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10.24.23 Town Council Regular Meeting PacketPage 1 of 4 ] Welcome to the Prosper Town Council Meeting. Citizens may watch the meeting live by using the following link: www.prospertx.gov/livemeetings Addressing the Town Council: Those wishing to address the Town Council must complete the Public Comment Request Form located on the Town's website or in the Council Chambers. If you are attending in person, please submit this form to the Town Secretary or the person recording the minutes for the Board/Commission prior to the meeting. When called upon, please come to the podium, and state your name and address for the record. If you are watching online, please submit this form to the Town Secretary prior to 4:00 p.m. on the day of the meeting in order for your comments to be read into the record. The Town assumes no responsibility for technical issues beyond our control. In compliance with the Texas Open Meetings Act, the Town Council/Board/Commission may not deliberate or vote on any matter that does not appear on the agenda. The Council/Board/Commission, however, may provide statements of fact regarding the topic, request the topic be included as part of a future meeting, and/or refer the topic to Town staff for further assistance. Citizens and other visitors attending Town Council meetings shall observe the same rules of propriety, decorum, and good conduct applicable to members of the Town Council. Any person making personal, impertinent, profane or slanderous remarks or who becomes boisterous while addressing the Town Council or while attending the meeting shall be removed from the room, if so directed by the Mayor or presiding officer, and the person shall be barred from further audience before the Town Council during that session. Disruption of a public meeting could constitute a violation of Section 42.05 of the Texas Penal Code. Call to Order/ Roll Call. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Announcements of recent and upcoming events. Presentations. 1. Presentation to members of the Visual Arts of Prosper declaring October 25, 2023 as International Artists Day. (RB) 2. Presentation regarding the 2023 Collin County Bond Election program. (DFB) 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. Agenda Prosper Town Council Meeting Prosper Town Hall, Council Chambers 250 W. First Street, Prosper, Texas Tuesday, October 24, 2023 6:15 PM Page 1 Page 2 of 4 3. Consider and act upon the minutes from the October 10, 2023, Town Council Work Session meeting. (MLS) 4. Consider and act upon the minutes from the October 10, 2023, Town Council Regular meeting. (MLS) 5. Consider acceptance of the September 2023 monthly financial report. (CL) 6. Consider and act upon a resolution accepting and approving the 2023 Tax Roll. (CL) 7. Consider and act upon approving the purchase of a new Emergency Warning Siren and upgrading the complete Siren System utilizing The Interlocal Purchasing System (TIPS); and authorizing the Town Manager to execute the same. (SB) 8. Consider and act upon approving the purchase of TASER 7 devices, licenses, and cartridges from Axon Enterprises, Inc. utilizing BuyBoard Contract #698-23; and authorizing the Town Manager to execute documents for the same. (DK) 9. Consider and act upon approving the purchase of miscellaneous water and wastewater materials from Ferguson Enterprises, LLC, utilizing BuyBoard contracts in the amount of $70,000; and authorizing the Town Manager to execute documents for the same. (FJ) 10. Consider and act upon approving the purchase of miscellaneous water and wastewater materials from Fortiline Waterworks, utilizing NCPA Contract Number 02-76; and authorizing the Town Manager to execute documents for the same. (FJ) 11. Consider and act upon renewing Bid No. 2019-53-A for one year to Wopac Construction, Inc., as the primary vendor, and HQS Construction, LLC, as the secondary vendor, at the unit prices bid, to establish an annual fixed-price contract for Miscellaneous Concrete Replacement Services; and authorizing the Town Manager to execute same. (FJ) 12. Consider and act upon authorizing the Town Manager to execute a Contract for Services between the Town of Prosper and V&A Landscaping to provide median maintenance on US Highway 380 from Custer Road to Legacy Drive. (DB) 13. Consider and act upon authorizing the Town Manager to execute a Managed Services Agreement between Conducive Consulting and the Town of Prosper, Texas, related to ongoing managed services of the Town's Security Information & Event Management (SIEM) environment through Texas Department of Information Resources (DIR) Contract DIR-TSO-4288. (LJ) 14. Consider and act upon an ordinance amending Chapter 13, “Utilities”, of the Code of Ordinances of the Town of Prosper, Texas, by amending Section 13.11.001, “Plan Adopted”, of Article 13.11, “FOG Outreach Plan.” (FJ) 15. Consider and act upon an ordinance amending Chapter 13, “Utilities,” of the Code of Ordinances of the Town of Prosper, Texas, by amending Article 13.10, “Backflow Prevention Plan.” (FJ) 16. Consider and act upon approving an annual fixed-price agreement for the purchase of Hydrogen Sulfide Odor Control Technology for the Town’s wastewater system, at the unit prices guaranteed, from Helix Laboratories, Inc., a sole source provider. (FJ) Page 2 Page 3 of 4 17. Consider and act upon approving the rebuild of Pump 4 and Pump 5 utilizing Legacy Contracting LP dba Control Specialist LP through the City of Plano cooperative best value Contract No.: 2021-0125-AC. (FJ) 18. Consider and act upon approving a shortlist of qualified firms to provide various engineering services to the Town of Prosper. (HW) 19. Consider and act upon authorizing the Town Manager to execute a Professional Engineering Services Agreement between Lee Engineering, LLC, and the Town of Prosper, Texas, related to the traffic signal warrant study on Gee Road at Acacia Parkway and the design of pedestrian hybrid beacons. (HW) 20. Consider and act upon authorizing the Town Manager to execute a Professional Engineering Services Agreement between Lee Engineering, LLC, and the Town of Prosper, Texas, related to the design and modification of a Traffic Signal at Dallas North Tollway and Frontier Parkway. (HW) 21. Consider and act upon whether to direct staff to submit a written notice of appeals on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any Site Plans including Preston 48 Addition and Teel Plaza 1. (DH) 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 Comment Request Form” and present it to the Town Secretary prior to the meeting. Please limit your comments to three minutes. If multiple individuals wish to speak on a topic, they may yield their three minutes to one individual appointed to speak on their behalf. All individuals yielding their time must be present at the meeting, and the appointed individual will be limited to a total of 15 minutes. REGULAR AGENDA: Pursuant to Section 551.007 of the Texas Government Code, individuals wishing to address the Council for items listed as public hearings will be recognized when the public hearing is opened. [If you wish to address the Council, please fill out a “Public Comment Request Form” and present it to the Town Secretary, preferably before the meeting begins.] Items for Individual Consideration: 22. Conduct a public hearing and consider and act upon a request for a Specific Use Permit (SUP) for a new Drive-Thru Restaurant, on 1.5± acres, located south of West Frontier Parkway and east of North Dallas Parkway. (ZONE-23-0013) (DH) 23. Conduct a public hearing and consider and act upon a request to rezone 0.3± acres from Single Family-15 (SF-15) to Downtown Single-Family (DTSF), for Hillside Addition, Block 2, Lot 4, located north of East Fifth Street and west of North Church Street. (ZONE- 23-0018) (DH) 24. Receive an update on the status of the Raymond Community Park project. (DB) 25. Discuss and consider Town Council Subcommittee reports. (DFB) Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. Page 3 Page 4 of 4 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: Section 551.087 – To discuss and consider economic development incentives and all matters incident and related thereto. 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. Section 551.074 – To discuss and consider personnel matters and all matters incident and related thereto. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. Adjourn. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall, located at 250 W. First Street, Prosper, Texas 75078, a place convenient and readily accessible to the general public at all times, and said Notice was posted by 5:00 p.m., on Friday, October 20, 2023, and remained so posted at least 72 hours before said meeting was convened. ________________________________ _________________________ Michelle Lewis Sirianni, Town Secretary Date Notice Removed Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult in closed session with its attorney and to receive legal advice regarding any item listed on this agenda. NOTICE Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with approval of a majority vote of the Town Council. NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are wheelchair accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569 -1011 at least 48 hours prior to the meeting time. Page 4 Page 5 Item 2. WHY? County is the third fastest growing in U.S. Population doubled since 2000 Projected to double again over next 30 years 112 new residents every day -40,000 in 2022 Page 6 Item 2. HISTORIC GROWTH Page 7 Item 2. HISTORIC GROWTH 2000 2020 Page 8 Item 2. FUTURE GROWTH Page 9 Item 2. PROPOSALS PROPOSITION A $261.86M PROPOSITION B $5.70M ROADS PROPOSITION E $380.00M JUSTICE PROPOSITION D $22.45M $683.37 million bond package that includes five propositions PARKS ANIMAL SHELTER PROPOSITION C $13.36M HEALTH Page 10 Item 2. PROPOSITION A JUSTICE FACILITIES Russell A. Steindam Courts Building and Parking now at capacity Needs: Courtroom expansion due to caseload growth Additional District Attorney and District Clerk offices Planned parking garage for additional staff, visitors and larger jury pools Page 11 Item 2. JUSTICE FACILITIES CONT. Adult Detention Infirmary over capacity Needs: Renovation of infirmary Expansion of medical and mental health bed capacity Page 12 Item 2. JUSTICE FACILITIES CONT. Juvenile Facilities nearing capacity Needs: Addition of planned Detention cluster Addition of space for Juvenile Probation in the Plano facility Proposition A Justice System Facility Additions $261,864,179 Page 13 Item 2. PROPOSITION B ANIMAL SHELTER Shelter consistently over capacity Number of adoptions much lower than before COVID Original facility built in 2006; no expansion since Page 14 Item 2. ANIMAL SHELTER, CONT. Needs: Shelter expansion including: Additional 60 kennels for adoptable dogs Additional 40 kennels for adoptable cats Additional rooms for adoption and fostering Page 15 Item 2. ANIMAL SHELTER, CONT. Shared Cost Facilities and operations financially shared by 18 cities and municipal utility districts Majority of costs reimbursed by other entities Proposition B Animal Shelter Improvements $5,700,000 Page 16 Item 2. PROPOSITION C PUBLIC HEALTH Medical Examiner’s Facility built in 1988 (700 Wilmeth Rd.) Over capacity Outdated for current needs No room in current location for expansion for today and future Page 17 Item 2. PUBLIC HEALTH, CONT. Need new building to increase autopsy, storage and administrative capacity Federal COVID funds not adequate for Medical Examiner’s Facility improvements; need bonds to supplement Proposition C Medical Examiner’s Facility $13,360,685 Page 18 Item 2. PROPOSITION D PARKS AND OPEN SPACE More Parks and Open Space to meet the needs for a growing County population Original buildings at Myers Park and Event Center need structural upgrades Page 19 Item 2. PARKS AND OPEN SPACE, CONT. Needs: Partnering with cities for development of parks and open space Reconstruction and renovation of aging facilities at Myers Park and Event Center Proposition D Parks & Open Space $22,450,000 Page 20 Item 2. PROPOSITION E ROADS Inadequate Countywide Road Capacity to sustain the local economy through the efficient movement of people and goods Deteriorating Road Conditions due to dramatic increase in development inside and outside of cities Page 21 Item 2. ROADWAYS, CONT. Needs: Capacity and structural improvements to county roads Development of new regional thoroughfares and freeways Partnerships with other transportation agencies for improvements to regional corridors Proposition E -Roads $380,000,000 Page 22 Item 2. 2023 Collin County Bond Program SUMMARY Prop A Justice Facilities $261,864,179 Prop B Animal Shelter $ 5,700,000 Prop C Medical Examiner $ 13,360,685 Prop D Parks & Open Space $ 22,450,000 Prop E Roads $ 380,000,000 Total $ 683,374,864Page 23 Item 2. 2023 Collin County Bond Program Tax Impact •NO TAX RATE INCREASE; actually 5.5% lower than previous year •2023 average home value 13.8% higher than 2022 •Max 10% per year increase in home assessed value with homestead exemption •Collin County taxes frozen for everyone age 65 and over and cannot increase Page 24 Item 2. Election Day November 7, 2023 Early Voting October 23 to November 3 Polling Locations and More Information www.collincountytx.gov Page 25 Item 2. For Questions Contact CC2023BondProgram@gmail.com Page 26 Item 2. 2023 Collin County Bond Election FAQ’s 1. Will my taxes increase because of the bond election?  THE TAX RATE IS GOING DOWN AND HAS DECREASED FOR THE LAST 5 YEARS. 2. Which roads will we be building with the bond election?  AFTER THE BOND ELECTION PASSES THE COUNTY WILL MAKE A CALL FOR PROJECTS TO THE CITIES WITHIN COLLIN COUNTY. THE SUBMITTED PROJECTS WILL BE REVIEWED AND ASSESSED BY THE COUNTY COMMISSIONERS COURT. THE COMMISSIONERS COURT WILL DETERMINE THE ROADS THAT ARE THE HIGHEST PRIORITY TO IMPROVE MOBILITY. 3. Why do my taxes keep increasing while you are stating the tax rate is decreasing?  BECAUSE YOUR APPRISAL IS INCREASING OR THE VALUE OF YOUR PROPERTY IS INCREASING 4. Does the county have a list of projects that make up the $380M for roads?  NO – SAME AS #2. 5. For the cities that participate in the partnership with the county on the animal shelter will the city costs increase?  YES THE CITIES AND COUNTY WILL HAVE TO PAY THEIR PROPORTIONAL AMOUNT BASED ON AN AGREEMENT BETWEEN ALL PARTIES. 6. What roads are left to build in Frisco that are in Collin County?  GET WITH THE CITY ENGINEER TO DETERMINE. 7. Will the partnership between the county and city for parks/open space be similar to roads?  THE CITIES WILL HAVE AN OPPORTUNITY TO SUBMIT A PROJECT OR PROJECTS EVERY YEAR AND THE COUNTY PARKS FOUNDATION BOARD WILL RECOMMEND TO THE COMMISSIONERS COURT WHICH PROJECTS SHOULD RECEIVE AWARDS. 8. What year was the county courthouse constructed? Don’t we have enough courtrooms? Why didn’t we build enough courtrooms when the courthouse was built?  IT OPENED IN 2007. YOU NEVER BUILD ANYTHING TO ACCOMMODATE FUTURE GROWTH THAT MAY OR MAY NOT COME. THE COURTHOUSE WAS PLANNED AND CONSTRUCTED FOR FUTURE EXPANSION. WE HAD ENOUGH COURTROOMS IN 2007 BUT THE POPULATION HAS INCREASED TREMENDOUSLY WITH THE PLAN BEING TO EXPAND WHEN NEEDED. THE COUNTY DOUBLED IN POPULATION FROM 2000 TO 2017, AND IT WILL DOUBLE AGAIN IN THE NEXT 30 YEARS. IT IS NOT WISE NOR CAN THE COUNTY AFFORD TO BUILD 2 TO 4 TIMES WHAT IS NEEDED AND LET ALL THE EXTRA COURTS SIT EMPTY WAITING MANY YEARS TO BE USED. 9. What is the County’s plan for transit?  TRANSIT SERVICE IN THE NORTH CENTRAL TEXAS REGION IS PROVIDED BY ONE OF THREE ‘AUTHORITIES’, NOT BY CITIES OR COUNTIES. THE COUNTY CAN PLAN AND MAKE RECOMMENDATIONS. THE CITIES IN COLLIN COUNTY ARE BEING BUILT WITH THE DENSITIES TO JUSTIFY FIXED-ROUTE BUS SERVICE, SO MICRO-TRANSIT, WHICH IS ‘ON-DEMAND’ INDIVIDUAL VEHICLE SERVICE (LIKE UBER/LYFT) IS THE MOST EFFECTIVE MANNER THAT THE ‘AUTHORITIES’ WILL BE ABLE TO PROVIDE TRANSIT. THE EXTENSION OF DART LINE IN PLANO AND THE USE OF THE BNSF RAILROAD IN FRISCO WILL HELP. PROSPER AND CELINA WILL TAKE ACTION BY THE ‘AUTHORITIES’ AND THE BNSF RAILROAD. Page 27 Item 2. 10. Will money be allocated for electric vehicle infrastructure?  MAYBE, BUT NOT IN THIS BOND PROGRAM, BUT IF A NEED ARISES IT WILL BE LOOKED AT. WE DO NOT HAVE ANY CURRENT PLANS. CURRENT PLANNERS HAVE BEEN ASKED TO TAKE INTO ACCOUNT THE FUTURE (TRANSIT, AUTONOMOUS/CONNECTED VEHICLES, ELECTRIC VEHICLE CHARGING STATIONS). COLLIN COUNTY HAS MORE ELECTRIC VEHICLES THAN ANY NORTH TEXAS COUNTY. 11. What mechanisms does the County have to preserve right-of-way?  LEGISLATORS MAKE IT MORE DIFFICULT BUT THE COUNTY HAS THE SAME POWERS AS THE CITY. CITIES AND COUNTIES USED TO HAVE THE ABILITY TO REQUIRE DEVELOPERS TO DEDICATE R-O-W FOR FUTURE THOROUGHFARES. HOWEVER, THE LAST SESSION OF THE LEGISLATURE TOOK AWAY THE AUTHORITY OF BOTH THE CITIES AND COUNTIES TO DO SO. CITIES AND COUNTIES ARE TRYING TO SEE WHAT OPTIONS MAY BE LEFT. Page 28 Item 2. Page 1 of 2 ] Call to Order/ Roll Call. The meeting was called to order at 5:00 p.m. Council Members Present: Mayor David F. Bristol Mayor Pro-Tem Craig Andres Deputy Mayor Pro-Tem Marcus E. Ray Councilmember Amy Bartley - Virtual Councilmember Chris Kern Councilmember Charles Cotten - Virtual Council Members Absent: Councilmember Jeff Hodges Staff Members Present: Mario Canizares, Town Manager Michelle Lewis Sirianni, Town Secretary Terry Welch, Town Attorney Bob Scott, Deputy Town Manager Chuck Ewings, Assistant Town Manager Hulon Webb, Director of Engineering Services David Hoover, Development Services Director Leigh Johnson, Director of IT Suzanne Porter, Planning Manager Items for Individual Consideration 1. Discussion regarding the Town’s fence screening requirements. (CE) Mr. Ewings commented on the recent challenges regarding the Town’s fence screening requirements, which are listed within the Subdivision and Building Regulations within the Town’s Code of Ordinances. Staff is proposing amendments to the screening regulations by adding reference to thoroughfare and collector roadways in the fence section of Building Regulations, that is does not prohibit “live screening,” and prohibits placing any material that does not maintain 50% through vision of an ornamental fence on the fence or in the building setback area. The Town Council discussed the 50% regulation, how staff would address enforcement, educating new subdivisions and residents regarding the requirements, grandfathered fences, fence permits, and expanding the definition within the ordinance to address older fence types. 2. Discuss proposed Zoning Ordinance amendments requested by Town Council (DH) Mr. Hoover began by noting the Planning and Zoning Commissions request for Joint Workshops before some meetings to discuss items of interest, upcoming MINUTES Prosper Town Council Work Session Prosper Town Hall – Council Chambers 250 W. First Street, Prosper, Texas Tuesday, October 10, 2023 Page 29 Item 3. Page 2 of 2 developments, and additional topics. Mayor Bristol noted he is in favor of Joint Workshops when it is regarding a major development and/or significant zoning case. In addition, he would encourage the Commission to attend Town Council meetings when these items are on their agenda. Mr. Hoover outlined upcoming amendments that staff will be bringing forward that have been requested by the Administration and Town Council. These amendments include additional and updated landscaping requirements, additional screening requirements for drive-thru’s and dumpsters, multi-family building construction standards, and signage. In addition, staff will be bringing forward overlay districts for the Dallas North Tollway District, Downtown District, and US 380. Staff is also seeking feedback on additional items of interest including short-term rentals and not allowing used car dealerships unless a new one is attached. The Town Council discussed the timeframe of completing the listed amendments, expectations, and efforts of staff regarding the overlay districts, as well as the value of doing them. Adjourn. The meeting was adjourned at 6:02 p.m. These minutes were approved on the 24th day of October 2023. APPROVED: David F. Bristol, Mayor ATTEST: Michelle Lewis Sirianni, Town Secretary Page 30 Item 3. Page 1 of 6 ] Call to Order/ Roll Call. The meeting was called to order at 6:15 p.m. Council Members Present: Mayor David F. Bristol Mayor Pro-Tem Craig Andres Deputy Mayor Pro-Tem Marcus E. Ray Councilmember Chris Kern Council Members Absent: Councilmember Amy Bartley Councilmember Jeff Hodges Councilmember Charles Cotten Staff Members Present: Mario Canizares, Town Manager Michelle Lewis Sirianni, Town Secretary Terry Welch, Town Attorney Bob Scott, Deputy Town Manager Chuck Ewings, Assistant Town Manager Mary Ann Moon, Economic Development Director David Hoover, Development Services Director Hulon Webb, Director of Engineering Suzanne Porter, Planning Manager Brady Cudd, Building Official Ryan Patterson, Assistant Finance Director Leigh Johnson, IT Director Todd Rice, Communications Manager Doug Kowalski, Police Chief Shaw Eft, Assistant Fire Chief Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Cole Travis with Prestonwood Baptist Church led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. An nouncements of recent and upcoming events. Councilmember Kern made the following announcements: Thank you to everyone who joined us for “Celebrate Prosper” in Frontier Park this past Saturday. A special thank you to the Parks and Recreation Department, our volunteers, and all those who were involved in making it a great event. Join fellow active adults 55+ to meet and greet Mayor Bristol at the annual Mayor’s luncheon on Wednesday, October 18 from 11 a.m. to 1 p.m. at the Church of Jesus Christ of Latter-Day Saints located at 970 N. Coit Road. Reserve your seat by contacting the Parks and Recreation Department at 972-569-1064. MINUTES Prosper Town Council Meeting Prosper Town Hall, Council Chambers 250 W. First Street, Prosper, Texas Tuesday, October 10, 2023 Page 31 Item 4. Page 2 of 6 The Prosper Community Library is going on the road for Halloween at Frontier Park on Friday, October 20 at 10:30 a.m. This family-friendly event for all ages will include stories and songs to celebrate the enchanting spirit of Halloween. Participants are encouraged to come dressed in their favorite costume. Visit prospertx.gov/fallprograms for more information. Join the Prosper Community Library on Thursday, October 26 from 6 to 7 p.m. for a heartwarming Trick or Treat event designed especially for children with special needs and their families to enjoy a fun Halloween experience. Visit prospertx.gov/fallprograms for more details. Join the Town for its annual Arbor Day Celebration on Saturday, November 4 at 9:00 a.m. at Windsong Park located at 950 Cooper Canyon Drive for a fun morning of planting and learning about trees. The annual Prosper Veterans Day 5K & Fun Run will be held on Saturday, November 11. The event is open to runners and walkers of all ages. Join us for a day of unity and support for our veterans. Register today by visiting prospertx.gov/veteransday5k. Presentations. 1. Recognize outgoing Board and Commission members. (MLS) Mayor Bristol recognized outgoing members by presenting a certificate and announcing those unable to attend. 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 at the request of Council Members or staff. 2. Consider and act upon the minutes from the September 26, 2023, Town Council Work Session meeting. (MLS) 3. Consider and act upon the minutes from the September 26, 2023, Town Council Regular meeting. (MLS) 4. Consider acceptance of the August 2023 monthly financial report. (RP) 5. Consider and act upon awarding RFP No. 2023-27-A to UBM Enterprises Inc. related to custodial services for Town facilities; and authorizing the Town Manager to execute a contract for services for the same. (CE) 6. Consider and act upon approving the purchase of pharmaceuticals and emergency medical supplies from Bound Tree Medical, LLC, at the unit prices bid through a City of Richardson contract. (SB) 7. Consider and act upon approving the purchase of uniforms and equipment from Galls, LLC through the City of Frisco cooperative best value bid (1905-082). (SB) 8. Consider and act upon approving the purchase of 13 Air-Pak X3 Pro SCBA’s from Municipal Emergency Services through the National Purchasing Partners (NPP) program. (SB) 9. Consider and act upon approving funding for expenses of scheduled and unscheduled maintenance and repairs by Siddons-Martin Emergency Group, LLC to fire department apparatus including fire engines and aerial trucks. (SB) Page 32 Item 4. Page 3 of 6 10. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Lee Engineering, LLC, and the Town of Prosper, Texas, related to providing on-call traffic engineering services. (HW) 11. Consider and act upon authorizing the Town Manager to execute a License, Maintenance, and Hold Harmless Agreement between 390 West Broadway LLC, and the Town of Prosper, Texas, related to the installation and maintenance of a patio within the right-of-way of McKinley Street for the Blackhawk Brewery development. (HW) 12. Consider and act upon authorizing the Town Manager to execute a Roadway Impact Fee Agreement between DNT Frontier, LP, and the Town of Prosper, Texas, related to the construction of the DNT Backer Road to serve the DNT Frontier Retail Center development. (HW) 13. Consider and act upon Ordinance 2023-66 amending Article 3.19 – Fence Regulations of the Town of Prosper Code of Ordinances prohibiting screening of open fencing in certain locations. (CE) 14. Consider and act upon authorizing the Town Manager to execute a Development Agreement between Orion RE Capital and the Town of Prosper relative to Pradera. (DH) Mayor Pro-Tem Andres made a motion to approve items 2 through 14. Deputy Mayor Pro-Tem Ray seconded that motion. Motion carried with a 4-0 vote. CITIZEN COMMENTS Gordon Jones, 305 Oak Trail Drive, stated his concerns of being able to peacefully protest within his First Amendment rights. Items for Individual Consideration: 15. Conduct a public hearing and consider and act upon Ordinance 2023-67 repealing Article 3.06, “Electrical Code”, of the Code of Ordinances of the Town of Prosper and replacing it with a new Article 3.06, “Electrical Code”. (DH) Mr. Cudd presented an overview of the new items within the Electrical Code noting the reason for the change being the Town’s ordinance will match the technical requirements mandated by the Texas Department of Licensing and Regulation. Mayor Bristol opened the public hearing. No comments were made. Mayor Bristol closed the public hearing. Deputy Mayor Pro-Tem Ray made a motion to approve Ordinance 2023-67 repealing Article 3.06, “Electrical Code”, of the Code of Ordinances of the Town of Prosper and replacing it with a new Article 3.06, “Electrical Code”. Mayor Pro-Tem Andres seconded that motion. Motion carried with a 4-0 vote. 16. Consider and act upon Resolution 2023-68 of the Town Council of the Town of Prosper, Texas, declaring the public necessity to acquire certain properties for right-of-way for the construction of the Coit Road (First-Frontier) project; determining the public use and necessity for such acquisition; authorizing the Page 33 Item 4. Page 4 of 6 acquisition of property rights necessary for said Project; appointing an appraiser and negotiator as necessary; authorizing the Town Manager to establish just compensation for the property rights to be acquired; authorizing the Town Manager to take all steps necessary to acquire the needed property rights in compliance with all applicable laws and resolutions; and authorizing the Town Attorney to institute condemnation proceedings to acquire the property if purchase negotiations are not successful. (HW) Mr. Webb stated to facilitate the construction of this project, it is necessary for the Town to acquire several parcels of right-of-way. As with other similar road construction projects, it is not anticipated that all parcels will require the use of eminent domain to complete the acquisition process, however, staff is requesting advance authorization to pursue acquisition by eminent domain if standard negotiations are unsuccessful. The Town Council asked if the design was the same as initially agreed upon and if this road would eventually be six lanes divided. Mr. Webb confirmed that both comments were true. Mayor Pro-Tem Andres made a motion to approve a resolution declaring the public necessity to acquire certain properties for right -of-way for the construction of the Coit Road (First-Frontier) project; determining the public use and necessity for such acquisition; authorizing the acquisition of property rights necessary for said Project; appointing an appraiser and negotiator as necessary; authorizing the Town Manager to establish just compensation for the property rights to be acquired; authorizing the Town Manager to take all steps necessary to acquire the needed property rights in compliance with all applicable laws and resolutions; and authorizing the Town Attorney to institute condemnation proceedings to acquire the property if purchase negotiations are not successful. Deputy Mayor Pro-Tem Ray seconded that motion. Deputy Mayor Pro-Tem Ray – In favor Mayor Bristol – In favor Mayor Pro-Tem Andres – In favor Councilmember Kern – In favor Motion carried with a 4-0 vote. 17. Consider and act upon authorizing the Town Manager to execute an agreement with the North Texas Tollway Authority (NTTA) for funding of improvements related to the extension of the Dallas North Tollway. (CE) Mr. Ewings presented outlining the improvements to the extension of the Dallas North Tollway. The construction includes improvements that benefit the Town; therefore, the Town is required to cover the associated costs. The improvements include the existing braided ramps and U-turns at each major intersection. The Capital Improvement Program (CIP) currently accounts for the cost of these projects. Councilmember Kern made a motion to authorize the Town Manager to execute an agreement with the North Texas Tollway Authority (NTTA) for funding of improvements related to the extension of the Dallas North Tollway. Deputy Mayor Pro-Tem Ray seconded that motion. Motion carried with a 4-0 vote. 18. Consider and act upon a Resolution 2023-69 expressing official intent to reimburse costs of Town Capital Improvement Program (CIP) 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 obligations. (RP) Page 34 Item 4. Page 5 of 6 Mr. Patterson stated the proposed resolution will allow the Town to pay for projects in the fiscal year 2023-2024 CIP, including costs associated with the construction of street improvements, park improvements, public safety facilities, and water and wastewater infrastructure, and the related infrastructure improvements. Deputy Mayor Pro-Tem Ray made a motion to approve a Resolution 2023-69 expressing official intent to reimburse costs of Town Capital Improvement Program (CIP) 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 obligations. Mayor Pro-Tem Andres seconded that motion. Motion carried with a 4-0 vote. 19. Discuss and consider Town Council Subcommittee reports. (DFB) Mayor Pro-Tem Andres provided a Legislative Subcommittee report noting that representatives went into Special Session to cover school vouchers and finances. No other reports were made. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. No comments were made. 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: Section 551.087 – To discuss and consider economic development incentives and all matters incident and related thereto. 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. Section 551.074 – To discuss and consider personnel matters and all matters incident and related thereto. The Town Council recessed into Executive Session at 6:49 p.m. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Town Council reconvened into Regular Session at 7:16 p.m. No action was taken. Adjourn. The meeting was adjourned at 7:16 p.m. These minutes were approved on the 24th day of October 2023. APPROVED: David F. Bristol, Mayor Page 35 Item 4. Page 6 of 6 ATTEST: Michelle Lewis Sirianni, Town Secretary Page 36 Item 4. Page 1 of 1 To: Mayor and Town Council From: Chris Landrum, Finance Director Through: Mario Canizares, Town Manager Bob Scott, Deputy Town Manager Re: September 2023 Monthly Financial Report Town Council Meeting – October 24, 2023 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider acceptance of the September 2023 monthly financial report. Description of Agenda Item: The Town Charter requires the submission of monthly financial reports to the Town Council. In summary, both revenues and expenditures are within the expected ranges and no unexpected events have occurred that require significant changes in original projections. The attached monthly financial report for September 2023 was prepared in the old format. This format is not particularly “user friendly” and staff is looking to reformat the monthly financial reports after the ERP software conversion. Budget Impact: There is no budgetary impact affiliated with this item. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Fourth Quarter Financial Summary 2. Monthly Financial Report – September 30, 2023 Town Staff Recommendation: Town staff recommends Town Council vote to accept submission of the monthly financial report for the period September 2023 in compliance with the requirements of the Town Charter. Proposed Motion: I move to accept the September 2023 monthly financial report in compliance with Charter requirements. FINANCE Page 37 Item 5. MONTHLY FINANCIAL REPORT as of September 30, 2023 Cash/Budgetary Basis Prepared by Finance Department October 24, 2023 Page 38 Item 5. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT September 2023 Table of Contents Dashboard Charts 3 - 4 General Fund 5 Water-Sewer Fund 8 Solid Waste Fund 13 Debt Service Fund 15 Crime Control and Prevention Special Purpose District 16 Fire Control, Prevention, and Emergency Medical Services Special Purpose District 17 Vehicle and Equipment Replacement Fund 18 Storm Drainage Utility Fund 19 Park Dedication and Improvement Fund 20 TIRZ #1 - Blue Star 21 TIRZ #2 22 Water Impact Fees Fund 23 Wastewater Impact Fees Fund 24 Thoroughfare Impact Fees Fund 25 Special Revenue Fund 27 Capital Projects Fund-General 28 Capital Projects Fund-Water/Sewer 30 Page 39 Item 5. 0 $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 Total Budget YTD Budget YTD Actual Building Permit Revenues 0 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 1,600,000 1,800,000 Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept Town of Prosper, Texas Sales Tax Revenue by Month FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY22/23 3 Page 40 Item 5. 0 6288751.47 $56.072 $56.072 $50.343 $47.585 $47.585 $47.576 $- $10 $20 $30 $40 $50 $60 Total Budget YTD Budget YTD Actual In Millions General Fund Revenues and Expenditures Revenues Expenditures $34.584 $34.584 $32.084 $28.843 $28.843 $32.427 $- $5 $10 $15 $20 $25 $30 $35 $40 Total Budget YTD Budget YTD Actual In Millions Water -Sewer Fund Revenues and Expenditures Revenues Expenditures 4 Page 41 Item 5. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actuals Encumbrances Budget Balance YTD Percent Note YTD Actuals Prior Year REVENUES Property Taxes 23,519,547$ -$ 23,519,547$ 23,679,523$ -$ (159,976)$ 101%1 19,144,927$ 24% Sales Taxes 10,220,208 - 10,220,208 10,073,846 - 146,362 99%9,600,756 5% Franchise Fees 2,404,527 - 2,404,527 2,496,380 - (91,853) 104%2 2,426,659 3% Building Permits 4,781,000 - 4,781,000 4,087,013 - 693,987 85%4,508,584 -9% Other Licenses, Fees & Permits 1,552,430 80,000 1,632,430 2,401,214 - (768,784) 147%2,175,327 10% Charges for Services 1,240,961 - 1,240,961 1,268,586 - (27,625) 102%1,078,945 18% Fines & Warrants 250,425 - 250,425 394,326 - (143,901) 157%254,866 55% Intergovernmental Revenue (Grants)1,525,000 - 1,525,000 181,746 - 1,343,254 12%354,719 -49% Interest Income 150,000 - 150,000 930,472 - (780,472) 620%128,577 624% Transfers In 1,235,335 - 1,235,335 1,244,865 - (9,530) 101%1,122,327 11% Miscellaneous 116,576 - 116,576 131,753 - (15,177) 113%327,546 -60% Park Fees 509,300 - 509,300 686,571 - (177,271) 135%748,385 -8% Total Revenues 47,505,309$ 80,000$ 47,585,309$ 47,576,294$ -$ 9,015$ 100%41,871,619$ 14% EXPENDITURES Administration 9,341,007$ 729,900$ 10,070,907$ 8,538,529$ 645,400$ 886,978$ 91%7,761,381$ 10% Police 6,635,120 1,111,113 7,746,233 6,947,168 475,964 323,101 96%6,044,992 15% Fire/EMS 9,990,721 35,083 10,025,804 9,767,067 8,441 250,296 98%7,848,319 24% Public Works 4,136,738 (174,324) 3,962,414 3,910,962 477,303 (425,852) 111%3,393,830 15% Community Services 7,174,446 113,200 7,287,646 5,844,493 61,470 1,381,684 81%5,427,277 8% Development Services 4,173,570 294,487 4,468,057 2,996,998 19,851 1,451,208 68%3,667,110 -18% Engineering 2,601,325 301,867 2,903,192 2,729,943 27,103 146,146 95%2,149,764 27% Transfers Out 7,780,485 1,826,888 9,607,373 9,607,373 - - 100%7,237,030 33% Total Expenses 51,833,412$ 4,238,214$ 56,071,627$ 50,342,532$ 1,715,532$ 4,013,562$ 93%43,529,704$ 16% REVENUE OVER (UNDER) EXPENDITURES (4,328,103)$ (4,158,214)$ (8,486,318)$ (2,766,239)$ (1,658,084)$ Beginning Fund Balance October 1-Unassigned/Unrestricted 18,925,919 18,925,919 Ending Fund Balance 10,439,601$ 16,159,680$ Notes 1 Property taxes are billed in October and the majority of collections occur December through February. 2 Franchise fees and other various license and fees are paid quarterly or annually. 3 Fund Balance Contingency per Charter and Reserve for FY23 = $9,213,349 (21%). TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT September 30, 2023 Expected Year to Date Percent 100% GENERAL FUND 5 Page 42 Item 5. 101% 99% 104% 85% 147% 102% 12% Property Taxes Sales Taxes Franchise Fees Building Permits Other Licenses, Fees & Permits Charges for Services Intergovernmental Revenue (Grants) 0%20%40%60%80%100%120%140%160% GENERAL FUND YTD REVENUE % OF ANNUAL BUDGET 6 Page 43 Item 5. $23,679,523 10,073,846 2,496,380 4,087,013 $19,144,927 9,600,756 2,426,659 4,508,584 $- $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 Property Taxes Sales Taxes Franchise Fees Building Permits GENERAL FUND REVENUE Current YTD to Prior Year YTD Actual Comparison Current Year Prior Year 7 Page 44 Item 5. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Water Charges for Services 17,557,737$ 500,000$ 18,057,737$ 20,382,158$ -$ (2,324,421)$ 113%19,080,918$ 7% Sewer Charges for Services 9,462,990 200,000 9,662,990 10,350,271 - (687,281) 107%9,649,027 7% Licenses, Fees & Permits 377,705 30,000 407,705 437,248 - (29,543) 107%418,701 4% Utility Billing Penalties 186,900 - 186,900 202,310 - (15,410) 108%206,105 -2% Interest Income 60,000 - 60,000 450,120 - (390,120) 750%60,722 641% Other 467,427 - 467,427 604,976 - (137,549) 129%487,380 24% Transfer In - - - - - - 0 - 0% Total Revenues 28,112,759$ 730,000$ 28,842,759$ 32,427,083$ -$ (3,584,324)$ 112%29,902,853$ 8% EXPENDITURES Administration 1,559,816$ 199,091$ 1,758,907$ 1,814,954$ 10,883$ (66,930)$ 104%1,254,864$ 45% Debt Service 4,353,585 - 4,353,585 4,285,203 - 68,382 98%1 6,244,386 -31% Water Purchases 9,605,940 - 9,605,940 10,613,817 - (1,007,877) 110%9,379,652 13% Sewer Management Fee 3,854,505 - 3,854,505 3,989,133 - (134,628) 103%3,483,327 15% Public Works 11,604,745 382,678 11,987,423 6,803,512 123,922 5,059,989 58%6,497,129 5% Transfer Out 2,877,339 146,650 3,023,989 4,577,339 - (1,553,350) 151%1,000,680 357% Total Expenses 33,855,930$ 728,419$ 34,584,349$ 32,083,959$ 134,805$ 2,500,214$ 93%27,860,039$ 15% REVENUE OVER (UNDER) EXPENDITURES (5,743,171)$ 1,581$ (5,741,590)$ 343,125$ 2,042,815$ Beginning Working Capital October 1 12,669,408 12,669,408 Ending Working Capital 6,927,818$ 13,012,533$ Notes 1 Annual debt service payments are made in February and August. 2 Minimum Ending Working Capital balance for FY23 = $7,701,008 (25%). TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT September 30, 2023 Expected Year to Date Percent 100% WATER-SEWER FUND 8 Page 45 Item 5. Sep-23 Sep-22 Growth % WATER SEWER WATER SEWER Change Four Year Cumulative # of Accts Residential 12,685 11,978 11,821 11,084 7.68%FY2023 FY2022 Average Average # of Accts Commercial 450 406 419 374 7.94%October 20,110 16,543 14,882 14,882 Consumption-Residential 340,956,770 83,463,310 182,618,260 79,755,893 61.76%November 11,190 11,256 10,010 24,892 Consumption-Commercial 37,534,940 18,432,350 28,440,700 14,432,660 30.54%December 6,273 7,850 7,663 32,554 Consumption-Commercial Irrigation 71,358,340 43,725,470 63.20%January 8,049 6,936 6,159 38,713 Avg Total Res Water Consumption 26,836 15,449 73.71%February 5,914 7,385 6,618 45,331 Billed ($) Residential 2,383,249$ 747,167$ 1,232,042$ 703,539$ 61.73%March 5,839 6,006 6,335 51,665 Billed ($) Commercial 344,869$ 144,783$ 263,079$ 120,429$ 27.68%April 10,053 8,613 8,838 60,503 Billed ($) Commercial Irrigation 665,533$ 401,457$ 65.78%May 14,092 13,130 10,904 71,407 Total Billed ($)3,393,651$ 891,950$ 1,896,578$ 823,968$ 57.53%June 14,281 13,330 13,121 84,527 July 16,992 22,900 17,334 101,861 August 23,095 27,840 22,933 124,794 September 26,836 15,450 18,824 143,618 TOTAL (gal)162,724 157,239 143,618 FY2023 FY2022 Average Cumulative October 5.65 2.60 4.56 4.56 November 5.82 2.92 3.07 7.63 December 3.43 0.76 2.84 10.47 January 1.29 0.20 2.62 13.09 February 4.51 2.15 3.05 16.14 March 2.69 2.62 3.92 20.06 April 1.20 5.90 3.97 24.03 May 3.62 8.01 5.65 29.68 June 2.35 1.90 4.07 33.75 July 0.47 0.41 2.27 36.02 August 0.07 5.08 2.83 38.85 September 1.18 0.26 2.76 41.61 Annual 32.28 32.81 41.61 Rainfall TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT September 30, 2023 Expected Year to Date Percent 100% WATER-SEWER FUND Average Total Residential Water Consumption by Month 9 Page 46 Item 5. 113% 107% 107% 108% 129% Water Charges for Services Sewer Charges for Services Licenses, Fees & Permits Utility Billing Penalties Other 0%20%40%60%80%100%120%140% WATER/SEWER REVENUE YTD % OF ANNUAL BUDGET 10 Page 47 Item 5. $20,382,158 10,613,817 $19,080,918 9,379,652 $- $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 Water Charges for Services Water Purchases WATER REVENUE AND EXPENSE Current YTD to Prior Year YTD Actual Comparison Current Year Prior Year 11 Page 48 Item 5. 10,350,271 3,989,133 9,649,027 3,483,327 - 2,000,000 4,000,000 6,000,000 8,000,000 10,000,000 12,000,000 Sewer Charges for Services Sewer Management Fee SEWER REVENUE AND EXPENSE Current YTD to Prior Year YTD Actual Comparison Current Year Prior Year 12 Page 49 Item 5. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Sanitation Charges for Services 2,158,200$ -$ 2,158,200$ 2,488,353$ -$ (330,153)$ 115%1,974,453$ 26% Interest Income - - - 2,910 - (2,910) 0%- 0% Transfer In 1,750,000 - 1,750,000 50,000 - 1,700,000 3%- 0% Total Revenues 3,908,200$ -$ 3,908,200$ 2,541,264$ -$ 1,366,936$ 65%1,974,453$ 29% EXPENDITURES Administration 1,750,000$ -$ 1,750,000$ 49,849$ 152$ 1,700,000$ 3%-$ 0% Sanitation Collection 2,158,200 - 2,158,200 2,269,905 - (111,705) 105%1,994,033 14% Transfer Out - - - - - - 0%- 0% Total Expenses 3,908,200$ -$ 3,908,200$ 2,319,753$ 152$ 1,588,295$ 59%1,994,033$ 16% REVENUE OVER (UNDER) EXPENDITURES -$ -$ -$ 221,511$ (19,580)$ Beginning Working Capital October 1 - - Ending Working Capital -$ 221,511$ Notes TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT September 30, 2023 Expected Year to Date Percent 100% SOLID WASTE FUND 13 Page 50 Item 5. $2,488,353 2,269,905 $1,974,453 1,994,033 $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 Sanitation Charges for Services Sanitation Collection SOLID WASTE REVENUE AND EXPENSE Current YTD to Prior Year YTD Actual Comparison Current Year Prior Year 14 Page 51 Item 5. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Property Taxes-Delinquent 75,000$ -$ 75,000$ 168,915$ -$ (93,915)$ 225%90,963$ 86% Property Taxes-Current 12,605,972 - 12,605,972 13,128,090 - (522,118) 104%1 10,448,410 26% Taxes-Penalties - - - 45,922 - (45,922) 0%43,165 6% Interest Income 20,000 - 20,000 142,331 - (122,331) 712%15,354 827% Transfer In - - - - - - 0%428,581 -100% Total Revenues 12,700,972$ -$ 12,700,972$ 13,485,258$ -$ (784,286)$ 106%11,026,473$ 22% EXPENDITURES Professional Services -$ -$ -$ 11,391$ -$ (11,391)$ 0%9,500$ 20% Bond Administrative Fees 20,000 - 20,000 5,500 - 14,500 28%7,805 -30% 2013 GO Refunding Bond 180,000 - 180,000 180,000 - - 100%175,000 3% 2014 GO Bond Payment 315,000 - 315,000 315,000 - - 100%305,000 3% 2015 GO Bond Payment 1,309,200 - 1,309,200 1,309,200 - - 100%1,220,300 7% 2015 CO Bond Payment 465,000 - 465,000 465,000 - - 100%445,000 4% 2016 GO Debt Payment - - - - - - 0%- 0% 2016 CO Debt Payment 80,000 - 80,000 80,000 - - 100%70,000 14% 2017 CO Debt Payment 85,000 - 85,000 85,000 - - 100% 2 70,000 21% 2018 GO Debt Payment 145,000 - 145,000 145,000 - - 100%145,000 0% 2018 CO Debt Payment 475,000 - 475,000 475,000 - - 100%455,000 4% 2019 CO Debt Payment 399,806 - 399,806 399,806 - - 100%381,123 5% 2019 GO Debt Payment 160,000 - 160,000 160,000 - - 100%155,000 3% 2020 CO Debt Payment 255,000 - 255,000 255,000 - - 100%245,000 4% 2021 CO Debt Payment 245,000 - 245,000 245,000 - - 100%310,000 -21% 2021 GO Debt Payment 1,225,000 - 1,225,000 1,225,000 - - 100%1,925,000 -36% 2022 GO Debt Payment 1,890,000 - 1,890,000 1,890,000 - - 100%- 0% Bond Interest Expense 5,662,157 - 5,662,157 5,594,880 - 67,277 99%4,493,389 25% Total Expenditures 12,911,163$ -$ 12,911,163$ 12,840,777$ -$ 70,386$ 99%13,002,117$ -1% REVENUE OVER (UNDER) EXPENDITURES (210,191)$ -$ (210,191)$ 644,481$ (1,975,645)$ Beginning Fund Balance October 1 683,357 683,357 2,619,367 Ending Fund Balance Current Month 473,166$ 1,327,838$ 643,722$ Notes 1 Property taxes are billed in October and the majority of collections occur December through February. 2 Annual debt service payments are made in February and August. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT September 30, 2023 Expected Year to Date Percent 100% DEBT SERVICE FUND 15 Page 52 Item 5. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Sales Tax - Town 2,741,662$ -$ 2,741,662$ 2,681,697$ -$ 59,965$ 98%2,546,124$ 5% Interest Income 1,200 - 1,200 (1,290) - 2,490 -108%1,210 -207% Other - - - - - - 0%- 0% Total Revenue 2,742,862$ -$ 2,742,862$ 2,680,407$ -$ 62,455$ 98%2,547,335$ 5% EXPENDITURES Personnel 2,711,865$ -$ 2,711,865$ 2,812,572$ -$ (100,707)$ 104%2,551,825$ 10% Other 1,200 - 1,200 (4,284) - 5,484 -357%20,739 -121% Total Expenditures 2,713,065$ -$ 2,713,065$ 2,808,288$ -$ (95,223)$ 104%2,572,563$ 9% REVENUE OVER (UNDER) EXPENDITURES 29,797$ -$ 29,797$ (127,881)$ (25,229)$ Beginning Fund Balance October 1 453,711 453,711 302,439 Ending Fund Balance Current Month 483,508$ 325,831$ 277,210$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT September 30, 2023 Expected Year to Date Percent 100% CRIME CONTROL AND PREVENTION SPECIAL PURPOSE DISTRICT 16 Page 53 Item 5. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Sales Tax - Town 2,710,483$ -$ 2,710,483$ 2,679,030$ -$ 31,453$ 99%2,541,391$ 5% Interest Income 600 - 600 2,596 - (1,996) 433%829 213% Other - - - - - - 0%- 0% Total Revenue 2,711,083$ -$ 2,711,083$ 2,681,626$ -$ 29,457$ 99%2,542,220$ 5% EXPENDITURES Personnel 2,682,642$ -$ 2,682,642$ 2,561,222$ -$ 121,420$ 95%2,542,556$ 1% Other 2,400 - 2,400 (4,284) - 6,684 -178%20,739 -121% Total Expenditures 2,685,042$ -$ 2,685,042$ 2,556,938$ -$ 128,104$ 95%2,563,295$ 0% REVENUE OVER (UNDER) EXPENDITURES 26,041$ -$ 26,041$ 124,689$ (21,075)$ Beginning Fund Balance October 1 457,409 457,409 203,982 Ending Fund Balance Current Month 483,450$ 582,098$ 182,907$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT September 30, 2023 Expected Year to Date Percent 100% FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES SEPCIAL PURPOSE DISTRICT 17 Page 54 Item 5. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Grant Revenue -$ -$ -$ -$ -$ -$ 0%-$ 0% Other Reimbursements 150,000 - 150,000 - - 150,000 0%6,692 -100% Interest Income 25,000 - 25,000 186,476 - (161,476) 746%23,616 690% Charges for Services 1,385,257 - 1,385,257 1,385,257 - (0) 100%1,170,198 18% Total Revenue 1,560,257$ -$ 1,560,257$ 1,571,733$ -$ (11,476)$ 101%1,200,506$ 31% EXPENDITURES Vehicle Replacement 754,100$ 69,135$ 823,235$ 388,115$ 388,569$ 46,551$ 94%717,313$ -46% Equipment Replacement 170,906 - 170,906 9,461 174,887 (13,442) 108%21,994 -57% Technology Replacement 293,200 120,277 413,477 152,145 187,692 73,640 82%199,390 -24% Total Expenditures 1,218,206$ 189,412$ 1,407,618$ 549,720$ 751,148$ 106,749$ 92%938,698$ -41% REVENUE OVER (UNDER) EXPENDITURES 342,051$ (189,412)$ 152,639$ 1,022,013$ 261,808$ Beginning Fund Balance October 1 3,957,862 3,957,862 3,957,862 Ending Fund Balance Current Month 4,110,501$ 4,979,875$ 4,219,670$ Notes TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT September 30, 2023 Expected Year to Date Percent 100% VEHICLE AND EQUIPMENT REPLACEMENT FUND 18 Page 55 Item 5. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES 45-4 Storm Drainage Utility Fee 825,000$ -$ 825,000$ 865,861$ -$ (40,861)$ 105%802,435$ 8% Drainage Review Fee 3,000 - 3,000 - - 3,000 0%9,178 -100% 45-4 Interest Income 1,800 - 1,800 (3,465) - 5,265 -193%1,175 -395% Transfer In - - - - - - 0%531,449 -100% Other Revenue - - - 2,096 - (2,096) 0%- 0% Total Revenue 829,800$ -$ 829,800$ 864,492$ -$ (34,692)$ 104%1,344,237$ -36% EXPENDITURES Personnel Services 181,914$ -$ 181,914$ 165,898$ -$ 16,017$ 91%153,457$ 8% Debt Service 217,575 - 217,575 217,745 - (170) 100%2 771,693 -72% 45-7 Operating Expenditures 288,177 82,706 370,883 148,278 - 222,605 40%178,075 -17% Transfers Out 107,996 - 107,996 109,883 - (1,887) 102%1 1,212,784 -91% Total Expenses 795,662$ 82,706$ 878,368$ 641,804$ -$ 236,565$ 73%2,316,009$ -72% REVENUE OVER (UNDER) EXPENDITURES 34,138$ (82,706)$ (48,568)$ 222,688$ (971,772)$ Beginning Working Capital October 1 816,012 816,012 632,579 Ending Working Capital Current Month 767,444$ 1,038,700$ (339,193)$ Notes 1 Capital project funds are transferred as needed; General fund transfers are made monthly. 2 Annual debt service payments are made in February and August. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT September 30, 2023 Expected Year to Date Percent 100% STORM DRAINAGE UTILITY FUND 19 Page 56 Item 5. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES 60-4 Park Dedication-Fees 964,000$ -$ 964,000$ 604,429$ -$ 359,571$ 63%937,660$ -36% Park Dedication - Transfers In - - - - - - 0%- 0% 60-4 Park Improvements 873,000 - 873,000 144,000 - 729,000 16%272,401 -47% Contributions/Grants 200,550 - 200,550 200,550 - - 100%- 0% 60-4 Interest-Park Dedication 2,000 - 2,000 40,429 - (38,429) 2021%6,801 494% 60-4 Interest-Park Improvements 4,050 - 4,050 34,382 - (30,332) 849%6,490 430% Total Revenue 2,043,600$ -$ 2,043,600$ 1,023,789$ -$ 1,019,811$ 50%1,223,351$ -16% EXPENDITURES Pecan Grove Park -$ 798,971$ 798,971$ 847,546$ -$ (48,575)$ 106%-$ 0% Windsong Neighborhood Park 100,000 - 100,000 - - 100,000 0%- 0% Capital (Misc. small projects)- - - - - - 0%5,456 -100% Transfers Out - - - - - - 0%- 0% Total Expenses 100,000$ 798,971$ 898,971$ 847,546$ -$ 51,425$ 94%5,456$ 15433% REVENUE OVER (UNDER) EXPENDITURES 1,943,600$ (798,971)$ 1,144,630$ 176,244$ 1,217,895$ Beginning Fund Balance October 1 2,140,734 2,140,734 Ending Fund Balance Current Month 3,285,364$ 2,316,978$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT September 30, 2023 Expected Year to Date Percent 100% PARK DEDICATION AND IMPROVEMENT FUNDS 20 Page 57 Item 5. Original Budget Amended Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Impact Fee Revenue: Water Impact Fees -$ -$ -$ 12,226$ (12,226)$ 0%308,704$ -96% Wastewater Impact Fees - - - 382,900 (382,900) 0%629,774 -39% East Thoroughfare Impact Fees 200,000 - 200,000 62,607 137,393 31%1,845,901 -97% Property Taxes - Town (Current)824,243 - 824,243 810,076 14,167 98%612,991 32% Property Taxes - Town (Rollback)- - - - - 0%- 0% Property Taxes - County (Current)184,704 - 184,704 172,956 11,748 94%144,308 20% Sales Taxes - Town 1,024,068 - 1,024,068 918,772 105,296 90%854,284 8% Sales Taxes - EDC 857,656 - 857,656 769,472 88,184 90%715,463 8% Interest Income 6,000 - 6,000 74,822 (68,822) 1247%7,689 873% Transfer In - - - - - 0%- 0% Total Revenue 3,096,671$ -$ 3,096,671$ 3,203,830$ (107,159)$ 103%5,119,115$ -37% EXPENDITURES Professional Services 6,000$ -$ 6,000$ -$ 6,000$ 0%-$ 0% Developer Rebate 3,090,671 - 3,090,671 3,607,318 (516,647)$ 117%5,229,934 -31% Transfers Out - - - - -$ 0%- 0% Total Expenses 3,096,671$ -$ 3,096,671$ 3,607,318$ (510,647)$ 116%5,229,934$ -31% REVENUE OVER (UNDER) EXPENDITURES -$ (403,487)$ (110,819)$ Beginning Fund Balance October 1 1,392,520 1,392,520 301,260 Ending Fund Balance Current Month 1,392,520$ 989,033$ 190,441$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT September 30, 2023 Expected Year to Date Percent 100% TIRZ #1 - BLUE STAR 21 Page 58 Item 5. Original Budget Amended Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Property Taxes - Town (Current)33,166$ -$ 33,166$ 33,061$ 105$ 100%154,136$ -79% Property Taxes - Town (Rollback)- - - - - 0%- 0% Property Taxes - County (Current)7,432 - 7,432 7,059 373 95%30,280 -77% Sales Taxes - Town - - - - - 0%- 0% Sales Taxes - EDC - - - - - 0%- 0% Interest Income 75 - 75 1,551 (1,476) 2068%160 870% Total Revenue 40,673$ -$ 40,673$ 41,671$ (998)$ 102%184,577$ -77% EXPENDITURES Professional Services -$ -$ -$ -$ -$ 0%-$ 0% Developer Rebate 40,673 - 40,673 41,006 (333) 101%184,549 -78% Transfers Out - - - - - 0%- 0% Total Expenditures 40,673$ -$ 40,673$ 41,006$ (333)$ 101%184,549$ -78% REVENUE OVER (UNDER) EXPENDITURES -$ 665$ 28$ Beginning Fund Balance October 1 24,835 24,835 25,189 Ending Fund Balance Current Month 24,835$ 25,500$ 25,217$ TIRZ #2 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT September 30, 2023 Expected Year to Date Percent 100% 22 Page 59 Item 5. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES Impact Fees Water 3,500,000$ -$ 3,500,000$ 3,556,059$ Interest Income 45,000 - 45,000 232,813 Total Revenues 3,545,000$ -$ 3,545,000$ 3,788,872$ EXPENDITURES Developer Reimbursements Cambridge Park Estates -$ -$ -$ -$ 180,350$ -$ (180,350)$ -$ (180,350)$ Parks at Legacy Developer Reimb 250,000 250,000 - 250,000 - - 250,000 - 250,000 Star Trail Developer Reimb 367,000 367,000 - 367,000 639,029 - (272,029) - (272,029) Victory at Frontier Developer Reimb 42,000 42,000 - 42,000 88,636 - (46,636) - (46,636) Westside Developer Reimb - - - - 16,047 - (16,047) - (16,047) TVG Windsong Developer Reimb 625,000 625,000 - 625,000 1,083 - 623,917 - 623,917 Total Developer Reimbursements 1,284,000$ 1,284,000$ -$ 1,284,000$ 925,146$ -$ 358,854$ -$ 358,854$ Capital Expenditures 12" Water Line - DNT 200,000$ 24,250$ 85,042$ 109,292$ 32,323$ 53,697$ 23,272$ 90,708$ 108,314$ Lower Pressure Plane Easements 1,500,000 1,400,000 - 1,400,000 95 - 1,399,905 - 1,499,905 Lower Pressure Plane 3,100,000 3,200,000 - 3,200,000 - - 3,200,000 - 3,100,000 Impact Fee Study 100,000 - - - 36,507 63,493 (100,000) - - Total Projects 4,900,000$ 4,624,250$ 85,042$ 4,709,292$ 68,925$ 117,190$ 4,523,177$ 90,708$ 4,708,219$ Transfer to CIP Fund - - - - - - - - Total Transfers Out -$ -$ -$ -$ -$ -$ -$ -$ -$ Total Expenditures 6,184,000$ 5,908,250$ 85,042$ 5,993,292$ 994,071$ 117,190$ 4,882,031$ 90,708$ 5,067,073$ REVENUE OVER (UNDER) EXPENDITURES (2,448,292)$ 2,794,801$ Beginning Fund Balance October 1 4,366,761 4,366,761 Ending Fund Balance Current Month 1,918,469$ 7,161,562$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT September 30, 2023 WATER IMPACT FEES FUND 23 Page 60 Item 5. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES Impact Fees Wastewater 1,750,000$ -$ 1,750,000$ 2,343,915$ Interest Income 14,625 - 14,625 110,923 Upper Trinity Equity Fee 300,000 - 300,000 339,000 Total Revenues 2,064,625$ -$ 2,064,625$ 2,793,838$ EXPENDITURES Developer Reimbursements TVG Westside Utility Developer Reimb 350,000$ 350,000$ -$ 350,000$ 251,704$ -$ 98,296$ -$ 98,296$ Prosper Partners Utility Developer Reimb 100,000 100,000 - 100,000 - - 100,000 - 100,000 Frontier Estates Developer Reimb 25,000 25,000 - 25,000 67,519 - (42,519) - (42,519) LaCima Developer Reimb 20,000 20,000 - 20,000 - - 20,000 - 20,000 Brookhollow Developer Reimb 100,000 100,000 - 100,000 19,754 - 80,246 - 80,246 TVG Windsong Developer Reimb 700,000 700,000 - 700,000 400,946 - 299,054 - 299,054 All Storage Developer Reimb 50,000 50,000 - 50,000 9,030 - 40,970 - 40,970 Legacy Garden Developer Reimb 60,000 60,000 - 60,000 5,464 - 54,536 - 54,536 Total Developer Reimbursements 1,405,000$ 1,405,000$ -$ 1,405,000$ 754,417$ -$ 650,583$ -$ 650,583$ Capital Expenditures Doe Branch Wastewater Lines 975,000$ 212,000$ 314,400$ 526,400$ 226,685$ 586,821$ (287,106)$ 48,600$ 112,894$ Impact Fee Study 100,000 - - - 36,507 63,493 (100,000) - - Total Projects 1,075,000$ 212,000$ 314,400$ 526,400$ 263,192$ 650,314$ (387,106)$ 48,600$ 112,894$ Transfer to CIP Fund - - - - - - - - Total Transfers Out -$ -$ -$ -$ -$ -$ -$ -$ -$ Total Expenditures 2,480,000$ 1,617,000$ 314,400$ 1,931,400$ 1,017,610$ 650,314$ 263,477$ 48,600$ 763,477$ REVENUE OVER (UNDER) EXPENDITURES 133,225$ 1,776,228$ Beginning Fund Balance October 1 2,733,394 2,733,394 Ending Fund Balance Current Month 2,866,619$ 4,509,622$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT September 30, 2023 WASTEWATER IMPACT FEES FUND 24 Page 61 Item 5. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES East Thoroughfare Impact Fees 1,000,000$ -$ 1,000,000$ 2,319,056$ East Thoroughfare Other Revenue - - - - West Thoroughfare Impact Fees 4,000,000 - 4,000,000 4,901,467 West Thoroughfare Other Revenue - - - - Interest-East Thoroughfare Impact Fees 14,000 - 14,000 110,885 Interest-West Thoroughfare Impact Fees 45,000 - 45,000 175,221 Total Revenues 5,059,000$ -$ 5,059,000$ 7,506,629$ EXPENDITURES East FM 1461 (SH289-CR 165)175,000$ 175,000$ -$ 175,000$ 77,074$ -$ 97,927$ 154,147$ (56,221)$ Coit Road (First - Frontier)1,289,900 50,000 364,755 414,755 1,424 369,330 44,000 925,776 (6,630) Impact Fee Study 50,000 - - - 8,646 41,354 (50,000) - - Cambridge Park Estates - - - - 174,494 - (174,494) - (174,494) Transfer to Capital Project Fund 1,820,000 1,820,000 - 1,820,000 1,360,000 - 460,000 460,000 Total East 3,334,900$ 2,045,000$ 364,755$ 2,409,755$ 1,621,638$ 410,684$ 377,433$ 1,079,923$ 222,656$ West Teel 380 Intersection Improvements 100,000$ -$ 1,000$ 1,000$ 1,765$ -$ (765)$ 100,985$ (2,750)$ Fishtrap (Elem-DNT)6,600,000 6,600,000 - 6,600,000 - - 6,600,000 - 6,600,000 Parks at Legacy Developer Reimb 500,000 500,000 - 500,000 758,333 - (258,333) - (258,333) Star Trail Developer Reimb 1,500,000 1,500,000 - 1,500,000 2,788,750 - (1,288,750) - (1,288,750) Tellus Windsong Developer Reimb 750,000 750,000 - 750,000 12,833 - 737,168 - 737,168 Legacy Garden Developer Reimb 200,000 200,000 - 200,000 - - 200,000 - 200,000 Impact Fee Study 50,000 - - - 8,646 41,354 (50,000) - - Transfer to Capital Project Fund - - - - 331,025 - (331,025) (331,025) Total West 9,700,000$ 9,550,000$ 1,000$ 9,551,000$ 3,901,352$ 41,354$ 5,608,295$ 100,985$ 5,656,310$ Total Expenditures 13,034,900$ 11,595,000$ 365,755$ 11,960,755$ 5,522,990$ 452,037$ 5,985,727$ 1,180,908$ 5,878,965$ REVENUE OVER (UNDER) EXPENDITURES (6,901,755)$ 1,983,639$ Beginning Fund Balance October 1 10,678,812 10,678,812 Ending Fund Balance Current Month 3,777,058$ 12,662,451$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT September 30, 2023 THOROUGHFARE IMPACT FEES FUND 25 Page 62 Item 5. WATER WASTEWATER EAST THOROUGHFARE WEST THOROUGHFARE ANNUAL BUDGET $3,500,000 $1,750,000 $1,000,000 4,000,000 YTD ACTUAL $3,556,059 $2,343,915 $2,319,056 $4,901,467 % OF BUDGET 102%134%232%123% 102% 134%232% 123% $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 IMPACT FEE REVENUE YTD Actual to Annual Budget 26 Page 63 Item 5. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year Police Donation Revenue 15,500$ -$ 15,500$ 22,948$ -$ (7,448)$ 148%17,668$ 30% Fire Donation Revenue 15,500 - 15,500 15,553 - (53) 100%17,504 -11% Child Safety Revenue 28,000 - 28,000 20,956 - 7,044 75%30,599 -32% Court Security Revenue 8,000 - 8,000 11,633 - (3,633) 145%7,704 51% Court Technology Revenue 7,650 - 7,650 9,655 - (2,005) 126%6,464 49% Municipal Jury revenue 150 - 150 231 - (81) 154%150 54% Interest Income 2,425 - 2,425 40,665 - (38,240) 1677%3,519 1056% Interest Income CARES/ARPA Funds - - - 234,453 - (234,453) 0%23,469 899% Tree Mitigation - - - 1,542,766 - (1,542,766) 0%22,400 6787% Escrow Income - - - 845,117 - (845,117) 0%- 0% Cash Seizure Forfeit - - - 12,070 - (12,070) 0%- 0% Miscellaneous 3,000 - 3,000 2,416 - 584 81%2,997 -19% CARES Act/ARPA Funding 3,045,165 - 3,045,165 - - 3,045,165 0%3,057,202 -100% Transfer In - - - - - - 0%- 0% Total Revenue 3,125,390$ -$ 3,125,390$ 2,758,463$ -$ 366,927$ 88%3,189,676$ -14% EXPENDITURES LEOSE Expenditure 17,500$ -$ 17,500$ 5,050$ -$ 12,450$ 29%-$ 0% Court Technology Expense - - - 500 - (500) 0%10,688 -95% Court Security Expense 15,675 - 15,675 50 - 15,625 0%1,397 -96% Police Donation Expense 38,740 - 38,740 32,784 - 5,956 85%24,425 34% Fire Donation Expense 5,387 5,000 10,387 8,796 - 1,591 85%- 0% Child Safety Expense 39,761 19,985 59,746 22,859 - 36,887 38%24,381 -6% Tree Mitigation Expense - - - - - - 0%33,600 -100% Police Seizure Expense 12,995 - 12,995 4,647 - - 36%- 0% CARES Act/ARPA Funding - - - - - - 0%- 0% Transfer Out (Tree Mitigation funds)- - - - - - 0%366,400 -100% Transfer Out (Escrow Funds)- - - 845,117 - (845,117) 0%- 0% Total Expenses 130,058$ 24,985$ 155,043$ 919,804$ -$ (773,109)$ 593%460,892$ 100% REVENUE OVER (UNDER) EXPENDITURES 2,995,332$ (24,985)$ 2,970,347$ 1,838,659$ 2,728,784$ Beginning Fund Balance October 1 817,219 817,219 567,535 Ending Fund Balance Current Month 3,787,566$ 2,655,878$ 3,296,319$ Notes TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT September 30, 2023 Expected Year to Date Percent 100% SPECIAL REVENUE FUNDS 27 Page 64 Item 5. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES Grants -$ -$ -$ -$ Contributions/Interlocal Revenue - 1,700,000 1,700,000 - Bond Proceeds - - - 37,298,739 Interest Income - - - 2,082,289 Other Revenue - - - (335,246) Transfers In - General Fund - 1,826,888 1,826,888 9,607,373 Transfers In - Impact Fee Funds - - - 1,691,025 Transfers In - Escrows - - - 845,117 *Transfers In/Out - Bond Funds - - - - Total Revenues -$ 3,526,888$ 3,526,888$ 51,189,297$ EXPENDITURES Frontier Parkway BNSF Overpass 9,402,125$ -$ -$ -$ 56,849$ -$ (56,849)$ 9,345,276$ -$ West Prosper Roads 14,168,828 - - - - - - 14,017,321 151,507 BNSF Quiet Zone First/Fifth 145,000 - 4,950 4,950 4,218 - 732 17,146 123,636 Coit Rd (First-Frontier) 4 Lns 800,000 - - - 649 - (649) - 799,351 First St (DNT to Coleman)5,786,567 - 1,584,883 1,584,883 567,968 312,654 704,261 1,540,745 3,365,200 First Street (Elem-DNT) 4 Lanes 30,807,380 - 26,870,802 26,870,802 3,017,495 23,962,559 (109,252) 3,127,872 699,454 Preston Road / First Street Dual Left Turns (Design & Constructi 900,000 - - - - 93,000 (93,000) - 807,000 First St (Coit-Custer) 4 Lanes 27,260,000 - 22,840,969 22,840,969 14,926,666 8,091,345 (177,042) 2,744,075 1,497,914 Preston/Prosper Trail Turn Lane 900,000 - - - 150,538 18,408 (168,946) - 731,054 Craig Street (Preston-Fifth)450,000 - 148,005 148,005 137,478 39,528 (29,000) 175,595 97,400 First Street Section 1 & 4 778,900 - 5,000 5,000 5,000 - - 382,323 391,577 First Street (Teel - Gee Road)6,425,000 - 6,025,000 6,025,000 4,217,420 1,807,777 (197) 247 399,556 Gee Road (First Street - Windsong)4,948,793 - 4,169,579 4,169,579 2,999,371 2,036,586 (866,378) 4,052 (91,216) Teel (US 380 Intersection Improvements)1,380,000 - 200,000 200,000 1,323,223 - (1,123,223) 106,198 (49,421) Coleman (Gorgeous - Prosper Trail)1,500,000 - 740,906 740,906 405,902 335,004 - 120,534 638,561 Coleman (Prosper Trail - PHS)720,000 - - - - - - - 720,000 Legacy (Prairie - First Street)1,425,000 - 1,133,307 1,133,307 462,578 99,479 571,250 235,694 627,250 Coit/US 380 SB Turn Lanes 300,000 - - - 23,986 26,014 (50,000) - 250,000 Parvin (FM 1385 - Legacy)500,000 - - - 500,000 - (500,000) - - Safety Way 800,000 - 800,000 800,000 - - 800,000 - 800,000 Gorgeous/McKinley 700,000 - 700,000 700,000 - - 700,000 - 700,000 Renaming of Fishtrap Road to W. First Street 80,000 - - - 2,877 - (2,877) - 77,123 Gee Road (US 380--FM 1385)1,700,000 - 1,700,000 1,700,000 106,028 1,549,428 44,544 44,544 Frontier (Legacy-DNT)300,000 - - - 300,000 - (300,000) - - First Street (Coleman)500,000 - 500,000 500,000 209 496,549 3,242 - 3,242 PW Road Improvements 867,927 - 826,888 826,888 826,888 - - - 41,039 Teel Parkway (US 380 - First Street Rd) NB 2 Lanes (Design)750,000 - 135,700 135,700 111,990 42,905 (19,195) 82,943 512,162 Total Street Projects 114,295,520$ -$ 68,385,989$ 68,385,989$ 30,147,332$ 38,911,235$ (672,578)$ 31,900,019$ 13,336,934$ Turf Irrigation SH289 68,000$ -$ -$ -$ -$ -$ -$ 48,935$ 19,065$ US 380 Median Design (Green Ribbon)821,250 - - - - - - 65,800 755,450 Whitley Place H&B Trail Extension 750,000 - - - - - - 734,209 15,791 Tanner's Mill Phase 2 Design 1,396,400 - 688,651 688,651 689,039 - (388) 696,070 11,291 Lakewood Preserve, Phase 2 3,845,000 - - - - 131,477 (131,477) - 3,713,523 Pecan Grove Ph II 907,500 - 4,352 4,352 2,853 1,499 - 66,105 837,043 Downtown Pond Improvements 120,000 - - - - - - 11,760 108,240 Raymond Community Park 1,200,000 - 936,986 936,986 175,751 1,024,986 (263,750) 154,672 (155,408) Coleman Median Landscape (Victory-Preston)650,000 - 432,358 432,358 435,028 - (2,670) 19,783 195,189 Prosper Trail Median Landscape 275,000 - 146,481 146,481 143,371 - 3,109 7,352 124,277 Total Park Projects 10,033,150$ -$ 2,208,828$ 2,208,828$ 1,446,042$ 1,157,962$ (395,176)$ 1,804,685$ 5,624,461$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT September 30, 2023 CAPITAL PROJECTS FUND - GENERAL 28 Page 65 Item 5. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT September 30, 2023 CAPITAL PROJECTS FUND - GENERAL PD Car Camera and Body worn Camera System 387,225$ -$ 17,000$ 17,000$ 16,900$ 100$ -$ -$ 370,225$ Station #3 Quint Engine 1,495,000 - 118,273 118,273 93,153 19,498 5,621 1,376,727 5,621 Station #3 Ambulance 495,000 - 79,251 79,251 39,141 2,277 37,832 415,749 37,832 Park Ops Vehicle 27,035 - - - 23,242 - (23,242) - 3,793 Awnings for Storage 19,800 - 300 300 - 300 - 11,100 8,400 Public Safety Complex, Phase 2-Design 1,578,290 - 205,380 205,380 188,566 16,204 610 1,373,520 - Public Safety Complex, Phase 2-Dev Costs 647,325 - 555,818 555,818 28,209 4,975 522,634 91,507 522,634 Public Safety Complex, Phase 2-Construction 14,500,000 - 8,903,575 8,903,575 8,817,585 85,856 134 5,596,425 134 Public Safety Complex, Phase 2-FFE 1,274,385 - 1,224,224 1,224,224 1,047,368 - 176,856 50,161 176,856 Fire Engine Station 4 - FUNDS REALLOCATED 1,100,000 - - - - - - - 1,100,000 Fire Station #4 - Design 600,000 - 285,616 285,616 135,048 150,568 - 337,939 (23,555) Fire Station #4 - Engine 1,250,000 - 117,557 117,557 90,344 19,498 7,714 1,132,443 7,714 Fire Station #4 - Ambulance 552,000 - 509,445 509,445 76,457 385,899 47,089 42,555 47,089 Fire Station #4 - Other Costs 400,000 - - - - - - 8,250 391,750 Total Facility Projects 24,326,060$ -$ 12,016,439$ 12,016,439$ 10,556,014$ 685,177$ 775,248$ 10,436,376$ 2,648,492$ Transfer Out - - - - - - - - - Total Expenditures 148,654,730$ -$ 82,611,256$ 82,611,256$ 42,149,388$ 40,754,374$ (292,507)$ 44,141,080$ 21,609,888$ REVENUE OVER (UNDER) EXPENDITURES (79,084,368)$ 9,039,908$ Beginning Fund Balance (Restricted for Capital Projects) October 1 77,609,702 77,609,702 Ending Fund Balance (Restricted for Capital Projects) Current Month (1,474,666)$ 86,649,610$ 29 Page 66 Item 5. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Year Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES Interest Income -$ -$ -$ 928,126$ Bond Proceeds - - - (344) Transfers In - 146,650 146,650 3,400,000 Transfers In - Impact Fee Funds - - - - Transfers In - Bond Funds - - - 1,887 Total Revenues -$ 146,650$ 146,650$ 4,329,669$ EXPENDITURES Lower Pressure Plane Pump Station Design 24,331,100$ -$ 16,204,853$ 16,204,853$ 7,452,293$ 8,886,255$ (133,696)$ 1,701,715$ 6,290,837$ Fishtrap Elevated St 5,807,553 - - - 841 - (841) 5,126,183 680,528 Custer Rd Meter Station/Water Line Relocation 3,869,563 - 826 826 48,276 - (47,450) 3,832,735 (11,448) Upper Doe Branch WW Line (Teel-PISD Stadium)25,000 - - - - - - - 25,000 DNT Water Line Relocation (US 380 - First St)146,650 - 146,650 146,650 837 145,813 - - - Water Line Relocation Frontier 400,000 - 398,239 398,239 237,520 164,538 (3,819) 2,041 (4,099) Total Water & Wastewater Projects 34,579,866$ -$ 16,750,568$ 16,750,568$ 7,739,767$ 9,196,607$ (185,806)$ 10,662,674$ 6,980,818$ Frontier Park/Preston Lakes Drainage 1,085,000$ -$ 148,379$ 148,379$ 148,379$ -$ -$ 648,022$ 288,599$ Old Town Regional Re 691,686 - - - (480) - 480 597,067 95,099 Old Town Regional Pond #2 385,000 - 17,114 17,114 - 17,114 - 31,210 336,677 Total Drainage Projects 2,161,686$ -$ 165,493$ 165,493$ 147,899$ 17,114$ 480$ 1,276,299$ 720,375$ Transfer out - - - - - - - - Total Expenses 36,741,552$ -$ 16,916,060$ 16,916,060$ 7,887,666$ 9,213,720$ (185,326)$ 11,938,972$ 7,701,193$ REVENUE OVER (UNDER) EXPENDITURES (16,769,410)$ (3,557,998)$ Beginning Fund Balance (Restricted for Capital Projects) October 1 40,601,835 40,601,835 Ending Fund Balance (Restricted for Capital Projects) Current Month 23,832,425$ 37,043,837$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT September 30, 2023 CAPITAL PROJECTS FUND-WATER/SEWER 30 Page 67 Item 5. TOWN OF PROSPER REPORT TO TOWN COUNCIL FY 2023 RESULTS OF FOURTH QUARTER ENDING SEPTEMBER 30, 2023 In compliance with the Town Charter, Town Management presents to the Council the following summary of the fourth quarter financial results. These results are presented on a cash/budgetary basis in which certain accruals including property taxes, sales tax, payroll, accounts payable etc. are recorded on a cash basis month by month to facilitate more tfmely financial reportfng and then at year end are recorded for the purposes of reportfng in the audited financial statements to reduce the difference between budget basis and GAAP (Generally Accepted Accountfng Principles) basis. In summary, both revenues and expenditures are within the expected ranges and no unexpected events have occurred that require significant changes in original projectfons. With 100% of the year now complete, results for the major operatfons of the funds with related commentary are: GENERAL FUND  Revenues total $47,576,294, or 100% of annual budget  Property Tax Collectfons are 101% of annual budget  Sales Tax Revenues are 99% of annual budget  Franchise Fees are 104% of annual budget, an increase of 3% from the prior year.  Building Permit Revenues are 85% of annual budget, a decrease of 9% from the prior year.  Expenditures total $50,342,532, or 93% of annual budget Revenues: It is common for a disproportfonate percentage of General Fund revenues to be received early in the year as our largest revenue-property taxes are due January 31st with many paying by the end of December to receive the income tax deductfon in the current calendar year. Sales tax revenue is slightly less than the budget due to the loss of a major sales taxpayer at the end of December 2021, but was offset by organic growth of new businesses over tfme. Many franchise fees are paid on a quarterly basis which creates a lag early in the year but organic growth is creatfng substantfal growth in receipts from the prior year. We antfcipate the final franchise revenues to be received in early December. Finally, Building Permits are below the 100% reference point due to higher mortgage rates slowing demand for new home starts. Due to this trend, building permit revenue is budgeted less in FY2024. Currently, however, this shortiall is offset by higher revenues elsewhere resultfng in total revenues to be within budget. Expenditures: Expenditures through the year are slightly less than the 100% reference point. We are contfnuing to work through the year-end process of closing operatfng PO’s. The remaining encumbrances are overwhelmingly capital related and projected to roll to FY2024. Page 68 Item 5. WATER & SEWER FUND  Revenues total $32,427,083, or 112% of annual budget and up 8% from prior year  Expenditures total $32,083,959, or 93% of annual budget and up 15% from prior year  Water purchases show an increase of 13% from prior year due to the rate and minimum demand increase from NTMWD. Revenues: Revenues at year-end have exceeded the amended budget, due to an extremely hot, dry summer. It should be noted that for FY 2023, a separate Solid Waste fund has been created with solid waste related revenues and expenses being excluded from the utflity fund and prior year numbers restated. Expenditures: Due to the “take or pay” fee structures of regional supplier’s, expenditures tend to have less seasonal variatfon than revenues. The expenditures have increased 13% due to the North Texas Municipal Water District Water Service Monthly Minimum payment increasing, from $596,439 to $884,485 per month. The FY2022 water purchases include an additfonal payment for exceeding our annual minimum demand. Debt service expenditures are down due to the early redemptfon of the 2012 CO’s in the prior year. SOLID WASTE FUND The Revenues and expenditures recorded reflect the terms of the current contract with the decision to issue a request for proposal and not renew the current contract. The $1,750,000 was budgeted for administratfon consistfng of $50,000 for an RFP consultant and $1.7 million for possible purchase of solid waste and recycling carts. Easing supply chain constraints make it possible now to order the carts in FY2024. IMPACT FEE REVENUES  Water Impact Fees total $3,788,872 which is 102% of annual budget  Wastewater Impact Fees total $2,793,838 which is 135% of annual budget  Street Impact Fees for East Thoroughfare Impact Fees total $2,319,056 which is 232% of annual budget (Prosper Brookhollow Apts Building 1 - $1,066,800)  Street Impact Fees for West Thoroughfare Impact Fees total $4,901,467 which is 123% of annual budget. Due to their nature impact fees can vary significantly throughout the year. West impact fees are primarily single family residentfal and are generated when a home builder takes out a permit for a single home. As such they will occur more evenly throughout the year. Large multf-family will be collected all at once. Mario Canizares Page 69 Item 5. Town Manager Page 70 Item 5. Page 1 of 1 To: Mayor and Town Council From: Chris Landrum, Finance Director Through: Mario Canizares, Town Manager Robert B. Scott, Deputy Town Manager Re: Acceptance and Approval of the 2023 Tax Roll Town Council Meeting – October 24, 2023 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon a resolution accepting and approving the 2023 Tax Roll. (CL) 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 2023 Tax Roll Summary with a total levy of $44,360,502.11. 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 documents as to form and legality. Attached Documents: 1. Resolution 2. 2023 Tax Roll Summary Town Staff Recommendation: Town Staff recommends that the Town Council approve the resolution accepting and approving the 2023 Tax Roll as provided by the Assessor. Proposed Motion: I move to approve the resolution accepting and approving the 2023 Tax Roll. FINANCE Page 71 Item 6. TOWN OF PROSPER, TEXAS RESOLUTION NO. 2023-XX A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ACCEPTING AND APPROVING THE 2023 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, 2023, and WHEREAS, a summary statement of said 2023 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 2023 Tax Roll as submitted by the Collin County Tax Assessor Collector. SECTION 3 The attached Exhibit A constitutes the official Town of Prosper 2023 Tax Roll, containing a tax levy of $44,360,502.11. 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 24TH DAY OF OCTOBER 2023. ___________________________________ David F. Bristol, Mayor ATTEST: ____________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: ____________________________________ Terrence S. Welch, Town Attorney Page 72 Item 6. Page 73 Item 6. Page 74 Item 6. Page 75 Item 6. Page 1 of 2 To: Mayor and Town Council From: Stuart Blasingame, Fire Chief Through: Mario Canizares, Town Manager Re: Emergency Warning System and Siren Upgrade Town Council Meeting – October 24, 2023 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon approving the purchase of a new Emergency Warning Siren and upgrading the complete Siren System utilizing The Interlocal Purchasing System (TIPS); and authorizing the Town Manager to execute the same. Description of Agenda Item: This purchase will provide for a new Emergency Warning Siren for the area to include Walnut Grove High School and would completely upgrade the existing emergency warning system utilizing The Interlocal Purchasing System (TIPS). 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 previously entered into an interlocal agreement with TIPS. Participation in the cooperative purchasing program allows our local government to purchase goods and services through the cooperative program, while satisfying all competitive bidding requirements. Budget Impact: The total expenditure for the new siren and the complete upgrade to the warning siren system is $296,886.64. This item would be funded from account 750-6110-10-00-2332-FC. Attached Documents: 1. Goddard Enterprises Quote Town Staff Recommendation: Town Staff recommends the purchase of a new Emergency Warning Siren and upgrading the complete Siren System utilizing The Interlocal Purchasing System (TIPS); and authorizing the Town Manager to execute the same. FIRE DEPARTMENT Page 76 Item 7. Page 2 of 2 Proposed Motion: I move to approve the purchase of a new Emergency Warning Siren and upgrading the complete Siren System utilizing The Interlocal Purchasing System (TIPS); and authorizing the Town Manager to execute the same. Page 77 Item 7. Page 78 Item 7. Page 79 Item 7. Page 80 Item 7. Page 81 Item 7. Page 82 Item 7. Page 83 Item 7. Page 1 of 2 To: Mayor and Town Council From: Doug Kowalski, Police Chief Through: Mario Canizares, Town Manager Re: TASER 7 Devices, Licenses, and Cartridges Purchase Town Council Meeting – October 24, 2023 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon approving the purchase of TASER 7 devices, licenses, and cartridges from Axon Enterprises, Inc. utilizing BuyBoard Contract #698-23; and authorizing the Town Manager to execute documents for the same. Description of Agenda Item: The Police Department’s FY24 operating budget includes funding for TASER 7 devices, licenses, and cartridges for nine additional police officer positions and the replacement of expiring TASER 7 devices. Axon Enterprise, Inc. is the sole vendor for this device, a self-defense device used by law enforcement. Budget Impact: FY24 Police Operations account #100-6140-20-01 Capital Expenditure-Equipment and account #100-5620-20-01 Tools & Equipment include funding for $16,483.32 per year. The Purchase Orders each Fiscal Year will utilize BuyBoard Contract #698-23. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Quote 2. BuyBoard Contract Town Staff Recommendation: Town Staff recommends the Town Council approve the purchase of TASER 7 devices, licenses, and cartridges from Axon Enterprises, Inc. utilizing BuyBoard Contract #698-23; and authorizing the Town Manager to execute documents for the same. Police Department Page 84 Item 8. Page 2 of 2 Proposed Motion: I move to approve the purchase of TASER 7 devices, licenses, and cartridges from Axon Enterprises, Inc. utilizing BuyBoard Contract #698-23; and authorizing the Town Manager to execute documents for the same. Page 85 Item 8. Page 86Item 8. Page 87Item 8. Page 88Item 8. Page 89Item 8. Page 90Item 8. Page 91Item 8. Page 92Item 8. Vendor Contract Information Summary Axon Enterprise Inc (TASER International)Vendor Sean LakeContact 480-515-6365Phone slake@axon.comEmail www.axon.comVendor Website 86-0741227TIN 17800 North 85th StreetAddress Line 1 ScottsdaleVendor City 85255Vendor Zip AZVendor State USAVendor Country 10Delivery Days FOB DestinationFreight Terms Payment terms comply withPayment Terms Freight prepaid by vendor and added to invoiceShipping Terms Common CarrierShip Via NoDesignated Dealer YesEDGAR Received NoService-disabled Veteran Owned NoMinority Owned NoWomen Owned NoNational YesNo Foreign Terrorist Orgs YesNo Israel Boycott NoMWBE All Texas RegionsESCs All StatesStates Public Safety and Firehouse Supplies and EquipmentContract Name 698-23Contract No. 04/01/2023Effective 03/31/2026Expiration YesAccepts RFQs All terms are included as attachments within our proposal.Return Policy 10/18/2023 7:46 AM Page 93 Item 8. Page 1 of 2 To: Mayor and Town Council From: Frank E. Jaromin, P.E., Director of Public Works Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Ferguson Enterprises Water & Wastewater Material Purchases Town Council Meeting – October 24, 2023 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon approving the purchase of miscellaneous water and wastewater materials from Ferguson Enterprises, LLC, utilizing BuyBoard contracts in the amount of $70,000; and authorizing the Town Manager to execute documents for the same. Description of Agenda Item: In order to maintain efficient and effective repairs and installations of our water and wastewater system, staff is asking for the approval of an annual purchase amount from Ferguson Enterprises, LLC. 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 interlocal participation agreements with the Texas Local Government Purchasing Cooperative (Buyboard). Participation in the cooperative purchasing program allow our local government to purchase goods and services through the cooperative program, while satisfying all competitive bidding requirements. Budget Impact: The annual purchase of water and wastewater materials is $70,000. Purchases will be funded from System Improvements, account 200-5670-50-02 and 200-5670-50-03. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. PUBLIC WORKS Page 94 Item 9. Page 2 of 2 Town Staff Recommendation: Town staff recommends approving the purchase of miscellaneous water and wastewater parts from Ferguson Enterprises, LLC, utilizing BuyBoard contracts; and authorizing the Town Manager to execute documents for the same. Proposed Motion: I move to approve the purchase of miscellaneous water and wastewater parts from Ferguson Enterprises, LLC, utilizing BuyBoard contracts up to $70,000; and authorize the Town Manager to execute documents for the same. Page 95 Item 9. Page 1 of 2 To: Mayor and Town Council From: Frank E. Jaromin, P.E., Director of Public Works Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Fortiline Water & Wastewater Material Purchases Town Council Meeting – October 24, 2023 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon approving the purchase of miscellaneous water and wastewater materials from Fortiline Waterworks, utilizing NCPA Contract Number 02-76; and authorizing the Town Manager to execute documents for the same. Description of Agenda Item: In order to maintain efficient and effective repairs and installations of our water and wastewater system, staff is asking for the approval of an annual purchase amount from Fortiline Waterworks. 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 interlocal participation agreements with the National Cooperative Purchasing Alliance (NCPA). Participation in the cooperative purchasing program allow our local government to purchase goods and services through the cooperative program, while satisfying all competitive bidding requirements. Budget Impact: The additional purchase of needed water and wastewater materials is $70,000. Purchases will be funded from System Improvements, account 200-5670-50-02. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Contract Cover Sheet PUBLIC WORKS Page 96 Item 10. Page 2 of 2 Town Staff Recommendation: Town staff recommends approving the purchase of miscellaneous water and wastewater materials from Fortiline Waterworks, utilizing NCPA Contract Number 02-76; and authorizing the Town Manager to execute documents for the same. Proposed Motion: I move to approve the purchase of miscellaneous water and wastewater materials from Fortiline Waterworks, utilizing NCPA Contract Number 02-76; and authorizing the Town Manager to execute documents for the same. Page 97 Item 10. Page 98 Item 10. Page 99 Item 10. Page 100 Item 10. Page 1 of 2 To: Mayor and Town Council From: Frank E. Jaromin, P.E., Director of Public Works Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Concrete Replacement Services Town Council Meeting – October 24, 2023 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon renewing Bid No. 2019-53-A for one year to Wopac Construction, Inc., as the primary vendor, and HQS Construction, LLC, as the secondary vendor, at the unit prices bid, to establish an annual fixed-price contract for Miscellaneous Concrete Replacement Services; and authorizing the Town Manager to execute same. Description of Agenda Item: The Public Works Department prepared a four-year program to repair streets, alleys, and sidewalks and has used this unit price contract for the last three years on larger projects. In order to accommodate these types of repairs, and to reduce staff time from bidding out separate projects, the Town developed specifications and solicited bids to establish an annual fixed-price contract for miscellaneous concrete replacement services to be performed within the Town of Prosper. Services to be performed include removal/installation of concrete pavement (streets, alleys and sidewalks), and other related items. On April 26, 2019, at 3:00 p.m., staff opened two (2) bids for Bid No. 2019-53-A Miscellaneous Concrete Replacement Services. Based on unit prices bid and estimated quantities, Wopac Construction, Inc., is the apparent low bidder and HQS Construction, LLC, is the apparent second low bidder. Staff recommends Wopac Construction, Inc., as the primary vendor and HQS Construction, LLC, as the secondary vendor. Both have very good reviews and have successfully completed paving projects in Prosper. The initial term of the contract was one year, with four optional one-year renewal periods. Budget Impact: The Town will only pay for actual installed quantities. The estimated expenditure for these services in FY 2024 is not to exceed $260,000.00. The funding source for this project is 100-5480-50-01 (Contracted Services) and 100-5485-50-01 (Contracted Services – Annual). PUBLIC WORKS Page 101 Item 11. Page 2 of 2 Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Wopac Bid Renewal Letter 2. HQS Bid Renewal Letter Town Staff Recommendation: Town staff recommends that the Town Council renew Bid No. 2019-53-A for one year to Wopac Construction, Inc., as the primary vendor, and HQS Construction, LLC, as the secondary vendor, at the unit prices bid, to establish an annual fixed-price contract for Miscellaneous Concrete Replacement Services; and authorize the Town Manager to execute same. Proposed Motion: I move to renew Bid No. 2019-53-A for one year to Wopac Construction, Inc., as the primary vendor, and HQS Construction, LLC, as the secondary vendor, at the unit prices bid, to establish an annual fixed-price contract for Miscellaneous Concrete Replacement Services; and authorize the Town Manager to execute same. Page 102 Item 11. Page 103 Item 11. Page 104 Item 11. Page 105 Item 11. Page 1 of 2 To: Mayor and Town Council From: Dan Baker, Parks and Recreation Director Through: Mario Canizares, Town Manager Robyn Battle, Executive Director Re: Median Maintenance Agreement Town Council Meeting – October 10, 2023 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon authorizing the Town Manager to execute a Contract for Services between the Town of Prosper and V&A Landscaping to provide median maintenance on US Highway 380 from Custer Road to Legacy Drive. Description of Agenda Item: The Town of Prosper, through the Purchasing Department, solicited proposals for the maintenance of medians located on US Highway 380, within the Town of Prosper and the City of Frisco. V&A Landscape has been awarded the contract through the evaluation criteria. The initial term of the contract will be one (1) year, with four (4) optional, one-year renewal periods. This is a cooperative procurement process, with the Town of Prosper serving as the lead agency on behalf of the Town of Prosper and the City of Frisco. The Town of Prosper will administer the contract on behalf of all entities, and process payments. It is understood that any reference to the “Town” throughout this document represents all entities. The Town of Prosper will invoice the City of Frisco for cost of services twice per Fiscal Year. Budget Impact: Funds will be provided through Contract Services, 100-5480-60-02. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Contract for Services with V&A Landscape and Lawn 2. Scoring Matrix PARKS AND RECREATION Page 106 Item 12. Page 2 of 2 Town Staff Recommendation: Town Staff recommends the Town Council authorize the Town Manager to execute a Contract for Services between the Town of Prosper and V&A Landscaping to provide median maintenance on US Highway 380 from Custer Road to Legacy Drive. Proposed Motion: Town Staff recommends the Town Council authorize the Town Manager to execute a Contract for Services between the Town of Prosper and V&A Landscaping to provide median maintenance on US Highway 380 from Custer Road to Legacy Drive. Page 107 Item 12. Contract for Services Version 05/22 RFP No. 2023-30-A Page 1 TOWN OF PROSPER CONTRACT FOR SERVICES RFP NO. 2023-30-A US HWY 380 MEDIAN MOWING AND MAINTENANCE This Contract is made by the Town of Prosper, Texas, a municipal corporation (“Town”) and V&A Landscape and Lawn (“Contractor”). The Town and Contractor agree: 1.EMPLOYMENT OF THE CONTRACTOR. The Town agrees to retain the Contractor, and the Contractor agrees to provide services relative to: US Hwy 380 Median Mowing and Maintenance (hereinafter referred to as “Services”) in connection with the terms and conditions as set forth in Exhibit A, attached hereto and incorporated by reference. 2.SCOPE OF SERVICES. The Services to be performed are specified in Exhibit A. Deviations from the scope of work may be authorized from time to time by the Town in writing. 3.SCHEDULE OF WORK. The Contractor agrees to begin work upon receipt of written authorization from the Town. Time is of the essence for this Contract and work is to commence immediately. 4.CONTRACT PERIOD. The contract period is for one (1) year from date of award of contract. All pricing is to remain firm during the contract period. The contract is renewable for up to four (4) additional one- year terms on an annual basis, if written notice of the intent to renew is provided to either party not less than sixty (60) days prior to the termination date. 5.COMPENSATION. Contractor’s total compensation for services to be performed and expenses to be incurred is specified in Exhibit B. 6.PAYMENTS. Payments will be processed on a monthly basis with payment available within thirty (30) days after receipt of the invoice for the previous month’s service or as set forth in Exhibit A. 7.INVOICING. Invoices should be prepared and submitted to the Town for payment in accordance with Exhibit A. Invoices should be mailed to Town of Prosper, Accounts Payable, P.O. Box 307, Prosper, TX 75078, or emailed to ap@prospertx.gov. 8.RIGHTS OF WITHHOLDING. The Town may withhold any payment or partial payment otherwise due the Contractor on account of unsatisfactory performance by the Contractor. The amount to be withheld will be calculated based on the work not performed and the impact to the Town. Any payment or partial payment that may be withheld for unsatisfactory performance can be used to remedy the lack of performance and will not be paid to the Contractor. 9.INFORMATION PROVIDED BY THE TOWN. Although every effort has been or will be made to furnish accurate information, the Town does not guarantee the accuracy of information it furnishes to Contractor. 10.INSURANCE. The Contractor shall provide proof that it has obtained and will continue to maintain throughout the duration of the Contract the insurance requirements set forth in Exhibit A. Failure to maintain the required insurance may result in immediate termination of the Contract. Page 108 Item 12. Contract for Services Version 05/22 RFP No. 2023-30-A Page 2 11.INDEMNIFICATION. As specified in Exhibit B. 12.TRANSFER OF INTEREST. Neither Town nor Contractor may assign or transfer its interests in the Contract without the written consent of the other party. Such consent shall not be unreasonably withheld. This Contract is binding on Town, Contractor, and their successors and assigns. Nothing herein is to be construed as creating a personal liability on the part of any Town officer, employee or agent. 13.AUDITS AND RECORDS. At any time during normal business hours and as often as the Town may deem necessary, the Contractor shall make available to the Town for examination all of its records with respect to all matters covered by the Contract and will permit the Town to audit, examine and make copies, excerpts, or transcripts from such records. The Town may also audit all contracts, invoices, payroll records of personnel, conditions of employment and other data relating to the Contract. 14.EQUAL EMPLOYMENT OPPORTUNITY. The Contractor shall not discriminate against any employee or applicant for employment because of age, race, color, religion, sex, national origin, disability or any other protected characteristic. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their age, race, color, religion, sex, national origin, disability or any other protected characteristic. Such actions shall include, but not be limited to the following: employment, promotions, demotion, transfers, recruitment or recruitment advertising, layoffs, terminations, selection for training (including apprenticeships), and participation in recreational activities. The Contractor agrees to post in conspicuous places, accessible to employees and applicants for employment, notices setting forth the provisions of the nondiscrimination clause. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by the Contract so that such provisions will be binding upon each subcontractor, except that the foregoing provisions shall not apply to contracts or subcontracts for customary office supplies. The Contractor shall keep records and submit reports concerning the racial and ethnic origin(s) of applicants employment and employees as the law may require. 15.TERMINATION OF CONTRACT. Town may terminate this Contract upon sixty (60) days’ written notice to Contractor, except in the event (i) Contractor is in breach of this Contract or (ii) Contractor fails to comply with the terms of Exhibit A. If either of the foregoing conditions exists, Town shall notify Contractor and Contractor shall be given two (2) days to cure such breach or failure to comply. Should Contractor fail to cure to the satisfaction of the Town, Town may terminate this Contract upon written notice. Furthermore, the Town retains the right to terminate this Contract at the expiration of each Town budget period (September 30) during the term of this Contract, even without prior notice as described in the preceding sentence. Page 109 Item 12. Contract for Services Version 05/22 RFP No. 2023-30-A Page 3 In the event of any termination hereunder, Contractor consents to Town’s selection of another Contractor to assist the Town in any way in completing the Services. Contractor further agrees to cooperate and provide any information requested by Town in connection with the completion of the Services. Contractor shall be compensated for Services performed and expenses incurred for satisfactory work up to the termination date in that Contractor shall receive a portion of fees and expenses permitted under this Contract in direct proportion to percentage of work actually completed up to the termination date. This provision shall not deprive the Town of any remedies against Contractor that may be available under applicable law. 16.CONTRACTOR’S REPRESENTATIONS. Contractor hereby represents to Town that Contractor is financially solvent and possesses sufficient experience, licenses, authority, personnel, and working capital to complete the Services required. 17.TOWN APPROVAL FOR ADDITIONAL WORK. No payment, of any nature whatsoever, will be made to Contractor for additional work without the Town’s written approval before such work begins. 18.PERFORMANCE BY CONTRACTOR. All Services provided by the Contractor hereunder shall be performed in accordance with the highest professional standards and in accordance with Exhibit A, and Contractor shall be responsible for all Services provided hereunder whether such services are provided directly by Contractor or by any subcontractors hired by Contractor. The Contractor shall perform all duties and Services and make all decisions called for hereunder promptly and without unreasonable delay. Contractor shall not utilize subcontractors to perform Services without the Town’s prior written consent. 19.DAMAGE. In all instances where Town property and/or equipment is damaged by the Contractor’s employees, a full report of the facts, extent of the damage and estimated impact on the Contractor’s schedule shall be submitted to the Town by 8 a.m. of the following Town business day after the incident. If damage may result in further damages to the Town or loss of Town property, the Contractor must notify Police Dispatch immediately. The Contractor shall be fully liable for all damage to Town property or equipment caused by the Contractor’s officers, employees or agents. 20.TOWN OBJECTION TO PERSONNEL. If at any time after entering into this Contract, Town has any reasonable objection to any of Contractor’s personnel, or any personnel retained by Contractor, then Contractor shall promptly propose substitutes to whom the Town has no reasonable objection, and the Contractor’s compensation shall be equitably adjusted to reflect any difference in the Contractor’s costs occasioned by such substitution. 21.COMPLIANCE WITH LAWS. The contractor warrants and covenants to the Town that all Services will be performed in compliance with all applicable federal, state, county and Town laws, rules, and regulations including, but not limited to, the Texas Industrial Safety and Health Act and the Workers Right-to-Know Law. All necessary precautions shall be taken to assure that safety regulations prescribed by OSHA and the Town’s representative are followed. 22.“ANTI-ISRAEL BOYCOTT” PROVISION. In accordance with Chapter 2270, Texas Government Code, a Texas governmental entity may not enter into a contract with a company for the provision of goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Page 110 Item 12. Contract for Services Version 05/22 RFP No. 2023-30-A Page 4 Israel; and (2) will not boycott Israel during the term of the contract. Chapter 2270 does not apply to a (1) a company that is a sole proprietorship; (2) a company that has fewer than ten (10) full-time employees; or (3) a contract that has a value of less than One Hundred Thousand Dollars ($100,000.00). Unless the company is not subject to Chapter 2270 for the reasons stated herein, the signatory executing this Contract on behalf of the company verifies by its signature to this Contract that the company does not boycott Israel and will not boycott Israel during the term of this Contract. 23.NON-BINDING MEDIATION. In the event of any disagreement or conflict concerning the interpretation of this Contract, and such disagreement cannot be resolved by the Town and the Contractor, the Town and Contractor agree to submit such disagreement to non-binding mediation. 24.ENTIRE CONTRACT. This instrument together with Exhibit A attached hereto contains the entire Contract between the Town and Contractor concerning the Services. There will be no understandings or contracts other than those incorporated herein. The Contract may not be modified except by an instrument in writing signed by the parties hereto. In the event of a conflict between an attachment to this Contract and this Contract, this Contract shall control. 25.MAILING ADDRESSES. All notices and communications concerning this Contract to be mailed or delivered to the Town shall be sent to the address of the Town as follow, unless and until the Contractor is otherwise notified: Town of Prosper Attn: Jay Carter, Purchasing Manager P.O. Box 307 Prosper, TX 75078 jcarter@prospertx.gov All notices and communications under this Contract to be mailed or delivered to the Contractor shall be sent to the address listed below until the Town is otherwise notified: V&A Landscape and Lawn Attn: Vincenzo Pascale 8287 Falcon Ct. Prosper, TX 75078 valandscapeandlawn@gmail.com Any notices and communications required to be given in writing by one party or the other shall be considered as having been given to the addressee on the date in the notice or communication is placed in the United States Mail or hand-delivered. 26.LEGAL CONSTRUCTION. If any one or more of the provisions contained in the Contract for any reason is held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been included. Page 111 Item 12. Page 112 Item 12. 2023-30-A US Hwy 380 Median Mowing and Maintenance Issue Date:7/23/2023 Questions Deadline:8/1/2023 12:00 PM (CT) Response Deadline:8/8/2023 02:00 PM (CT) Contact Information Contact:Jay Carter Purchasing Manager Address:Purchasing Office Town Hall 3rd Floor 250 W. First St. P.O. Box 307 Prosper, TX 75078 Phone:(972) 569-1018 Email:jcarter@prospertx.gov Deadline: 8/8/2023 02:00 PM (CT)2023-30-APage 1 of 8 pages Page 113 Item 12. Event Information Number:2023-30-A Title:US Hwy 380 Median Mowing and Maintenance Type:Request for Proposals Issue Date:7/23/2023 Question Deadline:8/1/2023 12:00 PM (CT) Response Deadline:8/8/2023 02:00 PM (CT) Notes: The Town of Prosper is soliciting proposals for the maintenance of medians located on US Hwy 380, within the Town of Prosper and the City of Frisco, as described in the following specifications. The initial term of the contract will be one (1) year, with four optional, one-year renewal periods. The contract will be awarded to the vendor(s) providing the best value, as determined by the evaluation criteria as stated herein. This is a cooperative procurement process, with the Town of Prosper serving as the lead agency on behalf of the Town of Prosper and the City of Frisco. The Town of Prosper will administer the contract on behalf of both entities, and process payments. It is understood that any reference to the “Town” throughout this document is representative of both entities. The cycle frequencies stated herein are an accurate reflection of the Town’s anticipated needs. However, these are estimates, and not a commitment. Furthermore, based on need and budget contingencies, cycle frequencies may be adjusted at any time during the contract period. At no time will adjustments to the prices offered be imposed on the Town. Prices will be held firm during the contract period. The successful vendor will be required to execute a service contract. A sample of a service contract is attached to this RFP in IonWave. The questions deadline is August 1, 2023, at 12:00PM. The RFP is due on August 8, 2023, by 2:00PM and must be submitted through Ionwave. Microsoft Teams meeting Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 254 228 781 421 Passcode: Kj82XZ Ship To Information Contact:Jay Carter, Purchasing Manager Address:Purchasing Office Town Hall 3rd Floor Billing Information Contact:Accounts Payable Address:Finance Town Hall 3rd Floor Deadline: 8/8/2023 02:00 PM (CT)2023-30-APage 2 of 8 pages Page 114 Item 12. 250 W. First St. P.O. Box 307 Prosper, TX 75078 Phone:(972) 569-1018 Email:jcarter@prospertx.gov 250 W. First St. P.O. Box 307 Prosper, TX 75078 Phone:(972) 569-1017 Email:ap@prospertx.gov Bid Attachments 2023-30-A 380 Mowing and Maintenance RFP.pdf Download 2023-30-A 380 Mowing and Maintenance RFP CIQ-2021.pdf Download Conflict of Interest Questionnaire Standard Contract for Services Version 05-25-2022.docx Download Standard Contract for Services Version Exhibit B - Insurance Requirements for General Services R7-25-19.pdf Download Exhibit B - Insurance Requirements for General Services Standard Terms and Conditions for Procurements V 4-24-20.pdf Download Standard Terms and Conditions for Procurements References Worksheet - fillable.pdf Download References Worksheet - fillable Machinery and Equipment List Worksheet.pdf Download Machinery and Equipment List Worksheet Vendor Information Form.pdf Download Vendor Information Form Requested Attachments CIQ-2021 (Conflict of Interest Form) (Attachment required) CIQ-2021 (Conflict of Interest Form) Bid Attributes 1 Terms and Conditions Acknowledgement I have read, understand and agree to all terms and conditions contained in this solicitation. I Agree (Required: Check if applicable) Deadline: 8/8/2023 02:00 PM (CT)2023-30-APage 3 of 8 pages Page 115 Item 12. 2 Certification By checking this box, submitter hereby certifies that he/she understands the specifications, has read the document in its entirety and that the prices contained in this bid/proposal have been carefully reviewed and are submitted as correct and final. Vendor further certifies and agrees to furnish any or all products/services upon which prices are extended at the price offered, in accordance with the terms and conditions contained herein. Vendor agrees that acceptance of any or all items by the Town of Prosper, Texas, within the time frame indicated in this solicitation, constitutes a contract. The individual submitting this bid/proposal certifies that he/she is a legal agent of the company, authorized to submit on behalf of the company, and is legally responsible for the decisions as to the prices and supporting documentation provided. I Agree (Required: Check if applicable) 3 Addendum No. 1 By checking this box, vendor acknowledges receipt and understanding of Addendum No. 1 (if issued by the Town of Prosper). I Agree (Optional: Check if applicable) 4 Addendum No. 2 By checking this box, vendor acknowledges receipt and understanding of Addendum No. 2 (if issued by the Town of Prosper). I Agree (Optional: Check if applicable) 5 Addendum No. 3 By checking this box, vendor acknowledges receipt and understanding of Addendum No. 3 (if issued by the Town of Prosper). I Agree (Optional: Check if applicable) Bid Lines 1 Turf Maintenance Service Quantity:24 UOM:EA Unit Price:$Total:$ Supplier Notes: No bid Alternate specification (Attach separate sheet) Additional notes (Attach separate sheet) 2 Litter and Debris removal for all non-mowing days (52 weeks x 3 times per week=156-31 mowing days = 125) Quantity:125 UOM:EA Unit Price:$Total:$ Supplier Notes: No bid Alternate specification (Attach separate sheet) Additional notes (Attach separate sheet) Deadline: 8/8/2023 02:00 PM (CT)2023-30-APage 4 of 8 pages Page 116 Item 12. 3 Trim Shrubs and Groundcover price per service Quantity:1 UOM:EA Unit Price:$Total:$ Supplier Notes: No bid Alternate specification (Attach separate sheet) Additional notes (Attach separate sheet) 4 Apply 2 pre-emergent treatments Quantity:2 UOM:EA Unit Price:$Total:$ Supplier Notes: No bid Alternate specification (Attach separate sheet) Additional notes (Attach separate sheet) 5 Apply 2 post-emergent treatments Quantity:2 UOM:EA Unit Price:$Total:$ Supplier Notes: No bid Alternate specification (Attach separate sheet) Additional notes (Attach separate sheet) 6 Maintain 3-inches of mulch in all beds once per year Quantity:1 UOM:YR Unit Price:$Total:$ Supplier Notes: No bid Alternate specification (Attach separate sheet) Additional notes (Attach separate sheet) 7 Price per hour for Main Line Leak - Irrigation Quantity:1 UOM:HR Unit Price:$Total:$ Supplier Notes: No bid Alternate specification (Attach separate sheet) Additional notes (Attach separate sheet) Deadline: 8/8/2023 02:00 PM (CT)2023-30-APage 5 of 8 pages Page 117 Item 12. 8 Price per hour for Lateral Line Leak - Irrigation Quantity:1 UOM:HR Unit Price:$Total:$ Supplier Notes: No bid Alternate specification (Attach separate sheet) Additional notes (Attach separate sheet) 9 Price per hour for Broken Sprinkler Head - Irrigation Quantity:1 UOM:HR Unit Price:$Total:$ Supplier Notes: No bid Alternate specification (Attach separate sheet) Additional notes (Attach separate sheet) 1 0 Price per hour for Wire Break and/or Locate - Irrigation Quantity:1 UOM:HR Unit Price:$Total:$ Supplier Notes:No bid Alternate specification (Attach separate sheet) Additional notes (Attach separate sheet) 1 1 All Stations Monthly Check Quantity:1 UOM:EA Unit Price:$Total:$ Supplier Notes: No bid Alternate specification (Attach separate sheet) Additional notes (Attach separate sheet) 1 2 Percentage of markup over cost for supplies and parts used for irrigation repair Quantity:1 UOM:Percentage Unit Price:$Total:$ Supplier Notes: No bid Alternate specification (Attach separate sheet) Additional notes (Attach separate sheet) Deadline: 8/8/2023 02:00 PM (CT)2023-30-APage 6 of 8 pages Page 118 Item 12. Item Attributes 1.Percentage Markup Over Cost for Irrigation Parts and Supplies Percentage Markup Over Cost for Irrigation Parts and Supplies % (Required) 1 3 Once per year tree well mulch for 97 trees Quantity:1 UOM:EA Unit Price:$Total:$ Supplier Notes: No bid Alternate specification (Attach separate sheet) Additional notes (Attach separate sheet) 1 4 Once per year for bed areas - mulch for 27 beds Quantity:1 UOM:EA Unit Price:$Total:$ Supplier Notes: No bid Alternate specification (Attach separate sheet) Additional notes (Attach separate sheet) 1 5 Tree Replacement - Labor Only per hour (Town will provide trees) Quantity:1 UOM:HR Unit Price:$Total:$ Supplier Notes: No bid Alternate specification (Attach separate sheet) Additional notes (Attach separate sheet) 1 6 Replacement of landscape plants in beds - per hour labor cost only (Town will provide plants) Quantity:1 UOM:HR Unit Price:$Total:$ Supplier Notes: No bid Alternate specification (Attach separate sheet) Additional notes (Attach separate sheet) Deadline: 8/8/2023 02:00 PM (CT)2023-30-APage 7 of 8 pages Page 119 Item 12. Supplier Information Company Name: Contact Name: Address: Phone: Fax: Email: Supplier Notes By submitting your response, you certify that you are authorized to represent and bind your company. Print Name Signature Deadline: 8/8/2023 02:00 PM (CT)2023-30-APage 8 of 8 pages Page 120 Item 12. Town of Prosper Request for Proposal No. 2023-30-A US Hwy 380 Median Mowing and Maintenance I.Introduction The Town of Prosper is soliciting proposals for the maintenance of medians located on US Hwy 380, within the Town of Prosper and the City of Frisco, as described in the following specifications. The initial term of the contract will be one (1) year, with four optional, one-year renewal periods. The contract will be awarded to the vendor(s) providing the best value, as determined by the evaluation criteria as stated herein. This is a cooperative procurement process, with the Town of Prosper serving as the lead agency on behalf of the Town of Prosper and the City of Frisco. The Town of Prosper will administer the contract on behalf of both entities, and process payments. It is understood that any reference to the “Town” throughout this document is representative of both entities. The cycle frequencies stated herein are an accurate reflection of the Town’s anticipated needs. However, these are estimates, and not a commitment. Furthermore, based on need and budget contingencies, cycle frequencies may be adjusted at any time during the contract period. At no time will adjustments to the prices offered be imposed on the Town. Prices will be held firm during the contract period. The successful vendor will be required to execute a service contract. A sample of a service contract is attached to this RFP in IonWave. The questions deadline is August 1, 2023, at 12:00PM. The RFP is due on August 8, 2023, by 2:00PM and must be submitted through Ionwave. Microsoft Teams meeting Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 254 228 781 421 Passcode: Kj82XZ II.Scope of Services The successful vendor shall perform all services in accordance with the following conditions, at the locations outlined in Exhibit A: A.Turf Maintenance 1.All turf areas will be mowed, edged, trimmed and blown for each scheduled cycle during the growing season, and as needed during the non-growing season. 2.All major turf areas will be mowed with commercial walk-behind and riding mowers. 3.In areas where heavier equipment could potentially damage the turf, line trimmers will be operated. 4.Pre-emergent will be applied once in the Fall and once in the Spring. Post-emergent will Page 121 Item 12. be applied 3 to 4 times throughout the growing season. B.Edging 1.All edging of curbs will be performed with a gas-powered steel blade, for each scheduled cycle during the growing season, and as needed during the non-growing season. C.Trash and Debris Removal 1.All trash and debris, regardless of size, quantity, or type, shall be removed from all turf and bed areas, in conjunction with each scheduled turf maintenance cycle during the growing season, and as needed during the non-growing season. Trash is to be removed prior to mowing. D. Beds 1.Beds should be de-weeded, shrubbery/bushes trimmed as needed, ant treatment applied, maintain 3-inches of mulch in all beds, pre-emergent and post-emergent applied when applicable, and trees maintained. E.Sprinkler Repair 1.The proposer will be responsible for repairing any leaks found by the proposer as soon as possible after getting approval from the Town representative. F.Other Conditions 1.Unless otherwise instructed, the successful vendor(s) shall accomplish all tasks listed on a regular schedule, as agreed upon by the proposer and the department representative. Any variance from the prescribed schedule will require a minimum of twenty-four hour advance notification to the designated department representative. All mowing is to be accomplished Monday through Saturday, between the hours of 7am-7pm, weather permitting. It will be considered a breach of the contract if the schedule is repeatedly missed. 2.The successful vendor(s) will be required to send an e-mail to a designated Town department representative to report proposed schedules and work accomplished every week that maintenance is accomplished under this agreement. The vendor will be responsible for notifying Town personnel when they are onsite. Failure to follow this will result in a no payment for that week. 3.The successful vendor(s) shall set mowing equipment to a height no less than 2 ½” unless otherwise instructed by the designated Town department representative. All changes in the mowing height are to be approved by the Town department representative. In an effort not to bag lawn clippings, mulching mowers are preferred over mowers that throw clippings into rows. 4.The successful vendor(s) shall be responsible for any damage done to plant material or other property during the maintenance operation. The successful vendor(s) shall be responsible for replacement of all trees, shrubs, ground covers, plant bed areas, and Page 122 Item 12. irrigation equipment destroyed by the successful vendor(s), employees or agents of the successful vendor(s) during maintenance operations, including labor costs associated with the repair(s). Trees and shrubs must not be bumped or marked by mowing or edging equipment. Mulch rings shall be reshaped within twenty-four hours when dislodged by mowing equipment. The successful vendor(s) must report damage immediately to the designated Town department representative. Damage to trees or tree collars will be assessed at $20.00 for each instance. The successful vendor(s) will not be permitted to mow within 18" of each tree in order to avoid damage to trees. 5.If the mowing and/or bed maintenance is unsatisfactory, the Town reserves the right to reduce payment by 50%. 6.The successful vendor(s) shall furnish all supplies, tools, and equipment to be used on the job. 7.The successful vendor(s) shall comply with all applicable governmental laws and regulations. 8.The Town shall not be liable for any loss or damage sustained by the successful vendor(s). The successful vendor(s) shall save the Town whole and harmless from any and all claims for liability or damage of whatsoever nature and kind, including cost of court and attorney's fees, suffered or asserted to have been suffered by any person or to any property of any person whomsoever, growing out of or resulting from or in any way connected with the performance of work under this agreement. The successful vendor(s) shall exercise every necessary precaution for the safety of the worksite and the protection of any and all persons and/or property located adjacent to or making passage through the work site. 9.The successful vendor(s) shall fill out invoice forms for monthly payments. 10.The successful vendor(s) shall operate as an independent contractor and not as an agent, representative, partner, or employee of the Town, and shall control the operations at the work site, and be solely responsible for the acts of omissions of the successful vendor(s) employees or agents. 11.Unit prices are to reflect the charges for mowing and associated tasks at each location. 12.A proposal constitutes understanding and acceptance of all terms, conditions, instruction, glossary, specifications, forms, and statements contained in this proposal document. 13.The successful vendor(s) shall exercise extreme caution while working on medians, roadsides, and high traffic areas. TX DOT approved safety vests, traffic cones, and "men working" signage are required when crews are working in any traffic situations. 14.The Town representatives reserves the right to cancel scheduled mowing cycles on a week-to-week basis, based upon need, prevailing weather conditions, and available funding. 15.The service will be monitored by the Town of Prosper Park and Recreation staff. Contact information will be provided to the successful vendor(s). Page 123 Item 12. 16.Responses shall include a complete "list of machinery and equipment available" in order to determine whether or not the vendor can adequately perform the necessary work. All equipment the vendor anticipates committing to this contract, if awarded, should be included on the Machinery and Equipment Worksheet (Attachment B). Past experience has shown that it is absolutely essential to have adequate back-up equipment in reserve to allow for breakdowns. a.Insufficient and/or inadequate equipment as determined by the Town is cause for rejection of a proposal. b.All mowers will be finish mowers. c.No tractor drawn mowers will be allowed, unless approved by Parks and Recreation staff. d.Contractor equipment must be maintained in good operating condition and in sufficient quantities to adequately perform all services. e.The contractor is responsible for performing scheduled maintenance on all equipment used for the contract. As part of his proposal the contractor must submit proof of an active Preventative Maintenance Equipment Program. Proof of an active and successful Preventative Maintenance Program will be used in evaluation of the proposal. 17.It is mandatory that a review of the contracted area be conducted prior to award of contract. The review shall be attended by the recommended vendor(s) and the Town department representative. 18.Ozone Alert Days: On ozone alert days, vendor(s) is required to refrain from mowing until after 10 A.M., unless diesel powered equipment is used. The North Texas Clean Air Coalition offers an ozone alert hotline at 1-800-960-4247. This number can be called daily for current ozone conditions. It is the responsibility of the successful bidder to be aware of ozone alert conditions. Failure to comply with these standards will be grounds for the following: a.The first offense will result in a verbal warning. b.The second offense will result in a written warning. c.The third offense will result in contract termination. 19.After abundant rainfall, it may be necessary to mow selected areas twice per week in lieu of the specified once per week. Town personnel will determine if needed. 20.Hazardous Conditions a.The successful vendor(s) will be required to notify the Town department representative immediately of any hazardous conditions and/or damaged Town property prior to leaving the work site. Contact information will be provided to the Page 124 Item 12. successful vendor(s). 21.Concurrent Contracts a.In the event that any one vendor shall receive contracts for mowing in more than one project area, work shall proceed simultaneously in all such areas assigned. 22.Supervision of Work Crew a.The successful vendor(s) shall provide supervision of all work crews at all times while performing work under this contract. b.Personal supervision is not required, provided that communication equipment or other means are provided that enable the work crew to communicate with the successful vendor(s) at all times. c.Each work crew shall have a designated person on the work site that has the authority to respond to inquiries about work details or priorities in English. d.The successful vendor(s) shall provide the Town department representative with the name and phone number of a designated contact person available during normal business hours. 22.Safety Program a. The vendor(s) should have an established on-going safety training program that addresses issues such as proper safety equipment, equipment operating procedures, general safety awareness, etc. 23.Additional Reporting and Notifications a.A chemical record sheet will be provided to the Town once a month showing amounts/rates/types of products used. b.A 72-hour notice of chemical application will need to be emailed to all of the contacts for the Town. The Town will need to be onsite to verify application of chemicals. c.A call or text to the list of people in the Town responsible for oversight of this contract will be required when the vendor is on site. Failure to comply with this step will result in a no show/no pay for that period. d.In the event that a leak is found in the irrigation system in the medians, the vendor must immediately report it to the Town. III.Glossary of Terms A.Mowing project area shall refer to specific geographic area(s) of the Town designated to receive Page 125 Item 12. specified mowing and related services. B.Maintenance schedule shall mean the time periods established by the Town for the project year within which all prescribed maintenance activities for each area shall be completed. The successful bidder and area Inspector will agree on a regular day and time for maintenance at each location. If the successful bidder expects to vary from the schedule, he/she shall notify area Inspector 24 hours in advance, so work completion can be inspected in a timely manner. C.Concurrent shall refer to all mowing, trimming, edging, and litter removal on any given item being completed on the same day. Should a given area be too large to complete in a single day, any areas that have been mowed must be trimmed, edged, and litter removed on the same day the mowing occurs. D.Monthly billing cycle shall refer to each time period in the mowing schedule for the project year. Each time period is defined by a beginning and ending date, in which all prescribed maintenance activities for each area shall be completed. E.Inclement weather shall mean rainy weather or when the condition of the soil is such that the rutting of property will not allow cutting of grass to be accomplished satisfactorily. F.Trash and litter shall mean any debris, regardless of size or type, within the mowing project area such as paper, cans, bottles, limbs, rocks, etc., which is not intended to be present as part of the landscape. Inclusive of the entire project area including streets, sidewalks, curbs, hillsides, ditches, etc. (Where tree/brush/shrub lines or mowing edge determines the area, the successful bidder will extract litter an additional three (3) feet. Where tree/brush/shrub lines are in front of fence the fence will be the determining boundary). Removal of debris will require sweeping of hard surface areas such as sidewalks. G.Trimming shall refer to the cutting or removal of all plant materials immediately adjacent to or under Town structures, trees, poles, tables, signs, fences, shrub beds, or other structures. H.Edging shall refer to the vertical removal of any and all plant material which encroaches over or onto sidewalks, curbs, steps, driveways, and pavements. Edges shall be vertical, minimum depth of 1", and minimum width of 1/4". This task must be done neatly to present a clean, crisp appearance, having a smooth line. Line trimmer accepted along fences and poles. I.Monofilament Trimming shall refer to trimming grass around fences, buildings, tree wells and posts. Do not directly use around the trunks of trees. IV.Insurance ALL RESPONDENTS must submit, with the bid, proof of insurance coverage as stipulated in Exhibit B.Proof shall be by submission of copies of current policies or current Certificates of Insurance, including the effective dates of coverage. Prior to the execution of this contract, the successful firm will supply the Purchasing Office with an original certificate of insurance evidencing the stated requirements. This insurance shall be effective for the contract duration and renewal certificates shall also be supplied upon expiration. V.Questions Deadline Page 126 Item 12. The Town of Prosper requires that all questions relating to this bid be submitted in writing to Stephanie Mays, at purchasing@prospertx.gov or through IonWave by 12:00pm on Tuesday, August 1, 2023. No questions will be answered over the phone. Questions in regard to the specifications will only be accepted until the stated deadline. VI.Submittals The preferred method for submissions is through IonWave. Submittals will be due on August 8, 2023, by 2:00PM. The names of the vendors that have submitted responses to the RFP will be read at 3:00PM. The link below will provide access to the response reading. No pricing will be read as there are other criteria that have to be considered. Microsoft Teams meeting Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 254 228 781 421 Passcode: Kj82XZ In order for your proposals to be considered responsive, the following information should be submitted with your proposal: A.Pricing Worksheet (Attachment A) B.Machinery and Equipment Worksheet (Attachment B) 1.List the type of equipment to be utilized to service the contract, including the age of equipment. 2.Provide details of established Preventative Equipment Maintenance Program C.Vendor Information Worksheet (Attachment C) D.Work History and References Provide a minimum of three (3) current references for the same or similar service as described in this proposal document, preferably for a municipality. Please provide the following information for each reference provided on the References Worksheet (Attachment D): 1.Company Name 2.Contact Person 3.Company Address 4.Contact Phone Number 5.Contact Fax Number 6.Effective Dates 7.Description of Services E.Additional Information Page 127 Item 12. Include any additional information that you feel will assist the Town in the selection process. F.Additional Forms 1.Proof of Insurance 2.Certification Form VII.Evaluation Criteria A review committee will judge the merit of proposals received in accordance with the requirements defined herein. Failure of vendor to provide in their proposal any information requested in this CSP may result in disqualification of the proposals. The sole objective of the review committee will be to select the proposal that provides the best value to the Town of Prosper. The contract will be awarded based on the following evaluation criteria: A.Cost as evidenced in VI. Submittals, Section A. (30%) B.Equipment as evidenced in VI. Submittals, Section B. (15%) C.Staffing as evidence in VI. Submittals, Section C. (20%) D.Work History and References as evidenced in VI. Submittals, Section D. (20%) E.Ability to meet the Town's needs, as evidenced in VI. Submittals, all sections (15%) Page 128 Item 12. Denton Co. Line Custer Rd. EXHIBIT A Mowing and other services start at Custer and 380 and end at Legacy and 380 Page 129 Item 12. EXHIBIT B INSURANCE REQUIREMENTS GENERAL SERVICES Services performed on Town property, including but not limited to: Installation, Landscape, Maintenance, Custodial, Electrical, Painting, Welding, Plumbing, Transportation, Street Sweeping, Fireworks, Moving, Uniforms, Concessions, etc. Vendor shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the vendor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be borne by the vendor. A certificate of insurance meeting all requirements and provisions outlined herein shall be provided to the Town prior to any services being performed or rendered. Renewal certificates shall also be supplied upon expiration. A.MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1.ISO Form Number GL 00 01 (or similar form) covering Commercial General Liability. “Occurrence” form only, “claims made” forms are unacceptable. 2.Workers Compensation insurance as required by the Labor Code of the State of Texas, including Employers’ Liability Insurance. 3.Automobile Liability as required by the State of Texas, covering all owned, hired, or non-owned vehicles. Automobile Liability is only required if vehicle(s) will be used under this contract. B. MINIMUM LIMITS OF INSURANCE Vendor shall maintain limits throughout contract not less than: 1.Commercial General Liability: $500,000 per occurrence / $1,000,000 in the aggregate for third party bodily injury, personal injury and property damage. Policy will include coverage for: a.Premises / Operations b.Broad Form Contractual Liability c.Products and Completed Operations d.Personal Injury e.Broad Form Property Damage 2.Workers Compensation and Employer’s Liability: Workers Compensation limits as required by the Labor Code of the State of Texas and Statutory Employer’s Liability minimum limits of $100,000 each accident, $300,000 Disease - Policy Limit, and $100,000 Disease – Each Employee. 3.Automobile Liability: $500,000 Combined Single Limit. Limits can only be reduced if approved by the Town. Automobile liability shall apply to all owned, hired, and non-owned autos. C. DEDUCTIBLES AND SELF-INSURED RETENTIONS Any deductible or self-insured retention in excess of $10,000 must be declared to and approved by the Town. D. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain the following provisions: 1.General Liability and Automobile Liability Coverages: a.The Town, its officers, officials, employees, boards and commissions and volunteers are to be added as “Additional Insured’s” relative to liability arising out of activities performed by or on behalf of the vendor, products and completed Page 130 Item 12. operations of the vendor, premises owned, occupied or used by the vendor. The coverage shall contain no special limitations on the scope of protection afforded to the Town, its officers, officials, employees or volunteers. b.The vendor’s insurance coverage shall be primary insurance in respects to the Town, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Town, its officers, officials, employees or volunteers shall be in excess of the vendor’s insurance and shall not contribute with it. c.Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town, its officers, officials, employees, boards, and commissions or volunteers. d.The vendor’s insurance shall apply separately to each insured against whom the claim is made or suit is brought, except to the limits of the insured’s limit of liability. 2.Workers Compensation and Employer’s Liability Coverage: The insurer shall agree to waive all rights of subrogation against the Town, its officers, officials, employees and volunteers for losses arising from work performed by the vendor for the Town. 3.All Coverages: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled or non-renewed by either party, reduced in coverage or in limits except after 30 days written notice to the Town for all occurrences, except 10 days written notice to the Town for non-payment. E.ACCEPTABILITY OF INSURERS The Town prefers that insurance be placed with insurers with an A.M. Best’s rating of no less than A- VI, or better. F.VERIFICATION OF COVERAGE Upon award of contract the Vendor shall provide the Town certificates of insurance indicating the coverages required. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of Insurance similar to the ACORD Form are acceptable. Town will not accept Memorandums of Insurance or Binders as proof of insurance. The Town reserves the right to require complete, certified copies of all required insurance policies at any time. Page 131 Item 12. Attachment A Pricing Worksheet US Hwy 380 Median Maintenance Base Proposal Jan Feb March April May June July Aug Sept Oct Nov Dec Total: 1.Turf Maintenance(Including Trash & Debris Removal)2* 2* 2 4 4 4 2 2 2 2 2 2* 30 The cycle frequencies stated herein are an accurate reflection of the Town’s anticipated needs. However, these are estimates, and not a commitment. Furthermore, based on need and budget contingencies, cycle frequencies may be adjusted at any time during the contract period. At no time will adjustments to the prices offered be imposed on the Town. Prices will be held firm during the contract period. *Trash and debris removal only Base Proposal 1.Turf Maintenance All turf areas will be mowed, edged, trimmed and blown one (1) time per cycle during the growing season, per the schedule above. Price per cycle to include litter and debris removal service on same day. If additional cycles are necessary during growing or non-growing seasons, the same services will be performed by the end of the next day following the request, at the per cycle rate proposed. Total Cost for Turf Maintenance: $ x 24 = Annual Cost: $ 2.Trash and Debris Removal Trash and debris removal service for all non-mowing months, per the schedule above. If additional services are necessary during growing or non-growing seasons, the same services will be performed by the end of the next day following the request, at the per service rate proposed. Total Cost for Trash and Debris removal: $ x 6 = Annual Cost: $ 3.Total Annual Cost (No. 1 + No. 2) Grand Total Annual Cost: $ Page 132 Item 12. 4.Pricing Shrubs and Ground Cover Shrubs will be shaped and pruned as needed to maintain a manicured appearance while incorporating the best horticulture practices. Flowering shrubs will be trimmed after their blooming cycle. Groundcover shall be trimmed and edged to maintain uniform and manicured appearance. Unit Price per Service: $ Pre-Emergent Treatment Spray pre-emergent to medians, from Custer Road west to the Denton County line, where the new grass medians stop, two times per year after turf has been mowed four times; and spray pre-emergent on all remaining medians two times per year, after first mowing. Unit Price per Service: $ Post Emergent Treatment All 27 landscape beds to be spray/pull any visible weeds once per month March through November. All tree wells to be spray/pull any visible weeds once per month March through November. Spray or pull any visible weeds from cracks in concrete once per month. Turf spray any visible weeds once per month March through November. Ant bait and ant mound treatments once per month March through November. Unit Price per Service $_____________________________ Irrigation Repair Repair irrigation as needed after notifying and receiving permission from the Town. Main Line Leak per hour: $____________________________ Lateral Line Leak per hour: $____________________________ Broken Head per hour: $____________________________ All Stations Monthly Check $____________________________ Wire Break and/or locate per hour: $____________________________ Parts – Percentage over cost: % Landscaping and Trees Once per year tree well mulch for 97 trees $______________________________ Once per year for bed areas mulch for 27 beds (SQ FT unknown) $______________________________ Tree replacement-labor only per hour (Town will provide trees) $______________________________ Replacement of landscape plants in beds -per hour labor cost only. Town will provide plants.$______________________________ Page 133 Item 12. Attachment B Machinery and Equipment List Worksheet It is represented as part of this bid that the below listed items of machinery and equipment are available for use on the work covered by this bid. "Being Available" shall mean that the equipment is owned or under the control of the vendor submitting this proposal. NO. OF UNITS TYPE OF EQUIPMENT If additional space is needed, continue on additional pages and attach to this form Page 134 Item 12. Attachment C Vendor Information Form VENDOR INFORMATION Number of employees: Full time _________________________ Number of employees: Part time: _________________________ Length of time in business: _________________________ Physical location of business (full address, including city, state & zip code): ______________________________________________________________________________ ______________________________________________________________________________ VENDOR CONTACTS The successful vendor must provide, to a designated Park Operations Representative, a valid telephone number and name of designated company representative. The telephone number must be answered on workdays, Monday-Friday, 7:00 AM to 5:00 PM. An alternate or emergency telephone number must also be provided to the Park Operations Representative. Failure to provide this information may be considered a reason to terminate the contract. Company Representative: _________________________________________________________ Company Telephone Number (including are code): ____________________________________ Emergency Telephone Number (including are code): ___________________________________ SUBCONTRACTOR INFORMATION The Proposer must provide the following information for any portion of work under this contract being subcontracted. All subcontractors will be approved by the Town of Prosper prior to commencement of work. Name: _____________________________________________ Type of Work: _____________________________________________ Amount: _____________________________________________ Portion of work by proposer: ____________% Portion of work by sub-contractor: ____________% Page 135 Item 12. Attachment D References Please provide at least three (3) references for the same or similar services as the Town has specified in the proposal, in the spaces provided below. Company Name: Contact Name: Address: Phone: Fax: Effective Dates: Description of Services: Company Name: Contact Name: Address: Phone: Fax: Effective Dates: Description of Services: Company Name: Contact Name: Address: Phone: Fax: Effective Dates: Description of Services: Page 136 Item 12. Town of Prosper RFP No. 2023-30-A US Hwy 380 Median Mowing and Maintenance Certification Form Company Information The following information must be provided in its entirety for your proposal to be considered: Company Name: Principal Place of Business Address: Principal Place of Business City, State, Zip: Principal Place of Business Phone Number: Principal Place of Business Fax Number: Remittance Address (if different from above): Remittance City, State, Zip: Tax Identification No: Addendums If an addendum to this proposal is issued, acknowledge addendum by initialing beside the addendum number: Add. No. 1 _______ Add. No. 2 ________ Add. No. 3 ________ Add. No. 4 ________ Add. No. 5_______ Certification The undersigned hereby certifies that he/she understands the specifications, has read the document in its entirety and that the prices contained in this proposal have been carefully reviewed and are submitted as correct and final. Vendor further certifies and agrees to furnish any or all products/services upon which prices are extended at the price offered, in accordance with the terms and conditions contained herein. Vendor agrees that acceptance of any or all items by the Town of Prosper, Texas, within the time frame indicated in this proposal, constitutes a contract. The individual signing this proposal certifies that he/she is a legal agent of the company, authorized to submit on behalf of the company, and is legally responsible for the decisions as to the prices and supporting documentation provided. Authorized Representative: Signature Date Printed Name Title Email Address Page 137 Item 12. EXHIBIT A RFP AS ADVERTISED Page 138 Item 12. EXHIBIT B Page 139 Item 12. EXHIBIT B Page 140 Item 12. EXHIBIT B Page 141 Item 12. EXHIBIT B Page 142 Item 12. EXHIBIT B Page 143 Item 12. EXHIBIT B Page 144 Item 12. EXHIBIT B Page 145 Item 12. EXHIBIT B Page 146 Item 12. Denton Co. Line Custer Rd. EXHIBIT A Mowing and other services start at Custer and 380 and end at Legacy and 380 Page 147 Item 12. EXHIBIT B Page 148 Item 12. EXHIBIT B Page 149 Item 12. EXHIBIT B Page 150 Item 12. EXHIBIT B Page 151 Item 12. RFP NO. 2023-30-A EVALUATION CRITERIA WEIGHTING POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE Cost Proposal 30%7.80 2.34 2.85 0.86 10.00 3.00 Work History and References 20%8.00 1.60 9.75 1.95 9.90 1.98 Ability to Meet Town's Needs 15%8.92 1.34 7.33 1.10 10.00 1.50 Equipment 15%9.00 1.35 8.67 1.30 10.00 1.50 Staffing 20%7.75 1.55 8.00 1.60 10.00 2.00 TOTAL 100%8.18 6.81 9.98 US 380 Median Mowing and Maintenance EVALUATION MATRIX Brightview Landscape Services Nico's Landscape V&A Landscape and Lawn Page 152 Item 12. Page 1 of 2 To: Mayor and Town Council From: Leigh Johnson, Director of Information Technology Through: Mario Canizares, Town Manager Bob Scott, Deputy Town Manager Re: Conducive Consulting Managed Services Agreement Town Council Meeting – October 24, 2023 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon authorizing the Town Manager to execute a Managed Services Agreement between Conducive Consulting and the Town of Prosper, Texas, related to ongoing managed services of the Town's Security Information & Event Management (SIEM) environment through Texas Department of Information Resources (DIR) Contract DIR-TSO-4288. Description of Agenda Item: In the fiscal year 2023-2024 annual budget, Town Council approved a discretionary spending package for a SIEM managed services agreement. This item requests approval of an agreement with Conducive Consulting. 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 local government to purchase goods and services from the cooperative’s online purchasing systems while satisfying all competitive bidding requirements. Budget Impact: The annual cost of the agreement is $42,000.00 and will be funded from 100-5480-10-05 (Contracted Services). Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. INFORMATION TECHOLOGY Page 153 Item 13. Page 2 of 2 Attached Documents: 1. Conducive Consulting Agreement 2. Contract DIR-TSO-4288 Town Staff Recommendation: Town Staff recommends authorizing the Town Manager to execute a Managed Services Agreement between Conducive Consulting and the Town of Prosper, Texas, related to ongoing managed services of the Town's Security Information & Event Management (SIEM) environment through Texas Department of Information Resources (DIR) Contract DIR-TSO-4288. Proposed Motion: I move to authorize the Town Manager to execute a Managed Services Agreement between Conducive Consulting and the Town of Prosper, Texas, related to ongoing managed services of the Town's Security Information & Event Management (SIEM) environment through Texas Department of Information Resources (DIR) Contract DIR-TSO-4288. Page 154 Item 13. 10/17/23, 12:40 PM 1032-2023-10-17T17:40:33.703799+00:00.pdf Conducive 3724 Executive Center Drive Suite 200 Austin, TX 78731 United States of America Enrico Fantozzi rico@conduciveconsulting.com Prepared For  Recurring Costs Product Length Service Period Quantity Price per Year Conducive Managed Splunk 12 months October 02, 2023—October 01, 2024 12 First Year Subtotal for Recurring Costs $42,000.00 Order Form #1032 Town of Prosper Leigh Johnson leigh_johnson@prospertx.gov Shipping Info 250 West 1st Street Prosper | TX | 75078 USA Contract Length 12 months Contract Period October 02, 2023—October 01, 2024  Payment Method ACH Payment Terms Net 30 DIR Contract Number DIR-TSO-4288 GSA Contract # 47QTCA23D006V $42,000.00 Year 1 Overall Total $42,000.00 Page 155 Item 13. 10/17/23, 12:40 PM 1032-2023-10-17T17:40:33.703799+00:00.pdf Billing Frequency Annually: From Billing Start Date  Contract Terms 1.Fees. Town of Prosper (“End User”) whose principal ofce is located at: TOWN OF PROSPER 250 W FIRST ST PROSPER, TX 75078, will pay to Conducive Consulting, Inc., a Texas Corporation, (“Conducive”) whose principal ofce is located at: 3445 Executive Center Drive, Suite 216, Austin, TX 78731, the license fees or royalties specied in the Splunk® software license agreement and the support and maintenance services that Conducive and/or Splunk provides to End Users in conjunction therewith. 2.Payment Terms. End User will pay all amounts due under this Agreement in U.S. currency, free of any currency controls or other restrictions. End User will pay all license fees or royalties, support or maintenance services fees due to Conducive and/or Splunk according to the terms specied on the quote. Except as expressly specied in this Agreement or as otherwise agreed to in writing by the parties, End User will pay all other fees, expenses or other charges payable hereunder within twenty-ve (25) days following the date of receipt of Conducive’s invoice therefore, with no right of offset of any kind or nature. 3.Net Payments. All amounts payable by End User under this Agreement are net amounts and are payable in full, without deduction for taxes or duties of any kind. End User will be responsible for, and will promptly pay, all taxes and duties of any kind (including, but not limited to, sales, use and withholding taxes) associated with this Agreement including but not limited to its receipt and use of the Software, except for taxes based on Conducive’s net income. If Conducive or Splunk is required to collect, or pays on End User‘s behalf, any taxes or duties for which End User is responsible, End User will promptly pay or reimburse Conducive, as the case may be, for all such amounts upon it’s receipt of written notice thereof. If End User pays any withholding taxes based on the payments made by End User to Conducive hereunder, End User will promptly furnish Conducive with written documentation of all such tax payments, including receipts and other customary documentation. 4.Failure to Pay. Notwithstanding anything contained in any of the terms and conditions associated herewith, including third party license agreements and the third party support and maintenance agreements, in the event that End User fails to pay Conducive all amounts when due in accordance with paragraphs 2 and 3 and the payment terms set forth in the purchase order, Conducive, at its sole discretion, shall have the unconditional right, and End User hereby consents, to immediately terminate End User's rights and privileges to use the third party software product, the third party license agreements and all services associated therewith. However, in such instance, nothing shall relieve End User of any of its obligations hereunder. 5.Third Party License Agreements. All third party software included in this purchase order is subject to the license agreement between End User and the third party software provider. 6.Pre-payments. All prepaid Education and Professional Services must be redeemed within twelve (12) months from the date of purchase/invoice. At the end of the twelve (12) month term, any remaining pre-paid unused Education or Professional Services will expire; no refunds will be provided for any remaining pre-paid unused Education or Professional Services. 3445 Executive Center Dr, Suite 216, Austin, TX 78731 7.The Managed Splunk services provided by Conducive are pursuant to the terms and conditions of the May 2023 "MASTER SERVICES TERMS AND AGREEMENT" located at https://www.conducivesi.com/msa_terms ADJUSTMENT: 7.2 Client’s Indemnication. To the extent authorized by Texas law, Client will defend, indemnify, and hold harmless Conducive from and against any Claims to the extent such Claims arise out of a claim that any Client Material or Conducive’s use of Client Materials in accordance with this Agreement (i) infringes the copyright, patent, trademark, trade secret or other proprietary or intellectual property right of a third party or (ii) does not comply with any applicable law, regulation, judgment or order. Page 156 Item 13. 10/17/23, 12:40 PM 1032-2023-10-17T17:40:33.703799+00:00.pdf SignaturePage TownofProsper Name:[text|req|signer0|Name|name_0] Title:[text|req|signer0|Title|title_0] Email:[text|req|signer0|Email|email_0|email_address] Signature: [sig|req|signer0] SignedDate:[date_signed_0] Conducive Name:[text|req|signer1|Name|name_1] Title:[text|req|signer1|Title|title_1] Email:[text|req|signer1|Email|email_1|email_address] Signature: [sig|req|signer1] SignedDate:[date_signed_1] INWITNESSWHEREOF,thePartiesbytheirdulyauthorizedrepresentativeshaveexecutedthisAgreementasoftheEffective Date. Randy Hammelman President randy@conducivesi.com October 12, 2023 Mario Canizares Town Manager mcanizares@prospertx.gov Page 157 Item 13. Home Explore DIR Contracts Contract Number DIR-TSO-4288 Contract Term Date:02/21/25  Contract Expiration Date:02/21/25  Contract Over view Carahsoft Technology Corporation offers Software, including Software as a Ser vice, Products and Related Ser vices. Carahsoft offers multiple brands including DocuSign and Salesforce. Customers can purchase directly through this DIR contract. Contracts may be used by state and local government, public education, other public entities in Texas, as well as public entities outside the state. There are numerous resellers listed for this contract whose brand offerings var y, please contact resellers for their current selection of available brands. DIR has exercised the automatic renewal option for this Contract. This renewal extends the contract through 2/21/2025. Contract Details & Ordering Information Products & Ser vices Commodity Codes Brands Contract Documents How to Order Resellers  Reseller Vendor Contacts Download Vendor List (.CSV ) S it Vendor Information Carahsoft Technology Corporation Vendor ID:1522189693700 HUB Type:Non HUB  RFO:DIR-TSO-TMP-416 Contract Status:Active VENDOR CONTACT: Phone: (571) 662-4510 Mikaela Lammers  Vendor Website  DIR CONTACT: Phone: +15124754620 Thuvan Huynh  BACK TO TOP Resource LibraryIT Solutions and Services Policy and Guidance I am a Search DIR Page 158 Item 13. MORE INFORMATION Visit this Vendor’s website to view the latest product, ser vice, and pricing information. Vendor Website    Suite 390 Houston, TX 77041 Conducive Consulting, Inc. 12054 48538 300 Non HUB Enrico Fantozzi P: 512- 551- 0646 F: 3445 EXECUTIVE CENTER DR STE 216 Austin, rico@con duciveco nsulting. com Getting Star ted Through our various program areas, DIR helps State Agencies, local government, and other organizations save money with the purchasing power of Texas. Can't nd what you're looking for? Explore additional products and services offered through DIR. Learn about the ways to buy through DIR, eligibility, and tips for nding what you need. How it Works Search our 700+ contracts to nd one that offer the products or services you need. Search Contracts Order from the Vendor. DIR's discounts are a star ting point—negotiate fur ther to save more! See tips for procurement professionals. Order & Save All Products and Ser vices  About File Formats Some documents on this page are in the PDF format. Please download the Adobe Reader in order to view these documents. 1 2 3 Texas Department of Information Resources 300 W. 15th Street Suite 1300 Austin, TX 78701 512-475-4700 About DIR News Contact DIR Calendar Careers SIGN IN  Program Areas Cooperative Contracts Open Data Portal Communications Technology Services Data Center Ser vices Information Security Texas.gov Services Technology Planning, Policy and Governance Helpful Links Capitol Complex Director y Statewide Search Veterans Portal Homeland Security SAO Fraud Reporting Texas.gov Stay Connected Paginas en Español BACK TO TOP Page 159 Item 13. ©2023 Texas Department of Information Resources Privacy & Site Policies Accessibility Ethics Policy Public Information Requests BACK TO TOP Page 160 Item 13. Page 1 of 2 To: Mayor and Town Council From: Frank E. Jaromin, P.E., Director of Public Works Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: FOG Outreach Plan Update Town Council Meeting – October 24, 2023 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon an ordinance amending Chapter 13, “Utilities,” of the Code of Ordinances of the Town of Prosper, Texas, by amending Section 13.11.001, “Plan Adopted,” of Article 13.11, “FOG Outreach Plan.” Description of Agenda Item: The original FOG Outreach Plan was approved on February 23, 2016, and included a self -cleaning section for small grease traps that are no longer approved for use. The plan also reference s the plumbing code from 2012 and did not include necessary installation requirements for adequate inspections. On September 12, 2023, staff presented the proposed FOG Outreach Plan updates to the Town Council. The updated plan removes the self-cleaning section, updates to the current plumbing code, and adds in those installation requirements that assist in appropriate inspections and mimic the Health Code requirements. Budget Impact: There is no budgetary impact affiliated with this item. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Ordinance 2. FOG Outreach Plan Town Staff Recommendation: Town Staff recommends approving an ordinance amending Chapter 13, “Utilities”, of the Code of Ordinances of the Town of Prosper, Texas, by amending Section 13.11.001, “Plan Adopted,” of Article 13.11, “FOG Outreach Plan.” PUBLIC WORKS Page 161 Item 14. Page 2 of 2 Proposed Motion: I move to approve an ordinance amending Chapter 13, “Utilities”, of the Code of Ordinances of the Town of Prosper, Texas, by amending Section 13.11.001, “Plan Adopted”, of Article 13.11, “FOG Outreach Plan.” Page 162 Item 14. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2023-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING SECTION 13.11.001, “PLAN ADOPTED,” OF ARTICLE 13.11, “FOG OUTREACH PLAN,” OF CHAPTER 13, “UTILITIES,” OF THE CODE OF ORDINANCES OF THE TOWN OF PROSPER, TEXAS, BY REPEALING THE EXISTING FOG OUTREACH PLAN AND REPLACING IT WITH A NEW FOG OUTREACH PLAN, ATTACHED AS EXHIBIT A TO THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town of Prosper, Texas (the “Town”), recognizes that the wastewater supply available to its water customers is limited; and WHEREAS, the Town further recognizes that due to natural limitations, system failures and other acts of God which may occur, the Town cannot guarantee an uninterrupted wastewater supply for all purposes at all times; and WHEREAS, pursuant to the Texas Water Code and the regulations of the Texas Commission on Environmental Quality (the “Commission”), in 2016 the Town adopted a Fats, Oils and Grease (FOG) Outreach Plan; and WHEREAS, the Town has determined the need to amend the 2016 FOG Outreach Plan and has determined that doing so will be in the best interests of the public; and WHEREAS, pursuant to Chapters 51 and 54 of the Texas Local Government Code, the Town is authorized to adopt any such ordinances necessary to preserve and protect its wastewater resources; and WHEREAS, the Town Council desires to adopt an amended FOG Outreach Plan for the Town of Prosper as official Town policy for non-domestic users of the Town’s wastewater treatment works; and WHEREAS, the Town Council has investigated and determined that it will be advantageous and beneficial to the citizens of Prosper and will protect the public health, safety and welfare to adopt an amended FOG Outreach Plan. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. Page 163 Item 14. Ordinance No. 2023-__, Page 2 SECTION 2 From and after the effective date of this Ordinance, Exhibit A, “Fog Outreach Plan,” referenced and incorporated in Section 13.11.001, “Plan Adopted,” of Article 13.11, “FOG Outreach Plan,” of Chapter 13, “Utilities,” of the Code of Ordinances of the Town of Prosper, Texas, is hereby repealed and replaced with a new FOG Outreach Plan, attached hereto as Exhibit A. SECTION 3 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 4 If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town of Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. SECTION 5 The Town Manger or his designee is hereby directed to file a copy of the Plan and this Ordinance with the Commission in accordance with Title 30, Chapter 288 of the Texas Administrative Code, as amended. SECTION 6 This Ordinance shall take effect and be in full force from and after its passage and publication, as provided by the Revised Civil Statutes of the State of Texas and the Home Rule Charter of the Town of Prosper, Texas. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS 24TH DAY OF OCTOBER, 2023. APPROVED: ________________________________ David F. Bristol, Mayor Page 164 Item 14. Ordinance No. 2023-__, Page 3 ATTEST: ___________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: __________________________________ Terrence S. Welch, Town Attorney Page 165 Item 14. Ordinance No. 2023-__, Page 4 EXHIBIT A (FOG Outreach Plan) Page 166 Item 14. FOG OUTREACH PLAN TOWN OF PROSPER OCTOBER 2023 Page 167 Item 14. i TABLE OF CONTENTS 1. APPLICABILITY AND PROHIBITIONS .................................................................................. 1-1 2. DEFINITIONS ....................................................................................................................... 2-1 3. INSTALLATION AND MAINTENANCE REQUIREMENTS ....................................................... 3-1 3.1 Installations .................................................................................................................... 3-1 3.2 Cleaning and Maintenance ............................................................................................. 3-1 3.3 Cleaning Schedules ......................................................................................................... 3-2 3.4 Manifest Requirements .................................................................................................. 3-3 3.5 Alternative Treatment .................................................................................................... 3-4 4. SCHEDULE OF PENALTIES.................................................................................................4-1 Page 168 Item 14. 1-1 1. APPLICABILITY AND PROHIBITIONS The measures included in this FOG (Fats, Oils, and Grease) Outreach Plan ("Plan") are intended to provide non-domestic users of the Publicly Owned Treatment Works (POTW), standards, education and guidelines for grease traps or grease interceptors to protect the public wastewater system for the Town of Prosper.  This Plan shall apply to all non-domestic users of the Publicly Owned Treatment Works (POTW), as defined in Section 2 of the Plan.  Grease traps or grease interceptors shall not be required for residential users.  Facilities generating fats, oils, or greases as a result of food manufacturing, processing, preparation, or food service shall install, use, and maintain appropriate grease traps or grease interceptors as required in Section 3 of the Plan. These facilities include but are not limited to restaurants, food manufacturers, food processors, hospitals, hotels and motels, prisons, nursing homes, and any other facility preparing, serving, or otherwise making any foodstuff available for consumption.  No user may intentionally or unintentionally allow the direct or indirect discharge of any petroleum oil, non-biodegradable cutting oil, mineral oil, or any fats, oils, or greases of animal or vegetable origin into the POTW system in such amounts as to cause interference with the collection and treatment system, or as to cause pollutants to pass through the treatment works into the environment. Page 169 Item 14. 2-1 2. DEFINITIONS 1. ACT means Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et. seq. 2. BOD means the value of the 5-day test for Biochemical Oxygen Demand, as described in the latest edition of “Standard Methods for the Examination of Water & Wastewater.” The amount must not be greater than 275 mg/L. 3. COD means the value of the test for Chemical Oxygen Demand, as described in the latest edition of “Standard Methods for the Examination of Water & Wastewater.” 4. EPA means the United States Environmental Protection Agency. 5. FATS, OILS, AND GREASES (FOG) means organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical test procedures established in 40 CFR 136, as may be amended from time to time. All are sometimes referred to herein as "grease" or "greases." 6. GENERATOR means any person who owns or operates a grease trap/grease interceptor, or whose act or process produces a grease trap waste. 7. GREASE TRAP or INTERCEPTOR means a device designed to use differences in specific gravities to separate and retain light density liquids, waterborne fats, oils, and greases prior to the wastewater entering the sanitary sewer collection system. These devices also serve to collect settleable solids, generated by and from food preparation activities, prior to the water exiting the trap and entering the sanitary sewer collection system. Grease traps and interceptors are also referred to herein as "grease traps/interceptors.” 8. GREASE TRAP WASTE means material collected in and from a grease trap/interceptor in the sanitary sewer service line of a commercial, institutional, or industrial food service or processing establishment, including the solids resulting from de-watering processes. 9. INDIRECT DISCHARGE or DISCHARGE means the introduction of pollutants into a POTW from any non-domestic source. Page 170 Item 14. 2-2 10. INTERFERENCE means a discharge which alone or in conjunction with a discharge or discharges from other sources inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal, or is a cause of a violation of the town's TPDES permit. 11. pH means the measure of the relative acidity or alkalinity of water and is defined as the negative logarithm (base 10) of the hydrogen ion concentration. 12. POTW or PUBLICLY OWNED TREATMENT WORKS means a treatment works which is owned by a state or municipality as defined by section 502(4) of the Clean Water Act. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes all sewers, pipes and other conveyances that convey wastewater to a POTW Treatment Plant. The term also means the municipality as defined in section 502(4) of the Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works. For purposes of this plan, the terms “sanitary sewer system” and “POTW” may be used interchangeably. 13. REGULATORY AUTHORITY means the person responsible for overseeing and enforcing the standards of this plan and ensures consistent compliance. 14. TCEQ means the Texas Commission on Environmental Quality, and its predecessor and successor agencies. 15. TRANSPORTER means a person who is registered with and authorized by the TCEQ to transport sewage sludge, water treatment sludge, domestic septage, chemical toilet waste, grit trap waste, or grease trap waste in accordance with 30 TEXAS ADMINISTRATIVE CODE §312.142. 16. TSS means the value of the test for Total Suspended Solids, as described in the latest edition of “Standard Methods for the Examination of Water & Wastewater.” The amount must not be greater than 300 mg/L. 17. USER means any person, including those located outside the jurisdictional limits of the town, who contributes, causes or permits the contribution or discharge of wastewater into the POTW, including persons who contribute such wastewater from mobile sources. Page 171 Item 14. 3-1 3. INSTALLATION AND MAINTENANCE REQUIREMENTS 3.1 INSTALLATIONS  New Facilities. Food processing or food service facilities which are newly proposed or constructed, or existing facilities which will be expanded or renovated to include a food service facility, where such facility did not previously exist, shall be required to design, install, operate and maintain a grease trap/interceptor in accordance with SECTION 1003 Interceptors and Separators in the 2021 IPC or other applicable ordinances. Grease traps/interceptors shall be installed and inspected prior to issuance of a Certificate of Occupancy.  Existing Facilities. Existing grease traps/interceptors must be operated and maintained in accordance with the manufacturer's recommendations and in accordance with this plan, unless specified in writing and approved by the POTW.  Grease traps/interceptors must be installed on the exterior of a building and shall be located in ground.  The necessity and size of the grease trap/interceptor shall be a minimum of 1,000 gallons or as determined by the Health Code Official.  Grease traps/interceptors shall be readily and easily accessible for cleaning and inspection and shall not be located in vehicular traffic areas or in a parking spot or stall without written permission from the regulatory authority. Grease traps/interceptors shall remain unlocked.  A sample well shall be installed on the outlet side of the grease trap/interceptor, outside of the building, and shall be readily and easily accessible for inspection.  All grease trap/interceptor waste shall be properly disposed of at a facility in accordance with federal, state, or local regulation. 3.2 CLEANING AND MAINTENANCE  Grease traps/interceptors shall be maintained in an efficient operating condition at all times.  Each grease trap pumped shall be fully evacuated unless the trap volume is greater than the tank capacity on the vacuum truck in which case the transporter shall arrange for additional transportation capacity so that the trap is fully evacuated within a 24-hour period, in accordance with 30 TEXAS ADMINISTRATIVE CODE §312.143. Page 172 Item 14. 3-2 3.3 CLEANING SCHEDULES  Grease traps/interceptors shall be cleaned as often as necessary to ensure that sediment and floating materials do not accumulate to impair the efficiency of the grease trap/interceptor; to ensure the discharge is in compliance with local discharge limits; and to ensure no visible grease is observed in discharge.  The POTW has the ability to inspect and evaluate grease traps and grease interceptors at any time.  Grease traps/interceptors subject to these standards shall be completely evacuated a minimum of every ninety (90) days, or more frequently when: o twenty-five (25) percent or more of the wetted height of the grease trap/interceptor, as measured from the bottom of the device to the invert of the outlet pipe, contains floating materials, sediment, oils or greases; or o the discharge exceeds BOD, COD, TSS, FOG, pH, or other pollutant levels established by the POTW; or o if there is a history of non-compliance.  Any person who owns or operates a grease trap/interceptor may submit to the POTW a request in writing for an exception to the ninety (90) day pumping frequency of their grease trap/interceptor. The POTW may grant an extension for required cleaning frequency on a case-by-case basis when: o the grease trap/interceptor owner/operator has demonstrated the specific trap/interceptor will produce an effluent, based on defensible analytical results, in consistent compliance with established local discharge limits such as BOD, TSS, FOG, or other parameters as determined by the POTW, or o less than twenty-five (25) percent of the wetted height of the grease trap/interceptor, as measured from the bottom of the device to the invert of the outlet pipe, contains floating materials, sediment, oils or greases.  In any event, a grease trap/interceptor shall be fully evacuated, cleaned, and inspected at least once every 180 days. Page 173 Item 14. 3-3 3.4 MANIFEST REQUIREMENTS  Each pump-out of a grease trap/interceptor must be accompanied by a manifest to be used for record keeping purposes.  Persons who generate, collect and transport grease waste shall maintain a record of each individual collection and deposit. Such records shall be in the form of a manifest. The manifest shall include: o name, address, telephone, and commission registration number of transporter; o name, signature, address, and phone number of the person who generated the waste and the date collected; o type and amount(s) of waste collected or transported; o name and signature(s) of responsible person(s) collecting, transporting, and depositing the waste; o date and place where the waste was deposited; o identification (permit or site registration number, location, and operator) of the facility where the waste was deposited; o name and signature of facility on-site representative acknowledging receipt of the waste and the amount of waste received; o the volume of the grease waste received; and o a consecutive numerical tracking number to assist transporters, waste generators, and regulating authorities in tracking the volume of grease transported.  Manifests shall be divided into five parts and records shall be maintained as follows. o One part of the manifest shall have the generator and transporter information completed and be given to the generator at the time of waste pickup. o The remaining four parts of the manifest shall have all required information completely filled out and signed by the appropriate party before distribution of the manifest. o One part of the manifest shall go to the receiving facility. Page 174 Item 14. 3-4 o One part shall go to the transporter, who shall retain a copy of all manifests showing the collection and disposition of waste. o One copy of the manifest shall be returned by the transporter to the person who generated the wastes within 15 days after the waste is received at the disposal or processing facility. o One part of the manifest shall go to the local authority.  Copies of manifests returned to the waste generator shall be retained for five years and be readily available for review by the POTW. 3.5 ALTERNATIVE TREATMENT  A person commits an offense if the person introduces, or causes, permits, or suffers the introduction of any surfactant, solvent or emulsifier into a grease trap. Surfactants, solvents, and emulsifiers are materials which allow the grease to pass from the trap into the collection system, and include but are not limited to enzymes, soap, diesel, kerosene, terpene, and other solvents.  It is an affirmative defense to an enforcement of Section 3.6.1 that the use of surfactants or soaps is incidental to normal kitchen hygiene operations.  Bioremediation media may be used with the POTW’s approval if the person has proved to the satisfaction of the POTW that laboratory testing which is appropriate for the type of grease trap to be used has verified that: o The media is a pure live bacterial product which is not inactivated by the use of domestic or commercial disinfectants and detergents, strong alkalis, acids, and/or water temperatures of 160F (71C). o The use of the media does not reduce the buoyancy of the grease layer in the grease trap and does not increase the potential for oil and grease to be discharged to the sanitary sewer. o The use of the bioremediation media does not cause foaming in the sanitary sewer. o The BOD, COD, and TSS discharged to the sanitary sewer after use of the media does not exceed the BOD, COD, and TSS which would be discharged if the Page 175 Item 14. 3-5 product were not being used and the grease trap was being properly maintained. pH levels must be between 6 and 9. o All testing designed to satisfy the criteria set forth in Section 3.6.3 shall be scientifically sound and statistically valid. All tests to determine oil and grease, TSS, BOD, COD, pH, and other pollutant levels shall use appropriate tests which have been approved by the Environmental Protection Agency and the Texas Commission on Environmental Quality and which are defined in Title 40, Code of Federal Regulations, Part 136 or Title 30, TEXAS ADMINISTRATIVE CODE §319.11. Testing shall be open to inspection by the POTW and shall meet the POTW’s approval. Page 176 Item 14. 4. SCHEDULE OF PENALTIES  If the POTW determines that a generator is responsible for a blockage of a collection system line the generator shall receive a certified letter for the first violation with five days to comply, $1,000 for the second violation, and $1,500 for the third violation within a two-year period. Continuous violations shall result in an increase in penalty by $500 and may also result in termination of services.  Any person violating any of the provisions of the Ordinance shall be subject to a certified written warning for the first violation with five days to comply, a $1,000 civil penalty for the second violation, a $1,500 civil penalty for the third violation, and a $2,000 civil penalty for the fourth violation within a two-year period. Consistent violations will result in a $500 increase in civil penalty and may result in termination of service. Page 177 Item 14. Page 1 of 2 To: Mayor and Town Council From: Frank E. Jaromin, P.E., Director of Public Works Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Backflow Prevention Plan Update Town Council Meeting – October 24, 2023 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon an ordinance amending Chapter 13, “Utilities,” of the Code of Ordinances of the Town of Prosper, Texas, by amending Article 13.10, “Backflow Prevention Plan.” Description of Agenda Item: The Backflow Prevention Plan was approved on December 13, 2016. On September 12, 2023, staff presented the proposed Backflow Prevention Plan updates to the Town Council. The changes reflect alterations in TCEQ regulations, including updates to tables and definitions, and the recently passed Town Irrigation Ordinance. The update also clarifies the differences in Customer Service Inspections (CSI’s) performed by Town personnel and Third-Party CSI’s for private well customers. Budget Impact: There is no budgetary impact affiliated with this item. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Ordinance Town Staff Recommendation: Town Staff recommends approving an ordinance amending Chapter 13, “Utilities,” of the Code of Ordinances of the Town of Prosper, Texas, by amending Article 13.10, “Backflow Prevention Plan.” PUBLIC WORKS Page 178 Item 15. Page 2 of 2 Proposed Motion: I move to approve an ordinance amending Chapter 13, “Utilities,” of the Code of Ordinances of the Town of Prosper, Texas, by amending Article 13.10, “Backflow Prevention Plan.” Page 179 Item 15. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2023-__ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, REPEALING EXISTING ARTICLE 13.10, “BACKFLOW PREVENTION PLAN,” OF CHAPTER 13, “UTILITIES,” OF THE CODE OF ORDINANCES OF THE TOWN OF PROSPER, TEXAS, AND REPLACING IT WITH A NEW ARTICLE 13.10, “BACKFLOW PREVENTION PLAN”; AMENDING THE PLAN TO PROMOTE THE PUBLIC HEALTH, SAFETY AND WELFARE OF THE PUBLIC WATER SYSTEM, INCLUDING RESTRICTIONS ON CONTROLLING CROSS CONNECTIONS; ESTABLISHING PENALTIES FOR THE VIOLATION OF AND PROVISIONS FOR ENFORCEMENT OF THESE RESTRICTIONS; AMENDING APPENDIX A, “FEE SCHEDULE,” TO THE TOWN’S CODE OF ORDINANCES BY AMENDING SECTION XVIII, “BACKFLOW PREVENTION PLAN AND ENFORCEMENT FEES”; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, pursuant to Chapter 341 of the Texas Health & Safety Code, the Texas Commission of Environmental Quality (TCEQ) has developed rules and regulations which govern drinking water quality and reporting requirements for public water systems; and WHEREAS, the Town of Prosper, Texas (the "Town"), has investigated and determined that it would be advantageous and beneficial to the citizens of Prosper to amend its backflow prevention program of uniform regulations governing the installation, testing, maintenance and inspection of backflow prevention assemblies that applies to all properties and registration of backflow prevention assembly testers; and WHEREAS, TCEQ rules and regulations require the protection of a public water system from contaminants caused by backflow of contaminants through water service connections; and WHEREAS, the Town has determined an urgent need in the best interests of the public to adopt this amended Backflow Prevention Plan; and WHEREAS, pursuant to Chapter 54 of the Texas Local Government Code, the Town is authorized to adopt such ordinances deemed necessary by the Town to protect its water resources; and WHEREAS, the Town Council has investigated and determined that it will be advantageous and beneficial to the citizens of Prosper and will protect the public health, safety and welfare to amend its Backflow Prevention Plan. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. Page 180 Item 15. Ordinance No. 2023-__, Page 2 SECTION 2 From and after the effective date of this Ordinance, Chapter 13, “Utilities,” of the Town’s Code of Ordinances is hereby repealed in its entirety and replaced with a new Article 13.10, “Backflow Prevention Plan,” to read as follows: “ARTICLE 13.10 BACKFLOW PREVENTION PLAN Sec. 13.10.001 Purpose. This plan shall regulate the installation, testing, maintenance, and inspection of backflow prevention assemblies as well as other measures of cross connection control. Further, the Town of Prosper has established a cross-connection control program to promote the public health, safety and welfare by regulations designed to: (a) Protect the public potable water supply of the Town of Prosper from the possibility of contamination or pollution by isolating within a customer’s internal distribution systems or a customer’s private water systems contaminants or pollutants that could backflow into the public water system; and (b) Promote the elimination or control of existing cross connections, whether actual or potential, between a customer’s internal distributions systems or a customer’s private water systems and non-potable water system(s), plumbing fixtures, and industrial piping system(s); and (c) Provide for the maintenance of a continuing program of cross connection control which will systematically and effectively prevent the contamination or pollution of the Town’s potable water system; and (d) Establish requirements for Prosper Backflow Prevention Assembly Testers, as defined in Article 4.08 of this Code; and (e) Comply with the water hygiene requirements of Title 30, Part 1, Chapter 290 of the Texas Commission on Environmental Quality Rules and Regulations for Public Water Systems. Sec. 13.10.002 Definitions. For the purpose of this Plan, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Other technical terms used will have the meanings or definitions listed in the 10th Edition of the Manual of Cross Connection Control published by the Foundation for Cross Connection Control and Hydraulic Research, University of Southern California, a copy of which is on file with the Town, or in the Third Edition of the Recommended Practice for Backflow Prevention and Cross-Connection Control Manual M14 published by the American Water Works Association. In any case where provisions of these manuals are in conflict, the 10th Edition of the Manual of Cross Connection Control will prevail. Air gap separation (AG) means an unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet conveying water to a tank, fixture, receptor, sink, or other assembly and the flood level rim of the receptacle. The vertical, Page 181 Item 15. Ordinance No. 2023-__, Page 3 physical separation must be at least twice the diameter of the water supply outlet, but never less than one (1.0) inch. Approved water supply source means the Town of Prosper water system. Atmospheric Vacuum Breaker (AVB) means an assembly containing a float check, a check seat, and an air inlet port. Auxiliary water supply means any water supply other than the Town of Prosper's approved public water supply, including water from another public water supply or from a natural source including, but not limited to, wells, cisterns, springs, rivers, streams, used waters, or industrial fluids. Backflow means the reversal of flow of water or mixtures of water and other liquids, gases or other substances into the distribution pipes of a potable water supply from any sources other than an approved water supply source. Backflow prevention assembly means an assembly which, when properly installed between the Town water supply system and the terminus or point of ultimate use, will prevent backflow. Examples of such assemblies include, but are not limited to, reduced pressure backflow assemblies, double check valve assemblies, pressure vacuum breakers, and air gap separation. Backflow prevention assembly tester (BPAT) means an individual licensed in accordance with Texas Commission on Environmental Quality rules to test backflow prevention assemblies. Back pressure means any elevation of pressure in the downstream piping system (including by pump, elevation of piping, or steam and/or air pressure) above the supply pr essure at the point of consideration which would cause, or tend to cause, a reversal of the normal direction of flow. Back siphonage means a form of backflow caused by a reduction in system pressure resulting in the existence of a negative or sub-atmospheric pressure at a site in the water system. Building official means the Building Official of the Town of Prosper or his designee. Chemical injection system means a system which automatically injects fertilizer, pesticide, weed killer, etc., into an irrigation system, while the irrigation system is operating. Closed System means a piping system that has no space for water to expand. Commission means the Texas Commission on Environmental Quality. Contamination means an impairment of the quality of the public potable water supply or a private potable water supply by the introduction or admission of any foreign substance that degrades the quality, and which creates an actual hazard to the public health through poisoning or through the spread of disease by sewage, industrial fluids, or waste. Cross connection means any actual or potential connection or structural arrangement between a public or consumer’s potable water system and any other source or system through which it is possible to introduce into any part of the potable system any used water, industrial fluid, Page 182 Item 15. Ordinance No. 2023-__, Page 4 gas, or substance other than the intended potable water with which the system is supplied. Bypass arrangements, jumper connections, removable sections, swivel or change-over devices and other temporary or permanent devices through which or because of which backflow can occur are considered to be cross-connections. Customer means a person, company, or entity contracting with the Town of Prosper to receive potable water service. Customer's potable water system means that portion of the privately owned potable water system lying between the service connection and the point of use by customer. The system includes, but is not limited to, all pipes, conduits, tanks, receptacles, fixtures, equipment and appurtenances used to produce, convey, store, or utilize the potable water. Degree of hazard means either a non-health or health hazard and is determined by the evaluation of the conditions within a system by the Director of Public Works, the Town of Prosper Health Department, or the Building Official. Director means the Director of Public Works. Double Check Valve Assembly (DC) means an assembly composed of two independently acting approved check valves, including tightly closing resilient-seated shutoff valves, attached at each end of the assembly and fitted with properly located resilient-seated test cocks. Health hazard means a cross connection, potential cross connection, or other situation involving any substance that could cause death, illness, spread of disease, or has a high probability of causing such effects if introduced into the potable drinking water supply. Industrial fluids means any fluid or solution which may be chemically, biologically, or otherwise contaminated or polluted in a form or concentration which would constitute a health, system, pollutional, or plumbing hazard if introduced into an approved water supply. Examples of industrial fluids include, but are not limited to: polluted or contaminated used water; all types of process waters and used waters originating from the public potable water system which may deteriorate in sanitary quality; chemicals in fluid form; plating acids and alkalis; circulated cooling waters connected to an open cooling tower and/or cooling waters that are chemically or biologically treated or stabilized with toxic substances; contaminated natural waters such as form wells, springs, streams, rivers, bays, harbors, seas, irrigation canals or systems, etc.; and oils, gases, glycerin, paraffins, caustic and acid solutions and other liquid and gaseous fluids used industrially, for other processes, or for firefighting purposes. Material Reporting Deficiencies shall mean inaccurate or incomplete reporting of information required in the Backflow Prevention Assembly Test Report form as noted in “Appendix A.” Required information reported in section “B” is noted with an “x.” Sections “C” and “D” are required in their entirety. Non-health hazard means a cross connection or potential cross connection involving any substance that generally would not be a health hazard but would constitute a nuisance, or be aesthetically objectionable, if introduced into the potable water supply. Non-potable water means a water supply which has not been approved for human consumption by the Commission. Page 183 Item 15. Ordinance No. 2023-__, Page 5 Person means any individual or any association, firm, partnership, joint venture, corporation or other legally recognized entity, whether for profit or not for profit. Plumbing hazard means an internal or plumbing type cross connection in a customer's potable water system that may be either a pollutional or a contamination type hazard, including, but not limited to, cross connections to toilets, sinks, lavatories, wash trays, and lawn sprinkling systems. Pollution means an impairment of the quality of the public potable water supply to a degree which does not create a hazard to the public health but does adversely and unreasonably affect the aesthetic qualities of such water for domestic use. Potable water means any public water supply which has been investigated and approved by the Commission as satisfactory for drinking, culinary and domestic purposes. Premises or Property means any property, real, improved or personal that is connected to the Town of Prosper water system. Pressure Vacuum Breaker (PVB) means an assembly which contains an independently operating internally loaded check valve and an independently operating loaded air inlet valve located on the discharge side of the check valve with properly located resilient-seated test cocks and tightly closing resilient-seated shutoff valves attached at each end of the assembly. Process waters means water used to cool any operation or manufacturing process. Prosper Backflow prevention assembly tester (Prosper BPAT) means an individual licensed in accordance with Texas Commission on Environmental Quality rules and registered with the Town of Prosper Public Works Department for the purpose of testing backflow prevention assemblies. Public potable water supply means any publicly or privately owned water system operated as a public utility under a health permit to supply water for domestic purposes. Such a system includes all sources, facilities and appurtenances between the source and the point of delivery such as valves, pumps, pipes, conduits, tanks, receptacles, fixtures, equipment and appurtenances used to produce, convey, treat, or store potable water for public consumption or use. Public water system means a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, which includes all uses described under the definition for drinking water. Public Works Director means the Public Works Director for the Town of Prosper or his designee. Pressure loss means any reduction in the water pressure supplied by the Town. Reduced Pressure backflow prevention assembly (RP) means an assembly containing two independently acting approved check valves together with a hydraulically operating, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The unit includes properly located resilient- seated Page 184 Item 15. Ordinance No. 2023-__, Page 6 test cocks and two tightly-closing resilient-seated shutoff valves at each end of the assembly. Service connection means the terminal end of a service connection from the public potable water system (i.e., where the water purveyor loses jurisdiction and sanitary control over the water at its point of delivery to the customer's water system). If a meter is installed at the end of the service connection, then the service connection shall mean the downstream end of the meter. Spill-Resistant Pressure Vacuum Breaker (SVB) means an assembly which contains an independently operating internally loaded check valve and an independently operating loaded air inlet valve located on the discharge side of the check valve, with properly located resilient seated test cock, a properly located bleed/vent valve and tightly closing resilient seated shutoff valves attached at each end of the assembly. Supply pressure means the existing pressure in the Town of Prosper water system. System hazard means an actual or potential threat of severe danger to the physical properties of the public or the customer's potable water system or of a pollution or contamination which has or would have a protracted effect on the quality of the potable water in the system. Thermal Expansion means heated water that does not have any space to expand. Town means the Town of Prosper, Texas, and its duly authorized representatives. Used water means any water supplied by a water purveyor from a public water system to a customer's water system after passing through the service connection and which is no longer controlled by the water purveyor. Utility means the Town of Prosper Public Works Department. Utility water service area means all locations within the Town of Prosper water system as defined by the Town's State Certificate of Convenience. Valid Backflow Prevention Assembly Test shall mean test results reported by a Prosper BPAT who performed the test and reported within ten (10) calendar days of the test that meet the performance criteria located within the 10th Edition of the Manual of Cross Connection Control published by the University of Southern California Foundation for Cross Connection Control and Hydraulic Research for the type of backflow prevention assembly tested, unless otherwise noted within this Plan. Water purveyor means the operator of a potable water system supplying at least 15 service connections or servicing at least 25 individuals at least 60 days out of the year. Sec. 13.10.003 Backflow prevention assemblies required. (a) Each service connection from the public water system to premises having an auxiliary water supply shall be protected against backflow of water from the premises into the public water system with a Reduced Pressure Backflow Prevention Assembly (RP). (b) For all newly constructed premises on which a substance is handled so that it may enter the public water system, each service connection from the public water system to such Page 185 Item 15. Ordinance No. 2023-__, Page 7 premises shall be protected against the backflow of water from the premises into the public water system. This requirement shall apply to each premise on which persons handle process water and water originating from the public water system which has been subjected to deterioration in sanitary quality. (c) For all existing premises on which a substance is handled so that it may enter the public water system, each service connection from the public water system to such premises may be required to be protected against the backflow of water from the premises into the public water system upon the determination of the Public Works Director or the Building Official. This requirement shall apply to each premise on which persons handle process waters and waters originating from the public water system which have been subjected to deterioration in sanitary quality. (d) Backflow prevention assemblies shall be installed on a service connection to a premises: (1) having internal cross connections that cannot be permanently corrected and controlled in compliance with this Plan, (2) upon the Public Works Director or Building Official’s determination that an intricate plumbing and piping arrangement exists which makes it impractical to ascertain whether cross connections exist therein, or (3) where a portion of the Premises cannot be readily accessed for inspection purposes making it impractical or impossible to ascertain whether cross connections exist. The owner or person responsible for a property or the maintenance of a property connected to or required to be connected to the public potable water system shall make all necessary arrangements, at its sole expense, to remove without delay security barriers or other obstacles to access by the Public Works Director or the Building Official. (e) If an inter-street main flow may result from two or more services supplying water to the same building, structure, or premises, then a standard check valve shall be installed adjacent to the respective meters and on the owner's property. If a check valve is not adequate to protect the public water system's mains from pollution or contamination, the installation of an approved backflow prevention assembly may be required by the Public Works Director. Approval will be given if a backflow prevention assembly is functioning. (f) If a health hazard exists, a testable backflow prevention assembly or an air gap shall be required. The backflow prevention assemblies shall include a reduced pressure backflow prevention assembly (RP), pressure vacuum breaker (PVB) or a spill-resistant vacuum breaker (SVB). The PVB and SVB shall not be subjected to backpressure. (g) If a business type is located in Table 2 as a health hazard, an RP will be required on the domestic main line, backflow prevention will still be required at point of use as necessary. Sec. 13.10.004 Type of backflow prevention assemblies required. (a) The type of backflow prevention assembly required shall be commensurate with the type of hazard that exists on the customer's premises. The minimum types of backflow prevention assemblies required to protect the Town’s potable water supply are set forth in Table 1 below. However, the water user may choose a higher level of protection than required by the Town. All backflow prevention assemblies shall be from an approved list from the University of Southern California Foundation for Cross-Connection Control and Hydraulic Research. Page 186 Item 15. Ordinance No. 2023-__, Page 8 Table 1 Type of Hazard Minimum Type of Backflow Prevention Assembly Fire protection systems utilizing chemicals or additives (New installations or remodels of existing system) RP- UL or FM &USC approved assemblies only Commercial and residential fire sprinkler systems without chemicals or additives (New installations or remodels of existing systems only) DC-UL or FM &USC approved assemblies only Commercial and residential landscape irrigation systems utilizing chemical additives or hose connections and/or quick couplers RP or AG only Stationary Construction Fire Hydrant Meters RP or AG immediately adjacent to meter Premises where any customer purchasing water for the purpose of resale or distribution RP or AG at each service connection Premises owned by any state, federal, or foreign government or agency RP or AG at each service connection Premises where there is history of cross-connections being established or re-established RP or AG Animal Watering Sites AG or RP or PVB or SVB. PVB or SVB not approved where back pressure situations exist. Non-Health Hazard DC, PVB, SVB, or RP at point of connection to hazard or at the service connection prior to first branch line off customer’s service line. PVB or SVB not approved where back pressure situations exist. Health Hazard AG,RP,PVB, or SVB at point of connection to hazard or at service connection prior to first branch line off customer’s service line. PVB or SVB not approved where back pressure situations exist. Carbonated Drink Machines RP- Stainless Steel Assembly and all downstream piping shall be non- corrosive when in contact with CO2 gas. Situations which are not covered in Table 1 shall be evaluated on a case by case basis, Page 187 Item 15. Ordinance No. 2023-__, Page 9 and the required backflow prevention assembly shall be determined by the Public Works Director. (b) Containment and/or secondary protection shall be required on certain health hazard installations in accordance with the following Table 2, in addition to any other protection, identified herein, which is required to isolate equipment within a facility. The Public Works Director or Building Official may require backflow prevention assembly to be installed on other facilities with a similar degree of hazard in accordance with the Plumbing Code of the Town of Prosper, as amended, or other applicable law. These backflow prevention assemblies shall be installed in the main service line on the building side of the meter or the principle branch serving a single tenant space. The location of the backflow prevention assembly shall be approved by the Public Works Director or Building Official in accordance with the provisions contained in Section 7. Table 2 Premises Isolation Health Hazard Installations Type of Backflow Prevention Required Aircraft and missile plants RP Animal Feedlots RP or AG Animal hospitals or Clinics RP Automotive plants RP Auxiliary water supply RP Breweries RP Building containing a Reclaimed Water System RP Canneries, packing houses, and chemical plants RP Carwash RP Chillers RP Cooling Towers RP Commercial Laundry RP Cold storage facilities RP Connection to sewer pipe RP or AG Dairies RP Dye Works RP Multi-story buildings 3 floors or more RP Dental Office RP Doctor’s Office RP Food and Beverage processing plants RP Funeral home and mortuary RP Green house or nursery (with toxic chemicals) RP Hospitals (parallel system required) RP Laboratories (including medical, dental, and research labs, and labs at educational facilities) RP Manufacturing plant RP Page 188 Item 15. Ordinance No. 2023-__, Page 10 Meat Processing plant RP Metal manufacturing, cleaning, processing and fabrication plants RP Morgues, mortuaries, or autopsy facilities RP Micro chip fabrication facilities RP Multi-story buildings 3 floors or more RP Paper and paper products plants RP Petroleum processing or storage facilities RP Photo and film processing RP Plants using radioactive materials RP Plating or Chemical plants RP Premises where inspection is restricted or exempted RP Private/Individual Unmonitored Wells RP Rainwater Harvesting Systems RP Reclaimed water systems RP Rendering plant RP Restricted, classified or other closed facilities RP Sewage lift Stations RP Sewage treatment plants RP Slaughter houses RP Steam plants RP Space Heating Boilers RP Internal Protection Health Hazard Installations Type of Backflow Prevention Required Aspirators RP, PVB, or SVB Autoclave RP Autopsy and mortuary equipment RP, PVB, or SVB Bedpan washers RP, PVB or SVB Chemical Dispensers AG, RP, PVB or SVB Connection to industrial fluid systems RP Connection to plating tanks RP Connection to salt-water cooling systems RP Connection to sewer pipe AG Cooling towers with chemical additives AG Cuspidors RP, PVB, or SVB Page 189 Item 15. Ordinance No. 2023-__, Page 11 Domestic space heating boiler RP Dye vats or machines RP Fire-fighting system (toxic liquid foam concentrates RP Flexible shower heads AVB, RP, PVB, or SVB Heating equipment commercial RP Heating equipment domestic DCVA Hose bibs AVB or HBVB Irrigation systems on properties with OSSF’s RP -specific conditions on existing systems addressed in irrigation ordinance Commercial dishwashers RP Disposals or grinders with water connections RP Lab bench equipment RP, PVB, or SVB Ornamental fountains RP, PVB, or SVB Pitcher, cup or glass washers AG or RP Swimming pools- Public RP Swimming pools- Private RP, PVB, or SVB Sewage pump AG Sewage ejectors AG Shampoo basins RP, PVB, or SVB Specimen tanks RP, PVB, or SVB Steam generators RP Steam tables RP, PVB, or SVB Sterilizers RP Tank vats or other vessels containing toxic substances RP Trap Primers AG Vending machines RP, PVB, or SVB Water Filters- Commercial RP* Water Filters- Residential R/O or Whole home RP Water Softeners RP Watering troughs AG, PVB, or SVB Page 190 Item 15. Ordinance No. 2023-__, Page 12 *Commercial in-line filters currently protected with DCVA’s may continue to be served by current protection until it is no longer repairable in-line at which time it must be upgraded to an RP. NOTE: AG=air gap; DCVA=double check valve backflow prevention assembly; PVB=pressure vacuum breaker; SVB=spill resistant vacuum breaker; RP=reduced pressure backflow prevention assembly. Sec. 13.10.005 Backflow prevention assembly installation requirements. (a) All new, replacement, or reconditioned backflow prevention assemblies shall be installed in accordance with the International Plumbing Code, as adopted and amended by the Town of Prosper and with the following standards, unless otherwise directed or approved by the Public Works Director. (1) Plumbing permit required. Prior to installation, a plumbing permit must be obtained from the Building Inspection Department of the Town. (2) Installation. The assembly shall not be located in the same vault or meter box with the Town's water meter. Backflow assemblies shall not be installed within three (3) feet of a water meter box or vault. All backflow assembly installation shall be done in accordance to the approval set forth in the list of Approved Backflow Prevention Assemblies issued by the University of Southern California Foundation for Cross- Connection Control and Hydraulic Research, a copy of which is on file in the Town Public Works Department. If installed in a structure all backflow assemblies must be easily accessible for testing, repair or replacement. (3) Location. The owner or occupant must prove to the Town that no connections or tees are located between the meter and the backflow prevention assembly. The relief valve discharge on a reduced pressure backflow assembly (RP) shall not be solidly piped into a sump, sewer, drainage ditch, etc. Test cocks shall not be used as supply connections. (4) Air gap separation (AG). All piping from the service connection to the receiving tank shall be above grade and be entirely visible. No water use shall be provided from any point between the service connection and the air gap separation. The water inlet piping shall terminate at a distance of at least two (2) pipe diameters of the supply inlet, but in no case less than one (1) inch above the overflow rim of the receiving tank. An ‘approved air gap separation’ shall be at least twice the diameter of the supply pipe measured vertically above the overflow rim of the vessel and shall in no case be less than one (1) inch (2.54cm). (5) Reduced pressure backflow assemblies (RP). Reduced pressure backflow assemblies shall be installed above ground level and shall be placed a minimum of twelve (12) inches above the finished grade to allow clearance for repair work. A freeze-proof enclosure with a concrete slab at finished grade is recommended. Where it is impractical to install the assembly outside, the installation may be made inside the building in an area not susceptible to flooding. Proper free flowing/gravity drainage must be provided for the relief valve. If the drain line is to drain outside, then the termination point must be a minimum of twelve (12) inches above finished grade. Page 191 Item 15. Ordinance No. 2023-__, Page 13 (6) Double check valve assemblies (DC). Double check valve assemblies can be installed above finished grade in a freeze-proof enclosure or below grade in a vault. If assembly is installed below grade the test cocks must be plugged with corrosion resistant watertight plugs. Assembly shall be a minimum of twelve inches above the floor. (7) Bypass. If a bypass is installed around any approved backflow prevention assembly, the bypass must be protected from backflow/back pressure with the same type of backflow prevention assembly that it has bypassed. The backflow prevention assembly on the bypass must be installed according to the same requirements as the service line assembly. (8) Thermal Expansion. The installation of a backflow assembly may create a closed system which may result in thermal expansion. (b) Lost Pressure. The Town is not responsible for any pressure loss created by the installation of a backflow assembly. Sec. 13.10.006 Inspection, testing, and registration of backflow prevention assemblies. (a) Testing of backflow prevention assemblies. The owner, occupant, manager, or other person in control of any premises or the person responsible for the maintenance of the property on which, or on account of which, backflow prevention assemblies are installed, shall have the assemblies tested by a Prosper BPAT. Backflow prevention assemblies shall be tested annually and shall also be tested immediately after installation, relocation, repair or work performed upstream of the assembly. However, upon ten (10) days prior written notice by the Town to the owner, occupant, manager, or other person in control of the premises or the person responsible for the maintenance of the property must provide more frequent testing as required in the written notice. (b) Report of backflow prevention assembly test. A Town of Prosper Backflow Prevention Assembly Test Report form (original form) shall be completed by a Prosper BPAT on each backflow prevention assembly tested. Each completed original form, together with the records of tests, repairs, or replacement, shall be submitted via town portal or email to the Public Works Department of the Town of Prosper within ten (10) calendar days after the testing, repair, replacement, or work performed upstream of the assembly. (c) Test Results. Only backflow prevention assembly field test procedures approved by the University of Southern California Foundation for Cross-Connection Control and Hydraulic Research will be accepted. If an assembly fails, the Prosper BPAT shall immediately notify the Public Works Director or his designee in person or by phone during regular business hours of the Town of Prosper Public Works Department. If an assembly failure occurs at any time other than regular business hours, the Prosper BPAT shall notify the Public Works Director or his designee on the next regular business day. Upon notification to the Public Works Director or his designee of assembly failure, the Public Works Director or his designee will notify the owner, occupant, manager or other person in control of any premises or the person responsible for the maintenance of the property of the time period that they have to repair or replace the assembly. The assembly shall be replaced or repaired within the time period set by the Public Works Director or his designee or within five (5) Page 192 Item 15. Ordinance No. 2023-__, Page 14 calendar days from the date of assembly failure whichever date is sooner. In the event of assembly failure, the tester must contact the Public Works Directors designee. (d) Registration and maintenance of backflow prevention assemblies. (1) Each backflow prevention assembly located on property subject to this Plan shall be registered with the Public Works Department of the Town of Prosper. (2) The owner, occupant, manager, other person in control of the property or the person responsible for the maintenance of the property is responsible for general maintenance and upkeep of all approved backflow prevention assemblies located thereon. (3) Backflow prevention assemblies shall be tested, repaired, and/or replaced at the expense of the owner, occupant, manager, other person in control of the property or the person responsible for the maintenance of the property whenever such assemblies are determined to be defective by the Public Works Director or Building Official. An assembly is defective if it is not a properly installed backflow prevention assembly as required by this Department. (e) New Plumbing or Plumbing Modifications. The Building Official or Public Works Director’s designee shall inspect all new backflow prevention assembly installations, which are subject to this Plan and are required by application for a plumbing permit. A Customer Service Inspection form shall be completed by the Building Official or Public Works Director on each new plumbing installation or on plumbing modifications. Each completed form shall be received by the Public Works Department within ten (10) days after the inspection. (f) Existing properties. The Public Works Directors designee shall inspect all existing properties connected to the potable water system for the purpose of determining whether a cross- connection exists and what type of backflow prevention assembly should be installed pursuant to this Plan. (g) Existing backflow prevention assemblies. Properties with existing backflow prevention assemblies installed in their system, which have not been registered with the Public Works Director, as of the effective date of this Plan shall come into compliance with the provisions of this Plan within sixty (60) days of notification unless the Public Works Director finds a health hazard exists in which case the Public Works Director shall determine the appropriate time of compliance. (h) Existing assemblies in compliance. The owner, occupant, manager, or other person in control of any premises or the person responsible for the maintenance of a property with existing assemblies, which comply with the provisions of this Plan, shall provide written proof that each such assembly has been properly maintained and serviced by a Prosper BPAT. If maintenance and service records are not available, the assembly shall be tested in accordance with the requirements of this Plan. (i) Replacement. If the assembly is not capable of being tested, identified, or cannot be repaired, it must be replaced with an approved assembly in accordance with the requirements of this Plan. (j) Testing Fee. A $25.00 fee shall be submitted to the Town for each backflow Page 193 Item 15. Ordinance No. 2023-__, Page 15 prevention assembly tested and shall be paid at the time that the Prosper BPAT files the Backflow Prevention Assembly Test Report form with the Town. (k) Retesting Fee. A $25.00 fee shall be submitted to the Town for each backflow prevention assembly that is required to be retested due to a deficiency or a violation of this Plan including, an invalid test report, or one of the following; • Falsification of Backflow Prevention Assembly Test Report form • Incorrect serial number • Blank or incomplete information fields on Backflow Prevention Assembly Test Report forms, • Prosper BPAT’s test gauges are not registered with the Town • Duplicate serial number on multiple Backflow Prevention Assembly Test Report forms • Performing a Backflow Prevention Assembly Test using unapproved testing procedures • Inappropriate registration with the Town • BPAT is not registered with the Town of Prosper Public Works Department at the time the test(s) was performed. (l) Retest procedure. The retest(s) shall be performed in the presence of the Public Works Director or his designee. The retest(s) shall be completed within five (5) business days from first notification. Any retest(s) required shall be performed by the Prosper BPAT or BPAT who is responsible for the deficiency or violation unless the Prosper BPAT or BPAT has resigned or lost their testing privileges. All retest(s) should be performed during normal Town business hours. (m) Exemption. Atmospheric Vacuum Breakers are exempt from this section. Sec. 13.10.007 Quality assurance program. To assure the quality of the backflow prevention tests being performed each month at least one (1) but no more than five (5) Prosper BPATs will be randomly selected to be observed by the Public Works Director or his designee. The tester will be notified by certified mail to the address on file with the Town. When a tester has been chosen for random observation he/she shall have thirty (30) calendar days from the date of the letter to schedule and complete an approved observation with the Town Public Works department. Failure to do so shall result in the Prosper BPAT’s testing privileges being suspended. Testing privileges shall not be reinstated until the observation has been completed and approved. Sec. 13.10.008 Removal of backflow prevention assembly. (a) Removal. Prior written approval must be obtained from the Public Works Director before a backflow prevention assembly may be removed or relocated. (b) Discontinued use. The use of a backflow prevention assembly may be discontinued, and the assembly removed from service, upon written approval from the Public Works Director after presentation to the Public Works Director of sufficient written evidence to verify that a hazard no longer exists and is not likely to be created in the future. Page 194 Item 15. Ordinance No. 2023-__, Page 16 (c) Relocation. A backflow prevention assembly may be relocated following written approval from the Public Works Director or his designee after presentation to the Public Works Director or his designee of sufficient written evidence to verify that the relocation will continue to provide the required protection and satisfy installation requirements. An assembly may not be removed for relocation unless water use is discontinued, until the relocation is complete, or until the service connection is equipped with other backflow protection approved by the Public Works Director or his designee and sufficient to prevent backflow during relocation. A retest will be required following the relocation of the assembly. (d) Repair. A backflow prevention assembly may be removed for repair and a retest will be required following the repair of the assembly. Before an assembly is repaired, the Prosper BPAT shall notify the Public Works Director or his designee. The Public Works Director or his designee shall determine the time period allowed for repair of the assembly and determine whether water service will be discontinued during that time period. (e) Replacement. An assembly may be removed and replaced. All replacement assemblies must be approved by the Public Works Director or his designee and must be commensurate with the degree of hazard involved. A retest will be required following the replacement of the assembly. Before an assembly is replaced, the Prosper BPAT shall notify the Public Works Director or his designee. The Public Works Director or his designee shall determine the time period allowed for replacement of the assembly and determine whether water service will be discontinued during that time period. Sec. 13.10.009 Requirements for Backflow Prevention Assembly Testers. (a) Registration. Prior to performing any testing of backflow prevention assemblies within the Town of Prosper, a backflow prevention assembly tester must be registered with the Town of Prosper. (1) Eligibility for registration shall be conditioned upon applicant providing proof that they are currently licensed as a backflow prevention assembly tester by the Texas Commission on Environmental Quality and have not been found to be in violation of Section 12 of this Plan. (2) Each applicant licensed as a backflow prevention assembly tester with the State shall furnish evidence to the Public Works Director to show that he/she has available the necessary tools and equipment to properly test and certify such assemblies. Serial numbers of all test gauges shall be registered with the Public Works Director. Registered serial numbers of test gauges shall be listed on tests and maintenance reports prior to being submitted to the Public Works Director. Each recorded test kit shall be tested annually for accuracy and calibrated to maintain a +/- two percent (+/-2%) accuracy factor. Failure to register the serial number or calibrate gauges annually shall be grounds for temporary suspension of a tester’s registration until compliance with this requirement is attained. (3) Registration shall remain in force provided that the tester maintains his/her eligibility for registration by complying with all requirements of this Plan and applicable State law. Evidence of renewal of the tester’s TCEQ backflow prevention assembly testing license shall be furnished to the Public Works Director upon request. A tester shall advise the Public Works Director if the tester’s State license is ever suspended or terminated Page 195 Item 15. Ordinance No. 2023-__, Page 17 within five (5) business days of notice to the tester of such suspension or termination. (b) Registration Fee. An annual registration fee as found in appendix A shall be paid at the time an application for annual registration is submitted to the Public Works Director. (c) Responsibilities of Testers. Prosper BPAT’s shall be responsible for performing competent tests, issuing accurate reports of backflow prevention assemblies tested, filing timely backflow prevention assembly test reports and test fees to the Town. Prosper BPAT’s shall not change the design or operational characteristics of a backflow prevention assembly during repair or maintenance without prior written approval of the Public Works Director. Sec. 13.10.010 Revocation of assembly tester registration. (a) Failure to make immediate notification of a backflow prevention assembly field test failure as required by this Plan shall result in revocation of the Prosper BPAT’s registration. (b) Refusal to perform retest(s) or pay appropriate fee as required by this Plan shall result in revocation of Prosper BPAT’s registration. (c) Submitting a falsified test report shall result in revocation of a Prosper BPAT’s registration. (d) The Public Works Director shall send written notice to the Prosper BPAT at the last known address on file for the Prosper BPAT informing the Prosper BPAT of a revocation. The date specified on the notice shall be the effective date of the revocation. Sec. 13.10.011 Prohibited conduct. The following actions or omissions are prohibited: (a) Installing, allowing to remain installed, or maintaining a potable water supply, piping, or part thereof in such a manner that allows used, unclean, polluted, or contaminated water, mixtures, gasses, or other substances to enter any portion of the public potable water supply by reason of back siphonage, back pressure, or any other cause. (b) Maintaining any water-operated equipment or mechanism or use of any water- treating chemical or substance if it is determined that such equipment, mechanism, chemical, or substance may cause pollution or contamination of the public potable water supply. Provided, however, that such equipment or mechanism may be permitted when equipped with a backflow prevention assembly approved by the Town. (c) Connecting, allowing to be connected, or allowing to remain connected to the public potable water system any mechanisms or systems designed to return used water to the public potable water system. (d) Connecting, allowing to be connected, or allowing to remain connected to the public potable water system an auxiliary water system without the prior written approval of the Public Works Director or his designee. (e) Incorrectly installing a backflow prevention assembly or allowing an incorrectly Page 196 Item 15. Ordinance No. 2023-__, Page 18 installed backflow prevention assembly to remain installed. (f) Failing to report to the Public Works Director or his designee a backflow prevention assembly that failed a test. (g) Falsifying any information in a backflow prevention assembly testing report submitted to the Town. (h) Conducting a backflow assembly test without being registered with the Town. (i) Conducting a backflow assembly test without a valid registration. (j) Submitting an incomplete backflow prevention assembly testing report to the Town. (k) Disconnecting, Removing, or discontinuing the use of a backflow prevention assembly without the written permission of the Public Works Director or his designee. Sec. 13.10.012 Private Customer Service Inspection (a) Completion of a private customer service inspection (CSI). The owner, manager, or other person in control of any premises, or the person responsible for the maintenance of the property on which, or on account of which, an auxiliary water supply exists, shall have the physical separation of the auxiliary water supply and the public water supply verified annually by a customer service inspector registered in the town. The verification of a physical separation between the auxiliary water supply and the public water supply must also be attended by a member of the town’s Public Works Department who will perform a” meter disconnection test” during the CSI. The TCEQ “air gap” will only be allowed on existing systems that do not currently have an existing RPZ, as of the effective date of this article. The physical separation between the auxiliary water supply and the public water supply shall be verified annually and upon installation, relocation, repair or work performed upstream of the separation; however, upon ten (10) calendar days prior written notice by the town to the owner, occupant, manager, or other person in control of the premises, or the person responsible for the maintenance of the property must provide for more frequent inspection, as required in the written notice. (b) Report of private customer service inspection. A town customer service inspection certificate (original form) shall be completed by a customer service inspector, licensed in accordance with TCEQ requirements, for each premises inspected. Each completed certificate shall be emailed to the Public Works Director or designee within ten calendar days of the inspection. (c) Customer service inspection fee. A customer service inspection fee as found in appendix A to this Code shall be submitted to the Town for each customer service inspection completed and shall be paid at the time that the customer service inspector files the customer service inspection certificate with the Town. (d) Public Works fee. A public works fee as found in appendix A to this Code shall be submitted to the Town to perform a meter disconnection test during each CSI, and shall be paid at the time that the customer service inspector files the customer service inspection certificate with the town. Page 197 Item 15. Ordinance No. 2023-__, Page 19 Sec. 13.10.013 Penalty. Any customer, as that term is defined pursuant to Title 30, Part 1, Chapter 291 of the Texas Administrative Code, as amended, failing to comply with the provisions of the Backflow Prevention Plan shall be subject to a fine of up to two thousand dollars ($2,000.00) per day per occurrence and/or discontinuance of water service by the Town. Proof of a culpable mental state is not required for a conviction of an offense under this section. Each day a customer fails to comply with the Backflow Prevention Plan is a separate violation. The Town’s authority to seek injunctive or other relief available under the law shall not be limited by this section.” SECTION 3 From and after the effective date of this Ordinance, Appendix A, “Fee Schedule,” to the Town’s Code of Ordinances is hereby amended to read as follows: “Sec. XVIII Backflow Prevention Plan and Enforcement Fees The Town may elect to exercise the following administrative remedies for violations of the Town’s Backflow Prevention Plan in lieu of pursuing criminal penalties against non-single family water account holders, such as business and professional parks, homeowners’ associations, apartments, home builders, land developers, and entities other than customers residing at single family homes. (1) Administrative Fees. The following administrative fees that will be assessed: Backflow Registration Fee $100.00 Backflow Test (per assembly) $25.00 CSI Fee $25.00 Public Works Fee $50.00 Retest (per device) $25.00 (2) Contesting Violations. A non-single family water customer as defined above may request a hearing before a hearing officer(s) appointed by the Executive Director of Development and Community Services within fifteen (15) business days after the date on the Notice. The hearing officer(s) shall evaluate all information offered by the petitioner at the hearing. The customer shall bear the burden of proof to show why, by preponderance of the evidence, the administrative fee should not be assessed. The hearing officer(s) will render a decision in writing within three (3) business days of the conclusion of the hearing. A customer may appeal the decision from the hearing officer(s) in writing to the Executive Director of Development and Community Services within three (3) business days of the conclusion of the hearing. The decision by the Executive Director of Development and Community Services is final and binding. (3) Paying Assessed Fees. If, after the expiration of the fifteen (15) business days from the date on the Notice, the customer has not requested an administrative hearing to contest the assessment of an administrative fee or paid the administrative fee, the Town shall apply and charge the assessed administrative fee to the customer’s next Town Utility Bill. Page 198 Item 15. Ordinance No. 2023-__, Page 20 (a) Unpaid assessed administrative fees related to violations of Backflow Prevention Plan restrictions under the Town Plan shall incur late payment penalties and may result in termination of water service.” SECTION 4 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5 Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause or phrase thereof regardless of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 6 The Town Manger or his designee is hereby directed to file a copy of the Town’s Backflow Prevention Plan and this Ordinance with the Commission in accordance with Title 30, Chapter 288 of the Texas Administrative Code. SECTION 7 This Ordinance shall take effect and be in full force from and after its passage and publication, as provided by the Revised Civil Statutes of the State of Texas and the Home Rule Charter of the Town of Prosper, Texas. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS ___ DAY OF _______________, 2023. APPROVED: ________________________________ David F. Bristol, Mayor ATTEST: ___________________________________ Michelle Lewis Sirianni, Town Secretary Page 199 Item 15. Ordinance No. 2023-__, Page 21 APPROVED AS TO FORM AND LEGALITY: __________________________________ Terrence S. Welch, Town Attorney Page 200 Item 15. Page 1 of 2 To: Mayor and Town Council From: Frank E. Jaromin, P.E., Director of Public Works Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Wastewater Odor Control Town Council Meeting – October 24, 2023 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon approving an annual fixed-price agreement for the purchase of Hydrogen Sulfide Odor Control Technology for the Town’s wastewater system, at the unit prices guaranteed, from Helix Laboratories, Inc., a sole source provider. Description of Agenda Item: As a result of hydrogen sulfide odor complaints from residents in Whitley Place, whose property runs along Wilson Creek, staff began treating the wastewater heading to North Texas Municipal Water District (NTMWD), on June 23, 2020. Due to the continuous need and the estimated annual expenditure, staff is requesting to establish an annual fixed-price agreement for the purchase of ACTI-Mag HP, a Hydrogen Sulfide Odor Control Technology, in order to create a more efficient ordering process and to guarantee u nit prices for an extended period of time. Helix Laboratories is the sole supplier of ACTI-Mag XP and has provided a guaranteed price list for products effective through September 30, 2024. Orders will be placed on an as-needed basis only, and at the guaranteed price. For each subsequent year, the price list will be updated accordingly. This purchase falls within the definition of a procurement that is available from only one source (Chapter 252 of the Local Government Code) and is exempt from competitive bidding requirements. Core & Main is the only authorized distributor of Neptune water meters in the North Texas region. Budget Impact: The estimated annual expenditure is $243,512.00 and will be funded from account 200-5660-50- 03. Subsequent annual expenditures will be subject to appropriations granted in future fiscal years. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. PUBLIC WORKS Page 201 Item 16. Page 2 of 2 Attached Documents: 1. Price Agreement 2. Sole Source Letter Town Staff Recommendation: Town staff recommends approving an annual fixed-price agreement for the purchase of Odor Control Technology, at the unit prices guaranteed, from Helix Laboratories, Inc., a sole source provider. Proposed Motion: I move to approve an annual fixed-price agreement for the purchase of Odor Control Technology, at the unit prices guaranteed, from Helix Laboratories, Inc., a sole source provider. Page 202 Item 16. Odor and Grease Control Experts October 10, 2023 James Rodriguez Water & Wastewater Superintendent Town of Prosper, TX 601 W. Fifth Street Prosper, TX 75078 Re: Proposal for Helix’s HI-Mag pH Odor Control Technology James: Thank you for the opportunity to propose our Helix’s HI-Mag pH Hydrogen Sulfide Odor Control technology, for fiscal year 2024, to the Town of Prosper. Since the beginning of 2020, Helix has valued our relationship with the Town of Prosper and we look forward to that continued quality service in FY 2024, as well as many more years to come. Our service and product quality are superior in the industry and have achieved a higher level with the addition of the new production facility located in Lufkin Texas. Our new plant will provide the HI-Mag pH magnesium hydroxide in bulk loads with minimal lead times. HI-MAG pH is a proprietary, concentrated aqueous suspension of magnesium hydroxide (hydrated lime of magnesia) produced from calcined, high purity, natural magnesite. This product is manufactured in Lufkin, TX as well as other strategical locations using a proprietary blend of dispersants that result in optimum storage stability and reactivity. HI-MAG pH provides a highly reactive source of magnesium hydroxide (Mg(OH)2) for use in water treatment, and wastewater treatment applications. HI-MAG pH offers a safe, non-hazardous means of effective acid neutralization, coagulation, H2S and heavy metals removal in wastewater and process streams. HI-Mag pH Chemical Composition Magnesium Hydroxide >95.8% Calcium Hydroxide > 1.6% Ferric Oxide > 1.09% Manganese Oxide > .09% Silica > 1.09% Page 203 Item 16. Your Pricing is as follows: Item Code Qty Description $/Gal. Total Bulk Load 1,970 Gallons Helix HI-Mag pH $4.99 $9,830.30 Delivered Prosper will be billed based on the weight of delivery. Helix appreciates the business relationship we have with The Town of Prosper and is looking forward to continuing service through FY2024 and beyond. Best Regards, Eric Stone VP of Odor & Corrosion Solutions 5050 Quorum Dr. STE 700 Dallas, TX 75254 estone@helixlabs.com 817-876-1714 www.helixlabs.com Page 204 Item 16. James Rodriguez Water & Wastewater Superintendent Town of Prosper 601 W Fifth Street Prosper, TX 75078 Dear James This letter is confirmation that Helix Laboratories is the sole supplier of HI-MAG pH controlling Hydrogen Sulfide in wastewater systems. Please let me know if you need further information. Best regards, Eric Stone Helix Laboratories Inc. www.helixlabs.com Page 205 Item 16. Page 206 Item 16. Page 1 of 2 To: Mayor and Town Council From: Frank E. Jaromin, P.E., Director of Public Works Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Water Pump Maintenance Town Council Meeting – October 24, 2023 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon approving the rebuild of Pump 4 and Pump 5 utilizing Legacy Contracting LP dba Control Specialist LP through the City of Plano cooperative best value Contract No.: 2021- 0125-AC. Description of Agenda Item: Water pump maintenance was an approved budget item. Rebuilding Pump 4 and Pump 5 will provide more reliable pumps during the summer. Maintenance on these pumps is needed because the new Lower Pump Station has been delayed due to a shortage of materials and equipment. Since water usage increases each year and the need for pumps to be operated consistently and at times, continuously, these pumps need rebuilding. Local Government Code 271.102, Subchapter F. Cooperative Purchasing Program authorizes the Town to participate with another local government of the state to purchase goods or services and make payment directly to a vendor under a contract with the local government, while satisfying all state and competitive bid laws. Budget Impact: The total amount for maintenance is $111,630 for both pumps and will be funded from Capital Expenditure – Equipment, account number 200-6140-50-02. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. City of Plano Contract 2. Pump 4 Estimate 3. Pump 5 Estimate PUBLIC WORKS Page 207 Item 17. Page 2 of 2 Town Staff Recommendation: Town staff recommends approving the rebuild of Pump 4 and Pump 5 utilizing Legacy Contracting LP dba Control Specialist LP through the City of Plano cooperative best value Contract No.: 2021- 0125-AC. Proposed Motion: I move to approve the rebuild of Pump 4 and Pump 5 utilizing Legacy Contracting LP dba Control Specialist LP through the City of Plano cooperative best value Contract No.: 2021-0125-AC. Page 208 Item 17. Page 209Item 17. ESTIMATE Control Specialist Services, L.P. *Contract No. 2021-0125-AC PO Box 1479 Decatur, TX 76234 DATE: September 18, 2023 www.csstex.com To: Town of Prosper Location: Custer Pump Station Attn: Mr. Jake Sonnevelt This estimate includes the following services: • Pull pump #4 at Custer Pump Station • Set motor back in building and wire anti-condensation heaters • Haul pump back to shop • Breakdown pump and document findings • Replace all wear items in pump and rebuild • Haul pump back to pump station and install • Test operation of pump Material 1. 1 new bowl shaft 2. 2 new bowl and suction bell bearing 3. 2 new bowl wear rings 4. 3 new impeller keys 5. 3 new impeller rings 6. 1 new suction sand collar 7. 1 new discharge sand collar 8. 3-new marine bearings $ 30,235.00 9. Blasting and Coating $ 13,500.00 Crane rental to pull pump $ 1,350.00 DOT truck and trailer $ 750.00 Labor to pull pump (3 Men) $ 1,680.00 Labor to break down pump and document findings $ 1,240.00 Labor to install new bearings $ 1,240.00 Labor to assemble pump in shop $ 1,240.00 Labor install pump (3 Men) $ 1,680.00 DOT truck and trailer $ 750.00 Crane rental to install pump $ 1,350.00 Transportation energy fee $ 800.00 Total $ 55,815.00 Note: price is an estimate due to any unforeseen developments Page 210 Item 17. Note: price does not include any unforeseen parts or labor Note: price does not include freight pre pay & add Note: price does not include initial call out Note: Due to logistical volatility, partial billing for stored materials shall apply Note: delivery can be made in 12 to 14 weeks EXCLUSIONS: Bypassing of station and/or operating of city valves. It is the responsibility of the city to provide safe working conditions. If extra labor or materials not described above are required due to unforeseen problems the owner will be notified for approval before work is completed. This ESTIMATE is good for 30 days from the date referenced above. We thank you for considering Control Specialist Services for your service needs. Please call if you have any questions. Sincerely, Aaron Holt Service Manager 940-626-1415 Email aaronh@csstex.com Page 211 Item 17. ESTIMATE Control Specialist Services, L.P. *Contract No. 2021-0125-AC PO Box 1479 Decatur, TX 76234 DATE: September 18, 2023 www.csstex.com To: Town of Prosper Location: Custer Pump Station Attn: Mr. Jake Sonnevelt This estimate includes the following services: • Pull pump #5 at Custer Pump Station • Set motor back in building and wire anti-condensation heaters • Haul pump back to shop • Breakdown pump and document findings • Replace all wear items in pump and rebuild • Haul pump back to pump station and install • Test operation of pump Material 1. 1 new bowl shaft 2. 2 new bowl and suction bell bearing 3. 2 new bowl wear rings 4. 3 new impeller keys 5. 3 new impeller rings 6. 1 new suction sand collar 7. 1 new discharge sand collar 8. 3-new marine bearings $ 30,235.00 9. Blasting and Coating $ 13,500.00 Crane rental to pull pump $ 1,350.00 DOT truck and trailer $ 750.00 Labor to pull pump (3 Men) $ 1,680.00 Labor to break down pump and document findings $ 1,240.00 Labor to install new bearings $ 1,240.00 Labor to assemble pump in shop $ 1,240.00 Labor install pump (3 Men) $ 1,680.00 DOT truck and trailer $ 750.00 Crane rental to install pump $ 1,350.00 Transportation energy fee $ 800.00 Total $ 55,815.00 Note: price is an estimate due to any unforeseen developments Page 212 Item 17. Note: price does not include any unforeseen parts or labor Note: price does not include freight pre pay & add Note: price does not include initial call out Note: Due to logistical volatility, partial billing for stored materials shall apply Note: delivery can be made in 12 to 14 weeks EXCLUSIONS: Bypassing of station and/or operating of city valves. It is the responsibility of the city to provide safe working conditions. If extra labor or materials not described above are required due to unforeseen problems the owner will be notified for approval before work is completed. This ESTIMATE is good for 30 days from the date referenced above. We thank you for considering Control Specialist Services for your service needs. Please call if you have any questions. Sincerely, Aaron Holt Service Manager 940-626-1415 Email aaronh@csstex.com Page 213 Item 17. Page 1 of 3 To: Mayor and Town Council From: Hulon T. Webb, Jr., P.E., Director of Engineering Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Shortlist of Qualified Firms to Provide Various Engineering Services Town Council Meeting – October 24, 2023 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon approving a shortlist of qualified firms to provide various engineering services to the Town of Prosper. Description of Agenda Item: On June 29, 2023, at 2:00PM, one hundred forty-six (146) submittals were received in response to RFQ No. 2023-32-A for Various Engineering Services for the Town of Prosper. Responses were divided into eight (8) categories based on specialties within the engineering industry and companies were requested to submit for their strongest three (3) categories. The categories were: Roadway Design, Water/Wastewater Design, Storm Drain Design, Traffic Engineering, Topographical and Property Survey, Land Acquisitions and Appraisal Services, Subsurface Utility Exploration, and Geotechnical Engineering and Material Testing. A review committee, consisting of engineering staff, evaluated each firm’s response based on the following areas of criteria: firm’s general information, professional qualification of individual team members, relative project experience, and supplemental information. The following shortlist identifies, in alphabetical order, the firms that were determined to be the most highly qualified in each category: Roadway Design:  Binkley & Barfiled, Inc  CP&Y, Inc  EST, Inc  Garver, LLC  Grantham & Associates, Inc  Halff Associates, Inc  Huitt-Zollars, Inc  Kimley-Horn and Associates, Inc  Lockwood, Andrews & Newman, Inc  Teague Nall and Perkins, Inc ENGINEEERING SERVICES Page 214 Item 18. Page 2 of 3 Water/Wastewater Design:  CP&Y, Inc  Freese and Nichols, Inc  Garver, LLC  Kimley-Horn and Associates, Inc  Lockwood, Andrews & Newman, Inc Storm Drain Design:  Freese and Nichols, Inc  Huitt-Zollars, Inc  Lockwood, Andrews & Newman, Inc  Teague Nall and Perkins, Inc  Walter P. Moore and Associates, Inc Traffic Engineering:  Binkley & Barfield, Inc  Cobb, Fendley & Associates, Inc  Kimley-Horn and Associates, Inc  Lee Engineering, LLC  Stantec Consulting Services, Inc Topographical and Property Survey:  CP&Y, Inc  Grantham & Associates, Inc  PJB Surveying, LLC  Schaumburg & Polk, Inc Land Acquisitions and Appraisal Services:  Halff Associates, Inc  Lowery Property Advisors  McCarthy Right of Way Partners, Inc  Whitman Land Group Subsurface Utility Exploration:  None Selected Geotechnical Engineering and Material Testing:  Alliance Geotechnical  D&S Engineering Labs, Inc  ECS Southwest, LLP  Kleindfelder, Inc  Raba Kistner, Inc Approval of this list does not authorize the award of a contract for professional engineering services, nor does it guarantee that a contract will be awarded to any individual firm on the list. As the need arises, individual contracts will be negotiated with qualified firms from this list and awarded in accordance with the Town's purchasing policies. The shortlist of qualified firms will remain in effect for a period of approximately five (5) years. Page 215 Item 18. Page 3 of 3 Budget Impact: This item does not authorize the expenditure of funds. Funding for individual contracts will be allocated through the Town's budget process. Legal Obligations and Review: Not applicable. Attached Documents: 1. Shortlist of Qualified Firms Town Staff Recommendation: Town staff recommends that the Town Council approve a shortlist of qualified firms to provide various engineering services to the Town of Prosper. Proposed Motion: I move to approve a shortlist of qualified firms to provide various engineering services to the Town of Prosper. Page 216 Item 18. Town of Prosper Shortlist of Qualified Firms to Provide Various Engineering Services Effective October 24, 2023 The Town has selected several qualified firms to be shortlisted for each major category of work for a period five (5) years for the professional services outlined herein, except that a firm short listed for one major category of work shall not be prohibited from performing incidental work related to another work category. As specific projects or tasks arise, the Town will select the firm it determines to be qualified to perform the services necessary for the project or task and attempt to negotiate an agreement. If the Town is unable to reach a satisfactory agreement, negotiations will cease with the selected firm and the Town may commence negotiations with another firm determined to be qualified. This procedure will continue until a satisfactory agreement is negotiated. The decision by the Town is final. Placement on the Town’s short list is not a guarantee of work. Upon successful negotiations with the selected firm, a Professional Services Agreement will be developed and executed by both parties, contingent upon the appropriate approval by the Town. By submitting a SOQ, the firm agreed to the language of the Professional Services Agreement as shown in Exhibit “C” of the RFQ. The Town will not change the language of the agreement at the request of the selected firm unless there is an applicable change in the governing law. Typically, the assigned project or task will commence upon final execution of a Professional Services Agreement, within 30 days from the award of contract to the successful firm. A plans checklist may be provided to the selected firm during the scoping process for the individual project. A project time frame will be coordinated with the selected firm. Roadway Design: • Binkley & Barfiled, Inc • CP&Y, Inc • EST, Inc • Garver, LLC • Grantham & Associates, Inc • Halff Associates, Inc • Huitt-Zollars, Inc • Kimley-Horn and Associates, Inc • Lockwood, Andrews & Newman, Inc • Teague Nall and Perkins, Inc Water/Wastewater Design: • CP&Y, Inc • Freese and Nichols, Inc • Garver, LLC • Kimley-Horn and Associates, Inc • Lockwood, Andrews & Newman, Inc Page 217 Item 18. Town of Prosper Shortlist of Qualified Firms to Provide Various Engineering Services Effective October 24, 2023 Storm Drain Design: • Freese and Nichols, Inc • Huitt-Zollars, Inc • Lockwood, Andrews & Newman, Inc • Teague Nall and Perkins, Inc • Walter P. Moore and Associates, Inc Traffic Engineering: • Binkley & Barfield, Inc • Cobb, Fendley & Associates, Inc • Kimley-Horn and Associates, Inc • Lee Engineering, LLC • Stantec Consulting Services, Inc Topographical and Property Survey: • CP&Y, Inc • Grantham & Associates, Inc • PJB Surveying, LLC • Schaumburg & Polk, Inc Land Acquisitions and Appraisal Services: • Halff Associates, Inc • Lowery Property Advisors • McCarthy Right of Way Partners, Inc • Whitman Land Group Subsurface Utility Exploration: • None Selected Geotechnical Engineering and Material Testing: • Alliance Geotechnical • D&S Engineering Labs, Inc • ECS Southwest, LLP • Kleindfelder, Inc • Raba Kistner, Inc Page 218 Item 18. Page 1 of 2 To: Mayor and Town Council From: Hulon T. Webb, Jr., P.E., Director of Engineering Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Professional Engineering Services Agreement – Lee Engineering Traffic Signal Warrant (Gee/Acacia) and Design of HAWK Signals Town Council Meeting – October 24, 2023 Strategic Visioning Priority: 1. Acceleration of Infrastructure Agenda Item: Consider and act upon authorizing the Town Manager to execute a Professional Engineering Services Agreement between Lee Engineering, LLC, and the Town of Prosper, Texas, related to the traffic signal warrant study on Gee Road at Acacia Parkway and the design of pedestrian hybrid beacons. Description of Agenda Item: The services associated with this agreement are for the traffic signal warrant study on Gee Road at Acacia Parkway and the design of a traffic signal at that intersection if warranted. If the traffic signal warrant study does not recommend a traffic signal at the Gee Road/Acacia Parkway intersection, a pedestrian hybrid beacon, or HAWK signal, will be designed to replace the current rectangular pedestrian flashing signs at that intersection. The services also include design of two (2) additional pedestrian hybrid beacons recommended at the following hike and bike trail crossings:  Gee Road south of Lockwood Drive  First Street at Copper Canyon Drive In addition, the school zone crossing on First Street at Chaucer Drive, that serves both Rushing Middle School and Stuber Elementary School, will be evaluated. If the evaluation recommends a pedestrian hybrid beacon, this agreement allows for the completion of that design. Lee Engineering, LLC, is included on the October 24, 2023, approved list of qualified engineering firms, for traffic engineering services. They were also on the prior list approved at the April 9, 2019, Town Council meeting, and have successfully completed several traffic signal warrants and the design of multiple traffic improvement projects for the Town. ENGINEERING SERVICES Page 219 Item 19. Page 2 of 2 Budget Impact: The cost for the traffic signal warrant study on Gee Road at Acacia Parkway is $5,300, and the design for a traffic signal and three pedestrian hybrid beacons or no traffic signal and four pedestrian hybrid beacons is $123,000, for a total of $128,300. The funding for this project will come from the $400,000 Crosswalk Signage, Markings and Flashers budget in Account No. 750- 5410-10-00-2333-TR. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Professional Engineering Services Agreement 2. Location Map Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Professional Engineering Services Agreement between Lee Engineering, LLC, and the Town of Prosper, Texas, related to the traffic signal warrant study on Gee Road at Acacia Parkway and the design of pedestrian hybrid beacons. Proposed Motion: I move to authorize the Town Manager to execute a Professional Engineering Services Agreement between Lee Engineering, LLC, and the Town of Prosper, Texas, related to the traffic signal warrant study on Gee Road at Acacia Parkway and the design of pedestrian hybrid beacons. Page 220 Item 19. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 1 OF 11 PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND LEE ENGINEERING, LLC FOR THE TRAFFIC SIGNAL WARRANT STUDY (ACACIA PARKWAY/GEE ROAD) AND DESIGN OF PEDESTRIAN HYBRID BEACONS PROJECT No. 2333-TR This Agreement for Professional Engineering Services, hereinafter called “Agreement,” is entered into by the Town of Prosper, Texas, a municipal corporation, duly authorized to act by the Town Council of said Town, hereinafter called “Town,” and Lee Engineering, LLC, a company authorized to do business in Texas, acting through a duly authorized officer, hereinafter called “Consultant,” relative to Consultant providing professional engineering services to Town. Town and Consultant when mentioned collectively shall be referred to as the “Parties.” W I T N E S S E T H: WHEREAS, Town desires to obtain professional engineering services in connection with the Traffic Signal Warrant Study (Acacia Parkway/Gee Road) And Design Of Pedestrian Hybrid Beacons Project (2333- TR), hereinafter called “Project”; For the mutual promises and benefits herein described, Town and Consultant agree as follows: 1. Term of Agreement. This Agreement shall become effective on the date of its execution by both Parties, and shall continue in effect thereafter until terminated as provided herein. 2.Services to be Performed by Consultant. The Parties agree that Consultant shall perform such services as are set forth and described in Exhibit A - Scope of Services and incorporated herein as if written word for word. All services provided by Consultant hereunder shall be performed in accordance with the degree of care and skill ordinarily exercised under similar circumstances by competent members of their profession. In case of conflict in the language of Exhibit A and this Agreement, this Agreement shall govern and control. Deviations from the Scope of Services or other provisions of this Agreement may only be made by written agreement signed by all Parties to this Agreement. 3.Prompt Performance by Consultant. Consultant shall perform all duties and services and make all decisions called for hereunder promptly and without unreasonable delay as is necessary to cause Consultant’s services hereunder to be timely and properly performed. Notwithstanding the foregoing, Consultant agrees to use diligent efforts to perform the services described herein and further defined in any specific task orders, in a manner consistent with these task orders ; however, the Town understands and agrees that Consultant is retained to perform a professional service and such services must be bound, first and foremost, by the principles of sound professional judgment and reasonable diligence. 4.Compensation of Consultant. Town agrees to pay to Consultant for satisfactory completion of all services included in this Agreement a total fee of One Hundred Twenty-Eight Thousand and Three Hundred Dollars ($128,300) for the Project as set forth and described in Exhibit B - Compensation Schedule and incorporated herein as if written word for word . Lump sum fees shall be billed monthly based on the percentage of completion. Hourly not to exceed fees shall be billed monthly based on hours of work that have been completed. Direct Costs for expenses such as mileage, copies, scans, sub -consultants, and similar costs are included in fees and shall be billed as completed. Consultant agrees to submit statements to Town for professional s ervices no more than once per month. Page 221 Item 19. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 2 OF 11 These statements will be based upon Consultant's actual services performed and reimbursable expenses incurred, if any, and Town shall endeavor to make prompt payments. Each statement submitted by Consultant to Town shall be reasonably itemized to show the amount of work performed during that period. If Town fails to pay Consultant within sixty (60) calendar days of the receipt of Consultant's invoice, Consultant may, after giving ten (10) days written notice to Town, suspend professional services until paid. Nothing contained in this Agreement shall require Town to pay for any work that is unsatisfactory as reasonably determined by Town or which is not submitted in compliance with the terms of this Agreement. The Scope of Services shall be strictly limited. Town shall not be required to pay any amount in excess of the original proposed amount unless Town shall have approved in writing in advance (prior to the performance of additional work) the payment of additional amounts . 5. Town’s Obligations. Town agrees that it will (i) designate a specific person as Town’s representative, (ii) provide Consultant with any previous studies, reports, data, budget constraints, special Town requirements, or other pertinent information known to Town, when necessitated by a project, (iii) when needed, assist Consultant in obtaining access to properties necessary for performance of Consultant’s work for Town, (iv) make prompt payments in response to Consultant’s statements and (v) respond in a timely fashion to requests from Consultant. Consultant is entitled to rely upon and use, without independent verification and without liability, all information and services provided by Town or Town’s representatives. 6. Ownership and Reuse of Documents. Upon completion of Consultant’s services and receipt of payment in full therefore, Consultant agrees to provide Town with copies of all materials and documents prepared or assembled by Consultant under this Agreement and that Town may use them without C onsultant's permission for any purpose relating to the Project. Any reuse of the documents not relating to the Project shall be at Town's risk. Consultant may retain in its files copies of all reports, drawings, specifications and all other pertinent inf ormation for the work it performs for Town. 7. Town Objection to Personnel. If at any time after entering into this Agreement, Town has any reasonable objection to any of Engineer’s personnel, or any personnel, professionals and/or consultants retained by Engineer, Engineer shall promptly propose substitutes to whom Town has no reasonable objection, and Engineer’s compensation shall be equitably adjusted to reflect any difference in Engineer’s costs occasioned by such substitution. 8. Insurance. Consultant shall, at its own expense, purchase, maintain and keep in force throughout the duration of this Agreement applicable insurance policies as described in Exhibit C - Insurance Requirements and incorporated herein as if written word for word. Consulta nt shall submit to Town proof of such insurance prior to commencing any work for Town. 9. Indemnification. CONSULTANT DOES HEREBY COVENANT AND AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS TOWN AND ITS OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES AND INVITEES FROM AND AGAINST LIABILITY, CLAIMS, SUITS, DEMANDS AND/OR CAUSES OF ACTION, (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES AND COSTS OF LITIGATION), WHICH MAY ARISE BY REASON OF DEATH OR INJURY TO PROPERTY OR PERSONS BUT ONLY TO THE EXTENT OCCASIONED BY THE NEGLIGENT ACT, ERROR OR OMISSION OF CONSULTANT, ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, INVITEES OR OTHER PERSONS FOR WHOM CONSULTANT IS LEGALLY LIABLE WITH REGARD TO THE PERFORMANCE OF THIS AGREEMENT. Page 222 Item 19. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 3 OF 11 IN THE EVENT THAT TOWN AND CONSULTANT ARE CONCURRENTLY NEGLIGENT, THE PARTIES AGREE THAT ALL LIABILITY SHALL BE CALCULATED ON A COMPARATIVE BASIS OF FAULT AND RESPONSIBILITY AND THAT NEITHER PARTY SHALL BE REQUIRED TO DEFEND OR INDEMNIFY THE OTHER PARTY FOR THAT PARTY’S NEGLIGENT OR INTENTIONAL ACTS, ERRORS OR OMISSIONS. 10. Notices. Any notices to be given hereunder by either Party to the other may be affected either by personal delivery, in writing, or by registered or certified mail to the following a ddresses: Lee Engineering, LLC Dharmesh Shah, PE, PTOE, Vice President 3030 LBJ Freeway, Suite 1660 Dallas, TX 75234 dshah@lee-eng.com Town of Prosper Mario Canizares, Town Manager PO Box 307 Prosper, TX 75078 MCanizares@prospertx.gov 11. Termination. The obligation to provide further services under this Agreement may be terminated by either Party in writing upon thirty (30) calendar days notice. In the event of termination by Town, Consultant s hall be entitled to payment for services rendered through receipt of the termination notice. 12. Sole Parties and Entire Agreement. This Agreement shall not create any rights or benefits to anyone except Town and Consultant, and contains the entire agr eement between the Parties. Oral modifications to this Agreement shall have no force or effect. 13. Assignment and Delegation. Neither Town nor Consultant may assign its rights or delegate its duties without the written consent of the other Party. This Agreement is binding on Town and Consultant to the extent permitted by law. Nothing herein is to be construed as creating any personal liability on the part of any Town officer, employee or agent. 14. Texas Law to Apply; Successors; Construction. This Agreement shall be construed under and in accordance with the laws of the State of Texas. It shall be binding upon, and inure to the benefit of, the Parties hereto and their representatives, suc cessors and assigns. Should any provisions in this Agreement later be held invalid, illegal or unenforceable, they shall be deemed void, and this A greement shall be construed as if such provision had never been contained herein. 15. Conflict of Interest. Consultant agrees that it is aware of the prohibited interest requirement of the Town Charter, which is repeated in Exhibit D - Conflict of Interest Affidavit and incorporated herein as if written word for word, and will abide by the same. Furt her, a lawful representative of Consultant shall execute the Affidavit included in the exhibit. Consultant understands and agrees that the existence of a prohibited interest during the term of this Agreement will render the Agreement voidable. Consultant agrees that it is further aware of the vendor disclosure requirements set forth in Chapter 176, Local Government Code, as amended, and will abide by the same. In this connection, a lawful representative of Consultant shall execute the Conflict of Inte rest Questionnaire, Form CIQ, attached hereto as Exhibit E - Conflict of Interest Questionnaire and incorporated herein as if written word for word. 16. Venue. The Parties herein agree that this Agreement shall be enforceable in Prosper, Texas, and if legal action is necessary to enforce it, exclusive venue shall lie in Collin County, Texas. 17. Mediation. In the event of any disagreement or conflict concerning the interpretation of this Page 223 Item 19. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 4 OF 11 Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit such disagreement to non-binding mediation. 18. Prevailing Party. In the event a Party initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover its reasonable costs and attorn ey’s fees (including its reasonable costs and attorney’s fees on any appeal). 19. “Anti-Israel Boycott” Provision. In accordance with Chapter 2270, Texas Government Code, a Texas governmental entity may not enter into a contract with a company for the pro vision of goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Chapter 2270 does not apply to a (1) a company that is a sole proprietorship; (2) a company that has fewer than ten (10) full -time employees; or (3) a contract that has a value of less than One Hundred Thousand Dollars ($100,000.00). Unless the company is not subject to Chapter 2270 for the reasons stated herein, the signatory executing this Agreement on behalf of the company verifies by its signature to this Agreement that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 20. Signatories. Town warrants and represents that the individual executing this Agreement on behalf of Town has full authority to execute this Agreement and bind Town to the same. Consultant warrants and represents that the individual executing this Agreement on its behalf has full authorit y to execute this Agreement and bind Consultant to same. IN WITNESS WHEREOF, the Parties, having read and understood this Agreement, have executed such in duplicate copies, each of which shall have full dignity and force as an original, on the _______ day of _______________________, 20____. LEE ENGINEERING, LLC By: Signature Printed Name Title Date TOWN OF PROSPER, TEXAS By: Signature Mario Canizares Printed Name Town Manager Title Date Dharmesh Shah, PE, PTOE Vice President October 13, 2023 Page 224 Item 19. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 5 OF 11 EXHIBIT A SCOPE OF SERVICES PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND LEE ENGINEERING, LLC FOR THE TRAFFIC SIGNAL WARRANT STUDY (ACACIA PARKWAY/GEE ROAD) AND DESIGN OF PEDESTRIAN HYBRID BEACONS PROJECT No. 233-TR I. PROJECT DESCRIPTION TRAFFIC SIGNAL WARRANT STUDY (ACACIA PARKWAY/GEE ROAD) AND DESIGN OF PEDESTRIAN HYBRID BEACONS II. TASK SUMMARY Task 1 - Traffic Signal Warrant Study – Acacia Parkway at Gee Road Task 2 - Design Plans for Installing Three Pedestrian Hybrid Beacons and One Traffic Signal or Pedestrian Hybrid Beacon Task 3 - TDLR Filing and Accessibility Review of Pedestrian Infrastructure Task 4 - Bid and Construction Phase Services / Additional Services III. DELIVERABLES Study Report Design Plans, Specifications, Estimates, Bid Documents Task 1 - Traffic Signal Warrant Study – Acacia Parkway at Gee Road Task 2 - Design Plans for Installing Three Pedestrian Hybrid Beacons and One Traffic Signal or Pedestrian Hybrid Beacon Task 3 - TDLR Filing and Accessibility Review of Pedestrian Infrastructure TDLR Filing, Review Documents Task 4 - Bid and Construction Phase Services / Meeting Notes, Response to RFIs, Record Drawings One (1) 22x34 bond copy of the record drawings One (1) 22x34 mylar copy of the record drawings One (1) PDF copy of each sheet of the record drawings One (1) DWG of the record drawings base map Page 225 Item 19. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 6 OF 11 EXHIBIT B COMPENSATION SCHEDULE PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND LEE ENGINEERING, LLC FOR THE TRAFFIC SIGNAL WARRANT STUDY (ACACIA PARKWAY/GEE ROAD) AND DESIGN OF PEDESTRIAN HYBRID BEACONS PROJECT No. 2333-TR I. COMPENSATION SCHEDULE Task Completion Schedule Compensation Schedule November, 2023 January, 2024 $5,300 April, 2024 $103,500 May, 2024 $10,000 December, 2024 $8,000 Notice-to-Proceed Task 1 - Traffic Signal Warrant Study – Acacia Parkway at Gee Road Task 2 - Design Plans for Installing Three Pedestrian Hybrid Beacons and One Traffic Signal or Pedestrian Hybrid Beacon Task 3 - TDLR Filing and Accessibility Review of Pedestrian Infrastructure Task 4 - Bid and Construction Phase Services / Expense December 2024 $1,500 Total Compensation $128,300 II. COMPENSATION SUMMARY Basic Services (Lump Sum) Amount $5,300 $103,500 Task 1 - Traffic Signal Warrant Study – Acacia Parkway at Gee Road Task 2 - Design Plans for Installing Three Pedestrian Hybrid Beacons and One Traffic Signal or Pedestrian Hybrid Beacon Task 3 - TDLR Filing and Accessibility Review of Pedestrian Infrastructure $10,000 Total Basic Services: $118,800 Special Services (Hourly Not-to-Exceed) Amount Task 4 - Bid and Construction Phase Services $8,000 Page 226 Item 19. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 7 OF 11 Direct Expenses Amount Expenses $1,500 Total Direct Expenses: $1,500 Page 227 Item 19. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 8 OF 11 EXHIBIT C INSURANCE REQUIREMENTS Service provider shall procure and maintain for the duration of the contract, insurance against claims for injuries to person s or damages to property which may arise from or in connection with the performance of the work h ereunder by the vendor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be borne by the service provider. A certificate of insurance meeting all requirements and provisions outlined herein shall be provided to the Town prior to any services being performed or rendered. Renewal certificates shall also be supplied upon expiration. A.MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1.ISO Form Number GL 00 01 (or similar form) covering Commercial General Liability. “Occurrence” form only, “claims made” forms are unacceptable, except for professional liability. 2.Workers Compensation insurance as required by the Labor Code of the State of Texas, including Employers’ Liability Insurance. 3.Automobile Liability as required by the State of Texas, covering all owned, hired, or non -owned vehicles. Automobile Liability is only required if vehicle(s) will be used under this contract. 4.Professional Liability, also known as Errors and Omissions coverage. B.MINIMUM LIMITS OF INSURANCE Service Provider shall maintain throughout contract limits not less than: 1.Commercial General Liability: $500,000 per occurrence /$1,000,000 in the aggregate for third party bodily injury, personal injury and property damage. Policy will include coverage for: a.Premises / Operations b.Broad Form Contractual Liability c.Products and Completed Operations d.Personal Injury e.Broad Form Property Damage 2.Workers Compensation and Employer’s Liability: Workers Compensation limits as required by the Labor Code of the State of Texas and Statutory Employer’s Liability minimum limits of $100,000 each accident, $300,000 Disease- Policy Limit, and $100,000 Disease- Each Employee. 3.Automobile Liability: $500,000 Combined Single Limit. Limits can only be reduced if approved by the Town. Automobile liability shall apply to all owned, hired, and non-owned autos. 4.Professional Liability aka Errors and Omissions: $500,000 per occurrence and in the aggregate. C.DEDUCTIBLES AND SELF-INSURED RETENTIONS Any deductible or self-insured retentions in excess of $10,000 must be declared to and approved by the Town. Page 228 Item 19. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 9 OF 11 D. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain the following provisions: 1. General Liability and Automobile Liability Coverages a. The Town, its officers, officials, employees, boards and commissions and volunteers are to be added as “Additional Insured’s” relative to liability arising out of activities performed by or on behalf of the provider, products and completed operations of the provider, premises owned, occupied or used by the provider. The coverage shall contain no special limitations on the scope of protection afforded to the Town, its officers, officials, employees or volunteers. b. The provider’s insurance coverage shall be primary insurance in respects to the Town, its officers, officials, employees and volunteers. Any insurance or self -insurance maintained by the Town, its officers, officials, employees or volunteers shall be in excess of the provider’s insurance a nd shall not contribute with it. c. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town, its officers, officials, employees, boards and commissions or volunteers. d. The provider’s insurance shall apply separately to each insured against whom the claim is made or suit is brought, except to the insured’s limits of liability. 2. Workers Compensation and Employer’s Liability Coverage: The insurer shall agree to waive all rights of subrogation against the Town, its officers, officials, employees and volunteers for losses arising from work performed by the provider for the Town. 3. All Coverages: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled or non-renewed by either party, reduced in coverage or in limits except after 30 days written notice to the Town for all occurrences, except 10 days written notice to the Town for non-payment. 4. Professional Liability and / or Errors and Omissions: “Claims made” policy is acceptable coverage, which must be maintained during the course of the project, and up to two (2) years after completion and acceptance of the project by the Town. E. ACCEPTABILITY OF INSURERS The Town prefers that Insurance be placed with insurers with an A.M. Best’s rating of no less than A- VI, or better. F. VERIFICATION OF COVERAGE Service Provider shall provide the Town with certificates of insurance indicating the coverages required. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of insurance similar to the ACORD Form are acceptable. Town will not accept Memorandums of Insurance or Binders as proof of insurance. The Town reserves the right to require complete, certified copies of all required insurance policies at any time. Certificate holder to be listed as follows: Town of Prosper P.O. Box 307 Prosper, TX 75078 Page 229 Item 19. THE STATE OF TEXAS COUNTY OF Dallas ------ § § EXHIBIT D CONFLICT OF INTEREST AFFIDAVIT PROFESSIONAL ENGINEERING SERVICES AGREEMENT BElWEEN THE TOWN OF PROSPER, TEXAS, AND LEE ENGINEERING, LLC FOR THE TRAFFIC SIGNAL WARRANT STUDY {ACACIA PARKWAY/GEE ROAD) AND DESIGN OF PEDESTRIAN HYBRID BEACONS PROJECT No. 2333-TR § I, _Dc.u.ba ..... nn-'-'-'-""es ..... h.....,S....._h .... ah...._ ___ , a member of the Consultant team, make this affidavit and hereby on oath state the following: I, and/or a person or persons related to me, have the following interest in a business entity that would be affected by the work or decision on the Project (Check all that apply): Ownership of 10% or more of the voting shares of the business entity. Ownership of $25,000.00 or more of the fair market value of the business entity. Funds received from the business entity exceed 10% of my income for the previous year. Real property is involved, and I have an equitable or legal ownership with a fair market value of at least $25,000.00. A relative of mine has substantial interest in the business entity or property that would be affected by my decision of the public body of which I am a member. Other. ________________ � _x _ None of the Above. Upon filing this affidavit with the Town of Prosper, Texas, I further affirm that no relative of mine, in the first degree by consanguinity or affinity, as defined in Chapter 573 of the Texas Government Code, is a member of the public body which took action on the agreement. Signed this _1=3=th'------day of October 20_1.L. Signature of Official / Title BEFORE ME, the undersigned authority, this day personally appeared --=D=h=arm=es=h.....,S...,_h"°'ah....._ ________ and on oath stated that the facts hereinabove stated are true to the best of his / her knowledge or belief. Sworn to and subscribed before me on this 13th day of _O�c=to=b..::..:er _____ _, .$-''$,��:J.1, ,,_, JULIE SHORT · 1 if(��i Notary Public, Stat• of Ttxas ;�· .. � .. -:lo: Co mm. Expires 01·04·202 7 �.,�···�,� ,,,,,f>'11\''' Notary 10 1318429 15 My Commission expires: __ 1_/4_/2_02_7 ____ _ PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE100F11 Page 230 Item 19. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 11 OF 11 EXHIBIT E CONFLICT OF INTEREST QUESTIONNAIRE October 13, 2023 Lee Engineering, LLC N/A X X N/A Page 231 Item 19.   LOCATION MAP Traffic Signal Warrant Study (Acacia Parkway / Gee Road) and Design of Pedestrian Hybrid Beacons Design of Hybrid Beacons at Hike and BikeTrails Traffic Signal Warrant and Design of Traffic Signal or Hybrid Beacon Evaluation and Potential Design of Hybrid Beacon Page 232Item 19. Page 1 of 2 To: Mayor and Town Council From: Hulon T. Webb Jr., P.E., Director of Engineering Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Professional Engineering Services Agreement – Lee Engineering Traffic Signal: Frontier Parkway at Dallas North Tollway Town Council Meeting – October 24, 2023 Strategic Visioning Priority: 3. Commercial Corridors are ready for Development Agenda Item: Consider and act upon authorizing the Town Manager to execute a Professional Engineering Services Agreement between Lee Engineering, LLC, and the Town of Prosper, Texas, related to the design and modification of a Traffic Signal at Dallas North Tollway and Frontier Parkway. Description of Agenda Item: The North Texas Tollway Authority (NTTA) will begin construction of the main lanes of the Dallas North Tollway from US 380 north through Frontier Parkway in March/April of 2024. The proposed NTTA improvements will require the design of the ultimate traffic signal configuration at Dallas North Tollway (DNT) and Frontier Parkway and the temporary relocation and modification of the existing span wire signals. The services related to this agreement are for the design of the ultimate traffic signal at the intersection DNT and Frontier Parkway and modifications to the existing signals. The traffic signal design improvements include mast arm pole assemblies and foundations, vehicle detection, pull boxes, underground conduits and cables, mast arm-mounted signs, and pedestrian signals designed for APS (Audible Pedestrian Signals) readiness. In addition, Lee Engineering will also design modifications needed for the existing signals to be relocated for the construction of the DNT main lanes and associated U-turn lanes. The Town is currently working with the City of Celina on the design of Frontier Parkway west of the DNT intersection to match the ultimate expansion of the intersection under the main lanes of the DNT being constructed with the tollway project. It is the intent of both municipalities to pursue funding for the Frontier Parkway pavement improvements west of the DNT intersection in order to complete construction in conjunction with the tollway project. ENGINEERING SERVICES Page 233 Item 20. Page 2 of 2 Budget Impact: The design cost for the ultimate traffic signals at the intersection of DNT and Frontier Parkway is $60,500, and the cost for the relocation of the existing signals is $21,000, for a total of $81,500. The project budget for design, in the amount of $65,000, is budgeted in Account No. 750-5410- 00-2317-TR. The remaining $16,500 will be allocated to this project from unallocated project savings. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Professional Engineering Services Agreement 2. Location Map Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Professional Engineering Services Agreement between Lee Engineering, LLC, and the Town of Prosper, Texas, related to the design and modification of a Traffic Signal at Dallas North Tollway and Frontier Parkway. Proposed Motion: I move to authorize the Town Manager to execute a Professional Engineering Services Agreement between Lee Engineering, LLC, and the Town of Prosper, Texas, related to the design and modification of a Traffic Signal at Dallas North Tollway and Frontier Parkway. Page 234 Item 20. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 1 OF 11 PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND LEE ENGINEERING, LLC FOR THE PREPARATION OF PS&E FOR TEMPORARY TRAFFIC SIGNAL MODIFICATION AND PERMANENT TRAFFIC SIGNAL INSTALLATION AT DALLAS PARKWAY AND FRONTIER PARKWAY PROJECT No. 2317-TR This Agreement for Professional Engineering Services, hereinafter called “Agreement,” is entered into by the Town of Prosper, Texas, a municipal corporation, duly authorized to act by the Town Council of said Town, hereinafter called “Town,” and Lee Engineering, LLC, a company authorized to do business in Texas, acting through a duly authorized officer, hereinafter called “Consultant,” relative to Consultant providing professional engineering services to Town. Town and Consultant when mentioned collectively shall be referred to as the “Parties .” W I T N E S S E T H: WHEREAS, Town desires to obtain professional engineering services in connection with the Preparation of PS&E for Temporary Traffic Signal Modification and Permanent Traffic Signal Installation at Dallas Parkway and Frontier Parkway Project (2317-TR ), hereinafter called “Project”; For the mutual promises and benefits herein described, Town and Consultant agree as follows: 1. Term of Agreement. This Agreement shall become effective on the date of its execution by both Parties, and shall continue in effect thereafter until terminated as provided herein. 2.Services to be Performed by Consultant. The Parties agree that Consultant shall perform such services as are set forth and described in Exhibit A - Scope of Services and incorporated herein as if written word for word. All services provided by Consultant hereunder shall be performed in accordance with the degree of care and skill ordinarily exercised under similar circumstances by competent member s of their profession. In case of conflict in the language of Exhibit A and this Agreement, this Agreement shall govern and control. Deviations from the Scope of Services or other provisions of this Agreement may only be made by written agreement signed by all Parties to this Agreement. 3.Prompt Performance by Consultant. Consultant shall perform all duties and services and make all decisions called for hereunder promptly and without unreasonable delay as is necessary to cause Consultant’s services hereunder to be timely and properly performed. Notwithstanding the foregoing, Consultant agrees to use diligent efforts to perform the services described herein and further defined in any specific task orders, in a manner consistent with these task orders ; however, the Town understands and agrees that Consultant is retained to perform a professional service and such services must be bound, first and foremost, by the principles of sound professional judgment and reasonable diligence. 4.Compensation of Consultant. Town agrees to pay to Consultant for satisfactory completion of all services included in this Agreement a total fee of Eighty Three Thousand and Zero Dollars ($83,000) for the Project as set forth and described in Exhibit B - Compensation Schedule and incorporated herein as if written word for word. Lump sum fees shall be billed monthly based on the percentage of completion. Hourly not to exceed fees shall be billed monthly based on hours of work that have been completed. Direct Costs for expenses such as mileage, copies, scans, sub-consultants, and similar costs are included in fees and shall be billed as completed. Consultant agrees to submit statements to Town for professional s ervices no more than once per month. These statements will be based upon Consultant's actual services performed and reimbursable expenses incurred, Page 235 Item 20. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 2 OF 11 if any, and Town shall endeavor to make prompt payments. Each statement submitted by Consultant to Town shall be reasonably itemized to show the amount of work performed during that period. If Town fails to pay Consultant within sixty (60) calendar days of the receipt of Consultant's invoice, Consultant may, after giving ten (10) days written notice to Town, suspend professional services until paid. Nothing contained in this Agreement shall require Town to pay for any work that is unsatisfactory as reasonably determined by Town or which is not submitted in compliance with the terms of this Agreement. The Scope of Services shall be strictly limited. Town shall not be required to pay any amount in excess of the original proposed amount unless Town shall have approved in writing in advance (prior to the performance of additional work) the payment of additional amounts . 5. Town’s Obligations. Town agrees that it will (i) designate a specific person as Town’s representative, (ii) provide Consultant with any previous studies, reports, data, budget constraints, special Town requirements, or other pertinent information known to Town, when necessitated by a project, (iii) when needed, assist Consultant in obtaining access to properties necessary for performance of Consultant’s work for Town, (iv) make prompt payments in response to Consultant’s statements and (v) respond in a timely fashion to requests from Consultant. Consultant is entitled to rely upon and use, without independent verification and without liability, all information and services provided by Town or Town’s representatives. 6. Ownership and Reuse of Documents. Upon completion of Consultant’s services and receipt of payment in full therefore, Consultant agrees to provide Town with copies of all materials and documents prepared or assembled by Consultant under this Agreement and that Town may use them without C onsultant's permission for any purpose relating to the Project. Any reuse of the documents not relating to the Project shall be at Town's risk. Consultant may retain in its files copies of all reports, drawings, specifications and all other pertinent inf ormation for the work it performs for Town. 7. Town Objection to Personnel. If at any time after entering into this Agreement, Town has any reasonable objection to any of Engineer’s personnel, or any personnel, professionals and/or consultants retained by Engineer, Engineer shall promptly propose substitutes to whom Town has no reasonable objection, and Engineer’s compensation shall be equitably adjusted to reflect any difference in Engineer’s costs occasioned by such substitution. 8. Insurance. Consultant shall, at its own expense, purchase, maintain and keep in force throughout the duration of this Agreement applicable insurance policies as described in Exhibit C - Insurance Requirements and incorporated herein as if written word for word. Consulta nt shall submit to Town proof of such insurance prior to commencing any work for Town. 9. Indemnification. CONSULTANT DOES HEREBY COVENANT AND AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS TOWN AND ITS OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES AND INVITEES FROM AND AGAINST LIABILITY, CLAIMS, SUITS, DEMANDS AND/OR CAUSES OF ACTION, (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES AND COSTS OF LITIGATION), WHICH MAY ARISE BY REASON OF DEATH OR INJURY TO PROPERTY OR PERSONS BUT ONLY TO THE EXTENT OCCASIONED BY THE NEGLIGENT ACT, ERROR OR OMISSION OF CONSULTANT, ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, INVITEES OR OTHER PERSONS FOR WHOM CONSULTANT IS LEGALLY LIABLE WITH REGARD TO THE PERFORMANCE OF THIS AGREEMENT. IN THE EVENT THAT TOWN AND CONSULTANT ARE CONCURRENTLY NEGLIGENT, THE PARTIES AGREE THAT ALL LIABILITY SHALL BE CALCULATED ON A COMPARATIVE BASIS OF FAULT AND Page 236 Item 20. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 3 OF 11 RESPONSIBILITY AND THAT NEITHER PARTY SHALL BE REQUIRED TO DEFEND OR INDEMNIFY THE OTHER PARTY FOR THAT PARTY’S NEGLIGENT OR INTENTIONAL ACTS, ERRORS OR OMISSIONS. 10. Notices. Any notices to be given hereunder by either Party to the other may be affected either by personal delivery, in writing, or by registered or certified mail to the following a ddresses: Lee Engineering, LLC Dharmesh Shah, PE, PTOE, Vice President 3030 LBJ Freeway, Suite 1660 Dallas, TX 75234 dshah@lee-eng.com Town of Prosper Mario Canizares, Town Manager PO Box 307 Prosper, TX 75078 MCanizares@prospertx.gov 11. Termination. The obligation to provide further services under this Agreement may be terminated by either Party in writing upon thirty (30) calendar days notice. In the event of terminati on by Town, Consultant shall be entitled to payment for services rendered through receipt of the termination notice. 12. Sole Parties and Entire Agreement. This Agreement shall not create any rights or benefits to anyone except Town and Consultant, and contains the entire agreement between the Parties. Oral modifications to this Agreement shall have no force or effect. 13. Assignment and Delegation. Neither Town nor Consultant may assign its rights or delegate its duties without the written consent of the other Party. This Agreement is binding on Town and Consultant to the extent permitted by law. Nothing herein is to be construed as creating any personal liability on the part of any Town officer, employee or agent. 14. Texas Law to Apply; Successors; Construction. This Agreement shall be construed under and in accordance with the laws of the State of Texas. It shall be binding upon, and inure to the benefit of, the Parties hereto and their representatives, successors and assigns. Should any provisions in this Agreement later be held invalid, illegal or unenforceable, they shall be deemed void, and this Agreement shall be construed as if such provision had never been contained herein. 15. Conflict of Interest. Consultant agrees that it is aware of the prohibited interest requirement of the Town Charter, which is repeated in Exhibit D - Conflict of Interest Affidavit and incorporated herein as if written word for word, and will abide by the same. Further, a lawful representative of Consultant shall execute the Affidavit included in the exhibit. Consultant understands and agrees that the existence of a prohibited interest during the term of this Agreement will render the Agreement voidable. Consultant agrees that it is further aware of the vendor disclosure requirements set forth in Chapter 176, Local Government Code, as amended, and will abide by the same. In this connection, a lawful representative of Consultant shall execute the Conflict of Interest Questionnaire, Form CIQ, attached hereto as Exhibit E - Conflict of Interest Questionnaire and incorporated herein as if written word for word. 16. Venue. The Parties herein agree that this Agreement shall be enforceable in Prosper, Texas, and if legal action is necessary to enforce it, exclusive venue shall lie in Collin County, Texas. 17. Mediation. In the event of any disagreement or conflict concerning the interpretation of this Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit such disagreement to non-binding mediation. Page 237 Item 20. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 4 OF 11 18. Prevailing Party. In the event a Party initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover its reasonable costs and attorney’s fees (including its reasonable costs and attorney’s fees on any appeal). 19. “Anti-Israel Boycott” Provision. In accordance with Chapter 2270, Texas Government Code, a Texas governmental entity may not enter into a contract with a company for the provision of goods or services unless the contract contains a written verification from the company that it: (1) does n ot boycott Israel; and (2) will not boycott Israel during the term of the contract. Chapter 2270 does not apply to a (1) a company that is a sole proprietorship; (2) a company that has fewer than ten (10) full -time employees; or (3) a contract that has a value of less than One Hundred Thousand Dollars ($100,000.00). Unless the company is not subject to Chapter 2270 for the reasons stated herein, the signatory executing this Agreement on behalf of the company verifies by its signature to this Agreement that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 20. Signatories. Town warrants and represents that the individual executing this Agreement on behalf of Town has full authority to execute this Agreement and bind Town to the same. Consultant warrants and represents that the individual executing this Agreement on its behalf h as full authority to execute this Agreement and bind Consultant to same. IN WITNESS WHEREOF, the Parties, having read and understood this Agreement, have executed such in duplicate copies, each of which shall have full dignity and force as an original, on the _______ day of _______________________, 20____. LEE ENGINEERING, LLC By: Signature Printed Name Title Date TOWN OF PROSPER, TEXAS By: Signature Mario Canizares Printed Name Town Manager Title Date Dharmesh Shah, PE, PTOE Vice President Vice President Page 238 Item 20. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 5 OF 11 EXHIBIT A SCOPE OF SERVICES PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND LEE ENGINEERING, LLC FOR THE PREPARATION OF PS&E FOR TEMPORARY TRAFFIC SIGNAL MODIFICATION AND PERMANENT TRAFFIC SIGNAL INSTALLATION AT DALLAS PARKWAY AND FRONTIER PARKWAY PROJECT No. (2317-TR) I. PROJECT DESCRIPTION THE PREPARATION OF PS&E FOR TEMPORARY TRAFFIC SIGNAL MODIFICATION AND PERMANENT TRAFFIC SIGNAL INSTALLATION AT DALLAS PARKWAY AND FRONTIER PARKWAY II. TASK SUMMARY Task 1 Dallas Pkwy at Frontier Pkwy Temporary Traffic Signal Modification Design Plans Dallas Pkwy at Frontier Pkwy Permanent Traffic Signal Installation Design Plans Task 2 TDLR Filing and Accessibility Review of Pedestrian Infrastructure Task 3 Bid and Construction Phase Services / Additional Services III. DELIVERABLES Task 1 - Design Plans for Installing Temporary and Permanent Traffic Signal Installations Task 2 – TDLR Filing, Review Documents Task 3 - Bid and Construction Phase Services / Meeting Notes, Response to RFIs, Record Drawings One (1) 22x34 bond copy of the record drawings One (1) 22x34 mylar copy of the record drawings One (1) PDF copy of each sheet of the record drawings One (1) DWG of the record drawings base map Page 239 Item 20. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 6 OF 11 EXHIBIT B COMPENSATION SCHEDULE PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND LEE ENGINEERING, LLC FOR THE PREPARATION OF PS&E FOR TEMPORARY TRAFFIC SIGNAL MODIFICATION AND PERMANENT TRAFFIC SIGNAL INSTALLATION AT DALLAS PARKWAY AND FRONTIER PARKWAY PROJECT No. (2317-TR) I. COMPENSATION SCHEDULE Task Completion Schedule Compensation Schedule Notice-to-Proceed November, 2023 Task 1 - Dallas Pkwy at Frontier Pkwy Temporary Traffic Signal Modification Design Plans Dallas Pkwy at Frontier Pkwy Permanent Traffic Signal Installation Design Plans April, 2024 $64,500 Task 2 - TDLR Filing and Accessibility Review of Pedestrian Infrastructure May, 2024 $9,000 Task 3 - Bid and Construction Phase Services / December, 2024 $8,000 Expense December 2024 $1,500 Total Compensation $83,000 II. COMPENSATION SUMMARY Basic Services (Lump Sum) Amount Task 1 - Dallas Pkwy at Frontier Pkwy Temporary Traffic Signal Modification Design Plans Dallas Pkwy at Frontier Pkwy Permanent Traffic Signal Installation Design Plans $64,500 Task 2 - TDLR Filing and Accessibility Review of Pedestrian Infrastructure $9,000 Total Basic Services: $73,500 Page 240 Item 20. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 7 OF 11 Special Services (Hourly Not-to-Exceed) Amount Task 3 - Bid and Construction Phase Services $8,000 Total Special Services $8,000 Direct Expenses Amount Expenses $1,500 Total Direct Expenses: $1,500 Page 241 Item 20. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 8 OF 11 EXHIBIT C INSURANCE REQUIREMENTS Service provider shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the vendor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be borne by the service provider. A certificate of insurance meeting all requirements and provisions outlined herein shall be provided to the Town prior to any services being performed or rendered. Renewal certificates shall also be supplied upon expiration. A. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. ISO Form Number GL 00 01 (or similar form) covering Commercial General Liability. “Occurrence” form only, “claims made” forms are unacceptable, except for professional liability. 2. Workers Compensation insurance as required by the Labor Code of the State of Texas, including Employers’ Liability Insurance. 3. Automobile Liability as required by the State of Texas, covering all owned, hired, or non-owned vehicles. Automobile Liability is only required if vehicle(s) will be used under this contract. 4. Professional Liability, also known as Errors and Omissions coverage. B. MINIMUM LIMITS OF INSURANCE Service Provider shall maintain throughout contract limits not less than: 1. Commercial General Liability: $500,000 per occurrence /$1,000,000 in the aggregate for third party bodily injury, personal injury and property damage. Policy will include coverage for: a. Premises / Operations b. Broad Form Contractual Liability c. Products and Completed Operations d. Personal Injury e. Broad Form Property Damage 2. Workers Compensation and Employer’s Liability: Workers Compensation limits as required by the Labor Code of the State of Texas and Statutory Employer’s Liability minimum limits of $100,000 each accident, $300,000 Disease- Policy Limit, and $100,000 Disease- Each Employee. 3. Automobile Liability: $500,000 Combined Single Limit. Limits can only be reduced if approved by the Town. Automobile liability shall apply to all owned, hired, and non-owned autos. 4. Professional Liability aka Errors and Omissions: $500,000 per occurrence and in the aggregate. C. DEDUCTIBLES AND SELF-INSURED RETENTIONS Any deductible or self-insured retentions in excess of $10,000 must be declared to and approved by the Town. Page 242 Item 20. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 9 OF 11 D. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain the following provisions: 1. General Liability and Automobile Liability Coverages a. The Town, its officers, officials, employees, boards and commissions and volunteers are to be added as “Additional Insured’s” relative to liability arising out of activities performed by or on behalf of the provider, products and completed operations of the provider, premises owned, occupied or used by the provider. The coverage shall contain no special limitations on the scope of protection afforded to the Town, its officers, officials, employees or volunteers. b. The provider’s insurance coverage shall be primary insurance in respects to the Town, its officers, officials, employees and volunteers. Any insurance or self -insurance maintained by the Town, its officers, officials, employees or volunteers shall be in excess of the provider’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town, its officers, officials, employees, boards and commissions or volunteers. d. The provider’s insurance shall apply separately to each insured against whom the claim is made or suit is brought, except to the insured’s limits of liability. 2. Workers Compensation and Employer’s Liability Coverage: The insurer shall agree to waive all rights of subrogation against the Town, its officers, officials, employees and volunteers for losses arising from work performed by the provider for the Town. 3. All Coverages: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled or non-renewed by either party, reduced in coverage or in limits except after 30 days written notice to the Town for all occurrences, except 10 days written notice to the Town for non-payment. 4. Professional Liability and / or Errors and Omissions: “Claims made” policy is acceptable coverage, which must be maintained during the course of the project, and up to two (2) years after completion and acceptance of the project by the Town. E. ACCEPTABILITY OF INSURERS The Town prefers that Insurance be placed with insurers with an A.M. Best’s rating of no less than A- VI, or better. F. VERIFICATION OF COVERAGE Service Provider shall provide the Town with certificates of insurance indicating the coverages required. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of insurance similar to the ACORD Form are acceptable. Town will not accept Memorandums of Insurance or Binders as proof of insurance. The Town reserves the right to require complete, certified copies of all required insurance policies at any time. Certificate holder to be listed as follows: Town of Prosper P.O. Box 307 Prosper, TX 75078 Page 243 Item 20. THE STATE OF TEXAS COUNTY OF D allas ------ § § EXHIBIT D CONFLICT OF INTEREST AFFIDAVIT PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND LEE ENGINEERING, LLC FOR THE PREPARATION OF PS&E FOR TEMPORARY TRAFFIC SIGNAL MODIFICATION AND PERMANENT TRAFFIC SIGNAL INSTALLATION AT DALLAS PARKWAY AND FRONTIER PARKWAY PROJECT No. 2317-TR § I, _D_h _a_rm _e_sh_Sh_a_h ____ , a member of t he Con sultant team, make t his affidavit and hereby on oath state the following: I, and/or a person or persons related to me, have the following interest in a business entity t hat would be affected by t he work or decision on the Project (C heck all that apply): Ownership of 10% or more of t he voting shares of the bus iness entity. Owners hip of $25 ,000.00 or more of the fair market value of the bus iness entity. Funds received from t he business entity exceed 10% of my income for t he previous year. Real property is involved, and I have an equitable or le gal owne rship with a fair market value of at least $25,000.00. A re lative of mine has substantial inte res t in the business entity or property that would be affected by my decis ion of t he public body of which I am a member. Ot her. _________________ . _X_ None of the Above. Upon filing t his affidavit with the Town of Prosper, Texas, I furt her affirm t hat no relative of mine, in t he first degree by cons anguinity or affinity, as defined in Chapte r 57 3 of the Texas Government Code, is a member of the public body w hich took action on t he agreement. Signed this _1-=-=6=th"------day of October , 20...n__. / Vice Pre sident Signature of Official / Tttle BEFORE ME, t he undersigned aut hority, t his day pe rsonally appeared -=-D=ha=rm=e"-'s..;..;.h...::;S.;.;.;ha=h=----------and on oath stated t hat t he facts hereinabove stated are true to t he best of his / her knowledge or be lief. Sworn to and subscribe d before me on t his 16th day of __ O"'"'c=to=b=er'----::::----' 20 23 � ,,,t��;:,,, JULIE SHORT �_0'\ ,•••• �<'..,, T §�:< .... i,;·:�i Notary Public, State of ,•xas �.,.· .•• �/ .. � Comm. Expires 01-04-2027 ,,;�·m:f.:-Notary ID 131842916 PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 My Commission expires : __ 1_/4_/2_7 ____ _ PAGE 10 OF 11 Page 244 Item 20. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 11 OF 11 EXHIBIT E CONFLICT OF INTEREST QUESTIONNAIRE October 16, 2023 Lee Engineering, LLC N/A X X N/A Page 245 Item 20.   LOCATION MAP Traffic Signal –DNT/Frontier Parkway Traffic Signal Locations Page 246Item 20. Page 1 of 1 To: Mayor and Town Council From: David Hoover, Director of Development Services Through: Mario Canizares, Town Manager Re: Notice of Appeals Town Council Meeting – October 24, 2023 Strategic Visioning Priority: 3. Commercial Corridors are ready for Development Agenda Item: Consider and act upon whether to direct staff to submit a written notice of appeals on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any Site Plans including Preston 48 Addition and Teel Plaza 1. Description of Agenda Item: Attached are the Site Plans that were acted on by the Planning & Zoning Commission at their meeting on October 3, 2023. Per the Zoning Ordinance, the Town Council can direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department for any Site Plans and Preliminary Site Plans acted on by the Planning & Zoning Commission. Budget Impact: There is no budgetary impact affiliated with this item. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. DEVAPP-23-0075 – Preston 48 Addition (Approved 6-0) 2. DEVAPP-23-0160 – Teel Plaza 1 (Approved 6-0) Town Staff Recommendation: Town Staff recommends the Town Council take no action on this item. PLANNING Page 247 Item 21. FIRE LANE7 PARKING SPACES7 PARKING SPACES 10 PARKING SPACESDUMPSTER LP LP LP LP 0.3'8.0'0.3'20.0'0.5'3.1'3.3'0.5'41.5'0.3'14.6'2.4'0.3'5.0'0.7'18.7'0.4'6.1'1.8'16.1'1.8'30.7'0.7'15.0'15.0'0.7'41.3'0.7'3.4'3.3'0.7'59.7'25.7'33.0'2.3'29.2'4.5'1.2'3.8'1.2'11.3'1.2'3.7'3.7'1.2'18.5'2.9'9.2'3.2'27.7'18.3'21.8'10.7'10.2'1.4'4.0'1.4'14.0'1.4'4.0'1.4'2.5'0.9'1.4'25.4'1.4'0.9'2.5'1.4'4.1'1.4'14.0'1.4'4.0'1.4'86.2' LP GRATE INLET RIM=762.1' FL.=758.1' BO EM FH FH FH LP LP LP PP PP P P PP PP PP PP PP PP LP LP LP LP 7 PARKING SPACESGP DUMPSTER BO BO UNKNOWN VAULT GRATE INLET RIM=762.2' FL.=758.2' GRATE INLET RIM=762.3' FL.=758.1' GP GP TLP GP GP BO PP GM PAINTED 4" WHITE STRIPES AT 2' CENTERS ON 45 DEGREE ANGLE TO DRIVE LANE PROPOSED STRIPING BENEATH VACUUM CANOPIES. (TYP) REFER TO MANUFACTURERS SPECIFICATIONS FOR CANOPY, CANOPY COLUMNS, VACUUMS, AND ASSOCIATED MATERIALS APPROXIMATE LOCATION OF EXISTING JOINT LINE PAINTED TRAFFIC ARROWS (REFER TO DETAILS) REFER TO OWNER/MANUFACTURER DETAILS & SPECIFICATIONS FOR PROPOSED CANOPY OVER DRIVE PROPOSED ATTENDEE BOOTH. REFER TO OWNER/MANUFACTURER SPECIFICATIONS (TYP) PAINTED TRAFFIC ARROW (REFER TO DETAILS) APPROXIMATE LOCATION OF OVERHEAD CANOPY COLUMN FOOTINGS. (TYP) REFER TO OWNER/MANUFACTURERS SPECIFICATIONS FOR CANOPY, CANOPY COLUMNS, VACUUMS, AND ASSOCIATED MATERIALS. EXISTING FIRE HYDRANT EXISTING FIRE HYDRANT PAINTED TRAFFIC ARROW (REFER TO DETAILS) PAINTED 4" WHITE STRIPES AT 2' CENTERS ON 45 DEGREE ANGLE TO DRIVE LANE (TYP.) PROPOSED STRIPING BENEATH VACUUM CANOPIES. (TYP) REFER TO MANUFACTURERS SPECIFICATIONS FOR CANOPY, CANOPY COLUMNS, VACUUMS, AND ASSOCIATED MATERIALS CONCRETE RAMP IN COMPLIANT WITH TAS STANDARDS (REF TO C6.0 GRADING PLAN) PROPOSED STRIPING BENEATH VACUUM CANOPIES (TYP.) (REFER TO MANUFACTURERS SPECS FOR CANOPY, CANOPY COLUMNS, VACUUMS AND ASSOCIATED MATERIALS) PAINTED TRAFFIC ARROW (REFER TO DETAILS) INSTALL "DO NOT ENTER" SIGNS PROPOSED 8" CULVERT (REFER TO GRADING PLAN) 30' LANDSCAPE AND PEDESTRIAN ACCESS EASEMENT RE-STRIPE EXISTING FIRELANE PAINTED TRAFFIC ARROWS (REFER TO DETAILS) PROPOSED PUMPS FOR VACUUM CANOPIES PER OWNER/MANUFACTURER SPECIFICATIONS CONCRETE RAMP IN COMPLIANT WITH TAS STANDARDS (REF TO C6.0 GRADING PLAN) PROPOSED PUMPS FOR VACUUM CANOPIES PER OWNER/MANUFACTURER SPECIFICATIONS. CONTRACTOR TO COORDINATE WITH OWNER FOR INSTALLATION INSTALL "DO NOT ENTER" SIGNS PAINTED TRAFFIC ARROWS (REFER TO DETAILS)© 2023 Langanwww.langan.com 1101 ESE Loop 323, Suite 101 Tyler, TX 75701 T: 903.324.8400 TBPE FIRM REG. #F-13709 Langan Engineering and Environmental Services, Inc. LEGEND 1. All development standards shall follow Town Standards. Landscaping shall conform to landscape plans approved by the Town of Prosper. 2. All development standards shall follow Fire Requirements per the Town of Prosper. 3. Handicapped parking areas and building accessibility shall conform to the Americans with Disabilities Act (ADA) and with the requirements of the current, adopted Building Code. 4. All signage is subject to Building Official approval. 5. Impact fees will be assessed in accordance with the land use classification(s) identified on the Site Data Summary Table; however, changes to the proposed land use at the time of CO and/or finish-out permit may result in additional impact fees and/or parking requirements. 6 The approval of a Preliminary Site Plan shall be effective for a period of two (2) years from the date that the Preliminary Site Plan is approved by the Planning & Zoning Commission, at the end of which time the applicant must have submitted and received the approval of a Site Plan by the Planning & Zoning Commission. If a site plan is not approved within such two (2) year period, the Preliminary Site Plan approval is null and void. If Site Plan approval is only for a portion of the property, the approval of the. 7. Preliminary Site Plan for the remaining property shall be null and void. 8. Open Space requirements shall follow the Zoning Ordinance, per tract. Open Space shall not include vehicular paving, required parking lot landscape islands, building footprint, utility yards, required landscape setbacks, sidewalks*, and detention pond *" THESE PLANS ARE SUBJECT TO REVIEW & APPROVAL BY JURISDICTIONAL ENTITIES. THE CONTRACTOR IS SPECIFICALLY CAUTIONED THAT THE LOCATION AND/OR ELEVATION OF ANY EXISTING UTILITIES AS SHOWN ON THESE PLANS ARE BASED ON RECORDS OF THE VARIOUS UTILITY COMPANIES, THE GOVERNING MUNICIPALITY, AND WHERE POSSIBLE, MEASUREMENTS TAKEN IN THE FIELD. THE INFORMATION PROVIDED IS NOT TO BE RELIED ON AS BEING EXACT OR COMPLETE. THE CONTRACTOR MUST CALL THE APPROPRIATE UTILITY COMPANY AT LEAST 48 HOURS BEFORE ANY EXCAVATION TO REQUEST EXACT FIELD LOCATION OF UTILITIES. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH THE PROPOSED IMPROVEMENTS SHOWN ON THESE PLANS. **NOTICE TO CONTRACTORS - UTILITIES** !!!CAUTION!!! EXISTING OVERHEAD & UNDERGROUND UTILITIES IN THE VICINITY. VERIFY LOCATION OF EXISTING UNDERGROUND UTILITIES BY VACUUM EXCAVATION OR OTHER POTHOLING TECHNIQUES. Know what's below. before you dig.Call R PROPOSED FACE AND BACK OF CURB PROPOSED 7" THICK CONCRETE PAVEMENT (REF. TO DETAILS) PROPOSED 4" WHITE PAVEMENT STRIPING PROPOSED CONCRETE SIDEWALK (REFER TO DETAILS) PROPOSED FIRE LINE STRIPING PAINTED PAVEMENT MARKINGS (REFER TO DETAIL) PROPOSED AUTOMATIC GATE* PROPOSED LICENSE PLATE READER* PROPOSED PAY BOOTH* PROPOSED LICENSE PLATE READER* GRAPHIC SCALE FEET04020 1" = 20' *REFER TO OWNER/MANUFACTURE SPECEFICATIONS FIRELANE NO 100-YR FLOODPLAIN EXISTS ON THIS SITE. ** NOTICE TO CONTRACTORS - TOPOGRAPHIC SURVEY ** TOPOGRAPHIC INFORMATION TAKEN FROM A TOPOGRAPHIC SURVEY PERFORMED BY WINDROSE SURVEYING & LAND SERVICES, LLC. THE CONTRACTOR SHALL NOTIFY THE ENGINEER IMMEDIATELY, IN WRITING, OF ANY DISCREPANCIES OR OMISSIONS TO THE TOPOGRAPHIC INFORMATION. THE CONTRACTOR(S) SHALL BE RESPONSIBLE FOR CONFIRMING THE LOCATION (HORIZONTAL/VERTICAL) OF ANY BURIED CABLES, CONDUITS, PIPES, AND STRUCTURES (STORM SEWER, SANITARY SEWER, WATER, GAS, TELEVISION, TELEPHONE, ETC.) WHICH IMPACT THE CONSTRUCTION SITE. THE CONTRACTOR(S) SHALL NOTIFY THE OWNER AND ENGINEER IF ANY DISCREPANCIES ARE FOUND BETWEEN THE ACTUAL CONDITIONS VERSUS THE DATA CONTAINED IN THE CONSTRUCTION PLANS. ANY COSTS INCURRED AS THE RESULT OF NOT CONFIRMING THE ACTUAL LOCATION (HORIZONTAL/VERTICAL) OF SAID CABLES, CONDUITS, PIPES, AND STRUCTURES SHALL BE BORNE BY THE CONTRACTOR. ADDITIONALLY, THE CONTRACTOR(S) SHALL NOTIFY THE OWNER AND ENGINEER IF ANY ERRORS OR DISCREPANCIES ARE FOUND ON THE CONSTRUCTION DOCUMENTS (PS&E), WHICH NEGATIVELY IMPACT THE PROJECT. THE ENGINEER AND OWNER SHALL BE INDEMNIFIED OF PROBLEMS AND/OR COST WHICH MAY RESULT FROM CONTRACTOR'S FAILURE TO NOTIFY ENGINEER AND OWNER. TOWN OF PROSPER STANDARD NOTES Page 248 Item 21. Lot 2, Block A Teel 380 Addition Zoning: PD-40 Existing Use: Vacant Lot 1B, Block A Teel 380 Addition Zoning: PD-40 Existing Use: Vacant Lot 1A, Block A Teel 380 Addition Zoning: PD-40 Existing Use: Vacant Lot 8, Block A Teel 380 Addition Zoning: PD-40 Existing Use: Vacant Lot 7, Block A Teel 380 Addition Zoning: PD-40 Existing Use: Vacant SITE PLAN (DEVAPP-23-0160) TEEL PLAZA 1 LOT 6, BLOCK A, TEEL 380 ADDITION IN THE TOWN OF PROSPER, DENTON COUNTY, TEXAS C. SMITH SURVEY ABSTRACT NO. 1681 126,614 Sq. Ft./2.907 Acres S N W E Vicinity Map Page 249 Item 21. Page 1 of 4 To: Mayor and Town Council From: David Hoover, Director of Development Services Through: Mario Canizares, Town Manager Re: Specific Use Permit for Drive-Thru Restaurant Town Council Meeting – October 24, 2023 Strategic Visioning Priority: 3. Commercial Corridors are ready for Development Agenda Item: Conduct a public hearing and consider and act upon a request for a Specific Use Permit (SUP) for a new Drive-Thru Restaurant, on 1.5± acres, located south of West Frontier Parkway and east of North Dallas Parkway. (ZONE-23-0013) Description of Agenda Item: The zoning and land use of the surrounding properties are as follows: Zoning Current Land Use Future Land Use Plan Subject Property Planned Development - 69 Vacant Tollway District North Celina Celina Celina East Planned Development - 69 Vacant Tollway District South Commercial Corridor District Vacant Tollway District West Commercial District Vacant Tollway District Requested Zoning: Per Planned Development-69 (PD-69), the base zoning for this area is Retail District. A Specific Use Permit is required for drive-thru restaurants in Retail District zoning. The purpose of this request is to allow for construction of a new 4,117 square foot drive-thru restaurant as shown below: PLANNING Page 250 Item 22. Page 2 of 4 Additionally, the Façade Plan shows the finished building elevations as shown below: Page 251 Item 22. Page 3 of 4 Comprehensive Factors: Per the Zoning Ordinance, all uses containing a drive-in or drive-thru shall be subject to the following landscaping standards: “A minimum ten-foot-wide landscape island shall be constructed around the outer edge of the drive-thru lane for a minimum distance to equal the length of stacking required for the drive-thru facility.” The applicant is requesting that the Specific Use Permit allow them to provide a ten-foot landscape buffer on the western property line in lieu of the required ten-foot-wide landscape island. Additionally, the proposed ten-foot landscape buffer would be inclusive of the neighboring property to the west. The proposed site would only provide five feet of the landscape buffer while the neighboring property would provide the other five feet. A Preliminary Site Plan of the location (D22- 0098) was approved by the Planning & Zoning Commission on June 6, 2023. The proposed site and the neighboring property to the west on the approved Preliminary Site Plan are shown below: The Zoning Ordinance contains the following four (4) criteria to be considered in determining the validity of a SUP request. 1. Is the use harmonious and compatible with its surrounding existing uses or proposed uses? 2. Are the activities requested by the applicant normally associated with the requested use? 3. Is the nature of the use reasonable? 4. Has any impact on the surrounding area been mitigated? Staff believes the applicant has not satisfied these criteria, specifically the mitigation of the impact on the surrounding area. However, staff recommends approval of the request subject to the applicant providing the required landscaping per the Town’s Zoning Ordinance. Budget Impact: There is no budgetary impact affiliated with this item. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Notification was provided as required by the Zoning Ordinance and state law. Staff has not received any response to the proposed zoning request to date. Page 252 Item 22. Page 4 of 4 Attached Documents: 1. Aerial and Zoning Maps 2. Survey 3. Site Plan 4. Landscape Plan 5. Façade Plan 6. Letter of Intent Town Staff Recommendation: Town Staff recommends approval of the Specific Use Permit (SUP) request for a new Drive-Thru Restaurant, on 1.5± acres, located south of West Frontier Parkway and east of North Dallas Parkway subject to the applicant providing the required landscaping per the Town’s Zoning Ordinance. This Specific Use Permit request is not in compliance with the Town’s landscaping requirements for drive-thru restaurants. Staff does not believe the applicant’s proposal encompassing the neighboring property’s landscape buffer into their proposed landscape buffer mitigates the nonconformity regarding the landscape island. The Planning & Zoning Commission recommended approval of this item (3-1) at their meeting on September 19, 2023. Proposed Motion: I move to approve/deny the request of the Specific Use Permit (SUP) request for a new Drive- Thru Restaurant, on 1.5± acres, located south of West Frontier Parkway and east of North Dallas Parkway. Page 253 Item 22. Page 254 Item 22. Page 255 Item 22. PROPERTY BOUNDARYEXH-A DATENo.REVISIONBYDATE: SHEET CASE NO. CHECKED: MAM DRAWN:DC DESIGN:FRONTIER RETAIL CENTERBEING PART OF 70.91 ACRES OF LANDOUT OF COLLIN COUNTY SCHOOL LANDSURVEY, ABSTRACT NO. 147PROSPER, TEXAS1903 CENTRAL DRIVE, SUITE #406PHONE: 817.281.0572BEDFORD, TX 76021 WWW.CLAYMOOREENG.COMTEXAS REGISTRATION #14199 MAM 7/17/2023 2022-029 PRELIMINARY CLAYMOORE ENGINEERING 0 GRAPHIC SCALE 1 inch = ft. 30 30 60 30 15 COUNTY SURVEY:ABSTRACT NO. COLLIN COUNTY SCHOOL 147 CITY:STATE: TOWN OF PROSPER TEXAS LEGAL DESCRIPTION: OWNER: APPLICANT/ENGINEER: EXHIBIT "A" CONTACT NAME: MATT MOORE COLLIN BEING PART OF 70.91 ACRE TRACT OF LAND SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, COLLIN COUNTY, TEXAS ZONING: PLANNED DEVELOPMENT-69 (PD-69) ARCHITECT CONTACT NAME: JERAMY WILLIAMS CLAYMOORE ENGINEERING, INC. 301 S COLEMAN, SUITE 40 PROSPER, TX 75078 PH: 817.201.6982 JAW ARCHITECTS PH: 817.705.3387 DNT FRONTIER, LP 4215 W LOVERS LANE, SUITE 250 DALLAS, TX 75209 PH: 817.201.6982 CONTACT NAME: DAVID FOGEL PROPERTY BOUNDARY - McDONALDS TOWN CASE NO.: ZONE-23-0013 36' BFR BY OTHERS FIRE HYD. BY OTHERS FIRE HYD. BY OTHERS FIRE HYD. BY OTHERS EXISTING DRAINAGE STRUCTURE EXISTING RETAINING WALL RETAINING WALL WITH HANDRAIL BY OTHERS RETAINING WALL WITH HANDRAIL BY OTHERS BFR BY OTHERS BFR BY OTHERS FIRE HYD. BY OTHERS 623 621 6 2 0 620 620 620 621 614 615613613 613613 623 622 621 620 619 618617 616 615 614 623 622 621 620 619 618 617616 615 614 614 615 616 617 618 619 620 621621622REQUESTED TRACT A = 67,174 SF (1.54 AC.) POINT OF BEGINNING Page 256 Item 22. SITE PLANEXH-B NOTES: 1.ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED. 2.REFER TO ARCHITECTURAL PLANS FOR BUILDING DIMENSIONS AND EXACT DOOR LOCATIONS. LEGEND STANDARD DUTY CONCRETE PAVEMENT HEAVY DUTY CONCRETE PAVEMENT DUMPSTER AREA CONCRETE PAVEMENT SIDEWALK CONCRETE PAVEMENT PROPOSED CONCRETE CURB AND GUTTER PARKING COUNT FULL-DEPTH SAWCUT PROPOSED FIRE LANE STRIPPING DATENo.REVISIONBYDATE: SHEET CASE NO. CHECKED: MAM DRAWN:DC DESIGN:FRONTIER RETAIL CENTERBEING PART OF 70.91 ACRES OF LANDOUT OF COLLIN COUNTY SCHOOL LANDSURVEY, ABSTRACT NO. 147PROSPER, TEXAS1903 CENTRAL DRIVE, SUITE #406PHONE: 817.281.0572BEDFORD, TX 76021 WWW.CLAYMOOREENG.COMTEXAS REGISTRATION #14199 MAM 8/29/2023 2022-029 0 GRAPHIC SCALE 1 inch = ft. 30 30 60 30 15 COUNTY SURVEY:ABSTRACT NO. COLLIN COUNTY SCHOOL 147 CITY:STATE: TOWN OF PROSPER TEXAS LEGAL DESCRIPTION: OWNER: APPLICANT/ENGINEER: CONTACT NAME: MATT MOORE COLLIN BEING PART OF 70.91 ACRE TRACT OF LAND SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, COLLIN COUNTY, TEXAS ZONING: PLANNED DEVELOPMENT-69 (PD-69) ARCHITECT CONTACT NAME: JERAMY WILLIAMS CLAYMOORE ENGINEERING, INC. 301 S COLEMAN, SUITE 40 PROSPER, TX 75078 PH: 817.201.6982 JAW ARCHITECTS PH: 817.705.3387 DNT FRONTIER, LP 4215 W LOVERS LANE, SUITE 250 DALLAS, TX 75209 PH: 817.201.6982 CONTACT NAME: DAVID FOGEL ACCORDING TO MAP NO. 48085C0115J, DATED 06/02/2009 OF THE NATIONAL FLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF COLLIN COUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERAL INSURANCE ADMINISTRATION, THIS PROPERTY IS WITHIN ZONE "X", (AREAS DETERMINED TO BE OUTSIDE OF THE 0.2% ANNUAL CHANCE FLOODPLAIN). FLOODPLAIN NOTE PRELIMINARY SITE PLAN NOTES: ANY REVISION TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID CONFLICTS BETWEEN PLANS. 1.DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 2.OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 3.OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE. 4.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY TOWN. 5.ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 6.BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE DEPARTMENT. 7.OCCUPANT NOTIFICATION PER THIS SECTION AND 907.5 SHALL BE REQUIRED FOR ALL NEW CONSTRUCTION, OR EXISTING CONSTRUCTION COMPLYING WITH THE INTERNATIONAL BUILDING CODE, FOR RENOVATIONS TO EXISTING BUILDINGS, TENANT SPACES, CHANGES IN OCCUPANCY, REPLACEMENT OR MODIFICATION OF THE EXISTING FIRE ALARM SYSTEM, OR AS REQUIRED BY THE FIRE CODE OFFICIAL, FOR ALL BUILDINGS OR SPACES PROVIDED WITH AN APPROVED AUTOMATIC SPRINKLER SYSTEM. 8.FIRE LANES SHALL BE DESIGNATED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. 9.TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 10.SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 11.FIRE LANES SHALL BE PROVIDED WITHIN 150 FEET OF ALL EXTERIOR WALLS OF ANY BUILDING FOR HOSE LAY REQUIREMENTS. 12.THE FIRE LANE SHALL BE A MINIMUM OF 24 FEET WIDE. 13.BUILDINGS MORE THAN 30 FEET HEIGHT ARE REQUIRED TO HAVE A MINIMUM OF 26-FOOT WIDE FIRE LANE IN THE IMMEDIATE VICINITY FOR FIREFIGHTING OPERATIONS OF THE BUILDING. ONE OF THE 26-FOOT WIDE LANES SHALL BE LOCATED A MINIMUM OF 15 FEET FROM THE BUILDING AND NO MORE THAN 30 FEET. 14.THE INSIDE TURNING RADIUS OF THE 24-FOOT FIRE LANE SHALL BE A MINIMUM OF 30 FEET. 15.THE INSIDE TURNING RADIUS OF THE 26-FOOT FIRE LANE SHALL BE A MINIMUM OF 30 FEET. 16.DEAD-END FIRE LANES ARE ONLY PERMITTED WITH APPROVED HAMMERHEADS. 17.FIRE HYDRANTS SHALL BE PROBIDED AT THE ENTRTANCES AND INTERSECTIONS. 18.AS PROPERTIES DEVELOP, FIRE HYDRANTS SHALL BE LOCATED AT ALL INTERSECTING STREETS AND THE MAXIMUM SPACING SHALL BE EVERY 300 FEET FOR ALL DEVELOPMENTS, AND FACILITIES OTHER THAN R3. R-3 DEVELOPMENTS SHALL BE EVERY 500 FEET. DISTANCES BETWEEN HYDRANTS SHALL BE MEASURED ALONG THE ROUTE THAT FIRE HOSE IS LAID BY A FIRE APPARATUS FROM HYDRANT-TO-HYDRANT, NOT AS THE "CROW FLIES". 19.FIRE DEPARTMENT CONNECTION (FDC) FOR THE FIRE SPRINKLER SYSTEM SHALL BE LOCATED WITHIN 50 FEET OF A FIRE HYDRANT AND 50 FEET OF A FIRE LANE. 5" STORZ, 30-DEGREE DOWNWARD TURNING WITH LOCKING CAP. 20.FIRE HYDRANTS SHALL BE LOCATED 2 FOOT TO 6 FOOT BACK FROM THE CURB OF FIRE LANE AND SHALL NOT BE LOCATED IN THE BULB OF A CUL-DE-SAC. 21.THERE SHALL BE A MINIMUM OF TWO FIRE HYDRANTS SERVING EACH PROPERTY WITHIN THE PRESCRIBED DISTANCES LISTED ABOVE. A MINIMUM OF ONE FIRE HYDARNT SHALL BE LOCAED ON EACH LOT. 22.A MINIMUM 10-FOOT UNOBSTRUCTED WIDTH SHALL BE PROVIDED AROUND A BUILDING FOR ADEQUATE FIRE DEPARTMENT ACCESS. A CONTINUOUS ROW OF PARKING AND LANDSCAPING SHALL BE CONSIDERED A BARRIER. 23.THE MAXIMUM DEAD END CUL-DE-SAC LENGTH SHALL NOT EXCEED SIX HUNDRED FEET AS MEASURED FROM THE CENTERLINE OF THE INTERSECTION STREET TO THE CENTER POINT OF THE RADIUS. 24.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 25.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 26.ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE PRELIMINARY SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. 27.ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL AND SHALL CONFORM TO THE APPROVED FACADE PLAN. 28.SIDEWALKS OF NOT LESS THAN SIX (6) FEET IN WIDTH ALONG THOROUGHFARES AND COLLECTORS AND FIVE (5) FEET IN WIDTH ALONG RESIDENTIAL STREETS AND BARRIER-FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS. 29.ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 30.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE.. 31.ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF EASEMENT. 32.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 33.THE APPROVAL OF A PRELIMINARY SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF TWO (2) YEARS FROM THE DATE THAT THE PRELIMINARY SITE PLAN IS APPROVED BY THE PLANNING AND ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED THE APPROVAL OF A SITE PLAN BY THE PLANNING & ZONING COMMISSION. IF A SITE PLAN IS NOT APPROVED WITHIN SUCH TWO (2) YEAR PERIOD, THE PRELIMINARY SITE PLAN APPROVAL IS NULL AND VOID. IF SITE PLAN APPROVAL IS ONLY FOR A PORTION OF THE PROPERTY, THE APPROVAL OF THE PRELIMINARY SITE PLAN FOR THE REMAINING PROPERTY SHALL BE NULL AND VOID. 34.SITE WILL BE UNAVAILABLE TO DEVELOP UNTIL A GRAVITY TRUNK MAIN HAS BEEN CONSTRUCTED FOR THE BASIN. 35.THE TOWN CURRENTLY CONTRACTS WITH CWD FOR WASTE DISPOSAL SERVICES. THEY MAY BE CONTACTED AT 972-392-9300. OPEN SPACE NOTE: 7% OF NET LOT AREA IS REQUIRED TO BE PROVIDED AS OPEN SPACE. THE FOLLOWING SHALL NOT BE INCLUDED: VEHICULAR PAVING, REQUIRED PARKING LOT LANDSCAPE ISLANDS, BUILDING FOOTPRINT, UTILITY YARDS, REQUIRED LANDSCAPE SETBACKS, SIDEWALKS, AND DETENTION PONDS. EXHIBIT B24'18'10'20.1'9'24'R 3 0 'R30'30'36' PROP. BFR PROP. BFR PROPOSED 6' WIDE MEANDERING SIDEWALK FIRE HYD. BY OTHERS FIRE HYD. BY OTHERS PROP. HEADLIGHT SCREENING CWD TRASH ENCLOSURE PROP. FH. FIRE HYD. BY OTHERS R15' R 2 0 ' 20.1'20'20.1' 6.13' 74.34'84.25'12'6'12'158.75'72.87' 18'20' R15'R20' R 2 0 'R20'R20'R20.5' R20.5'R20.5 'R32.5 ' R 2 0 . 5 ' R 1 0 ' R3'R2'R20' R20'R5'R5'10' EXISTING DRAINAGE STRUCTURE 14.5 ' 10' RETAINING WALL WITH HANDRAIL BY OTHERS RETAINING WALL WITH HANDRAIL BY OTHERS BFR BY OTHERS BFR BY OTHERS 5' LANDSCAPE SETBACK10' LANDSCAPE SETBACK PROPOSED RESTAURANT W/DRIVE-THRU 45-97 4,117 SF 15' LANDSCAPE & ACCESS EASEMENT30' LANDSCAPE EASEMENT PROPOSED 6' WIDE MEANDERING SIDEWALK FIRE HYD. BY OTHERS 9' 9'20'20'9' CONCRETE PVMT. PER TOWN STDS. PROP. MONUMENT SIGN EX. 30' WIDE FIRE LANE, ACCESS, AND UTILITY ESMT. PROPOSED 15' WATER ESMT. 26.16'20'94.83'18' 50.65'129.52'169.86'ROW DEDICATION BFR BY OTHERS BFR BY OTHERS R10'R2'R5' R 1 0 'R2'1 0 'R2 8 ' R48' Page 257 Item 22. CIRS (21) LAN HOR 1 gal. (1) ULM CRA 3" Cal. (2) SAL GRE 1 gal. (15) PEN HAM 1 gal. (3) ILE BU2 5 gal. (3) SAL GRE 1 gal. (1) ULM CRA 3" Cal. (10) BOU BLO 1 gal. (19) NAS TEN 1 gal. (2) HES PAR 5 gal. (3) SPI REE 3 gal. (12) PEN HAM 1 gal. (1) ULM CRA 3" Cal. (2) SAL GRE 1 gal. (1) QUE TEX 3" Cal. (8) BOU BLO 1 gal. (1) LEU FFI 5 gal. (1) QUE TEX 3" Cal. (1) SAL GRE 1 gal. (3) SAL GRE 1 gal. (75) LAN HOR 1 gal. (26) LAN HOR 1 gal. (5) SPI REE 3 gal. (18) PEN HAM 1 gal. (10) SAL GRE 1 gal. (1) QUE TEX 3" Cal. (1) CER TXA 3" Cal. (15) BOU BLO 1 gal. (6) SAL GRE 1 gal. (22) PEN HAM 1 gal. (9) SPI REE 3 gal. (1) QUE TEX 3" Cal. (150) LAN HOR 1 gal. (1) CER TXA 3" Cal. (6) BOU CUR 1 gal. (1) ULM CRA 3" Cal. (3) PEN HAM 1 gal. (1) ULM CRA 3" Cal. (16) LAN HOR 1 gal. (3) SPI REE 3 gal. (22) LAN HOR 1 gal. (5) SPI REE 3 gal.30'-0"LANDSCAPEEASEMENT100'-09"27'-1112"HEALIGHT SCREEENING HEADLIGHT SCREENINGHEADLIGHT SCREENING(7) QUE TEX 3" Cal. (5) BOU BLO 1 gal. (4) LEU FFI 5 gal. (4) SAL GRE 1 gal. DECOMPOSED GRANITE (4) ABE EDG 5 gal. (11) LEU FFI 5 gal. (3) PEN HAM 1 gal. (6) CHI LIN 3" Cal. (1) ULM CRA 3" Cal. (3) ILE BU2 5 gal. (3) LEU FFI 5 gal. (7) QUE TEX 3" Cal. (8) SAL GRE 1 gal. (58) NAS TEN 1 gal. (3) LEU FFI 5 gal. (8) HES PAR 5 gal. (10) BOU BLO 1 gal. (5) SAL GRE 1 gal. (9) ABE EDG 5 gal. (10) ILE BU2 5 gal. (6) QUE TEX 3" Cal. (12) ABE EDG 5 gal. (10) ILE BU2 5 gal. (10) ABE EDG 5 gal. (3) ULM CRA 3" Cal. (10) ILE BU2 5 gal. (10) ABE EDG 5 gal. (10) ILE BU2 5 gal. (10) ABE EDG 5 gal. (18) LEU FFI 5 gal. (7) ABE EDG 5 gal. (1) QUE TEX 3" Cal. (81) ABE EDG 5 gal. (52) ABE EDG 5 gal. (50) ILE BU2 5 gal. (36) ILE NEL 10 gal. Scale 1" = 20' 10'40'20'0' PLANT LEGEND STEEL EDGING BETWEEN TURF AND SHRUBS (TYP.) GENERAL GRADING AND PLANTING NOTES 1. BY SUBMITTING A PROPOSAL FOR THE LANDSCAPE PLANTING SCOPE OF WORK, THE CONTRACTOR CONFIRMS THAT HE HAS READ, AND WILL COMPLY WITH, THE ASSOCIATED NOTES, SPECIFICATIONS, AND DETAILS WITH THIS PROJECT. 2. THE GENERAL CONTRACTOR IS RESPONSIBLE FOR REMOVING ALL EXISTING VEGETATION (EXCEPT WHERE NOTED TO REMAIN). 3. IN THE CONTEXT OF THESE PLANS, NOTES, AND SPECIFICATIONS, "FINISH GRADE" REFERS TO THE FINAL ELEVATION OF THE SOIL SURFACE (NOT TOP OF MULCH) AS INDICATED ON THE GRADING PLANS. a. BEFORE STARTING WORK, THE LANDSCAPE CONTRACTOR SHALL VERIFY THAT THE ROUGH GRADES OF ALL LANDSCAPE AREAS ARE WITHIN +/-0.1' OF FINISH GRADE. SEE SPECIFICATIONS FOR MORE DETAILED INSTRUCTION ON TURF AREA AND PLANTING BED PREPARATION. b. CONSTRUCT AND MAINTAIN FINISH GRADES AS SHOWN ON GRADING PLANS, AND CONSTRUCT AND MAINTAIN SLOPES AS RECOMMENDED BY THE GEOTECHNICAL REPORT. ALL LANDSCAPE AREAS SHALL HAVE POSITIVE DRAINAGE AWAY FROM STRUCTURES AT THE MINIMUM SLOPE SPECIFIED IN THE REPORT AND ON THE GRADING PLANS, AND AREAS OF POTENTIAL PONDING SHALL BE REGRADED TO BLEND IN WITH THE SURROUNDING GRADES AND ELIMINATE PONDING POTENTIAL. c. THE LANDSCAPE CONTRACTOR SHALL DETERMINE WHETHER OR NOT THE EXPORT OF ANY SOIL WILL BE NEEDED, TAKING INTO ACCOUNT THE ROUGH GRADE PROVIDED, THE AMOUNT OF SOIL AMENDMENTS TO BE ADDED (BASED ON A SOIL TEST, PER SPECIFICATIONS), AND THE FINISH GRADES TO BE ESTABLISHED. d. ENSURE THAT THE FINISH GRADE IN SHRUB AREAS IMMEDIATELY ADJACENT TO WALKS AND OTHER WALKING SURFACES, AFTER INSTALLING SOIL AMENDMENTS, IS 3" BELOW THE ADJACENT FINISH SURFACE, IN ORDER TO ALLOW FOR PROPER MULCH DEPTH. TAPER THE SOIL SURFACE TO MEET FINISH GRADE, AS SPECIFIED ON THE GRADING PLANS, AT APPROXIMATELY 18" AWAY FROM THE WALKS. e. ENSURE THAT THE FINISH GRADE IN TURF AREAS IMMEDIATELY ADJACENT TO WALKS AND OTHER WALKING SURFACES, AFTER INSTALLING SOIL AMENDMENTS, IS 1" BELOW THE FINISH SURFACE OF THE WALKS. TAPER THE SOIL SURFACE TO MEET FINISH GRADE, AS SPECIFIED ON THE GRADING PLANS, AT APPROXIMATELY 18" AWAY FROM THE WALKS. f. SHOULD ANY CONFLICTS AND/OR DISCREPANCIES ARISE BETWEEN THE GRADING PLANS, GEOTECHNICAL REPORT, THESE NOTES AND PLANS, AND ACTUAL CONDITIONS, THE CONTRACTOR SHALL IMMEDIATELY BRING SUCH ITEMS TO THE ATTENTION OF THE LANDSCAPE ARCHITECT, GENERAL CONTRACTOR, AND OWNER. 4. ALL PLANT LOCATIONS ARE DIAGRAMMATIC. ACTUAL LOCATIONS SHALL BE VERIFIED WITH THE LANDSCAPE ARCHITECT OR DESIGNER PRIOR TO PLANTING. THE LANDSCAPE CONTRACTOR SHALL ENSURE THAT ALL REQUIREMENTS OF THE PERMITTING AUTHORITY ARE MET (I.E., MINIMUM PLANT QUANTITIES, PLANTING METHODS, TREE PROTECTION METHODS, ETC.). a. THE LANDSCAPE CONTRACTOR IS RESPONSIBLE FOR DETERMINING PLANT QUANTITIES; PLANT QUANTITIES SHOWN ON LEGENDS AND CALLOUTS ARE FOR GENERAL INFORMATION ONLY. IN THE EVENT OF A DISCREPANCY BETWEEN THE PLAN AND THE PLANT LEGEND, THE PLANT QUANTITY AS SHOWN ON THE PLAN (FOR INDIVIDUAL SYMBOLS) OR CALLOUT (FOR GROUNDCOVER PATTERNS) SHALL TAKE PRECEDENCE. b.NO SUBSTITUTIONS OF PLANT MATERIALS SHALL BE ALLOWED WITHOUT THE WRITTEN PERMISSION OF THE LANDSCAPE ARCHITECT. IF SOME OF THE PLANTS ARE NOT AVAILABLE, THE LANDSCAPE CONTRACTOR SHALL NOTIFY THE LANDSCAPE ARCHITECT IN WRITING (VIA PROPER CHANNELS). c. THE CONTRACTOR SHALL, AT A MINIMUM, PROVIDE REPRESENTATIVE PHOTOS OF ALL PLANTS PROPOSED FOR THE PROJECT. THE CONTRACTOR SHALL ALLOW THE LANDSCAPE ARCHITECT AND THE OWNER/OWNER'S REPRESENTATIVE TO INSPECT, AND APPROVE OR REJECT, ALL PLANTS DELIVERED TO THE JOBSITE. REFER TO SPECIFICATIONS FOR ADDITIONAL REQUIREMENTS FOR SUBMITTALS. 5. THE CONTRACTOR SHALL MAINTAIN THE LANDSCAPE IN A HEALTHY CONDITION FOR 90 DAYS AFTER ACCEPTANCE BY THE OWNER. REFER TO SPECIFICATIONS FOR CONDITIONS OF ACCEPTANCE FOR THE START OF THE MAINTENANCE PERIOD, AND FOR FINAL ACCEPTANCE AT THE END OF THE MAINTENANCE PERIOD. 6. SEE SPECIFICATIONS AND DETAILS FOR FURTHER REQUIREMENTS. ABELIA X 'EDWARD GOUCHER'ABE EDG BOUTELOUA CURTIPENDULABOU CLR CER TXA CERCIS CANADENSIS TEXENSIS 3" cal., 8'-10' high CHI LIN CHILOPSIS LINEARIS QUE TEX QUERCUS TEXANA ULM CRA ULMUS CRASSIFOLIA HES PAR HESPERALOE PARVIFLORA ILE NAN ILEX CORNUTA 'BURFORDII' LEU FFI LEUCOPHYLLUM FRUTESCENS 'SAN ANTONIO ROSE' SPI REE SPIRAEA CANTONIENSIS BOU GLO BOUTELOUA GRACILIS 'BONDE AMBITION' NAS TEN NASSELLA TENUISSIMA PEN HAM PENNISETUM ALOPECUROIDES 'HAMELN' SAL GRE SALVIA GREGGII #5 cont. #1 cont. EDWARD GOUCHER ABELIA SIDE OATS GRAMA TEXAS REDBUD DESERT WILLOW TEXAS RED OAK CEDAR ELM RED YUCCA BURFORD HOLLY SAN ANTONIO ROSE TEXAS SAGE BRIDAL WREATH SPRIEA BLONDE AMBITION BLUE GRAMA MEXICAN FEATHER GRASS HAMELN FOUNTAIN GRASS AUTUMN SAGE BOTANIC NAMESYMBOL COMMON NAME MIN. SIZE AS SHOWN 36" O.C. 60" O.C. 36" O.C. 36" O.C. 48" O.C. 36" O.C. 36" O.C. 36" O.C. 36" O.C. 48" O.C. 2 9 25 9 189 10 97 41 25 13 50 77 74 45 SPACING QUANTITY REMARKS NOTE: ALL TREES SHALL BE CONTAINER-GROWN, CONTAINER SIZE AS APPROPRIATE FOR THE CALIPER SPECIFIED. SEE SPECIFICATIONS FOR PROPER ROOT QUALITY. LANDSCAPE CALCULATIONS PERIMETER TREES FRONTIER PARKWAY FRONTAGE LENGTH:191 LF STREET TREES REQUIRED:7 TREES (1 PER 30 LF OF FRONTAGE) 191 30 = 6.37 STREET TREES PROVIDED:7 TREES SHRUBS REQUIRED 96 SHRUBS (15 SHRUBS PER 30 LF OF FRONTAGE)6.37x15= 95.55 SHRUBS PROVIDED:102 SHRUBS EASTERN STREET BOUNDARY FRONTAGE LENGTH:252 LF (MINUS DRIVEWAY LENGTHS) STREET TREES REQUIRED:9 TREES (1 PER 30 LF OF FRONTAGE)252 30 =8.4 STREET TREES PROVIDED:9 TREES SHRUBS REQUIRED 126 SHRUBS (15 SHRUBS PER 30 LF OF FRONTAGE)8.4x15=126 SHRUBS PROVIDED: WESTERN PROPERTY BOUNDARY FRONTAGE LENGTH:190 LF STREET TREES REQUIRED:7 TREES (1 PER 30 LF OF FRONTAGE)190 30 =6.33 STREET TREES PROVIDED:7 TREES SHRUBS REQUIRED:95 SHRUBS (15 SHRUBS PER 30 LF OF FRONTAGE)6.33x15=95 SHRUBS PROVIDED:36* DUE TO SITE CONSTRICTIONS W/ PLANT HEIGHT INCREASE DRIVE THRU REQUIREMENTS ISLAND LENGTH:103 LF TREES REQUIRED:7 TREES (1 PER 15 LF OF ISLAND) 103 15 =6.86 TREES PROVIDED:7 TREES SHRUBS REQUIRED:35 SHRUBS ( @36" O.C.) 108 3 =34.33 SHRUBS PROVIDED:94 SHRUBS INTERIOR PARKING REQUIRED LANDSCAPE AREA:15 SF PER EACH PARKING STALL TREES PROVIDED:615 SF REQUIRED / 4,465 PROVIDED TREES REQUIRED :1 TREE PER 10 PARKING STALLS TREES PROVIDED:4.1 TREES REQUIRED / 5 TREES PROVIDED HEADLIGHT SCREENING:SHRUBS @ 36" O.C. FULL LENGTH OF PARKING - 415 LF SHRUBS PROVIDED:139 (415 3 =138.33) TURF AND SEED PERENNIALS AND ORNAMENTAL GRASSES TREES SHRUBS Common Bermuda Grass 19,775 SF- - -SodCynodon 'TifTuf' DATE: SHEET CASE NO. CHECKED: CBD DRAWN:CBD DESIGN:FRONTIER RETAIL CENTERBEING PART OF 70.91 ACRES OF LANDOUT OF COLLIN COUNTY SCHOOL LANDSURVEY, ABSTRACT NO. 147PROSPER, TEXASCBD 06/04/2023 BEARINGS SHOWN HEREON ARE TIED TO THE TEXAS COORDINATE SYSTEM OF 1983 (NAD83(2011) EPOCH2013) NORTH CENTRAL ZONE (4202) USING TOWN OF PROSPER GEODETIC CONTROL MONUMENTS 3 AND 5: GPS-3 GPS-5 N: 7141040.803 N: 7144654.054 E: 2480701.977 E: 2492631.252 ELEV: 615.09 ELEV: 704.95 TBM #1: "X" CUT IN INLET ON THE EAST SIDE OF DALLAS NORTH TOLLWAY NORTHBOUND SERVICE ROAD, APPROXIMATELY 146 FEET SOUTH OF FRONTIER PARKWAY CENTERLINE. N: 7146308.56 E: 2482444.24 ELEV: 619.13 2022-029 (800) 680-6630 15455 Dallas Pkwy., Ste 600 Addison, TX 75001 www.EvergreenDesignGroup.com EVERGREEN D E S I G N G R O U P 3" cal., 8'-10' high AS SHOWN 3" cal., 10'-12' high AS SHOWN 3" cal., 10'-12' high AS SHOWN #5 cont. #5 cont. #5 cont. #3 cont. #1 cont. #1 cont. #1 cont. #1 cont. LAN HOR LANTANA HORRIDA TEXAS LANTANA 24" O.C. 310#1 cont. 06/04/2023 C AGGREGATE / STEEL EDGING ASTM C136 - or Equivalent 1,272 SF4" DepthAggregateDecomposed Granite ASTM C136 - or Equivalent 1,272 LFEdgingSteel Edging HEALIGHT SCREENINGTOWN OF PROSPER LANDSCAPE GENERAL NOTES: ·PLANT MATERIAL SHALL BE MEASURED AND SIZED ACCORDING TO THE LATEST EDITION OF THE AMERICAN STANDARD FOR NURSERY STOCK (ANSI Z60.1) ·ALL PLANT SUBSTITUTIONS ARE SUBJECT TO TOWN APPROVAL AND MUST BE SPECIFIED ON THE APPROVED LANDSCAPE PLAN. ·GROUND COVERS USED IN LIEU OF TURF GRASS MUST PROVIDED COMPLETE COVERAGE WITHIN ONE (1) YEAR OF PLANTING AND MAINTAIN ADEQUATE COVERAGE AS APPROVED BY THE TOWN. ·TREES MUST BE PLANTED FOUR (4) FEET OR GREATER FROM CURBS, SIDEWALKS, UTILITY LINES, SCREENING WALLS, AND ALL STRUCTURES. SINGLE-TRUNK TREES SHALL HAVE A SINGLE, STRAIGHT LEADER, AND ALL TREES SHALL BE FULL, WITH BALANCED CANOPY. MAJOR DAMAGE TO TRUNK(S), OR BRANCHES, WILL BE CAUSE FOR DENIAL. ·ALL ROOT FLARES SHALL BE SET AT THREE(3) TO FOUR (4) INCHES ABOVE SURROUNDING GRADE ·THE TREE PIT SHALL BE BACKFILLED WITH NATIVE TOPSOIL FREE OF ROCK AND OTHER DERIS. ·BURLAP, TWINE, AND WIRE BASKETS SHALL BE SEVERED AND REMOVED FROM THE TOP OF THE ROOT BALL. ·A 3"-4" LAYER OF MULCH SHALL BE PROVIDED AROUND THE BASE OF THE PLANTED TREE. THE MULCH SHALL BE PULLED BACK 1"-2" FROM THE TRUNK OF THE TRREE. ·NO PERSON(S) OR ENTITY MAY USE IMPROPER OR MALICIOUS MAINTENANCE OR PRUNING TECHNIQUES INCLUDING, BUT NOT LIMITED TO,: TOPPING OR OTHER NON SYMMETRICAL TRIMMING OF TREES, DAMAGE FROM A BACKHOE, CAUSE OF FIRE OR POISON. FOLLOW THE AMERICAN STANDARD FOR NURSERY STOCK (ANSI Z60.1) GUIDELINES ON PRUNING AND MAINTENANCE. ·TOPSOIL SHALL BE A MINIMUM OF EIGHT (8) INCHES IN DEPTH IN PLANTING AREAS. SOIL SHALL BE FREE OF STONES, ROOTS, AND CLODS AND ANY OTHER FOREIGN MATERIAL THAT IS NOT BENEFICIAL FOR PLANT GROWTH. ·ALL PLANT BEDS SHALL BE TOP-DRESSED WITH A MINIMUM OF THREE (3) INCHES OF MULCH. ·TREES OVERHANGING WALKS AND PARKING SHALL HAVE A MINIMUM CLEAR BRANCH HEIGHT OF SEVEN (7) FEET. TREES OVERHANGING PUBLIC STREET PAVEMENT DRIVE AISLES AND FIRE LANES SHALL HAVE A MINIMUM CLEAR BRANCH HEIGHT OF FOURTEEN (14) FEET. ·A VISIBILITY TRIANGLE MUST BE PROVIDED AT ALL INTERSECTIONS, WHERE SHRUBS ARE NOT TO EXCEED THIRTY (30) INCHES IN HEIGHT, AND TREES SHALL HAVE A MINIMUM CLEAR TRUNK HEIGHT OF NINE (9) FEET. ·TREES PLANTED ON A SLOPE SHALL HAVE THE TREE WELL AT THE AVERAGE GRADE OF THE UPHILL SLOPE. ·ALL AREAS OF LESS THAN THREE (3) FEET IN WIDTH SHALL BE GRASS, GROUNDCOVER, OR SOME TYPE OF DECORATIVE RIVER ROCK, PAVERS, OR CONCRETE. ·THE OWNER, TENANT, AND/OR THEIR AGENTS, IF ANY, SHALL BE JOINTLY AND SEVERALLY RESPONSIBLE FOR THE MAINTENANCE, ESTABLISHMENT, AND PERMANENCE OF PLANT MATERIAL. ALL LANDSCAPING SHALL BE MAINTAINED IN A NEAT AND ORDERLY AT ALL TIMES INCLUDING, BUT NOT LIMITED TO, MOWING, EDGING, PRUNING, FERTILIZING, WATERING, DE-WEEDING, AND TRASH REMOVAL. ·PLANT MATERIAL THAT IS DAMAGED, DESTROYED, OR REMOVED SHALL BE REPLACED WITH PLANTS MEETING MINIMUM SPECIFICATIONS PER LANDSCAPE PLAN. ALL TURF/GROUND COVER AREAS TO BE ESTABLISHED PRIOR TO RECEIPT OF CERTIFICATE OF OCCUPANCY, UNLESS OTHERWISE APPROVED BY THE TOWN. ·AN AUTOMATIC IRRIGATION SYSTEM SHALL BE PROVIDED TO IRRIGATE ALL LANDSCAPE AREAS INTO STREETS, SIDEWALKS, OR ALLEYS. ·NO PLANTING AREA S SHALL EXCEED 3:1 SLOPE (3 FT HORIZONTAL TO 1 FT VERTICAL). ·EARTHEN BERMS SHALL NOT INCLUDE CONSTRUCTION DEBRIS. ·ALL WALKWAYS SHALL MEET ADA AND TAS REQUIREMENTS. ·LANDSCAPE INSTALLATION MUST COMPLY WITH APPROVED LANDSCAPE PLANS, AND AS-BUILT PLANS SUBMITTED TO PARKS AND RECREATION, PRIOR TO FINAL ACCEPTANCE BY THE TOWN AND/OR OBTAINING A CERTIFICATE OF OCCUPANCY. ·FINAL INSPECTION AND APPROVAL OF SCREENING WALLS, IRRIGATION, AND LANDSCAPE IS SUBJECT TO ALL PUBLIC UTILITIES, INCLUDING BUT NOT LIMITED TO MANHOLES, VALVES, WATER METERS, CLEANOUTS, AND OTHER APPURTENANCES BEING ACCESSIBLE, ADJUSTED TO GRADE, AND TO THE TOWN OF PROSPER PUBLIC WORKS DEPARTMENT STANDARDS. ·IMPORTANT: MINIMUM STANDARDS FOR PLANTS, AS SET FORTH IN THE ZONING ORDINANCE AND APPROVED LANDSCAPE PLANS ARE TAKEN SERIOUSLY BY THE TOWN AND PARKS AND RECREATION. INSTALLING INFERIOR PLANTS WITHOUT WRITTEN APPROVAL FROM A PARKS REPRESENTATIVE MAY RESULT IN REJECTION OF SOME OR ALL PLANTS, THEREBY DELAYING RECEIPT OF A CERTIFICATE OF OCCUPANCY. ARCHITECTS AND LANDSCAPE CONTRACTORS ARE STRONGLY ENCOURAGED TO NOTIFY THE PARKS DEPARTMENT TO DISCUSS POSSIBLE DEFICIENCIES PRIOR TO INSTALLATION. ·CALL PARKS AND RECREATION AT (972-569-1160) AT LEAST FORTY-EIGHT (48) HOURS PRIOR TO THE FOLLOWING INSPECTIONS" ··PROPOSED TRAIL ALIGNMENT ··BERM CONSTRUCTION & GRADING ··ESCROW RELEASE ··FINAL INSPECTION ILE NEL ILEX X 'NELLIE R. STEVENS'NELLIE R. STEVENS HOLLY 48" O.C. 36#10 cont.EXHIBIT CPage 258 Item 22. PLANT SPACING SCALE: NTSC 4 X 2X 3 2 1 5 6 7 4 1 2 3 SHRUB, PERENNIAL, OR ORNAMENTAL GRASS. MULCH, TYPE AND DEPTH PER PLANS. PLACE NO MORE THAN 1" OF MULCH WITHIN 6" OF PLANT CENTER. FINISH GRADE. BACKFILL. AMEND AND FERTILIZE ONLY AS RECOMMENDED IN SOIL FERTILITY ANALYSIS. ROOT BALL. UNDISTURBED NATIVE SOIL. 3" HIGH EARTHEN WATERING BASIN. 5 6 7 SHRUB AND PERENNIAL PLANTING SCALE: NTSB 8 WEED FABRIC UNDER MULCH. 8 PLANTING SPECIFICATIONS FINISH GRADE.4 4 3 2 1 NOTES: 1) INSTALL EDGING SO THAT STAKES WILL BE ON INSIDE OF PLANTING BED. 2) BOTTOM OF EDGING SHALL BE BURIED A MINIMUM OF 1" BELOW FINISH GRADE. 3) TOP OF MULCH SHALL BE 1" LOWER THAN TOP OF EDGING. MULCH, TYPE AND DEPTH PER PLANS.3 TAPERED STEEL STAKES.2 ROLLED-TOP STEEL EDGING PER PLANS.1 D SCALE: NOT TO SCALE STEEL EDGING TURF (WHERE SHOWN ON PLAN).4 PLANT.3 MULCH LAYER.2 CURB.1 1 432 OF MATURE CANOPY 24" MIN. TO EDGE DISTANCE PER PLAN E SCALE: NOT TO SCALE PLANTING AT PARKING AREA TREE PLANTING SCALE: NOT TO SCALEA PLANT CENTER (TYP.)EQUALEQUALEQUALEDGE OF PLANTING AREA EQUAL NOTE: ALL PLANTS SHALL BE PLANTED AT EQUAL TRIANGULAR SPACING (EXCEPT WHERE SHOWN ON PLANS AS INFORMAL GROUPINGS). REFER TO PLANT LEGEND FOR SPACING DISTANCE BETWEEN PLANTS. 1) STEP 1: DETERMINE TOTAL PLANTS FOR THE AREA WITH THE FOLLOWING FORMULA: TOTAL AREA / AREA DIVIDER = TOTAL PLANTS PLANT SPACING AREA DIVIDER PLANT SPACING AREA DIVIDER 6"0.22 18"1.95 8"0.39 24"3.46 10"0.60 30"5.41 12"0.87 36"7.79 15"1.35 2) STEP 2: SUBTRACT THE ROW (S) OF PLANTS THAT WOULD OCCUR AT THE EDGE OF THE PLANTED AREA WITH THE FOLLOWING FORMULA: TOTAL PERIMETER LENGTH / PLANT SPACING = TOTAL PLANT SUBTRACTION EXAMPLE: PLANTS AT 18" O.C. IN 100 SF PLANTING AREA, 40 LF PERIMETER STEP 1: 100 SF/1.95 = 51 PLANTS STEP 2: 51 PLANTS - (40 LF / 1.95 = 21 PLANTS) = 30 PLANTS TOTAL 5 6 7 4 1 8 9 11 10 12 PREVAILING WINDS NOTES: 1. SCARIFY SIDES OF PLANTING PIT PRIOR TO SETTING TREE. 2. REMOVE EXCESS SOIL APPLIED ON TOP OF THE ROOTBALL THAT COVERS THE ROOT FLARE. THE PLANTING HOLE DEPTH SHALL BE SUCH THAT THE ROOTBALL RESTS ON UNDISTURBED SOIL, AND THE ROOT FLARE IS 2"-4" ABOVE FINISH GRADE. 3. FOR B&B TREES, CUT OFF BOTTOM 1/3 OF WIRE BASKET BEFORE PLACING TREE IN HOLE, CUT OFF AND REMOVE REMAINDER OF BASKET AFTER TREE IS SET IN HOLE, REMOVE ALL NYLON TIES, TWINE, ROPE, AND OTHER PACKING MATERIAL. REMOVE AS MUCH BURLAP FROM AROUND ROOTBALL AS IS PRACTICAL. 4. REMOVE ALL NURSERY STAKES AFTER PLANTING. 5. FOR TREES 36" BOX/2.5" CAL. AND LARGER, USE THREE STAKES OR DEADMEN (AS APPROPRIATE), SPACED EVENLY AROUND TREE. 6. STAKING SHALL BE TIGHT ENOUGH TO PREVENT TRUNK FROM BENDING, BUT LOOSE ENOUGH TO ALLOW SOME TRUNK MOVEMENT IN WIND. 1 2 3 TREE CANOPY. CINCH-TIES (24" BOX/2" CAL. TREES AND SMALLER) OR 12 GAUGE GALVANIZED WIRE WITH NYLON TREE STRAPS AT TREE AND STAKE (36" BOX/2.5" CAL. TREES AND LARGER). SECURE TIES OR STRAPS TO TRUNK JUST ABOVE LOWEST MAJOR BRANCHES. GREEN STEEL T-POSTS. EXTEND POSTS 12" MIN. INTO UNDISTURBED SOIL. 24" X 3/4" P.V.C. MARKERS OVER WIRES. PRESSURE-TREATED WOOD DEADMAN, TWO PER TREE (MIN.). BURY OUTSIDE OF PLANTING PIT AND 18" MIN. INTO UNDISTURBED SOIL. MULCH, TYPE AND DEPTH PER PLANS. DO NOT PLACE MULCH WITHIN 6" OF TRUNK. FINISH GRADE. BACKFILL. AMEND AND FERTILIZE ONLY AS RECOMMENDED IN SOIL FERTILITY ANALYSIS. ROOT BALL. UNDISTURBED NATIVE SOIL. 4" HIGH EARTHEN WATERING BASIN. TRUNK FLARE. CONIFEROUS TREE PREVAILING WINDS STAKING EXAMPLES (PLAN VIEW) 2 4 6 7 8 9 10 11 1 4 3X ROOTBALL DIA. 5 2 3 5 12 NON-CONIFEROUS TREE 13 13 FINISH GRADE. ROOT BARRIER - PLAN VIEW SCALE: NOT TO SCALEF GENERAL A. QUALIFICATIONS OF LANDSCAPE CONTRACTOR 1. ALL LANDSCAPE WORK SHOWN ON THESE PLANS SHALL BE PERFORMED BY A SINGLE FIRM SPECIALIZING IN LANDSCAPE PLANTING. 2. A LIST OF SUCCESSFULLY COMPLETED PROJECTS OF THIS TYPE, SIZE AND NATURE MAY BE REQUESTED BY THE OWNER FOR FURTHER QUALIFICATION MEASURES. 3. THE LANDSCAPE CONTRACTOR SHALL HOLD A VALID NURSERY AND FLORAL CERTIFICATE ISSUED BY THE TEXAS DEPARTMENT OF AGRICULTURE, AS WELL AS OPERATE UNDER A COMMERCIAL PESTICIDE APPLICATOR LICENSE ISSUED BY EITHER THE TEXAS DEPARTMENT OF AGRICULTURE OR THE TEXAS STRUCTURAL PEST CONTROL BOARD. 3. THE LANDSCAPE CONTRACTOR SHALL HOLD A VALID CONTRACTOR'S LICENSE ISSUED BY THE APPROPRIATE LOCAL JURISDICTION. B. SCOPE OF WORK 1. WORK COVERED BY THESE SECTIONS INCLUDES THE FURNISHING AND PAYMENT OF ALL MATERIALS, LABOR, SERVICES, EQUIPMENT, LICENSES, TAXES AND ANY OTHER ITEMS THAT ARE NECESSARY FOR THE EXECUTION, INSTALLATION AND COMPLETION OF ALL WORK, SPECIFIED HEREIN AND / OR SHOWN ON THE LANDSCAPE PLANS, NOTES, AND DETAILS. 2. ALL WORK SHALL BE PERFORMED IN ACCORDANCE WITH ALL APPLICABLE LAWS, CODES AND REGULATIONS REQUIRED BY AUTHORITIES HAVING JURISDICTION OVER SUCH WORK, INCLUDING ALL INSPECTIONS AND PERMITS REQUIRED BY FEDERAL, STATE AND LOCAL AUTHORITIES IN SUPPLY, TRANSPORTATION AND INSTALLATION OF MATERIALS. 3. THE LANDSCAPE CONTRACTOR SHALL VERIFY THE LOCATION OF ALL UNDERGROUND UTILITY LINES (WATER, SEWER, ELECTRICAL, TELEPHONE, GAS, CABLE, TELEVISION, ETC.) PRIOR TO THE START OF ANY WORK. PRODUCTS A. ALL MANUFACTURED PRODUCTS SHALL BE NEW. B. CONTAINER AND BALLED-AND-BURLAPPED PLANTS: 1. FURNISH NURSERY-GROWN PLANTS COMPLYING WITH ANSI Z60.1-2014. PROVIDE WELL-SHAPED, FULLY BRANCHED, HEALTHY, VIGOROUS STOCK FREE OF DISEASE, INSECTS, EGGS, LARVAE, AND DEFECTS SUCH AS KNOTS, SUN SCALD, INJURIES, ABRASIONS, AND DISFIGUREMENT. ALL PLANTS WITHIN A SPECIES SHALL HAVE SIMILAR SIZE, AND SHALL BE OF A FORM TYPICAL FOR THE SPECIES. ALL TREES SHALL BE OBTAINED FROM SOURCES WITHIN 200 MILES OF THE PROJECT SITE, AND WITH SIMILAR CLIMACTIC CONDITIONS. 2. ROOT SYSTEMS SHALL BE HEALTHY, DENSELY BRANCHED ROOT SYSTEMS, NON-POT-BOUND, FREE FROM ENCIRCLING AND/OR GIRDLING ROOTS, AND FREE FROM ANY OTHER ROOT DEFECTS (SUCH AS J-SHAPED ROOTS). 3. TREES MAY BE PLANTED FROM CONTAINERS OR BALLED-AND-BURLAPPED (B&B), UNLESS SPECIFIED ON THE PLANTING LEGEND. BARE-ROOT TREES ARE NOT ACCEPTABLE. 4. ANY PLANT DEEMED UNACCEPTABLE BY THE LANDSCAPE ARCHITECT OR OWNER SHALL BE IMMEDIATELY REMOVED FROM THE SITE AND SHALL BE REPLACED WITH AN ACCEPTBLE PLANT OF LIKE TYPE AND SIZE AT THE CONTRACTOR'S OWN EXPENSE. ANY PLANTS APPEARING TO BE UNHEALTHY, EVEN IF DETERMINED TO STILL BE ALIVE, SHALL NOT BE ACCEPTED. THE LANDSCAPE ARCHITECT AND OWNER SHALL BE THE SOLE JUDGES AS TO THE ACCEPTABILITY OF PLANT MATERIAL. 5. ALL TREES SHALL BE STANDARD IN FORM, UNLESS OTHERWISE SPECIFIED. TREES WITH CENTRAL LEADERS WILL NOT BE ACCEPTED IF LEADER IS DAMAGED OR REMOVED. PRUNE ALL DAMAGED TWIGS AFTER PLANTING. 6. CALIPER MEASUREMENTS FOR STANDARD (SINGLE TRUNK) TREES SHALL BE AS FOLLOWS: SIX INCHES ABOVE THE ROOT FLARE FOR TREES UP TO AND INCLUDING FOUR INCHES IN CALIPER, AND TWELVE INCHES ABOVE THE ROOT FLARE FOR TREES EXCEEDING FOUR INCHES IN CALIPER. 7. MULTI-TRUNK TREES SHALL BE MEASURED BY THEIR OVERALL HEIGHT, MEASURED FROM THE TOP OF THE ROOT BALL. WHERE CALIPER MEASUREMENTS ARE USED, THE CALIPER SHALL BE CALCULATED AS ONE-HALF OF THE SUM OF THE CALIPER OF THE THREE LARGEST TRUNKS. 8. ANY TREE OR SHRUB SHOWN TO HAVE EXCESS SOIL PLACED ON TOP OF THE ROOT BALL, SO THAT THE ROOT FLARE HAS BEEN COMPLETELY COVERED, SHALL BE REJECTED. C. SOD: PROVIDE WELL-ROOTED SOD OF THE VARIETY NOTED ON THE PLANS. SOD SHALL BE CUT FROM HEALTHY, MATURE TURF WITH SOIL THICKNESS OF 3/4" TO 1". EACH PALLET OF SOD SHALL BE ACCOMPANIED BY A CERTIFICATE FROM SUPPLIER STATING THE COMPOSITION OF THE SOD. D. TOPSOIL: SANDY TO CLAY LOAM TOPSOIL, FREE OF STONES LARGER THAN ½ INCH, FOREIGN MATTER, PLANTS, ROOTS, AND SEEDS. E. COMPOST: WELL-COMPOSTED, STABLE, AND WEED-FREE ORGANIC MATTER, pH RANGE OF 5.5 TO 8; MOISTURE CONTENT 35 TO 55 PERCENT BY WEIGHT; 100 PERCENT PASSING THROUGH 3/4-INCH SIEVE; SOLUBLE SALT CONTENT OF 5 TO 10 DECISIEMENS/M; NOT EXCEEDING 0.5 PERCENT INERT CONTAMINANTS AND FREE OF SUBSTANCES TOXIC TO PLANTINGS. NO MANURE OR ANIMAL-BASED PRODUCTS SHALL BE USED. F. FERTILIZER: GRANULAR FERTILIZER CONSISTING OF NITROGEN, PHOSPHORUS, POTASSIUM, AND OTHER NUTRIENTS IN PROPORTIONS, AMOUNTS, AND RELEASE RATES RECOMMENDED IN A SOIL REPORT FROM A QUALIFIED SOIL-TESTING AGENCY (SEE BELOW). G. MULCH: SIZE AND TYPE AS INDICATED ON PLANS, FREE FROM DELETERIOUS MATERIALS AND SUITABLE AS A TOP DRESSING OF TREES AND SHRUBS. H. TREE STAKING AND GUYING 1. STAKES: 6' LONG GREEN METAL T-POSTS. 2. GUY AND TIE WIRE: ASTM A 641, CLASS 1, GALVANIZED-STEEL WIRE, 2-STRAND, TWISTED, 0.106 INCH DIAMETER. 3. STRAP CHAFING GUARD: REINFORCED NYLON OR CANVAS AT LEAST 1-1/2 INCH WIDE, WITH GROMMETS TO PROTECT TREE TRUNKS FROM DAMAGE. L. STEEL EDGING: PROFESSIONAL STEEL EDGING, 14 GAUGE THICK X 4 INCHES WIDE, FACTORY PAINTED DARK GREEN. ACCEPTABLE MANUFACTURERS INCLUDE COL-MET OR APPROVED EQUAL. M. PRE-EMERGENT HERBICIDES: ANY GRANULAR, NON-STAINING PRE-EMERGENT HERBICIDE THAT IS LABELED FOR THE SPECIFIC ORNAMENTALS OR TURF ON WHICH IT WILL BE UTILIZED. PRE-EMERGENT HERBICIDES SHALL BE APPLIED PER THE MANUFACTURER'S LABELED RATES. METHODS A. SOIL PREPARATION 1. BEFORE STARTING WORK, THE LANDSCAPE CONTRACTOR SHALL VERIFY THAT THE GRADE OF ALL LANDSCAPE AREAS ARE WITHIN +/-0.1' OF FINISH GRADE. THE CONTRACTOR SHALL NOTIFY THE OWNER IMMEDIATELY SHOULD ANY DISCREPANCIES EXIST. 2. SOIL TESTING: a. AFTER FINISH GRADES HAVE BEEN ESTABLISHED, CONTRACTOR SHALL HAVE SOIL SAMPLES FROM THE PROJECT'S LANDSCAPE AREAS TESTED BY AN ESTABLISHED SOIL TESTING LABORATORY. EACH SAMPLE SUBMITTED TO THE LAB SHALL CONTAIN NO LESS THAN ONE QUART OF SOIL, TAKEN FROM BETWEEN THE SOIL SURFACE AND 6" DEPTH. IF NO SAMPLE LOCATIONS ARE INDICATED ON THE PLANS, THE CONTRACTOR SHALL TAKE A MINIMUM OF THREE SAMPLES FROM VARIOUS REPRESENTATIVE LOCATIONS FOR TESTING. b. THE CONTRACTOR SHALL HAVE THE SOIL TESTING LABORATORY PROVIDE RESULTS FOR THE FOLLOWING: SOIL TEXTURAL CLASS, GENERAL SOIL FERTILITY, pH, ORGANIC MATTER CONTENT, SALT (CEC), LIME, SODIUM ADSORPTION RATIO (SAR) AND BORON CONTENT. c. THE CONTRACTOR SHALL ALSO SUBMIT THE PROJECT'S PLANT LIST TO THE LABORATORY ALONG WITH THE SOIL SAMPLES. d. THE SOIL REPORT PRODUCED BY THE LABORATORY SHALL CONTAIN RECOMMENDATIONS FOR THE FOLLOWING (AS APPROPRIATE): SEPARATE SOIL PREPARATION AND BACKFILL MIX RECOMMENDATIONS FOR GENERAL ORNAMENTAL PLANTS, XERIC PLANTS, TURF, AND NATIVE SEED, AS WELL AS PRE-PLANT FERTILIZER APPLICATIONS AND RECOMMENDATIONS FOR ANY OTHER SOIL RELATED ISSUES. THE REPORT SHALL ALSO PROVIDE A FERTILIZER PROGRAM FOR THE ESTABLISHMENT PERIOD AND FOR LONG-TERM MAINTENANCE. 3. THE CONTRACTOR SHALL INSTALL SOIL AMENDMENTS AND FERTILIZERS PER THE SOILS REPORT RECOMMENDATIONS. ANY CHANGE IN COST DUE TO THE SOIL REPORT RECOMMENDATIONS, EITHER INCREASE OR DECREASE, SHALL BE SUBMITTED TO THE OWNER WITH THE REPORT. 4.FOR BIDDING PURPOSES ONLY, THE SOIL PREPARATION SHALL CONSIST OF THE FOLLOWING: a. TURF: INCORPORATE THE FOLLOWING AMENDMENTS INTO THE TOP 8" OF SOIL BY MEANS OF ROTOTILLING AFTER CROSS-RIPPING: i. NITROGEN STABILIZED ORGANIC AMENDMENT - 4 CU. YDS. PER 1,000 S.F. ii. PREPLANT TURF FERTILIZER (10-20-10 OR SIMILAR, SLOW RELEASE, ORGANIC) - 15 LBS PER 1,000 S.F. iii. "CLAY BUSTER" OR EQUAL - USE MANUFACTURER'S RECOMMENDED RATE b. TREES, SHRUBS, AND PERENNIALS: INCORPORATE THE FOLLOWING AMENDMENTS INTO THE TOP 8" OF SOIL BY MEANS OF ROTOTILLING AFTER CROSS-RIPPING: i. NITROGEN STABILIZED ORGANIC AMENDMENT - 4 CU. YDS. PER 1,000 S.F. ii. 12-12-12 FERTILIZER (OR SIMILAR, ORGANIC, SLOW RELEASE) - 10 LBS. PER CU. YD. iii. "CLAY BUSTER" OR EQUAL - USE MANUFACTURER'S RECOMMENDED RATE iv. IRON SULPHATE - 2 LBS. PER CU. YD. 5. IN THE CONTEXT OF THESE PLANS, NOTES, AND SPECIFICATIONS, "FINISH GRADE" REFERS TO THE FINAL ELEVATION OF THE SOIL SURFACE (NOT TOP OF MULCH) AS INDICATED ON THE GRADING PLANS. a. BEFORE STARTING WORK, THE LANDSCAPE CONTRACTOR SHALL VERIFY THAT THE ROUGH GRADES OF ALL LANDSCAPE AREAS ARE WITHIN +/-0.1' OF FINISH GRADE. SEE SPECIFICATIONS FOR MORE DETAILED INSTRUCTION ON TURF AREA AND PLANTING BED PREPARATION. b. CONSTRUCT AND MAINTAIN FINISH GRADES AS SHOWN ON GRADING PLANS, AND CONSTRUCT AND MAINTAIN SLOPES AS RECOMMENDED BY THE GEOTECHNICAL REPORT. ALL LANDSCAPE AREAS SHALL HAVE POSITIVE DRAINAGE AWAY FROM STRUCTURES AT THE MINIMUM SLOPE SPECIFIED IN THE REPORT AND ON THE GRADING PLANS, AND AREAS OF POTENTIAL PONDING SHALL BE REGRADED TO BLEND IN WITH THE SURROUNDING GRADES AND ELIMINATE PONDING POTENTIAL. c. THE LANDSCAPE CONTRACTOR SHALL DETERMINE WHETHER OR NOT THE EXPORT OF ANY SOIL WILL BE NEEDED, TAKING INTO ACCOUNT THE ROUGH GRADE PROVIDED, THE AMOUNT OF SOIL AMENDMENTS TO BE ADDED (BASED ON A SOIL TEST, PER SPECIFICATIONS), AND THE FINISH GRADES TO BE ESTABLISHED. d. ENSURE THAT THE FINISH GRADE IN SHRUB AREAS IMMEDIATELY ADJACENT TO WALKS AND OTHER WALKING SURFACES, AFTER INSTALLING SOIL AMENDMENTS, IS 3" BELOW THE ADJACENT FINISH SURFACE, IN ORDER TO ALLOW FOR PROPER MULCH DEPTH. TAPER THE SOIL SURFACE TO MEET FINISH GRADE, AS SPECIFIED ON THE GRADING PLANS, AT APPROXIMATELY 18" AWAY FROM THE WALKS. e. ENSURE THAT THE FINISH GRADE IN TURF AREAS IMMEDIATELY ADJACENT TO WALKS AND OTHER WALKING SURFACES, AFTER INSTALLING SOIL AMENDMENTS, IS 1" BELOW THE FINISH SURFACE OF THE WALKS. TAPER THE SOIL SURFACE TO MEET FINISH GRADE, AS SPECIFIED ON THE GRADING PLANS, AT APPROXIMATELY 18" AWAY FROM THE WALKS. f. SHOULD ANY CONFLICTS AND/OR DISCREPANCIES ARISE BETWEEN THE GRADING PLANS, GEOTECHNICAL REPORT, THESE NOTES AND PLANS, AND ACTUAL CONDITIONS, THE CONTRACTOR SHALL IMMEDIATELY BRING SUCH ITEMS TO THE ATTENTION OF THE LANDSCAPE ARCHITECT, GENERAL CONTRACTOR, AND OWNER. 6. ONCE SOIL PREPARATION IS COMPLETE, THE LANDSCAPE CONTRACTOR SHALL ENSURE THAT THERE ARE NO DEBRIS, TRASH, OR STONES LARGER THAN 1" REMAINING IN THE TOP 6" OF SOIL. B. SUBMITTALS 1. THE CONTRACTOR SHALL PROVIDE SUBMITTALS AND SAMPLES, IF REQUIRED, TO THE LANDSCAPE ARCHITECT, AND RECEIVE APPROVAL IN WRITING FOR SUCH SUBMITTALS BEFORE WORK COMMENCES. 2. SUBMITTALS SHALL INCLUDE PHOTOS OF PLANTS WITH A RULER OR MEASURING STICK FOR SCALE, PHOTOS OR SAMPLES OF ANY REQUIRED MULCHES, AND SOIL TEST RESULTS AND PREPARATION RECOMMENDATIONS FROM THE TESTING LAB (INCLUDING COMPOST AND FERTILIZER RATES AND TYPES, AND OTHER AMENDMENTS FOR TREE/SHRUB, TURF, AND SEED AREAS AS MAY BE APPROPRIATE). 3. SUBMITTALS SHALL ALSO INCLUDE MANUFACTURER CUT SHEETS FOR PLANTING ACCESSORIES SUCH AS TREE STAKES AND TIES, EDGING, AND LANDSCAPE FABRICS (IF ANY). 4. WHERE MULTIPLE ITEMS ARE SHOWN ON A PAGE, THE CONTRACTOR SHALL CLEARLY INDICATE THE ITEM BEING CONSIDERED. C. GENERAL PLANTING 1. REMOVE ALL NURSERY TAGS AND STAKES FROM PLANTS. 2. EXCEPT IN AREAS TO BE PLANTED WITH ORNAMENTAL GRASSES, APPLY PRE-EMERGENT HERBICIDES AT THE MANUFACTURER'S RECOMMENDED RATE. 3. TRENCHING NEAR EXISTING TREES: a. CONTRACTOR SHALL NOT DISTURB ROOTS 1-1/2" AND LARGER IN DIAMETER WITHIN THE CRITICAL ROOT ZONE (CRZ) OF EXISTING TREES, AND SHALL EXERCISE ALL POSSIBLE CARE AND PRECAUTIONS TO AVOID INJURY TO TREE ROOTS, TRUNKS, AND BRANCHES. THE CRZ IS DEFINED AS A CIRCULAR AREA EXTENDING OUTWARD FROM THE TREE TRUNK, WITH A RADIUS EQUAL TO 1' FOR EVERY 1" OF TRUNK DIAMETER-AT-BREAST-HEIGHT (4.5' ABOVE THE AVERAGE GRADE AT THE TRUNK). b. ALL EXCAVATION WITHIN THE CRZ SHALL BE PERFORMED USING HAND TOOLS. NO MACHINE EXCAVATION OR TRENCHING OF ANY KIND SHALL BE ALLOWED WITHIN THE CRZ. c. ALTER ALIGNMENT OF PIPE TO AVOID TREE ROOTS 1-1/2" AND LARGER IN DIAMETER. WHERE TREE ROOTS 1-1/2" AND LARGER IN DIAMETER ARE ENCOUNTERED IN THE FIELD, TUNNEL UNDER SUCH ROOTS. WRAP EXPOSED ROOTS WITH SEVERAL LAYERS OF BURLAP AND KEEP MOIST. CLOSE ALL TRENCHES WITHIN THE CANOPY DRIP LINES WITHIN 24 HOURS. d. ALL SEVERED ROOTS SHALL BE HAND PRUNED WITH SHARP TOOLS AND ALLOWED TO AIR-DRY. DO NOT USE ANY SORT OF SEALERS OR WOUND PAINTS. D. TREE PLANTING 1. TREE PLANTING HOLES SHALL BE EXCAVATED TO MINIMUM WIDTH OF TWO TIMES THE WIDTH OF THE ROOTBALL, AND TO A DEPTH EQUAL TO THE DEPTH OF THE ROOTBALL LESS TWO TO FOUR INCHES. 2. SCARIFY THE SIDES AND BOTTOM OF THE PLANTING HOLE PRIOR TO THE PLACEMENT OF THE TREE. REMOVE ANY GLAZING THAT MAY HAVE BEEN CAUSED DURING THE EXCAVATION OF THE HOLE. 3. FOR CONTAINER AND BOX TREES, TO REMOVE ANY POTENTIALLY GIRDLING ROOTS AND OTHER ROOT DEFECTS, THE CONTRACTOR SHALL SHAVE A 1" LAYER OFF OF THE SIDES AND BOTTOM OF THE ROOTBALL OF ALL TREES JUST BEFORE PLACING INTO THE PLANTING PIT. DO NOT "TEASE" ROOTS OUT FROM THE ROOTBALL. 4. INSTALL THE TREE ON UNDISTURBED SUBGRADE SO THAT THE TOP OF THE ROOTBALL IS TWO TO FOUR INCHES ABOVE THE SURROUNDING GRADE. 5. BACKFILL THE TREE HOLE UTILIZING THE EXISTING TOPSOIL FROM ON-SITE. ROCKS LARGER THAN 1" DIA. AND ALL OTHER DEBRIS SHALL BE REMOVED FROM THE SOIL PRIOR TO THE BACKFILL. SHOULD ADDITIONAL SOIL BE REQUIRED TO ACCOMPLISH THIS TASK, USE STORED TOPSOIL FROM ON-SITE OR IMPORT ADDITIONAL TOPSOIL FROM OFF-SITE AT NO ADDITIONAL COST TO THE OWNER. IMPORTED TOPSOIL SHALL BE OF SIMILAR TEXTURAL CLASS AND COMPOSITION IN THE ON-SITE SOIL. 6. TREES SHALL NOT BE STAKED UNLESS LOCAL CONDITIONS (SUCH AS HEAVY WINDS OR SLOPES) REQUIRE STAKES TO KEEP TREES UPRIGHT. SHOULD STAKING BE REQUIRED, THE TOTAL NUMBER OF TREE STAKES (BEYOND THE MINIMUMS LISTED BELOW) WILL BE LEFT TO THE LANDSCAPE CONTRACTOR'S DISCRETION. SHOULD ANY TREES FALL OR LEAN, THE LANDSCAPE CONTRACTOR SHALL STRAIGHTEN THE TREE, OR REPLACE IT SHOULD IT BECOME DAMAGED. TREE STAKING SHALL ADHERE TO THE FOLLOWING GUIDELINES: a. 1"-2" TREES TWO STAKES PER TREE b. 2-1/2"-4" TREES THREE STAKES PER TREE c. TREES OVER 4" CALIPER GUY AS NEEDED d. MULTI-TRUNK TREES THREE STAKES PER TREE MINIMUM, QUANTITY AND POSITIONS AS NEEDED TO STABILIZE THE TREE e. #15 CONT. - 24" BOX TREES TWO STAKES PER TREE f. 36"-48" BOX TREES THREE STAKES PER TREE g. OVER 48" BOX TREES GUY AS NEEDED h. MULTI-TRUNK TREES THREE STAKES PER TREE MINIMUM, QUANTITY AND POSITIONS AS NEEDED TO STABILIZE THE TREE 7. UPON COMPLETION OF PLANTING, CONSTRUCT AN EARTH WATERING BASIN AROUND THE TREE. COVER THE INTERIOR OF THE TREE RING WITH THE WEED BARRIER CLOTH AND TOPDRESS WITH MULCH (TYPE AND DEPTH PER PLANS). E. SHRUB, PERENNIAL, AND GROUNDCOVER PLANTING 1. DIG THE PLANTING HOLES TWICE AS WIDE AND 2" LESS DEEP THAN EACH PLANT'S ROOTBALL. INSTALL THE PLANT IN THE HOLE. BACKFILL AROUND THE PLANT WITH SOIL AMENDED PER SOIL TEST RECOMMENDATIONS. 2. INSTALL THE WEED BARRIER CLOTH, OVERLAPPING IT AT THE ENDS. UTILIZE STEEL STAPLES TO KEEP THE WEED BARRIER CLOTH IN PLACE. 3. WHEN PLANTING IS COMPLETE, INSTALL MULCH (TYPE AND DEPTH PER PLANS) OVER ALL PLANTING BEDS, COVERING THE ENTIRE PLANTING AREA. F. SODDING 1. SOD VARIETY TO BE AS SPECIFIED ON THE LANDSCAPE PLAN. 2. LAY SOD WITHIN 24 HOURS FROM THE TIME OF STRIPPING. DO NOT LAY IF THE GROUND IS FROZEN. 3. LAY THE SOD TO FORM A SOLID MASS WITH TIGHTLY FITTED JOINTS. BUTT ENDS AND SIDES OF SOD STRIPS - DO NOT OVERLAP. STAGGER STRIPS TO OFFSET JOINTS IN ADJACENT COURSES. 4. ROLL THE SOD TO ENSURE GOOD CONTACT OF THE SOD'S ROOT SYSTEM WITH THE SOIL UNDERNEATH. 5. WATER THE SOD THOROUGHLY WITH A FINE SPRAY IMMEDIATELY AFTER PLANTING TO OBTAIN AT LEAST SIX INCHES OF PENETRATION INTO THE SOIL BELOW THE SOD. G. MULCH 1. INSTALL MULCH TOPDRESSING, TYPE AND DEPTH PER MULCH NOTE, IN ALL PLANTING AREAS AND TREE RINGS. 2. DO NOT INSTALL MULCH WITHIN 6" OF TREE ROOT FLARE AND WITHIN 24" OF HABITABLE STRUCTURES, EXCEPT AS MAY BE NOTED ON THESE PLANS. MULCH COVER WITHIN 6" OF CONCRETE WALKS AND CURBS SHALL NOT PROTRUDE ABOVE THE FINISH SURFACE OF THE WALKS AND CURBS. MULCH COVER WITHIN 12" OF WALLS SHALL BE AT LEAST 3" LOWER THAN THE TOP OF WALL. J. CLEAN UP 1. DURING LANDSCAPE PREPARATION AND PLANTING, KEEP ALL PAVEMENT CLEAN AND ALL WORK AREAS IN A NEAT, ORDERLY CONDITION. 2. DISPOSED LEGALLY OF ALL EXCAVATED MATERIALS OFF THE PROJECT SITE. K. INSPECTION AND ACCEPTANCE 1. UPON COMPLETION OF THE WORK, THE LANDSCAPE CONTRACTOR SHALL PROVIDE THE SITE CLEAN, FREE OF DEBRIS AND TRASH, AND SUITABLE FOR USE AS INTENDED. THE LANDSCAPE CONTRACTOR SHALL THEN REQUEST AN INSPECTION BY THE OWNER TO DETERMINE FINAL ACCEPTABILITY. 2. WHEN THE INSPECTED PLANTING WORK DOES NOT COMPLY WITH THE CONTRACT DOCUMENTS, THE LANDSCAPE CONTRACTOR SHALL REPLACE AND/OR REPAIR THE REJECTED WORK TO THE OWNER'S SATISFACTION WITHIN 24 HOURS. 3. THE LANDSCAPE MAINTENANCE PERIOD WILL NOT COMMENCE UNTIL THE LANDSCAPE WORK HAS BEEN RE-INSPECTED BY THE OWNER AND FOUND TO BE ACCEPTABLE. AT THAT TIME, A WRITTEN NOTICE OF FINAL ACCEPTANCE WILL BE ISSUED BY THE OWNER, AND THE MAINTENANCE AND GUARANTEE PERIODS WILL COMMENCE. L. LANDSCAPE MAINTENANCE 1. THE LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF ALL WORK SHOWN ON THESE PLANS FOR 90 DAYS BEYOND FINAL ACCEPTANCE OF ALL LANDSCAPE WORK BY THE OWNER. LANDSCAPE MAINTENANCE SHALL INCLUDE WEEKLY SITE VISITS FOR THE FOLLOWING ACTIONS (AS APPROPRIATE): PROPER PRUNING, RESTAKING OF TREES, RESETTING OF PLANTS THAT HAVE SETTLED, MOWING AND AERATION OF LAWNS, WEEDING, RESEEDING AREAS WHICH HAVE NOT GERMINATED WELL, TREATING FOR INSECTS AND DISEASES,REPLACEMENT OF MULCH, REMOVAL OF LITTER, REPAIRS TO THE IRRIGATION SYSTEM DUE TO FAULTY PARTS AND/OR WORKMANSHIP, AND THE APPROPRIATE WATERING OF ALL PLANTINGS. THE LANDSCAPE CONTRACTOR SHALL MAINTAIN THE IRRIGATION SYSTEM IN PROPER WORKING ORDER, WITH SCHEDULING ADJUSTMENTS BY SEASON TO MAXIMIZE WATER CONSERVATION. 2. SHOULD SEEDED AND/OR SODDED AREAS NOT BE COVERED BY AN AUTOMATIC IRRIGATION SYSTEM, THE LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR WATERING THESE AREAS AND OBTAINING A FULL, HEALTHY STAND OF PLANTS AT NO ADDITIONAL COST TO THE OWNER. 3.TO ACHIEVE FINAL ACCEPTANCE AT THE END OF THE MAINTENANCE PERIOD, ALL OF THE FOLLOWING CONDITIONS MUST OCCUR: a. THE LANDSCAPE SHALL SHOW ACTIVE, HEALTHY GROWTH (WITH EXCEPTIONS MADE FOR SEASONAL DORMANCY). ALL PLANTS NOT MEETING THIS CONDITION SHALL BE REJECTED AND REPLACED BY HEALTHY PLANT MATERIAL PRIOR TO FINAL ACCEPTANCE. b. ALL HARDSCAPE SHALL BE CLEANED PRIOR TO FINAL ACCEPTANCE. c. SODDED AREAS MUST BE ACTIVELY GROWING AND MUST REACH A MINIMUM HEIGHT OF 1 1/2 INCHES BEFORE FIRST MOWING. HYDROMULCHED AREAS SHALL SHOW ACTIVE, HEALTHY GROWTH. BARE AREAS LARGER THAN TWELVE SQUARE INCHES MUST BE RESODDED OR RESEEDED (AS APPROPRIATE) PRIOR TO FINAL ACCEPTANCE. ALL SODDED TURF SHALL BE NEATLY MOWED. M. WARRANTY PERIOD, PLANT GUARANTEE AND REPLACEMENTS 1. THE LANDSCAPE CONTRACTOR SHALL GUARANTEE ALL TREES, SHRUBS, PERENNIALS, SOD, AND IRRIGATION SYSTEMS FOR A PERIOD OF ONE YEAR FROM THE DATE OF THE OWNER'S FINAL ACCEPTANCE (90 DAYS FOR ANNUAL PLANTS). THE CONTRACTOR SHALL REPLACE, AT HIS OWN EXPENSE AND TO THE SATISFACTION OF THE OWNER, ANY PLANTS WHICH DIE IN THAT TIME, OR REPAIR ANY PORTIONS OF THE IRRIGATION SYSTEM WHICH OPERATE IMPROPERLY. 2. AFTER THE INITIAL MAINTENANCE PERIOD AND DURING THE GUARANTEE PERIOD, THE LANDSCAPE CONTRACTOR SHALL ONLY BE RESPONSIBLE FOR REPLACEMENT OF PLANTS WHEN PLANT DEATH CANNOT BE ATTRIBUTED DIRECTLY TO OVERWATERING OR OTHER DAMAGE BY HUMAN ACTIONS. N. PROVIDE A MINIMUM OF (2) COPIES OF RECORD DRAWINGS TO THE OWNER UPON COMPLETION OF WORK. A RECORD DRAWING IS A RECORD OF ALL CHANGES THAT OCCURRED IN THE FIELD AND THAT ARE DOCUMENTED THROUGH CHANGE ORDERS, ADDENDA, OR CONTRACTOR/CONSULTANT DRAWING MARKUPS. TYPICAL CURB AND GUTTER TYPICAL PLANTING AREA LINEAR ROOT BARRIER MATERIAL. SEE PLANTING NOTES FOR TYPE AND MANUFACTURER. INSTALL PER MANUFACTURER'S SPECIFICATIONS. TREE CANOPY TREE TRUNK TYPICAL WALKWAY OR PAVING1 2 3 4 5 6 1 4 2 3 5 65'5'5'5'OPEN LANDSCAPE TO 10' PARKWAY OR ISLAND NOTES: 1) INSTALL ROOT BARRIERS NEAR ALL NEWLY-PLANTED TREES THAT ARE LOCATED WITHIN FIVE (5) FEET OF PAVING OR CURBS. 2) BARRIERS SHALL BE LOCATED IMMEDIATELY ADJACENT TO HARDSCAPE. UNDER NO CIRCUMSTANCES SHALL THE CONTRACTOR USE ROOT BARRIERS OF A TYPE THAT COMPLETELY ENCIRCLE THE ROOTBALL. DATE: SHEET CASE NO. CHECKED: CBD DRAWN:CBD DESIGN:FRONTIER RETAIL CENTERBEING PART OF 70.91 ACRES OF LANDOUT OF COLLIN COUNTY SCHOOL LANDSURVEY, ABSTRACT NO. 147PROSPER, TEXASCBD 06/04/2023 BEARINGS SHOWN HEREON ARE TIED TO THE TEXAS COORDINATE SYSTEM OF 1983 (NAD83(2011) EPOCH2013) NORTH CENTRAL ZONE (4202) USING TOWN OF PROSPER GEODETIC CONTROL MONUMENTS 3 AND 5: GPS-3 GPS-5 N: 7141040.803 N: 7144654.054 E: 2480701.977 E: 2492631.252 ELEV: 615.09 ELEV: 704.95 TBM #1: "X" CUT IN INLET ON THE EAST SIDE OF DALLAS NORTH TOLLWAY NORTHBOUND SERVICE ROAD, APPROXIMATELY 146 FEET SOUTH OF FRONTIER PARKWAY CENTERLINE. N: 7146308.56 E: 2482444.24 ELEV: 619.13 2022-029 (800) 680-6630 15455 Dallas Pkwy., Ste 600 Addison, TX 75001 www.EvergreenDesignGroup.com EVERGREEN D E S I G N G R O U P 06/04/2023 C EXHIBIT CPage 259 Item 22. 30'-0"LANDSCAPEEASEMENT100'-0916"27'-1112"HEALIGHT SCREEENING HEADLIGHT SCREENINGHEADLIGHT SCREENING4 4 88 6 10 01 01 21 8 10 12 15 81 51 15 1512 1010 88 66 5 5 5 5 44 44 4 4 4 44 44 5 5 5 5 6 6 8 8 8 8 8 8 8 8 8 6 6 6 1010 1212 1551 1551 1221 1001 88 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.51.51.51.51.51.51.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.51.51.51.51.51.5 M BF FS 3 4" 3 4" 3 4"3 4" 3 4" 3 4" 3 4"3 4"3 4" 1" 1"3 4" 3 4" 3 4" 1"3 4" 3 4" 1"3 4" 1" 1" 3 4" 1" 1" 3 4" 1" 1" 3 4" 1" 1" 114" 3 4" 3 4" 1"114" 112" 1"3 4" 1" 3 4" 3 4" 1" 1"114" 1" 3 4" 3 4" 1" 3 4" 1" 3 4" 114" 3 4" 3 4" 1" 3 4" 1"114"114" 3 4" 3 4" 1" 3 4" 1" C RFS MV 1 7.091"1 2 4.591" 2 3 8112" 3 4 6.251" 4 5 61" 5 6 16.6112" 6 7 22.1112" 7 8 1.861" 8 9 21112" 9 10 4.651" 10 11 4.851" 11 12 8.291" 12 13 241" 13 14 4.121" 14 15 24.41"15 16 7.541" 16 17 18112" 17 18 19.2112" 18 19 15.71" 19 2" 112" 112"2" 112" 112" 114" 114" 3 4"4" 3 4"3 4" 4" 112" 4" 2"4" 1" 4" 4" 6" 2" 4" 4" 4" 1" 1" 1" 1" 1" 2" 112"3 4"1" 3 4" 114" SYMBOL MANUFACTURER/MODEL/DESCRIPTION Rain Bird RD-04-P30-F 5 Series MPR Turf Spray, 4in. Pop-Up, with 30 psi in-stem pressure regulation, and Flow-Shield Technology. 1/2in. NPT female threaded inlet. Rain Bird RD-04-P30-F 8 Series MPR Turf Spray, 4in. Pop-Up, with 30 psi in-stem pressure regulation, and Flow-Shield Technology. 1/2in. NPT female threaded inlet. Rain Bird RD-04-P30-F 10 Series MPR Turf Spray, 4in. Pop-Up, with 30 psi in-stem pressure regulation, and Flow-Shield Technology. 1/2in. NPT female threaded inlet. Rain Bird RD-04-P30-F 12 Series MPR Turf Spray, 4in. Pop-Up, with 30 psi in-stem pressure regulation, and Flow-Shield Technology. 1/2in. NPT female threaded inlet. Rain Bird RD-04-P30-F 15 Series MPR Turf Spray, 4in. Pop-Up, with 30 psi in-stem pressure regulation, and Flow-Shield Technology. 1/2in. NPT female threaded inlet. Rain Bird RD-04-P30-F ADJ Turf Spray, 4in. Pop-Up, with 30 psi in-stem pressure regulation, and Flow-Shield Technology. 1/2in. NPT female threaded inlet. Rain Bird 1804-5 Series Stream Stream Bubbler 4.0in. popup. SYMBOL MANUFACTURER/MODEL/DESCRIPTION Rain Bird 5004-PC-LA 1.5 Turf Rotor, 4.0in. Pop-Up, Plastic Riser. Adjustable to Full Circle. Low Angle Nozzle. SYMBOL MANUFACTURER/MODEL/DESCRIPTION Rain Bird XCZ-100-IVMQ 1" Wide Flow IVM Drip Control Kit for Commercial Applications. 1in. Ball Valve with 1in. PESBIVM Smart Valve w/ factory installed IVM-SOL 0.3-20 gpm and 1in. Pressure Regulating 40psi Quick-Check Basket Filter 0.3-20 gpm Area to Receive Dripline Rain Bird XFCV-06-18 XFCV On-Surface Landscape Dripline with a Heavy-Duty 3.5 psi Check Valve. 0.6 GPH emitters at 18" O.C. Dripline laterals spaced at 18" apart, with emitters offset for triangular pattern. Great for elevation change. Specify XF insert fittings. Area to Receive Dripline Rain Bird XFS-CV-06-12 XFS-CV Sub-Surface and On-Surface Landscape Dripline with a Heavy-Duty 4.3 psi Check Valve. 0.6 GPH emitters at 12" O.C. Dripline laterals spaced at 12" apart, with emitters offset for triangular pattern. Specify XF insert fittings. SYMBOL MANUFACTURER/MODEL/DESCRIPTION Rain Bird PGA Globe 1" 1in., 1-1/2in., 2in. Electric Remote Control Valve, Globe. Rain Bird PGA Globe 1-1/2" 1in., 1-1/2in., 2in. Electric Remote Control Valve, Globe. Shut Off Valve Rain Bird 300-BPES Globe 3" 3in. Brass Master Valve, with Globe Configuration. With a Patented Nylon Scrubber that Scrapes a Stainless Steel Screen to Prevent Debris Build-Up and Clogging. Febco 825YA 2" Reduced Pressure Backflow Preventer Rain Bird ESPLXME2P w/ (1) ESPLXMSM12 24 Station, Traditionally-Wired , PRO Smart, Commercial Controller. (1) ESPLXME2P 12-Station, PRO Smart, (Module Included) Indoor/Outdoor, Plastic Wall-Mount Enclosure w/ (1) ESPLXMSM12 - 12-Station Expansion Modules. Rain Bird WR2-RFC Wireless Rain and Freeze Sensor Combo, includes 1 receiver and 1 rain/freeze sensor transmitter. Rain Bird FS-100-B 1in. Flow Sensor, Brass Model. Suggested Operating Range 2.0 GPM to 40.0 GPM. Size for Flow Not According to Pipe Size. Rain Bird Compatible Controllers: ESP-LXIVM(P) | LXD | LXME2(P) | ME3, or Controllers Accepting Custom K-Factor and Offset. Install in Rain Bird Valve Box. Water Meter 2" Irrigation Lateral Line: PVC Class 200 SDR 21 3 4" - 1-1/2" Irrigation Mainline: PVC Schedule 40 - SEE PLANS FOR SIZE Pipe Sleeve: PVC Schedule 40 - SEE PLAN FOR SIZE Q H F 5 5 5 FHTQ 8 8 8 8 Q T H F 10 10 10 10 Q TQ FHT 12 12 12 12 12 Q TQ FHT 15 15 15 15 15 10468 12 15 18 4 6 8 01 21 51 81 CST Q H F 1.5 MV BF C RFS FS M Valve Number Valve Flow Valve Size Valve Callout # ##" IRRIGATION SCHEDULE Generated:2023-07-17 00:35 P.O.C. NUMBER: 01 Water Source Information: FLOW AVAILABLE Water Meter Size:2" Flow Available 120 GPM PRESSURE AVAILABLE Static Pressure at POC:65 PSI Elevation Change:3.00 ft Service Line Size:3" Length of Service Line:5 ft Pressure Available:63 PSI DESIGN ANALYSIS Maximum Station Flow:24.35 GPM Flow Available at POC:120 GPM Residual Flow Available:95.65 GPM Critical Station:7 Design Pressure:35 PSI Friction Loss:2.33 PSI Fittings Loss:0.23 PSI Elevation Loss:0 PSI Loss through Valve:1.9 PSI Pressure Req. at Critical Station:39.5 PSI Loss for Fittings:0.19 PSI Loss for Main Line:1.85 PSI Loss for POC to Valve Elevation:0 PSI Loss for Backflow:12.3 PSI Loss for Master Valve:6.6 PSI Loss for Water Meter:0.48 PSI Critical Station Pressure at POC:60.8 PSI Pressure Available:63 PSI Residual Pressure Available:2.15 PSI CRITICAL ANALYSIS IRRIGATION DISCLAIMER THIS DESIGN IS DIAGRAMMATIC. ALL PIPING, VALVES, AND OTHER EQUIPMENT SHOWN WITHIN PAVED AREAS OR OUT OF PROPERTY BOUNDARIES ARE FOR DESIGN CLARIFICATION ONLY, AND SHALL BE INSTALLED IN PLANTING AREAS WITHIN THE PROPERTY LINES OR LIMITS INDICATED ON PLAN. THE IRRIGATION CONTRACTOR SHALL VERIFY THE LOCATIONS OF ALL ABOVE-GRADE IRRIGATION EQUIPMENT WITH THE OWNER'S AUTHORIZED REPRESENTATIVE PRIOR TO INSTALLATION, OR IRRIGATION CONTRACTOR MAY BE REQURED TO MOVE SUCH ITEMS AT HIS OWN COST. IRRIGATION CONTRACTOR IS RESPONSIBLE FOR VERIFYING ALL FINAL QUANTITIES PER DRAWINGS AND SPECIFICATIONS. ANY QUANTITIES PROVIDED ARE PROVIDED AS A CONVENIENCE TO THE CONTRACTOR ONLY AND SHALL NOT BE CONSIDERED ABSOLUTE. POINT OF CONNECTION CONNECT MAINLINE DOWNSTREAM OF 2" WATER METER (BY OTHERS). VERIFY LOCATION IN FIELD. CONTROLLER NOTE LOCATE CONTROLLER AT LOCATION SHOWN ON PLAN. VERIFY LOCATION IN FIELD WITH OWNER'S REPRESENTATIVE. 120 VAC POWER TO CONTROLLER LOCATION IS NOT WITHIN THE IRRIGATION CONTRACTOR'S SCOPE OF WORK, AND SHALL BE PROVIDED BY OTHERS. HOOK-UP OF CONTROLLER TO 120 VAC SHALL BE PERFORMED BY THE IRRIGATION CONTRACTOR. IRRIGATION CONTRACTOR SHALL COORDINATE LOCATION OF WIRE SLEEVE PENETRATIONS THROUGH BUILDING WITH OWNER AND GENERAL CONTRACTOR. STATION RUN ORDER SHALL MATCH PLANS. IN ADDITION TO PROVIDING SLEEVES FOR ALL PIPING UNDER ROADWAYS AND WALKWAYS, THE IRRIGATION CONTRACTOR SHALL PROVIDE AND INSTALL SCH. 40 PVC SLEEVES FOR ALL CONTROLLER WIRES OCCURRING UNDER ALL ROADWAYS AND WALKWAYS. SLEEVES FOR CONTROLLER WIRES SHALL BE 2" DIA. AND CONTAIN NO MORE THAN 25 WIRES. SLEEVING / WIRING NOTES: STUB-OUTS FOR TEMPORARY IRRIGATION SHALL CONSIST OF THE FOLLOWING: 1)BALL VALVE IN 6" ROUND VALVE BOX 2)TWO CONTROL WIRES AND TWO COMMON WIRES RUN FROM CONTROLLER, TERMINATING IN A 36" LENGTH OF EACH WIRE COILED IN A SEPARATE 6" ROUND VALVE BOX ADJACENT TO BALL VALVE BOX CONTRACTOR SHALL PROVIDE TEMPORARY IRRIGATION FOR TREES AND SEEDED AREAS, WHICH SHALL REMAIN ACTIVE AND IN PLACE THROUGH AT LEAST ONE FULL GROWING SEASON. STUB-OUTS FOR TEMPORARY IRRIGATION DATE: SHEET CASE NO. CHECKED: CBD DRAWN:CBD DESIGN:FRONTIER RETAIL CENTERBEING PART OF 70.91 ACRES OF LANDOUT OF COLLIN COUNTY SCHOOL LANDSURVEY, ABSTRACT NO. 147PROSPER, TEXASCBD 06/04/2023 BEARINGS SHOWN HEREON ARE TIED TO THE TEXAS COORDINATE SYSTEM OF 1983 (NAD83(2011) EPOCH2013) NORTH CENTRAL ZONE (4202) USING TOWN OF PROSPER GEODETIC CONTROL MONUMENTS 3 AND 5: GPS-3 GPS-5 N: 7141040.803 N: 7144654.054 E: 2480701.977 E: 2492631.252 ELEV: 615.09 ELEV: 704.95 TBM #1: "X" CUT IN INLET ON THE EAST SIDE OF DALLAS NORTH TOLLWAY NORTHBOUND SERVICE ROAD, APPROXIMATELY 146 FEET SOUTH OF FRONTIER PARKWAY CENTERLINE. N: 7146308.56 E: 2482444.24 ELEV: 619.13 2022-029 (800) 680-6630 15455 Dallas Pkwy., Ste 600 Addison, TX 75001 www.EvergreenDesignGroup.com EVERGREEN D E S I G N G R O U P SAX ETFOETATS 17628 I R R IG ATORLI CEN SED CHRISTOPHER B. DAVIS 07/17/2023 LI-1 Scale 1" = 20' 10'40'20'0' Page 260 Item 22. SAX ETFOETATS 17628 I R R IG ATORLI CEN SED CHRISTOPHER B. DAVIS IRRIGATION SPECIFICATIONS 3 4 6 7 8 5 9 10 11 13141516MAINLINE DEPTH12" MIN.12 1 2 REMOTE CONTROL VALVE SCALE: NTSE 1 2 4 5 3 6 7 9 8 10 11 12 13 14 15 16 1 2 3 5 64 11 9 8 1012 7 15 14 13 16 DRIP CONTROL ZONE KIT SCALE: NTSDMAINLINE DEPTH12" MIN.30-INCH LINEAR LENGTH OF WIRE, COILED WATERPROOF CONNECTION (ANY APPROVED) REMOTE CONTROL VALVE ASSEMBLY JUMBO PLASTIC VALVE BOX BY CARSON (OR EQUAL) TOP OF MULCH FINISHED GRADE-1" BELOW TOP OF BOX IN TURF AREAS, 2" IN SHRUB AREAS PVC UNION (2) PVC SCH 40 MALE ADAPTER (2) PVC LATERAL PIPE BRICK (1 OF 4) 3-INCH MINIMUM DEPTH OF 3/4-INCH WASHED GRAVEL PVC MAINLINE PIPE PVC SCH 80 NIPPLE (LENGTH AS REQUIRED) SCH. 40 PVC ELL SCH. 40 PVC TEE OR ELL SCH. 40 PVC THREADED ELL 8" MIN. 6" MIN. TO POINT OF CONNECTION - ADAPT AS NECESSARY. ALL WORK SHALL CONFORM TO ALL APPLICABLE CODES BRASS WYE STRAINER W/60 MESH SCREEN ENCLOSURE PER IRRIGATION LEGEND BACKFLOW PREVENTER UNIT BRASS UNION (TYPICAL) BRASS NIPPLES (TYPICAL) 4" CONCRETE PAD, SLOPE TO DRAIN AWAY FROM BACKFLOW PREVENTER FINISH GRADE, 2" BELOW PAD BRASS COUPLING PVC ADAPTER AND MAINLINE PIPE 12"X12"X24" THRUST BLOCK 1 2 3 4 5 6 7 8 9 10 11 2 3 4 5 6 7 8 9 10 11 1 BACKFLOW PREVENTER SCALE: NTSC12" MIN, 30" MAX(REFER TO LOCAL CODES)2 1 1 2 PARAPET OR EAVE AUTOMATIC RAIN SENSOR - INSTALL PER MANUFACTURER'S INSTRUCTIONS RAIN SENSOR, ROOF MOUNT SCALE: NTSB SCALE: NTSA GENERAL A.QUALIFICATIONS OF IRRIGATION CONTRACTOR 1.ALL WORK SHOWN ON THESE PLANS SHALL BE PERFORMED BY A SINGLE IRRIGATION CONTRACTING FIRM SPECIALIZING IN IRRIGATION SYSTEMS. SEE THE IRRIGATION PLAN FOR SPECIFIC EQUIPMENT AND SYSTEM LAYOUT. 2.THE IRRIGATION CONTRACTOR MUST HAVE ON ITS STAFF A TEXAS LICENSED IRRIGATOR, AS REGULATED BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY. A LICENSED IRRIGATOR OR LICENSED IRRIGATION INSTALLER SHALL BE PRESENT AT THE PROJECT SITE AT ALL TIMES AS WORK IS IN PROGRESS. THE OWNER MAY DEMAND THAT WORK STOP UNTIL THE CONTRACTOR PROVIDES FOR A LICENSED IRRIGATOR OR LICENSED IRRIGATION INSTALLER TO BE PRESENT AT THE PROJECT SITE AND SUPERVISING ALL IRRIGATION WORK. 3.A LIST OF SUCCESSFULLY COMPLETED PROJECTS OF THIS TYPE, SIZE AND NATURE MAY BE REQUESTED BY THE OWNER FOR FURTHER QUALIFICATION MEASURES. B.SCOPE OF WORK 1.WORK COVERED BY THESE SECTIONS INCLUDES THE FURNISHING AND PAYMENT OF ALL MATERIALS, LABOR, SERVICES, EQUIPMENT, LICENSES, TAXES, FEES, AND ANY OTHER ITEMS THAT ARE NECESSARY FOR THE EXECUTION, INSTALLATION AND COMPLETION OF ALL WORK, SPECIFIED HEREIN AND/OR SHOWN ON THE IRRIGATION PLANS, NOTES, AND DETAILS. 2.ALL WORK SHALL BE PERFORMED IN ACCORDANCE WITH ALL APPLICABLE LAWS, CODES AND REGULATIONS REQUIRED BY AUTHORITIES HAVING JURISDICTION OVER SUCH WORK, INCLUDING ALL INSPECTIONS AND PERMITS REQUIRED BY FEDERAL, STATE AND LOCAL AUTHORITIES IN SUPPLY, TRANSPORTATION AND INSTALLATION OF MATERIALS. IN CASE OF CONFLICT BETWEEN THESE PLANS AND LOCAL AND/OR STATE CODES, CODES SHALL PREVAIL. 3.THE INTENT OF THE IRRIGATION SYSTEM IS TO PROVIDE 100% COVERAGE OF ALL LANDSCAPE AREAS. THE IRRIGATION PLAN IS GENERALLY DIAGRAMMATIC; COORDINATE IRRIGATION INSTALLATION WITH UTILITY INSTALLATIONS. ACTUAL LOCATION OF CONTROLLER, BACKFLOW DEVICE, PIPING, VALVES, SPRAY HEADS, DRIP IRRIGATION, AND RELATED EQUIPMENT MAY NEED TO BE ADJUSTED BASED ON ACTUAL SITE CONDITIONS. 4.FOR CLARITY PURPOSES, SOME IRRIGATION LINES AND EQUIPMENT ARE SHOWN IN HARDSCAPE AREAS WITHOUT ACCESS SLEEVES; THESE LINES SHALL BE INSTALLED IN A COMMON TRENCH OR AT THE BACK OF CURB IN LANDSCAPE AREAS. MINOR FIELD ADJUSTMENTS SHALL BE MADE AT NO ADDITIONAL COST TO THE OWNER. PRODUCTS A.ALL MATERIALS SHALL BE NEW AND WITHOUT FLAWS OR DEFECTS OF ANY TYPE AND SHALL BE THE BEST OF THEIR CLASS AND KIND. ALL MATERIALS SHALL HAVE A MINIMUM GUARANTEE OF ONE YEAR AGAINST MATERIAL DEFECTS OR DEFECTIVE WORKMANSHIP. ALL MATERIALS SHALL BE OF THE BRANDS AND TYPES NOTED ON THE DRAWINGS OR AS SPECIFIED HEREIN, OR APPROVED EQUAL. THE CONTRACTOR MUST FIRST OBTAIN APPROVAL FROM THE IRRIGATION DESIGNER FOR AN 'APPROVED EQUAL' BEFORE INSTALLING SUCH MATERIALS IN THE FIELD, OR THE CONTRACTOR MAY BE REQUIRED TO REPLACE SUCH MATERIALS AT HIS OWN COST. B.BACKFLOW PREVENTION DEVICES SHALL BE OF THE SIZE AND TYPE INDICATED ON THE DRAWINGS. INSTALL BACKFLOW PREVENTION UNITS IN ACCORDANCE WITH IRRIGATION CONSTRUCTION DETAILS AND ALL APPLICABLE STATE AND LOCAL CODES AND ORDINANCES. C.PIPING 1.PRESSURE SUPPLY LINES, DOWNSTREAM OF THE POINT-OF-CONNECTION: a.SCHEDULE 40 PVC FOR ALL PIPE 1-1/2" OR LESS b.CLASS 315 PVC FOR ALL PIPE 2" TO 2-1/2" c.CLASS 200 PVC, GASKETED, FOR ALL PIPE 3" AND LARGER 2.SLEEVING AND NON-PRESSURE LATERAL LINES (DOWNSTREAM FROM VALVES): SCHEDULE 40 PVC 3.FITTINGS: SCH. 40 PVC, EXCEPT AS NOTED OTHERWISE. D.VALVES AND DRIP VALVE ASSEMBLIES: TYPE AND SIZE AS NOTED ON PLANS. EACH VALVE SHALL BEAR A PRE-MANUFACTURED, NUMBERED WATERPROOF TAG BEARING A NUMBER CORRESPONDING TO ITS VALVE SEQUENCE OF OPERATION ON THE CONTROLLER. THE OPERATION SEQUENCE SHALL MATCH THAT AS SHOWN ON THE PLANS. E.QUICK COUPLERS, BALL VALVES, AND GATE VALVES: TYPE AND SIZE PER PLANS. F.VALVE BOXES: TYPE AND SIZE AS NOTED ON DETAILS. ALL VALVES BOXES SHALL BE LOCKING BOLT-DOWN TYPE, FURNISHED WITH LIDS AND BOLTS. BOXES SHALL BE OF A SIZE TO CONTAIN THE ENTIRE VALVE AND/OR VALVE ASSEMBLY. THE VALVE BOX LID SHALL HAVE THE VALVE STATION NUMBER HEAT-BRANDED INTO THE LID WITH 2" HIGH LETTERS. G.FIXED SPRAY HEADS AND ROTORS: PLASTIC BODY POP-UP, WITH A REMOVABLE PLASTIC SPRAY NOZZLE. EXACT TYPE, MODEL, AND NOZZLE SHALL BE AS INDICATED ON PLANS. H.INTEGRAL EMITTER DRIP TUBING: TUBING MODEL AND FLOW RATE AS NOTED ON PLANS, WITH INTEGRAL EMITTERS WELDED TO THE INSIDE WALL OF THE TUBING AS AN INTEGRAL PART OF THE TUBING ASSEMBLY. I.AUTOMATIC CONTROLLER: TYPE AND MODEL PER PLANS. PROVIDE VANDAL-PROOF ENCLOSURE FOR ALL EXTERIOR INSTALLATIONS. PROVIDE LINE-VOLTAGE DISCONNECT SWITCH WITH GROUND FAULT PROTECTION. J.24 VOLT VALVE WIRE SHALL BE A MINIMUM OF #14 GAUGE, U.F. APPROVED FOR DIRECT BURIAL, SINGLE CONDUCTOR IRRIGATION WIRE. EACH CONTROLLER SHALL HAVE A DIFFERENT COLOR STATION AND COMMON WIRE. 1.STATION WIRE - RED 2.COMMON WIRE - WHITE 3.EXTRA COMMON WIRES - BLUE K.WIRE SPLICES SHALL BE ENCASED IN A WATERPROOF COMPOUND OR GEL. ALL FIELD SPLICES SHALL BE LOCATED IN A 6 INCH ROUND VALVE BOX. L.RAIN SENSOR: TYPE AND MODEL PER PLANS. METHODS A.THIS DESIGN IS DIAGRAMMATIC. ALL PIPING, VALVES, AND OTHER EQUIPMENT SHOWN WITHIN PAVED AREAS OR OUT OF PROPERTY BOUNDARIES ARE FOR DESIGN CLARIFICATION ONLY, AND SHALL BE INSTALLED IN PLANTING AREAS WITHIN THE PROPERTY LINES OR LIMITS INDICATED ON PLAN. THE IRRIGATION CONTRACTOR SHALL VERIFY THE LOCATIONS OF ALL ABOVE-GRADE IRRIGATION EQUIPMENT WITH THE OWNER'S AUTHORIZED REPRESENTATIVE PRIOR TO INSTALLATION, OR IRRIGATION CONTRACTOR MAY BE REQURED TO MOVE SUCH ITEMS AT HIS OWN COST. ENSURE FIELD COORDINATION IS MADE EARLY ON IN THE CONSTRUCTION PHASE SO PLACEMENT LOCATION IS CORRECT. B.THE IRRIGATION CONTRACTOR SHALL MEET WITH THE OWNER'S REPRESENTATIVE PRIOR TO COMMENCEMENT OF WORK, AND SHALL OBTAIN ALL ENGINEERING, LANDSCAPE, AND OTHER APPLICABLE PLANS & DOCUMENTS. THE CONTRACTOR SHALL THOROUGHLY REVIEW THE PLANS AND REPORT ANY CONFLICTS OR DISCREPANCIES TO THE LANDSCAPE ARCHITECT AND OWNER'S REPRESENTATIVE IMMEDIATELY. C.THE IRRIGATION CONTRACTOR SHALL NOT WILFULLY INSTALL THE IRRIGATION SYSTEM AS SHOWN ON THE DRAWINGS WHEN IT IS OBVIOUS IN THE FIELD THAT UNKNOWN OBSTRUCTIONS, GRADES OR DIMENSIONS EXIST THAT MIGHT NOT HAVE BEEN CONSIDERED IN THE ENGINEEERING. SUCH OBSTRUCTIONS OR DIFFERENCES SHALL BE BROUGHT TO THE ATTENTION OF THE IRRIGATION DESIGNER. IN THE EVENT THAT THIS NOTIFICATION IS NOT PERFORMED, THE IRRIGATION CONTRACTOR SHALL ASSUME FULL RESPONSIBILITY FOR ANY REVISIONS AND NECESSARY COSTS. D.SEE UTILITY PLANS FOR IRRIGATION POINTS OF CONNECTION (TAP) AND DOMESTIC WATER SUPPLY. E.THE IRRIGATION CONTRACTOR SHALL PAY ANY AND ALL FEES AND PERMITS ASSOCIATED WITH THE INSTALLATION OF THE IRRIGATION SYSTEM. F.AT LEAST SEVEN DAYS BEFORE BEGINNING WORK, CONFIRM THE STATIC WATER PRESSURE IS AT LEAST 65 PSI AND LESS THAN 70 PSI. IF STATIC WATER PRESSURE IS OUTSIDE OF THE STATED RANGE, DO NOT PROCEED WITHOUT FIRST NOTIFYING THE IRRIGATION DESIGNER AND OWNER IN WRITING, AND OBTAINING SUBSEQUENT DIRECTION FOR CORRECTIONAL MEASURES. SHOULD THE IRRIGATION CONTRACTOR CHOOSE TO BEGIN THE INSTALLATION WITHOUT SUCH NOTIFICATION, THE IRRIGATION CONTRACTOR WILL ASSUME THE RESPONSIBILITY FOR ALL COSTS INCURRED TO ENSURE THE SYSTEM IS WORKING PROPERLY. NO CHANGE ORDERS WILL BE AUTHORIZED IN SUCH CIRCUMSTANCES. G.THE IRRIGATION CONTRACTOR SHALL VERIFY THE LOCATION OF ALL UNDERGROUND UTILITY LINES (WATER, SEWER, ELECTRICAL, TELEPHONE, GAS, CABLE, TELEVISION, ETC.) PRIOR TO THE START OF ANY WORK. THE CONTRACTOR SHALL BE FAMILIAR WITH ALL GRADE DIFFERENCES, LOCATIONS OF WALLS, STRUCTURES AND UTILITIES. H.COORDINATE WITH THE OWNER THE PROPOSED LOCATIONS OF THE AUTOMATIC CONTROLLER AND ANY REQUIRED SLEEVES THROUGH THE BUILDING FOR CONTROL WIRES. I.TRENCHING NEAR EXISTING TREES: 1.CONTRACTOR SHALL NOT DISTURB ROOTS 1-1/2" AND LARGER IN DIAMETER WITHIN THE CRITICAL ROOT ZONE (CRZ) OF EXISTING TREES, AND SHALL EXERCISE ALL POSSIBLE CARE AND PRECAUTIONS TO AVOID INJURY TO TREE ROOTS, TRUNKS, AND BRANCHES. THE CRZ IS DEFINED AS A CIRCULAR AREA EXTENDING OUTWARD FROM THE TREE TRUNK, WITH A RADIUS EQUAL TO 1' FOR EVERY 1" OF TRUNK DIAMETER-AT-BREAST-HEIGHT (4.5' ABOVE THE AVERAGE GRADE AT THE TRUNK). 2.ALL EXCAVATION WITHIN THE CRZ SHALL BE PERFORMED USING HAND TOOLS. NO MACHINE EXCAVATION OR TRENCHING OF ANY KIND SHALL BE ALLOWED WITHIN THE CRZ. 3.ALTER ALIGNMENT OF PIPE TO AVOID TREE ROOTS 1-1/2" AND LARGER IN DIAMETER. WHERE TREE ROOTS 1-1/2" AND LARGER IN DIAMETER ARE ENCOUNTERED IN THE FIELD, TUNNEL UNDER SUCH ROOTS. WRAP EXPOSED ROOTS WITH SEVERAL LAYERS OF BURLAP AND KEEP MOIST. CLOSE ALL TRENCHES WITHIN THE CANOPY DRIP LINES WITHIN 24 HOURS. 4.ALL SEVERED ROOTS SHALL BE HAND PRUNED WITH SHARP TOOLS AND ALLOWED TO AIR-DRY. DO NOT USE ANY SORT OF SEALERS OR WOUND PAINTS. J.BACKFILL 1.ALL BACKFILL MATERIAL SHALL BE SUBJECT TO APPROVAL BY THE OWNER. BACKFILL MATERIAL SHALL BE FREE FROM RUBBISH, ROCK LARGER THAN 1", LARGE STONES, BRUSH, SOD, FROZEN MATERIAL OR OTHER UNSUITABLE SUBSTANCES THAT MAY DAMAGE PIPE DURING THE BACKFILLING OPERATIONS. SEPARATE OUT ROCKS LARGER THAN 1 INCH IN ANY DIRECTION FROM EXCAVATED MATERIAL, AND REMOVE FROM AREAS TO RECEIVE LANDSCAPING. COVER FOR BOTH TOP AND SIDES OF PIPE SHALL BE A MINIMUM OF 2 INCHES OF ROCK-FREE SOIL, SAND, OR OTHER APPROVED MATERIAL. 2.IN THE EVENT THAT THE MATERIAL FROM THE EXCAVATION OR TRENCHING IS FOUND TO BE UNSUITABLE FOR USE IN BACKFILL, IT SHALL BE REMOVED FROM THE SITE AND PROPERLY AND LEGALLY DISPOSED OF BY THE CONTRACTOR AT THE CONTRACTOR'S EXPENSE. THE CONTRACTOR SHALL THEN PURCHASE AND AND FURNISH SUITABLE BACKFILL MATERIAL CONSISTING OF EARTH, LOAM, SANDY CLAY, SAND OR OTHER APPROVED MATERIALS FREE OF DEBRIS. K.BACKFLOW PREVENTER INSTALLATION: CONTRACTOR SHALL MAKE CONNECTIONS TO EXISTING WATER SOURCES AT LOCATION SHOWN ON PLANS AND AS APPROVED BY THE OWNER, AND SHALL MAKE ANY MINOR CHANGES IN LOCATION AS MAY BE NECESSARY DUE TO ACTUAL SITE CONDITIONS. BACKFLOW PREVENTER HEIGHT SHALL BE AS PER LOCAL CODES AND IRRIGATION DETAILS. INSTALL A BRASS BALL VALVE IMMEDIATELY UPSTREAM OF THE BACKFLOW DEVICE TO SERVE AS AN ISOLATION VALVE. TO EVERY EXTENT POSSIBLE, INSTALL BACKFLOW PREVENTER ION A LOCATION SCREENED FROM PUBLIC VIEW (SUCH AS BEHIND A SHRUB ROW). L.PIPING: 1.PIPE SIZE SHALL CONFORM TO THOSE SHOWN ON THE DRAWINGS. NO SUBSTITUTIONS OF SMALLER PIPE SIZES SHALL BE PERMITTED, BUT SUBSTITUTIONS FOR LARGER SIZES MAY BE APPROVED. 2.MAINLINE PIPE AND WIRES SHALL BE INSTALLED WITH A MINIMUM COVER OF 18 INCHES. LATERAL PIPE SHALL BE INSTALLED WITH A MINIMUM COVER OF 12 INCHES. 3.ASSEMBLE ALL THREADED FITTINGS WITH TEFLON TAPE, WHICH SHALL BE APPLIED TO MALE THREADS ONLY. 4.ALL SOLVENT-WELD CONNECTIONS SHALL BE MADE WITH APPROVED SOLVENT-WELD PRIMER AND GLUE. 5.PIPE SHALL BE INSTALLED WITH A MINIMUM OF 4" HORIZONTAL CLEARANCE FROM ANY OTHER PIPE AND 2" VERTICAL CLEARANCE FROM ANY PIPES THAT CROSS OVER OR UNDER. M.VALVES 1.VALVES SHALL BE INSTALLED PER MANUFACTURER'S DIRECTIONS AND THE IRRIGATION DETAILS. 2.VALVE BOXES SHALL BE INSTALLED FLUSH WITH THE GRADE, WITH CLEAN PEA GRAVEL LOCATED BELOW THE VALVE AS NOTED ON THE DETAILS. LOCATE BOXES WITHIN 12 TO 24" OF SIDEWALKS OR LANDSCAPE EDGES, WITH TOPS OF BOXES 1" ABOVE FINISH GRADE IN TURF, AND 3" ABOVE FINISH GRADE IN SHRUB AREAS (TO AVOID BEING COVERED BY MULCH). 3.EACH VALVE BOX COVER SHALL BE HEAT-BRANDED WITH THE CONTROLLER STATION NUMBER. 4.DO NOT INSTALL MORE THAN TWO VALVES IN A JUMBO BOX. N.DRIP IRRIGATION EQUIPMENT SHALL BE INSTALLED PER MANUFACTURER'S DIRECTIONS AND THE IRRIGATION DETAILS. 1.SUBSURFACE DRIP LINES SHALL BE BURIED NO MORE THAN 2" BELOW FINISH GRADE. 2.DRIP LINES MOUNTED ON GRADE SHALL BE SECURED IN PLACE WITH WIRE STAPLES AT A MAXIMUM OF 48" ON CENTER. O.SPRAY, ROTOR, AND BUBBLER HEADS: 1.ALL SPRAY AND ROTOR HEAD LOCATIONS SHALL BE STAKED, FLAGGED AND/OR OTHERWISE CLEARLY MARKED ON THE GROUND PRIOR TO INSTALLATION. SPRINKLER HEAD STAKING SHALL BE INSPECTED AND APPROVED BY THE OWNER'S REPRESENTATIVE BEFORE INSTALLATION. 2.ALL SPRAY HEADS SHALL BE CONNECTED WITH A 12 INCH MINIMUM LENGTH OF 1 2 INCH FLEX PVC. THE FLEX PVC SHALL BE SOLVENT WELDED TO SCHEDULE 40 PVC FITTINGS WITH WELD-ON #795 SOLVENT AND #P-70 PRIMER. ALL ROTORS SHALL BE CONNECTED TO LATERAL LINES WITH PRE-MANUFACTURED SWING JOINTS. 3.ALL ROTOR, SPRAY AND BUBBLER HEADS SHALL BE SET PERPENDICULAR AND FLUSH TO FINISH GRADE AND WITH A CLEARANCE OF FOUR INCHES (MINIMUM) FROM THE EDGE OF ANY BUILDINGS, WALLS, BOULDERS, AND HARDSCAPE, UNLESS OTHERWISE SPECIFIED. 4.ALL ROTOR, SPRRAY AND BUBBLER HEADS AND VALVES SHALL BE FLUSHED AND ADJUSTED FOR OPTIMUM COVERAGE WITH MINIMUM OVERSPRAY ON WALKS, STREETS, WALLS, ETC. P.AUTOMATIC CONTROLLER: 1.INSTALL THE CONTROLLER AT THE LOCATION INDICATED BY THE OWNER. INSTALL CONTROLLER WITH A BACKUP BATTERY AS RECOMMENDED BY THE MANUFACTURER. 2.THE IRRIGATION CONTRACTOR SHALL COORDINATE 120 V.A.C. ELECTRICAL POWER TO CONTROLLERS AND DEDICATE ONE (1) 20-AMP BREAKER FOR EACH CONTROLLER. IT SHALL BE THE RESPONSIBILITY OF THE IRRIGATION CONTRACTOR TO MAKE THE FINAL HOOK-UP FROM THE ELECTRICAL SOURCE TO THE CONTROLLER UNIT ONLY. 3.ALL VALVE CONTROL WIRE SHALL BE AWG 14 TYPE UF, 600 VOLT TEST, DIRECT BURIAL. NO SPLICES SHALL BE ALLOWED EXCEPT AT VALVES AND CONTROLLER. WHERE SPLICES MAY BE NECESSARY DUE TO EXCESSIVELY LONG WIRE RUNS, THE CONTRACTOR SHALL MAKE ALL SPLICES IN 6" ROUND VALVE BOXES WITH 3M'S "DBY-DIRECT BURIAL SPLICE KIT". THE CONTRACTOR SHALL LABEL ALL WIRES WITH WATERPROOF TAGS AND MARKERS AT ALL SPLICES AND VALVE MANIFOLDS, AND SHALL LEAVE A 24" COIL OF EXCESS WIRE AT EACH CONNECTION. 4.PROVIDE #10 COMMON WIRE, DIRECT BURIAL, TO ALL REMOTE CONTROL VALVES. 5.CONNECT ALL DIRECT BURIAL WIRES TO VALVES USING 3M'S "DBY-DIRECT BURIAL SPLICE KIT" (UNLESS OTHERWISE SPECIFIED). 6.PROVIDE THREE ADDITIONAL IRRIGATION CONTROL WIRES ALONG EACH BRANCH OF MAINLINE FOR FUTURE EXPANSION. STUB ADDITIONAL CONTROL WIRES INTO BACK OF IRRIGATION CONTROLLERS. 7.THE IRRIGATION CONTRACTOR SHALL BE RESPONSIBLE FOR INSTALLING ALL CONTROL WIRE SLEEVES AND PIPE SLEEVES UNDER PAVED AREAS PRIOR TO PAVING - SEE SLEEVING NOTES. Q.INSTALL THE RAIN SENSOR IN THE VICINITY OF THE CONTROLLER, AND COORDINATE LOCATION WITH THE OWNER. IT IS THE RESPONSIBILITY OF THE IRRIGATION CONTRACTOR TO ENSURE THE RAIN SENSOR IS PLACED IN A LOCATION WHERE IT CAN RECEIVE ADEQUATE RAINFALL WITHOUT OBSTRUCTIONS. IF IT IS PLACED IN AN INADEQUATE LOCATION, THE IRRIGATION CONTRACTOR MAY BE REQUIRED TO RELOCATE IT AT NO ADDITIONAL COST TO THE OWNER. R.ALL IRRIGATION EQUIPMENT NOT OTHERWISE DETAILED OR SPECIFIED SHALL BE INSTALLED AS PER MANUFACTURER'S RECOMMENDATIONS AND SPECIFICATIONS. S.QUALITY CONTROL 1.PERFORM COVERAGE TESTS AFTER IRRIGATION SYSTEM IS COMPLETED, BUT PRIOR TO ANY PLANTING AND PERFORM TESTING IN THE PRESENCE OF THE IRRIGATION DESIGNER AND THE CONSTRUCTION MANAGER. 2.TEST SYSTEM TO ASSURE THAT ALL LAWN AND PLANTING AREAS ARE WATERED COMPLETELY AND UNIFORMLY. 3.MAKE ALL NECESSARY ADJUSTMENTS TO PROVIDE COMPLETE COVERAGE, INCLUDING REALIGNMENT OF HEADS AND REPLACEMENT OF NOZZLES. U.CLEAN UP 1.DURING IRRIGATION EXCAVATION AND INSTALLATION, KEEP ALL PAVEMENT CLEAN AND ALL WORK AREAS IN A NEAT, ORDERLY CONDITION. 2.DISPOSED LEGALLY OF ALL EXCAVATED MATERIALS OFF THE PROJECT SITE. V.INSPECTION AND ACCEPTANCE 1.UPON COMPLETION OF THE WORK, THE IRRIGATION CONTRACTOR SHALL PROVIDE THE SITE CLEAN, FREE OF DEBRIS AND TRASH, AND SUITABLE FOR USE AS INTENDED. THE IRRIGATION CONTRACTOR SHALL THEN REQUEST AN INSPECTION BY THE OWNER TO DETERMINE FINAL ACCEPTABILITY. 2.WHEN THE INSPECTED WORK DOES NOT COMPLY WITH THE CONTRACT DOCUMENTS, THE CONTRACTOR SHALL REPLACE AND/OR REPAIR THE REJECTED WORK TO THE OWNER'S SATISFACTION WITHIN 24 HOURS. 3.THE MAINTENANCE PERIOD WILL NOT COMMENCE UNTIL THE WORK HAS BEEN RE-INSPECTED BY THE OWNER AND FOUND TO BE ACCEPTABLE. AT THAT TIME, A WRITTEN NOTICE OF FINAL ACCEPTANCE WILL BE ISSUED BY THE OWNER, AND THE MAINTENANCE AND GUARANTEE PERIODS WILL COMMENCE. 4.CONTROLLER CHART: THE IRRIGATION CONTRACTOR SHALL PROVIDE A 11" X 17" COLOR-CODED, LAMINATED COPY OF THE IRRIGATION LAYOUT AND PLACE IT IN THE CONTROLLER'S COVER. THE CONTROLLER CHART SHALL CLEARLY DELINEATE THE AREAS COVERED BY EACH VALVE, USING A SEPARATE COLOR FOR EACH ZONE. 5.TURN THE FOLLOWING ITEMS IN TO THE OWNER UPON COMPLETION OF THE INSTALLATION: a.QUICK COUPLER KEYS (2) b.CONTROLLER MANUAL (1) c.CONTROLLER KEYS (2) d.A MINIMUM OF (2) COPIES OF RECORD DRAWINGS. A RECORD DRAWING IS A RECORD OF ALL CHANGES THAT OCCURRED IN THE FIELD AND THAT ARE DOCUMENTED THROUGH CHANGE ORDERS, ADDENDA, OR CONTRACTOR/CONSULTANT DRAWING MARKUPS. W.REFER TO THE PLANTING SPECIFICATIONS FOR ADDITIONAL CONDITIONS OF FINAL ACCEPTANCE AND START OF THE MAINTENANCE PERIOD. X.WARRANTY 1.THE IRRIGATION SYSTEM SUPPLIED AND INSTALLED SHALL BE WARRANTED (LABOR AND MATERIALS) TO REMAIN OPERATIONAL FOR A PERIOD OF 12 MONTHS AFTER THE DATE OF FINAL ACCEPTANCE. DURING THIS PERIOD, THE CONTRACTOR SHALL ALSO REPAIR ANY SETTLEMENT OF THE IRRIGATION TRENCHES. 2.BY THE END OF THE WARRANTY PERIOD, ANY IRRIGATION PART THAT IS EITHER NON-OPERATIONAL OR THAT IS OPERATING BELOW STANDARDS AS DETERMINED BY THE OWNER, SHALL BE REMOVED FROM THE SITE AND SHALL BE REPLACED. REPLACEMENTS SHALL BE OF THE SAME KIND AS SPECIFIED IN THE IRRIGATION LEGEND, AND SHALL BE INSTALLED AS ORIGINALLY SPECIFIED. 3.IRRIGATION PARTS DAMAGED OR IMPAIRED DUE TO ACTS OF GOD, VANDALISM, AND/OR THE OWNER'S IMPROPER MAINTENANCE SHALL NOT BE COVERED BY THIS WARRANTY. Y.SHOULD THE PERMITTING JURISDICTION REQUIRE AN IRRIGATION AUDIT, THE IRRIGATION CONTRACTOR SHALL RETAIN THE SERVICES OF A THIRD-PARTY CERTIFIED LANDSCAPE IRRIGATION AUDITOR, AT NO ADDITIONAL COST TO THE OWNER. 1 2 3 4 CONTROLLER - WALL MOUNT, INDOOR NOTES: 1)MOUNT CONTROLLER AND CABINET PER MANUFACTURER'S DIRECTIONS. 2)120 V.A.C. POWER PROVIDED BY OTHERS. LANDSCAPE CONTRACTOR SHALL MAKE FINAL CONNECTION AT CONTROLLER. CONNECT TO ELECTRICAL SUPPLY PER NATIONAL ELECTRIC CODE AND LOCAL CODE. 3)LOCATE GROUND ROD 8' MIN. FROM CONTROLLER. VERIFY LOCATION OF GROUND ROD, CONTROLLER AND SOURCE OF ELECTRICITY WITH MANUFACTURER'S REPRESENTATIVE AND OWNER AS PART OF PRE CONSTRUCTION MEETING. SECTION 3 2 1 5 6 4 7 8 9 11 460" MAX.12" CONTROLLER PER LEGEND 1/2" ELECTRICAL CONDUIT BETWEEN CONTROLLER AND ELECT. BOX CLAMP TO WALL SENSOR MONITOR PANEL OR RECEIVER (WHERE OCCURS) WALL (WHERE OCCURS) 120 VOLT SERVICE IN WATERPROOF JUNCTION BOX WITH DISCONNECT SWITCH, INSTALL INSIDE STAINLESS ENCLOSURE C-CLAMPS (TYP.) CONDUIT(S) FOR 24 VOLT CONTROL WIRES. CLAMP TO WALL. USE 1 CONDUIT FOR 0-24 STATIONS. USE 2 CONDUITS FOR 25-48 STATIONS SENSOR CABLES IN CONDUITS (WHERE OCCURS) GROUNDING PER MANUFACTURER FINISH FLOOR SURFACE 5 7 6 10 9 8 6" 15 PVC SCH 40 TEE OR ELL AT MAINLINE PIPE (AS NEEDED) 15 10 2" x 2" REDWOOD STAKE WITH STAINLESS STEEL GEAR CLAMPS OR EQUIVALENT SUPPORT SYSTEM 16 14 6 13 14 PVC MALE ADAPTER9 F SCALE: NTS QUICK COUPLER WITH BALL VALVE 16 11 1298 6 7 5 4321 3-INCH MINIMUM DEPTH OF 3/4-INCH WASHED GRAVEL 6 TOP OF MULCH1 SCH. 40 PVC BALL VALVE, LINE SIZE PVC SCH 40 ELL PVC MAINLINE PIPE EXTENSION PVC SCH 40 ADAPTER OR ELL PVC SCH 40 STREET ELL BRICK (1 OF 2) BRASS NIPPLE (LENGTH AS REQUIRED) 6" LONG BRASS NIPPLE 10" ROUND PLASTIC VALVE BOX BY CARSON (OR EQUAL) QUICK-COUPLING VALVE FINISHED GRADE-1" BELOW TOP OF BOX IN TURF AREAS, 2" IN SHRUB AREAS 11 10 9 13 12 8 5 7 4 3 2 1 2 4 5 3 6 7 9 8 10 11 12 13 14 15 30-INCH LINEAR LENGTH OF WIRE, COILED WATERPROOF CONNECTION (ANY APPROVED) REMOTE CONTROL VALVE JUMBO PLASTIC VALVE BOX BY CARSON (OR EQUAL) TOP OF MULCH FINISHED GRADE-1" BELOW TOP OF BOX IN TURF AREAS, 2" IN SHRUB AREAS PVC SCH 80 NIPPLE (CLOSE) PVC SCH 40 ELL PVC SCH 80 NIPPLE (LENGTH AS REQUIRED) BRICK (1 OF 4) PVC MAINLINE PIPE SCH.40 PVC ELL PVC SCH 40 TEE OR ELL PVC SCH 40 MALE ADAPTER PVC LATERAL PIPE 3-INCH MINIMUM DEPTH OF 3 4-INCH WASHED GRAVEL 16 DATE: SHEET CASE NO. CHECKED: CBD DRAWN:CBD DESIGN:FRONTIER RETAIL CENTERBEING PART OF 70.91 ACRES OF LANDOUT OF COLLIN COUNTY SCHOOL LANDSURVEY, ABSTRACT NO. 147PROSPER, TEXASCBD 06/04/2023 BEARINGS SHOWN HEREON ARE TIED TO THE TEXAS COORDINATE SYSTEM OF 1983 (NAD83(2011) EPOCH2013) NORTH CENTRAL ZONE (4202) USING TOWN OF PROSPER GEODETIC CONTROL MONUMENTS 3 AND 5: GPS-3 GPS-5 N: 7141040.803 N: 7144654.054 E: 2480701.977 E: 2492631.252 ELEV: 615.09 ELEV: 704.95 TBM #1: "X" CUT IN INLET ON THE EAST SIDE OF DALLAS NORTH TOLLWAY NORTHBOUND SERVICE ROAD, APPROXIMATELY 146 FEET SOUTH OF FRONTIER PARKWAY CENTERLINE. N: 7146308.56 E: 2482444.24 ELEV: 619.13 2022-029 (800) 680-6630 15455 Dallas Pkwy., Ste 600 Addison, TX 75001 www.EvergreenDesignGroup.com EVERGREEN D E S I G N G R O U P 07/17/2023 LI-2 Page 261 Item 22. 5 7 6 1 4 3 2 FINISH GRADE POP-UP SPRAY HEAD SCH. 80 PVC NIPPLE (LENGTH AS REQUIRED) SCH. 40 PVC ELL SCH. 40 PVC STREET ELL SCH. 40 PVC TEE OR ELL PVC LATERAL PIPE 1 4 5 3 5 76 2 12" MIN.POP-UP SPRAY HEAD SCALE: NTSL 3' COILED LENGTH OF LINE SIZE FLEX HOSE. SOLVENT WELD TO VALVE 10" ROUND PLASTIC VALVE BOX WITH LOCKABLE LID, "CARSON" OR APPROVED EQUAL FINISH GRADE - TOP OF VALVE BOX TO BE 2" ABOVE FINISH GRADE IN PLANTER AREAS DRIP EXHAUST HEADER BALL VALVE, LINE SIZE RED BRICK TYPICAL, 3 REQUIRED 6" DEEP LAYER OF PEA GRAVEL 1 2 3 4 5 6 7 1 2 4 5 6 7 3 FLUSH VALVE SCALE: NTSK TOP OF MULCH FINISH GRADE DRIP LINE PER PLAN INSERT TEE OR ELBOW SCH. 80 PVC NIPPLE (LINE SIZE) SCH. 40 PVC TEE (SST) SCH. 40 PVC SUPPLY HEADER (SIZE PER PLAN) 1 2 3 5 76 1 2 3 4 5 6 7 4 SUBSURFACE DRIPLINE CONNECTION SCALE: NOT TO SCALEJLATERAL LINE DEPTH2" MAX.SUBSURFACE DRIP LINE LAYOUT SCALE: NOT TO SCALEI 8 10 5 6 2 9 7 4 3 1 PAVEMENT SURFACE TRENCH BACKFILL SCH. 40 PVC MAINLINE SLEEVE - SEE PLANS FOR SIZE SCH. 40 PVC LATERAL SLEEVE - SEE PLANS FOR SIZE LOCATOR WIRE W/BURIED CAUTION TAPE PVC IRRIGATION MAINLINE SLEEVING TRENCHING 2 3 5 1110 1 3 4 6 9 8 7 FINISH GRADE PVC IRRIGATION LATERAL SAND BACKFILL SCH. 40 PVC WIRE SLEEVE FOR CONTROL WIRES, MIN. 2" DIA. 11 CONTROL WIRES - TAPE TO MAINLINE AT 10' INTERVALS12" MIN.18" MIN.12" MIN.18" MIN.PIPE AND SLEEVE INSTALLATION SCALE: NTSH 1 18" MIN.24" MIN.2 24" MAX18" MIN.24" MAX9 8 7 12 PVC CAP, SOLVENT WELDED 6 5 2 4 3 PVC MALE ADAPTER BRASS BALL VALVE (SIZED PER MAINLINE) EXTENSION SECTION AS NECESSARY TO MEET GRADE 9" ROUND VALVE BOX WITH LOCKABLE LID 1 32 7 6 5 4 1 IRRIGATION MAINLINE7 FINISH GRADE AT 1" BELOW TOP OF BOX IN TURF AREAS: 2" BELOW TOP OF BOX IN SHRUB/GROUNDCOVER AREAS 3-INCH MINIMUM DEPTH OF 3 4-INCH WASHED GRAVELMAINLINE DEPTHBRASS BALL VALVE SCALE: NTSGBUBBLER SCALE: NTSM 987 6 5 4 3 2 1 7 9 8 6 5 4 3 2 1 BUBBLER PER LEGEND - 2 PER TREE MULCH FINISH GRADE/TOP OF MULCH UV RADIATION RESISTANT 1/2-INCH PVC SCH 80 NIPPLE (LENGTH AS REQUIRED) 1/2-INCH FEMALE NPT x 0.490-INCH BARB ELBOW SWING PIPE, 12-INCH LENGTH PVC LATERAL PIPE 1/2-INCH MALE NPT x .490-INCH BARB ELBOW SCH 40 TEE OR ELL BUBBLER LAYOUT PLAN VIEW 10 EDGE OF ROOTBALL 1 10 11 PVC LATERAL LINE - 3/4" 11 PVC LATERAL LINE TO VALVE3"-6"4" MIN. 1/4-INCH DISTRIBUTION TUBING 1/4-INCH TUBING STAKE - PLACE JUST OUTSIDE OF ROOTBALL MULTI-OUTLET EMISSION DEVICE WITH EMITTERS PER IRRIGATION LEGEND 10" ROUND VALVE BOX, AS MADE BY CARSON (OR EQUAL). TOP OF BOX TO BE 2" ABOVE FINISH GRADE IN PLANTER AREAS. 3-INCH MIN. DEPTH OF 3/4-INCH WASHED GRAVEL 1 2 3 9 11 4 5 6 7 BUG CAP AT END OF TUBING TOP OF MULCH FINISH GRADE 1/2" PVC SCH-80 NIPPLE - LENGTH AS REQUIRED PVC LATERAL PIPE PVC SCH-40 TEE OR ELL 8 10 11 3 1 2 4 5 8 9 10 6 7 9" MIN.12" MIN.MULTI-OUTLET EMISSION DEVICE SCALE: NOT TO SCALEX 12 TYP. FLUSH VALVE SCH. 40 PVC EXHAUST HEADER SCH. 40 PVC TEE OR ELL COMPRESSION ADAPTER DRIP LINE AIR RELIEF VALVE AT HIGH POINT OF SYSTEM (WHEN INDICATED ON PLANS) SCH. 40 PVC SUPPLY HEADER CONTROL VALVE TREE ROOT BALL (WHERE OCCURS IN DRIP AREA) RAINBIRD PC-07 EMITTERS (3) OR EQUAL, WITH DIFFUSER CAPS, INSERTED IN DRIP LINE AND GENERALLY SPACED EVENLY AROUND TREE NEAR EDGES OF ROOT BALL (WHERE OCCURS) NOTE: SET DRIP LINES 3"-6" AWAY FROM HARDSCAPE 1 2 3 4 5 6 7 8 3 2 4 5 1 5 6 87 4 5 2 10 9 9 10 5 3 DATE: SHEET CASE NO. CHECKED: CBD DRAWN:CBD DESIGN:FRONTIER RETAIL CENTERBEING PART OF 70.91 ACRES OF LANDOUT OF COLLIN COUNTY SCHOOL LANDSURVEY, ABSTRACT NO. 147PROSPER, TEXASCBD 06/04/2023 BEARINGS SHOWN HEREON ARE TIED TO THE TEXAS COORDINATE SYSTEM OF 1983 (NAD83(2011) EPOCH2013) NORTH CENTRAL ZONE (4202) USING TOWN OF PROSPER GEODETIC CONTROL MONUMENTS 3 AND 5: GPS-3 GPS-5 N: 7141040.803 N: 7144654.054 E: 2480701.977 E: 2492631.252 ELEV: 615.09 ELEV: 704.95 TBM #1: "X" CUT IN INLET ON THE EAST SIDE OF DALLAS NORTH TOLLWAY NORTHBOUND SERVICE ROAD, APPROXIMATELY 146 FEET SOUTH OF FRONTIER PARKWAY CENTERLINE. N: 7146308.56 E: 2482444.24 ELEV: 619.13 2022-029 (800) 680-6630 15455 Dallas Pkwy., Ste 600 Addison, TX 75001 www.EvergreenDesignGroup.com EVERGREEN D E S I G N G R O U P 07/17/2023SAX ETFOETATS 17628 I R R IG ATORLI CEN SED CHRISTOPHER B. DAVIS LI-3 Page 262 Item 22. Welcome Welcome CM - METAL (REMOVED)BR - BRICK "SLATE GRAY"AP - APOLIC METAL PANELSAL - ALUMINUM BATTENSCN - ALUM CANOPY WHITEUN - UNDERSCORE YELLOWBR - BRICK "ONYX"LL - LIMESTONE "LINEN""EXHIBIT D"Page 263Item 22. BR - BRICK "SLATE GRAY"AP - APOLIC METAL PANELSAL - ALUMINUM BATTENSCN - ALUM CANOPY WHITEUN - UNDERSCORE YELLOW"EXHIBIT D"BR - BRICK "ONYX"LL - LIMESTONE "LINEN"CM - METAL (REMOVED)Page 264Item 22. "EXHIBIT D"Page 265Item 22. June 5, 2023 Town of Prosper 250 W. First Street Prosper, Texas 75078 Re: McDonald’s Letter of Intent To whom it may concern, Please let this letter serve as the Letter of Intent for the McDonald’s project to be located on Lot 4, future Lot 5, Block A of Frontier Retail Addition. The current zoning is planned development 69. The development is 1.54 acres and will be built in a single phase. The purpose of this request is to allow the proposed use of restaurant with drive thru. The building will be approximately 4,117 square feet in size. Should you have any questions, please feel free to contact me. Sincerely, Claymoore Engineering, Inc. Drew Donosky, P.E. Page 266 Item 22. Page 1 of 2 To: Mayor and Town Council From: David Hoover, Director of Development Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: 209 East Fifth Street Rezoning Town Council Meeting – October 24, 2023 Strategic Visioning Priority: 2. Development of Downtown as Destination Agenda Item: Conduct a public hearing and consider and act upon a request to rezone 0.3± acres from Single Family-15 (SF-15) to Downtown Single-Family (DTSF), for Hillside Addition, Block 2, Lot 4, located north of East Fifth Street and west of North Church Street. (ZONE-23-0018) Description of Agenda Item: The zoning and land use of the surrounding properties are as follows: Zoning Current Land Use Future Land Use Plan Subject Property Single Family-15 Residential Old Town District North Single Family-15 Residential Old Town District East Single-Family 15 Residential Old Town District South Single Family-15 Residential Old Town District West Single Family-15 Residential Old Town District Requested Zoning: The purpose of this request is to rezone the property from Single Family-15 (SF-15) to Downtown Single-Family (DTSF). Currently, no home exists on the property; however, the intent is to construct a new single-family home. The setback regulations for the Downtown Single-Family District are more desirable to the applicant than the Single Family-15 District. The existing lot does PLANNING Page 267 Item 23. Page 2 of 2 not conform to the lot area requirement for the Single Family-15 District; however, it conforms to all the Downtown Single-Family District lot dimension regulations. Single Family-15 Downtown Single-Family Min. Lot Area (Ft.²) 15,000 6,000 Min. Lot Width (Ft.) 100 50 Min. Lot Depth (Ft.) 135 120 Min. Front Setback (Ft.) 35 25 Min. Side Setback (Ft.) 10 5 Min. Rear Setback (Ft.) 25 10 Max. Lot Coverage (%) 45 55 Budget Impact: There is no budgetary impact affiliated with this item. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Notification was provided as required by the Zoning Ordinance and state law. Staff has received 1 reply form in support of the proposed zoning request to date. Attached Documents: 1. Aerial and Zoning Maps 2. Zoning Exhibit 3. Letter of Intent 4. Elevations 5. Building Materials List 6. Reply Form Town Staff Recommendation: Town Staff recommends approval of the request to rezone 0.3± acres from Single Family-15 (SF- 15) to Downtown Single-Family (DTSF), for Hillside Addition, Block 2, Lot 4, located north of East Fifth Street and west of North Church Street. Although the surrounding properties are all zoned Single Family-15, this zoning change would not be seen as out of character with the existing neighborhood. As previously stated, the lot in question does not meet the lot dimension regulations for the Single Family-15 District. Additionally, a fair number of properties to the north (East Sixth Street), west (East Fifth Street), and south (East Fifth Street) do not meet the lot dimension requirements for the Single Family-15 (SF-15) District either. However, the lot in question and the surrounding lots do meet the lot dimension regulations for the Downtown Single-Family District. Further, the residential downtown areas are the only places where Downtown Single-Family zoning makes sense. The Town would not support this zoning in a residential area outside of the downtown; therefore, the only feasible option for Downtown Single-Family zoning is in downtown residential areas. The Planning & Zoning Commission recommended approval of this item (5-0) at their meeting on October 3, 2023. Proposed Motion: I move to approve/deny the request to rezone 0.3± acres from Single Family-15 (SF-15) to Downtown Single-Family (DTSF), for Hillside Addition, Block 2, Lot 4, located north of East Fifth Street and west of North Church Street. Page 268 Item 23. Page 269 Item 23. Page 270 Item 23. Page 271Item 23. Page 272 Item 23. Page 273Item 23. Building Materials List Exterior • Brick • Hardi Board Siding • Hardi Board and Batten Siding Front Porch • Composition Shingles with Standing Seam Metal Roof Page 274 Item 23. Page 275 Item 23. Page 1 of 1 To: Mayor and Town Council From: Dan Baker, Parks and Recreation Director Through: Mario Canizares, Town Manager Robyn Battle, Executive Director Re: Raymond Community Park Project Update Town Council Meeting – October 24, 2023 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Receive an update on the status of the Raymond Community Park project. Description of Agenda Item: Town staff will provide a status report regarding the progress of the Raymond Community Park project including the utilization of two Guaranteed Maximum Price (GMP) packages for site preparation and site development. Town Staff Recommendation: Town staff requests Council feedback on the proposed utilization of two GMP packages for site preparation and site development. PARKS AND RECREATION Page 276 Item 24.