10.27.2015 Town Council Packet
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Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
3. Announcements of recent and upcoming events.
4. Presentations
Presentation on Earthkind Research Garden. (FJ)
Proclamation presented to members of the Prosper Police Department declaring
October 23-31, 2015, as Red Ribbon Week. (DK)
Presentation to members of the Town of Prosper Finance Division for receiving a
Certificate of Achievement for Excellence in Financial Reporting from the
Government Finance Officers Association for the Comprehensive Annual Financial
Report for the fiscal year ended September 30, 2014. (CD)
Presentation to the Town of Prosper Finance Department for receiving the
Achievement in Procurement Award for 2015 from the National Procurement
Institute, Inc. (CD)
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)
Regular Meeting – October 13, 2015
5b. Consider and act upon a resolution accepting and approving the 2015 tax roll.
(HJ)
5c. Consider and take action upon a resolution expressing official intent to reimburse
costs of Town capital improvement program projects that may be funded with
proceeds of bonds or other obligations, if those costs are paid prior to the
issuance of such bonds or other obligations. (CD)
5d. Consider and act upon approving the purchase of three pick-up trucks for the
Building Inspections Division, from Caldwell Country Chevrolet, through the
Texas Local Government Purchasing Cooperative; and two chassis with flat bed
trucks for the Streets Division, from Chastang Ford, through the Houston-
Galveston Area Council (HGAC) Cooperative Purchasing Program. (JC)
AGENDA
Meeting of the Prosper Town Council
Prosper Independent School District
Central Administration Building
Board Room
605 East 7th Street, Prosper, TX 75078
Tuesday, October 27, 2015
6:00 p.m.
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5e. Consider and act upon approving the purchase of two fire engines, from Siddons-
Martin Emergency Group, through the Houston-Galveston Area Council (HGAC)
Cooperative Purchasing Program, and a pre-payment discount option. (JC)
5f. Consider and act upon authorizing the Town Manager to execute a Development
Agreement between the Town of Prosper, Texas, and CADG Prosper Lakes
North, LLC., related to early issuance of building permits and Town cost
participation on a retaining wall for the Lakes of Prosper North, Phase 2
development. (HW)
5g. Consider and act upon a resolution in support of statewide Proposition 7 for
increased state funding for transportation. (RB)
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.)
REGULAR AGENDA:
(If you wish to address the Council during the regular agenda portion of the meeting,
please fill out a “Public Meeting Appearance Card” and present it to the Town Secretary
prior to the meeting. Citizens wishing to address the Council for items listed as public
hearings will be recognized by the Mayor. Those wishing to speak on a non-public
hearing related item will be recognized on a case-by-case basis, at the discretion of the
Mayor and Town Council.)
PUBLIC HEARINGS:
7. Conduct a Public Hearing, and consider and act upon a request to rezone 15.7± acres,
from Commercial (C) and Planned Development-25 (PD-25) to Planned Development-
Retail (PD-R), located on north side of US 380, 580± feet west of Custer Road. (Z15-
0011). (JW)
8. Presentation of service plan and first Public Hearing to consider the involuntary
annexation of a 0.2± acre tract of land, located on the north side of First Street, 1.2±
miles east of Coit Road. (A15-0002). (AG)
DEPARTMENT ITEMS:
9. Consider and act upon authorizing the Town Manager to execute a Benefit Program
Application with Blue Cross Blue Shield for group medical insurance, effective January
1, 2016; and, a renewal letter acceptance with Delta Dental for group dental insurance,
effective January 1, 2016. (BR)
10. Consider and act upon awarding Bid No. 2015-40-B to Tiseo Paving Co. related to
construction services for the Coleman Street Improvements (Victory Way to SH 289)
project; and authorizing the Town Manager to execute a construction agreement for
same. (MR)
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11. Consider and act upon approving the purchase of lighting and installation services for
the Frontier Park - Southeast Corner, Phase 2 Field Lighting project, from Musco Sports
Lighting, LLC, through the Texas Local Government Purchasing Cooperative. (PN)
12. Conduct an annual review of the Town’s Comprehensive Plan. (JW)
13. EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et seq. Texas
Government Code, as authorized by the Texas Open Meetings Act, to deliberate
regarding:
13a. Section 551.087 – To discuss and consider economic development incentives.
13b. Section 551.072 – To discuss and consider purchase, exchange, lease or value
of real property for municipal purposes and all matters incident and related
thereto.
14. Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
15. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Discuss cancelling the November 24 and December 22 Town Council Meetings.
(RB)
16. Adjourn.
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 October 23, 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.
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Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
The meeting was called to order at 6:01 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Meigs Miller
Deputy Mayor Pro-Tem Curry Vogelsang, Jr. (arrived at 6:12 p.m.)
Councilmember Kenneth Dugger
Councilmember Michael Korbuly
Council Members Absent:
Councilmember Mike Davis
Councilmember Jason Dixon
Staff Members Present:
Harlan Jefferson, Town Manager
Robyn Battle, Town Secretary
Terry Welch, Town Attorney
Hulon Webb, Executive Director of Development and Community Services
John Webb, Development Services Director
Alex Glushko, Senior Planner
Paul Naughton, Landscape Architect
Dan Heischman, Senior Engineer
Matt Richardson, Senior Engineer
Leslie Scott, Library Director
Cheryl Davenport, Finance Director
Ronnie Tucker, Fire Chief
Doug Kowalski, Police Chief
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Jeremy Nottingham of Prestonwood Baptist 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:
Thanks to everyone who participated in National Night Out on October 6th. There were
over 22 block parties registered this year, and the Town Council, Police Department, and
MINUTES
Regular Meeting of the
Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, October 13, 2015
Item 5a
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Fire Department had a great time stopping by to visit with residents. The Town
appreciates the support of the community in keeping our Town safe.
Residents are invited to join the fun at Prosper’s Homecoming Parade, to be held on
Wednesday, October 14th, starting at 5:30 p.m. Coleman will become a one-way
southbound road from Prosper Trail to Broadway at 4:45 p.m. Broadway will be closed
from Church Street to Craig Road at 4:00 p.m. Come see a variety of floats representing
Prosper’s community and school groups at one of the Town’s biggest Fall events. The
parade will be followed by a Pep Rally at the High School.
The Public Works Department is hosting a Composting Course on Monday, October
19th, at the Public Works Office located at 601 W. Fifth Street. Please pre-register by
contacting Tristan Cisco in the Public Works Department.
The Friends of the Prosper Community Library Used Book Sale will be held at the
Library on Saturday, October 24th, from 10:00 a.m. - 3:00 p.m. The Children’s Fall
Event at the library, which will include pumpkin painting, will begin at 11:00 a.m.
4. Presentations
Presentation of Certificates of Appreciation to former members of the Town’s
Boards and Commissions. (RB)
Craig Andres, Leray Meeks, and Craig Moody were present to receive their
certificates.
Presentation of a Scenic City Award to members of the Development and
Community Services Department.
Paul Naughton, Dan Heischman, and Alex Glushko were present to receive the
award.
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)
Regular Meeting – September 22, 2015
Town Council Work Session – September 30, 2015
5b. Consider and act upon authorizing the Town Manager to execute an
Interlocal Agreement for Geographic Information System (GIS) Services
between the Town of Prosper and the City of Frisco. (JW)
Item 5a
Page 3 of 5
5c. Consider and act upon Ordinance No. 15-63 amending 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)
5d. Consider and act upon Ordinance No. 15-64 rezoning 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)
5e. Consider and act upon Ordinance No. 15-65 amending Planned
Development-38 (PD-38), on 83.6± acres, located on the northeast corner of
US 380 and Coit Road. (Z15-0008). (JW)
Councilmember Dugger made a motion and Councilmember Korbuly seconded the
motion to approve all items on the Consent Agenda. The motion was approved by a
vote of 5-0.
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.)
Bruce Carlin, 921 Grapevine Court, Prosper, thanked the Town Council for the
improvements to Preston Road. He also urged the Council to modify the current truck
route ordinance to minimize truck traffic on Prosper Trail.
Mark Wilson, 3B Rhea Mills Circle, Prosper, submitted a Public Meeting Appearance
Card via email regarding a commercial building being build in his neighborhood, but was
not present to speak.
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.)
DEPARTMENT ITEMS:
7. Consider and act upon an ordinance amending Article 1.10, “Code of Ethics,” of
Chapter 1, “General Provisions,” of the Town’s Code of Ordinances by repealing
the existing Code of Ethics and replacing it with a new Code of Ethics. (TW)
Item 5a
Page 4 of 5
Terrence Welch, Town Attorney, presented this item before the Town Council. The
current Code of Ethics warrants review as a result of recent changes in state legislation.
There are two components to the proposed revised Code of Ethics: the definition of
what constitutes a violation, and the process for dealing with complaints. The Town’s
current Code of Ethics has some deficiencies with definitions and the complaint process,
and raises questions of impartiality due to the nature of the investigative process
mandated by the current ordinance. The proposed ordinance more clearly defines
actions that would constitute a violation, relegates investigations of ethics violations to
the municipal court, rather than the Town Council, is a more fair process which
eliminates any question of impartiality, and guarantees due process to any individual
alleged to have violated the Code of Ethics.
Councilmember Korbuly made a motion and Councilmember Dugger seconded the
motion to adopt Ordinance No. 15-66 amending Article 1.10, “Code of Ethics,” of
Chapter 1, “General Provisions,” of the Town’s Code of Ordinances by repealing existing
Article 1.10 and replace it with a new Article 1.10, “Code of Ethics.” The motion was
approved by a vote of 5-0
8. Consider and act upon authorizing the Town Manager to execute a Professional
Engineering Services Agreement between the Town of Prosper, Texas, and Alan
Plummer Associates, Inc., related to the BNSF Pressure Reducing Valve project.
(MR)
Senior Engineer Matt Richardson presented this item before the Town Council. The
proposed Pressure Reducing Valves (PRVs) will reduce pressure in the Town’s water
lines. This project will install a PRV on the 12” water line on Prosper Trail. Mr.
Richardson discussed the terms of the agreement.
Councilmember Dugger made a motion and Councilmember Korbuly seconded the
motion to authorize the Town Manager to execute a Professional Engineering Services
Agreement between the Town of Prosper, Texas, and Alan Plummer Associates, Inc.,
related to the BNSF Pressure Reducing Valve project. The motion was approved by a
vote of 5-0.
9. Discussion on the Lower Pressure Plane Ground Storage Tank and Pump Station
Project. (HW)
Hulon Webb, Executive Director of Development and Community Services, introduced
Jeff Payne, of Freese and Nichols to discuss site options for the Lower Pressure Plan
Ground Storage Tank and Pump Station. At the September 22, 2015, Town Council
meeting, Town staff was given direction to pursue Option 2 near Richland Boulevard
west of Prosper Commons Boulevard, and Option 3 near Richland Boulevard east of
Coit Road. Mr. Payne provided photo examples of buried tanks, similar to what is
proposed for the two potential site options. He then provided cost estimate for both
options, and responded to questions from the Town Council. The consensus from the
Town Council was to pursue Option 2, since there is better access to the site already in
place, and the site is closer to the west side of Town.
Item 5a
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10. 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:
10a. Section 551.087 – To discuss and consider economic development
incentives.
10b. Section 551.072 – To discuss and consider purchase, exchange, lease or
value of real property for municipal purposes and all matters incident and
related thereto.
The Town Council recessed into Executive Session at 6:53 p.m.
Mayor Smith left the Executive Session at 8:15 p.m.
11. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Town Council reconvened the Regular Session at 8:27 p.m.
12. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
The Town Council directed staff to research the truck route ordinance as it pertains to
Prosper Trail.
13. Adjourn.
The meeting was adjourned at 8:30 p.m. on Tuesday, October 13, 2015.
These minutes approved on the 27th day of October, 2015.
APPROVED:
Ray Smith, Mayor
ATTEST:
Robyn Battle, Town Secretary
Item 5a
Page 1 of 1
To: Mayor and Town Council
From: Harlan Jefferson, Town Manager
Re: Town Council Meeting – October 27, 2015
Agenda Item:
Consider and act upon a resolution accepting and approving the 2015 Tax Roll.
Description of Agenda Item:
The Texas Property Tax Code, Section 26.09 (e) requires the Town Council to approve the
Appraised Roll with tax amounts entered by the Assessor. The Collin County Tax Assessor
Collector provided the attached 2014 Tax Roll Summary with a total levy of $11,594,882.67.
Although the enclosed document is titled “Collin County,” this refers to the Tax Assessor
Collector, who performs tax collection for Prosper properties in both Collin and Denton
Counties.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached resolution as to form
and legality. Council approval of this resolution is required by the Texas Property Tax Code,
Section 26.09 (e).
Attached Documents:
1. Resolution
Town Staff Recommendation:
Town staff recommends that the Town Council approve the resolution approving the 2015 Tax
Roll as provided by the Assessor.
Recommended Motion:
I move to approve the resolution accepting and approving the 2015 Tax Roll.
Prosper is a place where everyone matters.
TOWN MANAGER’S
OFFICE
Item 5b
TOWN OF PROSPER, TEXAS RESOLUTION NO. 15-___
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS,
ACCEPTING AND APPROVING THE 2015 TAX ROLL; RESOLVING OTHER MATTERS
RELATING TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 26.09(e) of the Texas Property Tax Code requires the Town Council to
approve the Tax Roll; and
WHEREAS, the Town received notification from the Collin County Tax Assessor Collector as
to the Tax Roll jurisdiction summary as of October 1, 2015, and
WHEREAS, a summary statement of said 2015 Tax Roll is attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All matters stated in the preamble of this Resolution are true and correct and are hereby
incorporated into the body of this Resolution as if copied in their entirety.
SECTION 2
The Town Council of the Town of Prosper, Texas, does hereby accept and approve the 2015
Tax Roll as submitted by the Collin County Tax Assessor Collector.
SECTION 3
The attached Exhibit A constitutes the official Town of Prosper 2015 Tax Roll, containing a tax
levy of $11,594,882.67.
SECTION 4
This Resolution is effective on the date of passage by the Town Council.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 27TH DAY OF OCTOBER, 2015.
___________________________________
Ray Smith, Mayor
ATTEST:
____________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
____________________________________
Terrence S. Welch, Town Attorney
Item 5b
Item 5b
Item 5b
Page 1 of 1
To: Mayor and Town Council
From: Cheryl Davenport, Finance Director
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – October 27, 2015
Agenda Item:
Consider and take action upon a resolution expressing official intent to reimburse costs of Town
capital improvement program projects that may be funded with proceeds of bonds or other
obligations, if those costs are paid prior to the issuance of such bonds or other obligations.
Description of Agenda Item:
The attached resolution allows the Town to pay for the projects listed in the Fiscal Year 2015-
2016 CIP, including costs associated with the construction of street improvements ($571,184),
park improvements ($8,686,225), design and construction of a town hall/multi-purpose facility
($1,450,000), storm drainage system improvements ($2,370,000), and the related infrastructure
improvements. The resolution provides for up to $13,077,409 in capital project expenditures.
Budget Impact:
The reimbursement resolution itself has no budget impact; repayment of the expenditures will
be included in the debt service portion of the tax rate after the bonds are issued. Initial funding
for the work will come from the Capital Projects Fund.
Legal Obligations and Review:
Dan Culver of McCall, Parkhurst and Horton, the Town’s bond counsel, reviewed the resolution
as to form and legality.
Attached Documents:
1. Resolution
2. Fiscal Year 2015-2016 CIP
Town Staff Recommendation:
Town staff recommends the Town Council approve the reimbursement resolution.
Recommended Motion:
I move to approve the resolution expressing official intent to reimburse costs of Town capital
improvement program projects that may be funded with proceeds of bonds or other obligations,
if those costs are paid prior to the issuance of such bonds or other obligations.
Prosper is a place where everyone matters.
FINANCE
Item 5c
TOWN OF PROSPER, TEXAS RESOLUTION NO. 15-__
RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE COSTS
OF TOWN FISCAL YEAR 2015-2016 CAPITAL IMPROVEMENT PROGRAM
PROJECTS
WHEREAS, the Town of Prosper, Texas (the "Issuer") is a duly created governmental
body of the State of Texas; and
WHEREAS, the Issuer expects to pay, or have paid on its behalf, expenditures in
connection with the design, planning, acquisition and construction of portions of its Fiscal Year
2015-2016 capital improvement program projects, including costs associated with the
construction of street improvements, park improvements, design and construction of a town
hall/multi-purpose facility, storm drainage system improvements, and the related infrastructure
improvements (collectively, the "Project") prior to the issuance of tax-exempt obligations, tax-
credit obligations and/or obligations for which a prior expression of intent to finance or refinance
is required by Federal or state law (collectively and individually, the "Obligations") to finance the
Project; and
WHEREAS, the Issuer finds, considers, and declares that the reimbursement for the
payment of such expenditures will be appropriate and consistent with the lawful objectives of the
Issuer and, as such, chooses to declare its intention to reimburse itself for such payments at
such time as it issues Obligations to finance the Project;
THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The Issuer reasonably expects to incur debt, as one or more series of Obligations, with
an aggregate maximum principal amount equal to $13,077,409 for the purpose of paying the
costs of the Project.
SECTION 2
All costs to be reimbursed pursuant hereto will be capital expenditures. No Obligations
will be issued by the Issuer in furtherance of this Statement after a date which is later than 18
months after the later of (1) the date the expenditures are paid, or (2) the date on which the
property, with respect to which such expenditures were made, is placed in service.
SECTION 3
The foregoing notwithstanding, no Obligation will be issued pursuant to this Statement
more than three years after the date any expenditure which is to be reimbursed is paid.
SECTION 4
. The foregoing Sections 2 and 3 notwithstanding, all costs to be reimbursed with qualified
tax credit obligations shall not be paid prior to the date hereof and no tax credit obligations shall
be issued after 18 months of the date the original expenditure is made.
Item 5c
Resolution No. 15-___, Page 2
SECTION 5
. To evidence the adoption of this Resolution on this, the 27th day of October, 2015 by the
Town Council of the Issuer, the signatures of the Town Secretary and Mayor are set forth below.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, THIS 27TH DAY OF OCTOBER, 2015.
_________________________________
Ray Smith, Mayor
ATTEST:
___________________________________
Robyn Battle, Town Secretary
Item 5c
Total Issued Debt Unissued Debt Unissued Debt Reimbursement
Prior Yrs 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 2019-2025 Cost Authorized Authorized Unauthorized Resolution 2015-2016 2016-2017 2017-2018 2018-2019 2019-2025
01 Church Street (First - PISD) 850,000 850,000 838,816 11,184 11,184 01
02 Coleman Street (at Prosper HS) 850,000 850,000 425,000 B 425,000 425,000 02
03 1405-ST Coleman Street (Prosper Trail - Preston) 319,100 3,027,993 1,052,907 4,400,000 3,900,000 A,B,K 500,000 03
04 Custer Road Turn Lanes @ Prosper Trail 100,000 100,000 100,000 A 04
05 DNT Southbound Braided Ramp 4,000,000 4,000,000 4,000,000 J 05
06 DNT Southbound Frontage Road 9,500,000 9,500,000 9,500,000 J.X 06
07 1412-ST Downtown Enhancements (Broadway - Main) 60,000 490,000 550,000 550,000 D 07
08 Eighth Street (Church - PISD Admin) 160,000 160,000 160,000 160,000 08
09 Field Street (Third - Broadway) 41,000 41,000 41,000 41,000 09
10 1512-ST First Street (DNT - Coleman) 550,000 7,650,000 8,200,000 550,000 A 7,650,000 7,650,000 10
11 First Street (Townlake - Custer) 420,000 420,000 420,000 420,000 11
12 Fishtrap Road (Artesia - Dallas Parkway) 820,000 820,000 820,000 D 12
13 Frontier Parkway (BNSF Overpass) 3,650,000 3,650,000 3,650,000 A 365,000 13
14 Gates of Prosper Road Improvements, Phase 1 2,000,000 2,000,000 2,000,000 X 14
15 Gates of Prosper Road Improvements, Phase 2 500,000 500,000 500,000 X 15
16 Gates of Prosper Road Improvements, Phase 3 15,200,000 15,200,000 15,200,000 X 16
17 Gates of Prosper Road Improvements, Phase 4 7,500,000 7,500,000 7,500,000 X 17
18 Main Street (Broadway - First) 181,000 181,000 130,004 50,996 50,996 18
19 1513-ST Old Town Streets 2015 (Broadway, Fifth, McKinley) 1,044,000 1,044,000 904,000 140,000 140,000 19
20 Parvin Road (Good Hope - FM 1385) 270,000 270,000 270,000 270,000 20
21 Pasewark (Preston - End) 280,000 280,000 280,000 280,000 21
22 1511-ST Prosper Trail (Kroger - Coit) 305,000 3,975,000 4,280,000 305,000 A 3,975,000 3,975,000 22
23 1414-ST Prosper Trail (Kroger) 1,090,000 1,090,000 1,090,000 A 23
24 1415-ST Teel Parkway (DCFWSD #10) 2,600,000 2,600,000 2,600,000 A,X 24
25 1507-ST West Prosper Road Improvements 12,531,000 12,531,000 8,266,000 B,C 4,265,000 25
Unassigned - 2011 Prop 5 GO Bonds 5,453,254 5,453,254 5,453,254 5,453,254
379,100 8,482,993 22,047,907 10,432,000 850,000 0 44,278,254 86,470,254 60,956,000 6,637,820 6,826,434 12,050,000 365,000 571,184 801,996 425,000 0 17,078,254
Total Issued Debt Unissued Debt Unissued Debt Reimbursement
Prior Yrs 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 2019-2025 Cost Authorized Authorized Unauthorized Resolution 2015-2016 2016-2017 2017-2018 2018-2019 2019-2025
01 Median Lighting - Coit Road (US 380 - First)400,000 400,000 400,000 D 01
02 Median Lighting - First Street (Craig - Coit)575,000 575,000 575,000 D 02
03 Median Lighting - Prosper Trail (Dallas Pkwy - Preston)750,000 750,000 750,000 D 03
04 Traffic Signal - Coit Rd & First St 220,000 220,000 220,000 A 04
05 Traffic Signal - Coit Rd & Richland Blvd 220,000 220,000 220,000 A 05
06 Traffic Signal - Dallas Pkwy & Prosper Tr 200,000 200,000 200,000 A 06
07 US380 Illuminated Street Signs 25,000 25,000 25,000 D 07
0 0 0 665,000 0 0 1,725,000 2,390,000 2,390,000 0 0 0 0 0 0 0 0 0
A Impact Fees
B Grant and Interlocal Funds
C Developer Agreements
D General Fund
E Water / Wastewater Fund
F Stormwater Drainage Fund
G Park Development Fund
H TIRZ #1
J TIRZ #2
K Escrows
X Non-Cash Contributions
Z Other Sources (See Detail)
01Summary of Capital Improvement Program - 09/22/2015
Description Codes - Other Sources IndexIndexUnissued Debt Schedule
Unissued Debt Schedule
General Fund Projects
IndexStreet Projects
Project Schedule
Subtotal IndexTraffic Projects
Project Schedule Funding Sources
Other
Sources
Funding Sources
Subtotal
Other
Sources
Item 5c
Total Issued Debt Unissued Debt Unissued Debt Reimbursement
Prior Yrs 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 2019-2025 Cost Authorized Authorized Unauthorized Resolution 2015-2016 2016-2017 2017-2018 2018-2019 2019-2025
01 1303-PK Cockrell Park 90,000 643,000 733,000 90,000 G 643,000 643,000 01
02 Frontier Park - North Field Improvements 9,536,225 9,536,225 850,000 B,G 8,686,225 8,686,225 02
03 Frontier Park - Parking Improvements 2016 450,000 450,000 450,000 G 03
04 Frontier Park - Southeast Corner Field Lighting Phase 2 600,000 600,000 600,000 G 04
05 Hike & Bike Trails 750,000 750,000 750,000 750,000 05
06 Pecan Grove Irrigation 100,000 75,000 175,000 175,000 D 06
07 Preston Lakes Playground 90,000 90,000 90,000 G 07
08 1417-PK Richland Boulevard Median Landscaping 5,000 170,000 175,000 5,000 D 170,000 170,000 08
09 Sexton Farms Park, Phase I 12,000,000 12,000,000 12,000,000 12,000,000 09
Unassiged - 2011 Prop 4 GO Bonds 400,000 400,000 400,000 400,000 00
195,000 0 10,676,225 75,000 643,000 0 13,320,000 24,909,225 2,260,000 0 9,836,225 12,813,000 0 8,686,225 0 643,000 0 13,320,000
Total Issued Debt Unissued Debt Unissued Debt Reimbursement
Prior Yrs 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 2019-2025 Cost Authorized Authorized Unauthorized Resolution 2015-2016 2016-2017 2017-2018 2018-2019 2019-2025
01 Central Fire Station, Phase II 850,000 850,000 850,000 850,000 01
02 Cook Lane Fire Station (station,training,admin,EOC)14,670,000 14,670,000 14,670,000 14,670,000 02
03 Gentle Creek Fire Station 5,625,000 5,625,000 5,625,000 5,625,000 03
04 Library Facility 6,000,000 6,000,000 6,000,000 6,000,000 04
05 Parks and Recreation Maintenance Building 5,450,000 5,450,000 450,000 5,000,000 5,450,000 05
06 Police Station 7,000,000 7,000,000 1,000,000 6,000,000 7,000,000 06
07 Public Works Complex 5,450,000 5,450,000 450,000 5,000,000 5,450,000 07
08 Recreation Center 1,500,000 13,500,000 15,000,000 15,000,000 1,500,000 13,500,000 08
09 Senior Facility 5,000,000 5,000,000 5,000,000 5,000,000 09
10 1402-FC Town Hall - Professional Services 50,000 200,000 1,300,000 1,550,000 1,250,000 300,000 1,250,000 1,450,000 100,000 10
11 1601-FC Town Hall - Construction 10,000,000 8,813,000 18,813,000 18,813,000 9,175,000 5,000,000 4,638,000 11
12 Town Hall - Furniture, Fixtures, and Equipment 1,362,000 1,362,000 1,362,000 1,362,000 12
13 1514-ST Town Hall - Offsite Infrastructure 1,275,000 1,275,000 1,275,000 1,275,000 13
14 1401-FC Windsong Ranch Fire Station 300,000 6,996,000 204,000 7,500,000 1,837,000 D 5,663,000 14
15 1308-EQ Windsong Ranch Fire Station - Apparatus 815,000 263,000 1,078,000 1,078,000 D 15
350,000 7,196,000 13,594,000 10,175,000 263,000 1,500,000 63,545,000 96,623,000 2,915,000 5,663,000 3,150,000 84,895,000 1,250,000 1,450,000 10,550,000 5,000,000 7,500,000 63,545,000
924,100 15,678,993 46,318,132 21,347,000 1,756,000 1,500,000 122,868,254 210,392,479 68,521,000 12,300,820 19,812,659 109,758,000 1,615,000 10,707,409 11,351,996 6,068,000 7,500,000 93,943,254
A Impact Fees
B Grant and Interlocal Funds
C Developer Agreements
D General Fund
E Water / Wastewater Fund
F Stormwater Drainage Fund
G Park Development Fund
H TIRZ #1
J TIRZ #2
K Escrows
X Non-Cash Contributions
Z Other Sources (See Detail)
Description Codes - Other Sources IndexIndexUnissued Debt Schedule
Subtotal IndexPark Projects
IndexSources
Subtotal
Grand Total General Fund
Facility Projects
Project Schedule Funding Sources
Other
Unissued Debt Schedule
Project Schedule Funding Sources
General Fund Projects 02Summary of Capital Improvement Program - 09/22/2015
Other
Sources
Item 5c
Total Issued Debt Unissued Debt Unissued Debt Reimbursement
Prior Yrs 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 2019-2025 Cost Authorized Authorized Unauthorized Resolution 2015-2016 2016-2017 2017-2018 2018-2019 2019-2025
01 1508-WA BNSF Railroad PRV's 50,000 532,200 582,200 582,200 01
02 County Line Elevated Storage Tank 937,500 4,687,200 5,624,700 5,624,700 937,500 4,687,200 02
03 Gates of Prosper Water Improvements, Phase 1 470,000 470,000 470,000 X 03
04 Gates of Prosper Water Improvements, Phase 2 1,625,000 1,625,000 1,625,000 X 04
05 Gates of Prosper Water Improvements, Phase 3 900,000 900,000 900,000 X 05
06 Gates of Prosper Water Improvements, Phase 4 2,125,000 2,125,000 2,125,000 X 06
07 1501-WA Lower Pressure Plane Pump Station and Transmission Line 185,100 1,655,000 15,456,800 17,296,900 1,782,081 A 58,019 15,456,800 15,456,800 07
08 0407-WA Prosper Trail EST 517,300 4,403,300 4,920,600 4,403,300 A 517,300 08
0 1,222,400 6,590,500 15,456,800 0 937,500 9,337,200 33,544,400 11,305,381 1,157,519 0 21,081,500 0 0 15,456,800 0 937,500 4,687,200
Total Issued Debt Unissued Debt Unissued Debt Reimbursement
Prior Yrs 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 2019-2025 Cost Authorized Authorized Unauthorized Resolution 2015-2016 2016-2017 2017-2018 2018-2019 2019-2025
01 Doe Branch Parallel Interceptor (2018)5,177,341 5,177,341 5,177,341 5,177,341 01
02 Doe Branch WWTP 1.5 MGD Expansion (2018)20,259,159 20,259,159 20,259,159 20,259,159 02
03 Doe Branch WWTP 1.5 MGD Expansion (2024)24,190,495 24,190,495 24,190,495 24,190,495 03
04 Gates of Prosper Wastewater Improvements, Phase 1 5,700,000 5,700,000 5,700,000 X 04
05 Gates of Prosper Wastewater Improvements, Phase 2 320,000 320,000 320,000 X 05
06 Gates of Prosper Wastewater Improvements, Phase 3 180,000 180,000 180,000 X 06
07 La Cima #1 Interceptor (Frisco)245,000 245,000 245,000 E 07
08 La Cima #2 Interceptor (Coit - First)465,000 465,000 465,000 A 08
09 Matthew Southwest Wastewater Improvements 2,500,000 2,500,000 2,500,000 X 09
10 Public Works Interceptor 800,000 800,000 800,000 A 10
11 Public Works WWTP Decommission 900,000 900,000 900,000 900,000 11
0 5,700,000 3,765,000 245,000 0 26,336,500 24,690,495 60,736,995 10,210,000 0 0 50,526,995 0 0 0 0 26,336,500 24,190,495
Total Issued Debt Unissued Debt Unissued Debt Reimbursement
Prior Yrs 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 2019-2025 Cost Authorized Authorized Unauthorized Resolution 2015-2016 2016-2017 2017-2018 2018-2019 2019-2025
01 Amberwood Farms 32,000 32,000 32,000 01
02 Coleman Street Channel Improvements 17,500 282,500 300,000 17,500 F 282,500 282,500 02
03 Lakes of LaCima Outfall 60,000 60,000 60,000 03
04 Old Town Drainage - Church & Parvin Drainage Impr.500,000 500,000 40,000 F 190,000 270,000 270,000 04
05 Old Town Drainage - Detention Pond Improvements 1,000,000 1,000,000 1,000,000 1,000,000 05
06 Old Town Drainage - Fifth Street Trunk Main 400,000 400,000 400,000 400,000 06
07 Old Town Drainage - First & Main Trunk Main 800,000 800,000 800,000 800,000 07
08 Old Town Drainage - Hawk Ridge Channel Improvements 165,000 165,000 165,000 F,X 08
09 Old Town Drainage - McKinley & Broadway Trunk Main 600,000 600,000 600,000 600,000 09
10 Old Town Regional Detention - Land Acquisition 1,500,000 1,500,000 1,500,000 1,500,000 10
0 225,000 2,649,500 1,082,500 400,000 1,000,000 0 5,357,000 222,500 282,000 0 4,852,500 0 2,370,000 1,082,500 400,000 1,000,000 0
0 7,147,400 13,005,000 16,784,300 400,000 28,274,000 34,027,695 99,638,395 21,737,881 1,439,519 0 76,460,995 0 2,370,000 16,539,300 400,000 28,274,000 28,877,695
A Impact Fees
B Grant and Interlocal Funds
C Developer Agreements
D General Fund
E Water / Wastewater Fund
F Stormwater Drainage Fund
G Park Development Fund
H TIRZ #1
J TIRZ #2
K Escrows
X Non-Cash Contributions
Z Other Sources (See Detail)
Description Codes - Other Sources IndexIndexIndexIndexWater Projects
Project Schedule Funding Sources Unissued Debt Schedule
IndexDrainage Projects
Project Schedule Funding Sources
Unissued Debt Schedule
Other
03
Project Schedule Funding Sources
Summary of Capital Improvement Program - 09/22/2015
Enterprise Fund Projects
IndexOther
Sources
Sources
Subtotal
Subtotal
Unissued Debt Schedule
Other
Sources
Subtotal
Grand Total Enterprise Funds
Wastewater Projects
Item 5c
Total Issued Debt Unissued Debt Unissued Debt Reimbursement
Prior Yrs 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 2019-2025 Cost Authorized Authorized Unauthorized Resolution 2015-2016 2016-2017 2017-2018 2018-2019 2019-2025
924,100 15,678,993 46,318,132 21,347,000 1,756,000 1,500,000 122,868,254 210,392,479 68,521,000 12,300,820 19,812,659 109,758,000 1,615,000 10,707,409 11,351,996 6,068,000 7,500,000 93,943,254
0 7,147,400 13,005,000 16,784,300 400,000 28,274,000 34,027,695 99,638,395 21,737,881 1,439,519 0 76,460,995 0 2,370,000 16,539,300 400,000 28,274,000 28,877,695
924,100 22,826,393 59,323,132 38,131,300 2,156,000 29,774,000 156,895,949 310,030,874 90,258,881 13,740,339 19,812,659 186,218,995 1,615,000 13,077,409 27,891,296 6,468,000 35,774,000 122,820,949
04
Index Grand Total Capital Improvement Program
Funding Sources Unissued Debt Schedule
Other
Sources
General Fund
Summary of Capital Improvement Program - 09/22/2015
Capital Improvement Program Summary
Enterprise Funds
Capital Improvement Program Summary
Project Schedule
Item 5c
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 – October 27, 2015
Agenda Item:
Consider and act upon approving the purchase of three pick-up trucks for the Building
Inspections Division, from Caldwell Country Chevrolet, through the Texas Local Government
Purchasing Cooperative; and two chassis with flat bed trucks for the Streets Division, from
Chastang Ford, through the Houston-Galveston Area Council (HGAC) Cooperative Purchasing
Program.
Description of Agenda Item:
The following items are on the list of approved replacements for the FY 2015-2016 Vehicle
Equipment Replacement Program:
Two 2016 Ford F-150 Regular Cab Pick-Up Trucks (Replacing Units 1302 and 1303)
The following items are approved FY 2015-2016 supplemental requests:
One 2016 Ford F-150 Regular Cab Pick-Up Truck (Building Inspections, Building
Inspector II position)
One 2016 Ford F-250 Chassis with Flat Bed (Streets Division, Crew Leader position)
One 2016 Ford F-350 Chassis with Flat Bed (Streets Division, Emergency Sanding
Equipment)
The 2016 Ford F-150 pick-up trucks will be purchased from Caldwell Country Chevrolet, through
the Texas Local Government Purchasing Program. The chassis with flat bed trucks will be
purchased from Chastang Ford, through the HGAC Cooperative Purchasing Program.
Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government
Code, Chapter 791, to enter into joint contracts and agreements for the performance of
governmental functions and services, including administrative functions normally associated
with the operation of government (such as purchasing necessary materials and equipment).
The Town of Prosper entered into an interlocal participation agreement in June 2005, providing
the Town’s participation in the Texas Local Government Purchasing Cooperative. Participation
in the cooperative purchasing program allows our local government to purchase goods and
services from the cooperative’s online purchasing system, BuyBoard, while satisfying all
competitive bidding requirements.
Prosper is a place where everyone matters.
FINANCE
Item 5d
Page 2 of 2
Additionally, the Town of Prosper and HGAC entered into an interlocal agreement, effective
January 4, 2001, which allows our local government to purchase certain goods or services
through HGAC. The agreement renews automatically each fiscal year, unless cancelled by
either party.
Budget Impact:
The total price for the purchase of three pick-up trucks is $58,720, and the total price for the
purchase of two chassis with flat bed trucks is $80,465. Funding will be as follows:
Public Works Budget Purchase Price Difference
Approved Supplemental Requests $ 83,000 $ 80,465 $ 2,535
Building Inspections Budget Purchase Price Difference
Approved Supplemental Requests $ 21,000 $ 19,573 $ 1,427
Approved Replacements (VERF) $ 40,000 $ 39,147 $ 853
Grand Total $ 144,000 $ 139,185 $ 4,815
Attached Documents:
1. Caldwell Country Chevrolet Quote - Three 2016 Ford F-150 Regular Cab Pick-Up Trucks
2. Chastang Ford Quote - One 2016 Ford F-350 Chassis with Flat Bed
3. Chastang Ford Quote - One 2016 Ford F-550 Chassis with Flat Bed
Town Staff Recommendation:
Town staff recommends approval of the purchase of three pick-up trucks for the Building
Inspections Division, from Caldwell Country Chevrolet, through the Texas Local Government
Purchasing Cooperative; and two chassis with flat bed trucks for the Streets Division, from
Chastang Ford, through the Houston-Galveston Area Council (HGAC) Cooperative Purchasing
Program.
Proposed Motion:
I move to approve the purchase of three pick-up trucks for the Building Inspections Division,
from Caldwell Country Chevrolet, through the Texas Local Government Purchasing
Cooperative; and two chassis with flat bed trucks for the Streets Division, from Chastang Ford,
through the Houston-Galveston Area Council (HGAC) Cooperative Purchasing Program.
Item 5d
QUOTE# 00A-SHORT BOX CONTRACT PRICING WORKSHEET
End User: TOWN OF PROSPER Contractor: CALDWELL COUNTRY
Contact Name: JANUARY COOK CALDWELL COUNTRY
Email: JANUARY_COOK@PROSPERTX.GOV Prepared By: Averyt Knapp
Phone #: 972-569-1018 Email:
aknapp@caldwellcountry.com
Fax #: 972-347-3579 Phone #: 800-299-7283 or 979-
567-6116
Location City & State: PROSPER, TX Fax #: 979-567-0853
Date Prepared: OCTOBER 23, 2015 Address: P. O. Box 27,
Caldwell, TX 77836
Contract Number: BUY BOARD #430-13 Tax ID # 14-1856872
Product Description: 2016 CHEVROLET 1500 SILVERADO 4X2 REG CAB CC15703
A Base Price & Options: $19,440
B Fleet Quote Option
Code Description Cost Code Description Cost
4X2-REGULAR CAB,
4.3L-V6, 6-SPD
AUTOMATIC, AIR
CONDITION, AMFM-
STEREO, 40-20-40
VINYL BENCH, FULL
RUBBER FLOOR TILT,
CRUISE, POWER DOOR
LOCKS, 6.5’ BED,
REAR STEP BUMPER
INCL
GM WARRANTY
5YR/100,000 MILES
POWERTRAIN @ N/C
INCL CALDWELL COUNTRY
PO BOX 27
CALDWELL,TEXAS 77836
Subtotal B
INCL
C Unpublished Options
Code Description Cost Code Description Cost
Subtotal C
D Other Price Adjustments (Installation, Delivery, Etc…)
Subtotal D
INCL
E Unit Cost Before Fee & Non-Equipment Charges(A+B+C+D)$19,440
Quantity Ordered
X
3
Attachment 1
Subtotal E
$58,320
F Non-Equipment Charges (Trade-In, Warranty, Etc…)
BUY BOARD $400
G. Color of Vehicle: WHITE EXTERIOR
H. Total Purchase Price (E+F) $58,720
Estimated Delivery
Date:
60-90 DAYS APPX
Attachment 1
Contract
No.:AM 10-14 Date
Prepared:10/16/2015
Buying
Agency:Contractor:
Contact
Person:
Prepared
By:
Phone:Phone:
Fax:Fax:
Email:Email:
Product
Code:GC02 Description:
28,987
Cost Cost
INCL
INCL
INCL
INCL
INCL
CONTRACT PRICING WORKSHEET
For MOTOR VEHICLES Only
DISASTER RESPONSE UNIT
A. Product Item Base Unit Price Per Contractor's H-GAC Contract:
713-678-5001
This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents
MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly.
TOWN OF PROSPER
JANUARY COOK
972-569-1018
january_cook@prospertx.gov
CHASTANG FORD
ED MILLER
713-678-5007
B. Published Options - Itemize below - Attach additional sheet(s) if necessary - Include Option Code in description if applicable.
(Note: Published Options are options which were submitted and priced in Contractor's bid.)
emiller@chastangford.com
Description
CREW CAB UPGRADE
`
SPARE TIRE/WHEEL
Description
BRAKE CONTROLLER
6.2L V-8
44W- 6 SPEED AUTO TRANS
240
Subtotal B: 240
Cost Cost
1133
218
Subtotal C: 1351
5%
1 30578 = Subtotal D: 30578
Subtotal E: 1000
Cost Cost
Subtotal F: 0
31578G. Total Purchase Price (D+E+F): Delivery Date: 150 DAYS
FRT1 - DELIVER TO CUSTOMER Subtotal From Additional Sheet(s):
Quantity Ordered:
For this transaction the percentage is: Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit
Price plus Published Options (A+B).
Description Description
E. H-GAC Order Processing Charge (Amount Per Current Policy)
D. Total Cost Before Any Applicable Trade-In / Other Allowances / Discounts (A+B+C)
F. Trade-Ins / Other Allowances / Special Discounts / Freight / Installation
X Subtotal of A + B + C:
FLR1 - FLOOR PLAN INT DURING UPFIT 30X8 Subtotal From Additional Sheet(s):
12'FB - UPGRADE TO 12' FLATBED
Description Description
C. Unpublished Options - Itemize below / attach additional sheet(s) if necessary.
(Note: Unpublished options are items which were not submitted and priced in Contractor's bid.)
Attachment 2
Contract
No.:HT06-14 Date
Prepared:9/14/2015
Buying
Agency:Contractor:
Contact
Person:
Prepared
By:
Phone:Phone:
Fax:Fax:
Email:Email:
Product
Code:DC2 Description:
29,409
Cost Cost
347 4530
2795
7055
125
1095
325
997 - 6.7L POWERSTROKE DIESEL
68M - 19500LB GVWR
44W- 6 SPEED AUTO TRANS
B. Published Options - Itemize below - Attach additional sheet(s) if necessary - Include Option Code in description if applicable.
(Note: Published Options are options which were submitted and priced in Contractor's bid.)
emiller@chastangford.com
Description
201WB - 201" WHEELBASE GFB1 - GENERAL 12' X 96" FLATBED
512 - SPARE TIRE/WHEEL
F4H - 4 WHEEL DRIVE UPGRADE
Description
CONTRACT PRICING WORKSHEET
For MOTOR VEHICLES Only
2016 FORD F550
A. Product Item Base Unit Price Per Contractor's H-GAC Contract:
713-678-5001
This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents
MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly.
TOWN OF PROSPER
JANUARY COOK
972-569-1018
january_cook@prospertx.gov
CHASTANG FORD
ED MILLER
713-678-5007
35
325
275
325
240
Subtotal B: 17472
Cost Cost
788
218
Subtotal C: 1006
2%
1 47887 = Subtotal D: 47887
Subtotal E: 1000
Cost Cost
Subtotal F: 0
48887
61J - JACK
16'FB - UPGRADE TO 16' FLATBED
X8L - 4.88 LIMITED SLIP AXLE
Description Description
C. Unpublished Options - Itemize below / attach additional sheet(s) if necessary.
(Note: Unpublished options are items which were not submitted and priced in Contractor's bid.)
58D - SPECIAL WIRING HARNESS
FP1 - FRAME PREP FOR BODY INSTALL
FLR1 - FLOOR PLAN INT DURING UPFIT 30X8 Subtotal From Additional Sheet(s):
E. H-GAC Order Processing Charge (Amount Per Current Policy)
D. Total Cost Before Any Applicable Trade-In / Other Allowances / Discounts (A+B+C)
F. Trade-Ins / Other Allowances / Special Discounts / Freight / Installation
X Subtotal of A + B + C:
G. Total Purchase Price (D+E+F): Delivery Date: 150 DAYS
FRT1 - DELIVER TO CUSTOMER Subtotal From Additional Sheet(s):
Quantity Ordered:
For this transaction the percentage is: Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit
Price plus Published Options (A+B).
Description Description
Attachment 3
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 – October 27, 2015
Agenda Item:
Consider and act upon approving the purchase of two fire engines, from Siddons-Martin
Emergency Group, through the Houston-Galveston Area Council (HGAC) Cooperative
Purchasing Program, and a pre-payment discount option.
Description of Agenda Item:
The fire engines will be purchased from Siddons-Martin Emergency Group, through the HGAC
Cooperative Purchasing Program. The cost per unit is $596,816.99, plus the HGAC processing
fee of $2,000, for a total expenditure of $1,195,633.99. A chassis pre-payment discount of
$16,635.99 has been offered, which would reduce the total expenditure to $1,178,998.00. If the
pre-payment discount is elected, $554,540.00 would be due at the time of order.
One fire engine is on the list of approved replacements for the FY 2015-2016 Vehicle
Equipment Replacement Program, and the other fire engine is an approved addition to the fleet,
included in the Capital Improvement Program as Windsong Ranch Fire Station - Apparatus.
Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government
Code, Chapter 791, to enter into joint contracts and agreements for the performance of
governmental functions and services, including administrative functions normally associated
with the operation of government (such as purchasing necessary materials and equipment).
The Town of Prosper and HGAC entered into an interlocal agreement, effective January 4,
2001, which allows our local government to purchase certain goods or services through HGAC.
The agreement renews automatically each fiscal year, unless cancelled by either party.
Budget Impact:
The total price for the purchase of two fire engines, including the pre-payment discount, is
$1,178,998.00. The purchase price is for the fire engines only. The remaining funds will be
utilized to outfit the fire engines with additional equipment. Funding will be as follows:
CIP Budget Purchase Price Difference
Windsong Ranch Fire Station - Apparatus $ 815,000.00 $ 589,499.00 $ 225,501.00
Fire Department Budget Purchase Price Difference
Approved Replacement (VERF) $ 800,000.00 $ 589,499.00 $ 210,501.00
Grand Total $ 1,615,000.00 $ 1,178,998.00 $ 436,002.00
Prosper is a place where everyone matters.
FINANCE
Item 5e
Page 2 of 2
Attached Documents:
1. HGAC Contract Pricing Worksheet
2. HGAC Contract Pricing Verification
Town Staff Recommendation:
Town staff recommends approval of the purchase of two fire engines, from Siddons-Martin
Emergency Group, through the Houston-Galveston Area Council (HGAC) Cooperative
Purchasing Program, and a pre-payment discount option.
Proposed Motion:
I move to approve the purchase of two fire engines, from Siddons-Martin Emergency Group,
through the Houston-Galveston Area Council (HGAC) Cooperative Purchasing Program, and a
pre-payment discount option.
Item 5e
Contract
No.:FS12-13 Date
Prepared:10/01/15
Buying
Agency:Contractor:
Contact
Person:
Prepared
By:
Phone:Phone:
Fax:Fax:
Email:Email:
Product
Code:UC05 Description:
$316,530.00
Cost Cost
B. Published Options - Itemize below - Attach additional sheet(s) if necessary - Include Option Code in description if applicable.
(Note: Published Options are options which were submitted and priced in Contractor's bid.)
jdoran@sidons-martin.com
DescriptionDescription
CONTRACT PRICING WORKSHEET
For MOTOR VEHICLES Only
Pierce Impel PUC Pumper
A. Product Item Base Unit Price Per Contractor's H-GAC Contract:
(972) 347-3010
This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST
be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly.
Prosper Fire Department
Asst. Chief Stuart Blasingame
(972) 347-2424
Siddons-Martin Emergency Group
$235,705.00
Subtotal B: $235,705.00
Cost Cost
$44,582.00
Subtotal C: $44,582.00
8.07%
2 596816.9962 = Subtotal D: $1,193,633.99
Subtotal E: $2,000.00
Cost Cost
-$16,636.00
$0.01
Subtotal F: -$16,635.99
$1,178,998.00
Description Description
C. Unpublished Options - Itemize below / attach additional sheet(s) if necessary.
(Note: Unpublished options are items which were not submitted and priced in Contractor's bid.)
Subtotal From Additional Sheet(s):
E. H-GAC Order Processing Charge (Amount Per Current Policy)
D. Total Cost Before Any Applicable Trade-In / Other Allowances / Discounts (A+B+C)
F. Trade-Ins / Other Allowances / Special Discounts / Freight / Installation
X Subtotal of A + B + C:
G. Total Purchase Price (D+E+F): Delivery Date:
Subtotal From Additional Sheet(s):
Quantity Ordered:
For this transaction the percentage is: Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit
Price plus Published Options (A+B).
Description Description
HGAC Formula Adjustment
Aerial Pre-Payment DiscountChassis Pre-Payment Discount
100% Pre-Payment Discount
Attachment 1
CONTRACT PRICING VERIFICATION
TO: FROM:
January Cook Jackie Palmer
COMPANY: DATE:
Prosper Fire Department 10/18/2015
PHONE NUMBER:
RE: 10/1/2015
Price Verification Contract Pricing Worksheet dated 10/01/2015
_________________________________________________________________________________________________________________
We have reviewed the pricing worksheet provided through HGACBuy Contract FS12-13. Our review
verifies that the pricing provided is in compliance with the contract.
Please advise if we can assist further in this matter.
******This is not an Order Confirmation********
Helping Governments Across the Country Buy
PO Box 22777 3555 Timmons Ln. Houston, Texas 77227-2777 1-800-926-0234
CENTRAL FAX# 713.993.4548
Attachment 2
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 – October 27, 2015
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Development Agreement
between the Town of Prosper, Texas, and CADG Prosper Lakes North, LLC., related to early
issuance of building permits and Town cost participation on a retaining wall for the Lakes of
Prosper North, Phase 2 development.
Description of Agenda Item:
CADG Prosper Lakes North, LLC, is developing the Lakes of Prosper North which includes the
property encompassing the existing large drainage and detention pond adjacent to the future north-
south collector road that connects Prosper Trail to Frontier Parkway. At this time, the construction
of the public utilities and roadways are complete in Phase 2 and ready for final acceptance.
However, the improvements on the lot that includes the drainage and detention pond are not
completed. These improvements include the construction of a retaining wall, to address the slope
failures on the eastern edge of the pond, headwall repair, sidewalk adjacent to the pond,
landscaping and irrigation. Per the Town’s standards, all improvements must be complete prior to
issuing final acceptance of the subdivision.
With the planned improvements being isolated to the private homeowner’s association lot, the
developer is requesting release of single family building permits on lots not affected by the
construction as well as the amenity center lot so that construction may begin. The developer is
also requesting cost participation from the Town on the retaining wall being constructed to address
slope failures on the eastern edge of the pond. The attached agreement clarifies the obligations of
CADG Prosper Lakes North, LLC, and the Town of Prosper related to early issuance of building
permits and Town cost participation on a retaining wall for the Lakes of Prosper North, Phase 2
development.
Budget Impact:
The Town will reimburse CADG Prosper Lakes North, LLC, $35,000, towards the construction cost
of the retaining wall being constructed to address slope failures on the eastern edge of the pond
after final acceptance of Phase 2. The funding will be allocated from the Storm Water Utility Fund
in an upcoming Budget Adjustment.
Prosper is a place where everyone matters.
ENGINEERING
Item 5f
Page 2 of 2
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and
legality.
Attached Documents:
1. Development Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute a
Development Agreement between the Town of Prosper, Texas, and CADG Prosper Lakes North,
LLC., related to early issuance of building permits and Town cost participation on a retaining wall
for the Lakes of Prosper North, Phase 2 development.
Proposed Motion:
I move to authorize the Town Manager to execute a Development Agreement between the Town of
Prosper, Texas, and CADG Prosper Lakes North, LLC., related to early issuance of building
permits and Town cost participation on a retaining wall for the Lakes of Prosper North, Phase 2
development.
Item 5f
Lakes of Prosper North Development Agreement Page 1
TOWN OF PROSPER AND CADG PROSPER LAKES NORTH, LLC,
DEVELOPMENT AGREEMENT
THIS TOWN OF PROSPER AND CADG PROSPER LAKES NORTH, LLC,
DEVELOPMENT AGREEMENT (“Agreement”) is made and entered into this ____ day of
_______________, 2015, by and between the Town of Prosper, Texas (hereinafter referred to as
the “Town”), and CADG Prosper Lakes North, LLC (hereinafter referred to as “Owner”).
W I T N E S S E T H
:
WHEREAS, Owner is developing a residential subdivision known as Lakes of Prosper
North, generally located east of Dallas Parkway and north of Prosper Trail, Phase 2 of which
contains 21.715 gross acres, more or less, as more particularly described in Exhibit A, attached
hereto and incorporated by reference; and
WHEREAS, Owner has nearly completed the construction of Phase 2 public
infrastructure and has requested that the Town permit the issuance of building permits so that
construction of single-family residences and an amenity center may proceed; and
WHEREAS, Owner and the Town agree and acknowledge that certain retaining wall
construction is necessary to enhance the safety of the public along the shoreline of the detention
pond in Phase 2, and both Owner and the Town shall participate in the costs of construction of
such retaining wall; and
WHEREAS, the Town is agreeable to the issuance of building permits, subject to the
terms and conditions contained herein.
NOW, THEREFORE, in consideration of the foregoing premises and for other good
and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the
Town and Owner covenant and agree as follows:
1. Town Issuance of Building Permits: Developer Obligations.
A. Upon execution of this Agreement by the Town and Owner, subject to the
provisions hereinafter referenced in Subpart B of this Paragraph, the Town agrees that building
permits may be released and issued for Lots 14-19, Block C; Lots 9-22, Block D; Lots 10 and 11,
Block E; Lots 1-5, Block F; and Lot 5, Block X.
B. The Town agrees that it shall release and issue building permits prior to Owner
completing construction and installation of the following improvements on Lot 6, Block X: the
construction of a retaining wall, headwall repair, sidewalk, landscaping and irrigation, and all of
such construction shall be subject to approval by the Town; however, no building permits shall
be released or issued prior to the filing of the final plat for the Lakes of Prosper North, Phase 2,
in the deed records of Collin Country, Texas, and no certificate of occupancy shall be issued for
any structure until final acceptance of Phase 2 of the Lakes of Prosper North by the Town. Prior
Item 5f
Lakes of Prosper North Development Agreement Page 2
to the date of final acceptance of said Phase 2 by the Town, Owner shall be responsible for the
maintenance of all public improvements therein.
C. Upon acceptance of Phase 2 by the Town, the Town shall remit to Owner Thirty-
Five Thousand and No/100 Dollars ($35,000) for partial reimbursement of the construction costs
of the retaining wall referenced in this Paragraph. Such payment shall not relieve Owner of any
maintenance or other obligations in any way associated with the retaining wall and any other
improvement on Lot 6, Block X, including but not limited to other retaining walls, the drainage
and detention pond, erosion control improvements, sidewalks, landscaping, irrigation systems
and improvements, and any other improvement or structure thereon. Further, the Town shall
have no responsibility or any other obligation related to any of the foregoing.
D. Owner and its heirs, successors, assigns, vendors, grantees, and/or trustees
do hereby agree to waive all claims, release, indemnify and hold harmless Town from any
and all claims, suits, judgments, and demands, including its costs and reasonable attorney’s
fees, brought pursuant to or arising out of the performance of this Agreement.
2. Other Obligations of Owner. Nothing herein shall relieve the Owner from
responsibilities for the construction of other public improvements under applicable development
ordinances of the Town.
3. Applicable Laws and Venue. This Agreement shall be governed by and
construed in accordance with the laws of the State of Texas, and all obligations of the parties
created hereunder are performable in Collin County, Texas. Venue for any action arising under
this Agreement shall lie in Collin County, Texas.
4. Notices. Any notices required or permitted to be given hereunder shall be given
by certified or registered mail, return receipt requested, to the addresses set forth below or to
such other single address as either party hereto shall notify the other:
If to the Town: Town of Prosper, Texas
P.O. Box 307
Prosper, Texas 75078
Att’n: Town Manager’s Office
If to the Owner: CADG Prosper Lakes North, LLC
1800 Valley View Lane, Suite 300
Farmers Branch, Texas 75234
Att’n: Mr. Mehrdad Moayedi
5. Prevailing Party. In the event any person 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). Nothing herein shall
constitute a waiver of any claim or defense that could be asserted in any litigation related to this
Item 5f
Lakes of Prosper North Development Agreement Page 3
Agreement, and this Agreement is not subject to Section 271.152 of the Texas Local
Government Code, as amended.
6. Entire Agreement. This Agreement contains the entire agreement between the
parties hereto and supersedes all prior agreements, oral or written, with respect to the subject
matter hereof. The provisions of this Agreement shall be construed as a whole and not strictly
for or against any party.
7. Facsimiles. A telecopied facsimile of a duly executed counterpart of this
Agreement shall be sufficient to evidence the binding agreement of each party to the terms
herein.
8. Town Manager Authorized to Execute Agreement. The Town Council hereby
authorizes the Town Manager of the Town of Prosper to execute this Agreement on behalf of the
Town.
9. Severability. In the event any provision of this Agreement shall be determined
by any court of competent jurisdiction to be invalid or unenforceable, the Agreement shall, to the
extent reasonably possible, remain in force as to the balance of its provisions as if such invalid
provision were not a part hereof.
10. Filing in Deed Records. This Agreement shall be filed in the deed records of
Collin County, Texas. Upon any sale or other transfer of any ownership rights in the Property,
Owner shall notify the Town in writing of such sale or transfer within ten (10) business days of
such sale or transfer. This is a material term of this Agreement.
11. Signatory Authority. The Town warrants and represents that the individual
executing this Agreement on behalf of the Town has full authority to execute this Agreement
and bind the Town to the same. Owner warrants and represents that the individual executing
this Agreement on its behalf has full authority to execute this Agreement and bind Owner to
same.
12. Binding Obligation. This Agreement is and shall be binding upon Owner, its
successors, heirs, assigns, grantees, vendors, trustees, representatives, and all others holding any
interest now or in the future.
13. Non-binding 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.
14. Attorney’s Fees. Owner agrees to pay, or cause to be paid, to Prosper any
attorney’s fees charged to Prosper by Prosper’s legal counsel for, among other things,
preparation of, legal review of and any revisions to this Agreement and all further agreements,
ordinances or resolutions contemplated by this Agreement, and the provision of advice to
applicable Prosper Town Staff and the Prosper Town Council, in an amount not to exceed
$5,000.00 within ten (10) days upon receipt of an invoice of same from Prosper.
Item 5f
Lakes of Prosper North Development Agreement Page 4
15. Covenant Running with Land. This Agreement shall be a covenant running
with the land and shall be binding upon and inure to the benefit of Developer, and its successors
and assigns. In addition, the parties shall cause this Agreement to be filed in the Deed Records
of Collin County, Texas.
16. Sovereign Immunity. The parties agree that the Town has not waived its
sovereign or governmental immunity by entering into and performing its obligations under this
Agreement; however, for purposes of enforcement of this Agreement, Town agrees that it has
waived its sovereign immunity, and to that extent only.
17. Effect of Recitals. The recitals contained in this Agreement: (a) are true and
correct as of the effective date; (b) form the basis upon which the parties negotiated and entered
into this Agreement; (c) are legislative findings of the Town Council; and (d) reflect the final
intent of the parties with regard to the subject matter of this Agreement. In the event it becomes
necessary to interpret any provision of this Agreement, the intent of the parties, as evidenced by
the recitals, shall be taken into consideration and, to the maximum extent possible, given full
effect. The parties have relied upon the recitals as part of the consideration for entering into this
Agreement and, but for the intent of the parties reflected by the recitals, would not have entered
into this Agreement.
18. Consideration. This Agreement is executed by the parties hereto without
coercion or duress and for substantial consideration, the sufficiency of which is forever
confessed.
19. Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes. A facsimile signature
will also be deemed to constitute an original if properly executed.
20. Application of Town Ordinances. The signatories hereto shall be subject to all
applicable ordinances of the Town, whether now existing or in the future arising. This
Agreement shall confer no vested rights on the Property unless specifically enumerated herein.
IN WITNESS WHEREOF, the parties hereto have caused this document to be executed
as of the date first above written.
[Remainder of Page Intentionally Left Blank]
Item 5f
Lakes of Prosper North Development Agreement Page 5
THE TOWN OF PROSPER, TEXAS
By: ________________________________________
Name: Harlan Jefferson
Title: Town Manager, Town of Prosper
STATE OF TEXAS )
)
COUNTY OF COLLIN )
This instrument was acknowledged before me on the ___ day of ________________,
2015, by Harlan Jefferson, Town Manager of the Town of Prosper, Texas, on behalf of the Town
of Prosper, Texas.
____________________________________
Notary Public, State of Texas
My Commission Expires:
___________________________
Item 5f
Lakes of Prosper North Development Agreement Page 6
OWNER:
CADG Prosper Lakes North, LLC,
a Texas limited liability company
By: CADG Holdings, LLC,
a Texas limited liability company
Its Sole Member
By: MMM Ventures, LLC,
a Texas limited liability company
Its Manager
By: 2M Ventures, LLC,
a Delaware limited liability company
Its Manager
By: ________________________________
Name: Mehrdad Moayedi
Its: Manager
STATE OF TEXAS )
)
COUNTY OF DALLAS )
This instrument was acknowledged before me on the ____ day of ________________,
2015, by Mehrdad Moayedi, Manager of 2M Ventures, LLC, as Manager of MMM Ventures,
LLC, as Manager of CADG Holdings, LLC, as Sole Member of CADG Prosper Lakes North,
LLC, a Texas limited liability company on behalf of said company.
____________________________________
Notary Public, State of Texas
My Commission Expires:
___________________________
Item 5f
Lakes of Prosper North Development Agreement Page 7
EXHIBIT A
Lakes of Prosper North (Phase 2) Property Description
BEING a tract of land situated in the Collin County School Land Survey, Abstract No.
12, City of Prosper, Collin County, Texas, the subject tract being a portion of a tract of
land conveyed to CADG Prosper Lakes North, LLC according to the deed recorded in
Document No. 20120627000772030 of the Deed Records, Collin County, Texas
(DRCCT), the subject tract being more particularly described as follows:
COMMENCING at a 1/2" iron rod with plastic cap found on the north line of a tract
conveyed to the Prosper-Tollroad Joint Venture, Ltd., recorded in Document No. 1996-
0090247 DRCCT, for the southwest corner of said CADG Prosper Lakes North tract,
and being the southeast corner of a tract conveyed to Trejax, LP, recorded in Document
No. 20121206001558000 DRCCT;
THENCE N 00°45'01" W, 670.39 feet along the common line thereof to a 1/2" iron rod
with plastic cap stamped "SPIARSENG" set for the POINT OF BEGINNING of the
subject tract;
THENCE N 00°45'01" W, 644.50 feet continuing along the common line thereof to a 1/2"
iron rod with plastic cap stamped "SPIARSENG" set on the south line of a tract
conveyed to Metten Real Estate, L.P., recorded in Volume 4234, Page 1348 DRCCT;
THENCE N 89°17'57" E, along the common line thereof, passing at 170.61 feet a 1/2"
iron rod with plastic cap found, continuing along a total distance of 1479.95 feet to a 1/2"
iron rod with plastic cap stamped "SPIARSENG" set on the west line of a tract conveyed
to the Town of Prosper, recorded in Document No. 20070312000330490 DRCCT;
THENCE S 00°05'49" E, 637.02 feet along the common line thereof to a 1/2" iron rod
with plastic cap stamped "SPIARSENG" set;
THENCE S 89°00'24" W, 1472.70 feet departing said line, to the POINT OF
BEGINNING with the subject tract containing 945,924 square feet or 21.715 acres of
land.
Item 5f
Lakes of Prosper North Development Agreement Page 8
Item 5f
Page 1 of 2
To: Mayor and Town Council
From: Robyn Battle, Town Secretary
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – October 27, 2015
Agenda Item:
Consider and act upon a resolution in support of statewide Proposition 7 for increased state
funding for transportation.
Description of Agenda Item:
Senate Joint Resolution 5, approved by the 84th Texas Legislature, proposed a constitutional
amendment that will appear on the November 3, 2015, ballot for voter approval. Statewide
Proposition 7 reads as follows:
“The constitutional amendment dedicating certain sales and use tax revenue and motor vehicle
sales, use, and rental tax revenue to the state highway fund to provide funding for nontolled
roads and the reduction of certain transportation-related debt.”
If approved by the voters, Proposition 7 would require the Comptroller of Public Accounts to
deposit portions of the state sales tax revenue and the motor vehicle sales tax revenue that
exceed certain amounts to the State Highway Fund to be used for construction, maintenance,
and acquisition of rights-of-way for nontolled roadway projects, and to repay principal and
interest on general obligation bonds issued by the state. The Regional Transportation Council
(RTC) has adopted a position statement in support of Proposition 7, and has encouraged local
Town and City Councils and Commissioners Courts to adopt resolutions in support of the same.
If the Proposition passes, beginning in 2017, the State Highway Fund would receive up to $2.5
billion per fiscal year in additional funds from general sales tax revenue once that statewide
account reaches $28 billion. This allocation would expire in 2032. Starting in 2019, if the state
collects more than $5 billion from the motor vehicle sales tax revenues in one fiscal year, 35
percent of the remaining revenue collected that fiscal year would be added to the State Highway
Fund. This allocation would continue until 2029. The shift of these sales tax revenue funds
would typically have been allocated to the state’s General Revenue Fund. The Legislature has
the option to extend these revenue allocations beyond their expiration dates for 10-year periods.
Together, the two components are expected to provide an additional $3 billion per year to the
State Highway Fund. Although the Proposition would not fully fund the state’s transportation
shortfalls, it would be a step towards securing future funding for transportation needs in North
Texas, and across the state, especially given the current conditions of increasing population and
economic growth.
Prosper is a place where everyone matters.
TOWN SECRETARY’S
OFFICE
Item 5g
Page 2 of 2
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., approved the attached resolution as to form and
legality.
Attached Documents:
1. Resolution
Town Staff Recommendation:
Town staff recommends the Town Council adopt a resolution in support of statewide Proposition
7 for increased state funding for transportation.
Proposed Motion:
I move to adopt a resolution in support of statewide Proposition 7 for increased state funding for
transportation.
Item 5g
TOWN OF PROSPER, TEXAS RESOLUTION NO. 15-__
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, IN SUPPORT OF STATEWIDE PROPOSITION 7 FOR INCREASED
STATE FUNDING FOR TRANSPORTATION; MAKING FINDINGS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the 84th Texas Legislature authorized a constitutional amendment for
increased transportation funding to be on the November 3, 2015, statewide ballot; and
WHEREAS, Proposition 7 is “the constitutional amendment dedicating certain sales and
use tax revenue and motor vehicle sales, use, and rental tax revenue to the state highway fund
to provide funding for non-tolled roads and the reduction of certain transportation-related debt;”
and
WHEREAS, if approved by voters, Proposition 7 would result in increased state funding
for transportation to be used for non-tolled roadway projects and to repay principal and interest
on general obligation bonds issued by the state; and
WHEREAS, although this would not fully fund the state’s overall transportation needs, it
would be a key step toward securing funding for transportation projects in Texas; and
WHEREAS, the Town Council hereby finds and determines that it will be advantageous,
beneficial and in the best interests of the citizens of Prosper to support statewide Proposition 7
for increased state funding for transportation.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The Town of Prosper supports Proposition 7, the proposed amendment on the
November 3, 2015, ballot to address Texas’ transportation needs.
SECTION 2
This Resolution shall become effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS ON THIS 27TH DAY OF OCTOBER, 2015.
APPROVED:
________________________________
Ray Smith, Mayor
Item 5g
Ordinance No. 15-__, Page 2
ATTEST:
___________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
__________________________________
Terrence S. Welch, Town Attorney
Item 5g
Page 1 of 1
To: Mayor and Town Council
From: John Webb, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – October 27, 2015
Agenda Item:
Conduct a Public Hearing, and consider and act upon a request to rezone 15.7± acres, from
Commercial (C) and Planned Development-25 (PD-25) to Planned Development-Retail (PD-R),
located on the north side of US 380, 580± feet west of Custer Road. (Z15-0011).
History:
On September 22, 2015, Town Council tabled this item to give the applicant an opportunity to
revise the proposed elevations.
Description of Agenda Item:
The applicant has requested this item be tabled and the Public Hearing be continued to the
December 8, 2015, Town Council meeting, as outlined in the attached letter.
Attached Documents:
1. Tabling request letter
Town Staff Recommendation:
Town staff recommends the Town Council continue the Public Hearing and table the item to the
December 8, 2015, Town Council meeting.
Proposed Motion:
I move to continue the Public Hearing and table the item to the December 8, 2015, Town
Council meeting.
Prosper is a place where everyone matters.
PLANNING
Item 7
Item 7
Page 1 of 1
To: Mayor and Town Council
From: Alex Glushko, AICP, Senior Planner
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – October 27, 2015
Agenda Item:
Presentation of service plan and first Public Hearing to consider the involuntary annexation of a
0.2± acre tract of land, located on the north side of First Street, 1.2± miles east of Coit Road.
(A15-0002).
Description of Agenda Item:
In 2008, the Town began instigating involuntary annexations and annexation agreements for a
majority of the remaining unincorporated properties within the Town limits. The properties
surrounding the subject property were annexed in 2008 and 2009, respectively; however, it was
recently determined that the subject property was unintentionally excluded from past annexation
processes. Because, the subject property is not eligible for an annexation agreement, the Town
recommends moving forward with the involuntary annexation of the property.
The schedule for annexation, which is attached, calls for two Public Hearings. This is the first
Public Hearing; the second Public Hearing is scheduled for November 10, 2015. The map of
the proposed annexation, service plan, and annexation schedule are attached.
Legal Obligations and Review:
The Town Attorney reviewed the annexation schedule to ensure compliance with state law. The
Public Hearing notice for the first Public Hearing has been published in the newspaper and
placed on the Town’s website per state law and the annexation schedule.
Attached Documents:
1. Annexation Exhibit
2. Annexation Map
3. Annexation Service Plan
4. Annexation Schedule
Town Staff Recommendation:
Town staff recommends the Town Council conduct the first Public Hearing to consider the
annexation of a 0.2± acre tract of land, located on the north side of First Street, 1.2± miles east
of Coit Road, and receive comments from the public.
Proposed Motion:
Once the public hearing has been held, no further action is required for this item.
Prosper is a place where everyone matters.
PLANNING
Item 8
ANNEXATION EXHIBIT
PAGE 1 OF 2
L. McCARTY SURVEY, A-600
TOWN OF PROSPER
COLLIN COUNTY, TEXAS
Item 8
called 0.745 ac.
Vol. 1470, Pg. 174 DRCCTcalled 1.000 ac.
Vol. 5971, Pg. 1022 DRCCT called 0.2766 ac.Vol. 5432, Pg. 5521 DRCCTcalled 5.1989 ac.
Vol. 5438, Pg. 5938 DRCCT called 2.28 ac.
Vol. 4723, Pg. 4020 DRCCT
called 1.000 ac.
Vol. 2487, Pg. 142 DRCCTcalled 1.4665 ac.
Vol. 5428, Pg. 115 DRCCT
0.506 Acres
( 22,050 Sq. Ft.)
Vol. 1470, Pg. 171
DRCCT
R
L. McCARTY SURVEY, A-600
TOWN OF PROSPER
COLLIN COUNTY, TEXAS
PAGE 2 OF 2
POINT OF
BEGINNING
Item 8
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E FIRST STN COIT RDN CUSTER RDS COIT RD^_Source: Town of Prosper, PlanningDate: September 22, 2015
Proposed Annexations 2015DISCLAIMER. The Town of Prosper has prepared this map
or information for internal use only. It is made available
under the Public Information Act. Any reliance on this map
or information is AT YOUR OWN RISK. Prosper assumes no
liability for any errors, omissions, or inaccuracies in the map
or information regardless of the cause of such or for any
decision made, action taken, or action not taken in reliance
upon any maps or information provided herein. Prosper
makes no warranty, representation, or guarantee of any kind
regarding any maps or information provided herein or the
sources of such maps or information and DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES, EXPRESSED AND
IMPLIED, including the implied warranties of merchantability
and fitness for a particular purpose.
Legend
Town Limits
Railroad
Major Roads
Minor Roads
Parcels
Town
ETJ
Proposed Annexations 2015
(0.506 Acres Total)
0 0.250.125
Miles
O
Item 8
SERVICE PLAN FOR ANNEXED AREA
ANNEXATION ORDINANCE NO. _______________
DATE OF ANNEXATION ORDINANCE: _____________, 2015
Municipal Services to the area of land depicted in Exhibit A shall be furnished by
or on behalf of the Town of Prosper, Texas ("Town") at the following levels and in
accordance with the following schedule:
A. POLICE PROTECTION:
Police personnel and equipment from the Prosper Police Department shall be
provided to the area annexed, at a level consistent with current methods and
procedures presently provided to similar areas of the Town, on the effective date
of this Ordinance.
B. FIRE PROTECTION / EMERGENCY MEDICAL SERVICES:
Fire protection and Emergency Medical Services (EMS) from the Town shall be
provided to the area annexed, at a level consistent with current methods and
procedures presently provided to similar areas of the Town, on the effective date
of this Ordinance.
C. FIRE PREVENTION / INVESTIGATION:
The services of the Town of Prosper Fire Department shall be provided to the
area on the effective date of this Ordinance. The non-emergency services of fire
prevention and fire investigation will be added to the list of services provided by
the Prosper Fire Department.
D. SOLID WASTE COLLECTION:
Solid waste collection shall be provided to the area annexed upon request on the
effective date of this Ordinance up to the second anniversary of the annexation.
After that time, residents will be required to use the Town’s solid waste collection
company. The collection of refuse from individual properties shall be made in
accordance with the Town’s usual solid waste collection scheduling.
E. WATER SERVICE:
1. This area is currently serviced by the Town’s water distribution system.
Future expansion and extensions of the Town’s Water Distribution System will
provide better flow rates and line pressures, and in accordance with
applicable Town codes and policies.
2. Maintenance of private lines will be the responsibility of the owner or
occupant.
Item 8
F. SANITARY SEWER SERVICE:
1. The annexed area will be provided sanitary sewer service in accordance with
applicable codes and departmental policy. When development occurs in
adjacent areas, sanitary sewer service shall be provided in accordance with
applicable Town codes and policies, including extensions of service.
2. Operation and maintenance of private wastewater facilities in the annexed
area will be the responsibility of the owner.
G. ROADS AND STREETS / STREET LIGHTING:
1. Operation and maintenance of private streets in the annexed area will be the
responsibility of the owner.
2. Operation and maintenance of public streets in the annexed area will be
provided by the Town on the effective date of this Ordinance.
3. The Town will coordinate any request for improved street lighting with the
local electric provider in accordance with Town policy.
H. PARKS AND RECREATION:
Residents within the area annexed may utilize all existing Town park and
recreation facilities, on the effective date of this Ordinance. Fees for such usage
shall be in accordance with current fees established by Town ordinance.
I. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES:
1. Enforcement of current environmental health ordinances and regulations,
including but not limited to, weed and brush ordinances, junked and
abandoned vehicles ordinances and animal control ordinances, shall begin
within this area on the effective date of the annexation.
2. Inspection services, including but not limited to, the review of building plans,
the issuance of permits and the inspection of all buildings, plumbing,
mechanical, and electrical work to ensure compliance with Town codes and
ordinances will be provided on the effective date of the annexation.
J. MISCELLANEOUS:
Any publicly owned facility, building, or service located within the annexed area
shall be maintained by the Town on the effective date of the annexation
ordinance. All other applicable municipal services shall be provided to the
annexation area in accordance with the Town’s established policies governing
extension of municipal services to newly annexed areas.
Item 8
2015 Annexation Schedule
Annexation Petition
and Materials
Submitted to TSO
by Noon
Mail Notice of Intent
to Annex to
Property Owners
and Other Entities
Town Council
Considers Petition
at Regular Meeting
Newspaper
Deadline for Notice
of 1st PH
Notice of 1st PH
Published in
Newspaper and
Posted on Website
1st PH Held by Town
Council at Regular
Meeting
Newspaper
Deadline for Notice
of 2nd PH
Notice of 2nd PH
Published in
Newspaper and
Posted on Website
2nd PH Held by
Town Council at
Regular Meeting
Annexation
Ordinance
Considered by
Council at Regular
Meeting
(30 days prior to 1 st PH)(5-30 days after petition
submittal)
(10-20 days prior to 1 st
PH)
(10-20 days prior to 2 nd
PH)
(20-40 days after 2 nd PH)
Monday Friday Tuesday Friday Wednesday Tuesday Friday Wednesday Tuesday Tuesday
1/5/2015 1/23/2015 1/27/2015 2/6/2015 2/11/2015 2/24/2015 2/20/2015 2/25/2015 3/10/2015 4/7/2015
2/2/2015 2/20/2015 2/24/2015 3/6/2015 3/11/2015 3/24/2015 3/20/2015 3/25/2015 4/14/2015 5/12/2015
3/2/2015 3/20/2015 3/24/2015 4/3/2015 4/28/2015 4/28/2015 4/17/2015 4/22/2015 5/12/2015 6/9/2015
4/6/2015 4/24/2015 4/21/2015 5/8/2015 5/13/2015 5/26/2015 5/22/2015 5/27/2015 6/9/2015 7/7/2015
5/4/2015 5/22/2015 5/26/2015 6/5/2015 6/10/2015 6/23/2015 6/19/2015 6/24/2015 7/14/2015 8/11/2015
6/1/2015 6/19/2015 6/23/2015 7/2/2015
(Thursday)7/28/2015 7/28/2015 7/17/2015 7/22/2015 8/11/2015 9/8/2015
7/6/2015 7/24/2015 7/21/2015 8/7/2015 8/12/2015 8/25/2015 8/21/2015 8/26/2015 9/8/2015 10/13/2015
8/3/2015 8/21/2015 8/25/2015 9/4/2015 9/9/2015 9/22/2015 9/18/2015 9/23/2015 10/13/2015 11/10/2015
9/4/2015
(Friday)9/25/2015 9/22/2015 10/9/2015 10/14/2015 10/27/2015 10/23/2015 10/28/2015 11/10/2015 12/8/2015
10/5/2015 10/23/2015 10/27/2015 11/6/2015 11/11/2015 11/24/2015 11/20/2015 11/25/2015 12/8/2015 1/12/2016
11/2/2015 11/20/2015 11/24/2015 12/4/2015 12/9/2015 12/22/2015 12/18/2015 12/23/2015 1/12/2016 2/9/2016
12/7/2015 12/23/2015
(Wednesday)12/22/2015 1/8/2016 1/13/2016 1/26/2016 1/22/2016 1/27/2016 2/9/2016 3/9/2016
Item 8
Page 1 of 2
To: Mayor and Town Council
From: Baby Raley, Human Resources Director
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – October 27, 2015
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Benefit Program Application
with Blue Cross Blue Shield for group medical insurance, effective January 1, 2016; and, a
renewal letter acceptance with Delta Dental for group dental insurance, effective January 1,
2016.
Description of Agenda Item:
The Town has historically provided a competitive and innovative benefits package to
employees, offering a selection which best suits employees’ individual and family needs.
Providing these options has benefitted not only recruitment efforts, but also retention of
employees. Options include primary benefits consisting of basic life insurance, accidental death
and dismemberment insurance, long-term disability insurance, and major medical (cost shared
with employees) health savings accounts (HSA), and health reimbursement accounts (HRA).
Town staff solicited requests for proposals (RFP) for medical and dental benefits in order to
seek cost-effective insurance benefits for the Town and its employees effective January 1,
2016.
The medical RFP was advertised in the local newspaper, through the Town's e-procurement
system, and sent directly to the following five carriers: Aetna, Blue Cross Blue Shield (current
carrier), CIGNA Medical, Continental Benefits, and United Healthcare. After evaluation of the
proposals, staff, the Employee Benefits Committee, and Council Benefits Subcommittee
recommends Blue Cross Blue Shield as the group medical provider for employees and their
eligible dependents with an enhanced benefit plan.
In addition, staff recommends changing the name of the group benefits application with Blue
Cross Blue Shield from “Town of Prosper” to “Town of Prosper Employee Benefits Trust” in
order to take advantage of the pre-tax premium rates proposed by Blue Cross Blue Shield. This
name change attached with the Town’s Trust in the same name will allow decreased
employee/employer premiums by approximately 2% ($25,000). BCBS does not have a
“contract” per se but refers to the group application as their “contract.”
Finally, the dental RFP was advertised in the local newspaper, through the Town's e-
procurement system, and sent directly to the following thirteen carriers: Aetna Dental, Ameritas,
Assurant, Blue Cross Blue Shield, CIGNA Dental, Delta Dental (current carrier), Guardian,
Humana, MetLife, Principal Financial Group, United Concordia, United Healthcare, and UNUM.
After evaluation of the proposals, staff, the Employee Benefits Committee, and Council Benefits
HUMAN RESOURCES
Prosper is a place where everyone matters.
Item 9
Page 2 of 2
Subcommittee recommends contract renewal with Delta Dental as the group dental provider for
employees and their eligible dependents.
The recommended benefit plans continue to support the Town’s consumer-driven health
philosophy and meet the Town’s goals.
Budget Impact:
The estimated annual combined cost for group medical based on Blue Cross Blue Shield’s
proposal is $1,141,943 (+11.99% increase over current). The estimated annual total Town
contribution cost is $829,771 for the plan year (January - December 2016).
The estimated annual combined cost for group dental based on Delta Dental’s proposal is
$99,825 (+27% increase over current). The estimated annual total Town contribution cost is
$48,909 for the plan year (January - December 2016). In addition, Delta Dental has agreed to
extend the annual rates for two years (through December 2017).
Attached Documents:
1. Medical and Dental Contributions for 2016
2. BCBS Benefit Program Application and Name Change Form
3. Delta Dental Renewal Letter
Town Staff Recommendation:
Staff recommends that the Town Council authorize the Town Manager to execute a Benefit
Program Application with Blue Cross Blue Shield for group medical insurance, effective January
1, 2016; and, a renewal letter acceptance with Delta Dental for group dental insurance, effective
January 1, 2016.
Proposed Motion:
I move to authorize the Town Manager to execute a Benefit Program Application with Blue
Cross Blue Shield for group medical insurance, effective January 1, 2016; and, a renewal letter
acceptance with Delta Dental for group dental insurance, effective January 1, 2016.
Item 9
HDHP Plan EE's
Current
BCBS
Rates
Employer
Contribution
$
2015
Employee
Contribution
$
ER% HDHP Plan EE's
Renewal
BCBS
Rates
Employer
Contribution
$
2016
Employee
Contribution
$
EE Bi-weekly
Contribution
$
Tobacco
Surcharge
Monthly
Tobacco
Surcharge
Bi-weekly
ER%
$
Increase
to EE
EE %
Increase
EE 37 $403.90 $368.90 $35.00 91.33% EE 37 $451.96 $412.80 $39.16 $19.58 $89.16 $44.58 91.33%$4.16 11.90%
ES 11 $928.96 $670.94 $258.02 72.22% ES 11 $1,039.51 $750.78 $288.73 $144.36 $338.73 $169.36 72.22%$30.71 11.90%
EC 13 $727.00 $554.76 $172.24 76.31% EC 13 $813.51 $620.77 $192.74 $96.37 $242.74 $121.37 76.31%$20.50 11.90%
EF 19 $1,252.05 $856.79 $395.26 68.43% EF 19 $1,401.04 $958.75 $442.29 $221.15 $492.29 $246.15 68.43%$47.03 11.90%
Mo. Cost 80 $58,403 $44,521 $13,882 Mo. Cost 80 $65,353 $49,818 $15,534 $7,767 $1,279,600 $456,893 $1,652
Ann. Cost $700,834 $534,246 $166,587 Ann. Cost $784,230 $597,819 $186,411 $93,205 $15,355,199 $5,482,716 $19,823
Composite Rate $730.04 $556.51 $173.53 76.23%Composite Rate $816.91 $622.73 $194.18 $97.09 $15,995.00 $5,711.16 76.23%$20.65
PPO
Plan EE's
Current
BCBS
Rates
Employer
Contribution
$
2015
Employee
Contribution
$
ER% PPO
Plan EE's
Renewal
BCBS
Rates
Employer
Contribution
$
2016
Employee
Contribution
$
EE Bi-weekly
Contribution
$
Tobacco
Surcharge
Monthly
Tobacco
Surcharge
Bi-weekly
ER%
$
Increase
to EE
EE %
Increase
EE 21 $414.45 $340.05 $74.40 82.05% EE 21 $465.01 $381.53 $83.48 $41.74 $133.48 $66.74 82.05%$9.08 12.20%
ES 2 $953.24 $553.92 $399.32 58.11% ES 2 $1,069.54 $621.50 $448.04 $224.02 $498.04 $249.02 58.11%$48.72 12.20%
EC 8 $746.00 $469.74 $276.26 62.97% EC 8 $837.01 $527.05 $309.96 $154.98 $359.96 $179.98 62.97%$33.70 12.20%
EF 8 $1,248.78 $652.60 $596.18 52.26% EF 8 $1,401.13 $732.22 $668.91 $334.46 $718.91 $359.46 52.26%$72.73 12.20%
Mo. Cost 39 $26,568 $17,228 $9,341 Mo. Cost 39 $29,809 $19,329 $10,480 $5,240 $1,903,324 $538,288 $1,140
Ann. Cost $318,818 $206,731 $112,087 Ann. Cost $357,713 $231,952 $125,761 $62,881 $22,839,891 $6,459,451 $13,674
Composite Rate $681.24 $441.73 $239.50 64.84%Composite Rate $764.34 $495.62 $268.72 $134.36 $48,803.18 $13,802.25 64.84%$29.22
Est.Total Mo. Cost $84,971 $61,748 $23,223 Est.Total Mo. Cost $95,162 $69,148 $26,014 $13,007 HSA $92,250
Est. Total Ann Cost $1,019,652 $740,978 $278,674 Est. Total Ann Cost $1,141,943 $829,771 $312,172 $156,086 HRA $20,000
HSA/HRA Contributions $1,131,902 $853,228 HSA/HRA Contributions $1,254,193 $942,021
+/- from Current $122,291 $88,794 $33,498
% +/ from Current 10.80%10.41%12.02%
ER/EE Percentage 75.4%24.6%ER/EE Percentage 75.1%24.9%
Note:Calculations based on 24 pay periods. Tobacco Surcharge will have $50 added to the monthly employee rates.
Town of Prosper
Proposed Medical Contribution - Scenario 5
2014-2015 BCBS Current 2016 BCBS Renewal - Maintain Town current contribution percentage
Page: 1
Item 9
Base
Plan EE's Current
Rates
Employer
Contribution
$
2015
Employee
Contribution
$
ER% Base
Plan EE's Renewal
Rates
Employer
Contribution
$
2016
Employee
Contribution
$
EE Bi-weekly
Contribution
$
ER%
$
Increase
to EE
EE 39 $25.55 $25.55 $0.00 100.00% EE 39 $32.45 $32.45 $0.00 $0.00 100.00%$0.00
ES 12 $54.15 $25.55 $28.60 47.18% ES 12 $68.77 $34.44 $34.33 $17.17 50.08%$5.73
EC 15 $61.52 $25.55 $35.97 41.53% EC 15 $78.13 $34.96 $43.17 $21.59 44.75%$7.20
EF 15 $93.15 $25.55 $67.60 27.43% EF 15 $118.30 $37.17 $81.13 $40.57 31.42%$13.53
Mo. Cost 81 $3,966 $2,070 $1,897 Mo. Cost 81 $5,037 $2,761 $2,276 $1,138 $380
Ann. Cost $47,596 $24,835 $22,761 Ann. Cost $60,447 $33,129 $27,318 $13,659 $4,557
Composite Rate $48.97 $25.55 $23.42 52.18%Composite Rate $62.19 $34.08 $28.10 $14.05 54.81%$4.69
Buy Up
Plan EE's Current
Rates
Employer
Contribution
$
2015
Employee
Contribution
$
ER% Buy Up
Plan EE's Renewal
Rates
Employer
Contribution
$
2016
Employee
Contribution
$
EE Bi-weekly
Contribution
$
ER%
$
Increase
to EE
EE 18 $30.73 $25.55 $5.18 83.14% EE 18 $39.03 $32.81 $6.22 $3.11 84.06%$1.04
ES 4 $72.09 $25.55 $46.54 35.44% ES 4 $91.55 $35.69 $55.86 $27.93 38.98%$9.32
EC 5 $89.07 $25.55 $63.52 28.69% EC 5 $113.12 $36.88 $76.24 $38.12 32.60%$12.72
EF 10 $129.70 $25.55 $104.15 19.70% EF 10 $164.72 $39.72 $125.00 $62.50 24.11%$20.85
Mo. Cost 37 $2,584 $945 $1,639 Mo. Cost 37 $3,282 $1,315 $1,967 $983 $328
Ann. Cost $31,006 $11,344 $19,662 Ann. Cost $39,378 $15,779 $23,599 $11,800 $3,937
Composite Rate $69.83 $25.55 $44.28 36.59%Composite Rate $88.69 $35.54 $53.15 $26.58 40.07%$8.87
Est.Total Mo. Cost $6,550 $3,015 $3,535 Est.Total Mo. Cost $8,319 $4,076 $4,243 $2,122
Est. Total Ann Cost $78,602 $36,179 $42,423 Est. Total Ann Cost $99,825 $48,908.64 $50,917 $25,458
+/- from Current $21,224 $12,730 $8,494
% +/ from Current 27.00%35.19%20.02%
ER/EE Percentage 46.0%54.0%ER/EE Percentage 49.0%51.0%
Note:Calculations based on 24 pay periods.
Town of Prosper
Proposed Dental Contribution - Scenario 2
2014-2015 Delta Dental Current 2016 Delta Dental Renewal - Town will absorb the increase between renewal
and MAC plan
Page: 2
Item 9
Division of Health Care Service Corporation, a Mutual Legal Reserve Company,
an Independent Licensee of the Blue Cross and Blue Shield Association
1
TXBPAMM-OFF-EX.01.16 5.2015
BENEFIT PROGRAM APPLICATION (“BPA”)
Blue Cross and Blue Shield of Texas (herein called BCBSTX/HMO)
STANDARDIZED MID-MARKET GROUP PLANS*
Account Status: New Existing with Changes
Off Cycle Change: Yes No Former BCBSTX ASO converting to fully insured
Account Number (6-digits): 149617 Group Number(s): Section Number(s):
Contract Effective Date: 01/01/2016 Contract Anniversary Date: 01/01
Legal Account Name: TOWN OF PROSPER EMPLOYEE BENEFIT TRUST
(Specify the employer or the employee trust applying for coverage. An employee benefit plan may not be named)
NO CHANGES GROUP INFORMATION
Employer Identification Number
(“EIN”):
SIC: Nature of Business:
Primary (Mailing) Address:
City: State: Zip:
Administrative Contact: Title:
Phone: Fax: Email:
Blue Access for Employers (BAE) Contact:
The BAE Contact is an employee of the account who is authorized by the employer to access and maintain the account in BAE.
Title: Phone: Fax: Email:
Physical Address (if different from Primary - required):
City: State: Zip: Contact:
Billing Address (if different from Primary):
City: State: Zip: Billing Contact:
Title: Phone: Fax:
Email:
Do you cover any wholly-owned subsidiary or affiliated companies? Yes No If yes, please list below:
Subsidiary Companies: Subsidiary Address:
City: State: Zip: Contact:
Title: Phone: Fax: Email:
Affiliated Companies: Locations:
*Mid-Market Group Plans receive the same benefits as those required for large employer plans
Item 9
Division of Health Care Service Corporation, a Mutual Legal Reserve Company,
an Independent Licensee of the Blue Cross and Blue Shield Association
2
TXBPAMM-OFF-EX.01.16 5.2015
ERISA Regulated Group Health* Plan: Yes No
If Yes, is your ERISA Plan Year* a period of 12 months beginning on the Anniversary Date specified above? Yes No
If no, please specify your ERISA Plan Year: Beginning Date / / End Date / / (month/day/year)
ERISA Plan Administrator*: Plan Administrator’s Address:
If you maintain that ERISA is not applicable to your group health plan, please give legal reason for exemption:
Federal Governmental plan (e.g., the government of the United States or agency of the United States)
Non-Federal Governmental plan (e.g., the government of the State, an agency of the state, or the government of
a political subdivision, such as a county or agency of the State)
Church plan (complete and attach a Medical Loss Ratio Assurance form)
Other; please specify:
Is your Non-ERISA Plan Year a period of 12 months beginning on the Anniversary Date specified above? Yes No
If no, please specify your Non-ERISA Plan Year: Beginning Date / / End Date / / (month/day/year)
For more information regarding ERISA, contact your Legal Advisor.
*All as defined by ERISA and/or other applicable law/regulations
*Mid-Market Group Plans receive the same benefits as those required for large employers
NO CHANGES PRODUCER OF RECORD INFORMATION
1. *Producer/Agency** name to whom commissions are to be paid:
Producer Number of Producer or Agency:
Street Address: City: Zip:
Phone: Fax: Email:
Is Producer/Agency appointed with BCBSTX/HMO? Yes No Affiliated with General Agent? Yes No
2. *Producer/Agency** name to whom commissions are to be paid:
Producer Number of Producer or Agency:
Street Address: City: Zip:
Phone: Fax: Email:
Is Producer/Agency appointed with BCBSTX/HMO? Yes No Affiliated with General Agent? Yes No
If commission split, designate percentage for each
producer/agency. Note: total commissions paid must equal 100%
Producer/Agency 1:
%
Producer/Agency 2:
%
3. Writing Producer’s Name (please print):
Producer Number: Phone: Email:
Writing Producer ’s Signature: ______________ Date:
* The producer or agency name(s) above to whom commissions are to be paid must exactly match the name(s) on the appointment
application(s).
** If commissions are split, please provide the information requested above on both producers/agencies. BOTH must be appointed to
do business with BCBSTX/HMO.
4. General Agent (GA) Override? Yes No General Agent Name:
Tax ID: Agency #: Email:
Address: City: Zip:
Health Override Amount (if applicable): Dental Override Amount (if applicable):
If applicable, effective , the named producer(s)or agency(ies) is/are recognized as Employer’s Producer of Record
(POR), to act as representative in negotiations with and to receive commissions from Blue Cross and Blue Shield of
Texas, a division of Health Care Service Corporation (HCSC), a Mutual Legal Reserve Company, and HCSC subsidiaries
for employer’s employee benefit programs. This statement rescinds any and all previous POR appointments for employer.
The POR is authorized to perform membership transactions on behalf of employer. This appointment will remain in effect
until withdrawn or superseded in writing by employer.
General Agent’s Signature: __________________ Date:
Item 9
Division of Health Care Service Corporation, a Mutual Legal Reserve Company,
an Independent Licensee of the Blue Cross and Blue Shield Association
3
TXBPAMM-OFF-EX.01.16 5.2015
NO CHANGES SCHEDULE OF ELIGIBILITY
1. Standard Eligibility Provisions:
Eligible Employee/Subscriber means an employee who works on a full-time basis, who usually works at least 30 hours
a week, and who otherwise meets the Participation Criteria established by an employer. The term includes a sole
proprietor, a partner, and an independent contractor, if the individual is included as an employee under a Health
Benefit Plan of a large employer regardless of the number of hours the sole proprietor, partner, or independent
contractor works weekly, but only if the plan includes at least two other eligible employees who work on a full-time
basis and who usually work at least 30 hours a week. Participation Criteria means any criteria or rules established by
a large employer to determine the employees who are eligible for enrollment or continued enrollment under the terms
of a Health Benefit Plan. The Participation Criteria may not be based on Health Status Related Factors.
(HMO only) The Eligible Subscriber must reside, live or work in the Service Area.
2. Other Eligibility Provisions (check all that apply):
Retiree of the employer
Other:
Are any classes of employees to be excluded from coverage? Yes No
If yes, please identify the classes and describe the exclusion:
Domestic Partners covered: Yes No
A Domestic Partner means a person with whom the employee has entered into a domestic partnership in accordance
with the employer’s plan guidelines. The employer is responsible for providing notice of possible tax implications to
those covered employees with Domestic Partners.
Are Domestic Partners eligible for continued coverage equivalent to COBRA continuation? Yes No
3. All current and new Employees must satisfy the substantive eligibility criteria and required waiting period in order for
coverage to become effective. Covered Dependents do not have to satisfy a waiting period to become effective, but in
no instance shall a Dependent be covered prior to the Employee’s effective date.
What is the effective date for a newly eligible person who becomes effective after the employer’s initial
enrollment?
The day (standard is 1st or 15th) of the month following the date of employment.
The day (standard is 1st or 15th) of the month following days (select 0, 30 or 60 days) of
employment.
The day (standard is 1st or 15th) of the month following month(s) (select 1 or 2 months) of
employment.
Substantive Eligibility Criteria:
Provide a representation below regarding the terms of any eligibility conditions (other than any applicable waiting period
already reflected above) imposed before an individual is eligible to become covered under the terms of the plan. If any of
these eligibility conditions change, you are required to submit a new BPA to reflect that new information.
Check all that apply:
An Orientation Period that:
1) Does not exceed one month (calculated by adding one calendar month and subtracting one calendar
day from an employee’s start date); and
2) If used in conjunction with a waiting period the waiting period begins on the first day after the orientation
period.
A Cumulative hours of service requirement that does not exceed 1200 hours
Item 9
Division of Health Care Service Corporation, a Mutual Legal Reserve Company,
an Independent Licensee of the Blue Cross and Blue Shield Association
4
TXBPAMM-OFF-EX.01.16 5.2015
An hours of service per period (or full-time status) requirement for which a Measurement period is used to
determine the status of variable-hour employees, where the measurement period:
1) Starts between the employee’s date of hire and the first day of the following month;
2) Does not exceed 12 months; and
3) Taken together with other eligibility conditions does not result in coverage becoming effective later than
13 months from the employee’s start date plus the number of days between a start date and the first day
of the next calendar month (if start day is not the first day of the month).
Other substantive eligibility criteria not described above; please describe:
_______________________________________________________________________________________________
_______________________________________________________________________________________________
____________________________________________________________________________________________
(HMO only) What is the effective date of coverage for a Newly Eligible Employee who becomes effective after
the Employer’s initial enrollment date?
The 1st day of the month following the date of employment (date of hire).
The 1st day of the month following days (select 0, 30 or 60 days) of employment.
The 1st day of the month following month(s) (select 1 or 2 months) of employment.
4. Are there multiple new hire waiting periods? Yes No
If yes, attach eligibility and contribution details for each section.
Is the waiting period requirement to be waived on initial group enrollment?
Health Yes No N/A Dental Yes No N/A
5. The minimum standard limiting age for covered Dependent children is twenty-six (26) years. Hereafter, a
Dependent child, child or children means a natural child, a stepchild, a medical support order child, an eligible foster
child, an adopted child (including a child for whom the employee or their spouse is a party in a suit in which the adoption
of the child is sought) regardless of presence or absence of a child’s financial dependency, residency, student status,
employment status, marital status, eligibility for other coverage or any combination of those factors. To be eligible for
coverage, a child of an employee’s child must also be dependent upon employee for federal income tax purposes at the
time application for coverage is made.
NO CHANGES CURRENT ELIGIBILITY INFORMATION
Total number of Employees/Subscribers:
1. on payroll
2. on COBRA continuation coverage
3. with retiree coverage (if applicable)
4. who work part-time
5. serving the new hire waiting period
6. declining because of valid waivers including, but not limited to, other individual or group coverage, Medicare,
Medicaid, TRICARE/Champus, Tribal, Risk Pool:
Item 9
Division of Health Care Service Corporation, a Mutual Legal Reserve Company,
an Independent Licensee of the Blue Cross and Blue Shield Association
5
TXBPAMM-OFF-EX.01.16 5.2015
NO CHANGES (HMO only) LEGISLATIVE ELECTIONS
The following mandated benefit offers are made by HMO in compliance with Texas regulations. Please mark your
acceptance or declination. Acceptance may result in a rate adjustment.
In Vitro Fertilization Services Authorized Company Official’s Initials:
Accept – If accepted, benefits for In Vitro Fertilization Services will be provided to the same extent as benefits
provided for other pregnancy related procedures.
Decline – If declined, no benefits are available
Speech and Hearing Services Authorized Company Official’s Initials:
Accept – Benefits are paid same as any other illness
Decline –If declined, medically necessary speech therapy is covered on an outpatient basis only. Hearing aids are
covered under Durable Medical Equipment Additional Benefit Option only.
Development Delay – Certain therapies for children with developmental delays are already included in the HMO plans.
NO CHANGES (Non-HMO only) LEGISLATIVE ELECTIONS
The following mandated benefit offers are made in compliance with Texas regulations. The standardized Mid-Market PPO
group insurance plans offered assume all benefit offers will be declined. Acceptance of either or both offers in this section
will result in a rate adjustment, and will require that the employer apply for coverage as a large group plan.
In Vitro Fertilization Services: Benefits for Medical-Surgical Expense incurred for in vitro fertilization procedures will be
the same as for maternity care, provided specific requirements are met.
Accept – If accepted, benefits for In Vitro Fertilization Services will be provided to the same extent as benefits
provided for other pregnancy related procedures.
Decline – If declined, no benefits are available for these services.
Speech and Hearing Services: Benefits are available for the services of a physician or other provider to restore loss of
or correct an impaired speech or hearing function. This benefit includes coverage for hearing aids.
Accept – If accepted, benefits are available for medically necessary services to restore loss of or correct an impaired
speech or hearing function, with no benefit maximum on hearing aids.
Decline – If declined, benefits are available for medically necessary services to restore loss of or correct an impaired
speech or hearing function; however, benefits for hearing aids are limited to a 1 hearing aid per ear every 36 months.
Development Delay – Certain therapies for children with developmental delays are already included in the Non-HMO
plans.
Item 9
Division of Health Care Service Corporation, a Mutual Legal Reserve Company,
an Independent Licensee of the Blue Cross and Blue Shield Association
6
TXBPAMM-OFF-EX.01.16 5.2015
NO CHANGES LINES OF BUSINESS
(Check all applicable products)
Managed Health Care Coverage:
Single Option:
Plan
Dual Option:
Plan 1 Select Product
Plan 2 Select Product
Triple Option:
Select three plans. All three may be HSA or HCA plans.
Only one HMO plan may be selected.
Plan 1 Select Product
Plan 2 Select Product
Plan 3 Select Product
If BlueEdge HCA Plans are selected, the appropriate HCA
BPA with HCA Administrative Services Agreement must be
completed, signed and submitted.
If a BlueEdge HSA Plan is selected, provide name of HSA
administrator or trustee:
BlueEdge FSA Vendor ConnectYourCare
Blue Directions (Private Exchange)
If Blue Directions is selected, the Blue Directions Addendum is
attached and made part of the Policy.
Multiple Option Product (MOP)
Select one PPO, HCA or HSA, and one HMO plan.
Plan 1 Select Product
Plan 2 Select Product
HMO*
Plan
Additional Benefit Options:
Inpatient Mental Health (IPMH): IM4
Durable Medical Equipment (DME): Select DME
See HMO Legislative Elections for In-Vitro Fertilization and
Speech and Hearing Services options.
100% of eligible employees must reside, live or work in the
service area. The HMO service area includes all counties in
Texas.
*If only HMO health plan selected, please complete the
HMO Non-Network Plan Certification (item 2) in the
OTHER PROVISIONS section of this BPA.
DENTAL BENEFIT PLANS:
Employer-Paid Dental
Plan
Dual Option: Plan 1 Plan 2
Voluntary Group Dental
Plan
Life & Disability ( if checked, attach separate FDL application)
COMMENTS: Group is changing name to "TOWN OF PROSPER EMPLOYEE BENEFIT TRUST".
Item 9
Division of Health Care Service Corporation, a Mutual Legal Reserve Company,
an Independent Licensee of the Blue Cross and Blue Shield Association
7
TXBPAMM-OFF-EX.01.16 5.2015
NO CHANGES ACCOUNT EXPERIENCE – NEW GROUPS ONLY
Questions 1 & 2: use $10,000 for 51-100 employees or $20,000 for 100 or more employees.
1. Has any Participant received more than $ in medical benefits during the last 12 months? Yes No
2. Is any Participant expected to have claims in excess of $ during the next 12 months? Yes No
3. Is any Participant mentally or physically handicapped or disabled or not actively at work? Yes No
4. Has any Participant been diagnosed as having a high risk condition? Yes No
If any question is answered “yes,” details must be provided below:
RATES
For the current year’s premium and rate information, refer to the accepted finalized new group rates letter (“Letter”) or the
renewal exhibit (“Exhibit”) for complete details. The Letter, or Exhibit, shall be incorporated by reference and made part of
the BPA and Group Administration Document.
NO CHANGES CONTRIBUTION
STANDARD PREMIUM INFORMATION
1. Premium Period:
The first day of each calendar month through the last day of each calendar month.
The 15th day of each calendar month through the 14th day of the next calendar month.
2. The contribution of premium to be paid by the employer is:
PRODUCT Employee Only Employee/Child(ren) Employee/Spouse Employee/Family
HEALTH
Plan 1 % or $ % or $ % or $ % or $
Plan 2 % or $ % or $ % or $ % or $
Plan 3 % or $ % or $ % or $ % or $
DENTAL % or $ % or $ % or $ % or $
Plan 1 % or $ % or $ % or $ % or $
Plan 2 % or $ % or $ % or $ % or $
Participant
Age
Diagnosis or Nature of
the Disorder Dates of Treatment $ Amount of Claims Prognosis/Current
Treatment
Item 9
Division of Health Care Service Corporation, a Mutual Legal Reserve Company,
an Independent Licensee of the Blue Cross and Blue Shield Association
8
TXBPAMM-OFF-EX.01.16 5.2015
3. Grace Period (HMO only): thirty (30) days – standard.
4. Prior written notification by BCBSTX/HMO to employer for change of premium rates is 60 days
5. Additional Information/Comments:
NO CHANGES BILLING SPECIFICATIONS
Employees Listed: alphabetically by location
If by location, list locations including location numbers if applicable:
Sort by: Unique Identification Number (standard) Social Security Number
Billing format:
(complete only if special billing requirements are needed.)
Benefit Agreement
Also Page Break
Categories
Multiple Billing Profiles
Explanation:
NO CHANGES ID CARD DELIVERY
Mail ID Cards to:
Account
Member’s homes (standard)
NO CHANGES OTHER PROVISIONS
1. Electronic Issuance: The Employer consents to receive, via an electronic file or access to an electronic file, any
Certificate Booklet provided by BCBSTX/HMO to the Employer for delivery to each Employee. The Employer further
agrees that it is solely responsible for providing each Employee access to the most current version of any E-file
Certificate Booklet, amendment, or other revised form provided by BCBSTX/HMO, or to provide a paper copy of the
same to an Employee upon request or to an HMO subscriber who has not agreed to accept the certificate of coverage
electronically. The Employer is solely responsible and holds BCBSTX/HMO harmless from any misuse of the E-file
provided by BCBSTX/HMO.
Accept – Employer consents to receive electronic versions of certificate-booklets for covered Employees.
Decline – Employer does not consent to receive electronic versions of certificate-booklets for covered Employees or
the Contract and desires BCBSTX/HMO to print and distribute hard copy versions.
Authorized Company Official’s Initials: Date:
2. (HMO only) HMO Non-Network Plan Certification:
The Texas Insurance Code mandates HMOs whose network based delivery system of coverage is the only health
benefit coverage being offered under an employer’s health benefit plan must offer all Eligible Subscribers the opportunity
to obtain other health coverage through a non-network plan at the time of enrollment and at least annually.
The non-network coverage required by law may be provided through a point-of-service contract, a preferred provider
benefit plan, or any coverage arrangement that allows an employee to access services outside the HMO's or limited
provider network's delivery network. New and renewing groups who refuse to offer or certify that they offered a non-
network plan concurrent with the HMO-only will not be allowed to purchase or renew coverage through BCBSTX/HMO.
To comply with the provisions of this mandate, BCBSTX/HMO requests employer groups certify a non-network plan will
be offered to Eligible Subscribers.
Describe Non-Network Product Offered:
Authorized Company Official’s Initials:
Item 9
Division of Health Care Service Corporation, a Mutual Legal Reserve Company,
an Independent Licensee of the Blue Cross and Blue Shield Association
9
TXBPAMM-OFF-EX.01.16 5.2015
3. This BPA is incorporated into and made a part of the Contract entered into and agreed upon by BCBSTX/HMO and the
account.
4. Changes in state or federal law or regulations or interpretations thereof may change the terms and conditions of
coverage.
ADDITIONAL PROVISIONS:
A. Grandfathered Health Plans: Employer shall provide BCBSTX with written notice prior to renewal (and during
the plan year, at least 60 days advance written notice) of any changes in its Contribution Rate Based on Cost of
Coverage or Contribution Rate Based on a Formula towards the cost of any tier of coverage for any class of
Similarly Situated Individuals as such terms are described in applicable regulations. Any such changes (or failure
to provide timely notice thereof) can result in retroactive and/or prospective changes by BCBSTX to the terms and
conditions of coverage. In no event shall BCBSTX be responsible for any legal, tax or other ramifications related to any
benefit package of any group health insurance coverage (each hereafter a “plan”) qualifying as a “grandfathered health
plan” under the Affordable Care Act and applicable regulations or any representation regarding any plan's past, present
and future grandfathered status. The grandfathered health plan form (“Form”), if any, shall be incorporated by reference
and part of the BPA and Group Policy, and Employer represents and warrants that such Form is true, complete and
accurate. If Employer fails to timely provide BCBSTX with any requested grandfathered health plan information,
BCBSTX may make retroactive and/or prospective changes to the terms and conditions of coverage, including changes
for compliance with state or federal laws or regulations or interpretations thereof.
B. Retiree Only Plans and/or Excepted Benefits: If the BPA includes any retiree only plans and/or excepted benefits,
then Employer represents and warrants that one or more such plans is not subject to some or all of the provisions of
Part A (Individual and Group Market Reforms) of Title XXVII of the Public Health Service Act (and/or related provisions
in the Internal Revenue Code and Employee Retirement Income Security Act) (an “exempt plan status”). Any
determination that a plan does not have exempt plan status can result in retroactive and/or prospective changes by
BCBSTX to the terms and conditions of coverage. In no event shall BCBSTX be responsible for any legal, tax or other
ramifications related to any plan’s exempt plan status or any representation regarding any plan’s past, present and
future exempt plan status.
C. Employer shall indemnify and hold harmless BCBSTX and its directors, officers and employees against any and all
loss, liability, damages, fines, penalties, taxes, expenses (including attorneys’ fees and costs) or other costs or
obligations resulting from or arising out of any claims, lawsuits, demands, governmental inquiries or actions,
settlements or judgments brought or asserted against BCBSTX in connection with (a) any plan’s grandfathered health
plan status, (b) any plan’s exempt plan status, (c) any directions, actions and interpretations of the Employer, and/or (d)
any provision of inaccurate information. Changes in state or federal law or regulations or interpretations thereof may
change the terms and conditions of coverage.
The provisions of paragraphs A-C (directly above) shall be in addition to (and do not take the place of) the other terms and
conditions of coverage and/or administrative services between the parties.
Item 9
Division of Health Care Service Corporation, a Mutual Legal Reserve Company,
an Independent Licensee of the Blue Cross and Blue Shield Association
10
TXBPAMM-OFF-EX.01.16 5.2015
ACA FEE NOTICE: ACA established a number of taxes and fees that will affect our customers and their benefit plans. Two
of those fees are: (1) the Annual Fee on Health Insurers or “Health Insurer Fee”; and (2) the Transitional Reinsurance
Program Contribution Fee or “Reinsurance Fee”. Both the Reinsurance Fee and Health Insurer Fee go into effect in 2014.
Section 9010(a) of ACA requires that “covered entities” providing health insurance (“health insurers”) pay an annual fee to
the federal government, commonly referred to as the Health Insurer Fee. The amount of this fee for a given calendar year
will be determined by the federal government and involves a formula based in part on a health insurer’s net premiums
written with respect to health insurance on certain health risk during the preceding calendar year. This fee will go to help
fund premium tax credits and cost-sharing subsidies offered to certain individuals who purchase coverage on health
insurance exchanges.
In addition, ACA Section 1341 provides for the establishment of a temporary reinsurance program(s) (for a three (3) year
period (2014-2016)) which will be funded by Reinsurance Fees collected from health insurance issuers and self-funded
group health plans. Federal and state governments will provide information as to how these fees are calculated. Federal
regulations establish a flat per member per month fee. The temporary reinsurance programs funded by these Reinsurance
Fees will help stabilize premiums in the individual market
Your premium, which already accounts for current applicable federal and state taxes, includes the effects of the Health
Insurer Fees and Reinsurance Fees. These rates may be adjusted on an annual basis for any incremental changes in
Health Insurer Fees and Reinsurance Fees.
Notwithstanding anything in the Policy or Renewal(s) to the contrary, BCBSTX reserves the right to revise our charge for
the cost of coverage (premium or other amounts) at any time if any local, state or federal legislation, regulation, rule or
guidance (or amendment or clarification thereto) is enacted or becomes effective/implemented, which would require
BCBSTX to pay, submit or forward, on its own behalf or on the Policyholder’s behalf, any additional tax, surcharge, fee, or
other amount (all of which may be estimated, allocated or pro-rated amounts)..
Renewals Only: (For the purposes of this Contract, the term “existing BPA” includes, if applicable, the initial Schedule of
Specifications and/or Group Agreement signed by the Employer, and any subsequent Schedules of Specifications and/or
Group Agreements and amendments thereto.) If this BPA is blank, it is intentional and this BPA is an addendum to the
existing BPA. In such case, all terms of the existing BPA as amended from time to time shall remain in force and effect.
However, beginning with the Employer’s first renewal date on or after September 23, 2010, the provisions of paragraphs A-
C (above) shall be part of (and be in addition to) the terms of the existing BPA as amended from time to time.
Item 9
Division of Health Care Service Corporation, a Mutual Legal Reserve Company,
an Independent Licensee of the Blue Cross and Blue Shield Association
11
TXBPAMM-OFF-EX.01.16 5.2015
I UNDERSTAND AND AGREE THAT:
1. BCBSTX reserves the right to take any or all of the following actions:
a) Initial rates for new groups will be finalized for the effective date of the policy based on the enrolled participation
and employer contribution levels; b) after the policy effective date the group will be required to maintain a minimum
employer contribution of 50%, and at least a 75% participation of eligible employees. In the event the group is
unable to maintain the contribution and participation requirements, then the rates will be adjusted accordingly;
and/or c) non-renew or discontinue coverage if the 50% minimum employer contribution is not met and/or less than
75% of eligible employees are enrolled for coverage for six consecutive months.
BCBSTX reserves the right to change premium rates when a substantial change occurs in the number or
composition of subscribers covered. A substantial change will be deemed to have occurred when the number of
Employees/Subscribers covered changes by ten percent (10%) or more over a thirty (30) day period or twenty five
percent (25%) or more over a ninety (90) day period.
Employer will promptly notify BCBSTX of any change in participation and Employer contribution.
2 Producer Statement (if applicable): I certify that I have reviewed all enrollment materials. I have also advised the
employer that I have no authority to bind these coverages, to alter the terms of the Contract(s), this BPA or
enrollment material in any manner or to adjust any claims for benefits under the Contract(s).
3. BCBSTX/HMO will report the value of all remuneration by BCBSTX/HMO to ERISA plans with 100 or more
participants for use in preparation of ERISA Form 5500 schedules. Reporting will also be provided upon request to
non-ERISA plans or plans with fewer than 100 participants. Reporting will include base commissions, bonuses,
incentives, or other forms of remuneration for which your agent/consultant is eligible for the sale or renewal of self-
funded and/or insured products.
4. The undersigned person represents that he/she is authorized and responsible for purchasing coverage on behalf of
the employer. It is understood that the actual terms and conditions of coverage are those contained in the Contract
into which this BPA shall be incorporated at the time of acceptance by BCBSTX/HMO. Upon acceptance,
BCBSTX/HMO shall issue a Contract to the employer and the employer shall be referred to as the “Employer or
Contractholder” (Non-HMO) and “Group” (HMO) in the Contract.
5. The Employer’s Benefit Program Application must pre-date the requested effective date and be received at
BCBSTX at its Home Office no less than thirty (30) days prior to the requested effective date.
Trina Marshall
Authorized BCBSTX/HMO Representative Signature of Authorized Purchaser
Account Executive
Title Title
10/21/15
Date Date
Agent Representative (if applicable)
Item 9
Division of Health Care Service Corporation, a Mutual Legal Reserve Company,
an Independent Licensee of the Blue Cross and Blue Shield Association
12
TXBPAMM-OFF-EX.01.16 5.2015
PROXY
The undersigned hereby appoints the Board of Directors of Health Care Service Corporation, a Mutual Legal Reserve
Company, or any successor thereof (“HCSC”), with full power of substitution, and such persons as the Board of Directors
may designate by resolution, as the undersigned’s proxy to act on behalf of the undersigned at all meetings of members of
HCSC (and at all meetings of members of any successor of HCSC) and any adjournments thereof, with full power to vote
on behalf of the undersigned on all matters that may come before any such meeting and any adjournment thereof. The
annual meeting of members shall be held each year in the corporate headquarters on the last Tuesday of October at 12:30
p.m. Special meetings of members may be called pursuant to notice mailed to the member not less than 30 nor more than
60 days prior to such meetings. This proxy shall remain in effect until revoked in writing by the undersigned at least 20
days prior to any meeting of members or by attending and voting in person at any annual or special meeting of members.
Group No.: By:
Print Signer's Name Here
Signature and Title
Group Name:
Address:
City:
State:
Zip Code:
Dated this day of
Month Year
Item 9
PA Division of Health Care Service Corporation, a Mutual Legal Reserve Company,
an Independent Licensee of the Blue Cross and Blue Shield Association
TX-G-H-CCD16-LG-R
TEXAS DEPARTMENT OF INSURANCE
REQUIRED DISCLOSURE NOTICE FOR ALL LARGE GROUP HMO
CONSUMER CHOICE BENEFIT PLANS ISSUED IN TEXAS
As required by 28 TAC §21.3530, I have been informed that the Consumer Choice Health Benefit Plan that I
am purchasing does not include all state mandated health insurance benefits. I understand that the following
benefits are provided at a reduced level from what is mandated, or excluded completely from the plan.
Mandated Benefit Description Benefit Reduced Benefit
Excluded
Copayments Section 11.506(2)(A),
Subchapter F, Title 28 Texas Insurance Code:
A reasonable copayment option may not
exceed 50 percent of the total cost of services
provided. A basic service HMO may not
impose copayment charges on any enrollee in
any calendar year, when the copayments made
by the enrolled in that calendar year total two
hundred percent of the total annual premium
cost which is required to be paid by or on
behalf of that enrollee.
For some services and supplies, this plan
may include cost-sharing that exceeds the
limits imposed by the mandated.
Deductibles Section 11.506(2)(B),
Subchapter F, Title 28 Texas Insurance Code:
A deductible shall be for specific dollar
amount of the cost of the basic, limited or
single health care service. An HMO shall
charge a deductible only for services
performed out of the HMO’s service area or for
services performed by a physician or provider
who is not in the HMO’s delivery network.
Deductibles may apply to some services
provided by HMO Participating Providers
in the HMO service area.
Deductibles may apply to Professional
Services, Inpatient Hospital Services,
Outpatient Facility Services, Outpatient
Lab and X-Ray Services, Rehabilitation
Services, Maternity Care and Family
Planning, Behavioral Health Services,
Emergency and Ambulance Services,
Extended Care Services, some Preventive
Care Services, Dental Surgical
Procedures, Cosmetic, Reconstructive or
Plastic Surgery, Allergy Care, Diabetes
Care, Prosthetic Appliances, Orthotic
Devices, Durable Medical Equipment,
Hearing Aids and Prescription Drugs.
Item 9
PA Division of Health Care Service Corporation, a Mutual Legal Reserve Company,
an Independent Licensee of the Blue Cross and Blue Shield Association
TX-G-H-CCD16-LG-R
This HMO Consumer Choice Health Benefit Plan may include requirements and/or restrictions on
deductibles, coinsurance, copayments or annual or lifetime benefit amounts that differ from other HMO plans.
I understand that I may obtain addition information on Consumer Choice Health Benefit Plans, either by
visiting the TDI website at www.tdi.texas.gov/consumer/index.html, or by calling 1-800-252-3439.
___________________________________________ ______________________________________
Signature of Applicant Name of Applicant (print name)
__________________________________________
Name of Business (if applicable)
___________________________________________
Address
__________________________ _______ _________
City State Zip
__________________________
Date
Note: This form must be retained by the carrier issuing the policy and must be provided to the
Commissioner of Insurance upon request. You have the right to a copy of this written disclosure free of
charge. A new form must be completed upon each subsequent renewal of this policy.
Item 9
Delta Dental Insurance Company
1701 Shoal Creek, Suite 240
Highland Village, TX 75077
Telephone: 800-775-0523
deltadentalins.com
October 22, 2015
Ms. Baby Raley
Town of Prosper
P. O. Box 307
Prosper, TX 75078
RE: Contract renewal for Town of Prosper
Group Number 44-17180
Dear Baby:
We appreciate your business and thank you for choosing Delta Dental Insurance Company
(Delta Dental). Your employees are among the millions nationwide who trust their smiles to
Delta Dental.
We are pleased to present you with your dental plan contract renewal information. We are
committed to providing you with quality plan designs combined with excellent customer service.
When reviewing your dental plan, we considered cost factors related to your group’s dental
service utilization and claims experience. Because of increases in one or both of these factors, we
have determined that an increase in your current rate is necessary. We have made every attempt
to keep this increase as low as possible.
We have calculated your rates based on the employer/employee contribution levels in your
contract remaining the same. If the contribution levels and/or enrollment guidelines have
changed or will change, please notify us immediately, as such a change may affect your renewal
rate.
The rates for the renewal contract period are:
Basic Plan
Effective date January 1, 2016
Contract term January 1, 2016 – December 31, 2017
Current rates Renewal rates
Employee $25.55 $ 32.45
Employee & Spouse $54.15 $ 68.77
Employee & Child(ren) $61.52 $ 78.13
Employee & Family $93.15 $118.30
Item 9
October 22, 2015
Group Number 44-17180
Buy Up Plan
Effective date January 1, 2016
Contract term January 1, 2016 – December 31, 2017
Current rates Renewal rates
Employee $ 30.73 $ 39.03
Employee & Spouse $ 72.09 $ 91.55
Employee & Child(ren) $ 89.07 $113.12
Employee & Family $ 129.70 $164.72
Please keep this renewal letter with your contract documents. It serves as an amendment to
your Delta Dental contracts for the rates and contract term.
To renew your dental plan contract, please follow these steps:
1) Review this letter for changes to your dental plan for 2016.
2) Begin paying the rates outlined in this letter with your new contract term.
If you choose not to renew your contract, please notify Tammy Adams at 800-775-0523 ext.
3043 and advise us in writing.
If you have any questions about your renewal, your account manager will be happy to help. We
appreciate your continued confidence in Delta Dental. We are proud of our association with you
and look forward to a long and mutually successful relationship.
Sincerely,
Delta Dental Insurance Company
Melissa Fullerton Tammy Adams
Vice President, Western Region Account Manager
c: Cristina Palacios
Accepted and agreed to on this 27th day of October 2015.
__________________________________________________
Town Manager
Item 9
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 – October 27, 2015
Agenda Item:
Consider and act upon awarding Bid No. 2015-40-B to Tiseo Paving Co. related to construction
services for the Coleman Street Improvements (Victory Way to SH 289) project; and authorizing
the Town Manager to execute a construction agreement for same.
Description of Agenda Item:
On May 14, 2015, at 2:00 PM, five bids were opened for the Coleman Street Improvements
(Victory Way to SH 289) project. The verified base bid totals from the bidders ranged between
$1,182,935.45 and $1,493,224.00 with Tiseo Paving Co. being the lowest bidder. Tiseo has
recently completed the Coleman Street (Prosper Trail to Talon Lane) project.
This contract will construct a new two-lane urban concrete roadway consisting of the two northern
lanes of an ultimate four-lane minor arterial, plus the construction of the southern lanes and a left
turn lane at the intersection with Preston Road, and a southbound right turn lane on Preston Road.
Construction of box culverts and other drainage improvements are also included within this project.
The contract specifies a substantial completion time of 90 calendar days, or three months. Staff
anticipates issuing a notice to proceed on this contract effective early January, which would result
in a substantial completion date in early April. Once complete, staff will coordinate with Prosper
ISD regarding opening of the roadway since it will provide a new access point to Prosper High
School. A school zone flasher and related equipment for this new roadway has already been
installed east of Prosper High School in anticipation of this project.
An analysis of the franchised utilities within the project limits, especially at the intersection with
Preston Road, has determined that no utilities are in conflict with the proposed roadway
improvements. The Town has filed a petition for eminent domain of one right-of-way parcel and two
drainage easement parcels associated with this project. Possession of these parcels is expected to
occur no later than mid-December. It is anticipated that the contractor will not begin construction
until after the new year because of upcoming holidays.
Budget Impact:
The 2015-2016 Capital Improvement Program includes $4,400,000 in funding for Coleman Street
between Prosper Trail and Preston Road. This amount includes all engineering, land acquisition,
and construction services for both phases of the project (Prosper Trail to Talon Lane and Victory
Way to Preston Road). The funding sources include drainage bonds, roadway and water impact
fees, developer escrows, and Collin County bond funding.
Prosper is a place where everyone matters.
ENGINEERING
Item 10
Page 2 of 2
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard construction agreement
as to form and legality.
Attached Documents:
1. Location Map
2. Bid Tabulation Summary
3. Construction Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council award Bid No. 2015-40-B to Tiseo Paving Co.
related to construction services for the Coleman Street Improvements (Victory Way to SH 289)
project; and authorize the Town Manager to execute a construction agreement for same.
Proposed Motion:
I move to award Bid No. 2015-40-B to Tiseo Paving Co. related to construction services for the
Coleman Street Improvements (Victory Way to SH 289) project; and authorize the Town Manager
to execute a construction agreement for same.
Item 10
Coleman Street Improvements
(Prosper Trail to Preston Road)
Phase 2: Victory Way to Preston Road
This Contract
Phase 1: Prosper Trail to Talon Lane
Under Construction
Item 10
Bid No: 2015-40-B Coleman Street Improvements - Victory Lane to SH 289
Bid Opening: 5/14/15 at 2:00 PM
Base Bid
Tiseo Paving Company $ 1,182,935.45
Mario Sinacola & Sons Excavating, Inc. $ 1,226,115.27
McMahon Contracting, LP $ 1,328,924.46
Pavecon Public Works LP $ 1,452,359.30
Felix Associates of Florida, Inc., dba Lone Star Civil Construction, Inc. $ 1,493,224.00
**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
Bid Tabulation
Certified By: January M. Cook, CPPO, CPPB Date: 5/14/2015
Purchasing Agent
Town of Prosper, Texas
Item 10
Item 10
COLEMAN STREET IMPROVEMENTS – VICTORY WAY TO SH 289
PAGE 1
TABLE OF CONTENTS
TABLE OF CONTENTS .................................................................................................. 1
LEGAL NOTICE .............................................................................................................. 2
INSTRUCTIONS TO BIDDERS ...................................................................................... 3
BID PROPOSAL FORM .................................................................................................. 4
BID BOND ..................................................................................................................... 15
OUT-OF-STATE CONTRACTOR COMPLIANCE TO STATE LAW .............................. 17
CONSTRUCTION AGREEMENT .................................................................................. 18
PERFORMANCE BOND ............................................................................................... 31
PAYMENT BOND.......................................................................................................... 34
MAINTENANCE BOND ................................................................................................. 37
GENERAL CONDITIONS .............................................................................................. 40
SPECIAL CONDITIONS ................................................................................................ 57
APPENDIX .................................................................................................................... 66
A1 - GEOTECHNICAL REPORT
A2 - PROJECT INFORMATION SIGN
Item 10
COLEMAN STREET IMPROVEMENTS – VICTORY WAY TO SH 289
PAGE 2
LEGAL NOTICE
The Town of Prosper is accepting sealed bids for Coleman Street Improvements, Town Bid
No. 2015-40-B. Bids will be accepted until 2:00 p.m. on Thursday, May 14, 2015 at the Town
Hall Annex, 151 S. Main St., Prosper, Texas 75078. Any bids received after this time will not be
accepted, and will be returned unopened. Bids will be publicly opened and read aloud at the
Town Hall Annex, 151 S. Main St., Prosper, Texas 75078 immediately following this time.
The Project consists of furnishing all labor, equipment and materials (except as otherwise
specified), and performing all work necessary for the construction of approximately 2,700-lf of 2-
lane concrete curb and gutter roadway with internal storm drain (including culvert crossings and
headwalls). The project also includes a southbound right-turn lane on SH 289.
Each bid submitted shall be accompanied by a cashier's check in the amount of five percent (5%)
of the maximum amount bid, payable without recourse to the Town of Prosper, or a Bid Bond in
the same amount from a reliable surety company as a guarantee that, if awarded the contract,
the Bidder will execute a Construction Agreement with the Town, including all required bonds and
other documents.
The successful bidder shall furnish performance and payment bonds in the amount of 100% of
the contract amount as well as evidence of all required insurance coverage within ten (10)
calendar days of notice of award. The successful bidder shall also furnish a Maintenance Bond
in the amount of 10% of the contract sum covering defects of material and workmanship for two
calendar years following the Town's approval and acceptance of the construction. An approved
surety company, licensed in the State of Texas, shall issue all bonds in accordance with Texas
law.
Copies of Plans, Specifications, and Contract Documents may be examined at the Town of
Prosper Engineering Department, 407 E. First Street, Prosper, Texas, (972) 569-1097 without
charge. These documents may be acquired from Kimley-Horn and Associates, Inc., 2201 W.
Royal Lane, Suite 275, Irving, TX 75063 for the non-refundable purchase price of $100.00 per
set, payable to Kimley-Horn and Associates, Inc. Copies of Plans, Specifications, and Contract
Documents may also be downloaded free of charge from Current Bidding Opportunities, at the
following link: http://www.prospertx.gov/Purchasing.aspx.
Questions and requests for clarifications in regards to this bid should be emailed directly to
January Cook, CPPO, CPPB, Purchasing Agent, at january_cook@prospertx.gov. May 7, 2015,
at 12:00 p.m. will be the deadline for receipt of questions and requests for clarifications. After that
day and time, no further questions or requests for clarifications will be accepted or answered by
the Engineer or Town.
Item 10
COLEMAN STREET IMPROVEMENTS – VICTORY WAY TO SH 289
PAGE 3
INSTRUCTIONS TO BIDDERS
1. Submittal Deadline: Bids will be accepted until 2:00 PM on Thursday, May 14, 2015.
2. Submittal Location: Bids will be accepted at the Town Hall Annex, 151 S. Main St., Prosper,
Texas 75078.
3. Submittal Requirements: Each Bidder shall submit two (2) copies of their bid, along with their
bid security and Out of State Contractor Compliance (if necessary), in a sealed envelope
clearly marked with their name and Town Bid No. 2015-40-B, Coleman Street
Improvements – Victory Way to SH 289.
4. Bid Opening: Bids will be publicly opened and read aloud at the Town Hall Annex, 151 S. Main
St., Prosper, Texas 75078 immediately following the bid deadline.
5. Bidding Documents: Copies of Plans, Specifications, and Contract Documents may be
examined without charge or obtained for the non-refundable purchase price of $100 per set
at the following location:
Kimley-Horn and Associates, Inc.
Attn: L. Nathan Ante, P.E., Project Engineer
2201 West Royal Lane, Suite 275
Irving, TX 75063
Phone: (214) 420-5603
nathan.ante@kimley-horn.com
or
Download free of charge from Current Bidding Opportunities, at the following link:
http://www.prospertx.gov/Purchasing.aspx
6. Requests for Clarification: All formal inquiries and requests for clarification should be made to
the Town of Prosper Purchasing Agent no later than May 7, 2015, at 12:00 p.m.
Town of Prosper Purchasing Department
Attn: January Cook, CPPO, CPPB, Purchasing Agent
Town Hall Annex
151 S. Main St.
Prosper, Texas 75078
Phone: 972.569.1018
january_cook@prospertx.gov
7. Addenda: If it becomes necessary to provide additional information to potential Bidders, the
Town of Prosper will issue an addendum containing the necessary information. It is the intent
of the Town that any addenda will be issued by 2:00 p.m. on May 12, 2015.
8. Pre-Bid Meeting: A pre-bid meeting will not be held for this project.
Item 10
COLEMAN STREET IMPROVEMENTS – VICTORY WAY TO SH 289
PAGE 4
BID PROPOSAL FORM
Coleman Street Improvements
Town Bid No. 2015-40-B
BIDDER:
ADDRESS:
PHONE:
PRIMARY CONTACT:
PLEASE SUBMIT THREE (3) COPIES OF YOUR BID. ANY BID RECEIVED WITHOUT THE
THREE (3) COPIES WILL BE CONSIDERED NONRESPONSIVE.
1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an
agreement with Owner in the form included in the Contract Documents to perform and furnish
all Work as specified or indicated in the Contract Documents for the Contract Price and within
the Contract Time indicated in this Bid and in accordance with the other terms and conditions
of the Contract Documents.
2. Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and
Instructions to Bidders, including without limitation those terms and conditions dealing with
the disposition of Bid guaranty. This Bid will remain subject to acceptance for 90 calendar
days after the day of opening Bids. Bidder will sign and submit the Agreement with the Bonds
and other documents required by the Contract Documents within ten (10) calendar days after
the date of Owner's Notice of Award.
3. The right is reserved, as the interest of the Owner may require, to reject any and all Bids and
to waive any informality in the Bids received.
4. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that:
5. Bidder has examined copies of all the Contract Documents and of the following Addenda
(receipt of which is hereby acknowledged):
Number Dated Received
No. 1
No. 2
No. 3
No. 4
6. Bidder has familiarized itself with the nature and extent of the Contract Documents, Work,
site, locality, and all local conditions and Laws and Regulations that in any manner may affect
cost, progress, performance or furnishing of the Work.
Item 10
COLEMAN STREET IMPROVEMENTS – VICTORY WAY TO SH 289
PAGE 5
7. Bidder has obtained and carefully studied (or assumes responsibility for obtaining and
carefully studying) all such examinations, investigations, explorations, tests and studies that
pertain to the subsurface or physical conditions at the site or which otherwise may affect the
cost, progress, performance or furnishing of the Work as Bidder considers necessary for the
performance or furnishing of the Work at the Contract Price, within the Contract Time and in
accordance with the other terms and conditions of the Contract Documents, and no additional
examinations, investigations, explorations, tests, reports or similar information or data are or
will be required by Bidder for such purposes.
8. Bidder has reviewed and checked all information and data shown or indicated on the Contract
Documents with respect to existing Underground Facilities at or contiguous to the site and
assumes responsibility for the accurate location of said Underground Facilities. No additional
examinations, investigations, explorations, tests, reports or similar information or data in
respect of said Underground Facilities are or will be required by the Bidder in order to perform
and furnish the Work at the Contract Price, within the Contract Time and in accordance with
the other terms and conditions of the Contract Documents.
9. Bidder has correlated the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the terms and conditions of the Contract
Documents.
10. Bidder has given Engineer written notice of all conflicts, errors or discrepancies that it has
discovered, if any, in the Contract Documents and the written resolution thereof by Engineer
is acceptable to Bidder.
11. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person,
firm or corporation and is not submitted in conformity with any agreement or rules of any
group, association, organization or corporation; Bidder has not directly or indirectly induced
or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced
any person, firm or corporation to refrain from submitting a Bid; and Bidder has not sought by
collusion to obtain for itself any advantage over any other Bidder or over Owner.
12. Bidder shall substantially complete the Work for the price(s) shown in the following schedule
of bid items within 90 calendar days and shall address all outstanding issues and be ready for
final payment within 30 additional calendar days of substantial completion.
NOTE: Bidder may substitute a computer printout for this bid schedule provided the computer
printout contains identical item numbers, quantities, and descriptions to those provided in this
bid schedule. In case of ambiguity or lack of clearness in stating prices in this Bid, the Owner
reserves the right to accept the most advantageous construction thereof to the Owner or to
reject the bid.
Item 10
BID FORM
Item Spec.Name of Pay Item with Bid Unit Bid
No. Item Unit Price in Words Quantity Unit Price
BASE BID
1 1LS
SC.05 Complete in Place, for the Sum of
Dollars and
Cents per unit $ $
2 1LS
SC.05 Complete in Place, for the Sum of
NCTCOG
203.3 Dollars and
Cents per unit $ $
3 1LS
SC.05 Complete in Place, for the Sum of
Dollars and
Cents per unit $ $
4 1LS
SC.05 Complete in Place, for the Sum of
NCTCOG
201 Dollars and
Cents per unit $ $
5 3,470 LF
SC.05 Complete in Place, for the Sum of
NCTCOG
201.5 Dollars and
Cents per unit $ $
6 15 EA
SC.05 Complete in Place, for the Sum of
NCTCOG
201.14 Dollars and
Cents per unit $ $
7 2EA
SC.05 Complete in Place, for the Sum of
NCTCOG
201.9 Dollars and
Cents per unit $ $
8 10,932 CY
SC.05 Complete in Place, for the Sum of
NCTCOG
203.4 Dollars and
Cents per unit $ $
9 11,052 CY
SC.05 Complete in Place, for the Sum of
NCTCOG
203.7 Dollars and
Cents per unit $ $
10 10,040 SY
NCTCOG Complete in Place, for the Sum of
301
Dollars and
Cents per unit $ $
11 241 TON
NCTCOG Complete in Place, for the Sum of
301.2
Dollars and
Cents per unit $ $
STORM WATER POLLUTION PREVENTION PLAN
UNCLASSIFIED STREET EXCAVATION
BORROW/EMBANKMENT
HYDRATED LIME
INLET PROTECTION
SILT FENCE (INSTALL/MAINTAIN/REMOVE)
ROCK CHECK DAM
Amount
Bid
BARRICADES, SIGNS, AND TRAFFIC HANDLING (WITH CLOSURES)
MOBILIZATION
GENERAL SITE PREPARATION (ALL REMOVALS)
8" LIME STABILIZED SUBGRADE @ 8%, APPROX 48#/SY
PAGE 6
Item 10
BID FORM
Item Spec.Name of Pay Item with Bid Unit Bid
No. Item Unit Price in Words Quantity Unit Price
BASE BID
Amount
Bid
12 8,614 SY
NCTCOG Complete in Place, for the Sum of
303
Dollars and
Cents per unit $ $
13 660 SY
TxDOT Complete in Place, for the Sum of
360
Dollars and
Cents per unit $ $
14 50 LF
NCTCOG Complete in Place, for the Sum of
305.4
Dollars and
Cents per unit $ $
15 62 TON
NCTCOG Complete in Place, for the Sum of
302.9
Dollars and
Cents per unit $ $
16 21 TON
NCTCOG Complete in Place, for the Sum of
302.9
Dollars and
Cents per unit $ $
17 162 TON
TxDOT Complete in Place, for the Sum of
316
Dollars and
Cents per unit $ $
18 90 LF
TxDOT Complete in Place, for the Sum of
618
Dollars and
Cents per unit $ $
19 2EA
SC.05 Complete in Place, for the Sum of
Dollars and
Cents per unit $ $
20 730 LF
SC.05 Complete in Place, for the Sum of
TxDOT
666 Dollars and
Cents per unit $ $
21 575 LF
SC.05 Complete in Place, for the Sum of
TxDOT
666 Dollars and
Cents per unit $ $
22 36 LF
SC.05 Complete in Place, for the Sum of
TxDOT
666 Dollars and
Cents per unit $ $
8" REINF CONC PVMT W/ TXDOT TY II CURB (4,000 PSI) (TxDOT)
2" HMAC (TY D) (TRANSITION)
REINFORCED CONCRETE STREET HEADER
6" HMAC (TY B) (TRANSITION)
8" REINF CONC PVMT W/ 6" MONO CURB (4,000 PSI)
REFLECTIVE PAVEMENT MARKINGS, TYPE I (WHITE), 24" SOLID
REFLECTIVE PAVEMENT MARKINGS, TYPE I (WHITE), 4" SOLID
REFLECTIVE PAVEMENT MARKINGS, TYPE I (WHITE), 8" SOLID
4" HMAC (TY B) (TxDOT)
CONDUIT (PVC) (SCHD 40) (4") FOR FUTURE SIGNAL
PROJECT SIGN
PAGE 7
Item 10
BID FORM
Item Spec.Name of Pay Item with Bid Unit Bid
No. Item Unit Price in Words Quantity Unit Price
BASE BID
Amount
Bid
23 7EA
SC.05 Complete in Place, for the Sum of
TxDOT
666 Dollars and
Cents per unit $$
24 2EA
SC.05 Complete in Place, for the Sum of
TxDOT
666 Dollars and
Cents per unit $$
25 5,000 LF
SC.05 Complete in Place, for the Sum of
TxDOT
666 Dollars and
Cents per unit $$
26 94 LF
SC.05 Complete in Place, for the Sum of
TxDOT
666 Dollars and
Cents per unit $$
27 115 EA
SC.05 Complete in Place, for the Sum of
TxDOT
666 Dollars and
Cents per unit $$
28 2EA
SC.05 Complete in Place, for the Sum of
TxDOT
672 Dollars and
Cents per unit $$
29 8EA
SC.05 Complete in Place, for the Sum of
Dollars and
Cents per unit $$
30 60 LF
SC.05 Complete in Place, for the Sum of
TxDOT
540 Dollars and
Cents per unit $$
31 2EA
SC.05 Complete in Place, for the Sum of
TxDOT
544 Dollars and
Cents per unit $$
32 330 LF
TxDOT Complete in Place, for the Sum of
552
Dollars and
Cents per unit $$
33 1EA
PLANS Complete in Place, for the Sum of
Dollars and
Cents per unit $$
TY III BARRICADE
FURNISH AND INSTALL NEW SIGN AND SIGN POST ASSEMBLY
TYPE II-C-R 4" RAISED REFLECTORIZED PAVEMENT MARKER
METAL W-BEAM GUARD FENCE GF(31)-14 (TxDOT)
REFLECTIVE PAVEMENT MARKINGS, TYPE I (WHITE) WORD
REFLECTIVE PAVEMENT MARKINGS, TYPE I (YELLOW), 4" SOLID
REFLECTIVE PAVEMENT MARKINGS, TYPE I (WHITE) ARROW
TYPE II-A-A 4" RAISED REFLECTORIZED PAVEMENT MARKER
GUARDRAIL END TREATMENT SGT(7)31-11 (TxDOT)
BARBED WIRE FENCE W/STEEL POSTS
REFLECTIVE PAVEMENT MARKINGS, TYPE I (YELLOW), 12" SOLID
PAGE 8
Item 10
BID FORM
Item Spec.Name of Pay Item with Bid Unit Bid
No. Item Unit Price in Words Quantity Unit Price
BASE BID
Amount
Bid
34 1,219 SY
SC.05 Complete in Place, for the Sum of
NCTCOG
202 Dollars and
Cents per unit $ $
35 1,393 SY
SC.05 Complete in Place, for the Sum of
NCTCOG
202 Dollars and
Cents per unit $ $
36 890 LF
NCTCOG Complete in Place, for the Sum of
508
Dollars and
Cents per unit $ $
37 626 LF
NCTCOG Complete in Place, for the Sum of
508
Dollars and
Cents per unit $ $
38 84 LF
NCTCOG Complete in Place, for the Sum of
508
Dollars and
Cents per unit $ $
39 119 LF
TxDOT Complete in Place, for the Sum of
462
Dollars and
Cents per unit $ $
40 32 LF
TxDOT Complete in Place, for the Sum of
462
Dollars and
Cents per unit $ $
41 1EA
TxDOT Complete in Place, for the Sum of
466
Dollars and
Cents per unit $ $
42 1EA
SC.05 Complete in Place, for the Sum of
TxDOT
466 Dollars and
Cents per unit $ $
43 1EA
SC.05 Complete in Place, for the Sum of
TxDOT
466 Dollars and
Cents per unit $ $
44 81 LF
SC.05 Complete in Place, for the Sum of
TxDOT
450 Dollars and
Cents per unit $ $
HEADWALL WITH FORMLINER (AT CULVERT EXTENSION)
COMBINATION RAIL WITH FORMLINER
HEADWALL WITH FORMLINER (AT POND)
24" RCP CLASS III
SOD (BERMUDA) WITH 4" TOPSOIL
30" RCP CLASS III
7'X3' RCB
8'X7' RCB
BROADCAST SEEDING WITH 4" TOPSOIL
18" RCP CLASS III
HEADWALL FW-0
PAGE 9
Item 10
BID FORM
Item Spec.Name of Pay Item with Bid Unit Bid
No. Item Unit Price in Words Quantity Unit Price
BASE BID
Amount
Bid
45 1EA
NCTCOG Complete in Place, for the Sum of
702
Dollars and
Cents per unit $ $
46 4EA
NCTCOG Complete in Place, for the Sum of
702
Dollars and
Cents per unit $ $
47 1EA
NCTCOG Complete in Place, for the Sum of
702
Dollars and
Cents per unit $ $
48 3EA
TxDOT Complete in Place, for the Sum of
465
Dollars and
Cents per unit $ $
49 2EA
NCTCOG Complete in Place, for the Sum of
702
Dollars and
Cents per unit $ $
50 1EA
TxDOT Complete in Place, for the Sum of
465
Dollars and
Cents per unit $ $
51 1EA
NCTCOG Complete in Place, for the Sum of
702
Dollars and
Cents per unit $ $
52 1EA
SC.05 Complete in Place, for the Sum of
TxDOT
465 Dollars and
Cents per unit $ $
53 3EA
SC.05 Complete in Place, for the Sum of
TxDOT
465 Dollars and
Cents per unit $ $
54 52 CY
NCTCOG Complete in Place, for the Sum of
803
Dollars and
Cents per unit $ $
55 45 CY
TxDOT Complete in Place, for the Sum of
432
Dollars and
Cents per unit $ $
20' RECESSED CURB INLET
RIPRAP TYPE R (DRY) (TXDOT)
10' RECESSED CURB INLET
15' RECESSED CURB INLET
10' CURB INLET - TXDOT TYPE CI(1)-02 (DAL)
4' X 4' STORM WATER MANHOLE
2' X 2' DROP INLET WITH 4' CONCRETE APRON
8' X 8' JUNCTION BOX W/MH RISER
CONVERT EXISTING DROP INLET TO JUNCTION BOX
RIPRAP (6 "CONC)
CONVERT EXISTING CURB INLET TO JUNCTION BOX
PAGE 10
Item 10
BID FORM
Item Spec.Name of Pay Item with Bid Unit Bid
No. Item Unit Price in Words Quantity Unit Price
BASE BID
Amount
Bid
56 1,751 LF
NCTCOG Complete in Place, for the Sum of
107.19.3
Dollars and
Cents per unit $ $
57 1EA
NCTCOG Complete in Place, for the Sum of
502.1
Dollars and
Cents per unit $ $
TOTAL BASE BID
(Total Base Bid, Numerical Value)
Dollars
and Cents
*The Owner reserves the right to delete any bid items or portions thereof. If the Owner elects to delete any portions of the
PROJECT from the contract, then the contract can be awarded on that basis.
TRENCH SAFETY - STORM
ADJUST SSMH TO PROP GRADE
(Total Base Bid, in Words)
PAGE 11
Item 10
COLEMAN STREET IMPROVEMENTS – VICTORY WAY TO SH 289
PAGE 12
13. Bidder hereby agrees to commence work within ten (10) days after the date written Notice to
Proceed shall have been given to him, and to substantially complete the work on which he
has bid within 90 calendar days as part of this Proposal and shall address all outstanding
issues and be ready for final payment within 30 additional calendar days of substantial
completion. All such time restrictions are subject to such extensions of time as are provided
by the General Provisions and Special Conditions.
14. Bidder agrees that the implementation of the Owner’s right to delete any portion of the
improvements shall not be considered as waiving or invalidating any conditions or provisions
of the contract or bonds. Bidder shall perform the Work as altered and no allowances shall
be made for anticipated profits.
15. Since the Work on this Project is being performed for a governmental body and function, the
Owner will issue to the Contractor a certificate of exemption for payment for the State Sales
TAX on materials incorporated into this Project if requested.
16. Each bidder shall include the following information in this Bid:
Cost of
Materials
Cost of
Labor, Profit, etc.
Total
Amount Of Bid
Base Bid $______________ $______________ $______________
Additive Bid $______________ $______________ $______________
17. Each Bidder shall include a list of proposed subcontractors, the type of work to be completed
by each such subcontractor and the approximate percentage of contract labor to be completed
by each subcontractor. If additional space is necessary to provide a complete listing, please
attach such additional pages as may be required. Owner reserves the right to accept or reject
any subcontracts and/or amount subcontracted that it deems to be objectionable.
Subcontractor's Name Type of Work % of Work
1.
2.
3.
4.
5.
6.
Total % of Work Subcontracted:
Item 10
COLEMAN STREET IMPROVEMENTS – VICTORY WAY TO SH 289
PAGE 13
18. Each Bidder shall include a list of proposed suppliers of major materials and equipment to be
furnished and installed in connection with this Bid. If additional space is necessary to provide
a complete listing, please attach such additional pages as may be required.
Supplier's Name Type of Material / Equipment
1.
2.
3.
4.
5.
6.
19. In the event of the award of a contract to the undersigned, the undersigned will furnish
Performance and Payment Bonds for the full amount of the contract, to secure proper
compliance with the terms and provisions of the contract with sureties offered by
______________________________________________ to insure and guarantee the work
until final completion and acceptance, and to guarantee payment of all lawful claims for labor
performed and materials furnished in the fulfillment of the contract. In addition, the
undersigned will furnish a Maintenance Bond in the amount of 10% of the contract sum
covering defects of material and workmanship for two calendar years following the Owner's
approval and acceptance of the construction.
20. The work, proposed to be done, shall be accepted when fully completed in accordance with
the plans and specifications, to the satisfaction of the Engineer and the Owner.
21. The undersigned certifies that the bid prices contained in this Bid have been carefully checked
and are submitted as correct and final.
Item 10
COLEMAN STREET IMPROVEMENTS – VICTORY WAY TO SH 289
PAGE 14
This is a Bid of _____________________________________, a corporation organized and
existing under the laws of the State of _______________________, or a limited partnership
organized and existing under the laws of the State of _______________________, or a
partnership, consisting of _____________________________________________ or an
Individual doing business as ___________________________________________________.
Seal and Authorization _________________________________________
(If a Corporation) (Signed)
_________________________________________
(Title)
_________________________________________
(Street Address)
_________________________________________
(Town and State)
_________________________________________
(Telephone Number)
_________________________________________
(Date)
Item 10
COLEMAN STREET IMPROVEMENTS – VICTORY WAY TO SH 289
PAGE 15
BID BOND
STATE OF TEXAS )
)
COUNTY OF COLLIN )
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, __________, whose
address is _ _______________ ___ , hereinafter called Principal, and
______________________________, a corporation organized and existing under the laws of the
State of ___________, and fully licensed to transact business in the State of Texas, as Surety,
are held and firmly bound unto the Town of Prosper, a home-rule municipal corporation organized
and existing under the laws of the State of Texas, hereinafter referred to as “Owner,” in the penal
sum of $__________________as the proper measure of liquidated damages arising out of or
connected with the submission of a Bid Proposal for the construction of a public work project, in
lawful money of the United States, to be paid in Collin County, Texas, for the payment of which
sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and
successors jointly and severally, firmly by these presents. The condition of the above obligation
is such that whereas the Principal has submitted to Owner a certain Bid Proposal, attached hereto
and hereby made a part hereof, to enter into a contract in writing, for the construction of:
COLEMAN STREET IMPROVEMENTS
TOWN BID NO. 2015-40-B
NOW, THEREFORE, if the Principal’s Proposal shall be rejected or, in the alternative, if
the Principal’s Proposal shall be accepted and the Principal shall execute and deliver a contract
in the form of the Contract attached hereto (properly completed in accordance with said Proposal)
and shall furnish performance, payment and maintenance bonds required by the Contract
Documents for the Project and provide proof of all required insurance coverages for the Project
and shall in all other respects perform the agreement created by the acceptance of said Proposal,
then this obligation shall be void, otherwise the same shall remain in force and affect; it being
expressly understood and agreed that the liability of the Surety for any breech of condition
hereunder shall be in the face amount of this bond and forfeited as a proper measure of liquidated
damages.
PROVIDED FURTHER, that if any legal action were filed on this Bond, exclusive Venue
shall lie in Collin County, Texas.
AND PROVIDED FURTHER, the Surety, for value received, hereby stipulates and agrees
that the obligations of said Surety and its bond shall be in no way impaired or affected by an
extension of the time within which the Owner may accept such Proposal; and said Surety does
hereby waive notice of any such extension.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Collin County or Dallas County to whom any requisite notices may be delivered
and on whom service of process may be had in matters arising out of such suretyship, as provided
by Article 7.19-1 of the Insurance Code, Vernon’s Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in ______ copies, each one of which
shall be deemed an original, this, the ________ day of ________________, 20____.
Item 10
COLEMAN STREET IMPROVEMENTS – VICTORY WAY TO SH 289
PAGE 16
ATTEST: PRINCIPAL:
___________________________________
Company Name
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Typed/Printed Name Typed/Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
ATTEST: SURETY:
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Printed Name Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice
and service of the process is:
NAME:
STREET ADDRESS:
CITY, STATE, ZIP:
NOTE: If Resident Agent is not a corporation, give a person’s name.
Item 10
COLEMAN STREET IMPROVEMENTS – VICTORY WAY TO SH 289
PAGE 17
OUT-OF-STATE CONTRACTOR COMPLIANCE TO STATE LAW
Texas Government Code §2252.002 provides that, in order to be awarded a contract as
low bidder, a non-resident bidder (out-of-state contractor whose corporate office or
principal place of business is outside the State of Texas) bid projects in Texas at an
amount lower than the lowest Texas resident bidder by the same amount that a Texas
resident bidder would be required to underbid a non-resident bidder in order to obtain a
comparable contract in the state in which the non-resident's principal place of business
is located. The appropriate blanks in the following statement must be filled out by all
out-of-state or non-resident bidders in order for those bids to meet specifications. (This
information may be obtained from the Texas Register.) The failure of out-of-state or
non-resident contractors to do so will automatically disqualify that bidder.
Non-resident contractor in ___________________ (give state), our principal place of
business, is required to be _________ percent lower than resident bidders by State Law.
The exact language of the statute is set out below.
Non-resident contractor in ___________________ (give state), our principal place of
business, is not required to underbid resident bidders.
BIDDER
______ By
Company (Please Print)
Address Signature
____________________________ _______________
City State Zip Title (Please Print)
“Tex. Gov’t Code Sec. 2252.002. AWARD OF CONTRACT TO
NONRESIDENT BIDDER. A governmental entity may not award a
governmental contract to a nonresident bidder unless the
nonresident underbids the lowest bid submitted by a responsible
resident bidder by an amount that is not less than the amount by
which a resident bidder would be required to underbid the
nonresident bidder to obtain a comparable contract in the state in
which the nonresident's principal place of business is located.”
Item 10
COLEMAN STREET IMPROVEMENTS – VICTORY WAY TO SH 289
PAGE 18
CONSTRUCTION AGREEMENT
THE STATE OF TEXAS )
) KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN )
This Construction Agreement (the "Agreement") is made by and between
_________________, a ____________, (the "Contractor") and the Town of Prosper, Texas, a
municipal corporation (the "Owner"). For and in consideration of the payment, agreements
and conditions hereinafter mentioned, and under the conditions expressed in the bonds
herein, Contractor hereby agrees to complete the construction of improvements
described as follows:
COLEMAN STREET IMPROVEMENTS
TOWN BID NO. 2015-40-B
in the Town of Prosper, Texas, and all extra work in connection therewith, under the terms
as stated in the terms of this Contract, including all Contract Documents incorporated
herein; and at his, her or their own proper cost and expense to furnish all
superintendence, labor, insurance, equipment, tools and other accessories and services
necessary to complete the said construction in accordance with all the Contract
Documents, incorporated herein as if written word for word, and in accordance with the
Plans, which include all maps, plats, blueprints, and other drawings and printed or written
explanatory manner therefore, and the Specifications as prepared by Town of Prosper or
its consultant hereinafter called Engineer, who has been identified by the endorsement
of the Contractor's written proposal, the General Conditions of this Contract, the Special
Conditions of this Contract, the payment, performance, and maintenance bonds hereto
attached; all of which are made a part hereof and collectively evidence and constitute
the entire Contract.
A. Contract Documents and Order of Precedence
The Contract Documents shall consist of the following documents:
1. this Construction Agreement;
2. properly authorized change orders;
3. the Special Conditions of this Contract;
4. the General Conditions of this Contract;
5. the Technical Specifications & Construction Drawings of this Contract;
6. the OWNER's Standard Construction Details;
7. the OWNER's Standard Construction Specifications;
8. the OWNER’s written notice to proceed to the CONTRACTOR;
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9. the Contractor’s Bid Proposal;
10. any listed and numbered addenda;
11. the Performance, Payment, and Maintenance Bonds; and,
12. any other bid materials distributed by the Owner that relate to the Project.
These Contract Documents are incorporated by reference into this Construction
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. If, however, there exists
a conflict or inconsistency between the Technical Specifications and the Construction Drawings
it shall be the Contractor’s obligation to seek clarification as to which requirements or provisions
control before undertaking any work on that component of the project. Should the Contractor fail
or refuse to seek a clarification of such conflicting or inconsistent requirements or provisions prior
to any work on that component of the project, the Contractor shall be solely responsible for the
costs and expenses - including additional time - necessary to cure, repair and/or correct that
component of the project.
B. Total of Payments Due Contractor
For performance of the Work in accordance with the Contract Documents, the Owner shall
pay the Contractor in current funds an amount not to exceed _____________________Dollars
and ______ Cents ($X). This amount is subject to adjustment by change order in accordance
with the Contract Documents.
C. Dates to Start and Complete Work
Contractor shall begin work within ten (10) calendar days after receiving a written Notice
to Proceed or written Work Order from the Owner. All Work required under the Contract
Documents shall be substantially completed within 90 calendar days after the date of the Notice
to Proceed for the base bid and shall address all outstanding issues and be ready for final
payment within 30 additional calendar days of substantial completion.
Under this Construction Agreement, all references to “day” are to be considered “calendar
days” unless noted otherwise.
D. CONTRACTOR'S INDEMNITY TO THE OWNER AND OTHERS
CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE,
INDEMNIFY, DEFEND AND HOLD HARMLESS THE TOWN OF PROSPER (OWNER)
TOGETHER WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS,
OFFICERS, AGENTS AND EMPLOYEES, IN BOTH THEIR PUBLIC AND PRIVATE
CAPACITIES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS,
DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES,
PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND 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,
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DAMAGE TO, OR LOSS OF USE OF ANY PROPERTY OCCASIONED BY ERROR, OMISSION,
OR NEGLIGENT ACT OF CONTRACTOR, ITS SUBCONTRACTORS, ANY OFFICERS,
AGENTS OR EMPLOYEES OF CONTRACTOR OR ANY SUBCONTRACTORS, INVITEES, AND
ANY OTHER THIRD PARTIES OR PERSONS FOR WHOM OR WHICH CONTRACTOR IS
LEGALLY RESPONSIBLE, IN ANY WAY ARISING OUT OF, RELATING TO, RESULTING
FROM, OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT, AND
CONTRACTOR WILL AT HIS OR HER OWN COST AND EXPENSE DEFEND AND PROTECT
TOWN OF PROSPER (OWNER) FROM ANY AND ALL SUCH CLAIMS AND DEMANDS.
CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE,
INDEMNIFY, DEFEND AND HOLD HARMLESS TOWN OF PROSPER (OWNER) TOGETHER
WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS,
AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS,
DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES,
PENALTIES, SUITS OR CAUSES OF ACTION 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 CITATIONS, CLAIMS,
COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES,
PENALTIES, SUITS OR CAUSES OF ACTION ARISE IN WHOLE OR IN PART FROM THE
NEGLIGENCE OF THE TOWN OF PROSPER (OWNER), ITS MAYOR AND TOWN COUNCIL,
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 CONTRACTOR TO INDEMNIFY AND PROTECT TOWN OF PROSPER
(OWNER) FROM THE CONSEQUENCES OF TOWN OF PROSPER’S (OWNER'S) OWN
NEGLIGENCE, WHETHER THAT NEGLIGENCE IS A SOLE OR CONCURRING CAUSE OF
THE INJURY, DEATH OR DAMAGE.
IN ANY AND ALL CLAIMS AGAINST ANY PARTY INDEMNIFIED HEREUNDER BY ANY
EMPLOYEE OF THE CONTRACTOR, ANY SUB-CONTRACTOR, 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 AMOUNT OR TYPE OF DAMAGES,
COMPENSATION OR BENEFITS PAYABLE BY OR FOR THE CONTRACTOR OR ANY SUB-
CONTRACTOR UNDER WORKMEN'S COMPENSATION OR OTHER EMPLOYEE BENEFIT
ACTS.
INDEMNIFIED ITEMS SHALL INCLUDE ATTORNEYS' FEES AND COSTS, COURT
COSTS, AND SETTLEMENT COSTS. INDEMNIFIED ITEMS SHALL ALSO INCLUDE ANY
EXPENSES, INCLUDING ATTORNEYS' FEES AND EXPENSES, INCURRED BY AN
INDEMNIFIED INDIVIDUAL OR ENTITY IN ATTEMPTING TO ENFORCE THIS INDEMNITY.
In its sole discretion, the Owner shall have the right to approve counsel to be retained by
Contractor in fulfilling its obligation to defend and indemnify the Owner. Contractor shall retain
approved counsel for the Owner within seven (7) business days after receiving written notice from
the Owner that it is invoking its right to indemnification under this Construction Agreement. If
Contractor does not retain counsel for the Owner within the required time, then the Owner shall
have the right to retain counsel and the Contractor shall pay these attorneys' fees and expenses.
The Owner retains the right to provide and pay for any or all costs of defending indemnified
items, but it shall not be required to do so. To the extent that Owner elects to provide and pay for
any such costs, Contractor shall indemnify and reimburse Owner for such costs.
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(Please note that this “broad-form” indemnification clause is not prohibited by Chapter 151 of
the Texas Insurance Code as it falls within one of the exclusions contained in Section 151.105
of the Texas Insurance Code.)
E. Insurance Requirements
1. Before commencing work, the Contractor 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. The Contractor shall
furnish to the Town of Prosper Purchasing Agent certificates of insurance executed
by the insurer or its authorized agent stating the type of coverages, limits of each
such coverage, expiration dates and compliance with all applicable required
provisions. Certificates shall reference the project/contract number and be
addressed as follows:
Coleman Street Improvements
Victory Way to SH 289
Town Bid No. 2015-40-B
Town of Prosper
Attn: Purchasing Agent
121 W. Broadway
Prosper, Texas 75078
(a) Commercial General Liability insurance, including, but not limited to
Premises/Operations, Personal & Advertising Injury, Products/Completed
Operations, Independent Contractors and Contractual Liability, with
minimum combined single limits of $1,000,000 per-occurrence, $1,000,000
Products/Completed Operations Aggregate and $2,000,000 general
aggregate. If high risk or dangerous activities are included in the Work,
explosion, collapse and underground (XCU) coverage is also required.
Coverage must be written on an occurrence form. The General Aggregate
shall apply on a per project basis.
(b) Workers’ Compensation insurance with statutory limits; and Employers’
Liability coverage with minimum limits for bodily injury: a) by accident,
$100,000 each accident, b) by disease, $100,000 per employee with a per
policy aggregate of $500,000.
(c) Umbrella or Excess Liability insurance with minimum limits of $2,000,000
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 a and b. 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
Contractor may maintain reasonable deductibles, subject to approval by
the Owner.
2. With reference to the foregoing required insurance, the Contractor shall endorse
applicable insurance policies as follows:
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(a) A waiver of subrogation in favor of Town of Prosper, its officials,
employees, and officers shall be contained in the Workers’ Compensation
insurance policy.
(b) The Town of Prosper, its officials, employees and officers shall be named
as additional insureds on the Commercial General Liability policy, by using
endorsement CG2026 or broader. (Please note that this “additional
insured” coverage requirement is not prohibited by Chapter 151 of the
Texas Insurance Code as it falls within one of the exclusions contained in
Section 151.105 of the Texas Insurance Code.)
(c) All insurance policies shall be endorsed to the effect that Town of Prosper
will receive at least thirty (30) days notice prior to cancellation, non-
renewal, termination, or material change of the policies.
3. All insurance shall be purchased from an insurance company that meets a financial
rating of “A” or better as assigned by the A.M. BEST Company or equivalent.
4. With respect to Workers’ Compensation insurance, the Contractor 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 set forth in
Paragraph F following.
F. 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 Contractor'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 Contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly with the Contractor and regardless of whether that person has employees.
This includes, without limitation, independent contractors, 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.
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2. The Contractor 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 Contractor providing services on the project, for the duration of
the project.
3. The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
4. If the coverage period shown on the Contractor's current certificate of coverage
ends during the duration of the project, the Contractor 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 Contractor 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 Contractor, 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 Contractor shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
7. The Contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the Contractor 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 Contractor 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.
9. The Contractor 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 Contractor, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being provided
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for all employees of the person providing services on the project, for the
duration of the project;
(c) provide the Contractor, 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
Contractor:
(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) - (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 Contractor is representing to the governmental entity that all
employees of the Contractor 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 Contractor to administrative penalties, criminal penalties, civil penalties,
or other civil actions.
11. The Contractor's failure to comply with any of these provisions is a breach of
contract by the Contractor which entitles the governmental entity to declare the
contract void if the Contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity.
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G. Performance, Payment and Maintenance Bonds
The Contractor shall procure and pay for performance and payment bonds applicable to
the work in the amount of the total bid price. The Contractor shall also procure and pay for a
maintenance bond applicable to the work in the amount of ten percent (10%) of the total bid 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 this Construction
Agreement. The performance, payment and maintenance bonds shall be issued in the form
attached to this Construction Agreement as Exhibits B, C and D. 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 this
Construction Agreement.
The performance, payment and maintenance bonds shall be issued by a corporate surety,
acceptable to and approved by the Town, authorized to do business in the State of Texas,
pursuant to Chapter 2253 of the Texas Government Code. Further, the Contractor shall supply
capital and surplus information concerning the surety and reinsurance information concerning the
performance, payment and maintenance bonds upon Town 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.
H. Progress Payments and Retainage
As it completes portions of the Work, the Contractor may request progress payments from
the Owner. Progress payments shall be made by the Owner based on the Owner's estimate of
the value of the Work properly completed by the Contractor since the time the last progress
payment was made. The "estimate of the value of the work properly completed" shall include the
net invoice value of acceptable, non-perishable materials actually delivered to and currently at
the job site only if the Contractor provides to the Owner satisfactory evidence that material
suppliers have been paid for these materials.
No progress payment shall be due to the Contractor until the Contractor furnishes to the
Owner:
1. copies of documents reasonably necessary to aid the Owner in preparing an
estimate of the value of Work properly completed;
2. full or partial releases of liens, including releases from subcontractors providing
materials or delivery services relating to the Work, in a form acceptable to the
Owner releasing all liens or claims relating to goods and services provided up to
the date of the most recent previous progress payment;
3. an updated and current schedule clearly detailing the project’s critical path
elements; and
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4. any other documents required under the Contract Documents.
Progress payments shall not be made more frequently than once every thirty (30) calendar
days unless the Owner determines that more frequent payments are appropriate. Further,
progress payments are to be based on estimates and these estimates are subject to correction
through the adjustment of subsequent progress payments and the final payment to Contractor. If
the Owner determines after final payment that it has overpaid the Contractor, then Contractor
agrees to pay to the Owner the overpayment amount specified by the Owner within thirty (30)
calendar days after it receives written demand from the Owner.
The fact that the Owner makes a progress payment shall not be deemed to be an
admission by the Owner concerning the quantity, quality or sufficiency of the Contractor's work.
Progress payments shall not be deemed to be acceptance of the Work nor shall a progress
payment release the Contractor from any of its responsibilities under the Contract Documents.
After determining the amount of a progress payment to be made to the Contractor, the
Owner shall withhold a percentage of the progress payment as retainage. The amount of
retainage withheld from each progress payment shall be set at five percent (5%). Retainage shall
be withheld and may be paid to:
a. ensure proper completion of the Work. The Owner may use retained funds to pay
replacement or substitute contractors to complete unfinished or defective work;
b. ensure timely completion of the Work. The Owner may use retained funds to pay
liquidated damages; and
c. provide an additional source of funds to pay claims for which the Owner is entitled
to indemnification from Contractor under the Contract Documents.
Retained funds shall be held by the Owner in accounts that shall not bear interest.
Retainage not otherwise withheld in accordance with the Contract Documents shall be returned
to the Contractor as part of the final payment.
I. Withholding Payments to Contractor
The Owner may withhold payment of some or all of any progress or final payment that
would otherwise be due if the Owner determines, in its discretion, that the Work has not been
performed in accordance with the Contract Documents. The Owner may use these funds to pay
replacement or substitute contractors to complete unfinished or defective Work.
The Owner may withhold payment of some or all of any progress or final payment that
would otherwise be due if the Owner determines, in its discretion, that it is necessary and proper
to provide an additional source of funds to pay claims for which the Owner is entitled to
indemnification from Contractor under the Contract Documents.
Amounts withheld under this section shall be in addition to any retainage.
J. Acceptance of the Work
When the Work is completed, the Contractor shall request that the Owner perform a final
inspection. The Owner shall inspect the Work. If the Owner determines that the Work has been
completed in accordance with the Contract Documents, it shall issue a written notice of
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acceptance of the Work. If the Owner determines that the Work has not been completed in
accordance with the Contract Documents, then it shall provide the Contractor with a verbal or
written list of items to be completed before another final inspection shall be scheduled.
It is specifically provided that Work shall be deemed accepted on the date specified in the
Owner's written notice of acceptance of the Work. The Work shall not be deemed to be accepted
based on "substantial completion" of the Work, use or occupancy of the Work, or for any reason
other than the Owner's written Notice of Acceptance. Further, the issuance of a certificate of
occupancy for all or any part of the Work shall not constitute a Notice of Acceptance for that Work.
In its discretion, the Owner may issue a Notice of Acceptance covering only a portion of
the Work. In this event, the notice shall state specifically what portion of the Work is accepted.
K. Acceptance of Erosion Control Measures
When the erosion control measures have been completed, the Contractor shall request
that the Owner perform a final inspection. The Owner shall inspect the Work. If the Owner
determines that the Work has been completed in accordance with the Contract Documents and
per TPDES General Construction Permit, it shall issue a written Notice of Acceptance of the Work.
If the Owner determines that the Work has not been completed in accordance with the Contract
Documents or TPDES General Construction Permit, then it shall provide the Contractor with a
verbal or written list of items to be completed before another final inspection shall be scheduled.
L. Final Payment
After all Work required under the Contract Documents has been completed, inspected,
and accepted, the Town shall calculate the final payment amount promptly after necessary
measurements and computations are made. The final payment amount shall be calculated to:
1. include the estimate of the value of Work properly completed since the date of the
most recent previous progress payment;
2. correct prior progress payments; and
3. include retainage or other amounts previously withheld that are to be returned to
Contractor, if any.
Final payment to the Contractor shall not be due until the Contractor provides original full
releases of liens from the Contractor and its subcontractors, or other evidence satisfactory to the
Owner to show that all sums due for labor, services, and materials furnished for or used in
connection with the Work have been paid or shall be paid with the final payment. To ensure this
result, Contractor consents to the issuance of the final payment in the form of joint checks made
payable to Contractor and others. The Owner may, but is not obligated to issue final payment
using joint checks.
Final payment to the Contractor shall not be due until the Contractor has supplied to the
Owner original copies of all documents that the Owner determines are reasonably necessary to
ensure both that the final payment amount is properly calculated and that the Owner has satisfied
its obligation to administer the Construction Agreement in accordance with applicable law. The
following documents shall, at a minimum, be required to be submitted prior to final payment being
due: redline as-built construction plans; consent of surety to final payment; public infrastructure
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inventory; affidavit of value for public infrastructure; and, final change order(s). “Redline as-built
construction plans” shall include, but are not limited to markups for change orders, field revisions,
and quantity overruns as applicable. The list of documents contained in this provision is not an
exhaustive and exclusive list for every project performed pursuant to these Contract Documents
and Contractor shall provide such other and further documents as may be requested and required
by the Owner to close out a particular project.
Subject to the requirements of the Contract Documents, the Owner shall pay the Final
Payment within thirty (30) calendar days after the date specified in the Notice of Acceptance. This
provision shall apply only after all Work called for by the Contract Documents has been accepted.
M. Contractor’s Warranty
For a two-year period after the date specified in a written notice of acceptance of Work,
Contractor shall provide and pay for all labor and materials that the Owner determines are
necessary to correct all defects in the Work arising because of defective materials or workmanship
supplied or provided by Contractor or any subcontractor. This shall also include areas of
vegetation that did meet TPDES General Construction Permit during final close out but have since
become noncompliant.
Forty-five (45) to sixty (60) calendar days before the end of the two-year warranty period,
the Owner may make a warranty inspection of the Work. The Owner shall notify the Contractor
of the date and time of this inspection so that a Contractor representative may be present. After
the warranty inspection, and before the end of the two-year warranty period, the Owner shall mail
to the Contractor a written notice that specifies the defects in the Work that are to be corrected.
The Contractor shall begin the remedial work within ten (10) calendar days after receiving
the written notice from the Town. If the Contractor does not begin the remedial work timely or
prosecute it diligently, then the Owner may pay for necessary labor and materials to effect repairs
and these expenses shall be paid by the Contractor, the performance bond surety, or both.
If the Owner determines that a hazard exists because of defective materials and
workmanship, then the Owner may take steps to alleviate the hazard, including making repairs.
These steps may be taken without prior notice either to the Contractor or its surety. Expenses
incurred by the Owner to alleviate the hazard shall be paid by the Contractor, the performance
bond surety, or both.
Any Work performed by or for the Contractor to fulfill its warranty obligations shall be
performed in accordance with the Contract Documents. By way of example only, this is to ensure
that Work performed during the warranty period is performed with required insurance and the
performance and payment bonds still in effect.
Work performed during the two-year warranty period shall itself be subject to a one-year
warranty. This warranty shall be the same as described in this section.
The Owner may make as many warranty inspections as it deems appropriate.
N. Compliance with Laws
The Contractor 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
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and completion of the Work. This provision applies whether or not a legal requirement is
described or referred to in the Contract Documents.
Ancillary/Integral Professional Services: In selecting an architect, engineer, land surveyor,
or other professional to provide professional services, if any, that are required by the Contract
Documents, Contractor shall not do so on the basis of competitive bids but shall make such
selection on the basis of demonstrated competence and qualifications to perform the services in
the manner provided by Section 2254.004 of the Texas Government Code and shall so certify to
the Town the Contractor's agreement to comply with this provision with Contractor's bid.
O. Other Items
The Contractor shall sign the Construction Agreement, and deliver signed performance,
payment and maintenance bonds and proper insurance policy endorsements (and/or other
evidence of coverage) within ten (10) calendar days after the Owner makes available to the
Contractor copies of the Contract Documents for signature. Six (6) copies of the Contract
Documents shall be signed by an authorized representative of the Contractor and returned to the
Town.
The Construction Agreement "effective date" shall be the date on which the Town Council
acts to approve the award of the Contract for the Work to Contractor. It is expressly provided,
however, that the Town Council delegates the authority to the Town Manager or his designee to
rescind the Contract award to Contractor at any time before the Owner delivers to the Contractor
a copy of this Construction Agreement that bears the signature of the Town Manager and Town
Secretary or their authorized designees. The purpose of this provision is to ensure:
1. that Contractor timely delivers to the Owner all bonds and insurance documents;
and
2. that the Owner retains the discretion not to proceed if the Town Manager or his
designee determines that information indicates that the Contractor was not the
lowest responsible bidder or that the Contractor cannot perform all of its obligations
under the Contract Documents.
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THE CONTRACTOR AGREES THAT IT SHALL HAVE NO CLAIM OR CAUSE OF
ACTION OF ANY KIND AGAINST OWNER, INCLUDING A CLAIM FOR BREACH OF
CONTRACT, NOR SHALL THE OWNER BE REQUIRED TO PERFORM UNDER THE
CONTRACT DOCUMENTS, UNTIL THE DATE THE OWNER DELIVERS TO THE
CONTRACTOR A COPY OF THE CONSTRUCTION AGREEMENT BEARING THE
SIGNATURES JUST SPECIFIED.
The Contract Documents shall be construed and interpreted by applying Texas law.
Exclusive venue for any litigation concerning the Contract Documents shall be Collin County,
Texas.
Although the Construction Agreement has been drafted by the Owner, should any portion
of the Construction Agreement be disputed, the Owner and Contractor agree that it shall not be
construed more favorably for either party.
The Contract Documents are binding upon the Owner and Contractor and shall insure to
their benefit and as well as that of their respective successors and assigns.
If Town Council approval is not required for the Construction Agreement under applicable
law, then the Construction Agreement "effective date" shall be the date on which the Town
Manager and Town Secretary or their designees have signed the Construction Agreement. If the
Town Manager and Town Secretary sign on different dates, then the later date shall be the
effective date.
___________________________________
CONTRACTOR
TOWN OF PROSPER, TEXAS
_______________________________
By: ________ By: HARLAN JEFFERSON
Title: __________________ Title: Town Manager
Date: Date:
Address: _____________
________________________
___ __________________
Phone: _____________ ______
Fax: _____________
Address: 121 W. Broadway
Prosper, Texas 75078
Phone: (972) 346 - 2640
Fax: (972) 569 - 9335
ATTEST:
ROBYN BATTLE
Town Secretary
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PERFORMANCE BOND
STATE OF TEXAS )
)
COUNTY OF COLLIN )
KNOW ALL MEN BY THESE PRESENTS: That __________________ whose address
is _______________________ hereinafter called Principal, and
___________________________________, a corporation organized and existing under the laws
of the State of _____________ and fully licensed to transact business in the State of Texas, as
Surety, are held and firmly bound unto the TOWN OF PROSPER, a home-rule municipal
corporation organized and existing under the laws of the State of Texas, hereinafter called
“Beneficiary”, in the penal sum of ____________________ ($X) plus fifteen percent (15%) of the
stated penal sum as an additional sum of money representing additional court expenses,
attorneys’ fees, and liquidated damages arising out of or connected with the below identified
Contract in lawful money of the United States, to be paid in Collin County, Texas, for the payment
of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators
and successors, jointly and severally, firmly by these presents. The penal sum of this Bond shall
automatically be increased by the amount of any Change Order or Supplemental Agreement,
which increases the Contract price, but in no event shall a Change Order or Supplemental
Agreement, which reduces the Contract price, decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract with the Town of Prosper, the Beneficiary, dated on or about the
_________ day of ___________________, A.D. 20____, a copy of which is attached hereto and
made a part hereof, to furnish all materials, equipment, labor, supervision, and other accessories
necessary for the construction of:
COLEMAN STREET IMPROVEMENTS
TOWN BID NO. 2015-40-B
in the Town of Prosper, Texas, as more particularly described and designated in the
above-referenced contract such contract being incorporated herein and made a part
hereof as fully and to the same extent as if written herein word for word.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of
the undertakings, covenants, terms, conditions and agreements of said Contract in accordance
with the Plans, Specifications and Contract Documents during the original term thereof and any
extension thereof which may be granted by the Beneficiary, with or without notice to the Surety,
and during the life of any guaranty or warranty required under this Contract, and shall also well
and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of
any and all duly authorized modifications of said Contract that may hereafter be made, notice of
which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or
replace all defects due to faulty materials and workmanship that appear within a period of one (1)
year from the date of final completion and final acceptance of the Work by Owner; and, if the
Principal shall fully indemnify and save harmless the Beneficiary from and against all costs and
damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully
reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in
making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain
in full force and effect.
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PROVIDED FURTHER, that if any legal action were filed on this Bond, exclusive Venue
shall lie in Collin County, Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms of the Contract
or to the Work to be performed thereunder or the Plans, Specifications and Drawings, etc.,
accompanying the same shall in anywise affect its obligation on this Bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the terms of the
Contract, or to the Work or to the Specifications.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Collin County or Dallas County to whom any requisite notices may be delivered
and on whom service of process may be had in matters arising out of such suretyship, as provided
by Article 7.19-1 of the Insurance Code, Vernon’s Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in six copies, each one of which
shall be deemed an original, this, the ________ day of ________________, 20____.
ATTEST: PRINCIPAL:
___________________________________
Company Name
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Typed/Printed Name Typed/Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
[Signatures continued on following page.]
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ATTEST: SURETY:
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Printed Name Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice
and service of the process is:
NAME:
STREET ADDRESS:
CITY, STATE, ZIP:
NOTE: Date on Page 1 of Performance Bond must be same date as Contract. Date on Page
2 of Performance Bond must be after date of Contract. If Resident Agent is not a corporation,
give a person’s name.
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PAYMENT BOND
STATE OF TEXAS )
)
COUNTY OF COLLIN )
KNOW ALL MEN BY THESE PRESENTS: That _______________ whose address is
_____________________________________________, hereinafter called Principal,
and__________________________________________________________, a corporation
organized and existing under the laws of the State of ______________ and fully licensed to
transact business in the State of Texas, as Surety, are held and firmly bound unto the TOWN OF
PROSPER, a home-rule municipal corporation organized and existing under the laws of the State
of Texas, hereinafter called “Owner”, and unto all persons, firms, and corporations who may
furnish materials for, or perform labor upon the building or improvements hereinafter referred to
in the penal sum of ____________________ ($X) in lawful money of the United States, to be paid
in Collin County, Texas, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by
these presents. The penal sum of this Bond shall automatically be increased by the amount of
any Change Order or Supplemental Agreement, which increases the Contract price, but in no
event shall a Change Order or Supplemental Agreement, which reduces the Contract price,
decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into
a certain Contract with the Town of Prosper, the Owner, dated on or about the ______ day of
_________________, A.D. 20___, a copy of which is attac hed hereto and made a part
hereof, to furnish all materials, equipment, labor, supervision, and other accessories
necessary for the construction of:
COLEMAN STREET IMPROVEMENTS
TOWN BID NO. 2015-40-B
NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties and
make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying
labor and/or material in the prosecution of the Work provided for in the above-referenced Contract
and any and all duly authorized modifications of said Contract that may hereafter be made, notice
of which modification to the Surety is hereby expressly waived, then this obligation shall be void;
otherwise it shall remain in full force and effect.
PROVIDED FURTHER, that if any legal action were filed on this Bond, exclusive venue
shall lie in Collin County, Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms of the Contract,
or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying
the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of
any such change, extension of time, alteration or addition to the terms of the Contract, or to the
Work to be performed thereunder.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, and any other applicable statutes of the State of Texas.
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The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Collin County or Dallas County to whom any requisite notices may be delivered
and on whom service of process may be had in matters arising out of such suretyship, as provided
by Article 7.19-1 of the Insurance Code, Vernon’s Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in six copies, each one of which shall be
deemed an original, this, the _______ day of _________________, 20___.
ATTEST: PRINCIPAL:
___________________________________
Company Name
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Typed/Printed Name Typed/Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
[Signatures continued on following page.]
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ATTEST: SURETY:
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Printed Name Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice
and service of the process is:
NAME:
STREET ADDRESS:
CITY, STATE, ZIP:
NOTE: Date on Page 1 of Payment Bond must be same date as Contract. Date on Page 2 of
Payment Bond must be after date of Contract. If Resident Agent is not a corporation, give a
person’s name.
Item 10
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MAINTENANCE BOND
STATE OF TEXAS )
)
COUNTY OF COLLIN )
KNOW ALL MEN BY THESE PRESENTS: That ____________________ whose address
is______________________________, hereinafter referred to as “Principal,” and
___________________________________, a corporate surety/sureties organized under the
laws of the State of ______________ and fully licensed to transact business in the State of Texas,
as Surety, hereinafter referred to as “Surety” (whether one or more), are held and firmly bound
unto the TOWN OF PROSPER, a Texas municipal corporation, hereinafter referred to as “Owner,”
in the penal sum of ___________________________ ($X) (ten percent (10%) of the total bid
price), in lawful money of the United States to be paid to Owner, its successors and assigns, for
the payment of which sum well and truly to be made, we bind ourselves, our successors, heirs,
executors, administrators and successors and assigns, jointly and severally; and firmly by these
presents, the condition of this obligation is such that:
WHEREAS, Principal entered into a certain written Contract with the Town of Prosper,
dated on or about the _____ day of ________________________, 20____, to furnish all permits,
licenses, bonds, insurance, products, materials, equipment, labor, supervision, and other
accessories necessary for the construction of:
COLEMAN STREET IMPROVEMENTS
TOWN BID NO. 2015-40-B
in the Town of Prosper, Texas, as more particularly described and designated in the above-
referenced contract, such contract being incorporated herein and made a part hereof as fully and
to the same extent as if written herein word for word:
WHEREAS, in said Contract, the Principal binds itself to use first class materials and
workmanship and of such kind and quality that for a period of two (2) years from the completion
and final acceptance of the improvements by Owner the said improvements shall require no
repairs, the necessity for which shall be occasioned by defects in workmanship or materials and
during the period of two (2) years following the date of final acceptance of the Work by Owner,
Principal binds itself to repair or reconstruct said improvements in whole or in part at any time
within said period of time from the date of such notice as the Town Manager or his designee shall
determine to be necessary for the preservation of the public health, safety or welfare. If Principal
does not repair or reconstruct the improvements within the time period designated, Owner shall
be entitled to have said repairs made and charge Principal and/or Surety the cost of same under
the terms of this Maintenance Bond.
NOW, THEREFORE, if Principal will maintain and keep in good repair the Work herein
contracted to be done and performed for a period of two (2) years from the date of final acceptance
and do and perform all necessary work and repair any defective condition (it being understood
that the purpose of this section is to cover all defective conditions arising by reason of defective
materials, work or labor performed by Principal) then this obligation shall be void; otherwise it
shall remain in full force and effect and Owner shall have and recover from Principal and its Surety
damages in the premises as provided in the Plans and Specifications and Contract.
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PROVIDED, however, that Principal hereby holds harmless and indemnifies Owner
from and against any claim or liability for personal injury or property damage caused by
and occurring during the performance of said maintenance and repair operation.
PROVIDED, further, that if any legal action be filed on this Bond, exclusive venue shall lie
in Collin County, Texas.
AND PROVIDED FURTHER, Surety, for value received, hereby stipulates and agrees that
no change, extension of time, alteration or addition to the terms of the Contract or to the Work
performed thereunder, or the Plans, Specifications, Drawings, etc. accompanying same shall in
any way affect its obligation on this Bond; and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the Contract or to the Work to be performed
thereunder.
The undersigned and designated agent is hereby designated by Surety as the resident
agent in either Collin or Dallas Counties to whom all requisite notice may be delivered and on
whom service of process may be had in matters arising out of this suretyship.
IN WITNESS WHEREOF, this instrument is executed in six copies, each one of which shall be
deemed an original, on this the _____ day of ____________, 20____.
ATTEST: PRINCIPAL:
___________________________________
Company Name
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Typed/Printed Name Typed/Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
[Signatures continued on following page.]
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ATTEST: SURETY:
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Printed Name Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
Item 10
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GENERAL CONDITIONS
GC.01 PURPOSE: The General Conditions contained herein set forth conditions or
requirements common to this Contract and all other construction contracts issued by
the Town of Prosper.
GC.02 DEFINITIONS: The following words and expressions, or pronouns used in their place,
shall wherever they appear in this Contract, be construed as follows, unless a different
meaning is clear from the context:
CALENDAR DAY: Any days of the week or month, no days being excepted.
CONTRACT DOCUMENTS: All of the written, printed, typed, and drawn
instruments that comprise and govern the performance of the contract as defined
by the Construction Agreement.
ENGINEER: The ENGINEER of the OWNER or his designee.
EXTRA WORK: Work required by the OWNER other than that which is expressly
or impliedly required by the Contract Documents at the time of execution of the
Contract.
HOLIDAYS: The ten official holidays observed are New Year's Day, Martin Luther
King Day, Good Friday, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, Day After Thanksgiving Day, Christmas Eve, and Christmas
Day. If a holiday falls on a Saturday, it shall be observed on the preceding Friday.
If a holiday falls on a Sunday, it shall be observed on the following Monday.
OWNER: The Town of Prosper, Texas, acting through the Town Manager under
authority granted by the Town Council.
OWNER'S REPRESENTATIVE: The Executive Director of Development and
Community Services of the Town of Prosper or his designee.
SUB-CONTRACTOR: Any persons, firm or corporation, other than employees of
the CONTRACTOR, who or which contracts with the CONTRACTOR to furnish, or
who actually furnishes, labor and/or materials and equipment at or about the site.
SUBSTANTIALLY COMPLETE: The condition upon which the Work has been
made suitable for use and may serve its intended purpose but may still require
minor miscellaneous work and adjustment.
WORK: All work to be performed by the CONTRACTOR under the terms of the
Contract, including the furnishing of all materials, supplies, machinery, equipment,
tools, superintendence, labor, submittals, services, insurance, permits, certificates,
licenses, and all water, light, power, fuel, transportation, facilities, and other
incidentals.
WRITTEN NOTICE: Notice required by the Contract shall be served concurrently
to the OWNER'S REPRESENTATIVE, ENGINEER, and/or CONTRACTOR.
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Notice delivered by mail shall be effective on the postmark date, notice delivered
by hand shall be effective the date of delivery, and notice delivered by facsimile or
e-mail shall be effective the date of transmission, provided that any notice served
after 5 PM or on a weekend or holiday shall be effective the following business
day.
GC.03 GENERAL RESPONSIBILITIES AND UNDERSTANDINGS:
(a) Intent of Contract Documents: The intent of the Contract Documents is to prescribe
a complete work or improvement, which the CONTRACTOR undertakes to do in
full compliance with the plans, specifications, special provisions, proposal and
contract. The CONTRACTOR shall do all work as provided in the plans,
specifications, special provisions, proposal and contract, and shall do such
additional extra work as may be considered necessary to complete the work in
satisfactory and acceptable manner. The CONTRACTOR shall furnish all labor,
tools, materials, machinery, equipment and incidentals necessary to the
satisfactory prosecution and completion of the work.
(b) No Waiver of Legal Right: Inspection by the OWNER or ENGINEER, any order,
measurement, or certificate by OWNER or ENGINEER, any order by the OWNER
for payment of money, any payment for or acceptance of any work, or any
extension of time, or any possession taken by the OWNER, shall not operate as a
waiver of any provisions of the Contract Documents or any power therein reserved
to the OWNER of any rights or damages therein provided. Any waiver of any
breach of contract shall not be held to be a waiver of any other subsequent breach.
The OWNER deserves the right to correct any error that may be discovered in any
estimate that may have been paid and to adjust the same to meet the requirements
of the contract and specifications. The OWNER reserves the right to claim and
recover by process of law sums as may be sufficient to correct any error or make
good any deficiency in the work resulting from such error, dishonesty or collusion,
upon the conclusive proof of collusion or dishonesty by the CONTRACTOR or his
agents and the ENGINEER or his assistants, discovered in the work after the final
payment has been made.
(c) Changes and Alterations: The CONTRACTOR further agrees that the OWNER or
ENGINEER may make such changes and alterations as the OWNER may see fit,
in the line, grade, form, dimensions, plans or materials for the work herein
contemplated, or any part thereof, either before or after the beginning of the
construction, without affecting the validity of this contract and the accompany
Performance and Payment Bonds.
If such changes or alterations diminish the quantity of the work to be done, they
shall not constitute the basis for a claim for damages for anticipated profits on the
work that may be dispensed with. If the amount of work is increased, such
additional work shall be paid for as provided under Extra Work. In case the
OWNER shall make such changes or alterations as shall make useless any work
already done or material already furnished or used in said work, then the OWNER
shall recompense the CONTRACTOR for any material or labor so used, and for
any actual loss occasioned by such change, due to actual expenses incurred in
preparation for the work as originally planned.
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(d) Discrepancies and Omissions: It is further agreed that it is the intent of this contract
that all work must be done and all material must be furnished in accordance with
the generally accepted practice, and in the event of any discrepancies between
the separate contract documents, the priority of interpretation defined by the
Construction Agreement shall govern. In the event that there is still any doubt as
to the meaning and intent of any portion of the contract, specifications or drawings,
the ENGINEER shall define which is intended to apply to the work.
(e) Plans and Specifications: The OWNER shall furnish the CONTRACTOR with an
adequate and reasonable number of copies of all plans and specifications without
expense to him, and the CONTRACTOR shall keep one copy of the same
constantly accessible on the work, with the latest revisions noted thereon.
(f) Ownership of Drawings: All drawings, specifications and copies thereof furnished
by the OWNER shall not be reused on other work, and, with the exception of the
signed contract sets, are to be returned to him on request, at the completion of the
work. All models are the property of the OWNER.
(g) Adequacy of Design: It is understood that the OWNER believes it has employed
competent engineers and designers. It is, therefore, agreed that, as to the
CONTRACTOR only, the OWNER shall be responsible for the adequacy of the
design, sufficiency of the Contract Documents, and the practicability of the
operations of the completed project; provided the CONTRACTOR has complied
with the requirements of the said Contract Documents, all approved modifications
thereof, and additions and alterations thereto approved in writing by the OWNER.
The burden of proof of such compliance shall be upon the CONTRACTOR to show
that he has complied with the said requirements of the Contract Documents,
approved modifications thereof and all approved additions and alterations thereto.
(h) Line and Grade: The ENGINEER will furnish control benchmarks for the
construction of the Work. The CONTRACTOR shall use the control benchmarks
and data shown on the drawings. No construction staking will be provided by the
ENGINEER or owner for this project. Any restaking, and all construction staking,
required shall be at the sole cost of the CONTRACTOR.
(i) Right of Way and Easements: The OWNER will obtain all necessary right of ways
and easements required for the completion of the Work. No work shall be
undertaken on nor shall men, tools, equipment, or other supplies occupy any
ground outside right of ways and easements. If Contractor wants to work outside
right of ways and easements and is able to make an agreement with the Property
Owner, then the agreement should be documented and signed by the Property
Owner and CONTRACTOR with a copy submitted to the OWNER before work off
the easement commences.
The OWNER will obtain permits and/or license agreements necessary for work to
be performed on right of ways or easements owned by other agencies including,
but not limited to, the Texas Departments of Transportation, North Texas Tollway
Authority, BNSF Railway, and utility companies. The CONTRACTOR shall comply
with the conditions of these permits and/or license agreements as if they were a
part of the Contract Documents.
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(j) Existing Utilities and Structures: The location of existing utilities shown on the plans
are based on the interpretation of the best available information and are not
warranted by the OWNER or ENGINEER. It shall be the responsibility of the
CONTRACTOR to verify and/or locate the various locations of pertinent utilities
prior to or during construction. If any utility or irrigation system is broken by the
Contractor, it shall be the responsibility of the CONTRACTOR to repair, at his own
expense, the damaged line and restore it to its functional use.
(k) Right of Entry: The OWNER reserves the right to enter the property or location on
which the works herein contracted for are to be constructed or installed, by such
agent or agents as he may elect, for the purpose of inspecting the work, or for the
purpose of constructing or installing such collateral work as said OWNER may
desire. The CONTRACTOR shall conduct his work so as not to impede
unnecessarily any work being done by others on or adjacent to the site.
(l) Collateral Contracts: The OWNER agrees to provide by separate contract or
otherwise, all labor and material essential to the completion of the work specifically
excluded from this contract, in such manner as not to delay the progress of the
work or damage said CONTRACTOR, except where such delays are specifically
mentioned elsewhere in the Contract Documents.
(m) Objections and Determinations: The ENGINEER shall determine all claims
disputes and other matters in question between the CONTRACTOR and the
OWNER relating to the execution or progress of the work or the interpretation of
the Contract Documents. The ENGINEER'S decision shall be rendered in writing
within a reasonable time and shall be binding.
(n) Owner-Engineer Relationship: The duties, responsibilities and limitations of
authority of the ENGINEER during construction are as set forth in the Contract
Documents and shall not be extended or limited without written consent of the
OWNER and ENGINEER. The ENGINEER will advise and consult with the
OWNER, and OWNER'S instructions to the CONTRACTOR may be issued
through the ENGINEER as if they were issued by the OWNER directly.
GC.04 CONTRACTOR RESPONSIBILITIES:
(a) Contractor Independence: The CONTRACTOR is and at all times shall remain an
independent contractor, solely responsible for the manner and method of
completing his work under this contract, with full power and authority to select the
means, method and manner of performing such work, so long as such methods do
not adversely affect the completed improvements, the OWNER and ENGINEER
being interested only in the result obtained and conformity of such completed
improvements to the Contract Documents.
(b) Assignment and Subletting: The CONTRACTOR agrees that he will retain
personal control and will give his personal attention to the fulfillment of this contract
and that he will not assign by Power of Attorney, or otherwise, or sublet said
contract without the written consent of the OWNER or ENGINEER, and that no
part or feature of the work will be sublet to anyone objectionable to the ENGINEER
or the OWNER. The CONTRACTOR further agrees that the subletting of any
portion or feature of the work, or materials required in the performance of this
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contract, shall not relieve the CONTRACTOR from his full obligations to the
OWNER, as provided by this Agreement.
(c) Contractor’s Understanding: It is understood and agreed that the CONTRACTOR
has, by careful examination, satisfied himself as to the nature and location of the
work, the conformation of the ground, the character, quality and quantity of the
materials to be encountered, the character of equipment and facilities needed
preliminary to and during the prosecution of the work, the general and local
conditions, and all other matters which can in any way affect the work under this
contract. No verbal agreement or conversation with any officer, agent or employee
of the OWNER or ENGINEER, either before or after the execution of this contact,
shall affect or modify any of the terms or obligations herein contained.
(d) Duty of Contractor: The CONTRACTOR shall be solely responsible for the safety
of himself, his employees and other persons, as well as for the protection of the
safety of the improvements being erected and the property of himself or any other
person, as a result of his operations hereunder. CONTRACTOR shall be fully and
completely liable, at his own expense, for design, construction, installation and
use, or non-use, of all items and methods incident to performance of the contract,
and for all loss, damage or injury incident thereto, either to person or property,
including, without limitation, the adequacy of all temporary supports, shoring,
bracing, scaffolding, machinery or equipment, safety precautions or devices, and
similar items or devices used by him during construction
(e) Supervision by Contractor: The CONTRACTOR shall give adequate attention to
the faithful prosecution and completion of this contract and shall keep on the work,
during its progress, a competent superintendent and any necessary assistants.
The superintendent shall represent the CONTRACTOR in his absence and all
directions given to him shall be as binding as if given to the CONTRACTOR.
(f) Character of Workmen: The CONTRACTOR agrees to employ only orderly and
competent men, skillful in the performance of the type of work required under this
contract, to do the work; and agrees that whenever the OWNER or ENGINEER
shall inform him in writing that any man or men on the work are, in his opinion,
incompetent, unfaithful or disorderly, such man or men shall be discharged from
the work and shall not again be employed on the work without the OWNER’S or
ENGINEER'S written consent.
(g) Contractor’s Buildings: The building of structures or the erection of tents or other
forms of protection will be permitted only for use as temporary office space or for
storage of materials, equipment, and supplies and only at such places as the
OWNER or ENGINEER shall direct, and the sanitary conditions of the grounds in
or about such structures shall at all times be maintained in a manner satisfactory
to the OWNER or ENGINEER. At no time shall employees or agents of the
CONTRACTOR occupy such facilities except in conjunction with performance of
the Work.
(h) Protection of Site: The Contractor shall protect all structures, walks, pipe lines,
trees, shrubbery, lawns and other improvements during the progress of his work
and shall remove from the site all debris and unused materials.
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(i) Sanitation: Necessary sanitary conveniences for the use of laborers on the work,
properly secluded from public observation, shall be constructed and maintained by
the CONTRACTOR in such manner and at such points as shall be approved by
the OWNER or ENGINEER, and their use shall be strictly enforced.
(j) Equipment, Materials, and Construction Plant: The CONTRACTOR shall be
responsible for the care, preservation, conservation, protection and replacement
of all materials, supplies, machinery, equipment, tools, apparatus, accessories,
facilities, all means of construction, and any and all parts of the work, whether the
CONTRACTOR has been paid, partially paid, or not paid for such work, or whether
OWNER has taken possession of completed portions of such work, until the entire
work is completed and accepted.
(k) Losses from Natural Causes: Unless otherwise specified, all loss or damage to the
CONTRACTOR arising out of the nature of the work to be done, or from the action
of the elements, or from any unforeseen circumstance in the prosecution of the
same, or from unusual obstructions or difficulties which may be encountered in the
prosecution of the work, shall be sustained and borne by the CONTRACTOR at
his own cost and expense.
GC.05 PROTECTION OF PERSONS AND PROPERTY:
(a) Protection Against Claims: If any person files a claim against the OWNER,
OWNER’s Agent or CONTRACTOR for personal injury or property damage
resulting from, arising out of, or caused by, the operations of the CONTRACTOR,
or any Work within the limits of the Project, the CONTRACTOR must either submit
to the OWNER a duly executed full release within thirty (30) calendar days from
the date of written claim, or immediately report the claim to his liability insurance
carrier for their action in adjusting the claim. If the CONTRACTOR fails to comply
with this provision within the stipulated time limit, it will be automatically deemed
that the CONTRACTOR has appointed the OWNER as its irrevocable Attorney In
Fact authorizing the OWNER to report the claim directly with the CONTRACTOR’s
liability insurance carrier. This provision is in and of itself a Power of Attorney from
the CONTRACTOR to the OWNER, which authorizes the OWNER to take said
action on behalf of the CONTRACTOR without the necessity of the execution of
any other document. If the CONTRACTOR fails to comply with the provisions of
this item, the OWNER, at its own discretion, may terminate this contract or take
any other actions it deems appropriate. Any payment or portion thereof due the
CONTRACTOR, whether it is a final payment, progress payment, payment out of
retainage or refund payment may be withheld by the OWNER. Bankruptcy,
insolvency or denial of liability by the CONTRACTOR’s insurance carrier shall not
exonerate the CONTRACTOR from liability.
As a result of the additional work created to OWNER due to non-response of claims
for damages by CONTRACTOR to third parties, CONTRACTOR shall incur
penalties for failure to abide by this Special Condition.
The CONTRACTOR shall respond to the claimant in writing regarding the status
of the claim, including whether CONTRACTOR disputes the claim, wishes to settle,
or will notify its liability insurance carrier regarding the claim. CONTRACTOR will
be assessed a penalty by OWNER of $75.00 per claim, for its failure to respond to
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the claimant as described above within thirty (30) calendar days of its written notice
of claim by the City.
To ensure CONTRACTOR compliance, the OWNER shall be notified, by copied
correspondence of responses or settlement by CONTRACTOR.
(b) Protection Against Accidents to Employees and the Public: The CONTRACTOR
shall at all times exercise reasonable precautions for the safety of employees and
others on or near the work and shall comply with all applicable provisions of
Federal, State, and Municipal safety laws and building and construction codes. All
machinery and equipment and other physical hazards shall be guarded in
accordance with the "Manual of Accident Prevention in Construction" of the
Associated General contractors of America except where incompatible with
Federal, State, or Municipal laws or regulations. The CONTRACTOR shall provide
such machinery guards, safe walkways, ladders, bridges, gangplanks, and other
safety devices. The safety precautions actually taken and their adequacy shall be
the sole responsibility of the CONTRACTOR, acting at his discretion as an
independent contractor.
(c) Protection of Adjoining Property: The CONTRACTOR shall take proper means to
communicate with the adjacent or adjoining property owners and protect the
adjacent or adjoining property or properties in any way encountered, which might
be injured or seriously affected by any process of construction to be undertaken
under this Agreement, from any damage or injury by reason of said process of
construction; and he shall be liable for any and all claims for such damage on
account of his failure to fully protect all adjoining property.
(d) Protection Against Royalties or Patented Invention: The CONTRACTOR shall pay
all royalties and license fees, and shall provide for the use of any design, device,
material or process covered by letters patent or copyright by suitable legal
agreement with the patentee or owner.
(e) Threats to Persons or Property: The CONTRACTOR shall respond promptly to any
imminent threat to persons or property arising from or in relation to performance of
the Work. Failure to promptly correct any threat to persons or property may result
in a temporary suspension of work until such time as the threat is resolved.
GC.06 PROSECUTION AND PROGRESS:
(a) Time and Order of Completion: It is the meaning and intent of this contract, unless
otherwise herein specifically provided, that the CONTRACTOR shall be allowed to
prosecute his work in such manner as shall be most conducive to economy of
construction; provided however, that the order and the time of prosecution shall be
such that the work shall be Substantially Completed as a whole and in part in
accordance with this contract, the plans and specifications, and within the time of
completion designated in the Proposal; provided, also, that when the OWNER is
having other work done, either by contract or by his own force, the ENGINEER
may direct the time and manner of constructing the work done under this contract,
so that conflict will be avoided and the construction of the various works being
done for the OWNER shall be harmonized.
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The CONTRACTOR shall submit prior to beginning work, with each pay estimate,
and at other such times as may reasonably be requested by the OWNER or
ENGINEER, schedules which shall show the order in which the CONTRACTOR
proposes to carry on the work, with dates at which the CONTRACTOR will start
the several parts of the work, and estimated dates of completion of the several
parts.
(b) Working Hours: Permissible working hours are 7:00 AM to 7:00 PM Monday
through Saturday, excluding holidays. Working hours are enforced by the Town
of Prosper Police Department. Any variance to these working hours must be
requested by the CONTRACTOR in writing at least two weeks in advance and will
require approval from the OWNER upon positive recommendation of the
ENGINEER.
(c) Extension of Time: Should the CONTRACTOR be delayed in the completion of the
work by any act or neglect of the OWNER or ENGINEER, or of any employee of
either, or by other contractors employed by the OWNER, or by changes ordered
in the work, or by strikes, lockouts, fires, and unusual delays by common carriers,
or uncontrollable cause or causes beyond the CONTRACTOR'S control, and the
OWNER and ENGINEER decides such cause justifies the delay, then an extension
of time sufficient to compensate for the delay as determined by the OWNER or
ENGINEER shall be allowed for completing the work; provided, however, that the
CONTRACTOR shall give the OWNER or ENGINEER prompt notice in writing of
the cause of such delay.
(d) Hindrances and Delays: No claims shall be made by the CONTRACTOR for
damages resulting from hindrances or delays from any cause (except where the
work is stopped by order of the OWNER) during the progress of any portion of the
work embraced in this contract. In case said work shall be stopped by the act of
the OWNER, then such expense as in the judgment of the ENGINEER is caused
by such stoppage of said work shall be paid by the OWNER to the CONTRACTOR.
(e) Liquidated Damages: The time of completion is of the essence for this Contract.
For each day that any work shall remain uncompleted after the time specified in
the Contract or in an executed Change Order, including milestone completion
dates, substantial completion, and final completion, the OWNER may deduct the
following sum from monies due to the CONTRACTOR for each day the work
remains uncompleted:
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GC.07
Amount of Contract Amount of Liquidated Damages
Less than $50,000 $100 per day
$50,000 to $100,000 $150 per day
$100,000 to $500,000 $200 per day
$500,000 to $1,000,000 $250 per day
$1,000,000 to $5,000,000 $500 per day
Greater than $5,000,000 $750 per day
GC.08 CONTROL OF WORK AND MATERIAL:
(a) Shop Drawings and Submittals: The CONTRACTOR shall submit to the OWNER
or ENGINEER, with such promptness as to cause no delay in his own work or in
that of any other contractor, four (4) checked copies, unless otherwise specified,
of all shop and/or setting drawings and schedules required for the work of the
various trades, and the OWNER or ENGINEER shall pass upon them with
reasonable promptness, noting desired corrections. The CONTRACTOR shall
make any corrections required by the OWNER or ENGINEER, file with him two
corrected copies and furnish such other copies as may be needed. The OWNER’S
or ENGINEER'S approval of such drawings or schedules shall not relieve the
CONTRACTOR from responsibility for deviations from drawings or specifications,
unless he has in writing called the OW NER’S or ENGINEER'S attention to such
deviations at the time of submission, nor shall it relieve him from responsibility for
errors of any sort in shop drawings or schedules. It shall be the CONTRACTOR'S
responsibility to fully and completely review all shop drawings to ascertain their
effect on his ability to perform the required contract work in accordance with the
plans and specifications and within the contract time.
Such review by the OWNER or ENGINEER shall be for the sole purpose of
determining the sufficiency of said drawings or schedules to result in finished
improvements in conformity with the plans and specifications, and shall not relieve
the CONTRACTOR of his duty as an independent contractor as previously set
forth, it being expressly understood and agreed that the OWNER or ENGINEER
does not assume any duty to pass upon the propriety or adequacy of such
drawings or schedules, or any means or methods reflected thereby, in relation to
the safety of either person or property during CONTRACTOR'S performance
hereunder.
(b) Temporary Traffic Control: Where the Work is carried on, in or adjacent to any
road, alley, sidewalk, trail, or other public space, the CONTRACTOR shall at his
own cost and expense furnish, erect and maintain temporary traffic control devices
and shall take such other precautionary measures for the protection of persons or
property and of the Work as are necessary. A sufficient number and arrangement
of temporary traffic control devices shall be erected to keep vehicles and persons
from entering on or into any work under construction. The CONTRACTOR's
responsibility for the maintenance of barricades, signs and lights, and for providing
watchmen, shall not cease until the project has been accepted by the Owner.
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All temporary traffic control devices shall be clearly visible at all times of day and
night. Signs and barricades shall constructed of retro-reflective sheeting, and
cones and other channelizing devices shall have retro-reflective banding. All
temporary traffic control devices shall comply with and have the meanings
prescribed by the Texas Manual of Uniform Traffic Control Devices.
The Contractor shall at all times coordinate the closing of any section of road, alley,
sidewalk, trail, or other public space with the OWNER or ENGINEER. When such
a closing is anticipated to have a duration longer than one (1) hour, the
CONTRACTOR shall submit a traffic control plan at least 72 hours in advance to
the OWNER or ENGINEER for review and approval.
The CONTRACTOR shall be held responsible for all damage to the Work due to
failure of barricades, signs, to protect it, and whenever evidence is found of such
damage, the OWNER or ENGINEER may order the damaged portion immediately
removed and replaced by the CONTRACTOR at his cost and expense.
(c) Public Convenience: Materials stored about the Work shall be so placed, and the
Work shall at all times to be so conducted, as to cause no greater obstruction to
the traveling public than is considered necessary by the OWNER. The
CONTRACTOR shall make provisions at all roads, alleys, sidewalks, trails, and
private driveways for the free passage of pedestrians and vehicles provided that
where free passage is impractical or unnecessary in the opinion of the OWNER,
the CONTRACTOR may make arrangements satisfactory to the OWNER for the
diversion of traffic and shall, at his own expense, provide all material and perform
all work necessary for the construction and maintenance of such diversions. The
materials excavated, and the construction materials or plant used in the
construction of the Work, shall be placed so as not to endanger the Work or prevent
free access to all public and private utilities and related appurtenances.
The OWNER reserves the right to remedy any neglect on the part of the
CONTRACTOR as regards to the public convenience and safety which may come
to its attention after twenty-four (24) hours notice in writing the CONTRACTOR,
save in cases of emergency, when it shall have the right to remedy any neglect
without notice; and in either case, the cost of such work done by the OWNER shall
be deducted from monies due or to become due to the Contractor.
(d) Testing of Materials: Testing and inspection of materials required by the
specifications shall be performed by a commercial testing laboratory selected by
the CONTRACTOR and approved by the OWNER. Except as otherwise noted,
the costs of laboratory tests will be paid by the CONTRACTOR, including any
materials or specimens for testing. Any testing of material or workmanship
required due to failure will be paid for by the CONTRACTOR. This payment will
be made direct to the testing laboratory by the CONTRACTOR.
The CONTRACTOR shall furnish at his own expense, suitable evidence that the
materials he proposes to incorporate into the work are in accordance with the
specifications. Mill tests for reinforcing steel and cement will be acceptable if it is
definite that the test sheets apply to the material being furnished. Manufacturer's
or supplier's test results will be acceptable for such items as pipe, valves, hydrants
when it is definite that the material being furnished is in accordance with the
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manufacturer's or supplier's specifications to which the test results apply.
Supplier's evidence of quality and gradation of asphaltic material will be acceptable
as long as the material is secured from the sources to which the evidence applies.
Should the CONTRACTOR fail to provide the above information, or should the
validity of the above information be called into question, the OWNER shall have
the right to require tests to be made by the OWNER's laboratory to obtain this
information and the cost therefore shall be borne by the CONTRACTOR or
deducted from monies owed by the OWNER to the CONTRACTOR.
(e) Trench Excavation Protection: It is the sole duty, responsibility, and prerogative of
the CONTRACTOR, not the OWNER or ENGINEER, to determine the specific
applicability of a trench safety system to each field condition encountered on the
project as required by Part 1926, Sub-part P-Excavations, Trenching, and Shoring
of the Occupational Safety and Health Administration's Standards and
Interpretations. It will be the Contractor's responsibility to identify the soil type and
to accurately adjust his trench safety methods according to the OSHA
requirements.
(f) Explosives: The use of explosives shall not be permitted.
GC.09 INSPECTION AND ACCEPTANCE:
(a) Inspection of Work: Inspection will be performed by representatives of the
OWNER, ENGINEER, other reviewing agencies, and their designees. It is the
intent of the OWNER to inspect all work on this project. The CONTRACTOR is
responsible for verifying with the OWNER, ENGINEER, or other reviewing
agencies when an inspector is and is not required. The CONTRACTOR shall
furnish the OWNER, ENGINEER, other reviewing agencies, and their designees
reasonable access and facilities for inspecting the Work and determining whether
or not the Work is in accordance with the Contract Documents
The CONTRACTOR shall be responsible for all costs associated with verifying the
acceptability of work completed without proper inspection, as directed by the
OWNER, ENGINEER, or other reviewing agency. If deemed to be unacceptable,
the work may be ordered removed at the CONTRACTOR's expense.
(b) Inspection Overtime: The OWNER and ENGINEER will provide inspection staff on
weekdays between 8:00 AM and 5:00 PM. Inspection performed outside these
hours or on weekends or holidays may be subject to an inspection overtime fee
determined by the OWNER and ENGINEER. The CONTRACTOR is responsible
for determining inspection overtime rules of other reviewing agencies.
(c) Use of Completed Portions: The OWNER shall have the right to take possession
of and use any completed or partially completed portions of the work,
notwithstanding the time for completing the entire work or such portions may not
have expired. Such taking possession and use shall not be deemed an
acceptance of any work not completed in accordance with the Contract
Documents, nor shall the risk of loss change from CONTRACTOR to OWNER. If
such prior use increases the cost of or delays the work, the CONTRACTOR shall
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be entitled to such extra compensation, or extension of time, or both, as the
OWNER or ENGINEER may determine.
(d) Defects and their Remedies: If the Work or any portion thereof, or any material
brought on the site of the Work for use in the Work or selected for the same, shall
be deemed by the OWNER or ENGINEER as unsuitable or not in conformity with
the specifications, the CONTRACTOR shall, after receipt of written notice thereof
from the OWNER or ENGINEER, forthwith remove such material and rebuild or
otherwise remedy such work so that it shall be in full accordance with this contract.
(e) Preliminary Final Inspection: Upon substantial completion of the Work, the
CONTRACTOR shall request a preliminary final inspection of the Work by
representatives of the OWNER, ENGINEER, and other reviewing agencies. The
OWNER or ENGINEER will provide written notice of any defects to the
CONTRACTOR and the CONTRACTOR shall promptly remedy such defects in
accordance with the Contract Documents.
(f) Final Inspection: Upon completion of all items identified on the punch list, the
CONTRACTOR shall request a final inspection of the Work by representatives of
the OWNER, ENGINEER, and other reviewing agencies. If additional defects are
noted, the CONTRACTOR shall promptly remedy such defects and repeat this
process. If the Work is found to be acceptable, the OWNER or ENGINEER will
provide written notice of Completion of the Work to the CONTRACTOR.
(g) Acceptance: Upon Completion, the CONTRACTOR shall submit to the OWNER or
ENGINEER such documentation as is necessary to insure that the work has been
completed, subcontractors and suppliers have been paid, any claims received
have been settled, and other documentation as required by the OWNER or
ENGINEER. If the documentation is found to be acceptable, the OWNER or
ENGINEER will issue a written notice of Acceptance of the Work to the
CONTRACTOR.
GC.10 MEASUREMENT AND PAYMENT:
(a) Estimated Quantities: The quantities of each item on the bid proposal blank
represent the approximate amount of work to be done. Final quantities actually
built will be determined and paid for by actual measurements on the ground of the
final work completed. Bidders are especially notified that no incidental items of
work will be paid for unless there appears an item in the proposal blank for such
work. It must be strictly understood that the prices bid are for complete and
acceptable work.
(b) Measurement: Quantities of individual items of work shall be based on the final, in-
place quantity of the item of work, measured or computed using the units specified
in the Proposal. Where a discrepancy in measured or computed quantities occurs
among the OWNER, ENGINEER, and CONTRACTOR, the parties attempt to
reconcile the discrepancy. If no reconciliation is possible, the determination of the
ENGINEER shall be used.
(c) Progress Payments: As close as practical to the end of each month in which work
has been performed, the CONTRACTOR shall prepare and submit to the OWNER
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an application for payment showing as completely as practicable the total value of
the work done by the CONTRACTOR up to and including the last day immediately
preceding the date of such application and the value of all sound materials
delivered on the site of the work that are to be fabricated into the work.
The OWNER'S REPRESENTATIVE and/or ENGINEER shall promptly review
CONTRACTOR'S application for payment, shall either approve or modify the total
value of the work done by CONTRACTOR and the value of materials delivered on
the site, and shall submit to OWNER such application for payment as approved or
modified with OWNER’S REPRESENTATIVE'S and/or ENGINEER'S
recommendation affixed thereto within ten (10) business days following the receipt
of the application from CONTRACTOR.
The OWNER shall pay the CONTRACTOR within thirty (30) days following receipt
of the application from CONTRACTOR, less any amount held for retainage or
outstanding claims or defective work.
(d) Payment Withheld: The OWNER may withhold any payment otherwise due to the
CONTRACTOR. The amount of any withheld payment shall be as necessary to
protect the OWNER's interest in the following circumstances:
(i) unsatisfactory progress of the Work within the CONTRACTOR's control;
(ii) reasonable doubt that the Work can be completed for the unpaid balance;
(iii) failure of the CONTRACTOR to carry out orders of the OWNER;
(iv) defective work not remedied;
(v) the filing of a claim against the CONTRACTOR or reasonable evidence that
a claim will be filled against the CONTRACTOR;
(vi) failure of the CONTRACTOR to make payment to subcontractors or
suppliers for material and labor used in performance of the Work;
(vii) unsafe working conditions or threats to persons or property allowed to
persist by the CONTRACTOR;
(viii) failure of the CONTRACTOR to provide work schedules, invoices, or other
records requested by the OWNER;
(ix) use of subcontractors without the consent of the ENGINEER or OWNER;
(x) or, failure of the CONTRACTOR to keep current redline as-built drawings
at the job site or to turn redline as-built drawings over to the OWNER.
GC.11 EXTRA WORK AND CLAIMS:
(a) Change Orders: Without invalidating this Agreement, the OWNER may, at any time
or from time to time, order additions, deletions or revisions to the work; such
changes will be authorized by written Change Order prepared by the OWNER for
execution by the CONTRACTOR. The Change Order shall set forth the basis for
any change in contract price, as hereinafter set forth for Extra Work, and any
change in contract time which may result from the change.
In the event the CONTRACTOR shall refuse to execute a Change Order which
has been prepared by the OWNER, the OWNER may in writing instruct the
CONTRACTOR to proceed with the work as set forth in the Change Order and the
CONTRACTOR may make claim against the OWNER for Extra Work involved
therein, as hereinafter provided.
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(b) Minor Changes: The OWNER or ENGINEER may authorize minor changes in the
work not inconsistent with the overall intent of the Contract Documents and not
involving an increase in Contract Price. If the CONTRACTOR believes that any
minor change or alteration authorized by the OWNER or ENGINEER involves
Extra Work and entitles him to an increase in the Contract Price, the
CONTRACTOR shall make written request to the OWNER or ENGINEER for a
written Field Order.
Any request by the CONTRACTOR for a change in Contract Price shall be made
in writing in accordance with the provisions of this section prior to beginning the
work covered by the proposed change.
(c) Extra Work: It is agreed that the basis of compensation to the CONTRACTOR for
work either added or deleted by a Change Order or for which a claim for Extra
Work is made shall be determined by one or more of the following methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) nor Method (B) be agreed upon before
the Extra Work is commenced, then the CONTRACTOR shall be paid the
"actual field cost" of the work, plus fifteen (15) percent.
In the event said Extra Work be performed and paid for under Method (C), then
the provisions of this paragraph shall apply and the "actual field cost" is hereby
defined to include the cost to the CONTRACTOR of all workmen, such as foreman,
timekeepers, mechanics and laborers, and materials, supplies, teams, trucks,
rentals on machinery and equipment, for the time actually employed or used on
such Extra Work, plus actual transportation charges necessarily incurred, together
with all power, fuel, lubricants, water and similar operating expenses, also all
necessary incidental expenses incurred directly on account of such Extra Work,
including Social Security Old Age Benefits and other payroll taxes, and, a rateable
proportion of premiums on Performance and Payment Bonds and Maintenance
Bonds, Public Liability and Property Damage and Workmen's Compensation, and
all other insurance as may be required by any law or ordinance, or directed by the
OWNER, or by them agreed to. The OWNER or ENGINEER may direct the form
in which accounts of the "actual field cost" shall be kept and the records of these
accounts shall be made available to the OWNER or ENGINEER. The OWNER or
ENGINEER may also specify in writing, before the work commences, the method
of doing the work and the type and kind of machinery and equipment to be used;
otherwise these matters shall be determined by the CONTRACTOR. Unless
otherwise agreed upon, the prices for the use of machinery and equipment shall
be determined by using 100 percent, unless otherwise specified, of the latest
schedule of Equipment Ownership Expense adopted by the Associated General
Contractors of America. Where practicable the terms and prices for the use of
machinery and equipment shall be incorporated in the written Change Order. The
fifteen percent (15%) of the "actual field cost" to be paid the CONTRACTOR shall
cover and compensate him for his profit, overhead, general superintendence and
field office expense, and all other elements of cost and expense not embraced
within the "actual field cost" as herein defined; save that where the
CONTRACTOR'S Camp or Field Office must be maintained primarily on account
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of such Extra Work, then the cost to maintain and operate the same shall be
included in the "actual field cost."
No claim for Extra Work of any kind will be allowed unless ordered in writing by the
OWNER or ENGINEER. In case any orders or instructions, either oral or written,
appear to the CONTRACTOR to involve Extra Work for which he should receive
compensation or an adjustment in the construction time, he shall make written
request to the OWNER or ENGINEER for written order authorizing such Extra
Work. Should a difference of opinion arise as to what does or does not constitute
Extra Work, or as to the payment therefore, and the OWNER or ENGINEER insists
upon its performance, the CONTRACTOR shall proceed with the work after
making written request for written order and shall keep an accurate account of the
"actual field cost" thereof, as provided under Method (C). The CONTRACTOR will
thereby preserve the right to submit the matter of payment to a court of general
jurisdiction to decide the matter, otherwise the CONTRACTOR shall waive all
claims for payment for Extra Work.
GC.12 CONTRACT TERMINATION
(a) Abandonment by CONTRACTOR: In case the CONTRACTOR should abandon
and fail or refuse to resume work within ten (10) days after written notification from
the OWNER or ENGINEER, or if the CONTRACTOR fails to comply with the orders
of the OWNER or ENGINEER, when such orders are consistent with the Contract
Documents, then, and in that case, where performance and payment bonds exist,
the Sureties on these bonds shall be notified in writing and directed to complete
the work, and a copy of said notice shall be delivered to the CONTRACTOR.
After receiving said notice of abandonment, the CONTRACTOR shall not remove
from the work any machinery, equipment, tools, materials or supplies then on the
job, but the same, together with any materials and equipment under contract for
the work, may be held for use on the work by the OWNER or the Surety on the
performance bond, or another contractor in completion of the work; and the
CONTRACTOR shall not receive any rental or credit therefore (except when used
in connection with Extra Work, where credit shall be allowed as provided for under
Section 6, Extra Work and Claims), it being understood that the use of such
equipment and materials will ultimately reduce the cost to complete the work and
be reflected in the final settlement.
In case the Surety should fail to commence compliance with the notice for
completion hereinbefore provided for, within ten (10) days after service of such
notice, then the OWNER may provide for completion of the work in either of the
following elective manners:
The OWNER may employ such force of men and use such machinery, equipment,
tools, materials and supplies as said OWNER may deem necessary to complete
the work and charge the expense of such labor, machinery, equipment, tools,
materials and supplies to said CONTRACTOR, and expense so charged shall be
deducted and paid by the OWNER out of such moneys as may be due, or that may
thereafter at any time become due to the CONTRACTOR under and by virtue of
this Agreement. In case such expense is less than the sum which would have
been payable under this contract, if the same had been completed by the
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CONTRACTOR, then said CONTRACTOR shall receive the difference. In case
such expense is greater than the sum which would have been payable under this
contract, if the same had been completed by said CONTRACTOR, then the
CONTRACTOR and/or his Surety shall pay the amount of such excess to the
OWNER; or
The OWNER under sealed bids, after five (5) days notice published one or more
times in a newspaper having general circulation in the county of the location of the
work, may let the contract for the completion of the work under substantially the
same terms and conditions which are provided in this contract. In the case of any
increase in cost to the OWNER under the new contract as compared to what would
have been the cost under this contract, such increase shall be charged to the
CONTRACTOR and the Surety shall be and remain bound therefore. However,
should the cost to complete any such new contract prove to be less than what
would have been the cost to complete under this contract, the CONTRACTOR
and/his Surety shall be credited therewith.
When the work shall have been substantially completed the CONTRACTOR and
his Surety shall be so notified and Certificates of Completion and Acceptance shall
be issued. A complete itemized statement of the contract accounts, certified to by
the OWNER or ENGINEER as being correct, shall then be prepared and delivered
to the CONTRACTOR and his Surety, whereupon the CONTRACTOR and/or his
Surety, or the OWNER as the case may be, shall pay the balance due as reflected
by said statement, within fifteen (15) days after the date of such Certificate of
Completion.
After final completion of the work and in the event the statement of accounts shows
that the cost to complete the work is less than that which would have been the cost
to the OWNER had the work been completed by the CONTRACTOR under the
terms of this contract; or when the CONTRACTOR and/or his Surety shall pay the
balance shown to be due by them to the OWNER, then all machinery, equipment,
tools, materials or supplies left on the site of the work shall be turned over the
CONTRACTOR and/or his Surety. Should the cost to complete the work exceed
the contract price, and the CONTRACTOR and/or his Surety fail to pay the amount
due the OWNER within the time designated hereinabove, and there remains any
machinery, equipment, tools, materials or supplies on the site of the work, notice
thereof, together with an itemized list of such equipment and materials, shall be
mailed to the CONTRACTOR and his Surety at the respective addresses
designated in this contract; provided, however, that actual written notice given in
any manner will satisfy this condition. After mailing, or other giving of such notice,
such property shall be held at the risk of the CONTRACTOR and his Surety subject
only to the duty of the OWNER to exercise ordinary care to protect such property.
After fifteen (15) days from the date of said notice the OWNER may sell such
machinery, equipment, tools, materials or supplies and apply the net sum derived
from such sale to the credit of the CONTRACTOR and his Surety. Such sale may
be made at either public or private sale, with or without notice, as the OWNER may
elect. The OWNER shall release any machinery, equipment, tools, materials, or
supplies, which remain on the work, and belong to persons other than the
CONTRACTOR or his Surety, to their proper owners.
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(b) Abandonment by OWNER: In case the OWNER shall fail to comply with the terms
of this contract within ten (10) days after written notification by the CONTRACTOR,
then the CONTRACTOR may suspend or wholly abandon the work, and may
remove therefrom all machinery, tools and equipment, and all materials on the site
of work that have not been included in payments to the CONTRACTOR and have
not been wrought into the work. Thereupon the ENGINEER shall make an
estimate of the total amount earned by the CONTRACTOR, which estimate shall
include the value of all work actually completed by said CONTRACTOR, the value
of all partially completed work at a fair and equitable price, and the amount of all
Extra Work performed at the prices agreed upon, or provided for by the items of
this contract, and a reasonable sum to cover the cost of any provisions made by
the CONTRACTOR to carry the whole work to completion and which cannot be
utilized. The ENGINEER shall then make a final statement of the balance due the
CONTRACTOR by deducting from the above estimate all previous payments by
the OWNER and all other sums that may be retained by the OWNER under the
terms of this Agreement and shall certify same to the OWNER who shall pay to the
CONTRACTOR on or before thirty (30) days after the date of delivery to OWNER
of such certified final statement.
(c) Termination of Contract in Case of National Emergency: Whenever, because of a
national emergency, so declared by the President of the United States or other
lawful authority, it becomes impossible for the Contractor to obtain all of the
necessary labor, material and equipment for the prosecution of the work with
reasonable continuity for a period of two (2) months, the Contractor shall within
seven (7) days notify the Owner in writing, giving a detailed statement of the efforts
which have been made and listing all necessary items of labor, material and
equipment not obtainable. If, after investigation, the Owner finds that such
conditions exist and that the inability of the Contractor to proceed is not attributable
in whole or in part to the fault or neglect of the Contract, then if the Owner cannot
after reasonable effort assist the Contractor in procuring and making available the
necessary labor, materials, and equipment within thirty (30) days, the Contractor
may request the Owner to terminate the contract and the Owner shall within thirty
(30) days comply with the request, and the termination shall be based on a final
settlement, which shall include, but not be limited to, the payment for all work
executed.
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SPECIAL CONDITIONS
SC.01 PURPOSE: The Special Conditions contained herein set forth conditions or
requirements particular to this Contract:
COLEMAN STREET IMPROVEMENTS
TOWN BID NO. 2015-40-B
The Special Conditions supplement the General Conditions and the Standard
Specifications and take precedence over any conditions or requirements of the
General Conditions and the Standard Specifications with which they are in conflict.
SC.02 DEFINITIONS: The following words and expressions, or pronouns used in their place,
shall wherever they appear in this Contract, be construed as follows, unless a different
meaning is clear from the context:
ENGINEER: The Engineer of Record as shown on the Construction Drawings:
L. Nathan Ante, P.E
2201 W. Royal Lane, Suite 275
Irving, TX 75063
Phone: (214) 420-5603
or his designee.
SC.03 LIQUIDATED DAMAGES: General Condition GC.06, e and GC.07 are deleted and
replaced with the following:
The time of completion is of the essence for this Contract. For each day that any work
shall remain uncompleted after the date specified in the Contract or in an executed
Charge Order, including milestone completion dates, substantial completion, and final
completion, the OWNER may deduct the following sum from monies due to the
CONTRACTOR for each day the work remains uncompleted: $1,000 per day.
SC.04 INCREASED OR DEREASED QUANTITIES OF WORK:
The Town reserves the right to make changes in the quantities of the Work, as may
be considered necessary or desirable, and such changes shall not be considered as
waiving or invalidating any conditions or provisions of the Contract or bonds. The
Contractor shall perform the Work as altered, whether increased or decreased, and
no allowances shall be made for anticipated profits.
The Town reserves the right to decrease the Work under this Contract. Payment to
the Contractor for the Contract items shall be made for the actual quantities of Work
performed and material furnished at the unit prices set forth in the Contract, except as
provided below.
When the quantity of Work to be done or of materials to be furnished under any major
item of the Contract is more than 125 percent of the Bid Quantity, then either party to
the Contract, upon demand, shall be entitled to negotiate for revised consideration on
the portion of Work above 125 percent of the quantity stated in the Contract.
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When the quantity of Work to be done or of materials to be furnished under any major
item of the Contract is less than 75 percent of Bid Quantity, then either party to the
Contract, upon demand, shall be entitled to negotiate for revised consideration on the
Work performed. The Contractor will not be entitled to any potential restocking fees or
charges.
SC.05 DESCRIPTION OF CERTAIN PAY ITEMS:
Any and all Work specifically called for in the Contract Documents or which is required
for the proper construction of items called for in the Contract Documents is to be
performed by Contractor unless specifically indicated otherwise. The cost of all work
for which there is no separate pay item in the proposal shall be included in the
price for a related pay item such that work called for or required by the Contract
Documents will be constructed for the Contract Price.
The following descriptions of certain pay items are intended to clarify the nature of the
work required for this project. The provisions of the standard specifications shall apply,
except as otherwise noted herein.
Each pay item includes all labor, materials, equipment and incidentals necessary to
construct that item. The contract shall be awarded based on the "TOTAL BID" for the
funding that the Town has budgeted.
Pay Item 1 – Mobilization
The work under this item shall include the establishment of offices and other facilities
on the project site and the movement of personnel, construction equipment and
supplies to the project site or to the vicinity of the project site in order to enable the
Contractor to begin work on the contract. The cost of all bonds and insurance for the
project will also be considered part of this specification.
Mobilization will be measured as a lump sum item as the work progresses. Partial
payments for mobilization shall be paid for at the Total Unit Price as shown in the bid
proposal with the regular monthly estimates as follows. The adjusted contract amount
for construction items as used below is defined as the total contract amount less the
lump sum bid for Mobilization.
a. When 1% and less than 5% of the adjusted contract amount for construction items
is completed, 50% of the mobilization lump sum bid will be paid.
b. When 5% and less than 10% of the adjusted contract amount for construction
items is completed, 75% of the mobilization lump sum bid will be paid. Previous
payments under this section will be deducted from this amount.
c. When 10% or more of the adjusted contract amount for construction items is
completed, 95% of the mobilization lump sum bid will be paid. Previous payments
under this section will be deducted from this amount.
d. Payment for the remainder of the lump sum bid for “Mobilization” will be made on
the final estimate.
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Mobilization shall encompass cost for the entire project. The Contractor will be
expected to work continuously. If the Contractor stops work for any reason and
remobilizes, the cost of remobilization will be at the Contractor’s expense.
Pay Item 2 – General Site Preparation (All Removals)
This pay item governs the preparation of right-of-way and those areas adjacent to or
offsite as may be designated on the plans for construction operations. All work shall
be performed per NCTCOG Item 203.3 “General Site Preparation”. This work will
include the removal of all obstructions not designated to remain in place. This shall
include, but not limited to, all sprinkler systems, landscaping, planter boxes, trees,
stamped concrete, pavers, fences, mailboxes, sidewalks, utilities, pavement,
driveways, pavers, utilities, structures, traffic rail, screening walls, fences, columns,
signage, retaining walls, MBGF, and any and all drainage structures (including
headwalls), etc. Measurement and payment shall be on the basis of price bid per lump
sum and shall be full compensation for all labor, materials, and equipment necessary
to complete this pay item. If Contractor damages any item not designated to be
removed within the limits of construction, it must be restored to equal or better
condition at the Contractor’s cost. Abandonment and removal of existing water lines,
and all appurtenances are subsidiary.
This item also includes tree protection in accordance with Town requirements.
Pay Item 3 – Barricades, Signs, and Traffic Handling
This item shall consist of all the work, labor, equipment, materials, and
superintendence necessary to furnish, install, operate, maintain, erect, remove traffic
control devises including, but not limited to: signage, delineators, lights, barricades,
temporary asphalt pavement, detours, pavement markings, etc. All temporary asphalt
pavement for temporary pavement repairs and temporary driveway connections shall
be considered subsidiary.
Contractor will be required to submit a detailed traffic control plan prior at the Pre-
Construction meeting, and update it with every deviation. Traffic control plan and
detour plan must be prepared by an engineer or individual certified in proper temporary
traffic control (TTC) practices. Town may request verification of such certification. No
separate pay for preparation of the traffic control plan.
If, at any time during construction, the Contractor's proposed plan of operation for
handling traffic does not provide for safe, comfortable movement, the Contractor shall
immediately change its operations to correct the unsatisfactory condition at their cost.
Barricades and signs shall be placed in such a manner as to not interfere with the sight
distance of drivers entering the highway from driveways or side streets. To facilitate
shifting, barricades and signs used in lane closures or traffic staging may be erected
and mounted on portable supports. The designs of these supports shall be in
compliance with current TxDOT and Texas MUTCD standards and are subject to the
approval of the Town.
This item shall be measured on a lump sum basis.
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Pay Item 4 – Storm Water Pollution Prevention Plan
This pay item shall consist of all work associated with providing Temporary Erosion,
Sedimentation and Water Pollution Prevention and Control for the project and shall be
performed in accordance with NCTCOG Item 201 “Temporary Erosion, Sedimentation
and Water Pollution Prevention and Control” for the entire duration of the project. This
pay item includes all work associated with the preparation and implementation of an
SWPPP.
It shall be the full responsibility of the CONTRACTOR to acquire and comply with any
and all permits as may be required to avoid delay of the Project. No separate payment
will be made for this item and it will be considered subsidiary to the other items bid.
Every soil disturbing activity shall have at minimum an accompanying Erosion Control
Plan (“ECP”). Those activities disturbing one or more acres shall require preparation
of a Storm Water Pollution Prevention Plan (“SWP3”).
As necessary, the CONTRACTOR shall prepare and provide a SWP3 prior to
construction. The cost to the CONTRACTOR for the preparation of the SWP3 shall
be included in the unit price bid for Temporary Erosion, Sediment and Water Pollution
Control and SWP3. The SWP3 shall be prepared in accordance with the Texas
Commission on Environmental Quality (“TCEQ”) Construction General Permit
TXR150000 and shall also comply with Federal storm water management regulations.
The plan shall employ measures to prevent erosion and siltation caused by, or arising
out of the construction disturbance from reaching streambeds, channels, storm water
structures, ponds, etc. The plan shall follow the Town’s requirements and employ
recommendations of the “iSWM™ Design Manual for Construction” published by
NCTCOG. In the event of a conflict between these requirements and Federal and
State pollution control laws, rules, and regulations or other Federal, State or Local
agency laws, rules, and regulations, the more restrictive shall apply. The release of
the plan for construction by the Town in no way relieves the CONTRACTOR of any
responsibility and liability for the pollution control.
Erosion control measures to be incorporated in the ECP and/or SWP3 are detailed in
the construction Plans and are included in this Contract as separate pay items. The
bid items for the temporary erosion control items include the installation, maintenance
(throughout the Project duration) and removal of these items.
For activities disturbing one or more acres, the appropriate Construction Site Notice
(“CSN”) shall be completed and posted prior to commencement of activities. For
activities disturbing five or more acres, it is required that a Notice of Intent (“NOI”) be
prepared and submitted to TCEQ prior to commencement of activities. A copy of the
NOI and/or appropriate CSN shall be provided to the Town prior to issuance of a
grading permit.
The appropriate CSN shall be posted in a location viewable to the public. If the activity
requires NOI submittal, the Letter of Acknowledgement (upon receipt) shall be posted
with the CSN. These shall remain posted until construction is complete and Notice of
Termination (“NOT”) submitted. The SWP3 shall be readily available for review by
Federal, State, or local officials.
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No soil disturbing activities will occur until the following have been implemented:
(a) SWP3 (if appropriate) is signed by both the CONTRACTOR and OWNER
(b) OWNER submits NOI to the State (if appropriate)
(c) CONTRACTOR submits NOI to the State (if appropriate)
(d) CSN/Letter of Acknowledgement (as appropriate) posted on site and
viewable to the public
(e) SWP3, ECP, and associated Best Management Practices (“BMPs”) being
fully implemented and inspected by the Town
The CONTRACTOR shall comply with Town Ordinance’s and NCTCOG’s iSWM™
Design Manual for Construction, the TPDES General Construction Permit TXR150000
and any other State and/or Local regulations.
The site shall be reviewed by the CONTRACTOR or his representative weekly, and
after any major storm. Adjustments/repairs to the erosion control measures will then
be made as needed and inspected and approved by the OWNER. Any changes to
the ECP must be incorporated into the SWP3 as appropriate. Changes to the SWP3
shall include date of change and reason for modification.
Final acceptance of a site shall be contingent upon vegetation being established per
the TPDES General Construction Permit TXR150000, and a proper NOT submitted to
the State. A copy of the NOT shall be provided to the TOWN. Until such final
acceptance of the erosion control has been determined, the TOWN shall withhold half
of the retainage as described in the Progress Payments and Retainage section of the
Contract Documents.
Pay Item 8 – Unclassified Street Excavation
This pay item shall consist of all work associated with providing unclassified street
excavation for the project and shall be performed in accordance with NCTCOG Item
203.4 “Unclassified Street Excavation”. Final ditch and swale grading and final
parkway grading are subsidiary and will not be measured or paid for separately.
The bid total was determined through calculations and will be used for determining
final quantity for payment purposes. Contract adjustment may be made if the actual
measured quantity varies by more than 10% of the total estimated bid quantity amount.
Either the Town or the Contractor may initiate the adjustment. If the adjustment is
requested by the Contractor, the Contractor must obtain field measurements and
calculations justifying the actual quantity. If the adjustment is made by the Town, the
revised quantity will constitute the final quantity which payment will be made.
Measurement and payment shall be for the unit price bid per cubic yard of
embankment for all labor and incidentals necessary to perform the work.
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Pay Item 9 – Borrow/Embankment
This pay item shall consist of all work associated with providing borrow/embankment
for the project and shall be performed in accordance with NCTCOG Item 203.6
“Borrow” and 203.7 “Embankment”. Final ditch and swale grading and final parkway
grading are subsidiary and will not be measured or paid for separately.
The bid total was determined through calculations and will be used for determining
final quantity for payment purposes and includes the total borrow required for the
project (not net). Contract adjustment may be made if the actual measured quantity
varies by more than 10% of the total estimated bid quantity amount. Either the Town
or the Contractor may initiate the adjustment. If the adjustment is requested by the
Contractor, the Contractor must obtain field measurements and calculations justifying
the actual quantity. If the adjustment is made by the Town, the revised quantity will
constitute the final quantity which payment will be made. Measurement and payment
shall be for the unit price bid per cubic yard of embankment for all labor and incidentals
necessary to perform the work.
Pay Item 14 – Reinforced Concrete Street Header
This pay item shall include all labor, materials, tools, and incidentals necessary to
reinforced concrete street headers for both at existing pavement and for future
pavement in accordance with the details and NCTCOG Item 305.4.
Pay Item 19 – Project Sign
This item shall consist of all necessary labor, materials, and equipment necessary for
furnishing and installing a project sign in accordance with Town requirements and
standards. The layout of the sign shall be submitted to the Town for review and
approval prior to ordering.
Measurement and payment shall be on the basis of the unit price bid for each project
sign and shall be full compensation for all labor, materials, and incidentals necessary
to complete the work.
Pay Items 20 to 26 – Reflective Pavement Markings
The work under this pay item shall include but not be limited to all labor and materials
necessary to furnish and install thermoplastic striping as indicated on the plans. All
labor, materials, and incidentals related to surface preparation shall be considered
subsidiary to these items. No separate pay item shall be included for surface
preparation for sealer, where required. Removal of all existing pavement markings as
shown on the plans shall be considered subsidiary to all other pavement marking pay
items. No separate pay item shall be included for removal of existing pavement
markings. All pavement markings shall be installed per the plans and shall be in
accordance with TxDOT Item 666 “Reflectorized Pavement Markings”, Type I.
Measurement and payment shall be on the basis of the unit price bid per linear foot of
furnishing and installing thermoplastic striping and per each for thermoplastic words
and arrows and shall be full compensation for all labor, equipment, materials, tools,
and incidentals necessary to perform the work.
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Pay Item 27, 28 – Raised Reflectorized Pavement Markers
The work under this pay item shall include but not be limited to all labor and materials
necessary to furnish and install raised pavement markers as indicated on the plans.
All labor, materials, and incidentals related to surface preparation shall be considered
subsidiary to these items. No separate pay item shall be included for surface
preparation. Removal of all existing pavement markings shall be considered subsidiary
to all other pavement marking pay items. No separate pay item shall be included for
removal of existing pavement markings. All raised pavement markers shall be installed
per the plans and shall be in accordance with TxDOT Items 666 and 672 “Raised
Pavement Markers”. All Temporary Pavement Markings shall be considered
subsidiary to the Traffic Control item.
Measurement and payment shall be on the basis of the unit price bid per furnishing
and installing each raised pavement marker and shall be full compensation for all
labor, equipment, materials, tools, and incidentals necessary to perform the work.
Pay Item 29 – Furnish and Install New Sign and Sign Post Assembly
The work under this item shall be performed in accordance with TxDOT and MUTCD
standards and the details included in the plans. This work shall include all necessary
labor and materials to furnish and install all new standard signs, supports, foundations,
and assemblies at the locations deemed necessary by the Town. All additional signage
required during traffic control shall be considered subsidiary to the pay item for the
temporary signal installation. New Street Name blades shall also be furnished and
installed if they are within the limits of construction and require relocation.
Prior to installation of new signage, Contractor shall stake locations for Town approval.
Existing signage to be removed shall be salvaged and returned to the Town. (no
separate pay).
Measurement and payment shall be on a per each basis and shall be full
compensation for all labor, materials, and incidentals necessary to complete the work.
Pay Items 30, 31 – Metal W-Beam Guard Fence and Guardrail End Treatment
This pay item shall include all necessary labor, material, and equipment necessary to
install a MBGF and Guardrail End Treatment at the location shown on the plans. The
Contractor may elect to salvage the existing MBGF and Guardrail End Treatment
located at the southern crossing along Coleman, but must be installed in accordance
with the TxDOT Items 540 and 544. Any new material requirement for the installation
is considered subsidiary.
Pay Item 34 – Bermuda with 4” Topsoil
Contractor shall sod (Bermuda) areas as shown in the plans (and provide staples to
secure the sod in areas where sod is placed in the swales/berms). If the Contractor
disturbs areas outside the areas shown on the plans, they shall also be seeded or
sodded at the discretion of the Town at Contractor cost. All areas that are sodded must
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also receive 4” of offsite clean topsoil meeting NCTCOG Item 202, and will NOT be
measured and paid for separately. The topsoil is subsidiary.
Measurement and payment shall be on the basis of the price bid per square yard of
sod with 4” topsoil and shall be full compensation for all labor, materials, and
incidentals necessary to complete the work. No separate pay for topsoil.
Pay Item 35 – Broadcast Seeding with 4” Topsoil
Contractor shall broadcast seed areas as shown in the plans in accordance with
NCTCOG Item 202.6. If the Contractor disturbs areas outside the areas shown on the
plans, they shall also be seeded or sodded at the discretion of the Town at Contractor
cost. All areas that are seeded must also receive 4” of offsite clean topsoil meeting
NCTCOG Item 202, and will NOT be measured and paid for separately. The topsoil is
subsidiary.
Measurement and payment shall be on the basis of the price bid per square yard of
broadcast seed with 4” topsoil and shall be full compensation for all labor, materials,
and incidentals necessary to complete the work. No separate pay for topsoil.
Pay Item 42 – Headwall with Formliner (At Pond)
This pay item shall include all necessary labor, material, and equipment necessary to
install the headwall (Headwall with Formliner at pond) in accordance with TxDOT
specifications and details. An ashlar formliner shall be used on all exposed face and
painted to replicate the native stone in the vicinity. Contractor shall provide a 4’x4’
mock-up for Town approval (no separate pay).
Toe of headwall shall be placed at a depth below the water surface elevation of the
pond that is in accordance with the recommendations in the geotechnical report
number 103-15-194 dated February 2015 by CMJ Engineering, Inc. (no separate pay).
Contractor shall submit Shop Drawings for review.
Pay Item 43 – Headwall with Formliner (At Culvert Extension)
This pay item shall include all necessary labor, material, and equipment necessary to
install the headwall (Headwall with Formliner at Culvert Extension) in accordance with
TxDOT specifications and details. An ashlar formliner shall be used on all exposed
face and painted to replicate the native stone in the vicinity. Contractor shall provide
a 4’x4’ mock-up for Town approval (no separate pay).
Contractor shall submit Shop Drawings for review.
Pay Item 44 – Combination Rail with Formliner
This pay item shall include all necessary labor, material, and equipment necessary to
install the rail in accordance with TxDOT Item 450. An ashlar formliner shall be used
on all exposed face and painted to replicate the native stone in the vicinity. Contractor
shall provide a 4’x4’ mock-up for Town approval (no separate pay).
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Pay Item 52 – Convert Existing Drop Inlet to Junction Box
This pay item shall include all necessary labor, material, and equipment necessary to
convert existing drop inlets to junction boxes. Top of drop inlets shall be removed and
reconstructed per TxDOT details TYPE PB and PSL. Rim of junction box shall be set
to proposed grade.
Measurement and payment shall be on the basis of unit price bid per each junction
box.
Pay Item 53 – Convert Existing Curb Inlet to Junction Box
This pay item shall include all necessary labor, material, and equipment necessary to
convert existing curb inlets to junction boxes. Top of curb inlets shall be removed and
reconstructed per TxDOT details TYPE PB and PSL. Rim of junction box shall be set
to proposed grade.
Measurement and payment shall be on the basis of unit price bid per each junction
box.
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APPENDIX
APPENDIX A1 - GEOTECHINICAL REPORT
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COLEMAN STREET IMPROVEMENTS – VICTORY WAY TO SH 289
APPENDIX A2 – PROJECT INFORMATION SIGN
Item 10
36"
ROAD WORK
BACKGROUND: ORANGE
BORDER/TEXT: BLACK
BORDER WIDTH: 1/2"
FONT: FHWA SERIES D
HEIGHT: 3 INCHES
42"
Project NameProject Name
Project Name48"
BACKGROUND: BROWN
BORDER/TEXT: WHITE
BORDER WIDTH: 1/2"
LOGO HEIGHT: 9 INCHES
FONT: FHWA SERIES C
HEIGHT: 3 INCHES (LARGE)
2 INCHES (SMALL)
6"
Contractor NameContractor Phone No.
www.prospertx.gov(972) 346-3502
NOTES:
1. Project information signs shall be fabricated and erected in accordance with the current version
of the TxDOT Barricade and Construction (BC) details, including mounting height, retroreflective
materials, and mounting requirements.
2. Town logo will be provided to Contractor in electronic format upon request. Town may request
additional logos be added to recognize funding partners. All logos shall be converted to
monochrome coloring unless otherwise directed.
3. "ROAD WORK" text may be modified as directed by the Town Project Manager to reflect scope
of project, for example "UTILITY WORK" "DRAINAGE WORK" or other appropriate description.
4. Contractor shall provide Town Project Manager a proof for review prior to fabrication of the
project information sign.
5. Project information signs shall be erected as shown in the plans or as directed by the Town
Project Manager. Signs shall not obstruct sight lines or pedestrian circulation paths.
10.5"
15.5"
7.5"
7.5"
PROJECT INFORMATION
SIGN
TOWN OF PROSPER, TEXAS REVISED: DEC 2014
STANDARD DRAWING NO.
PS
Item 10
Page 1 of 2
To: Mayor and Town Council
From: Paul Naughton, RLA, Landscape Architect
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – October 27, 2015
Agenda Item:
Consider and act upon approving the purchase of lighting and installation services for the Frontier
Park - Southeast Corner, Phase 2 Field Lighting project, from Musco Sports Lighting, LLC, through
the Texas Local Government Purchasing Cooperative.
Description of Agenda Item:
At the Town Council's January 29, 2014, Strategic Planning Session, staff was given direction to
begin moving forward with adding additional athletic field lighting at Frontier Park. The first project
was the additional lighting for the soccer fields at Frontier Park east of the concession stands. The
second project was adding lighting at the southwest corner practice fields. This project is for the
remaining lights on the area south of the soccer fields at the southeast corner of Frontier Park.
Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code,
Chapter 791, to enter into joint contracts and agreements for the performance of governmental
functions and services, including administrative functions normally associated with the operation of
government (such as purchasing necessary materials and equipment). The Town of Prosper
entered into an interlocal participation agreement in June 2005, providing the Town’s participation
in the Texas Local Government Purchasing Cooperative. Participation in the cooperative
purchasing program allows our local government to purchase goods and services from the
cooperative’s online purchasing system, BuyBoard, while satisfying all competitive bidding
requirements.
Budget Impact:
The total cost of the lighting and installation services is $596,788. The total budget for the project is
$600,000, which includes a $3,212 contingency. Funding in the amount of $600,000, was
approved in the FY 2015-2016 budget from the Park Dedication Fund (Account No. 61-6610-60-
00-1602-PK).
Attached Documents:
1. Musco Lighting BuyBoard Quote
2. Location Map
Prosper is a place where everyone matters.
PARKS &
RECREATION
Item 11
Page 2 of 2
Town Staff Recommendation:
Town staff recommends that the Town Council approve the purchase of lighting and installation
services for the Frontier Park - Southeast Corner, Phase 2 Field Lighting project, from Musco
Sports Lighting, LLC, through the Texas Local Government Purchasing Cooperative.
Proposed Motion:
I move to approve the purchase of lighting and installation services for the Frontier Park -
Southeast Corner, Phase 2 Field Lighting project, from Musco Sports Lighting, LLC, through the
Texas Local Government Purchasing Cooperative.
Item 11
Musco Sports Lighting, LLC ! 2009, 2012 M-1290-enUS-3 1
Frontier Park Multipurpose Area 2 and Mulptipurpose Area 3
(3 Zones for Multipurpose Area 2 and 2 Zones for Multipurpose Area 3)
Prosper, Texas
Buy Board Quote
Park and Rec. Field Lighting Contract #423-13 Expiration Date: 9/30/2016
Date: September 24, 2015
Equipment Description
Light-Structure Green™ System delivered to your site in Five Easy Pieces™
¥ 10 - Pre-cast concrete bases
¥ 10 – 70’ Galvanized steel poles
¥ UL Listed remote electrical component enclosure
¥ Pole length wire harness
¥ 112 - Factory-aimed and assembled luminaires
¥ Painting the poles, remote ballast enclosures, crossarms and fixtures dark bronze to match other
Musco lighting equipment throughout the park.
Also Includes:
¥ Energy savings of more than 50% over a standard lighting system
¥ 50% less spill and glare light than Musco’s prior industry leading technology
¥ Musco Constant 25™ warranty and maintenance program that eliminates 100% of your maintenance
costs for 25 years, including labor and materials
¥ Guaranteed constant light level of 30 footcandles for 25 years
¥ 1 group re-lamp at the end of the lamps’ rated life, 5000 hours
¥ Reduced energy consumption
¥ Control Link® Control & Monitoring System for flexible control and solid management of your lighting
system
¥ Lighting Contactors
¥ Installation of Musco equipment and electrical for a fully operational system (See page 3)
¥ Designs and Plans
¥ Bonding and insurance
Quote
Musco’s Light Structure Green™ as described above
Multipurpose Area 2 and Area 3 Musco Equipment ($34,025.20 per pole)..………$340,252
Adder for powder-coat paint to match the existing equipment at the park…………. $75,299
Installation………………………………………………………………………………… $175,750
Bonding…………………………………………………………………………………… $5,487
Total………….. $596,788
Pricing furnished is effective for 60 days and is considered confidential.
Item 11
Musco Sports Lighting, LLC ! 2009, 2012 M-1290-enUS-3 2
Payment Terms
Net 30.
Musco will attempt to coordinate shipment so that delivery corresponds with the customer’s payment schedule.
We will expect payment within the terms described above unless there is a written statement from Musco’s
corporate headquarters stating the acceptance of different terms.
¥ Delivery to the job site from the time of order, submittal approval, and confirmation of order details
including voltage and phase, pole locations is approximately 30-45 days. Due to the built-in custom
light control per luminaire, pole locations need to be confirmed prior to production. Changes to pole
locations after the product is sent to production could result in additional charges.
Notes
Quote is based on:
¥ Shipment of entire project together to one location
¥ Structural code and wind speed = 2009 IBC, 90 MPH
¥ Confirmation of pole locations prior to production
Thank you for considering Musco for your sports-lighting needs. Please contact me with any questions.
Chris Johnson
Sales Representative
Musco Sports Lighting, LLC
Cell: 214-733-2927
E-mail: chris.johnson@musco.com
Fax: 800-374-6402
Item 11
Musco Sports Lighting, LLC ! 2009, 2012 M-1290-enUS-3 3
Installation
Services
Multipurpose Area 2
" Unload Musco poles, precast bases, fixtures and components at site
" Provide storage for glass product
" Drill holes for 4 Musco poles per Musco structural design for standard soil conditions
" Install Musco precast concrete bases, backfill with concrete
" Assemble poles and 60 – Light Structure Green fixtures
" Assemble and Install Fixtures on back of Multi-Purpose 1
" Stand poles
" Orientate to aiming spot
" Install Musco wiring harnesses
" Bore for underground circuits
" Furnish and install conduit and conductors
" Furnish and install (near existing Power Company XFMR) Enclosure, Enclosure Pad, Panels, & Service
" Install Musco Lighting Control Cabinet
" Miscellaneous material and labor
" Haul-off and Site Clean-up
Multipurpose Area 3
" Unload Musco poles, precast bases, fixtures and components at site
" Provide storage for glass product
" Drill holes for 6 Musco poles per Musco structural design for standard soil conditions
" Install Musco precast concrete bases, backfill with concrete
" Assemble poles and 52 – Light Structure Green fixtures
" Stand poles
" Orientate to aiming spot
" Install Musco wiring harnesses
" Bore for underground circuits
" Furnish and install conduit and conductors
" Tie in to Panels and Controls supplied in Multi-Purpose 2
" Miscellaneous material and labor
" Haul-off and Site Clean-up
Excludes:
ø Other work not stated above
ø Permit fees
ø Survey
ø Tree Protection
ø Soil Erosion
ø Re-establishing SOD
ø Utility company charges
Item 11
Item 11
Page 1 of 3
To: Mayor and Town Council
From: John Webb, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – October 27, 2015
Agenda Item:
Conduct an annual review of the Town’s Comprehensive Plan.
Background:
When the Comprehensive Plan (Plan) was adopted in 2012, the Implementation section noted
the Plan should be a dynamic document that responds to changing needs and conditions of the
Town. It recommends that at one-year intervals, a review of the Plan should be conducted with
respect to current conditions and trends. Such evaluations provide a basis for adjusting capital
expenditures and priorities, as well as identify changes and additions that should be made to the
Plan in order to keep it current and applicable for the long-term.
On October 7, 2014, and October 14, 2014, the Planning & Zoning Commission and Town
Council, respectively, conducted their annual review of the Plan. At a Joint Work Session held
on December 2, 2014, the Council and the Commission discussed the annual review of the
Plan. The services of the consulting firm, Masterplan, had been retained in 2014 to perform the
annual review. At the Joint Work Session, it was determined that it would not be necessary to
utilize a consultant for a formal review every year, and a staff-conducted annual review would
be sufficient. The 2014 Annual Update of the Comprehensive Plan is attached for reference.
Summary of Agenda Item:
One of the significant purposes of a Plan is to guide the decision-making process in rezoning
requests. Since the adoption of the Future Land Use Plan in August 2012, 41 rezoning
requests have been approved. Per advice from the Town Attorney, beginning in July 2014,
rezoning requests which do not conform to the Future Land Use Plan are required to be
accompanied by a separate request to formally amend the Plan.
Between August 2012 and July 2014, 25 rezoning requests were approved, eight of which
were not in accordance with the Future Land Use Plan.
Since July 2014, 16 rezoning requests have been approved, one of which was not in
accordance with the Future Land Use Plan, for a minor amendment to Planned
Development-40 (Windsong Ranch) to incorporate a five acre outlot into the development.
Since that time, there have been three amendments to the Future Land Use Plan which have
been approved in conjunction with the companion rezoning requests.
Prosper is a place where everyone matters.
PLANNING
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Page 2 of 3
One of the major accomplishments this year was the adoption of updated residential
development standards. This project was identified in the Council’s Strategic Goals and was
consistent with the following Goals in the Plan which state:
“Maintain and enhance the high quality of life and small-town feel currently available
and expected by Prosper residents.
Protect the quality and integrity of Prosper’s neighborhoods.
Require high-quality and visually attractive architectural characteristics in both
residential and non-residential developments.”
Future Projects:
In the upcoming year, Development Services intends to initiate or complete the following
Strategic Goals and projects to meet the objectives of the Implementation section of the Plan:
Update Zoning Ordinance Use Chart
Update the Subdivision Ordinance
Update non-residential development standards
Initiate Phase One Old Town Planning assessment study
Update zoning districts and land use charts in the zoning ordinance (i.e. Commercial Corridor
District)
Reformat the Zoning Ordinance to improve ease of use
Staff is requesting the consideration of an amendment to the Comprehensive Plan regarding the
correlation/equivalency between Future Land Use Map Designations and Zoning Districts. For
instance, the Future Land Use Map designates some of the non-residential areas as “Business
Park,” “Tollway District,” and “US 380 District,” but the Plan does not provide equivalent zoning
district designations, such as the “Retail,” “Commercial,” and the “Commercial Corridor,”
Districts. When zoning change requests are considered, it would assist in determining whether
or not the request is consistent with the Future Land Use Plan’s designation.
Findings and Trends:
With the Plan being in effect in its third year, the document appears to be consistent with the
Council’s goals and market conditions.
Residential Development:
The strong DFW economy and demand for new housing will continue to place Prosper as a
prime market to meet this residential demand. With the increasing costs of land and
development, there will be pressure to maximize lot yield. Where zoning entitlements do not
currently exist, such as properties zoned Agricultural, it is anticipated that the Planning & Zoning
Commission and the Town Council will be asked to approve higher density single family
developments which may not be in conformance with the Future Land Use Plan.
Prosper is beginning to see an interest in age-restricted housing, which is currently not offered
in the Town. This housing comes in the form of,
1. independent senior living facilities which may be situated on detached single family lots or
apartment-style developments,
2. assisted living/memory care facilities and
3. skilled nursing facilities.
While the Zoning Ordinance permits independent senior living facilities, “retirement housing,” by
right in the Multifamily District, “retirement housing” appears to be a somewhat antiquated term
due to the variety of senior housing options that currently are available, such as assisted living
Item 12
Page 3 of 3
facilities, senior congregate care facilities, memory care facilities, and traditional nursing homes,
for example. As a consequence, in the above-noted “Update Zoning Ordinance Use Chart,”
staff will provide a process for consideration of multi-family, age-restricted housing through the
SUP process.
Non-Residential Development:
The Town’s demographics and the increased traffic volume on the highways and major
thoroughfares have created a demand for retail and service oriented developments. The Town
is witnessing the evolution from a predominantly bedroom suburb to a full service community
that offers services to its citizens. The sales tax leakage will continue to decrease as the
commercial developments increase providing residents the ability to purchase goods in Prosper
instead of in McKinney, Frisco, or other neighboring cities.
With this new interest in commercial developments in the Town, there may be requests for non-
residential zoning in areas where the Plan recommends residential development. As with other
requests to amend the Plan, the test for the applicants will be to identify why the Plan’s
recommended residential development for a particular location is no longer appropriate.
Attachments:
1. 2014 Annual Review of the Comprehensive Plan
Planning & Zoning Commission Review:
This item was presented to the Planning & Zoning Commission at their October 20, 2015,
meeting.
Town Staff Recommendation:
Town staff recommends that the Town Council provide feedback on this review of the Plan,
findings, trends and proposed amendments.
Proposed Motion:
I move to accept the annual review of the Town’s Comprehensive Plan with respect to current
conditions and trends and request staff to initiate the formal process for amending the Plan.
Item 12
Town of Prosper Comprehensive Plan
An Annual Review of the Plan with Respect to
Current Conditions and Trends
September 13, 2014
Prepared By:
Dallas Cothrum, Ph. D.
Karen Wunsch, AICP
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Executive Summary
The Prosper Comprehensive Plan serves as the Town’s guide for development-
related policy decisions. Although the planning process and various components
of the Plan are not uncommon, several characteristics unique to the Town of
Prosper are highlighted throughout the Plan. The most significant theme relates
to how Prosper can best prepare for what is anticipated to be a period of rapid
population growth and corresponding land development, so that the fully
developed Prosper of the future retains many of the characteristics that the
community values today.
As with any comprehensive plan, the Prosper Comprehensive Plan is intended to
be a dynamic, flexible, and adaptable guide. The Plan suggests that an annual
review of the document be conducted to ensure that it stays relevant during this
period of rapid development activity. This supplement to the Plan summarizes
the findings of the document within the context of current market conditions and
evolving trends.
As an active participant in the development industry, Masterplan often
spearheads land use negotiations with municipalities and other governmental
entities on behalf of developers. This perspective provides consideration of the
goals and objectives of the Plan from a developer’s point of view, and it offers
regional examples of potential opportunities and threats that Prosper may
encounter as it strives toward plan implementation.
The community vision focuses on Prosper maintaining a rural character, despite
experiencing rapid population growth. One interpretation is that residential areas
will have a small town feel that speaks to the Town’s rural roots through large lots
and openness, while the primary transportation corridors will be denser and
result in a much different development pattern than exists in the Town today. The
visioning process also recognized the importance of having a variety of land
uses, which diversifies the tax base and prevents the Town from relying too
heavily on single-family residential property owners for revenue.
After exploring the seven sections of the Plan and identifying opportunities and
threats given current market trends, recommendations were formulated to help
guide development towards the community’s desired vision. These
recommendations focus primarily on concentrating retail and mixed-use
development projects along the Dallas North Tollway and US 380 corridors,
protecting the quality of large lot single-family residential land uses, and
implementing policies of collaboration and data collection that will facilitate future
planning initiatives and the Town’s responsiveness to community needs.
Specifically, the recommendations include:
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• Revise the current Zoning Map to be consistent with the Future Land Use
Plan. A significant component to this exercise is to evaluate the
appropriateness of Planned Development Districts, particularly zoning
districts more than five years old that have not developed. The Town
should feel empowered to initiate zoning conversations with developers
when the existing development plan is no longer appropriate.
• Facilitate desired development patterns within the Dallas North Tollway
and US 380 corridors by ensuring that zoning regulations encourage
desired development projects and prohibit undesirable projects. A healthy
Town economy requires a variety of land uses that contribute to the tax
base. The corridor areas are appropriate areas to concentrate mixed-use
projects and land uses other than large lot residential subdivisions. In
addition, the Town should give careful consideration before rezoning
additional sites for neighborhood service retail beyond what is already
proposed on the Future Land Use Plan. Perpetuating a surplus of retail
uses may result in lower end finish-outs and less desirable retail tenants.
• Ensure that current zoning regulations and Town policies allow for mixed-
use development opportunities without over-saturating the market. In
particular, evaluate mixed-use development standards. Many mixed-use
projects have failed, and often multistory mixed-use projects are not
successful - even in desirable locations. Some scrutiny must be given to
ensure successful mixed-use projects, not just a mixture of uses. Within
the region, there exist numerous resources that should be consulted in
order to identify best practices and lessons learned that will allow Prosper
to achieve high-quality, successful projects.
• Establish a community benchmark questionnaire that helps planners and
Town administrators understand how residents and their opinions change
over time. The data collected will be beneficial to future planning studies,
and it will assist the Town in responding to and anticipating the changing
needs of the community.
Perhaps most importantly, the Town should actively foster ongoing relationships
with community partners such as the Prosper Independent School District and
the Economic Development Corporation. Collaborative planning efforts will
strengthen each of the three entities and therefore the ability of Prosper to
prepare for growth and attract the high quality development projects envisioned
in the Comprehensive Plan.
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Introduction
The Town of Prosper contracted with Masterplan, a land use-consulting firm, to
review the Town’s Comprehensive Plan. Masterplan has extensive experience
representing land development interests in the region and throughout the state.
This market-driven, private sector point of view provides a different perspective
for evaluating the Prosper Comprehensive Plan and developing
recommendations for implementing the Plan.
As with most comprehensive plans, the Town of Prosper’s Comprehensive Plan
is intended to serve as a flexible guide for growth and development. Plans must
be flexible enough to work within the market, yet strong enough to manage
competing interests. The plan must foster a spirit of community while allowing for
and guiding growth. Periodic reviews of the Plan provide another tool for plan
implementation, and Plan maintenance helps the document remain up-to-date
and relevant.
A central theme of Prosper’s Comprehensive Plan involves preparing for non-
residential growth that will diversify land use within the community as well as
strengthen the tax base. Retail uses represent a significant component of
anticipated new development. As emphasized in the Plan, retail development
should be strategically located, well designed, and of high quality. However, the
community must also recognize that the retail market is evolving along with
consumer shopping habits, and development trends experienced in neighboring
communities may not necessarily be applicable to Prosper’s development boom.
The retail industry has seen considerable changes over recent years. Although
the Dallas-Fort Worth market has climbed above 90 percent occupancy for retail
in anchor-type shopping centers for the first time since 2004. It does not appear
to be a trend. The region has 187,987,318 square feet of retail in shopping
centers over 25,000 square feet. The Metroplex has done much better than most
parts of the country. One important reason is the increase in density fueled by
significant multifamily development. Municipalities can no longer separate
residential planning from commercial.
Prosper must evaluate how much successful retail it can construct and have
citizens patronize. A number of troubling trends are changing commercial
property. Shopping and eating habits are rapidly changing. In 2010, there were
33 billion retail visits to stores during the holiday season. This number has
dropped to 17.6 billion visits during the same November to December time period
in 2013. As a result, retailers are building far fewer shopping centers. In 2010,
there were 310 million square feet of new retail space opened nationally; in 2013
the number declined to 43.8 million square feet. To compound the problem,
stores of popular retailers have closed. The Gap, JC Penney, Sears, Macy’s, and
Best Buy have all closed numerous stores. Previously, these were institutional
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lions capable of anchoring shopping centers, and they consistently focused on
expansion.
During the previous decade, developers shifted shopping trends from malls to
power centers. Now, consumers are driving the market and they have decided
that the Internet is ascendant. This is no longer a trend but a reality. Online sales
once again doubled during the 2013 holiday season. Retailers had half the traffic
that they did just three years ago. This change in shopping habit is impacting
other commercial property sectors.
Municipalities also need to watch emerging changes in restaurants. Casual
dining concepts struggled prior to the recession and continue to post marginal
numbers. One recent study contends that the concepts are too familiar and not
dissimilar from one another. Sales in casual dining have remained stagnant and
are now below inflation levels. These concepts now feature value dining menus
that have reduced average customer tickets to $12.42. Unfortunately, value
menu options, however, are essential to generate store traffic. The rise in fast-
casual concepts also continues to eat into the sit down dining sector. Importantly,
the fast-casual concept typically takes far less space. Interestingly, the per
person average at Chipotle compares quite favorably at $11.30.
City planners must actively understand the market and adapt to emerging trends.
Likewise, a community must interact with staff from various departments to
ensure a range of development. This review attempts to make use of real world,
real estate based priorities and understand them within a planning framework.
Masterplan typically represents developers and works as an agent of change at
the “tip of the spear.” This knowledge and interaction with developers and their
tenants provides perspective often not embraced in comprehensive planning
exercises.
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Review
The Prosper Comprehensive Plan establishes a vision for the community’s future
and serves as a guide that will help direct development and policy decisions
toward achieving a desirable future. The Plan is organized into seven sections
which include: Planning Context, Community Vision, Community Character,
Transportation Plan, Economic Analysis, Infrastructure Assessment, and
Implementation Plan.
A brief synopsis of each Plan section is provided for reference as well as
observations that have been categorized as either “Opportunities” or “Threats.”
These observations are intended to focus attention on key topics and facilitate
additional discussion of potential vulnerabilities or omissions of the Plan.
Exploring these topics in greater detail highlights areas of the development code
that need improvement and provides a foundation for establishing a plan
implementation strategy that includes recommendations for next steps.
In general, the “Opportunities” listed are concepts presented in the Plan that
seem particularly important or relevant to successful plan implementation and
achieving the vision created during the planning process. In some cases, the
opportunities are points that speak to the Town’s character currently or as it
hopes to be in the future. Consideration of Prosper’s opportunities for a vibrant
future is also provided within the context of the larger region in which it is located.
The proximity of Prosper to surrounding communities with similar experiences
provides confidence in recognizing trends and preparing for the future.
“Threats” refer to topics that are perhaps vague or not easily understood by
someone who did not participate in the original planning process. Threats in this
context also represent external factors and local conditions that, if not addressed,
could result in undesirable development patterns or an overall community
character that is different from what is envisioned. Emerging national trends
create concern for the ability of the Town to adapt to new and changing
philosophies that may limit the potential for successful development projects. The
digital age continues to influence American lifestyles and impact the way people
live, work, and play. Ultimately, these changes affect the landscape of the built
environment by altering needs related to housing, retail, office, and recreational
uses.
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Planning Context - This chapter provides a discussion of the justification for
planning from both a legal and practical standpoint. The section includes a
thorough examination of the existing local and regional conditions that will
influence Prosper’s future. The most significant characteristic of the existing
community is that the Town is experiencing rapid growth that will likely continue
for the next ten to twenty years. This provides exciting opportunities that may
galvanize a community and create a unique sense of place, but only if the
“threats” to this vision are recognized and mitigated.
The City of Plano provides an outstanding example for communities to both
replicate and avoid. The city stands as a national example regarding rapid
growth. In 1960, Plano remained a rural community that had not seen any
substantive benefit from World War II post-war boom. Community leaders,
however, recognized the city was poised to grow. By 1970, the city had a
population of 17,872. The city planned a number of public works projects,
acquired right-of-way, and, perhaps most importantly, did significant planning to
prepare for the 1980s. The city also built a number of excellent city facilities and
planned locations for others. The decision to locate the city hall in downtown has
proven effective, especially with the advent of mass transit. By 1980, the city had
a population of 72,000 and a national reputation for keeping up with the growth
and having a quality community. The city reported population growth to 128,713
in 1990 and 222,030 to close out the century.
Plano sustained high-quality growth over a long period because of several
factors. First, the city had strong leadership and longtime community members
that helped identify and maintain a distinct character. Second, the city instituted
rigid financial controls that remain in place. Of Texas’ largest cities, Plano has the
lowest per capita debt at $1,371. Third, the city attracted a number of corporate
headquarters. Likewise, high-paying and well-educated employees followed
these businesses to Plano. In part, they stayed in the community because of the
quality of schools. Today the community has a median income of $82,901.
Plano thoughtfully made sound planning decisions. The city elected to participate
in Dallas Area Rapid Transit. Today the downtown area has an urban feel that is
bolstered by mass transit and a variety of housing stock that provides density.
The city has also had strong commitment in planning from staff that has
remained in place for many years as well as committed elected and appointed
officials.
The city also provides a valuable perspective of what to avoid. Plano suffers from
bimodal distribution in terms of an East and West split. The newest retail and
most expensive homes are in the west along the Dallas North Tollway corridor. In
contrast, the east, situated along North Central Expressway, suffers from vacant
retail and lower home values. The city has too much retail and faces expanded
competition for spending dollars on every side. Its earlier dominance of retail has
4
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been tempered in the last decades. In fact, the city now has instituted a retail
pruning initiative.
Opportunities
The Prosper planning area contains a significant amount of vacant land.
An estimated eighty percent of the Town’s twenty-seven square miles is
undeveloped. With such a large proportion of Prosper’s land projected to
develop in a short amount of time, there is an opportunity for the creation
of a cohesive community comprised of land uses and design styles that
complement each other. In Prosper, issues such as promoting infill
development or encouraging redevelopment of sites are less important
than in other communities. This allows for planning efforts and
infrastructure improvements to focus on encouraging quality new
development.
Prosper’s projected growth trend resembles the development explosion
witnessed in surrounding communities over recent decades. The
experiences of municipalities such as Frisco, Allen, and Plano provide a
resource to Town administrators, elected officials, and citizens of lessons
learned and examples of policies to emulate as well as things to avoid.
Exploring the experiences of other rapidly growing communities may help
Prosper officials with effective decision-making as it prepares for an
extended period of rapid growth.
Although each resident has his or her own reason for living in Prosper, it
appears that currently the biggest draw for people settling in the
community is the opportunity for a large home on a large lot. As Prosper
grows, the reasons for moving to Prosper will likely evolve. Eventually, the
proximity of housing to jobs and retail may motivate people to reside in
Prosper, but it seems clear that the Plan is intended to preserve the
identification of Prosper as a community of large homes and large, rural
lots.
Prosper has many positive attributes working in its favor. Key among
those, as with any discussion of real estate, is location. Prosper’s location
positions the Town as the next frontier of the expanding Dallas-Fort Worth
region. The center of the Metroplex (previously downtown Dallas) has
shifted to LBJ and the Dallas North Tollway. This trend will continue with
Highway 121 and the Dallas North Tollway becoming the regional hub in
the future. The concentration of the largest retail project of the decade in
Nebraska Furniture Mart as well as the relocation of Toyota illustrate that
this shift is in progress. Not only does this position the Town for growth,
but the location also provides the Town with numerous planning resources
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not only in the form of regional planning studies and statistical data, but
also in the form of experience by other planning professionals in
accommodating the needs of a rapidly growing community.
Threats
The largest threat to achieving the community’s vision is missing
opportunities for quality development as described in the Plan and
anticipated by residents. In fact, residents will expect the timely addition of
development that aligns with their tastes and interests. Failure to provide
these can result in citizen dissatisfaction. Missed opportunities could come
in the form of development projects that fall short of the community’s
expectations, if the types of development that the Town is planning do not
occur at the scale, quality, or rate that is predicted, or when projects locate
just outside the Town limits. The desire for a full service, upper end
grocery store currently is a good example.
Rapid development can easily lead to reactionary planning and
administrative processes. The responsibility of juggling heavy caseloads
and high volumes of permitting, zoning and subdivision applications could
interfere with initiating corrective zoning measures until, of course, a
development application is filed for a use that is undesirable at a particular
location. Incorporating a specific plan implementation strategy into
departmental work programs will assist staff in effectively guiding future
development while managing current development review cycles. Town
staff and elected and appointed officials must not practice exclusionary
planning by only responding to development requests on a case by case
basis without regard to big picture thinking. Similarly, a community can
become paralyzed by only knowing what it does not want.
Like the Town of Prosper, the Prosper Independent School District faces
challenges associated with accommodating rapid growth. If the school
district is not able to provide an adequate supply of quality schools and
teachers, residents and high quality land uses most likely will not be
attracted to the community. It is vital that there is an open and continuous
dialogue with the school district regarding land use assumptions and
population projections in order to adequately predict student population
growth. As witnessed in many communities and especially lately in Frisco,
locating new schools and changing attendance zones can create
community stresses that can spill into municipal activities, too.
The high density residential components of proposed mixed-use projects,
for instance, require additional study to better understand how such land
uses will factor into future student population projections. Typically, mixed-
use projects attract households with fewer school aged children, but that
assumption may be offset by Prosper’s exurban location. A collaborative
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relationship with the school district is key to understanding how the
proposed growth scenario and Future Land Use Plan will impact the
student population and facility needs for the school district.
Consideration of the tenure of citizens who participated in the planning
process is necessary. The assumption is that the most of the active
community leaders are newcomers that moved to Prosper within the last
ten years or so. Sometimes residents of changing communities are
excited and eager for new development to occur. Other times, residents
seem more apprehensive about change. It is also interesting to consider
that the opinions of long-time residents may differ from those of newer
community members. It might prove useful to track the changing opinions
of residents over time. A community survey provides a method for
establishing benchmarks that describe current opinions and identifying
potential changes in attitude about development and land use. Monitoring
changing attitudes about important issues will allow for those topics to be
more easily accommodated by future planning processes.
Although Prosper welcomes many new residents each year, long-term
residents of the community may serve as an important community
resource. Given Prosper’s rural farming roots, families with generational
ties to the community would be expected to have large land holdings with
significant acres of contiguous land for development. Perhaps a historic
Prosper family could be motivated to participate actively in planning and
development issues with the intent of creating a legacy project within the
Town. A consideration of the eagerness on the part of homeowners as
well as specific segments of the community for new development projects
may assist the Town in prioritizing implementation strategies.
Another area of concern relates to the large number of Planned
Development (PD) Districts that were enacted several years ago but never
developed. It is possible that some of the older PD Districts reflect
development proposals that are out-of-date, no longer appropriate, or not
feasible given current market conditions. In addition, these outdated PD
Districts complicate population and land use projections. If the proposed
densities are no longer realistic, the assumptions used for planning Town
services and the ultimate land use mix is skewed, and the results are less
accurate. If the development proposals outlined within the adopted PD
Districts are no longer desirable, implementation of the community vision
is certainly more challenging. Although a difficult task, renegotiating these
agreements must be explored.
The first step would be a general assessment of the risks and rewards
associated with individual agreements. Obviously, the legal implications of
renegotiating previously approved zoning conditions would need to be
considered as well as the impact that this initiative would have on Town’s
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reputation and perception by the real estate community. If the decision to
re-evaluate existing PD Districts is made, a process approach could be
based on the age of the PD District, the location, the density, or some
other criteria that would allow for a prioritization of the sites rather than
tackling all of the PD Districts at one time. Discussions to determine the
appropriate strategy should involve representatives from the Town’s
administrative team, planning department, and Town council.
Community Vision - The visioning process utilized an appointed advisory
committee of residents and business owners, some with past or present Council
experience. The public participation process resulted in the generation of six
community goals. The common theme of these goals is a dichotomy of preparing
for high-quality growth while maintaining a rural, small-town image.
Opportunities
Establishing a community’s vision for the future is a difficult task. It is easy
for people to describe what they do not like, but imagining development
types that are attractive, functional, and feasible is a much harder
exercise.
Perhaps even more valuable than the adoption of a comprehensive plan is
the process of planning itself. As a community, working through the steps
necessary to produce a comprehensive plan establishes communication
channels between residents and businesses, and the elected officials and
staff who work to serve the needs of the community. Participating in a
planning process focuses attention on the concerns of the community, and
establishes a common ground for understanding existing conditions and
the direction in which the community is headed. Maintaining this ethos
after adoption is challenging and rarely occurs.
In addition to the residents and business owners that participated in the
planning process, the Plan mentions attendance by representatives of the
development community at Comprehensive Plan Advisory Committee
meetings. If representatives were active participants in the planning
process and not merely observers attending on behalf of real estate
interests, those people may be key to opening a dialogue with specific
developers interested in participating in future plan implementation
projects. The Prosper Developers Council is an appropriate avenue for
pursuing this dialogue.
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As with any plan, development proposals that are inconsistent with the
Comprehensive Plan and Future Land Use Plan will be encountered. The
Plan should guide the decision-making process, but as a guide it is not
inflexible. The Plan suggests several questions to consider when
evaluating a development that does not reflect the Future Land Use Plan.
In such instances, the additional evaluation may result in a higher and
better use than originally envisioned for that specific location. Market
conditions and real estate opportunities will lead to adjustments to the
Plan. It is appropriate for a comprehensive plan to be flexible when well
justified and based on reasons that are supported by the planning process
including a good understanding of new opportunities, existing conditions,
market shifts, and the intent of the community.
Threats
Using photographs to facilitate discussion during a visioning process is a
common exercise, but there is concern with the results of the Visual
Character Survey. Focusing too much attention on pictures of what has
worked well in other communities may not be an appropriate method for
determining the most appropriate use for Prosper. It also fails to fully take
into account changes in the market, especially with respect to retail. It
could be perceived as an exercise in identifying what is popular at the
moment and not what is best or even realistic. It is important for the
community to evolve into something genuine that establishes the Town’s
market niche rather than copy another community’s success story.
Otherwise, the Town becomes “Disney-like” and never creates its own
identity. Even worse, the community loses the character that makes it
special to residents and visitors and becomes “just another bedroom
suburb.”
Another issue with the Community Vision is that it is unclear how the
participants envision maintaining a small town feel as the community
braces for continued rapid growth and proposed large scale retail and
mixed-use development projects. For example, not enough parking
downtown is often a characteristic of small towns, but it is unlikely that is
the kind of small town feel that Plan participants envision or that national
retailers would accept. Future revisions to the Plan should clarify the intent
of statements describing a small town feel to avoid sounding like the
community is against development.
Protecting the quality and integrity of Prosper’s neighborhoods is
interpreted to mean that single-family residential uses should be protected
from impact by non-residential land uses. Zoning is a tool for separating
incompatible land uses and mitigating potential conflicts between uses,
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but zoning is only effective if it avoids land use conflicts before the conflict
is created. With approximately eighty percent of the Town’s land
undeveloped, new development cannot avoid changing the Town’s
landscape, which in some cases will impact existing neighborhoods. The
open fields and ranches that exist today will eventually develop. In fact,
the future prosperity of the Town depends on it. If the proposed future
development does not occur, the Town will have an insufficient tax base,
resulting in lesser Town services and ultimately reduced home values and
an exodus of well-paid and well-educated professionals. The economic
strength of the Town is dependent on a tax base of both residential and
non-residential uses. Citizens must recognize that undeveloped tracts will
eventually undergo development, and Town leaders have the difficult task
of tempering citizen comments with the need for a balanced tax base.
Ultimately, achieving the community’s vision of high quality development
depends on having the tools (zoning and development standards) that
prohibit undesirable uses or uses at the wrong location. Proper zoning
encourages desirable development patterns by controlling uses and
providing confidence in the compatibility of future development. The
Town’s experienced staff and a well trained, long-tenured, largely
apolitical Planning and Zoning Commission provide components to
resolving zoning and land use issues and preparing for future
development opportunities. Cultivating institutional knowledge of these
issues is critical.
Community Character - This section provides definitions, descriptions, analysis,
and images of land use recommendations proposed on the Future Land Use
Plan. The residential density ranges within the Prosper Comprehensive Plan are
much less dense than densities traditionally described in other communities. This
is reflective of Prosper’s character, and the Town’s desire to preserve that
characteristic. It may, however, result in higher per capita costs for basic
municipal services, including water, sanitary sewer, storm sewer, and garbage
collection.
However, for a community with a strong low density rural vision the Plan
recommends a significant amount of multifamily within mixed-use developments.
These areas are not located near employment centers, an urban core, transit or
other uses that traditionally encourage multifamily and mixed-use projects.
Typically, mixed-use projects offer a solution for bringing together residents and
businesses within a compact environment that is influenced by high land prices
or limited land availability. Presently, these market forces do not exist in Prosper.
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Opportunities
The character of Prosper’s large lot, single-family residential subdivisions
is well established, but there is an opportunity to promote housing options
that meet the needs of residents with different housing preferences. This
can complement and enhance large lot subdivisions, not marginalize
them. The community should recognize that not everyone wants or needs
a large home on a large lot. For example, grandparents of Prosper
residents, young adults returning from college, service professionals such
as teachers, police officers, and fire fighters all contribute to a healthy
community, but the size and maintenance requirements of a large home
and a large lot may not be desirable. Similarly, the housing needs of
people change over time. Ideally, there would be alternatives within the
community that would be attractive to current residents as they age or as
their needs change.
The proposed Town Center District that includes public space, existing
structures, and future large-scale mixed-use development seems an ideal
solution for bringing together the community’s desire for social spaces in
which to interact and enjoy a small town atmosphere. This area is located
within Tax Increment Reinvestment Zone (TIRZ) Number 1, which
provides additional funding alternatives for public infrastructure
improvements and community enhancements.
Threats
The biggest obstacles to achieving a community characterized by high
quality development is being unrealistic about what is feasible or
perceiving a development proposal as being high quality when it is not.
The Plan’s emphasis on mixed-use and loft-style apartments seems
unrealistic until additional single-family styles of housing are developed
that provide additional rooftops and heighten the demand on undeveloped
tracts.
Although ironic given the desire for large lots, vertical mixed-use is
indicated as being preferred over horizontal mixed-use by Prosper
residents. Sometimes communities realize too late in the development
process that existing codes are not conducive to mixed-use projects. It is
important to confirm that the Town’s Building Code and Fire Code will
accommodate residential and non-residential uses within the same
building.
Zoning and development regulations should be in place that will
encourage development projects proposed for corridor districts, not just
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prohibit unwanted development. The mid-rise office buildings and mixed-
use loft-style apartments with parking garages described in the Plan may
not be a developer’s first choice with such an abundance of land available
for development. Although structured parking offers many benefits over
surface parking lots such as better walkability, reduced heat island effect,
and lower stormwater run-off, market prices may not allow for a
development to recoup the cost of structured parking, which is generally
about four times the cost of surface parking. Development incentives or
other tools for discouraging more traditional suburban products that are
less expensive to develop may be needed. Examples of ways to
incentivize structured parking within mixed-use developments include
offering a density bonus that allows a developer to provide additional
square footage, building height, or residential units to offset the cost of
structured parking, or allowing for a reduction in the number of required
off-street parking spaces when a portion of on-street parking is available
within a mixed-use scenario.
The Plan proposes livability guidelines that include a recommendation to
provide for a range of housing types in Prosper. Except for the overview of
housing types provided within this section, most of the emphasis is placed
on large lot homes and mixed-use loft-style apartments within special
corridor districts. More emphasis on accommodating other types of single-
family residential housing styles such as patio homes and zero lot line
homes will help realize the “livability” objectives outlined in the Plan. The
US 380 and Town Center Districts support these uses, and when located
within appropriate areas these residential options allow efficient use of the
land, without sacrificing quality.
A disproportionate amount of large lot subdivisions results in a uniformity
of land uses, and it allows fewer housing options for entry-level buyers,
young couples, empty-nesters, or older residents. If the assumption is that
most residents within subdivisions comprised of lots over 10,000 square
feet are members of households with school-age children, then the result
is a community without much range in age among property owners. As
these households become empty-nesters themselves, this could have a
significant financial impact as many residents age out of their homes or
the school district at about the same time, which may negatively impact
property maintenance, tax revenues, and school bond referendums.
Furthermore, large lot subdivisions can contribute to poor connectivity
issues, if the design isolates areas from other neighborhoods, schools,
parks, and services, and it requires residents to rely on the use of
automobiles. Youth and elderly populations in particular benefit from safe
and effective non-auto related transportation alternatives. A reliance on
the automobile creates an auto-centric community that needs large
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parking areas and encourages auto-oriented land uses such as fast food
restaurants.
The proposed 5,000 units of high density residential use will complement
the lower density residential developments, while mitigating some of the
negative impacts commonly associated with sprawl. As development
occurs, it is appropriate for the Town to re-evaluate the target proportion of
residential densities, and if necessary adjust the proposed Future Land
Use Plan to encourage a healthy local economy.
In addition to residential character, there exist vulnerabilities to the
character of nonresidential development. The community wants to
discourage cookie-cutter strip development patterns. Therefore, it must
regulate proper design and building orientation. Further, future Town
facilities must be constructed at high levels of execution. The Town must
set a standard of good development as future public projects are realized.
Land use is the product of both form and function. Building design and
orientation of shopping center developments throughout the Town should
give consideration to establishing a proper interface with residential
developments if the high quality retail development products proposed in
the Plan are to be realized. Emphasis should not be given to particular
tenants, which may change over time.
Transportation Plan - The basis for this Plan section is the 2010 Thoroughfare
Plan, which establishes a traditional grid network for the Town. Fundamental to
this approach is the identification of key corridors within the community. Specific
north-south and east-west roadways are identified by name.
Opportunities
In general, projections for the 2035 traffic volumes indicate that all
proposed 2035 roads within the Town are forecasted to operate at
acceptable levels of service with the exception of Preston Road and US
380. The anticipation of future issues with these roadways will encourage
the Town to make necessary improvements. Prosper is fortunate in that it
benefits from other planning initiatives including North Central Texas
Council of Governments (NCTCOG) regional studies and plans as well as
the Collin County Mobility Plan.
In addition to the street system, the Parks Plan proposes a trail system
that is recognized as important from both a mobility standpoint and a
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recreational standpoint. Parkland dedication requirements seem to be an
effective tool that allows for the Town to adequately prepare for extensions
to the trail system.
Threats
Consistency between local and regional transportation plans is important
in order to better compete for federal transportation funds. It is key for the
Town to have representation at regional planning initiatives to avoid
inconsistencies at the regional and local planning levels. Validation of local
projects by regional plans may help secure funding opportunities.
Limitations on federal transportation funds that impact state and regional
transportation budgets may affect the timing of improvements that are
necessary in order to maintain traffic flow at adequate levels of service
throughout Town. It is important to consider how the Town might be
impacted by national funding issues, and then seek solutions that reduce
reliance on outside government sources for infrastructure improvements.
Economic Analysis - Provides a financial justification for future land use
recommendations provided in the plan. The analysis calculates future retail
demand based on current household spending estimates and land use capacity
projections, although not all retail zoning will necessarily result in retail
development. Those estimates are then used to compare projected sales tax and
ad valorem tax revenues with estimated per capita expenditures.
Opportunities
The Plan provides for more than enough land to accommodate retail
demand. However, an overabundance of retail use should be avoided.
Nodal retail activity should be concentrated at primary intersections, and
the “four corner” principle should be avoided to reduce the possibility of an
oversupply of retail acreage. The challenge is determining and
encouraging appropriate development at the other corners of an
intersection. Recognize that Prosper’s traditional large-lot neighborhoods
may not be appropriate at these locations because of incompatible rear
yards and other site design issues. Other single-family residential styles or
institutional uses, however, may complement non-residential uses quite
well.
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The economic analysis discusses the Town’s ultimate sales tax potential
being dependent on the ability to attract high quality retail establishments
that provide a regional destination. It might be beneficial to identify where
regional shoppers will be drawn from since there is an abundance of retail
destinations located within communities to the south and east.
Determining the needs of future shoppers may help Prosper identify a
niche within the region.
Threats
Current zoning allows for approximately 2,900 acres of retail use.
However, the economic analysis recommends 346 acres of retail use at
build-out, while the Future Land Use Plan accommodates an estimated
757 acres of retail use. The assumptions used for these analyses should
be revisited often and adjusted accordingly, which will provide greater
confidence in the land use recommendations of the Plan. Placing too
much confidence in the ultimate “Tax Gap Surplus” estimates should be
avoided. Consequences of an oversupply of retail could include vacant,
underutilized land, lower rental rates leading to undesirable uses,
pressures for more multifamily residential uses, and blighted corridors.
Prosper, like other communities, must stay aware of the changing
landscape of retail in America. With increases in online shopping showing
no sign of reversing, it is reasonable to expect that there will be less of an
emphasis on traditional brick-and-mortar stores. Many large retailers are
not only reducing the number of new store openings, but some retailers
also plan to close large numbers of underperforming stores. As online
retailing continues to reduce the need to develop physical store locations,
more attention should be paid to encouraging development of other types
of non-residential uses.
The Plan fails to assess Frisco’s regional retail hub status. Prosper must
balance skepticism and optimism when it comes to retail development.
The previous cycles experienced by Plano, Allen, and Frisco may or may
not be applicable to Prosper. The commercial sector has witnessed a
paradigm shift in many regards. These must be accounted for and
constantly monitored. Town staff must work outside of a silo and be
interactive and cooperative with economic development to evaluate
shifting trends. The Town of Prosper should embrace that a paucity of
retail creates a better and more competitive environment. By creating a
market cascade, where citizens see a thriving and busy center, the Town
could prosper from less retail space, rather than more. Too much retail
dilutes the pool of attractive users.
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It is important to give careful consideration to promoting retail uses at the
right locations. Following the laws of supply and demand, an
overabundance of retail use should be avoided in order to keep the values
and quality of development high. This is particularly important as retail
continues to evolve in response to the growing online retail market.
However, the demand for perishable food goods and localized personal
services cannot be fully replaced by Internet shopping. Prosper residents
identified an upscale grocery store as one of their top priorities along
Preston Road, which will reduce the amount of sales tax dollars that Town
residents divert to other communities and instead allow that revenue to
serve the growing Town.
The Dallas-Fort Worth market has climbed above 90 percent occupancy
for retail in shopping centers with 25,000 square feet or more for the first
time since 2004. While this is a positive sign, it is not, however, a trend.
One reason shopping centers in the region are on the upswing is a
dramatic increase in multifamily. The Town needs to evaluate the role high
density residential use plays in shaping and assisting retail. Should the
Town not participate in this trend, it may find that retail will be harder to
attract. At the very least, Prosper must realize there are few anchor
tenants active in the market and municipalities face an unrivaled buyer’s
market. The recent feeding frenzy by cities to attract Nebraska Furniture
Mart illustrates this trend. The Colony finally landed the furniture
behemoth only after an unprecedented package of economic incentives.
Municipalities also need to watch emerging changes in restaurants.
Casual dining concepts struggled prior to the recession and continue to
post marginal numbers. Municipalities must take seriously the idea of
pushing consumers to key locations. This helps all retailers and allows for
combined trips.
The City of Plano, for instance, suffers from having too much retail. A
study they commissioned after the turn of the century focuses on
attracting new tenants to existing spaces that are unoccupied. Planning
departments must constantly update studies and stay timely. Moreover,
staff cannot stand by without regard to changing markets without the
market skipping the municipality for the neighboring jurisdictions.
The Town must also evaluate the effectiveness of other retail in the area,
especially that of Frisco. The proximity to Frisco and its many destination
locations may make large-scale retail less likely. As such, retail should be
located at key locations that are immune to outside retail interference.
Prosper should see that Frisco has done a sound job of attracting high
quality retail anchors, including ones, like IKEA, that is one of only three
stores in Texas and the only store of that brand located within the region.
Likewise, Frisco has a thriving mall, and the entertainment options are
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unrivaled in the state for a city its size. As such, Prosper must realize that
Frisco is a regional shopping hub that will cause competition for
commercial tracts. Although in a general sense, there seems to be a
strong indication that perhaps too much real estate is zoned for retail use,
the importance of directing retail of the right type to the best location
cannot be overstated.
Infrastructure Assessment - Refers to previous planning studies conducted by
Freese and Nichols, Inc. In 2006, an in-depth analysis of water and wastewater
needs was completed, and an update to the Water and Wastewater Capital
Improvement Plans were completed in conjunction with an Impact Fee Update in
2011. In 2010, the Town’s drainage system was assessed as part of the
Drainage Utility System Fee Development Report.
Opportunities
The most critical issues identified in the Plan have since been addressed
including the implementation of the new Upper Trinity Regional Water
District delivery point on the west side of Town, and the adoption of the
Upper Trinity Regional Water District agreement. These enhancements to
the water and wastewater system reduce maintenance and operating
costs, while preparing the Town to meet the demands of future growth.
By monitoring population growth, the future applicability of federal storm
water quality regulations (Phase II MS4) that would require additional
water quality protections for creeks and lakes should be anticipated and
planned for. The year that regulations will take effect can be estimated
based on population growth and TCEQ requirements. The Town should
develop a Comprehensive Drainage and Utility System Master Plan to
facilitate continued success in meeting the infrastructure needs for the
Town of Prosper. It may also be appropriate to include stormwater
protection measures in the Subdivision Ordinance, and implement a
stormwater quality management plan.
Threats
A potential issue identified in the Plan is that the North Texas Municipal
Water District (NTMWD) delivery point within the southeast portion of the
Town is the only existing treated water delivery point. There are no
emergency water connections with surrounding communities. This issue
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will be addressed in 2021 when the NTMWD North Water Treatment
Plant: 2nd High Service Pump Station is anticipated to be completed and
in service along with the necessary pipeline to provide Prosper with a
second point of delivery.
Typically, large lot residential neighborhoods create additional stresses on
a water supply. The Town may need to develop special programs for
accommodating the needs of these residential uses. Because Prosper’s
residential lot sizes are larger than traditional lots within other
communities, adjustments to water modeling and utility planning
methodologies may be required. Reliance on only large lot subdivisions
could have a negative impact as North Texas grapples with growing water
supply concerns.
Implementation Plan - Provides a list of objectives related to the six goals
identified in the Community Vision section of the Comprehensive Plan. The
objectives are intended to provide direction towards achieving the ultimate vision
for the Town.
Opportunities
This section recognizes the need to revise the zoning map and zoning
ordinance to be consistent with the land use recommendations of the
Comprehensive Plan. It also suggests that zoning text amendments may
also be in order.
Offering incentives to property owners in order to rezone vulnerable sites
may be a way of bringing property owners to the table to negotiate zoning
changes. Conversations with other developers might be helpful in
formulating such a strategy.
Threats
Although the objectives are intended as methods for Plan implementation,
the objectives are perceived as being incomplete. No target start dates or
completion dates are assigned to the objectives, and no project
champions are identified.
Many of the objectives require additional research and collaboration with
supporting entities such as the Economic Development Partnership and
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the Prosper Independent School District to develop a unified action plan
for implementation.
Overall, the Comprehensive Plan serves as a reasonable guide for basing
land use decisions. In general, the most significant areas of concern
include an abundance of zoning for land uses not compatible with the
Plan, a gap in single-family residential options, and potential inaccuracies
in the assumptions used to validate the land use recommendations due to
the effects of a shifting retail economy.
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Recommendations
The following is a discussion of recommendations for addressing the most
significant obstacles to achieving the goals and objectives of the Comprehensive
Plan. Many of the recommendations relate to rezoning, which is often a difficult
and contentious issue since property rights and property values are involved.
Fortunately, the Town’s Zoning Ordinance, as updated in May 2005 and with
minor amendments in November 2011, appears user-friendly and is easy to
understand. The zoning regulations are modern, relevant, and appropriate so the
recommendations provided relate more to the zoning district assigned to
properties, rather than the appropriateness of the regulations within districts.
Without proper zoning in place, the Town is vulnerable to incompatible
development patterns. A citywide zoning change evaluation is not necessarily
feasible or recommended. An update to the Zoning Map should be done by
breaking the task into smaller study areas that include Planned Development
negotiations and revisions, straight zoning changes, modifications to
development standards, and zoning text amendments.
Recommendation: Revise the current Zoning Map to be
consistent with the Future Land Use Plan.
The first step in this process is a thorough comparison of existing zoning and
proposed land uses to identify target areas in which discrepancies exist between
the two. Many of the discrepancies between the Zoning Map and Future Land
Use Plan are a function of the Agricultural (A) District zoning that is also used as
a holding district after an annexation and prior to establishing zoning for
development. Agricultural zoned properties are the lowest priority for a Town-
initiated zoning change because development options on these sites are limited.
However, opportunities may exist in which rezoning an Agricultural District could
provide an incentive for a property owner to rezone another site.
Identifying discrepancies between the zoning and proposed future land use
within Planned Development Districts will require additional effort. First, Districts
for which no development has occurred must be identified. If the Planned
Development District is older than five years, there may be an opportunity to
revise the conceptual development plan if the proposed development is no longer
valid. Consideration should be given to the validity of the conceptual plan by
evaluating the compatibility of the proposal with current conditions including the
recommendations of the Comprehensive Plan. Consulting with other staff
members, property owners, design engineers, and economic development
experts may assist in determining if a project is still active or if it has been
declared dead. If the project is not deemed dead but just delayed, evaluate the
probability of development occurring within the next year versus a later planning
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horizon. Soliciting input from experts in the real estate community could assist in
determining the timing of projects.
Section 24.5 of the Zoning Ordinance provides, “If no development has occurred
in the PD District within five (5) years from the date of adoption of the granting
ordinance, the Planning & Zoning Commission and Town Council may review the
original conceptual development plan to ensure its continued validity. If the Town
determines the concept is not valid, a new conceptual development plan shall be
approved prior to the Town issuing a building permit for any portion of the PD
District.” This provision justifies further study of existing zoning, which may
prompt pursuit of Town-initiated rezoning considerations.
If the PD no longer meets the land use objectives outlined in the Comprehensive
Plan, explore opportunities to modify the zoning. A Town policy for reevaluating
PD Districts older than five years may need to be formalized. The plan review
and building permit process may provide a method for stalling a project and
requiring revisions to a proposed development before it is constructed, but ideally
such measures would not be necessary.
From a developer’s perspective, stopping development at the permit phase is an
expensive and unexpected hurdle since pro forma, development plans, and
engineering drawings would be based on the requirements of a previously
adopted PD District. If a scenario occurred in which a developer resumed a
project that was on hold but had an approved PD District and spent considerable
dollars on engineering plans only to find out that the PD District expired, the
Town’s reputation within the development community could be harmed. A better
approach is to work with property owners and economic development partners to
implement a project that pleases the property owner and aligns with the
Comprehensive Plan.
The special districts identified in the Plan include the Old Town District, the
Tollway District and the US 380 District. Zoning regulations and development
standards that are tailored to the Old Town District have been adopted and
should continue to be applied as new development or redevelopment occurs.
This model could also be applied to the US 380 and Tollway Districts.
Recommendation: Facilitate desired development
patterns within the Town’s corridor districts by ensuring
that zoning regulations encourage desired development
and prohibit undesirable products.
Priority should be given to ensuring appropriate development along the US 380
corridor. This corridor is comprised of several PD Districts, some of which date
back to 2000. Areas not zoned PD District are for the most part zoned
Commercial or Agricultural District. Ensuring high-quality development along this
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corridor is important because it has high development potential, serves as a
gateway to the Town, and establishes the first impression of the community.
One approach that could be used to address the zoning and development issues
within the US 380 corridor is to develop a master plan that would allow for a
coordinated approach to transportation flow, infrastructure improvements, site
access, and urban design objectives. It would also provide an opportunity to
solidify the branding theme and gateway entry treatments for the Town.
A form-based code for all or part of this corridor is another alternative to explore.
Form-based codes provide greater flexibility with respect to use while placing a
greater emphasis on design. An advantage of this tool is that it provides
predictable products. The premise is to provide land use controls through
regulation of the physical form, rather than separation of uses. This approach
seems particularly appropriate for mixed-use applications. Form-based codes are
regulations. Therefore, more development control is provided than those offered
by design guidelines or recommendations from planning documents.
Typically, form-based codes address the relationship between building facades
and the public realm, the form and mass of buildings in relation to one another,
and the scale and types of streets and blocks. The regulations are usually
presented with written descriptions and diagrams that relate to a specific plan
and design character. Many examples of form-based codes exist, providing
plenty of resources for additional consideration if appropriate.
Planning activities and particularly rezoning initiatives within this corridor should
strive to be collaborative efforts. The Economic Development Corporation could
be a resource in the process as well as other experts in the real estate arena.
Opportunities for collaboration with property owners should be encouraged.
Although a time-consuming and delicate process, consulting with property
owners about their development objectives allows for better understanding and
perhaps recognition of common ground so that opportunities for mutual benefit
can be explored. These meetings are not intended for a public forum. Meetings
will be more effective if conducted privately between individual property owners,
members of their development team and representatives from the Town. Part of
the strategy includes identifying incentives that would drive desirable density and
development activities to the corridor districts.
Sometimes traditional zoning ordinances and building codes result in unintended
consequences or create challenges as mixed-use projects strive to meet
development regulations. Encouraging mixed-use may require additional Town
focus and new initiatives. These efforts may result in a new category within the
Zoning Ordinance, a policy paper to guide developers, and/or a tool for
evaluating mixed-use districts.
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Recommendation: Conduct a mixed-use development
study to ensure that current zoning regulations and
Town policies allow for mixed-use development
opportunities without over-saturating the market.
Preparing for the eventual consideration of mixed-use projects now will help
reviewers ensure that Fire Department policies and design requirements are
accommodated and Building Code issues are properly understood, while
maintaining reasonable review cycles. Researching vertical and horizontal
mixed-use regulations from other municipalities may provide an overview of
typical requirements. In addition, consulting with planning staff from other
communities and developers of mixed-use projects provides insight into lessons
learned from their experiences, and that knowledge can be incorporated into the
Town’s policies.
Because mixed-use projects will likely merit specially tailored zoning in the form
of a planned development district, amendments to the permitted use chart are
not necessary. However, adding a definition for “mixed-use,” “loft-style
apartment,” and other uses proposed in the Plan but not specifically addressed in
the Zoning Ordinance may be helpful as the Town prepares for development of
these land uses.
Recommendation: Establish a community benchmark
questionnaire that helps planners understand how
residents and their opinions change over time.
With record setting permit activity for single-family homes showing no signs of
slowing, Prosper will continue to welcome many newcomers. For planning
purposes, it would be useful to understand better household size, where
residents work, what type of work they do, what direction they commute, what
goods and services come from outside the community, shopping habits, and
level of satisfaction with the Town.
Establishing a quality questionnaire and survey methodology will require time
and research. It is important that questions are relevant and worth tracking. The
creation of a community profile will assist future planning efforts, particularly as
the population increases and changes.
If retail trends that have led to declining store openings and the closing of
existing stores continue, the surveys will provide an opportunity to identify
alternative uses for land that was previously designated for retail use. The Town
should incorporate the timing of citizen surveys with reviews of the
Comprehensive Plan to identify potential small planning studies for further
improvement of the Town’s development climate.
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Item 12
Recommendation: Initiate a planning study of the
Downtown District, and develop a Town Center Master
Plan.
Exploring in greater detail opportunities for future development such as various
types of single-family residential housing styles, mixed-use, and the Town Center
District would be beneficial. A master plan or planning study that is specific to
downtown opportunities would provide a better understanding of the long-range
objectives for this area and help maximize the economic and cultural
opportunities associated with development in this area of Town.
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Item 12