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02.27.24 Town Council Regular Meeting Packet
Page 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 of a Proclamation declaring March 2024, as Theatre in our Schools Month. (MLS) 2. Presentation to the Prosper Community Library for receiving the Library of Excellence award. (LS) Agenda Prosper Town Council Meeting Prosper Town Hall, Council Chambers 250 W. First Street, Prosper, Texas Tuesday, February 27, 2024 6:15 PM Page 1 Page 2 of 4 CONSENT AGENDA: Items placed on the Consent Agenda are considered routine in nature and non-controversial. The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda by the request of Council Members or staff. 3. Consider and act upon the minutes from the February 13, 2024, Town Council Work Session meeting. (MLS) 4. Consider and act upon the minutes from the February 13, 2024, Town Council Regular meeting. (MLS) 5. Consider and act upon an ordinance canceling the May 4, 2024, General Election. (MLS) 6. Consider acceptance of the January 2024 Monthly Financial Report. (CL) 7. Receive the Quarterly Investment Report for December 31, 2023. (CL) 8. Consider and act upon approving purchase orders for the purchase and installation of furniture from Workspace Interiors by Office Depot Business Solutions through the Omnia Partners Cooperative; and authorizing the Town Manager or his/her designee to execute documents related to said purchases. (CL) 9. Consider authorizing the Town Manager to enter into a three-year Professional Services Agreement with two one-year renewals for sales tax consulting with Texas City Services LLC for the Town, EDC and the Crime and Fire Special Purpose Districts. (CL) 10. Receive the 2023 Annual Racial Profiling Report for the Prosper Police Department as required by state law. (DK) 11. Consider and act upon an ordinance amending Section 1.09.017 of the Code of Ordinances relative to the carrying of firearms in Town parks, and Sections 8.03.001 and 8.03.002 of the Code of Ordinances relative to the carrying and discharge of firearms in Town buildings or in the Town limits. (TW/DK) 12. Consider and act upon awarding RFP No. 2024-08-A to Sweeping Corporation of America, LLC., related to the Town’s Street Sweeping services, and authorizing the Town Manager to execute a construction agreement for same. (CE) 13. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Angel Valuation Services, LP, and the Town of Prosper, Texas, related to appraisal services for the FM 1461 12-inch Water Line Relocation project. (HW) 14. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Geotex Engineering LLC, and the Town of Prosper, Texas, related to professional construction materials testing and observation services for the Legacy (Prairie – First) – 4 Lanes project. (HW) 15. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between ECS Southwest, LLP, and the Town of Prosper, Texas, related to professional construction materials testing and observation services for the Teel Parkway (US 380 - First Street) – 2 NB Lanes project. (HW) Page 2 Page 3 of 4 16. Consider and act upon authorizing the Town Manager to execute an Agreement between Blue Star Allen Land L.P., and the Town of Prosper, Texas, related to the repairs of certain roadways in Star Trail, Phase 5. (HW) 17. Consider authorizing the Town Manager to enter into a Professional Services Agreement with Peak Program Value (PPV) for Construction Management Services for Raymond Park. (CL) 18. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between the Town of Prosper and Gray Event Management for recreation program instructor services. (DB) 19. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between the Town of Prosper and Soccer Sparks, LLC, for recreation program instructor services. (DB) 20. Consider and act upon an ordinance granting a Specific Use Permit for a Wireless Communications and Support Structure, on Lakewood Preserve, Block A, Lot 1, on 0.1± acre, located south of East First Street and east of South Coit Road. The property is zoned Planned Development-87 (PD-87) Lakewood. (ZONE-23-0036) (DH) 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 Preliminary Site Plans and Site Plans. (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. Discuss and consider Town Council Subcommittee reports. (DFB) Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. 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. Page 3 Page 4 of 4 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. Section 551.071 - To consult with the Town Attorney regarding legal issues associated with Article 1.09 and Article 8.03 of the Town's Code of Ordinances, and Chapter 214 of the Texas Local Government Code, and all matters incident and related thereto. Section 551.074 - To discuss and consider personnel matters, including the annual evaluation of the Town Manager, Town Attorney and the Municipal Judge, 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, February 23, 2024, 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 CONGRATULATIONS! PROSPER COMMUNITY LIBRARY Page 5 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 Councilmember Amy Bartley Councilmember Chris Kern Councilmember Jeff Hodges Councilmember Charles Cotten Council Members Absent: Deputy Mayor Pro-Tem Marcus E. Ray 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 Robyn Battle, Executive Director Hulon Webb, Director of Engineering Services Dan Baker, Director of Parks and Recreation David Hoover, Development Services Director Leslie Scott, Director of Library Services Todd Rice, Communications and Media Relations Manager Wilson Haynes, Senior Communications Specialist Doug Kowalski, Police Chief Items for Individual Consideration 1. Receive an update regarding the solid waste transition. (RBS) Mr. Scott presented the item by recognizing staff members who assisted in the transition, noting all their extra work and extra hours put into assisting residents and the community. Mr. Scott also provided an overview of the services and service levels. He indicated that a dedicated web page is being made for commercial services and how staff are addressing the downtown area to accommodate their needs. The Town Council discussed the new carts, operation hours of the service trucks, and signs to be attached to address commercial trash carts and/or container storage areas. 2. Receive an update regarding the Town’s Capital Improvement Projects (CIP). (HW/DB) MINUTES Prosper Town Council Work Session Prosper Town Hall – Council Chambers 250 W. First Street, Prosper, Texas Tuesday, February 13, 2024 Page 6 Item 3. Page 2 of 2 Mr. Webb and Mr. Baker provided an update on the 2020 bond projects which included an overview of streets, parks, and facilities. The Town Council discussed the project timelines and debt capacity. Councilmember Bartley noted that the CIP Subcommittee approved the allocation of funds for a Library Master Plan and Councilmember Cotten requested accelerating the planning of future projects in order to consider when it would be more advantageous to hold the next bond election. Adjourn. The meeting was adjourned at 5:58 p.m. These minutes were approved on the 27th day of February 2024. APPROVED: David F. Bristol, Mayor ATTEST: Michelle Lewis Sirianni, Town Secretary Page 7 Item 3. Page 1 of 7 ] 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 Councilmember Amy Bartley Councilmember Chris Kern Councilmember Jeff Hodges Councilmember Charles Cotten Council Members Absent: Deputy Mayor Pro-Tem Marcus E. Ray 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 Robyn Battle, Executive Director Hulon Webb, Director of Engineering Services Dan Baker, Director of Parks and Recreation David Hoover, Development Services Director Suzanne Porter, Planning Manager Todd Rice, Communications and Media Relations Manager Scott Brewer, Assistant Police Chief Doug Kowalski, Police Chief Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Lance Millsaps 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: Join us on Saturday, February 17 from 9 to 11 a.m. for the Prosper Fishing Derby at the Frontier Park Pond, located at 1551 Frontier Pkwy. The Prosper Fishing Derby is a friendly competition for kids and a relaxing morning for the entire family. Judges will be stationed around the pond to chart fish caught and tally the catches of the day. Prizes will be awarded for Most Fish Caught in various age divisions. The event is free of charge and registration is not required. For more details, visit the Special Events page within the Parks and Recreation Department. Join us for the groundbreaking ceremony at Raymond Community Park on Thursday, February 22, at 10 a.m. at the northwest corner of First Street and Coit Road in Prosper. Come discover the start of Phase 1 of this project and the exciting amenities it will bring to our community. Parking will be available at St. Paul’s Episcopal Church. MINUTES Prosper Town Council Meeting Prosper Town Hall, Council Chambers 250 W. First Street, Prosper, Texas Tuesday, February 13, 2024 Page 8 Item 4. Page 2 of 7 Mayor Bristol announced the Prosper Exchange hosted by the Prosper Economic Development Corporation on February 15 and recognized Councilmember Cotten’s upcoming milestone birthday. Presentations. 1. Receive a presentation from the Salvation Army of North Texas regarding the 2023 Mayor’s Red Kettle Challenge. The Salvation Army recognized Mayor Bristol for winning the 2023 Red Kettle Challenge. He was presented with a certificate and the winning bell. 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 January 23, 2024, Town Council Regular meeting. (MLS) 3. Consider and act upon Ordinance 2024-18 ordering a General Election to be held on May 4, 2024, for the purpose of electing a Councilmember Place 2 and Councilmember Place 6; designating location of polling places; ordering notices of election to be given as prescribed by law and authorizing the Town Manager to execute contracts with Collin County and Denton County Election Departments for joint election services. (MLS) 4. Consider and act upon Ordinance 2024-19 amending Division 3, “Community Engagement Committee,” of Article 1.04, "Boards, Commissions and Committees," within Chapter 1 of the Town’s Code of Ordinances by amending Section 1.04.039, "Number of Members," and Section 1.04.042 “Chair/Vice- Chair/quorum.” (MLS) 5. Consider and act upon approval of a Professional Services Agreement between the Town of Prosper and Soccer Sparks LLC for recreation program instructor services; and authorizing the Town Manager to execute documents for same. (DB) 6. Consider and act upon approval of a Professional Services Agreement between the Town and Prosper and Gray Event Management for recreation program instructor services; and authorizing the Town Manager to execute documents for same. (DB) 7. 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 Preliminary Site Plans and Site Plans. (DH) Staff requested to pull items 5 and 6 to be tabled to February 27. Mayor Pro-Tem Andres made a motion to approve consent agenda items 2 through 4 and item 7, and to table items 5 and 6 to February 27, 2024. Councilmember Hodges seconded that motion. Motion carried with a vote of 6-0. Page 9 Item 4. Page 3 of 7 CITIZEN COMMENTS Miriam Kassem, 1401 Woodhaven Drive, requested the Town Council to consider approving a Cease Fire Resolution to support ending the war in Gaza. Yaseen Paul, 1920 Blue Forest Drive, requested the Town Council to consider approving a Cease Fire Resolution to support ending the war in Gaza. Rajaie Salah, 2648 Redcedar Drive, Little Elm, requested the Town Council to consider approving a Cease Fire Resolution to support ending the war in Gaza. Mr. Kassem, 1401 Woodhaven Drive, requested the Town Council to consider approving a Cease Fire Resolution to support ending the war in Gaza. At 6:37 p.m., the Town Council took a brief recess. At 6:45 p.m., the Town Council reconvened back into regular session. Items for Individual Consideration: 8. Conduct a public hearing and consider and act upon a request for a Planned Development for Mini-Warehouse/Public Storage, Restaurant, and Retail uses on 8.7± acres on Collin County School Land Survey, Abstract 147, Tracts 1-7 and 28, located on the northwest corner of North Coleman Street and West Prosper Trail. The property is zoned Agricultural and Commercial. (ZONE-23- 0017) (DH) Mr. Hoover presented the item by noting the location of the request, surrounding zoning, and details of the request including parking, landscaping, and screening. Additionally, the request would allow for two multi-tenant buildings with both restaurant and retail uses. Mr. Hoover stated that the current zoning and the Future Land Use Plan (FLUP) indicate that commercial uses are appropriate in this area; however, staff do not believe that public storage is an appropriate use at this location. The Planning and Zoning Commission recommended denial of the item by a vote of 5-1 at their January 16 meeting. Two letters and one phone expressing opposition were received. Staff is recommending denial. The Town Council discussed the feedback received from the Planning and Zoning Commission and the commercial uses versus the retail uses of the request. The Civil Engineer representing the landowner spoke on his behalf noting that the intent of the request is to keep the commercial uses as the base zoning with half being restaurant/retail and the other half being storage which would be requested through a Special Use Permit (SUP). They also intend on adding additional trees/screening. The Town Council further discussed the outdoor storage, phasing of the development, materials, and height of the buildings, and how the adjacent neighborhood would be affected. Mayor Bristol opened the public hearing. No comments were made. Mayor Bristol closed the public hearing. Page 10 Item 4. Page 4 of 7 The Town Council additionally discussed the directional layout of the buildings and landscaping standards. Councilmember Cotten made a motion to deny a request for a Planned Development for Mini-Warehouse/Public Storage, Restaurant, and Retail uses on 8.7± acres on Collin County School Land Survey, Abstract 147, Tracts 1-7 and 28, located on the northwest corner of North Coleman Street and West Prosper Trail. The property is zoned Agricultural and Commercial. Councilmember Bartley seconded that motion. Motion carried with a 6-0 vote. 9. Consider and act upon awarding CSP No. 2024-12-B to Wilson Contractor Services, related to construction services for the DNT Waterline Relocation (US 380 - First Street) project; and authorizing the Town Manager to execute a construction agreement for same. (HW) Mr. Webb introduced this item stating that this project consists of all the work needed to relocate an existing 16-inch waterline in conflict with the proposed construction of NTTA’s main lanes. The project was advertised with the Town receiving ten bids with a project timeline from 110 days to 310 days. Reference checks were conducted with positive feedback received. The cost for the construction of the project is $1,269,004.08 coming in below the total budget for the project. Staff is recommending approval. Councilmember Hodges made a motion to approve awarding CSP No. 2024-12-B to Wilson Contractor Services, related to construction services for the DNT Waterline Relocation (US 380 - First Street) project; and authorizing the Town Manager to execute a construction agreement for same. Mayor Pro-Tem Andres seconded that motion. Motion carried with a 6-0 vote. 10. Consider and act upon Resolution 2024-21 of the Town Council of the Town of Prosper, Texas, declaring the public necessity to acquire certain property for a water line easement for the construction of the DNT Waterline Relocation (US 380 - First Street) 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. (HW) Mr. Webb introduced this item noting the waterline relocation project. The proposed resolution is requesting advance authorization to pursue acquisition by eminent domain if standard negotiations are unsuccessful. Mayor Pro-Tem Andres made a motion to approve Resolution 2024-21 declaring the public necessity to acquire certain waterline easements for the construction of the DNT Waterline Relocation (US 380 - First Street) project; project with such the property being more particularly described in the attached resolution; 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 Page 11 Item 4. Page 5 of 7 authorizing the Town Attorney to institute condemnation proceedings to acquire the property if purchase negotiations are not successful. Councilmember Cotten seconded that motion. Councilmember Cotten – In Favor Councilmember Hodges – In Favor Mayor Bristol – In Favor Mayor Pro-Tem Andres – In Favor Councilmember Kern – In Favor Councilmember Bartley – In Favor Motion carried with a 6-0 vote. 11. Consider and act upon Ordinance 2024-20 amending Section 4.09.001, “Definitions,” of Article 4.09, “Special Events and Temporary Outdoor Seasonal Sales,” of Chapter 4, “Business Regulations,” of the Code of Ordinances, and amending article 4.09, “Special Events and Temporary Outdoor Seasonal Sales,” of Chapter 4, “Business Regulations,” of the Code of Ordinances by adding a new section 4.09.14, “Parking,” to address temporary parking of vehicles at special events. (DB) Mr. Baker stated the proposed amendments would allow the Town to post “no parking” signs at special events and allow the Police Department to enforce t he regulation by issuing a citation or towing if necessary. Councilmember Kern made a motion to approve Ordinance 2024-20 amending Section 4.09.001, “Definitions,” of Article 4.09, “Special Events and Temporary Outdoor Seasonal Sales,” of Chapter 4, “Business Regulations,” of the Code of Ordinances, and amending article 4.09, “Special Events and Temporary Outdoor Seasonal Sales,” of Chapter 4, “Business Regulations,” of the Code of Ordinances by adding a new section 4.09.14, “Parking,” to address temporary parking of vehicles at special events. Mayor Pro-Tem Andres seconded that motion. Motion carried with a 6-0 vote. 12. Receive an update on the Parks, Recreation and Open Space Master Plan. (DB) Mr. Baker introduced this item stating that stakeholder groups have been selected to represent the Advisory Committee, which include members of the active adult community, Parks and Recreation Board, Community Engagement Committee, Prosper Youth Sports Commission, Proser Independent School District, the faith community, Downtown Business Alliance, Mayor’s Youth Advisory Council, Homeowners Association leadership, families with children with special needs, and the cricket community. This committee will attend four quarterly meetings led by the consultant, Dunaway Associates. The Parks and Recreation Board approved and recommended the proposed committee members to the Town Council. In addition, two focus groups will also be formed as part of the public input process. The invitees are still being discussed; however, the Parks and Recreation Board did approve the stakeholder groups recommended. The Town Council discussed the diversity of the committee and expressed their appreciation for those individuals that are participating. 13. Discuss and consider Town Council Subcommittee reports. (DFB) Page 12 Item 4. Page 6 of 7 Councilmember Cotten provided a Capital Improvement Projects (CIP) Subcommittee report recapturing items noted during the work session. Mayor Pro-Tem Andres provided a Legislative Subcommittee report noting the Town’s participation with the TML Legislative Process as we move into the primary season. Councilmember Bartley provided a Downtown Advisory Committee report noting the committee is receiving cost estimates for arches and continue to vet projects based on cost projections. To date, $19,000 funds are committed to projects. Councilmembers Bartley and Hodges provided a Community Engagement Committee update noting the discussions regarding the mobile app and working with the vendor to find solutions to use it for push notifications for alerts, etc. 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. Section 551.074 - To discuss appointments to the Upper Trinity Regional Water District Board of Directors, and all matters incident and related thereto. Section 551.071 - To consult with the Town Attorney regarding legal issues associated with code enforcement activities and substandard structures, and all matters incident and related thereto. Section 551.074 - To discuss and consider personnel matters, including the annual evaluation of the Town Manager, Town Attorney and the Municipal Judge, and all matters incident and related thereto. The Town Council recessed into Executive Session at 7:35 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 9:01 p.m. Mayor Pro-Tem Andres made a motion to appoint George Dupont to the Upper Trinity Regional Water District Board of Directors. Councilmember Hodges seconded that motion. Motion carried with a 6-0 vote. Adjourn. Page 13 Item 4. Page 7 of 7 The meeting was adjourned at 9:02 p.m. These minutes were approved on the 27th day of February 2024. APPROVED: David F. Bristol, Mayor ATTEST: Michelle Lewis Sirianni, Town Secretary Page 14 Item 4. Page 1 of 1 To: Mayor and Town Council From: Michelle Lewis Sirianni, Town Secretary Through: Mario Canizares, Town Manager Robyn Battle, Executive Director Re: Canceling May General Election Town Council Meeting – February 27, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon an ordinance canceling the May 4, 2024, General Election. Description of Agenda Item: In accordance with the Texas Election Law, the filing period deadline for casting a place on the May 4, 2024, ballot was Friday, February 16 and the write-in deadline was Tuesday, February 20. No other applications for a place on the ballot were received other than current Mayor Pro-Tem Craig Andres, Place 2, and Cameron Reeves for Place 6; therefore, allowing t he Town to cancel the General Election. Budget Impact: Due to canceling, the Town will see cost savings in Election Expenses funded through account 100-5460-10-02. 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. Ordinance: English & Spanish 2. Certification of Unopposed Candidates Town Staff Recommendation: Town Staff recommends the Town Council approve an ordinance canceling the May 4, 2024, General Election. Proposed Motion: I move to approve an ordinance canceling the May 4, 2024, General Election. TOWN SECRETARY Page 15 Item 5. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2024-XX AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, CANCELING THE GENERAL ELECTION SCHEDULED TO BE HELD ON THE MAY 4, 2024, FOR THE PURPOSE OF ELECTING COUNCILMEMBER PLACE 2 AND COUNCILMEMBER PLACE 6; DECLARING EACH UNOPPOSED CANDIDATE ELECTED TO OFFICE; ORDERING THE POSTING OF THIS ORDINANCE AT TOWN HALL ON ELECTION DAY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ordinance No. 2024-18, was adopted by the Town Council on February 13, 2024, for the purpose of electing Councilmember Place 2 and Councilmember Place 6 to the Prosper Town Council; and WHEREAS, the election is for officers of the Town in which write-in votes may be counted only for names appearing on a list of write-in candidates and in which each candidate whose name is to appear on the ballot is unopposed; and WHEREAS, the filing deadlines for name placement on the ballot and declaration of write- in candidacy have passed; and WHEREAS, the Town Council has received the Town Secretary’s certification that each candidate is unopposed for the election; and, WHEREAS, Section 2.053(a) of the Texas Election Code authorizes the governing body to declare each unopposed candidate elected to office and to cancel the election. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1. The General Election for the purpose of electing Councilmember Place 2 and Council Place 6 previously called for May 4, 2024, is hereby canceled. SECTION 2. The following candidates, who are unopposed for the May 4, 2024, General Election, are hereby declared elected to office and shall be issued a certificate of election: Councilmember Place 2 Craig Andres Councilmember Place 6 Cameron M. Reeves SECTION 3. Pursuant to Section 2.053 of the Texas Election Code, the Town Secretary shall post a copy of this ordinance on Election Day, at the polling place used or that would have been used in the election. SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance or of the code of Ordinances, as amended hereby, be adjudged or held to be void or Page 16 Item 5. Ordinance No. 2024-XX, Page 2 unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 5. This ordinance shall take effect immediately in accordance with the provisions of the Charter of the Town of Prosper, and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, COLLIN AND DENTON COUNTIES, TEXAS, ON THIS THE 27TH DAY OF FEBRUARY, 2024. APPROVED: ______________________________ David F. Bristol, Mayor ATTEST: __________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Page 17 Item 5. CUIDAD DE PROSPER, TEXAS ORDENANZA NO. 2024-XX UNA ORDENANZA DEL CONCEJO MUNICIPAL DE LA CUIDAD DE PROSPER, TEXAS, QUE CANCELA LAS ELECCIONES GENERALES PROGRAMADAS PARA EL 4 DE MAYO DE 2024, CON EL FIN DE ELEGIR AL CONCEJAL LUGAR 2 Y AL CONCEJAL LUGAR 6; DECLARAR A CADA CANDIDATO SIN OPOSICIÓN ELEGIDO PARA EL CARGO; ORDENAR LA PUBLICACIÓN DE ESTA ORDENANZA EN EL AYUNTAMIENTO EL DÍA DE LAS ELECCIONES; PROPORCIONAR UNA CLÁUSULA DE DIVISIBILIDAD; Y PREVIENDO UNA FECHA EFECTIVA. MIENTRAS, la Ordenanza Núm. 2024-18, fue adoptada por el Concejo Municipal el 13 de febrero de 2024, con el propósito de elegir al Concejal Lugar 2 y al Concejal Lugar 6 para el Concejo Municipal de Prosper; y MIENTRAS, la elección es para funcionarios de la cuidad en la que los votos por escrito se pueden contar solo para los nombres que aparecen en una lista de candidatos por escrito y en la que cada candidato cuyo nombre debe aparecer en la boleta no tiene oposición; y MIENTRAS, han pasado los plazos de presentación para la colocación del nombre en la boleta y la declaración de candidatura por escrito; y MIENTRAS, el Consejo Municipal ha recibido la certificación del Secretario del Pueblo de que cada candidato no tiene oposición para la elección; y, MIENTRAS, la sección 2.053(a) del Código Electoral de Texas autoriza al órgano rector a declarar elegido para el cargo a cada candidato sin oposición ya cancelar la elección. AHORA, POR LO TANTO, EL CONCEJO DE LA CUIDUAD DE LA CUIDAD DE PROSPER, TEXAS, ORDENA QUE: SECCIÓN 1 Por la presente se cancela la Elección General con el propósito de elegir al Concejal Lugar 2 y el Concejo Lugar 6 convocada anteriormente para el 4 de mayo de 2024. SECCIÓN 2 Los siguientes candidatos, que no tienen oposición para las Elecciones Generales del 4 de mayo de 2024, son declarados elegidos para el cargo y se les emitirá un certificado de elección: Miembro del Consejo Lugar 2 Craig Andres Miembero del Consejo Lugar 6 Cameron M. Reeves SECCIÓN 3 De conformidad con la Sección 2.053 del Código Electoral de Texas, el Secretario del Pueblo publicará una copia de esta ordenanza el Día de la Elección, en el lugar de votación utilizado o que se hubiera utilizado en la elección. Page 18 Item 5. Ordenanza No. 2024-XX, Página 2 SECCIÓN 4 Si alguna palabra, oración, párrafo, subdivisión, cláusula, frase o sección de esta ordenanza o del código de Ordenanzas, según enmendado por la presente, se declara nula o inconstitucional, esto no afectará la validez de las partes restantes. de dicha ordenanza o el Código de Ordenanzas, según enmendado por la presente, que permanecerá en pleno vigor y efecto. SECCIÓN 5 Esta ordenanza y la orden para una Elección General entrarán en vigencia a partir de la aprobación de esta ordenanza. DEBIDAMENTE APROBADO Y APROBADO POR EL CONCEJO DE LA CUIDAD DE LOS CONDADOS DE PROSPER, COLLIN Y DENTON, TEXAS, EL DÍA 27 DE FEBRERO DE 2024. AP ROBADO: ______________________________ David F. Bristol, Alcalde DOY FE: ________________________________________ Michelle Lewis Sirianni, Secretaria de la Cuidad APROBADO EN FORMA Y LEGALIDAD: ____________________________________ Terrence S. Welch, Abogado de la Cuidad Page 19 Item 5. CERTIFICATION OF UNOPPOSED CANDIDATES FOR OTHER POLITICAL SUBDIVISIONS (NOT COUNTY) CERTIFICACIÓN DE CANDIDATOS NO PROPUESTOS PARA OTRAS SUBDIVISIONES POLÍTICAS (NO DEL CONDADO) To: Mayor Bristol Para: Alcalde Bristol As the authority responsible for having the official ballot prepared, I hereby certify that the following candidates are unopposed for the election to office for the General Election scheduled to be held on Saturday, May 4, 2024. Como autoridad responsable de tener preparada la boleta oficial, certifico que los siguientes candidatos no tienen oposición para la elección al cargo para la elección general programada para el sábado 4 de mayo de 2024. Office(s) Cargo(s) Candidate(s) Candidato(s) Town Council, Place 2 Craig Andres Town Council, Place 6 Cameron M. Reeves __________________________________ Signature (Firma) Michelle Lewis Sirianni_______________ Printed name (Nombre en letra de molde) Town Secretary_______________________ Title (Puesto) February 21, 2024______________________ Date (Fecha) (Seal) (sello) Page 20 Item 5. Page 1 of 2 To: Mayor and Town Council From: Chris Landrum, Finance Director Through: Mario Canizares, Town Manager Bob Scott, Deputy Town Manager Re: January 2024 Monthly Financial Report Town Council Meeting – February 27, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider acceptance of the January 2024 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 January 2024 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. Monthly Financial Report – January 31, 2024 Town Staff Recommendation: Town staff recommends Town Council vote to accept submission of the Monthly Financial Report for the period January 2024 in compliance with the requirements of the Town Charter. FINANCE Page 21 Item 6. Page 2 of 2 Proposed Motion: I move to accept the January 2024 Monthly Financial Report in compliance with charter requirements. Page 22 Item 6. MONTHLY FINANCIAL REPORT as of January 31, 2024 Cash/Budgetary Basis Prepared by Finance Department February 27, 2024 Page 23 Item 6. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT January 2024 Table of Contents General Fund 3 General Fund Charts 4 - 7 Crime Control and Prevention Special Purpose District 8 Fire Control, Prevention, and Emergency Medical Services Special Purpose District 9 TIRZ #1 - Blue Star 10 TIRZ #2 11 Debt Service Fund 12 Special Revenue Fund 13 Park Dedication and Improvement Fund 14 East Thoroughfare Impact Fees Fund 15 West Thoroughfare Impact Fees Fund 16 Water Impact Fees Fund 17 Wastewater Impact Fees Fund 18 Impact Fee Chart 19 Vehicle and Equipment Replacement Fund 20 Health Insurance Fund 21 Water-Sewer Fund 22 - 23 Water-Sewer Fund Charts 24 - 26 Storm Drainage Utility Fund 27 Solid Waste Fund 28 Solid Waste Fund Chart 29 Capital Projects Fund-General 30 - 31 Capital Projects Fund-Water/Sewer 32 Page 24 Item 6. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Amendment Budget YTD Actuals Encumbrances Budget Balance YTD Percent Note YTD Actuals Prior Year REVENUES Property Taxes 21,146,121$ -$ 21,146,121$ 17,563,638$ -$ 3,582,483$ 83%1 19,241,198$ -9% Sales Taxes 11,091,492 - 11,091,492 3,760,243 - 7,331,249 34%3,240,643 16% Franchise Fees 3,221,816 - 3,221,816 962,321 - 2,259,495 30%2 427,222 125% Building Permits 3,700,000 - 3,700,000 1,703,028 - 1,996,972 46%1,141,872 49% Other Licenses, Fees & Permits 2,180,050 - 2,180,050 669,489 - 1,510,561 31%392,930 70% Charges for Services 1,296,023 - 1,296,023 353,160 - 942,863 27%316,887 11% Fines & Warrants 300,500 - 300,500 144,081 - 156,419 48%126,899 14% Intergovernmental Revenue (Grants)37,840 - 37,840 1,631 - 36,209 4%121,318 -99% Interest Income 750,000 - 750,000 262,506 - 487,494 35%172,817 52% Miscellaneous 63,751 - 63,751 46,951 - 16,800 74%33,575 40% Park Fees 814,100 - 814,100 120,119 - 693,981 15%151,656 -21% Transfers In 1,297,102 6,084 1,303,186 481,049 - 822,137 37%411,778 17% Total Revenues 45,898,795$ 6,084$ 45,904,879$ 26,068,216$ -$ 19,836,663$ 57%25,778,794$ 1% EXPENDITURES Administration 9,991,267$ 252,435$ 10,243,702$ 3,166,502$ 1,169,519$ 5,907,681$ 42%2,318,193$ 37% Police 9,595,898 416,623 10,012,521 2,545,711 666,535 6,800,274 32%2,073,084 23% Fire/EMS 10,562,840 (2,028) 10,560,812 3,571,735 285,702 6,703,375 37%3,018,870 18% Public Works 4,567,242 90,681 4,657,923 861,291 483,258 3,313,374 29%1,140,089 -24% Community Services 7,486,803 (82,846) 7,403,958 2,080,442 514,329 4,809,186 35%1,648,157 26% Development Services 4,139,855 (559) 4,139,296 994,835 75,912 3,068,549 26%995,176 0% Engineering 2,684,047 15,613 2,699,660 775,447 66,800 1,857,414 31%712,093 9% Transfers Out - 140,000 140,000 140,000 - - 100%1,945,121 -93% Total Expenses 49,027,952$ 829,920$ 49,857,872$ 14,135,963$ 3,262,055$ 32,459,854$ 35%13,850,783$ 2% REVENUE OVER (UNDER) EXPENDITURES (3,129,157)$ (823,836)$ (3,952,993)$ 11,932,253$ 11,928,010$ Beginning Fund Balance October 1 15,011,987 15,011,987 Ending Fund Balance 11,058,994$ 26,944,241$ 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 = $9,586,518 (21%). TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT January 31, 2023 Expected Year to Date Percent 33.33% GENERAL FUND 3 Page 25 Item 6. $17,563,638 3,760,243 962,321 1,703,028 $19,241,198 3,240,643 427,222 1,141,872 $- $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 4 Page 26 Item 6. 0 $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 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 19/20 FY 20/21 FY 21/22 FY22/23 FY23/24 5 Page 27 Item 6. 83% 34% 30% 46% 31% 27% 4% Property Taxes Sales Taxes Franchise Fees Building Permits Other Licenses, Fees & Permits Charges for Services Intergovernmental Revenue (Grants) 0%20%40%60%80%100% GENERAL FUND YTD REVENUE % OF ANNUAL BUDGET 6 Page 28 Item 6. $49.858 $16.619 $14.136 $45.905 $15.302 $26.068 $- $10 $20 $30 $40 $50 $60 Total Budget YTD Budget YTD Actual In Millions General Fund Revenues and Expenditures Revenues Expenditures 7 Page 29 Item 6. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Amendment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Sales Tax - Town 3,060,806$ -$ 3,060,806$ 996,373$ -$ 2,064,433$ 33%858,760$ 16% Interest Income 1,200 - 1,200 - - 1,200 0%181 -100% Other - - - - - - 0%- 0% Total Revenue 3,062,006$ -$ 3,062,006$ 996,373$ -$ 2,065,633$ 33%858,941$ 16% EXPENDITURES Personnel 3,167,364$ -$ 3,167,364$ 1,151,673$ -$ 2,015,691$ 36%927,215$ 24% Other 1,200 - 1,200 7,350 - (6,150) 612%(9,299) -179% Total Expenditures 3,168,564$ -$ 3,168,564$ 1,159,023$ -$ 2,009,541$ 37%917,916$ 26% REVENUE OVER (UNDER) EXPENDITURES (106,558)$ -$ (106,558)$ (162,650)$ (58,975)$ Beginning Fund Balance October 1 210,707 210,707 302,439 Ending Fund Balance Current Month 104,149$ 48,057$ 243,464$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT January 31, 2023 Expected Year to Date Percent 33.33% CRIME CONTROL AND PREVENTION SPECIAL PURPOSE DISTRICT 8 Page 30 Item 6. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Amendment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Sales Tax - Town 3,060,806$ -$ 3,060,806$ 1,000,365$ -$ 2,060,441$ 33%857,709$ 17% Interest Income 600 - 600 1,554 - (954) 259%613 153% Other - - - - - - 0%- 0% Total Revenue 3,061,406$ -$ 3,061,406$ 1,001,919$ -$ 2,059,487$ 33%858,322$ 17% EXPENDITURES Personnel 3,026,823$ -$ 3,026,823$ 900,776$ -$ 2,126,047$ 30%824,020$ 9% Other 2,400 - 2,400 7,350 - (4,950) 306%(9,299) -179% Total Expenditures 3,029,223$ -$ 3,029,223$ 908,126$ -$ 2,121,097$ 30%814,721$ 11% REVENUE OVER (UNDER) EXPENDITURES 32,183$ -$ 32,183$ 93,793$ 43,601$ Beginning Fund Balance October 1 495,556 495,556 203,982 Ending Fund Balance Current Month 527,739$ 589,350$ 247,583$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT January 31, 2023 Expected Year to Date Percent 33.33% FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES SEPCIAL PURPOSE DISTRICT 9 Page 31 Item 6. Original Budget Amended Current Year Current Remaining Prior Year Change from Budget Amendment Budget YTD Actual Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Impact Fee Revenue: Water Impact Fees -$ -$ -$ -$ -$ 0%-$ 0% Wastewater Impact Fees 750,000 - 750,000 149,566 600,434 20%40,191 272% East Thoroughfare Impact Fees - - - - - 0%- 0% Property Taxes - Town (Current)1,108,174 - 1,108,174 - 1,108,174 0%- 0% Property Taxes - Town (Rollback)- - - - - 0%- 0% Property Taxes - County (Current)236,601 - 236,601 - 236,601 0%- 0% Sales Taxes - Town 1,372,209 - 1,372,209 314,282 1,057,927 23%307,274 2% Sales Taxes - EDC 1,149,225 - 1,149,225 263,211 886,014 23%257,342 2% Interest Income 6,000 - 6,000 18,045 (12,045) 301%10,808 67% Transfer In - - - - - 0%- 0% Total Revenue 4,622,209$ -$ 4,622,209$ 745,105$ 3,877,104$ 16%615,615$ 21% EXPENDITURES Professional Services 6,000$ -$ 6,000$ -$ 6,000$ 0%-$ 0% Developer Rebate 4,616,209 - 4,616,209 - 4,616,209$ 0%- 0% Transfers Out - - - - -$ 0%- 0% Total Expenses 4,622,209$ -$ 4,622,209$ -$ 4,622,209$ 0%-$ 0% REVENUE OVER (UNDER) EXPENDITURES -$ 745,105$ 615,615$ Beginning Fund Balance October 1 989,032 989,032 301,260 Ending Fund Balance Current Month 989,032$ 1,734,136$ 916,875$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT January 31, 2023 Expected Year to Date Percent 33.33% TIRZ #1 - BLUE STAR 10 Page 32 Item 6. Original Budget Amended Current Year Current Remaining Prior Year Change from Budget Amendment Budget YTD Actual Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Property Taxes - Town (Current)39,537$ -$ 39,537$ -$ 39,537$ 0%-$ 0% Property Taxes - Town (Rollback)- - - - - 0%- 0% Property Taxes - County (Current)8,441 - 8,441 - 8,441 0%- 0% Sales Taxes - Town - - - - - 0%- 0% Sales Taxes - EDC - - - - - 0%- 0% Interest Income 1,200 - 1,200 406 794 34%181 124% Total Revenue 49,178$ -$ 49,178$ 406$ 48,772$ 1%181$ 124% EXPENDITURES Professional Services -$ -$ -$ -$ -$ 0%-$ 0% Developer Rebate 49,178 - 49,178 - 49,178 0%- 0% Transfers Out - - - - - 0%- 0% Total Expenditures 49,178$ -$ 49,178$ -$ 49,178$ 0%-$ 0% REVENUE OVER (UNDER) EXPENDITURES -$ 406$ 181$ Beginning Fund Balance October 1 25,501 25,501 25,189 Ending Fund Balance Current Month 25,501$ 25,907$ 25,370$ TIRZ #2 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT January 31, 2023 Expected Year to Date Percent 33.33% 11 Page 33 Item 6. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Amendment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Property Taxes-Delinquent 75,000$ -$ 75,000$ 166,881$ -$ (91,881)$ 223%61,448$ 172% Property Taxes-Current 15,069,531 - 15,069,531 13,261,301 - 1,808,230 88%1 10,429,204 27% Taxes-Penalties 40,000 - 40,000 4,025 - 35,975 10%5,003 -20% Interest Income 20,000 - 20,000 102,204 - (82,204) 511%40,803 150% Transfer In - - - - - - 0%- 0% Total Revenues 15,204,531$ -$ 15,204,531$ 13,534,410$ -$ 1,670,121$ 89%10,536,458$ 28% EXPENDITURES Professional Services -$ -$ -$ -$ -$ -$ 0%-$ 0% Bond Administrative Fees 20,000 - 20,000 1,000 - 19,000 5%500 100% 2013 GO Refunding Bond 185,000 (185,000) - - - - 0%- 0% 2014 GO Bond Payment 335,000 - 335,000 - - 335,000 0%- 0% 2015 GO Bond Payment 1,365,700 - 1,365,700 - - 1,365,700 0%- 0% 2015 CO Bond Payment 475,000 - 475,000 - - 475,000 0%- 0% 2016 GO Debt Payment - - - - - - 0%- 0% 2016 CO Debt Payment 90,000 - 90,000 - - 90,000 0%- 0% 2017 CO Debt Payment 450,000 - 450,000 - - 450,000 0% 2 - 0% 2018 GO Debt Payment 150,000 - 150,000 - - 150,000 0%- 0% 2018 CO Debt Payment 500,000 - 500,000 - - 500,000 0%- 0% 2019 CO Debt Payment 340,022 - 340,022 - - 340,022 0%- 0% 2019 GO Debt Payment 165,000 - 165,000 - - 165,000 0%- 0% 2020 CO Debt Payment 265,000 - 265,000 - - 265,000 0%- 0% 2021 CO Debt Payment 260,000 - 260,000 - - 260,000 0%- 0% 2021 GO Debt Payment 1,290,000 - 1,290,000 - - 1,290,000 0%- 0% 2022 GO Debt Payment 2,289,052 (2,633,450) (344,398) - - (344,398) 0%- 0% 2023 GO Debt Payment - 2,055,000 2,055,000 - - 2,055,000 0%- 0% 2023 GO Refunding Debt Payment - 175,000 175,000 - - 175,000 0%- 0% Bond Interest Expense 6,772,662 1,383,880 8,156,542 - - 8,156,542 0%- 0% Total Expenditures 14,952,436$ 795,430$ 15,747,866$ 1,000$ -$ 15,746,866$ 0%500$ 100% REVENUE OVER (UNDER) EXPENDITURES 252,095$ (795,430)$ (543,335)$ 13,533,410$ 10,535,958$ Beginning Fund Balance October 1 1,330,265 1,330,265 2,619,367 Ending Fund Balance Current Month 786,930$ 14,863,676$ 13,155,325$ 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 January 31, 2023 Expected Year to Date Percent 33.33% DEBT SERVICE FUND 12 Page 34 Item 6. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Amendment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Police Donation Revenue 15,500$ -$ 15,500$ 5,536$ -$ 9,964$ 36%5,455$ 1% Fire Donation Revenue 15,500 - 15,500 5,320 - 10,180 34%5,145 3% Child Safety Revenue 28,000 - 28,000 - - 28,000 0%- 0% Court Security Revenue 8,000 - 8,000 4,358 - 3,642 54%3,886 12% Court Technology Revenue 7,500 - 7,500 3,604 - 3,896 48%3,233 11% Municipal Jury revenue 150 - 150 87 - 63 58%77 13% Interest Income 2,425 - 2,425 31,380 - (28,955) 1294%5,318 490% Interest Income CARES/ARPA Funds 180,000 - 180,000 100,687 - 79,313 56%44,190 128% Tree Mitigation - - - 43,265 - (43,265) 0%244,038 -82% Escrow Income - - - - - - 0%- 0% Cash Seizure Forfeit - - - 1,667 - (1,667) 0%- 0% Miscellaneous 3,000 - 3,000 - - 3,000 0%- 0% CARES Act/ARPA Funding 6,102,367 - 6,102,367 - - 6,102,367 0%- 0% Transfer In - - - - - - 0%- 0% Total Revenue 6,362,442$ -$ 6,362,442$ 195,904$ -$ 6,166,538$ 3%311,340$ -37% EXPENDITURES LEOSE Expenditure 6,500$ -$ 6,500$ 3,955$ -$ 2,545$ 61%3,300$ 20% Court Technology Expense 13,950 - 13,950 - - 13,950 0%- 0% Court Security Expense 16,860 - 16,860 - - 16,860 0%50 -100% Police Donation Expense 26,872 - 26,872 333 - 26,539 1%- 0% Fire Donation Expense 10,000 - 10,000 - - 10,000 0%- 0% Child Safety Expense 3,000 - 3,000 230 - 2,770 8%2,253 -90% Tree Mitigation Expense - - - - - - 0%- 0% Police Seizure Expense 12,995 - 12,995 - - - 0%- 0% CARES Act/ARPA Funding - - - - - - 0%- 0% Transfer Out (ARPA Funds)6,348,861 - 6,348,861 - - 6,348,861 0%- 0% Transfer Out (Tree Mitigation Funds)- - - 200,000 - (200,000) 0%- 0% Transfer Out (Escrow Funds)- - - - - - 0%- 0% Total Expenses 6,439,038$ -$ 6,439,038$ 204,518$ -$ 6,221,525$ 3%5,603$ 3550% REVENUE OVER (UNDER) EXPENDITURES (76,596)$ -$ (76,596)$ (8,614)$ 305,737$ Beginning Fund Balance October 1 2,353,529 2,353,529 567,535 Ending Fund Balance Current Month 2,276,933$ 2,344,916$ 873,272$ Notes TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT January 31, 2023 Expected Year to Date Percent 33.33% SPECIAL REVENUE FUNDS 13 Page 35 Item 6. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Amendment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES 60-4 Park Dedication-Fees 300,000$ -$ 300,000$ 273,806$ -$ 26,194$ 91%-$ 0% 60-4 Park Improvements 220,000 - 220,000 243,396 - (23,396) 111%- 0% Contributions/Grants - - - - - - 0%- 0% 60-4 Interest-Park Dedication 2,000 - 2,000 7,390 - (5,390) 369%6,810 9% 60-4 Interest-Park Improvements 4,050 - 4,050 13,082 - (9,032) 323%8,781 49% Park Dedication - Transfers In - - - - - - - 0%- 0% Total Revenue 526,050$ -$ 526,050$ 537,674$ -$ (11,624)$ 102%15,592$ 3348% EXPENDITURES Pecan Grove Park - 5,200 5,200 5,200 - - 100%- 0% Capital Project 800,000 - 800,000 - - 800,000 0%- 0% Land Acquisition 913,800 (913,800) - - - - 0%- 0% Transfers Out - 2,063,800 2,063,800 1,313,800 - 750,000 64%- 0% Total Expenses 1,713,800$ 1,155,200$ 2,869,000$ 1,319,000$ -$ 1,550,000$ 46%-$ 0% REVENUE OVER (UNDER) EXPENDITURES (1,187,750)$ (1,155,200)$ (2,342,950)$ (781,326)$ 15,592$ Beginning Fund Balance October 1 2,316,978 2,316,978 Ending Fund Balance Current Month (25,972)$ 1,535,652$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT January 31, 2023 Expected Year to Date Percent 33.33% PARK DEDICATION AND IMPROVEMENT FUNDS 14 Page 36 Item 6. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Amendment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES East Thoroughfare Impact Fees 1,200,000$ -$ 1,200,000$ 281,059$ East Thoroughfare Other Revenue - - - - Interest-East Thoroughfare Impact Fees 100,000 - 100,000 42,877 Total Revenues 1,300,000$ -$ 1,300,000$ 323,937$ EXPENDITURES Developer Reimbursements FM 1461 (SH289-CR 165)175,000$ 175,000$ -$ 175,000$ 77,074$ -$ 97,927$ 97,927$ Cambridge Park Estates 250,000 250,000 - 250,000 - - 250,000 250,000 Total Developer Reimbursements 425,000$ 425,000$ -$ 425,000$ 77,074$ -$ 347,927$ -$ 347,927$ Capital Expenditures Coit Road (First - Frontier)1,289,900 50,000 364,726 414,726 438 361,102 53,187 925,776 2,585 Impact Fee Study 50,000 - 44,167 44,167 189 43,978 - 8,646 (2,813) Total Projects 1,339,900$ 50,000$ 408,893$ 458,893$ 627$ 405,080$ 53,187$ 934,422$ (228)$ Transfer to Capital Project Fund 1,820,000 - - - - - 1,820,000 Total Transfers Out 1,820,000$ -$ -$ -$ -$ -$ -$ -$ 1,820,000$ Total Expenditures 3,584,900$ 475,000$ 408,893$ 883,893$ 77,700$ 405,080$ 401,113$ 934,422$ 2,167,698$ REVENUE OVER (UNDER) EXPENDITURES 416,107$ 246,236$ Beginning Fund Balance October 1 2,551,734 2,551,734 Ending Fund Balance Current Month 2,967,841$ 2,797,970$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT January 31, 2023 EAST THOROUGHFARE IMPACT FEES FUND 15 Page 37 Item 6. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Amendment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES West Thoroughfare Impact Fees 4,000,000 - 4,000,000 1,535,001 West Thoroughfare Other Revenue - - - - Interest-West Thoroughfare Impact Fees 150,000 - 150,000 94,039 Total Revenues 4,150,000$ -$ 4,150,000$ 1,629,040$ EXPENDITURES Developer Reimbursements Parks at Legacy Developer Reimb 450,000 450,000 - 450,000 225,759 224,241 224,241 Star Trail Developer Reimb 1,500,000 1,500,000 - 1,500,000 - 1,500,000 1,500,000 Tellus Windsong Developer Reimb 571,668 571,668 - 571,668 - 571,668 571,668 Legacy Garden Developer Reimb 103,492 103,492 - 103,492 - 103,492 103,492 Total Developer Reimbursements 2,625,160$ 2,625,160$ -$ 2,625,160$ 225,759$ -$ 2,399,401$ -$ 2,399,401$ Capital Expenditures Impact Fee Study 50,000 50,000 (2,813) 47,187 - - 47,187 50,000 Impact Fee Study 41,354 - 44,167 44,167 189 43,978 - (2,813) Fishtrap (Elem-DNT)300,000 300,000 - 300,000 - - 300,000 300,000 Teel - 380 Intersect 300,000 300,000 - 300,000 - - 300,000 300,000 Total Projects 691,354$ 650,000$ 41,354$ 691,354$ 189$ 43,978$ 647,187$ -$ 647,187$ Transfer to Capital Project Fund - - - - - - - Total Transfers Out -$ -$ -$ -$ -$ -$ -$ -$ -$ Total Expenditures 3,316,514$ 3,275,160$ 41,354$ 3,316,514$ 225,948$ 43,978$ 3,046,588$ -$ 3,046,588$ REVENUE OVER (UNDER) EXPENDITURES 833,486$ 1,403,093$ Beginning Fund Balance October 1 4,678,905 4,678,905 Ending Fund Balance Current Month 5,512,391$ 6,081,998$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT January 31, 2023 WEST THOROUGHFARE IMPACT FEES FUND 16 Page 38 Item 6. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Amendment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES Impact Fees Water 3,250,000$ -$ 3,250,000$ 1,037,163$ Interest Income 200,000 - 200,000 126,981 Total Revenues 3,450,000$ -$ 3,450,000$ 1,164,144$ EXPENDITURES Developer Reimbursements Cambridge Park Estates -$ -$ -$ -$ -$ -$ -$ Parks at Legacy Developer Reimb 319,981 319,981 - 319,981 - 319,981 319,981 Star Trail Developer Reimb 412,192 412,192 - 412,192 - 412,192 412,192 Victory at Frontier Developer Reimb 128,471 128,471 - 128,471 - 128,471 128,471 Westside Developer Reimb 300,000 300,000 - 300,000 - 300,000 300,000 TVG Windsong Developer Reimb 1,020,000 1,020,000 - 1,020,000 - 1,020,000 1,020,000 Total Developer Reimbursements 2,180,644$ 2,180,644$ -$ 2,180,644$ -$ -$ 2,180,644$ -$ 2,180,644$ Capital Expenditures 12" Water Line - DNT 200,000$ 24,250$ 58,393$ 82,643$ 6,796$ 28,393$ 47,454$ 133,107$ 90,098$ Lower Pressure Plane 3,100,000 3,100,000 (3,100,000) - - - - - Lower Pressure Plane Easements 1,500,000 - - - - - - 95 1,499,905 Impact Fee Study 100,000 100,000 58,239 158,239 13,888 49,977 94,373 41,761 52,612 Total Projects 4,900,000$ 3,224,250$ (2,983,367)$ 240,883$ 20,684$ 78,370$ 141,828$ 174,962$ 1,642,615$ Transfer to CIP Fund - - 3,100,000 3,100,000 - - 3,100,000 - 3,100,000$ Total Transfers Out -$ -$ 3,100,000$ 3,100,000$ -$ -$ 3,100,000$ -$ 3,100,000$ Total Expenditures 7,080,644$ 5,404,894$ 116,633$ 5,521,527$ 20,684$ 78,370$ 5,422,472$ 174,962$ 6,923,259$ REVENUE OVER (UNDER) EXPENDITURES (2,071,527)$ 1,143,459$ Beginning Fund Balance October 1 7,133,053 7,133,053 Ending Fund Balance Current Month 5,061,527$ 8,276,513$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT January 31, 2023 WATER IMPACT FEES FUND 17 Page 39 Item 6. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Amendment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES Impact Fees Wastewater 2,000,000$ -$ 2,000,000$ 553,912$ Interest Income 100,000 - 100,000 53,100 Upper Trinity Equity Fee 300,000 - 300,000 84,500 Total Revenues 2,400,000$ -$ 2,400,000$ 691,512$ EXPENDITURES Developer Reimbursements TVG Westside Utility Developer Reimb 222,502$ 222,502$ -$ 222,502$ -$ 222,502$ 222,502$ Prosper Partners Utility Developer Reimb 100,000 100,000 - 100,000 - 100,000 100,000 Frontier Estates Developer Reimb - - - - 683 (683) (683) LaCima Developer Reimb 150,000 150,000 - 150,000 - 150,000 150,000 Brookhollow Developer Reimb 152,146 152,146 - 152,146 90,304 61,842 61,842 TVG Windsong Developer Reimb 650,000 650,000 - 650,000 - 650,000 650,000 All Storage Developer Reimb 168,732 168,732 - 168,732 - 168,732 168,732 Legacy Garden Developer Reimb 86,711 86,711 - 86,711 - 86,711 86,711 Total Developer Reimbursements 1,530,091$ 1,530,091$ -$ 1,530,091$ 90,987$ -$ 1,439,104$ -$ 1,439,104$ Capital Expenditures Doe Branch Wastewater Lines 975,000$ 212,000$ 669,859$ 881,859$ 38$ 573,007$ 308,814$ 275,380$ 126,575$ Impact Fee Study 100,000 - 74,186 74,186 13,888 60,297 - 41,761 (15,947) Total Projects 1,075,000$ 212,000$ 744,045$ 956,045$ 13,926$ 633,304$ 308,814$ 317,141$ 110,629$ Transfer to CIP Fund - - - - - - - - Total Transfers Out -$ -$ -$ -$ -$ -$ -$ -$ -$ Total Expenditures 2,605,091$ 1,742,091$ 744,045$ 2,486,136$ 104,913$ 633,304$ 1,747,918$ 317,141$ 1,549,733$ REVENUE OVER (UNDER) EXPENDITURES (86,136)$ 586,599$ Beginning Fund Balance October 1 2,643,495 2,643,495 Ending Fund Balance Current Month 2,557,359$ 3,230,095$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT January 31, 2023 WASTEWATER IMPACT FEES FUND 18 Page 40 Item 6. WATER WASTEWATER EAST THOROUGHFARE WEST THOROUGHFARE ANNUAL BUDGET $3,250,000 $2,000,000 $1,200,000 4,000,000 YTD ACTUAL $1,037,163 $553,912 $281,059 $1,535,001 % OF BUDGET 32%28%23%38% 32% 28% 23% 38% $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 $4,000,000 $4,500,000 IMPACT FEE REVENUE YTD Actual to Annual Budget 19 Page 41 Item 6. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Amendment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Grant Revenue -$ -$ -$ -$ -$ -$ 0%-$ 0% Other Reimbursements 150,000 - 150,000 - - 150,000 0%- 0% Interest Income 250,000 - 250,000 83,964 - 166,036 34%32,024 162% Charges for Services 1,478,966 - 1,478,966 492,989 - 985,977 33%461,752 7% Total Revenue 1,878,966$ -$ 1,878,966$ 576,953$ -$ 1,302,013$ 31%493,776$ 17% EXPENDITURES Vehicle Replacement 772,500$ 248,374$ 1,020,874$ 183,925$ 238,669$ 598,280$ 41%51,045$ 260% Equipment Replacement 203,870 241,152 445,022 40,870 412,674 (8,522) 102%9,461 332% Technology Replacement 145,200 - 145,200 33,074 8,954 103,172 29%- 0% Total Expenditures 1,121,570$ 489,525$ 1,611,095$ 257,869$ 660,297$ 692,929$ 57%60,506$ 326% REVENUE OVER (UNDER) EXPENDITURES 757,396$ (489,525)$ 267,871$ 319,083$ 433,270$ Beginning Fund Balance October 1 5,334,214 5,334,214 3,957,862 Ending Fund Balance Current Month 5,602,085$ 5,653,298$ 4,391,132$ Notes TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT January 31, 2023 Expected Year to Date Percent 33.33% VEHICLE AND EQUIPMENT REPLACEMENT FUND 20 Page 42 Item 6. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Amendment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Health Charges 4,871,808$ -$ 4,871,808$ 1,571,616$ -$ 3,300,192$ 32%1,287,714$ 22% Miscellaneous 250,000 - 250,000 3,993 - 246,007 2%417 858% Interest Income 5,000 - 5,000 9,067 - (4,067) 181%5,103 78% Total Revenue 5,126,808$ -$ 5,126,808$ 1,584,676$ -$ 3,542,132$ 31%1,293,234$ 23% EXPENDITURES Contractual Services 149,500$ -$ 149,500$ 24,074$ -$ 125,426$ 16%67,292$ -64% Employee Health Insurance 4,969,439 - 4,969,439 1,592,903 - 3,376,536 32%1,518,801 5% Total Expenditures 5,118,939$ -$ 5,118,939$ 1,616,977$ -$ 3,501,962$ 32%1,586,093$ 2% REVENUE OVER (UNDER) EXPENDITURES 7,869$ -$ 7,869$ (32,300)$ (292,860)$ Beginning Fund Balance October 1 389,018 389,018 552,615 Ending Fund Balance Current Month 396,887$ 356,718$ 259,756$ Notes TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT January 31, 2023 Expected Year to Date Percent 33.33% HEALTH INSURANCE FUND 21 Page 43 Item 6. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Amendment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Water Charges for Services 23,114,755$ -$ 23,114,755$ 6,021,059$ -$ 17,093,696$ 26%5,652,780$ 7% Sewer Charges for Services 11,892,552 - 11,892,552 3,606,553 - 8,285,999 30%3,395,419 6% Licenses, Fees & Permits 377,705 - 377,705 156,117 - 221,588 41%134,795 16% Utility Billing Penalties 186,900 - 186,900 96,756 - 90,144 52%72,117 34% Interest Income 350,000 - 350,000 206,511 - 143,489 59%92,829 122% Other 3,494,342 - 3,494,342 227,882 - 3,266,460 7%212,148 7% Transfer In - - - - - - 0 - 0% Total Revenues 39,416,254$ -$ 39,416,254$ 10,314,879$ -$ 29,101,376$ 26%9,560,089$ 8% EXPENDITURES Administration 1,138,944$ -$ 1,138,944$ 418,563$ 116,619$ 603,763$ 47%525,792$ -20% Debt Service 4,609,584 - 4,609,584 - - 4,609,584 0%1 - 0% Water Purchases 12,704,415 - 12,704,415 2,884,861 - 9,819,554 23%3,537,937 -18% Sewer Management Fee 4,560,895 - 4,560,895 1,599,463 - 2,961,432 35%1,495,153 7% Franchise Fee 689,851 - 689,851 229,950 - 459,901 33%176,509 30% Public Works 8,226,657 13,800 8,240,457 2,150,046 961,243 5,129,168 38%1,912,058 12% Transfer Out 9,255,356 4,056 9,259,412 469,569 - 8,789,843 5%388,496 21% Total Expenses 41,185,702$ 17,856$ 41,203,558$ 7,752,452$ 1,077,862$ 28,951,912$ 21%8,035,946$ -4% REVENUE OVER (UNDER) EXPENDITURES (1,769,448)$ (17,856)$ (1,787,304)$ 2,562,426$ 1,524,143$ Beginning Working Capital October 1 17,832,990 17,832,990 12,669,408 Ending Working Capital 16,045,686$ 20,395,416$ 14,193,551$ Notes 1 Annual debt service payments are made in February and August. 2 Minimum Ending Working Capital balance for FY23 = $8,278,513 (25%). TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT January 31, 2023 Expected Year to Date Percent 33.33% WATER-SEWER FUND 22 Page 44 Item 6. Jan-24 Jan-23 Growth % WATER SEWER WATER SEWER Change Four Year Cumulative # of Accts Residential 12,975 12,272 12,046 11,319 8.05%FY2024 FY2023 Average Average # of Accts Commercial 462 417 423 379 9.60%October 19,061 20,110 17,424 17,424 Consumption-Residential 96,135,500 79,322,226 97,035,840 79,880,873 -0.82%November 10,540 11,190 11,104 28,528 Consumption-Commercial 17,920,150 14,746,720 20,226,850 14,097,820 -4.83%December 8,003 6,273 7,256 35,784 Consumption-Commercial Irrigation 8,627,130 5,861,770 47.18%January 7,400 8,049 6,727 42,511 Avg Total Res Water Consumption 7,400 8,049 -8.06%February 5,914 6,381 48,891 Billed ($) Residential 705,226$ 735,624$ 694,457$ 711,282$ 2.50%March 5,839 6,436 55,327 Billed ($) Commercial 179,677$ 135,845$ 194,826$ 123,095$ -0.75%April 10,053 9,333 64,660 Billed ($) Commercial Irrigation 79,305$ 53,736$ 47.58%May 14,092 12,345 77,005 Total Billed ($)964,208$ 871,469$ 943,019$ 834,377$ 3.28%June 14,281 13,323 90,328 July 16,992 17,885 108,212 August 23,095 23,040 131,252 September 26,836 19,429 150,681 TOTAL (gal)45,004 162,724 150,681 Avg. Temp (°F)# Rain Days Month FY2024 FY2023 Average Cumulative October 68°8 11.30 5.65 8.48 8.48 November 58°2 0.57 5.82 3.20 11.67 December 53°5 4.09 3.43 3.76 15.43 January 43°10 3.86 1.29 2.58 18.01 February 4.51 4.51 22.52 March 2.69 2.69 25.21 April 1.20 1.20 26.41 May 3.62 3.62 30.03 June 2.35 2.35 32.38 July 0.47 0.47 32.85 August 0.07 0.07 32.92 September 1.18 1.18 34.10 Annual 25.00 19.82 32.28 34.10 Weather Data:https://www.wunderground.com/history/monthly/KDAL/date/2023-10 Rainfall FY24 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT January 31, 2024 Expected Year to Date Percent 25% WATER-SEWER FUND Average Total Residential Water Consumption by Month 23 Page 45 Item 6. 26% 30% 41% 52% 7% Water Charges for Services Sewer Charges for Services Licenses, Fees & Permits Utility Billing Penalties Other 0%10%20%30%40%50%60% WATER/SEWER REVENUE YTD % OF ANNUAL BUDGET 24 Page 46 Item 6. $6,021,059 2,884,861 $5,652,780 3,537,937 $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 Water Charges for Services Water Purchases WATER REVENUE AND EXPENSE Current YTD to Prior Year YTD Actual Comparison Current Year Prior Year 25 Page 47 Item 6. 3,606,553 1,599,463 3,395,419 1,495,153 - 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 3,500,000 4,000,000 Sewer Charges for Services Sewer Management Fee SEWER REVENUE AND EXPENSE Current YTD to Prior Year YTD Actual Comparison Current Year Prior Year 26 Page 48 Item 6. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Amendment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES 45-4 Storm Drainage Utility Fee 825,000$ -$ 825,000$ 305,832$ -$ 519,168$ 37%280,850$ 9% Drainage Review Fee - - - 3,150 - (3,150) 0%- 0% 45-4 Interest Income 1,800 - 1,800 4,213 - (2,413) 234%(765) -650% Other Revenue 3,000 - 3,000 - - 3,000 0%2,096 -100% Transfer In - - - - - - 0%- 0% Total Revenue 829,800$ -$ 829,800$ 313,195$ -$ 516,605$ 38%282,181$ 11% EXPENDITURES Personnel Services 329,605$ -$ 329,605$ 70,370$ -$ 259,235$ 21%52,832$ 33% Debt Service 219,463 - 219,463 - - 219,463 0%2 - 0% 45-7 Operating Expenditures 153,221 (2,028) 151,193 11,270 238 139,685 8%15,817 -29% Capital Expenditures 225,000 - 225,000 - - 225,000 0%16,863 -100% Transfers Out 107,996 2,028 110,024 37,798 - 72,226 34%1 35,999 5% Total Expenses 1,035,285$ -$ 1,035,285$ 119,439$ 238$ 915,608$ 12%121,510$ -2% REVENUE OVER (UNDER) EXPENDITURES (205,485)$ -$ (205,485)$ 193,757$ 160,671$ Beginning Working Capital October 1 380,410 380,410 632,579 Ending Working Capital Current Month 174,925$ 574,167$ 793,250$ 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 January 31, 2023 Expected Year to Date Percent 33.33% STORM DRAINAGE UTILITY FUND 27 Page 49 Item 6. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Amendment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Sanitation Charges for Services 2,979,722$ -$ 2,979,722$ 911,492$ -$ 2,068,230$ 31%741,472$ 23% Interest Income - - - 2,248 - (2,248) 0%479 370% Transfer In 2,050,000 - 2,050,000 - - 2,050,000 0%- 0% Total Revenues 5,029,722$ -$ 5,029,722$ 913,740$ -$ 4,115,982$ 18%741,951$ 23% EXPENDITURES Administration 2,325,554$ (1,955,000)$ 370,554$ 15,805$ -$ 354,749$ 4%18,505$ -15% Sanitation Collection 2,668,887 - 2,668,887 672,954 - 1,995,933 25%550,869 22% Capital Expenditure - 1,955,000 1,955,000 - 1,950,480 4,520 100%- 0% Debt Service - - - - - - 0%- 0% Transfer Out - - - - - - 0%- 0% Total Expenses 4,994,441$ -$ 4,994,441$ 688,759$ 1,950,480$ 2,355,202$ 53%569,374$ 21% REVENUE OVER (UNDER) EXPENDITURES 35,281$ -$ 35,281$ 224,981$ 172,577$ Beginning Working Capital October 1 6,018 6,018 Ending Working Capital 41,299$ 230,999$ Notes TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT January 31, 2023 Expected Year to Date Percent 33.33% SOLID WASTE FUND 28 Page 50 Item 6. $911,492 672,954 $741,472 550,869 $- $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 $1,000,000 Sanitation Charges for Services Sanitation Collection SOLID WASTE REVENUE AND EXPENSE Current YTD to Prior Year YTD Actual Comparison Current Year Prior Year 29 Page 51 Item 6. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Amendment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES Grants 1,877,105$ -$ 1,877,105$ -$ Property Taxes-Delinquent 0 - - 115,291 Property Taxes-Current 8,502,003 - 8,502,003 7,630,982 Taxes-Penalties 0 - - 3,900 Contributions/Interlocal Revenue - - - 1,685,240 Bond Proceeds - - - - Interest Income - - - 1,387,328 Other Revenue - - - 7,872 Transfers In - General Fund - 140,000 140,000 140,000 Transfers In - Impact Fee Funds - - - - Transfers In - Escrows - - - - Transfers In - Parks - - - 1,513,800 *Transfers In/Out - Bond Funds - - - - Total Revenues 10,379,108$ 140,000$ 10,519,108$ 12,484,412$ EXPENDITURES West Prosper Roads 14,168,828$ - - - - - - 14,017,321 151,508 Fishtrap (seg 2) PISD Reimbursement 1,063,033 - 122,402 122,402 - - 122,402 940,631 122,402 DNT Main Lane (US 380 - FM 428)2,557,062 - 2,557,062 2,557,062 - - 2,557,062 - 2,557,062 Coit Rd (First-Frontier) 4 Lns 6,500,000 - 6,492,569 6,492,569 6,209 - 6,486,360 801 6,492,990 First St (DNT to Coleman)24,786,567 - 22,644,181 22,644,181 30,281 305,144 22,308,755 2,142,264 22,308,878 First Street (Elem-DNT) 4 Lanes 30,879,730 - 24,186,414 24,186,414 2,911,619 19,778,287 1,496,508 7,418,615 771,209 Preston Road / First Street Dual Left Turns (Design & Co 900,000 - 900,000 900,000 55,048 37,952 807,000 - 807,000 First St (Coit-Custer) 4 Lanes 27,269,101 - 8,805,215 8,805,215 2,988,384 4,340,547 1,476,284 18,463,886 1,476,284 Preston/Prosper Trail Turn Lane 900,000 - 749,462 749,462 4,060 341,405 403,997 150,538 403,997 Craig Street (Preston-Fifth)450,000 - 123,480 123,480 10,835 32,245 80,400 313,073 93,848 First Street (Teel - Gee Road)6,025,444 - 1,235,465 1,235,465 954,022 282,039 (595) 4,789,978 (595) Gee Road (First Street - Windsong)5,414,933 - 2,398,122 2,398,122 5,847 2,361,914 30,361 3,016,368 30,805 Coleman (Gorgeous - Prosper Trail)1,500,000 - 973,255 973,255 54,315 280,380 638,561 554,557 610,749 Coleman (Prosper Trail - PHS)720,000 - 720,000 720,000 - - 720,000 - 720,000 Legacy (Prairie - First Street)11,425,000 - 10,706,174 10,706,174 49,418 9,176,253 1,480,502 698,272 1,501,057 Coit/US 380 SB Turn Lanes 300,000 - 276,014 276,014 3,538 267,809 4,667 23,986 4,667 Parvin (FM 1385 - Legacy)500,000 - - - - - - 500,000 - US 380 Deceleration Lanes - Denton County 500,000 - 500,000 500,000 - - 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 77,123 Gee Road (US 380--FM 1385)2,200,000 - 2,038,300 2,038,300 97,648 1,395,652 545,000 106,028 600,672 Frontier (Legacy-DNT)300,000 - - - - - - 300,000 - First Street (Coleman)500,000 - 499,791 499,791 198,289 298,260 3,242 209 3,242 Star Trail, Phase 5: Street Repairs 1,450,000 - 1,450,000 1,450,000 - - 1,450,000 - 1,450,000 Prosper Trail (Coit - Custer) - 2 WB lanes 400,000 - 400,000 400,000 - - 400,000 - 400,000 Windsong Pkwy/380 Dual L Turns 22,800 - 22,800 22,800 3,500 19,300 - - - Teel Parkway (US 380 - First Street Rd) NB 2 Lanes (Design)5,850,000 - 5,637,136 5,637,136 12,699 5,416,854 207,583 194,933 225,514 Traffic Improvement Projects 1,000,000 - 977,200 977,200 - - 977,200 - 1,000,000 US380 Median Lighting 485,000 - 19,088 19,088 - - 19,088 465,912 19,088 Fifth Street Quiet Zone 500,000 - 500,000 500,000 - - 500,000 - 500,000 Traffic Signal - Fishtrap & Artesia Boulevard 65,000 - 65,000 65,000 - 60,250 4,750 - 4,750 Traffic Signal - DNT/Frontier 265,000 - 265,000 265,000 3,225 79,775 182,000 - 182,000 Traffic Signal - Teel Pkway & Prairie Drive 65,000 - 65,000 65,000 - 40,750 24,250 - 24,250 Signl Sdy/Beacon Aca 128,300 - 128,300 128,300 - 128,300 - - - Crswalk Sign Markings Flashers 400,000 - 271,700 271,700 - - 271,700 - 400,000 Capital Expenditures 4,176,553 4,176,553 - 4,176,553 - - 4,176,553 4,176,553 Total Street Projects 155,247,352$ 4,176,553$ 97,229,130$ 101,405,683$ 7,388,936$ 44,643,117$ 49,373,630$ 54,100,247$ 49,115,052$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT January 31, 2023 CAPITAL PROJECTS FUND - GENERAL 30 Page 52 Item 6. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Amendment Budget Actual Encumbrances Budget Balance Expenditure Balance TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT January 31, 2023 CAPITAL PROJECTS FUND - GENERAL Turf Irrigation SH289 68,000 -$ -$ -$ -$ -$ -$ 48,935 19,065 US 380 Median Design (Green Ribbon)821,250 - - - - - - 65,800 755,450 Tanner's Mill Phase 2 Design 1,396,400 - - - - - - 1,385,109 11,291 Lakewood Preserve, Phase 2 4,982,255 - 4,982,255 4,982,255 409,768 131,477 4,441,009 - 4,441,009 Pecan Grove Ph II 70,457 - 504 504 - - 504 68,958 1,499 Westside Waterline T 800,000 - 800,000 800,000 - - 800,000 - 800,000 Gee Road Trail Connection 700,000 - 700,000 700,000 - - 700,000 - 700,000 Downtown Pond Improvements 120,000 - 108,240 108,240 - - 108,240 11,760 108,240 Raymond Community Park 19,800,000 - 18,994,158 18,994,158 393,544 8,697,298 9,903,316 808,342 9,900,816 Coleman Median Landscape (Victory-Preston)650,000 - - - - - - 454,811 195,189 Prosper Trail Median Landscape 275,000 - - - - - - 150,723 124,277 Green Ribbon Lovers 2,295,000 - 2,295,000 2,295,000 - - 2,295,000 - 2,295,000 Windsong Parkland Dedication 1,913,800 - 1,913,800 1,913,800 1,913,800 - - - - Froniter Park Pond Repairs 473,000 - 473,000 473,000 - - 473,000 - 473,000 Various Hike and Bike Trails 580,680 - 580,680 580,680 - - 580,680 - 580,680 Prosper Trail Screening (Preston - Deer Run)750,000 - 750,000 750,000 - - 750,000 - 750,000 Parks Master Plan Up 140,000 - 140,000 140,000 - 129,340 10,660 10,660 Total Park Projects 35,835,841$ -$ 31,737,636$ 31,737,636$ 2,717,112$ 8,958,115$ 20,062,409$ 2,994,439$ 21,166,176$ PD Car Camera and Body worn Camera System 387,225 -$ 370,325$ 370,325$ -$ -$ 370,325$ 16,900 370,325 Station #3 Quint Engine 1,495,000 - 25,120 25,120 12,948 7,174 4,997 1,469,880 4,997 Station #3 Ambulance 495,000 - 40,109 40,109 - 2,277 37,832 454,891 37,832 Parks & Public Works, Phase 1 1,200,000$ - 1,200,000 1,200,000 - - 1,200,000 - 1,200,000 Awnings for Storage 19,800 - 300 300 - 300 - 11,100 8,400 Public Safety Complex, Phase 2-Design 1,591,160 - 28,337 28,337 - 28,337 - 1,562,823 - Public Safety Complex, Phase 2-Dev Costs 647,325 - 227,923 227,923 975 1,200 225,748 123,716 521,434 Public Safety Complex, Phase 2-Construction 14,500,000 - - - - - - 14,499,866 134 Public Safety Complex, Phase 2-FFE 1,274,385 - 174,439 174,439 (491) - 174,930 1,099,946 174,930 Fire Station #4 - Design 623,555 - 201,220 201,220 - 201,220 - 472,987 (50,652) Fire Station #4 - Engine 1,250,000 - 27,213 27,213 12,324 7,174 7,714 1,222,787 7,714 Fire Station #4 - Ambulance 552,000 - 427,568 427,568 1,863 378,693 47,012 124,407 47,038 Fire Station #4 - Other Costs 8,250 - - - - - - 8,250 - Fire Station #4 Construction 10,168,195 - 10,168,195 10,168,195 - - 10,168,195 - 10,168,195 Parks and Public Works Parking Lot 1,000,000 - 1,000,000 1,000,000 - - 1,000,000 - 1,000,000 Interim Community Center 2,250,000 - 2,250,000 2,250,000 - - 2,250,000 - 2,250,000 Finish Out Interior Spaces Town Hall First and Second Floor 650,000 - 650,000 650,000 - - 650,000 - 650,000 Emergency Warning Sirens 296,887 - 296,887 296,887 - 296,887 (0) - - Total Facility Projects 38,408,782$ -$ 17,087,635$ 17,087,635$ 27,618$ 923,264$ 16,136,753$ 21,067,553$ 16,390,347$ Transfer Out - - - - - - - - - Total Expenditures 229,491,975$ 4,176,553$ 146,054,401$ 150,230,954$ 10,133,666$ 54,524,495$ 85,572,792$ 78,162,238$ 86,671,575$ REVENUE OVER (UNDER) EXPENDITURES (139,711,846)$ 2,350,746$ Beginning Fund Balance (Restricted for Capital Projects) October 1 77,609,702 77,609,702 Ending Fund Balance (Restricted for Capital Projects) Current Month (62,102,144)$ 79,960,448$ *Transfers In/Out - Bonds--Bond and CIP funds are both in the Capital Projects Fund so transfers between these funds are netted together and eliminated. 31 Page 53 Item 6. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Year Budget Budget Budget Amendment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES Interest Income -$ -$ -$ 560,793$ Bond Proceeds - - - - Transfers In - - - 75,000 Transfers In - ARPA Funds 6,348,980 - 6,348,980 - Transfers In - Impact Fee Funds - - - - Transfers In - Bond Funds - - - - Total Revenues 6,348,980$ -$ 6,348,980$ 635,793$ EXPENDITURES Lower Pressure Plane Pump Station Design 17,993,706$ -$ 7,329,745 7,329,745 2,642,192 4,709,953 (22,400) 10,661,282$ (19,722)$ LPP Water Line Phase, 2A 11,452,762 - 12,937,299 12,937,299 411,018 - 12,526,281 - 11,041,744 Broadway (Parvin-Craig)150,000 - 150,000 150,000 - - 150,000 - 150,000 Fishtrap (Elem-DNT) (Legacy Water Line)15,000 - - - - - - 15,000 - Doe Branch Parallel Interceptor 5,000,000 - 7,400,000 7,400,000 - - 7,400,000 - 5,000,000 Doe Branch, Phase 3 WWTP 55,000,000 6,348,980 55,000,000 61,348,980 - - 61,348,980 - 55,000,000 Sanitary Sewer Repla 75,000 - 75,000 75,000 42,136 - 32,864 - 32,864 Wilson Creek WW Line 400,000 - 400,000 400,000 - - 400,000 - 400,000 Parks & Public Works, Phase 1 600,000 - 600,000 600,000 - - 600,000 - 600,000 DNT (Prosper Trail - Frontier Parkway) 12-inch WL 4,500,000 - 4,500,000 4,500,000 369 1,198,944 3,300,688 - 3,300,688 Upper Doe Branch WW Line (Teel-PISD Stadium)4,050,000 - 4,050,000 4,050,000 - - 4,050,000 - 4,050,000 DNT Water Line Relocation (US 380 - First St)2,146,650 - 2,127,151 2,127,151 98,329 37,628 1,991,195 837 2,009,857 Master Plan Projects 1,539,007 - 1,539,007 1,539,007 - - 1,539,007 837 1,538,170 Water Line Relocation Frontier 3,400,000 - 3,137,000 3,137,000 18,157 123,132 2,995,711 239,561 3,019,150 Total Water & Wastewater Projects 106,322,125$ 6,348,980$ 99,245,202$ 105,594,182$ 3,212,201$ 6,069,656$ 96,312,326$ 10,917,516$ 86,122,752$ Old Town Regional Pond #2 48,386 - 17,177 17,177 - 17,114 63 31,210 63 Total Drainage Projects 48,386$ -$ 17,177$ 17,177$ -$ 17,114$ 63$ 31,210$ 63$ Transfer out - - - - - - - - Total Expenses 106,370,511$ 6,348,980$ 99,262,379$ 105,611,359$ 3,212,201$ 6,086,770$ 96,312,389$ 10,948,725$ 86,122,815$ REVENUE OVER (UNDER) EXPENDITURES (99,262,379)$ (2,576,408)$ Beginning Fund Balance (Restricted for Capital Projects) October 1 40,601,835 40,601,835 Ending Fund Balance (Restricted for Capital Projects) Current Month (58,660,544)$ 38,025,427$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT January 31, 2023 CAPITAL PROJECTS FUND-WATER/SEWER 32 Page 54 Item 6. 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: Quarterly Investment Report for December 31, 2023 Town Council Meeting – February 27, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Receive the Quarterly Investment Report for December 31, 2023. Description of Agenda Item: As required by the Public Funds Investment Act, staff is required to report activities of its cash and investment holdings on a quarterly basis. Information as required by the act includes investment results for the quarter, economic summary and investment strategy, investment holdings and book vs. market comparisons. Budget Impact: There is no budgetary impact affiliated with this item. Attached Documents: 1. Quarterly Investment Report – December 31, 2023 Town Staff Recommendation: Town staff recommends the Town Council accept submission of the Quarterly Investment Report for December 31, 2023. Proposed Motion: I move to accept the Quarterly Investment Report for December 31, 2023. FINANCE Page 55 Item 7. INVESTMENT PORTFOLIO SUMMARY For the Quarter Ended December 31, 2023 Prepared by Valley View Consulting, L.L.C. Bob Scott, Deputy Town Manager Chris Landrum, Finance Director The investment portfolio of the Town of Prosper is in compliance with the Public Funds Investment Act and the Town of Prosper Investment Policy and Strategies. Disclaimer:These reports were compiled using information provided by the Town of Prosper.No procedures were performed to test the accuracy or completeness of this information.The market values included in these reports were obtained by Valley View Consulting,L.L.C.from sources believed to be accurate and represent proprietary valuation.Due to market fluctuations these levels are not necessarily reflective of current liquidation values.Yield calculations are not determined using standard performance formulas,are not representative of total return yields and do not account for investment advisor fees. Robert B. Scott Chris Landrum Page 56 Item 7. Summary Quarter End Results by Investment Category: Asset Type Ave. Yield Book Value Market Value Ave. Yield Book Value Market Value MMA/NOW 4.48%29,395,973$ 29,395,973$ 4.70%30,248,616$ 30,248,616$ MMF/Pools 5.23%97,997,016 97,997,016 5.36%105,427,768 105,427,768 Securities 3.04%41,533,532 40,938,205 3.14%40,012,265 39,597,216 Certificates of Deposit 5.67%25,409,754 25,409,754 5.60%25,764,800 25,764,800 Total 4.71%194,336,276$ 193,740,948$ 4.85%201,453,449$ 201,038,400$ Average Yield - Current Quarter (1) Fiscal Year-to-Date Average Yield (2) Total Portfolio 4.85%Total Portfolio 4.85% Rolling Three Month Treasury 5.53%Rolling Three Month Treasury 5.53% Rolling Six Month Treasury 5.49%Rolling Six Month Treasury 5.49% TexPool 5.37%TexPool 5.37% Interest Earnings (Approximate) Quarter 2,345,086$ Fiscal Year-to-date 2,345,086$ December 31, 2023September 30, 2023 (1) Quarter End Average Yield - based on adjusted book value, realized and unrealized gains/losses and investment advisory fees are not considered. The yield for the reporting month is used for bank, pool, and money market balances. (2) Fiscal Year-to-Date Average Yield - calculated using quarter end report yields and adjusted book values and does not reflect a total return analysis or account for advisory fees. Town of Prosper Valley View Consulting, L.L.C.1 Page 57 Item 7. Economic Overview12/31/2023The Federal Open Market Committee (FOMC) maintained the Fed Funds target range 5.25% - 5.50% (Effective Fed Funds are trading +/-5.33%). Any additional actions, up or down, will be data-dependent. Final Third Quarter 2023 GDP revised downward to 4.9%, but still robust growth. December Non-Farm Payroll posted 216k new jobs (above the estimated 170k). The Three Month Rolling Average declined to 165k. The S&P 500 Stock Index reached a new peak trading over 4,770 (exceeding 4,766 in Dec 2021). The yield curve shifted lower anticipating future FOMC target reductions. Crude Oil stabilized at +/-$73 per barrel. Inflation continued to decline but still remained above the FOMC 2% target (Core PCE +/-3.2% and Core CPI +/-4.0%). Reduced global economic outlooks and ongoing/expanding military conflicts increase uncertainty. 02505007501,0001,2501,5001,7502,0002,2502,5002,7503,0003,2503,5003,7504,0004,2504,5004,7505,0005,250S&P 5000.000.501.001.502.002.503.003.504.004.505.005.506.00US Treasury Historical Yields - Since Nov 2016Six Month T-BillTwo Year T-NoteTen Year T-Note0.001.002.003.004.005.006.00Treasury Yield CurvesDecember 31, 2023September 30, 2023December 31, 20220.000.501.001.502.002.503.003.504.004.505.005.506.00US Treasury Historical Yields - Since 2006Six Month T-BillTwo Year T-NoteTen Year T-NoteValley View Consulting, L.L.C.2Page 58Item 7. Investment Holdings Coupon/Maturity Settlement Book Market Market Life Description Ratings Discount Date Date Par Value Value Price Value (Days)Yield Independent Financial DDA 2.78%01/01/24 12/31/23 9,884,164$ 9,884,164$ 1.00 9,884,164$ 1 2.78% Independent Financial DDA #2 5.64%01/01/24 12/31/23 14,128 14,128 1.00 14,128 1 5.64% Independent Financial DDA #3 5.64%01/01/24 12/31/23 14,968,174 14,968,174 1.00 14,968,174 1 5.64% NexBank MMA 5.60%01/01/24 12/31/23 5,381,759 5,381,759 1.00 5,381,759 1 5.60% PlainsCapital Bank MMA 0.00%01/01/24 12/31/23 392 392 1.00 392 1 0.00% TexSTAR AAAm 5.34%01/01/24 12/31/23 31,424,220 31,424,220 1.00 31,424,220 1 5.34% TexPool AAAm 5.37%01/01/24 12/31/23 74,003,547 74,003,547 1.00 74,003,547 1 5.37% T-Note Aaa/AA+4.75%02/29/24 02/09/22 5,000,000 5,008,295 99.27 4,963,653 60 1.35% FHLB Aaa/AA+4.75%03/08/24 12/21/22 10,000,000 9,999,217 99.81 9,981,447 68 4.79% East West Bank CD 5.71%03/14/24 09/14/23 5,085,983 5,085,983 100.00 5,085,983 74 5.88% East West Bank CD 5.50%03/14/24 12/14/23 5,086,598 5,086,598 100.00 5,086,598 74 5.65% T-Note Aaa/AA+2.25%04/30/24 03/16/22 10,000,000 10,012,304 98.73 9,873,422 121 1.87% Independent Financial CD 5.39%08/04/24 09/14/23 10,508,361 10,508,361 100.00 10,508,361 217 5.39% T-Note Aaa/AA+1.25%08/31/24 02/09/22 5,000,000 4,992,448 97.06 4,853,102 244 1.48% East West Bank CD 5.57%09/16/24 09/14/23 5,083,858 5,083,858 100.00 5,083,858 260 5.73% FHLB Aaa/AA+4.48%10/03/24 12/21/22 10,000,000 10,000,000 99.26 9,925,593 277 4.48% Total Portfolio 201,441,184$ 201,453,449$ 201,038,400$ 53 4.85% (1)(2) December 31, 2023 (1) Weighted average life - For purposes of calculating weighted average life, overnight bank and pool balances are assumed to have a one day maturity. (2) Weighted average yield to maturity - The weighted average yield to maturity is based on Book Value, realized and unrealized gains/losses and investment advisory fees are not included. The yield for the reporting month is used for overnight bank and pool balances. Town of Prosper Valley View Consulting, L.L.C.3 Page 59 Item 7. MMA/DDA/NOW 15% Pools 52% CDs 13% Securities 20% Composition -Current Quarter $0 $50 $100 $150 $200 $250 Total Portfolio (Millions) Quarter End Book Value MMA/DDA/NOW 15% Pools 51% CDs 13% Securities 21% Composition -Prior Quarter 0.0 1.0 2.0 3.0 4.0 5.0 6.0 PercentageTown Portfolio Performance Town WAY TexPool Rolling 3 mo T-Bill Rolling 6 mo T-Bill Town of Prosper Valley View Consulting, L.L.C.4 Page 60 Item 7. Book and Market Value Comparison Issuer/Description Yield Maturity Date Book Value 09/30/23 Increases Decreases Book Value 12/31/23 Market Value 09/30/23 Change in Market Value Market Value 12/31/23 Independent Financial DDA 2.78%01/01/24 11,226,083$ –$ (1,341,919)$ 9,884,164$ 11,226,083$ (1,341,919)$ 9,884,164$ Independent Financial DDA #2 5.64%01/01/24 13,307 821 – 14,128 13,307 821 14,128 Independent Financial DDA #3 5.64%01/01/24 12,600,169 2,368,005 – 14,968,174 12,600,169 2,368,005 14,968,174 NexBank MMA 5.60%01/01/24 5,306,415 75,344 – 5,381,759 5,306,415 75,344 5,381,759 PlainsCapital Bank MMA 0.00%01/01/24 250,000 – (249,608) 392 250,000 (249,608) 392 PlainsCapital Bank ICS SWEEP MMF 0.00%01/01/24 2,330,916 – (2,330,916) – 2,330,916 (2,330,916) – TexSTAR 5.34%01/01/24 46,661,274 – (15,237,054) 31,424,220 46,661,274 (15,237,054) 31,424,220 TexPool 5.37%01/01/24 49,004,826 24,998,721 – 74,003,547 49,004,826 24,998,721 74,003,547 T-Note 0.43%10/31/23 1,503,103 – (1,503,103) – 1,497,305 (1,497,305) – East West Bank CD 5.97%12/14/23 5,013,524 – (5,013,524) – 5,013,524 (5,013,524) – T-Note 1.35%02/29/24 5,021,015 – (12,719) 5,008,295 4,940,235 23,418 4,963,653 FHLB 4.79%03/08/24 9,998,155 1,063 – 9,999,217 9,967,100 14,347 9,981,447 East West Bank CD 5.88%03/14/24 5,013,314 72,669 – 5,085,983 5,013,314 72,669 5,085,983 East West Bank CD 5.65%03/14/24 – 5,086,598 – 5,086,598 – 5,086,598 5,086,598 T-Note 1.87%04/30/24 10,021,659 – (9,355) 10,012,304 9,819,531 53,891 9,873,422 Independent Financial CD 5.39%08/04/24 10,369,929 138,432 – 10,508,361 10,369,929 138,432 10,508,361 T-Note 1.48%08/31/24 4,989,601 2,847 – 4,992,448 4,814,063 39,039 4,853,102 East West Bank CD 5.73%09/16/24 5,012,987 70,870 – 5,083,858 5,012,987 70,870 5,083,858 FHLB 4.48%10/03/24 10,000,000 – – 10,000,000 9,899,972 25,621 9,925,593 TOTAL / AVERAGE 4.85%194,336,276$ 32,815,371$ (25,698,198)$ 201,453,449$ 193,740,948$ 7,297,452$ 201,038,400$ Town of Prosper Valley View Consulting, L.L.C.5 Page 61 Item 7. Allocation Book Value Yield Maturity Date Total Pooled Funds Debt Service Fund Independent Financial DDA 2.78%9,884,164$ 9,884,164$ Independent Financial DDA #2 5.64%14,128 14,128 Independent Financial DDA #3 5.64%14,968,174 14,968,174 NexBank MMA 5.60%5,381,759 5,381,759 PlainsCapital Bank MMA 0.00%392 392 TexSTAR 5.34%31,424,220 31,424,220 TexPool 5.37%74,003,547 63,423,535 10,580,012$ T-Note 1.35%02/29/24 5,008,295 5,008,295 FHLB 4.79%03/08/24 9,999,217 9,999,217 East West Bank CD 5.88%03/14/24 5,085,983 5,085,983 East West Bank CD 5.65%03/14/24 5,086,598 5,086,598 T-Note 1.87%04/30/24 10,012,304 10,012,304 Independent Financial CD 5.39%08/04/24 10,508,361 10,508,361 T-Note 1.48%08/31/24 4,992,448 4,992,448 East West Bank CD 5.73%09/16/24 5,083,858 5,083,858 FHLB 4.48%10/03/24 10,000,000 10,000,000 Totals 201,453,449$ 190,873,437$ 10,580,012$ December 31, 2023 Town of Prosper Valley View Consulting, L.L.C.6 Page 62 Item 7. Allocation Book Value Yield Maturity Date Total Pooled Funds Debt Service Fund Independent Financial DDA 2.78%11,226,083$ 11,226,083$ Independent Financial DDA #2 5.64%13,307 13,307 Independent Financial DDA #3 5.64%12,600,169 12,600,169 NexBank MMA 5.55%5,306,415 5,306,415 PlainsCapital Bank MMA 0.00%250,000 250,000 PlainsCapital Bank ICS SWEEP MMF 1.85%2,330,916 2,330,916 TexSTAR 5.31%46,661,274 46,661,274 TexPool 5.32%49,004,826 47,676,988 1,327,838$ T-Note 0.43%10/31/23 1,503,103 1,503,103 East West Bank CD 5.80%12/14/23 5,013,524 5,013,524 T-Note 1.35%02/29/24 5,021,015 5,021,015 FHLB 4.79%03/08/24 9,998,155 9,998,155 East West Bank CD 5.71%03/14/24 5,013,314 5,013,314 T-Note 1.87%04/30/24 10,021,659 10,021,659 Independent Financial CD 5.39%08/04/24 10,369,929 10,369,929 T-Note 1.48%08/31/24 4,989,601 4,989,601 East West Bank CD 5.57%09/16/24 5,012,987 5,012,987 FHLB 4.48%10/03/24 10,000,000 10,000,000 Totals 194,336,276$ 193,008,438$ 1,327,838$ September 30, 2023 Town of Prosper Valley View Consulting, L.L.C.7 Page 63 Item 7. Town of Prosper, Texas December 31, 2023 Quarterly Investment Report Investment Strategy Addendum As noted in the Economic Overview, the FOMC has tightened 525 basis points in the since early 2022 and as anticipated, tightened an additional 25 basis points on July 26, 2023 resulting in a Fed Funds target of 5.25%-5.50%. These increases reflect The Federal Reserve's efforts to slow the economy and reduce inflationary pressures. In the low interest environment of 2021 and prior, Certificates of Deposit (CD) often provided a yield advantage over Treasury and Agency securities. This yield advantage is still selectively prevalent, but combined with the greater administrative requirements and lack of liquidity associated with CD's, the Town may continue shifting more available funds into fixed income securities. In addition, the Town's premier money market account with its Depository Bank pays the Fed Funds rate. The Town also maintains balances in two local government investment pools to ensure liquidity and for diversification purposes. Town of Prosper Valley View Consulting, L.L.C.8 Page 64 Item 7. Page 1 of 2 To: Mayor and Town Council From: Chris Landrum, Finance Director Through: Mario Canizares, Town Manager Bob Scott, Deputy Town Manager Re: Furniture Purchases for FY24 Town Council Meeting – February 27, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon approving purchase orders for the purchase and installation of furniture from Workspace Interiors by Office Depot Business Solutions through the Omnia Partners Cooperative; and authorizing the Town Manager or his/her designee to execute documents related to said purchases. (CL) Description of Agenda Item: Current and anticipated spend for furniture and installation in FY24 have reached the dollar amount threshold for the vendor, ODP Business Solutions, that requires council approval. To conform with State purchasing law and best practices we are requesting council approval of purchase orders to Workspace Interiors by Office Depot Business Solutions for the purchase and installation of furniture through the Omnia Partners Cooperative R191812. These purchases will be for new positions funded in the FY24 budget and for the finishing of interior spaces in Town Hall. The estimated amount for purchases in FY24 is $250,000.00. Budget Impact: Funding is available through the FY24 budget. Legal Obligations and Review: This item does not require legal review. Attached Documents: 1. Omnia Partners R191812 Executive Summary 2. Letter-Renewal Award of Contract #R191812 Finance Page 65 Item 8. Page 2 of 2 Town Staff Recommendation: Town Staff recommends approving purchase orders for the purchase and installation of furniture in FY24 from Workspace Interiors by Office Depot Business Solutions through the Omnia Partners Cooperative and authorizing the Town Manager or his/her designee to execute documents related to said purchases. Proposed Motion: I move to approve purchase orders to Workspace Interiors by Office Depot Business Solutions for the purchase and installation of furniture during FY24. Page 66 Item 8. Page 67 Item 8. Page 68 Item 8. Page 69 Item 8. Page 1 of 2 To: Mayor and Town Council From: Chris Landrum, Finance Director Through: Mario Canizares, Town Manager Bob Scott, Deputy Town Manager Re: Sales Tax Consulting Services Award Town Council Meeting – February 27, 2024 Strategic Visioning Priority: 5. Work Towards a Growing & Diversified Tax Base Agenda Item: Consider authorizing the Town Manager to enter into a three-year Professional Services Agreement with two one-year renewals for sales tax consulting with Texas City Services LLC for the Town, EDC and the Crime and Fire Special Purpose Districts. Description of Agenda Item: Sales tax levies in Texas are a maximum of 81/4 cents consisting of 6 ¼ cent for the state and 2 cents for the local government. All sales tax is collected by the Texas Comptroller of Public Accounts with the local portion remitted to the appropriate local government less a 2% service charge. With the myriad of sales tax jurisdictions within the state, post offices serving more than one town and sales taxpayers determining where the taxes are owed, it is not unusual for the local portion to be allocated to the wrong jurisdiction. As a result, most municipalities employ one of several sales tax consultants to audit their payments received for completeness paying a contingency fee for identifying any additional sales tax revenue that the comptroller subsequently reallocates to the jurisdiction. The Town issued a Request for Proposal to all known sales tax consultants in the state and received three proposals from Avenu, HDL and Texas City Services. All three proposed the same 25% contingent fee for documented sales tax recoveries plus an hourly rate for other services. The Town currently pays a 30% contingent fee. An evaluation team of four employees ranked the proposals for various factors including experience, fees, and approach and all four ranked Texas City Services the highest. As a result, only Texas City Services was brought in for interview. With the growth of both the Town and its sales tax base it is now quite likely that the 25% contingent fee may generate a payment in excess of the $25,000 threshold for council approval resulting in this agenda item. Budget Impact: Payments are made on a contingent basis only after the recovered sales tax has been documented and received. Budget authorization is treated as a contra account against sales tax for budgeting purposes. FINANCE Page 70 Item 9. 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. Proposed Professional Services Agreement Town Staff Recommendation: Town staff recommends Town Council authorize the Town Manager to enter into an agreement with Texas City Services. The proposal was presented to the Finance Subcommittee and have recommended it to the Town Council for consideration. Proposed Motion: I move to authorize the Town Manager to enter into a three-year Professional Services Agreement with two one-year renewals for sales tax consulting with Texas City Services LLC for the Town, EDC and the Crime and Fire Special Purpose Districts. Page 71 Item 9. Contract for Services Version 02/24 Bid No. 2024-13-A Page 1 TOWN OF PROSPER CONTRACT FOR SERVICES BID NO. 2024-13-A This Contract is made by the Town of Prosper, Texas, a municipal corporation (“Town”) and TexasCityServices LLC (“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 the provision of Texas sales/use tax recoveries and consultations (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 three (3) years from date of award of contract. All pricing is to remain firm during the contract period. The contract is renewable for up to two (2) 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 quarterly basis with payment available within thirty (30) days after receipt of the invoice for the previous quarter’s service. 7. INVOICING. Invoices should be prepared and submitted to the Town for payment in acc ordance with Section 6. 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 the 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 B. Failure to maintain the required insurance may result in immediate termination of the Contract. Page 72 Item 9. Contract for Services Version 02/24 Bid No. 2024-13-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 not ice. 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 73 Item 9. Contract for Services Version 02/24 Bid No. 2024-13-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 74 Item 9. Contract for Services Version 02/24 Bid No. 2024-13-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. IRAN, SUDAN AND FOREIGN TERRORIST ORGANIZATIONS. If § 2252.153 of the Texas Government Code is applicable to this Contract, by signing below Contractor does hereby represent, verify and warrant that (i) it does not engage in busines s with Iran, Sudan or any foreign terrorist organization and (ii) it is not listed by the Texas Comptroller under § 2252.153, Texas Government Code, as a company known to have contracts with or provide supplies or services to a “foreign terrorist organization” as defined in § 2252.151 of the Texas Government Code. 24. PROHIBITION ON CONTRACTS WITH CERTAIN COMPANIES PROVISION. In accordance with Section 2252.152 of the Texas Government Code, the Parties covenant and agree that Contractor is not on a list maintained by the State Comptroller’s Office prepared and maintained pursuant to Section 2252.153 of the Texas Government Code. 25. 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. 26. ENTIRE CONTRACT. This instrument together with Exhibit A and B 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. 27. 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 follows, 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: TexasCityServices LLC Attn: Kyle Kasner, Member PO Box 110998 Carrollton, TX 75011 Page 75 Item 9. Contract for Services Version 02/24 Bid No. 2024-13-A Page 5 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. 28. 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 constru ed as if such invalid, illegal or unenforceable provision had never been included. 29. GOVERNING LAW. The validity of this Contract and any of its terms or provisions as well as the rights and duties hereunder, shall be governed by and construed in accordance with Texas law. Venue for this Contract shall be located in Collin County, Texas. 30. COUNTERPARTS. The Contract may be signed in counterparts, each of which shall be deemed to be an original. 31. EFFECTIVE DATE. This Contract shall be effective once it is signed by the Town and Contractor. AGREED TO BY: TexasCityServices LLC TOWN OF PROSPER, TEXAS Page 76 Item 9. Contract for Services Version 02/24 Bid No. 2024-13-A Page 6 Exhibit A Scope of Services TexasCityServices LLC (Firm) will provide to the Town of Prosper (“Town”): 1. Identify businesses operating in the Town without proper licensing or without remitting appropriate taxes to the Town in accordance with Texas tax law. 2. Ensure proper reporting and recovering of past and future tax remittances of businesses identified by the Proposer as noncompliant by: a. Assisting businesses in the preparation and filing of amended returns and in making payments for all tax periods in accordance with applicable tax laws, regulations, and associated interpretation for all open periods. b. Assisting businesses in correcting registration information for taxes reported incorrectly to another jurisdiction. c. Providing documentation to the Comptroller’s office to request reallocation of remittances and the transfer of funds to the Town that were reported in error to another jurisdiction. 3. Assist the Town, if needed, to recover past and future tax remittances of non-compliant business identified by the Town during its internal reviews. 4. Provide quarterly status reporting to the Town on the sales/use tax compliance review initiatives progress. 5. Provide consultation in sales/use tax matters as needed including a) legislative and regulatory policy tracking and analysis and b) analysis of potential/future businesses for sales tax potential in regard to the Town’s economic development initiatives. Page 77 Item 9. Page 1 of 1 To: Mayor and Town Council From: Doug Kowalski, Chief of Police Through: Mario Canizares, Town Manager Re: 2023 Racial Profiling Report Town Council Meeting – February 27, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Receive the 2023 Annual Racial Profiling Report for the Prosper Police Department as required by state law. Description of Agenda Item: The Racial Profiling Report is a required annual report that must be submitted to the State of Texas through the Texas Commission on Law Enforcement (TCOLE) and the Police Department’s governing body as required by Texas State law – Texas Code of Criminal Procedures Section 2.132. Budget Impact: There is no budgetary impact affiliated with this item. Attached Documents: 1. 2023 TCOLE Racial Profiling Report Town Staff Recommendation: Staff recommends receiving the 2023 Annual Racial Profiling Report for the Prosper Police Department as required by state law. Proposed Motion: I move to receive and accept the 2023 Annual Racial Profiling Report as required by state law. POLICE DEPARTMENT Page 78 Item 10. Racial Profiling Report | Full _______________________________________________________________________________________________________________________________ $JHQF\1DPH PROSPER POLICE DEPARTMENT Reporting Date: 01/22/2024 TCOLE Agency Number: 085220 Chief Administrator: DOUGLAS A. KOWALSKI Agency Contact Information: Phone: (972) 569-1040 Email: dkowalski@prospertx.gov Mailing Address: 801 SAFETY WAY PROSPER, TX 75078-9948 This Agency filed a full report PROSPER POLICE DEPARTMENT has adopted a detailed written policy on racial profiling. Our policy: FOHDUO\GHILQHVDFWVFRQVWLWXWLQJUDFLDOSURILOLQJ 2) strictly prohibits peace officers employed by the PROSPER POLICE DEPARTMENT from engaging in racial profiling; 3) implements a process by which an individual may file a complaint with the PROSPER POLICE DEPARTMENT if the individual believes that a peace officer employed by the PROSPER POLICE DEPARTMENT has engaged in racial profiling with respect to the individual; 4) provides public education relating to the agency's complaint process; 5) requires appropriate corrective action to be taken against a peace officer employed by the PROSPER POLICE DEPARTMENT who, after an investigation, is shown to have engaged in racial profiling in violation of the PROSPER POLICE DEPARTMENT policy; 6) requires collection of information relating to motor vehicle stops in which a warning or citation is issued and to arrests made as a result of those stops, including information relating to: a. the race or ethnicity of the individual detained; b. whether a search was conducted and, if so, whether the individual detained consented to the search; c. whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; d. whether the peace officer used physical force that resulted in bodily injury during the stop; e. the location of the stop; f. the reason for the stop. 7) requires the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit an annual report of the information collected under Subdivision (6) to: a. the Commission on Law Enforcement; and b. the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. The PROSPER POLICE DEPARTMENT has satisfied the statutory data audit requirements as prescribed in Article 1 of 9 Page 79 Item 10. 2.133(c), Code of Criminal Procedure during the reporting period. Executed by: DEVIN E. REAVES CASE MANAGER/RECORDS COORDINATOR Date: 01/22/2024 2 of 9 Page 80 Item 10. Motor Vehicle Racial Profiling Information Total stops: 9396 _______________________________________________________________________________________________________________________________ Street address or approximate location of the stop City street 5445 US highway 2919 County road 6 State highway 917 Private property or other 109 Was race or ethnicity known prior to stop? Yes 289 No 9107 Race / Ethnicity Alaska Native / American Indian 61 Asian / Pacific Islander 1048 Black 1934 White 4572 Hispanic / Latino 1781 Gender Female 3264 Alaska Native / American Indian 15 Asian / Pacific Islander 327 Black 739 White 1788 Hispanic / Latino 395 Male 6132 Alaska Native / American Indian 46 Asian / Pacific Islander 721 Black 1195 White 2784 Hispanic / Latino 1386 Reason for stop? Violation of law 988 Alaska Native / American Indian 6 Asian / Pacific Islander 83 Black 265 White 435 3 of 9 Page 81 Item 10. Hispanic / Latino 199 Preexisting knowledge 215 Alaska Native / American Indian 0 Asian / Pacific Islander 7 Black 55 White 58 Hispanic / Latino 95 Moving traffic violation 6073 Alaska Native / American Indian 34 Asian / Pacific Islander 807 Black 1027 White 3218 Hispanic / Latino 987 Vehicle traffic violation 2120 Alaska Native / American Indian 21 Asian / Pacific Islander 151 Black 587 White 861 Hispanic / Latino 500 Was a search conducted? Yes 446 Alaska Native / American Indian 0 Asian / Pacific Islander 11 Black 181 White 139 Hispanic / Latino 115 No 8950 Alaska Native / American Indian 61 Asian / Pacific Islander 1037 Black 1753 White 4433 Hispanic / Latino 1666 Reason for Search? Consent 146 Alaska Native / American Indian 0 Asian / Pacific Islander 4 Black 32 White 68 4 of 9 Page 82 Item 10. Hispanic / Latino 42 Contraband 15 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 6 White 5 Hispanic / Latino 4 Probable 229 Alaska Native / American Indian 0 Asian / Pacific Islander 3 Black 127 White 48 Hispanic / Latino 51 Inventory 31 Alaska Native / American Indian 0 Asian / Pacific Islander 2 Black 11 White 10 Hispanic / Latino 8 Incident to arrest 25 Alaska Native / American Indian 0 Asian / Pacific Islander 2 Black 5 White 8 Hispanic / Latino 10 Was Contraband discovered? Yes 218 Did the finding result in arrest? (total should equal previous column) Alaska Native / American Indian 0 Yes 0 No 0 Asian / Pacific Islander 5 Yes 1 No 4 Black 105 Yes 22 No 83 White 57 Yes 17 No 40 Hispanic / Latino 51 Yes 18 No 33 No 228 Alaska Native / American Indian 0 Asian / Pacific Islander 6 Black 76 White 82 Hispanic / Latino 64 5 of 9 Page 83 Item 10. Description of contraband Drugs 169 Alaska Native / American Indian 0 Asian / Pacific Islander 4 Black 88 White 42 Hispanic / Latino 35 Weapons 7 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 1 White 2 Hispanic / Latino 4 Currency 1 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 0 White 0 Hispanic / Latino 1 Alcohol 16 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 7 White 5 Hispanic / Latino 4 Stolen property 3 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 0 White 0 Hispanic / Latino 3 Other 22 Alaska Native / American Indian 0 Asian / Pacific Islander 1 Black 9 White 8 Hispanic / Latino 4 Result of the stop Verbal warning 2304 6 of 9 Page 84 Item 10. Alaska Native / American Indian 14 Asian / Pacific Islander 257 Black 478 White 1114 Hispanic / Latino 441 Written warning 4229 Alaska Native / American Indian 33 Asian / Pacific Islander 411 Black 920 White 2195 Hispanic / Latino 670 Citation 2704 Alaska Native / American Indian 13 Asian / Pacific Islander 374 Black 486 White 1202 Hispanic / Latino 629 Written warning and arrest 22 Alaska Native / American Indian 0 Asian / Pacific Islander 1 Black 8 White 6 Hispanic / Latino 7 Citation and arrest 21 Alaska Native / American Indian 0 Asian / Pacific Islander 1 Black 7 White 6 Hispanic / Latino 7 Arrest 116 Alaska Native / American Indian 1 Asian / Pacific Islander 4 Black 35 White 49 Hispanic / Latino 27 Arrest based on Violation of Penal Code 111 Alaska Native / American Indian 1 Asian / Pacific Islander 4 7 of 9 Page 85 Item 10. Black 33 White 49 Hispanic / Latino 24 Violation of Traffic Law 6 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 3 White 1 Hispanic / Latino 2 Violation of City Ordinance 0 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 0 White 0 Hispanic / Latino 0 Outstanding Warrant 42 Alaska Native / American Indian 0 Asian / Pacific Islander 2 Black 14 White 11 Hispanic / Latino 15 Was physical force resulting in bodily injury used during stop? Yes 1 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 1 White 0 Hispanic / Latino 0 Resulting in Bodily Injury To: Suspect 1 Officer 0 Both 0 No 9395 Alaska Native / American Indian 61 Asian / Pacific Islander 1048 Black 1933 White 4572 Hispanic / Latino 1781 8 of 9 Page 86 Item 10. Submitted electronically to the The Texas Commission on Law Enforcement Number of complaints of racial profiling Total 0 Resulted in disciplinary action 0 Did not result in disciplinary action 0 Comparative Analysis Use TCOLE's auto generated analysis _ Use Department's submitted analysis Optional Narrative N/A 9 of 9 Page 87 Item 10. Police Department 2023 Racial Profiling Report Chief Doug Kowalski Presented February 27, 2024 Page 88 Item 10. Traffic Encounter Estimate •The uniformed and traffic divisions of the Prosper Police Department are presented with approximately 267,424 traffic stop opportunities or possible encounters on a daily basis per the published daily traffic count by TXDOT. •This DOES NOT include traffic on North and South Dallas Parkway. •The most recent data published on TXDOT’s website is October 5,2023. 267,424 Vehicles per Day Page 89 Item 10. https://gis-txdot.opendata.arcgis.com/datasets/txdot-aadt-annuals/explore?location=33.238439%2C- 96.788814%2C13.57 3 17,253 FM 1385 46,562 US 380 49,862 US 380 38,331 Preston Rd 37,986 US 380 13,243 Custer Rd 13,416 Prosper Trail 13,523 Frontier Pkwy 29,330 Preston Rd TXDOT Annual Average Daily Traffic 2023 Report AADT= Annual Average Daily Traffic AADT= VOL x SF x AF VOL= 24-hr volume count SF= applicable month/day combination seasonal factor AF= applicable axle-correction factor 7,918 First St Page 90 Item 10. 7573 9396 2023 vs 2022 Total Traffic Stops 2023 2022 4 2304 4229 2704 22 21 116 Results of 2023 Traffic Stops Verbal Warning -2304 Written Warning-4229 Citation-2704 Written Warning and Arrest-22 Citation and Arrest-21 Arrest-116 Difference: +1823 in 2023 Page 91 Item 10. Traffic Stops by Location 9396 109 6 917 2919 5445 0 1000 2000 3000 4000 5000 6000 7000 8000 9000 10000 Total Stops Private Property County Road State Highway US Highway City Street Count of Traffic Stops by Location Page 92 Item 10. Community Demographics Source: US Census Bureau-Decennial Census, https://data.census.gov/cedsci/table?q=P1%20 Prosper%20town,%20Texas Page 93 Item 10. 7 34.74% 65.26% % of Stops by Gender Female- 3264 Male-6132 61 1048 1934 4572 1781 0 500 1000 1500 2000 2500 3000 3500 4000 4500 5000 Alaska/ Native… Asian/ Pacific Islander-… Black-1934 White-4572 Hispanic/Latino-1781 Total Traffic Stops by Race Total Traffic Stops by Race Page 94 Item 10. Basic Reasons for Traffic Stops 215 6073 2120 988 9396 0 2000 4000 6000 8000 10000 Pre-Existing Knowledge-215 Moving Traffic Violation-6073 Vehicle Traffic Violation-2120 Violation of the Law- 988 Total Traffic Stops Reasons for the Traffic Stop # of Stops 446 8950 Search Conducted During Traffic Stop Yes-446 No-8950 Total: 9396 Page 95 Item 10. Searches Conducted Traffic Stops 446 25 31 229 15 146 0 50 100 150 200 250 300 350 400 450 500 Total Searches-446 Incident to Arrest-25 Inventory-31 Probable Cause-229 Contraband-Plain… Consent-146 Reason for Searches # of Searches Conducted 0 11 181 139 115 Demographics of 446 Searches Conducted Alaska/Native American/Indian-0 Asian/Pacific Islander-11 Black-181 White-139 Hispanic/Latino-115 Page 96 Item 10. Use of Force During Traffic Stop & Racial Profiling Complaints 7573 1 Bodily Injury Occurred as the Result of an Officer’s Response to Resistance NO-9395 YES-1 Total: 9396 Total Number of Racial Profiling Complaints Received during 2023: 0 Page 97 Item 10. Additional Information from Traffic Stops 2280768264 21851055751 0 50 100 150 200 250 NO-228 Asian/Pacific Islander-0 Black-76 White-82 Hispanic/Latino-64 YES-218 Asian/Pacific Islander-1 Black-105 White-57 Hispanic/Latino-51 Contraband Found by Demographic During 326 Searches Count of Searches Contraband Discovered 1116 0 42 Basis for 159 Arrests Performed as a Result of a Traffic Stop Violation of Penal Code-69.81% Violation of Traffic Law-3.78% Violation of City Ordinance-0.0% Outstanding Warrant-26.42% Page 98 Item 10. Page 1 of 3 To: Mayor and Town Council From: Terrence S. Welch, Town Attorney Doug Kowalski, Chief of Police Through: Mario Canizares, Town Manager Re: Ordinance Amending Current Firearms Provisions in the Code of Ordinances Town Council Meeting – February 13, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon an ordinance amending Section 1.09.017 of the Code of Ordinances relative to the carrying of firearms in Town parks, and Sections 8.03.001 and 8.03.002 of the Code of Ordinances relative to the carrying and discharge of firearms in Town buildings or in the Town limits. Description of Agenda Item: The 87th Texas Legislature (Regular Session) adopted House Bill 1927, effective September 1, 2021, which prohibited or limited in major respects municipal regulation of the carrying of firearms. Several provisions in the Town’s Code of Ordinances, although not currently enforced, are outdated as a consequence of HB 1927. Current Subsection (a) of Section 1.09.017 of the Code prohibits the carrying of firearms in Town parks. HB 1927 now generally allows the carrying of firearms in a public park (exceptions exist for various types of criminal offenders, family violence offenders, fugitives, etc.), so Subsection (a) of Section 1.09.017 has been repealed and existing Subsection (b) is now the only operative part of Section 1.09.017. That provision now prohibits the discharge of firearms in a park, and prohibits the carrying or discharge of fireworks, air guns, bows and arrows, slingshots or devices which project an object that would create a fire hazard or a danger to the public in a park. Current Subsection (a) of Section 8.03.001 of the Code prohibits any person, other than a peace officer, to carry a firearm in any building where municipal court is held. Under HB 1927, the Town cannot prohibit the carrying of handguns in Town buildings except in limited situations: council meetings and the offices of the municipal court (as referenced in Section 46.03 of the Texas Penal Code). Consequently, this Ordinance brings Section 1.09.017 into compliance with HB 1927. Current Section 8.03.002 has similar carrying provisions that are now restricted by HB 1927; however, the discharge of firearms as well as BB guns, pellet guns, air rifles, and paint guns remain illegal in the Town’s corporate limits. The revisions to Section 8.03.002 eliminated the “carrying” provisions and still address the illegality of the discharge of the weapons listed above. TOWN ATTORNEY/ POLICE DEPARTMENT Page 99 Item 11. Page 2 of 3 At the January 9, 2024, Town Council meeting, it was requested that the proposed ordinance be amended to include and authorize hunting, consistent with state law. Consequently, new Subsections (d) and (e) were added to Section 8.03.002 to read as follows: (d) The discharge of weapons and hunting, with any permit required by the State of Texas, shall be allowed on private property annexed into the Town after September 1, 1981, with a shotgun, air rifle or pistol, BB gun, or bow and arrow on a tract of land of t en (10) acres or more and: (1) more than 1,000 feet from the property line of any public land, as said land is defined in Section 229.003 of the Texas Local Government Code, as amended, school, commercial day care facility or hospital; (2) more than 600 feet from the property line of a residential subdivision or multifamily residential complex; and (3) more than 150 feet from a residence or occupied building on another property. (4) For purposes of this subsection, the person discharging a weapon described in this subsection and on property described in this subsection must have the express written permission from the owner on or over whose property any projectile would fall. In no event shall said weapon be used in a manner not reasonably expected to cause a projectile to cross the boundary of any tract. (e) The discharge of weapons and hunting, with any permit required by the State of Texas, shall be allowed on private property annexed into the Town after September 1, 1981, with a center fire or rim fire rifle or pistol of any caliber on a tract of land of fifty (50) acres or more and: (1) more than 1,000 feet from the property line of any public land, as said land is defined in Section 229.003 of the Texas Local Government Code, as amended, school, commercial day care facility or hospital; (2) more than 600 feet from the property line of a residential subdivision or multifamily residential complex; and (3) more than 300 feet from a residence or occupied building on another property. (4) For purposes of this subsection, the person discharging a weapon described in this subsection and on property described in this subsection must have the express written permission from the owner on or over whose property any projectile would fall. In no event shall said weapon be used in a manner not reasonably expected to cause a projectile to cross the boundary of any tract. Subsections (d) and (e) are contained in Section 229.003, “Regulation of Discharge of Weapon by Certain Municipalities,” of the Texas Local Government Code and are contained virtually word-for-word in the proposed ordinance. Additionally, a provision has been added that permits a right to protect oneself or one’s property from animal predators and wild or marauding animals. Budget Impact: There is no budgetary impact affiliated with this item. Page 100 Item 11. Page 3 of 3 Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached Ordinance as to form and legality. Attached Documents: 1. Ordinance Town Staff Recommendation: The Town Attorney recommends that the Town Council approve an ordinance amending Section 1.09.017 of the Code of Ordinances relative to the carrying of firearms in Town parks, and Sections 8.03.001 and 8.03.002 of the Code of Ordinances relative to the carrying and discharge of firearms in Town buildings or in the Town limits. Proposed Motion: I move to approve an ordinance amending Section 1.09.017 of the Code of Ordinances relative to the carrying of firearms in Town parks, and Sections 8.03.001 and 8.03.002 of the Code of Ordinances relative to the carrying and discharge of firearms in Town buildings or in the Town limits. Page 101 Item 11. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2024-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING SECTION 1.09.017, “FIREARMS, FIREWORKS, ETC.” OF ARTICLE 1.09, “PARKS AND RECREATION,” OF CHAPTER 1, “GENERAL PROVISIONS,” AND ARTICLE 8.03, “FIREARMS AND WEAPONS,” OF CHAPTER 8, “OFFENSES AND NUISANCES,” OF THE CODE OF ORDINANCES RELATIVE TO THE POSSESSION AND/OR DISCHARGE OF FIREARMS AND OTHER WEAPONS, IN COMPLIANCE WITH STATE LAW REGARDING THE CARRYING AND DISCHARGE OF FIREARMS, AND AUTHORIZING HUNTING ON CERTAIN TRACTS OF LAND, ALSO IN COMPLIANCE WTH STATE LAW, AND REPEALING ANY INCONSISTENT PROVISION; MAKING FINDINGS; PROVIDING FOR A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Prosper, Texas (“Town”), in the past has adopted ordinances that addressed the carrying of firearms on public property or in public buildings; and WHEREAS, House Bill 1927, adopted by the 87th Texas Legislature, Regular Session, and effective on September 1, 2021, prohibited Texas municipalities from adopting or enforcing an ordinance or other measure that restricted certain specific gun rights; and WHEREAS, as a result of the adoption of HB 1927 in 2021, certain previously adopted Town ordinances as passed are no longer enforceable and, as part of a periodic comprehensive review of Town ordinances, it is necessary for the Town to amend and/or repeal certain ordinance provisions that are inconsistent with HB 1927. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 From and after the effective date of this Ordinance, Section 1.09.017, “Firearms, Fireworks, etc.” of Article 1.09, “Parks and Recreation,” of Chapter 1, “General Provisions,” of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended to read as follows: “Sec. 1.09.017 Firearms, fireworks, etc. It shall be unlawful for any person to discharge firearms , and carry or discharge fireworks, air guns, bows and arrows, slingshots or any device which would or could project any object which would or could create a fire hazard or any hazard or danger to the public in a park, except with joint written approval of the Parks and Recreation Director and th e Town's Fire Page 102 Item 11. Ordinance No. 2024-__, Page 2 Chief, or his/her authorized agent and/or representative. Nothing herein shall conflict with any applicable state statute regulating the carrying or use of firearms.” SECTION 3 From and after the effective date of this Ordinance, Article 8.03, “Firearms and Weapons,” of Chapter 8, “Offenses and Nuisances,” of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended to read as follows: “ARTICLE 8.03. FIREARMS AND WEAPONS Sec. 8.03.001 Carrying of Firearm; Discharge of Rifle, Handgun or Shotgun. (a) It shall be unlawful for any person, other than a peace officer, to carry a firearm into the municipal court or any room or office utilized by the municipal court. * * * Sec. 8.03.002 Other Limitations on Discharge in Town Limits. (a) It shall be unlawful for any person to discharge any BB gun, pellet gun, gun, pistol, rifle, or firearm of any kind within the Town limits, except within a properly secured indoor firearms range, constructed and maintained in accord with National Rifle Association specifications and standards, or upon a range owned and operated by a governmental entity. (b) The terms “gun,” “pistol,” “rifle,” and “firearm” as used in this section shall not only be defined as to include all percussion weapons, but shall also include all air guns, air pistols, air rifles, paintball guns, and any other firearm using air pressure to propel a projectile. (c) This section shall not be construed to prohibit any peace officer from discharging a firearm in the performance of his duty, nor to prohibit any citizen from discharging a firearm when lawfully defending person or property. (d) The discharge of weapons and hunting, with any permit required by the State of Texas, shall be allowed on private property annexed into the Town after September 1, 1981, with a shotgun, air rifle or pistol, BB gun, or bow and arrow on a tract of land of ten (10) acres or more and: (1) more than 1,000 feet from the property line of any public land, as said land is defined in Section 229.003 of the Texas Local Government Code, as amended, school, commercial day care facility or hospital; (2) more than 600 feet from the property line of a residential subdivision or multifamily residential complex; and (3) more than 150 feet from a residence or occupied building on another property. (4) For purposes of this subsection, the person discharging a weapon described in this subsection and on property described in this subsection must have the express written permission from the owner on or over whose property any projectile Page 103 Item 11. Ordinance No. 2024-__, Page 3 would fall. In no event shall said weapon be used in a manner not reasonably expected to cause a projectile to cross the boundary of any tract. (e) The discharge of weapons and hunting, with any permit required by the State of Texas, shall be allowed on private property annexed into the Town after September 1, 1981, with a center fire or rim fire rifle or pistol of any caliber on a tract of land of fifty (50) acres or more and: (1) more than 1,000 feet from the property line of any public land, as said land is defined in Section 229.003 of the Texas Local Government Code, a s amended, school, commercial day care facility or hospital; (2) more than 600 feet from the property line of a residential subdivision or multifamily residential complex; and (3) more than 300 feet from a residence or occupied building on another property. (4) For purposes of this subsection, the person discharging a weapon described in this subsection and on property described in this subsection must have the express written permission from the owner on or over whose property any projectile would fall. In no event shall said weapon be used in a manner not reasonably expected to cause a projectile to cross the boundary of any tract. (f) In the event state law is amended to provide more or fewer restrictions than those referenced in Chapter 229 of the Texas Local Government Code, as amended, then the provisions of said Chapter 229 shall prevail. Further, nothing herein shall limit an individual’s right to protect life and property against animal predators, wild animals, or marauding animals. (g) Any person, firm or corporation who violates any provision of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined as provided in Section 1.01.009 of this Code for each such violation, and each and every day such violatio n continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation.” SECTION 4 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict. Any remaining portion of conflicting ordinances shall remain in full force and effect. SECTION 5 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. Page 104 Item 11. Ordinance No. 2024-__, Page 4 SECTION 6 This Ordinance shall become effective after its passage and publication, as required by state law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 13TH DAY OF FEBRUARY, 2024. APPROVED: ___________________________________ David F. Bristol, Mayor ATTEST: ____________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: _____________________________________ Terrence S. Welch, Town Attorney Page 105 Item 11. Page 1 of 2 To: Mayor and Town Council From: Chuck Ewings, Assistant Town Manager Through: Mario Canizares, Town Manager Re: Bid Award: Street Sweeping Contract Town Council Meeting – February 27, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon awarding RFP No. 2024 -08-A to Sweeping Corporation of America, LLC., related to the Town’s Street Sweeping services, and authorizing the Town Manager to execute a construction agreement for same. Description of Agenda Item: On January 23, 2024, at 3:00 PM, two (2) Competitive Sealed Proposals were received for street sweeping services. The project was advertised using the Competitive Sealed Proposal alternative procurement method to allow the Town to award the projects to the contractor that offers the best value proposal based on the following criteria, which includes recently revised standard percentages based on direction from the Town Council: Resources of Contractor (15%) Quality of Detail Work Plan (10%) Past Performance and Experience (15%) Cost Proposal (60%) The two verified proposal totals are $83,300.00 and $130,764.00 and the recommended contract is the lower of the two. The Engineer's estimate was $114,800.00. In the FY23 Budget, $63,764.00 is available for street sweeping services. The Streets Budget can absorb the first year, in FY25 additional funding will be required to continue the contract and will increase as the Town adds roadways such as First Street, Coit to Custer. The City of Frisco and City of McKinney were asked about sharing the cost of sweeping US 380, and Custer Road both responded that they currently have a sweeping program and would not wish to join in on this contract. The City of Celina was asked about Frontier Parkway from Preston Road to DNT, they declined since they currently have a sweeping contract. The proposed contract provides for sweeping of all major thoroughfares including TxDOT roadways Custer Road, US 380 from Custer to Legacy, Preston Road, and all six lanes of Frontier Road. All roads listed in Exhibit C of the agreement will be swept six times per year. The contract includes four (4) non- emergency and 10 emergency sweeping services as needed in between scheduled service as presented in Exhibit B of the agreement. PUBLIC WORKS Page 106 Item 12. Page 2 of 2 Budget Impact: This expenditure in the amount of $83,300.00 is funded from 100-5480-50-01 (Streets Contract Services). $63,764 was budgeted for street sweeping services and none of these funds have been expended this year. Since the contract is beginning within the budget year, the entire cost of the contract will not be required until next FY. 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. Bid Tabulation 2. Contract Town Staff Recommendation: Town staff recommends that the Town Council award RFP No. 2024-08-A to Sweeping Corporation of America, LLC, related to the Town’s Street Sweeping services; and authorizing the Town Manager to execute an agreement for same. Proposed Motion: I move to award RFP No. 2024-08-A to Sweeping Corporation of America, LLC, related to the Town’s Street Sweeping services; and authorizing the Town Manager to execute an agreement for same. Page 107 Item 12. Solicitation Number Solicitation Title Close Date Responding Supplier City State Response Submitted Response Total Sweeping Corporation of America, LLC Seven Hills, OH 44131 FL 1/23/2024 10:24:16 AM (CT)$83,300.00 Mister Sweeper LP Dallas TX 1/23/2024 11:04:48 AM (CT)$130,764.00 Certified by: Jay Carter, NIGP-CPP, CPPB, C.P.M. Certified on:January 23, 2024 Purchasing Manager Town of Prosper, Texas **All bids/proposals submitted for the designated project are reflected on this tabulation sheet. However,the listing of the bid/proposal on this tabulation sheet shall not be construed as a comment on the responsiveness of such bid/proposal or as any indication that the agency accepts such bid/proposal as being responsive. The agency will make a determination as to the responsiveness of the vendor responses submitted based upon compliance with all applicable laws,purchasing guidelines and project documents,including but not limited to the project specifications and contract documents. The agency will notify the successful vendor upon award of the contract and,as according to the law, all bid/proposal responses received will be available for inspection at that time. TOWN OF PROSPER PROPOSAL TABULATION SUMMARY RFP No. 2024-08-A Street Sweeping Services 01/3/2024 @ 2:00PM Page 108 Item 12. Contract for Services Bid No. 2024-08-A Page 1 TOWN OF PROSPER CONTRACT FOR SERVICES RFP NO. 2024-08-A This Contract is made by the Town of Prosper, Texas, a municipal corporation (“Town”) and Sweeping Corp of America (“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: RFP 2024-08-A Street Sweeping Services (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 the 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. The 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 the 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 109 Item 12. Contract for Services Bid No. 2024-08-A Page 2 11. INDEMNIFICATION. As specified in Exhibit A. 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 110 Item 12. Contract for Services Bid No. 2024-08-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. The 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 111 Item 12. Contract for Services Bid No. 2024-08-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. IRAN, SUDAN AND FOREIGN TERRORIST ORGANIZATIONS. If § 2252.153 of the Texas Government Code is applicable to this Contract, by signing below Contractor does hereby represent, verify and warrant that (i) it does not engage in business with Iran, Sudan or any foreign terrorist organization and (ii) it is not listed by the Texas Comptroller under § 2252.153, Texas Government Code, as a company known to have contracts with or provide supplies or services to a “foreign terrorist organization” as defined in § 2252.151 of the Texas Government Code. 24. PROHIBITION ON CONTRACTS WITH CERTAIN COMPANIES PROVISION. In accordance with Section 2252.152 of the Texas Government Code, the Parties covenant and agree that Contractor is not on a list maintained by the State Comptroller’s Office prepared and maintained pursuant to Section 2252.153 of the Texas Government Code. 25. 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. 26. 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. 27. 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: Sweeping Corporation of America, LLC Gary Milner, Branch Manager 4141 Rockside Rd, Suite 100 Seven Hills, OH 44131 bids@sweepingcorp.com Page 112 Item 12. Page 113 Item 12. 2024-08-A Addendum 1 Street Sweeping Services Issue Date:1/7/2024 Questions Deadline:1/16/2024 12:00 PM (CT) Response Deadline:1/23/2024 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: 1/23/2024 02:00 PM (CT)2024-08-A Addendum 1Page 1 of 7 pages Exhibit A Page 114 Item 12. Event Information Number:2024-08-A Addendum 1 Title:Street Sweeping Services Type:Request for Proposals Issue Date:1/7/2024 Question Deadline:1/16/2024 12:00 PM (CT) Response Deadline:1/23/2024 02:00 PM (CT) Notes: The intent of this solicitation is to establish an annual agreement to provide street sweeping services for the Town of Prosper on public streets to reduce stormwater pollutants to the maximum extent practicable. 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 to the Town of Prosper as determined by the evaluation criteria as stated herein. The Town reserves the right to award any or all line items, in whole or in part, to one or more vendors. The cycle frequencies stated herein are an accurate reflection of the Town’s anticipated needs. However, due to budget contingencies, cycle frequencies may be adjusted prior to award, or 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 contract is attached as one of the documents available for download as part of this RFP. The Town of Prosper requires that all questions relating to this RFP be submitted in writing to Jay Carter, Purchasing Manager, at jcarter@prospertx.gov by 12:00pm on Tuesday, January 16, 2024. No questions will be answered over the phone. Questions in regard to the specifications will only be accepted until the stated deadline. Submissions should be uploaded to the Town’s eprocurement portal Ionwave as a single complete document. Vendors can register at Bid Opportunities | Prosper, TX (prospertx.gov). The proposal must be submitted by 2:00PM CST on January 23, 2024, via Ionwave. The results of the bids will be read at January 23, 2024, at 3:00PM CST and can be attended by using the following link: Microsoft Teams meeting Join on your computer, mobile app or room device Meeting ID: 289 226 797 830 Passcode: bpqZKt Download Teams | Join on the web Ship To Information Billing Information Deadline: 1/23/2024 02:00 PM (CT)2024-08-A Addendum 1Page 2 of 7 pages Page 115 Item 12. 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 Contact:Accounts Payable Address:Finance Town Hall 3rd Floor 250 W. First St. P.O. Box 307 Prosper, TX 75078 Phone:(972) 569-1017 Email:ap@prospertx.gov Bid Attachments 2024-08-A RFP for Street Sweeping Services.pdf Download 2024-08-A RFP for Street Sweeping Services 2024-08-A Addendum #1.pdf Download 2024-08-A Addendum #1 Conflict of Interest Questionnaire 1-1-2021.pdf Download Conflict of Interest Questionnaire 1-1-2021 Standard Terms and Conditions for Procurements V 9-11-23.pdf Download Standard Terms and Conditions for Procurements V 9-11-23 References Worksheet - fillable.pdf Download References Worksheet Insurance Requirements for General Services R7-25-19.pdf Download Insurance Requirements for General Services Standard Contract for Services Version 01-01-2024.pdf Download Standard Contract for Services Requested Attachments SOQ Submission (Attachment required) SOQ submission as a single document. 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: 1/23/2024 02:00 PM (CT)2024-08-A Addendum 1Page 3 of 7 pages Page 116 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) 6 Addendum No. 4 By checking this box, vendor acknowledges receipt and understanding of Addendum No. 4 (if issued by the Town of Prosper). I Agree (Optional: Check if applicable) 7 Addendum No. 5 By checking this box, vendor acknowledges receipt and understanding of Addendum No. 5 (if issued by the Town of Prosper). I Agree (Optional: Check if applicable) Bid Lines 1 Package Header Regular Sweeping Services Quantity:1 UOM:EA Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) Deadline: 1/23/2024 02:00 PM (CT)2024-08-A Addendum 1Page 4 of 7 pages Page 117 Item 12. Package Items 1.1 Thoroughfare (45 MPH and above) (Response required) Quantity:1200 UOM:Lane Miles Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 1.2 Secondary (40 MPH and below) (Response required) Quantity:200 UOM:Lane Miles Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 2 Package Header Special Sweeping Services Quantity:1 UOM:EA Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) Package Items 2.1 Non-Emergency (Response required) Quantity:40 UOM:HR Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 2.2 Emergency (Response required) Quantity:40 UOM:HR Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 2.3 Mobilization for Non-emergency (Response required) Quantity:4 UOM:EA Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) Deadline: 1/23/2024 02:00 PM (CT)2024-08-A Addendum 1Page 5 of 7 pages Page 118 Item 12. 2.4 Mobilization for Emergency (Response required) Quantity:10 UOM:EA Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) Deadline: 1/23/2024 02:00 PM (CT)2024-08-A Addendum 1Page 6 of 7 pages Page 119 Item 12. Page 120 Item 12. 1 Request for Proposal 2024-08-A STREET SWEEPING SERVICES 1.0 INTENT The intent of this solicitation is to establish an annual agreement to provide street sweeping services for the Town of Prosper on public streets to reduce stormwater pollutants to the maximum extent practicable. 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 to the Town of Prosper as determined by the evaluation criteria as stated herein. The Town reserves the right to award any or all line items, in whole or in part, to one or more vendors. The cycle frequencies stated herein are an accurate reflection of the Town’s anticipated needs. However, due to budget contingencies, cycle frequencies may be adjusted prior to award, or 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 contract is attached as one of the documents available for download as part of this RFP. The Town of Prosper requires that all questions relating to this RFP be submitted in writing to Jay Carter, Purchasing Manager, at jcarter@prospertx.gov by 12:00pm on Tuesday, January 16, 2024 No questions will be answered over the phone. Questions in regard to the specifications will only be accepted until the stated deadline. Submissions should be uploaded to the Town’s eprocurement portal Ionwave as a single complete document. Vendors can register at Bid Opportunities | Prosper, TX (prospertx.gov). The proposal must be submitted by 2:00PM CST on January 23, 2024, via Ionwave. The results of the bids will be read at January 23, 2024, at 3:00PM CST and can be attended by using the following link: Microsoft Teams meeting Join on your computer, mobile app or room device Meeting ID: 289 226 797 830 Passcode: bpqZKt Download Teams | Join on the web 1.1 WORK OBJECTIVE The contractor is to provide personnel, management, supervision, quality control, materials, and equipment to perform street sweeping services for the Town of Prosper according to these specifications. Page 121 Item 12. 2 2.0 SCOPE OF SERVICES 2.1 DEFINITION OF TERMS: 2.1.1 "Line Mile" shall mean the number of miles, to the nearest 1/100 of a mile, as measured along the center line of the street, whether there is a median. A typical thoroughfare with a median and two (2) lanes in each direction will have four (4) Line Miles per mile of road. Right turn and left turn lanes are considered as additional lane miles. 2.1.2 “Inspector” shall mean the Town of Prosper inspector. 2.1.3 "Agreement" shall mean the agreement for the sweeping and disposal of debris from the streets of the Town of Prosper. 2.1.4 "Town" shall mean the Town of Prosper, its officers, employees, agents or representatives. 2.1.5 "Contractor" shall mean the person, corporation or partnership performing street sweeping services under contract with the Town. 2.1.6 "Debris" shall mean all litter, rubbish, leaves, sand, dirt, garbage and other foreign material removable from a paved street with a street sweeper. 2.1.7 "May" shall be permissive. 2.1.8 “Regenerative Air Sweeper” refers to sweeper that uses forced air to create a swirling effect inside a contained sweeping head and then uses the negative pressure on the suction side to place the road debris inside a hopper. Debris is removed from the air by centrifugal separation and reused keeping particulate matter inside the hopper. 2.1.9 “Regular Sweeping Services” shall refer to sweeping streets with the frequency listed on Appendix B using a Regenerative Air Sweeper. 2.1.10 "Shall" means mandatory. 2.1.11 “Special Sweeping Services” refers to sweeping on an as needed basis as requested by the Town. 2.1.12 "Street" shall mean all dedicated public right-of-way within the existing or future limits of the Town of Prosper, which are paved. The term “street” shall include other paved areas as directed. 2.1.13 "Street Sweeping" shall mean the removal by dustless type machine sweepers of all debris from all portions of a street. Page 122 Item 12. 3 2.1.14 "Sweeping" shall mean all debris removed from streets. 2.2 SERVICE REQUIRED 2.2.1 Service shall include furnishing all labor, equipment, tools, fuel, materials, insurance, supervision and all other items incidental thereto and to perform all work necessary as specified. This includes: 2.2.1.1 Regular Sweeping Services The contractor will sweep streets on the frequency identified on the attached map (attached to this RFP) according to Sweeping Schedule. 2.2.1.2 Special Services 2.2.1.2.1 Emergency Services are upon request by the Town. The sweeping operations shall begin within four (4) hours of the notification. 2.2.1.2.2 Nonemergency Services are upon request by the Town. The sweeping operations shall begin by the end of the next business day following the notification. 2.2.2 Changes in Services During the term of this agreement or any extension thereof, the Town may elect to increase or decrease the frequency or number of Curb Line Miles of street sweeping services. The stated increase or decrease shall be by written or electronic notification to the contractor. The unit price for changes and/or additions shall be at the current agreement unit pricing. 2.3 DISPOSAL The Town will provide a location within the Town of Prosper to offload all sweepings. 2.4 HOURS OF OPERATION Standard business operating hours are Monday through Sunday, between the hours of 7:00 a.m. and 7:00 am., CST. Sweeping operations are to be conducted during the times shown on the bid, with the following exceptions listed in paragraphs 2.5 and 2.6. 2.5 HOLIDAYS The following is a list of holidays on which contract service will not be performed: Page 123 Item 12. 4 New Year's Day Memorial Day Independence Day - July 4th Labor Day - First Monday in September Thanksgiving Holiday-Fourth Thursday and Friday in November Christmas Eve Christmas Day 2.6 WEATHER CONDITIONS The Contractor shall not sweep when weather conditions make sweeping ineffective or hazardous. This includes conditions when water used in sweeping may later freeze. 2.7 CONTRACTOR/TOWN COMMUNICATIONS 2.7.1 Local Office Throughout the period of this agreement, the Contractor shall establish and maintain an office/dispatch and an authorized managing agent in the North Texas area. Contractor's managing agent shall serve as the point of contact for the Contractor during business hours. The Contractor shall provide 24-hour contact information for Special Service request and deficiency notices. 2.7.2 Town Contact The overall contract administrator for the Town is the Public Works Director. For daily operations, the Town's point of contact will be the Streets Superintendent, or authorized representative. 2.7.3 Contractor Contact The Contractor shall provide a contact for the following: 1. Supervisor available via telephone, email and mobile response during all hours during sweeping. The vehicle used by the Supervisor shall not be a sweeper. 2. Customer service via telephone during all business hours. 2.8 DOCUMENTATION AND REPORTING The contractor shall collect daily information on sweeping activities which shall include: 1. Locations 2. Mileage 3. Date and time 4. Vehicle Page 124 Item 12. 5 5. Estimated volume or weight of debris collected by each vehicle by date and time. The contractor shall make this information available in a database format on an ongoing basis. 2.9 CONTRACTOR'S EMPLOYEES 2.9.1 Identification Contractor's employees shall be required to wear a clean uniform bearing Contractor's name. Employees who normally and regularly come into direct contact with the public shall bear some means of individual identification, such as a nametag or identification card. 2.9.2 Driver’s License Employees driving the Contractor's vehicles shall at all times possess and carry a valid Driver’s License issued by the State of Texas which is appropriate for the type and size of the vehicle. 2.9.3 Conduct The contractor’s employees and subcontractors shall not identify themselves as being employees of the Town of Prosper. Employees shall conduct themselves in such a manner as to avoid embarrassment to the Town of Prosper and shall be courteous to the public. If required, the Town retains the right to require any operator be removed from working on this contract. 2.9.4 Safety All work under this contract shall be performed in such a manner as to provide maximum safety to the public and to employees performing work. The contractor shall have the responsibility to provide and maintain all warning devices and take all precautionary measures required by law or otherwise to protect the public during operations. No separate compensation shall be paid to the contractor for the installation or maintenance of any warning devices, barricades, lights, signs, attenuator trucks, arrow boards, or any other precautionary measures required by law or otherwise for protection of persons or property. The Town will not provide any type of work zone traffic control devices. The Town reserves the right to issue a restraint or cease order to the contractor when unsafe or harmful acts are observed or reported relative to the performance of the Page 125 Item 12. 6 work under this agreement or when contractor is not complying with safety requirements. Applicable provisions of the following shall be incorporated into the specifications for this project. a. Texas Manual on Uniform Traffic Control Devices. b. Texas State Highway Standard Specifications. c. All Federal, State or Municipal acts, statutes, rulings, ordinances, decisions and regulations. d. All subsequent revisions and supplements to the above document. The safety of the public and the convenience of traffic shall be regarded as prime importance. Unless otherwise provided herein, all portions of streets shall be kept open to traffic. All Contractors’ employees shall be trained and equipped to protect the public, and employees from hazards related to sweeping, and collecting and disposing debris. This includes wearing proper safety devices including eye/ear protection and safety vests at all times. 2.9.5 Water The Town will provide water for sweeping at the Public Works Service Center at no cost to the sweeper. 2.10 CONTRACTOR'S EQUIPMENT 2.10.1 Sweeping Equipment - Type, Quantity and Condition The Contractor shall provide and maintain during the entire period of the agreement, a fleet of not less than two (2) Regenerative Air Sweepers. All vehicles must be maintained in good repair, appearance and sanitary condition at all times. The Town reserves the right to inspect the Contractor's vehicles at any time to ascertain said condition. The Town representative shall have the right to "shut down" immediately, upon inspection, any vehicle/sweeper deemed unsafe or unsatisfactory during the performance of this agreement. The Contractor shall furnish the Town with a list identifying all equipment to be used in fulfilling this agreement and notify the Town of any additions or deletions. The list shall be submitted electronically/in writing to the Town Representative/Inspector. The Contractor shall utilize a sweeper fleet of the latest design. The age of equipment shall not exceed ten (10) years in age unless approved by the Town. Any changes in the Contractor's sweeping equipment from the initial equipment must have prior approval of the Town. 2.10.2 Equipment Identification Page 126 Item 12. 7 All vehicles and equipment used by the Contractor must be clearly identified with the name of the company, address of the local office and phone number of the local office on each side of the equipment. 2.10.3 Equipment Safety Requirements All equipment must be equipped in accordance with State laws and shall be equipped with amber lens flasher visible for one (1) mile in a 360-degree pattern and six-inch diameter hazard lights visible from the rear that operate independently of the brake lights. In addition, an arrow board (30" x 60") must be on all sweepers and be fully operational. 2.10.4 Minimum Sweeping Width Required Equipment must be capable of sweeping a minimum eight-foot width as measured with all brooms in the sweeping position. 2.10.5 Automatic Vehicle Location System (AVL) Contractor shall provide a complete AVL for the purpose of monitoring street sweeping activities. The AVL system shall be accessible via the internet on a secure website available to authorized Town staff, with a login and password. The AVL system shall include and initiate broadcasting data when brooms are activated or lowered to begin sweeping. Data shall be submitted at a minimum, to include but not be limited to, 30 second intervals to the secured website for monitoring. In order for the Town to monitor the efficiency of the street sweeping operation, the following information shall be provided by the AVL: 2.10.5.1 SPEED: The speed of the street sweeper during the street cleaning operation shall be monitored. The AVL shall be able to determine when the street sweeper is performing the cleaning operation and report the vehicle speed. This speed shall be measured in one mile per hour increments. The AVL shall be able to measure speeds accurately from a minimum of 3 miles per hour to a maximum of 25 miles per hour. 2.10.5.2 TRACKING: The accuracy of the street sweeper’s location shall be to within 50 feet or less of the actual location. The AVL shall show the following but not limited - vacuum on, gutter or center brush down &working, and the location of a single vehicle or all the vehicles. It is preferred that the street sweeper’s location be displayed on street map window with user- controlled sizing and placement. 2.10.5.3 MANAGEMENT REPORTS: As a minimum, daily management Page 127 Item 12. 8 reports on all the street sweepers shall be provided by the AVL to include routes cleaned and the time of day the routes were cleaned. In addition, a log type report of each occurrence, location, and the duration of the occurrence that the street sweeper was in excess of 8 miles per hour, while performing the cleaning operation. 2.10.5.4 RELIABILITY: The AVL shall maintain a 95% performance level. 2.10.5.5 COVERAGE: The AVL coverage area shall include all of Town of Prosper. 2.10.5.6 FREQUENCY: All monitored functions shall be available upon the request by the Town. 2.11 STANDARD OF PERFORMANCE 2.11.1 Level of Cleanliness for Regular Sweeping Contractor shall use a Regenerative Air Sweeper, which is performing in accordance with the manufacturer’s performance specification, to remove all debris from all streets and radius every sweeping cycle. The Contractor shall make as many passes as necessary to accomplish the task. This action will include removal of spills of concrete, rock, gravel, accident debris, etc. Items of excessive size, such as cardboard, large gravel etc. shall be physically picked up and placed in the hopper by the operator or other personnel. 2.11.2 Level of Cleanliness for Special Sweeping Contractor shall clean all debris from all streets and radius in the area identified by the Town to be cleaned. A mechanical broom sweeper may be used. The Contractor shall make as many passes as necessary to accomplish the task. This action will include removal of spills of concrete, rock, gravel, accident debris, etc. Items of excessive size, such as cardboard, large gravel etc. shall be physically picked up and placed in the hopper by the operator or other personnel. 2.12 AREAS TO BE CLEANED Arterial, Collector, Industrial, and Commercial Streets The entire length of all curbs (including median curbs and curb returns) uncurbed pavement edges and flush concrete or paved medians shall be swept each time the associated street is swept. The balance of each street shall be swept as needed. In any case, no debris shall be left anywhere on the street pavement after sweeping is completed. 2.13 SWEEPING PRACTICES Page 128 Item 12. 9 At all times the Contractor shall use good sweeping practices and shall exercise due care so as to prevent spilling, scattering or dropping of refuse throughout sweeping activity and shall immediately clean up such spillage, dropping or scattering. Sweeping practices include, but are not limited to: 2.13.1 Adjust spray nozzles to keep dust, caused by sweeping, to a minimum. 2.13.2 Center dirt reflector and main drag shoes shall be properly maintained and adjusted, or any other device designed to direct debris or dirt into the path of the rear broom. 2.13.3 Sweeping speed shall be adjusted to street conditions with a maximum speed of twelve (12) miles per hour. Patterned concrete medians, crosswalks and radius shall be swept at a maximum speed of three (3) miles per hour. 2.13.4 Operate sweepers as close to parked cars or other obstacles as safety allows. 2.13.5 Use common sense and good judgment at all times. 2.14 SWEEPING SCHEDULE The Contractor shall provide the Town with route maps, and annual schedule for approval. The Contractor shall keep such information current at all times. The Town reserves the right to alter the schedule with seven (7) day notification. The schedule shall include: 1. A sequence and date range to sweep all streets listed in Appendix B and C at the frequency shown. 2. Contingencies for the prevailing weather conditions experienced in Prosper. 2.15 HEAVY DEBRIS FROM CONSTRUCTION OR SANDING OPERATIONS 2.15.1 Construction Debris On Regular Sweeping Service the dirt and debris carried onto streets from identifiable construction sites is not considered the responsibility of the Contractor if located within 200 feet of the construction site. The Contractor shall report construction areas daily to the Inspector. 2.15.2 Sanding Operation Debris During snow and ice events the Town may apply large quantities of sand for safety. It is not intended that the bulk of this material be removed by Non-Emergency Sweeping Service. When sanding operations begin Regular Sweeping Service shall Page 129 Item 12. 10 be suspended. After the sanding operations have been completed the Town will provide a list of streets to receive Special Nonemergency Services. Once these streets have been cleaned Regular Sweeping Service can resume. 2.16 HANDLING OF DEFICIENCIES Deficiencies must be corrected within 24 hours of receipt of a deficiency notice. Failure of the Contractor to do so will result in a deduction of not less than one (1) Curb Line mile from the next payment. Failure to correct the deficiency within 24 hours of the notice shall be considered failure to perform. Each area unsatisfactorily cleaned will be considered a separate deficiency unless located with the same continuous mile section on the same street. 2.17 MEASUREMENT FOR PAYMENT 2.17.1 Regular Sweeping Service This service will be measured for payment by the total number of Lane miles swept satisfactorily. The miles shall be calculated to the nearest hundredth of a mile. Intersections shall not be measured in both directions when routes cross. Right and left turn lanes shall be measured as lane miles. 2.17.2 Special Sweeping Service: Special Service will be measured by the actual hours spent sweeping and actual hours traveling time between job sites when sweeping more than one location. A mobilization cost unit will be paid per sweeper for each call out regardless of the number of days to complete the service. The mobilization cost will include the travel time to the job site and return. 2.18 PAYMENT FOR SERVICE: 2.18.1 Regular Service The Contractor must electronically invoice the Town for the amount of service actually performed. The Contractor invoices shall state the area and units swept and the number of Line Miles swept thereon. If there are any deficiencies, which were not corrected, in the specified time, or units not completed due to adverse weather those areas and/or units shall be invoiced on the next billing cycle. The contractor shall not be paid for sweeps that do not meet schedule. Field Supervisor and vehicle cost will be considered incidental to the work. If Optional Bid Items are used, this will be added to the Regular Service invoice. 2.18.2 Special Service Page 130 Item 12. 11 The Contractor must invoice the Town for all Special service. The invoice must state the type of service (emergency or nonemergency sweep). 2.19 DELIVERY: It shall be the Contractor’s responsibility to meet the Town’s delivery requirements, as called for in the Technical Specifications. Town of Prosper reserves the right to obtain services on the open market in the event the Contractor fails to make delivery and any price differential will be charged against the Contractor. 2.20 TAX No tax shall be levied against labor. Bid pricing to include all labor, overhead, tools and equipment used, profit, and any taxes that may be levied. It is the responsibility of the Contractor to determine any and all taxes and include the same in bid price. 2.21 INVOICES AND PAYMENTS 2.21.1 The Contractor shall electronically submit their detailed invoice before payment(s) can be made (ap@prospertx.gov). At a minimum, the invoice must provide the following information: • Company name, address and contact • Town bill-to name and contact information • Town purchase order number • Invoice number and date • Date and hours for Special Sweeping • Pricing per unit of purchase (miles, hours, each) • Extended price • Total Amount Due 3.0 PRICE ADJUSTMENTS The rates set forth in the agreement shall remain effective for the period of one year from the date of commencement of operations under the agreement. Beginning one year after the commencement date, each November rates may be increased or decreased by up to the same percentage increase or decrease, if any, between the DFW CPI-U (DFW Consumer Price Index for all Urban Consumers), all items less energy as published from September to September. For example, an agreement starting in November 2020 will not be subject to a rate adjustment until November 2021. In November of 2021, rate adjustments will be based on CPI numbers for September 2020 to September 2021. In addition, the above-defined reasonable rates may, at the sole discretion of the Town, be adjusted annually by written agreement between the Town and the Page 131 Item 12. 12 Contractor in the event of regulatory changes in the Contractor’s cost of doing business, such as revised laws, ordinances, taxes, fees, or regulations. The Contractor shall provide the Town documents and records in sufficient detail to reasonably establish the necessity of any requested rate adjustment(s) at the time of the request. All the above-mentioned rate adjustment procedures are agreed to and understood to apply to any and all services provided to commercial and industrial customers as well as residential customers. Rate adjustments may not exceed 5% for any given year. 4.0 DETAILED WORK PLAN As a part of the proposal the Proposer shall submit a well-conceived service plan to accomplish the Work Objectives. It shall include: 1. Sweeping schedule or an approach to develop the schedule 2. Quality Control plan 3. Template or an approach to required documentation 4. Customer service plan 5. Safety plan 5.0 PROPOSAL WEIGHTED SCORING CRITERIA Proposals will be evaluated according to the following weighted scoring criteria. Scoring Category Points 1 Cost of Services 60 2 Resources of Contractor to achieve Work Objective (labor, equipment, AVL system, etc.) 15 3 Quality of Detailed Work Plan in achieving the Town’s Service Objectives 10 4 Past Performance and Experience in providing Similar Services in DFW Metroplex Area 15 Total Points 100 Submittal Requirements Each proposal must follow the submittal requirements described in this section. Any proposal which does not provide the information requested may be eliminated from further Page 132 Item 12. 13 consideration at the discretion of the Town of Prosper. Please upload all documents as a single file/document. Submissions should be uploaded to the Town’s eprocurement portal Ionwave as a single complete document. Vendors can register at Bid Opportunities | Prosper, TX (prospertx.gov). The bid must be submitted by 2:00PM CST on January 23, 2024, via Ionwave. The results of the bids will be read at 3:00PM CST and can be attended by using the following link: Microsoft Teams meeting Join on your computer, mobile app or room device Meeting ID: 289 226 797 830 Passcode: bpqZKt Download Teams | Join on the web In order for your proposals to be considered responsive, the following information should be submitted with your proposal, in the following order: Section 1: Title Page and Table of Contents The title page shall include the proposal number, the title and the name of your organization. It shall be signed by an officer of your company authorized to bind the organization in contracts. Include a table of contents listing the start page for each section. Section 2: Detailed Work Plan Please provide a write up addressing the following; a. Sweeping Schedule for the Town, or an approach to develop the schedule b. Quality Control Plan c. Templates for documentation or an approach to meet required documentation d. Customer Service Plan e. Safety Plan f. The AVL proposed. Section 3: Appendix A “Contractors Information Report” Please complete Appendix A (Contractor’s Information Report) attached to this RFP and submit with your proposal. Section 4: Appendix B “Pricing” Please complete Appendix B, “Pricing”. Page 133 Item 12. 14 Appendix A Contractors Information Report CONTRACTOR'S INFORMATION REPORT The information provided herein is in conjunction with the bid for Street cleaning and sweeping services for the Town of Prosper, Texas. Name of Bidder: Address: Town/State/Zip: Contact Name: Title: Telephone No.: Email Address A. EQUIPMENT AND FACILITIES 1. Is your repair and yard facility at the above address? Y 2. If NO, state the address of your yard facility. N 3. List of Contractor’s Sweepers AVL ID Manufacturer Model Year Cubic Yard Capacity Type* Fuel Type Owned or Lease Purchase Date Page 134 Item 12. 15 * Vacuum, Mechanical, Regenerative Air or other List of Other Equipment AVL ID Type of Equipment Manufacturer Model Year Cubic Yard Capacity Fuel Type Owned or Lease Purchase Date 4. If you were the successful bidder for cleaning and sweeping work in the Town of Prosper, Texas, list the additional equipment that you would purchase to execute this contract. Equipment to be purchased: AVL ID Type of Equip Manufacturer Model Year Cubic Yard Capacity Fuel Type New or Used Approx Cost Page 135 Item 12. 16 6. Information on Automatic Vehicle Locator (AVL). a. Is the AVL hosted by a 3rd party? . If yes, the name of the service provider and type of service. b. Provide a link to a demo or a screen shot of the service. B. MUNICIPAL AND STATE SWEEPING EXPERIENCE 1. List all completed municipal and/or state sweeping contracts your company completed between January 1, 2018 and December 31, 2023. DATES OF SERVICE Contracting Entity From To $ Value Date of Contract Completed 2. List all current municipal and/or state sweeping contracts your company is performing at present. If none, enter none. DATES OF SERVICE Contracting Entity From To $ Value Date of Contract Completed Page 136 Item 12. 17 Appendix B Pricing Regular Sweeping Service Bid Item Days of the Week Annual Frequency Estimated Units Unit Type Units Per Year Unit Price Annual Cost 1 Thoroughfare (45 MPH and above) All 6 191 Lane Miles 1,200 2 Secondary (40 MPH and below) All 6 27 Lane Miles 200 Section Subtotal Special Sweeping Services Bid Item Estimated Frequency Estimated Units Unit Type Units Per Year Unit Price Annual Cost 3 Non- Emergency 4 10 Hours 40 4 Emergency 10 4 Hours 40 5 Mobilization cost for Non- Emergency 4 1 Each 4 6 Mobilization cost for Emergency 10 1 Each 10 Section Subtotal Grand Total for Both Sections Page 137 Item 12. ROADWAY START FINISH SPEED LIMIT LANES MILES LANE MILE Custer Road US 380 Frontier Parkway 50 MPH 6.0 3.00 18.0 US 380 Custer Rd Lovers 55 MPH 3.0 3.50 10.5 US 380 Lovers Legacy 55 MPH 3.0 2.10 6.3 Preston Road US 380 Frontier Parkway 55 MPH 6.0 4.00 20.0 TxDOT Roads 69 Lane Miles Frontier Parkway Preston Road DNT 45 MPH 6.0 2.00 12.0 Lakewood Drive US 380 Meadow Dell 25 MPH 3.0 1.00 3.0 Coit Road US 380 First Street 45 MPH 4.0 1.50 6.0 La Cima US 380 First Street 40 MPH 4.0 1.30 5.2 Dallas North Toll Road US 380 Frontier Parkway 50 MPH 4.0 4.00 16.0 Legacy Road US 380 Westwood 45 MPH 4.0 1.00 4.0 Teel Road US 380 Parvin Road 45 MPH 2.0 3.00 6.0 Windsong Parkway US 380 Woodbine Lane 25 MPH 3.0 3.00 9.0 Gee Road US 380 First St 45 MPH 4.0 1.00 4.0 Gee Road First Str FM 1385 45 MPH 2.0 1.00 2.0 First Street Gee Road Teel Road 45 MPH 4.0 1.20 4.8 First Street Teel Road Village Park 45 MPH 4.0 1.00 4.0 First Street Village DNT 45 MPH 4.0 1.50 6.0 Legacy Road First Street Star Meadow Drive 35 MPH 2.0 0.70 1.4 Prosper Trail Legacy Road DNT 45 MPH 2.0 0.87 1.7 Prosper Trail Parkway DNT Coit Road 45 MPH 4.0 3.00 12.0 Prosper Tail Parkway Coit Road Custer Road 45 MPH 2.0 2.00 4.0 Cook Lane Prosper Trail First Street 35 MPH 3.0 1.00 3.0 First Street Craig Street Coit Road 45 MPH 4.0 1.50 6.0 Coleman Road Prosper Trail High School 45 MPH 2.0 0.60 1.2 Coleman Road High School Preston Road 45 MPH 4.0 1.00 4.0 Lovers Lane US 380 S Coleman 40 MPH 4.0 1.20 4.8 Richland Blvd Lovers S Coleman 40 MPH 4.0 0.60 2.4 South Coleman Richland Lovers 40 MPH 4.0 0.30 1.2 Richland Coit Road Prosper Commons 45 MPH 4.0 0.30 1.2 Down Town Broadway Coleman Mckinley 35 MPH 4.0 1.00 4.0 Mckinley Fifth Street First Street 25 MPH 2.0 0.50 1.0 Main Street Fifth Street First Street 25 MPH 2.0 0.30 0.6 STREET SWEEPING Exhibit C Page 138 Item 12. 19 Exhibit D Roadway Map Page 139 Item 12. Street Sweeping Bid Esri, NASA, NGA, USGS, FEMA, Texas Parks & Wildlife, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA Streams Prosper Town Limits TOWN Railroad October 27, 2023 0 0.75 1.50.38 mi 0 1 20.5 km 1:36,112 Page 140 Item 12. Street Sweeping Bid Esri, NASA, NGA, USGS, FEMA, Texas Parks & Wildlife, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA Streams Prosper Town Limits TOWN Railroad October 27, 2023 0 0.75 1.50.38 mi 0 1 20.5 km 1:36,112 Page 141 Item 12. Page 142 Item 12. 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 Services Agreement FM 1461 12-inch Water Line Relocation Project Town Council Meeting – February 27, 2024 Strategic Visioning Priority: 1. Acceleration of Infrastructure Agenda Item: Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Angel Valuation Services, LP, and the Town of Prosper, Texas, related to appraisal services for the FM 1461 12-inch Water Line Relocation project. Description of Agenda Item: The project involves replacement of approximately 15,700 linear feet of 12-inch water line on FM 1461 (Frontier Parkway) between Preston Road (SH 289) and Custer Road (FM 2478), ahead of the Texas Department of Transportation (TxDOT) widening from a 2-lane asphalt road to 4 lanes divided (ultimate 6 lanes). The current location of the Town’s 12-inch water line is on the south side of FM 1461 adjacent to the existing right-of-way for most of the project limits. Since the proposed roadway widening project will be over or near the existing water line, TxDOT is requiring the water line be relocated outside the limits of the proposed roadway paving. Since the majority of the existing 12-inch water line is located outside the current TxDOT right-of- way, the Town is eligible to receive reimbursement from TxDOT for expenses related to the water line relocation. Town staff is working with TxDOT on the Standard Utility Agreement that will establish the eligible expenses ratio, currently estimated at 72%. Once the final ratio has been calculated and determined by TxDOT, the Standard Utility Agreement will be presented to the Town Council for consideration. This contract provides appraisal services to determine the land value for 20 parcels along FM 1461 (Frontier Parkway). Angel Valuation, LP, has not worked directly with the Town of Prosper on a project, but they have worked with other municipalities in the metroplex with positive results. They are also the firm that supplied TxDOT with appraisals for the right-of-way acquisition related to the same project and have the knowledge necessary to successfully perform the work for the Town in a timely manner. ENGINEERING SERVICES Page 143 Item 13. Page 2 of 2 Budget Impact: The cost for the appraisal services is $72,000 and the funding source is Account No. 750-5410- 10-00-2114-WA. The current estimated cost for construction is $9,000,000, and the Town’s budget for easement acquisition and construction is $3,000,000. Final amount of reimbursement by TxDOT, currently estimated at 72%, will be outlined in the TxDOT Standard Utility Agreement. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard Professional Services Agreement as to form and legality. Attached Documents: 1. Professional Services Agreement 2. Location Map Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Professional Services Agreement between Angel Valuation Services, LP, and the Town of Prosper, Texas, related to appraisal services for the FM 1461 12-inch Water Line Relocation project. Proposed Motion: I move to authorize the Town Manager to execute a Professional Services Agreement between Angel Valuation Services, LP, and the Town of Prosper, Texas, related to appraisal services for the FM 1461 12-inch Water Line Relocation project. Page 144 Item 13. Page 145 Item 13. Page 146 Item 13. Page 147 Item 13. Page 148 Item 13. Page 149 Item 13. Page 150 Item 13. Page 151 Item 13. Page 152 Item 13. Page 153 Item 13. Page 154 Item 13. Page 155 Item 13. Page 156 Item 13. FM 1461 Water Line Easement Acquisition Overall Location Map PARCEL # OWNER 1 REMINGTON PRESTON LLC 2a MERITAGE HOMES OF TEXAS LLC/ FRONTIER ESTATES PHASE 2 2b MERITAGE HOMES OF TEXAS LLC/ FRONTIER ESTATES PHASE 2 3a CHRISTIAN CHAPEL ASSEMBLY OF GOD 3b CHRISTIAN CHAPEL ASSEMBLY OF GOD 4* WHITE R L LIVING TRUST 5* HE JIANMING 6* DA HOOD TRUST PARCEL # OWNER 7* ZUEHL SCOTT M & CHRISTY JO ZUEHL 8 TWIN CREELS PROSPER LLC 9 NIAZ ARSHAD 10 OM FRONTIER ESTATES LLC 11* AMBERWOOD FARMS HOMEOWNERS ASSN INC 12 DUNN RODNEY W & CHARLA 13 NAVA LUIS C & CLAUDIA 14 JOHNSON PHILLIP PARCEL # OWNER 15* KAMBOJI ABHIMANYU 16* QSI PARTNERS LLC 17* CASHON NANCY 18* PROPSER STORAGE LP Page 157 Item 13. 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 Services Agreement Legacy (Prairie – First) – 4 Lanes Town Council Meeting – February 27, 2024 Strategic Visioning Priority: 1. Acceleration of Infrastructure Agenda Item: Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Geotex Engineering LLC, and the Town of Prosper, Texas, related to professional construction materials testing and observation services for the Legacy (Prairie – First) – 4 Lanes project. Description of Agenda Item: At the January 23, 2024, Town Council meeting, the Town Council awarded Zachry Construction Corporation the construction contract for the Legacy (Prairie – First) – 4 Lanes project. In conformance with standard practice for governmental entities, the Town of Prosper is contracting with an independent firm for professional construction materials testing and observation services instead of the selected contractor including these services in their proposals. Construction materials testing and observation services are typically 1% to 5% of a project’s construction cost depending on its scope. Geotex Engineering LLC’s proposal for construction materials testing and observation services is 3.0% of the CIP project’s construction cost. The proposed services will be delivered on an as-needed basis and invoiced based on the actual quantity of work performed during construction. After establishing a fee schedule, the scope of services has been estimated based on standard practices and requirements for materials testing frequencies within the construction industry. At the October 24, 2023, Town Council meeting, the Town Council approved a list of qualified firms, which included services for Geotechnical Engineering and Material Testing. Geotex Engineering LLC (formerly known as D&S Engineering Labs, Inc.), is included on the approved list and has successfully worked on several projects within the Town of Prosper. ENGINEERING SERVICES Page 158 Item 14. Page 2 of 2 Budget Impact: The estimated cost for the professional construction materials testing and observation services is $273,416.00. Funding to be provided from the $10,000,000 construction budget for the Legacy (Prairie – First) – 4 Lanes project in Account No. 750-6610-10-00-2143-ST. The approved construction contract with Zachary Construction Corporation is $9,146,215.80 and including the professional construction materials testing and observation services agreement, there is $580,368.20 remaining in the construction budget. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard Professional Services Agreement as to form and legality. Attached Documents: 1. Professional Services Agreement 2. Location Map Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Professional Services Agreement between Geotex Engineering LLC, and the Town of Prosper, Texas, related to professional construction materials testing and observation services for the Legacy (Prairie – First) – 4 Lanes project. Proposed Motion: I move to authorize the Town Manager to execute a Professional Services Agreement between Geotex Engineering LLC, and the Town of Prosper, Texas, related to professional construction materials testing and observation services for the Legacy (Prairie – First) – 4 Lanes project. Page 159 Item 14. PROFESSIONAL SERVICES AGREEMENT VERSION 05/22 PAGE 1 OF 10 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND GEOTEX ENGINEERING LLC FOR THE LEGACY (PRAIRIE – FIRST) – 4 LANES PROJECT (2143-ST) This Agreement for Professional 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 GEOTEX ENGINEERING LLC, a company authorized to do business in Texas, acting through a duly authorized officer, hereinafter called “Consultant,” relative to Consultant providing professional construction materials testing & observation 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 construction materials testing & observation services in connection with the LEGACY (PRAIRIE – FIRST) – 4 LANES Project (2143-ST), hereinafter called “Project”; For the mutual promises and benefits herein described, Town and Consultant agree as follows: 1. Term of Agreement. This Agreement shall become effective on the date of its execution by both Parties, and shall continue in effect thereafter until terminated as provided herein. 2.Services to be Performed by Consultant. The Parties agree that Consultant shall perform such services as are set forth and described in Exhibit A - Scope of Services and incorporated herein as if written word for word. All services provided by Consultant hereunder shall be performed in accordance with the degree of care and skill ordinarily exercised under similar circumstances by competent members of their profession. In case of conflict in the language of Exhibit A and this Agreement, this Agreement shall govern and control. Deviations from the Scope of Services or other provisions of this Agreement may only be made by written agreement signed by all Parties to this Agreement. 3.Prompt Performance by Consultant. Consultant shall perform all duties and services and make all decisions called for hereunder promptly and without unreasonable delay as is necessary to cause Consultant’s services hereunder to be timely and properly performed. Notwithstanding the foreg oing, 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 an amount not-to-exceed Two Hundred Seventy-Three Thousand, Four Hundred Sixteen Dollars and Zero Cents ($273,416.00) for the Project as set forth and described in Exhibit B - Compensation Schedule and incorporated herein as if written word for word. Hourly not to exceed fees shall be billed monthly based on hours of work that have been completed. All other not to exceed fees shall be billed monthly based on the units of work that have been completed. Consultant agrees to submit statements to Town for professional services no more than once per month. These statements will be based upon Consultant's actual services performed and 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 Page 160 Item 14. PROFESSIONAL SERVICES AGREEMENT VERSION 05/22 PAGE 2 OF 10 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, specifi cations and all other pertinent information for the work it performs for Town. 7.Town Objection to Personnel. If at any time after entering into this Agreement, Town has any reasonable objection to any of Engineer’s personnel, or any personnel, professionals and/or consultants retained by Engineer, Engineer shall promptly propose substitutes to whom Town has no reasonable objection, and Engineer’s compensation shall be equitably adjusted to reflect any difference in Engineer’s costs occasioned by such substitution. 8.Insurance. Consultant shall, at its own expense, purchase, maintain and keep in force throughout the duration of this Agreement applicable insurance policies as described in Exhibit C - Insurance Requirements and incorporated herein as if written word for word. Consultant shall submit to Town proof of such insurance prior to commencing any work for Town. 9.Indemnification. CONSULTANT DOES HEREBY COVENANT AND AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS TOWN AND ITS OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES AND INVITEES FROM AND AGAINST LIABILITY, CLAIMS, SUITS, DEMANDS AND/OR CAUSES OF ACTION, (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES AND COSTS OF LITIGATION), WHICH MAY ARISE BY REASON OF DEATH OR INJURY TO PROPERTY OR PERSONS BUT ONLY TO THE EXTENT OCCASIONED BY THE NEGLIGENT ACT, ERROR OR OMISSION OF CONSULTANT, ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, INVITEES OR OTHER PERSONS FOR WHOM CONSULTANT IS LEGALLY LIABLE WITH REGARD TO THE PERFORMANCE OF THIS AGREEMENT. IN THE EVENT THAT TOWN AND CONSULTANT ARE CONCURRENTLY NEGLIGENT, THE PARTIES AGREE THAT ALL LIABILITY SHALL BE CALCULATED ON A COMPARATIVE BASIS OF FAULT AND RESPONSIBILITY AND THAT NEITHER PARTY SHALL BE REQUIRED TO DEFEND OR INDEMNIFY THE OTHER PARTY FOR THAT PARTY’S NEGLIGENT OR INTENTIONAL ACTS, ERRORS OR OMISSIONS. Page 161 Item 14. PROFESSIONAL SERVICES AGREEMENT VERSION 05/22 PAGE 3 OF 10 10.Notices. Any notices to be given hereunder by either Party to the other may be affected either by personal delivery, in writing, or by registered or certified mail to the following addresses: Geotex Engineering LLC Amy Brothers, P.E., President / Owner P.O. Box 855 Collinsville, TX 76233 ABrothers@geotex-engineering.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 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 A greement 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. 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 Page 162 Item 14. PROFESSIONAL SERVICES AGREEMENT VERSION 05/22 PAGE 4 OF 10 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 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.IRAN, SUDAN AND FOREIGN TERRORIST ORGANIZATIONS. If § 2252.153 of the Texas Government Code is applicable to this Contract, by signing below Contractor does hereby represent, verify and warrant that (i) it does not engage in business with Iran, Sudan or any foreign terrorist organization and (ii) it is not listed by the Texas Comptroller under § 2252.153, Texas Government Code, as a company known to have contr acts with or provide supplies or services to a “foreign terrorist organization” as defined in § 22 52.151 of the Texas Government Code. 21.PROHIBITION ON CONTRACTS WITH CERTAIN COMPANIES PROVISION. In accordance with Section 2252.152 of the Texas Government Code, the Parties covenant and agree that Contractor is not on a list maintained by the State Comptroller’s Office prepared and maintained pursuant to Section 2252.153 of the Texas Government Code. 22.Signatories. Town warrants and represents that the individual executing this Agreement on behalf of Town has full authority to execute this Agreement and bind Town to the same. Consultant warrants and represents that the individual executing this Agreement on its behalf has full authority to execute this Agreement and bind Consultant to same. IN WITNESS WHEREOF, the Parties, having read and understood this Agreement, have executed such in duplicate copies, each of which shall have full dignity and force as an original, on the _______ day of _______________________, 20____. GEOTEX ENGINEERING LLC By: Signature Printed Name Title Date TOWN OF PROSPER, TEXAS By: Signature Mario Canizares Printed Name Town Manager Title Date Amy Irwin Brothers President February 14, 2024 Page 163 Item 14. PROFESSIONAL SERVICES AGREEMENT VERSION 05/22 PAGE 5 OF 10 EXHIBIT A SCOPE OF SERVICES PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND GEOTEX ENGINEERING LLC FOR THE LEGACY (PRAIRIE – FIRST) – 4 LANES PROJECT (2143-ST) <<<REFERENCE NEXT 3 PAGES FOR DETAILS>>> Type text here Page 164 Item 14. 1101 Shady Oaks Drive, Denton, Texas 76205-7938 Phone: 940.735-3733 ● Fax: 940.591-6570 ● www.geotex-engineering.com Texas Engineer Firm Registration # F-12796 Oklahoma Engineering Firm Certificate of Authorization CA 7181 February 5, 2024 Proposal No.: 23-0817-004 Mr. Joshua Cotton Town of Prosper jcotton@prospertx.gov Subject: Construction Materials Testing Services Legacy Drive Prosper Prosper, Texas Dear Mr. Cotton: Geotex Engineering is pleased to submit this proposal for construction materials testing for the above- referenced project. We understand that the project entails the extension of Legacy Drive in Prosper, Texas. This proposal is based on structural and civil bid set plans dated November 2023; geotechnical report by CMJ Engineering dated March 1, 2023. PROJECT INFORMATION Based on our review of the project plans and specifications, we understand that the project will consist of the following: Legacy Drive: Moisture-conditioned subgrade (72-inches and 12-inches lime stabilized subgrade) 8-inch flexbase with geogrid at driveways Portland cement concrete paving Utility trench backfill Utility structures Pedestrian trails Bridge Structure: Cement stabilized abutment backfill Straight-sided drilled shaft foundation system (18-inch & 36-inch) Concrete wingwalls Reinforced concrete slab Approach slabs Page 165 Item 14. Legacy Drive Prosper, Texas G e o t e x E n g i n e e r i n g Page 2 SCOPE OF SERVICES The following scope of services is based on our review of the project documents and is limited to providing testing and/or observations for the previously mentioned construction. We do request that your construction representative provide us with a 24-hour notice for scheduling purposes. Same-day call-ins will be billed at premium rates. As such, we agree to provide the appropriate personnel to perform the below construction materials services. Earthwork ➢Obtain and perform laboratory moisture/density relations (ASTM D698)(Tex-114-E) and soil classification tests (liquid limit, plastic limit, and percent finer than no. 200 sieve analysis) for each soil type ➢Perform in-place moisture/density tests at the proposed rate of 1/300 linear feet for each roadway direction, and 1/300 linear feet for trench utility backfill, with a minimum of 3 tests per lift ➢Perform sulfate tests on pavement subgrade ➢Perform a pH test per 300 feet of spacing or less along each roadway direction ➢Determine swell potential every 900 feet spacing or less along each roadway direction ➢Perform in-place depth checks at the rate of 1/100 linear feet on lime-treated paving subgrades, and in-place gradations at the rate of 1/300 linear feet. ➢Perform compressive strength at the rate of 1/900 linear feet of roadway. Drilled Shaft Installation ➢An engineer or geologist will be onsite on the first day of drilled shaft placement to verify the soil design parameters and to provide assistance if any problems arise during placement. ➢Excavation observation of the drilled shafts will include: ▪record the diameter of the drilled shaft ▪record top and bottom pier elevations (information obtained from plans or provided by contractor) ▪record depth to the bearing stratum ▪record penetration into the bearing stratum ▪record if a casing was used ▪record if plumbness is within specification tolerance ▪record horizontal and vertical bars quantity and size ▪record the condition of drilled shaft excavation before concrete placement ▪record the time concrete was placed Reinforcing Steel ➢Perform reinforcing steel observation which will include: ▪verify the number and size of bars ▪verify clearance between bars and spacing ▪verify securing, tying, and chairing of bars ▪verify that the installation of forms complies with plans and specifications Page 166 Item 14. Legacy Drive Prosper, Texas G e o t e x E n g i n e e r i n g Page 3 Cast-In-Place Concrete ➢Perform testing during concrete placements, which will include: ▪perform ambient and concrete temperature determinations ▪perform entrained air content determination ▪perform slump determination ➢Cast concrete test cylinders at the proposed rate of 5/100 cubic yards of concrete placed for pavement and 5/60 cubic yards for bridge deck, or a fraction thereof placed per day ➢Compressive strength determination of concrete test cylinders with one tested at 7 days, three tested at 28 days, and one held in reserve ➢Perform pavement depth checks by core every 300 feet or less Structural Steel ➢Perform visual observation on welded and bolted connections ➢Perform ultrasonic observation on moment or “full-penetration” welded connections Notes and Qualifications: Preparation of a compliance letter or other tasks and services that will require Professional Engineering (PE) hours will be billed at the PE’s rate of $185/hour. COMPENSATION While testing is dependent on the construction sequence, contractor performance and efficiency, weather conditions, and the actual testing performed, we suggest an estimated budget of $273,416. The invoicing for this project will use the attached Fee Schedule and the actual quantity of work performed. The estimated budget will not be exceeded without prior approval. Services provided by Geotex Engineering will be consistent with the engineering standards prevailing at the time and in the area that the work is performed; no other warranty, express or implied, is intended. Estimates are valid for 60 days. If ICC Special Inspections are requested or required, additional fees will apply. Any additional testing that the client requests will be billed. A Letter of Agreement for your execution will be forwarded to your office upon your approval of this proposal. We appreciate the opportunity to provide you with our services. Please call if you have any questions or wish to discuss any aspect of our proposal. Sincerely, Geotex Engineering, LLC Brandon Lowrance Brandon Lowrance Chief Estimator Page 167 Item 14. PROFESSIONAL SERVICES AGREEMENT VERSION 05/22 PAGE 6 OF 10 EXHIBIT B COMPENSATION SCHEDULE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND GEOTEX ENGINEERING LLC FOR THE LEGACY (PRAIRIE – FIRST) – 4 LANES PROJECT (2143-ST) <<<REFERENCE NEXT 3 PAGES FOR DETAILS>>> Page 168 Item 14. Geotex Engineering 1101 Shady Oaks Dr. Denton, Texas Phone: 940.735.3433 Quantity Unit Unit Rate Total Moisture Density Relations (ASTM D698 - Method A or B)10 each $185.00 $1,850.00 Moisture Density Relations (ASTM D698 - Method C)2 each $200.00 $400.00 Atterberg Limits (ASTM 4318)17 each $95.00 $1,615.00 Minus 200 Sieve Analysis 10 each $50.00 $500.00 Sieve Analysis 2 each $125.00 $250.00 Oversized Rock Correction 2 each $80.00 $160.00 Soil pH 7 each $70.00 $490.00 Overburden Swell 3 each $85.00 $255.00 Unconfined compressive strength (soil)3 each $55.00 $165.00 Sample preparation for lime treated samples 3 each $80.00 $240.00 Lime Depth Checks 40 each $20.00 $800.00 Lime Subgrade Gradations (Tex-101-E)16 each $20.00 $320.00 Sulfate Content in Soils, Colorimetric Method 5 each $105.00 $525.00 Lime Series, Plasticity Index Method 2 each $500.00 $1,000.00 100 each $20.00 $2,000.00 202 each $20.00 $4,040.00 83 each $20.00 $1,660.00 132 hour $60.00 $7,920.00 162 hour $60.00 $9,720.00 48 hour $60.00 $2,880.00 Certified Engineering Soils Technician (Estimated overtime)75 hour $90.00 $6,750.00 Trip Charge 63 trip $50.00 $3,150.00 Project Manager 38 hour $125.00 $4,750.00 Project Administration n/a %10 $5,144.00 $56,584.00 Concrete Test Cylinders (4 x 8 inch) 340 each $25.00 $8,500.00 (Includes: ambient & concrete temperatures, slump, air & unit weight) Certified Engineering Concrete Technician (Min. 4 hrs. per trip)275 hour $60.00 $16,500.00 (Includes cylinder pick up) Certified Engineering Concrete Technician (Estimated overtime)100 hour $90.00 $9,000.00 Core Drilling Machine Fee 1 trip $375.00 $375.00 Hilti Ferroscan (Min. 4 hr. charge)4 hour $125.00 $500.00 4-inch Diameter or Less, Concrete Cores to 8" depth 7 each $75.00 $525.00 Core Hole Patching 7 each $75.00 $525.00 Engineering Concrete Core Technician 8 hour $65.00 $520.00 Trip Charge 30 trip $50.00 $1,500.00 Project Manager 31 hour $125.00 $3,875.00 Project Administration n/a %10 $4,182.00 $46,002.00Estimated Total for Concrete Services for Paving: In-Place Moisture-Density Tests (Utilities) Min 3 Per Trip Certified Engineering Soils Technician - Paving (Min. 4 hrs. per trip) Certified Engineering Soils Technician - Utilities (Min. 4 hrs. per trip) Estimated Total for Earthwork Services for Paving & Utilities: Concrete Observation & Testing - Paving & Utility Structures Earthwork Observation & Testing Paving & Utilities Certified Engineering Soils Technician - Grading Fill (Min. 4 hrs. per trip) In-Place Moisture-Density Tests (Paving) Min 3 Per Trip Budget Estimate for Construction Materials Testing & Observation Services Legacy Drive Prosper, Texas - 23-0817-004 In-Place Moisture-Density Tests (Grading Fill) Min 3 Per Trip Item Page 169 Item 14. Moisture Density Relations (Tex-114-E)2 each $225.00 $450.00 Atterberg Limits (Tex-104, 105 & 106-E)1 each $110.00 $110.00 Minus 200 Sieve Analysis 1 each $50.00 $50.00 40 each $20.00 $800.00 65 hour $60.00 $3,900.00 16 hour $90.00 $1,440.00 Trip Charge 10 trip $50.00 $500.00 Project Manager 6 hour $125.00 $750.00 Project Administration n/a %10 $800.00 $8,800.00 Concrete Test Cylinders (4 x 8 inch)240 each $25.00 $6,000.00 (Includes: ambient & concrete temperatures, slump, air & unit weight) Certified Engineering Concrete Technician (Min. 4 hrs. per trip)864 hour $60.00 $51,840.00 (Includes reinforcing, forms observation & cylinder pick up) Certified Engineering Concrete Technician (Estimated overtime)50 hour $90.00 $4,500.00 Senior Engineer (PE) 30 hour $250.00 $7,500.00 Trip Charge 90 trip $50.00 $4,500.00 Project Manager 60 hour $125.00 $7,500.00 Project Administration n/a %10 $8,184.00 $90,024.00 Drilled Shaft Observations Concrete Test Cylinders (4 x 8 inch)210 each $25.00 $5,250.00 (Includes: ambient & concrete temperatures, slump, air & unit weight) Certified Sr. Engineering Technician (Min. 4 hrs. per trip)336 hour $75.00 $25,200.00 Certified Sr. Engineering Technician (Estimated overtime)100 hour $112.50 $11,250.00 Senior Engineer (PE) 16 hour $250.00 $4,000.00 Trip Charge 44 trip $50.00 $2,200.00 Project Manager 39 hour $125.00 $4,875.00 Project Administration n/a %10 $5,278.00 $58,053.00 CWI Specialist Visual Observation (Min. 5 hrs. per trip)40 hour $85.00 $3,400.00 Ultrasonic Inspection (Min. 5 hrs. per trip)20 hour $95.00 $1,900.00 Material Fee 4 day $50.00 $200.00 Trip Charge 5 trip $130.00 $650.00 Project Manager 5 hour $125.00 $625.00 Project Administration n/a %10 $678.00 $7,453.00 Project Setup Fee 1 each $250.00 $250.00 Allowance for Sr. Engineer 25 hour $250.00 $6,250.00 $6,500.00 $273,416.00 Estimated Total for Drilled Shaft Services: Structural Steel Observation Estimated Total for Structural Steel Services: Estimated Total for Concrete Services: Certified Engineering Soils Technician (Min. 4 hrs. per trip) Estimated Total for Above Services: Certified Engineering Soils Technician (Estimated overtime) In-Place Moisture-Density Tests (Tex-115), Min 3 per trip Estimated Total for Earthwork Services: Concrete Observation & Testing Bridge Structure Earthwork Observation & Testing Bridge Structure Page 170 Item 14. SCHEDULED ASSUMPTIONS AND NOTES NOT INCLUDED IN REQUIREMENTS OR THE BUDGET Tests in excess of above stated quantities or additional tests not listed Retesting of any failed tests / observation Temporary site curing facility Project compliance letter The fees listed above for field and laboratory tests, include the equipment necessary to accomplish the task. Fees not listed above are available upon request. Estimates are valid for 60 days. Any additional testing that the client requests will be billed. There will be a 50% surcharge to the standard testing fees on all testing performed on rush orders. All services and personnel fees are subject to a minimum fee of four hours per trip for all scheduled inspections, site visits and for cancellations (on-site or in route) unless noted otherwise. Hourly rates quoted are portal to portal and apply to standard work days, Monday through Friday 7:00 am to 6:00 pm. Overtime rate of 1.5 times the quoted rate will be applied outside of the standard work hours, over 8 hours a day and on Saturday. Sundays and Holidays will be billed at 2 times the quoted rates. Fees listed above are per unit/hour, unless otherwise noted. Same-day call-ins to be billed at 1.5 times the hourly rate of the available personnel, up to and including the project manager's rate. Fees listed are for informational use only and are subject to change. If ICC Special Inspections are required, additional fees will apply. Sanitary sewer manholes are assumed to be pre-cast. Bridge deck concrete placed in 4 sections. Rebar inspections will be for bridge only. Concrete for sidewalk will be completed in 6 days. The bridge wing walls will be completed in 12 trips. Drilled shaft piers for bridge structure completed at a rate of one per day. Lime treatment onsite will be performed in 8 days. Bridge structure eathwork completed in 8 days. Concrete for Legacy Drive placed at 200 cubic yards per day. Storm Inlets, and headwalls will be placed at a rate of 3 per pour. Utility backfill completed at a rate of 100 linear feet per day, full depth of trench. 72-inch moisture conditioning for Legacy Drive completed in 20 days. 3 trips for flexbase testing at driveway approaches. It is assumed 2 bridge columns are completed per day. It is assumed no asphalt testing will be required on project. Pavement concrete placed at 200 cubic yards per pour, and sidewalk concrete placed at 80 cubic yards per pour. Page 171 Item 14. PROFESSIONAL SERVICES AGREEMENT VERSION 05/22 PAGE 7 OF 10 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 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 172 Item 14. PROFESSIONAL SERVICES AGREEMENT VERSION 05/22 PAGE 8 OF 10 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 173 Item 14. EXHIBIT D CONFLICT O F INTEREST AFFIDAVIT PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND GEOTEX ENGINEERING LLC FOR THE LEGACY (PRAIRIE- FIRST) - 4 LANES PROJECT (2143-ST) THE STATE OF TEXAS COUNTY OF Grayson § § § I, Amy Irwin Brothers , 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): X Ownership of 1 Oo/cf 8r Mord'& 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 $25,000.00. A relative of mine has substantial interest in the business entity or property that would be affected by my decision of the public body of which J am a member. Other: _________________ _ None of the Above. Upon filing this affidavit with the Town of Prosper, Texas, I further affirm that no relative of mine, in the first degree by consanguinity or affinity, as defined in Chapter 573 of the Texas Government Code, is a member of the public body which took action on the agreement. Signed this _1_4_th _____ day of Februrary '20 24 . BEFORE ME, the undersigned authority, this day personally appeared _._1.L.-=+:::::::..c...;r:.....:uJ=----1t1_t$-=---..;..V'.....::lr1-h:;_::_---=-.::e-=-r--,.._ and on oath stated that the facts hereinabove stated are true to the best of his / her kn ledge or belief. Sworn to and subscribed before me on this �ay of _..i...&��..::..;..="'t----'' �'-} 1,--(YI-L, � Not ry blic in and for the State ofTexas My Commission expires: ID /1p /z O 2 (a PROFESSIONAL SERVICES AGREEMENT VERSION 05/22 PAGE 9 OF 10 Page 174 Item 14. PROFESSIONAL SERVICES AGREEMENT VERSION 05/22 PAGE 10 OF 10 EXHIBIT E CONFLICT OF INTEREST QUESTIONNAIRE Geotex Engineering, LLC N/A February 14, 2024 Page 175 Item 14. LOCATION MAP Legacy Drive Prairie Drive to First Street First Street Legacy Drive Prairie Drive Page 176 Item 14. Professional Construction Materials Testing & Observation Services Agreement NTE: $273,416.00 Recommendation: Geotex Engineering LLC Page 177 Item 14. 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 Services Agreement Teel Parkway (US 380 - First Street) – 2 NB Lanes Town Council Meeting – February 27, 2024 Strategic Visioning Priority: 1. Acceleration of Infrastructure Agenda Item: Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between ECS Southwest, LLP, and the Town of Prosper, Texas, related to professional construction materials testing and observation services for the Teel Parkway (US 380 - First Street) – 2 NB Lanes project. Description of Agenda Item: At the January 9, 2024, Town Council meeting, the Town Council awarded McMahon Contracting, LP, the construction contract for the Teel Parkway (US 380 - First Street) – 2 NB Lanes project. In conformance with standard practice for governmental entities, the Town of Prosper is contracting with an independent firm for professional construction materials testing and observation services instead of the selected contractor including these services in their proposals. Construction materials testing and observation services are typically 1 % to 5% of a project’s construction cost depending on its scope. ECS Southwest, LLP’s proposal for construction materials testing and observation services is 1.38% of the CIP project’s construction cost. The proposed services will be delivered on an as-needed basis and invoiced based on the actual quantity of work performed during construction. After establishing a fee schedule, the scope of services has been estimated based on standard practices and requirements for materials testing frequencies within the construction industry At the October 24, 2023, Town Council meeting, the Town Council approved a list of qualified firms, which included services for Geotechnical Engineering and Material Testing. ECS Southwest, LLP, is included on the approved list and has successfully worked on several projects for the Town of Prosper. ENGINEERING SERVICES Page 178 Item 15. Page 2 of 2 Budget Impact: The estimated cost for the professional construction materials testing and observation services is $74,825.00. Funding to be provided from the $5,608,664.79 construction budget for the Teel Parkway (US 380 - First Street) – 2 NB Lanes project in Account No. 750-6610-10-00-2153-ST. The approved construction contract with McMahon Contracting, LP, is $5,399,999 and including the professional construction materials testing and observation services agreement, there is $133,840.79 remaining in the construction budget. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard Professional Services Agreement as to form and legality. Attachments: 1. Professional Services Agreement 2. Location Map Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Professional Services Agreement between ECS Southwest, LLP, and the Town of Prosper, Texas, related to professional construction materials testing and observation services for the Teel Parkway (US 380 - First Street) – 2 NB Lanes project. Proposed Motion: I move to authorize the Town Manager to execute a Professional Construction Services Agreement between ECS Southwest, LLP, and the Town of Prosper, Texas, related to professional construction materials testing and observation services for the Teel Parkway (US 380 - First Street) – 2 NB Lanes project. Page 179 Item 15. PROFESSIONAL SERVICES AGREEMENT VERSION 05/22 PAGE 1 OF 10 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND ECS SOUTHWEST, LLP FOR THE TEEL PARKWAY (US 380-FIRST STREET) – 2 NB LANES PROJECT (2153-ST) This Agreement for Professional 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 ECS SOUTHWEST, LLP, a company authorized to do business in Texas, acting through a duly authorized officer, hereinafter called “Consultant,” relative to Consultant providing professional construction materials testing & observation 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 construction materials testing & observation services in connection with the TEEL PARKWAY (US 380-FIRST STREET) – 2 NB LANES PROJECT (2153-ST), hereinafter called “Project”; For the mutual promises and benefits herein described, Town and Consultant agree as follows: 1. Term of Agreement. This Agreement shall become effective on the date of its execution by both Parties, and shall continue in effect thereafter until terminated as provided herein. 2. Services to be Performed by Consultant. The Parties agree that Consultant shall perform such services as are set forth and described in Exhibit A - Scope of Services and incorporated herein as if written word for word. All services provided by Consultant hereunder shall be performed in accordance with the degree of care and skill ordinarily exercised under similar circumstances by competent members of their profession. In case of conflict in the language of Exhibit A and this Agreement, this Agreement shall govern and control. Deviations from the Scope of Services or other provisions of this Agreement may only be made by written agreement signed by all Parties to this Agreement. 3. Prompt Performance by Consultant. Consultant shall perform all duties and services and make all decisions called for hereunder promptly and without unreasonable delay as is necessary to cause Consultant’s services hereunder to be timely and properly performed. Notwithstanding the foregoing, Consultant agrees to use diligent efforts to perform the services described herein and further defined in any specific task orders, in a manner consistent with these task orders; however, the Town understands and agrees that Consultant is retained to perform a professional service and such services must be bound, first and foremost, by the principles of sound professional judgment and reasonable diligence. 4. Compensation of Consultant. Town agrees to pay to Consultant for satisfactory completion of all services included in this Agreement an amount not-to-exceed Seventy-Four Thousand Eight Hundred Twenty- Five Dollars and Zero Cents ($74,825.00) for the Project as set forth and described in Exhibit B - Compensation Schedule and incorporated herein as if written word for word. Hourly not to exceed fees shall be billed monthly based on hours of work that have been completed. All other not to exceed fees shall be billed monthly based on the units of work that have been completed. Consultant agrees to submit statements to Town for professional services no more than once per month. These statements will be based upon Consultant's actual services performed and 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 Page 180 Item 15. PROFESSIONAL SERVICES AGREEMENT VERSION 05/22 PAGE 2 OF 10 Consultant's invoice, Consultant may, after giving ten (10) days written notice to Town, suspend professional services until paid. Nothing contained in this Agreement shall require Town to pay for any work that is unsatisfactory as reasonably determined by Town or which is not submitted in compliance with the terms of this Agreement. The Scope of Services shall be strictly limited. Town shall not be required to pay any amount in excess of the original proposed amount unless Town shall have approved in writing in advance (prior to the performance of additional work) the payment of additional amounts. 5. Town’s Obligations. Town agrees that it will (i) designate a specific person as Town’s representative, (ii) provide Consultant with any previous studies, reports, data, budget constraints, special Town requirements, or other pertinent information known to Town, when necessitated by a project, (iii) when needed, assist Consultant in obtaining access to properties necessary for performance of Consultant’s work for Town, (iv) make prompt payments in response to Consultant’s statements and (v) respond in a timely fashion to requests from Consultant. Consultant is entitled to rely upon and use, without independent verification and without liability, all information and services provided by Town or Town’s representatives. 6. Ownership and Reuse of Documents. Upon completion of Consultant’s services and receipt of payment in full therefore, Consultant agrees to provide Town with copies of all materials and documents prepared or assembled by Consultant under this Agreement and that Town may use them without Consultant's permission for any purpose relating to the Project. Any reuse of the documents not relating to the Project shall be at Town's risk. Consultant may retain in its files copies of all reports, drawings, specifications and all other pertinent information for the work it performs for Town. 7. Town Objection to Personnel. If at any time after entering into this Agreement, Town has any reasonable objection to any of Engineer’s personnel, or any personnel, professionals and/or consultants retained by Engineer, Engineer shall promptly propose substitutes to whom Town has no reasonable objection, and Engineer’s compensation shall be equitably adjusted to reflect any difference in Engineer’s costs occasioned by such substitution. 8. Insurance. Consultant shall, at its own expense, purchase, maintain and keep in force throughout the duration of this Agreement applicable insurance policies as described in Exhibit C - Insurance Requirements and incorporated herein as if written word for word. Consultant shall submit to Town proof of such insurance prior to commencing any work for Town. 9. Indemnification. CONSULTANT DOES HEREBY COVENANT AND AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS TOWN AND ITS OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES AND INVITEES FROM AND AGAINST LIABILITY, CLAIMS, SUITS, DEMANDS AND/OR CAUSES OF ACTION, (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES AND COSTS OF LITIGATION), WHICH MAY ARISE BY REASON OF DEATH OR INJURY TO PROPERTY OR PERSONS BUT ONLY TO THE EXTENT OCCASIONED BY THE NEGLIGENT ACT, ERROR OR OMISSION OF CONSULTANT, ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, INVITEES OR OTHER PERSONS FOR WHOM CONSULTANT IS LEGALLY LIABLE WITH REGARD TO THE PERFORMANCE OF THIS AGREEMENT. IN THE EVENT THAT TOWN AND CONSULTANT ARE CONCURRENTLY NEGLIGENT, THE PARTIES AGREE THAT ALL LIABILITY SHALL BE CALCULATED ON A COMPARATIVE BASIS OF FAULT AND RESPONSIBILITY AND THAT NEITHER PARTY SHALL BE REQUIRED TO DEFEND OR INDEMNIFY THE OTHER PARTY FOR THAT PARTY’S NEGLIGENT OR INTENTIONAL ACTS, ERRORS OR OMISSIONS. Page 181 Item 15. PROFESSIONAL SERVICES AGREEMENT VERSION 05/22 PAGE 3 OF 10 10. Notices. Any notices to be given hereunder by either Party to the other may be affected either by personal delivery, in writing, or by registered or certified mail to the following addresses: ECS Southwest, LLP Garrett Klingensmith 1600 Redbud Boulevard, Suite 102 McKinney, TX 75069 Gklingensmith@ecslimited.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 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. 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 Page 182 Item 15. PROFESSIONAL CONSTRUCTION MATERIALS TESTING & OBSERVATION SERVICES AGREEMENT VERSION 05/22 PAGE 4 OF 10 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 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.IRAN, SUDAN AND FOREIGN TERRORIST ORGANIZATIONS. If § 2252.153 of the Texas Government Code is applicable to this Contract, by signing below Contractor does hereby represent, verify and warrant that (i) it does not engage in business with Iran, Sudan or any foreign terrorist organization and (ii) it is not listed by the Texas Comptroller under § 2252.153, Texas Government Code, as a company known to have contracts with or provide supplies or services to a “foreign terrorist organization” as defined in § 2252.151 of the Texas Government Code. 21.PROHIBITION ON CONTRACTS WITH CERTAIN COMPANIES PROVISION. In accordance with Section 2252.152 of the Texas Government Code, the Parties covenant and agree that Contractor is not on a list maintained by the State Comptroller’s Office prepared and maintained pursuant to Section 2252.153 of the Texas Government Code. 22.Signatories. Town warrants and represents that the individual executing this Agreement on behalf of Town has full authority to execute this Agreement and bind Town to the same. Consultant warrants and represents that the individual executing this Agreement on its behalf has full authority to execute this Agreement and bind Consultant to same. IN WITNESS WHEREOF, the Parties, having read and understood this Agreement, have executed such in duplicate copies, each of which shall have full dignity and force as an original, on the _______ day of _______________________, 2024. ECS SOUTHWEST, LLP By: Signature Printed Name Title Date TOWN OF PROSPER, TEXAS By: Signature Mario Canizares Printed Name Town Manager Title Date Garrett Klingensmith Vice President 2/19/2024 Page 183 Item 15. PROFESSIONAL SERVICES AGREEMENT VERSION 05/22 PAGE 5 OF 10 EXHIBIT A SCOPE OF SERVICES PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND ECS SOUTHWEST, LLP FOR THE TEEL PARKWAY (US 380-FIRST STREET) – 2 NB LANES PROJECT (2153-ST) <<<REFERENCE NEXT PAGES FOR DETAILS>>> Page 184 Item 15. PROFESSIONAL SERVICES AGREEMENT VERSION 05/22 PAGE 6 OF 10 EXHIBIT B COMPENSATION SCHEDULE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND ECS SOUTHWEST, LLP FOR THE TEEL PARKWAY (US 380-FIRST STREET) – 2 NB LANES PROJECT (2153-ST) <<<REFERENCE NEXT PAGES FOR DETAILS>>> Page 185 Item 15. ECS Southwest, LLP COST ESTIMATE FOR CONSTRUCTION MATERIALS ENGINEERING & TESTING SERVICES Town of Prosper ‐ Teel Parkway Expansion Teel parkway and fish trap road Prosper, Texas 75078 ECS Cost Estimate Number 19: 14200 ECS Southwest, LLP 1600 Redbud Boulevard, Suite 102 McKinney, TX 75069 P: 972‐392‐3222 February 8, 2024 Page 186 Item 15. ECS SOUTHWEST, LLP 1600 Redbud Boulevard, Suite 102, McKinney, TX 75069 ● T: 972‐392‐3222 ● F: 214‐483‐9684 ● www.ecslimited.com ECS Capitol Services, PLLC ● ECS Florida, LLC ● ECS Mid‐Atlantic, LLC ● ECS Midwest, LLC ● ECS Southeast, LLP ● ECS Southwest, LLP February 8, 2024 Alexis Walker Town of Prosper 250 West First Street Prosper, TX 75078 ECS Cost Estimate No. 19:14200 Reference: Cost Estimate for Construction Materials Engineering and Testing Services Town of Prosper ‐ Teel Parkway Expansion Prosper, Texas Thank you for selecting ECS based on our qualifications. Based on our understanding that we have been selected, enclosed is our cost estimate for budgeting purposes. Based upon our extensive experience with local construction means and methods, quality assurance, quality control, and building construction in multiple markets in Texas, we offer an unparalleled combination of service and value to your project. Our staff of professional engineers and certified technicians will provide responsive and professional services to your project team. In addition, our paperless field reporting system will transmit to you and the project team our Project Principal reviewed testing and inspection reports within 24 to 48 hours of when our actual observation / testing services are performed. Our local North Texas operation benefits from having nationally accredited in‐house geotechnical and construction materials testing laboratories. Our concrete laboratory performs compressive strength testing of concrete and masonry materials. Our soils laboratory performs soil tests including Proctors (moisture/density relationship) tests, Classifications, and California Bearing Ratios among others. If you have any questions or comments regarding our cost estimate, please do not hesitate to contact us. We thank you for the opportunity to submit our cost estimate and look forward to the possibility of helping you on this project. Respectfully, ECS Southwest, LLP Bhargavarama Keerthipati, Mickey J Lawson Construction Project Manager Project Principal BKeerthipati@ecslimited.com MJLawson@ecslimited.com Page 187 Item 15. ECS Southwest, LLP ● 1600 Redbud Boulevard, Suite 102, McKinney, TX 75069 ● T: 972‐396‐3222 Cost estimate No: 19: 14200 Page | 1 ECS SOUTHWEST, LLP February 8, 2024 PROJECT INFORMATION / OVERVIEW The request for this budget provided by the client identifies the proposed project will consist of the development of the following generalized structures and site features: Concrete Pavements of approximately 2,600 linear feet Site Utilities: Storm, Sewer, and Water Lines Our understanding of the required construction materials testing services for this project is based on the following information: Geotechnical report by Reed Engineering Group, dated 11/21/2022 Civil construction documents by Spiars Engineering and Surveying, dated 01/17/2024 SCOPE OF SERVICES Our construction materials engineering and testing services scope is limited to our providing periodic or continuous testing and/or observations for the construction of the above‐noted structures/features of this project. We anticipate that the project general contractor or their designated representative will be scheduling our services on an on‐call, as‐ needed basis. Our general assumptions utilized in the preparation of this cost estimate are provided in a later section. Unless otherwise directed by the client, items such as service cancellations while our staff is in transit to the project site or once at the project site, onsite delays and standby time, and failed tests are not factored into our scope and estimated fees provided with this cost estimate. We agree to provide an engineering technician(s) or an engineer, as scheduled (see above), to perform our construction materials observation, sampling, and testing services as noted in the following sections. To most effectively service the client and facilitate the construction process and schedule, we request that our services be scheduled a minimum 24‐hours in advance. We anticipate the following services for this project: Earthwork Perform as‐scheduled earthwork (soils) observation, sampling, and testing services including: 1. Obtain (pick up) soil samples and perform laboratory soil tests generally including moisture/density relationship (Standard Proctor) tests, soil classification tests (Atterberg Limits and percent finer than the no. 200 sieve) for each requested soil‐type. Additional soil testing may be required depending on project‐specific requirements. 2. Observe proof‐rolling of prepared subgrade areas. 3. Observe placement and compaction of backfill materials (as scheduled) 4. Perform in‐place moisture/density tests on placed and compacted soils and prepared subgrades. 5. As requested, periodically observe excavation operations to document removal of unsuitable materials including but not limited to deleterious materials, trash, debris, frozen soil, or stones. Reinforcing Steel & Cast‐In‐Place Concrete Structures Perform as‐scheduled observation, sampling, and testing services for concrete placement events including: 1. Observe reinforcing steel layout for size, spacing, cleanliness, length, splices, and positioning. 2. Observe concrete placement, contractor procedures, and limited initial curing. 3. Perform concrete field tests and associated measurements including slump, air content, unit weight, and ambient air & concrete temperature. Sample placed concrete materials. Page 188 Item 15. ECS Southwest, LLP ● 1600 Redbud Boulevard, Suite 102, McKinney, TX 75069 ● T: 972‐396‐3222 Cost estimate No: 19: 14200 Page | 2 ECS SOUTHWEST, LLP February 8, 2024 4. Pick up concrete sample cylinders the following workday and transport them to the ECS concrete laboratory for processing, moisture curing, and subsequent compressive strength testing. Appropriate onsite storage areas (curing boxes, shades, etc.) for initial sample curing and any other field curing of concrete samples shall be provided by the contractor. Project Administration, Clerical, & Dispatching Project Administrators / Clerical Staff will work on the projects as follows: 1. Perform Field Services Dispatching. 2. Process Field Reports and Laboratory Test Result Reports. 3. Perform additional administrative and clerical duties to aid in project execution. Project Management Project Managers and Principal Engineers will manage the project as follows: 1. Attend the Pre‐Construction meeting (if held). 2. Coordinate field and lab services with the project general contractor and dispatch our field staff as scheduled. 3. Process, finalize, and distribute all field and laboratory reports. 4. Manage our project operation and services delivery as well as provide general material engineering consultation. Our field staff or project professionals will provide documentation of events in the field and notify the project general contractor and the client (as needed) upon recognition of deficiencies. ADDITIONAL SERVICES The following services are not included in the Scope of Services and will be considered as Additional Services, if and when they are required, requested, or occur: 1. Additional construction material samples for laboratory testing including early test samples or additional sample sets beyond the frequency required in the project documents. 2. Services cancellation in transit or at the project site, including all associated staff time and vehicle charges. 3. Onsite delays and standby time. 4. Failed Tests, including all associated time, materials, and vehicle charges. 5. Field (on site) curing facilities and/or storage for the cementitious samples. 6. Attendance at construction meetings throughout the duration of the construction process. 7. Any additional services not specifically included in the above Scope of Services for this project. The additional services noted above are not factored into our scope and estimated fees provided with this cost estimate. Unless defined specifically, all additional services will be invoiced at their standard rates (subject to overtime modification, where applicable) shown on the following fee schedule. ESTIMATED FEES This estimated fee proposal is the product of careful consideration of information provided to us during preparation of this proposal, as well as necessary assumptions as noted above based on our experience with similar projects where information is incomplete. Our fee for providing these services is expected to not exceed $75,000.00. In the event that an additional budget is required, we will communicate the change order ahead of time to get the required approval prior to exceeding the budget. Page 189 Item 15. ECS Southwest, LLP ● 1600 Redbud Boulevard, Suite 102, McKinney, TX 75069 ● T: 972‐396‐3222 Cost estimate No: 19: 14200 Page | 3 ECS SOUTHWEST, LLP February 8, 2024 All cancellations and retests will be charged directly to the contractor on a separate contract, which will be issued at a later date. The number of hours and level of effort that we based our cost estimate on should be considered approximate since it is not based upon a published construction schedule or provided material quantities. In addition, our actual number of hours and tests for this project will ultimately be determined by as‐constructed magnitudes and frequencies of installation events as well as the proportion of concurrent events requiring our CMT services. If a construction schedule or material quantities become available, we can review them against our assumptions and be more definitive in our scope and estimated costs. A summary of the scope of services and our estimated fees for each is provided on the following “Estimated Fees & Total Cost” table. The rates applied to this project and utilized in our fee estimation are provided on the following “Standard Fee Schedule” table. Additions or deletions to our scope of work (estimated quantities) will be adjusted based on the established unit prices provided in this cost estimate for this project. GENERAL ASSUMPTIONS Based on the general project information and our scope of services outlined above, the general assumptions utilized in the preparation of our estimated fees are listed below: 1. All material sample pickups and transport to our Laboratory are separate trips, independent of scheduled services. 2. Backfill for utilities will be completed in 15 days at 300 LF/day. 3. Concrete for pavement areas will be completed in 16 trips assuming 200 Cy/trip. 4. Earthwork for pavement will be completed in 34 trips assuming 600 LF/trip. Page 190 Item 15. ECS Southwest, LLP ● 1600 Redbud Boulevard, Suite 102, McKinney, TX 75069 ● T: 972‐396‐3222 Cost estimate No: 19: 14200 Page | 4 ECS SOUTHWEST, LLP February 8, 2024 ESTIMATED FEES & TOTAL COST Est. Est. Description Quantity Unit Unit Price Total PAVING & SIDEWALK Engineering Technician ‐earthwork 260 hr 50.00$ 13,000.00$ Engineering Technician ‐Concrete 84 hr 50.00$ 4,200.00$ Engineering Technician ‐OT 110 hr 75.00$ 8,250.00$ Standard Proctor Moisture/Density Relationship Test 5 ea 150.00$ 750.00$ Atterberg Limits Tests 14 ea 75.00$ 1,050.00$ Grain Size Analysis Washed 5 ea 75.00$ 375.00$ Sulphate Test 2 ea 80.00$ 160.00$ Lime Series 2 ea 250.00$ 500.00$ Lime Gradation 9 ea 20.00$ 180.00$ Lime Depth Checks 9 ea 20.00$ 180.00$ Swell Potential Test 6 ea 100.00$ 600.00$ Soil Compressive Strength Test 6 ea 100.00$ 600.00$ Nuclear Gauge Fee 34 day 75.00$ 2,550.00$ Equipment Fee 12 day 15.00$ 180.00$ Concrete Cylinders (5 cyl/50 cy) 150 ea 15.00$ 2,250.00$ Sample Pick Up 12 ea 25.00$ 300.00$ Vehicle Trip Charge 61 ea 30.00$ 1,830.00$ Subtotal: 36,955.00$ UTILITY Engineering Technician‐ Earthwork 120 hr 50.00$ 6,000.00$ Engineering Technician‐ Concrete 96 hr 50.00$ 4,800.00$ Nuclear Gauge Fee 15 day 75.00$ 1,125.00$ Concrete Cylinders (5 cyl/100 cy) 45 ea 15.00$ 675.00$ Equipment Fee 12 day 15.00$ 180.00$ Sample Pick Up 12 ea 25.00$ 300.00$ Vehicle Trip Charge 39 ea 30.00$ 1,170.00$ Subtotal: 14,250.00$ ENGINEERING/MANAGEMENT Project Set Up/Initiation 1 ea 250.00$ 250.00$ Administrator/Clerical 9 hr 60.00$ 540.00$ Project Manager 40 hr 120.00$ 4,800.00$ Principal Engineer 18 hr 210.00$ 3,780.00$ Subtotal: 9,370.00$ 74,825.00$ TOTAL ESTIMATED COST Page 191 Item 15. ECS Southwest, LLP ● 1600 Redbud Boulevard, Suite 102, McKinney, TX 75069 ● T: 972‐396‐3222 Cost estimate No: 19: 14200 Page | 5 ECS SOUTHWEST, LLP February 8, 2024 STANDARD FEE SCHEDULE Notes Engineering Technician 50.00$ / hour Senior Engineering Technician 55.00$ / hour Structural Steel Technician 85.00$ / hour Specialty Technician 85.00$ / hour Nuclear Gauge Fee 75.00$ / day Concrete Core Drilling – Mobilization 250.00$ / each Concrete Core Drilling – Crew 95.00$ / hour Equipment Fee 15.00$ / day Material Sample Pickup (Concrete, Grout, & Mortar) 25.00$ / trip Vehicle Charge 30.00$ / trip Mileage (If Applicable) 0.70$ / mile Administrator / Clerical 60.00$ / hour Project Manager 120.00$ / hour Project Principal 210.00$ / hour Concrete Mix Design Review 250.00$ / each Certification Letter 250.00$ / each Earthwork: Standard Proctor, Moisture / Density Relationship ASTM D‐698 150.00$ / each Earthwork: Modified Proctor, Moisture / Density Relationship ASTM D‐1557 175.00$ / each Earthwork: Atterberg Limits Tests, Plasticity Index & #200 ASTM D‐4318 75.00$ / each Earthwork: Washed Sieve Analyses, Percent Passing #200 Sieve ASTM D‐1440 75.00$ / each Earthwork: Lime Series ASTM D‐6276 250.00$ / each Earthwork: Lime Gradations ASTM D‐6913 20.00$ / each Earthwork: Free‐Swell Test ASTM D‐4546 100.00$ / each Concrete: Cylinders – Compressive Strength ASTM C‐39 15.00$ / each Unit Rate Laboratory Services Project Management & Engineering Services Field Services Description of Services General Notes 1. There will be 3‐hour minimum for services rendered on this project with the exception of sample pickup; billing will be based on specific unit rates. 2. Hourly unit rates are based on a normal 8‐hour work day, Monday through Friday (non‐holidays), between normal business hours of 8:00 a.m. to 5:00 p.m. Hourly rates outside normal hours, Saturdays, and same day dispatch call‐ ins will be invoiced at a rate of 1.5 times the normal hourly rate indicated above. Sundays and Federal Holidays will be invoiced at a rate of 2 times the normal hourly rate indicated above. 3. Vehicle charges account for a round trip (mileage expenses only) originating from our local office to the project site. Page 192 Item 15. PROFESSIONAL SERVICES AGREEMENT VERSION 05/22 PAGE 7 OF 10 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 193 Item 15. PROFESSIONAL SERVICES AGREEMENT VERSION 05/22 PAGE 8 OF 10 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 194 Item 15. Page 195 Item 15. Page 196 Item 15. LOCATION MAP Teel Parkway US 380 to First Street First Street US 380 By Others (2013-ST) Page 197 Item 15. 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: Agreement – Star Trail, Phase 5: Street Repairs (Blue Star Allen Land) Town Council Meeting – February 27, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon authorizing the Town Manager to execute an Agreement between Blue Star Allen Land L.P., and the Town of Prosper, Texas, related to the repairs of certain roadways in Star Trail, Phase 5. Description of Agenda Item: In May 2020, the Town of Prosper accepted the public infrastructure in Star Trail, Phase 5. Since the Town’s acceptance, several of the roadways have experienced significant movement, resulting in damage to the pavement. Over the past three years, the Town has worked with Blue Star and the pavement contractor Mario Sinacola & Sons, to complete several repairs, including grinding of the street to eliminate standing water in the road as well as crack sealing the pavement in order to stop water from penetrating the subgrade below the pavement. In 2023, with the conditions of the roadways continuing to decline, the Town conducted a Pavement Distress Investigation and coordinated with Blue Star on recommendations for repairs. Since the recommendation for repairs includes significant removal and replacement of portions of the existing roadways, Town staff requested funding in the FY 2023-2024 budget for the recommended reconstruction. Even though Star Trail, Phase 5 is outside the two-year maintenance bond period, Blue Star has agreed to financially participate in the reconstruction costs. Budget Impact: The estimated cost for the road repairs is $600,000. Per the Agreement, the Town will fund fifty percent (50%) of the actual construction costs. There is $1,450,000 in Capital Dedicated Funds allocated in Account No. 750-6610-10-00-2325-ST for the Star Trail, Phase 5: Street Repairs project. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and legality. Attached Documents: 1. Agreement ENGINEERING SERVICES Page 198 Item 16. Page 2 of 2 Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute an Agreement between Blue Star Allen Land L.P., and the Town of Prosper, Texas, related to the repairs of certain roadways in Star Trail, Phase 5. Proposed Motion: I move to authorize the Town Manager to execute an Agreement between Blue Star Allen Land L.P., and the Town of Prosper, Texas, related to the repairs of certain roadways in Star Trail, Phase 5. Page 199 Item 16. Page 200Item 16. Page 201Item 16. Star Trail, Phase 5 –Road Repairs Page 202 Item 16. Page 1 of 2 To: Mayor and Town Council From: Chris Landrum, Finance Director Through: Mario Canizares, Town Manager Bob Scott, Deputy Town Manager Re: Construction Management Services Award - Raymond Park Town Council Meeting – February 27, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider authorizing the Town Manager to enter into a Professional Services Agreement with Peak Program Value (PPV) for Construction Management Services for Raymond Park. Description of Agenda Item: The Town has traditionally constructed new facilities including parks using a Construction Manager at Risk (CMAR) approach with a Guaranteed Maximum Price (GMP). Under this approach, both the architect/engineer and the General Contractor are chosen in advance allowing them to collaborate with each other on the design and construction. While this approach often speeds project completion and helps teams anticipate problems resulting in a better product, it does not have a competitive sealed bid aspect that provides the Town and its taxpayers the assurance that they are receiving the best possible pricing for the project. To address this concern many governments will utilize an independent expert to participate in the generation of the GMP including reviewing bids of the subcontractors and reviewing general contractor expenses. The Town utilized PPV for these services for Town Hall, Police Headquarters and Central Fire Station. In these past projects, PPV’s role ended with the award of the GMP and payments to the General Contractor were made based on AIA forms showing percentage of completion. Given that the GMP, is a cost plus arrangement PPV was asked to propose not just to provide GMP services but to take the project through completion to ensure that the Town will only pay for the actual costs incurred on the contract. PPV’s involvement through the contract will also provide expert independent oversight of construction progress of this major park facility. Budget Impact: Cost of these services is $141,750 which will be paid from the Raymond Park project budget (750- 6610-10-00-2122-PK). FINANCE Page 203 Item 17. 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. Proposed Professional Services Agreement Town Staff Recommendation: Town staff recommends Town Council authorize the Town Manager to enter into an agreement with Peak Program Value. At the end of construction, staff will be evaluating the value added for the additional services compared to the more limited GMP services utilized in the past. The proposal was presented to the Parks and Recreation Board and the Finance Subcommittee. Both groups have recommended it to the Town Council for consideration. Proposed Motion: I move to authorize the Town Manager to enter into a Professional Services Agreement with Peak Program Value for construction Management Services for Raymond Park. Page 204 Item 17. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 10/20 PAGE 1 OF 10 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND PEAK PROGRAM VALUE, LLC FOR THE RAYMOND PARK PROJECT This Agreement for Professional Consulting 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 Peak Program Value, LLC, a company authorized to do business in Texas, acting through a duly authorized officer, herein after called “Consultant,” relative to Consultant providing professional consulting 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 consulting services in connection with the Raymond Park Project, 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 Fees 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. 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 Forty-one Thousand Seven Hundred and Fifty Dollars ($ 141,750) for the Project as set forth and described in Exhibit A – Scope of Services & Fees 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, if any are authorized in the future, 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. 4. Prompt Performance by Consultant. Consultant shall perform all duties and services in accordance with Exhibit B – Schedule, 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 des cribed 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. Consultant agrees to submit statements to Town for professional services no more than once per month. These statements will be based upon Consultant's actual services performed and reimbursable expenses incurred, if any, and Town shall endeavor to make prompt payments. Each statement submitted by Consultant to Town shall be reasonably itemized to show the amount of work performed during that period. If Town fails to pay Consultant Page 205 Item 17. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 10/20 PAGE 2 OF 10 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, specifi cations and all other pertinent information for the work it performs for Town. 7. Town Objection to Personnel. If at any time after entering into this Agreement, Town has any reasonable objection to any of Consultant’s personnel, or any personnel, professionals and/or consultants retained by Consultant, Consultant shall promptly propose substitutes to whom Town has no reasonable objection, and Consultant’s compensation shall be equitably adjusted to reflect any difference in Consultant’s costs occasioned by such substitution. 8. Insurance. Consultant shall, at its own expense, purchase, maintain and keep in force throughout the duration of this Agreement applicable insurance policies as described in Exhibit C - Insurance Requirements and incorporated herein as if written word for word. Consultant shall submit to Town proof of such insurance prior to commencing any work for Town. 9. Indemnification. CONSULTANT DOES HEREBY COVENANT AND AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS TOWN AND ITS OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES AND INVITEES FROM AND AGAINST LIABILITY, CLAIMS, SUITS, DEMANDS AND/OR CAUSES OF ACTION, (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES AND COSTS OF LITIGATION), WHICH MAY ARISE BY REASON OF DEATH OR INJURY TO PROPERTY OR PERSONS BUT ONLY TO THE EXTENT OCCASIONED BY THE NEGLIGENT ACT, ERROR OR OMISSION OF CONSULTANT, ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, INVITEES OR OTHER PERSONS FOR WHOM CONSULTANT IS LEGALLY LIABLE WITH REGARD TO THE PERFORMANCE OF THIS AGREEMENT. IN THE EVENT THAT TOWN AND CONSULTANT ARE CONCURRENTLY NEGLIGENT, THE PARTIES AGREE THAT ALL LIABILITY SHALL BE CALCULATED ON A COMPARATIVE BASIS OF FAULT AND RESPONSIBILITY AND THAT NEITHER PARTY SHALL BE REQUIRED TO DEFEND OR INDEMNIFY THE OTHER PARTY FOR THAT PARTY’S NEGLIGENT OR INTENTIONAL ACTS, ERRORS OR OMISSIONS. Page 206 Item 17. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 10/20 PAGE 3 OF 10 10. Notices. Any notices to be given hereunder by either Party to the other may be affected either by personal delivery, in writing, or by registered or certified mail to the following addresses: Peak Program Value, LLC 4450 Arapahoe Avenue Suite 100 Boulder, CO 80303 csquadra@peakprogramvalue.com Town of Prosper Mario Canizares, Town Manager PO Box 307 Prosper, TX 75078 hjefferson@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 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. 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 Page 207 Item 17. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 10/20 PAGE 4 OF 10 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 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 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____. PEAK PROGRAM VALUE, LLC By: Signature Chris Squadra Printed Name Partner__________ Title February 19, 2024___ Date TOWN OF PROSPER, TEXAS By: Signature Mario Canizares Printed Name Town Manager Title Date Page 208 Item 17. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 10/20 PAGE 5 OF 10 EXHIBIT A SCOPE OF SERVICES & COMPENSATION PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND PEAK PROGRAM VALUE, LLC FOR THE RAYMOND PARK PROJECT (Consultant’s Scope of Services and Compensation are Attached Hereto) Page 209 Item 17. Town of Prosper & Consultant PSA - Exhibit A Scope of Services & Compensation - Raymond Park Updated 19 FEB 2024 Printed on 2/19/2024 at 11:49 AM 1.0 Preconstruction Not w/This PSA 2.0 Construction 2.A One Time Tasks - Set Up Project Controls & Information Management Systems 1.0 Cost Management Options Review✔2.0 Schedule Management Options Review✔3.0 Information Management Options Review✔4.0 Set Up the Chosen Systems, Processes & Tools for Tracking:✔ .1 Budgets Against Commitments✔ .2 Proposed Change Orders✔ .3 Pending Commitments✔ .4 GC, Design Team, and Consultant Contract Changes✔ .5 Contingency Use Log(s)✔ .6 Commitments vs. Budget✔ .7 Payments vs. Commitments✔5.0 Set Up Buyout Savings Tracking Process with GC✔6.0 Set Up the Allowances & Furnishings/Equipment Budget Tracking System✔7.0 Review Project Controls Systems with Team✔8.0 Project Controls Systems Training for Architect & Owner Team✔One Time Tasks - Set Up Project Controls & Information Management Systems 2.B Ongoing Project Control Services - Cost, Schedule & Information Management 1.0 Ongoing Cost Management✔2.0 Ongoing Schedule Management✔3.0 Ongoing Information Management✔4.0 Meetings During Construction: .1 Project Executive Monthly .2 Senior Project Manager .3 Project Manager 4X per Month .4 Assistant PM 5.0 Review Project Status & Interview Team Members✔6.0 Read Weekly Meeting Minutes & Status Logs✔7.0 Reporting to Owner 4X per Month 8.0 Review Applications for Payment Monthly:✔ .1 Note Compliance with the Contract and Standards of the Industry✔ .2 Compare Scheduled/Completed Work vs. Amount Billed✔ .3 Review Appropriateness of Contingency Reallocations✔Service Item #Description Level of Service 240119 PRYP ToP-PPV PSA Exhibit A - Services & Fees REV 05.00 to Team Page 1 of 3 © 2024 Peak Program Value, LLC All Rights Reserved Page 210 Item 17. Town of Prosper & Consultant PSA - Exhibit A Scope of Services & Compensation - Raymond Park Updated 19 FEB 2024 Printed on 2/19/2024 at 11:49 AM Service Item #Description Level of Service .4 Validate Proper Documentation of Expenditures✔ .5 Track Use of Allowances✔ .6 Track Invoices for Furnishings & Equipment✔ .7 Confirm Buyout Savings Status✔9.0 Update Owner's Budget✔10.0 Maintain and Update Project Budget Tracking System✔11.0 Publish Monthly Reports wExecutive Summary + Detailed Findings✔12.0 Establish Schedule Tracking Procedures✔13.0 Validate GC’s Proposed Change Requests (up to a Max of 5.0% of GC’s Contract Amount) 5.0% (5.0% CO Max is Calculated on Contract without Owner's Owner's Contingency Line Included) (Evaluating & Negotiating COs Above this 5.0% Amount Is An Additional Service) 14.0 Validate Project Turnover, Start-up, Owner Move-in, and Closeout Procedures✔Services Duration = Current Project Contract Schedule; Extensions Calc'd at Monthly Rate Below Ongoing Project Control Services - Cost, Schedule & Information Management 2.C Owner Stakeholder Management 1.0 Provide Direct Interface with End‐users and Other Stakeholders as Required 2.0 Maintain a Single Point of Project Contact for the Owner Team 3.0 Provide Briefings of Officials, Council, Boards, Commissions, & Ad‐hoc Committees 4.0 Plan, Coordinate & Lead Project Update Meetings & Status Report Distribution for Above 5.0 Provide a Public Communication Plan for Neighborhoods & Community‐wide Citizens 6.0 Assist Staff in Coordination of Ground‐breaking, Announcements & Press Conferences 7.0 Coordinate Design, Approval & Placement of Project Signage 7.0 Serve as the Owner's Point of Contact during Construction 8.0 Conduct Construction Update Meetings at Construction Sites 2.D Quality Management 1.0 Coordinate Project Close Out, including Obtaining Final As‐Built Plans from Contractor✔2.0 Monitor Construction Progress✔3.0 Advise the Owner of Any Observations of Non‐Conforming Work or Other Quality Concerns✔4.0 Manage the Geotechnical Investigations and Develop Contracts for Geotechnical Firms✔5.0 Review Results from Geotechnical Investigations✔6.0 Review Contractor's Quality Control Plan ✔These Services to be Provided by the Town of Prosper (KB) 240119 PRYP ToP-PPV PSA Exhibit A - Services & Fees REV 05.00 to Team Page 2 of 3 © 2024 Peak Program Value, LLC All Rights Reserved Page 211 Item 17. Town of Prosper & Consultant PSA - Exhibit A Scope of Services & Compensation - Raymond Park Updated 19 FEB 2024 Printed on 2/19/2024 at 11:49 AM Service Item #Description Level of Service 7.0 Provide Oversight of Owner's Quality Assurance Plan✔8.0 Review Submittals Prepared by the Contractor & Processed by the Design Team✔9.0 Coordinate Owner Staff Review of Submittals Where Required By ToP (KB) 10.0 Coordinate Owner Vendors, to Include Security, Data, Telecom, & Move Management By ToP (KB) 11.0 Coordinate Furnishings Installation (Furnishings Procurement by Others)By ToP (KB) 12.0 Coordinate Owner's Architect's Site Visits & Facilty's Punchlist Distribution/Tracking By Dunaway 13.0 Monitor Contractor's Completion of Punchlist Items & Architect's Confirmation of Same By Dunaway 14.0 Coordinate Owner's Commissioning Consultant's Site Visits & Review Reports Not Required 15.0 Monitor Contractor's Compliance w/Commissioning Consultant's Findings & Final Cx Report Not Required 16.0 Coordinate Turnover of Closeout Documention & Project Information Management System✔17.0 Coordinate Owner's Architect's 11 Month Warranty Site Visit & Distribution Findings By ToP (KB) 2.E Support Services for Other Owner Project Management Responsibilities 1.0 Issue “Notices to Proceed” on Appropriate Phases✔2.0 Coordinate TAS Consultant's Site Visit(s) & Review TAS Consultant's Findings By Dunaway Support Services for Other Owner Project Management Responsibilties Construction Services: Assumes 01 MAR 2024 to 31 MAY 2025 (15 Months) 9,450 Construction Services Fees for Project (Total Fee) 141,750 3.0 3.1 Safety Plan and Logistics Coordination Are Solely the Resonsibilty of the Contractor Excluded 3.2 Quality Management of Materials & Installation Are Solely the Resonsibilty of the Contractor Excluded 3.3 Consultant Will Be Performing Onsite Observations, not Continuous or Exhaustive Inspections Excluded 3.4 Consultant Will Not be Held Responsible for Contractor's or Vendor's Nonconforming Work Excluded 3.5 Consultant is Not Responsible for Architect's or Contractor's Failure to Perform Excluded 3.6 Fees for for Architect's or Contractor's Failure to Perform, or Project Delays are Add Services Excluded 3.7 Design, Procurement, and Delivery of Furnishings is by Others Excluded 3.8 Design, Procurement, and Delivery of Security, Data, Telecom Equipment is by Others Excluded 3.9 Services Not Checked in Sections Above (Even if Included In PSA Exhibit A) Are Excluded Excluded Task Order Clarifications & Exclusions 240119 PRYP ToP-PPV PSA Exhibit A - Services & Fees REV 05.00 to Team Page 3 of 3 © 2024 Peak Program Value, LLC All Rights Reserved Page 212 Item 17. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 10/20 PAGE 6 OF 10 EXHIBIT B SCHEDULE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND PEAK PROGRAM VALUE, LLC FOR THE RAYMOND PARK PROJECT (Project Schedule is Attached Hereto) Page 213 Item 17. Updated on 27 NOV 2023 GMP #1 AMENDMENT ATTACHMENT B - SCHEDULE Work Element GMP # 1 Activities Notice to Proceed w/GMP 1 - 19 DEC 2024 Erosion Control Tree protection/ Temporary fence Demo / Earthwork Utilities - Storm Sewer Paving and Firelane with Lime Electrical Irrigation Sleeving GMP # 1 Substantial Completion - 31 JUL 2024 GMP # 1 Punchlist Completion GMP # 1 Final Completion/City Acceptance 31 AUG GMP # 2 Activities (If Approved by the City) Notice to Proceed w/GMP #2 - 05 MAR 2024 Erosion Control Tree Protection/ Temporary Fence GMP #2 Construction Work Electrical (Long Lead Items from GMP # 01) GMP # 2 Substantial Completion - 31 JAN 2025 GMP # 2 Punchlist Completion GMP # 2 Final Completion/City Acceptance 28 FEB TOWN OF PROSPER'S RAYMOND PARK December January February March April May June July August September Page 1 of 2 Page 214 Item 17. Updated on 27 NOV 2023 GMP #1 AMENDMENT ATTACHMENT B - SCHEDULE Work Element GMP # 1 Activities Notice to Proceed w/GMP 1 - 19 DEC 2024 Erosion Control Tree protection/ Temporary fence Demo / Earthwork Utilities - Storm Sewer Paving and Firelane with Lime Electrical Irrigation Sleeving GMP # 1 Substantial Completion - 31 JUL 2024 GMP # 1 Punchlist Completion GMP # 1 Final Completion/City Acceptance 31 AUG GMP # 2 Activities (If Approved by the City) Notice to Proceed w/GMP #2 - 05 MAR 2024 Erosion Control Tree Protection/ Temporary Fence GMP #2 Construction Work Electrical (Long Lead Items from GMP # 01) GMP # 2 Substantial Completion - 31 JAN 2025 GMP # 2 Punchlist Completion GMP # 2 Final Completion/City Acceptance 28 FEB FebruaryOctober November December January Page 2 of 2 Page 215 Item 17. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 10/20 PAGE 7 OF 10 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 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. The Town and the Consultant acknowledge that such Worker’s Compensation and Employer’s Liability insurance is not required to be provided, as the Consultant is a partnership without any employees. 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. The Town and the Consultant acknowledge that such Professional Liability insurance is not required, given the nature of the Consultant’s services. 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. 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. 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 216 Item 17. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 10/20 PAGE 8 OF 10 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. Not required; see above. 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. Not Used. 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 217 Item 17. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 10/20 PAGE 9 OF 10 EXHIBIT D CONFLICT OF INTEREST AFFIDAVIT PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND PEAK PROGRAM VALUE, LLC FOR THE RAYMOND PARK PROJECT THE STATE OF TEXAS § § COUNTY OF § I, Chris Squadra, 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 w ork 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 fourteenth day of June, 2021. ________________________________ Signature of Official / Title BEFORE ME, the undersigned authority, this day personally appeared _______________________________________ and on oath stated that the facts hereinabove stated are true to the best of his / her knowledge or belief. Sworn to and subscribed before me on this _____ day of ________________________, 20 . Notary Public in and for the State of Texas My Commission expires: Page 218 Item 17. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 10/20 PAGE 10 OF 10 EXHIBIT E CONFLICT OF INTEREST QUESTIONNAIRE Page 219 Item 17. Page 1 of 2 To: Mayor and Town Council From: Dan Baker, Director of Parks and Recreation Through: Mario Canizares, Town Manager Robyn Battle, Executive Director Re: Professional Services Agreement – Gray Event Management Town Council Meeting – February 27, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between the Town of Prosper and Gray Event Management for recreation program instructor services. Description of Agenda Item: As part of the programming objectives for the Recreation Division, different programs and classes are offered to the community throughout the year. For these programs to run successfully, Town staff hire instructors to teach the classes. Before entering into a contract with these professionals, different factors are taken into consideration. As part of the Professional Services Agreement, the instructor agrees to retain a portion of the revenue and the remainder of the revenue is retained by the Town. There are varying percentages used, based on the type of program and supplies either provided by the Town or the instructor. Per the Town’s joint use agreement with Prosper ISD, instructional tennis classes are hosted at the Reynolds Middle School tennis courts, at no cost to the Town. This agreement also granted the Town the right to charge third parties a reasonable fee for participation in the recreational activities. The Town offers a tennis program for ages 5 through 14 and adults. These programs are run throughout the calendar year during the evening and Saturday mornings. Per this Professional Services Agreement, the Town will retain 30 percent (30%) of the total revenue collected during the registration process. In FY 2022-2023, total program revenue brought in was $99,381. The Town paid Gray Event Management $69,567 (70%) and retained the remaining $29,814 (30%). This item was presented to the Parks and Recreation Board during their February 8, 2024, meeting. The Board recommended moving forward with the agreement. Budget Impact: Town staff estimates the amount of revenue to be collected from program registrants to equal $94,000 in FY 2023-2024. Per the proposed agreement, $65,000 (70%) will be paid to Gray Event PARKS AND RECREATION Page 220 Item 18. Page 2 of 2 Management, leaving $29,000 (30%) in net revenue for the Town. The $65,000 will be funded from the Recreation Activities Account 100-5995-60-03. The $29,000 in revenue will be applied to the Park Program Fees Account 100-4058-60-00. 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 Services Agreement Town Staff Recommendation: Town Staff recommends approval to authorize the Town Manager to execute a Professional Services Agreement between the Town of Prosper and Gray Event Management for recreation program instructor services. Proposed Motion: I move to approve authorizing the Town Manager to execute a Professional Services Agreement between the Town of Prosper and Gray Event Management for recreation program instructor services. Page 221 Item 18. Page 222 Item 18. Page 223 Item 18. Page 1 of 2 To: Mayor and Town Council From: Dan Baker, Director of Parks and Recreation Through: Mario Canizares, Town Manager Robyn Battle, Executive Director Re: Professional Services Agreement – Soccer Sparks LLC Town Council Meeting – February 27, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between the Town of Prosper and Soccer Sparks, LLC, for recreation program instructor services. Description of Agenda Item: As part of the programming objectives for the Recreation Division, different programs and classes are offered to the community throughout the year. For these programs to run successfully, Town staff hires instructors to teach the classes. Before entering into a contract with these professionals, different factors are taken into consideration. As part of the Professional Services Agreement, the instructor agrees to retain a portion of the revenue and the remainder of the revenue is retained by the Town. There are varying percentages used, based on the type of program and supplies either provided by the Town or the instructor. The Town offers a soccer program for ages 2 through 9. These programs are run throughout the calendar year during the afternoon and evening at Folsom Elementary. Per this Professional Services Agreement, the Town will retain 30 percent (30%) of the total revenue collected during the registration process. In FY 2022-2023, total program revenue brought in was $41,671. The Town paid Soccer Sparks, LLC, $29,170 (70%) and retained the remaining $12,501 (30%). This item was presented to the Parks and Recreation Board during their February 8, 2024, meeting. The Board recommended moving forward with the entity. Budget Impact: Town staff estimates the amount of revenue to be collected from program registrants to equal $42,000 in FY 2023-2024. Per the proposed agreement, $29,400 (70%) will be paid to Soccer Sparks, LLC, leaving $12,600 (30%) in net revenue for the Town. The $29,400 will be funded from the Recreation Activities Account 100-5995-60-03. The $12,600 in revenue will be applied to the Park Programs Fee Account 100-4058-60-00. PARKS AND RECREATION Page 224 Item 19. 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. Professional Services Agreement Town Staff Recommendation: Town Staff recommends approval to authorize the Town Manager to execute a Professional Services Agreement between the Town of Prosper and Soccer Sparks, LLC, for recreation program instructor services. Proposed Motion: I move to approve authorizing the Town Manager to execute a Professional Services Agreement between the Town of Prosper and Soccer Sparks, LLC, for recreation program instructor services. Page 225 Item 19. Page 1 of 2 ___________________________________________________________________ CONTRACT INSTRUCTOR AGREEMENT Section 1: Name,_________________________________________________________________________, whose address is,_________________________________________city/state/zip____________________________ (hereinafter referred to as “Instructor”), will provide the following classes to the Prosper Parks and Recreation Department. Program Name: 1)_____________________________________________________________________________ 2)_____________________________________________________________________________ 3)_____________________________________________________________________________ Program Description: ___________________________________________________________________________ Program Site: _________________________________________________________________________________ Section 2: The Instructor will perform all program classes in accordance with the following conditions: 1) The Instructor will be responsible for the instruction of all classes. a) Instructor must arrive 15 minutes before class time. b) Instructor is responsible for basic clean up. c) Instructor must be present until every participant is picked up. Parent/Guardian MUST come to the door. d) Instructor is responsible to store all materials on their own. If this is not possible, this must be communicated to PARD staff 48 hours before the beginning of the program. e) All Instructors/Substitutes must subdue to a Town of Prosper background check 48 hours before program begins. 2) The Instructor will pay the town 30% of the program’s revenue (an addendum will be attached if any variances). The Instructor will make payment to the Town after the Town receives an invoice from the Instructor and it is verified with registration reports. 3) The Instructor understands that a multi-child discount will be made available during registration, not to exceed $5 per additional child registered. 4) The Instructor will not discriminate against anyone on the basis of race, color, national origin, age, handicap, creed, religion, sex, ancestry, or place of birth in the provision of TITLE VII of the Civil Rights Act of 1964 and the Rehabilitation Act of 1973 and 1974. In addition, the Instructor will comply with all local, state and federal laws. 5) All Instructors and substitute instructors must be at least 18 years of age as required by Texas Law. Section 3: The Instructor agrees to adhere to the rules and regulations of the Parks and Recreation Department and understands that the Town may cancel the Contract Instructor Agreement for any violation by the Instructor or in the best interest of the Town of Prosper as determined by the Prosper is a place where everyone matters. PARKS & RECREATION Plano, TX 75023928 Middle Cove Dr. Soccer Sparks Soccer skills and child physical development classes Frontier Park Soccer Sparks LLC Page 226 Item 19. Page 2 of 2 Recreation Manager or designee. The Instructor shall abide by the Policies and Procedures set forth by the Parks and Recreation Department. Section 4: This proposal is subject to the following special conditions: the number of students in each class and the fee for the class will be determined by the Instructor, subject to applicable review by Town Representative. Section 5: The Instructor agrees to indemnify, defend and hold harmless, and hereby releases, the Town of Prosper, its representatives, employees and agents, from any and all claims, damages or causes of action arising from the performance or non-performance of this contract or related in any way thereto. Section 6: The Instructor agrees to provide services for the period of commencing (dates/times per attachment). Section 7: The Instructor understands that if this proposal is accepted by the Town, either party may terminate this agreement without cause by providing 30 days written notification to the other party, and neither party shall be required to continue its performance hereunder. Section 8: Should Instructor breach this contract, the contract may be terminated by the Town immediately upon such breach by giving the Instructor three (3) days notice prior to the date of termination. Section 9: Should this Contract Instructor Agreement be terminated under either section 7 or 8 of said contract, or by operation of the law, the termination shall not constitute a waiver or relinquishment of any claims or causes of action either party may have pertaining in any way said contracts while it was in effect. Section 10: This agreement shall be governed by the laws of the State of Texas. Section 11: Instructor or assistant will not be employed by the Town of Prosper and shall not be considered Town employees in the performance of this contract. Reviewed By: Agreed By: ________________________________________ ________________________________________ Town Representative Date Contract Instructor Signature Date _________________________________________ Address __________________________________________ City State Zip __________________________________________ Contact Phone #’s __________________________________________ Social Security Number 928 Middle Cove Dr. Plano TX 75023 469-878-8550 / Dragomir Parvanov 12/14/2023 EIN 83-0689491 Page 227 Item 19. Page 1 of 2 To: Mayor and Town Council From: David Hoover, AICP, Director of Development Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Specific Use Permit for a Wireless Communications and Support Structure on Lakewood Preserve, Block A, Lot 1 Town Council Meeting – February 27, 2024 Strategic Visioning Priority: 3. Commercial Corridors are ready for Development Agenda Item: Consider and act upon an ordinance granting a Specific Use Permit for a Wireless Communications and Support Structure, on Lakewood Preserve, Block A, Lot 1, on 0.1± acre, located south of East First Street and east of South Coit Road. The property is zoned Planned Development-87 (PD-87) Lakewood. (ZONE-23-0036) Description of Agenda Item: On January 23, 2024, the Town Council approved the proposed Specific Use Permit by a vote of 6-0 (Councilmember Cotten absent). An ordinance has been prepared accordingly. Budget Impact: There is no budgetary impact affiliated with this item. Legal Obligations and Review: Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard ordinance as to form and legality. Attached Documents: 1. Ordinance 2. Ordinance Exhibits PLANNING Page 228 Item 20. Page 2 of 2 Town Staff Recommendation: Town Staff recommends approval of an ordinance granting a Specific Use Permit for a Wireless Communications and Support Structure, on Lakewood Preserve, Block A, Lot 1, on 0.1± acre, located south of East First Street and east of South Coit Road. Proposed Motion: I move to approve/deny an ordinance granting a Specific Use Permit for a Wireless Communications and Support Structure, on Lakewood Preserve, Block A, Lot 1, on 0.1± acre, located south of East First Street and east of South Coit Road. Page 229 Item 20. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2024-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING PROSPER’S ZONING ORDINANCE BY GRANTING A SPECIFIC USE PERMIT (SUP) TO ALLOW A WIRELESS COMMUNICATIONS AND SUPPORT STRUCTURE ON A TRACT OF LAND CONSISTING OF 0.1 ACRE, MORE OR LESS, IN THE JAMES STONE SURVEY, ABSTRACT NO. 847, TOWN OF PROSPER, COLLIN COUNTY, TEXAS; DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has investigated and determined that the Zoning Ordinance should be amended; and WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from Anthemnet (“Applicant”) for a Specific Use Permit (SUP) for a Wireless Communications and Support Structure, on a tract of land zoned Planned Development-87 (PD-87), consisting of 0.1 acre of land, more or less, in the James Stone Survey, Abstract No. 847, in the Town of Prosper, Collin County, Texas, and being more particularly described in Exhibit “A-1,” and Exhibit “A-2,” attached hereto and incorporated herein for all purposes; and WHEREAS, the Town Council has investigated and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required to grant a Specific Use Permit (SUP) have been given in the manner and form set forth by law, Public Hearings have been held, and all other requirements of notice and completion of such procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS; THAT : SECTION 1 Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Specific Use Permit Granted. The Town’s Zoning Ordinance is amended as follows: Applicant is granted a Specific Use Permit (SUP) for a Wireless Communications and Support Structure, on a tract of land zoned Planned Development-87 (PD-87), consisting of 0.1 acre of land, more or less, in the James Stone Survey, Abstract No. 847, in the Town of Prosper, Collin County, Texas, and being more particularly described in 1) the Property Legal Description, Exhibit Page 230 Item 20. Case No. ZONE-23-0036 Ordinance No. 2024-__, Page 2 “A-1,” and 2) Survey, Exhibit “A-2,” attached hereto and incorporated herein for all purposes as if set forth verbatim. The development plans, standards, and uses for the Property in this Specific Use Permit shall conform to, and comply with 1) the Site Plan, attached hereto as Exhibit “B,” 2) the Landscape Plan & Screening Plan, attached hereto as Exhibit “C,” and 3) the Façade Plan, attached hereto as Exhibit “D,” which are incorporated herein for all purposes as if set forth verbatim, subject to the following conditions of approval by the Town Council: 1. Town Council approval of a lease agreement to allow for the use of facilities on Town property. All development plans, standards, and uses for the Property shall comply fully with the requirements of all ordinances, rules, and regulations of the Town of Prosper, as they currently exist or may be amended. Two (2) original, official, and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. One (1) copy shall be filed with the Town Secretary and retained as an original record and shall not be changed in any manner. b. One (1) copy shall be filed with the Building Official and shall be maintained up-to- date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy, and enforcing the zoning ordinance. Reproduction for information purposes may from time-to- time be made of the official zoning district map. SECTION 3 No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4 Unlawful Use of Premises. It shall be unlawful for any person, firm, or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm, or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. SECTION 5 Penalty. Any person, firm, corporation, or business entity violating this Ordinance or any provision of Prosper’s Zoning Ordinance, as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state, and federal law. Page 231 Item 20. Case No. ZONE-23-0036 Ordinance No. 2024-__, Page 3 SECTION 6 Severability. 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, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 7 Savings/Repealing Clause. Prosper’s Zoning Ordinance shall remain in full force and effect, save and except as amended by this or any other Ordinance. 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 appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8 Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 27TH DAY OF FEBRUARY, 2024. ______________________________ David F. Bristol, Mayor ATTEST: _________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Page 232 Item 20. Exhibit A-1 (Property Legal Description) EXHIBIT “A” 50’ X 50’ LEASE AREA (AS-SURVEYED) Being a certain portion of that certain tract of land owned now or formerly by Town of Prosper, having a Collin County Assessor Parcel ID: 2759846, being part of the James Stone Survey, Abstract No. 847, said Collin County, Texas, and being more particularly described as follows: Commencing at a magnail found in concrete near the East side of Coit Road, having Texas North Central State Plane Coordinates of N:7134081.97 E:2498290.56; thence N 57°07’52” E leaving said right-of-way line a distance of 356.75 feet to a 5/8” rebar set and the Point of Beginning; thence N 00°07’46” W a distance of 50.00 feet to a 5/8” rebar set; thence N 89°52’14” E a distance of 50.00 feet to a 5/8” rebar set; thence S 00°07’46” E a distance of 50.00 feet to a 5/8” rebar set; thence S 89°52’14” W a distance of 50.00 feet to the Point of Beginning. Said above-described Lease Area contains 2,500.0 square feet or 0.06 acres, more or less. Page 233 Item 20. -2Page 234Item 20. Page 235 Item 20. Page 236 Item 20. Page 237 Item 20. Page 238 Item 20. Page 239 Item 20. Page 240 Item 20. Page 241 Item 20. Page 1 of 1 To: Mayor and Town Council From: David Hoover, AICP, Director of Development Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Notice of Appeals Town Council Meeting – February 27, 2024 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 Preliminary Site Plans and Site Plans. Description of Agenda Item: Attached are the Preliminary Site Plans and Site Plans that were acted on by the Planning & Zoning Commission on February 20, 2024. 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 Preliminary Site Plans and Site Plans acted on by the Planning & Zoning Commission. Budget Impact: There is no budgetary impact affiliated with this item. Attached Documents: 1. DEVAPP-23-0127– Site Plan for The Offices at Prosper Trail, Block A, Lot 1 - Phase 2 (Approved 7-0) 2. DEVAPP-23-0205 – Site Plan for Raymond Community Park, Block 1, Lot 1 – Phase 1 (Approved 7-0) 3. DEVAPP-24-0010 – Site Plan for Prosper Middle School No. 2 Addition, Block 1, Lot 1R (Approved 7-0) Town Staff Recommendation: Town Staff recommends the Town Council take no action on this item. Proposed Motion: N/A PLANNING Page 242 Item 21. EB EB EB FH FH FH FH FH FH FH GL GL GMK GMK GMK GMK GMK GMK GV GW(2) ICV ICV(3) ICV(4) ICV ICV(2) ICV ICV LP LP LP Pipe VENT PP PPPPPPPPPPPP SNSN SN TPTMH TMK TMK TMK TMK TSN TSN TSN TSN TSN TSN TSN Vault Vault Vault Vault WV WV WV WV WV(2) WV WV(3) WV(2) WV WV(2) SN BM#1-"X" cut 613.09'SIDEWALKSIDEWALKSIDEWALK SIDEWALK PROSPER TRAIL (variable width right-of-way)SHAWNEE TRAIL(variable width right-of-way)BM#2-"X" cut 616.07'ARMSTRONG LANE(variable width right-of-way)THE OFFICES AT PROSPER TRAIL LOT 1, BLOCK A 7.496 ACRES (326,535 SQ. FT.) Δ Δ Δ VICINITY MAP NOT TO SCALE FLOOD NOTE ABBREVIATION LEGEND ABBR. DEFINITION AC AIR CONDITIONER BILLB BILLBOARD Bol. BOLLARD C COMMUNICATION CC# COUNTY CLERK'S FILE NO. CIRF IRON ROD FOUND WITH CAP CIRS IRON ROD SET W/CAP STAMPED "W.A.I. 5714" CM CONTROLLING MONUMENT CO CLEANOUT DS DOWNSPOUT E ELECTRIC EB ELECTRIC BOX EM ELECTRIC METER FH FIRE HYDRANT FOMK FIBER OPTIC MARKER FP FLAG POLE G GAS GI GRATE INLET GL GROUND LIGHT GM GAS METER GMK GAS MARKER GR GAS RISER GV GAS VALVE GW GUY WIRE HI BUILDING HEIGHT HC HANDICAPPED ICV IRRIGATION CONTROL VALVE IN INLET IRF IRON ROD FOUND LP LIGHT POLE MAG MAG NAIL SET WITH SHINER STAMPED "W.A.I. R.P.L.S. 5714" MB MAIL BOX MH MANHOLE MP METAL POST OHL OVERHEAD LINES PF PIN FLAG PKF PK NAIL FOUND PKS PK NAIL SET PM PAINT MARK PP POWER POLE SB SIGNAL BOX SN SIGN SP SIGNAL POLE SS SANITARY SEWER SW STORM WATER TMK TELEPHONE MARKER TP TELEPHONE PEDESTAL TPAD TRANSFORMER PAD TSN TRAFFIC SIGN UGC UNDERGROUND CABLE MARKER W WATER WM WATER METER WP WOOD POST WV WATER VALVE XCF "X" CUT IN CONCRETE FOUND XCS "X" CUT IN CONCRETE SET Page 243 Item 21. EX-OHEX-OHEX-OHEX-OHEX-OHEX-OHEX-OHEX-OHEX-21'' SSCOIT ROAD(VARIABLE WIDTH RIGHT-OF-WAY)FIRST STREET(VARIABLE WIDTH RIGHT-OF-WAY)EXISTING POND AWET PONDEXISTINGPONDNATU RA L T R IBU TARY258'-4"499'-4"500'-9"338'-8"519'-10"576'-9"1004'-10"EX. FHEX. FHEX. FHEX. FHEX. FHEX. FHEX. FHCURBINLETPROP. CURBINLETCURBINLETCURBINLETCURBINLET492'-9"35'x50' DRAINAGE EASEMENTINSTRUMENT NUMBER2007115001547280O.P.R.C.C.T.DRAINAGE EASEMENTINSTRUMENT NUMBER2010119001270270O.P.R.C.C.T.25' VISIBILITYTRIANGLE25' VISIBILITYTRIANGLE25' VISIBILITYTRIANGLEEXISTINGGRAVELPARKING LOTTO REMAINBASEBALLFIELDBASEBALLFIELDBASEBALLFIELDBASEBALLFIELDRESTROOM &CONCESSIONPICKLEBALLCOURTSTENNISCOURTSMULTI-USEFIELDSMULTI-USEFIELDSOPENSPACEOPEN NETBATTING CAGESFUTURE 10' WIDECONNECTOR TRAILFUTURE 10' WIDECONNECTOR TRAILFUTURE 10' WIDECONNECTOR TRAILFUTURE 10' WIDECONNECTOR TRAILPROP. 6' WIDESIDEWALKPROP. 6' WIDESIDEWALKFUTURE 10' WIDEPEDESTRIAN BOARDWALKOR BRIDGE25'-0"THROATPROP.LEFT TURNLANEPROP. DECELLANEPROP. DECELLANER125'-6"R125 ' -6 "R30'-0"R356'-6"R30'-0"R30'-0 "R30'-0"R170'-6"R30'-0"R30'-0"R 3 0 ' - 0 "R170'-6"R30'-0"R356'-6"R30'-0"24'-0"PROP.FIRELANEPLAYGROUNDPROPOSEDPOND B - DRY POND(DRY DUE TO SAFETY CONCERNSWITH PROXIMITY TO PLAYGROUND)10' HT. VINYL COATEDCHAIN LINKFENCE & GATES8' HT. VINYL COATEDCHAIN LINK FENCE& GATES26' X 11'PREFABRICATEDRESTROOM BLDG.26' X 11'PREFABRICATEDRESTROOM BLDG.DUMPSTER ENCLOSURE,8' HT. CMU ENCLOSURE &METAL GATES W/ 5'CLEAR LANDSCAPE AREA360'-0"225'-0"190'-0"190'-0"360'-0"225'-0"190'-0"9'-0" MIN.TYP.EQUESTRIAN WAYLA CIMA BOULEVARDLOT 1, BLOCK 169.49 ACRESSTONYBROOK DRIVEGREENSPOINT LNLAVACA LANE0.0991 ACRES10' ELECTRICALEASEMENTFUTURE 10' WIDEPEDESTRIAN BOARDWALKOR BRIDGEEX. WATERMHEX. WMEX. WATERMH10'-0"TYP.10'-0"TYP.10'-0 " TYP . 10' - 0 " TY P . 10'-0" TYP.10'-0 " TYP . 10 ' - 0 " TY P . 10'-0" TYP. 10 ' - 0 " TY P .10'-0"TYP.10'-0"TYP.10'-0"TYP.10'-0"TYP.10'-0"TYP.10'-0"TYP.10'-0"TYP.10'-0"TYP.10'-0"TYP.10'-0"TYP.10'-0"TYP.10'-0"TYP.10'-0"TYP.10'-0"TYP.10'-0"TYP.10'-0"TYP.10'-0"TYP.10'-0"TYP.10'-0"TYP.10'-0"TYP.10'-0"TYP.10'-0"TYP.10'-0"TYP.10'-0"TYP.10'-0"TYP.20'20'20'20'20'20'20'20'20'20'20'20'20'20'20'20'20'20'20'20'20'20'20'20'20'20'20'20'20'20'20'20'71'-1"2 7 ' - 4 "20'24'20'24'R30'-0" 24 ' - 0 "PROP. F IRE LANE 24 ' -0 "PROP. F IRE LANE 8' HT. VINYL COATEDCHAIN LINK FENCE& GATES8' HT. VINYL COATEDCHAIN LINK FENCE& GATES8' HT. VINYL COATEDCHAIN LINK FENCE& GATESR30'-0"R30'-0"R42'-3"R42'-1"R87'-3"PROP.FHPROP.FHPROP.FHPROP.FHPROP.FHPROP.FHPROP.FHPROP.FHPROP.FH100'-0"18'-0"TYP.18'-0"TYP.LIMITS OF FIRE LANE PAVEMENT15' WATERLINEEASEMENT10' WATERLINEEASEMENTDRAINAGEEASEMENTDRAINAGEEASEMENT10' WATEREASEMENT15' SSEASEMENTVARIABLE WIDTHSEWER EASEMENT24' FIRE LANEEASEMENT6'LPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPLPSITEFURNISHING23'11'EXISTING 4' HT.T-POST / WIRE FENCEPROP.WATER METERPROP.ELEC. EQUIP.ENCLOSURER54'- 0"R30'R30'DRAINAGE ANDFLOODWAYEASEMENTDRAINAGE ANDFLOODWAYEASEMENTDRAINAGEEASEMENTPROPOSEDPOND C - DRY POND(DRY DUE TO BEING A TEMPORARYPOND UNTIL FUTUREIMPROVEMENTS ARE DETERMINEDBY TOWN)8' HT. STEEL AMERISTARFENCE W/ GATE,BLACKRAISED ISLANDW/ MOUNTABLECURBRAISED ISLANDW/ MOUNTABLECURB35' BUILDINGSETBACK25' LANDSCAPEEDGE35' BUILDINGSETBACK35' BUILDINGSETBACK25' LANDSCAPEEDGENORTHGRAPHIC SCALE01 inch =100200100'SITE PLAN SPAALAPLKLSFILENAME: 7691-Site Plan.dwgPLOTTED BY: Arron LawPLOTTED ON: Friday, February 02, 2024 FULL PATH: T:\Production Files\7691\PLA\Drawings\Plot Sheets\7691-Site Plan JOB NO.DESIGNED BY:DRAWN BY:CHECKED BY:DATE:SHEET:REVISIONS DESCRIPTIONDATENO.7691.001FEBRUARY 02, 2024 RAYMOND COMMUNITY PARK BLOCK 1, LOT 1 WILLIAM BUTLER SURVEY, ABSTRACT NO. 112 TOWN OF PROSPER, COLLIN COUNTY, TEXASPRELIMINARYFOR REVIEW ONLYThese documents are forBidding Purposes onlyand not intended forConstruction orPermit Purposes. Theywere prepared by, orunder the supervision of:Arron P. LawL.A.#336702/02/2024TOWN PROJECT #:2122-PK LEGENDPROPERTY LINEEXISTING FENCE LINEEXISTING OVERHEAD ELECTRICEXISTING WATEREXISTING UNDERGROUNDFIBER OPTIC LINETEMPORARY BENCHMARKLOCATION (TBM)LIGHT POLES(SPORTS, PARKING, PEDESTRIAN)FIRE LANE PAVINGEX - OHEX - WEX - FOLP··PROJECTLOCATIONCOIT ROAD E PROSPER TRAILE 1ST STREETN P R E S T O N R O A D LA C IMA B L VD .LOCATION MAPNORTHSITE PLAN NOTES:1.All development standards shall follow Town Standards.2.Landscaping shall conform to landscape plans approved by the Town of Prosper.3.All development standards shall follow Fire Requirements per the Town of Prosper.4.Handicapped parking areas and building accessibility shall conform to the Americans with DisabilitiesAct (ADA) and with the requirements of the current, adopted Building Code.5.All signage is subject to Building Official approval.6.Impact fees will be assessed in accordance with the land use classification(s) identified on the SiteData Summary Table; however, changes to the proposed land use at the time of CO and/or finish-outpermit may result in additional impact fees and/or parking requirements.7.The approval of a Preliminary Site Plan shall be effective for a period of two (2) years from the date thatthe Preliminary Site Plan is approved by the Planning & Zoning Commission, at the end of which timethe applicant must have submitted and received the approval of a Site Plan by the Planning & ZoningCommission. If a site plan is not approved within such two (2) year period, the Preliminary Site Planapproval is null and void. If Site Plan approval is only for a portion of the property, the approval of thePreliminary 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 includevehicular paving, required parking lot landscape islands, building footprint, utility yards, requiredlandscape setbacks, sidewalks*, and detention pond *9.Pond waiver by means of this Site Plan. Ponds to be constructed per Town Engineering Approved Plans.OWNER / DEVELOPER:TOWN OF PROSPER, TEXAS250 W FIRST STREETPROSPER, TX 75078(972)-346-3502ENGINEER / SURVEYOR:DUNAWAY ASSOCIATES, LLC550 BAILEY AVENUESUITE 400FORT WORTH, TX 76107817-335-1121This Site Plan was prepared in February 2024Being a Tract of LandDescribed in the Deed Recorded inDocument Number: 20121030001383440Official Public Records of Collin County, TexasSituated in theWilliam Butler Survey, Abstract No. 112Town of Prosper, Collin County, TexasforThe Town of ProsperProject No. 2122-PKbyDunaway AssociatesBLOCK 1, LOT 1(69.49 Acres or 3,027,220 Square Feet)Raymond Community ParkSITE PLANDEVAPP-23-0205US 380Page 244Item 21. ProsperIndependentSchoolDistrictrevisionno.datebydatescaleverthoriztnp projectsheetHUC23593Town of Prosper, TexasProsper Independent School DistrictFEB 2024teague nall and perkins, inc5237 N. Riverside Drive, Suite 100Fort Worth, Texas 76137817.336.5773 ph 817.336.2813 fxwww.tnpinc.comTBPELS: ENGR F-230; SURV 10011600, 10011601, 10194381GBPE: PEF007431; TBAE: BR 2673PROSPER, TXROGERS MIDDLE SCHOOL BUILDING ADDITION AND RENOVATIONStnp Project HUC23593ROGERS MIDDLE SCHOOL BUILDING ADDITION AND RENOVATIONS1TOWN SITE PLAN1"=100'N/ASITE PLAN NOTESLEGENDSITE DATA SUMMARYLOCATION MAPNOT TO SCALELOCATION MAPNOT TO SCALESITE PLANFORLORENE ROGERS MIDDLESCHOOL BUILDING ADDITIONPROSPER I.S.D.BLOCK A, LOT 1RTOWN OF PROSPER,COLLIN COUNTY, TEXASCASE No. (DEVAPP-24-0010)JANUARY 2024Page 245Item 21.