colors will be determined at final design and will be subject to the applicable approval process. Item 8 PROSPER 67 PARTNERS, LTD. Schematic Elevations 08/18/2015 GHA Architecture / Development 14901 Quorum Drive, Suite 300 Dallas, Texas 75254 (972) 239-8884 BUILDING R-2BUILDING R-3 BUILDING R-1 The above elevations are conceptual and do not represent the final design or materials of any buildings. These elevations are representative of the design guidelines specified in Exhibit C of the Planned Development. All materials and colors will be determined at final design and will be subject to the applicable approval process. Item 8 Item 8 Item 8 Lot Size (SF) 1 17661 2 16595 3 16498 4 15126 5 13781 6 14000 7 14700 8 15265 9 15265 10 15305 11 29388 12 15188 13 15400 14 15244 15 27410 16 15259 17 15282 18 16040 19 15525 20 15525 21 15391 22 15390 23 15525 24 15525 25 16066 Tract A-Lot Summary Prosper Trail PD Item 8 Regulation SF-15 PD-15 Minimum lot size 15,000 13,500 (No more than 3 lots may be less than 15,000 sq.ft.) Minimum average lot size -15,000 SF Front Setback 35 ft 30 ft Side Setback 10 ft 10 ft Rear Setback 25ft 20 ft Minimum Lot Width 100 ft 100 ft Minimum lot depth 135 ft 135 ft/125 ft on cul de sac Minimum Dwelling Area 1,800 SF 2,000 SF Additional Regulations Max. Impervious Coverage -50% max between front Property line and Front of house -Minimum of 4 different homes on each side of street Minimum of 3 homes separating homes with same elevation Open Space Requirement -Minimum of 5 Acres Masonry Requirement -100% on upper story of homes facing a street -Garage door must be 25ft from property line -Garage must be recessed 5 ft -Garage door may not comprise more than 50% of front elevation -no more than 2 doors may face street -Fences must be 10' behind front of home -Wood fences must be board on board with top rail -Fences adjacent to open space or on corner lots shall be tubular steel or similar Carports -prohibited Tree Requirement -Minimum of 2 trees shall be planted on the side yard of a corner lot Anti-Monotony Garage Requirements Fencing Prosper Trail 67Ac. PD Item 8 Regulation Office PD-Office Additional Prohibited Uses -Yes (example restaurant with drive-thru, Commercial Amusement-indoor) 10,000 SF 10,000 SF Unless 200 ft from residential zone unless 250 ft from residential lot or separated from residential lot by Right of Way Landscape Buffer -Min 25' buffer (except where open space is located between zones) -Minimum of one 4 inch caliper tree every 30 ft on center -Minimum of one 2-3 inch caliper ornamental trees for every 15 feet Min 25' buffer Min 25' buffer Minimum of one 3 inch caliper tree for every 30'Minimum of one 4 inch caliper tree for every 30' -Minimum of one 3 inch caliper ornamental tree for every 30' Minimum of 15 shrubs for every 30' of frontage Minimum of 15 shrubs for every 30' of frontage -Minimum of 2 ft berms within buffer Design Guidelines -Façade Plan and Architectural Style Approval required upon submittal of first preliminary site plan and/or site plan. 100% Masonry -Primary material shall be Brick and/or Stone -Maximum of 20% Stucco -No more than 3 exterior materials/colors -Style and materials must be consistent throughout entire Planned Development -Building articulation is required on all elevations -No single finish may cover more than 80% of the front elevation -Pitched Roofs shall be considered and must have a minimum pitch of 4:12 Between Single Family and Office Buffer along Shawnee Trail and Prosper Trail Maximum Floor Area Prosper Trail 67Ac. PD Item 8 Regulation Retail PD-Retail Gas Station/ Outdoor sales and Display -Permitted with Special Use Permit -Permitted as an accessory to big box tenant only -Only permitted within 250 ft of Dallas Parkway -Canopies must have pitched roofs (4:12) - Canopy support columns must be encased with Masonry Materials that match the main building -Raised planter shall be provided at both ends of all pump islands Drive Thru restaurants -Drive-Thru's may not be located on adjacent properties. Maximum of 3 in Tract C. Open Space -Min 6 Acres Landscape Buffer Min 25' buffer on Prosper Trail/ Min 30' on Dallas Parkway Min 25' buffer on Prosper Trail/ Min 30' on Dallas Parkway Minimum of one 3 inch caliper tree for every 30'Minimum of one 4 inch caliper tree for every 30' -Minimum of one 3 inch caliper ornamental tree for every 30' Minimum of 15 shrubs for every 30' of frontage Minimum of 15 shrubs for every 30' of frontage Minimum of 2 ft berms within buffer Screening wall or double row of evergreen trees is provided on offset for every 50 on center within a 15' landscape buffer - -Minimum 30' buffer Minimum of one 4 inch caliper tree for every 20' Minimum of ten 10 gallon shrubs at a rate of 10 shrubs for every 30 linear feet of frontage -Minimum of 20 feet of landscape buffer shall be exclusive of all utility easements, turn lanes, right of ways, etc. No required trees landscaping shall be within this 20' Design Guidelines -Elevation Review and Approval by Planning and Zoning Commission and Town Council for a major tenant and any retail component attached to the major tenant 100% Masonry -Primary material shall be Brick and/or Stone -Maximum of 20% Stucco -No more than 3 exterior materials/colors -Style and materials must be consistent throughout entire Planned Development -Building articulation is required on all elevations -No single finish may cover more than 80% of the front elevation -Pitched Roofs shall be considered and must have a minimum pitch of 6:12 Required Screening when Loading areas are adjacent to a thoroughfare and/or single family development Buffer along Dallas Parkway and Prosper Trail Gas Station Design Regulations Prosper Trail 67Ac. PD Item 8 Page 1 of 4 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 8, 2015 Agenda Item: Conduct a Public Hearing, and consider and act upon an amendment to Planned Development- 38 (PD-38), on 83.6± acres, located on the northeast corner of US 380 and Coit Road. (Z15- 0008). History: At the July 14 2015, Town Council meeting, this item was tabled to give the applicant an opportunity to modify the proposed PD development standards. Since the meeting, the applicant has revised the proposed PD development standards as follows: Tract A:  Incorporated conceptual elevations for retail anchor, Exhibit F-1  Incorporated conceptual open space plan, Exhibit G-3  Prohibits drive-through restaurants from being developed on consecutive lots  Limiting building height to 45 feet  Minor reconfiguration of site including handicap parking, landscaping, and drive-thru islands (an exhibit noting the changes has been attached for reference) Tracts B, C, and D:  Prohibit drive-through restaurants from being developed on consecutive lots  Limit building height to 45 feet 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-38- Retail Undeveloped US 380 District North Planned Development-25- Single Family Prosper Independent School District (Rogers Middle School) US 380 District Prosper is a place where everyone matters. PLANNING Item 9 Page 2 of 4 East Planned Development-25- Mixed Use Undeveloped US 380 District South City of McKinney City of McKinney City of McKinney West Planned Development-2 Corridor District Undeveloped US 380 District Requested Zoning/Background – Z15-0008 is a request to amend Planned Development-38 (PD-38). The original PD-38 (attached) was approved by the Town Council in 2007 in response to a request by Alberta Development Partners to create a unified retail center on the 83.6-acre tract of land. The PD requires development to be in conformance with the adopted plan (Exhibit E of the PD) and architectural standards (Exhibit F of the PD). Over the past several years, the single tract has been sold by metes and bounds to various owners. The owner of the western-most tract (Tract A) desires to deviate from the development plan as established by PD-38 in order to develop a CVS Pharmacy at the NEC of US 380 and Coit Road. This action in combination with the split of the parent tract necessitates the amendment of the entire area of PD-38. Without formally amending the PD, development of any portion of the 83.6-acre site will not be permitted. In conjunction with the applicant’s request to amend the portion of the PD to accommodate the CVS Pharmacy, the Town initiated a zoning change for the remainder of PD-38 (see attached letter to the property owners). The proposed rezoning would allow each landowner to develop their property independently. A Conceptual Development Plan has been included for Tract A; however the proposed rezoning would require Conceptual Development Plans prior to development of Tracts B, C, or D. Conceptual Development Plans include a site layout and architectural elevations. Staff is recommending that the Conceptual Development Plans for future development require approval by the Planning & Zoning Commission and Town Council prior to the submittal of a Preliminary Site Plan. The proposed PD allows for development of the property in accordance with zoning Exhibit C (development standards), Exhibit D (conceptual development plan), Exhibit F (conceptual architectural elevations), and Exhibit G (conceptual landscape plans), and in accordance with the Retail (R) District, with the exception of the following standards which vary from the Town’s requirements: 1. Uses – The proposed PD limits the list of uses as identified on Exhibit C, Section A.3 and B.3. 2. Landscaping – Around the perimeter of the property, the proposed PD generally requires four- inch caliper trees, planted on twenty or twenty-five-foot centers, while the Zoning Ordinance requires three-inch caliper trees, planted on thirty-foot centers, and the proposed PD generally requires forty, five-gallon shrubs or twenty, ten-gallon shrubs planted on thirty-foot centers, while the Zoning Ordinance requires fifteen, five-gallon shrubs, planted on thirty-foot centers. The proposed PD generally requires three to four-foot berms, while the Zoning Ordinance does not require berms. The proposed PD requires added screening for loading areas along Richland Item 9 Page 3 of 4 Boulevard and allows for trees required in conjunction with parking islands within the fifty-foot utility easement to be relocated elsewhere on the property. 3. Utility Power Lines – The proposed PD requires new utility distribution and service lines to be placed underground, while the Zoning Ordinance does not currently have this requirement. 4. Detention Ponds – The proposed PD requires above ground detention to be a constant water level, while the Zoning Ordinance does not currently have this requirement. The original PD-38 envisioned that the buildings near the northeast corner of Coit and US 380, site of the proposed CVS, “frame” the corner by locating the buildings near the corner and placing the parking interior to the site. CVS desires to develop a typical suburban layout with the parking field located between US 380 and Coit Road and the building. Staff understands the issues of locating a building adjacent to the street in that there has to be a “back side” of the building with service/loading areas. The existing PD also includes a comprehensive set of architectural requirements which details and defines the architectural design, character, and standards for the property and specifically defines the architectural design, character, and standards for “High Visibility Retail Area,” “Major and Junior Anchor,” and “Pad Site” areas. The CVS Pharmacy proposed for development is located in the “High Visibility Retail Area,” which necessitates the need for a high level of detail as depicted in Exhibit F.3 of the existing PD-38. The proposed rezoning for the CVS Pharmacy originally included an Exhibit F which met the minimum requirements of the Zoning Ordinance but did not match the design and character shown on the existing PD-38, Exhibit F.3. As a result, the Planning & Zoning Commission recommended approval of this request subject to replacing proposed PD Exhibit F with existing PD-38 Exhibit F.3. Since the meeting, the applicant has revised the elevations in an attempt to conform to the existing PD-38, Exhibit F.3. The applicant has also prepared a list describing the changes to Exhibit F and how they meet the intent of Exhibit F.3, and an elevation perspective showing proposed building. In addition, staff has prepared an exhibit comparing the conceptual elevations of the existing PD-38, the conceptual elevations acted on by the Planning & Zoning Commission, and the revised conceptual elevations proposed. Future Land Use Plan – The Future Land Use Plan recommends US 380 District for the property. The proposed rezoning request conforms to the Future Land Use Plan. Thoroughfare Plan – The property is adjacent to US 380, an existing major thoroughfare, and Coit Road an existing minor thoroughfare. The zoning exhibit complies with the Thoroughfare Plan. Water and Sanitary Sewer Services – Water service has been extended to the property. Sanitary sewer service will need to be extended to the site prior to or with development. Access – Access to the property will be provided from US 380, Coit Road, and Richland Boulevard. Schools – This property is served by the Prosper Independent School District (PISD). It is not anticipated that a school site will be needed on this property. Parks – It is not anticipated that this property will be needed for the development of a park. Item 9 Page 4 of 4 Environmental Considerations – There is no 100-year floodplain located on the property. Legal Obligations and Review: Notification was provided to neighboring property owners as required by state law. Town staff has received two Public Hearing Notice Reply Forms; not in opposition to the request. Attached Documents: 1. Zoning map of the surrounding area 2. Existing PD-38 3. Proposed PD Exhibits A, B, D, E, F, and G 4. Previous site layout and landscaping (with redlined changes notes) 5. Elevation perspective (for informational purposes only) 6. Conceptual elevation exhibit 7. Letter to property owners 8. Public Hearing Notice Reply Forms Planning & Zoning Commission Recommendation: At their June 16, 2015, meeting, the Planning & Zoning Commission recommended the Town Council approve an amendment to Planned Development-38 (PD-38), by a vote of 7-0, subject to: 1. Replacing proposed PD Exhibit F with existing PD Exhibit F.3, and 2. Retaining the integrity of the architectural and landscape standards of the existing PD-38. Town Staff Recommendation: Town staff recommends the Town Council approve an amendment to Planned Development-38 (PD-38), being 83.6± acres, located on the northeast corner of Coit Road and US 380. Proposed Motion: I move to approve an amendment to Planned Development-38 (PD-38), being 83.6± acres, located on the northeast corner of Coit Road and US 380. Item 9 S COIT RDE UNIVERSITY DR COIT RDRICHL AN D B LVD O S-8 M PD-25 COR PD-2 MF PD-2 SF PD-25 R PD-38 SF-10 PD-6 O Z15-0008 ±0 200 400 Feet 1 inch = 400 feet Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 Page Intentionally Left Blank Item 9 Item 9 Item 9 EXHIBIT ‘B’ CVS Pharmacy intends to develop the hard corner of US 380 & Coit road with a 14,600 SF building with drive-thru service. The remainder of Tract A is designed as a shopping center to accommodate an approximate 115,000 square foot anchor retail building along with complimentary retail establishments containing restaurant and typical service tenants. Other than CVS, there are four (4) planned outparcels which may contain a combination of national and regional retailers including banks, casual dining restaurants as well as established quick-service restaurants. Tracts B, C & D are under separate ownership, but governed by the same zoning, Planned Development-38 (PD-38). This Planned Development request is intended to resolve the discrepancy between the zoning and ownership circumstances and allow for the development of a CVS Pharmacy in the near term and future retail and service of the remaining property in the future. Item 9 1    -Exhibit C- Planned Development Standards Conformance with the Town’s Zoning Ordinance and Subdivision Ordinance: Except as otherwise set forth in these Development Standards, the regulations of the Town’s Zoning Ordinance (Ordinance No. 05-20 as it exists or may be amended) and the Subdivision Ordinance (as it exists or may be amended) shall apply. Tract A Retail District A.1 Except as noted below, Tract A shall develop in accordance with the Retail District, as it exists or may be amended. A.2 Development Plans 1. Conceptual Development Plan: Development shall be in conformance with the attached concept plan, set forth in Exhibit D. 2. Elevations: Development shall be in conformance with the attached elevations, set forth in Exhibit F. 3. Landscape Plan: Development shall be in conformance with the attached landscape plan, set forth in Exhibit G. 4. Minor amendments to the approved Conceptual Development shall be considered at time of the submittal of a Preliminary Site Plan. The Preliminary Site Plan shall clearly note any deviations from the approved Conceptual Development Plan. To be classified as a minor amendment, the proposed changes shall not: 1. alter the basic relationship of the proposed development to adjacent property, 2. alter the uses permitted, 3. increase the density, 4. increase the building height, 5. increase the coverage of the site, 6. reduce the off-street parking ratio, 7. reduce the building lines provided at the boundary of the site, or 8. significantly alter any open space plans Where the proposed changes do not meet the criteria of a minor amendment, a formal amendment of the Planned Development District, including Public Hearings conducted by the Planning & Zoning Commission and Town Council shall be required in accordance with Chapter 1, Section 8 of the Zoning Ordinance as it exists or may be amended. A.3 Uses. Uses shall be permitted in accordance with the Retail District and as shown on Exhibit D with the exception of the following uses which shall be prohibited: 1. Athletic Stadium or Field, Private 2. Athletic Stadium or Field, Public 3. Cemetery/Mausoleum 4. Commercial Amusement, Outdoor Item 9 2    5. Recycling Collection Point 6. School District Bus Yard 7. Sewage Treatment Plant/Pumping Station 8. Trailer Rental 9. Utility Distribution/Transmission Facility 10. Water Treatment Plant A.4 Regulations 1. US 380 - Tree plantings shall be provided at minimum rate of a four (4) inch Caliper trees (at the time of planting) per twenty-five (25) lineal feet. Shrub plantings shall be provided at a lineal rate of 40 five (5) gallon shrubs (at the time of planting) per a minimum thirty (30) lineal feet. 2. Coit Road - Tree plantings shall be provided at minimum rate of a four (4) inch Caliper tree (at the time of planting) per twenty-five (25) lineal feet. Shrub plantings shall be provided at a lineal rate of 40 five (5) gallon shrubs (at the time of planting) per a minimum thirty (30) lineal feet. 3. Richland Blvd. – Tree plantings shall be provided at a minimum rate of a four (4) inch caliper tree per twenty (20) linear feet. Shrub plantings shall be provided at a minimum rate of 20 ten (10) gallon shrubs per thirty (30) linear feet. A berm of a minimum height of four (4) feet shall be provided within the landscape buffer along Richland Boulevard in areas which are not encumbered by the gas line easement. 4. Parking abutting perimeter landscape areas shall be screened from the adjacent roadway by 3’ minimum tall shrubs and 3’ minimum tall berms. 5. Loading Areas – Where loading areas are adjacent to Richland Boulevard evergreen trees with a minimum height of ten (10) feet shall be provided at a minimum rate of one (1) tree per twenty (20) linear feet within the landscape buffer adjacent to the loading areas. 6. Utility Power Lines: New utility distribution and service lines for individual business establishments, buildings, signs and for any other site development features shall be placed underground. Existing overhead facilities may remain overhead. 7. All required trees that conflict with the existing 50’ gas easement must be located in an alternate location outside of the 50’ gas easement on the subject property for the parking islands as designated on Exhibit ‘D’. All other islands shall be designed in a manner to meet Town’s landscape requirements. 8. All above ground detention ponds shall be treated as open space amenities and landscaped as such. These ponds shall be placed in a manner as to be designed and constructed to maintain a constant normal pool elevation. The Town’s engineering department shall review and confirm any design constraints that would preclude the pond from maintaining a constant pool elevation. 9. Building Height – Maximum Building Height shall not exceed forty-five (45) feet. 10. Drive-thru services are not allowed on consecutive lots. Item 9 3    Tract B, C, & D Retail District B.1 Except as noted below, the Tracts B, C, & D shall develop in accordance with the Retail District, as it exists or may be amended. B.2 Development Plans 1. Conceptual Development Plan: Prior to application for a Preliminary Site Plan and/or Site Plan on Tract B, C, & D, a Conceptual Development Plan shall be submitted for each Tract, and receive a recommendation from the Planning & Zoning Commission and be approved by the Town Council. A Conceptual Development Plan shall be prepared and contain the same information as required for “Exhibits D and F” associated with the application for a Planned Development District. The required information of Exhibits D and F associated with a Planned Development District are denoted in the Town’s Development Manual as it exists or may be amended. This Conceptual Development Plan shall be required for the general area within which development is to occur. This general area shall be bounded by thoroughfares, ownership lines, creekways or other physical barriers that define a geographic boundary that separates the area of interest from other parcels. Minor amendments to the approved Conceptual Development shall be considered at time of the submittal of a Preliminary Site Plan. The Preliminary Site Plan shall clearly note any deviations from the approved Conceptual Development Plan. To be classified as a minor amendment, the proposed changes shall not: 1. alter the basic relationship of the proposed development to adjacent property, 2. alter the uses permitted, 3. increase the density, 4. increase the building height, 5. increase the coverage of the site, 6. reduce the off-street parking ratio, 7. reduce the building lines provided at the boundary of the site, or 8. significantly alter any open space plans Where the proposed changes do not meet the criteria of a minor amendment, a formal amendment of the Planned Development District, including Public Hearings conducted by the Planning & Zoning Commission and Town Council shall be required in accordance with Chapter 1, Section 8 of the Zoning Ordinance as it exists or may be amended. B.3 Uses. Uses shall be permitted in accordance with the Retail District with the exception of the following uses which shall be prohibited: 1. Athletic Stadium or Field, Private 2. Athletic Stadium or Field, Public 3. Cemetery/Mausoleum 4. Commercial Amusement, Outdoor 5. Recycling Collection Point 6. School District Bus Yard 7. Sewage Treatment Plant/Pumping Station Item 9 4    8. Trailer Rental 9. Utility Distribution/Transmission Facility 10. Water Treatment Plant B.4 Regulations 1. US 380 – On Tracts B, C, & D tree plantings shall be provided at minimum rate of a four (4) inch Caliper trees (at the time of planting) per twenty-five (25) lineal feet. Shrub plantings shall be provided at a lineal rate of 40 five (5) gallon shrubs (at the time of planting) per a minimum thirty (30) lineal feet. 2. Richland Blvd. – On Tracts B, C, & D tree plantings shall be provided at a minimum rate of a four (4) inch caliper tree per twenty (20) linear feet. Shrub plantings shall be provided at a minimum rate of 20 ten (10) gallon shrubs per thirty (30) linear feet. A berm of a minimum height of four (4) feet shall be provided within the landscape buffer along Richland Boulevard in areas which are not encumbered by the gas line easement. 3. East Property Line - On Tracts B, C, & D the landscape buffer shall be twenty five (25) in width. Tree plantings shall be provided at a minimum rate of a four (4) inch caliper tree per twenty (20) linear feet. Shrub plantings shall be provided at a lineal rate of 40 five (5) gallon shrubs (at the time of planting) per a minimum thirty (30) lineal feet. 4. Parking abutting perimeter landscape areas shall be screened from the adjacent roadway by 3’ minimum tall shrubs and 3’ minimum tall berms. 5. Loading Areas – Where loading areas are adjacent to Richland Boulevard and the east property line, evergreen trees with a minimum height of ten (10) feet shall be provided at a minimum rate of one (1) tree per twenty (20) linear feet within the landscape buffer adjacent to the loading areas. 6. Utility Power Lines: New utility distribution and service lines for individual business establishments, buildings, signs and for any other site development features shall be placed underground. Existing overhead facilities may remain overhead. 7. All required trees that conflict with the existing 50’ gas easement must be located in an alternate location outside of the 50’ gas easement on the subject property for the parking islands as designated on Exhibit ‘D’. All other islands shall be designed in a manner to meet Town’s landscape requirements. 8. All above ground detention ponds shall be treated as open space amenities and landscaped as such. These ponds shall be placed in a manner as to be designed and constructed to maintain a constant normal pool elevation. The Town’s engineering department shall review and confirm any design constraints that would preclude the pond from maintaining a constant pool elevation. 9. Building Height – Maximum Building Height shall not exceed forty-five (45) feet. 10. Drive-thru services are not allowed on consecutive lots. Item 9 Item 9 EXHIBIT ‘E’ PROJECTED DEVELOPMENT SCHEDULE PROSPER CROSSING June 12, 2015 TRACT A: Phase 1 (CVS Pharmacy) a. Construction Start 02/01/16 b. Construction Completion 07/16/16 c. Store Opening 08/07/16 Phase 2 (Anchored Shopping Center a. Construction Start TBD b. Construction Completion TBD c. Store Opening TBD TRACTS B, C, & D a. Construction Start TBD b. Construction Completion TBD c. Store Opening TBD Item 9 MANCHESTER CHAMPAGNE AUTUMN WHEAT STOSTOSTO STO STO ROOF BERRIDGE ZINC GREY ACME SANTA MARIA WOOD PANEL ALUMINUM TUBE BLACK AWNING BERRIDGE COLONIAL REDSPECTRALSTO - HEMP GOLD 18’-0”30’-0”33’-8”37’-8”42’-8”18’-0”30’-0”33’-8”37’-8”42’-8”24’-0”26’-0”28’-0”28’-0”26’-0”STUCCO STUCCO STUCCO STUCCO STUCCO STUCCOMETAL METAL STUCCO STUCCO STUCCO WOOD WOOD METAL AWNING STONE STONE METAL AWNING METAL AWNING Item 9 11’-0”52’-6”60’-0”72’-6”40’-0”46’-6”47’-6”50’-0”59’-6”Item 9 L-1 LANDSCAPE PLAN EXHIBIT G Z15-0008 Item 9 L-2 LANDSCAPE PLAN EXHIBIT G Z15-0008 Item 9 Item 9 Item 9 Item 9 Perspective Item 9 EXISTING EXHIBIT F.3 EXHIBIT F ACTED ON BY THE P&Z COMMISSION PROPOSED EXHIBIT F Item 9 May 29, 2015 Cothran Malibu LP 19422 Sierra Linda Rd. Irvine, CA 92603 Reliable Tep Partners LLC 2504 Loftsmoor Lane Plano, TX 75025 First Baptist Church of Prosper 601 S. Church St Prosper, TX 75078 RE: Notice of Property Rezoning Planned Development-38 Approximately 83.6 acres I.C. Williamson Survey, Abstract 948 North of US 380; east of Coit Rd; south of Richland Blvd, Prosper TX Case Z15-0008 The Town of Prosper has received a formal application to rezone Planned Development -38 (PD-38) as referenced above. PD-38 (enclosed as Attachment 1) was approved by the Town Council in 2007 in response to a request by Alberta Development Partners to create a unified retail center on the 83.6-acre tract of land. The PD requires development to be conformance with the adopted plan and architectural standards. Over the past several years, the single tract has been sold by metes and bounds to various owners. The owner of the western-most tract desires to deviate from the development plan as established by the PD and desires to develop a CVS Pharmacy at the NEC of US 380 and Coit Road. This action in combination with the split of the parent tract necessitates the amendment of the entire area of PD-38. Without formally amending the PD, development of any portion of the 83.6-acre site will not be permitted. Attachment 2 denotes the applicant’s draft graphic proposal for development of the western tract, labeled as Tract A. The three remaining tracts have been labeled as Tract B for zoning purposes by staff. Without the benefit of a master development plan as approved in the original PD-38, staff has drafted some basic development standards to accommodate future requests to develop these tracts. As recommended by staff, the tracts shall be developed in accordance with the Retail District of the Town’s Zoning Ordinance, with the exception of certain prohibited uses. Please refer to Attachment 3, titled as “Exhibit C – Planned Development Standards” which will be incorporated in the amended PD-38. We have also included an excerpt from the Town’s Zoning Ordinance depicting the permitted uses of the Retail District (Attachment 4). Development Services P.O. Box 307 409 E. First St. Prosper, TX 75078 Phone: 972-346-3502 Item 9 Page 2 Notice of Property Rezoning Planned Development-38 Z15-0008 May 29, 2015 This application will be scheduled for a future Planning & Zoning Commission Public Hearing. The earliest date for the Public Hearing could be June 16th, but official notice of the exact date will be mailed to all property owners ten (10) days before the meeting. Alex Glushko, Senior Planner, or I are available to meet with you at your convenience to address any concerns or answer questions. Alex can be contacted at 972-569-1093 or via email at alex_glushko@prospertx.gov. I can be reached at 972-569-1090 or via email at john_webb@prospertx.gov. Sincerely, J. S. Webb John S. Webb, AICP Director of Development Services Cc: Alex Glushko, Senior Planner Item 9 Item 9 Item 9 Page 1 of 1 To: Mayor and Town Council From: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 8, 2015 Agenda Item: Conduct a Public Hearing to consider and discuss the FY 2015-2016 Budget, as proposed. Description of Agenda Item: According to Local Government Code Chapter 102 and the Town Charter, the Town must hold at least one Public Hearing on the proposed budget. We elected to hold two Public Hearings. The first Public Hearing was held on August 25, 2015, and tonight represents the second Public Hearing on this topic. The proposed budget is available on the Town’s website at www.prospertx.gov. Town Staff Recommendation: Town staff recommends that the Town Council conduct a Public Hearing to receive feedback from the community and provide Town staff with direction on any changes to the proposed budget. Other than the Public Hearing, the Town Council does not need to take action on this item. Prosper is a place where everyone matters. TOWN MANAGER’S OFFICE Item 10 Page 1 of 1 To: Mayor and Town Council From: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 8, 2015 Agenda Item: Conduct a Public Hearing to consider and discuss a proposal to increase total tax revenues from properties on the tax roll in the preceding tax year by 8.20 percent. Description of Agenda Item: According to the Property Tax Code Section 26.05(d), the Town is required to hold two Public Hearings and publish newspaper ads before adopting a tax rate that exceeds the effective rate or rollback rate, whichever is lower. The first Public Hearing was held on August 25, 2015, and tonight represents the second Public Hearing on this topic. Attached Documents: 1. Statement for Opening the Public Hearing Town Staff Recommendation: Town staff recommends that the Town Council conduct a Public Hearing to receive feedback from the community and provide Town staff with any resulting direction. Other than the Public Hearing, the Town Council does not need to take action on this item. Please open the Public Hearing with the attached statement. Prosper is a place where everyone matters. TOWN MANAGER’S OFFICE Item 11 Please read the statements below prior to opening the Public Hearing: This is the second of two public hearings to discuss the FY 2015-2016 proposed tax rate. The Town Council will vote on both the FY 2015-2016 Proposed Budget and the proposed tax rate at a meeting scheduled on: September 22, 2015, at 6:00 p.m., at the Prosper Municipal Chambers located at 108 W. Broadway, Prosper, Texas. Once the Public Hearing is opened, the public is encouraged to express their views. Item 11 Page 1 of 1 To: Mayor and Town Council From: Leslie Scott, Library Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 8, 2015 Agenda Item: Library Services Department update. Description of Agenda Item: Review of the Prosper Community Library since last Council presentation on August 26, 2014.  Numbers  Partnerships  Finance  Opportunities  Unique Experiences  Publicity  Future Attachment: 1. PowerPoint Presentation Town Staff Recommendation: Town staff is requesting that the Town Council provide feedback on the Library Services Department update. LIBRARY Prosper is a place where everyone matters. Item 12 Prosper Community Library A year of fantastic achievement Item 12 “The public library is first and foremost a place…that promotes development in society. It is the family room of a community.” -Akhtar Badshah Libraries allow children to ask questions about the world and find the answers. And the wonderful thing is that once a child learns to use a library, the doors to learning are always open. –Laura Bush Item 12 July 2014 –July 2015 Topic meets Dewey •The Numbers -515 Math Analysis •The Partnerships –302 & 305 Social Science Interaction & Groups of People •Finance –334 Economic Cooperatives •Opportunities –670 Manufacturing •Unique Experiences –904 History Collected Accounts of Events •Publicize-381Marketing •Future –114, 115, & 116 Metaphysics Space, Time, & Change Item 12 The Numbers -515 Math Analysis •10,752 Physical items in library available to community •21,000+ eBooks available to the community through Overdrive subscription •10,651 Visitors •20,475 Physical items checked out •2,543 eBooks checked out •2,487 new items added •125 Programs offered with 3,749 in attendance •719 computer users for 1,035 hours •2,180 PCL card holders •644 New library cards •97 Volunteers worked 200 hours Item 12 The Partnerships –302 & 305 Social Science Interaction & Groups of People •Story Time in our community –Prosper Fire Station –Whispering Farms Equestrian Center –Farm Fresh Christmas Tree –Gentle Creek Country Club –Windsong Ranch –Prosper Historical Society –Prosper Parks & Recreation –Lighthouse Christian Fellowship Church •Guest Speakers –Mr. Bill Hays –Dr. Jill Sentlingar –Assistant Chief Gary McHone –Prosper Firefighters –Prosper Police Officers •Summer Reading Challenge Sponsors •Cherry Berry •Chick-Fil-A •Ft. Worth Zoo •Hokulia •Papa Murphy’s Pizza •PDQ Item 12 Item 12 Item 12 Item 12 Item 12 Homecoming Parade Holiday Parade & Festival Centennial Party in The Park The Church Of Jesus Christ Of Latter-day Saints book drive Item 12 Weekly Story Time Item 12 •Collin County Grant $ •Edge Reimbursement Grant •Texas Book Festival Grant •Friends of the library •Met MOE for accreditation Finance –334 Economic Cooperatives Item 12 •Scott & Alderton attended Texas Library Association Conference •Scott attended Small Library Leadership & Management Workshop •Scott attended 12 webinars •Alderton presented 40+ Story Times •Atkinson & Swain corrected over 10,000 spine labels and over 3,000 barcodes •Scott read To Kill a Mockingbird at Barnes & Noble to celebrate new Harper Lee release •Scott guest speaker at Prosper Lion’s club meeting •Scott & Alderton CPR certified through Prosper Fire Department •Scott & Alderton won “Best Title” in town’s chili competition •Scott column “Off the Shelf” published weekly •Library activities featured in Prosper Press at least once a month •State Accreditation awarded Opportunities –640 Manufacturing Item 12 Monthly Library Events Item 12 Item 12 Item 12 Item 12 2015 “Critter” Summer Program June 13th -August 1st •389 500-Minute Reading Challenge Participants (2014; 253 participants) •15 events, Story Times, and programs with over 1,400 in attendance (last year 781) •83 adults entries in Nook & Kindle giveaway •3,400 library visits Item 12 Item 12 Item 12 Item 12 Item 12 Grand Finale Item 12 Item 12 The Unique Experiences –904 History Collected Accounts of Events •Integrated Library System Biblionix Apollo implemented •Advantage 2.0 Overdrive addition •One Book, One Town program •Teen Read Advisory Group •Library Board sponsored survey with 245 responses •New & refurbished laptops •ATT Uverse Internet connection •Award Winning Book Collection •Graphic Novel Collection •Created Children’s play area •Successful Friends Book Sale Item 12 Leadership in community, state and world •Prosper Donates blood drive with Town of Prosper, Prosper Chamber of Commerce, American Bank, Rotary International, Lions International & Prosper Economic Development Corporation –tied for most donations in 4 hours of any size town •Featured library on Texas Library Association Snapshot Day web page •“Passion –Partnership –Publicize: How a small library created programs with huge success” Over 50 participants world wide learning from us Item 12 Publicize-381Marketing •Library Web Site •Town Web Site •Library Facebook •Town Facebook •Prosper Press •Live and Prosper Magazine •PISD Web Site •Reynolds Middle School Marquee •Housewarmers •Post Card partnership with Parks & Recreation •YouTube commercial created by Prosper High School Media class Scott –Lion’s Meetings, PISD Functions, Prosper new development events, here, there and everywhere Item 12 Future –114, 115, & 116 Metaphysics Space, Time, & Change •Construction of Library in Town Hall Building •Continued growth in programs and attendance •Continued partnership opportunities •ILL launch •Establish ESL Collection •Attend Texas Book Festival •Encourage fundraising opportunities •Astronomy Club •Continued successful accreditation •Workshops for Ancestry.com, Facebook, Instagram, and Word •Scott asked to submit presentation topic to PLA to present at ALA 2016 conference •FRED Program •Local Author Showcase •Book Trail Item 12 Item 12 Item 12 Item 12 Item 12 Page 1 of 2 To: Mayor and Town Council From: Hulon T. Webb, Jr, P.E., Executive Director of Development and Community Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 8, 2015 Agenda Item: Consider and act upon authorizing the Mayor to execute an Interlocal Agreement between the Town of Prosper, Texas, and the Town of Little Elm, Texas, related to drainage and water detention issues in the Doe Branch Watershed. Description of Agenda Item: Town staff worked with the Windsong Ranch development on analyzing the effect of the Town’s detention requirements in the Doe Branch Watershed. The results of the engineering study showed that if the entire watershed were allowed to develop without detention, that there would be minimal impact to the watershed south of US 380 within the limits of the Town of Little Elm. In the Town of Little Elm, there is no commercial zoning along US 380 and the existing approved developments of Frisco Ranch, Frisco Hills, and Valencia will not be affected. In addition, the Town of Little Elm currently does not require detention on properties that convey drainage into the Lewisville Lake floodplain. Town staff discussed the benefits of restricting development within the fully developed floodplain in exchange for not requiring detention in the Doe Branch Watershed with the Town of Little Elm and since the impact on any future development in the Town of Little Elm is minimal, the Town of Little Elm is supportive of the proposed Interlocal Agreement. The Town of Prosper has many commercial and residential developments north of US 380 in the Doe Branch Watershed that currently are required to develop with detention. An ordinance amendment to restrict the development in the fully developed floodplain of the Doe Branch Watershed, in exchange for waiving detention, will be considered by the Town Council of the Town of Prosper at their September 22, 2015, Town Council meeting. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and legality. Attached Documents: 1. Doe Branch Watershed Interlocal Agreement Prosper is a place where everyone matters. ENGINEERING Item 13 Page 2 of 2 Town Staff Recommendation: Town staff recommends that the Town Council authorize the Mayor to execute an Interlocal Agreement between the Town of Prosper, Texas, and the Town of Little Elm, Texas, related to drainage and water detention issues in the Doe Branch Watershed. Proposed Motion: I move to authorize the Mayor to execute an Interlocal Agreement between the Town of Prosper, Texas, and the Town of Little Elm, Texas, related to drainage and water detention issues in the Doe Branch Watershed. Item 13 1 THE STATE OF TEXAS ) ) COUNTIES OF COLLIN AND DENTON ) DOE BRANCH WATERSHED INTERLOCAL AGREEMENT THIS DOE BRANCH WATERSHED INTERLOCAL AGREEMENT (“Agreement”) is made and entered into by and between the Town of Prosper, Texas (“Prosper”), and the Town of Little Elm, Texas (“Little Elm”), collectively, the “Towns” or “Parties,” relative to drainage and water detention issues in the Doe Branch Creek Watershed (“Doe Branch Watershed”), as more particularly reflected in attached Exhibit A, incorporated herein by reference, in both Prosper and Little Elm: WHEREAS, there has been extensive residential and commercial development in both Prosper and Little Elm, with additional land development both approved and planned in the near future; and WHEREAS, Prosper and Little Elm wish to provide that additional development will not result in, or have the potential to result in, flooding or drainage issues associated with Doe Branch Creek in both Towns; and WHEREAS, it is the intent of both Prosper and Little Elm to review existing and potential drainage and water detention problems and related hydrological concerns in the Doe Branch Watershed, and attempt to address those problems and concerns in advance; and WHEREAS, it also is the intent of both Prosper and Little Elm to prohibit development in the fully developed floodplain of the Doe Branch Watershed, as well as prohibit the inappropriate detention of water in such Watershed; and WHEREAS, Prosper and Little Elm both have determined that this Agreement is in the public interest, will result in benefits for both Towns, and is in furtherance of the public health, safety and welfare. NOW, THEREFORE, Prosper and Little Elm, for the mutual consideration hereinafter stated, agree and understand as follows: ARTICLE I DOE BRANCH WATERSHED DRAINAGE AND DETENTION ISSUES Prosper and Little Elm agree that both shall jointly confer about Doe Branch Watershed drainage and detention issues in an effort to identify the fully developed floodplain in both jurisdictions, including jointly determining critical hydrologic and flood management elements of the Watershed, and mutually address other issues deemed appropriate and necessary by Prosper and Little Elm. Item 13 2 ARTICLE II NO DEVELOPMENT IN THE FULLY DEVELOPED FLOODPLAIN Prosper and Little Elm agree and acknowledge that the purpose, in part, for the identification of drainage and water detention issues is to limit or otherwise restrict residential and commercial development in the fully developed floodplain. Therefore, Prosper and Little Elm agree that both shall endeavor to address such issues by adoption of appropriate ordinances and regulations that shall not allow, permit or otherwise authorize residential or commercial development in the fully developed floodplain. Prosper and Little Elm further agree that prior to the approval of any residential or commercial development in the Doe Branch Watershed by either of them, Prosper and Little Elm shall require the developer, or other responsible party, of such residential or commercial development to provide a detailed drainage study or appropriate modeling of drainage in the flood plain, and shall not allow on-site detention in the Watershed if such detention adversely impacts any downstream property. Both Parties agree that each shall endeavor to adopt ordinances and regulations that development in the Watershed shall not impede, impair, obstruct, damage or interfere with surface water drainage or drainage facilities within the fully developed floodplain. ARTICLE III CHANGES TO AGREEMENT Changes in the terms of this Agreement may be accomplished only by formal amendment in writing approved by both Parties. ARTICLE IV PROBLEM RESOLUTION In the event of unforeseen difficulties or questions regarding this Agreement, or any term or provision contained herein, such shall be resolved by negotiation between the Town Managers of the Parties, or their designees. ARTICLE V NOTICE Notice shall be given to the Parties at the following addresses: If to the Town of Prosper: Town Manager Town of Prosper P.O. Box 307 Prosper, Texas 75078 Item 13 3 If to the Town of Little Elm: Town Manager Town of Little Elm, Texas 100 West Eldorado Parkway Little Elm, Texas 75068-5060 ARTICLE VI GENERAL PROVISIONS A. This Agreement contains the entire agreement of the parties and supersedes any prior agreements and negotiations. No verbal or other written promises or representations not specifically reduced to writing and contained herein shall be effective or binding. No modification, amendment, waiver or change of any provision herein shall be effective unless reduced to writing and approved by the governing body of both parties hereto. B. Each party to this Agreement agrees that if legal action is brought under this Agreement, exclusive venue shall lie in the county in which the Party is located, and if located in more than one county, in the county in which the principal offices of the Party are located. This Agreement is governed by and construed according to the laws of the State of Texas. C. This Agreement is not assignable by either party, and shall be binding on the Parties, their officers and employees, and any successors in interest. D. This Agreement is effective only when signed and approved by both Parties. E. Each Party to this Agreement expressly waives all claims against the other Party for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement. F. It is expressly understood and agreed that, in the execution of this Agreement, no Party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. G. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. H. Any Party to this Agreement may terminate this Agreement by giving thirty (30) days ’ written notice mailed by certified mail to the Town Manager of the other Party. Item 13 4 I. This Agreement shall become effective on the day following execution of the Agreement by both Parties, and shall continue in effect until it has been terminated according to the Agreement. J. This Agreement contains all commitments and agreements of the parties, and oral or written commitments not contained herein shall have no force or effect to alter any term or condition of this Agreement. K. The Parties agree that their collective agreement may be evidenced by the execution of an identical counterpart of this Agreement by the duly authorized officer(s) of each Party. DATED AND EFFECTIVE this the ____ day of ______________________, 2015. TOWN OF PROSPER, TEXAS TOWN OF LITTLE ELM, TEXAS By: _________________________________ By: ________________________________ Mayor, Town of Prosper, Texas Mayor, Town of Little Elm, Texas Date Signed: _____________________________ Date Signed: _________________________ ATTEST: ATTEST: ____________________________________ ____________________________________ Town Secretary Town Secretary Item 13 5 EXHIBIT A DOE BRANCH WATERSHED DEPICTION Item 13 Item 13 537 537.1 5 3 8 53 9 537.9538 . 9 538 . 3 538.8538.7 538.5 537. 2 538 . 1 538. 6 537.3 538. 4 537.8544.1 543.4 53 9 . 1 5 4 0 . 9 541.3 539.5 542.3 540.2 539 . 3 53 9 . 1 537.1 53 8 . 8 537.9538 . 8 53 8 . 6 537 537 5 3 8 . 9 537.1 5 38 . 7 53 8 . 9 538 . 3 537 537538. 5 5 3 8 . 6 Little Elm Frisco Prosper Denton County © OpenStreetMap (and) contributors, CC-BY-SA FIGURE 4:100YR FULLY DEVELOPEDCONDITIONS WSEL MAP ´ 0 0.750.375 Miles 1 inch = 1.25 miles Legend DOE BRANCH STREAM LINE DOE BRANCH CROSS SECTIONS FULLY DEVELOPED 100YR FLOODPLAIN Notes: 1. Fully Dev. Conditions 100 YR Inundation Area = 984 Acres Item 13 Page 1 of 2 Prosper is a place where everyone matters. To: Mayor and Town Council From: Hulon T. Webb, Jr, P.E., Executive Director of Development and Community Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 8, 2015 Agenda Item: Consider and act upon an ordinance amending Section 3.13.070 “Storage” of Division 3 “Drainage and Flood Control” of Article 3.13 “Floods and Drainage” of Chapter 3 “Building Regulations” of the Town’s Code of Ordinances by adding a new subsection (h) entitled “Special Requirements for Water Detention in the Doe Branch Creek Watershed.” Description of Agenda Item: Town staff worked with the Windsong Ranch development on analyzing the effect of the Town’s detention requirements in the Doe Branch Watershed. The results of the engineering study showed that if the entire watershed were allowed to develop without detention, that there would be minimal impact to the watershed south of US 380 within the limits of the Town of Little Elm. Town staff discussed the benefits of restricting development within the fully developed floodplain in exchange for not requiring detention in the Doe Branch Watershed with the Town of Little Elm. Since the impact of any future development in the Town of Little Elm is minimal, the Town Council of the Town of Little Elm approved the proposed Interlocal Agreement on tonight’s Town Council agenda between the Town of Prosper and Town of Little Elm on September 1, 2015. The Town of Prosper has many commercial and residential developments north of US 380 in the Doe Branch Watershed that currently are required to develop with detention. The proposed ordinance would restrict the development in the fully developed floodplain of the Doe Branch Watershed in exchange for waiving detention. Any development within the Doe Branch Creek Watershed will be required to perform a detailed drainage study and provide creek stabilization measures, if warranted. Legal Obligations and Review: Terrance Welch of Brown & Hofmeister, L.L.P., has reviewed the ordinance as to form and legality. Attached Documents: 1. Ordinance ENGINEERING Item 14 Page 2 of 2 Town Staff Recommendation: Town staff recommends that the Town Council consider and act upon an ordinance amending Section 3.13.070 “Storage” of Division 3 “Drainage and Flood Control” of Article 3.13 “Floods and Drainage” of Chapter 3 “Building Regulations” of the Town’s Code of Ordinances by adding a new subsection (h) entitled “Special Requirements for Water Detention in the Doe Branch Creek Watershed.” . Proposed Motion: I move to approve an ordinance amending Section 3.13.070 “Storage” of Division 3 “Drainage and Flood Control” of Article 3.13 “Floods and Drainage” of Chapter 3 “Building Regulations” of the Town’s Code of Ordinances by adding a new subsection (h) entitled “Special Requirements for Water Detention in the Doe Branch Creek Watershed.” Item 14 Ordinance No. 15-__, Page 1 TOWN OF PROSPER, TEXAS ORDINANCE NO. 15-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING SECTION 3.13.070, “STORAGE,” OF DIVISION 3, “DRAINAGE AND FLOOD CONTROL,” OF ARTICLE 3.13, “FLOODS AND DRAINAGE,” OF CHAPTER 3, “BUILDING REGULATIONS,” OF THE CODE OF ORDINANCES OF THE TOWN OF PROSPER, TEXAS, BY ADDING A NEW SUBSECTION (h), ENTITLED “SPECIAL REQUIREMENTS FOR WATER DETENTION IN THE DOE BRANCH CREEK WATERSHED”; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town Council has considered and concluded that due to its unique nature and the potential for flooding or other drainage-related issues, the Doe Branch Creek Watershed necessitates special water storage requirements; and WHEREAS, the Town of Little Elm, Texas, also is in the process of adopting regulations unique to development in the Doe Branch Creek Watershed, as addressed by Prosper and Little Elm in an interlocal agreement recently approved by both municipalities; and WHEREAS, the Town Council has determined that the following amendment furthers the public health, safety and welfare of the citizens of Prosper. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 From and after the effective date of this Ordinance, Section 3.13.070, “Storage,” of Division 3, “Drainage and Flood Control,” of Article 3.13, “Floods and Drainage,” of Chapter 3, “Building Regulations,” of the Code of Ordinances of the Town of Prosper, Texas, is amended by adding a new subsection (h), “Special requirements for water detention in the Doe Branch Creek Watershed,” to read as follows: “3.13.070 Storage * * * (h) Special requirements for water detention in the Doe Branch Creek Watershed. No water detention for any residential or commercial property that is developed in the fully developed 100 Year Floodplain of the Doe Branch Creek Watershed, as such Watershed is reflected on Town- approved FEMA maps, shall be required. Any application for residential or commercial development in the Doe Branch Creek Watershed shall be accompanied by a detailed drainage study acceptable to the Town Engineer. Any areas along the drainage ways in the Doe Branch Creek Watershed shall require creek stabilization measures, as approved by the Town.” Item 14 Ordinance No. 15-__, Page 2 SECTION 3 Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The Town hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 4 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict, and any remaining portions of said ordinances shall remain in full force and effect. SECTION 5 Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by fine not to exceed the sum of five hundred dollars ($500.00) for each offense, and each and every day such violation shall continue shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude the Town from filing suit to enjoin the violation, and the Town retains all legal rights and remedies available to it. SECTION 6 This Ordinance shall become effective from and after its adoption and publication as required by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 8TH DAY OF SEPTEMBER, 2015. ___________________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 14 Page 1 of 2 To: Mayor and Town Council From: Paul Naughton, RLA, Landscape Architect Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 8, 2015 Agenda Item: Consider and act upon a resolution to adopt the Parks, Recreation, and Open Space Master Plan. Description of Agenda Item: At the January 14, 2014, Town Council meeting, the Town Council approved an agreement with Dunaway Associates, LP, for the update of the Parks, Recreation, and Open Space Master Plan. Since that time, Dunaway & Associates has been working with the Parks, Recreation, and Open Space Master Plan Advisory Committee and will be discussing the current status of the project with the Town Council. Below is the current status of the master plan:  Phase I: Inventory and Needs Assessment o Base Map Preparation Complete o Inventory & Supply Analysis Complete o Population & Demographic Analysis Complete o Standards Analysis Complete o Demand Analysis & Needs Assessment Complete  Phase II: Parks, Recreation, and Open Space Master Plan o Priority Ranking Analysis Complete o Action Plan Complete o Expenditure Analysis Complete o Preliminary Master Plan Complete o Final Master Plan Complete At the December 9, 2014, Town Council meeting, Mr. Neeley presented to Council an overview of what has been accomplished. He presented the first two phases of the master planning process which included preparing base maps and an inventory of the Town’s park system, demographic and standards analysis, and a needs assessment. Mr. Neeley discussed the results of the online survey of Town of Prosper residents that was conducted in July of 2014 regarding needed facilities and amenities, and potential funding options. Elizabeth McIlrath of Dunaway Associates continued the presentation by reviewing in more detail the top fifteen high-priority rankings that were identified in the survey. The Town Council encouraged the master plan to include a realistic timeline for implementation, and to identify potential funding sources utilizing public/private partnerships and other strategies to fund park improvements. The master plan will include a five to ten-year implementation plan, cost information, and amendments to park development standards. Prosper is a place where everyone matters. PARKS & RECREATION Item 15 Page 2 of 2 Since the December 9, 2014, Town Council meeting, staff and Dunaway Associates have reviewed the feedback and attended the Parks Master Plan Advisory Committee meeting on January 26, 2015, to discuss comments at the Town Council meeting, funding options, and the priority rankings. At the February 10, 2015, Town Council meeting, Mr. Neeley presented to Council a draft Parks Action Plan and identified priority rankings for amenities, budget estimates, and potential funding sources. On February 23, 2015, the Town held a Public Input meeting. At this meeting, Dunaway presented survey results, priority rankings, and a draft action plan. Additional citizen input was requested and comment cards were passed out and collected at the end of the meeting that were used to gather any additional information to be incorporated into the Parks Master Plan. On June 11, 2015, the Parks Master Plan Advisory Committee met to discuss the Draft Preliminary Master Plan Document. The Advisory Committee complimented the document and expressed positive feedback on the format. On June 30, 2015, Town Council was updated by Dunaway by briefing them on the Preliminary Parks, Recreation, and Open Space Master Plan. During the discussions, Dunaway received clarification to pursue facility standards for the Town limits of Prosper versus the school district boundaries. On August 25, 2015, Town Council was updated by Dunaway on the Final Parks, Recreation, and Open Space Master Plan. Council had a couple of questions regarding some of the sports numbers but overall approved of the Parks Master Plan. On August 26, 2015, the Parks, Recreation and Open Space Master Plan Advisory Committee meeting was updated by Dunaway on the Final Parks, Recreation, and Open Space Master Plan. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the resolution as to form and legality. Attached Documents 1. Resolution 2. Final Parks, Recreation, and Open Space Master Plan Town Staff Recommendation: Town staff recommends the adoption of the Parks, Recreation, and Open Space Master Plan. Item 15 Resolution No. 15-__, Page 1 TOWN OF PROSPER, TEXAS RESOLUTION NO. 15-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ADOPTING THE 2015 TOWN OF PROSPER PARKS, RECREATION, AND OPEN SPACE MASTER PLAN; MAKING FINDINGS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 14, 2014, the Town Council approved an agreement with Dunaway Associates, L.P. (“Dunaway”), for the update of the Town’s Parks, Recreation, and Open Space Master Plan (“Master Plan”); and WHEREAS, thereafter, Town staff and Dunaway diligently worked with the Parks, Recreation, the Open Space Master Plan Advisory Committee and the Town Council to discuss, consider and make recommendations about the various components of the Master Plan; and WHEREAS, the Master Plan fully complies with Texas Parks and Wildlife master plan guidelines, which guidelines require parks and recreation needs to be prioritized and addressed in an action plan format; and WHEREAS, after months of detailed study, investigation, research, public input, Advisory Committee input, Town Council input and consultant review and analysis, the Master Plan process has concluded and the Master Plan is now ready for adoption by the Town Council. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above premises are hereby found to be true and correct factual findings of the Town of Prosper and they are hereby approved and incorporated into the body of this Resolution as if copied in their entirety. SECTION 2 The 2015 Town of Prosper Parks, Recreation, and Open Space Master Plan, attached hereto as Exhibit A, is hereby adopted in its entirety. Said Master Plan shall not commit the Town of Prosper to specific funding levels and implementation strategies, but shall provide a guide for the Town’s vision for the availability and growth of park, open space and recreational services. SECTION 3 This Resolution shall be effective from and after its passage by the Town Council. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 8TH DAY OF SEPTEMBER, 2015. ___________________________________ Ray Smith, Mayor Item 15 Resolution No. 15-__, Page 2 ATTEST: ____________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: ____________________________________ Terrence S. Welch, Town Attorney Item 15 Resolution No. 15-__, Page 3 EXHIBIT A 2015 TOWN OF PROSPER PARKS, RECREATION, AND OPEN SPACE MASTER PLAN Item 15 TOWN OF PROSPER PARKS, RECREATION, AND OPEN SPACE MASTER PLAN September 2015 page ii 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN ACKNOWLEDGMENTS TOWN COUNCIL Ray Smith Mayor Kenneth Dugger Mayor Pro-Tem Michael Korbuly Council Member, Place 1 Curry Vogelsang Council Member, Place 3 Meigs Miller Council Member, Place 4 Mike Davis Council Member, Place 5 Jason Dixon Council Member, Place 6 PARKS & RECREATION BOARD Barbara Cottone Chairman Mandy Goddard Vice Chair Jennifer Severance Secretary Drake Dunn Craig Andres Jeffrey Hodges Keith Yellin PARKS, RECREATION AND OPEN SPACE MASTER PLAN ADVISORY COMMITTEE Barbara Cottone Bill Hays Craig Andres Jan Brown Johnny Warren Mike Kays Mike Korbuly Rebekah Land TOWN STAFF Hulon Webb Executive Director of Community and Development Services William Mitchell Parks and Recreation Manager Julie Owen-Shivers Recreation Services Coordinator Matt Furr Park Superintendent Paul Naughton Landscape Architect Casey Knapp Park Operations Supervisor DUNAWAY ASSOCIATES, L.P. Philip Neeley, ASLA Project Manager Elizabeth McIlrath, ASLA Park Planner Anita Beard, ASLA Paige Wilkerson Graphic Design The Town of Prosper Parks, Recreation, and Open Space Master Plan would not be possible without the support of the following individuals: page iii 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN TABLE OF CONTENTS SECTION 1: INTRODUCTION 1 SECTION 2: METHODOLOGY 3 SECTION 3: INVENTORY 5 SECTION 4: POPULATION AND DEMOGRAPHICS 39 SECTION 5: STANDARDS AND GUIDELINES 42 SECTION 6: NEEDS ASSESSMENT 52 SECTION 7: RECOMMENDATIONS/PRIORITIES FOR MASTER PLAN 65 SECTION 8: IMPLEMENTATION 71 INTRODUCTION 1SECTION page 1 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN SECTION 1: INTRODUCTION I. PURPOSE OF THE MASTER PLAN The Town of Prosper is known as a destination community in the northern part of the DFW metroplex. With a rural history that still influences its charm, citizens love the beautiful open spaces and high-quality neighborhoods throughout the town. With these attractive features, Prosper has quickly grown to a population of well over 15,000 and has an estimated build-out around 70,000. The noteworthy growth and population increase continues to put pressure on Town leaders and staff to provide quality parks and recreational services to Prosper citizens. To be proactive in planning for the future park system, the Town commissioned Dunaway Associates to prepare a comprehensive Parks, Recreation, and Open Space Master Plan. The team established an interactive process that involved Town staff, a specially appointed Advisory Committee, the Prosper Parks and Recreation Board, and the Prosper Town Council. The goals and objectives for the Master Plan, as outlined in the Town’s original Request for Qualifications, included the following: A. Provide parks and recreation resources that meet the diverse needs of the Town of Prosper residents. 1. Immediate and short-term improvements of parks, facilities, and programming 2. Long-term planning of the parks system 3. Long-term planning of recreational programming, facilities, and opportunities for residents of all ages in the community B. Determine a practical means of maintaining and upgrading existing areas and facilities to a prescribed standard and purpose. C. Acquire parkland and develop outdoor recreational facilities, including orderly development of existing park areas. D. Enlist the Town of Prosper’s Parks and Recreation Board’s input for the development and operations of parks and recreational facilities. E. Provide traditional and non-traditional parks and recreation experiences for current and future community residents. To ensure that these goals and objectives were addressed, an Advisory Committee was assembled to work closely with the Dunaway team through key steps of the planning process. This Committee helped facilitate communication between Town staff and public officials, as well as serve as a sounding board for the action plan initiatives within the plan. This Parks, Recreation and Open Space Master Plan marks a far-reaching vision for Prosper’s park system. The Action Plan recommendations provide a strategic roadmap to lead the development of Prosper’s park system during its dynamic growth over the next 10 years. page 2 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN II. USE OF MASTER PLAN This Master Plan provides recommendations for future land acquisition, park expansion, and park development to serve the fast growing population and needs of Prosper. Section 2 overviews the methodology and key steps within the overall planning process. Section 3 includes a complete inventory of existing parks, recreational facilities, and sports organizations. Section 4 provides a brief population and demographic analysis. Section 5 provides a review of park industry standards and comparisons to the current Prosper park system. Section 6 documents the results of the needs assessment and public involvement process. In Section 7, the Master Plan identifies the recommended priorities and locations for actual park improvements. Section 8 provides implementation guidelines including potential funding sources and a proposed ten-year action plan for the Master Plan. This Master Plan will serve as the roadmap for the future development and fiscal planning for the Prosper park system over the next five to ten years. Annual reviews of the Master Plan will be beneficial to ensure that the implementation is on course to address specific changes in priorities and/or special needs that may arise. The key is to maintain momentum – for years – in developing a vibrant, balanced park system for generations to come. 2SECTIONMETHODOLOGY page 3 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN SECTION 2: METHODOLOGY The Dunaway planning team worked closely with Town staff and the various boards during the entire master planning process. This included an Advisory Committee, the Parks and Recreation Board, and key meetings with the Prosper Town Council. The Parks, Recreation and Open Space Master Plan was prepared using a two-phase planning process. Phase I involved the Inventory and Needs Assessment. Phase II involved preparing the Parks, Recreation and Open Space Master Plan. THE MASTER PLANNING PROCESS I. PHASE I – INVENTORY AND NEEDS ASSESSMENT Step 1 – Base Map Preparation The team prepared a base map from the digital/GIS data provided by the Town. The base map illustrated information such as park sites, schools, thoroughfares, drainage corridors, vegetation, etc. Step 2 – Inventory & Supply Analysis The team was provided a current inventory of the entire park system. Team members and Town staff performed a tour of the parks and facilities available through the Town, Prosper Independent School District (PISD), and Homeowners Associations (HOA). Each park site was documented for its existing conditions and amenities. Step 3 – Population & Demographic Analysis The team obtained population and demographic data from the North Central Texas Council of Governments (NCTCOG). This included evaluating factors of population, housing, income, and projected population growth. Step 4 – Standards Analysis The team utilized published recommendations by the National Recreation & Park Association (NRPA) for evaluating standards for both park acreages and facilities. Dunaway staff and Town representatives also conducted a benchmark tour in the North Texas region to see leading communities that coincide with some of the characteristics of Prosper. Step 5 – Demand Analysis & Needs Assessment With National Service Research leading this effort, a series of steps were utilized to determine the park and recreation needs of the community. This included a Town Hall meeting, Focus Group / Round Table meetings, and online survey through the Town’s website. From the feedback, the team was able to quantify the specific needs of the citizens. page 4 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN II. PHASE II – PARKS, RECREATION AND OPEN SPACE MASTER PLAN Step 6 – Priority Ranking Analysis The team developed a priority criteria system for ranking needs. From this criteria, a priority ranking was established based upon input from the citizen survey, Advisory Committee, Parks and Recreation Board, Town staff, and Dunaway team. Step 7 – Action Plan The team prepared specific recommendations in an Action Plan that outlines development of parks and recreational facilities to meet future needs within the Town limits. Step 8 – Expenditure Plan To support the Action Plan, the team prepared an Expenditure Analysis for the projected budgets/capital costs within the Action Plan. This included funding recommendations that might be utilized in implementing the priority items. Step 9 – Preliminary Master Plan The team prepared the Preliminary Master Plan document outlining the entire process, findings, and recommendations. This included preparing exhibits/maps for the items recommended with the Action Plan. Step 10 – Final Master Plan The team prepared the Final Master Plan document. This task included final presentations to the Advisory Committee and the Town Council. Note: The Dunaway Team used a combination of a standards-based approach and a demand-based approach in establishing priorities for the Action Plan. The standards approach evaluated park acreage and park facilities based upon population sizes. The demands approach utilized desired facilities as obtained from the citizen survey instrument. 3SECTIONINVENTORY page 5 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN SECTION 3: INVENTORY During the first phase of the Master Plan process, a complete inventory was compiled of all existing parks, recreation facilities and open spaces within the Town of Prosper. Dunaway staff toured all the park sites with the Prosper Parks & Recreation Department staff. The Town provided acreage and facility inventories for each of the parks, and lists of recreation associations and organizations throughout the Town. The following pages provide a complete inventory of the existing parks and recreational facilities within the Town of Prosper. page 6 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN LOCATION: 410 East First Street ACRES: 0.43 acres CLASSIFICATION: Pocket Park AMENITIES: • Benches: 6 • Drinking Fountains: 1 • Pavilions: 2 • Sprayground: 1 • Open Space • Parking BOYER PARK SOUTH CHURCH STREETEAST FIRST STREET page 7 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN LOCATION: 1500 Lonesome Dove Dr. ACRES: 9.82 acres CLASSIFICATION: Neighborhood Park AMENITIES: • Benches: 3 • Hike & Bike Trails: 0.58 mi • Picnic Tables: 3 • Open Space • Nature Area • Parking CEDAR GROVE PARK NORTH PRESTON ROADWEST PROSPER TRAIL page 8 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN CHAPEL HILL HIKE & BIKE TRAILS LOCATION: off East First Street ACRES: 2.61 acres CLASSIFICATION: Greenbelts/Trail Corridor AMENITIES: • Hike & Bike Trails • Open Space • Nature Area EAST FIRST STREET page 9 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN COCKRELL PARK LOCATION: 4050 East Prosper Trail ACRES: 8.41 acres CLASSIFICATION: Neighborhood Park AMENITIES: • Playground Structure EAST PROSPER TRAIL NORTH CUSTER ROAD page 10 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN EAGLES LANDING PARK LOCATION: 402 South Craig Road ACRES: 7.58 acres CLASSIFICATION: Neighborhood Park AMENITIES: • Benches: 6 • Football: 1 • Softball: 1 • Baseball: 1 • Back Stops: 2 • Hike & Bike Trails: 0.4 mi • Open Space • Parking SOUTH PRESTON ROADEAST FIRST STREET page 11 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN FIRE STATION PARK LOCATION: 1454 West First Street ACRES: 1.16 acres CLASSIFICATION: Pocket Park AMENITIES: • Hike & Bike Trails • Open Space • Parking EAST FIRST STREET page 12 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN FOLSOM PARK LOCATION: 901 White River Drive ACRES: 13.70 acres CLASSIFICATION: Neighborhood Park AMENITIES: • Benches: 6 • Picnic Tables: 3 • Hike & Bike Trails: 1 mi • Playground Structures: 1 • Back Stops: 2 • Open Space • Pond • Nature Area • Parking COIT ROADEAST UNIVERSITY DRIVE LA CI M A B L V D page 13 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN FRONTIER PARK LOCATION: 1551 West Frontier Parkway ACRES: 79.68 acres CLASSIFICATION: Community Park AMENITIES: • Benches: 12 • Picnic Tables: 26 • Playground Structures: 3 • Rental Space • Hike & Bike Trails: 0.48 mi • Drinking Fountains: 2 • Pavilion: 3 • Sprayground • Grills: 6 • Baseball: 3 • Softball: 2 • Soccer: 11 • Batting Cages: 4 • Back Stops: 5 • Restrooms: 3 • Open Space • Ponds • Parking FRONTIER PKWY WEST PROSPER TRAILTALON LANE page 14 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN HAYS PARK LOCATION: 9006 Preston View Dr. ACRES: 1.97 acres CLASSIFICATION: Pocket Park AMENITIES: • Open Space • Undeveloped EAST PROSPER TRAIL NORTH PRESTON ROAD page 15 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN LAKES OF LA CIMA (EAST) LOCATION: West of Coit Road ACRES: 11.38 acres CLASSIFICATION: Greenbelt / Trail Corridor AMENITIES: • Hike & Bike Trails • Pond EAST UNIVERSITY DRIVE COIT ROAD page 16 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN LAKES OF LA CIMA (WEST) LOCATION: off Kiowa Drive ACRES: 9.64 acres CLASSIFICATION: Greenbelt / Trail Corridor AMENITIES: • Open Space • Hike & Bike Trails EAST FIRST STREET LA CI M A B L V D page 17 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN PATIN PROPERTY LOCATION: 3950 East Prosper Trail ACRES: 17.1 acres CLASSIFICATION: Community Park AMENITIES: • Open Space • Nature Area • Undeveloped EAST PROSPER TRAIL NORTH CUSTER ROAD page 18 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN PECAN GROVE PARK LOCATION: 831 Del Carmen Drive ACRES: 21.50 acres CLASSIFICATION: Neighborhood Park AMENITIES: • Benches: 7 • Picnic Tables: 3 • Playground: 1 • Nature Area • Hike & Bike Trails • Open Space • Ponds EAST FIRST STREET EAST UNIVERSITY DRIVESOUTH PRESTON ROAD page 19 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN PRAIRIE PARK LOCATION: South of Fish Trap Road ACRES: 6.74 acres CLASSIFICATION: Neighborhood Park AMENITIES: • Benches: 2 • Playground: 1 • Open Space • Ponds page 20 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN PRESTON LAKES PARK LOCATION: 775 Bridgeport Drive ACRES: 3.20 acres CLASSIFICATION: Pocket Park AMENITIES: • Hike & Bike Trails: 0.17 mi • Open Space NORTH PRESTON TRAILEAST FIRST STREET page 21 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN SEXTON PARK LOCATION: East 1st Street to Coit Road ACRES: 69.50 acres CLASSIFICATION: Community Park AMENITIES: • Open Space • Ponds • Undeveloped EAST FIRST STREET COIT ROAD page 22 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN TOWN LAKE PARK (GREENSPOINT) LOCATION: 198 Townlake Drive ACRES: 6.19 acres CLASSIFICATION: Community Park AMENITIES: • Benches • Picnic Tables: 1 • Nature Area • Hike & Bike Trails: 0.36 mi • Open Space • Fishing Dock • Ponds • On-Street Parking EAST FIRST STREETCOIT ROAD page 23 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN TOWN LAKE PARK (WHISPERING FARMS) LOCATION: 901 Woodview Drive ACRES: 18.3 acres CLASSIFICATION: Community Park AMENITIES: • Pavilion: 1 • Nature Area • Hike & Bike Trails • Open Space • Fishing Dock • Ponds • Parking EAST PROSPER TRAIL COIT ROAD page 24 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN WHITLEY PLACE PARK LOCATION: 4001 Glacier Point Court ACRES: 18.2 acres CLASSIFICATION: Neighborhood Park AMENITIES: • Benches • Pavilion: 1 • Picnic Tables: 2 • Nature Area • Hike & Bike Trails: 1.02 Miles • Open Space • Ponds • Parking EAST FIRST STREET NORTH CUSTER ROADEAST PROSPER TRAIL page 25 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN WHISPERING FARMS HIKE & BIKE TRAILS LOCATION: Along East Prosper Trail ACRES: 6.1 acres CLASSIFICATION: Greenbelts / Trail Corridor AMENITIES: • Hike and Bike Trails • 2.1 Miles • Includes 1.38 Mile Loop • Equestrian Trail EAST PROSPER TRAIL COIT ROAD page 26 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN WINDSONG PARK LOCATION: ACRES: 7.5 acres CLASSIFICATION: Neighborhood Park AMENITIES: • Open Space • Undeveloped FISH TRAP ROAD GOOD HOPE ROAD page 27 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN WINDSONG RANCH COMMUNITY PARK LOCATION: off Prosper Road ACRES: 51.43 acres CLASSIFICATION: Community Park AMENITIES: • Open Space • Undeveloped PROSPER ROAD TEEL PKWYPARVIN ROAD page 28 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN PARK INVENTORY Parks AcresTypeDeveloped/UndevelopedTrails(Miles)OpenSpaceHandicapAccessibleParkingPicnicTablesPlaygroundStructureBenchesNatureAreaPavilionRentalSpace/PavilionRestroomsSpraygroundDrinkingFountainsGrillsBaseballSoftballSoccerFootballBackstopsBasketballCourtsTennis CourtsSwimmingPoolHikeandBikeTrailsVolleyballCourtsPondsLacrosseFisingDockBoyer Park 0.4 P D X X X 6 2 1 1 Cedar Grove Park 9.8 N D 0.58 X X X 3 3 X X Chapel Hill Hike & Bike Trails 2.6 G D Cockrell Park 8.4 N U 1 Eagles Landing Park 7.6 N D 0.4 X X X 6 1 1 1 1 2 X Fire Station Park 1.2 P D X X X X Folsom Park 13.7 N D 1 X X X 3 1 6 1 2 X Frontier Park 79.7 C D 0.48 X X X 26 3 12 3 X 3 1 2 6 3 2 11 5 X X Hays Park 2.0 P U X Lakes of La Cima (East)11.5 G D 1 Lakes of La Cima (West)9.6 G D X Patin Property 17.1 C U X X Pecan Grove Park 21.5 N D X 3 1 7 X X X Prairie Park 6.7 N D X X X 2 X Preston Lakes Park 3.2 P D 0.17 X X Sexton Park 69.5 C U Town Lake Park (Greenspoint)6.2 C D 0.36 X X 1 X X X X Town Lake Park (Whispering Farms)18.3 C D X X X X 1 X X X Whispering Farms Hike & Bike Trails 6.1 G D 2.1 Whitley Place Park 18.2 N D 1.02 X X X 2 X 1 X X Windsong Park 7.5 N U Windsong Ranch Community Park 51.4 C U Totals 372 14.88*38 6 42 7 5 2 2 6 4 3 11 1 9 N = Neighborhood Park C = Community Park G = Greenbelts/Trail Corridor P = Pocket Park * Total trail mileage including those along trail easements page 29 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN page 30 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN PROSPER LITTLE LEAGUE (PLL) – BASEBALL AND SOFTBALL Statistics 2012 2013 2014 2015 2016*2017* Spring Fall Spring Fall Spring Fall Spring Fall Spring Fall Spring Fall #of teams 46 28 67 35 74 86 71 35 87 54 105 43 #of Total Participants 544 301 738 398 832 437 789 387 955 564 1155 468 #of Prosper residents registered 446 225 581 297 643 309 595 292 720 534 871 353 #of non-resident, but in PISD registered 72 48 75 68 132 62 149 73 180 19 281 88 #of non-resident and non-PISD registered 26 28 42 33 57 66 44 22 53 11 64 26 Season length Feb- July Aug- Nov Feb- July Aug- Nov Feb- July Aug- Nov Feb- July Aug- Nov Feb- July Aug- Nov Feb- July Aug- Nov SPORTS PROGRAMS AND ASSOCIATIONS YEARLY PARTICIPATION FACILITIES USED: • Eagles Landing (Boyer) • Eagles Landing (Coffman) • Eagles Landing T-Ball North • Eagles Landing T-Ball South • Folsom T-Ball North • Folsom T-Ball South • Frontier Park (#1 - #5) • Main Street North (Smotherman) • Main Street South (Clary) • Reynolds Baseball • Reynolds Softball • Rogers • Rucker South (Boyer) • Rucker T-Ball North • Rucker T-Ball South *Note: These are projected numbers provided by the sport organizations. page 31 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN TOTAL PROSPER LITTLE LEAGUE PLAYERS School Attending League Name Total Inside PLL Boundaries Inside PISD 6U Beginning Coach Pitch 33 8U Advanced Coach Pitch 44 10U Modified Kid Pitch 38 12U Kid Pitch 23 T-Ball (ages 4-5)43 Beginning Coach Pitch (ages 5-6)95 Advanced Coach Pitch (6-8)151 Modified Kid Pitch (7-9)68 AAA Kid Pitch (8-10)102 Majors (10-12)110 Intermediate (ages 11-13)31 Juniors (ages 13-14)6 Inside PISD Total 744 Outside PISD 6U Beginning Coach Pitch 2 8U Advanced Coach Pitch 1 10U Modified Kid Pitch 2 12U Kid Pitch 2 Beginning Coach Pitch (ages 5-6)1 Advanced Coach Pitch (6-8)2 Modified Kid Pitch (7-9)2 AAA Kid Pitch (8-10)10 Majors (10-12)6 Intermediate (ages 11-13)2 Outside PISD Total 30 Total Inside PLL Boundary 774 Outside PLL Boundaries Inside PISD Majors (10-12)1 Inside PISD Total 1 Outside PISD 8U Advanced Coach Pitch 2 10U Modified Kid Pitch 3 Advanced Coach Pitch (6-8)2 Modified Kid Pitch (7-9)1 AAA Kid Pitch (8-10)3 Majors (10-12)3 Outside PISD Total 14 Outside PLL Boundaries Total 15 Grand Total 789 page 32 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN PROSPER AREA SOCCER ASSOCIATION (PASO) – SOCCER Statistics 2012 2013 2014 2015 2016*2017* Spring Fall Spring Fall Spring Fall Spring Fall Spring Fall Spring #of teams 78 87 96 112 117 123 120 138 140 166 170 #of Total Participants 706 816 892 987 1024 1199 1229 1450 1500 1800 1875 #of Prosper residents registered 360 487 484 570 579 712 739 900 930 1116 1160 #of non-resident, but in PISD registered 103 105 138 149 160 271 286 1200 1245 1494 1560 #of non-resident and non-PISD registered 145 156 176 198 203 216 204 250 255 306 315 Season length Jan- May Aug- Nov Jan- May Aug- Nov Jan- May Aug- Nov Jan- May Aug- Nov Jan- May Aug- Nov Feb- May FACILITIES USED: • Fire Station Park • Folsom Park • Frontier Park • Rucker Park *Note: These are projected numbers provided by the sport organizations. page 33 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN PROSPER YOUTH SPORTS ASSOCIATION (PYSA) – LACROSSE Statistics 2012 2013 2014 2015 2016*2017* Spring Fall Spring Fall Spring Fall Spring Fall Spring Fall Spring #of teams - - - - 6 6 8 7 11 8 14 #of Total Participants - - - -102 84 134 100 200 120 240 #of Prosper residents registered - - - -83 72 107 90 180 108 216 #of non-resident, but in PISD registered - - - -19 12 24 8 16 10 19 #of non-resident and non-PISD registered - - - - - 0 3 2 4 3 5 Season length - - - - 3 Months 3 Months 3 Months 3 Months 3 Months 3 Months 3 Months FACILITIES USED: • Rogers (PISD) Football Field • Rucker Football Field *Note: These are projected numbers provided by the sport organizations. page 34 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN PROSPER YOUTH SPORTS ASSOCIATION (PYSA) – FOOTBALL Statistics 2012 2013 2014 2016*2017* Spring Fall Spring Fall Spring Fall Spring Fall Spring Fall #of teams -27 -29 -28 -12 -15 #of Total Participants -376 -406 -388 -216 -270 #of Prosper residents registered -300 -325 -370 -140 -175 #of non-resident, but in PISD registered -57 -61 -90 -65 -80 #of non-resident and non-PISD registered -19 -20 -18 -11 -15 Season length -115 Days -115 Days -115 Days -100 Days -100 Days FACILITIES USED: • Rogers Middle School (Practice and Games) • Rucker (Practice) • SWC of Frontier (Practice) *Note: These are projected numbers provided by the sport organizations. page 35 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN PROSPER YOUTH SPORTS ASSOCIATION (PYSA) – FLAG FOOTBALL Statistics 2016*2017* Spring Fall Spring Fall #of teams -32 -40 #of Total Participants -320 -400 #of Prosper residents registered -208 -260 #of non-resident, but in PISD registered -96 -120 #of non-resident and non-PISD registered -16 -20 Season length -100 Days -100 Days FACILITIES USED: • Rogers Middle School (Practice and Games) • Rucker (Practice) • SWC of Frontier (Practice) *Note: These are projected numbers provided by the sport organizations. page 36 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN PROSPER YOUTH SPORTS ASSOCIATION (PYSA) – BASKETBALL Statistics Spring 2012 Winter 2012 Spring 2013 Winter 2013 Spring 2014 Winter 2014 Spring 2016* Winter 2016* Spring 2017* Winter 2017* #of teams -52 -60 -63 -75 -85 #of Total Participants -471 -540 -561 -675 -765 #of Prosper residents registered -377 -432 -449 -440 -495 #of non-resident, but in PISD registered -71 -81 -84 -200 -230 #of non-resident and non-PISD registered -23 -27 -28 -35 -40 Season length -100 Days -100 Days -100 Days -100 Days -100 Days FACILITIES USED: • Fieldhouse USA for games • Prosper ISD Elementary Gym for practice *Note: These are projected numbers provided by the sport organizations. page 37 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN PROSPER YOUTH SPORTS ASSOCIATION (PYSA) – VOLLEYBALL Statistics 2012 2013 2014 Spring Fall Spring Fall Spring #of teams -8 -10 12 #of Total Participants -85 -96 128 #of Prosper residents registered -68 -77 103 #of non-resident, but in PISD registered -15 -17 23 #of non-resident and non-PISD registered -2 -2 2 Season length -90 Days -90 Days 90 Days FACILITIES USED: • Fieldhouse USA for Games • Rogers Middle School for Practice *Note: These are projected numbers provided by the sport organizations. page 38 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN NON TOWN-OWNED FACILITIES Facility Pool Play- ground Spray- ground Pavilion Soccer Practice Field 18-hole golf course Gentle Creek 1 1 - 3 - 1 Glenbrook 1 1 - 1 - - La Cima - 1 1 2 - - Lakes of Prosper 1 1 - 1 1 - Parks at Legacy 1 - - 1 - - Steeplechase - - - 1 - - Whitley Place 1 1 - 1 - - Wildwood Estates 1 - - 1 - - Willow Ridge 1 1 - 3 - - Windsong Ranch 2 1 - - - - page 39 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN PISD INVENTORY Facility Play- ground Basket- ball Court Tennis Court Baseball Field Softball Field Soccer Field Football Field Indoor Football Field Indoor Gym Track and Field Picnic Tables Benches Rucker Elementary 2 1 - - - - - - 1 - √ - Folsom Elementary 1 1 - - - - - - 1 - - √ Cockrell Elementary 1 1 - - - - - - 1 - √ - Rogers Middle School - 4 2 - - - - - 2 1 - - Reynolds Middle School - - 4 1 1 - 1 1 2 1 - - Prosper High School - - 8 1 1 2 3 1 3 1 - - 4SECTIONPOPULATION AND DEMOGRAPHICS page 40 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN SECTION 4: POPULATION AND DEMOGRAPHICS Prosper Population Data 1990 2000 2010 2014*2015 1,018 2,097 9,423 14,710 15,970 2015 Population Density (persons per square mile): 699.46 Prosper Housing Estimates April 1, 2010 January 1, 2014 January 1, 2015 Single Family 2,833 4,117 4,579 Multi-Family 526 648 648 Other 110 110 72 Total Units 3,469 4,875 5,299 * Some estimates have been revised Sources: 1990, 2000, 2010 - U.S. Census Bureau; 2014, 2015 - NCTCOG Annual Population Estimates • Single Family Units – Housing that consists of one structure, attached or detached (by definition of U.S. Census Bureau) • Multi-Family Units – Housing that consists of structures with two or more units, or several structures with several families (i.e., townhomes, condominiums, duplexes and apartments) • Other Units – Housing in non- or semi-permanent structures (i.e., mobile homes, manufactured housing, boats, RVs) Source: NCTCOG Annual Population Estimates The population of a community can be evaluated in a variety of ways for purposes of park planning. The design of public services is based in part on consumption characteristics of the residents. The location, size, and amenities of parks should be based on the density and distribution of the population as recipients of these services. In order to assist in forecasting the future park and recreation needs of the Town of Prosper, this section provides information on some particular characteristics over the past five years. There are various ways to estimate population for a given area. The North Central Texas Council of Governments (NCTCOG) uses a method that accommodates the varying levels of data available for local communities while focusing on consistency. Their estimates have been developed to use in regional planning activities. NCTCOG performs demographic research on such topics as population, housing, employment, income, etc. page 41 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN TOP 12 CITIES FOR ESTIMATED PERCENT POPULATION GROWTH 2014– 2015 0% 5% 10% 15% 20% Chart  Title   Column3   Column2   Column1   Column12   Column13   Column14   Column15   Column16   Column17   Column18   Column19   Column20   17.1% 11.3%10.6%9.9% 8.6%8.4%8.0%7.7%7.6%7.2%17.1%7.1% Source: NCTCOG 2015 Population Estimates McLendon-ChisholmMelissaFateCelinaHickory CreekProsperLavonLittle ElmAledoCross RoadsLucasAnnaProsper Income and Poverty 2009-2013 Median Household Income $118,281 Per Capita Income $40,148 Percent of People in Poverty 8.0% Figures are based on the most current American Community Survey data available. Median Household Income and Per Capita Income are in 2013 inflation adjusted dollars. Source: NCTCOG Annual Population Estimates Prosper Estimated Employment 2011 Goods Producing Industries [NAICS 11, 21-23, 31-33, 42, 48, 49]307 Services Providing Industries [NAICS 51-56, 61, 62, 71, 72, 81, 92]1,412 Retail Industries [NAICS 44, 45]211 Total 1,930 The North American Industry Classification System (NAICS) is the standard used by Federal statistical agencies in classifying business establishments for the purpose of collecting, analyzing, and publishing statistical data related to the U.S. business economy. For more information, visit http://www.census.gov/eos/www/naics/. Source: Bureau of Economic Analysis and U.S. Census Bureau, analyzed by NCTCOG page 42 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN 2015 POPULATION ESTIMATES, CITY BY COUNTY 4/1/2010 Census 1/1/2014 Estimate 1/1/2015 Estimate 2014-2015 Absolute Change 2014-2015 Percent Change Collin County 782,341 846,850 868,790 21,940 2.60% Allen 84,246 90,030 91,390 1,360 1.50% Anna 8,249 10,250 10,980 730 7.10% Celina 6,028 6,660 7,320 660 9.90% Fairview 7,248 8,310 8,420 110 1.30% Farmersville 3,301 3,290 3,310 20 0.60% Frisco 116,989 137,310 145,510 8,200 6.00% Lavon 2,219 2,740 2,970 230 8.40% Lowry Crossing 1,711 1,710 1,710 0 0.00% Lucas 5,166 5,970 6,400 430 7.20% McKinney 131,117 147,910 154,840 6,930 4.70% Melissa 4,695 6,190 6,890 700 11.30% Murphy 17,708 18,830 19,170 340 1.80% Parker 3,811 4,110 4,200 90 2.20% Plano 259,841 269,330 271,140 1,810 0.70% Princeton 6,807 7,840 7,910 70 0.90% Prosper 9,423 14,710 15,970 1,260 8.60% St. Paul 1,066 1,070 1,080 10 0.90% Wylie 41,427 44,280 45,000 720 1.60% Split Cities Adjustment 31,426 23,680 20,030 -- Remainder of County 39,863 42,630 44,550 1,920 4.50% 5SECTIONSTANDARDS AND GUIDELINES page 43 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN SECTION 5: STANDARDS AND GUIDELINES When evaluating Prosper’s entire park system, it is important to address the adequacy of existing parks, recreation facilities, park acreage, and open spaces. A key part of this evaluation is to compare the needs of the present and forecasted populations of Prosper to specific standards and guidelines. This Master Plan includes the traditional standards established by the National Recreation and Park Association (NRPA). The NRPA standards have been the most widely accepted and used standards for decades, especially by local municipalities across the US. This section includes a comparison of Prosper to the NRPA standards based upon park acreage per population, as well as recreational facilities per population. I. CRITERIA FOR STANDARDS The most common standards for park planning, as recognized by park and recreational professionals, are the published standards by the NRPA. As acknowledged in their publications, the NRPA recognizes the importance of establishing and using park and recreation standards as: A. A national expression of minimum acceptable facilities for the citizens of urban and rural communities. B. A guideline to determine land requirements for various kinds of park and recreation areas and facilities. C. A basis for relating recreation needs to spatial analysis within a community wide system of parks and open spaces. D. One of the major structuring elements that can be used to guide and assist regional development. E. A means to justify the need for parks and open space within the overall land use pattern of a region or community. The purpose of the NRPA standards is to present park and recreation space guidelines that are applicable for planning, acquisition, and development of parks systems. These standards should be viewed as a guide by those municipalities that use them. The standards are to be coupled with the expertise of park planners when evaluating a community to which they are applied. Variations in the standards can also be established to reflect the unique social and geographical conditions of community. page 44 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN II. PARK CLASSIFICATION SYSTEM As the team evaluated Prosper’s park system, they confirmed the classification of each park by type, size, service area, and acres per 1,000 population. The following seven (7) NRPA classifications for parks were used for this Master Plan: POCKET PARK (MINI PARK) The Pocket Park (called Mini Park by NRPA) is used to address limited, isolated or unique recreational needs of concentrated populations. Typically less that ¼ mile apart in a residential setting, the size of a Pocket Park ranges between 2,500 square feet and 1 acre in size. These parks may be either active or passive, but speak to a specific recreational need rather that a particular population density. NRPA standards for these parks are .25 to .50 acres per 1,000 population. NEIGHBORHOOD PARK Neighborhood parks serve a variety of age groups within a limited area or “neighborhood”. They range in size from 1-15 acres and generally serve residents within a ¼ to ½ mile radius. The neighborhood park is an area for active recreation such as field games, court games, playgrounds, picnicking, etc. Facilities are generally unlighted and there is limited parking, if any, on site. NRPA standards for these parks are 1 to 2 acres per 1,000 population. COMMUNITY PARK Community parks are larger than neighborhood parks and serve several neighborhoods. They range in size from 16-99 acres and serve the entire City. The community park may be a natural area or developed area for a variety of outdoor recreation such as ballfields, playgrounds, boating, fishing, swimming, camping, picnicking, and trail systems. NRPA standards for these parks are 5 to 8 acres per 1,000 population. METROPOLITAN PARK Metropolitan parks are large park facilities that serve several communities. They range in size from 100-499 acres and serve the entire City. The metropolitan park is a natural area or developed area for a variety of outdoor recreation such as ballfields, playgrounds, boating, fishing, swimming, camping, picnicking, and trail systems. NRPA standards for these parks are 5 to 10 acres per 1,000 population. REGIONAL PARK Regional parks are very large multi-use parks that serve several communities within a particular region. They range in size from 500 acres and above and serve those areas within a one hour driving distance. The regional park provides both active and passive recreation, with a wide selection of facilities for all age groups. They may also include areas of nature preservation for activities such as sight-seeing, nature study area, wildlife habitat, and conservation areas. NRPA standards for regional parks vary due to the specific site and natural resources. page 45 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN SPECIAL USE AREAS Special use areas and parks are for specialized or single purpose recreation activities. NRPA defines these areas such as historical areas, nature centers, marinas, zoos, conservatories, arboretums, arenas, amphitheaters, plazas or community squares. There are no specific standards for size or acreage since each community will vary. LINEAR PARK Linear parks are built connections or natural corridors that link parks together. Typically, the linear park is developed for one or more modes or recreational travel such as walking, jogging, biking, in-line skating, hiking, horseback riding, and canoeing. NRPA does not have any specific standards for linear parks other than they should be sufficient to protect the resources and provide maximum usage. page 46 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN NRPA PARK ACREAGE GUIDELINES TYPE SIZE/ACRES SERVICE AREA ACRES PER 1,000 POPULATION Pocket Park 2500 S.F.–1 Acre Less Than 1/4 Mile Distance in Residential Setting .25–.5 ac/1,000 Neighborhood Park 1–15 Acres One Neighborhood 1/4 to 1/2 Mile Radius 1.0–2.0 ac/1,000 Community Park 16–99 Acres Several Neighborhoods 5.0–8.0 ac/1,000 Metropolitan Park 100–499 Acres Several Communities Under 1 Hour Driving 5.0–10.0 ac/1,000 Regional Park 500+Several Communities Within 1 Hour Driving Variable Special Use Areas Varies Depending on Desired Size No Applicable Standard Variable Linear Park Sufficient Width to Protect the Resource and Provide Maximum Usage No Applicable Standard Variable Total 11.25–20.5 Ac/1,000 Population page 47 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN I. RECOMMENDATIONS FOR LAND ACQUISITION Over the past decade, The Town of Prosper has done well in adding parkland within key sections of the community. But with the tremendous growth that is ahead, the required parkland to keep up with the population increase will be a constant challenge. Town leaders must continue to stay focused on this need, with strategic decisions to expand the overall park system to meet Prosper’s growing citizenry. During the needs assessment phase of the project, a common theme came up about Prosper’s future growth and the need for parkland acquisition. This was expressed by various groups that participated in the public input process as well as during work sessions with Town leaders. The citizen survey included a question about top priorities for future funding and “Acquire land for open space and natural areas” was in the top five answers. This reinforces the importance of acquiring parkland to stay ahead of the future recreational needs. Currently, Prosper has 372 acres of parkland within its overall park system. As compared to NRPA guidelines applied to a population of 15,000, the Town is recommended to have somewhere between 182- 335 acres of parkland. This reinforces the Town’s success in keeping up with the current growth in terms of total park acreage to serve the community. But this commitment to acquire additional parkland must remain a priority year-by-year. This is especially true as Prosper continues to grow towards its ultimate build-out population of 70,000. Specific recommendations for parkland acquisition in various park categories include the following: POCKET PARKS The Town currently has 6.76 acres of Pocket Parks in their system. These small public parks usually occur within private development projects, and often become dedicated space from a developer to the Town. There is no need to pursue new land in this category because development activities will likely add new parcels that serve as Pocket Parks in neighborhood areas. NEIGHBORHOOD PARKS The Town currently has over 93 acres of Neighborhood Parks, which is well above the NRPA recommendation of 15-30 acres. This is the result of expansive growth in the residential sector across the Town. Many of these Neighborhood Parks have been dedicated to the Town during the private development process. This trend will continue for many years and will provide additional sites for Neighborhood Parks that correspond to high-growth areas. The Town will still need to pursue specific Neighborhood Park sites in areas that have limited park opportunities currently, or need additional park amenities to serve the surrounding population. COMMUNITY PARKS The Town currently has over 242 acres of Community Parks, which helps the Town in providing facilities for the many sports needs within the community. With the current development of Frontier Park north of Town, and Town Lake Park to the east, Prosper has both active and passive recreational opportunities. The future development of Sexton Park will also provide a nice range of new park amenities in the page 48 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN eastern part of town. Additionally, the future development of Windsong Ranch Park in west Prosper will provide recreational amenities. To serve the future needs for up to 70,000 residents, the Town will need to be aggressive in acquiring parkland to serve for Community Parks. This translates to an additional 107 to 317 acres to meet the NRPA recommendation. The Town must pursue strategic opportunities to provide additional Community Parks to serve the growing sports associations. Additionally, future Community Parks can also serve the passive recreational needs for open space, natural areas, and environmental learning. METROPOLITAN AND REGIONAL PARKS Prosper does not currently have any park acreage in these two categories. For communities with populations under 50,000 this is normal. As the Town moves beyond 50,000 residents, it may become important to consider one (1) larger park that serves all of Prosper, and might even become a “signature park” that is part of Prosper’s image. These large parks are typically over 250-300 acres in size, and provide a range of both active and passive recreation. SPECIAL USE PARKS Prosper does not currently have any Special Use Parks. NRPA does not have any set guidelines for recommended acreage in this category. But Prosper may have some unique opportunities in the future to add some Special Use Parks, with examples being a Nature Center or a Skatepark. These could be partnering opportunities with the private sector or a not-for-profit organization. LINEAR PARKS The Town currently has over 29 acres of Linear Parks. Even though there is no set NRPA guideline for acreage, Linear Parks can be one of Prosper’s great features within its park system. Linear Parks often have wonderful trail systems as well as greenway corridors associated with creeks and streams. Development activities will continue to bring about new parklands to serve as Linear Parks throughout Prosper. Acquiring land in this category will expand the linear connections along drainageways, thus providing key linkages to schools, neighborhoods, and commercial areas. page 49 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN page 50 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN Zone Existing Acreage NRPA Guidelines for 2014 Population of 15,000 Difference Between NRPA Guidelines and Existing Prosper Parks Range Range Pocket Parks 6.76 3.75–7.5 3.01–(.74) Neighborhood Parks 93.4 15.0–30.0 78.4–63.4 Community Parks 242.2 75–120 167.2–122.2 Metropolitan Park 0 75–150 (75)–(150) Regional 0 n/a n/a Special Use Park 0 n/a n/a Linear Parks 29.8 n/a n/a Totals 372.16 182.5–335 173.61–34.86 NRPA PARK ACREAGE GUIDELINES COMPARED TO 2014 POPULATION IN PROSPER Zone Existing Acreage NRPA Guidelines for Population of 70,000 Difference Between NRPA Guidelines and Existing Prosper Parks Range Range Pocket Parks 6.76 17.5–35 (10.74)–(28.24) Neighborhood Parks 93.4 70–140 23.4–(46.6) Community Parks 242.2 350–560 (107.8)–(317.8) Metropolitan Park 0 350–700 (350)–(700) Regional 0 n/a n/a Special Use Park 0 n/a n/a Linear Parks 29.8 n/a n/a Totals 372.16 787.5–1,435 (445.14)–(1,017.8) NRPA PARK ACREAGE GUIDELINES COMPARED TO FUTURE POPULATION IN PROSPER page 51 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN FACILITY DEVELOPMENT STANDARDS APPLIED TO TOWN OF PROSPER Activity/Facility Recommended Guidelines: Facilities Per Population Existing Facilities in Prosper Recommended Guidelines: Facilities for 2014 Population of 15,000 Recommended Guidelines: Facilities for Projected Population of 70,000 NRPA Recommended Guidelines North TX Recommended Guidelines Baseball Fields (3 game fields, 1 practice) 1 per 4,0001 3 4 18 1 per 5,000 1 per 2,500 Basketball Courts (outdoor)1 per 5,0002 0 3 14 1 per 5,000 1 per 5,000 Football Fields 1 per 20,000 2 1 1 4 1 per 20,000 1 per 20,000 Pavilion/Picnic Shelter 1 per 3,0001 7 5 23 1 per 2,000 Picnic Tables 1 table per 3002 38 50 233 1 per 300 1 per 300 Playgrounds 1 area per 1,0002 6 15 70 1 per 1,000 1 per 1,000 Recreation Center 1 SF per person 1 0 15,000 SF 70,000 SF 1 center per 20,000-30,000 1 per 10,000 Soccer Fields (league)1 per 4,0001 11 4 18 1 per 10,000 1 per 10,000 Softball Fields (2 game fields, 1 practice) 1 per 4,0001 2 4 18 1 per 5,000 1 per 2,500 Swimming Pool (outdoor)1 per 20,0002 0 1 4 1 per 20,000 1 per 20,000 Tennis Courts 1 court per 2,0002 6*8 35 1 per 2,000 1 per 2,000 Trails 1 mile per 4,0001 18 4 18 1/2 - 1 mile per 10,000 1 mile per 4,000 Volleyball Courts (outdoor)1 per 5,0002 0 3 14 1 per 5,000 1 per 5,000 *PISD Facilities 1 - Dunaway recommendation for high use by Youth Sports. 2 - Facility guidelines from Collin County Parks and Open Space Strategic Plan, as well as NRPA guidelines. 6SECTIONNEEDS ASSESSMENT page 52 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN SECTION 6: NEEDS ASSESSMENT I. INTRODUCTION AND STUDY OBJECTIVES PURPOSE OF STUDY The Needs Assessment was one of the most significant steps in the development of the Master Plan for the Town of Prosper. The findings of the Needs Assessment Study provide a foundation for the direction of the Master Plan and provide guidance for developing priorities for park facilities and future park development. National Service Research (NSR), a full service research firm, employed a two- step approach in garnering opinions of the citizens of Prosper. The Needs Assessment process was undertaken to meet the following objectives: 1. To identify priorities of Prosper citizens for facilities, amenities and athletic needs. 2. To measure the interest in various activities, events and programs. 3. To identify support for funding options for future development of parks and facilities. 4. To create profiles of survey respondents by key demographic variables. II. RESEARCH METHODOLOGY APPROACH USED A visioning session/pubic meeting was held Monday May 12, 2014, at the high school cafeteria to gain input from Prosper citizens. The outcome of the public meeting are presented in this summary. The research process included a post card mailed to every Prosper resident plus 234 households within the ETJ. The residential mailing list was provided to NSR by the Town of Prosper. The post card provided residents with the survey purpose and online link to the survey. • The on-line survey was available to all Prosper households within the Town limits and the ETJ, and was clearly posted on the Town’s website. • The survey document was designed in conjunction with NSR, Dunaway Associates and the Town of Prosper. The survey questions were based upon goals and objectives of the Parks and Recreation Department. The final survey was approved by Town staff and the Advisory Committee. • The 5,000 postcards were mailed June 18, 2014. The online survey link was active through July 14, 2014. Respondents completing the entire survey totaled 632, providing a margin of error of plus or minus 4.1% at a 95% confidence level. • All questions were optional to answer, therefore response totals on each question varied and are noted herein. • The survey gathered individual IP addresses for each survey completed. Any duplicate IP addresses were deleted from the survey data base. page 53 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN Don't know Other HOA newsletter Park and Rec flyers Prosper School District publications Youth sports associations Email from Town of Prosper Facebook Town of Prosper website 11.3% 12.3% 10.9% 12.7% 14.9% 15.9% 27.1% 29.3% 38.7% 2014 All Respondents N=835 INFORMATION ABOUT PARKS, RECREATION FACILITIES/PROGRAMS • The primary ways residents find out about parks, recreation facilities and programs are through the Town’s website, Facebook and emails from the Town of Prosper. • Additionally, youth sports associations, Prosper School District publications and park and recreation department flyers are other ways residents find out. page 54 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN (N=Number of respondents answering each age group) Frequency of Use Age Group At least weekly A few times per month At least once per month A few times per year Rarely Never Children 5 and under (N=275)39%32%11%9%4% 4% Children ages 6 to 10 (N=329)37%33%9%14%5%2% Children 11 to 17 (N= 255) 28%23%12%19%11%7% Adults ages 18 to 29 (N=121)20% 20%9%23%14% 14% Adults ages 30 to 49 (N=508)36%22%9%13%12%7% Adults ages 50 to 65 (N=186)20%17%11%15%20%17% Adults over 65 (N=94)21%17%5%21%19%16% FREQUENCY OF USE BY AGE CATEGORY • Children ages 10 and under are the most frequent users of the Town of Prosper parks. • The most frequent park users among the adult age groups are 30 to 49 years of age. • 43% of those over 65 use the parks at least once a month. page 55 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN All Respondents (N=648 to 695)Ranking Prosper Parks, Facilities, Programs, Events Above Average Satisfactory Needs Some Improvement Needs Much Improvement Don’t know/ Not Familiar COMMUNITY PARKS (over 20 acres) Frontier Park 51%26% 6%1%16% Town Lake Park 3%7%9% 5%76% NEIGHBORHOOD PARKS (5 to 20 acres) Eagles Landing Park 2%8%5%2%82% Folsom Park 3%20% 10%3%64% Main Street Park 1%11%10%3%75% Pecan Grove Park 2%8%5%3%82% Whitley Place Park 5%11%4%3%77% POCKET PARKS (Less than 5 acres) Boyer Park 2%10%5%2%81% Hays Park 0% 3% 2% 3%91% Fire Station Park 1%5%4%3%87% PROGRAMS AND SPECIAL EVENTS Tennis Program 2%5%4%3%86% Christmas Festival 12%28%12%3%45% Community Picnic 8%19%6%2%65% Movies in the Park Summer Series 13%24%5%1%57% Fishing Derby 7%17%6%2%68% RATING OF EXISTING FACILITIES page 56 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN All Respondents (N=640 to 679)Frequency of Use Facility At least weekly At least once a month Several times per year Once a year or less Never/ Don’t use Community Parks (Over 20 acres)26%25%21%11%17% Neighborhood Parks (5 to 20 acres)17%18%17%11%37% Pocket Parks (Less than 5 acres)5%8%10%13%64% Trails 17%12% 12%7%52% Athletic Fields 24%12% 12%4%48% FREQUENCY OF PARK/FACILITY USE page 57 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN PROGRAM PARTICIPATION • There is strong interest in recreation/leisure programs among all children’s age groups. • In the adult age categories, interest is strongest among those aged 30 to 49. None/Not interested Over 65 50 to 65 30 to 49 18 to 29 11 to 17 6 to 10 5 and under 10.6% 6.8% 18.7% 51.9% 7.5% 25.1% 35.9% 23.9% 2014 All Respondents N=696 page 58 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN Facility/Amenity (All Responses N=594 to 628) % Highly Favor (Rated “4”) Mean Score* Hike/bike/walk/jog trails 62.70%3.5 Community/Recreation center 58.50%3.38 Add shade in parks 56.60%3.41 Add shade in park playgrounds 57.20%3.38 Lighting in Parks 45.50%3.2 Playgrounds 42.50%3.16 Aquatic center 48.30%3.14 Open spaces/natural areas 42.80%3.11 Picnic areas/pavilions 36.20%3.01 Spray grounds/splash pads 38.90%2.98 Bike lanes (along major roadways)44.50%2.97 Large nature area/preserve 36.40%2.92 NEEDED FACILITIES OR AMENITIES – TOP 12 *Calculation of Mean Scores excludes "don’t know" and "not familiar" responses. page 59 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN Facility/Amenity (All Responses N=594 to 628) % Highly Favor (Rated “4”) Mean Score* Water features (fishing pond, fountains, etc.)35.90%2.94 Leisure outdoor swimming pool 34.10%2.7 Dog park 28.40%2.67 Veterans Memorial 25.30%2.67 Natural surface trails/tracks (for BMX, mountain biking, etc.)24.60%2.59 Amphitheater 20.30%2.47 Nature center 15.40%2.41 Community garden 14.60%2.21 Disc golf 9.30%2.05 Outdoor exercise equipment 11.00%2 Equestrian center and trails 8.00%1.93 NEEDED FACILITIES OR AMENITIES – 13–23 *Calculation of Mean Scores excludes "don’t know" and "not familiar" responses. page 60 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN Athletic Facility (All Responses N=540 to 564) % Definitely Needed (Rated “4”) Mean Score* Gymnasium/Indoor courts 27.30%2.76 Basketball courts 22.30%2.76 Tennis courts 24.10%2.75 Practice athletic fields 22.30%2.69 Softball fields 18.00%2.57 Soccer fields 20.00%2.54 Baseball fields 17.20%2.47 Football fields 14.30%2.3 Sand volleyball courts 10.00%2.25 Racquetball courts 8.40%2 Skate park 8.40%1.95 Lacrosse fields 7.10%1.95 Roller hockey 2.20%1.47 Rugby fields 0.70%1.36 NEEDED ATHLETIC FACILITIES *Calculation of Mean Scores excludes "don’t know" and "not familiar" responses. page 61 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN All Respondents (N=554 to 591)Funding Priorities 4-Top Priority 3 2 1-Low Priority No Opinion Mean Score 1-Develop new hike/bike/ walk trails 51.80%23.20%13.00%8.60% 3.40%3.22 2-Build a community/ recreation center 42.60%21.50%16.60%15.40%4.00%2.95 3-Develop new community parks and facilities (20 to 200 acres) 30.50%32.30%20.00%12.60%4.60%2.85 4-Build an Aquatic Center and/or natatorium 37.00%18.10%15.00%24.70%5.30%2.71 5-Acquire land for open space, natural areas 29.10%25.40%19.60%18.20%7.80%2.71 6-Develop new neighborhood parks and facilities (5 to 20 acres) 20.20%27.50% 26.80%19.10%6.30%2.52 7-Enhance park maintenance 15.70%27.50%36.00%13.00%7.80%2.5 8-Provide special events 19.00%26.40%28.20% 20.80%5.80%2.46 9-Provide additional recreation programs / classes 18.20%23.20% 31.20% 20.40%7.00%2.42 10-Renovate existing parks and facilities 10.50%22.60% 34.80%23.80%8.30%2.21 11-Develop a Veterans Memorial Park 12.80%16.00%23.40%37.30%10.50%2.05 12- Build a Senior Center 12.30%13.60%23.40% 40.00%10.70%1.98 FUNDING PRIORITIES • The citizens reported strong support for new trails, a recreation center and community parks. page 62 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN All Respondents (N=605 to 630)Funding Option Priorities 4-Top Priority 3 2 1-Low Priority No Opinion Mean Score 1-Increased park improvement fees for developers 48.90%24.60%12.10%7.90%6.50%3.22 2-Voter approved bond programs 29.50%27.40%18.30%17.80% 7.00%2.74 3-Increased user fees (paying a fee to use a facility/program) 27.50%19.60%20.90%29.60%2.30%2.46 4-Incorporate a half cent sales tax (4B)27.50%21.60%12.20%35.10%3.60%2.43 5-Increased property taxes 3.50% 5.00%9.10%78.20%4.30%1.31 FUNDING OPTION SUPPORT • The citizens reported strong support for increased park improvement fees for developers, voter approved bond programs, increased user fees and a half cent sales tax. page 63 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN COMMENTS – TOWN OF PROSPER PARKS/PROGRAMS/FACILITIES • Over 270 respondents provided comments on this open ended question at the end of the survey. The comments provided confirm the findings herein. • There were many comments regarding the need for: • Trails (connectivity of trails, more nature trails, linear trails, etc.) • Nature parks/trails, more green spaces, nature preserves, open spaces • Practice fields • Dog park • Skate park • Aquatic center, swimming pool, splash pads • Recreation/community center • Tennis courts • Disc golf • Improvements to Town Lake Park • Add commercial businesses to augment the tax base • Maintain existing parks SURVEY AREA MAP page 64 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN DEMOGRAPHICS – AREA OF RESIDENCE 0% 10% 20% 30% 40% 50% 60% 70% 80% Area A Area B Area C 27% 71% 2% All  Respondents  N=636   DEMOGRAPHICS – LENGTH OF RESIDENCY • A high percentage of newer residents participated in the survey 0% 10% 20% 30% 40% Less than 2 years 2 to 5 years 6 to 10 years 11 to 20 years Over 20 years 30% 38% 24% 7% 2% All Respondents N=632 All Respondents N=636 page 65 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN 0% 10% 20% 30% 40% 50% 5 and Under 6 to 10 11 to 17 18 to 24 No children in household 33% 41% 36% 10% 24% All Respondents N=634 DEMOGRAPHICS • The Town of Prosper has a significant young family demographic. DEMOGRAPHICS – HEAD OF HOUSEHOLD AGE 0% 10% 20% 30% 40% 50% Under 35 35 to 44 45 to 54 55 to 64 65 to 74 75 or older 12% 45% 24% 11% 7% 1% All Respondents N=634 7SECTIONRECOMMENDATIONS/ PRIORITIES FOR MASTER PLAN page 66 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN SECTION 7: RECOMMENDATIONS/ PRIORITIES FOR MASTER PLAN The recommendations and priorities in this section are a result of incorporating the inventory, standards analysis, and needs assessment into a ranking of priority needs. From the priority needs, an Action Plan has been established which will help guide the growth, development, and maintenance of the park system for the next five to ten years. PRIORITY SUMMARY At the completion of the citizen survey during the needs assessment phase, a method of ranking priorities was implemented. This method included using specific input from the citizen survey results, Advisory Committee, Park and Recreation Board, Town Staff and Dunaway team. The following weighted values were assigned to each: 1. Citizen Input / Survey Results (50%) – The specific needs and requests by the Prosper community as tabulated from the citizen survey 2. Advisory Committee (10%) – The specific needs as identified by members of the committee that represent distinct recreational groups/activities in Prosper 3. Parks and Recreation Board (10%) – The specific recreational needs in Prosper as identified by appointed Park and Recreation Board members 4. Town Staff (15%) – The specific needs as identified by staff based upon recreation programs and demands upon resources 5. Dunaway Team (15%) – The specific recommendations based upon years of park planning/ design experience as well as assessing the unique needs of Prosper and its community, demographics, growth projections, etc. The results of the priority ranking were tabulated into three categories: High Priority, Moderate Priority, and Low Priority. The table on the following page provides a summary of the priorities for the Town of Prosper. page 67 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN TOWN OF PROSPER PRIORITY RANKINGS Facility High Moderate Low 1.Community/Recreation Center • 2.Picnic Areas/Pavilions • 3.Shade to Playgrounds • 4.Hike/Bike/Walk Trails • 5.Tennis Courts • 6.Practice Athletic Fields • 7.Softball Fields • 8.Gymnasium • 9.Baseball Fields • 10.Shade in Parks • 11.Basketball Courts • 12.Lighting in Parks • 13.Soccer Fields • 14.Spraygrounds/Splash Pads • 15.Playgrounds • 16.Large Nature Area/Preserve • 17.Bike Lanes • 18.Open Spaces/Natural Areas • 19.Aquatic Center • 20.Water Features • 21.Football Fields • 22.Leisure Outdoor Swim • 23.Amphitheater • 24.Dog Park • 25.Natural Surface Trails/Tracks • 26.Sand Volleyball Courts • 27.Disc Golf • 28.Veterans Memorial • 29.Outdoor Exercise Equipment • 30.Lacrosse Fields • 31.Nature Center • 32.Equestrian Center • 33.Community Garden • 34.Skatepark • 35.Racquetball Courts • 36.Rugby Fields • 37.Roller Hockey • page 68 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN HIGH PRIORITY ITEMS Rank Action Plan Location 1 Community/Recreation Center Future Park Site Joint-use facilities w PISD 2 Picnic Areas/Pavilions Cockrell Park Folsom Park Frontier Park Hays Park Town Lake Park Pecan Grove Park Whitley Park Sexton Park Future Park Sites 3 Shade to Playgrounds Cockrell Park Folsom Park Pecan Grove Park 4 Hike/Bike/Walk Trails Cockrell Park Frontier Park Hays Park Town Lake Park Pecan Grove Park Sexton Park Future Park Sites Along Greenbelt & Utility Corridors 5 Tennis Courts Pecan Grove Park Future Community Park Joint-use w PISD 6 Practice Athletic Fields Cockrell Park Eagles Landing Park Frontier Park Sexton Park Future Park Sites 7 Softball Fields Future Community Park Frontier Park 8 Gymnasium Future Recreation Center Joint-use with PISD 9 Baseball Fields Frontier Park Future Community Park 10 Shade in Parks Folsom Park Pecan Grove Park 11 Basketball Courts Cockrell Park Pecan Grove Park Future Park Sites page 69 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN HIGH PRIORITY ITEMS Rank Action Plan Location 12 Lighting in Parks Frontier Park Pecan Grove Park Sexton Park Future Community Parks 13 Soccer Fields Sexton Park Future Community Park 14 Spraygrounds/Splash Pads Future Community Park 15 Playgrounds Cockrell Park Hays Park Sexton Park Future Park Sites Joint-use with PISD Joint-use with Churches page 70 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN MODERATE PRIORITY ITEMS Rank Action Plan Location 16 Large Nature Area/Preserve Town Lake Park Cedar Grove Park Future Park/Preserve Site 17 Bike Lanes Selectively along major roadways 18 Open Spaces/Natural Areas Cockrell Park Town Lake Park Pecan Grove Park Cedar Grove Park Future Park Sites 19 Aquatic Center Part of Future Recreation Center Joint-use with PISD 20 Water Features Whitley Park Future Park Sites 21 Football Fields Sexton Park Joint-use with PISD Future Community Park 22 Leisure Outdoor Swim Part of Future Recreation Center 23 Amphitheater Future Community Park 24 Dog Park Future Community Park 25 Natural Surface Trails/Tracks/BMX/ Mountain Bikes Future Nature Area/Preserve 26 Sand Volleyball Courts Frontier Park Future Park Sites page 71 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN LOW PRIORITY ITEMS Rank Action Plan Location 27 Disc Golf Along Greenbelt Corridors 28 Veterans Memorial Frontier Park Future Town Hall Future Community Park 29 Outdoor Exercise Equipment Along Trail Corridors 30 Lacrosse Fields Future Community Park 31 Nature Center Future Nature Area/Preserve 32 Equestrian Center Future Joint-use w Private Operator 33 Community Garden Future Community Park 34 Skatepark Future Community Park 35 Racquetball Courts Future Recreation Center 36 Rugby Fields Future Community Park 37 Roller Hockey Future Community Park 8SECTIONIMPLEMENTATION page 72 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN SECTION 8: IMPLEMENTATION The Town of Prosper is committed to building and maintaining a park system that coincides with its quality of life. In order to achieve this, Town leaders realize the importance of outlining an organized strategy for funding capital improvements across the entire park system. To fund the various capital improvements on a yearly basis, Prosper has a tremendous opportunity to pursue a wide range of other funding sources that would add to the Town’s financial resources. Some of the following sources could be part of the overall implementation plan. ADVERTISING This funding source comes from the sale of advertising on park and recreation related items such as the Town’s program guide, on scoreboards, and other visible products or services. CORPORATE SPONSORSHIPS This funding source comes from corporations that invest in the development or enhancement of new or existing facilities. Sponsorships are also successfully used for special programs and events. FEES/CHARGES This funding source comes from fees for use of a facility or participation in a Town sponsored recreational program. FOUNDATIONS/GIFTS This funding source comes from tax-exempt organizations who give donations for specific facilities, activities, or programs. These may include capital campaigns, fundraisers, endowments, sales of items, etc. FRIENDS ASSOCIATIONS This funding source comes from friends groups that raise money typically for a single focus priority. This may include a park facility or program that will better the community they live in. GENERAL FUND This funding source is the primary means in providing for annual capital programs, improvements, and infrastructure upgrades. GENERAL OBLIGATION BONDS This funding source comes from bond programs approved by the citizens for capital improvements within the parks system. page 73 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN GRANTS – COLLIN COUNTY This funding source comes from grants for the development of new trails or trail extensions. GRANTS – TPWD OUTDOOR PROGRAM This funding source comes from grants for the acquisition & development of outdoor recreational facilities. GRANTS – TPWD RECREATIONAL TRAILS PROGRAM This funding source comes from grants for the development of new trails or trail extensions. GRANTS – TRANSPORTATION ENHANCEMENT (NCTCOG/TXDOT) This funding source comes from grants for the development of new trails or trail extensions. INTERLOCAL AGREEMENTS This funding source comes from contractual agreements with other local units of government for the joint-use of indoor or outdoor recreational facilities. IRREVOCABLE TRUSTS This funding source comes from individuals who leave a portion of their wealth for a trust fund. The fund grows over a period of time and is available for the Town to use a portion of the interest to support specific park facilities as designated by the trustee. NAMING RIGHTS This funding source comes from leasing or selling naming rights for new indoor facilities or signature parks. PARK DEDICATION FEE This funding source comes from private developers who give land for public parks. This may include land along drainage corridors that can be developed for greenbelts & trails. PARK IMPROVEMENT FEES This funding source comes from fees assessed for the development of residential properties with the proceeds to be used for parks and recreation purposes. PARTNERSHIPS This funding source comes from public/public, public/private, and public/not-for-profit partnerships. PERMITS (SPECIAL USE PERMITS) This funding source comes from allowing other parties to use specific park property that involves financial gain. The Town either receives a set amount of money or a percentage of the gross from the page 74 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN service that is being provided. PRIVATE DONATIONS This funding source comes from private party contributions including funds, equipment, art, and in-kind services. RESERVATIONS This funding source comes from revenue generated from reservations of parks and facilities. The reservation rates are fixed and apply to group shelters, meeting rooms, and sports fields. REVENUE BONDS This funding source comes from bonds used for capital projects that will generate revenue for debt service where fees can be set aside to support repayment of the bond. SALES/4B TAX (½ CENT) This funding source comes from a voter approved ½ cent sales tax that goes toward parks & recreational improvements. SPECIAL FUNDRAISERS This funding source comes from annual fundraising efforts to help toward specific programs and capital projects. VOLUNTEERISM/IN-KIND DONATIONS This funding source provides indirect revenue support when groups or individuals donate time to help construct specific park improvements (signs, playgrounds, nature trails, etc.) page 75 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN HIGH PRIORITY ITEMS Rank Action Plan Location Budget Funding Source Timeline 1 Community/ Recreation Center Future Park Site Joint-use facilities w PISD $15,000,000 General Fund General Obligation Bonds Years 5-10 2 Picnic Areas/ Pavilions Cockrell Park Folsom Park Frontier Park Hays Park Town Lake Park Pecan Grove Park Whitley Park Sexton Park Future Park Sites $15,000 - 20,000 Small $50,000 - 80,000 Medium $150,000 - 200,000 Large General Fund Park Improvement Fees General Obligation Bonds Grants - TPWD Outdoor Program Park Dedication Fee Years 1-10 3 Shade to Playgrounds Cockrell Park Folsom Park Pecan Grove Park $50,000 Range General Fund Park Improvement Fees General Obligation Bonds Grants - TPWD Outdoor Program Park Dedication Fee Years 1-10 4 Hike/Bike/Walk Trails Cockrell Park Frontier Park Hays Park Town Lake Park Pecan Grove Park Sexton Park Future Park Sites Along Greenbelt & Utility Corridors $1,000,000 per mile General Fund Park Improvement Fees General Obligation Bonds Grants - TPWD Outdoor Program Grants - TPWD Recreational Trails Program Grants - Transportation Enhancement (NCTCOG/TxDOT) Grants - Collin County Years 1-10 5 Tennis Courts Pecan Grove Park Future Community Park Joint-use w PISD $125,000 per Court General Fund Park Improvement Fees General Obligation Bonds Grants - TPWD Outdoor Program Partnerships Park Dedication Fee Years 1-5 page 76 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN HIGH PRIORITY ITEMS Rank Action Plan Location Budget Funding Source Timeline 6 Practice Athletic Fields Cockrell Park Eagles Landing Park Sexton Park Future Park Sites $100,000 Range General Fund Park Improvement Fees General Obligation Bonds Grants - TPWD Outdoor Program Interlocal Agreements Partnerships Park Dedication Fee Years 1-10 7 Softball Fields Future Community Park Frontier Park $500,000 per Field General Fund Park Improvement Fees General Obligation Bonds Grants - TPWD Outdoor Program Park Dedication Fee Years 1-5 8 Gymnasium Future Recreation Center Joint-use with PISD Inclusive in Item 1 9 Baseball Fields Frontier Park Future Community Park $500,000 per Field General Fund Park Improvement Fees General Obligation Bonds Grants - TPWD Outdoor Program Park Dedication Fee Years 1-5 10 Shade in Parks Folsom Park Pecan Grove Park $30,000 - 40,000 Range General Fund Park Improvement Fees Private Donations Volunteerism/In-Kind Donations Years 1-10 11 Basketball Courts Cockrell Park Pecan Grove Park Future Park Sites $75,000 - 100,000 per court General Fund Park Improvement Fees General Obligation Bonds Grants - TPWD Outdoor Program Park Dedication Fee Years 1-5 page 77 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN HIGH PRIORITY ITEMS Rank Action Plan Location Budget Funding Source Timeline 12 Lighting in Parks Frontier Park Pecan Grove Park Sexton Park Future Community Parks Varies General Fund Park Improvement Fees General Obligation Bonds Grants - TPWD Outdoor Program Park Dedication Fee Years 1-10 13 Soccer Fields Sexton Park Future Community Park $400,000 per Field General Fund Park Improvement Fees General Obligation Bonds Grants - TPWD Outdoor Program Park Dedication Fee Years 1-10 14 Spraygrounds/ Splash Pads Future Community Park $250,000 Range Years 5-10 15 Playgrounds Cockrell Park Hays Park Sexton Park Future Park Sites Joint-use with PISD Joint-use with Churches $200,000 Range General Fund Park Improvement Fees Friends Associations General Obligation Bonds Grants - TPWD Outdoor Program Interlocal Agreements Park Dedication Fee Years 1-10 page 78 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN MODERATE PRIORITY ITEMS Rank Action Plan Location Budget Funding Source Timeline 16 Large Nature Area/Preserve Town Lake Park Cedar Grove Park Future Park/ Preserve Site Varies General Fund Park Improvement Fees General Obligation Bonds Grants - TPWD Outdoor Program Park Dedication Fee Years 5-10 17 Bike Lanes Selectively along major roadways TBD Years 5-10 18 Open Spaces/ Natural Areas Cockrell Park Town Lake Park Pecan Grove Park Cedar Grove Park Future Park Sites Varies General Fund Park Improvement Fees General Obligation Bonds Grants - TPWD Outdoor Program Park Dedication Fee Years 1-10 19 Aquatic Center Part of Future Recreation Center Joint-use with PISD $3 - 5 million General Fund Corporate Sponsorships General Obligation Bonds Interlocal Agreements Partnerships Years 5-10 20 Water Features Whitley Park Future Park Sites Varies General Fund Park Improvement Fees General Obligation Bonds Grants - TPWD Outdoor Program Park Dedication Fee Years 1-10 21 Football Fields Sexton Park Joint-use with PISD Future Community Park $400,000 per Field General Fund Park Improvement Fees General Obligation Bonds Grants - TPWD Outdoor Program Park Dedication Fee Years 1-5 22 Leisure Outdoor Swim Part of Future Recreation Center $3 million Range General Fund Corporate Sponsorships General Obligation Bonds Interlocal Agreements Partnerships Years 5-10 page 79 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN MODERATE PRIORITY ITEMS Rank Action Plan Location Budget Funding Source Timeline 23 Amphitheater Future Community Park $200,000 - 300,000 Range General Fund Park Improvement Fees General Obligation Bonds Grants - TPWD Outdoor Program Park Dedication Fee Private Donations Years 5-10 24 Dog Park Future Community Park $500,000 Range General Fund Park Improvement Fees Friends Associations General Obligation Bonds Grants - TPWD Outdoor Program Park Dedication Fee Volunteerism/In-Kind Donations Years 5-10 25 Natural Surface Trails/Tracks/ BMX/ Mountain Bikes Future Nature Area/Preserve $1 million per mile General Fund Park Improvement Fees Friends Associations General Obligation Bonds Grants - TPWD Outdoor Program Volunteerism/In-Kind Donations Years 5-10 26 Sand Volleyball Courts Frontier Park Future Park Sites $15,000 - 20,000 Range General Fund Park Improvement Fees General Obligation Bonds Grants - TPWD Outdoor Program Park Dedication Fee Years 1-5 page 80 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN LOW PRIORITY ITEMS Rank Action Plan Location Budget Funding Source Timeline 27 Disc Golf Along Greenbelt Corridors $20,000 General Fund Park Improvement Fees Friends Associations General Obligation Bonds Grants - TPWD Outdoor Program Park Dedication Fee Volunteerism/In-Kind Donations Years 1-5 28 Veterans Memorial Frontier Park Future Town Hall Future Community Park Varies General Fund Foundations/Gifts Friends Associations Private Donations Special Fundraisers Volunteerism/In-Kind Donations Years 1-5 29 Outdoor Exercise Equipment Along Trail Corridors $25,000 - 30,000 General Fund Park Improvement Fees General Obligation Bonds Grants - TPWD Outdoor Program Park Dedication Fee Years 1-5 30 Lacrosse Fields Future Community Park $400,000 per Field General Fund Park Improvement Fees General Obligation Bonds Grants - TPWD Outdoor Program Park Dedication Fee Years 1-10 31 Nature Center Future Nature Area/Preserve $3 million Range General Fund Park Improvement Fees General Obligation Bonds Grants - TPWD Outdoor Program Park Dedication Fee Years 5-10 page 81 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN LOW PRIORITY ITEMS Rank Action Plan Location Budget Funding Source Timeline 32 Equestrian Center Future Joint-use w Private Operator TBD Partnerships Years 5-10 33 Community Garden Future Community Park Varies General Fund Foundations/Gifts Friends Associations Private Donations Special Fundraisers Volunteerism/In-Kind Donations Years 5-10 34 Skatepark Future Community Park Varies General Fund Park Improvement Fees General Obligation Bonds Grants - TPWD Outdoor Program Park Dedication Fee Years 5-10 35 Racquetball Courts Future Recreation Center N/A Years 5-10 36 Rugby Fields Future Community Park $400,000 per Field General Fund Park Improvement Fees General Obligation Bonds Grants - TPWD Outdoor Program Park Dedication Fee Years 5-10 37 Roller Hockey Future Community Park Varies General Fund Park Improvement Fees General Obligation Bonds Grants - TPWD Outdoor Program Park Dedication Fee Years 5-10 page 82 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN PROPOSED 10-YEAR ACTION PLAN The Proposed 10-Year Action Plan responds to the high priority items for parks and recreational needs and sets up a proposed time table with respect to the potential funding sources. Working in coordination with Town staff, the plan combines action item recommendations for improvements and new facilities in an effort to keep up with Prosper’s fast growth, as well as enhance the quality of programming throughout the community. Over the course of the next ten years, some additional funding sources may be obtained through successful grants and creative partnerships. As this happens, the schedule of projects may be accelerated to move projects up earlier in the action plan. The Town must remain committed and diligent to advance the action plan along each year – which will create a great park system for decades to come. page 83 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN page 84 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN 9SECTIONAPPENDIX page 85 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN APPENDIX The Parks and Recreation Master Plan team conducted a visioning session on May 12, 2014 at the Prosper High School cafeteria. Approximately 50 residents were in attendance. This summary reflects the outcomes of the discussions. BEST THINGS ABOUT LIVING IN THE TOWN OF PROSPER There as a commonality of responses to this question, themes included: Important Assets • Sense of community yet small town fee • Friendly neighbors • Family oriented/involvement/sense of community • Wide open spaces • Large single family lots • Quality of life • Tree preservation • School district • Amenities • Tree preservation program • A Town with a plan Prosper was noted as having enough conveniences of a suburb, yet maintains the small town community feel. Forward Thinking Local Government It was noted that Prosper is headed in the right direction with good planning at ground levels. Moving Forward - Growth and Preservation Respondents are hopeful the Town of Prosper will preserve/maintain the open spaces, the park and recreation quality/variety as the Town grows. Other factors mentioned to continue to preserve/maintain; • Commitment to park maintenance (beautification and upkeep) • Town Lake Park • Windmill Park • Frontier Park • Open spaces • Stay small page 86 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN • Plan it right • Continue with good quality • Something for everyone, youth and adults – not just sports fields Issues to be Addressed Residents would like several issued to be addressed through the Master Plan process: • Cohesive planning efforts • Old fashioned family park with trails, picnic areas, and play areas for families • Community gathering places • Small neighborhood parks • Bike lanes with wide trails (not necessarily under power lines) • Fishing pond • Improved maintenance program to keep parks lush and beautiful • Less programming of park spaces • Lighting in parks • Improve restrooms in parks (currently lack these facilities) • Improve parking • Proper scheduling of sport programs (not to overlap) • Make Town Lake more accessible DREAMS, VISIONS, DESIRES, NEEDS OF THE PARK SYSTEM The community wants more /better facilities and are willing to pay for it through sales tax/4B tax. They are willing to pay more property tax for increased park quality. Athletics/Sports • Sand volleyball • Disc golf • Become a destination for elite sports (creates small town pride) • Basketball (free play) • Adult sports (soccer, softball, etc.) • Need places to play if you are not in local sports organizations • Lack of indoor sport programs/spaces – aquatics/gyms • Lacrosse – girls league • Indoor hockey page 87 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN • Tennis – need new league for youth • Practice fields • Parking • Lighted fields • Public/private joint ventures • Indoor soccer • Shaded areas near sports fields Indoor Recreation Facilities • Performing arts venue • Recreation center – place for summer activities/amenities for all ages – adults and seniors • Aquatics/swim space • Place to serve birthday party needs • Create economic development Outdoor Park/Leisure Facilities • Amphitheater (City of Allen has a great venue – use them as a model) • Open spaces for pick-up games (not programmed spaces) • Tennis courts (need 8+ courts to host team tennis tournaments) • Nature areas • Playgrounds (shaded playgrounds) • Picnic/pavilion areas • Food truck park • Veterans Memorial • Gathering spaces with shade/trees – benches/picnic tables/open space (not just sports) • Adventure activities for teens/young adults – zip line, wake board park • Mixed use parks with flexible spaces appropriately sizes/placed facilities • Outdoor pool/aquatics/deep water • Land acquisition/donation of land • Neighborhood pocket parks with playgrounds • Disc golf • Skate park/plaza • Consent rental regulations/fee structure for pavilions (simple agreements with PISD) • Basketball courts (covered/shaded) page 88 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN Trails, Open Spaces, Natural Areas • More trails – landscaped/maintained – not all placed under power lines • Connectivity throughout the community (paved, unpaved, throughout neighborhoods, connect with schools, retail, etc.) • Mountain bike trails as well as for jogging (places with trees) • Running trails • Separate lanes for biking/walking/running • Water fountains and benches along trails • Natural trail areas • Retails areas with bike racks • Motor cross track (all terrain parks) • Equestrian trails • Trail camps • Dress up ponds edges with weeping grasses • Sky walks • Reduce traffic crossings • Create new active areas and passive areas – retain natural areas  Programs • Language programs • Art, music, sculpture classes • Disc golf • Nature and gardening classes • Lacrosse • Entry level sport programs for young kids • Cooking classes • Summer camps and programs • Aquatic/swimming programs • Continuing education classes (adult 4 to 6 eek classes – arts, crafts, exercise/pilates, etc) • Nature/outdoor programs – gardening for youth and adults page 89 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN Special Use Facilities/Seasonal Events • Multi-use outdoor facilities • Amphitheater • Community pool • Practice facilities versus game fields • Large scale fitness center • More shaded areas/shaded trails • Dog park • Arts and crafts fair at Christmas • Veterans /War Memorial • Square dance/line dancing • Festival/music/food that is unique to Prosper • Recreation center for various classes • Arts festival • Farmers market • Founders Day event/frontier days • Main street program/festival • Fireworks with July 4th Parade • Parades • Water balloon fights • Battery operated drill team • Bike races/go carts/Grand Prix • Community gardening FOCUS GROUPS WITH SPORTS ORGANIZATIONS Soccer • Doubling numbers every 2 years • Will grow to 2,000 kids in 2 years • Retention rate goal is 75% • U-10 and below at Frontier Park (competition) • Need bigger parking lot at Frontier Park • Lighting all fields will allow them to keep growing page 90 2015 PARKS, RECREATION, AND OPEN SPACE MASTER PLAN Baseball & Softball • Doubled in past 3 years • Need practice facilities/backstops • Next year will have 100-150 more kids • Contract with PISD to use Reynolds Field • 2 extra fields would be great • Retention rate is around 70% Football • Use Rucker Field & Rogers PISD Football Field • Wednesday is down day • Can’t grow anymore due to limited space • Need 2 or 3 lighted fields over next 5 years • Retention is good Basketball • Don’t use Town, but use PISD facilities • In November, another private facility in McKinney may be an option • Future Elementary School gyms might help • Age up to 14 years old (boys & girls) • Some select teams go directly to Fieldhouse • Maybe create more than one season Volleyball • Use PISD for all use (girls only) • K-8th grade • Clubs kick-in around 6th or 7th grade Lacrosse • This is first year – 102 registered (only boys this year; plan for girls next year) • That program should grow • Frisco & McKinney have very strong program • Not a PISD driven sport Dear Resident, The Town of Prosper Parks and Recreation Department strives to provide active and passive recreational opportunities for all citizens of Prosper in an accessible and safe environment, while promoting the preservation of the Town’s natural resources. The Town is in the process of updating the Parks, Recreation and Open Space Master Plan and we are asking for input from residents through the use of this needs assessment survey to assist with developing priorities for the Master Plan. We take this information seriously and use it to help prioritize specific projects and needs of the community. I would ask that you take a few minutes to complete this survey. Your specific answers will be completely anonymous, but your views, in combination with those of others, are extremely important. Should you have any questions about the survey or its results, please feel free to let me know. We ask that one survey be completed per household. You may take the survey online by visiting the Town of Prosper website www.prospertx.gov and click on the survey link: Citizen Survey for the Town of Prosper Parks, Recreation & Open Space Master Plan. If you do not have internet access and wish to complete the survey on paper, you may pick up a copy at our Development Services Building at 409 East First Street, Prosper Texas 75078. Thank you so much for your help with this important survey. Sincerely, Paul Naughton, Landscape Architect, Town of Prosper Paul.Naughton@prospertx.gov Town of Prosper Parks and Recreation Citizen Survey 1. How do you find out about parks, recreation facilities and recreation programs in the Town of Prosper? (Check all that apply) 1q Town of Prosper website 4q Facebook 7q Prosper School District Publications 2q Youth Sports Associations 5q Emails from the Town of Prosper 8q Other__________________________________ 3q Park & Recreation Dept. Flyers 6q HOA newsletter 9q Do not know how to find out 2a. How often do the following members of your household visit a Town of Prosper park, park facility or trail? (Check ONE answer for EACH that apply) Household Members At least weekly A few times per month At least once per month A few times per year Rarely Never No household members in this age category Children under age 5 1q 2q 3q 4q 5q 6q 7q Children ages 6 to 10 1q 2q 3q 4q 5q 6q 7q Children ages 11 to 17 1q 2q 3q 4q 5q 6q 7q Adults ages 18 to 29 1q 2q 3q 4q 5q 6q 7q Adults ages 30 to 49 1q 2q 3q 4q 5q 6q 7q Adults ages 50 to 65 1q 2q 3q 4q 5q 6q 7q Adults over 65 1q 2q 3q 4q 5q 6q 7q 2b. If your household members DO NOT USE Town of Prosper parks, facilities, programs or events, what are the primary barriers that prevent them from using them more frequently? (If you/your household members are park users, SKIP TO Q3) 1q No parks nearby 6q Parks lack adequate security 11qOther__________________ 2q No transportation to get to parks 7q No free time for leisure activities 3q Parks are not accessible due to disabilities 8q Inadequate parking at parks/facilities 4q Parks and facilities do not meet our needs 9q Parks in poor condition 5q Do not know where parks/facilities are located 10q Adult sports/activities not offered 3. Please rate EACH of the existing Parks, Park Facilities, Programs and Special Events in the Town of Prosper below. PARK, PARK FACILITY, PROGRAMS, EVENTS Above Average Satisfactory Needs Some Improvement Needs Much Improvement Don’t know Not Familiar COMMUNITY PARKS (Over 20 acres) Frontier Park (1551 W. Frontier Parkway) 1q 2q 3q 4q 5q Town Lake Park (198 Townlake Dr. & 901 Woodview Dr.) 1q 2q 3q 4q 5q NEIGHBORHOOD PARKS (5 to 20 acres) Eagles Landing Park (402 S. Craig Rd.) 1q 2q 3q 4q 5q Folsom Park (901 White River Dr.) 1q 2q 3q 4q 5q Main Street Park (200 S. Main Street) 1q 2q 3q 4q 5q Pecan Grove Park (831 Del Carmen Dr.) 1q 2q 3q 4q 5q Whitley Place Park (4001 Glacier Point Ct.) 1q 2q 3q 4q 5q POCKET PARKS (Less than 5 acres) Boyer Park (410 E. First Street) 1q 2q 3q 4q 5q Hays Park (9006 Preston View Dr.) 1q 2q 3q 4q 5q Fire Station Park (1454 E. First Street) 1q 2q 3q 4q 5q PROGRAMS and SPECIAL EVENTS Tennis Program 1q 2q 3q 4q 5q Christmas Festival 1q 2q 3q 4q 5q Community Picnic 1q 2q 3q 4q 5q Movies in the Park Summer Series 1q 2q 3q 4q 5q Fishing Derby 1q 2q 3q 4q 5q 4a. How often do you or other household members use or visit the park facilities listed below in the Town of Prosper?   Frequency of Use (Check ONE answer for each)   At least once a week At least once a month Several times per year Once a year or less Never Don’t use Community Parks (over 20 acres) 1q  2q  3q  4q  5q   Neighborhood parks (5 to 20 acres) 1q  2q  3q  4q  5q   Pocket Parks (Less than 5 acres) 1q  2q  3q  4q  5q   Trails 1q  2q  3q  4q  5q   Athletic fields 1q  2q  3q  4q  5q   Other facilities: specify_____________ 1q  2q  3q  4q  5q   4b. What is your PRIMARY use of trails in the Town of Prosper? 1q  Walking 2q Jogging 3q  Biking 4q  Don’t  use  trails                      5q  Other_________________ 5. Which age groups in your household would be interested in participating in a Town of Prosper Recreation or Leisure Program? (Check all that apply) 1q Under 5 years of age 3q 11 to 17 5q 30 to 49 7q Over 65 2q 6 to 10 4q 18 to 29 6q 50 to 65 8q None 6. Which of these would you and your household members (of any age) be MOST INTERESTED in participating? (Check all that apply) ACTIVITIES, EVENTS AND PROGRAMS OF MOST INTEREST 01 q Baseball 11 q Flag Football 21q Archery Range 31 q Preschool/Toddler programs 02 q Basketball 12 q Kick ball 22 q Fishing Derby 32 q Family Programs 03 q Softball 13 q Sand Volleyball 23 q Farmers market 33 q Senior Programs 04 q Soccer 14 q Indoor Volleyball 24 q Community gardening 34 q Festivals/Events 05 q Racquetball 15 q Tennis 25 q Nature interpretive programs 35q Arts & crafts 06 q Rugby 16 q Aquatic programs 26 q Health/wellness classes 36 q Music/dance/drama 07 q Disc golf 17 q Races (like 5K runs) 27 q Fitness classes/events 37 q Other______________________________ 08 q Biking 18 q Walking/hiking 28 q Youth camps 38 q None/not interested 09 q Cricket 19 q Mountain biking 29 q Summer youth programs 10 q Lacrosse 20 q Horseshoes 30 q Parent/Child Programs 7a. Which facilities or amenities need to be ADDED to existing or future parks in the Town of Prosper? (Rate EACH facility on a scale from 1 to 4 with 4 being definitely needed and 1 being not at all needed) Definitely Not at all No opinion/ Needed Needed Not familiar A – Community/Recreation Center .................................................................... 4 ................. 3 ................. 2 ................. 1 ................ q B - Amphitheater ............................................................................................... 4 ................. 3 ................. 2 ................. 1 ................ q C – Aquatic Center ............................................................................................. 4 ................. 3 ................. 2 ................. 1 ................ q D – Disc Golf .................................................................................................... 4 ................. 3 ................. 2 ................. 1 ................ q E – Dog Park ...................................................................................................... 4 ................. 3 ................. 2 ................. 1 ................ q F – Community garden ..................................................................................... 4 ................. 3 ................. 2 ................. 1 ................ q G - Nature center ................................................................................................ 4 ................. 3 ................. 2 ................. 1 ................ q H - Equestrian center and trails ......................................................................... 4 ................. 3 ................. 2 ................. 1 ................ q I - Hike/bike/walk/jog/run trails ........................................................................ 4 ................. 3 ................. 2 ................. 1 ................ q J - Bike lanes (along major roadways) .............................................................. 4 ................. 3 ................. 2 ................. 1 ................ q K - Large nature area/preserve .......................................................................... 4 ................. 3 ................. 2 ................. 1 ................ q L - Leisure outdoor swimming pool ................................................................. 4 ................. 3 ................. 2 ................. 1 ................ q M - Lighting in parks ......................................................................................... 4 ................. 3 ................. 2 ................. 1 ................ q N - Natural surface trails/tracks (for BMX, mountain biking, etc) ................... 4 ................. 3 ................. 2 ................. 1 ................ q O - Open spaces/natural areas ............................................................................ 4 ................. 3 ................. 2 ................. 1 ................ q P – Outdoor exercise equipment ........................................................................ 4 ................. 3 ................. 2 ................. 1 ................ q Q - Picnic areas/pavilions .................................................................................. 4 ................. 3 ................. 2 ................. 1 ................ q R - Playgrounds for children .............................................................................. 4 ................. 3 ................. 2 ................. 1 ................ q S - Add shade to park playgrounds .................................................................... 4 ................. 3 ................. 2 ................. 1 ................ q T - Shade in parks .............................................................................................. 4 ................. 3 ................. 2 ................. 1 ................ q U - Spray ground/water splash pads ................................................................... 4 ................. 3 ................. 2 ................. 1 ................ q V- Water features (fishing pond, fountains, etc.) .............................................. 4 ................. 3 ................. 2 ................. 1 ................ q W -Veterans Memorial ....................................................................................... 4 ................. 3 ................. 2 ................. 1 ................ q X - Other needs - (_________________________________________) .......... 4 ................. 3 ................. 2 ................. 1 ................ q 7b. Which THREE facilities/amenities above are the MOST important to you for the Parks and Recreation Department to focus on within the next five years? (Write in the letter to the left of the facility in the blanks) 1st _________ 2nd________ 3rd _________ 8a. Which ATHLETIC facilities listed below need to be ADDED to existing parks or future parks in the Town of Prosper? (Rate EACH facility on a scale from 1 to 4 with 4 being definitely needed and 1 is not at all needed) Definitely Not at all No opinion/ Needed Needed Not familiar A - Softball fields .............................................................................................. 4 ................. 3 ................. 2 ................. 1 ................ q B - Tennis courts ................................................................................................ 4 ................. 3 ................. 2 ................. 1 ................ q C - Baseball fields .............................................................................................. 4 ................. 3 ................. 2 ................. 1 ................ q D - Basketball courts .......................................................................................... 4 ................. 3 ................. 2 ................. 1 ................ q E - Skate park (skate boarding, BMX) ............................................................... 4 ................. 3 ................. 2 ................. 1 ................ q F - Football fields .............................................................................................. 4 ................. 3 ................. 2 ................. 1 ................ q G – Gymnasium/Indoor courts ........................................................................... 4 ................. 3 ................. 2 ................. 1 ................ q H - Lacrosse fields ............................................................................................. 4 ................. 3 ................. 2 ................. 1 ................ q I - Practice athletic fields ................................................................................... 4 ................. 3 ................. 2 ................. 1 ................ q J - Racquetball courts .......................................................................................... 4 ................. 3 ................. 2 ................. 1 ................ q K - Roller hockey .............................................................................................. 4 ................. 3 ................. 2 ................. 1 ................ q L - Rugby fields ................................................................................................ 4 ................. 3 ................. 2 ................. 1 ................ q M - Sand volleyball courts ................................................................................. 4 ................. 3 ................. 2 ................. 1 ................ q N - Soccer fields ................................................................................................. 4 ................. 3 ................. 2 ................. 1 ................ q O - Other athletic needs (____________________________) .......................... 4 ................. 3 ................. 3 ................. 1 ................ q 8b. Which THREE ATHLETIC facilities above are the MOST important to you for the Parks and Recreation Department to focus on within the next five years? (Write in the letter to the left of the facility in the blanks) 1st _________ 2nd________ 3rd _________ 8c. Which of the following ADULT SPORTS would you participate in if offered in the Town of Prosper? (Check all that apply) 1q Softball 4q Baseball 7q Ultimate Frisbee 10q Other___________________________ 2q Flag football 5q Volleyball 8q Rugby 11q Not interested 3q Basketball 6q Soccer 9q Cricket 9. Which THREE park types are the most important for the Parks and Recreation Department to focus on within the next 5 years? (Check TOP THREE ONLY) 1q Regional park (200+ acres) 5q Open space/passive park 9q None 2q Community park (20 to 200 acres) 6q Protected habitat/natural area 10q No opinion 3q Neighborhood park (5 to 20 acres) 7q Trails, trail connections 4q Linear park/greenway corridor 8q Athletics/competitive sports 10. To assist the Town of Prosper develop future funding priorities, rank how you feel the funding should be prioritized. (Rate EACH on a scale from 1 to 4 with 4 being a TOP PRIORITY and 1 being a LOW PRIORITY.) Top Low No opinion/ Priority Priority Not familiar A – Enhance park maintenance .......................................................................... 4 ................. 3 ................. 2 ................. 1 ................ q B – Provide additional recreation programs/classes .......................................... 4 ................. 3 ................. 2 ................. 1 ................ q C – Build a community/recreation center .......................................................... 4 ................. 3 ................. 2 ................. 1 ................ q D – Renovate existing parks and facilities ......................................................... 4 ................. 3 ................. 2 ................. 1 ................ q E – Develop new community parks and facilities (20 to 200 acres) .................. 4 ................. 3 ................. 2 ................. 1 ................ q F – Develop new neighborhood parks and facilities (5 to 20 acres) .................. 4 ................. 3 ................. 2 ................. 1 ................ q G – Acquire land for open space, natural areas ................................................. 4 ................. 3 ................. 2 ................. 1 ................ q H – Develop new hike/bike/walk/jog trails ........................................................ 4 ................. 3 ................. 2 ................. 1 ................ q I – Provide special events .................................................................................. 4 ................. 3 ................. 2 ................. 1 ................ q J – Build an Aquatic Center and/or natatorium ................................................ 4 ................. 3 ................. 2 ................. 1 ................ q K – Build a Senior Center .................................................................................. 4 ................. 3 ................. 2 ................. 1 ................ q L – Develop a Veterans Memorial Park ............................................................ 4 ................. 3 ................. 2 ................. 1 ................ q 11. In order to develop and maintain the park and recreation facilities/amenities you have suggested herein, how strongly would you support EACH of the funding options listed below. (Rate EACH option on a scale from 1 to 4 with 4 being strong support and 1 being low support.) Strong Low No opinion/ Support Support Not Familiar Incorporate a half cent sales tax (4B) ........................................................................... 4 ................. 3 ................. 2 ................. 1 ................ q Increased user fees (paying a fee to use a facility/program) ....................................... 4 ................. 3 ................. 2 ................. 1 ................ q Voter approved bond programs .................................................................................... 4 ................. 3 ................. 2 ................. 1 ................ q Increased park improvement fees for developers .......................................................... 4 ................. 3 ................. 2 ................. 1 ................ q Increased property taxes ............................................................................................... 4 ................. 3 ................. 2 ................. 1 ................ q 12. How much more per year in additional property taxes would you be willing to pay in order to fund the improvement prioritie s you have suggested in this survey? 1q More than $200/year 3q Up to $100/year 5q Up to $50/year 2q Up to $200/year 4q Up to $75/year 6q No increase 13. Based upon the map below, in which area do you reside? 1q Area A 2q Area B 3q Area C 14. How long have you been a resident of Town of Prosper? 1qLess than 2 years 2q 2 to 5 years 3q 6 to 10 years 4q 11 to 20 years 5q Over 20 years 15. Which youth age groups are represented in your household? (Check all that apply) 1q 0 to 5 years of age 3q 11 to 17 years of age 5q No children in household 2q 6 to 10 years of age 4q 18 to 24 years of age 16. How many persons, including yourself, reside within your household? 1q One 2q Two 3q Three 4q Four 5q Five or more 17. Your age? 1q 19 or under 3q 25 to 34 5q 45 to 54 7q 65 to 74 2q 20 to 24 4q 35 to 44 6q 55 to 64 8q 75 or older 18. Provide any other comments you would like to share. ________________________________________________________________________________________________________________________ __________ ________________________________________________________________________________________________________________________ __________ Page 1 of 2 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 8, 2015 Agenda Item: Consider and act upon an ordinance amending Article 3.19, “Fence Regulations” of Chapter 3 of the Town’s Code of Ordinances, by amending and establishing standards for fences and low walls in the required front yards of residential districts or residential lots and establishing provisions for Town Council consideration of alternate fence materials. (MD15-0002). Description of Agenda Item: At the August 11, 2015, Town Council meeting, staff provided a briefing on a request to allow low masonry walls in the front yards of residential lots. Unless the wall is a retaining wall, low decorative walls are not permitted, since the Fence Ordinance requires 50% through vision regardless of height. During the presentation, it was noted that the ordinance, as currently written, permits tall, chain link fences in front yards. Staff received direction to prepare an ordinance permitting open fencing and low walls in the required front yard upon approval by Town Council on a case-by- case basis. However, the Town Council did not support the continued allowance of chain link fencing in required front yards. The amending ordinance also contains a provision for the Town Council to evaluate alternate materials for all fences. Key elements of the proposed ordinance, amending Article 3.19 include,  Prohibiting chain link fences in the required front yard of a residential zoning district or a residential lot;  Permit other types of fences or low masonry walls in the required front yards upon approval by the Town Council;  Criteria for low masonry walls include, o maximum of three feet (3’) feet in height; o constructed of clay fired brick, natural stone or manufactured stone; o the use of concrete block, split faced concrete block or stucco is prohibited; and o the wall cannot be painted In recognition of fence materials which may not currently be permitted, the proposed ordinance contains a provision for the consideration of alternate materials by the Town Council on a case- by-case basis. Prosper is a place where everyone matters. PLANNING Item 16 Page 2 of 2 Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the ordinance as to form and legality. Attached Documents: 1. Ordinance Town Staff Recommendation: Town staff recommends the Town Council approve the ordinance as presented. Proposed Motion: I move to approve an ordinance amending Article 3.19 “Fence Regulations,” of Chapter 3, of the Town’s Code of Ordinances, by amending and establishing standards for fences and low walls in the required front yards of residential districts or residential lots and establishing provisions for Town Council consideration of alternate fence materials. Item 16 TOWN OF PROSPER, TEXAS ORDINANCE NO. 15-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING ARTICLE 3.19, “FENCE REGULATIONS,” OF CHAPTER 3, “BUILDING REGULATIONS,” OF THE TOWN’S CODE OF ORDINANCES, BY AMENDING AND ESTABLISHING STANDARDS FOR FENCES AND WALLS IN THE FRONT YARDS OF RESIDENTIAL ZONING DISTRICTS OR RESIDENTIAL LOTS AND ESTABLISHING PROVISIONS FOR TOWN COUNCIL CONSIDERATION OF ALTERNATE FENCE MATERIALS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town Council desires to amend regulations and establish new fence regulations, contained in Article 3.19, “Fence Regulations,” of Chapter 3, “Building Regulations,” of the Town’s Code of Ordinances, regarding the allowance of fences and walls in residential front yards, and establish provisions for the consideration of alternate fence materials. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 From and after the effective date of this Ordinance, Article 3.19, “Fence Regulations,” of Chapter 3, “Building Regulations,” of the Town’s Code of Ordinances is hereby amended to read as follows: “ARTICLE 3.19 FENCE REGULATIONS Sec. 3.19.001 Fence Requirements Fences in all zoning districts shall meet the following requirements: (a) A fence permit must be obtained from the Building Inspection Division prior to installation. It shall be unlawful for any person to install or cause to be installed, or to permit any person to install a fence, or to make any alterations, additions or changes to a fence, without first having procured a permit to do so from the Building Official. Notwithstanding the foregoing, a permit shall not be required for alterations, additions or changes if repairs do not exceed sixteen (16) linear feet of the area of the fence over a twelve (12) month period. (b) No fence shall be constructed within any drainage easement in the corporate limits of the Town unless the Town Engineer shall have first determined and advised the Building Official, in writing, that he believes such fence shall, in all probability, not interfere with or impair the natural flow of water across the drainage easement. Item 16 Ordinance No. 15-__, Page 2 (c) Fences around tennis courts may exceed eight feet (8’) in height, but shall not exceed fifteen feet (15’). (d) Fence arms shall not be constructed. (e) Chain-link fences in residential districts shall have the finished edge of the material on the top of the fence. Chain-link fences shall be vinyl-coated, unless used in conjunction with athletic fields on property owned by an Independent School District or the Town of Prosper. Chain-link fences are not permitted in the required front yard of any residential zoning district or any residential lot. (f) Fences or Low Walls located in the Required Front Yard of a Residential District: Fences or low walls located in the required front yard of any residential district or any residential lot shall be subject to the following approval process and meet the following standards: (1) The fence or low wall shall require approval of the Town Council. An application for Town Council consideration of a fence or wall in the required front yard shall be submitted on a form supplied by the Department of Development Services. (2) Fences shall have a minimum of fifty percent (50%) through vision and shall not exceed eight feet (8’) in height. (3) Low, solid walls may be approved by the Town Council subject to the following criteria: a. Shall not exceed three feet (3’) in height; b. Shall be constructed of clay fired brick, natural stone or manufactured stone; c. Shall not be constructed of concrete block, split faced concrete block or stucco; and d. Shall not be painted. (g) Gate required. Every fenced enclosure constructed pursuant to the provisions of this article shall have at least one (1) gate in its perimeter a minimum of three feet (3’) in width. (h) Wooden Fence Standards. All wooden fences shall meet the following standards: (1) All vertical posts shall be galvanized steel, a minimum of sixteen (16) gauge thickness and spaced at a maximum of eight feet (8’) on center, set in a concrete footing. Picket fences, split rail fences, ranch style or agricultural fences, or other types of open decorative fences approved by the Building Official or his/her designee shall be permitted to use wooden posts. (2) All pickets shall be a minimum 1/2 inch (1/2”) thickness. (3) Wood material shall be an insect-resistant wood such as cedar or pressure treated yellow pine. Spruce is not a permitted wood material. (4) The fence shall have its back side (the side with exposed posts or rails) oriented Item 16 Ordinance No. 15-__, Page 3 away from view from the adjacent street or right-of-way. (5) All materials shall be securely fastened, vertical boards to horizontal stringers, stringers to vertical posts, top rail, to ensure an ongoing attractive appearance and safe condition, free from rot, rust, vandalism, and other sources of decay. (6) The bottom of the fence shall be designed to prevent ground-to-wood contact. This can be achieved through the use of a concrete strip poured between the fence supports or by raising the pickets to provide a minimum of three inches (3”) between the bottom of the pickets and the ground. A two inch by six inch (2” x 6”) kick board may be used to cover the gap between bottom of pickets and ground. This kick board may have ground contact. (i) Protective treatment. All wood material shall be stained, pressure-treated, painted, or adequately sealed to prevent decay. All exterior surfaces of fences shall be maintained in good condition. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. (j) Fences may not contain and/or be: (1) Continuous electrical current, although single-strand wired designed to conduct electricity through an approved low-voltage regulator shall be allowed along the fence’s interior base line; (2) Constructed to contain barbed wire; (3) Plywood; (4) Fiberglass or fiberglass panels; (5) Corrugated steel or sheet iron; and/or (6) Razor wire. (k) Fences on parcels being used for agricultural purposes may contain barbed wire or other agricultural fences approved by the Building Official or his/her designee. (l) Alternate Materials. The Town Council may approve alternate materials for fences and low walls. An application for Town Council consideration of an alternate fence or low wall material shall be submitted on a form supplied by the Department of Development Services. SECTION 3 Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The Town hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase Item 16 Ordinance No. 15-__, Page 4 thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 4 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict, and any remaining portions of said ordinances shall remain in full force and effect. SECTION 5 Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by fine not to exceed the sum of five hundred dollars ($500.00) for each offense, and each and every day such violation shall continue shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude the Town from filing suit to enjoin the violation, and the Town retains all legal rights and remedies available to it. SECTION 6 This Ordinance shall become effective from and after its adoption and publication as required by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 8TH DAY OF SEPTEMBER, 2015. ___________________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 16 Page 1 of 1 To: Mayor and Town Council From: Hulon T. Webb, Jr, P.E., Executive Director of Development and Community Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 8, 2015 Agenda Item: Discussion on Town Hall/Multi-Purpose Facility. Description of Agenda Item: At the June 9, 2015, Town Council meeting, the Town Council approved an agreement with Randall Scott Architects for the architectural and engineering design services for a Town Hall/Multi- Purpose Facility. The Town Council also authorized the use of the Construction Manager-At-Risk contracting method for construction of the facility at that meeting. Over the past two months, Randall Scott Architects has been working on the pre-design phase of the project, which will include recommended square footages for each space within the project and an overall square footage for the building. Staff has also been working on the selection process for a Construction Manager-At-Risk and the professional services agreements with other consultants necessary for the surveying, geotechnical services, and engineering design of the off-site improvements required for the overall project. Town staff and Randall Scott Architects will be presenting a detailed summary of the Town Hall/Multi-Purpose Facility current cost estimate as well as the other components of the on-site and off-site infrastructure cost estimates associated with the project and address any questions related to the project. In addition, Randall Scott Architects will present some preliminary schematic building designs for Town Council feedback. With the Construction Manager-At-Risk services for the Town Hall/Multi-Purpose Facility also on the September 8, 2015, Town Council agenda, this is a great opportunity for the Town Council to share their design ideas, expectations and desired scope for the project with both Randall Scott Architects and the Construction Manager-At-Risk prior to beginning the schematic design of the facility. Town Staff Recommendation: Town staff recommends that the Town Council provide feedback on the Town Hall/Multi-Purpose Facility. Prosper is a place where everyone matters. ENGINEERING Item 17 PROSPER TOWN HALL/MULTI-PURPOSE BUILDINGPRELIMINARY COST COMPARISON*September 4, 2015 Building Area (SF) Assumed Current Cost ($/SF)** Total Current Cost ($) Building Area (SF) Assumed Current Cost ($/SF) Total Current Cost ($) Building Area (SF) Assumed Current Cost ($/SF)** Total Current Cost ($) Building Area (SF) Assumed Current Cost ($/SF)** Total Current Cost ($) Building Area (SF) Assumed Current Cost ($/SF) Total Current Cost ($) BUILDING RELATED COSTSTOWN HALL*Year 2020 Needs Assessment23,139 220.00$ 5,090,580$ 23,139 174.05$ 4,027,343$ 23,139 363.19$ 8,403,853$ 23,139 325.29 7,526,885$ 23,139 165.40$ 3,827,191$ Added Space for 2024 per Needs Assessment8,956 220.00$ 1,970,320$ 8,956 174.05$ 1,558,792$ 8,956 363.19$ 3,252,730$ 8,956 325.29 2,913,297$ 8,956 165.40$ 1,481,322$ 32,095 32,095 32,095 32,095 32,095 MUNICIPAL COURT**Year 2020 Needs Assessment2,416 220.00$ 531,520$ 2,416 174.05$ 420,505$ 2,416 363.19$ 877,467$ 2,416 325.29 785,901$ 2,416 165.40$ 399,606$ Added Space for 2024 per Needs Assessment1,114 220.00$ 245,080$ 1,114 174.05$ 193,892$ 1,114 363.19$ 404,594$ 1,114 325.29362,373$ 1,114 165.40$ 184,256$ 7 This Cost Comparison is being provided at this time based on Unit Costs from the previous Needs Assessment commissioned by the Town of Prosper and updated Escalation Factors from RSA's estimator. These unit costs will be updated in future estimates after further evaluation by the Design Team."Assumed Current Cost" is the $220/SF unit cost used in the previous Needs Assessment to represent the projected building cost. This amount was used to represent End of Year 2013 fully finished basic building construction before "Infrastructure Costs". The value of $154.00/SF 4 Year 2020 Building Scope + Finished Space to total 50,000 SF 5 Year 2020 Building Scope + Finished Space to total 50,000 SF Year 2020 Building Scope + Finished Space to total 50,000 SF 3 Year 2020 Building Scope + Finished Space to total 50,000 SF Based on Needs Assessment CONSTRUCTION COSTSTown Hall Cost ExamplesClass A Office Building Year 2020 Building Scope + Finished Space to total 50,000 SF Based on 2015 R. S. Means Data Based on 2015 R. S. Means Data RSA Estimating Consultant North Richland Hills C. H. 6 Added Space for 2024 per Needs Assessment1,114 220.00$ 245,080$ 1,114 174.05$ 193,892$ 1,114 363.19$ 404,594$ 1,114 325.29362,373$ 1,114 165.40$ 184,256$ 3,530 3,530 3,530 3,530 3,530 LIBRARYYear 2020 Needs Assessment10,146 220.00$ 2,232,120$ 10,146 174.05$ 1,765,911$ 10,146 363.19$ 3,684,926$ 10,146 325.29 3,300,392$ 10,146 165.40$ 1,678,148$ Added Space for 2024 per Needs Assessment2,369 220.00$ 521,180$ 2,369 174.05$ 412,324$ 2,369 363.19$ 860,397$ 2,369 325.29 770,612$ 2,369 165.40$ 391,833$ 112,515 12,515 12,515 12,515 12,515 TOTAL BUILDING COSTS2Expected increases to level of finish at interior & exterior.Complete Finish Out35,701 220.00$ 7,854,220$ 35,701 174.05$ 6,213,759$ 35,701 363.19$ 12,966,246$ 35,701 325.29 11,613,178$ 35,701 165.40$ 5,904,945$ 3 Expected increase for acoustic partitions, acoustic doors, sound absorbtive panels, etc.Added Space for 2024 per Needs Assessment12,439 220.00$ 2,736,580$ 12,439 174.05$ 2,165,008$ 12,439 363.19$ 4,517,720$ 12,439 325.29 4,046,282$ 12,439 165.40$ 2,057,411$ 4Additional Shell Space needed to make up 50,000 SF1,860 220.00$ 409,200$ 1,860 174.05$ 323,733$ 1,860 363.19$ 675,533$ 1,860 325.29605,039$ 1,860 165.40$ 307,644$ SUBTOTAL RAW BUILDING ONLY COSTS50,000 220.00$ 11,000,000$ 50,000 174.05$ 8,702,500$ 150,000 363.19$ 18,159,500$ 50,000 325.29 16,264,500$ 50,000 165.40$ 8,270,000$ 156 Includes landscape, trees, flatwork, and irrigation. Area represents assumed site area not devoted to building or parking.Exterior upgrades to brick & punched openings22,500 20.00$ 450,000$ 222,500 20.00$ 450,000$ 27 Amount from original Needs Assessment estimate increased relative to building size increase.Interior finish beyond basic paint, carpet, lay-in clg.50,000 15.00$ 750,000$ 250,000 15.00$ 750,000$ 28Additional interior costs for acoustic elements4,000 20.00$ 80,000$ 34,000 20.00$ 80,000$ 3Foundation cost for structured slab20,000 10.00$ 200,000$ 420,000 10.00$ 200,000$ 49 Based on ROM estimate from DataComm Design GroupUpgrade to (2) MRL Elevators, 2,500#50,000 2.75$ 137,500$ 50,000 2.75$ 137,500$ 10 Based on ROM estimate from DataComm Design GroupFire Alarm System50,000 2.00$ 100,000$ 50,000 2.00$ 100,000$ 11 Assumed number based off of original Needs Assessment estimate.Fireproofing for Vault & Vault Door50,000 0.40$ 20,000$ 50,000 0.40$ 20,000$ 12RSA ROM based on recent project cost.13ADDITIONAL BUILDING RELATED INFRASTRUCTURE COSTSIT/Security5.40$ 269,992$ 50,000 4.00$ 200,000$ 550,000 4.00$ 200,000$ 5Used same cost from Needs Assessment estimate. Not enough information yet to provide realistic ROM estimate.Expected premium for structured concrete foundation. Possibly not required. Dependant on Geotech Report.Represents estimated IT cost of $125K + Security cost of $75K. Based on ROM Estimate from DataCom Design Group.finished basic building construction before "Infrastructure Costs". The value of $154.00/SF found in column "2" is 70% of the $220.00/SF and represents the projected cost to constuct unfinished shell space.Based on R.S. Means, Square Foot Costs, 2015. Means costs are escalated to January 1, 2015.ADDITIONAL BUILDING RELATED COSTS (not included in Means) RSA ROM includes concrete parking, utilities from street to building, on-site storm control (no detention), site lightingIT/Security5.40$ 269,992$ 50,000 4.00$ 200,000$ 550,000 4.00$ 200,000$ 5IT Equipment Room Infrastructure4.48$ 224,083$ 50,000 4.48$ 224,000$ 950,000 4.48$ 224,000$ 9AV & Equipment14.57$ 728,271$ 50,000 12.50$ 625,000$ 1050,000 12.50$ 625,000$ 10Emergency Generator2.80$ 140,052$ 50,000 3.60$ 180,000$ 1250,000 3.60$ 180,000$ 12SUBTOTAL247.25$ 12,362,399$ 268.78$ 11,669,000$ 260.13$ 11,236,500$ BUILDING COST CONTINGENCY @ 10%24.72$ 1,236,240$ 26.88$ 1,166,900$ 26.01$ 1,123,650$ SUBTOTAL BUILDING RELATED COSTS271.97$ 13,598,639$ 295.66$ 12,835,900$ 286.14$ 12,360,150$ BUILDING RELATED ESCALATIONYear 20148% 21.76$ 1,087,891$ Year 20157% 20.56$ 1,028,057$ 5% 14.78$ 641,795$ 5% 14.31$ 618,008$ Year 2016 thru August (to midpoint of construction)7% 22.00$ 1,100,021$ 5% 15.52$ 673,885$ 5% 15.02$ 648,908$ TOTAL BUILDING RELATED COSTS336.29$ 16,814,608$ 325.96$ 14,151,580$ 315.47$ 13,627,065$ See belowSee belowRSA's estimator has very recent data on a similar project in the DFW area. This is a smaller project a little over 30,000 SF and includes higer level of finishNorth Richland Hills is a much larger building. It's total size is 182,000 SF. This creates an economy of scale that results in a lower per SF costTOTAL BUILDING RELATED COSTS336.29$ 16,814,608$ 325.96$ 14,151,580$ 315.47$ 13,627,065$ See belowSee belowPage 1 of 3Copyright Randall Scott Architects, Inc. September 4, 2015Item 17 PROSPER TOWN HALL/MULTI-PURPOSE BUILDINGPRELIMINARY COST COMPARISON*September 4, 2015 Building Area (SF) Assumed Current Cost ($/SF)** Total Current Cost ($) Building Area (SF) Assumed Current Cost ($/SF) Total Current Cost ($) Building Area (SF) Assumed Current Cost ($/SF)** Total Current Cost ($) Building Area (SF) Assumed Current Cost ($/SF)** Total Current Cost ($) Building Area (SF) Assumed Current Cost ($/SF) Total Current Cost ($) 7 4 Year 2020 Building Scope + Finished Space to total 50,000 SF 5 Year 2020 Building Scope + Finished Space to total 50,000 SF Year 2020 Building Scope + Finished Space to total 50,000 SF 3 Year 2020 Building Scope + Finished Space to total 50,000 SF Based on Needs Assessment Town Hall Cost ExamplesClass A Office Building Year 2020 Building Scope + Finished Space to total 50,000 SF Based on 2015 R. S. Means Data Based on 2015 R. S. Means Data RSA Estimating Consultant North Richland Hills C. H. 6 ON-SITE RELATED COSTSON-SITE INFRASTRUCTURE COSTSLandscape/Flatwork10.08$ 504,188$ 87,500 5.00$ 437,500$ 687,500 5.00$ 437,500$ 6Site Fence-$ -$ -$ LEED Enhancements-$ -$ -$ On-Site Water Detention-$ -$ -$ Site Development/Parking363 Cars 36.30$ 1,815,000$ 177,500 14.16$ 2,513,000$ 13177,500 14.16$ 2,513,000$ 13Franchise Utility Impact Fees-$ -$ -$ On-site related costs are included in the Sub-Total provided aboveOn-site related costs are included in the Sub-Total provided aboveCONSTRUCTION COSTSSUBTOTAL46.38$ 2,319,188$ 19.16$ 2,950,500$ 19.16$ 2,950,500$ ON-SITE COST CONTINGENCY @ 10%4.64$ 231,919$ 1.92$ 295,050$ 1.92$ 295,050$ SUBTOTAL ON-SITE COSTS51.02$ 2,551,106$ 21.07$ 3,245,550$ 21.07$ 3,245,550$ ON-SITE RELATED ESCALATIONYear 20148% 4.08$ 185,535$ Year 20157% 3.86$ 175,331$ 5% 0.96$ 147,525$ 5% 0.96$ 147,525$ Year 2016 thru August (to midpoint of construction)7% 4.13$ 187,604$ 5% 1.01$ 154,901$ 5% 1.01$ 154,901$ TOTAL ON-SITE COSTS63.09$ 3,099,576$ 23.04$ 3,547,976$ 23.04$ 3,547,976$ TOTAL ALL BUILDING AND ON-SITE COSTSTOTAL ALL BUILDING RELATED COST FROM ABOVE336.29$ 16,814,608$ 325.96$ 14,151,580$ 315.47$ 13,627,065$ TOTAL ALL ON-SITE RELATED COST FROM ABOVE63.09$ 3,099,576$ 23.04$ 3,547,976$ 23.04$ 3,547,976$ CONSTRUCTION MANAGER'S PRE-CONSTRUCTION FEE0.15$ 7,500$ 0.15$ 7,500$ 0.15$ 7,500$ 0.15$ 7,500$ 0.15$ 7,500$ The column bolow is a combination of Building and On-Site costsThe column bolow is a combination of Building and On-Site costsSee below16,264,500$ See below363.19$ 18,159,500$ 325.29$ SUBTOTAL363.34$ 18,167,000$ 325.44$ 16,272,000$ ESCALATION FOR ESTIMATES 5 AND 6Year 20146% 19.5264 976,320$ Year 20155% 18.17$ 908,350$ 5% 17.24832 862,416$ Year 2016 thru August (to midpoint of construction)5% 19.08$ 953,768$ 5% 18.110736 905,537$ TOTAL BUILDING AND ON-SITE COSTS399.53$ 19,921,684$ 349.00$ 17,699,556$ $ 400.58 $ 20,029,118 $ 380.33 $ 19,016,273 338.51$ 17,175,042$ Page 2 of 3Copyright Randall Scott Architects, Inc. September 4, 2015Item 17 PROSPER TOWN HALL/MULTI-PURPOSE BUILDINGPRELIMINARY COST COMPARISON*September 4, 2015 Building Area (SF) Assumed Current Cost ($/SF)** Total Current Cost ($) Building Area (SF) Assumed Current Cost ($/SF) Total Current Cost ($) Building Area (SF) Assumed Current Cost ($/SF)** Total Current Cost ($) Building Area (SF) Assumed Current Cost ($/SF)** Total Current Cost ($) Building Area (SF) Assumed Current Cost ($/SF) Total Current Cost ($) 7 4 Year 2020 Building Scope + Finished Space to total 50,000 SF 5 Year 2020 Building Scope + Finished Space to total 50,000 SF Year 2020 Building Scope + Finished Space to total 50,000 SF 3 Year 2020 Building Scope + Finished Space to total 50,000 SF Based on Needs Assessment Town Hall Cost ExamplesClass A Office Building Year 2020 Building Scope + Finished Space to total 50,000 SF Based on 2015 R. S. Means Data Based on 2015 R. S. Means Data RSA Estimating Consultant North Richland Hills C. H. 6 OFF-SITE COSTSOFF-SITE INFRASTRUCTURE COSTSOff-Site Development (by Owner)20.00$ 1,000,000$ 20.00$ 1,000,000$ 1120.00$ 1,000,000$ 20.00$ 1,000,000$ 20.00$ 1,000,000$ 11Fiber to Site (by Others)0.80$ 40,000$ 0.80$ 40,000$ 80.80$ 40,000$ 0.80$ 40,000$ 0.80$ 40,000$ 8Off-Site values in italics are taken from the original Needs Assessment. At this time RSA does not have adequate information about the scope of work in these columns to reassess those values.OTHER PROJECT COSTFiber to Site (by Others)0.80$ 40,000$ 0.80$ 40,000$ 0.80$ 40,000$ 0.80$ 40,000$ 0.80$ 40,000$ SUBTOTAL20.00$ 1,040,000$ 20.00$ 1,040,000$ $ 20.00 1,040,000$ $ 20.00 1,040,000$ 20.00$ 1,000,000$ OFF-SITE COST CONTINGENCY @ 10%2.00$ 104,000$ 2.00$ 104,000$ 2.00$ 104,000$ 2.00$ 104,000$ 2.00$ 100,000$ SUBTOTAL OFF-SITE COSTS22.00$ 1,144,000$ 22.00$ 1,144,000$ 22.00$ 1,144,000$ 22.00$ 1,144,000$ 22.00$ 1,100,000$ OFF-SITE ESCALATIONYear 20148% 1.32$ 62,400$ 6% 1.32$ 68,640$ Year 20157% 1.17$ 55,120$ 5% 1.00$ 52,000$ 5% 1.00$ 52,000$ 5% 1.17$ 60,632$ 5% 1.00$ 50,000$ Year 2016 thru August (to midpoint of construction)7% 1.22$ 57,876$ 5% 1.05$ 54,600$ 5% 1.05$ 54,600$ 5% 1.47$ 76,396$ 5% 1.05$ 52,500$ TOTAL OFF-SITE COSTS25.71$ 1,319,396$ 24.05$ 1,250,600$ 24.05$ 1,250,600$ 25.96$ 1,349,668$ 24.05$ 1,202,500$ Furniture $ 1,050,000 1,050,000$ 1,050,000$ 1,050,000$ 1,050,000$ Moving Costs $ 12,000 12,000$ 12,000$ 12,000$ 12,000$ Telephone300,000$ 300,000$ 300,000$ 300,000$ 300,000$ TOTAL FURNITURE, FIXTURES, EQUIPMENT & MOVING COSTS27.24$ 1,362,000$ 27.24$ 1,362,000$ 27.24$ 1,362,000$ 27.24$ 1,362,000$ 27.24$ 1,362,000$ FURNITURE, FIXTURES & EQUIPMENTSOFT COSTSNeeds Assessment28,735$ 28,735$ 28,735$ 28,735$ 28,735$ Environmental18,000$ 18,000$ 18,000$ 18,000$ 18,000$ Subsurface Soils $ 16,000 16,000$ 16,000$ 16,000$ 16,000$ Construction Materials $ 65,415 65,415$ 65,415$ 65,415$ 65,415$ Surveying/Platting $ 24,500 16,000$ 16,000$ 16,000$ 16,000$ Architectural/Engineering Services1,580,327$ 1,574,249$ 1,759,863$ 1,591,208$ 1,531,907$ Civil Engineering Off-Site Utilities184,400$ 200,000$ 200,000$ 200,000$ 200,000$ TAS Consulting5,000$ 5,000$ 5,000$ 5,000$ 5,000$ 38.45$ 1,922,377$ 35.07$ 1,753,296$ 35.07$ 1,753,296$ 35.07$ 1,753,296$ 35.07$ 1,753,296$ BUILDING COSTS336.29$ 16,814,608$ 325.96$ 14,151,580$ 315.47$ 13,627,065$ ON-SITE COSTS63.09$ 3,099,576$ 23.04$ 3,547,976$ 23.04$ 3,547,976$ OFF-SITE COSTS25.71$ 1,319,396$ 24.05$ 1,250,600$ 24.05$ 1,250,600$ 25.96$ 1349668.3224.05$ 1,202,500$ 27.24$ 1,362,000$ 27.24$ 1,362,000$ 27.24$ 1,362,000$ 27.24$ 136200027.24$ 1,362,000$ SOFT COSTS38.45$ 1,922,377$ 35.07$ 1,753,296$ 35.07$ 1,753,296$ 35.07$ 175329635.07$ 1,753,296$ TOTAL PROJECT COST490.36$ 24,517,957$ 441.31$ 22,065,452$ 487.90$ 24,395,014$ 469.62$ 23,481,237$ 429.86$ 21,492,838$ 19,016,273$ 400.58$ 20,029,118$ 380.33$ TOTAL SOFT COSTSFURNITURE, FIXTURES & EQUIPMENTTOTAL PROJECT COST SUMMARYPage 3 of 3Copyright Randall Scott Architects, Inc. September 4, 2015Item 17 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 – September 8, 2015 Agenda Item: Consider and act upon authorizing the Town Manager to execute a Standard Form of Agreement between the Town and Pogue Construction Co., L.P., related to Construction Manager-At-Risk services for Town of Prosper Town Hall/Multi-Purpose Facility; an Addendum to the Standard Form of Agreement between the Town and the Construction Manager-At-Risk; and an Addendum to the General Conditions of the Contract for Construction. Description of Agenda Item: On May 26, 2015, the Town Council approved the construction manager-at-risk procurement method for the construction of Town Hall/Multi-Purpose Facility. The Town utilized a one-step selection process. The Town requested proposals (RFP) from qualified firms to provide construction manager-at-risk services. The Town received four responses. 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 with same or similar facility construction; 3. qualifications of individuals assigned to the project; 4. references; and 5. cost proposal. The evaluation committee was comprised of ten staff members representing multiple departments. The evaluation committee scored each submittal in accordance with the evaluation criteria as stated above, to determine the total points for each firm. Based on the results, the committee interviewed the two top-ranked firms. After interviews and review of references, the committee submitted a recommendation of award to the Town Manager, who conducted final interviews. It is the recommendation of the Town Manager to award the agreement to Pogue Construction Co., L.P. The contract documents included with this item will secure the following:  Pre-Construction Services Fee $7,500  Construction Phase Services Fee 1.25%  Not-To-Exceed General Conditions Cost $650,021 When the construction drawings and specifications are between fifty to seventy-five percent complete, the Construction Manager-At-Risk shall propose a Guaranteed Maximum Price Prosper is a place where everyone matters. FINANCE Item 18 Page 2 of 2 (GMP), including contingencies, which shall be the sum of the estimated Cost of the Work, and the Construction Manager-At-Risk's fee. The GMP will be presented to Town Council for approval at that time. Budget Impact: There is no budget impact until a complete construction estimate is ready and construction begins. Expenditures for the Town Hall/Multi-Purpose Facility may be made under the authority of Resolution No. 14-22, approved April 8, 2014, which declares the expectation to reimburse expenditures for the design and construction of Town Hall with proceeds of future debt. Based on a construction cost of $17,000,000, the estimated fees to be paid to the CMAR total $870,021 ($212,500 construction services fee + $7,500 pre-construction services fee + $650,021 not-to-exceed general conditions cost). Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Standard Form of Agreement, Addendum to the Standard Form of Agreement, and the Addendum to the General Conditions of the Contract for Construction, as to form and legality. Attached Documents: 1. Proposal Tabulation 2. Standard Form of Agreement 3. Addendum to the Standard Form of Agreement 4. Addendum to the General Conditions of the Contract for Construction Town Staff Recommendation: Town staff recommends authorizing the Town Manager to execute a Standard Form of Agreement between the Town and Pogue Construction Co., L.P., related to Construction Manager-At-Risk services for Town Hall/Multi-Purpose Facility; an Addendum to the Standard Form of Agreement between the Town and the Construction Manager-At-Risk; and an Addendum to the General Conditions of the Contract for Construction. Proposed Motion: I move to authorize the Town Manager to execute a Standard Form of Agreement between the Town and Pogue Construction Co., L.P., related to Construction Manager-At-Risk services for Town Hall/Multi-Purpose Facility; an Addendum to the Standard Form of Agreement between the Town and the Construction Manager-At-Risk; and an Addendum to the General Conditions of the Contract for Construction. Item 18 RFP No: 2015-51-B Construction Manager-At-Risk for Town of Prosper Town Hall/Multi-Purpose Facility Opening: 7/21/15 at 2:00 PM CORE Construction Services of Texas, Inc. Lee Lewis Construction, Inc. Pogue Construction Co., LP SEDALCO, Inc. Pre-Construction Fee $ 10,000.00 $ 7,500.00 $ 7,500.00 $ 10,000.00 Construction Phase Services Fee 2.75% 2.25% 1.25% 4.50% Not-To-Exceed General Conditions Cost $ 640,431.00 $ 628,237.00 $ 650,021.00 $ 668,065.00 Certified By: January M. Cook, CPPO, CPPB Date: July 21, 2015 Purchasing Agent **All bids/proposals submitted for the designated project are reflected on this tabulation sheet. However, the listing of the bid/proposal on this tabulation sheet shall not be construed as a comment on the responsiveness of such bid/proposal or as any indication that the agency accepts such bid/proposal as being responsive. The agency will make a determination as to the responsiveness of the vendor responses submitted based upon compliance with all applicable laws, purchasing guidelines and project documents, including but not limited to the project specifications and contract documents. The agency will notify the successful vendor upon award of the contract and, as according to the law, all bid/proposal responses received will be available for inspection at that time. Town of Prosper Proposal Tabulation Purchasing Agent Town of Prosper, Texas Attachment 1 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to AIA-Document A133--2009 Page 1 of 25 ADDENDUM to The Standard Form of Agreement Between Owner and Construction Manager as Constructor Where the Basis of Payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price AIA Document A133 - 2009 This Addendum to the Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, AIA Document A133 - 2009 (“Addendum”) is entered into this ___ day of ______________, 2015, by and between Pogue Construction Co., L.P., (the “Construction Manager”) and the Town of Prosper, Texas, (the “Owner”). This Addendum is entered into to delete from, amend, replace, modify, add to, and/or supplement the Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, AIA Document A133 - 2009 (the “Agreement”), as set forth herein below. W I T N E S S E T H: WHEREAS, the Owner and Construction Manager desire to enter into the Agreement for the construction of the Town of Prosper Town Hall/Multi-Purpose Facility in the Town of Prosper, Texas, RFP No. 2015-51-B; and WHEREAS, the Owner and Construction Manager desire to clarify and revise certain of the terms and provisions contained in the Agreement; and WHEREAS, the Owner and Construction Manager would not enter into the Agreement save and except for the clarifications and revisions contained herein; NOW THEREFORE, FOR AND IN CONSIDERATION of the covenants, duties and obligations herein contained together with the covenants, duties and obligations contained in the Agreement, the parties do mutually agree that except as provided for below, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. In the event of any conflict or inconsistency between the provisions set forth in this Addendum and the Agreement, this Addendum shall govern and control. In consideration of the foregoing, and for other good and valuable consideration, the parties agree to modify the Agreement as follows: I. The following amendments, modifications, replacements, additions, and/or deletions are hereby made to those Sections and Articles of the Agreement identified herein below as follows: Attachment 3 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to AIA-Document A133--2009 Page 2 of 25 1. Section 1.1 is hereby amended by deleting the last sentence of this section. 2. Section 1.3 is hereby amended by deleting said provision in its entirety and replacing such provision with the following provision: § 1.3 General Conditions For the Preconstruction Phase, AIA Document A201™– 2007, General Conditions of the Contract for Construction, as modified by the Addendum to the General Conditions of the Contract for Construction, AIA Document A201-2007 (referred to collectively as the “A201-2007 Documents”) shall apply only as specifically provided in this Agreement. For the Construction Phase, the general conditions of the contract shall be as set forth in the A201–2007 Documents, which documents are incorporated herein by reference. The term “Contractor” as used in the A201–2007 Documents shall mean the Construction Manager 3. Section 2.1.2 is hereby amended by adding a new section 2.1.2.1 to read as follows: § 2.1.2.1 During the Preconstruction Phase the Construction Manager shall review the Contract Documents to ascertain whether the components of the mechanical, electrical, and plumbing systems may be constructed without interference with each other, or with the structural or architectural components of the Project. In the event conflicts between such systems are discovered, the Construction Manager shall promptly notify the Owner and the Architect in writing. 4. Section 2.1.2 is hereby amended by adding a new section 2.1.2.2 to read as follows: § 2.1.2.2 Notwithstanding any provision of this Agreement or the A201–2007 Documents to the contrary, the Construction Manager shall not be entitled to additional compensation for any delay or disruption to the Work arising from any conflict between the mechanical, electrical, and plumbing systems with each other, or with the structural or architectural components of the Project if such conflicts could have been discovered by the Construction Manager through the exercise of reasonable diligence and the Owner and Architect were not informed of such conflicts as required by Attachment 3 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to AIA-Document A133--2009 Page 3 of 25 Section 2.1.2.1. Provided, however, that this provision shall apply only with respect to conflicts appearing in the Drawings and Specifications provided for the Construction Manager’s review prior to proposal of a Guaranteed Maximum Price. 5. Section 2.1.3 is hereby amended by deleting said provision in its entirety and replacing such provision with the following provision: § 2.1.3 When Project requirements in Section 3.1.1 have been sufficiently identified, the Construction Manager shall coordinate with the Project schedule already developed by the Architect. The Project schedule shall coordinate and integrate the Construction Manager’s services, the Architect’s services, other Owner consultants’ services, and the Owner’s responsibilities and identify items that could affect the Project’s timely completion. The updated Project schedule shall include the following: submission of the Guaranteed Maximum Price proposal; components of the Work; times of commencement and completion required of each Subcontractor; ordering and delivery of products, including those that must be ordered well in advance of construction; and the occupancy requirements of the Owner. 6. Section 2.1.5.2 is hereby amended in part by adding the phrase “to reduce the cost and/or maintain the budget” at the end of the final sentence of that section. 7. Section 2.1.6 is hereby amended by deleting section 2.1.6 in its entirety and replacing it with a new section 2.1.6 to read as follows: § 2.1.6 The Construction Manager shall seek to develop subcontractor and supplier interest in the Project. All subcontracts shall be awarded pursuant to the procedures set forth in Section 2.3.2.1. 8. Section 2.1.8 is hereby amended in part by adding the following language to the end of that section: The Construction Manager shall certify to the Owner that the facility, to the best of his knowledge, has been constructed in accordance with the Architect’s construction documents. The certification shall be in a form which is acceptable to the Owner and Architect. Attachment 3 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to AIA-Document A133--2009 Page 4 of 25 9. Section 2.2.1 is hereby amended by deleting section 2.2.1 in its entirety and replacing it with a new section 2.2.1 to read as follows: § 2.2.1 When the Construction Drawings and Specifications are between fifty percent (50%) and seventy-five percent (75%) complete, the Construction Manager shall propose a Guaranteed Maximum Price, including contingencies as described in Section 2.2.4, which shall be the sum of the estimated Cost of the Work and the Construction Manager’s fee. The Guaranteed Maximum Price shall be proposed no later than 30 days after requested by the Owner. 10. Section 2.2.2 is hereby deleted in its entirety. 11. Subsection .2 of section 2.2.3 is hereby amended by deleting said subsection in its entirety and replacing it with a new subsection .2 to read as follows: .2 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the Guaranteed Maximum Price proposal; 12. Subsection .5 of section 2.2.3 is hereby amended by deleting said subsection in its entirety and replacing it with a new subsection .5 to read as follows: .5 A date by which the Owner must accept the Guaranteed Maximum Price, but in any event not less than sixty (60) days after submission of the Guaranteed Maximum Price; 13. Section 2.2.3 is hereby amended by adding a new subsection .6 to read as follows: .6 A statement that the proposed Guaranteed Maximum Price is not based in any part on any subcontract or material supply contract which would require the Owner to compensate the Construction Manager on other than a fixed fee basis; and 14. Section 2.2.3 is hereby amended by adding a new subsection .7 to read as follows: .7 If Owner requests, Construction Manager shall make available for inspection the background documents and information that form the basis of the Construction Manager’s Guaranteed Maximum Price proposal. Attachment 3 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to AIA-Document A133--2009 Page 5 of 25 15. Section 2.2.4 is hereby deleted in its entirety. 16. Section 2.2.5 is hereby amended by adding the following sentence at the end of section 2.2.5 to read as follows: The Owner shall be allowed not less than sixty (60) days after receipt to review and take action on the Construction Manager’s Guaranteed Maximum Price proposal. 17. Section 2.2.9 is hereby amended by deleting section 2.2.9 in its entirety and replacing it with a new Section 2.2.9 to read as follows: § 2.2.9 The Guaranteed Maximum Price shall include no amount for sales or use taxes for which Texas municipal corporations are exempt and for which the Owner has timely provided to the Construction Manager an appropriate tax exemption certificate or other required verification of the Owner’s tax exempt status. Such taxes shall not be reimbursable costs under Article 6. 18. Section 2.3.1.1 is hereby amended by deleting section 2.3.1.1 in its entirety and replacing it with a new section 2.3.1.1 to read as follows: § 2.3.1.1 The Construction Phase shall commence upon the issuance to the Construction Manager of the Notice to Proceed for all or a portion of the Work. 19. Section 2.3.1.2 is hereby amended by deleting section 2.3.1.2 in its entirety and replacing it with a new section 2.3.1.2 to read as follows: § 2.3.1.2 The Contract Time shall be measured from the date of commencement of the Construction Phase. 20. Section 2.3.1 is hereby amended by adding a new section 2.3.1.3 and a new section 2.3.1.4 to read as follows: § 2.3.1.3 The Construction Manager shall achieve Substantial Completion of the entire Work not later than the date set out in the Agreement, subject to adjustment of this Contract Time as provided in the Contract Documents. § 2.3.1.4 The Construction Manager and the Construction Manager’s surety shall be liable for and shall pay to the Attachment 3 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to AIA-Document A133--2009 Page 6 of 25 Owner the sums hereinafter stipulated as liquidated damages for each calendar day of delay until the Work is substantially complete: Five Hundred and No/One Hundredths Dollars ($ 500.00) per day or part of a day. 21. Section 2.3.2.1 is hereby amended by deleting section 2.3.2.1 in its entirety and replacing it with a new section 2.3.2.1 to read as follows: § 2.3.2.1 All portions of the Work, other than minor work, site clean-up, etc. (“General Conditions”), shall be performed by trade contractors or subcontractors, including the Construction Manager, who have been selected using competitive bids or competitive sealed proposals. With the Owner’s approval, the Construction Manager shall publicly advertise and solicit either competitive bids or competitive sealed proposals in accordance with the policies and procedures approved by Owner. The Construction Manager shall include specific notices of the following statutory requirements in the information to bidders: .1 The successful bidder’s responsibility to provide workers’ compensation insurance in accordance with Texas Labor Code Chapter 406; .2 The successful bidder’s responsibility to pay prevailing wages pursuant to Texas Government Code Chapter 2258; and, .3 A notice of the sales tax exemption for the Project and the procedure for obtaining any required exemption verification or certificates. Nothing herein shall prevent the Construction Manager from including other notices required or allowed by law. On all portions of the Work for which the Construction Manager does not submit a bid or proposal, the Construction Manager and the Owner shall receive and open all trade contractor and subcontractor bids or proposals in a manner that does not disclose the contents of the bid or proposal during the selection process. On any portion of the Work for which the Construction Manager submits a bid or proposal, the Owner shall receive and open the trade contractors’, subcontractors’ and Construction Manager’s bids or proposals, but shall not disclose the contents of the bids or Attachment 3 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to AIA-Document A133--2009 Page 7 of 25 proposals until the selection process therefore is completed. All bids or proposals shall be made public within seven (7) days after the date of final selection. 22. Section 2.3.2.2 is hereby amended by deleting section 2.3.2.2 in its entirety and replacing it with a new section 2.3.2.2 to read as follows: § 2.3.2.2 If the Guaranteed Maximum Price has been established and when a specific bidder (1) is recommended to the Owner by the Construction Manager, (2) is qualified to perform that portion of the Work, (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, and (4) offers the best value to the Owner, but the Owner requires that another bid be accepted, then the Construction Manager may require that a Change Order be issued to adjust the Contract Time and the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount and time requirement of the subcontract or other agreement actually signed with the person or entity designated by the Owner. 23. Section 2.3.2 is hereby amended by adding a new section 2.3.2.9 a new section 2.3.2.10, and a new section 2.3.2.11 to read as follows: §2.3.2.9 Liquidated Damages for Failure to Complete on Time. North Central Texas Council of Governments (“NCTCOG”) Specifications Item 108.8, Delays; Extension of Time; Liquidated Damages shall apply, except to the extent it is conflict with, or is otherwise amended by, this Section 2.3.2. The Construction Manager understands and agrees that time is of the essence in performing and completing the Work. The Owner and Construction Manager acknowledge that the actual damages the Owner may sustain if the Construction Manager fails to complete the Work on time are uncertain and will be difficult to ascertain. Consequently, the Construction Manager agrees to pay to the Owner the sum of Five Hundred and No/One Hundredths Dollars ($ 500.00) for each calendar day or part of a calendar day that completion of any Work required under the Contract Documents is overdue. This amount is payable as Attachment 3 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to AIA-Document A133--2009 Page 8 of 25 reasonable and just compensation for failure to complete the Work on time. This amount is payable as liquidated damages and not as a penalty. §2.3.2.10 Delays: Extension of Time: Liquidated Damages In addition to the requirements of NCTCOG Specifications Item 108.8 Delays; Extension of Time; Liquidated Damages, the following provisions shall be applied to Item 108.8 and be incorporated in to the NCTCOG Specifications as Item 108.8.2: 108.8.2 Unforeseeable Cause The term “unforeseeable cause” as it is used in Item 108.8 shall mean: 1. An act of God in the form of unusually severe weather conditions, including storms, flood, fire or similar event, that could not have been anticipated or guarded against and which materially affects the Work site, including access or egress thereto; 2. A riot or war situation actually involving the site or actually preventing the Construction Manager from working on the site, but not including any situation involving suppliers off-site other than those essential suppliers as supplied to OWNER;* or 3. An unanticipated strike involving the forces actually working on the Project or involving the employees of those essential suppliers,* but no other labor stoppage. * The Construction Manager must identify its essential suppliers in writing within five (5) business days of the Notice to Proceed. Any suppler that is not so identified shall not be considered an essential supplier justifying an extension of time for a delay caused by an Unforeseeable Cause. No event shall be deemed an Unforeseeable Cause for the purposes of this Agreement unless it actually and directly necessitates a delay in the Work which could not Attachment 3 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to AIA-Document A133--2009 Page 9 of 25 be otherwise remedied by taking reasonably prudent steps, and the Construction Manager could not reasonably adjust the schedule of the remaining Work to deal with, make up for, or otherwise work around the delays resulting from the Unforeseeable Cause(s). §2.3.2.11 Claims for Additional Time. The Construction Manager shall be entitled to an extension of the contract time for delays or disruptions due to unusually severe weather in excess of that normally experienced at the job site only as determined from climatological data set forth in this subsection. The Construction Manager shall bear the entire economic risk of all weather delays and disruptions, and shall not be entitled to any increase in the Guaranteed Maximum Price by reason of such delays or disruptions. Rainy days shall not be considered an abnormal or adverse weather condition for which an extension of time will be granted unless and except in those months during which the actual cumulative number of rainy days within the month exceed the historical average cumulative number of rainy days for said month, provided that the rainfall prevented the execution of major items of work on normal working days. A rain day is defined as a day when rainfall exceeds one-tenth (.1) inch during a twenty-four (24) hour period. The historical number of Weather Days per calendar month is as follows, based upon regional weather data from the National Weather Service (Dallas / Fort Worth, TX Weather Forecast Office): Average Weather Days per Month Jan. Feb. Mar. Apr. May Jun. Jul. Aug. Sept. Oct. Nov. Dec. 8 7 8 7 9 7 4 5 6 7 7 7 The number of rain days shown in the Rainfall Table for the first and last months of this Agreement will be prorated in determining the total number of rain days expected during the period of this Agreement. Time extensions may also be granted for any day following a period of precipitation during which muddy conditions exist and prevent performance of major items of work conducted on normal working days, which muddy conditions are subject to confirmation by the Owner. Attachment 3 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to AIA-Document A133--2009 Page 10 of 25 Requests for an extension of time pursuant to this subsection shall be promptly submitted to the Owner and no later than fourteen (14) days after the event(s) giving rise to such claim. The notice shall, in writing, specify the nature and duration of the delays or disruptions and the anticipated effect such weather days will have on the Construction Manager’s abilities to perform its obligations along with a plan to deal with the effects of such weather days and proposed amendments to all affected schedules and the Gantt Chart necessarily resulting therefrom. Failure to timely submit a complete notice of claim for delays and extension of time for completion due to abnormal or adverse weather conditions or rainy days pursuant to this subsection shall result in the denial of a request for extra time for performance under the Contract Documents. In the event of such failure, no adjustment shall be made to the Guaranteed Maximum Price, and the Construction Manager shall not be entitled to claim or receive any additional compensation as a result of or arising out of any delay resulting in the adjustment of the working time, due to any of the factors outlined within this subsection. No payment, compensation, or adjustment of any kind (other than the extensions of time provided for in the Contract Documents) shall be made to the Construction Manager for damages because of hindrances or delays from any cause other than intentional interference of the Owner, whether such hindrances or delays be avoidable or unavoidable, and the Construction Manager agrees that he will make no claim for compensation, damages or mitigation of liquidated damages for any such delays.” 24. Section 2.4 is hereby amended by deleting section 2.4 in its entirety and replacing it with a new section 2.4 to read as follows: § 2.4 Professional Services Section 3.12.10 of the A201–2007 Documents shall apply to both the Preconstruction and Construction Phases. 25. Section 2.5 is hereby amended by deleting section 2.5 in its entirety and replacing it with a new section 2.5 to read as follows: Attachment 3 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to AIA-Document A133--2009 Page 11 of 25 § 2.5 Hazardous Materials The Construction Manager shall have no responsibility for the handling, removal, or disposal or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB), lead paint, or other hazardous materials. The Construction Manager shall have no responsibility to initially discover the presence of such hazardous materials on the Project site, but shall have an affirmative duty to immediately report to the Owner the existence of such materials actually known by the Construction Manager or the Construction Manager’s consultants to be present on the Project site. Provided, however, that these limitations shall not apply if the Construction Manager places or allows such hazardous materials to be placed on the Project site. 26. A new section 2.6 is hereby added following section 2.5 to read as follows: §2.6 The Construction Manager shall be responsible for all construction surveys and staking. Dimensions of Work shall not be determined by scale or rule, but figured dimensions shall be followed at all times. The Construction Manager shall compare all drawings and verify all dimensions, and shall take any and all measurements necessary to verify the Drawing dimensions in relation to conditions already established at the Project site before laying out the Work. Any discrepancy will be immediately called to the attention of the Architect and Owner by the Construction Manager. The Construction Manager will be held responsible for subsequent errors which could have been avoided. 27. Section 3.1.2 is hereby deleted in its entirety. 28. Section 3.1.3 is hereby deleted in its entirety. 29. Section 3.2 is hereby amended by deleting section 3.2 in its entirety and replacing it with a new section 3.2 to read as follows: § 3.2 Owner’s Designated Representative The Owner is the Town of Prosper, Texas, acting by and through its Town Council, and is referred to throughout the Attachment 3 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to AIA-Document A133--2009 Page 12 of 25 Contract Documents as if singular in number. The Owner may designate in writing one or more persons to represent the Owner; however, such representatives shall have the authority to bind the Owner only to the extent expressly authorized by the Owner and shall have no implied authority. 30. Section 3.2.1 is hereby deleted in its entirety. 31. Section 3.3 is hereby amended by deleting section 3.3 in its entirety and replacing it with a new section 3.3 to read as follows: § 3.3 Architect The Construction Manager’s services shall be provided in conjunction with the services of an Architect retained by the Owner. The terms of the agreement between the Owner and the Architect shall be available for inspection by the Construction Manager upon request. 32. A new section 3.4 is hereby added following section 3.3 to read as follows: §3.4 Inspection and Testing The Owner shall provide or contract for, independently of the Construction Manager, the inspection services, the testing of construction materials engineering and the verification testing services necessary for acceptance of the Work by the Owner. 33. Section 4.1.2 is hereby amended by inserting the following language in the space, provided for such purpose, following the parenthetical at the end of section 4.1.2: Compensation for the services described in Sections 2.1 and 2.2 shall be included in the compensation described in Section 5.1, provided however, if the Construction Phase does not commence for any reason, the Construction Manager’s compensation for the services described in Sections 2.1 and 2.2 shall be a total amount not to exceed Three Thousand Five Hundred And No/One Hundredths Dollars ($ 3,500.00). Attachment 3 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to AIA-Document A133--2009 Page 13 of 25 34. Section 4.1.3 is hereby amended by inserting the following phrase in the corresponding spaces provided for such purpose between the phrase “extend beyond” and the phrase “months of” in section 4.1.3: “Twelve (12) calendar” 35. Section 4.2.2 is hereby amended by deleting section 4.2.2 in its entirety and replacing it with a new section 4.2.2 to read as follows: § 4.2.2 Payments are due and payable 30 days from the date the Construction Manager’s application for payment, approved by the Architect, is received by the Owner. Past due payments shall bear interest in accordance with the Texas Prompt Payment Act. No interest shall ever be due on any disputed amounts. 36. Section 5.1.1 is hereby amended by deleting section 5.1.1 in its entirety and replacing it with a new section 5.1.1 to read as follows: The Construction Manager’s fee shall be based on One and Twenty-Five/One Hundredths percent (1.25%) of the actual Cost of the Work as defined in Article 6 and less any applicable discounts, rebates, refunds and other amounts received from the sale of surplus materials and equipment. 37. Section 5.1.2 is hereby amended by deleting section 5.1.2 in its entirety and replacing it with a new section 5.1.2 to read as follows: § 5.1.2 The method of adjustment of the Construction Manager’s Fee for changes in the Work shall be by formal written Change Order approved by the Owner. 38. Section 5.1.3 is hereby amended by deleting section 5.1.3 in its entirety and replacing it with a new section 5.1.3 to read as follows: § 5.1.3 Limitations, if any, on a Subcontractor’s overhead and profit for increases in the cost of its portion of the Work shall be no more than ten percent (10%) of the subcontractor’s cost, for overhead, and shall be no more than five percent (5%) of the subcontractor’s cost, for profit: 39. Section 5.1.4 is hereby amended by deleting section 5.1.4 in its entirety and replacing it with a new section 5.1.4 to read as follows: Attachment 3 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to AIA-Document A133--2009 Page 14 of 25 § 5.1.4 Rental rates for Construction Manager-owned equipment, save and except the Construction Manager’s equipment costs identified in the Worksheet for the “Not-to- Exceed General Conditions Costs”, shall not exceed a cumulative total of Ten Thousand and No/100 Dollars ($10,000.00). 40. Section 5.2.1 is hereby amended by deleting section 5.2.1 in its entirety and replacing it with a new section 5.2.1 to read as follows: § 5.2.1 The Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed Maximum Price set forth in the Guaranteed Maximum Price Amendment, as it is amended from time to time. To the extent the Cost of the Work exceeds the Guaranteed Maximum Price, the Construction Manager shall bear such costs in excess of the Guaranteed Maximum Price without reimbursement or additional compensation from the Owner. In case of any “buy out” transaction or agreement by the Construction Manager with a subcontractor for the subcontractor’s cost of its portion of the Work, then such savings shall be shared with the Owner in the following percentages: one hundred percent (100%) to Owner, zero percent (0%) to Construction Manager. Said savings shall be memorialized by appropriate change order. Documentation regarding such “buy out” transactions/agreements shall be subject to the Owner’s audit and inspection rights set forth in §6.11. 41. Section 5.3.1 is hereby amended by deleting section 5.3.1 in its entirety and replacing it with a new section 5.3.1 to read as follows: § 5.3.1 The Owner may, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions. The Owner shall issue such changes in writing. The Architect may make minor changes in the Work as provided in Section 7.4 of the A201–2007 Documents. The Construction Manager may be entitled to an equitable adjustment in the Contract Time as a result of changes in the Work. Attachment 3 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to AIA-Document A133--2009 Page 15 of 25 42. Section 5.3.2 is hereby amended by replacing the phrase “AIA Document A201– 2007, General Conditions of the Contract for Construction” with the phrase “the A201– 2007 Documents.” 43. Section 5.3.3 is hereby amended by deleting section 5.3.3 in its entirety and replacing it with a new section 5.3.3 to read as follows: § 5.3.3 In calculating adjustments to subcontracts (except those awarded with the Owner’s prior consent on the basis of cost plus a fee), the terms “cost” and “fee” as used in Section 7.3.3.3 of the AIA A201–2007 Documents and the term “costs” as used in Section 7.3.7 of the AIA A201–2007 Documents shall have the meanings assigned to them in the AIA A201–2007 Documents and shall not be modified by Sections 5.1 and 5.2, Sections 6.1 through 6.7, and Section 6.8 of this Agreement. Adjustments to subcontracts awarded with the Owner’s prior consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts subject to the written approval of the Owner. 44. Section 5.3.4 is hereby amended by deleting Section 5.3.4 in its entirety and replacing it with a new Section 5.3.4 to read as follows: § 5.3.4 In calculating adjustments to the Guaranteed Maximum Price, the terms “cost” and “costs” as used in the above-referenced provisions of the AIA A201–2007 Documents shall mean the Cost of the Work as defined in Sections 6.1 to 6.7 of this Agreement and the term “fee” shall mean the Construction Manager’s Fee as defined in Section 5.1 of this Agreement. 45. Section 5.3.5 is hereby amended by deleting Section 5.3.5 in its entirety and replacing it with a new Section 5.3.5 to read as follows: § 5.3.5 In the case of changes in the Work, the fee will be adjusted as provided for in Section 5.1.1, if both parties agree that the scope of services has changed significantly. No change in the Work, whether by way of alteration or addition to the Work, shall be the basis of an addition to the Guaranteed Maximum Price or a change in the Contract Time unless and until such alteration or addition has been authorized by a change order executed and issued in accordance with and in strict compliance with the requirements of the Contract Documents. This requirement Attachment 3 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to AIA-Document A133--2009 Page 16 of 25 is of the essence of the Contract Documents. Accordingly, no course of conduct or dealings between the parties, nor express or implied acceptance of alterations or additions to the Work, and no claim that the Owner has been unjustly enriched by any alteration or addition to the Work, whether or not there is in fact any such unjust enrichment, shall be the basis for any claim to an increase in the Guaranteed Maximum Price or change in the Contract Time. 46. Section 6.2.4 is hereby amended by deleting Section 6.2.4 in its entirety and replacing it with a new Section 6.2.4 to read as follows: § 6.2.4 Costs paid or incurred by the Construction Manager for payroll taxes, insurance, and customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Sections 6.2.1 through 6.2.3, and provided that such costs are directly attributable to work performed on this Project only and provided further that such costs do not exceed twenty-five percent (25%) of such wages and salaries. 47. Section 6.2.5 is hereby deleted in its entirety. 48. Section 6.3 is hereby amended by deleting the last word “subcontracts” and replacing it with the phrase “Guaranteed Maximum Price Amendment.” 49. Section 6.4.2 is hereby amended by deleting Section 6.4.2 in its entirety and replacing it with a new Section 6.4.2 to read as follows: § 6.4.2 Costs of materials described in the preceding Section 6.4.1 in excess of those actually installed to allow for reasonable waste and spoilage. Unused excess materials, if any, shall become the Construction Manager’s property at the completion of the Work and the actual cost of such excess materials as was originally billed to Owner shall be credited to the Owner as a deduction from the Cost of the Work. 50. Section 6.5 is hereby amended by deleting Sections 6.5.4, 6.5.5 and 6.5.6 in their entirety. 51. Section 6.6.1 is hereby amended by deleting Section 6.6.1 in its entirety and replacing it with a new Section 6.6.1 to read as follows: Attachment 3 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to AIA-Document A133--2009 Page 17 of 25 § 6.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. 52. Section 6.6.2 is hereby deleted in its entirety. 53. Section 6.6.4 is hereby amended by deleting the phrase “AIA Document A201– 2007” at the end of the second line of said provision and replacing it with the phrase “A201-2007 Documents.” 54. Sections 6.6.5 through 6.6.9 are hereby deleted in their entirety. 55. Section 6.7.2 is hereby amended by deleting the phrase “AIA Document A201– 2007” at the end of the second line of said provision and replacing it with the phrase “A201-2007 Documents.” 56. Sections 6.7.3 and 6.7.4 are hereby deleted in their entirety. 57. Section 6.8.1 is hereby amended by deleting the phrase “The Cost of the Work shall not include the items listed below” and replacing it with the phrase “The Cost of the Work shall exclude items including, but not limited to, those items listed below.” 58. Section 6.8.1 is hereby amended, in part, by deleting Section 6.8.1.5 in its entirety and replacing it with a new Section 6.8.1.5 to read as follows: § 6.8.1.5 Costs due to the negligence of the Construction Manager, the Construction Manager’s Subcontractors or suppliers, or the failure of the Construction Manager, the Construction Manager’s Subcontractors or suppliers to fulfill a specific responsibility to the Owner set forth in this Agreement. 59. Section 6.9 is hereby amended, in part, by inserting the following provision as a new Section 6.9.3: § 6.9.3 Costs of inspections and testing of work ordered by the Contractor where the work was not performed or completed in accordance with the scheduling of such inspections and testing and the inspection or testing lab is not notified shall be credited to the Owner as a deduction from the Cost of the Work. Attachment 3 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to AIA-Document A133--2009 Page 18 of 25 60. Section 7.1.3 is hereby amended by deleting Section 7.1.3 in its entirety and replacing it with a new Section 7.1.3 to read as follows: § 7.1.3 The Owner will pay an approved Application for Payment within thirty (30) days after the date such approved Application for Payment is received by the Owner from the Architect. Not withstanding the foregoing the Owner shall not be required to pay any disputed amounts that the Owner believes were erroneously approved by the Architect. Past due payments and any disputed amounts shall bear interest in accordance with the Texas Prompt Payment Act. 61. Section 7.1.5 is hereby amended by adding the following sentence to the end of this section to read as follows: §7.1.5 Add the following at the end of this section: “Construction Manager shall use AIA Document G702 for Application and Certificate for Payments, and shall use AIA Document G703 for necessary continuation sheets related to AIA Document G702, or shall use such documents in a similar format approved by the Owner.” 62. Section 7.1.7.3 is hereby amended by inserting the following phrase in the corresponding spaces, provided for such purpose, immediately after the phrase “less retainage of” in the first sentence of Section 7.1.7.3: “Five percent (5%).” 63. Section 7.1.7.4 is hereby amended by inserting the following phrase in the corresponding spaces, provided for such purpose, immediately after the phrase “Subtract retainage of” in the first sentence of Section 7.1.7.4: “Five percent (5%).” 64. A new section 7.1.11 is hereby added following section 7.1.10 to read as follows: §7.1.11 In conjunction with any application for payment submitted by the Construction Manager, the Construction Manager shall comply with the release, lien waiver and other documentation requirements set forth in, but not limited to, AIA Document A201-2007, as amended, §9.3.3 and §9.10.2. Attachment 3 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to AIA-Document A133--2009 Page 19 of 25 65. Section 7.2.2 is hereby amended by inserting the phrase “, as amended” immediately following the phrase “AIA Document A201–2007” found at the end of the second and third sentences of said section. 66. Section 7.2.3 is hereby amended by inserting the phrase “, as amended” immediately following the phrase “AIA Document A201–2007” found at the end of the first sentence of said section. 67. A new Section 7.2.6 is hereby added following Section 7.2.5 to read as follows: § 7.2.6 The Contract shall not have been fully performed until all work required by the Construction Documents including but not limited to the following have been performed: .1 provision of record or as-built drawings executed or complete in “.tiff” format; .2 provision of executed or complete certificates of documents evidencing warranties and owner- operators manuals; .3 provision of all documents evidencing required testing, inspection, verification and other engineering or consulting services required under the construction contract; .4 insuring agreements and bonds covering all periods of construction and any subsequent periods required under the contract. 68. Article 8, entitled “Insurance and Bonds, including all Sections thereof is hereby deleted in its entirety and replaced with a new Article 8 also entitled “Insurance and Bonds to read as follows: For all phases of the Project, the Construction Manager shall purchase and maintain insurance and shall provide bonds in accordance with the Contract Documents and the Request for Proposals. Attachment 3 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to AIA-Document A133--2009 Page 20 of 25 69. Article 9, entitled “Dispute Resolution,” including all Sections thereof is hereby deleted in its entirety and replaced with a new Article 9 also entitled “Dispute Resolution” to read as follows: All disputes arising out of this Agreement shall be resolved in accordance with the provisions of Article 15 of the A201- 2007 Documents. 70. Article 10, entitled “Termination or Suspension,” including all Sections and Subsections thereof is hereby deleted in its entirety and replaced with a new Article 10 also entitled “Termination or Suspension” to read as follows: ARTICLE 10 TERMINATION OR SUSPENSION § 10.1 Prior to execution by both parties of the Guaranteed Maximum Price Amendment, the Owner may terminate this agreement, with or without cause, at any time upon twenty- four hours notice. In the event such termination is for the convenience of the Owner, the Construction Manager shall be compensated for all Preconstruction Phase services actually performed prior to receipt of notice of termination, not to exceed the compensation set forth in Section 4.1.1. § 10.2 Following execution by both parties of the Guaranteed Maximum Price Amendment, the Owner may terminate this agreement, with or without cause, at any time. In the event such termination is for the convenience of the Owner, the Construction Manager shall be compensated for reasonable costs incurred prior to notice of termination, profits on only that portion of the work actually performed prior to termination, and reasonable demobilization costs. § 10.3 Following execution by both parties of the Guaranteed Maximum Price Amendment, if the Project work is stopped for a period of ninety (90) days through no act or fault of the Construction Manager, then the Construction Manager may, upon ten additional days written notice to the Owner, terminate this agreement and recover from the Owner payment for all work actually performed, for any loss sustained upon any materials, equipment, tools, equipment, and machinery, and profits on only that portion of the work actually performed prior to termination. If the cause of the work stoppage is removed prior to the end of the ten day Attachment 3 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to AIA-Document A133--2009 Page 21 of 25 notice period, the Construction Manager may not terminate this agreement. § 10.4 The Owner or the Construction Manager may terminate this agreement for cause as provided in Article 14 of the A201-2007 Documents. 71. Section 11.1 is hereby amended, in part, by replacing the phrase “A201–2007” at the end of the sentence with the phrase “the A201-2007 Documents.” 72. Section 11.2 is hereby amended, in part, by replacing the phrase “A201–2007” at the beginning of the sentence with the phrase “the A201-2007 Documents.” 73. Section 11.3 is hereby amended, in part, by replacing the phrase “A201–2007” at the beginning of the sentence with the phrase “the A201-2007 Documents.” 74. Sections 11.4 and 11.5 are hereby deleted in their entirety. 75. Section 12.1 is hereby amended, in part, by deleting the first sentence of said Section in its entirety. II. In the event of conflict in the language of the Agreement and this Addendum, the terms of this Addendum shall be final, controlling and binding upon the parties. Where a portion of the Agreement is not amended, replaced, modified and/or supplemented by this Addendum, the unaltered portions of the Agreement shall remain in full force and effect. III. This Addendum, when combined with the Agreement contains the entire agreement between Owner and Construction Manager with respect to the subject matter hereof, and except as otherwise provided herein cannot be modified without written agreement of the parties. Said Agreement shall be fully effective as written except that it shall be read as if the foregoing deletions, modifications and additions were incorporated therein word for word. IV. This Addendum and the Agreement are entered into subject to the Prosper Town Charter and ordinances of Town, as same may be amended from time to time, and is subject to and is to be construed, governed and enforced under all applicable State of Texas and federal laws. Construction Manager will make any and all reports required per federal, state or local law including, but not limited to, proper reporting to the Internal Revenue Service, as required in accordance with Construction Manager’s income. Attachment 3 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to AIA-Document A133--2009 Page 22 of 25 Situs of this Contract is agreed to be Denton County, Texas, for all purposes, including performance and execution. V. If any of the terms, provisions, covenants, conditions or any other part of this Addendum are for any reason held to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants, conditions or any other part of this Addendum shall remain in full force and effect and shall in no way be affected, impaired or invalidated. VI. No right or remedy granted herein or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Addendum may be waived without written consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Addendum. VII. For purposes of this Addendum, including its intended operation and effect, the parties (Owner and Construction Manager) specifically agree and contract that: (1) the Addendum only affects matters/disputes between the parties to this Addendum, and is in no way intended by the parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with Owner or Construction Manager or both; and (2) the terms of this Addendum are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either Owner or Construction Manager. IN WITNESS WHEREOF, the parties hereto have set their hands by their representatives duly authorized on the day and year first written above. OWNER: TOWN OF PROSPER, TEXAS By: _______________________________ Harlan Jefferson, Town Manager Date Signed: _______________________ Attachment 3 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to AIA-Document A133--2009 Page 23 of 25 ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM: _________________________________ Terrence S. Welch, Town Attorney Attachment 3 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to AIA-Document A133--2009 Page 24 of 25 CONSTRUCTION MANAGER: POGUE CONSTRUCTION CO., L.P. a Texas Limited Partnership, acting by and through Ben Pogue, its President/Chief Executive Officer By: _______________________________ Ben Pogue, President/Chief Executive Officer Date Signed: _______________________ Attachment 3 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to AIA-Document A133--2009 Page 25 of 25 THE STATE OF TEXAS, COUNTY OF DENTON BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Harlan Jefferson, Town Manager of the TOWN OF PROSPER, a Texas Municipal Corporation, known to me to be the person who’s name is subscribed to the foregoing instrument, and acknowledged to me that he has executed the same on the Town’s behalf. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF , 20_____. Notary Public Denton County, Texas My commission expires THE STATE OF TEXAS, COUNTY OF _______________ This instrument was acknowledged before me on the ______ day of ________________, 2015, by Ben Pogue, in his capacity as President/Chief Executive Officer of Pogue Construction Co., L.P., a Texas Limited Partnership, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged that Ben Pogue is the President/Chief Executive Officer of POGUE CONSTRUCTION CO., L.P., a Texas Limited Partnership, and that he executed the same on behalf of and as the act of POGUE CONSTRUCTION CO., L.P. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF , 20_____. Notary Public County, _______ My commission expires Attachment 3 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 1 AIA Document A201-2007 ADDENDUM to The General Conditions of the Contract for Construction AIA Document A201-2007 This Addendum to the General Conditions of the Contract for Construction, AIA Document A201-2007 (“Addendum”), is entered into this ___ day of ______________, 2015, by and between Pogue Construction Co., L.P., (“Construction Manager”) and the Town of Prosper, Texas, (the “Owner”). This Addendum is entered into to delete from, amend, replace, modify, add to, and/or supplement the General Conditions of the Contract for Construction, AIA Document A201-2007 (the “Agreement”), as set forth herein below. W I T N E S S E T H: WHEREAS, the Owner and Construction Manager desire to enter into the Agreement for the construction of the Town of Prosper Town Hall/Multi-Purpose Facility in the Town of Prosper, Texas, RFP No. 20150-51-B; and WHEREAS, the Owner and Construction Manager desire to clarify and revise certain of the terms and provisions contained in the Agreement; and WHEREAS, the Owner and Construction Manager would not enter into the Agreement save and except for the clarifications and revisions contained herein; NOW THEREFORE, FOR AND IN CONSIDERATION of the covenants, duties and obligations herein contained together with the covenants, duties and obligations contained in the Agreement, the parties do mutually agree that except as provided for below, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. In the event of any conflict or inconsistency between the provisions set forth in this Addendum and the Agreement, this Addendum shall govern and control. In consideration of the foregoing, and for other good and valuable consideration, the parties agree to modify the Agreement as follows: I. The following amendments, modifications, replacements, additions, and/or deletions are hereby made to those Sections and Articles of the Agreement identified herein below as follows: 1. Section 1.1 is hereby amended by adding a new Section 1.1.9 to read as follows: § 1.1.9 General Reference Note. Where the term “Contractor” is used throughout the Agreement and this Addendum it shall be replaced with the phrase “Construction Manager at Risk (“CMAR”).” Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 2 AIA Document A201-2007 2. Section 1.1.2 is hereby amended by deleting the third sentence of such provision and replacing it with the following sentence: After execution of the original Contract Documents, the Contract may thereafter be amended or modified only by a written Modification signed by the parties. 3. Section 1.2.3 is hereby amended by deleting Section 1.2.3 in its entirety and replacing it with a new Section 1.2.3 to read as follows: § 1.2.3 Technical terms not specifically defined in the Contract Documents shall have the meanings given in AIA Document “Glossary of Construction Industry Terms”, July 1982 edition. Technical terms not defined as above and used to describe items of the Work and which so applied have a well-known technical or trade meaning, shall be held to have such recognized meaning. 4. Section 1.2 is hereby amended by adding a new Section 1.2.4 to read as follows: § 1.2.4 Precedence of the Contract Documents. The Contract Documents shall consist of the following documents: .1 Contract Modifications signed by Construction Manager and Owner. .2 Addenda, with those of later date having precedence over those of earlier date. .3 Addendum to the General Conditions of the Contract for Construction, AIA Document A201-2007. .4 General Conditions - AIA A201-2007. .5 Specifications and Drawings. .6 Addendum to the Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, AIA Document A133 - 2009. .7 Agreement -- Standard Form of Agreement Between Owner and Construction Manager as Constructor where Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 3 AIA Document A201-2007 the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, AIA Document A133 - 2009. These Contract Documents are incorporated by reference into this Addendum and the Agreement as if set out here in their entirety. The Contract Documents are intended to be complementary; what is called for by one document shall be as binding as if called for by all Contract Documents. It is specifically provided, however, that in the event of any inconsistency in the Contract Documents the inconsistency shall be resolved by giving precedence to the Contract Documents in the order in which they are listed herein above, with the most recently issued document taking precedence over previous issues of the same document. 5. Section 1.2 is hereby amended by adding a new Section 1.2.5 to read as follows § 1.2.5 Relation of Specifications and Drawings: To be equivalent in authority and priority. Should they disagree in themselves, or with each other, prices shall be based on the better quality and greater quantity of work indicated. In the event of the above mentioned disagreements, the resolution shall be determined by the Initial Decision Maker. 6. Section 1.2 is hereby amended by adding a new Section 1.2.6 to read as follows: § 1.2.6 Where the Drawings and Specifications, certain products, manufacturer’s trade names, or catalog numbers are given, it is done for the express purpose of establishing a standard of function, dimension, appearance, and quality of design, in harmony with the Work, and is not intended for the purpose of limiting competition. Materials or equipment shall not be substituted unless such substitution has been specifically accepted for use on this Project by the Architect. 7. Section 1.2 is hereby amended by adding a new Section 1.2.7 to read as follows: § 1.2.7 When the work is governed by reference to standards, building codes, manufacturer’s instructions, or other documents, unless otherwise specified, the current edition as of the Agreement date shall apply. Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 4 AIA Document A201-2007 8. Section 1.2 is hereby amended by adding a new Section 1.2.8 to read as follows: § 1.2.8 Requirements of public authorities apply as minimum requirements only and do not supersede more stringent specified requirements. 9. Section 1.5.1 is hereby amended by deleting the first sentence of such provision and replacing it with the following sentence: The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and will retain all common law, statutory and other reserved rights, including copyrights as against the Construction Manager, Subcontractors, Sub-subcontractors, and material or equipment suppliers. 10. Section 1.5 is hereby amended by adding a new Section 1.5.3 to read as follows: § 1.5.3 The Owner and Construction Manager agree that the Contract Documents may not be free from errors, inconsistencies, or omissions, and further agree that the Owner makes no warranty as to the completeness or accuracy of the Contract Documents, either express or implied. Execution of the Agreement by the Construction Manager is a representation that the Construction Manager has thoroughly reviewed and become familiar with the Contract Documents and that the Construction Manager is not aware of any errors, inconsistencies or omissions in the Contract Documents which would delay the Construction Manager in the performance of the Contract Work. The Construction Manager shall not be entitled to any damages or increase in the Contract Amount due to delays or disruptions to the Work arising out of any errors, inconsistencies or omissions impacting the completeness or accuracy of the Contract Documents. This limitation on damages is further subject to the limitations set forth in the Contract Documents. 11. Section 1.6 is hereby deleted in its entirety. 12. Section 2.1.1 is hereby amended by deleting Section 2.1.1 in its entirety and replacing it with a new Section 2.1.1 to read as follows: § 2.1.1 The Owner is the Town of Prosper, Texas, and is referred to throughout the Contract Documents as if singular Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 5 AIA Document A201-2007 in number. The Owner may designate in writing one or more persons to represent the Owner; however, such representatives shall have the authority to bind the Owner only to the extent expressly authorized by the Owner and shall have no implied authority. Except as otherwise provided in Section 4.2.1, the Architect does not have the authority to bind the Owner. 13. Section 2.1.2 is hereby amended by deleting Section 2.1.2 in its entirety and replacing it with a new Section 2.1.2 to read as follows: § 2.1.2 Construction Manager acknowledges that no lien rights exist with respect to public property. 14. Section 2.2.1 is hereby deleted in its entirety. 15. Section 2.1.2 is hereby amended by deleting the last sentence of Section 2.2.3 in its entirety. 16. Section 2.2.4 is hereby amended by deleting Section 2.2.4 in its entirety and replacing it with a new Section 2.2.4 to read as follows: § 2.2.4 The Owner shall furnish information or services required of the Owner by the Contract Documents and such other information or services that are within the Owner’s control and relevant to Construction Manager’s performance of the Work within a reasonable time following actual receipt of a written request for such information or services. 17. Section 2.2.5 is hereby amended by deleting Section 2.2.5 in its entirety and replacing it with a new Section 2.2.5 to read as follows: § 2.2.5 The Owner shall furnish one copy of the Contract Documents free of charge. The Construction Manager will be responsible for the cost of any additional copies of the Contract Documents as well as any and all Drawings and Project Manuals it needs or desires for the Project. 18. Section 2.2 is hereby amended by adding a new Section 2.2.6 to read as follows: § 2.2.6 Owner’s personnel may, but are not required to be present at the construction site during progress of the Work to assist the Architect in the performance of his duties, and to verify the Construction Manager’s record of the number of workmen employed on the Work, their occupational classification, the time each is engaged in the Work, and the Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 6 AIA Document A201-2007 equipment used in the performance of the Work for purpose of verification of Construction Manager’s Applications for Payment. 19. Section 2.3 is hereby amended by deleting Section 2.3 in its entirety and replacing it with a new Section 2.3 to read as follows: § 2.3 If the Construction Manager fails to correct nonconforming or defective Work as required by Paragraph 12.2, or fails to complete the Work on time as required by the Contract Documents or is in default of any of its material obligations hereunder, the Owner, by a written order signed by an agent specifically so empowered by the Owner, may order the Construction Manager to stop the Work or any portion thereof, until the cause for such order has been eliminated. However, the right of the Owner to stop the Work shall not give rise to any duty on the part of the Owner to exercise this right for the benefit of the Construction Manager or any other person or entity. This right shall be in addition to, and not in restriction of, the Owner’s rights under paragraph 12.2. 20. Section 2.4 is hereby amended by replacing the phrase “ten-day period” in the first sentence with the phrase “seven-day period” and by deleting the third sentence of Section 2.4 in its entirety. 21. Section 3.1.2 is hereby amended by deleting Section 3.1.2 in its entirety and replacing it with a new Section 3.1.2 to read as follows: § 3.1.2 The Construction Manager shall perform the Work in a good and workmanlike manner in accordance with the Contract Documents save and except to the extent the Contract Documents expressly specify a higher degree of finish or workmanship, in which event the Construction Manager shall perform the Work to such higher degree of finish or workmanship. 22. Section 3.1 is hereby further amended by adding a new Section 3.1.4 to read as follows: § 3.1.4 It is understood and agreed that the relationship of Construction Manager to Owner shall be that of an independent contractor. Nothing contained herein or inferable herefrom shall be deemed or construed to (1) make Construction Manager the agent, servant, or employee of the Owner, or (2) create any partnership, joint venture, or other Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 7 AIA Document A201-2007 association between Owner and Construction Manager. Any direction or instruction by Owner in respect of the Work shall relate to the results the Owner desires to obtain from the Work, and shall in no way affect Construction Manager’s independent contractor status as described herein. 23. Section 3.1 is also hereby amended by adding a new Section 3.1.5 to read as follows: § 3.1.5 REPRESENTATIONS AND WARRANTIES. § 3.1.5 The Construction Manager represents and warrants the following to the Owner (in addition to the other representations and warranties contained in the Contract Documents), as an inducement to the Owner to execute this Contract, which representations and warranties shall survive the execution and delivery of the Contract and the final completion of the Work: .1 that it is financially solvent, able to pay its debts as they mature and possessed of sufficient working capital to complete the Work and perform its obligations under the Contract Documents; .2 that it is able to furnish the plant, tools, materials, supplies, equipment and labor required to complete the Work and perform its obligations hereunder and has sufficient experience and competence to do so; .3 that it is authorized to do business in the State where the Project is located and properly licensed by all necessary governmental and public quasi-public authorities having jurisdiction over it and over the Work and the site of the Project; .4 that the execution of the Contract and its performance thereof is within its duly authorized powers; and .5 that its duly authorized representative has visited the site of the Work, familiarized itself with the local conditions under which the Work is to be performed and correlated its observations with the requirements of the Contract Documents. Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 8 AIA Document A201-2007 24. Section 3.2.1 is hereby amended by adding the following sentence to the end of Section 3.2.1 to read as follows: Signing any one of the Contract Documents shall be considered as signing all of the Contract Documents. 25. Section 3.2.2 is hereby amended by deleting the second sentence of such provision and replacing it with the following sentence: Any errors, omissions, or inconsistencies discovered by the Construction Manager shall be reported promptly to the Architect as a request for information in such form as the Architect may require. 26. Section 3.2.2 is hereby further amended by adding the following clauses to the end of Section 3.2.2 to read as follows: .1 The exactness of grades, elevations, dimensions, or locations given on any Drawings issued by the Architect, or the work installed by other contractors, is not guaranteed by the Architect or the Owner. .2 The Construction Manager shall, therefore, satisfy itself as to the accuracy of all grades, elevations, dimensions, and locations. In all cases of interconnection of its Work with existing or other work, Construction Manager shall verify at the site all dimensions relating to such existing or other work. Any errors due to the Construction Manager’s failure to so verify all such grades, elevations, dimensions, or locations shall be promptly rectified by the Construction Manager without any additional cost to the Owner. 27. Section 3.2.4 is hereby amended by deleting the third sentence of such provision and replacing it with the following sentence: If the Construction Manager performs the obligations of Sections 3.2.2 or 3.2.3, the Construction Manager shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 9 AIA Document A201-2007 28. Section 3.2 is hereby further amended by adding a new Section 3.2.5 to read as follows: § 3.2.5 Notwithstanding the delivery of a survey or other documents by the Owner, Construction Manager is responsible for contacting all private and public utilities to determine the location of existing facilities and compliance with the State of Texas’ “call before you dig” program mandated by Texas Utility Code Chapter 251 prior to any digging or excavation. Construction Manager shall use reasonable efforts to perform all work in such a manner so as to avoid damaging any utility lines, cables, pipes, or pipelines on the Property. Construction Manager shall be responsible for, and shall repair at Construction Manager’s own expense, any damage done to lines, cables, pipes, and pipelines by Construction Manager. 29. Section 3.3.1 is hereby amended by deleting the last sentence of such provision and replacing it with the following sentence If the Construction Manager is then instructed in writing by the Architect to proceed with the required construction means, methods, techniques, sequences or procedures set out in the Construction Documents without acceptance of the changes proposed by the Construction Manager, the Architect shall be responsible for any loss or damage arising solely from those required means, methods, techniques, sequences or procedures. 30. Section 3.3 is hereby further amended by adding a new Section 3.3.4 to read as follows: § 3.3.4 Construction Manager shall bear responsibility for design and execution of acceptable trenching and shoring procedures, in accordance with Texas Government Code, Section 2166.303 and Texas Health and Safety Code, Subchapter C, Sections 756.021, et seq. 31. Section 3.3 is hereby further amended by adding a new Section 3.3.5 to read as follows: § 3.3.5 Trench safety systems shall be provided by the Construction Manager in accordance with the applicable subpart related to Excavation, Trenching, and Shoring of the OSHA Standards as published in Federal Register, Volume 54, No. 209 dated October 31, 1989, and revised effective Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 10 AIA Document A201-2007 January 2, 1990. These standards describe safety and health regulations as administered by the U.S. Department of Labor Occupational Safety and health Administration (OSHA). The standards specified by the OSHA Regulations shall be the minimum allowed on this Project. It shall be the responsibility of the Construction Manager to provide a design and install adequate trench safety systems for all trenches excavated on this Project. 32. Section 3.3 is also hereby amended by adding a new Section 3.3.6 to read as follows: § 3.3.6 The Construction Manager shall review subcontractor safety programs, procedures, and precautions in connection with performance of the Work. However, the Construction Manager’s duties shall not relieve any subcontractor(s) or any other person or entity (e.g. a supplier) including any person or entity with whom the Construction Manager does not have a contractual relationship, of their responsibility or liability relative to compliance with all applicable federal, state and local laws, rules, regulations, and ordinances which shall include the obligation to provide for the safety of their employees, persons, and property and their requirements to maintain a work environment free of recognized hazards. The foregoing notwithstanding, the requirements of this paragraph are not intended to impose upon the Construction Manager any additional obligations that the Construction Manager would not have under any applicable state or federal laws including, but not limited to, any rules, regulations, or statutes pertaining to the Occupational Safety and Health Administration. 33. Section 3.4.1 is hereby amended by adding a new Section 3.4.1.1 to read as follows: § 3.4.1.1 Prevailing Wages. Attention is called to Texas Government Code Chapter 2258, entitled “Prevailing Wage Rates.” Among other things, this Chapter provides that it shall be mandatory upon the Construction Manager and upon any Subcontractor under the Construction Manager to pay not less than the prevailing rates of per diem wages in the locality at the time of construction to all laborers, workmen, and mechanics employed by them in the execution of the Contract. Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 11 AIA Document A201-2007 34. Section 3.4.1 is hereby amended by adding a new Section 3.4.1.2 to read as follows: § 3.4.1.2 In accordance with Texas Government Code Chapter 2258, the Owner has established a scale of prevailing wages which is incorporated in the project specifications, and not less than this established scale must be paid on the Project. Any workers not included in the schedule shall be properly classified and paid not less than the rate of wages prevailing in the locality of the work at the time of construction. 35. Section 3.4.1 is also hereby amended by adding a new Section 3.4.1.3 to read as follows: § 3.4.1.3 A Construction Manager or Subcontractor who violates the provisions of Sections 3.4.1.1. or 3.4.1.2 shall pay to Owner the sum of Sixty and No/100 Dollars ($60.00) for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rate stipulated in the scale of prevailing wages applicable to this Project, as required by Texas Government Code Section 2258.023(b). 36. Section 3.4.2 is hereby amended by deleting Section 3.4.2 in its entirety and replacing it with a new Section 3.4.2 to read as follows: § 3.4.2 The Construction Manager may make substitutions only under the following circumstances: .1 Substitutions and alternates may be rejected without explanation and will be considered only under one or more of the following conditions: (i) the proposal is required for compliance with interpretation of code requirements or insurance regulations then existing; (ii) specified products are unavailable through no fault of the Construction Manager; and, (iii) in the judgment of the Owner or the Architect, a substitution would be substantially in the Owner’s best interests, in terms of cost, time, or other considerations. .2 The Construction Manager must submit to the Architect and the Owner: (i) a full explanation of the proposed substitution and submittal of all supporting data, including technical information, catalog cuts, warranties, test results, installation instructions, operating procedures, Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 12 AIA Document A201-2007 and other like information necessary for a complete evaluation of the substitution; (ii) a written explanation of the reasons the substitution is necessary, including the benefits to the Owner and the Work in the event the substitution is acceptable; (iii) the adjustment, if any, in the Contract Sum related to the substitution; (iv) the adjustment, if any, in the time of completion of the Contract and the construction schedule related to the substitution; and (v) an affidavit stating (a) the proposed substitution conforms to and meets all the requirements of the pertinent Specifications and the requirements shown on the Drawings, and (b) the Construction Manager accepts the warranty and correction obligations in connection with the proposed substitution as if originally specified by the Architect. .3 Proposals for substitutions shall be submitted in triplicate to the Architect in sufficient time to allow the Architect no less than twenty-one (21) working days for review. No substitutions will be considered or allowed without the Construction Manager’s submittal of complete substantiating data and information as stated hereinbefore. .4 Whether or not any proposed substitution is accepted by the Owner or the Architect, the Construction Manager shall reimburse the Owner for any fees charged by the Architect or other consultants for evaluating each proposed substitute. 37. Section 3.4.3 is hereby amended by adding the following provisions to the end of Section 3.4.3 to read as follows: The Construction Manager shall be responsible for the actions of Construction Manager’s forces, Subcontractor’s forces and all tiers of Sub-subcontractor’s forces. The Construction Manager recognizes that the Project Site is public municipal property, and will prohibit the possession or use of alcohol, controlled substances, tobacco, and any prohibited weapons on the Project Site and shall require adequate dress of the Construction Manager’s forces consistent with the nature of the work being performed, including wearing shirts at all times. Sexual harassment of employees of the Construction Manager or employees or invitees of the Owner by employees of the Construction Manager is strictly forbidden. Any employee of the Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 13 AIA Document A201-2007 Construction Manager who is found to have engaged in such conduct shall be subject to appropriate disciplinary action by the Construction Manager, including removal from the job site. 38. Section 3.4 is hereby amended by adding a new Section 3.4.4 to read as follows: § 3.4.4 The Construction Manager shall only employ or use labor in connection with the Work capable of working harmoniously with all trades, crafts, and any other individuals associated with the Project. 39. Section 3.5 is hereby amended by deleting Section 3.5 in its entirety and replacing it with a new Section 3.5 to read as follows: § 3.5 WARRANTY § 3.5.1 The Construction Manager warrants to the Owner and Architect that the materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Construction Manager further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements, including substitutions that are not properly approved and authorized, may be considered defective. The Construction Manager’s warranty excludes remedy for damage or defect caused by abuse attributable to Owner; alterations or modifications to the Work not performed by Construction Manager; improper or insufficient maintenance and/or improper operation attributable to Owner; or, normal wear and tear and normal usage. If required by the Architect, the Construction Manager shall furnish satisfactory evidence as to the kind and quality of materials and equipment § 3.5.2 The Construction Manager agrees to assign to the Owner at the time of final completion of the Work any and all manufacturer’s warranties relating to materials and labor used in the Work and further agrees to perform the Work in such manner so as to preserve any and all such manufacturer’s warranties. Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 14 AIA Document A201-2007 § 3.5.3 Construction Manager’s express warranty herein shall be in addition to, and not in lieu of, any other remedies Owner may have under this Agreement, at law, or in equity for defective Work. § 3.5.4 The warranty provided in Section 3.5.1 shall be in addition to and not in limitation of any other warranty or remedy required by law or by the Contract Documents, and such warranty shall be interpreted to require Construction Manager to replace defective materials and equipment and re-execute defective Work which is disclosed to the Construction Manager by the Owner within a period of one (1) year after Substantial Completion of the entire Work or if latent defect, within one (1) year after discovery thereof by Owner. § 3.5.5 The Construction Manager shall issue in writing to the Owner as a condition precedent to final payment a “General Warranty” reflecting the terms and conditions of Sections 3.5.1 and 3.5.2 for all Work under the Contract Documents. This General Warranty shall be assignable. Submittal of all warranties and guarantees are required as a prerequisite to the final payment. § 3.5.6 Except when a longer warranty time is specifically called for in the Specification Sections or is otherwise provided by law, the General Warranty shall be for twelve (12) months and shall be in form and content otherwise satisfactory to the Owner. Owner acknowledges that the Project may involve construction work on more than one (1) building for the Owner. Each building, or approved phase of each building, shall have its own, separate, and independent date of Substantial Completion or Final Completion. Construction Manager shall maintain a complete and accurate schedule of the dates of Substantial Completion, dates upon which the one (1) year warranty on each phase or building which is substantially complete will expire, and dates of Final Completion. Construction Manager agrees to provide notice of the warranty expiration date to Owner and Architect at least one (1) month prior to the expiration of the one (1) year warranty period on each building or each phase of the building which has been substantially completed. Prior to termination of the one (1) year warranty period, Construction Manager shall accompany the Owner and Architect on re-inspection of the building and be responsible for correcting any reasonable additional deficiencies not Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 15 AIA Document A201-2007 caused by the Owner or by the use of the building which are observed or reported during the re-inspection. For extended warranties required by various sections, i.e. roofing, compressors, mechanical equipment, Owner will notify the Construction Manager of deficiencies and Construction Manager shall start remedying these defects within three (3) days of initial notification from Owner. Construction Manager shall prosecute the work without interruption until accepted by the Owner and the Architect, even though such prosecution should extend beyond the limit of the warranty period. If Construction Manager fails to provide notice of the expiration of the one-year warranty period at least one (1) month prior to the expiration date, Construction Manager’s warranty obligations described in this paragraph shall continue until such inspection is conducted and any deficiencies found in the inspection corrected. § 3.5.7 Warranties shall become effective on a date established by the Owner and Architect in accordance with the Contract Documents. This date shall be the Date of Substantial Completion of the entire Work, unless otherwise provided in any Certificate of Partial Substantial Completion approved by the parties, except for work to be completed or corrected after the date of Substantial Completion and prior to final payment. Warranties for work to be completed or corrected after the date of Substantial Completion and prior to final payment shall become effective on the later of the date the work is completed or corrected and accepted by the Owner and Architect or the date of final payment. 40. Section 3.6 is hereby amended by deleting Section 3.6 in its entirety and replacing it with a new Section 3.6 to read as follows: § 3.6 TAXES The Construction Manager will not include in the Contract Price or any Modification any amount for sales, use, or similar taxes. Construction Manager understands and agrees that Owner is a Texas municipal corporation which is exempt from the payment of such taxes. Owner will provide the Construction Manager with a tax exemption certificate or other documentation necessary to establish the Owner’s exemption from such taxes. Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 16 AIA Document A201-2007 41. Section 3.7.1 is hereby amended by deleting Section 3.7.1 in its entirety and replacing it with a new Section 3.7.1 to read as follows: § 3.7.1 Unless otherwise specifically provided to the contrary in the Contract Documents, it shall be the full responsibility of the Construction Manager to acquire and comply with any and all permits as may be required to avoid delay of the Project, and which permits, fees, licenses and inspections are necessary for the proper execution, performance and completion of the Work. No separate payment will be made for this item and it will be considered subsidiary to the other items bid. 42. Section 3.7.2 is hereby amended by adding the following provisions to the end of Section 3.7.2 to read as follows: The Construction Manager shall be responsible for ensuring that it and any subcontractors performing any portion of the Work required under the Contract Documents comply with all applicable federal, state, county, and municipal laws, regulations, and rules that relate in any way to the performance and completion of the Work including, but not limited to, the work eligibility of individuals performing the Work. This provision applies whether or not a legal requirement is described or referred to in the Contract Documents. 43. Section 3.7.4 is hereby amended by replacing the phrase “no later than 21 days after first observation” in the first sentence with the phrase “and within seven-days after first observation.” 44. Section 3.7 is hereby amended by adding a new Section 3.7.6 to read as follows: § 3.7.6 The Construction Manager shall also obtain all permits and approvals, and pay all fees and expenses, if any, associated with National Pollutant Discharge Elimination System (“NPDES”) regulations administered by the Environmental Protection Agency (“EPA”), the Texas Commission on Environmental Quality (“TCEQ”) and local authorities, if applicable, that require completion of documentation and/or acquisition of a “Land Disturbing Activities Permit” for the Project. Construction Manager’s obligations under this paragraph do not require it to perform engineering services during the pre-construction phase, unless otherwise required by the Contract Documents, to prepare proper drainage for the construction sites. However, Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 17 AIA Document A201-2007 any drainage alterations made by Construction Manager during the construction process which require the issuance of a permit shall be at Construction Manager’s sole cost. 45. Section 3.9.1 is hereby amended by adding the following provisions to the end of Section 3.9.1 to read as follows: The superintendent shall be capable of reading and thoroughly understanding the Plans and Specifications, and thoroughly experienced in the type of Work being performed. The superintendent shall have full authority to execute orders or directions and to promptly supply such materials, equipment, tools, labor and incidentals as may be required. Such superintendent shall be furnished irrespective of the amount of Work subcontracted. The superintendent and the Construction Manager shall be responsible for all work performed by the Subcontractor at all times during construction. 46. Section 3.9.2 is hereby amended by deleting the last sentence of Section 3.9.2 and replacing it with the following provision to read as follows: Failure of the Architect to reply within the 14-day period shall constitute notice that the Architect and Owner have no known objection to the proposed superintendent. Failure to reply or affirmative consent by the Architect to the proposed superintendent shall not be deemed to waive or otherwise deprive the Owner and Architect of the right to thereafter complain to the Construction Manager regarding or otherwise object to the continued assignment of the superintendent to the Work if a reasonable objection to the superintendent arises during the course of the Work. 47. Section 3.9.3 is hereby amended by deleting the last sentence of that provision and replacing it with the following provision to read as follows: The Construction Manager shall not replace the superintendent prior to final completion of the Work unless (1) the superintendent shall cease to be employed by the Construction Manager or its subsidiaries or affiliated companies, or (2) the Owner agrees to such replacement. The superintendent may not be employed on any other project prior to final completion of the Work. Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 18 AIA Document A201-2007 48. Section 3.9 is hereby amended by adding a new Section 3.9.4 to read as follows: § 3.9.4 The Construction Manager shall furnish a list to the Architect of all engineers, consultants, job-site superintendents, Subcontractors, Sub-subcontractors and material and equipment suppliers involved in construction of the Work. The Architect shall provide such information to the Owner. 3.9.4.1 The Owner may reject or require removal of any engineer, consultant, job superintendent, or employee of the Construction Manager, Subcontractor or Sub-subcontractor involved in the project. § 3.9.4.2 Construction Manager shall provide an adequate staff for the proper coordination and expedition of the Work. Owner reserves the right to require Construction Manager to dismiss from the work any employee or employees that Owner may deem incompetent, careless, insubordinate, or in violation of any provision in these Contract Documents. This provision is applicable to Subcontractors, Sub- subcontractors and their employees. § 3.9.4.3 The Owner reserves the right to utilize one or more of its employees to function in the capacity of the Town’s Inspector, whose primary function will be daily inspections, checking pay requests, construction timelines, and storage of supplies and materials. 49. Section 3.10.1 is hereby amended by deleting Section 3.10.1 in its entirety and replacing it with a new Section 3.10.1 to read as follows: § 3.10.1 The Construction Manager, promptly after being awarded the Contract, shall prepare and submit for the Owner’s and Architect’s information a Construction Manager’s initial construction schedule for the Work utilizing critical path method scheduling techniques. The initial schedule shall not exceed the time limits set forth in the Contract Documents. The initial schedule shall thereafter be updated on a monthly basis and submitted with each application for payment. The receipt of an updated schedule with each application for payment shall be a condition precedent to the Owner’s duty to make any payment pursuant to Article 9.6. Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 19 AIA Document A201-2007 .1 Each schedule shall break the Work into a sufficient number of activities to facilitate the efficient use of critical path method scheduling by the Construction Manager, Owner, and Architect. Each schedule activity shall be assigned a cost value consistent with the Schedule of Values so as to allow the Owner and Construction Manager to project cash flow for the Project. .2 Each schedule shall include activities representing manufacturing, fabrication, or ordering lead time for materials, equipment, or other items for which the Architect is required to review submittals, shop drawings, product data, or samples. .3 Each schedule, other than the initial schedule, shall indicate the activities, or portions thereof, which have been completed; shall reflect the actual time for completion of such activities; and shall reflect any changes to the sequence or planned duration of all activities. .4 If any updated schedule exceeds the time limits set forth in the Contract Documents for completion of the Work, the Construction Manager shall include with the updated schedule a statement of the reasons for the anticipated delay in completion of the Work and the Construction Manager’s planned course of action for completing the Work within the time limits set forth in the Contract Documents. If the Construction Manager asserts that the failure of the Owner or the Architect to provide information to the Construction Manager is the reason for anticipated delay in completion, the Construction Manager shall also specify what information is required from the Owner or Architect. .5 Neither the Owner or the Construction Manager shall have exclusive ownership of float time in the schedule. All float time shall inure to the benefit of the Project. The Construction Manager agrees to use its best efforts not to sequence the Work or assign activity durations so as to produce a schedule in which more than one-fourth of the remaining activities have no float time. .6 Submission of any schedule under this Contract constitutes a representation by the Construction Manager that: (1) the schedule represents the sequence in which Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 20 AIA Document A201-2007 the Construction Manager intends to prosecute the remaining Work; (2) the schedule represents the actual sequence and durations used to prosecute the completed work; (3) that to the best of its knowledge and belief the Construction Manager is able to complete the remaining Work in the sequence and time indicated; and, (4) that the Construction Manager intends to complete the remaining work in the sequence and time indicated. 50. Section 3.10 is hereby amended by adding a new Section 3.10.4 to read as follows: § 3.10.4 The construction schedule shall be in a detailed precedence - style critical path method (“CPM”) format for each major item of work and the time frame for the initiation, progress and completion of such major item of work satisfactory to the Owner and the Architect. The construction schedule shall also (i) provide a graphic representation of all activities and events that will occur during performance of the Work; (ii) identify each phase of construction and occupancy; and (iii) set forth dates that are critical in ensuring the timely and orderly completion of the Work in accordance with the requirements of the Contract Documents (hereinafter referred to as “Milestone Dates”). Upon review and acceptance by the Owner and the Architect of the Milestone Dates, the construction schedule shall be deemed part of the Contract Documents and attached to the Agreement as Exhibit A. If not accepted, the construction schedule shall be promptly revised by the Construction Manager in accordance with the recommendations of the Owner and the Architect and resubmitted for acceptance. The Construction Manager shall monitor the progress of the Work for conformance with the requirements of the construction schedule and shall promptly advise the Owner of any delays or potential delays. The accepted construction schedule shall be updated to reflect actual conditions. In the event any progress report indicates any delays, the Construction Manager shall propose an affirmative plan to correct the delay, including overtime and/or additional labor, if necessary. In no event shall any progress report constitute an adjustment in the Contract Time, any Milestone Date, or the Contract Sum unless any such adjustment is agreed to by the Owner and authorized pursuant to Change Order. Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 21 AIA Document A201-2007 51. Section 3.10 is hereby further amended by adding a new Section 3.10.5 to read as follows: § 3.10.5 In the event the Owner determines that the performance of the Work, as of a Milestone Date, has not progressed or reached the level of completion required by the Contract Documents, the Owner shall have the right to order the Construction Manager to take corrective measures necessary to expedite the progress of construction, including, without limitations, (i) working additional shifts of overtime, (ii) supplying additional manpower, equipment and facilities, and (iii) other similar measures (hereinafter referred to collectively as “Extraordinary Measures”). Such Extraordinary Measures shall continue until the progress of the Work complies with the stage of completion required by the Contract Documents. The Owner’s right to require Extraordinary Measures is solely for the purpose of ensuring the Construction Manager’s compliance with the construction schedule. .1 The Construction Manager shall not be entitled to an adjustment in the Contract Sum in connection with Extraordinary Measures required by the Owner under or pursuant to this Subparagraph 3.10.5. .2 The Owner may exercise the rights furnished the Owner under or pursuant to this Subparagraph 3.10.5 as frequently as the Owner deems necessary to ensure that the Construction Manager’s performance of the Work will comply with any Milestone Date or completion date set forth in the Contract Documents. 52. Section 3.10 is also hereby amended by adding a new Section 3.10.6 to read as follows: § 3.10.6 If reasonably required by Owner, Construction Manager shall also prepare and furnish project cash flow projections, manning data for critical activities, and schedules for the purchase and delivery of all critical equipment and material, together with periodic updating thereof. Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 22 AIA Document A201-2007 53. Section 3.10 is also hereby amended by adding a new Section 3.10.7 to read as follows: § 3.10.7 The Construction Manager shall recommend to the Owner and to the Architect a schedule for procurement of long-lead time items which will constitute part of the Work as required to meet the project schedule. If such long-lead time items are procured by the Owner, they shall be procured on terms and conditions as recommended by the Construction Manager. Upon the Owner’s acceptance of the Construction Manager’s Stipulated Sum proposal, all contracts previously entered into by Owner shall be assigned by Owner to the Construction Manager who shall accept responsibility for such contracts as if it had initially entered into such contracts. Construction Manager shall expedite the delivery of long-lead time items. 54. Section 3.11 is hereby amended by numbering the paragraph immediately following the line “§ 3.11 DOCUMENTS AND SAMPLES AT THE SITE” as Section 3.11.1. 55. Section 3.11 is also hereby amended by adding a new Section 3.11.2 to read as follows: § 3.11.2 Construction Manager shall at all times maintain job records, including, but not limited to, invoices, payment records, payroll records, daily reports, logs, diaries, and job meeting minutes, applicable to the project at the site. Construction Manager shall make such reports and records available to inspection by the Owner, Architect, or their respective agents, within five (5) working days of request by Owner, Architect, or their respective agents. 56. Section 3.13 is hereby amended by numbering the paragraph immediately following the line “§ 3.13 USE OF SITE” as Section 3.13.1. 57. Section 3.13 is also hereby amended by adding a new Section 3.13.2 to read as follows: § 3.13.2 The Construction Manager will abide by all applicable rules and regulations of the Owner with respect to conduct, including smoking, parking of vehicles and entry into adjacent facilities owned by Owner. Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 23 AIA Document A201-2007 58. Section 3.15.1 is hereby amended by adding the following provisions to the end of Section 3.15.1 to read as follows: Construction Manager shall thoroughly wash and clean all glass and mirror surfaces, and shall leave the Work neat and clean. The Construction Manager shall, not less than two times each week, clean up after his operation, by removing rubbish, including old and surplus materials. 59. Section 3.15.2 is hereby amended by deleting Section 3.15.2 in its entirety and replacing it with a new Section 3.15.2 to read as follows: § 3.15.2 If the Construction Manager fails to clean up as required by the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Construction Manager. 60. Section 3.15 is hereby amended by adding a new Section 3.15.3 to read as follows: § 3.15.3 The Construction Manager shall be responsible for damaged or broken glass, and at completion of the Work, shall replace such damaged or broken glass. 61. Section 3.18.1 is hereby amended by deleting Section 3.18.1 in its entirety and replacing it with a new Section 3.18.1 to read as follows: § 3.18.1 TO THE FULLEST EXTENT ALLOWED BY LAW, CONSTRUCTION MANAGER DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE TOWN OF PROSPER (OWNER) AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, LOSSES, DAMAGES, SUITS, DEMANDS OR CAUSES OF ACTION INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEY FEES WHICH MAY ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGE TO, OR LOSS OF USE OF ANY PROPERTY OCCASIONED BY THE WRONGFUL INTENTIONAL ACT, ERROR, OMISSION, OR NEGLIGENT ACT OF CONSTRUCTION MANAGER, HIS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, SUB-SUBCONTRACTORS, INVITEES OR ANY OTHER PERSONS, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT, SUBJECT TO THE LIMITATIONS IN TEXAS LOCAL GOVERNMENT CODE § 271.904(A) AND TEXAS Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 24 AIA Document A201-2007 CIVIL PRACTICE & REMEDIES CODE, § 130.002(B), AND CONSTRUCTION MANAGER WILL AT HIS OR HER OWN COST AND EXPENSE DEFEND AND PROTECT TOWN OF PROSPER (OWNER) FROM ANY AND ALL SUCH CLAIMS AND DEMANDS. TO THE FULLEST EXTENT ALLOWED BY LAW, CONSTRUCTION MANAGER DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS TOWN OF PROSPER (OWNER) AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, SUITS, DEMANDS OR CAUSES OF ACTION, AND LIABILITY OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEYS FEES FOR INJURY OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGES TO, OR LOSS OF USE OF ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT. SUCH INDEMNITY SHALL APPLY WHETHER THE CLAIMS, LOSSES, DAMAGES, SUITS, DEMANDS OR CAUSES OF ACTION ARISE IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE TOWN OF PROSPER (OWNER), ITS OFFICERS, OFFICIALS, AGENTS OR EMPLOYEES. IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY CONSTRUCTION MANAGER TO INDEMNIFY AND PROTECT TOWN OF PROSPER (OWNER) FROM THE CONSEQUENCES OF TOWN OF PROSPER’S (OWNER’S) OWN NEGLIGENCE, SUBJECT TO THE LIMITATIONS, IF SAME ARE APPLICABLE TO THIS CONTRACT, CONTAINED IN TEXAS LOCAL GOVERNMENT CODE § 271.904(A) AND TEXAS CIVIL PRACTICE & REMEDIES CODE § 130.002(B), WHETHER THAT NEGLIGENCE IS A SOLE OR CONCURRING CAUSE OF THE INJURY, DEATH OR DAMAGE. 62. Section 3.18.2 is hereby amended by deleting Section 3.18.2 in its entirety and replacing it with a new Section 3.18.2 to read as follows: § 3.18.2 IN ANY AND ALL CLAIMS AGAINST ANY PARTY INDEMNIFIED UNDER THIS SECTION 3.18 BY ANY EMPLOYEE OF THE CONSTRUCTION MANAGER, ANY SUBCONTRACTOR, ANY SUB-SUBCONTRACTOR, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, THE INDEMNIFICATION OBLIGATION HEREIN PROVIDED SHALL NOT BE LIMITED IN ANY WAY BY ANY LIMITATION ON THE Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 25 AIA Document A201-2007 AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR BENEFITS PAYABLE BY OR FOR THE CONSTRUCTION MANAGER, ANY SUBCONTRACTOR OR SUB- SUBCONTRACTOR UNDER WORKMEN’S COMPENSATION OR ANY OTHER DISABILITY BENEFITS ACT OR EMPLOYEE BENEFIT ACTS. 63. Section 3.18 is hereby further amended by adding a new Section 3.18.3 to read as follows: § 3.18.3 CONSTRUCTION MANAGER SHALL BE RESPONSIBLE FOR AND SHALL HOLD OWNER FREE AND HARMLESS FROM LIABILITY RESULTING FROM LOSS OF OR DAMAGE TO CONSTRUCTION MANAGER’S OR ITS SUBCONTRACTOR’S OR ITS SUB- SUBCONTRACTOR’S CONSTRUCTION TOOLS AND EQUIPMENT AND RENTED ITEMS WHICH ARE USED OR INTENDED FOR USE IN PERFORMING THE WORK REGARDLESS OF WHETHER SUCH LOSS OR DAMAGE IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF OWNER, OWNER’S CONSULTANTS, ARCHITECT OR ARCHITECT’S CONSULTANTS. THIS PROVISION SHALL APPLY, WITHOUT LIMITATION, TO LOSS OR DAMAGE OCCURRING AT THE WORK SITE OR WHILE SUCH ITEMS ARE IN TRANSIT TO OR FROM THE WORK SITE AND IS IN ADDITION TO CONSTRUCTION MANAGER’S OBLIGATIONS UNDER PARAGRAPH 3.18.1 IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH CONSTRUCTION MANAGER AND OWNER, THAT THE INDEMNITY IS PROVIDED FOR IN THIS PARAGRAPH AS TO CONSTRUCTION MANAGER’S OR ITS SUBCONTRACTOR’S TOOLS AND EQUIPMENT AND RENTAL ITEMS, IS AN INDEMNITY BY CONSTRUCTION MANAGER TO INDEMNIFY AND PROTECT OWNER FROM THE CONSEQUENCES OF OWNER’S OWN NEGLIGENCE, AND THAT OF OWNER’S CONSULTANTS, THE ARCHITECT AND ARCHITECT’S CONSULTANTS, SUBJECT TO THE LIMITATIONS, IF SAME ARE APPLICABLE TO THIS CONTRACT, CONTAINED IN TEXAS LOCAL GOVERNMENT CODE § 271.904(A) AND TEXAS CIVIL PRACTICE & REMEDIES CODE, § 130.002(B), WHETHER THAT NEGLIGENCE IS THE SOLE OR CONCURRING CAUSE OF THE LOSS OR DAMAGE. PROVIDED, THAT WHERE THE NEGLIGENCE OF OWNER OR ARCHITECT IS A CONCURRING CAUSE, Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 26 AIA Document A201-2007 CONSTRUCTION MANAGER’S OBLIGATION TO INDEMNIFY IS LIMITED TO THE AMOUNT NECESSARY TO CAUSE THE RELATIVE LIABILITY OF OWNER, ARCHITECT AND CONSTRUCTION MANAGER TO REFLECT THE COMPARATIVE NEGLIGENCE FINDINGS OF TRIER OF FACT (JUDGE OR JURY) OR AS AGREED IN A SETTLEMENT AGREEMENT TO WHICH OWNER, ARCHITECT AND CONSTRUCTION MANAGER ARE ALL PARTIES. 64. Section 3.18 is also hereby amended by adding a new Section 3.18.4 to read as follows: § 3.18.4 INDEMNIFICATION HEREUNDER SHALL INCLUDE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LIABILITY WHICH COULD ARISE TO THE OWNER, ITS AGENTS, CONSULTANTS, AND REPRESENTATIVES PURSUANT TO STATE STATUTES FOR THE SAFETY OF WORKMEN AND IN ADDITION, ALL FEDERAL STATUTES AND RULES EXISTING THEREUNDER FOR PROTECTION, OCCUPATIONAL SAFETY AND HEALTH TO WORKMEN. IT BEING AGREED THAT THE PRIMARY OBLIGATION OF THE CONSTRUCTION MANAGER IS TO COMPLY WITH SAID STATUTES IN PERFORMANCE OF THE WORK BY CONSTRUCTION MANAGER AND THAT THE OBLIGATIONS OF THE OWNER, ITS AGENTS, CONSULTANTS, AND REPRESENTATIVES UNDER SAID STATUTES ARE SECONDARY TO THAT OF THE CONSTRUCTION MANAGER. 65. Section 3.19 is hereby created by adopting and adding the following Section 3.19 to read as follows: § 3.19 BUSINESS STANDARDS. Construction Manager, in performing its obligations under this Contract, shall establish and maintain appropriate business standards, procedures, and controls, including those necessary to avoid any real or apparent impropriety or adverse impact on the interest of Owner or affiliates. Construction Manager shall review, with Owner, at a reasonable frequency during the performance of the Work hereunder, such business standards and procedures including, without limitation, those related to the activities of Construction Manager’s employees and agents in their Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 27 AIA Document A201-2007 relations with Owner’s employees, agents, and representatives, vendors, subcontractors, and other third parties, and those relating to the placement and administration of purchase orders and subcontracts. 66. Section 4.1.3 is hereby amended by deleting Section 4.1.3 in its entirety and replacing it with a new Section 4.1.3 to read as follows: § 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a replacement Architect who shall assume the status of “Architect” under the Contract Documents. 67. Section 4.2.6 is hereby amended by changing all references to the term “Architect” throughout Section 4.2.6 from “Architect” to “Architect or Owner.” 68. Section 4.2.7 is hereby amended by deleting the phrase “, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents” from the first sentence of Section 4.2.7. 69. Section 4.2.9 is hereby amended by deleting Section 4.2.9 in its entirety and replacing it with a new Section 4.2.9 to read as follows: § 4.2.9 The Architect and the Owner will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion. The Architect will receive 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 Construction Manager, and will issue a final Certificate for Payment upon full compliance with the requirements of the Contract Documents. 70. Section 4.2.11 is hereby amended by deleting the first sentence of Section 4.2.11 in its entirety and replacing it with a new sentence to read as follows: Upon written request of the Owner or Construction Manager the Architect will issue its interpretation regarding performance under and the requirements of the Contract Documents. 71. Section 4.2.12 is hereby amended by deleting the second sentence of Section 4.2.12 in its entirety. Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 28 AIA Document A201-2007 72. Section 4.2.13 is hereby amended by deleting Section 4.2.13 in its entirety and replacing it with a new Section 4.2.13 to read as follows: § 4.2.13 The Architect’s decision on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents and not expressly overruled in writing by the Owner. 73. Section 5.2.1 is hereby amended by deleting the last sentence of Section 5.2.1 and replacing it with the following provision to read as follows: Failure of the Architect to reply within the 14-day period shall constitute notice that the Architect and Owner have no known objection to the proposed persons and entities. Failure to reply or affirmative consent by the Architect to the proposed persons and entities shall not be deemed to waive or otherwise deprive the Owner and Architect of the right to thereafter complain to the Construction Manager regarding or otherwise object to the continued performance of the persons and entities on the Work if a reasonable objection to the persons and entities arises during the course of the Work. 74. Section 5.4.1 is hereby amended by deleting the phrase “for cause pursuant to Section 14.2” from Subsection 5.4.1.1. 75. Section 5.4.2 is hereby amended by deleting Section 5.4.2 in its entirety and replacing it with a new Section 5.4.2 to read as follows: § 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor’s compensation may be equitably adjusted for increases in cost resulting from the suspension. 76. Section 6.1.1 is hereby amended by replacing the phrase “including those portions related to insurance and waiver of subrogation” with the phrase “Contract Documents” in the first sentence of Section 6.1.1. 77. Section 6.1.4 is hereby deleted in its entirety. 78. Section 7.2 is hereby amended by adding a new Section 7.2.2 to read as follows: § 7.2.2 Acceptance of a Change Order by the Construction Manager shall constitute full accord and satisfaction for any and all claims, whether direct or indirect, including but not limited to impact, delay or acceleration Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 29 AIA Document A201-2007 damages, arising from the subject matter of the Change Order. 79. Section 7.3.8 is hereby amended by deleting the first sentence of Section 7.3.8 and replacing it with the following provision to read as follows: The amount of credit to be allowed by the Construction Manager to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost plus the Construction Manager’s allocated percent for profit and overhead as confirmed by the Architect, subject to equitable adjustment recommended by the Architect and approved by the Owner. 80. Section 8.1.3 is hereby amended by deleting the phrase “Architect” and replacing it with the phrase “Architect and Owner.” 81. Section 8.3.1 is hereby amended by deleting Section 8.3.1 in its entirety and replacing it with a new Section 8.3.1 to read as follows: § 8.3.1 The Owner, except as provided for in this Section 8.3.1, shall not be liable to the Construction Manager for delay to the Construction Manager’s work by the act, neglect or default of the Owner or the Architect, or by reason of fire, act of God, riot, strike, action of workmen or others, or any cause beyond the Owner’s control. Should the Owner or Architect delay the Construction Manager in the work, Construction Manager shall receive an extension of time for completion equal to the delay if a written claim is made within forty-eight (48) hours of the beginning of such delay, and under no circumstances shall the Owner be liable to pay the Construction Manager any compensation for such Owner-caused delays. 82. Section 8.3.3 is hereby amended by deleting Section 8.3.3 in its entirety and replacing it with a new Section 8.3.3 to read as follows: § 8.3.3 This Agreement does not permit the recovery of damages by the Construction Manager for delay, disruption or acceleration. Construction Manager agrees that Construction Manager shall be fully compensated for all delays solely by an extension of time. 83. Section 9.3.2 is hereby amended by deleting the phrase “and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site” from the last sentence of Section 9.3.2. Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 30 AIA Document A201-2007 84. Section 9.3.2 is hereby further amended by adding the following sentence to the end of Section 9.3.2 to read as follows: The Construction Manager shall be solely responsible for payment of all costs of applicable insurance, storage and transportation to the site for materials and equipment stored off the site. 85. Section 9.3.3 is hereby amended by adding the following sentence to the end of Section 9.3.3 to read as follows: CONSTRUCTION MANAGER SHALL INDEMNIFY AND HOLD OWNER HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTEREST OR ENCUMBRANCES FILED BY THE CONSTRUCTION MANAGER, SUBCONTRACTORS, OR ANYONE CLAIMING BY, THROUGH OR UNDER THE CONSTRUCTION MANAGER OR SUBCONTRACTOR FOR ITEMS COVERED BY PAYMENTS MADE BY THE OWNER TO CONSTRUCTION MANAGER. 86. Section 9.3 is hereby amended by adding a new Section 9.3.4 to read as follows: § 9.3.4 In each Request for Payment, Construction Manager shall certify that there are no known mechanics’ or materialmens’ liens outstanding at the date of the requisition, that all due and payable bills with respect to the Work have been paid to date or are included in the amount requested in the current application and that except for such bills not paid but so included, there is no known basis for the filing of any mechanics’ or materialmens’ liens on the Work, and that releases from all subcontractors and materialmen have been obtained in such form as to constitute an effective release of lien under the laws of the State of Texas covering all Work theretofore performed and for which payment has been made by Owner to Construction Manager. 87. Section 9.5.2 is hereby amended by adding the following sentence to the end of Section 9.5.2 to read as follows: The Owner shall not be deemed in default by reason of withholding payment as provided for herein and in Section 9.5.1. Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 31 AIA Document A201-2007 88. Section 9.6.2 is hereby amended by deleting Section 9.6.2 in its entirety and replacing it with a new Section 9.6.2 to read as follows: § 9.6.2 The Construction Manager shall, within ten (10) days following receipt of payment from the Owner, pay all bills for labor and materials performed and furnished by others in connection with the construction, furnished and equipping of the improvements and the performance of the Work, and shall, if requested, provide the Owner with evidence of such payment. Construction Manager’s failure to make payments within such time shall constitute a material breach of this Contract. Construction Manager shall include a provision in each of its subcontracts imposing the same payment obligations on its Subcontractors as are applicable to the Construction Manager hereunder, and if the Owner so requests, shall provide copies of such subcontractor payments to the Owner. If the Construction Manager has failed to make payment promptly to the Construction Manager’s Subcontractors or for materials or labor used in the Work for which the Owner has made payment to the Construction Manager, the Owner shall be entitled to withhold payment to the Construction Manager in part or in whole to the extent necessary to protect the Owner. 89. Section 9.6.7 is hereby amended by deleting Section 9.6.7 in its entirety and replacing it with a new Section 9.6.7 to read as follows: § 9.6.7 The Construction Manager shall, as a condition precedent to any obligation of the Owner under this agreement, provide to the Owner payment and performance bonds in a form approved by the Town Attorney in the full penal amount of the Contract in accordance with Texas Government Code Chapter 2253. 90. Section 9.7.1 is hereby amended by deleting the phrase “or awarded by binding dispute resolution” from Section 9.7.1. 91. Section 9.8.1 is hereby amended by adding the following provision to the end of Section 9.8.1 to read as follows: In the event substantial completion is not achieved by the designated dated, or as it may be extended, Owner may withhold payment of any further sums due until substantial completion is achieved. Owner shall also be entitled to deduct out of any sums due to Construction Manager any or Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 32 AIA Document A201-2007 all liquidated damages due Owner in accordance with the Contract Documents. 92. Section 9.8.3 is hereby amended by changing all references to the term “Architect” throughout Section 9.8.3 from “Architect” to “Architect or Owner.” 93. Section 9.8.4 is hereby amended by changing all references to the term “Architect” throughout Section 9.8.4 from “Architect” to “Architect or Owner.” 94. Section 9.8.5 is hereby amended by deleting the second sentence of Section 9.8.5 in its entirety. 95. Section 9.8 is hereby amended by adding a new Section 9.8.6 to read as follows: § 9.8.6 Retainage is not due to the Construction Manager until 30 days after final completion of the Work as set out in Section 9.10. After the Certificate of Substantial Completion is accepted by the Owner, the Owner may, in its sole discretion and upon acceptance and consent of surety, make payment of retainage on all or a part of the Work accepted. 96. Section 9.9.3 is hereby amended by deleting Section 9.9.3 in its entirety and replacing it with a new Section 9.9.3 to read as follows: § 9.9.3 Unless expressly agreed upon in writing, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 97. Section 9.10.1 is hereby amended by deleting Section 9.10.1 in its entirety and replacing it with a new Section 9.10.1 to read as follows: § 9.10.1 When all of the Work is finally completed and the Construction Manager is ready for a final inspection it shall notify the Owner and the Architect thereof in writing. Thereupon, the Architect and Owner will make final inspection of the Work and, if the Work is complete in full accordance with this Contract and this Contract has been fully performed, the Architect will promptly issue a final Certificate for Payment certifying to the Owner that the Project is complete and the Construction Manager is entitled to the remainder of the unpaid Contract Price, less any amount withheld pursuant to this Contract. If the Architect is unable to issue its final Certificate for Payment and is required to repeat its final inspection of the Work, the Construction Manager shall bear the cost of such repeat final Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 33 AIA Document A201-2007 inspection(s) which cost may be deducted by the Owner from the Construction Manager’s final payment. 98. Section 9.10.2 is hereby amended by deleting Section 9.10.2 in its entirety and replacing it with a new Section 9.10.2 to read as follows: § 9.10.2 The Construction Manager shall not be entitled to final payment unless and until it submits to the Architect its affidavit that the payrolls, invoices for materials and equipment, and other liabilities connected with the Work for which the Owner, or the Owner’s property, might be responsible have been fully paid or otherwise satisfied; releases and waivers of liens from all Subcontractors of the Construction Manager and of any and all other parties required by the Architect or the Owner; such other provisions as Owner may request; and consent of Surety to final payment. If any third party fails or refuses to provide a release of claims or waiver of lien as required by Owner, the Construction Manager shall furnish a bond satisfactory to the Owner to discharge any such lien or indemnify the Owner from liability. 99. Section 9.10.4 is hereby amended by deleting Section 9.10.4 in its entirety and replacing it with a new Section 9.10.4 to read as follows: § 9.10.4 The Owner shall make final payment of all sums due the Construction Manager not more than thirty (30) days after the Architect’s execution of a final Certificate for Payment. 100. Section 9.11 is hereby created by adopting and adding the following Section 9.11 to read as follows: § 9.11 AUDIT. Construction Manager agrees to maintain adequate books, payrolls and records satisfactory to the Owner in connection with any and all Work performed hereunder. Construction Manager agrees to retain all such books, payrolls and records (including data stored in computers) for a period of not less than three (3) years after completion of the Work. At all reasonable times during the performance of the Work, Owner and its duly authorized representatives shall have access to all personnel of Construction Manager and all such books, payrolls and records, and shall have the right to audit same. After completion of the Work, Owner shall Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 34 AIA Document A201-2007 continue to have the right to audit all such books, payrolls and records upon providing Construction Manager at least three (3) days written notice of Owner’s intent to perform such an audit. 101. Section 9.12 is hereby created by adopting and adding the following Section 9.12 to read as follows: § 9.12 In addition to any liquidated damages payable to the Owner by the Construction Manager, if: (a) the Architect is required to make more than one (1) inspection for Substantial Completion; (b) the Architect is required to make more than one (1) inspection for Final Completion; or (c) the Work is not substantially complete within sixty (60) days after the date established for Substantial Completion in the Contract Documents; the Owner shall be entitled to deduct from the Contract Sum amounts paid to the Architect for any additional inspections or services. 102. Section 10.1 is hereby amended by numbering the paragraph immediately following the line “§ 10.1 SAFETY PRECAUTIONS AND PROGRAMS” as Section 10.1.1. 103. Section 10.1 is also hereby amended by adding a new Section 10.1.2 to read as follows: § 10.1.2 Construction Manager’s employees, agents, and subcontractors shall not perform any service for Owner while under the influence of alcohol or any controlled substance. Construction Manager, its employees, agents, Subcontractors and Sub-subcontractors, and their respective employees and agents shall not use, possess, distribute, or sell illicit or unprescribed controlled drugs or drug paraphernalia, or misuse legitimate prescription drugs while performing the Work. Construction Manager, its employees, agents, Subcontractors and Sub-subcontractors, and their respective employees and agents shall not use, possess, distribute, or sell alcoholic beverages while performing the Work. Construction Manager has adopted or will adopt its own policy to assure a drug and alcohol free work place while performing the Work. Construction Manager will remove any of its employees from performing the Work any time there is suspicion of alcohol Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 35 AIA Document A201-2007 and/or drug use, possession, or impairment involving such employee, and at any time an incident occurs where drug or alcohol use could have been a contributing factor. Owner has the right to require Construction Manager to remove employees from performing the Work any time cause exists to suspect alcohol or drug use. In such cases, Construction Manager’s employees may only be considered for return to work after the Construction Manager certifies as a result of a for-cause test, conducted immediately following removal, that said employee was in compliance with this Contract. Construction Manager will not use an employee to perform the Work who either refuses to take, or tests positive in, any alcohol or drug test. Construction Manager will comply with all applicable federal, state, and local drug and alcohol related laws and regulations (e.g., Department of Transportation regulations, Department of Defense Drug-free Work-free Workforce Policy, Drug-Free Workplace Act of 1988). Owner has also banned the presence of all weapons on the Project site, whether the owner thereof has a permit for a concealed weapon or not. 104. Section 10.2.5 is hereby amended by deleting Section 10.2.5 in its entirety and replacing it with a new Section 10.2.5 to read as follows: § 10.2.5 CONSTRUCTION MANAGER SHALL BE RESPONSIBLE FOR AND SHALL INDEMNIFY AND HOLD OWNER HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY RESULTING FROM LOSS OF OR DAMAGE TO ANY PROPERTY THAT IS ON OR OFF THE SITE AND/OR IN TRANSIT AS REFERRED TO IN SECTION 10.2.1.2 EVEN IF SUCH LOSS OR DAMAGE RESULTS FROM OWNER’S OR OWNER’S OFFICERS’, CONSULTANT’S, AGENT’S OR EMPLOYEES’ NEGLIGENCE. AS TO PROPERTY REFERRED TO IN SECTION 10.2.1.3, CONSTRUCTION MANAGER SHALL INDEMNIFY AND HOLD OWNER HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY RESULTING FROM LOSS OF OR DAMAGE CAUSED IN WHOLE OR IN PART BY THE CONSTRUCTION MANAGER, ANY SUBCONTRACTOR OR SUB-SUBCONTRACTOR, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, REGARDLESS OF WHETHER OR NOT SUCH DAMAGE IS CAUSED IN WHOLE OR IN Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 36 AIA Document A201-2007 PART BY THE NEGLIGENT ACTS OR OMISSIONS OF THE OWNER, OR OWNER’S OFFICERS’, CONSULTANT’S, AGENT’S OR EMPLOYEES’. THE FOREGOING OBLIGATIONS OF THE CONSTRUCTION MANAGER ARE IN ADDITION TO HIS OBLIGATIONS UNDER SECTION 3.18 OF THIS AGREEMENT SUBJECT TO THE LIMITATIONS, IF SAME ARE APPLICABLE TO THIS CONTRACT, CONTAINED IN TEXAS LOCAL GOVERNMENT CODE § 271.904(A) AND TEXAS CIVIL PRACTICE & REMEDIES CODE, § 130.002(B). 105. Section 10.3.2 is hereby amended by deleting Section 10.3.2 in its entirety and replacing it with a new Section 10.3.2 to read as follows: § 10.3.2 Upon receipt of the Construction Manager’s written notice, the Owner shall obtain the services of a licensed laboratory, sanitarian or other professional to verify the presence or absence of the suspected hazardous material or substance reported by the Construction Manager. In the event a hazardous material or substance is found to be present the Owner may (1) terminate the Work without any penalty or liability to Construction Manager or (2) suspend the Work for such time period as may be required to retain and contract with one or more third-party consultants and Construction Managers to develop a plan to and perform all work necessary to contain, encase, remove or remediate the hazardous material or substance as may be appropriate and recommended by a licensed laboratory, sanitarian or other professional in conformity with state and federal law. When the hazardous material or substance has been contained, encased, removed or remediated in conformity with state and federal law, Work in the suspect area shall resume upon written agreement of the Owner and Construction Manager. By Change Order, the Contract Time shall be extended appropriately. The Contract Sum may be adjusted upon agreement of the parties to address Construction Manager’s actual costs of shut-down and start- up provided that the Work is stopped or abated for more than twenty-one (21) days. 106. Section 10.3.3 is hereby deleted in its entirety. Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 37 AIA Document A201-2007 107. Section 10.3.4 is hereby amended by deleting Section 10.3.4 in its entirety and replacing it with a new Section 10.3.4 to read as follows: § 10.3.4 The Owner shall not be liable under this Section 10.3 for potentially hazardous or hazardous materials or substances the Construction Manager brings to the site. The Owner shall not be liable for the Construction Manager’s storage, use or handling of potentially hazardous or hazardous materials or substances. 108. Section 10.3.5 is hereby amended by deleting Section 10.3.5 in its entirety and replacing it with a new Section 10.3.5 to read as follows: § 10.3.5 THE CONSTRUCTION MANAGER SHALL INDEMNIFY THE OWNER FOR THE COST AND EXPENSE THE OWNER INCURS (1) FOR REMEDIATION OF A HAZARDOUS MATERIAL OR SUBSTANCE THE CONSTRUCTION MANAGER BRINGS TO THE SITE AND WRONGFULLY OR NEGLIGENTLY STORES, USES OR HANDLES, (2) FOR REMEDIATION OF A HAZARDOUS MATERIAL OR SUBSTANCE THE CONSTRUCTION MANAGER WRONGFULLY OR NEGLIGENTLY RELEASES INTO THE ENVIRONMENT, (3) WHERE THE CONSTRUCTION MANAGER FAILS TO PERFORM ITS OBLIGATIONS UNDER SECTION 10.3.1, (4) FOR THE COST OF ANY CITATIONS, COURT COASTS, ATTORNEY’S FEES AND EXPERT WITNESS FEES ARISING OUT OF ANY CLAIMS OR LITIGATION INVOLVING ANY SUCH HAZARDOUS MATERIAL OR SUBSTANCE, AND (5) FOR ANY CONTINUING COSTS ASSOCIATED WITH MONITORING AND REPORTING REQUIRED BY THE ENVIRONMENTAL POLLUTION AGENCY, TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND/OR THE TEXAS STATE DEPARTMENT OF HEALTH. 109. Section 10.3.6 is hereby amended by deleting the phrase, “the Owner shall indemnify the Construction Manager for all cost and expense thereby incurred” from Section 10.3.6. 110. Section 10.6.1 is hereby amended by deleting the second sentence of Section 10.6.1. Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 38 AIA Document A201-2007 111. Section 11.1.1 is hereby amended by deleting Section 11.1.1 in its entirety and replacing it with a new Section 11.1.1 to read as follows: § 11.1.1 Before commencing work, the Construction Manager shall, at its own expense, procure, pay for and maintain the following insurance coverage written by companies approved by the State of Texas and acceptable to the Town of Prosper. In the event of a conflict between the insurance requirements contained in this Article 11 and any other provision contained in the Contract Documents or the applicable request for bids or sealed proposals the more stringent requirements and higher policy limits shall control. .1 Commercial General Liability insurance utilizing ISO Form Number GL 00 01 (or similar form) covering Commercial General Liability. “Occurrence” form only, “claims made” forms are unacceptable. The policy shall include, coverage for Premises/Operations, Broad Form Contractual Liability, Personal & Advertising Injury, Products/Completed Operations, Broad Form Property Damage, Independent Contractors and Contractual Liability, and Explosion Collapse and Underground (XCU) Coverage with minimum combined single limits of $1,000,000 per- occurrence, $2,000,000 Products/Completed Operations Aggregate and $2,000,000 general aggregate. Coverage must be written on an occurrence form. The General Aggregate shall apply on a per project basis. .2 Workers’ Compensation insurance as required by the Labor Code of the State of Texas, including Employers’ Liability coverage with minimum limits for bodily injury: a) by accident, $100,000 each accident with $300,000 per occurrence, b) by disease, $100,000 per employee with a per policy aggregate of $500,000. .3 Automobile Liability insurance as required by the State of Texas, covering all owned, hired and non- owned vehicles, with a minimum Combined Single Limit of $1,000,000 per occurrence. Limits can only be reduced if approved in writing in advance of any such reduction by the Town. Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 39 AIA Document A201-2007 .4 Umbrella or Excess Liability insurance with minimum limits of $1,000,000 each occurrence and annual aggregate for bodily injury and property damage, that follows form and applies in excess of the above indicated primary coverage in subparagraphs .1, .2 and .3, above. The total limits required may be satisfied by any combination of primary, excess or umbrella liability insurance provided all policies comply with all requirements. The Construction Manager may maintain reasonable deductibles, subject to approval by the Owner. Any deductible or self-insured retention(s) in excess of $10,000 must be declared to and approved by the Town. .5 Builder’s Risk Insurance is required. It shall provide All-Risk coverage including, but not limited to, Fire, Extended Coverage, Vandalism and Malicious Mischief, Flood (if located in a flood zone) and Theft in an amount equal to one hundred percent (100%) of the completed value of the project in question. Additionally, this coverage shall provide protection to the full replacement value for boiler and machinery equipment up to installation, during testing, and until acceptance by Owner. The policy shall be written on a Completed Value Form, including materials delivered and labor performed for the Project. The policy shall be written jointly in the names of the Owner, Construction Manager, Subcontractors and Sub-subcontractors as their interests may appear. The policy shall have endorsements as follows: .1 This insurance shall be specific as to coverage and not contributing insurance with any permanent insurance maintained on the property. .2 Loss, if any, shall be adjusted with and made payable to the Owner on behalf of all insureds as their interests may appear. 112. Section 11.1.2 is hereby amended by deleting Section 11.1.2 in its entirety and replacing it with a new Section 11.1.2 to read as follows: § 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than the limits of liability specified in the Contract Documents or as required by law, whichever coverage is greater. All such insurance shall be purchased Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 40 AIA Document A201-2007 from an insurance company that meets a financial rating of A- VI, or better as assigned by the A.M. BEST Company or equivalent. In the event that any of the coverages contained in Section 11.1.1 conflict with the insurance provisions contained in any other of the Contract Documents the more stringent of such provisions with respect to each type of required coverage shall control. All coverages required for this work shall be written on an occurrence basis and NOT a claims-made basis. Coverages required by this Section 11.1 shall be maintained without interruption from the date of commencement of the Work through the date of final payment and termination of any coverage required to be maintained after final payment, and, with respect to the Construction Manager’s completed operations coverage until the expiration of the period for correction of Work or for such other period for maintenance of completed operations coverage as specified in the Contract Documents. The policy or policies so issued in the name of Construction Manager shall also name Subcontractors, Sub- subcontractors and the Owner as additional insureds, as their respective interests may appear. The insurance coverage provided under this Section 11.1 shall be primary coverage. If the coverages provided under this Section 11.1 are written with stipulated amounts deductible under the terms of the policy, the Construction Manager shall pay the difference attributable to deductions in any payment made by the insurance carrier on claims paid by and through such coverages. If the Owner is damaged by the failure of the Construction Manager to maintain such insurance and to so notify the Owner then the Construction Manager shall bear all reasonable costs properly attributable thereto. Nothing contained herein shall limit or waive Construction Manager’s legal or contractual responsibilities to Owner or others. 113. Section 11.1.3 is hereby amended by adding the following provision to the end of Section 11.1.3 to read as follows: The Construction Manager shall furnish such certificates of insurance, executed by the insurer or its authorized agent, to the Town of Prosper Purchasing Manager. The certificates of insurance shall state the type of coverages, limits of each such coverage, expiration dates and compliance with all Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 41 AIA Document A201-2007 applicable required provisions. Certificates shall reference the project/contract number and be addressed as follows: <Project Name and Project Number> Town of Prosper Attn: Purchasing Agent PO Box 307 Prosper, Texas 75078 Construction Manager shall permit Owner to examine the insurance policies, or at Owner’s option, Construction Manager shall furnish Owner with copies, certified by the carrier(s), of insurance policies required in Section 11.1. Failure to provide or maintain any of the coverages required by Section 11.1 shall be deemed a material breach of the Agreement and shall result in termination unless immediately cured by Construction Manager. 114. Section 11.1.4 is hereby amended by deleting Section 11.1.4 in its entirety and replacing it with a new Section 11.1.4 to read as follows: § 11.1.4 With reference to the foregoing required insurance, the Construction Manager shall also endorse applicable insurance policies as follows: .1 A waiver of subrogation shall be provided in favor of Town of Prosper, its officials, employees, boards, commissioners, volunteers, and officers for any and all losses arising from work performed by the Construction Manager for the Town shall be contained in the Workers’ Compensation insurance policy. .2 The Town of Prosper, its officers, officials, employees, boards and commissions and volunteers are to be added as “Additional Insured’s” relative to liability arising out of activities performed by or on behalf of the contractor, products and completed operations of the contractor, premises owned, occupied or used by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Town, its officers, officials, employees or volunteers. .3 The contractor’s insurance coverage shall be primary insurance in respects to the Town, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the Town, its officers, officials, Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 42 AIA Document A201-2007 employees or volunteers shall be in excess of the contractor’s insurance and shall not contribute with it. .4 Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town, its officers, officials, employees, boards and commissions or volunteers. .5 The contractor’s insurance shall apply separately to each insured against whom the claim is made or suit is brought, except to the limits of the insured’s limits of liability. .6 Each insurance policy required hereunder shall be endorsed to state that coverage shall not be suspended, voided, canceled or non-renewed by either party, reduced in coverage or in limits except after 30 days written notice to the Town for all occurrences, except 10 days written notice to the Town for non-payment. 115. Section 11.1 is hereby amended by adding a new Section 11.1.5 to read as follows: § 11.1.5 Construction Manager and its subcontractors shall not commence the shipment of equipment or materials or commence the Work at the site until all of the insurance coverage required of Construction Manager and its Subcontractors and Sub-subcontractors are in force and the necessary certificates and statements required by Section 11.1 have been received by Owner and the Architect has issued a written notice to proceed. 116. Section 11.1 is hereby further amended by adding a new Section 11.1.6 to read as follows: § 11.1.6. With respect to Workers’ Compensation insurance, the Construction Manager agrees to comply with all applicable provisions of 28 Tex. Admin Code § 110.110, “Reporting Requirements for Building or Construction Projects for Governmental Entities,” as such provision may be amended, and as follows: Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 43 AIA Document A201-2007 Workers’ Compensation Insurance Coverage 1. Definitions: Certificate of coverage (“certificate”)- A copy of a certificate of insurance, a certificate of authority to self- insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC- 84), showing statutory workers’ compensation insurance coverage for the person’s or entity’s employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Construction Manager’s/person’s work on the project has been completed and accepted by the governmental entity. Persons providing services on the project (“subcontractor” in § 406.096) - includes all persons or entities performing all or part of the services the Construction Manager has undertaken to perform on the project, regardless of whether that person contracted directly with the Construction Manager and regardless of whether that person has employees. This includes, without limitation, independent Construction Managers, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. “Services” include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. “Services” does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Construction Manager shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Construction Manager providing services on the project, for the duration of the project. Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 44 AIA Document A201-2007 3. The Construction Manager must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Construction Manager’s current certificate of coverage ends during the duration of the project, the Construction Manager must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Construction Manager shall obtain from each person providing services on a project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Construction Manager, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6. The Construction Manager shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Construction Manager shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Construction Manager knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Construction Manager shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers’ Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 45 AIA Document A201-2007 9. The Construction Manager shall contractually require each person with whom it contracts to provide services on a project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Construction Manager, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Construction Manager, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Construction Manager: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 46 AIA Document A201-2007 (7), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Construction Manager is representing to the governmental entity that all employees of the Construction Manager who will provide services on the project will be covered by workers’ compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission’s Division of Self-Insurance Regulation. Providing false or misleading information may subject the Construction Manager to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Construction Manager’s failure to comply with any of these provisions is a breach of contract by the Construction Manager which entitles the governmental entity to declare the contract void if the Construction Manager does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. 117. Section 11.2, including all subsections thereto, is hereby deleted in its entirety. 118. Section 11.3, including Sections 11.3.1 through 11.3.10 thereof, is hereby deleted in its entirety. 119. Section 11.4.1 is hereby amended by deleting Section 11.4.1 in its entirety and replacing it with a new Section 11.4.1 to read as follows: § 11.4.1 The Construction Manager shall procure and pay for performance and payment bonds applicable to the work in an amount equal to one hundred percent (100%) of the Estimated Project Construction Budget. If and when the Owner and Construction Manager agree on a Guaranteed Maximum Price, the Construction Manager may obtain substitute Payment and Performance Bonds, each in the amount of one hundred percent (100%) of the Guaranteed Maximum Price, within 5 days after the Amendment to the Contract is signed that establishes the Guaranteed Maximum Price. The Construction Manager shall also Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 47 AIA Document A201-2007 procure and pay for a maintenance bond applicable to the work in the amount of one hundred percent (100%) of the Guaranteed Maximum Price. The period of the Maintenance Bond shall be two years from the date of acceptance of all work done under the contract, to cover the guarantee as set forth in the Special Conditions. The performance, payment and maintenance bonds shall be issued in the form attached to this Addendum as Exhibits A, B and C. Other performance, payment and maintenance bond forms shall not be accepted. Among other things, these bonds shall apply to any work performed during the two-year warranty period after acceptance as described in the Contract Documents. 120. Section 11.4.2 is hereby amended by deleting Section 11.4.2 in its entirety and replacing it with a new Section 11.4.2 to read as follows: § 11.4.2 The performance, payment and maintenance bonds shall be issued by a corporate surety, acceptable to and approved by the Owner, authorized to do business in the State of Texas, pursuant to Chapter 2253 of the Texas Government Code. Further, the Construction Manager shall supply capital and surplus information concerning the surety and reinsurance information concerning the performance, payment and maintenance bonds and proof to establish adequate financial capacity for this Project upon Owner’s request. In addition to the foregoing requirements, if the amount of the bond exceeds One Hundred Thousand Dollars ($100,000) the bond must be issued by a surety that is qualified as a surety on obligations permitted or required under federal law as indicated by publication of the surety’s name in the current U.S. Treasury Department Circular 570. In the alternative, an otherwise acceptable surety company (not qualified on federal obligations) that is authorized and admitted to write surety bonds in Texas must obtain reinsurance on any amounts in excess of One Hundred Thousand Dollars ($100,000) from a reinsurer that is authorized and admitted as a reinsurer in Texas who also qualifies as a surety or reinsurer on federal obligations as indicated by publication of the surety’s or reinsurer’s name in the current U.S. Treasury Department Circular 570. Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 48 AIA Document A201-2007 121. Section 11.4 is hereby amended by adding a new Section 11.4.3 to read as follows: § 11.4.3 Should the bond amount be in excess of ten percent (10%) of the surety company’s capital and surplus, the surety company issuing the bond shall certify that the surety company has acquired reinsurance, in a form and amount acceptable to the Owner, to reinsure the portion of the risk that exceeds ten percent (10%) of the surety company’s capital and surplus with one or more reinsurers who are duly authorized and admitted to do business in Texas and that the amount reinsured by an reinsurer does not exceed ten percent (10%) of the reinsurer’s capital and surplus. 122. Section 11.4 is hereby amended by adding a new Section 11.4.4 to read as follows: § 11.4.4 All bonds will be reviewed by the Architect for compliance with the Contract Documents prior to execution of the Agreement. In the event that the Architect has any questions concerning the sufficiency of the bonds, the bonds will be referred to the Owner or the Owner’s representative for review and decision. 123. Section 11.4 is hereby further amended by adding a new Section 11.4.5 to read as follows: § 11.4.5 All bonds shall be originals. The Construction Manager shall require the attorney-in-fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of the Power-of-Attorney. The name, address, and telephone number of a contact person for the bonding company shall be provided. 124. Section 11.4 is also hereby amended by adding a new Section 11.4.6 to read as follows: § 11.4.6 Upon the request in writing of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the contract, the Construction Manager shall promptly furnish a copy of the bonds or shall permit a copy to be made. Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 49 AIA Document A201-2007 125. Section 11.4 is hereby further amended by adding a new Section 11.4.7 to read as follows: § 11.4.7 Bonds shall be signed by an agent resident in the State of Texas and the date of the bond shall be the date of execution of the Contract. If at any time during the continuance of the Contract, the surety of the Construction Manager’s bonds becomes insufficient, Owner shall have the right to require additional and sufficient sureties which the Construction Manager shall furnish to the satisfaction of the Owner within ten (10) business days after notice to do so. In default thereof, the Construction Manager may be suspended, and all payment or money due to the Construction Manager withheld. 126. Section 12.2.2.1 is hereby amended by replacing the phrase “within one year” in the first sentence of Section 12.2.2.1 with the phrase “within two years.” 127. Section 12.2.2.1 is also hereby amended by replacing the phrase “one-year period” in the third sentence of Section 12.2.2.1 with the phrase “two-year period.” 128. Section 12.2.2.2 is hereby amended by replacing the phrase “one-year period” with the phrase “two-year period.” 129. Section 12.2.2.3 is hereby amended by deleting Section 12.2.2.3 in its entirety and replacing it with a new Section 12.2.2.3 to read as follows: § 12.2.2.3 The two-year period for correction of Work shall be extended by corrective Work performed by the Construction Manager pursuant to this Section 12.2. 130. Section 12.2.2.5 is hereby amended by replacing the phrase “one-year period” with the phrase “two-year period.” 131. Section 12.2 is hereby amended by adding a new Section 12.2.6 to read as follows: § 12.2.6 Construction Manager shall (i) re-execute any parts of the Work that fail to conform with the requirements of this Agreement that appear in the progress of the Work; (ii) remedy any defects in the Work due to faulty materials or workmanship which appear within a period of two (2) years from Substantial Completion of the Work hereunder, or within such longer period of time as may be set forth in the Drawings and Specifications or other Contract Documents; and (iii) replace, repair, or restore any parts of the Project or Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 50 AIA Document A201-2007 furniture, fixtures, equipment, or other items placed therein (whether by Owner or any other party) that are injured or damaged by any such parts of the Work that do not conform to the requirements of this Agreement or defects in the Work. 132. Section 12.2 is hereby further amended by adding a new Section 12.2.7 to read as follows: § 12.2.7 The provisions of this Section 12.2 apply to Work done by subcontractors of the Construction Manager as well as work done directly by employees of the Construction Manager. The provisions of this Section 12.2.7 shall not apply to corrective work attributable solely to the acts or omissions of any separate Construction Manager of Owner (unless Construction Manager is acting in such capacities). The cost to Construction Manager of performing any of its obligations under this Section 12.2.7 to the extent not covered by insurance shall be borne by Construction Manager. 133. Section 12.2 is also hereby amended by adding a new Section 12.2.8 to read as follows: § 12.2.8 If, however, Owner and Construction Manager deem it inexpedient to require the correction of work damaged or not done in accordance with the Contract Documents, an equitable deduction from the Contract Sum and the Stipulated Sum shall be made by agreement between Construction Manager and Owner. Until such settlement, Owner may withhold such sums as Owner deems just and reasonable from moneys, if any, due Construction Manager. The settlement shall not be unreasonably delayed by the Owner and the amount of money withheld shall be based on estimated actual cost of the correction to Owner. 134. Section 12.2 is hereby further amended by adding a new Section 12.2.9 to read as follows: § 12.2.9 Construction Manager’s express warranty herein shall be in addition to, and not in lieu of, any other remedies Owner may have under this Agreement, at law, or in equity for defective Work. Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 51 AIA Document A201-2007 135. Section 13.1 is hereby amended by deleting Section 13.1 in its entirety and replacing it with a new Section 13.1 to read as follows: § 13.1 The Contract Documents shall be governed by the laws of the State of Texas. The Contract is deemed performable entirely in Denton County, Texas. Any litigation to enforce or interpret any terms of the Contract Documents or any other litigation arising out of or as a result of the Work shall be brought in the State courts of Denton County, Texas. 136. Section 13.3 is hereby amended by deleting Section 13.3 in its entirety and replacing it with a new Section 13.3 to read as follows: § 13.3 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail or by courier service providing proof of delivery to the last business address known to the party giving notice. In addition, or in the alternative, such delivery may be by electronic facsimile transmission to the last facsimile (telephone) number known to the party giving such notice. 137. Section 13.5.1 is hereby amended by deleting Section 13.5.1 in its entirety and replacing it with a new Section 13.5.1 to read as follows: § 13.5.1 Test, inspections and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. The Construction Manager shall use only materials in the Work, which meet the requirements of the Specifications. The Owner will contract for, independently of the Construction Manager, the inspection services, the testing of construction materials engineering, and the verification testing services necessary for the acceptance of the Work by the Owner. The Construction Manager shall give timely notice to the Architect and such other persons or entities selected by the Owner of the need for such services. The Construction Manager shall furnish, at his own expense, all necessary specimens for testing of the materials and when requested, shall furnish a complete written statement of the origin, composition, and/or manufacturer of any or all materials that are to be used in the Work. THIS QUALITY CONTROL SERVICE DOES NOT RELIEVE THE CONSTRUCTION Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 52 AIA Document A201-2007 MANAGER OF HIS RESPONSIBILITY WITH REGARD TO CONSTRUCTING THE WORK IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. All materials not conforming to the requirements of the Specifications will be rejected. 138. Section 13.5.2 is hereby amended by deleting Section 13.5.2 in its entirety and replacing it with a new Section 13.5.2 to read as follows: § 13.5.2 Owner shall pay for the initial testing performed by the engineering testing laboratory retained by the Owner on materials furnished and Work performed by Construction Manager. Retesting after failure to pass any test shall be at the sole expense of the Construction Manager. Payment for any and all Retests may be deducted and permanently withheld from the Construction Manager’s total compensation unless the Construction Manager pays for such Retests within 20 days of the receipt of an invoice for such Retest. Owner shall not be liable for or responsible to pay for tests or Retests performed by any person or entity other than the engineering testing laboratory retained by Owner for that purpose. 139. Section 13.6 is hereby amended by deleting Section 13.6 in its entirety and replacing it with a new Section 13.6 to read as follows: § 13.6 Payments due and unpaid under the Contract Documents shall bear interest in accordance with the Texas Prompt Payment Act, Texas Gov’t Code Chapter 2251. 140. Section 13.7 is hereby deleted in its entirety. 141. Article 13 is hereby amended by adding a new Section 13.8 to read as follows: § 13.8 CONSTRUCTION MANAGER’S RECORDS Construction Manager agrees to furnish Owner such information as may be available in Construction Manager’s files and records for the Project for the purpose of aiding Owner in establishing a depreciation schedule for the Project or such portions thereof as Owner may determine. Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 53 AIA Document A201-2007 142. Article 13 is hereby amended by adding a new Section 13.9 to read as follows: § 13.9 The Construction Manager shall certify in writing that no materials used in the work contain lead or asbestos materials in them in excess of amounts allowed by Local/State standards, laws, codes, rules and regulations; the Federal Environmental Protection Agency (EPA) standards and/or the Federal Occupational Safety and Health Administration (OSHA) standards, whichever is most restrictive. The Construction Manager shall provide this written certification as part of submittals under the Section in the Contract Documents related to closing out the Project. 143. Article 13 is hereby amended by adding a new Section 13.10 to read as follows: § 13.10 The Architect may appoint an employee or other person to assist him during the construction. These representatives will be instructed to assist the Construction Manager in interpreting the Contract Documents; however, such assistance shall not relieve the Construction Manager from any responsibility as set forth by the Contract Documents. The fact that the Architect’s Representative may have allowed work not in accordance with the Contract Documents shall not prevent the Architect from insisting that the faulty work be corrected to conform to the Contract Documents and the Construction Manager shall correct same. 144. Section 14.1.1.2 is hereby amended by inserting the word “or” at the end of the current line. 145. Section 14.1.1.3 is hereby amended by deleting “: or” at the end of the current line and inserting a period (.). 146. Section 14.1.1.4 is hereby deleted in its entirety. 147. Section 14.1.3 is hereby amended by deleting Section 14.1.3 in its entirety and replacing it with a new Section 14.1.3 to read as follows: § 14.1.3 If one of the reasons described in Subparagraph 14.1.1 or 14.1.2 exists, the Construction Manager may, upon 7 days written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment in an amount which would have been recoverable had the termination been for the Owner’s convenience. Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 54 AIA Document A201-2007 148. Section 14.2.2 is hereby amended by deleting Section 14.2.2 in its entirety and replacing it with a new Section 14.2.2 to read as follows: § 14.2.2 When any of the above reasons exist the Owner may without prejudice to any other rights or remedies of the Owner and after giving the Construction Manager and the Construction Manager’s Surety, if any, seven (7) days’ written notice, terminate employment of the Construction Manager and may, subject to any prior rights of Surety: .1 Take possession of the site and of all materials, equipment, tools, and construction equipment, and machinery thereof owned by the Construction Manager. .2 Accept assignment of subcontracts pursuant to Paragraph 5.4. .3 Finish the Work by whatever reasonable method the Owner may deem expedient. 149. Section 14.4.3 is hereby amended by deleting Section 14.4.3 in its entirety and replacing it with a new Section 14.4.3 to read as follows: § 14.4.3 In the case of such termination for the Owner’s convenience, the Construction Manager shall be entitled to receive payment for Work executed, for profits only on that portion of the Work executed, and for reasonable costs of demobilization. 150. Section 15.1.2 is hereby amended by deleting Section 15.1.2 in its entirety and replacing it with a new Section 15.1.2 to read as follows: § 15.1.2 Claims by the Construction Manager must be initiated within 21 days after occurrence of the event giving rise to such Claim. Claims by the Construction Manager must be initiated by written notice to the Owner and Initial Decision Maker with a copy to the Architect if the Architect is not serving as the Initial Decision Maker. 151. Section 15.1.3 is hereby amended by adding the phrase “and subject to the consent and agreement of the Owner” to the end of the second sentence of Section 15.1.3. 152. Section 15.1.4 is hereby amended by deleting the second sentence of Section 15.1.4 in its entirety. Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 55 AIA Document A201-2007 153. Section 15.1.5.2 is hereby amended by adding the following provision to the end of Section 15.1.5.2 to read as follows: § 15.1.5.2 The Construction Manager shall be entitled to an extension of the contract time for delays or disruptions due to unusually severe weather in excess of that normally experienced at the job site only as determined from climatological data set forth in this Section. The Construction Manager shall bear the entire economic risk of all weather delays and disruptions, and shall not be entitled to any increase in the Guaranteed Maximum Price by reason of such delays or disruptions. Rainy days shall not be considered an abnormal or adverse weather condition for which an extension of time will be granted unless and except in those months during which the actual cumulative number of rainy days within the month exceed the historical average cumulative number of rainy days for said month. A rain day is defined as a day when rainfall exceeds one-tenth (.1) inch during a twenty-four (24) hour period. The historical number of Weather Days per calendar month is as follows, based upon regional weather data from the National Weather Service (Dallas / Fort Worth, TX Weather Forecast Office): Average Rain Days per Month Jan. Feb. March April May June July Aug. Sept. Oct. Nov. Dec. 8 7 8 7 9 7 4 5 6 7 7 7 The number of rain days shown in the Rainfall Table for the first and last months of this Agreement will be prorated in determining the total number of rain days expected during the period of this Agreement. Time extensions may also be granted for any day following a period of precipitation during which muddy conditions exist and prevent performance of major items of work conducted on normal working days, which muddy conditions are subject to confirmation by the Owner. Requests for an extension of time pursuant to this Section shall be submitted to the Architect not later than fourteen days after the event(s) giving rise to such claim. The notice shall, in writing, specify the nature and duration of the delays or disruptions and the anticipated effect such weather days will have on the Construction Manager’s abilities to perform its obligations along with a plan to deal with the effects of Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 56 AIA Document A201-2007 such weather days and proposed amendments to all affected schedules and the Gant Chart necessarily resulting therefrom. Failure to timely submit a complete notice of claim for delays and extension of time for completion due to abnormal or adverse weather conditions or rainy days pursuant to this subsection shall result in the denial of a request for extra time for performance under the Contract Documents. In the event of such failure, no adjustment shall be made to the Guaranteed Maximum Price, and the Construction Manager shall not be entitled to claim or receive any additional compensation as a result of or arising out of any delay resulting in the adjustment of the working time, due to any of the factors outlined within this subsection. No payment, compensation, or adjustment of any kind (other than the extensions of time provided for in the Contract Documents) shall be made to the Construction Manager for damages because of hindrances or delays from any cause other than intentional interference of the Owner, whether such hindrances or delays be avoidable or unavoidable, and the Construction Manager agrees that he will make no claim for compensation, damages or mitigation of liquidated damages for any such delays.” 154. Section 15.2.1 is hereby amended by deleting Section 15.2.1 in its entirety and replacing it with a new Section 15.2.1 to read as follows: § 15.2.1 Claims by the Construction Manager against the Owner, including those alleging an error or omission by the Architect but excluding those arising under Paragraphs 10.3, 10.4, 11.3.9, and 11.3.10, shall be referred initially to the Initial Decision Maker for consideration and recommendation to the Owner. An initial recommendation by the Initial Decision Maker shall be required as a condition precedent to mediation or litigation of all Claims by the Construction Manager arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no recommendation having been rendered by the Initial Decision Maker. The Architect shall serve as the Initial Decision Maker, unless otherwise indicated in the Contract Documents. Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 57 AIA Document A201-2007 155. Section 15.2.2 is hereby amended by deleting Section 15.2.2 in its entirety and replacing it with a new Section 15.2.2 to read as follows: § 15.2.2 The Initial Decision Maker will review Claims and within ten (10) days of receipt of the Claim take one or more of the following actions: (1) request additional supporting data from the Construction Manager; (2) issue an initial recommendation; (3) suggest a compromise; or (4) advise the parties that the Initial Decision Maker is unable to issue an initial recommendation due to a lack of sufficient information or conflict of interest. 156. Section 15.2.4 is hereby amended by deleting the last sentence of Section 15.2.4 and replacing it with a new sentence to read as follows: Upon receipt of the response or supporting data, if any, the Initial Decision Maker shall make a recommendation to the Owner regarding the claim or any part of the claim. 157. Section 15.2.5 is hereby amended by deleting Section 15.2.5 in its entirety and replacing it with a new Section 15.2.5 to read as follows: § 15.2.5 The Initial Decision Maker will render an initial recommendation regarding the claim, or indicating that the Initial Decision Maker is unable to make a recommendation. This initial recommendation shall (1) be in writing; (2) state the reasons therefore; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any recommended change in the Contract Sum or Contract Time or both. Following receipt of the Initial Decision Maker’s initial recommendation regarding a claim, the Owner and Construction Manager shall attempt to reach agreement as to any adjustment to the Contract Price and/or Contract Time. If no agreement can be reached either party may request mediation of the dispute pursuant to Section 15.3. 158. Section 15.2.6 is hereby deleted in its entirety. 159. Section 15.2.6.1 is hereby deleted in its entirety. 160. Section 15.2.7 is hereby deleted in its entirety. 161. Section 15.2.8 is hereby deleted in its entirety. Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 58 AIA Document A201-2007 162. Section 15.2 is hereby amended by adding a new Section 15.2.9 to read as follows: § 15.2.9 Waiver of Lien. It is distinctly understood that by virtue of this Contract, no mechanic, contractor, materialman, artisan, or laborer, whether skilled or unskilled, shall ever in any manner have, claim, or acquire any lien upon the building, or any of the improvements of whatever nature or kind so erected or to be erected by virtue of this Contract nor upon any of the land upon which said building or any of the improvements are so erected, built, or situated. 163. Section 15.3 and all of its Subsections, including Sections 15.3.1 through 15.3.3, are hereby amended by deleting such Sections in their entirety and replacing such Sections with new Sections 15.3, 15.3.1, 15.3.2 and 15.3.3 to read as follows: § 15.3 MEDIATION § 15.3.1 In the event that the Owner or the Construction Manager shall contend that the other has committed a material breach of this Agreement, the party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. § 15.3.2 Request for mediation shall be in writing, and shall request that the mediation commence not less than thirty (30) or more than ninety (90) days following the date of the request, except upon agreement of both parties. § 15.3.3 In the event the Owner and the Construction Manager are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) days following the date of the request for mediation, all conditions precedent in this article shall be deemed to have occurred. 164. Section 15.3 is hereby further amended by adding new Sections 15.3.4 and 15.3.5 to read as follows: § 15.3.4 Venue for any mediation or lawsuit arising under this contract shall be in Denton County, Texas. § 15.3.5 The parties shall share the mediator’s fee equally. The mediation shall be held in Denton County unless another location is mutually agreed upon by and between the parties. Agreements reached in or through mediation Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 59 AIA Document A201-2007 shall be enforceable in the state courts of Denton County, Texas. 165. Section 15.4 is hereby amended by deleting the entirety of Section 15.4 together with all of Sections 15.4.1, 15.4.1.1, 15.4.2, and 15.4.3 in their entirety. 166. Section 15.4.4 is hereby amended by deleting the entirety of Section 15.4.4.1 together with all of Sections 15.4.4.2, 15.4.4.3 in their entirety. 167. The General Conditions of the Contract for Construction, AIA Document A201- 2007 is hereby further amended by deleting all references to arbitration from the Index and all other Sections, Subsections, paragraphs, provisions and/or phrases of such document. II. In the event of conflict in the language of the Agreement and this Addendum, the terms of this Addendum shall be final, controlling and binding upon the parties. Where a portion of the Agreement is not amended, replaced, modified and/or supplemented by this Addendum, the unaltered portions of the Agreement shall remain in full force and effect. III. This Addendum, when combined with the Agreement and the Contract Documents contains the entire agreement between Owner and Construction Manager with respect to the subject matter hereof, and except as otherwise provided herein cannot be modified without written agreement of the parties. Said Agreement shall be fully effective as written except that it shall be read as if the foregoing deletions, modifications and additions are incorporated therein word for word. IV. This Addendum and the Agreement are entered into subject to the Town Charter and ordinances of the Town of Prosper, as same may be amended from time to time, and is subject to and is to be construed, governed and enforced under all applicable State of Texas and federal laws. Construction Manager will make any and all reports required pursuant to federal, state or local law including, but not limited to, proper reporting to the Internal Revenue Service, as required in accordance with Construction Manager’s income. Situs of this Contract is agreed to be Denton County, Texas, for all purposes, including performance and execution. V. If any of the terms, provisions, covenants, conditions or any other part of this Addendum are for any reason held to be invalid, void or unenforceable, the remainder Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 60 AIA Document A201-2007 of the terms, provisions, covenants, conditions or any other part of this Addendum shall remain in full force and effect and shall in no way be affected, impaired or invalidated. VI. No right or remedy granted herein or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each right or remedy shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Addendum may be waived without written consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Addendum. VII. For purposes of this Addendum, including its intended operation and effect, the parties (Owner and Construction Manager) specifically agree and contract that: (1) the Addendum only affects matters/disputes between the parties to this Addendum, and is in no way intended by the parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with Owner or Construction Manager or both; and (2) the terms of this Addendum are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either Owner or Construction Manager. IN WITNESS WHEREOF, the parties hereto have set their hands by their representatives duly authorized on the day and year first written above. OWNER: TOWN OF PROSPER, TEXAS By: _______________________________ Harlan Jefferson, Town Manager Date Signed: _______________________ ATTEST: _________________________________ Robyn Battle, Town Secretary Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 61 AIA Document A201-2007 APPROVED AS TO FORM: _________________________________ Terrence S. Welch, Town Attorney Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 62 AIA Document A201-2007 CONSTRUCTION MANAGER: POGUE CONSTRUCTION CO., L.P., a Texas Limited Partnershp, acting by and through Ben Pogue, its President/Chief Executive Officer. By: __________________________________ Ben Pogue, President/Chief Executive Officer Date Signed: __________________________ Attachment 4 Town of Prosper Town Hall/Multi-Purpose Facility Addendum to The General Conditions of the Contract for Construction Page 63 AIA Document A201-2007 THE STATE OF TEXAS, COUNTY OF DENTON BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Harlan Jefferson, Town Manager of the TOWN OF PROSPER, a Texas Municipal Corporation, known to me to be the person who’s name is subscribed to the foregoing instrument, and acknowledged to me that he has executed the same on the Town’s behalf. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF , 20_____. Notary Public Denton County, Texas My commission expires THE STATE OF TEXAS, COUNTY OF _______________ This instrument was acknowledged before me on the ______ day of ________________, 2015 by Ben Pogues, in his capacity as President/Chief Executive Officer of Pogue Construction Co., L.P., a Texas Limited Partnership, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged that Ben Pogues is the President/Chief Executive Officer of POGUE CONSTRUCTION CO., L.P., a Texas Limited Partnership, and that he executed the same on behalf of and as the act of POGUE CONSTRUCTION CO., L.P. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF , 20_____. Notary Public County, _______ My commission expires Attachment 4 Page 1 of 2 To: Mayor and Town Council From: Matt Richardson, P.E., Senior Engineer Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 8, 2015 Agenda Item: Consider and act upon authorizing the Town Manager to execute a Professional Engineering Services Agreement between the Town of Prosper, Texas, and Teague Nall and Perkins, Inc., related to the Town Hall Offsite Infrastructure Project. Description of Agenda Item: Randall Scott Architects has begun design efforts for a Town Hall / Multi-Purpose Building to be located on Main Street between Second Street and Broadway. Their overall design effort includes engineering design of onsite infrastructure improvements such as parking lots, drainage facilities, and utility service lines. However, additional offsite infrastructure improvements are needed to adequately serve the building and to improve the adjacent streetscape. Town staff has negotiated an engineering design contract with Teague Nall and Perkins, Inc., (TNP) to design these offsite infrastructure improvements. The scope of these improvements include reconstructing aging and undersized water and sewer lines serving the site, constructing a new enclosed drainage system in accordance with the Old Town Drainage Study to serve the site, constructing a 24' fire lane from Broadway to Main Street along the north side of the site, and reconstructing Main Street with concrete curb & gutter pavement, angled parking, and enclosed drainage along the east side of the site. In addition to services related to the offsite infrastructure, TNP's contract also includes platting of the Town Hall site in accordance with the Town's development standards. TNP has submitted a proposal in the amount of $184,400 for the engineering design services associated with this contract. The Town Manager has previously executed a contract with TNP for topographic and property surveying of the Town Hall site and the offsite infrastructure project limits in the amount of $24,500. Together, these services total $208,900 for surveying and engineering design services associated with the Town Hall site and offsite infrastructure. This exceeds the budget number of $200,000 previously communicated to Council. This increase is primarily due to the cost of the major drainage trunk main proposed as part of the Old Town Drainage Study and a portion of this contract will ultimately be paid from funds specifically identified for that drainage improvement. A list of qualified firms to provide professional engineering and related services to the Town of Prosper was approved by Town Council on March 25, 2014. TNP was included on that list for both Roadway Design and Water/Sewer design. TNP provided the design for the SH 289 Median Lighting project previously and provided the onsite infrastructure design for Fire Station #2 under Prosper is a place where everyone matters. ENGINEERING Item 19 Page 2 of 2 subcontract with Wiginton Hooker Jeffry Architects. They have also performed onsite and offsite infrastructure design services for the Prosper Independent School District on numerous projects, including Windsong Ranch Elementary School currently. Budget Impact: Funding for the agreement, in the amount of $184,400, is available from a Reimbursement Resolution approved on April 8, 2014. An additional amount of funding identified specifically for drainage improvements will be allocated to the project during FY 2015-2016 once the final cost of drainage improvements is established. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the standard professional services agreement as to form and legality. Attached Documents: 1. Location Map 2. Professional Engineering Services Agreement Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Professional Engineering Services Agreement between the Town of Prosper, Texas, and Teague Nall and Perkins, Inc., related to the Town Hall Offsite Infrastructure Project. Proposed Motion: I move to authorize the Town Manager to execute a Professional Engineering Services Agreement between the Town of Prosper, Texas, and Teague Nall and Perkins, Inc., related to the Town Hall Offsite Infrastructure Project. Item 19 Town Hall Offsite Infrastructure Item 19 PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 1 OF 24 PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND TEAGUE, NALL, AND PERKINS FOR THE TOWN HALL INFRASTRUCTURE IMPROVEMENTS PROJECT (ENGINEERING) (1514-ST) This Agreement for Professional Engineering Services, hereinafter called “Agreement,” is entered into by the Town of Prosper, Texas, a municipal corporation, duly authorized to act by the Town Council of said Town, hereinafter called “Town,” and Teague, Nall, and Perkins, Inc., a Texas corporation, acting through a duly authorized officer, hereinafter called “Consultant,” relative to Consultant providing professional engineering services to Town. Town and Consultant when mentioned collectively shall be referred to as the “Parties.” W I T N E S S E T H: WHEREAS, Town desires to obtain professional engineering services in connection with the Town Hall Infrastructure Improvements Project (Engineering) (1514-ST), hereinafter called “Project”; For the mutual promises and benefits herein described, Town and Consultant agree as follows: 1. Term of Agreement. This Agreement shall become effective on the date of its execution by both Parties, and shall continue in effect thereafter until terminated as provided herein. 2. Services to be Performed by Consultant. The Parties agree that Consultant shall perform such services as are set forth and described in Exhibit A - Scope of Services and incorporated herein as if written word for word. All services provided by Consultant hereunder shall be performed in accordance with the degree of care and skill ordinarily exercised under similar circumstances by competent members of their profession. In case of conflict in the language of Exhibit A and this Agreement, this Agreement shall govern and control. Deviations from the Scope of Services or other provisions of this Agreement may only be made by written agreement signed by all Parties to this Agreement. 3. Prompt Performance by Consultant. Consultant shall perform all duties and services and make all decisions called for hereunder promptly and without unreasonable delay as is necessary to cause Consultant’s services hereunder to be timely and properly performed. Notwithstanding the foregoing, Consultant agrees to use diligent efforts to perform the services described herein and further defined in any specific task orders, in a manner consistent with these task orders; however, the Town understands and agrees that Consultant is retained to perform a professional service and such services must be bound, first and foremost, by the principles of sound professional judgment and reasonable diligence. 4. Compensation of Consultant. Town agrees to pay to Consultant for satisfactory completion of all services included in this Agreement a total fee of One Hundred and Eighty Four Thousand and Four Hundred Dollars ($184,400) for the Project as set forth and described in Exhibit B - Compensation Schedule and incorporated herein as if written word for word. Lump sum fees shall be billed monthly based on the percentage of completion. Hourly not to exceed fees shall be billed monthly based on hours of work that have been completed. Direct Costs for expenses such as mileage, copies, scans, sub-consultants, and similar costs are included in fees and shall be billed as completed. Item 19 PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 2 OF 24 Consultant agrees to submit statements to Town for professional services no more than once per month. These statements will be based upon Consultant's actual services performed and reimbursable expenses incurred, if any, and Town shall endeavor to make prompt payments. Each statement submitted by Consultant to Town shall be reasonably itemized to show the amount of work performed during that period. If Town fails to pay Consultant within sixty (60) calendar days of the receipt of Consultant's invoice, Consultant may, after giving ten (10) days written notice to Town, suspend professional services until paid. Nothing contained in this Agreement shall require Town to pay for any work that is unsatisfactory as reasonably determined by Town or which is not submitted in compliance with the terms of this Agreement. The Scope of Services shall be strictly limited. Town shall not be required to pay any amount in excess of the original proposed amount unless Town shall have approved in writing in advance (prior to the performance of additional work) the payment of additional amounts. 5. Town’s Obligations. Town agrees that it will (i) designate a specific person as Town’s representative, (ii) provide Consultant with any previous studies, reports, data, budget constraints, special Town requirements, or other pertinent information known to Town, when necessitated by a project, (iii) when needed, assist Consultant in obtaining access to properties necessary for performance of Consultant’s work for Town, (iv) make prompt payments in response to Consultant’s statements and (v) respond in a timely fashion to requests from Consultant. Consultant is entitled to rely upon and use, without independent verification and without liability, all information and services provided by Town or Town’s representatives. 6. Ownership and Reuse of Documents. Upon completion of Consultant’s services and receipt of payment in full therefore, Consultant agrees to provide Town with copies of all materials and documents prepared or assembled by Consultant under this Agreement and that Town may use them without Consultant's permission for any purpose relating to the Project. Any reuse of the documents not relating to the Project shall be at Town's risk. Consultant may retain in its files copies of all reports, drawings, specifications and all other pertinent information for the work it performs for Town. 7. Town Objection to Personnel. If at any time after entering into this Agreement, Town has any reasonable objection to any of Engineer’s personnel, or any personnel, professionals and/or consultants retained by Engineer, Engineer shall promptly propose substitutes to whom Town has no reasonable objection, and Engineer’s compensation shall be equitably adjusted to reflect any difference in Engineer’s costs occasioned by such substitution. 8. Insurance. Consultant shall, at its own expense, purchase, maintain and keep in force throughout the duration of this Agreement applicable insurance policies as described in Exhibit C - Insurance Requirements and incorporated herein as if written word for word. Consultant shall submit to Town proof of such insurance prior to commencing any work for Town. 9. Indemnification. CONSULTANT DOES HEREBY COVENANT AND AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS TOWN AND ITS OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES AND INVITEES FROM AND AGAINST LIABILITY, CLAIMS, SUITS, DEMANDS AND/OR CAUSES OF ACTION, (INCLUDING, Item 19 PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 3 OF 24 BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES AND COSTS OF LITIGATION), WHICH MAY ARISE BY REASON OF DEATH OR INJURY TO PROPERTY OR PERSONS BUT ONLY TO THE EXTENT OCCASIONED BY THE NEGLIGENT ACT, ERROR OR OMISSION OF CONSULTANT, ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, INVITEES OR OTHER PERSONS FOR WHOM CONSULTANT IS LEGALLY LIABLE WITH REGARD TO THE PERFORMANCE OF THIS AGREEMENT. IN THE EVENT THAT TOWN AND CONSULTANT ARE CONCURRENTLY NEGLIGENT, THE PARTIES AGREE THAT ALL LIABILITY SHALL BE CALCULATED ON A COMPARATIVE BASIS OF FAULT AND RESPONSIBILITY AND THAT NEITHER PARTY SHALL BE REQUIRED TO DEFEND OR INDEMNIFY THE OTHER PARTY FOR THAT PARTY’S NEGLIGENT OR INTENTIONAL ACTS, ERRORS OR OMISSIONS. 10. Notices. Any notices to be given hereunder by either Party to the other may be affected either by personal delivery, in writing, or by registered or certified mail to the following addresses: Teague Nall and Perkins Chris Schmitt, P.E. Principal 17304 Preston Road Suite 1340 Dallas, TX 75252 Town of Prosper Harlan Jefferson Town Manager 121 W. Broadway PO Box 307 Prosper, TX 75078 11. Termination. The obligation to provide further services under this Agreement may be terminated by either Party in writing upon thirty (30) calendar days notice. In the event of termination by Town, Consultant shall be entitled to payment for services rendered through receipt of the termination notice. 12. Sole Parties and Entire Agreement. This Agreement shall not create any rights or benefits to anyone except Town and Consultant, and contains the entire agreement between the Parties. Oral modifications to this Agreement shall have no force or effect. 13. Assignment and Delegation. Neither Town nor Consultant may assign their rights or delegate their duties without the written consent of the other Party. This Agreement is binding on Town and Consultant to the extent permitted by law. Nothing herein is to be construed as creating any personal liability on the part of any Town officer, employee or agent. 14. Texas Law to Apply; Successors; Construction. This Agreement shall be construed under and in accordance with the laws of the State of Texas. It shall be binding upon, and inure to the benefit of, the Parties hereto and their representatives, successors and assigns. Should any provisions in this Agreement later be held invalid, illegal or unenforceable, they shall be deemed void, and this Agreement shall be construed as if such provision had never been contained herein. 15. Conflict of Interest. Consultant agrees that it is aware of the prohibited interest requirement of the Town Charter, which is repeated in Exhibit D - Conflict of Interest Affidavit and incorporated herein as if written word for word, and will abide by the same. Further, a lawful representative of Consultant shall execute the Affidavit included in the exhibit. Consultant understands Item 19 PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 4 OF 24 and agrees that the existence of a prohibited interest during the term of this Agreement will render the Agreement voidable. Consultant agrees that it is further aware of the vendor disclosure requirements set forth in Chapter 176, Local Government Code, as amended, and will abide by the same. In this connection, a lawful representative of Consultant shall execute the Conflict of Interest Questionnaire, Form CIQ, attached hereto as Exhibit E - Conflict of Interest Questionnaire and incorporated herein as if written word for word. 16. Venue. The Parties herein agree that this Agreement shall be enforceable in Prosper, Texas, and if legal action is necessary to enforce it, exclusive venue shall lie in Collin County, Texas. 17. Mediation. In the event of any disagreement or conflict concerning the interpretation of this Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit such disagreement to non-binding mediation. 18. Prevailing Party. In the event a Party initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover its reasonable costs and attorney’s fees (including its reasonable costs and attorney’s fees on any appeal). 19. Signatories. Town warrants and represents that the individual executing this Agreement on behalf of Town has full authority to execute this Agreement and bind Town to the same. Consultant warrants and represents that the individual executing this Agreement on its behalf has full authority to execute this Agreement and bind Consultant to same. IN WITNESS WHEREOF, the Parties, having read and understood this Agreement, have executed such in duplicate copies, each of which shall have full dignity and force as an original, on the _______ day of _______________________, 20____. Teague, Nall and Perkins By: Signature Chris Schmitt Printed Name Principal Title Date TOWN OF PROSPER, TEXAS By: Signature Harlan Jefferson Printed Name Town Manager Title Date Item 19 PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 5 OF 24 EXHIBIT A SCOPE OF SERVICES PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND TEAGUE, NALL, AND PERKINS FOR THE TOWN HALL INFRASTRUCTURE IMPROVEMENTS PROJECT (ENGINEERING) (1514-ST) I. PROJECT DESCRIPTION This project involves the planning and design for offsite infrastructure improvements for the new Prosper Town Hall project. The scope of work to be performed under this Agreement shall generally consist of the following services:  Field surveying for design and easement/right-of-way (ROW) acquisition;  Final Plat for Town Hall property;  Concept studies and schematic plans;  Subsurface Utility Engineering (SUE);  Franchise Utility coordination;  Pavement design for full depth reconstruction including the following: o Reconstruction of Main Street from Broadway to 1st Street (900± l.f.) as well as design of approximately 600 linear feet of new 24’ wide alley between Broadway and 1st Street. o New alley located on the north end of the Town Hall property. The limits of the paving improvements are indicated on Exhibit G.  Design for storm drainage improvements: o Storm drain design efforts shall consist of evaluation of current Old Town Core District Drainage Study performed by Weir and Associates (2014). The objective of the evaluation will be to validate the scope of drainage improvements for the Town Hall project. At this time it is anticipated that these improvements shall consist of the following:  New storm drain system extending from Broadway to 1st Street along the western limits of the Town Hall property (formerly N. Crockett Street). The limits of the drainage improvements are indicated on Exhibit H.  New storm drain system in Main Street which will be divided into two sections. One section will collect drainage at the intersection of Main and 3rd Street and convey the flow in a system under the new alley westward to connect with the Crockett System noted above. The second Main street system will collect drainage flows at the intersection of 2nd Street and convey south to 1st Street. From this point the drainage will extend west toward Crockett Street. TNP shall evaluate both closed conduit and open ditch options for this section of this system.  Once both the Main Street and Crockett Street systems converge at Crockett/1 st Street Intersection, TNP shall evaluate two options for extending open ditch to dual 48” culvert pipes under existing Railroad crossing located approximately 1,000 feet west of Crockett/1st Street Intersection. One option will consist of regrading ditch along Item 19 PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 6 OF 24 north side of 1st Street whereas second option will consist of ditch across open field as noted on Exhibit H.  Design for water and sanitary sewer improvements and replacements o Design of approximately 1,500 linear feet of 12” water line and 1,500 linear feet of 8” sewer line. The final construction documents will also include the design of 500 l.f. of 16” water line which will be provided by consultant currently working on 1st Street project. The limits of the water and sewer improvements are indicated on Exhibit I.  Construction traffic control and sequencing  Signing and pavement markings improvements  Illumination design, details and coordination  Phase 1 Environmental Site Assessment (ESA);  Coordination with Texas Historic Commission (THC);  Preparation of ROW/Easement Documents;  Bidding and Construction Administration Support  Third Party Stakeholder coordination meetings; II. TASK SUMMARY Basic Services Task 1 Design Surveys A. Topographic Survey provided in previous proposal. B. Boundary Surveys & Final Plat 1. Standard Boundary Survey will include the following items: a. Establish horizontal control points as needed throughout the project. The basis of bearings will be Grid North of the Texas Coordinate System of 1983 (North Central Zone; NAD83 (2011) Epoch 2010) as derived locally from Western Data Systems Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) methods. b. Title research and deeds obtained of the subject property and the adjoining property owners. c. A deed sketch will be prepared. d. A thorough investigation of boundary markers/corners will be made on the subject property and the adjoining property. e. A boundary analysis of the property will be made by a Registered Professional Land Surveyor. f. 5/8” iron rods with plastic cap stamped “TNP” will be set for property corners where or when necessary. g. A metes and bounds description will be prepared. 2. Platting - Final Plat will be prepared from the existing boundary survey as prepared by TNP, per the Town of Prosper subdivision requirements. No independent search for easements will be performed by TNP. The comments will be obtained by the SURVEYOR and addressed on Item 19 PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 7 OF 24 the plat. There are no meetings (DRC, City Council), application or filing fees provided in this proposal. Task 2 Conceptual Engineering Phase (30%) A. Research and Data Collection 1. Meet with Town engineering staff and obtain design criteria, pertinent utility plans, street plans, plats and right-of-way maps, existing easement information, and other information available for the project area. 2. Meet with the Town project manager and conduct an on-site review and walk through. 3. Research and/or obtain existing “as-built” plans and proposed future plans (as identified by the CLIENT) for site improvements including but not limited to water, sewer, streets, storm drainage, and underground utilities within the project area. 4. Obtain existing ownership data and research existing plats to assist in identifying the general limits of easements and right-of-ways on properties adjacent to the project area. 5. The CONSULTANT will also coordinate with franchise utilities in the area and obtain record information where available. 6. Existing Project conditions shall also be documented using digital photography and/or video. B. The ENGINEER shall develop a concept schematic for the project that will be used to coordinate improvements within the Project corridor. The schematic will be prepared at a scale of 1" = 100' or smaller scale (i.e. 1” = 50’) and shall include the following: 1. Geometric Layout, Plan Schematics Using a combination of the design survey, existing aerial photography, general property research, utility research, site visits and the ENGINEER’s experience, p repare a concept schematic depicting the proposed improvements for the project. The design elements to be shown will include the following: a. Available aerial imaging from NCTCOG or other compatible sources, b. Property ownership. c. Recommendations for ROW acquisition d. Control data, e. Horizontal alignment, f. Centerline curve data, g. Construction limits, h. Major culverts and drainage outfalls, i. Water and sanitary sewer considerations, j. Easements, k. Existing topography, l. Existing and proposed right of way, m. Utility information compiled from research, survey and SUE. n. Proposed utility improvement identification, o. Existing ground profile and proposed vertical alignment. Item 19 PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 8 OF 24 C. Drainage Design Study 1. The drainage analysis and design for the Project shall be in accordance with the TOWN’s Drainage Criteria Manual and Drainage Master Plan and shall include an analysis of the existing and proposed drainage within the Project limit. The goal of the study shall be to review/validate the recommendations proposed in the Old Town Core District Drainage Study performed by Weir and Associates (2014) as well as evaluate alternatives necessary to meet current project objectives. The Study shall include the following: Drainage Area Mapping Delineate drainage area boundaries based on United States Geological Survey (USGS), or other suitable topographic maps (if available). Compare watershed boundaries and limits to information found in the TOWN’s latest Drainage Study, if available. Calculate Discharges Determine conveyance paths, channel slopes, time of concentration, and runoff coefficients and Soil Conservation Service (SCS) curve numbers and other factors as required to determine frequency-discharge relationships using hydrologic models. HEC-RAS Modeling and FEMA Mapping is not included with this task. Recommended Drainage Improvement Based on the model results and the TOWN’s drainage criteria, provide recommendations for drainage improvements to be associated with the Project. Identify Easement Requirements The ENGINEER shall identify any required drainage easements needed to accommodate the recommended drainage improvements facilities. Drainage Report Preliminary drainage analysis/study will be compiled along with the recommended improvements and will be submitted to the TOWN in technical memorandum format. D. Attend up to project kick off meeting meetings with project stakeholders. Project stakeholders shall include, but not be limited, to the following: other governmental agencies, franchise utilities, adjacent developments, and individual property owners as necessary. Task 3 Preliminary Engineering (60% & 90%) A. Utilizing information obtained from data collection and field surveys, the Consultant will prepare preliminary engineering plans with submittals at 60% and 90% completion. The preliminary engineering phase will included the following: 1. Locations of existing utilities, infrastructure, buildings, property lines, landscaping, and other pertinent information. 2. Establish preliminary horizontal and vertical alignments for paving improvements. 3. Establish preliminary locations for drainage, water, and sewer lines. 4. Establish preliminary profiles for drainage, water, and sewer lines. 5. Roadway Illumination Design for Main Street Improvements (Approximately 900 l.f.) a. Project Investigation and Preliminary Design of Proposed Pole Locations (based on Photometric analysis for pole/fixture assembly chosen by Client) Item 19 PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 9 OF 24 b. Final Design (Final pole siting, Wiring Sizing/Voltage Drop check based on electrical service location, with Foundation Design check as needed) c. PS&E Package (Quantities, Opinion of Probable Cost, Bid Specifications and Construction Documents) d. Participation in Pre-bid Meeting with Potential Bidders e. Construction Administration f. Completion of Record Drawings 6. Establish right-of-way and easement needs. Final documents for right-of-way and/or easement acquisition shall be provided along with the sixty percent (60%) plan submittal. 7. Determine any conflicts with private property including fences, mailboxes, driveways, sidewalks, landscaping, etc., and provide preliminary replacement or alternate design options if required. 8. Prepare updated estimated construction quantities and opinion of probable construction costs for sixty percent (60%) and ninety percent (90%) submittals. Present any potential alternatives, which may provide cost savings to the TOWN. B. Attend up to one (1) stakeholder coordination meetings at 90% Preliminary Plan submittal. . Project stakeholders shall include, but not be limited, to the following: other governmental agencies, franchise utilities, adjacent developments, and individual property owners as necessary. Meeting minutes will be developed and routed to all attendees for review/records. C. Plan submittals will occur at sixty percent (60%) & ninety percent 90% completion stages. Submit three (3) half size (11” X 17”) sets of preliminary plans and one (1) construction cost estimate to the TOWN for review along with a CD/DVD/USB containing PDFs of all plans and documents. Task 4 100% Engineering (Final) A. Incorporate comments from the Town, franchise utilities, and other interested parties, prepare final engineering plans and specifications with submittals at ninety percent (90%) and one- hundred percent (100%) completion. The final engineering design phase will include the following: 1. Revise and complete previously prepared drawings. 2. Prepare final construction sequencing, traffic control and access plans. 3. Prepare erosion control plans to comply with TOWN and any federal, state, or local requirements. 4. Incorporate standard details into the plans and prepare additional details as required. Provide cross-section drawings for roadways. 5. Prepare updated estimated construction quantities and opinion of probable construction costs. B. Project Manual – Prepare project manual based on Town template, including bidding requirements, proposal, bid schedule, special conditions, and technical specifications. C. Final Engineering Submittals –. Submit three (3) half size (11” X 17”) sets of preliminary plans, one (1) set of the project manual, and one (1) construction estimate to the TOWN for review along with a CD/DVD/USB containing PDFs of all plans and documents. Item 19 PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 10 OF 24 Task 5 Bid Phase Services A. Final Printing – Coordinate final printing of construction plans and project manual for distribution to proposed bidders. The CONSULTANT will recoup cost of bid sets by non- refundable fee from proposed bidders. All plans, project manuals, and other related bidding documents will be distributed from the office of the CONSULTANT. B. Bidding Process – Assist the Town with the bidding process as follows: 1. Prepare and deliver an electronic copy of the bid documents for the Town use in posting to their E-Bidding site. 2. Provide three (3) sets of half size plans and project manuals to the Town for use during the bid process. 3. Provide bidding documents to up to three (3) plan rooms. 4. Attend pre-bid conference if required by the Town. 5. Address questions from the proposed bidders during the bidding process and issue addenda as necessary, in coordination with the Town. 6. Attend the bid opening (Note: Town shall compile bid tabulation and provide TNP C. Contract Award – Prepare four (4) sets of the conformed project manual for execution between the contractor and the Town. Task 6 Construction Administration A. Construction Plans – Furnish six (6) full size (22” X 34”) sets, ten (10) half size (11” X 17”) sets of the final plans for construction for use by the TOWN and the contractor, along with a CD/DVD/USB containing PDFs of all plans. B. Construction Observation – Perform periodic site visits as needed or requested to determine the overall progress of construction and conformance with plans and specifications and attend monthly progress meetings if needed or requested. C. Changes & Reviews – Review and either approve or reject all shop drawings for the Project. When requested, review laboratory testing reports, field change requests and change orders and provide comments to TOWN. Provide written responses to requests for information or clarification to TOWN or contractor. Provide and maintain an accurate Change Order Log, Submittal Log and Requests for Information (RFI) Log throughout the duration of the Project, and make such logs available to the TOWN upon request. D. Final Walk-Through – Upon substantial completion of construction, the CONSULTANT will participate in a final walk-through with the TOWN and the contractor and will contribute items to the TOWN for inclusion in a punch list. E. CONSULTANT shall perform its services in accordance with such Project schedule as is specified in the Contract, but in any event as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project in the case of delays caused by the Town’s review of documents submitted under this Contract. Item 19 PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 11 OF 24 Task 7 Record Drawings A. Prepare record drawings utilizing TOWN and contractor as-built information, including one (1) set of full size paper record drawings for review, followed by one (1) set of full size paper and one (1) set of full size mylar final record drawings, along with a CD/DVD/USB containing a PDF of the plan set, TIFF images of each individual plan sheet, and a project base map in DWG format. Task 8 ROW Documents A. Prepare metes and bounds for any proposed easements or right-of-ways, signed and sealed by an RPLS. The anticipated number of easements or right-of-way documents for the roadway and utility improvements is four (4). 1. Prepare a metes and bounds description and an 8-1/2” x 11” exhibit for one (1) right-of-way parcel on a per tract basis. Deliver three (3) reviewed and approved originals to the City. 2. Prepare a metes and bounds description and an 8-1/2” x 11” exhibit for two (2) temporary construction easements on a per tract basis. Deliver three (3) reviewed and approved originals to the City. 3. Prepare a metes and bounds description and an 8-1/2” x 11” exhibit for one (1) Permanent Street, Sidewalk and Utility easement on a per tract basis. Deliver three (3) reviewed and approved originals to the City. 4. Prepare exhibits with the field notes first and drawings second. 5. Set new iron pins at all new corners, PC’s and PT’s of new right-of-way (not for easements). Task 9 Subsurface Utility Engineering Subsurface Utility Engineering (SUE) including utility investigations subsurface and above ground prepared in accordance with AASHTO standards and Utility Quality Levels as follows. ENGINEER shall submit a recommendation for the Level’s A or B of Subsurface Utility Engineering Services for the Project, and receive approval from the TOWN prior to commencing said work. Work shall conform to the Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data, CI/ASCE 38-02. This standard defines the following Quality Levels: Quality Level A: Precise horizontal and vertical location of utilities obtained by the actual exposure (or verification of previously exposed and surveyed utilities) and subsequent measurement of subsurface utilities, usually at a specific point. Minimally intrusive excavation equipment is typically used to minimize the potential for utility damage. A precise horizontal and vertical location, as well as other utility attributes, is shown on plan documents. Quality Level B: Information obtained through the application of appropriate surface geophysical methods to determine the existence and approximate horizontal position of subsurface utilities. Quality Level B data should be reproducible by surface geophysics at any point of their depiction. This information is surveyed to applicable tolerances defined by the project and reduced onto plan documents. Quality Level C: Information obtained by surveying and plotting visible above- ground utility Item 19 PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 12 OF 24 features and by using professional judgment in correlating this information to Quality Level D information. Quality Level D: Information derived from existing records or oral recollections. The ENGINEER shall show the SUE information in the design and construction drawings. (Level of investigation will be determined based on Project requirements and proposed construction activities). Level B: TNP will provide utility information, up to QL-“B”, for the project site: This work includes: a. Requesting utility records on all crossing utilities from the Client, public utilities and private utility companies known to provide service within the project area, as well as other sources, in an effort to develop a comprehensive inventory of utility systems likel y to be encountered. Record documents may include construction plans, system diagrams, distribution maps, transmission maps, geographic information system data, as well as oral descriptions of the existing systems. Record information will not be used as a substitute for field location methods unless it is determined to be the most appropriate method for depicting the utilities at the site. The depiction of utilities from records (QL-“C” or “D”) will be based on thorough field and office activities and shall be based on the most reliable indication of position available. b. Investigating all utility systems shown on the record drawings that are included within the project site. Visible surface features and appurtenances of subsurface utilities found within the project site will also be evaluated. Using appropriate surface geophysical methods, TNP will search for detectible indications of the location of anticipated subsurface utilities. c. Marking all locations that can be validated, using paint, flags or other devices. d. Preparing documentation of the utilities encountered and marked, including their general location, orientation, type & size, if known. Level A: TNP will excavate by air-vacuum or other minimally invasive methods up to 4 test holes, at locations yet to be determined within the project limits in order to identify the exact horizontal & vertical locations of crucial utilities. Unless specified otherwise in this scope, the location of the tests holes will be outside of any paved area. This work includes: a. Providing all necessary personnel, equipment, supplies, management and supervision needed for the test hole excavation, backfill and restoration. b. Coordinating with Client, property owner, and/or permitting authorities, as needed and obtaining any required permits, permission or rights-of-entry with help from The Client c. Contacting the appropriate one-call system to request utilities to be marked on-the- ground prior to beginning excavation of test holes. d. Providing and utilizing appropriate traffic control devices, as necessary, in conformance with the MUTCD, including any state or locally adopted supplements. (if closures or Item 19 PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 13 OF 24 additional traffic control equipment is needed other than signs and cones additional direct expenses will be charged). e. Preparing documentation for each test hole attempted. This documentation will include the horizontal and vertical position of the targeted utility or structure, a general description of the target utility, with condition, material and general orientation noted, a generalized description of the material encountered in the test hole, and any other field observations noted during the excavation. Investigate, observe and annotate survey of existing utilities as located and marked by Quality Level “C” Subsurface Utility Engineering (SUE) for visible above ground utility features that are correlated to existing utility records. The Level will be performed per the standard of care guideline, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data, CI/ASCE 38-02. It is anticipated that efforts and work related to the design of the actual franchise utility relocations shall be performed by the utility companies or under a separate agreement. The ENGINEER shall provide utility coordination as described in Items 1, 2 and 3 above. Task 10 Environmental Investigation (Phase 1 – ESA) A. Provide Phase I Environmental Site Assessment (Phase I ESA) on the project referenced above. The proposed scope of services for the Phase I Environmental Site Assessment is as follows: 1. Conduct a literature, title and records review, including a review of historical aerial photography, to evaluate past land use on and near the site. Contact appropriate regulatory bodies to review applicable records and permits for the purpose of identifying any known adverse environmental conditions that exist or may have existed on or near the site. 2. Visually observe the site and those properties within a ¼-mile radius to identify sensitive receptors, natural features, and any visible adverse environmental conditions that may potentially affect the site. The survey may also involve contacts and interviews with adjacent property owners, unless otherwise instructed. Visual observations will include a preliminary survey to evaluate the potential for the presence of hazardous substances on the site. 3. Conduct the Environmental Site Assessment (ESA) in accordance with terms and provisions of the "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process," ASTM Standard 1527-13 (the ASTM Standard) published by the American Society of Testing and Materials. Task 11 Coordination with Texas Historical Commission (THC) A. Consultant shall perform limited desktop review for cultural resources utilizing THC information readily available on Texas Historic Commission website. Furthermore we will prepare draft and final letters on behalf of the Town of Prosper requesting formal project review for compliance with the Texas Historical Commission in accordance with Antiquities Code of Texas. Title 9, Chapter 191, Section 191.0525(2) of the ACT requires advance project review only if the project affects a cumulative area larger than five (5) acres or disturbs a cumulative area of more than Item 19 PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 14 OF 24 5,000 cubic yards, or if the project is inside a designated historic district or recorded archeological site. The draft letter will be provided to the Town for review and comment. Upon receipt of review comments, the Consultant will prepare the final letter and transmit the letter to the THC. Two copies each of the draft and final coordination letters will be provided to the City. Any field surveys or permitting required by THC will be considered as an additional service. Additional Services Any items requested that are not outlined in the above scope will be considered additional services and will be provided as requested and authorized by Client. TNP can provide the following services; however, they are not included in the limited scope of this agreement:  Changes to our work due to Site Plan changes after the 60% plan review and notice to proceed on the 90% plans;  Geotechnical Report, Soils Testing or Materials Testing;  Pavement Typical Section Design;  Submittal, Review, Platting, and Permitting Fees or other Fees Associated with adjacent commercial and/or residential Development;  Off-Site Utility or Infrastructure Design beyond the Off-Site Drainage;  Legal Descriptions for Vacation of Utility Easements or R.O.W.;  Retaining Wall, Structural, or Slope Stability Design;  Structural Design for Street Light Foundations;  Inspection of Utilities, Paving, Storm Drainage;  Design/Relocation of Gas, Electric, Duct Banks, Telephone, Cable TV Service, or any other Franchise Utility;  Revision to Plans after Approval;  CLOMR/LOMR Study and IES Field Surveys;  USACE Jurisdictional Determination, Permitting, etc.;  Preparation of SWPPP;  Construction Staking;  Landscape/Irrigation;  Tree Mitigation Services;  Archeological Surveys/Permitting;  Any item not specifically included in the Scope of Services Item 19 PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 15 OF 24 III. DELIVERABLES CONCEPT SCHEMATIC SUBMITTAL This milestone submittal will primarily be for Program review only and shall include, at a minimum, the following conceptual documents and activities: a. Concept Paving Plan/Profile Schematic b. Concept Utility Plan Schematic (Water, Sanitary Sewer and Storm Drain) c. Drainage Study Summary Report d. ROW Ownership Map & Proposed Additional ROW/Easement Locations e. Opinion of Probable Construction Cost Furnish TOWN with:  Three (3) sets of 11”x17” 30% Concept Plans  PDF’s of submittal on CD  Opinion of Probable Construction Costs (OPCC) PRELIMINARY SUBMITTAL (60%) Submittal package shall contain/include but not be limited to at a minimum a written response to TOWN’s CONCEPT SCHEMATIC review comments, the concept schematic review set with revisions based on the concept schematic review comments, and the following documents and activities: a. Title Sheet and Index b. General Notes c. Standard Details d. Typical Sections e. Removal Layouts f. Control Sheets g. Roadway Plan & Profile Sheets (including Cross Streets) h. Driveway Profiles i. Drainage Area Map (including summary of computations) j. Storm Sewer Plan & Profile (including summary of computations) k. Existing Utility Layouts l. Cross Sections m. Signing & Pavement Markings n. Intersection Improvements o. Water Line Improvements p. Wastewater Line Improvements q. Illumination Layout r. Specifications s. ROW Parcel Exhibits t. Opinion of Probable Construction Cost (60%) u. Revise and Refine Designs based on TOWN Comments Furnish TOWN with  Three (3) sets of 11”x17” 60% & 90% Plans  PDF’s of 60% & 90% submittals  Updated OPCC at 60% and 90% submittal Deliver all electronic files (models, spreadsheets, shape files, CADD files, etc.) on a CD. All files must be fully operational and located on the appropriate levels. Item 19 PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 16 OF 24 PRELIMINARY SUBMITTAL (90%) Submittal package shall contain/include but not be limited to at a minimum a written response to TOWN’s PRELIMINARY SUBMITTAL (60%) review comments, the 60% review set with revisions based on the 60% review comments, and the following documents and activities: a. Title Sheet and Index b. General Notes c. Standard Details d. Typical Sections e. Traffic Control Plans f. Removal Layouts g. Control Sheets h. Roadway Plan & Profile Sheets (including Cross Streets) i. Driveway Profiles j. Drainage Area Map (including summary of computations) k. Storm Sewer Plan & Profile (including summary of computations) l. Existing Utility Layouts m. Traffic Signal Layouts n. SW3P Data and Layouts o. Cross Sections p. Signing & Pavement Markings q. Intersection Improvements r. Water Line Improvements s. Wastewater Line Improvements t. Illumination Layout u. Specifications v. Opinion of Probable Construction Cost (90%) w. Bid Documents x. Revise and Refine Designs based on TOWN Comments Furnish TOWN with  Three (3) sets of 11”x17” 60% & 90% Plans  PDF’s of 60% & 90% submittals  One (1) Set of Construction Document and Specifications  Updated OPCC at 60% and 90% submittal Deliver all electronic files (models, spreadsheets, shape files, CADD files, etc.) on a CD. All files must be fully operational and located on the appropriate levels. FINAL SUBMITTAL (100%) Submittal package shall contain/include but not be limited to at a minimum a written response to TOWN PRELIMINARY SUBMITTAL (90%) review comments, the 90% review set with revisions based on the 90% review comments. Submit 100% signed and sealed Bid-ready Drawings), Project Specifications/Bid Form, and Opinion of Probable Construction Cost estimate along with the reviewed Preliminary drawings, specifications, and Opinion of Probable Construction Cost (if necessary). ENGINEER shall also submit the construction schedule and an estimate of construction duration. Plans shall be submitted with the QA/QC Certification Form. Item 19 PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 17 OF 24 Furnish as a part of ENGINEER’s basic fee six (6) full size (22” X 34”) sets, ten (10) half size (11” X 17”) sets of the final plans for construction for use by the TOWN and the contractor, along with a CD/DVD/USB containing PDFs of all plans. CDs shall be separate from the paper set of the bidding documents. Bidding documents shall include but are not limited to the following: a. Title Sheet and Index b. General Notes c. Standard Details d. Typical Sections e. Traffic Control Plans f. Removal Layouts g. Control Sheets h. Roadway Plan & Profile Sheets (including Cross Streets) i. Driveway Profiles j. Drainage Area Map (including summary of computations) k. Storm Sewer Plan & Profile (including summary of computations) l. Existing Utility Layouts m. Traffic Signal Layouts n. SW3P Data and Layouts o. Cross Sections p. Signing & Pavement Markings q. Intersection Improvements r. Water Line Improvements s. Wastewater Line Improvements t. Illumination Layout u. Specifications v. Opinion of Probable Construction Cost (100%) w. Construction Time Determination x. Bid Documents y. Revise and Refine Designs based on TOWN Comments Furnish TOWN  Three (3) sets of 11x17 100% plans;  One (1) set of Construction Contract Documents and Specifications;  PDF Copies of all Deliverables  Updated OPCC Deliver all electronic files (models, spreadsheets, shape files, CADD files, etc.) on a CD. All files must be fully operational and located on the appropriate levels. Item 19 PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 18 OF 24 Task Deliverables Task 1 Design Survey  Six (6) 24x36 copies of Final Plat  One (1) 11x17 copy of Final Plat  One CD with .dwg and .pdf files of the Final Plat  Completed Plat Application Task 2 Conceptual Engineering Phase (30%)  Three (3) sets of 11”x17” 30% Concept Plans  PDF’s of submittal  Opinion of Probable Construction Costs (OPCC) Task 3 Preliminary Engineering (60% & 90%)  Three (3) sets of 11”x17” 60% & 90% Plans  PDF’s of 60% & 90% submittals  One (1) Set of Construction Document and Specifications  Updated OPCC at 60% and 90% submittal Task 4 100% Engineering (Final)  Three (3) sets of 11x17 100% plans;  One (1) set of Construction Contract Documents and Specifications;  PDF Copies of all Deliverables  Updated OPCC Task 5 Bid Phase Services  Four (4) sets of Construction Contract Documents and Specifications for execution after bidding;  Six (6) sets of 22x34 Construction Plans to issue for construction after bidding;  Ten (10) sets of 11x17 Construction Plans to issue for construction after bidding;  PDF Copies of all Deliverables Task 6 Construction Administration  Copies of Site Visit Reports  Copies of Submittal Reviews  Copies of RFI responses  Review Contractor Payment Request  Punch list Task 7 Record Drawings  One (1) 22x34 bond copy of the record drawings  One (1) 22x34 mylar copy of the record drawings  One (1) PDF copy of each sheet of the record drawings  One (1) DWG of the record drawings base map Task 8 ROW Documents  Strip Maps  Parcel Exhibits – currently anticipate up to 8 total exhibits for initial budgeting purposes Task 9 Subsurface Utility Engineering  Level B – AutoCad DWG file depicting all Sub-surface Utilities Designated,  Level A – AutoCad DWG (DGN) file showing X, Y and Z w/ depth, a PDF of the same signed and sealed, Utility Summary Sheet, Individual Sheets on Test Holes. Task 10 Environmental Investigation (Phase 1 ESA)  One (1) hard copy of ESA report  PDF copy of report Task 11 Coordination with Texas Historical Commission (THC)  One (1) Copy of THC Consultation Request Form  PDF copy of the consultation request form. Item 19 PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 19 OF 24 EXHIBIT B COMPENSATION SCHEDULE PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND TEAGUE, NALL, AND PERKINS FOR THE TOWN HALL INFRASTRUCTURE IMPROVEMENTS PROJECT (ENGINEERING) (1514-ST) I. COMPENSATION SCHEDULE Task Completion Schedule Compensation Schedule Notice-to-Proceed August 2015 Task 1 – Design Survey (Topo) September 2015 * Task 1 – Design Survey (Platting) September/October 2015 $18,300 Task 2 - Conceptual Engineering (30%) September/October 2015 $27,000 Task 3 - Preliminary Engineering (60%) November 2015 $36,800 Task 3 – Preliminary Engineering (90%) January 2015 $43,000 Task 4 - 100% Engineering (Final) February 2015 $21,900 Task 5 - Bid Phase Services March 2015 $3,000 Task 6 - Construction Administration During Construction $5,000 Task 7 - Record Drawings Upon Completion of Construction $1,700 Task 8 - ROW Documents January 2015 $7,000 Task 9 - Subsurface Utility Engineering (Level B) September 2015 $6,700 Task 9 – Subsurface Utility Engineering (Level A) As needed $8,500 Task 10 - Environmental Investigation (Phase 1 – ESA) September 2015 $4,000 Task 11 - Coordination with TX Historical Commission (THC) September 2015 $1,500 Total Compensation $184,400 *topo survey authorized under separate contract Item 19 PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 20 OF 24 II. COMPENSATION SUMMARY Basic Services (Lump Sum) Amount Task 1 – Design Survey – Final Platting $18,300 Task 2 - Conceptual Engineering Phase (30%) $27,000 Task 3 - Preliminary Engineering (60% & 90%) $79,800 Task 4 - 100% Engineering (Final) $21,900 Task 5 - Bid Phase Services $3,000 Task 7 – Record Drawings $1,700 Task 10 – Phase 1 ESA $4,000 Task 11 – THC Coordination $1,500 Total Basic Services: $157,200 Special Services (Hourly Not-to-Exceed) Amount Task 6 – Construction Administration $5,000 Task 8 – ROW Documents $7,000 Task 9 – Subsurface Utility Engineering Level B $6,700 Task 9 – Subsurface Utility Engineering Level A $8,500 Total Special Services: $27,200 Direct Expenses Amount None $0 Total Direct Expenses: $0 Item 19 PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 21 OF 24 EXHIBIT C INSURANCE REQUIREMENTS PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND TEAGUE, NALL, AND PERKINS FOR THE TOWN HALL INFRASTRUCTURE IMPROVEMENTS PROJECT (ENGINEERING) (1514-ST) I. COMMON REQUIREMENTS Consultant shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Consultant, his agents, representatives, employees or subcontractors. The cost of such insurance shall be borne by Consultant. Consultant shall declare any deductible or self-insured retentions in excess of Ten Thousand Dollars ($10,000) for approval by the Town. Consultant shall maintain insurance policies with a company that maintains a financial strength rating of “A- VI” or greater by A.M. Best’s Key Rating Guide, or other equivalent rating service(s), and is authorized to transact business in the State of Texas. A certificate of insurance meeting all requirements and provisions outlined herein shall be provided to Town prior to any services being performed or rendered. Renewal certificates shall also be supplied upon expiration. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled or non-renewed by either party, reduced in coverage or in limits except after 30 days written notice to Town for all occurrences, except 10 days written notice to Town for non- payment. II. GENERAL LIABILITY INSURANCE Consultant shall maintain a general liability insurance policy in an amount not less than One Million Dollars ($1,000,000) for each occurrence, and Two Million Dollars ($2,000,000) in the aggregate for third-party bodily injury, personal injury, and property damage. Policy will include coverage for premises/operations, broad form contractual liability, products and completed operations, personal injury, and broad form property damage. Town, its officers, officials, employees and volunteers are to be added as “Additional Insured’s” relative to liability arising out of activities performed by or on behalf of Consultant, products and completed operations of Consultant, premises owned, occupied or used by consultant. The coverage shall contain no special limitations on the scope of protection afforded to Town, its officers, officials, employees or volunteers. Consultant's insurance coverage shall be primary insurance in respects to Town, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by Town, its officers, officials, employees or volunteers shall be in excess of the provider’s insurance and shall not contribute with it. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to Town, its officers, officials, employees or volunteers. Item 19 PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 22 OF 24 Consultant’s insurance shall apply separately to each insured against whom the claim is made or suit is brought, except to the insured’s limits of liability. III. AUTOMOBILE LIABILITY Consultant shall maintain an automobile liability policy in an amount not less than Five Hundred Thousand Dollars ($500,000) combined single limit. Automobile liability shall apply to all owned, hired, and non-owned autos that will be used under this Agreement. III. PROFESSIONAL LIABILITY Consultant shall maintain a professional liability (errors and omissions) insurance policy in an amount not less than One Million Dollars ($1,000,000) for each claim, and Two Million Dollars ($2,000,000) in the aggregate. A “claims made” policy is acceptable coverage which must be maintained during the course of the Project, and up to two (2) years after completion and acceptance of the Project by Town. IV. WORKERS COMPENSATION Consultant shall maintain all Statutory Workers Compensation Insurance as required by the laws of the State of Texas. The insurer shall agree to waive all rights of subrogation against Town, its officers, officials, employees and volunteers for losses arising from work performed by Consultant for the Project. V. OTHER INSURANCE REQUIREMENTS Umbrella coverage or excess liability coverage is / X is not required. If Project size and scope warrant, and if required by this section, Consultant shall maintain an umbrella coverage or excess liability coverage insurance policy in an amount of Two Million Dollars ($2,000,000). XCU coverage is / X is not required. If Project scope warrants, and if required by this section, Consultant shall maintain XCU coverage not less than One Million Dollars ($1,000,000) for each occurrence, and Two Million Dollars ($2,000,000) in the aggregate. Item 19 PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 23 OF 24 EXHIBIT D CONFLICT OF INTEREST AFFIDAVIT PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND TEAGUE, NALL, AND PERKINS FOR THE TOWN HALL INFRASTRUCTURE IMPROVEMENTS PROJECT (ENGINEERING) (1514-ST) THE STATE OF TEXAS § § COUNTY OF ________________ § I, _________________________, a member of the Consultant team, make this affidavit and hereby on oath state the following: I, and/or a person or persons related to me, have the following interest in a business entity that would be affected by the work or decision on the Project (Check all that apply): _____ Ownership of 10% or more of the voting shares of the business entity. _____ Ownership of $25,000.00 or more of the fair market value of the business entity. _____ Funds received from the business entity exceed 10% of my income for the previous year. _____ Real property is involved, and I have an equitable or legal ownership with a fair market value of at least $25,000.00. _____ A relative of mine has substantial interest in the business entity or property that would be affected by my decision of the public body of which I am a member. _____ Other: _________________________________________________. _____ None of the Above. Upon filing this affidavit with the Town of Prosper, Texas, I further affirm that no relative of mine, in the first degree by consanguinity or affinity, as defined in Chapter 573 of the Texas Government Code, is a member of the public body which took action on the agreement. Signed this ___________________ day of _________________________, 2015. ________________________________ Signature of Official / Title BEFORE ME, the undersigned authority, this day personally appeared _______________________________________ and on oath stated that the facts hereinabove stated are true to the best of his / her knowledge or belief. Sworn to and subscribed before me on this _____ day of ________________________, 2015. ________________________________ Notary Public in and for the State of Texas My Commission expires: _______________ Item 19 PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 24 OF 24 EXHIBIT E CONFLICT OF INTEREST QUESTIONNAIRE PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND TEAGUE, NALL, AND PERKINS FOR THE TOWN HALL INFRASTRUCTURE IMPROVEMENTS PROJECT (ENGINEERING) (1514-ST) Item 19 EXHIBIT G Item 19 EXHIBIT H Item 19 EXHIBIT I Item 19 EXHIBIT J Item 19