10.28.25 Town Council Regular Meeting PacketPage 1 of 4
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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. Receive an update regarding the 89th Texas Legislative Session. (RB)
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.
2. Consider and act upon the minutes of the October 14, 2025, Town Council Work Session
meeting. (MLS)
Agenda
Prosper Town Council Meeting
Prosper Town Hall, Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, October 28, 2025
6:15 PM
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Page 2 of 4
3. Consider and act upon the minutes of the October 14, 2025, Town Council Regular
meeting. (MLS)
4. Consider and act upon the minutes of the October 16, 2025, Town Council, EDC, and
P&Z Joint Work Session. (MLS)
5. Consider and act upon an Ordinance amending the Code of Ordinances by amending
Section 1.09.008, “Bicycle and Electric Bicycle riding and skating in Parks and on Bike
Trails,” of Article 1.09, “Parks and Recreation,” of Chapter 1, “General Provisions,” to
provide for a speed limit for electric bicycles in Parks and on Bike Trails; Amending
Chapter 12, “Traffic and Vehicles,” by adding a new Article 12.10, “Regulations Specific
to Electric Bicycles, Pocket Bikes or Mini Motorbikes”. (TW)
6. Consider and act upon authorizing the Town Manager to approve the purchase of a
Managed Security Service Provider platform, through SHI Public Sector in the amount
of $92,465. (LJ)
7. Consider and act upon authorizing the Town Manager to approve the purchase of
the annual license renewal of the Town's virtual server cluster platform, through SHI
Public Sector in the amount of $60,348.16. (LJ)
8. Consider and act upon approving the purchase of Fire Station Emergency Station
Alerting equipment from US Digital Designs for the new Fire Station 4, throug h the
Houston-Galveston Area Council (HGAC) Cooperative Purchasing Program
Contract#EC07-23 in the amount of $94,316.70. (SB)
9. Consider and act upon approving the purchase of one (1) Cascade SCBA Fill Station
from August Industries Inc., through the BuyBoard Purchasing Cooperative Contract
698-23 in the amount of $58,132.05. (SB)
10. Consider and act upon authorizing the Town Manager to execute a Construction
Agreement with Ratliff Hardscape, Ltd. for the Doe Branch Trail Connections in the
amount of $312,116.65. (DB)
11. Consider and act upon approving a Professional Services Agreement between Kimley-
Horn and Associates, Inc. and the Town of Prosper, Texas, for the preparation of plans
and construction documents for landscaping of Mahard Pkwy and Prairie Drive roadway
medians in the amount of $100,000, and authorize the Town Manager to execute
documents for the same. (DB)
12. Consider and act upon authorizing the Town Manager to execute a Construction
Agreement awarding CSP No. 2025-17-B to Roadway Solutions Inc., related to
construction services for the Teel Parkway at Prairie Drive traffic signal project, for
$517,548.75. (HW)
13. [TABLED TO NOVEMBER 11] Conduct a Public Hearing to consider the adoption of a
Unified Development Code, which encompasses amendments to Building Regulations,
Business Regulations, Fire Prevention and Protection codes, Health and Sanitation
codes, the Subdivision Regulation, Utilities standards, the Zoning Ordinance,
Engineering Design Standards, and Definitions. (ZONE-25-0014) (DH) Town staff has
requested for this item to be tabled.
14. 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
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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:
15. Consider and act upon a Park Improvement Fee Agreement between the Town of
Prosper and Shaddock-Creekside Prosper, LLC, for the Creekside development. (DB)
16. 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.
Section 551.072 – To discuss and consider the 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 551.089 - To deliberate security information collected, assembled, or maintained
by or for a governmental entity to prevent, detect, or investigate criminal activity,
pursuant to Section 2059.055 of the Texas Government Code, and all matters incident
and related thereto.
Section 551.071 - Consultation with the Town Attorney regarding legal issues associated
with HB 3611 (2025 Regular Session), and all matters incident and related thereto.
Section 551.074 - To discuss appointments to the Board of Adjustment/Construction
Board of Appeals, Parks & Recreation Board, Library Board, Prosper Economic
Development Corporation Board, Planning & Zoning Commission, Community
Engagement Committee, and the Downtown Advisory Committee, and all matters
incident and related thereto.
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Section 551.071 – Consultation with the Town Attorney to discuss legal issues
associated with any work session or regular agenda item.
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
Wednesday, October 22, 2025, and remained so posted at least three (3) business days 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 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 -1073
at least 48 hours prior to the meeting time.
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Call to Order/ Roll Call.
The meeting was called to order at 5:02 p.m.
Council Members Present:
Mayor David F. Bristol
Mayor Pro-Tem Amy Bartley
Deputy Mayor Pro-Tem Chris Kern
Councilmember Marcus E. Ray arrived at 5:12 p.m.
Councilmember Craig Andres
Councilmember Jeff Hodges
Councilmember Cameron Reeves
Staff Members Present:
Mario Canizares, Town Manager
Terry Welch, Town Attorney
Michelle Lewis Sirianni, Town Secretary
Bob Scott, Deputy Town Manager
Chuck Ewings, Assistant Town Manager
David Hoover, Development Services Director
Hulon Webb, Director of Engineering
Dan Heischman, Asst. Director of Engineering, Development
Suzanne Porter, Planning Manager
Tony Luton, Human Resources Director
Todd Rice, Communications Director
Items for Individual Consideration:
1. Discussion regarding the Unified Development Code (UDC). (DH)
Mr. Hoover introduced the item indicating the Planning and Zoning Commisison have
been reviewing the proposed UDC over the past nine months allowing them to revise
various sections. A draft was placed on the website for members of the public to view.
A consultant with Freese and Nichols provided an overview of the substantial
changes being proposed within the UDC. Next steps included combining and
adopting the code with any other recommended changes by the Town Council.
The Town Council discussed the proposed changes recommending further
discussion and possible changes within building permits timeframes, lights, and
definitions within zoning regulations.
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.
MINUTES
Prosper Town Council Work Session
Prosper Town Hall – Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, October 14, 2025
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Item 2.
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Section 551.072 – To discuss and consider the 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 Board of Adjustment/Construction Board
of Appeals, Parks & Recreation Board, Library Board, Prosper Economic Development
Corporation Board, Planning & Zoning Commission, Community Engagement Committee,
and the Downtown Advisory Committee, and all matters incident and related thereto.
Section 551.071 – Consultation with the Town Attorney to discuss legal issues associated
with any agenda item.
The Town Council recessed into Executive Session at 5:48 p.m.
Reconvene into Work Session.
The Town Council reconvened into the Work Session at 6:16 p.m.
No action was taken.
Adjourn.
The meeting was adjourned at 6:16 p.m.
These minutes were approved on the 28th day of October 2025.
APPROVED:
______________________________
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
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Call to Order/ Roll Call.
The meeting was called to order at 6:16 p.m.
Council Members Present:
Mayor David F. Bristol
Mayor Pro-Tem Amy Bartley
Deputy Mayor Pro-Tem Chris Kern
Councilmember Marcus E. Ray
Councilmember Craig Andres
Councilmember Jeff Hodges
Councilmember Cameron Reeves
Staff Members Present:
Mario Canizares, Town Manager
Terry Welch, Town Attorney
Michelle Lewis Sirianni, Town Secretary
Bob Scott, Deputy Town Manager
Chuck Ewings, Assistant Town Manager
Hulon Webb, Director of Engineering
Carrie Jones, Public Works Director
Ryan Patterson, Asst. Finance Director
Tony Luton, Human Resources Director
Larenz Taylor, Management Analyst
Dan Baker, Parks and Recreation Director
David Hoover, Development Services Director
Leigh Johnson, IT Director
Pam Clark, Business Systems Specialist
Suzanne Porter, Planning Manager
Muya Mwangi, Help Desk Technician I
Todd Rice, Communications Director
Kaylynn Stone, Recreation Services Manager
Angela Lewis, Event Specialist
Doug Kowalski, Police Chief
Tom Davis, Assistant Police Chief
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Joshua Reeve with The Cause 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 Reeves made the following announcements:
Thank you to everyone who joined us for “Celebrate Prosper” this year. A special thank you to the
Parks and Recreation Department, our volunteers, and all those who were involved in making it a
great event.
MINUTES
Prosper Town Council Meeting
Prosper Town Hall, Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, October 14, 2025
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Item 3.
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Join fellow active adults 55+ to meet and greet Mayor Bristol at the annual Mayor’s luncheon on
Wednesday, October 15 from 11 a.m. to 1 p.m. at the Church of Jesus Christ of Latter-Day
Saints located at 970 N. Coit Road. Reserve your seat by visiting www.prospertx.gov/programs.
Join us in honoring our local First Responders for National First Responders Day on Saturday,
October 25 from 9:00 to 11:00 am at T-Mobile in the Gates of Prosper.
Early Voting for the November General and Special Election begins on Monday, October 21 and
runs through Friday, October 31. Voting dates, hours, and designated locations may be found on
the Town’s website at www.prospertx.gov/vote or by visiting the Collin County and Denton County
Elections websites.
Join the Town for its annual Arbor Day Celebration on Friday, November 7, from 5:00 to 6:00 p.m.
at Tanner’s Park. The Parks Operations staff will demonstrate proper planting techniques, plant
care, and feeding. Learn more at www.prospertx.gov/specialevents.
The Prosper Veterans Day Honor Run will take place on Saturday, November 8 from 8 to 11 a.m.
at Frontier Park, with a 10K, 5K and Fun Run. This family-friendly event welcomes participants of
all ages and abilities. For more information including how to register, visit
www.prospertx.gov/specialevents.
Mayor Bristol thanked all those who participated in National Night Out.
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.
1. Consider and act upon the minutes of the September 16, 2025, Town Council
Regular meeting. (MLS)
2. Consider and act upon the minutes of the September 23, 2025, Town Council
Work Session meeting. (MLS)
3. Consider and act upon the minutes of the September 23, 2025, Town Council
Regular meeting. (MLS)
4. Consider and act upon Resolution 2025-52 calling the remaining portion of the
Town of Prosper, Texas, General Obligation Refunding and Improvement Bonds,
Series 2014 for Redemption Prior to Maturity; and Enacting Other Provisions
Relating to the Subject. (CL)
5. Consider and act upon Resolution 2025-53 to deny the application of Oncor
Electric Delivery Company LLC to change rates within the Town. (MLS)
6. Consider and act upon authorizing the Town Manager to execute an agreement
regarding the Police Department’s (PD) Analytics and Management Pl atform for
the purchase of public safety technology enhancements. (DK/SB)
7. Consider and act upon approving the purchase of meter transmission units
(MTUs) from Aclara Technologies, LLC, for $175,921.20 for the use with water
meters. (CJ)
8. Consider and act upon an annual fixed-price agreement for the purchase of
Hydrogen Sulfide Odor Control Technology for the Town’s wastewater system,
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Item 3.
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at the unit prices guaranteed, from Helix Laboratories, Inc., a sole source
provider. (CJ)
9. Consider and act upon authorizing the Town Manager to execute a five-year
contract renewal for $370,198 between the Town of Prosper and Tyler
Technologies for the Enterprise Permitting and Licensing software. (LJ)
10. Consider and act upon Ordinance 2025-54 to amend the uses and conceptual
layout of a portion of Subdistrict 2 and Subdistrict 3 of Planned Development-67,
consisting of 258.3± acres on the west side of Preston Road between US 380
(University Drive) and First Street. (ZONE-24-0012) (DH)
11. Consider and act upon authorizing the Town Manager to execute a Development
Agreement between 289 (Preston) & 380, LP, 183 Land Corporation, GOP #3 LLC,
and GOP Multifamily LLC and the Town of Prosper relative to Subdistricts 2 and
3 of the Gates of Prosper. (DH)
12. Consider and act upon a request for the removal of a historic tree at 591 Harrison
Lane. (DH)
13. [TABLED TO NOVEMBER 11] Conduct a Public Hearing and consider and act
upon a request to rezone 61.7± acres from Agricultural and Planned
Development-71 to a Planned Development allowing for Mixed-Use Development,
located on the south side of First Street and 1,550± feet east of Legacy Drive.
(ZONE-24-0025) (DH) Town Staff has requested this item to be tabled.
14. 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)
Mayor Bristol requested to pull items 10 and 11.
Councilmember Ray made a motion to approve consent agenda items 1 through 9, and
12 through 14. Deputy Mayor Pro-Tem Kern seconded the motion. Motion carried
unanimously.
Regarding items 10 and 11, Mayor Bristol noted questions that were posed to staff
regarding the surface parking screening, determining ‘upscale’ uses, setbacks, and an
designated store front for the Police Department.
Mayor Pro-Tem Bartley made a motion to approve items 10 and 11. Councilmember
Hodges seconded the motion. Motion carried with a 6-1 vote. Deputy Mayor Pro-Tem
Kern voting in opposition.
CITIZEN COMMENTS
No comments were made.
Items for Individual Consideration:
15. Conduct a Public Hearing and consider and act upon a request to rezone 373.5±
acres from Agricultural to a Planned Development allowing for both Single-
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Item 3.
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Family and Age-Restricted Single-Family Residences, located on the south side
of Parvin Road and 2,070± feet east of FM 1385. (ZONE-24-0022) (DH)
Mr. Hoover introduced the item.
Mr. Bowell with Toll Brothers presented the changes to the request based on feedback
received from the Town Council.
Mayor Bristol opened the public hearing.
John Saunders resident and employee of Toll Brothers expressed his support for the
project.
Mayor Bristol closed the public hearing.
The Town Council discussed the changes revised including the number of lots, lot
sizes, plan layout, architectural standards, definition for single family dwelling, west
track standards, setbacks, fencing requirements, screening, playground standards,
sidewalks, and landscaping.
Mayor Pro-Tem Bartley made a motion to approve a request to rezone 373.5± acres
from Agricultural to a Planned Development allowing for both Single-Family and Age-
Restricted Single-Family Residences, located on the south side of Parvin Road and
2,070± feet east of FM 1385 subject to changes submitted to the Town Attorney. Deputy
Mayor Pro-Tem Kern seconded the motion. Motion carried with a 6-1 vote.
Councilmember Ray voting in opposition.
16. Consider and act upon authorizing the Town Manager to execute Change Order
No. 4 to Dean Construction, and Professional Services Agreement amendments
for Dunaway Associates, LLC, and Peak Program Value, LLC, for Raymond
Community Park, in the amount of $613,160. (DB)
Mr. Baker presented an overview of the item outlining the total expenditures from the
Change Order, the service agreements, the budget revenue sources to fund the
associated costs, and future project considerations based on the project timeline.
The Town Council discussed and expressed their concerns about the timing of the
project and the continued increase in costs associated with the project. They
emphasized the need to complete the project.
Councilmember Reeves made a motion to approve authorizing the Town Manager to
execute Change Order No. 4 to Dean Construction, and Professional Services
Agreement amendments for Dunaway Associates, LLC, and Peak Program Value,
LLC, for Raymond Community Park, in the amount of $613,160. Councilmember
Hodges seconded the motion. Motion carried unanimously.
17. Receive an update on the safety concerns and enforcement efforts regarding E-
Motorcycles and E-Bikes. (DK)
Chief Kowalski presented an update focused on items of concern, educational
campaigns being done, current ordinances in effect, proposed regulation amendment,
and possible penalties associated with any violation(s).
The Town Council discussed penalty amounts, the education campaign, and the
proposed forthcoming amendment.
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Item 3.
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18. Discussion regarding the 2026 Special Events Calendar. (KS)
Ms. Stone presented the item noting results of the recent survey and changes made
from the current year’s calendar. The calendar was presented to the CEC and Park
Board for their recommendation. Staff are requesting any additional feedback or
changes.
The Town Council discussed growing some main events such as Celebrate Prosper,
focusing on Downtown events, and ways to promote events to the community. The
Council agreed to move forward with calendar as presented.
19. Discuss and consider Town Council Subcommittee reports. (DFB)
Councilmember Andres noted the McKinney Urban District Board met and renewed the
ILA with Dart.
Mayor Pro-Tem Bartley noted that the Park Board was encouraged at the Joint
CEC/Park Board meeting to take up monthly challenges including brainstorming ways
to increase participation in the Mayor’s Fitness Challenge and ways to incorporate that
into training for the Veteran’s Honor Run.
Councilmember Hodges noted the CEC met with their new board members and caught
them up to speed with projects the committee is working on and items they are
brainstorming.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Councilmember Hodges requested information regarding the missing basketball nets at
Lakewood Park.
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 the 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 Board of Adjustment/Construction
Board of Appeals, Parks & Recreation Board, Library Board, Prosper Economic
Development Corporation Board, Planning & Zoning Commission, Community
Engagement Committee, and the Downtown Advisory Committee, and all matters
incident and related thereto.
Section 551.071 – Consultation with the Town Attorney to discuss legal issues
associated with any work session or regular agenda item.
The Town Council recessed into Executive Session at 8:20 p.m.
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Item 3.
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Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
The Town Council reconvened into Regular Session at 8:47 p.m.
Mayor Pro-Tem Bartley made a motion to approve the settlement in Prosper v. Pemmasani under
the terms discussed in executive session and authorize the Town Manager to execute all
appropriate documentation. Councilmember Reeves seconded the motion. Motion carried
unanimously.
Mayor Pro-Tem Bartley made a motion to remove Jai Mathu from the Community Engagement
Committee. Councilmember Hodges seconded the motion. Motion carried unanimously.
Adjourn.
The meeting was adjourned at 8:48 p.m.
These minutes were approved on the 28th day of October 2025.
APPROVED:
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
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Item 3.
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Town Council Call to Order/Roll Call.
Mayor Bristol called the meeting to order at 5:30 p.m.
Council Members Present:
Mayor David F. Bristol
Mayor Pro-Tem Amy Bartley
Deputy Mayor Pro-Tem Chris Kern
Councilmember Craig Andres
Councilmember Marcus Ray
Councilmember Jeff Hodges arrived at 6:22 p.m.
Councilmember Cameron Reeves
Economic Development Corporation Call to Order / Roll Call.
Board Member Smith called the meeting to order at 5:34 p.m.
Economic Development Corporation Board of Directors Present:
Board Member Ray Smith
Board Member Don Perry
Board Member David F. Bristol
Board Member Jeffrey Yates
Board Member Chris Kern
Economic Development Corporation Board of Directors Absent:
President Chad Gilliland
Board Member Grant Mendeljian
Planning and Zoning Commission Call to Order/Roll Call.
Commission Member Blanscet called the meeting to order at 5:34 p.m.
Planning and Zoning Commission Members Present:
Commissioner Matt Furay
Commissioner John Hamilton
Commissioner Deborah Daniel
Commissioner Glen Blanscet
Commissioner Brett Butler
Planning and Zoning Commission Members Absent:
Commissioner Josh Carson
Commissioner Damon Jackson
Staff Members Present:
Mario Canizares, Town Manager
Robert Brown, Town Attorney
Bob Scott, Deputy Town Manager
Chuck Ewings, Assistant Town Manager
MINUTES
Prosper Town Council, EDC, and P&Z
Joint Work Session
Prosper Town Hall – Council Chambers
250 W. First Street, Prosper, Texas
Thursday, October 16, 2025
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Item 4.
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Michelle Lewis Sirianni, Town Secretary
David Hoover, Development Services Director
Dan Heischman, Ast. Director of Engineering - Development
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 the purchase, exchange, lease, or value
of real property for municipal purposes and all matters incident and related thereto.
Section 551.071 - Consultation with the Town Attorney to discuss legal issues
associated with economic development and property acquisition issues, and all
matters incident and related thereto.
The Town Council, Economic Development Corporation, and Planning and Zoning Commission
recessed into Executive Session at 5:35 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 7:34 p.m.
No action was taken.
The Economic Development Corporation reconvened into Regular Session at 7:34 p.m.
No action was taken.
The Planning and Zoning Commission reconvened into Regular Session at 7:35 p.m.
No action was taken.
Adjourn.
The meeting was adjourned by all three governing bodies at 7:35 p.m.
These minutes were approved on the 28th day of October 2025.
APPROVED:
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
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Item 4.
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To: Mayor and Town Council
From: Terrence S. Welch, Town Attorney
Through: Mario Canizares, Town Manager
Doug Kowalski, Chief of Police
Re: Electric Bicycles and Electric Motorcycles
Town Council Meeting – October 28, 2025
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon an Ordinance amending the Code of Ordinances by amending Section
1.09.008, “Bicycle and Electric Bicycle riding and skating in Parks and on Bike Trails,” of Article
1.09, “Parks and Recreation,” of Chapter 1, “General Provisions,” to provide for a speed limit for
electric bicycles in Parks and on Bike Trails; Amending Chapter 12, “Traffic and Vehicles,” by
adding a new Article 12.10, “Regulations Specific to Electric Bicycles, Pocket Bikes or Mini
Motorbikes”.
Description of Agenda Item:
There is a proliferation of E-motorcycles and E-bicycles that are being driven unsafely and illegally
causing serious safety concerns to other pedestrian and vehicular traffic, as well as several
reported accidents with injuries. Additionally, there have been several instances of costly damage
done to public and private property caused by these devices.
On April 8, 2025, the Town Council amended the Code of Ordinances to address electric bicycles
in its traffic regulations.
On July 22, 2025, it was determined that existing ordinances addressing park operations should
be similarly amended to regulate electric bicycles on park property. That ordinance provides for
the regulation of electric bicycles in parks and on bike trails as well as in outd oor areas and
facilities.
On October 14, the Police Department made an updated presentation to the Council regarding
this situation and made several recommendations for additional safety regulations and increased
penalties.
These amendments provide additional tools for addressing the proliferation of electric bicycles in
the Town. violations that may be charged in the event that criminal activity exceeds the
jurisdictional levels of Class C misdemeanors that are prosecuted in Prosper Municipal Court.
TOWN ATTORNEY
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Item 5.
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(In addition, the Prosper PD and Communications Team will work on an education campaign that
can be shared with PISD-PD and request that they pass these changes on to the parents and
school administrators. We are also coordinating our efforts with the Celina Police Department.)
Budget Impact:
There is no budgetary impact affiliated with this item.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as
to form and legality.
Attached Documents:
1. Ordinance
Town Staff Recommendation:
Town Staff recommend that the Town Council approve an Ordinance amending the Code of
Ordinances by amending Section 1.09.008, “Bicycle and Electric Bicycle riding and skating in
Parks and on Bike Trails,” of Article 1.09, “Parks and Recreation,” of Chapter 1, “General
Provisions,” to provide for a speed limit for electric bicycles in Parks and on Bike Trails; Amending
Chapter 12, “Traffic and Vehicles,” by adding a new Article 12.10, “Regulations Specific to Electric
Bicycles, Pocket Bikes or Mini Motorbikes.”.
Proposed Motion:
I move to approve an Ordinance amending the Code of Ordinances by amending Section
1.09.008, “Bicycle and Electric Bicycle riding and skating in Parks and on Bike Trails,” of Article
1.09, “Parks and Recreation,” of Chapter 1, “General Provisions,” to provide for a speed limit for
electric bicycles in Parks and on Bike Trails; Amending Chapter 12, “Traffic and Vehicles,” by
adding a new Article 12.10, “Regulations Specific to Electric Bicycles, Pocket Bikes, or Mini
Motorbikes”.
Page 16
Item 5.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2025-___
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION
1.09.008, “BICYCLE AND ELECTRIC BICYCLE RIDING AND SKATING IN
PARKS AND ON BIKE TRAILS,” OF ARTICLE 1.09, “PARKS AND
RECREATION,” OF CHAPTER 1, “GENERAL PROVISIONS,” TO PROVIDE
FOR A SPEED LIMIT FOR ELECTRIC BICYCLES IN PARKS AND ON BIKE
TRAILS; AMENDING CHAPTER 12, “TRAFFIC AND VEHICLES,” BY ADDING
A NEW ARTICLE 12.10, “REGULATIONS SPECIFIC TO ELECTRIC BICYCLES,
POCKET BIKES OR MINI MOTORBIKES”; MAKING FINDINGS; PROVIDING A
PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town of Prosper, Texas (“Town”), is a home-rule municipal corporation
duly organized under the laws of the State of Texas; and
WHEREAS, the Town earlier this year has determined that electric bicycles have
proliferated in the Town and on numerous occasions electric bicycles have been used in such a
manner as to seriously damage parks and/or parkland in the Town; and
WHEREAS, it is the desire of the Town Council to require Town-issued permits for any
electric bicycles used or operated in the Town on any public property; and
WHEREAS, the Town Council finds it necessary to provide for additional regulations
related to the operation of electric bicycles, all in an effort to further enhance public safety; and
WHEREAS, for the safety of those individuals who ride electric bicycles in the Town, safety
requires that such individuals do not traverse the Town with noise-impeding devices, such as
earbuds, headphones, ear plugs or similar devices; and
WHEREAS, the Town Council of the Town of Prosper, Texas, has determined that it is in
the public’s best interest and in furtherance of the health, safety, morals, and general welfare of
the citizens of the Town to provide for such permits for electric bicycles.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All of the above premises are hereby found to be true and correct legislative and factual
findings of the Town of Prosper, and they are hereby approved and incorporated into the body of
this Ordinance as if restated herein in their entirety.
SECTION 2
From and after the effective date of this Ordinance, Section 1.09.008, “Bicycle Riding and
Skating In Parks and on Bike Trails,” of Article 1.09, “Parks and Recreation,” of Chapter 1,
“General Provisions,” of the Town’s Code of Ordinances is hereby amended to read as follows:
Page 17
Item 5.
2
Ҥ 1.09.008. Bicycle and Electric Bicycle Riding and Skating in Parks and on Bike Trails.
(a) Bicycle and electric bicycle riding and skating shall include peddled and bicycles of one,
two or more wheels, whether electric or not, push type or motorized scooters, roller skates,
in-line skates, in-shoe skates, skateboards, or any similar vehicle or apparatus. Bicycle
and electric bicycle riding and skating shall be governed by safe riding/skating practices
and consideration for use of parks by others. Where special parking provisions have been
made for bicycles, parking for electric bicycles is permissible, and parking for bicycles and
electric bicycles shall be limited to that area. Bicycle and electric bicycle riding and skating
shall be prohibited in playgrounds, flowerbeds, pedestrian-only sidewalks, open space
areas of parks, tennis courts, athletic courts, athletic fields, picnic pavilions and/or any
other areas designated by the town.
(b) The maximum speed of an electric bicycle in any area where the operation of an electric
bicycle is permitted in any Town park or bike trail is 10 miles per hour, unless otherwise
restricted.
* * *”
SECTION 3
From and after the effective date of this Ordinance, Chapter 12, “Traffic and Vehicles,” of
the Town’s Code of Ordinances is hereby amended by adding a new Article 12.10, “Regulations
Specific to Electric Bicycles,” to read as follows:
“ARTICLE 12.10
REGULATIONS SPECIFIC TO ELECTRIC BICYCLES, POCKET BIKES OR
MINIMOTORBIKES
§ 12.10.001. Electric Bicycle Permit Required.
(a) No person shall operate, or cause to be operated, an electric bicycle on any public street,
roadway, parking area or other authorized Town property, including but not limited to a
bike trail, unless a valid permit has been issued by the Town.
(b) Application for a permit authorizing the operation of an electric bicycle shall be made in
person by the operator of said electric bicycle. The application shall be made in writing to
the Town’s Police Department on the designated electric bicycle permitting form. An
application shall include the following:
(1) The name, address, telephone number, and state driver license number, if any, of
the electric bicycle operator;
(2) The street address where the electric bicycle will be kept, including the particular
suite or apartment number, if applicable;
(3) The year, make, model, color, and serial number or identification number of the
electric bicycle;
(4) The person(s), designated by the chief of police, who inspected the electric bicycle,
Page 18
Item 5.
3
including certification on the application by said inspector that the electric bicycle
complies with the requirements of this section before the issuance of a permit; and
(5) No fee shall be required for the issuance of a permit, as referenced herein.
(c) Application for a permit and electric bicycle inspection may be completed at the Town's
Police Department on any business day from the hours of 9:00 a.m. to 4:00 p.m., by the
chief of police, or his designee;
(d) The permit emblem shall be permanently affixed on the left side of the electric bicycle
frame, by the inspector, in such a manner that is clearly visible. The permit emblem must
not be damaged, altered, obstructed, or otherwise made illegible;
(e) The permit emblem shall only be placed upon the electric bicycle for which it was issued;
(f) A permit issued to an electric bicycle shall become invalid if the electric bicycle is altered
in a manner that fails to comply with any requirement of this section;
(g) The permit holder shall notify the chief of police within ten (10) business days should the
electric bicycle’s operator transfer ownership or the address of the electric bicycle storage
location change;
(h) Lost or stolen permit emblems are the responsibility of the operator. A police report must
be filed in the event of a lost or stolen permit emblem. If no record of previous application
for permit can be found, the Police Department may direct the reporting party to reapply
before a replacement permit emblem is issued;
(i) Any person who operates an electric bicycle and fails to comply with this section will be
subject to all applicable state laws, in addition to being in violation of this section;
(j) A permit may be revoked at any time by the chief of police, or his designee, if there is any
evidence that the permit holder cannot safely operate the electric bicycle in compliance
with this section.
§ 12.10.002. Safety Regulations for Electric Bicycles.
(a) No person shall wear any headphones, earbuds, ear plugs or other noise reduction
devices while operating an electric bicycle.
(b) No person shall operate an electric bicycle and carry a passenger on such electric bicycle
unless the electric bicycle is specifically designed for a passenger with additional seating,
or the passenger is a child riding in a properly attached child safety seat.
(c) No person shall operate an electric bicycle after dusk without the electric bicycle being
equipped with a front white light visible from 500 feet away, and red rear reflector visible
from 300 feet away or a lamp visible from 500 feet away.
(d) No person under the age of fifteen (15) years shall operate a Class 3 electric bicycle.
(e) No person under the age of sixteen (16) shall operate an electric bicycle without wearing
a helmet that is properly-fitted; is not structurally damaged; and conforms to current
Page 19
Item 5.
4
standards of the American National Standards Institute, the American Society for Testing
and Materials, the Snell Memorial Foundation, or any federal agency having regulatory
jurisdiction over bicycle helmets.
§ 12.10.003. Operation of Electric Bicycles in Parks and Other Town Facilities.
The operation of an electric bicycle in a Town park, bike trail or in outdoor areas and facilities shall
be subject to the provisions of Article 1.09 of Chapter 1 of this Code of Ordinances.
§ 12.10.004. Preemption by State Law.
In the event that any provision in this Article is preempted by state law, state law shall apply.
§ 12.10.005. Penalties.
(a) Any person violating this Article shall be deemed guilty of a misdemeanor, and upon
conviction thereof shall be fined in an amount of no less than $250.00.
(b) Any person violating this Article shall be deemed guilty of a misdemeanor, and upon
conviction of a second offenses within one (1) year of a first conviction for a violation of
this Article, shall be fined in an amount of no less than $500.00.
§ 12.10.005. Pocket Bikes or Mini Motorbikes.
The operation of pocket bikes or Mini Motorbikes is governed by Chapter 551 of the Texas
Transportation Code, as amended, and the provisions of this Article shall not apply to pocket bikes
or mini motorbikes.”
SECTION 4
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict, and any remaining portions of said ordinances shall remain in full force
and effect.
SECTION 5
This Ordinance shall become effective from and after its adoption and publication as
required by law; however, enforcement of any provision of Section 3 of this Ordinance shall not
be effective until December 1, 2025.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 28TH DAY OF OCTOBER, 2025.
___________________________________
David F. Bristol, Mayor
Page 20
Item 5.
5
ATTEST:
____________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 21
Item 5.
Page 1 of 2
To: Mayor and Town Council
From: Leigh Johnson, Director of Information Technology
Through: Mario Canizares, Town Manager
Bob Scott, Deputy Town Manager
Re: Managed Cyber Security Services
Town Council Meeting – October 28, 2025
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon authorizing the Town Manager to approve the purchase of a Managed
Security Service Provider platform, through SHI Public Sector in the amount of $92,465.
Description of Agenda Item:
The purpose of this item is to authorize the procurement of a Managed Security Service Provider
(MSSP) platform; a comprehensive solution providing threat intelligence, incident response (IR),
vulnerability management (VM), endpoint detection and response (EDR) monitoring, security
information and event monitoring (SIEM), security orchestration/automation (SOAR), cloud
security monitoring, ransomware protection, and a 24/7 security operations center (SOC).
Selection Process:
The Information Technology Department conducted an extensive evaluation process over several
months to identify a modern, best-in-class solution to refine and expand upon the Town's current
mix of cybersecurity solutions. The goal was to consolidate costs, reduce complexity, increase
threat visibility, enhance incident response capabilities, and ensure the Town continues to meet
best practice frameworks in cybersecurity risk mitigation.
Vendors evaluated included:
REDACTED
REDACTED
REDACTED
REDACTED
REDACTED
Key evaluation criteria:
Breadth of toolset (SOC, EDR monitoring, vulnerability management, SIEM/SOAR, cloud
security)
INFORMATION
TECHNOLOGY
Page 22
Item 6.
Page 2 of 2
Ability to provide 24/7 managed detection and response
Integration with existing IT and cloud infrastructure
Long-term cost of ownership
Industry reputation and analyst rankings
References among Texas municipalities
Redacted was selected based on its:
Unified platform approach and simplified licensing structure
Native integrations across threat intelligence, cloud security, SIEM/SOAR, and EDR
Strong analyst reviews and excellent municipal references, including REDACTED
Competitive total cost of ownership
The Town had previously budgeted $70,000 annually for its SIEM platform and the managed
services company which maintained, updated, and customized it. The new, expanded, fully
managed security platform, including all the new features in addition to SIEM, will cost an
additional $22,465.
The procurement qualifies as a cooperative purchase under the terms the Texas DIR-CPO-5241
contract and meets all competitive purchasing and legal requirements.
Budget Impact:
The annual recurring cost for the platform is $92,465 and will be charged to 56650 (Cyber
Security).
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the legal terms specified on the
quote as to form and legality.
Town Staff Recommendation:
Town Staff recommend authorizing the Town Manager to approve the purchase of a Managed
Security Service Provider platform, through SHI Public Sector in the amount of $92,465.
Proposed Motion:
I move to authorize the Town Manager to approve the purchase of a Managed Security Service
Provider platform, through SHI Public Sector in the amount of $92,465.
Page 23
Item 6.
Page 1 of 1
To: Mayor and Town Council
From: Leigh Johnson, Director of Information Technology
Through: Mario Canizares, Town Manager
Bob Scott, Deputy Town Manager
Re: Annual Virtual Service Cluster License Renewal
Town Council Meeting – October 28, 2025
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon authorizing the Town Manager to approve the purchase of the annual
license renewal of the Town's virtual server cluster platform, through SHI Public Sector in the
amount of $60,348.16.
Description of Agenda Item:
In November 2024, the Town Council approved the purchase of the Town’s current virtual server
platform. The hardware licensing, software licensing, and support require annual renewals for
continued operation of the platform.
Budget Impact:
The Town Hall cluster renewal cost is $31,944.96, and the Police Department cluster renewal cost
is $28,403.20, for a total annual renewal cost of $60,348.16.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has previously approved the license agreements
as to form and legality.
Town Staff Recommendation:
Town Staff recommend authorizing the Town Manager to approve the purchase of the annual
license renewal of the Town's virtual server cluster platform, through SHI Public Sector in the
amount of $60,348.16.
Proposed Motion:
I move to authorize the Town Manager to approve the purchase of the annual license renewal of
the Town's virtual server cluster platform, through SHI Public Sector in the amount of $60,348.16.
INFORMATION
TECHNOLOGY
Page 24
Item 7.
Page 1 of 2
To: Mayor and Town Council
From: Stuart Blasingame, Fire Chief
Through: Mario Canizares, Town Manager
Re: USDD Fire Station Alerting System Station 4
Town Council Meeting – October 28, 2025
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon approving the purchase of Fire Station Emergency Station Alerting
equipment from US Digital Designs for the new Fire Station 4, through the Houston-Galveston
Area Council (HGAC) Cooperative Purchasing Program Contract#EC07-23 in the amount of
$94,316.70.
Description of Agenda Item:
This purchase is for a fire station alerting system from US Digital Designs at the new Fire Station
No. 4. This purchase includes all equipment and peripherals. It also includes the standard 1st year
warranty & support.
Budget Impact:
The total expenditure for the US Digital Designs Station Alerting equipment is $94,316.70 which
includes delivery and the standard 1st year warranty & support. This equipment is budgeted in
FF&E for Fire Station No. 4 and will be funded from account No. 20010762-61900-FC202206.
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. US Digital Designs Quote
2. Town Attorney Approval
Town Staff Recommendation:
Town Staff recommends approving the purchase of Fire Station Emergency Station Alerting
equipment from US Digital Designs for the new Fire Station 4, through the Houston-Galveston
Area Council (HGAC) Cooperative Purchasing Program Contract#EC07-23 in the amount of
$94,316.70.
FIRE DEPARTMENT
Page 25
Item 8.
Page 2 of 2
Proposed Motion:
I move to approve the purchase of Fire Station Emergency Station Alerting equipment from US
Digital Designs for the new Fire Station 4, through the Houston-Galveston Area Council (HGAC)
Cooperative Purchasing Program Contract#EC07-23 in the amount of $94,316.70.
Page 26
Item 8.
Quotation to:
Town of Prosper, TX
Prosper Fire Department
Project:
G2 Fire Station Alerting System
One (1) Station System - FS04
Proposal number:
TX_PROS002
Revision #
5
Quote Date:
20-Oct-2025
Quote Expires:
18-Jan-2026
By:
Ed Hadfield (dmg)
Territory Manager II
US Digital Designs, Inc.
1150 W Grove Pkwy St #110
Tempe, AZ 85283
(682)-393-5624
Edward.Hadfield@honeywell.com
stationalerting.com
Installation by:
Installation Estimated
This proposal is subject to corrections due to errors or omissions
HGACBuy and USDD entered into a Cooperative Purchase Agreement for 9-1-1-Equipment &
Emergency Notification Software and Services - Contract #EC07-23 on or about August 14, 2023,
(the 'Purchase Agreement') which allows H-GAC members to purchase USDD 'Products' and
'Services' (as defined below), which agreement is made available by its terms for use by End User.
PROPRIETARY and CONFIDENTIAL TITLE Page 1 of 9Page 27
Item 8.
US DIGITAL DESIGNS QUOTE
1150 W Grove Pkwy St #110
Tempe, Arizona 85283
877-551-8733 tel 480-290-7892 fax DATE:10/20/2025
Expires:1/18/2026
Quote SUBMITTED TO:
Town of Prosper, TX
Prosper Fire Department
REF PROPOSAL
STATION-LEVEL
Unit Mfr Qty Part No.Description US List Unit QUOTE UNIT QUOTE EXT
Ea USDD 1 G2-VA G2 VOICEALERT - Single Station License. $ 1,433.25 $ 1,289.93 $ 1,289.93
Ea/Yr USDD 24 G2-APP-DLA
G2 MOBILE FSAS APP - Single Device License.
Up to 24 Licenses-Per-ATX are offered at $0.00
cost each as long as system is currently under
warranty or elected recurring annual support
coverage.
$ 15.00 $ 13.50 No Charge
Unit Mfr Qty Part No.Description US List Unit QUOTE UNIT QUOTE EXT
Kit USDD 1 ATX
G2 ATX STATION CONTROLLER -
Power/Signal/Control up to 8 peripheral Remote
Options. 4 Unique Amps/Zones available. $ 23,272.50 $ 20,945.25 $ 20,945.25
Kit USDD 1 ATX-EXP
G2 EXPANSION KIT - Allows ability to
Power/Signal/Control up to 12 more peripheral
Remote options per EXP.
$ 7,838.00 $ 7,054.20 $ 7,054.20
Ea TBD 2 UPS-STD ATX UPS, Standard $ 1,017.64 $ 915.88 $ 1,831.76
Ea TBD 2 UPS-WMB Shelf/Bracket, Wall-Mount for UPS $ 77.25 $ 69.53 $ 139.06
Unit Mfr Qty Part No.Description US List Unit QUOTE UNIT QUOTE EXT
Ea USDD 1 PB-B Push Button, Standard (Black) $ 126.50 $ 113.85 $ 113.85
Ea USDD 2 PB-R Push Button, Emergency (Red) $ 126.50 $ 113.85 $ 227.70
Ea USDD 2 MR-2 G2 MESSAGE REMOTE 2 Module $ 1,753.75 $ 1,578.38 $ 3,156.76
Ea USDD 13 MS-G-S G2 MESSAGE SIGN (Digital LED) STANDARD
GammaSign / 24" Active Screen Width $ 1,575.00 $ 1,417.50 $ 18,427.50
Ea USDD 5 MS-AP-D
MS-G Adapter Plate, DOUBLE, VESA 100, joins (2) MS-
G -S(or-E) to any standard mount with VESA 100 hole patterns
(mount not included)
$ 75.00 $ 67.50 $ 337.50
Ea TBD 5 MS-MNT MS Mount - Articulating, Long reach $ 390.00 $ 351.00 $ 1,755.00
Ea USDD 8 RR-2 G2 ROOM REMOTE 2 Module $ 2,275.35 $ 2,047.82 $ 16,382.56
Ea USDD 30 SPK-LED-FM G2 SPEAKER - LED Illuminated - FLUSH Mount,
70v $ 374.00 $ 336.60 $ 10,098.00
Ea USDD 2 SPK-LED-SM G2 SPEAKER - LED Illuminated - SURFACE
Mount (Metal Box), 70v $ 374.00 $ 336.60 $ 673.20
Ea USDD 2 SPK-OAS
G2 SPEAKER - OmniAlertStrobe -
Omnidirectional Alerting Speaker, optimized for high
Vocal Intelligibility in large open indoor areas and
with High-Intensity LED Strobe Light
$ 1,575.00 $ 1,417.50 $ 2,835.00
Ea USDD 1 SPK-W-SM SPEAKER - APP BAY/OUTDOOR - Weatherized,
Surface Mount, 70v $ 373.75 $ 336.38 $ 336.38
Ea USDD 3 STR-2 G2 Strobe Light / Red LED $ 661.50 $ 595.35 $ 1,786.05
TX_PROS002 v5
STATION 04
STATION SYSTEM LICENSES
STATION SYSTEM CONTROLLER
STATION SYSTEM PERIPHERAL COMPONENTS
Based from USDD G2 Fire Station Alerting System Design Drawing #USDD.TX_PROS.FS4.FSA.2025.07.14
PROPRIETARY and CONFIDENTIAL FS04 Page 2 of 9Page 28
Item 8.
Unit Mfr Qty Part No.Description US List Unit QUOTE UNIT QUOTE EXT
Ea USDD 0 ST-INST
Station Installation (Estimate Only - Pending final
authorized system design submission to G2
Trained/Certified Contractor for installation quote to
include in final turnkey project pricing)
$ - $ - $ -
Ea USDD 1 ST-SU Station Configuration & Commissioning $ 3,055.56 $ 2,750.00 $ 2,750.00
Ea USDD 1 ST-PM Station Project Management $ 1,666.67 $ 1,500.00 $ 1,500.00
Ea USDD 1 ST-ES Station Engineering / Design Services $ 833.33 $ 750.00 $ 750.00
Unit Mfr Qty Part No.Description US List Unit QUOTE UNIT QUOTE EXT
YR USDD 1.0 RS-1YR-STD
[STANDARD] 1st YEAR WARRANTY & SUPPORT
- INCLUDED WITH INITIAL PURCHASE.
Technical phone support Monday through Friday
from 08:00 to 17:30 MST, excluding USDD holidays;
Remote access support Monday through Friday
from 08:00 to 17:30 MST, excluding USDD holidays;
$ 9,709.97 $ 8,738.97 no charge
87,389.70$
92,389.70$
1,927.00$
-$
-$
94,316.70$
04 - Installation warranted by installation contractor - G2 FSAS warranted, serviced and supported by USDD.
05 - Unless specifically detailed in this proposal, installation to be performed during normal working hours.
06 - Unless specifically detailed in this proposal, no permit fees or material charges have been included.
07 - Unless specifically detailed in this proposal, no removal or remediation has been assumed or included.
08 - Unless specifically detailed in this proposal, no bonds of any type (performance, bid) have been assumed,included or budgeted for in this proposal.
Station System Installation Notes:
01 - Unless specifically detailed in this proposal, no installation by USDD or it's subcontractors is assumed or provided.
02 - Because these are mission-critical systems, USDD can only warrant and support systems installed by G2 Trained and Certified Contractors.
03 - USDD can source, qualify, train and certify Local Licensed Regional Subcontrators where needed.
STATION 04
Customer must elect to choose any coverage they require beyond initial warranty period, or USDD will not be authorized to provide any service or support.
Mobile Smart Phone Alerting App and Mapping Services only available to customer while under warranty or elected recurring annual support. Support
Agreements subject to change if system design is modified. For additional details, please review current USDD Warranty Statement and Service Agreement.
USDD cannot warrant nor support any system configuration that deviates from this specific proposal's documented station system design file number. USDD
cannot warrant nor support any system not using USDD-approved UPS Battery Backup. USDD cannot warrant nor support any system not installed by G2
Trained & Certified Installation technician (installer). If customer intends to tie this system into any 3rd-party system or devices, USDD will be unable to warrant or
support the sytem until we've had a chance to review documented engineering assumptions and approve system integrity, performance and reliability
expectations.
For FSAaaS Program: The cost of service and support beyond initial warranty period is included in the FSASaaS Program for a total of 5 years. The service and
support includes Mobile Smart Phone Alerting App and Mapping Services. Please see the FSASaaS Subscription Agreement for more information concerning
the service and support provided by USDD. USDD cannot warrant nor support any system not using USDD-approved UPS Battery Backup. USDD cannnot
warrant nor support any system not installed by G2 Trained & Certified Installation technician (installer). If customer intends to tie this system into any 3rd-party
system or devices, USDD will be unable to warrant or support the sytem until we've had a chance to review documented engineering assumptions and approve
system integrity, performance and reliability expectations.
Warranty & Support Notes:
This quote does not include or assume any amounts for sales or use tax. Customer needs to contact its procurement department to determine if sales or use tax is
payable, and if so, to make the determination of the amount to be paid. Per our contracts, Customer is responsible for the payment of any sales or use taxes owed from
any purchase from USDD.
15 - Any misuse, unauthorized modification, improper installation, excessive shock, attempted repair, accident, or improper or negligent use, storage,
transportation, or handling by any party other than USDD shall render this limited warranty null, void and of no further effect
09 - USDD FSAS Equipment to be made available by owner to Installation Contractor prior to on-site arrival.
10 - Structural backing for system devices and other millwork (not specifically detailed) by others.
11 - If applicable, Gas Control Shutoff Valve Addendum (to USDD and installation contractor) must be signed prior to installation. (USDD does not provide any
equipment for Gas Shutoff Control.)
12 - All electrical power, including (but not limited to) raceway,conduit, backboxes, service panels, high-voltage wiring and fixtures by others.
13 - All communications pathway infrastructure (network, radio, etc.) by others unless specifically detailed in this proposal.
14 - USDD cannot warrant nor support any owner-furbished (3rd-Party) system or component we are required to integrate with. USDD cannot warrant nor
support any system or component it has not proofed engineering for and has not specifically authorized for use within public safety environments.
Shipping:
System:
Equipment Only:
STATION SUBTOTAL:
STATION SYSTEM WARRANTY & OPTIONAL RECURRING ANNUAL SUPPORT
Warranty & Support:
Estimated Tax:
STATION SYSTEM SERVICES
PROPRIETARY and CONFIDENTIAL FS04 Page 3 of 9Page 29
Item 8.
US DIGITAL DESIGNS QUOTE
1150 W Grove Pkwy St #110
Tempe, Arizona 85283
877-551-8733 tel 480-290-7892 fax DATE:10/20/2025
Expires:1/18/2026
Quote SUBMITTED TO:
Town of Prosper, TX
Prosper Fire Department
REF PROPOSAL
94,316.70
94,316.70
-
-
Notes:
94,316.70$
One (1) Station System currently included in this proposal with installation estimated.
Estimate Only - Pending final authorized system design submission to G2
Trained/Certified Contractor for installation quote to include in final turnkey project
pricing.
Section Totals
STATION-LEVEL SUBTOTAL
TX_PROS002 v5
SECTION TOTALS
[UNLESS OTHERWISE NOTED, ALL PRICES ARE $US]
STATION 04 ESTIMATED TAX:
STATION 04 SYSTEM:Includes:
STATION 04 WARRANTY & SUPPORT:
Dispatch or station level training is not included in this proposal. Contact your Regional
Territory Manager to schedule additional training if needed
(TBD By Customer) Customer must elect to choose any coverage they require beyond initial warranty period, or USDD
will not be authorized to provide any service or support. Mobile Smart Phone Alerting App and Mapping Services only
available to customer while under warranty or elected recurring annual support. Support Agreements subject to change if
system design is modified. For additional details, please review current USDD Warranty Statement and Service Agreement
US Digital Designs System Total:
This quote does not include or assume any amounts for sales or use tax. Customer needs to
contact its procurement department to determine if sales or use tax is payable, and if so, to make the
determination of the amount to be paid. Per our contracts, Customer is responsible for the payment
of any sales or use taxes owed from any purchase from USDD.
PROPRIETARY and CONFIDENTIAL SECTION TOTALS Page 4 of 9Page 30
Item 8.
TERMS AND CONDITIONS OF USDD PRODUCT SALES
These U.S.Digital Designs,Inc.terms and conditions of sale (“Terms and Conditions”)are effective March 1,2022 (the “Terms and
Conditions Effective Date”),and supersede all prior versions covering the sale of products and related services (collectively,“Products”,as
defined more specifically below)by U.S.Digital Designs,Inc.(“USDD”).References to “Customer”,“you”,or “your”all pertain to the
purchaser of Products.These Terms and Conditions,together with any separate agreement you may have with USDD that specifically
references these Terms and Conditions (collectively,the “Agreement”)set forth the entire agreement between the parties relating to your
purchase of USDD Products. The Agreement may only be modified by an authorized representative of each party in a signed writing.
1.ORDERS.Orders (including any revised and follow-on orders)(each,an “Order”)for USDD Products are non-cancelable,except as expressly
set forth herein,and will be governed by the terms of the Agreement.All Orders are subject to acceptance by USDD and shall include the
following information:purchase order number;customer’s legal name and billing address;Customer’s shipping address;and a list of the
Products and quantities for each different type of Product Customer wishes to order.USDD’s acknowledgment of its receipt of an Order shall not
constitute acceptance of such Order.An Order is deemed to be accepted upon the earlier of (i)USDD’s written acceptance or (ii)shipment of
the Products specified in the Order.
Any conflicting,additional,and/or different terms or conditions on Customer’s Order or any other similar instrument are deemed to be material
alterations and are rejected and not binding upon USDD.USDD’s acceptance of Customer’s Order is expressly conditioned upon Customer’s
assent to the terms and conditions contained herein in their entirety.Customer’s acceptance of delivery from USDD constitutes Customer’s
acceptance of these terms and conditions in their entirety.
2.REMITTANCES.All invoices shall be due and payable upon receipt in United States currency,free of exchange or any other charges,or as
otherwise agreed in writing by USDD.
3.QUOTE PRICING.This proposal expires 30 days after its date.Prices are subject to correction for error.Prices,terms,conditions,and Product
or Service specifications are subject to change without notice.Pricing is subject to immediate change upon announcement of Product
discontinuance.
4.PAYMENT.
4.1.Invoicing &Payment.USDD reserves the right to invoice Customer monthly for all materials delivered.Invoices are due thirty (30)days from
the date of the invoice,unless prepayment is required in the quote.If the Customer becomes overdue in any progress payment,USDD shall be
entitled to suspend further shipments,shall be entitled to interest at the annual rate of 18%,or the maximum amount allowed by law,and shall
also be entitled to avail itself of any other legal or equitable remedies.Customer agrees that it will pay and/or reimburse USDD for any and all
reasonable attorneys’ fees and costs which are incurred by USDD in the collection of amounts due and payable hereunder.
4.2.Payment Disputes.Any disputes must be provided to USDD as soon as possible and must be accompanied by detailed supporting
information.Disputes as to invoices are deemed waived fifteen (15)days following the invoice date.In the event that any portion of an invoice is
undisputed, such undisputed amount must be paid by no later than the invoice due date.
4.3.No Set Off.Neither Customer nor any related entities (or representatives or agents thereof)shall attempt to set off or recoup any invoiced
amounts or any portion thereof against other amounts that are due or may become due from USDD,its parent,affiliates,subsidiaries or other
legal entities, business divisions, or units.
4.4.Credit Card Payments.All USDD quotes are developed for the Customer with the understanding the eventualany purchase of the Products
listed thereon willwould be facilitated usingsubject to USDD’s standard Purchase Order and Invoice process.If Ccustomer would rather seek to
use a Credit Card for purchase, then said order would be subject to a 4% credit card surcharge.
5.SURCHARGES.
5.1.In addition to any Product repricing under Section 8.2,USDD may,from time-to-time and in its sole discretion,issue surcharges on new and
existing Orders in order to mitigate and/or recover increased operating costs arising out of or related to,without limitation:(a)foreign currency
exchange variation,(b)increased cost of third-party content,labor and materials,(c)impact of government tariffs or other actions,and (d)any
conditions that increase USDD’s costs,including without limitation increased labor,freight,material or supply costs,or increased costs due to
inflation (collectively, “Surcharges”). Such Surcharges will not be considered a “price increase” as contemplated hereunder and will be effective
upon notice to Customer.For avoidance of doubt,Orders placed prior to the Terms and Conditions Effective Date which have not been
delivered,including those on backlog or which requested delivery more than twelve (12)months from the date of Order,are subject to
Surcharges.
5.2.USDD will invoice Customer,and Buyer agrees to pay for any Surcharges pursuant to the standard payment terms in these Terms and
Conditions.If a dispute arises with respect to Surcharges and that dispute remains open for more than fifteen (15)days,USDD may,in its sole
discretion,withhold performance or future shipments,or combine any other rights and remedies under this Agreement or permitted by law,until
the dispute is resolved.The terms of this Section shall prevail in the event of inconsistency with any other terms in these Terms and Conditions.
Any Surcharges,as well as the timing,effectiveness,and method of determination thereof,will be separate from and in addition to any changes
to pricing that are affected by any other provisions in these Terms and Conditions.
6.CANCELLATION AND SUSPENSION. Any Order resulting from this proposal is subject to cancellation or instructions to suspend work by the
Customer only upon agreement to pay USDD for all work in progress, all inventoried or ordered project parts and materials, and all other costs
incurred by USDD related to the Order.
PROPRIETARY and CONFIDENTIAL STANDARD Ts&Cs Page 5 of 9Page 31
Item 8.
7.TAXES. USDD’s pricing excludes all taxes (including but not limited to sales, use, excise, value-added, and other similar taxes), tariffs and
duties (including, but not limited to, amounts imposed upon the Product(s) or bill of material thereof under any Trade Act, including, but not
limited to, the Trade Expansion Act, section 232 and the Trade Act of 1974, section 301) and charges (collectively “Taxes”). All Taxes of any
kind levied by any federal, state, municipal or other governmental authority, which tax USDD is required to collect or pay with respect to the
production, sale, or delivery of products sold to Customer, shall be the responsibility of and be invoiced to Customer, unless, at the time of Order
placement, Customer furnishes USDD with a valid exemption certificate or other documentation sufficient to verify exemption from Taxes,
including, but not limited to, a direct pay permit. Customer agrees to pay all such Taxes and further agrees to reimburse USDD for any such
payments made by USDD.
8.SHIPPING/DELIVERY/RISK OF LOSS.
8.1.Delivery Liability. Delivery and shipment dates for Products are estimates only. Deliveries may be made in partial shipments. USDD and its
affiliated entities are not liable, either directly or indirectly, for delays of carriers or delays in connection with any Force Majeure Event (as
defined in Section 17 below), and the estimated delivery date shall be extended accordingly.
8.2.Future Delivery and Repricing. USDD will schedule delivery in accordance with its standard lead times unless the Order states a later delivery
date or the parties otherwise agree in writing. USDD will accept Orders with a future ship date of up to eighteen (18) months from the date of the
entry of the Order. Customer agrees that in the event an Order is scheduled to be delivered more than six (6) months from the date of the entry
of the Order, USDD may, in its sole determination and at each six (6) month anniversary of the date of the entry of the Order, adjust the pricing
of the Order to conform to the then-current prices of the USDD Products included in the Order. USDD will include any repricing in its final
invoice related to the Order.
8.3.Storage Fees. If delivery takes place more than six (6) months from the date of the entry of the Order, Customer agrees to pay USDD a storage
fee (the “Storage Fee”), as set forth in the quote, for each month after six (6) months from the date of the entry of the Order Customer has not
taken delivery of the Products in the Order. USDD will separately invoice any storage fees owed under this Section at the end of each month for
which the storage fees are owed.
8.4.Title & Risk of Loss. Unless otherwise specifically detailed in this quote, delivery terms for Products (excluding software and services) are (i)
EX Works (EXW Incoterms 2020) USDD’s point of shipment (“USDD Dock”) for all shipments (except that USDD is responsible for obtaining any
export license), and (ii) F.O.B. USDD Dock for all domestic shipments. For shipments from a USDD Dock to a Buyer location within the same
country, the import/export provisions of the INCOTERMS do not apply. USDD shall be responsible for obtaining insurance on each shipment to
Customer for the full value of the shipment. Shipment shall be to a single point of delivery.
9.LIMITED WARRANTY. CUSTOMER’S EXCLUSIVE REMEDIES AND USDD’S SOLE LIABILITY AS TO ANY WARRANTY CLAIM ON ANY
PRODUCT SOLD IN CONNECTION WITH THIS QUOTE IS AS SET FORTH IN THIS SECTION. SUCH REMEDIES ARE IN LIEU OF ANY
OTHER LIABILITY OR OBLIGATION OF USDD, INCLUDING WITHOUT LIMITATION ANY LIABILITY OR OBLIGATION FOR DAMAGE,
LOSS, OR INJURY (WHETHER DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL) ARISING
OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF THE PRODUCTS. CREDIT, REPAIR OR
REPLACEMENT (AT USDD’S OPTION) IS THE SOLE REMEDY PROVIDED HEREUNDER. NO EXTENSION OF THIS WARRANTY WILL BE
BINDING UPON USDD UNLESS SET FORTH IN WRITING AND SIGNED BY A USDD AUTHORIZED REPRESENTATIVE.
9.1.Product Warranty Terms. Subject to the terms, conditions and limitations contained herein, and unless USDD has otherwise provided an
alternative written warranty (in which case the terms of such warranty will control), USDD warrants and guarantees its products will be free from
defects in workmanship and materials (collectively, “Defects”) for 12 months from the date of shipment to Customer (“Warranty Period”). This
limited warranty does not cover defects caused by normal wear and tear or maintenance.
9.2.Product Defects. If a Defect with a Product arises and a valid claim is made within the Warranty Period, Customer shall initiate the RMA
process as described below. Upon approval, USDD, at its option, will either (1) repair the Product defect at no charge, using new parts or parts
equivalent to new in performance and reliability or (2) exchange the Product with a Product that is new or equivalent to new in performance and
reliability and is at least functionally equivalent to the original Product. Any replacement Product or part, including a user-installable part that
has been installed in accordance with instructions provided by USDD, shall remain under warranty during the Warranty Period or for ninety (90)
days from the date of repair, whichever is longer. When a Product or part is exchanged, any replacement item becomes the Customer’s
property and the replaced item becomes the property of USDD. Parts provided by USDD in fulfillment of its warranty obligation must be used in
the same USDD Fire Station Alerting System for which the warranty claim is made.
9.3.Procedure for Warranty Claims.
9.3.1.Prior to making a Warranty claim,Customer is encouraged to review USDD’s online help resources.Thereafter,to make a valid claim
hereunder,Customer must contact USDD technical support and describe the problem or defect with specificity.The first such contact must
occur during the Warranty Period.USDD’s technical support contact information can be found on USDD’s web site at
http://stationalerting.com/home/about-usdd/contact-usdd/.Customer must use its best efforts to assist in diagnosing defects,follow USDD’s
technical instructions, and fully cooperate in the diagnostic process. Failure to do so shall relieve USDD of any further obligation hereunder.
9.3.2.Customer shall be responsible for appropriately packing and shipping Products,to USDD for repair,and shall bear all risks and costs
associated withof,shipping any Product to USDD for repairthe same.USDD shall be responsible for,and bear all risks and costs of,returning
any Product to Customer after repair or replacement,but Customer will be responsible for paying any customs or import duties payable upon
receipt of any repaired or replacement Products.A replacement Product will be returned to Customer configured as it was when the Product
was originally purchased, subject to applicable updates.
PROPRIETARY and CONFIDENTIAL STANDARD Ts&Cs Page 6 of 9Page 32
Item 8.
9.4.Return Material Authorization Process.If a Customer makes a warranty claim for a Product during the Warranty Period,the Customer shall
provide USDD with the Product model and serial number and failure information to initiate the RMA process.Upon USDD’s issuance of the
RMA,USDD will send the replacement Product,shipped postage paid ground shipping,to the address provided by Customer.RMA requests
approved between 12:00 a.m.and 2:00 p.m.Mountain Standard Time are shipped on the same business day.After 2:00 p.m.Mountain
Standard Time, the replacement Product is shipped on the next business day. All RMA requests are processed on the business day on which the
request was received,excluding holidays.Included with the shipped package will be return shipment instructions and a pre-paid return shipping
label for the Product that the Customer is returning.The original Product must be returned in the shipping box provided by USDD.No goods will
be accepted for exchange or return without a pre-approved RMA number or which have not been properly packaged in USDD’s shipping box to
ensure that goods are not damaged due to improper packing and the shipping process.The original Product must be shipped back within 10
days of receiving the replacement.Failure to return the original Product,or failure to return in an appropriate manner,will cause Customer to
incur a replacement charge equal to full market value of the replacement Product.
9.5.No Fault Found.USDD reserves the right to charge 50%of the standard repair price if the returned Product is found to have no defect covered
by the Warranty.Customer understands that this fee is intended to discourage return of Products prior to proper troubleshooting or return
because the product is “old.”Product returns will not be allowed if,upon examination of the returned Product,it is determined that the Product
was subjected to accident,misuse,neglect,alteration,improper installation,unauthorized repair,improper testing,or poor packaging upon
return. In such event, USDD shall invoice Customer for the full market value of the replacement Product.
9.6.WARRANTY EXCLUSIONS & DISCLAIMERS.
9.6.1.USDD does not warrant that the operation of its Products or any related peripherals will be uninterrupted or error-free.USDD further does
not warrant nor support any system configuration that deviates from this specific quote’s documented station system design file number.
9.6.2.USDD does not warrant or support any system not installed by G2 Trained &Certified Installation technician (installer).If Customer
intends to tie this system into any 3rd-party system or devices,USDD will be unable to warrant or support the Products unless USDD has had a
chance to review documented engineering assumptions and approve system integrity, performance, and reliability expectations.
9.6.3.USDD is not responsible for damage arising from Customer’s failure to follow instructions relating to the use of the Products.This
Warranty does not apply to any Products, including the hardware or software, not used for its intended purpose.
9.6.4.USDD cannot warrant nor support any system not using USDD-approved Uninteruptable Power Supply Battery Backup.This Warranty
does not apply to monitors or televisions manufactured by third parties.Repair or replacement of such components shall be subject exclusively
to the manufacturer’s warranty,if any.Recovery and reinstallation of hardware and user data (including passwords)are not covered under this
Warranty.
9.6.5.This Warranty does not apply:(a)to consumable parts,such as batteries,unless damage has occurred due to a defect in materials or
workmanship;(b)to cosmetic damage,including but not limited to scratches,dents and broken plastic on ports;(c)to damage caused by use
with non-USDD products;(d)to damage caused by accident,abuse,misuse,flood,lightning,fire,earthquake or other external causes;(e)to
damage caused by operating the Product outside the permitted or intended uses described by USDD;(f)to damage or failure caused by
installation or service (including upgrades and expansions)performed by anyone who is not a representative of USDD or a USDD authorized
installer or service provider;(g)to a Product or part that has been modified to alter functionality or capability without the written permission of
USDD;(h)to Software (as defined below);(i)to any other damage caused by an event or action outside of USDD’s control,including,without
limitation,Customer’s failure to apply required or recommended updatres or patches to any Software or Product;or (h)if any serial number has
been removed or defaced.
10.LIMITATIONS OF LIABILITY.TO THE EXTENT PERMITTED BY LAW,THE LIMITED WARRANTY IN SECTION 9 OF THESE TERMS AND
CONDITIONS AND ANY OTHER REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES,
REMEDIES AND CONDITIONS,WHETHER ORAL OR WRITTEN,STATUTORY,EXPRESS OR IMPLIED.AS PERMITTED BY APPLICABLE
LAW,USDD SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES,INCLUDING,WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT
DEFECTS.If USDD cannot lawfully disclaim statutory or implied warranties,then to the extent permitted by law,all such warranties shall be
limited in duration to the duration of this express Warranty and to repair or replacement service as determined by USDD in its sole discretion.
No reseller,agent,or employee is authorized to make any modification,extension,or addition to this Warranty.If any term is held to be illegal
or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
EXCEPT AS PROVIDED IN THE LIMITED WARRANTY IN SECTION 9 OF THESE TERMS AND CONDITIONS,AND TO THE EXTENT
PERMITTED BY LAW,USDD IS NOT RESPONSIBLE FOR DIRECT,SPECIAL,INCIDENTAL,PUNITIVE,OR CONSEQUENTIAL DAMAGES
RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION,OR UNDER ANY OTHER LEGAL THEORY,INCLUDING BUT NOT
LIMITED TO LOSS OF USE;LOSS OF REVENUE;LOSS OF THE USE OF MONEY;LOSS OF ANTICIPATED SAVINGS;LOSS OF
GOODWILL;LOSS OF REPUTATION;AND LOSS OF,DAMAGE TO OR CORRUPTION OF DATA.USDD IS NOT RESPONSIBLE FOR ANY
INDIRECT LOSS OR DAMAGE HOWSOEVER CAUSED,INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY,ANY
COSTS OF RECOVERING PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH USDD PRODUCTS,
AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT.
ALL PRODUCT CLAIMS ARE LIMITED TO THOSE EXCLUSIVE REMEDIES SET FORTH IN THE LIMITED WARRANTY IN SECTION 9 OF
THESE TERMS AND CONDITIONS.USDD’S AGGREGATE LIABILITY IN CONNECTION WITH THEREWITH SHALL NOT EXCEED THE
PURCHASE PRICE OF THE PRODUCTS PAID BY CUSTOMER TO USDD FOR THE PRODUCTS GIVING RISE TO THE CLAIM.
CUSTOMER SHALL NOT BRING A LEGAL OR EQUITABLE ACTION AGAINST USDD MORE THAN ONE YEAR AFTER THE FIRST EVENT
GIVING RISE TO A CAUSE OF ACTION,UNLESS A SHORTER LIMITATIONS PERIOD IS PROVIDED BY APPLICABLE LAW.USDD
disclaims any representation that it will be able to repair any Hardware under this Warranty or make a product exchange without risk to or loss of
the programs or data stored thereon.
PROPRIETARY and CONFIDENTIAL STANDARD Ts&Cs Page 7 of 9Page 33
Item 8.
11.SERVICE AGREEMENT.The Product being purchased hereunder is not subject to any post-Warranty service agreement or maintenance
program unless specifically contracted for between USDD and Customer.USDD offers a comprehensive post-Warranty Service Agreement at
additional cost. Customer should contact USDD regarding its Service Agreement and costs associated therewith.
12.SOFTWARE PRODUCTS.All software Products delivered by USDD to Customer or for which USDD provides access,including,without
limitation,USDD’s mobile application software and Products with embedded software or firmware (collectively,“Software”)are not sold and are
licensed.At all times that Customer is in compliance with the terms of these Terms and Conditions and any other agreement between the
parties,Customer shall have a non-exclusive,non-transferable,fully paid license to use the Software,but only in conjunction with the Products
provided by USDD and Customer’s fire station alerting system (the “License”).The terms of such Software License may be set forth in a
separate software license agreement or end user license agreement provided by USDD with such Software.In no event shall Customer have
any right to (or authorize or allow any third party to)distribute,sell,lend,rent,transfer,or convey the Software;grant any sublicense,lease,or
other rights in the Software;decompile,disassemble,reverse engineer,or otherwise attempt to reconstruct,identify,or discover any source
code,underlying user interface architecture or techniques,or algorithms of the Software by any means;or take any action that would cause the
Software or any portion of it to be placed in the public domain.In the event of a conflict between the terms of any Software license terms
provided upon download or purchase a purchase and these Terms and Conditions,the relevant Software license terms shall control solely with
respect to such Software.
13.INTELLECTUAL PROPERTY:Customer hereby agrees and acknowledges that USDD owns all rights,title,and interest in and to the
Intellectual Property (as defined below).Customer agrees to not remove,obscure,or alter USDD’s or any third party's copyright notice,
trademarks,or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through USDD’s Product (as
defined below).Nothing herein shall be deemed to give,transfer,or convey to Customer any rights in the Intellectual Property other than the
License,as set forth above.For purposes of this Section,“Intellectual Property"means any and all rights of USDD related to USDD’s Products
existing from time to time under patent law,copyright law,trade secret law,trademark law,unfair competition law,and any and all other
proprietary rights,and any and all derivative works,work product,applications,renewals,extensions and restorations thereof,now or hereafter
in force and effective worldwide.
14.REMOTE ACCESS TO THE SYSTEM.
14.1.Remote Access.USDD requires remote network access to the Customer’s Products through Secure Shell (SSH)to perform implementation
and support tasks under this Agreement.To enable remote network access,the Customer will provide USDD support personnel VPN or similar
remote network access to the Products for USDD support personnel (“Customer Support”)to effectively troubleshoot critical or complex
problems and to expedite resolution of such issues.Remote network access is also used to install core software upgrades and customized
software.USDD will only access Customer’s Products with the knowledge and consent of Customer.USDD will not access any other systems
or data.
14.2.Alternative to Network Access.If the Customer elects not to provide remote network access to the Products,then USDD may not be able to
perform some support functions.Customers that elect not to routinely provide network access may temporarily reinstate this access to allow
USDD to perform the above services.The following services will not be performed without this access:Product software upgrades;Product
software customization;Network troubleshooting assistance including packet capture and network monitoring on USDD devices;Detailed log
analysis; Bulk updates to certain Product database tables; Troubleshooting that requires low-level system access or large file transfer.
14.3.Timely Access.Customers much ensure that remote access is available prior to notifying USDD of a support request.In the event that the
Customer is unable to provide remote access,USDD will not be required to provide support outside those tasks that do not require remote
access, and any corresponding resolution response times will not apply.
14.4.Physical Security Tokens.USDD has multiple software engineers that provide after-hours support and these engineers do not typically take
security tokens from the USDD office. If the customer requires the use of physical security tokens, this may delay after hours service.
15.GOVERNING LAW.This proposal and any contract or agreement resulting therefrom will be governed by and construed according to the laws
of the State of Arizona without regard to its conflicts of law principles.
16.DISPUTE RESOLUTION/ARBITRATION.Before either USDD or Customer initiate any dispute resolution process related to the Agreement,
they must schedule a mandatory executive resolution conference to be held within thirty (30)days of receipt of the other party’s written request.
The conference must be attended by at least one executive from each party.At the conference,each party will present its view of the dispute in
detail and the executives will enter into good faith negotiations in an attempt to resolve the dispute.If the dispute is not resolved within fifteen
(15)days of the end of the conference or if one party refuses to attend the executive resolution conference,then USDD and Customer further
agree that any remaining dispute between them arising out of or relating to this Agreement will be settled by arbitration administered by the
American Arbitration Association under its Commercial Arbitration Rules,to the extent such rules are not inconsistent with this Section,in the
AAA’s Phoenix regional office by a single,neutral arbitrator.Discovery may be conducted either upon mutual consent of the parties or by order
of the arbitrator upon good cause being shown.In ruling on motions pertaining to discovery,the arbitrator shall consider that the purpose of
arbitration is to provide for the efficient and inexpensive resolution of disputes,and the arbitrator shall limit discovery whenever appropriate to
ensure that this purpose is preserved.The arbitrator shall permit dispositive motions and issue a written decision sufficient to explain the
essential findings and conclusions and may award damages.Any award rendered by the arbitrator will be final and binding upon USDD and
Customer,and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.USDD and Customer
expressly and irrevocably consent to the jurisdiction of the Maricopa County Superior Court of Arizona for such purpose.In the event a dispute is
submitted to arbitration pursuant to this Section,the prevailing party shall be entitled to the payment of its reasonable attorneys’fees and costs,
as determined by the arbitrator.Each of the parties shall keep all disputes and arbitration proceedings strictly confidential,except for
disclosures of information required by applicable law or regulation.
PROPRIETARY and CONFIDENTIAL STANDARD Ts&Cs Page 8 of 9Page 34
Item 8.
17.FORCE MAJEURE.Except for Customer’s duty to pay sums due hereunder,neither party will be liable to the other for any failure to meet its
obligations due to any Force Majeure Event.As used herein,a “Force Majeure Event”is one that is beyond the reasonable control of the non-
performing party and may include,but is not limited to:(a)delays or refusals to grant an export license or the suspension or revocation thereof,
(b)embargoes,blockages,seizure or freeze of assets,or any other acts of any government that would limit a party’s ability to perform the
Contract,(c)fires,earthquakes,floods,tropical storms,hurricanes,tornadoes,severe weather conditions,or any other acts of God,(d)
quarantines,pandemics,or regional medical crises,(e)labor strikes,lockouts,or pandemic worker shortages,(f)riots,strife,insurrection,civil
disobedience,landowner disturbances,armed conflict,terrorism or war,declared or not (or impending threat of any of the foregoing,if such
threat might reasonably be expected to cause injury to people or property),and (g)shortages or inability to obtain materials or components.The
party unable to fulfill its obligations due to Force Majeure will promptly (i)Notify the other in writing of the reasons for its failure to fulfill its
obligations and the effect of such failure; and (ii) Use all reasonable efforts to avoid or remove the cause and perform its obligations.
If a Force Majeure Event results in a delay, then the date of performance will be extended by the period of time that the non-performing party is
actually delayed or for any other period as the parties may agree in writing. In the event that a Force Majeure Event is ongoing for a period of
time which is sixty (60) days or longer, USDD may provide notice to Customer that it is cancelling its Order.
18.ACCEPTANCE OF TERMS.This proposal shall become a binding contract between the Customer and USDD when accepted in writing by the
Customer.Without limiting the foregoing,issuance by Customer of a purchase order to USDD for any of the goods or services herein described
shall constitute acceptance.Any such acceptance shall be with the mutual understanding that these Terms and Conditions of this proposal are a
part thereof with the same effect as though signed by both parties named herein and shall prevail over any inconsistent provision of said order.
No waiver,alteration,or modification of these terms and conditions shall be binding unless in writing and signed by an authorized representative
of USDD.
19.SEVERABILITY.In the event any provision or portion of a provision herein is determined to be illegal,invalid,or unenforceable,the validity and
enforceability of the remaining provisions shall not be affected and,in lieu of such provision,a provision as similar in terms as may be legal,
valid, and enforceable shall be added hereto.
20.WAIVER.The failure of either party to insist upon strict performance of any provision of these Terms and Conditions,or to exercise any right
provided for herein,shall not be deemed to be a waiver for the future of such provision or right,and no waiver of any provision or right shall
affect the right of the waiving party to enforce any provision or right herein.
21.NO JOINT VENTURE.The parties acknowledge that they are independent entities and nothing contained in these Terms and Conditions shall
be construed to constitute either party hereto as the partner,joint venturer,employee,agent,servant,franchisee,or other representative of the
other party hereto,and neither party has the right to bind or obligate the other,except as otherwise provided herein.Furthermore,nothing
contained in these Terms and Conditions shall be construed to constitute Customer as an exclusive purchaser of the Products in any respect.
THIS QUOTE SUBJECT TO REVIEW FOR ERRORS AND OMISSIONS.
PROPRIETARY and CONFIDENTIAL STANDARD Ts&Cs Page 9 of 9Page 35
Item 8.
Page 1 of 1
To: Mayor and Town Council
From: Stuart Blasingame, Fire Chief
Through: Mario Canizares, Town Manager
Re: Fire Station 4 Cascade SCBA Fill Station
Town Council Meeting – October 28, 2025
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon approving the purchase of one (1) Cascade SCBA Fill Station from August
Industries Inc., through the BuyBoard Purchasing Cooperative Contract 698-23 in the amount of
$58,132.05.
Description of Agenda Item:
This purchase is for a cascade SCBA Fill Station from August Industries to provide refilling SCBA
bottles at the new Fire Station No. 4.
Budget Impact:
The total expenditure for the Cascade SCBA Fill Station is $58,132.05 which includes delivery and
installation. This equipment is budgeted in FF&E for Fire Station No. 4 and will be funded from
account No. 20010762-61900-FC202206.
Attached Documents:
1. August Industries Quote
Town Staff Recommendation:
Town Staff recommend approving the purchase of one (1) Cascade SCBA Fill Station from August
Industries, Inc., through the BuyBoard Purchasing Cooperative Contract 698-23 in the amount of
$58,132.05.
Proposed Motion:
I move to approve the purchase of one (1) Cascade SCBA Fill Station from August Industries,
Inc., through the BuyBoard Purchasing Cooperative Contract 698-23 in the amount of $58,132.05.
FIRE DEPARTMENT
Page 36
Item 9.
2811 Eisenhower Street, Carrollton Texas 75007 (972)245-7000 Voice (972)245-7007 Fax
October 14, 2025
August Industries is pleased to provide you with the following quote on your system.
AVAILABLE ON BUYBOARD CONTRACT 698-23
BAUER VERTECON (LEGACY 2) 13 E3 VERTICAL COMPRESSOR PACKAGE
4 STAGE, 6,000 PSI, 13 CFM CHARGING RATE COMPRESSOR BLOCK
MODEL IK12.14II BLOCK
10 H.P. ELECTRIC THREE-PHASE MOTOR
MOTOR CONTROLS AND PLC UNIT ARE HOUSED IN A NEMA 4, UL LISTED
ENCLOSURE
PLC WITH INDICATOR LAMPS FOR ALL WARNINGS AND FAULTS
THE PLC WILL SUPPORT AND OFFER PROTECTION FOR LOW OIL
PRESSURE, HIGH TEMPERATURE, AND MOTOR OVERLOAD WITH
ALARMS AND AUTOMATIC SHUTDOWN
EMERGENCY STOP BUTTON AND NON-RESETTABLE HOUR METER
INSTALLED WITH P2 SECURUS ELECTRONIC MOISTURE MONITORING
SYSTEM PURIFICATION SYSTEM CAPABLE OF UP TO 150,000 CF OF AIR
BETWEEN CARTRIDGE CHANGE OUTS
INSTALLED WITH AN AUTOMATIC DRAIN SYSTEM WITH RESERVOIR AND
SILENCER
INTERSTAGE GAUGES FOR MONITORING STAGE PRESSURES
INSTALLED WITH ELECTRONIC CO MONITOR WIRED FOR ALARM AND
SHUTDOWN
5 YEAR PARTS AND LABOR WARRANTY ON ENTIRE SYSTEM WITH
SERVICE CONTRACT
BAUER CFS-2S/ CSCD FULL CONTAINMENT FILL STATION
FRONT LOADING, TWO POSITION, FULL CONTAINMENT STATION BUILT
TO FULLY COMPLY WITH NFPA 1901 REQUIREMENTS
TOP MOUNTED FOUR BANK CONTROL PANEL FOR CASCADE
EFFICIENCY, BANK VALVES AND GAUGES
ADJUSTABLE REGULATOR
SAFETY DOOR INTERLOCKS PREVENT FILLING UNLESS DOOR IS
CLOSED AND LOCKED
TWO FILL HOSES WITH CGA HAND TIGHT FILL ADAPTERS
Proposal for Prosper FD
Page 37
Item 9.
2811 Eisenhower Street, Carrollton Texas 75007 (972)245-7000 Voice (972)245-7007 Fax
October 14, 2025
STORAGE SYSTEM
FOUR UN/ISO 6000 PSI STORAGE BOTTLES WITH CGA-702 VALVES
STORAGE BOTTLES HAVE 10 YEAR RETEST PERIOD
WALL MOUNT TRACK AND CYLINDER CLAMPS FOR SECURE MOUNTING
SUPPLIED WITH AN 8 FOOT HOSE FROM COMPRESSOR TO STORAGE
ALL INTERCONNECTING HARDWARE, PIGTAILS AND VALVES AS
REQUIRED FOR CONNECTION
100’ REMOTE FILL HOSE AND REEL
Complete package as described, LIST PRICE:
OUR QUOTE:
TERMS:
Net 30 with approved purchase order
Price does not include shipping, installation or training ($4,250.00
additional)
This quoted price is valid for 60 days
Allow 8-10 weeks for completion
$66,517.00
$53,882.05
Proposal for Prosper FD
Page 38
Item 9.
Page 1 of 2
To: Mayor and Town Council
From: Dan Baker, Director of Parks and Recreation
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Re: Subject – Doe Branch Pedestrian Trail Construction Contract
Town Council Meeting – October 28, 2025
Strategic Visioning Priority: 1. Acceleration of Infrastructure
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Construction Agreement with
Ratliff Hardscape, Ltd. for the Doe Branch Trail Connections in the amount of $312,116.65.
Description of Agenda Item:
This construction contract is for sections of widened walkway along the south side of Gee Road
between Denton Way and First Street. Also included is a short section of concrete hike and bike
trail that will connect to an existing trail that serves The Preserve at Doe Creek neighborhood. The
costs in the quote are based on an annual construction contract Ratliff has with the City of
Richardson. The Town of Prosper will take advantage of the competitive pricing from this contract.
The Parks and Recreation Board recommended proceeding with the design of the project at their
April 11, 2024, meeting. The CIP Subcommittee approved of this project at their April 16, 2024,
meeting, and the project was approved as part of the FY 2024-2025 CIP program.
This project was bid earlier this year and included installing a pedestrian bridge over Doe Branch.
The bid for this project was rejected, and the council CIP subcommittee recommended the
reduced scope proposed for this contract.
Budget Impact:
The total cost of construction is $312,116.65. Funding for this contract is available in account
PK202120-CONST-CONST. The current budget for the project is $2,184,000.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached construction contract
documents as to form and legality.
Attached Documents:
1. Construction Proposal
2. Annual Contract
PARKS AND RECREATION
DEPARTMENT
Page 39
Item 10.
Page 2 of 2
3. Site Map
Town Staff Recommendation:
Town staff recommend that the Town Council approve authorizing the Town Manager to execute
a Construction Agreement with Ratliff Hardscape, Ltd. for the Doe Branch Trail Connections in the
amount of $312,116.65.
Proposed Motion:
I move to approve authorizing the Town Manager to execute a Construction Agreement with Ratliff
Hardscape, Ltd. for the Doe Branch Trail Connections in the amount of $312,116.65.
Page 40
Item 10.
9/26/25
25-09
, by
ITEM UNIT TOTAL
NO.PRICE PRICE
01 17,143 SQ 8.40 144,001.20$
02 220 LF 32.00 7,040.00$
03 35 HR 194.25 6,798.75$
04 5 DAY 1,500.00 7,500.00$
05 1 LS 19,770.00 19,770.00$
06 80 HR 194.25 15,540.00$
07 54 HR 194.25 10,489.50$
08 1 LS 15,800.00 15,800.00$
09 80 HR 194.25 15,540.00$
10 650 SF 35.00 22,750.00$
11 16 HR 194.25 3,108.00$
12 7 HR 194.25 1,359.75$
13 77 HR 194.25 14,957.25$
14 12 HR 194.25 2,331.00$
15 64 SF 6.30 403.20$
16 16 HR 194.25 3,108.00$
17 1 LS 6,500.00 6,500.00$
18 1,600 SY 9.45 15,120.00$
Prosper ,TX 8.25%%
TOTAL 312,116.65$
RESPECTFULLY SUBMITTED:
By:By:
Its':Its':
Title Title
Booder McWhorter
Print Name Print Name
President & C.O.O.
(OWNER / GENERAL CONTRACTOR)(CONTRACTOR / SUB-CONTRACTOR)
Signature Signature
TERMS AND CONDITIONS
THIS PROPOSAL IS VALID FOR THIRTY (30) DAYS FROM THE DATE OF THIS PROPOSAL. THIS PROPOSAL AND ITS TERMS AND CONDITIONS OR ANY OTHER SPECIAL CONDITIONS
(EXHIBIT "B") SHALL BECOME PART OF THE CONTRACT AS EXHIBIT "A". A CONTRACT SHALL BE PROVIDED BY THE OWNER, GENERAL CONTRACTOR, OR RATLIFF HARDSCAPE, LTD.
AND EXECUTED PRIOR TO COMMENCEMENT OF ANY WORK. THE ABOVE QUANTITES HAVE BEEN ESTIMATED; HOWEVER, THIS PROPOSAL IS A UNIT PRICE BASIS WITH PAYMENTS
TO BE MADE BY THE HIRING OWNER OR GENERAL CONTRACTOR BY USING FIELD MEASURED QUANTITIES OF WORK COMPLETED. RATLIFF HARDSCAPE, LTD. SHALL SUBMIT BY THE
25th OF EACH MONTH, PARTIAL ESTIMATES, TO THE OWNER OR GENERAL CONTRACTOR WHICH INCLUDE ALL OF THE COMPLETED WORK PLUS ANY MATERIAL ON HAND FOR THE
UNCOMPLETED PORTION. THE RETAINAGE AMOUNT TO BE WITHHELD FROM EACH MONTHLY INVOICE SHALL BE SPECIFIED BY THE HIRING OWNER OR GENERAL CONTRACTOR. IF
NOT SPECIFIED, NO RETAINAGE WILL BE WITHHELD. PAYMENT TERMS ARE NET FIFTEEN (15) DAYS FROM THE DATE OF THE INVOICE. ALL INVOICES NOT RECEIVED IN FULL BY THE
DUE DATE SHALL BEAR INTEREST FROM THE DUE DATE UNTIL THE DATE FULL PAYMENT IS RECEIVED AT RATE OF 15% PER ANNUM. SALES TAX MUST BE APPLIED UNLESS
MATERIAL USED FOR REALTY IMPROVEMENTS OF A TAX EXEMPT ENTITY OR BY RECEIPT OF A "SALES TAX EXEMPT" CERTIFICATE. PLEASE REVIEW ALL THE SPECIAL CONDITIONS
PROVIDED HEREIN AS EXHIBIT "B".
PLEASE SIGN THIS PROPOSAL AND RETURN ONE (1) ORIGINAL TO OUR OFFICE. YOUR ACCEPTANCE OF THIS PROPOSAL SHALL CONSTITUTE THE INTENT
TO ENGAGE INTO A CONTRACT WITH RATLIFF HARDSCAPE, LTD. TO PERFORM THE ABOVE REFERENCED WORK.
ACCEPTED:
Ratliff Hardscape, Ltd.
TAX EXEMPT (No taxes required)
Relocate Street Signs (Line #32)
Cut & Remove 64 SF of Concrete Trail & Curb (Line #5)
Adjust Valve Stack to Grade (Line #32)
Bonding (Line #33)
Block Grass Soding in Disturbed Areas (Line #35)
Embankment Railing Material (Line #33)
Embankment Railing Labor (Line #32)
Cut and Remove 650 SF of HMAC Paving (Line #43)
Raise Traffic Control Water Valve Boxes (Line #32)
Remove Existing Fence (Line #32)
Remove Silt & Debris from Bottom of Channel (Line #32)
Welded Wire Fence Hog Panel Material (Line #33)
Welded Wire Install Labor (Line #32)
Traffic Control (Line #19)
Gabion Materials (Line #33)
Gabion Labor (Line #32)
Silt Fencing (Does Not Include SWPPP Plan) Includes Inlet Protection (#32)
ITEM DESCRIPTION QUANTITY UNIT
Doe Branch Trail North End
Concrete Trail & Thickened Areas for Railing (Line #8)
LOCATION:Prosper ,TX PROPOSAL NO:
Ratliff Hardscape, Ltd. proposes to furnish equipment, materials, and labor to perform the following work for the referenced project.
All bid items and quantities included in the scope of work were based on plans dated,
PROJECT:Prosper Annual DATE:
EXHIBIT "A"
Kurt Beilharz PROPOSALTown of Prosper
409 E First Street
Prosper, TX 75078
kbeilharz@prospertx.gov
1740 Midway Road • Lewisville, TX 75056
Phone: 972-436-2508 • Fax: 972-221-9905 PAGE 1 OF 6Page 41
Item 10.
YES NO
01 x
02 x
03 x
04 x
05 x
06 x
07 x
08 x
09 x
10 x
11 x
12 x
13 x
14 x
15 x
16 x
17 x
18 x
19 x
20 x
21 x
22 x
23 x
24 x
25 x
26 x
27 x
28 x
29 x
30 x
31 x
32 x
33 x
34 x
35 x
36 x
37 x
38 x
01
02
03
04
Initials Initials
EXHIBIT "B"
DATE:
PROPOSAL NO:
SPECIAL
CONDITIONS
Prosper Annual
Prosper ,TX
SUBJECT TO RATLIFF'S LIMITED WARRANTY (ATTACHED AS EXHIBIT "C")
IF THIS IS A REPAIR BID PROPOSAL OF WHICH RATLIFF DID NOT PERFORM THE CONCRETE UNDERGROUND PIER OR FOOTINGS, RATLIFF WILL
NOT BE RESPONSIBLE FOR ANY SURFACE CRACKING AND WILL PROVIDE A ONE (1) YEAR LIMITED WARRANTY FROM THE COMPLETION DATE.
EXPORT OF ANY DIRT ON-SITE
MAINTENANCE BONDS
INSPECTION FEES
SALES TAX
HAUL OFF OF EXISTING TRASH OR DEBRIS FOUND BURIED OR OTHERWISE HIDDEN FROM SITE OR NOT IN PLANS
HAUL OFF OF ANY UNSUITABLE MATERIAL
UNDERCUTTING, SELECT FILL, MOISTURE CONDITIONING
INSURANCE REQUIREMENTS
MOBILIZATION (1 TIME ONLY)
NOTES:
I HAVE READ AND UNDERSTAND THE ABOVE CONDITIONS:
SEE ATTACHED EXHIBIT "C".
SWPPP INSPECTIONS
UNDERGROUND UTILITY CONFLICTS (TO BE RELOCATED BY OTHERS)
BUFF MORTAR (HARDSCAPE SCREENWALLS, COLUMN, & MONUMENTS)
STAGING AREA (TO BE PROVIDED BY OWNER ON OR CONTIGUOUS TO SITE)
ROCK & BOULDER REMOVAL
SEEDING, SODDING, OR HYDROMULCH
BACKFILL (ALL SCOPE OF WORK)
BUFF MORTAR (RETAINING WALLS)
EROSION CONTROL AS NOTED IN PLANS
TREE REMOVAL; ALL TREES TO BE TAGGED AND MARKED BY OWNER & CITY (CHIPPED AND HAULED OFFSITE)
UTILITY INSTALLATION (BASED ON UTILITY WORK INSTALLED PRIOR TO GAS, ELECTRIC, PHONE, CABLE, OR OTHERS)
SPOILS TO BE STOCKED ON-SITE (APPROVED BY OWNER)
ROADWAY SUB-GRADE MUST BE +/- 0.20 FEET PRIOR TO UTILITY CONSTRUCTION AND WILL BE RETURNED TO GRADE
DEWATERING OF SCOPE OF WORK
ELECTRICAL POWER SOURCE FOR ENTRY LIGHTING
ELECTRICAL POWER SOURCE FOR IRRIGATION
FINAL CLEANUP
PAVING & PAD SUBGRADE SHALL NOT EXCEED +/- 0.10 FEET. FINE GRADING OR TRIMMING BY PAVING CREW
IF VACUUM TRUCK IS NEEDED FOR PIERS; ADD $1500 PER PIER
Kurt Bielharz
Town of Prosper
409 E First Street
PROJECT:
STRUCTURAL ENGINEERING (FOR HARDSCAPE ONLY)
ENGINEERING (BY OWNER)
PERMIT FEES (FOR HARDSCAPE ONLY)
SWPPP DESIGN
Prosper, TX 75078
kbeilharz@prospertx.gov
9/26/25
LOCATION:25-09
THIS FOLLOWING SPECIAL CONDITIONS PROVIDED BY RATLIFF HARDSCAPE, LTD. ARE SET FORTH TO ENSURE OUR SCOPE OF WORK HAS BEEN
PROPERLY COMMUNICATED AND UNDERSTOOD BY THE OWNER, GENERAL CONTRACTOR, OTHER SUB-CONTRACTORS, ENGINEERS, MUNICIPALITY, OR
OTHER GOVERNMENT ENTITIES. IT IS OUR FULL INTENT TO PROVIDE QUALITY WORKMANSHIP, JOB-SITE SAFETY, AND A LONG-LASTING WORKING
RELATIONSHIP THROUGHOUT THE PROJECT. PLEASE REVIEW IN ITS' ENTIRETY ALL CONDITIONS SO THAT ANY DISCREPANCIES MAY BE RESOLVED PRIOR
TO COMMENCEMENT OF WORK. IF THE "YES" BOX IS CHECKED THEN THE CONDITION DESCRIBED IS INCLUDED IN THE SCOPE OF WORK. IF CHECKED
"NO", THEN THE CONDITION IS NOT INCLUDED IN THE SCOPE OF WORK. INTIAL BELOW THAT YOU HAVE READ AND FULLY UNDERSTAND THESE
CONDITIONS.
STAKING (BY OWNER)
GEOTECHNICAL MATERIALS TESTING (BY OWNER)
IMPACT FEES, CONNECTION FEES, METER FEES OR DEPOSITS
PAYMENT & PERFORMANCE BOND
TRAFFIC CONTROL
1740 Midway Road • Lewisville, TX 75056
Phone: 972-436-2508 • Fax: 972-221-9905 PAGE 2 OF 6Page 42
Item 10.
EXHIBIT "C"
Page 43
Item 10.
Page 44
Item 10.
Page 45
Item 10.
Page 46
Item 10.
Page 47Item 10.
Page 48Item 10.
Page 49Item 10.
Page 50Item 10.
Page 51Item 10.
ITEM DESCRIPTION
NO.
02-23-01-01
Price per square foot turn
key to install 4" Faux
concrete system.
5000 sq ft 15.000 75,000.00$ $ 15.75 78,750.00$ 5.00
02-23-01-02
Price per square foot turn
key to install 6" Faux
concrete system.
5000 sq ft 21.000 105,000.00$ $ 22.05 110,250.00$ 5.00
02-23-01-03
Faux system post
application price per
square foot.
2000 sq ft 24.000 48,000.00$ $ 25.20 50,400.00$ 5.00
02-23-01-04
Price per square foot to
repair spoiled/damaged
concrete.
1000 sq ft 20.000 20,000.00$ $ 21.00 21,000.00$ 5.00
02-23-01-05
Price per square foot to
remove and dispose of
existing concrete.
1000 sq ft 6.000 6,000.00$ $ 6.30 6,300.00$ 5.00
02-23-01-06
Price per square foot to
install turn key 4" concrete
flat work; match existing
grade
10000 sq ft 6.750 67,500.00$ $ 7.10 71,000.00$ 5.19
02-23-01-07
Price per square foot to
install turn key on top on
ground 4" concrete flat
work
4000 sq ft 6.750 27,000.00$ $ 7.10 28,400.00$ 5.19
02-23-01-08
Price per square foot to
install turn key 6" concrete
flat work; match existing
grade
5000 sq ft 8.000 40,000.00$ $ 8.40 42,000.00$ 5.00
02-23-01-09
Price per square foot to
install turn key on top on
ground 6" concrete flat
work
2000 sq ft 8.000 16,000.00$ $ 8.40 16,800.00$ 5.00
02-23-01-10 Price per linear foot 6"x6"
curb turn key.1000 lf 24.000 24,000.00$ $ 25.20 25,200.00$ 5.00
02-23-01-11
Price per square foot to
install concrete beam 6"
wide x 12" deep turn key.
1000 sq ft 18.000 18,000.00$ $ 18.90 18,900.00$ 5.00
02-23-01-12
Price per square foot to
install concrete beam
12"x12" turn key.
1000 sq ft 32.000 32,000.00$ $ 33.60 33,600.00$ 5.00
02-23-01-13
Price per linear foot to
install playground border
turn key.
1000 sq ft 50.000 50,000.00$ $ 52.50 52,500.00$ 5.00
02-23-01-14
Curb cut ramps-price per
square foot to cut curbs,
remove debris.
1000 sq ft 15.000 15,000.00$ $ 15.75 15,750.00$ 5.00
02-23-01-15
Price per square foot to
install turn key, 12"wide x
4"deep concrete border.
1000 linear ft 12.000 12,000.00$ $ 12.60 12,600.00$ 5.00
02-23-01-16
Price per square foot to
install turn key, 6" wide x
4" deep concrete border.
1000 linear ft 12.000 12,000.00$ $ 12.60 12,600.00$ 5.00
02-23-01-17
Install 1/2 minus
decomposed granite 4"
deep in excavated soil.
1500 sq ft 6.000 9,000.00$ $ 6.30 9,450.00$ 5.00
02-23-01-18
Install 1/2 minus
decomposed granite at a 4"
depth in excavated soil.
1500 sq ft 9.000 13,500.00$ $ 9.45 14,175.00$ 5.00
02-23-01-19 Price for traffic control
with arrow board per day.1 day 1500.000 1,500.00$ $ 1,500.00 1,500.00$ 0.00
02-23-01-20
Price for traffic control
without an arrow board per
day.
1 day 1000.000 1,000.00$ $ 1,000.00 1,000.00$ 0.00
02-23-01-21 Truncated Dome ramps 2500 sq ft 40.000 100,000.00$ $ 42.00 105,000.00$ 5.00
02-23-01-22
Install turnkey;
brick/pavers or stone, in
sand bed and sanded in
place
5000 sq ft 22.000 110,000.00$ $ 23.10 115,500.00$ 5.00
PERCENT
INCREASE
RATLIFF HARDSCAPE LTD
EST. QTY.UNIT UNIT PRICE AMOUNT
PRICE INCREASE
UNIT PRICE AMOUNT
Page 52
Item 10.
02-23-01-23
Install turnkey;
brick/pavers or stone, on a
3" concrete base mortared
5000 sq ft 26.000 130,000.00$ $ 27.30 136,500.00$ 5.00
02-23-01-24
Install turnkey;
brick/pavers or stone, on a
4" concrete base mortared
5000 sq ft 28.000 140,000.00$ $ 29.40 147,000.00$ 5.00
02-23-01-25
Install brick or stone on
walls and or columns etc;
remove and dispose of
2500 sq ft 40.000 100,000.00$ $ 42.00 105,000.00$ 5.00
02-23-01-26 Remove and salvage
existing natural stone 2500 sq ft 16.000 40,000.00$ $ 16.80 42,000.00$ 5.00
02-23-01-27 Remove and salvage
existing cultured stone 2500 sq ft 18.000 45,000.00$ $ 18.90 47,250.00$ 5.00
02-23-01-28 Remove and salvage
existing capstone stone 2500 sq ft 16.000 40,000.00$ $ 16.80 42,000.00$ 5.00
02-23-01-29 Install new or salvaged
capstone 2500 sq ft 24.000 60,000.00$ $ 25.20 63,000.00$ 5.00
02-23-01-30
Install natural stone
vaneers with salvaged
stone and furnishing
5000 sq ft 28.000 140,000.00$ $ 29.40 147,000.00$ 5.00
02-23-01-31
INstall cultured stone
vaneers with salvaged
stone and furnishing
additional
5000 sq ft 28.000 140,000.00$ $ 29.40 147,000.00$ 5.00
02-23-01-32 Hourly cost for additional
work requested 100 hr 185.000 18,500.00$ $ 194.25 19,425.00$ 5.00
02-23-01-33
Price of markup on
materials (percentage) for
materials (stone, pavers)
1 ea 15.000 15.00$ $ 15.75 15.75$ 5.00
02-23-01-34
Labor to install rock of
various sizes; price per
square foot
2000 sq ft 18.000 36,000.00$ $ 18.90 37,800.00$ 5.00
02-23-01-35 Sod installation per square
yard 2000 sq yd 9.000 18,000.00$ $ 9.45 18,900.00$ 5.00
02-23-01-36
Concrete stain on existing
concrete or new concrete
per square foot
1000 sq ft 12.000 12,000.00$ $ 12.60 12,600.00$ 5.00
02-23-01-37 Saw Cut - expansion joints
etc., per linear square foot 2000 linear ft 3.000 6,000.00$ $ 3.15 6,300.00$ 5.00
02-23-01-38 Sealing expansion joints
(caulk) per linear foot 1000 linear ft 5.000 5,000.00$ 5.25$ 5,250.00$ 5.00
02-23-01-39
Rough grading-1000
square foot minimum;
price per square foot
10000 sq ft 3.000 30,000.00$ 3.15$ 31,500.00$ 5.00
02-23-01-40
Final Grade-1000 square
foot minimum' price per
square foot
10000 sq ft 1.000 10,000.00$ 1.05$ 10,500.00$ 5.00
02-23-01-41
Structural Concrete-price
per cubic yard including
incidentals
300 cubic ft 800.000 240,000.00$ 840.00$ 252,000.00$ 5.00
02-23-01-42 Soil import hauling cost;
price per cubic yard 1000 cubic yd 45.000 45,000.00$ 47.25$ 47,250.00$ 5.00
02-23-01-43
Export soil and debris
including disposal cost;
price per cubic yard
1000 cubic yd 45.000 45,000.00$ 47.25$ 47,250.00$ 5.00
02-23-01-44
Price per square foot to
install turnkey 12" wide X
6" deep, concrete mow
strip.
1000 linear ft 18.000 18,000.00$ 18.90$ 18,900.00$ 5.00
02-23-01-45 Misc. Rock/Stone Mortar
Work 2000 sq ft 24.000 48,000.00$ 25.20$ 50,400.00$ 5.00
TOTAL GROSS PRICE 2,169,015.00$ 2,277,515.75$ 5.00
Page 53
Item 10.
Page 54
Item 10.
Page 1 of 2
To: Mayor and Town Council
From: Dan Baker, Director of Parks and Recreation
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Re: PSA for Mahard Pkwy and Prairie Drive Medians Landscape Design and
Installation
Town Council Meeting – October 28, 2025
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon approving a Professional Services Agreement between Kimley-Horn and
Associates, Inc. and the Town of Prosper, Texas, for the preparation of plans and construction
documents for landscaping of Mahard Pkwy and Prairie Drive roadway medians in the amount of
$100,000, and authorize the Town Manager to execute documents for the same.
Description of Agenda Item:
This project involves developing plans and construction documents for landscaping and irrigation
improvements in the roadway medians of Mahard Pkwy and Prairie Drive, west of the intersection
with Mahard Pkwy. The scope for this contract includes landscape installation for the medians in
Mahard Pkwy, but only landscape design for the Prairie Drive medians. Landscape installation of
the Prairie Drive medians will be done in a future budget year. This project is included in the FY26
CIP budget as recommended by the Council CIP Subcommittee and approved by the Town
Council.
Budget Impact:
The total cost of design services is $100,000. Funding for this contract is available in accounts
PK202539 DESGN-PROFS for Prairie Medians and PK 202540 DESGN-PROFS for Mahard Pkwy
medians.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard form of agreement as
to form and legality.
Attached Documents:
1. Professional Services Agreement with Scope Proposal and Anticipated Schedule
PARKS AND RECREATION
Page 55
Item 11.
Page 2 of 2
Town Staff Recommendation:
Town Staff recommend that the Town Council approve a Professional Services Agreement
between Kimley-Horn and Associates, Inc. and the Town of Prosper, Texas, for the preparation of
plans and construction documents for landscaping of Mahard Pkwy and Prairie Drive roadway
medians in the amount of $100,000, and authorize the Town Manager to execute documents for
the same.
Proposed Motion:
I move to approve a Professional Services Agreement between Kimley-Horn and Associates, Inc.
and the Town of Prosper, Texas, for the preparation of plans and construction documents for
landscaping of Mahard Pkwy and Prairie Drive roadway medians in the amount of $100,000, and
authorize the Town Manager to execute documents for the same.
Page 56
Item 11.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 1 OF 20
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS, AND KIMLEY-HORN AND ASSOCIATES, INC.
FOR THE MAHARD AND PRAIRIE DRIVE MEDIANS PROJECT
This Agreement for Professional Engineering Services, hereinafter called “Agreement,” is entered into by the
Town of Prosper, Texas, a municipal corporation, duly authorized to act by the Town Council of said Town,
hereinafter called “Town,” and Kimley-Horn and Associates, Inc a company authorized to do business in Texas,
acting through a duly authorized officer, hereinafter called “Consultant,” relative to Consultant providing professional
engineering services to Town. Town and Consultant when mentioned collectively shall be referred to as the “Parties.”
W I T N E S S E T H:
WHEREAS, Town desires to obtain professional engineering services in connection with the Mahard and
Prairie Drive Medians 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 incorporated herein as if written word
for word. All services provided by Consultant hereunder shall be performed in accordance with the degree of care
and skill ordinarily exercised under similar circumstances by competent members of their profession. In case of
conflict in the language of Exhibit A and this Agreement, this Agreement shall govern and control. Deviations from
the Scope of Services or other provisions of this Agreement may only be made by written agreement signed by all
Parties to this Agreement.
3. Prompt Performance by Consultant. Consultant shall perform all duties and services and make
all decisions called for hereunder promptly and without unreasonable delay as is necessary to cause Consultant’s
services hereunder to be timely and properly performed. Notwithstanding the foregoing, Consultant agrees to use
diligent efforts to perform the services described herein and further defined in any specific task orders, in a manner
consistent with these task orders; however, the Town understands and agrees that Consultant is retained to perform
a professional service and such services must be bound, first and foremost, by the principles of sound professional
judgment and reasonable diligence.
4. Compensation of Consultant. Town agrees to pay to Consultant for satisfactory completion of all
services included in this Agreement a total fee of one hundred and twenty seven and 00/100 Dollars ($127,000) for
the Project as set forth and described in Exhibit B - Compensation Schedule and incorporated herein as if written
word for word. Lump sum fees shall be billed monthly based on the percentage of completion. Hourly not to exceed
fees shall be billed monthly based on hours of work that have been completed. Direct Costs for expenses such as
mileage, copies, scans, sub-consultants, and similar costs are included in fees and shall be billed as completed.
Consultant agrees to submit statements to Town for professional services no more than once per month.
These statements will be based upon Consultant's actual services performed and reimbursable expenses incurred,
if any, and Town shall endeavor to make prompt payments. Each statement submitted by Consultant to Town shall
be reasonably itemized to show the amount of work performed during that period. If Town fails to pay Consultant
within sixty (60) calendar days of the receipt of Consultant's invoice, Consultant may, after giving ten (10) days written
notice to Town, suspend professional services until paid.
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PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 2 OF 20
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.
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PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 3 OF 20
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:
Kimley-Horn and Associates, Inc.
L. Nathan Ante, P.E., Sr. Vice Pres.
2201 W. Royal Lane, Suite 275
Irving, TX 75063
Nathan.Ante@kimley-horn.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
to recover its reasonable costs and attorney’s fees (including its reasonable costs and attorney’s fees on any appeal).
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PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 4 OF 20
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
_______________________, 20____.
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PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 5 OF 20
KIMLEY-HORN AND ASSOCIATES, INC.
By:
Signature
Andrew J. Budke
Printed Name
Associate
Title
August 25, 2025
Date
TOWN OF PROSPER, TEXAS
By:
Signature
Mario Canizares
Printed Name
Town Manager
Title
Date
By:
Signature
L. Nathan Ante, P.E.
Printed Name
Senior Vice President
Title
August 25, 2025
Date
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PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 6 OF 20
EXHIBIT A
SCOPE OF SERVICES
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS, AND KIMLEY-HORN AND ASSOCIATES, INC.
FOR THE MAHARD AND PRAIRIE DRIVE MEDIANS PROJECT
I. PROJECT DESCRIPTION
This project includes the design of landscape medians for Prairie Drive from S. Teel Parkway to Mahard Parkway,
and for Mahard Parkway from Prairie Drive to US 380. The design improvements generally include concrete paving,
landscape, and irrigation within the existing medians.
Survey of existing site is excluded from this Agreement, plans will be developed based on existing CAD files provided
to Kimley-Horn by the Town. This scope of this Agreement excludes design for vehicular drives and/or curbs,
sidewalks, landscape outside of the existing medians, monument signs, electrical and lighting, and grading and
drainage improvements. Bidding and Construction Phase services for Prairie Drive is excluded, but can be provided
as an additional service.
II. TASK SUMMARY
Task 1 - Mahard Preliminary Design (50%)
1.1. Project Management and Administration
1.1.1. Up to two (2) meetings with Town staff and stakeholders
1.1.2. Up to one (1) project site visit
1.1.3. Develop project schedule and interim milestones.
1.1.4. Project correspondence and invoicing.
1.2. Data Collection
1.2.1. Consultant will rely on the Town to provide Town Design Criteria (median paving, landscape,
and irrigation), Standard Details, Ordinances, and Master Plan documents applicable to the
project.
1.3. General Plan Sheets
1.3.1. Prepare plan sheets (originals may be 22”x34” at a scale of 1”=20’).
1.3.2. Prepare miscellaneous plan sheets.
· Cover Sheet
· Sheet Index
· General Notes (anticipated to be provided by Town)
· Identify and prepare special specifications and/or special provisions applicable to the
project.
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PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 7 OF 20
1.4. Landscape and Irrigation Design (Median Only)
1.4.1. Coordinate with Town on proposed median landscaping and irrigation to meet Town
standards.
1.4.2. Prepare preliminary planting plans including trees, planting areas, and turf. Planting plans
will show plant species, sizes, and location.
1.4.3. Prepare plan sheets for planting details and specifications, including canopy trees,
ornamental trees, shrubs and groundcover, and turf.
1.4.4. Prepare preliminary irrigation plans per Town standards for irrigation equipment. Irrigation
plans will show head layout, pipe sizing, controller/valve locations, and standard details.
1.5. Opinion of Probable Construction Cost (OPCC)
1.5.1. Compile and prepare a preliminary opinion of probable construction cost (OPCC) for the
project using recent average unit bid prices which are representative of similar types of
construction in the local area.
1.6. Preliminary Design Submittal
1.6.1. Refer to III. DELIVERABLES.
Task 2 - Mahard Final Design (90% and Final)
90% Design Submittal
2.1. Project Management and Administration
2.1.1. Up to one (1) meeting with Town staff and stakeholders.
2.1.2. Implement QC plan.
2.1.3. Update project schedule and interim milestones.
2.1.4. Project correspondence and invoicing.
2.2. General Plan Sheets
2.2.1. Incorporate preliminary design submittal review comments.
2.2.2. Finalize plan sheets (originals may be 22”x34” at a scale of 1”=20’).
2.2.3. Finalize miscellaneous plan sheets:
· Cover Sheet
· Sheet Index
· General Notes
2.2.4. Finalize special specifications and/or special provisions applicable to the project.
2.3. Landscape and Irrigation Design (Median Only)
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PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 8 OF 20
2.3.1. Finalize landscape and irrigation design upon Town approval of preliminary landscape and
irrigation plans. Final plans will be in accordance with Town requirements.
2.3.2. Prepare final planting plans including trees, planting areas, and turf. Planting plans will show
plant species, sizes, and location.
2.3.3. Compile applicable Town standard planting and irrigation details and specifications.
2.3.4. Prepare final irrigation plans per Town standards for irrigation equipment. Irrigation plans
will show head layout, pipe sizing, controller / valve locations, and standard details.
2.4. Opinion of Probable Construction Cost (OPCC)
2.4.1. Update opinion for construction cost using recent average unit bid prices which are
representative of similar types of construction in the local area.
2.5. Project Manual
2.5.1. It is anticipated that the Town will compile the project manual. Consultant to provide the
following:
· Pay item listing
· Quantities
· Update the overall OPCC
2.6. Final Design Submittal (90%)
2.6.1. Refer to III. DELIVERABLES.
2.7. Final Design Submittal
2.7.1. Incorporate the final design submittal review comments.
2.7.2. Prepare the final OPCC.
2.7.3. Final design submittal (Final) (to be used by the Town for bidding).
2.7.4. Incorporate the final design submittal review comments.
2.7.5. It is anticipated the following sheets will be included in the construction plans:
· Cover Sheet
· Sheet Index
· General Notes
· Project Control
· Hardscape Plan
· Landscape Plan
· Irrigation Plan
· Standard Details
2.7.6. Refer to III. DELIVERABLES.
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PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 9 OF 20
Task 3 - Mahard Bidding and Construction Phase Services
3.1. Bid Phase Services
3.1.1. Town will issue bid documents to prospective bidders via electronic site, maintain a list of
bidders to whom bidding documents have been issued, and addenda as appropriate to
interpret, clarify, or expand the bidding documents. Assist the Town as needed.
3.1.2. Attend the pre-bid meeting and bid opening.
3.1.3. Final construction plan submittal (conformed sets). Refer to III. DELIVERABLES.
3.1.4. The budgeted fee for this Task is based upon approximately 8 hours for bid phase services
We will not proceed with performance of services beyond the hours budgeted, without written
authorization by the Town.
3.2. Construction Phase Services
3.2.1. Shop Drawings and Submittals Review. Review and approve or take other appropriate
action in respect to Shop Drawings and Submittals and other data which the Contractor is
required to submit, but only for conformance with the information given in the Contract
Documents and compatibility with the design concept of the completed Project as a
functioning whole as indicated in the Contract Documents. Such review and approvals or
other action will not extend to means, methods, techniques, equipment choice and usage,
sequences, schedules, or procedures of construction or to related safety precautions and
programs.
3.2.2. Clarifications and Interpretations. When requested, review laboratory testing reports,
requests for information (RFI), field change requests, and change orders and provide
comments and/or responses to Town. Provide written responses to RFI’s or clarification to
Town or contractor. Provide and maintain an accurate Change Order Log, Submittal Log
and RFI Log throughout the duration of the Project and make such logs available to the
Town upon request. If requested by the Town, render written decisions on all claims of the
Town and the contractor relating to the acceptability of the contractor’s work or the
interpretation of the requirements of the contract documents pertaining to the progress of
the contractor’s work.
3.2.3. The total budged fee for Construction Phase Services is approximately 20 hours. We will not
proceed with the performance of services beyond the hours budgeted, without written
authorization by the Town. Consultant shall perform its services in accordance with such
Project schedule as is specified in the Contract, but in any event as expeditiously as is
consistent with such professional skill and care and the orderly progress of the Project in the
case of delays caused by the Town’s review of documents submitted under this Contract.
Task 4 - Mahard Record Drawings
4.1. Consultant will prepare construction Record Documents based on the information received from the
Contractor.
4.2. The budgeted fee for this Task is based upon approximately 5 hours. We will not proceed with
performance of services beyond the hours budgeted, without written authorization by the Town.
4.3. Record Documents submittal, refer to III. DELIVERABLES
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PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 10 OF 20
Task 6 - Prairie Conceptual Design (30%)
6.1. Project Management and Administration
6.1.1 Up to two (2) meeting with Town staff and stakeholders.
6.1.2 Up to one (1) project site visit.
6.1.3 Develop project schedule and interim milestones.
6.1.4 Project correspondence and invoicing.
6.2. Data Collection
6.2.1 Consultant will rely on the Town to provide Town Design Criteria (median paving, landscape,
and irrigation), Standard Details, Ordinances, and Master Plan documents applicable to the
project
6.3. Conceptual Landscape Plan Exhibit
6.3.1 Prepare one (1) conceptual median landscape plan exhibit (roll plot format at appropriate
scale as determined by the landscape architect). Items to be included:
· Concrete median paving locations
· Landscape Bed location and layout
· Tree Locations
· Existing curbs and curb ramps
· Irrigation connection points
6.4. Conceptual Design submittal
6.4.1 Refer to III. DELIVERABLES
Task 7 - Prairie Preliminary Design (60%)
7.1. Project Management and Administration
7.1.1. Up to one (1) meeting with Town staff and stakeholders.
7.1.2 Implement QC plan.
7.1.3 Update project schedule and interim milestones.
7.1.4 Project correspondence and invoicing.
7.2. General Plan Sheets
7.2.1. Incorporate conceptual design submittal review comments.
7.2.2. Upon Town approval of the Conceptual Design, prepare plan sheets (originals may be
22”x34” at a scale of 1”=20’).
7.2.3. Prepare miscellaneous plan sheets:
· Cover Sheet
· Sheet Index
· General Notes (anticipated to be provided by Town)
· Identify and prepare special specifications and/or special provisions applicable to the
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PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 11 OF 20
project.
7.3. Landscape and Irrigation Design (Median Only)
7.3.1. Coordinate with Town on proposed median landscaping and irrigation to meet Town
standards.
7.3.2. Prepare preliminary planting plans including trees, planting areas, and turf. Planting plans
will show plant species, sizes, and location.
7.3.3. Prepare plan sheets for planting details and specifications, including canopy trees,
ornamental trees, shrubs and groundcover, and turf.
7.3.4. Prepare preliminary irrigation plans per Town standards for irrigation equipment. Irrigation
plans will show head layout, pipe sizing, controller / valve locations, and standard details.
7.4. Opinion of Probable Construction Cost (OPCC)
7.4.1. Compile and prepare a preliminary opinion of probable construction cost (OPCC) for the
project using recent average unit bid prices which are representative of similar types of
construction in the local area.
7.5. Preliminary Design Submittal
7.5.1. Refer to III. DELIVERABLES.
Task 8 - Prairie Final Design (90% and Final)
90% Design Submittal
8.1. Project Management and Administration
8.1.1. Up to one (1) meeting with Town staff and stakeholders.
8.1.2. Implement QC plan.
8.1.3. Update project schedule and interim milestones.
8.1.4. Project correspondence and invoicing.
8.2. General Plan Sheets
8.2.1. Incorporate preliminary design submittal review comments.
8.2.2. Finalize plan sheets (originals may be 22”x34” at a scale of 1”=20’).
8.2.3. Finalize miscellaneous plan sheets:
· Cover Sheet
· Sheet Index
· General Notes
8.2.4. Finalize special specifications and/or special provisions applicable to the project.
8.3. Landscape and Irrigation Design (Median Only)
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PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 12 OF 20
8.3.1. Finalize landscape and irrigation design upon Town approval of preliminary landscape and
irrigation plans. Final plans will be in accordance with Town requirements.
8.3.2. Prepare final planting plans including trees, planting areas, and turf. Planting plans will show
plant species, sizes, and location.
8.3.3. Compile applicable Town standard planting and irrigation details and specifications.
8.3.4. Prepare final irrigation plans per Town standards for irrigation equipment. Irrigation plans
will show head layout, pipe sizing, controller / valve locations, and standard details.
8.4. Opinion of Probable Construction Cost (OPCC)
8.4.1. Update opinion for construction cost using recent average unit bid prices which are
representative of similar types of construction in the local area.
8.5. Project Manual
8.5.1. It is anticipated that the Town will compile the project manual. Consultant to provide the
following:
· Pay item listing
· Quantities
· Update the overall OPCC
8.6. Final Design Submittal (90%)
8.6.1. Refer to III. DELIVERABLES.
8.7. Final Design Submittal
8.7.1. Incorporate the final design submittal review comments.
8.7.2. Prepare the final OPCC.
8.7.3. Final design submittal (Final) (to be used by the Town for bidding).
8.7.4. Incorporate the final design submittal review comments.
8.7.5. It is anticipated the following sheets will be included in the construction plans:
· Cover Sheet
· Sheet Index
· General Notes
· Project Control
· Hardscape Plan
· Landscape Plan
· Irrigation Plan
· Standard Details
8.7.6. Refer to III. DELIVERABLES.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
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PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 13 OF 20
III. DELIVERABLES
Mahard Medians
Task 1 Preliminary Design (50%) 50% Design
· Half-size 60% plan sets (up to 1 of each upon request)
· 60% Opinion of Probable Construction Cost
· PDF versions of 60% Deliverables
·
Task 2 - Final Design (90% and Final) 90% Design
· Half-size 90% plan sets (up to 1 of each upon request)
· 90% Opinion of Probable Construction Cost
· PDF versions of 90% Deliverables
Final Design
· Half-size and full-size of Final plan sets (up to 1 of each
upon request)
· Final Opinion of Probable Construction Cost
· PDF versions of Final Deliverables
· One (1) DWG copy of final files
Task 3 - Bidding and Construction
· Pay item listing
· Half-size and full-size of final (signed and sealed)
Conformed plan sets (up to 1 each upon request)
Task 4 - Record Drawings · One (1) DWG of the record drawings base map in
accordance with Town standard
· One (1) PDF copy of each sheet of the record drawings
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PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 14 OF 20
Prairie Medians
Task 6 - Conceptual Design (30%) 30% Design
· Half size and full size roll plots (up to one of each upon
request)
· 30% Opinion of Probable Construction Cost
· PDF versions of 30% Deliverables
Task 7 - Preliminary Design (60%) 60% Design
· Half-size 60% plan sets (up to 1 of each upon request)
· 60% Opinion of Probable Construction Cost
· PDF versions of 60% Deliverables
Task 8 - Final Design (90% and Final) 90% Design
· Half-size 90% plan sets (up to 1 of each upon request)
· 90% Opinion of Probable Construction Cost
· PDF versions of 90% Deliverables
Final Design
· Half-size and full-size of Final plan sets (up to 1 of each
upon request)
· Final Opinion of Probable Construction Cost
· PDF versions of Final Deliverables
· One (1) DWG copy of final files
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PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 15 OF 20
EXHIBIT B
COMPENSATION SCHEDULE
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS, AND KIMLEY-HORN AND ASSOCIATES, INC.
FOR THE MAHARD AND PRAIRIE MEDIANS PROJECT
I. COMPENSATION SCHEDULE
Task
Completion
Schedule
(Anticipated)
Compensation
Schedule
Notice-to-Proceed November 2025
Task 1 – Mahard Preliminary Design (50%) December 2025 $9,000
Task 2 – Mahard Final Design (90% and Final) January 2026 $12,000
Task 3 – Mahard Bidding and Construction Phase TBD $8,000
Task 4 – Mahard Record Drawings TBD $1,500
Total Compensation – MAHARD PKWY MEDIANS $30,500
Task
Completion
Schedule
(Anticipated)
Compensation
Schedule
Notice-to-Proceed November 2025
Task 6 – Prairie Conceptual Design (30%) December 2026 $18,000
Task 7 – Prairie Preliminary Design (60%) February 2026 $27,500
Task 8 – Prairie Final Design (90% and Final) April 2026 $24,000
Total Compensation – PRAIRIE DRIVE MEDIANS $69,500
TOTAL PROJECT COMPENSATION $100,000
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II. COMPENSATION SUMMARY
Basic Services (Lump Sum) Amount
Task 1 – Mahard Conceptual Design (50%) $9,000
Task 2 – Mahard Final Design (90% and Final) $12,000
Task 4 – Mahard Record Drawings $1,500
Task 6 – Prairie Conceptual Design (30%) $18,000
Task 7 – Prairie Preliminary Design (60%) $27,500
Task 8 – Prairie Final Design (90% and Final) $24,000
Total Basic Services: 92,000
Special Services (Hourly Not-to-Exceed) Amount
Task 3 – Mahard Bidding and Construction Phase $8,000
Total Special Services: $8,000
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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 73
Item 11.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 18 OF 20
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 74
Item 11.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 19 OF 20
EXHIBIT D
CONFLICT OF INTEREST AFFIDAVIT
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS, AND KIMLEY-HORN AND ASSOCIATES, INC.
FOR THE MAHARD AND PRAIRIE DRIVE MEDIANS PROJECT
THE STATE OF TEXAS §
§
COUNTY OF ________________ §
I, _________________________, a member of the Consultant team, make this affidavit and hereby on oath state the following:
I, and/or a person or persons related to me, have the following interest in a business entity that would be affected by the work
or decision on the Project (Check all that apply):
_____ Ownership of 10% or more of the voting shares of the business entity.
_____ Ownership of $25,000.00 or more of the fair market value of the business entity.
_____ Funds received from the business entity exceed 10% of my income for the previous year.
_____ Real property is involved, and I have an equitable or legal ownership with a fair market value of at least $25,000.00.
_____ A relative of mine has substantial interest in the business entity or property that would be affected by my decision
of the public body of which I am a member.
_____ Other: _________________________________________________.
_____ None of the Above.
Upon filing this affidavit with the Town of Prosper, Texas, I further affirm that no relative of mine, in the first degree by
consanguinity or affinity, as defined in Chapter 573 of the Texas Government Code, is a member of the public body which took
action on the agreement.
Signed this ___________________ day of _________________________, 20____.
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 75
Item 11.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 20 OF 20
EXHIBIT E
CONFLICT OF INTEREST QUESTIONNAIRE
Page 76
Item 11.
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: Bid Award Construction Teel Parkway at Prairie Drive
Town Council Meeting – October 28, 2025
Strategic Visioning Priority: 1. Acceleration of Infrastructure
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Construction Agreement
awarding CSP No. 2025-17-B to Roadway Solutions Inc., related to construction services for the
Teel Parkway at Prairie Drive traffic signal project, for $517,548.75.
Description of Agenda Item:
On August 12, 2025, at 2:00 PM, two (2) Competitive Sealed Proposals were received for the Teel
Parkway at Prairie Drive traffic signal project with an add alternate for construction of the First Street
at Artesia Boulevard traffic signal. This request is to award only the Teel Parkway at Prairie Drive
traffic signal construction project. The project consists of all the work needed to construct the Teel
Parkway at Prairie Drive traffic signal.
The project was advertised using the Competitive Sealed Proposal Construction alternative
procurement method to allow the Town to award the project 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:
Qualifications and Experience (10%)
o Outline contractor and subcontractor experience with similar projects.
o Outline qualifications of key personnel assigned to this project.
o Provide references.
Project Timeline (25%)
Cost Proposal (65%)
The verified proposal totals ranged between $517,548.75 and $636,293.44. The Engineer's Estimate
was $415,932.50. The proposal final completion times ranged from 240 calendar days to 265
calendar days to construct both traffic signals. Roadway Solutions Inc., agreed to complete
construction of the Teel Parkway at Prairie Drive traffic signal in 132 days. Roadway Solutions Inc.,
was the firm that ranked the highest after consideration of Costs, Time, and Qualifications with a cost
of $517,548.75, and a project timeline of 132 calendar days. Staff checked the references provided
and received positive feedback.
ENGINEERING
SERVICES
Page 77
Item 12.
Page 2 of 2
Budget Impact:
The cost for the construction of the traffic signal is $517,548.75 plus the cost of traffic signal poles
and related equipment previously purchased as authorized by Council November 26, 2024. The cost
of the traffic signal poles and related equipment for the Teel Parkway at Prairie Drive traffic signal is
approximately $129,840 for a total construction cost of $647,390.25. The total construction budget
for this project is $600,000, in the Teel Parkway at Prairie Drive traffic signal project Account No.
750-6610-10-00-2318-TR. The remainder of construction funding will come from the Traffic
Improvement project Account No. 7506610-10-00-2501-TR
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard construction agreement
as to form and legality.
Attachments:
1. Location Map
2. Bid Tabulation Summary
3. Construction Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute a
Construction Agreement awarding CSP No. 2025-17-B to Roadway Solutions Inc., related to
construction services for the Teel Parkway at Prairie Drive traffic signal project, for $517,548.75.
Proposed Motion:
I move to authorize the Town Manager to execute a Construction Agreement awarding CSP No.
2025-17-B to Roadway Solutions Inc., related to construction services for the Teel Parkway at Prairie
Drive traffic signal project, for $517,548.75.
Page 78
Item 12.
LOCATION MAP
Teel Parkway and Prairie Drive Traffic Signal Teel Parkway Marigold Lane
Richland High School
Project Location
Page 79
Item 12.
TOWN OF PROSPER
PROPOSAL TABULATION SUMMARY
Solicitation Number
Solicitation Title
Close Date
Responding Supplier City State Response Submitted Base Bid Add Alternate 1 Total Bid Total Days
EAR Telecommunications LLC DBA EARTC Manor TX 8/12/2025 01:17:14 PM (CT)$636,293.44 $719,192.25 $1,355,485.69 240
Roadway Solutions Inc Carrollton TX 8/12/2025 09:07:32 AM (CT)$517,548.75 $665,672.75 $1,183,221.50 265
Certified by: Jay Carter, NIGP-CPP, CPPB, C.P.M. Certified on:August 12, 2025
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.
CSP No. 2025-17-B
Traffic Signal at Teel Parkway & Prairie Drive and Traffic Signal at First Street & Artesia Boulevard
8/12/2025 at 2:00PM
Page 80
Item 12.
Roadway Solutions
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Item 12.
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: Consideration of the Unified Development Code
Town Council Meeting – October 28, 2025
Strategic Visioning Priority: 3. Commercial Corridors are ready for Development
4. Provide Excellent Municipal Services
Agenda Item:
Conduct a Public Hearing to consider the adoption of a Unified Development Code, which
encompasses amendments to Building Regulations, Business Regulations, Fire Prevention and
Protection codes, Health and Sanitation codes, the Subdivision Regulation, Utilities standards, the
Zoning Ordinance, Engineering Design Standards, and Definitions. (ZONE-25-0014)
Town Staff requests that this item be tabled to the Town Council meeting on November 11,
2025.
Description of Agenda Item:
The Unified Development Code is currently under review and was discussed at the October 14,
Town Council Work Session. A public hearing is scheduled for the November 4, 2025, Planning
& Zoning Commission meeting. Staff proposes tabling this item to the November 11, 2025, Town
Council meeting.
Budget Impact:
There is no budgetary impact affiliated with this item.
Legal Obligations and Review:
Notification was provided as required by the Zoning Ordinance and state law. Staff has not
received any response to the proposed zoning request to date.
Town Staff Recommendation:
Town Staff recommends the Town Council table this item and continue the Public Hearing to
November 11, 2025.
Proposed Motion:
I move to approve/deny the request to table this item and continue the Public Hearing to the
November 11, 2025, agenda.
PLANNING
Page 94
Item 13.
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 – October 28, 2025
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 is the Site Plan that was acted on by the Planning & Zoning Commission on October 7,
2025.
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-25-0062 – Parvin Park, Block A, Lots 1-2 (Approved 7-0)
2. PowerPoint Slides
Town Staff Recommendation:
Town Staff recommends the Town Council take no action on this item.
Proposed Motion:
N/A
PLANNING
Page 95
Item 14.
EXISTING FIRE HYDRANTEXISTING FIRE HYDRANTEAST BROADWAY STREETCHURCH STREET
PARVIN STREETPROPOSED 8' CONCRETE TRAILPROPOSED PICNIC AREAPROPOSED 6' CONCRETE SIDEWALKPROPOSED 6' CONCRETE TRAILPROPOSED PARKING (3)PROPOSED 8' CONCRETE TRAILPROPOSED LIMESTONE BLOCKRETAINING SEAT WALLPROPOSED CONCRETERETAINING WALLPROPOSED PARKING CURBPROPOSED GUARDRAILPROPOSED ADA PARKING SIGNSPEED LIMIT SIGNPROPOSED RELOCATION TOTHIS LOCATIONPROPOSED TURN-DOWN CURBPROPOSED TURN-DOWN CURBPROPOSED PLAYGROUNDPROPOSED CONSTRUCTION STAGING AREA20' ALLEYVOLUME 116, PAGE 162D.R.C.C.T.BLOCK A, LOT 142,037 SQUARE FEET0.965 ACRES(PLAT = 300.00')(PLAT = 300.00')BLOCK A, LOT 241,937 SQUARE FEET0.963 ACRES(PLAT = 300.00')(PLAT = 300.00')N 89°37'03" E 300.27'S 00°33'02" E 140.00'S 89°37'03" W 300.27'N 00°33'02" W 140.00'N 00°33'02" W 140.00'N 89°37'03" E 300.27'S 00°33'02" E 140.00'S 89°37'03" W 300.27'FIFTH ST.(CALLED 60' RIGHT-OF-WAY)VOLUME 116, PAGE 162D.R.C.C.T.EAST BROADWAY STREETNO PARKINGEXISTING WATER LINEEXISTING OVERHEADELECTRICAL LINEEXISTING OVERHEADELECTRICAL LINEtnp projectsheetteague nall and perkins, inc825 Watters Creek Blvd., Suite M300Allen, Texas 75013214.461.9867 ph 214.461.9864 fxwww.tnpinc.comTBPELS:ENGR F-230; SURV 10011600, 10011601, 10194381GBPE:PEF007431; TBAE: BR 2673PRO24296Town of Prosper, TexasAUG 2025scalehorizvertwhen bar is1 inch longImprovements forPARVIN PARKrevisionno.datebyMIT
APEWSDNAACE
RDLRYXTE22FO17 GERI
ATSTEOA
S
ETTCCTETS
MYHAIH.09/09/2025SP1.01SITE PLAN1"=30'N/ASITE PLAN NOTESDATE PREPARED: AUG 2025DEVAPP-25-0062SITE PLANFORPARVIN PARKBLOCK A, LOTS 1 and 2TOWN OF PROSPER,COLLIN COUNTY, TEXASSITE DATA SUMMARY1 TOWN SITEPLAN SUBMITTAL 06/18/20252 REVISIONS PER TOWN'S MARKUPS 08/19/2025LOCATION MAPNOT TO SCALE3 REVISIONS PER TOWN'S MARKUPS 09/09/2025Page 96Item 14.
Parvin Park,
Block A, Lots 1 and 2
(DEVAPP-25-0062)
Page 97
Item 14.
Information
Purpose:
•Improve existing park amenities at Parvin Park.
•Loop Trail
•Park Furnishings
•Picnic Facilities
•Playground
Page 98
Item 14.
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Item 14.
Page 100
Item 14.
Page 1 of 2
To: Mayor and Town Council
From: Dan Baker, Director of Parks and Recreation
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Re: Subject – Park Improvement Fee Agreement for Creekside Development
Town Council Meeting – October 28, 2025
Strategic Visioning Priority: 1. Acceleration of Infrastructure
Agenda Item:
Consider and act upon a Park Improvement Fee Agreement between the Town of Prosper and
Shaddock-Creekside Prosper, LLC, for the Creekside development.
Description of Agenda Item:
By Town Ordinance, developers in Prosper are assessed park improvement fees for residential
development. These park improvement fees are used to build parks, park amenities, and hike and
bike trails. The fee structure is $1,500 per single-family residential unit.
The developer of Creekside is requesting consideration of an Agreement to:
(1) Receive a credit to the park improvement fees to fully fund the oversize cost of a ten-foot
Connector Trail as shown on the Town’s Hike and Bike Trail Master Plan along the east side
of Legacy Drive rather than the Town’s standard six-foot sidewalk. The trail improvements
are illustrated in Exhibit B of the attached Agreement. The developer will construct the trail
improvements outlined in the Agreement and provide proof of costs to Town Staff for review.
If the costs are approved, the amount of the increased construction costs will be credited
toward the park improvement fee due to the Town.
(2) The resulting park improvement fee due from the Developer shall be placed into an escrow
account to be used towards development of the proposed Neighborhood Park within the
Creekside community. The land area for the Neighborhood Park is being dedicated by the
Developer to satisfy the Town’s parkland dedication requirements and the provisions of the
PD for the property. Developer and Town will work together to agree on the final design and
budget for the park improvements. The Town shall deposit funds into the escrow account in
an amount that the Town funds plus the park improvement fees paid by the Developer shall
be sufficient to pay for the completion of the park improvements.
The property was dedicated in accordance with dedication requirements of the subdivision
ordinance. The proposed park was included as part of the Parks Master Plan approved this year.
PARKS AND RECREATION
DEPARTMENT
Page 101
Item 15.
Page 2 of 2
The Parks and Recreation Board approved recommending this Park Improvement Fee Agreement
on October 9, 2025, with a 5 to 1 vote. The Parks and Recreation Board further recommends that
additional funding be identified to amenitize the park as quickly as possible.
Budget Impact:
Park improvement fees due for Creekside – 221 lots @ $1,500 = $331,500.
Connector Trail along Legacy increased cost credit to park improvement fees due = ±$50,000
Park improvement fees to be paid into escrow for Park improvements = ±$281,500
Park improvements estimated construction costs = $723,598
Estimated Town funds to be paid into escrow towards Park improvements = ±$442,098
The developer requests that the park improvement fees and the Town funds be placed in an escrow
account to be used to complete the Park improvements. The developer will manage the construction
of the park improvements, and the contractors shall be reimbursed from the escrow account for
actual expenses that are approved by the Town. Furthermore, the Town will maintain the park
improvements upon completion (estimated summer 2026). The Town’s portion of the cost will be
covered by existing park fees or project savings.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form
and legality.
Attached Documents:
1. Park Improvement Fee Agreement for Creekside
2. Exhibits A, B, C, D, and E
Town Staff Recommendation:
Town Staff recommends approval of a Park Improvement Fee Agreement between the Town of
Prosper and Shaddock-Creekside Prosper, LLC, for the Creekside development.
Proposed Motion:
I move to approve a Park Improvement Fee Agreement between the Town of Prosper and Shaddock-
Creekside Prosper, LLC, for the Creekside development.
Page 102
Item 15.
PARK IMPROVEMENT FEE AGREEMENT – Page 1
(Creekside)
After Recording Return to:
Town Manager
Town of Prosper
P. O. Box 307
Prosper, Texas 75078
PARK IMPROVEMENT FEE AGREEMENT
(CREEKSIDE)
THIS PARK IMPROVEMENT FEE AGREEMENT (the "Agreement") is made and
entered into as of this _____ day of ____________, 2025 (the "Effective Date"), by and among
SHADDOCK-CREEKSIDE PROSPER LLC, a Texas limited liability company ("Developer")
Developer, and the TOWN OF PROSPER, TEXAS, a Texas home-rule municipality ("Town"),
on the terms and conditions hereinafter set forth.
W I T N E S S E T H:
WHEREAS, Developer desires to fulfill its park improvement fee obligations associated
with the development of the Property (as hereinafter defined in Section 1), as prescribed in the
Town's ordinances; and
WHEREAS, in consideration of Developer's actions set forth below, the Town agrees that
Developer may fulfill its park improvement fee obligations in the manner set forth below.
NOW, THEREFORE, in consideration of the covenants and conditions contained in this
Agreement, Town, and Developer agree as follows:
1. Land Subject to Agreement. The land that is subject to this Agreement is that certain
real property owned by Developer in the Town of Prosper, Denton County, Texas, as more
particularly described on Exhibit A, attached hereto and incorporated herein by reference (the
"Property"); and
2. Assessments. Notwithstanding any provision in this Agreement to the contrary, the
Property shall be assessed park improvement fees in the amount of $1,500 per single family unit
and $2,000 per multi-family unit, in the Property (the "Park Improvement Fees") in accordance
with the Town's ordinances as they now exist or hereafter may be amended. These payments of
and/or credits to the Park Improvement Fees shall be in accordance with the obligations set forth
in this Agreement.
3. Park Improvement Fees Credits.
(a) The Town shall provide credits to the Park Improvement Fees in an amount equal
to the Construction Costs (as hereinafter defined in Section 3(b)) of the trails constructed
by Developer adjacent to the Property as generally shown on Exhibit B and illustrated on
the Town’s Hike and Bike Master Plan (collectively, the "Trail Improvements") less the
cost to construct a standard width sidewalk (the "Trail Upsize Costs"). Provided that the
Developer completes the Trail Improvements in accordance with this Agreement, the Town
Page 103
Item 15.
PARK IMPROVEMENT FEE AGREEMENT – Page 2
(Creekside)
shall provide Credits (as hereinafter defined in Section 3(c)) to residential development
within the Property for the Trail Upsize Costs of the Trail Improvements. No Credits will
be given to non-residential developments.
(b) As a condition to receiving any Credit, Developer shall tender to the Town
evidence, in a form(s) reasonably acceptable to the Town, including affidavits of
payment/affidavits as to debts and liens ("Evidence of Payment(s)"), of the Construction
Costs incurred and paid by Developer. The term "Construction Costs" as used herein
shall include engineering and landscape architecture design costs, surveying costs,
construction costs, and geotechnical materials testing costs.
(c) Upon Developer providing the Town the Evidence of Payment(s), the Town will
credit the Developer for the amount of Trail Upsize Costs (the "Credit") set forth in the
Evidence of Payment(s), which Credit shall be applied toward the actual amount of the
Park Improvement Fees due or that may become due on the Property.
(d) Developer represents that the estimated construction costs for upsizing of the Trail
Improvements are Fifty Thousand and No/100 Dollars ($50,000.00) (the "Estimated Trail
Upsize Costs"), as more particularly described in Exhibit E, attached hereto and
incorporated herein for all purposes.
(e) If the Park Improvement Fees which are due on the Property at any time exceed the
amount of the Credit available at such time, then Developer shall tender the remaining
balance of Park Improvement Fees due (the "Paid Park Improvement Fees") under the
Town's ordinances.
(f) The Town agrees to deposit the Paid Park Improvement Fees in and provide
Reimbursements (as hereinafter defined in Section 5(c)) to Developer from, a segregated
escrow account (the "Escrow Account"). The Town shall provide statements upon request
by Developer showing the balance of such Escrow Account.
4. Park Improvements. Developer and Town agree to complete improvements to the
approximately 7.0 acres of land within the Property to be dedicated via plat to the Town and as
described on Exhibit D (the "Parkland").
(a) The improvements proposed for the Parkland are generally shown on Exhibit C (the
"Park Improvements"). Developer represents that the estimated construction costs for
the Park Improvements are Seven Hundred Twenty-Three Thousand Five Hundred Ninety-
eight and No/100 Dollars ($723,598.00) (the "Estimated Park Improvements Costs"), as
more particularly described in Exhibit E. The final scope of the Park Improvements and
the resulting estimated construction costs shall be developed and agreed upon by both
Developer and the Town.
(b) Developer shall obtain bids on the construction of the Park Improvements from at
least three (3) qualified contractors and shall provide a copy of such bids received, together
with an estimated time frame for completion of construction of such portion of the Park
Improvements, to the Town for their review and approval (the "Approved Contractor(s)"
and the "Approved Costs").
Page 104
Item 15.
PARK IMPROVEMENT FEE AGREEMENT – Page 3
(Creekside)
(c) Town shall deposit funds (the "Town Funds") into the Escrow Account such that
the Town Funds plus the Paid Park Improvement Fees (the "Escrow Funds") total to an
amount equal to the 110% of the Approved Costs. Developer represents that the estimated
Town Funds are Four Hundred Forty-two Thousand Ninety-eight and No/100 Dollars
($442,098.00)
(d) Developer shall: (i) execute a contract for the construction of the Park
Improvements; (ii) manage the construction of the Park Improvements; and (iii) use
commercially reasonable efforts to complete the Park Improvements within the applicable
estimated time frame and obtain the Town's acceptance of same.
(e) Provided that the Developer constructs the Park Improvements in accordance with
this Agreement, the Town shall provide Disbursements (as hereinafter defined in Section
4(g)) from the Escrow Account to Approved Contractor(s) up to once per month for the
Construction Costs of the Park Improvements.
(f) Developer shall review and approved applications for payment from the Approved
Contractor(s) and tender to the Town a recommendation for Disbursement from the Escrow
Account for the portion of the Park Improvements completed by the Approved
Contractor(s) (each, a "Payment Request").
(g) The Town will provide payment to the Approved Contractor(s) for the amount of
the Construction Costs for the Park Improvements completed to date (each, a
"Disbursement") set forth in the Payment Request.
(h) Disbursements shall be paid to Approved Contractor(s) until the entire amount of
the Construction Costs for the Park Improvements have been disbursed to Approved
Contractor(s); provided, however, such Disbursements shall not exceed the Approved
Costs unless the amount by which the actual Construction Costs incurred exceeds the
Approved Costs is approved by the Town.
(i) If all Disbursements for the Park Improvements have been made or Developer and
Town have terminated this Agreement, the Town may transfer any remaining Escrow
Funds to the Town's general permanent park fees fund.
(j) The Park Improvements shall be constructed in accordance with all applicable
Town ordinances, rules and regulations, and substantially in accordance with the plans and
specifications to be prepared by Developer and approved by the Town for construction of
the Park Improvements. Any modification or amendment to such plans and specifications
is subject to approval by Developer and the Town, which approval will not be unreasonably
withheld, conditioned or delayed.
(k) Notwithstanding anything to the contrary set forth herein or in applicable Town
ordinances, rules or regulations, the Town agrees that if, in connection with construction
of the Park Improvements, any trees are required to be removed pursuant to the Town
approved plans and specifications for construction of the Improvements, Developer shall
not be required to comply with any applicable tree mitigation requirements. Developer
Page 105
Item 15.
PARK IMPROVEMENT FEE AGREEMENT – Page 4
(Creekside)
must inform the Town of any tree removals and must limit the tree removal to those areas
that are required to complete the Park Improvements.
5. Park Improvements Maintenance Obligations. Town agrees, at its sole cost and
expense, to maintain the completed Park Improvements within the Parkland in accordance with
Town Standards including (i) mowing and maintenance of the landscaping and (ii) maintenance
of the irrigation system (the "Maintenance Obligations"). The Town and Developer agree that
under no circumstances shall the Developer be responsible for any part or portion of the costs
associated, directly or indirectly, with the Maintenance Obligations.
6. Default. Prior to the exercise of any remedy by the Town or Developer due to a default by
any of the parties, (i) the non-defaulting party shall deliver a written notice to the defaulting party
formally notifying in reasonable detail the defaulting party of its default, and (ii) the default(s)
identified in the default notice shall not be a default hereunder and the non-defaulting party shall
not exercise any remedy if the default is cured within thirty (30) days following the defaulting
party's receipt of such default notice; provided, however, that if such default is non-monetary and
cannot reasonably be cured within such thirty (30) day period, the defaulting party may have a
reasonable period of time to cure such default if the defaulting party commences action to cure
such default within such period of thirty (30) days and thereafter diligently proceeds to cure such
default and provided that such extended period does not exceed an additional thirty (30) days.
Notwithstanding anything to the contrary, the parties agree that if a default is not cured within the
applicable time period, the sole and exclusive remedies of the non-defaulting party will be to
terminate this Agreement and thereafter the parties will not have any further rights, duties or
obligations under this Agreement, except that any obligations or liabilities that accrued prior to the
date of termination will survive.
7. Covenant Running with Land. The obligations set forth herein relate to the Property, in
whole and in part, and this Agreement shall be a covenant running with the land and the Property
and shall be binding upon the Developer and their respective successors, assignees, and grantees.
In addition, the parties shall cause this Agreement to be filed in the Real Property Records of
Denton County, Texas. Notwithstanding the foregoing, the obligations herein that burden the
Property shall be released either by (i) upon request by Developer upon completion of the Trail
Improvements within its limits and payment of its Park Improvement Fees as established by
Section 2 less the Credits established by Section 3(c), or (ii) upon request by Developer upon
completion of items in (i), completion of the Park Improvements, and receipt of all
Reimbursements for the Park Improvements as established by Section 4(g), or (iii) automatically
as to each lot therein which is conveyed subsequent to the final plat for the Property, or portion
thereof, being reviewed, approved and executed by the Town and filed in the Denton County Real
Property Records. Any third party, including any title company, grantee or lien holder, shall be
entitled to rely upon this Section to establish whether such termination has occurred with respect
to any lot.
8. Notices. Any notice provided or permitted to be given under this Agreement must be in
writing and may be served by depositing same in the United States mail, addressed to the party to
be notified, postage pre-paid and registered or certified with return receipt requested, or by
delivering the same in person to such party via facsimile or a hand–delivery service, Federal
Express or any courier service that provides a return receipt showing the date of actual delivery of
Page 106
Item 15.
PARK IMPROVEMENT FEE AGREEMENT – Page 5
(Creekside)
same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt
at the address of the addressee. For purposes of notice, the addresses of the parties shall be as
follows:
If to Town: Town of Prosper
Attn: Town Manager
250 W. First Street
P. O. Box 307
Prosper, Texas 75078
Telephone: (972) 346-2640
With a copy to: Town Attorney
250 W. First Street
P. O. Box 307
Prosper, Texas 75078
Telephone: (972) 346-2640
If to Developer: Shaddock-Creekside Prosper LLC
ATTN: William Shaddock
2400 Dallas Parkway, Suite 560
Plano, TX 75093
Telephone: (972) 985-5505
9. Captions and Headings. The captions and headings of the Sections of this Agreement are
for convenience and reference only and shall not affect, modify or amplify the provisions of this
Agreement nor shall they be employed to interpret or aid in the construction of this Agreement.
10. Application of Texas Laws and Venue. This Agreement shall be governed by and
construed in accordance with the laws of the State of Texas, and all obligations of the parties
created hereunder are performable in Denton County, Texas. Venue for any action arising under
this Agreement shall lie in Denton County, Texas.
11. Prevailing Party in Event of Legal Action. In the event any person initiates or defends
any legal action or proceeding to enforce or int erpret any of the terms of this Agreement, the
prevailing party in any final non-appealable judgement 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).
12. Entire Agreement. This Agreement contains the entire agreement between the parties
hereto and supersedes all prior agreements, oral or written, with respect to the subject matter
hereof. The provisions of this Agreement shall be construed as a whole and not strictly for or
against any party.
13. Invalidation. Invalidation of any one of the provisions of this document by judgment or
court order shall in no way affect any of the other provisions, which shall remain in full force and
effect.
Page 107
Item 15.
PARK IMPROVEMENT FEE AGREEMENT – Page 6
(Creekside)
14. Counterparts. A telecopied facsimile or emailed pdf of a duly executed counterpart of
this Agreement shall be sufficient to evidence the binding agreement of each party to the terms
herein.
15. Town Manager Authorized to Execute. The Town Manager of the Town of Prosper is
authorized to execute this Agreement on behalf of the Town.
16. Severability. In the event any provision of this Agreement shall be determined by any
court of competent jurisdiction to be invalid or unenforceable, the Agreement shall, to the extent
reasonably possible, remain in force as to the balance of its provisions as if such invalid provision
were not a part hereof.
17. Binding Obligation. The Agreement shall become a binding obligation on the signatories
upon execution by all signatories hereto. The Town warrants and represents that the individual
executing this Agreement on behalf of the Town has full authority to execute this Agreement and
bind the Town to the same. Developer warrants and represents that the individual executing this
Agreement on its behalf has full authority to execute this Agreement and bind Developer to same.
Further, this Agreement is and shall be binding upon Developer, its successors, heirs, assigns,
grantees, vendors, trustees, representatives, and all others holding any interest now or in the future.
18. 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 mediation.
19. Roughly Proportionate Determination under Texas Law. Developer has been
represented by legal counsel in the negotiation of this Agreement and been advised, or have had
the opportunity to have legal counsel review this Agreement and advise Developer regarding
Developer's rights under Texas and federal law. Developer hereby waives any requirement that
the Town retain a professional engineer, licensed pursuant to Chapter 1001 of the Texas
Occupations Code, to review and determine that the exactions required by the Town in this
Agreement, if any, as a condition of zoning approval, including the terms of this Agreement, are
roughly proportional or roughly proportionate to the Project's anticipated impact. Developer
specifically reserves their rights to appeal the apportionment of municipal infrastructure costs in
accordance with § 212.904 of the Texas Local Government Code; however, notwithstanding the
foregoing, Developer hereby waives and releases the Town from any and all liability under §
212.904 of the Texas Local Government Code, as amended, regarding or related to the cost of
those municipal infrastructure improvements required by this Agreement. This Paragraph shall
survive the termination of this Agreement.
20. Rough Proportionality Determination under Federal Law . Developer hereby waives
any federal constitutional claims and any statutory or state constitutional takings claims under the
Texas Constitution and Chapter 395 of the Texas Local Government Code in regard to this
Agreement. Developer and the Town further agree to waive and release all claims one may have
against the other related to any and all rough proportionality and individual determination
requirements in this Agreement, if any, mandated by the United States Supreme Court in Dolan v.
City of Tigard, 512 U.S. 374 (1994), and its progeny, as well as any other requirements of a nexus
between development conditions and the projected impact of the terms of this Agreement.
Page 108
Item 15.
PARK IMPROVEMENT FEE AGREEMENT – Page 7
(Creekside)
Developer further acknowledges that the benefits of zoning and platting have been accepted with
full knowledge of potential claims and causes of action which may be raised now and in the future,
and Developer acknowledges the receipt of good and valuable consideration for the release and
waiver of such claims. This Paragraph shall survive the termination of this Agreement.
21. Vested Rights/Chapter 245 Waiver. The signatories hereto shall be subject to all
ordinances of the Town, whether now existing or in the future arising. This Agreement shall confer
no vested rights on the Property, or any portion thereof, unless specifically enumerated herein. In
addition, nothing contained in this Agreement shall constitute a "permit" as defined in Chapter
245, Texas Local Government Code, and nothing in this Agreement provides the Town with fair
notice of Developer's project. This Section shall survive the termination of this Agreement.
22. Developer's Warranties/Representations. All warranties, representations and covenants
made by Developer in this Agreement or in any certificate or other instrument delivered by
Developer to the Town under this Agreement shall be considered to have been relied upon by the
Town and will survive the satisfaction of any fees under this Agreement, regardless of any
investigation made by the Town or on the Town's behalf.
23. Consideration. This Agreement is executed by the parties hereto without coercion or
duress and for substantial consideration, the sufficiency of which is forever confessed.
24. Sovereign Immunity. The parties agree that the Town has not waived its sovereign
immunity by entering into and performing its obligations under this Agreement, except as to
Chapter 271, Subchapter I of the Local Government Code, to the extent applicable, if at all.
25. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create
any right in any third party not a signatory to this Agreement, and the parties do not intend to create
any third party beneficiaries by entering into this Agreement.
26. Conveyances. All conveyances required herein shall be made in a form acceptable to the
Town and free and clear of any and all liens and encumbrances.
27. Waiver. Waiver by any party of any breach of this Agreement, or the failure of any party
to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit
or waive any such party's right thereafter to enforce and compel strict compliance.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.]
Page 109
Item 15.
PARK IMPROVEMENT FEE AGREEMENT – Signature Page 1
(Creekside)
IN WITNESS WHEREOF, the parties have executed this Agreement and caused this
Agreement to be effective as of the Effective Date.
TOWN:
TOWN OF PROSPER, TEXAS
By:
Mario Canizares, Town Manager
STATE OF TEXAS §
§
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day personally appeared Mario
Canizares, Town Manager, known to me to be one of the persons whose names are subscribed to
the foregoing instrument; he acknowledged to me he is the duly authorized representative for THE
TOWN OF PROSPER, TEXAS, and he executed said instrument for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _____ day of
___________________, 2025.
Notary Public in and for the State of Texas
My Commission Expires: __________________________
Page 110
Item 15.
PARK IMPROVEMENT FEE AGREEMENT – Signature Page 2
(Creekside)
DEVELOPER:
SHADDOCK-CREEKSIDE PROSPER LLC
a Texas limited liability company
By:
William C. Shaddock, Jr., Manager
STATE OF TEXAS §
§
COUNTY OF _____________ §
BEFORE ME, the undersigned authority, a Notary Public, on this day personally appeared
William C. Shaddock, Jr., Manager of SHADDOCK-CREEKSIDE PROSPER LLC, a Texas
limited liability company, known to me to be the person and officer whose name is subscribed to
the foregoing instrument, and who acknowledged to me that he executed the same for the purposes
and consideration therein expressed and in the capacity therein stated on behalf of said limited
liability company.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _____ day of
________________________, 2025.
Notary Public in and for the State of Texas
My Commission Expires:
Page 111
Item 15.
Exhibit A – Legal Description of the Property
(Creekside)
Exhibit A
Legal Description of the Property
Page 112
Item 15.
Exhibit B – Trail Improvements
(Creekside)
Exhibit B
Trail Improvements
Page 113
Item 15.
Exhibit C – Depiction of the Park Improvements
(Creekside)
Exhibit C
Park Improvements
Page 114
Item 15.
Exhibit D – Legal Description of the Parkland
(Creekside)
Exhibit D
Legal Description of the Parkland
Page 115
Item 15.
Exhibit E – Estimated Costs
(Creekside)
Exhibit E
Estimated Costs
Page 116
Item 15.
Exhibit E – Estimated Costs
(Creekside)
Page 117
Item 15.
A.
Qty Unit Description Unit Price Total
11 LS
Final Grading $8,500.00 $8,500.00
2 1 EA Electrical Service and/or Lighting $18,500.00 $18,500.00
3 1 LS Park Signage $35,000.00 $35,000.00
4 15,670 SF
10'-0" Width Concrete Sidewalk $7.50 $117,525.00
52EABarrier Free Ramp $1,450.00 $2,900.00
6 1 LS Misc. materials provided by landscape contractor $24,500.00 $24,500.00
759EA4" cal. Shade Trees (spaced 40' on center along right of
way areas only)$685.00 $40,415.00
8 306,668 SF Common Bermuda Solid Sod $0.58 $177,867.44
9 306,668 SF
Complete Irrigation System $0.85 $260,667.80
10 1 LS Projected LA Design Fees $37,723.14 $37,723.14
$723,598.38
Base Park Improvements
Subtotal: Base Park Improvements
Architect's Preliminary Cost Estimate
RE: Creekside - Neighborhood Park Improvements
Town of Prosper, Collin County, Texas
1-Jul-25
Prepared By: Cody Johnson PLA, ASLA, LI
Johnson Volk Consulting, Inc.
Page 118
Item 15.
104954333852515046484744453435363741394042434310291876513101112789416652141531817112353432918765ABCJE11X19X1X60XBENCHMARK LN.CHISWICK LN.HILLARY DR.EMBERCREST LN.STRASBURG LN.STREET ABTYPICAL LOT DETAILPER PD-129N.T.S.CURVE/C*FRONT SETBACK PER PRELIMINARY PLAT VARIES +**REAR SETBACK MAY REDUCE TO 20' WHEN FRONT***LENGTHS PROVIDED ARE BASED ON 25' SETBACKSTAGGERING 25'-35' SETBACKSTYPE (>11,00TYPE (>12,00LOT W(PER Z7.034 ACRESPage 119
Item 15.
7
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BENCHMARK LN.STRASBURG LN.EMBERCREST LN.
*BANCROFT DR.CREEKSIDE - NEIGHBORHOOD PARK
PRELIM COST ESTIMATE EXHIBIT
PHASE 1
LANDSCAPE LEGEND
LANDSCAPE AREA TO INCLUDE
COMMON BERMUDA GRASS SOD, TREES
AND IRRIGATION.
10' WIDTH CONCRETE TRAIL
40 20
SCALE 1" = 40'
0 40
N
PARK SIGNAGE*
TYP. STREET TREES
ELEVATION SCALE: 1/4" = 1'-0"
10' WIDTH CONCRETE TRAIL.
4" CAL. SHADE
TREES @ 40' O.C.
COMMON
BERMUDA SOD
COMMON
BERMUDA SOD
Page 120
Item 15.
P.O.C.Collin County
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LEGACY DRIVE
FRONTIER PARKWAYJohn McKim SurveyAbstract No. 889P.O.B.G:\TXN\Projects\Shaddock Homes\12847-00-Legacy_and_Frontier_120_ac_Due_Dilig\SV\04_CAD\12847-00_ALTA.dwg 2024-04-22-16:03 mpeace
200100500SCALE: 1" = 100'Copyright 2024BGE, Inc.2595 Dallas Parkway, Suite 101, Frisco, TX 75034Tel: 972-464-4800 • www.bgeinc.comTBPELS Registration No. 10193953ALTA/NSPS LAND TITLE SURVEY90.730 ACRESBEING SITUATED IN THECOLLIN COUNTY SCHOOL LAND SURVEY,ABSTRACT NO. 147TOWN OF PROSPER, COLLIN COUNTY, TEXASAPRIL 22, 2024CLIENTSURVEYORContact: Mark Peace, R.P.L.S.Telephone: 972-464-4884 • Email: mpeace@bgeinc.comSHADDOCKACQUISITIONS, LLC2400 Dallas Parkway, Suite 560Plano, Texas 75093Contact: Will ShaddockPhone: 214-225-9643GENERAL NOTES:1.Bearing system for this survey is based on the North American Datum of 1983, NA2011 (Epoch 2010.00), Texas State PlaneCoordinate System, North Central Zone (4202) with an applied combined scale factor of 1.000152710. Distances and areasshown are surface values in U.S. Survey Feet.2.The floodplain boundaries shown hereon are approximate and are not depicted as a result of an on-the-ground survey. Thesubject tract lies with Zone X and Zone AE as delineated on Flood Insurance Rate Map for Collin County, Texas andIncorporated Areas, Map Number 48085C0115J with Map Revised June 2, 2009.Zone X - Areas determined to be outside the 0.2% annual chance floodplainZone AE - (Special flood hazard areas subject to inundation by the 1% annual chance flood event) - Base floodelevations determined3.The square footage value shown hereon is a mathematical value calculated from the boundary data shown hereon. Thisvalue in no way represents the precision of closure of this survey or the accuracy of corner monuments found or placed.4.Fences depicted hereon are based on locations measured in the field; the dimensioned ties shown are at those particularlocations labeled only, the fence lines may meander between said measured locations.5.The surveyor was not provided a zoning report by the client at the time of this survey. (Table A, Item 6)6.Surveyor did not observe evidence of recent earth moving work, building construction or building additions in the process ofconducting the fieldwork. (Table A, Item 16)7.Surveyor is not aware of any proposed changes in street right of way lines, and did/did not observe evidence of recent streetor sidewalk construction or repairs observed in the process of conducting the fieldwork. (Table A, Item 17)SURVEYOR'S CERTIFICATETo: Shaddock Acquisitions, LLC,Capital Title of Texas, LLC:This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2021 MinimumStandard Detail Requirements for ALTA/NSPS Land Title Surveys, jointly established and adopted by ALTA and NSPS, andincludes Items 2, 3, 4, 6, 7, 8, 9, 13, 14, 16, and 17 of Table A thereof. The fieldwork was completed on March 14, 2024.Date of Plat or Map: April 22, 2024______________________________Gregory Mark Peace, RPLS No. 6608Preliminary, this document shall not berecorded for any purpose and shall notbe used or viewed or relied upon as afinal survey document.LEGAL DESCRIPTIONDESCRIPTION, of a 90.730-acre (3,952,213-square-foot) tract of land situated in the Collin County School Land Survey, AbstractNo. 147, Town of Prosper, Collin County, Texas; said tract being part of that certain tract of land described in Special WarrantyDeed to Legacy Frontier, LLC recorded in Instrument No. 20150203000121210 of the Official Public Records of Collin County,Texas; said 90.730-acre-tract of land being more particularly described by metes and bounds as follows:COMMENCING, at a 5/8-inch iron rod with illegible cap found at the intersection of the apparent centerline of Legacy Drive (avariable-width public right-of-way) and the south right-of-way line of Frontier Parkway (a variable-width public right-of-way); saidpoint being the northwest corner of said Legacy Frontier tract, the northeast corner of that certain tract of land described inRight-of-Way Warranty Deed to City of Celina recorded in Instrument No. 2022-24205 of the Official Records of Denton County,Texas, and the southeast corner of that certain tract of land described in Right-of-Way Dedication to the City of Celina recorded inInstrument No. 2008-9821 of said Official Records of Denton County;THENCE, South 00 degrees 30 minutes 57 seconds West, with the apparent centerline of said Legacy Drive, a west line of saidLegacy Frontier tract, the east line of the first referenced City of Celina tract, and the east line of those certain tracts of landdescribed in Special Warranty Deeds to Merritt/Thornton Farm Partnership, L.P. recorded in Instrument No. 99-096577,99-096578, and 99-096579 of the Deed Records of Denton County, Texas, a distance of 189.17 feet to a 5/8-inch iron rod with"RPLS 5674" cap found; said point being a southwest corner of said Legacy Frontier tract, the northwest corner of that certaintract of land described in Right-of-Way Warranty Deed to the Town of Prosper recorded in 20100518000498080 of said OfficialPublic Records of Collin County, and the northeast corner of that certain tract of land described in General Warranty Deed toDenton County, Texas recorded in Instrument No. 2010-62874 of said Official Records of Denton County;THENCE, South 89 degrees 49 minutes 05 seconds East, departing the apparent centerline of said Legacy Drive and the saideast line of Merritt/Thornton tract and with a south line of said Legacy Frontier tract and the north line of said Town of Prospertract, a distance of 39.21 feet to a point; said point being an ell corner of said Legacy Frontier tract and the northeast corner ofsaid Town of Prosper tract;THENCE, South 00 degrees 10 minutes 55 seconds West, with a west line of said Legacy Frontier tract and the east line of saidTown of Prosper tract, a distance of 320.00 feet to a 5/8-inch iron rod; said point being an ell corner of said Legacy Frontier tractand the southeast corner of said Town of Prosper tract;THENCE, North 89 degrees 49 minutes 05 seconds West, with a north line of said Legacy Frontier tract and the south line of saidTown of Prosper tract, a distance of 40.90 feet to a PK nail found in the said apparent centerline of Legacy Drive; said point beinga northwest corner of said Legacy Frontier tract, the southwest corner of said Town of Prosper tract, the southeast corner of saidDenton County tract, and a northeast corner of that called 26.822-acre tract described in Special Warranty Deed to MerrittCrossing Development LLC recorded in Instrument No. 2021-213963 of said Official Records of Denton County;THENCE, South 00 degrees 29 minutes 02 seconds West, with the said apparent centerline of Legacy Drive, a west line of saidLegacy Frontier tract, and an east line of said Merritt Crossing Development tract, a distance of 358.02 feet to a 5/8-inch iron rodwith "BGE" cap set for corner at the POINT OF BEGINNNING;THENCE, North 89 degrees 17 minutes 48 seconds East, departing the said apparent centerline of Legacy Drive, the said eastline of Merritt Crossing Development tract, and the said west line of Legacy Frontier tract and into and across said LegacyFrontier tract, a distance of 1,515.50 feet to a 5/8-inch iron rod with "BGE" cap set for corner in an east line of said LegacyFrontier tract and a west line of a called 99.522-acre tract of land described as Tract 1 in Special Warranty Deed to TollSouthwest LLC recorded in Instrument No. 2024000009613 of said Official Public Records of Collin County;THENCE, South 00 degrees 00 minutes 38 seconds East, with the said east line of Legacy Frontier tract and the said west line ofTract 1, a distance of 288.74 feet to a 1/2-inch iron rod found for corner; said point being an interior corner of said Legacy Frontiertract and a southwest corner of said Tract 1;THENCE, North 89 degrees 11 minutes 50 seconds East, with a north line of said Legacy Frontier tract and a south line of saidTract 1, a distance of 1,532.96 feet to a 1/2-inch iron rod with illegible cap found for corner; said point being a northeast corner ofsaid Legacy Frontier tract and an interior corner of said Tract 1;THENCE, South 01 degrees 14 minutes 54 seconds East, with an east line of said Legacy Frontier tract and a west line of saidTract 1, a distance of 1,151.46 feet to a 60D nail found for corner in the north line of a called 221.617-acre tract of land describedin Special Warranty Deed to BGY Prosper 221 LLC in Instrument No. 20171121001544530 of said Official Public Records ofCollin County; said point being the southeast corner of said Legacy Frontier tract and the southwest corner of said Tract 1;THENCE, South 89 degrees 13 minutes 16 seconds West, with the south line of said Legacy Frontier tract and the said north lineof BGY Prosper 221 tract, a distance of 1,063.46 feet to a 5/8-inch iron rod with "KHA" cap found for corner; said point being anangle point for said Legacy Frontier tract, the northwest corner of said BGY Prosper 221 tract, and the northeast corner of acalled 37.554-acre tract of land described as Tract 2 in Special Warranty Deed to Toll Southwest LLC recorded in Instrument No.2024000009613 of said Official Public Records of Collin County;THENCE, South 89 degrees 44 minutes 50 seconds West, continuing with the south line of said Legacy Frontier tract and withthe north line of said Tract 2 and the north line of that called 38.572-acre tract of land described in Special Warranty Deed toProsper Independent School District recorded in Instrument No. 20200817001344070 of said Official Public Records of CollinCounty, at a distance of 645.55 feet passing a 1/2-inch iron rod found for the northwest corner of said Tract 2 and the northeastcorner of said Prosper Independent School District tract and continuing for a total distance of 2,022.01 feet to a point for corner inthe said apparent centerline of Legacy Drive and in the said east line of Merritt Crossing Development tract; said point being thesouthwest corner of said Legacy Frontier tract and the northwest corner of said Prosper Independent School District tract;THENCE, North 00 degrees 29 minutes 02 seconds East, with the said apparent centerline of Legacy Drive, the west line of saidLegacy Frontier tract, and the east line of said Merritt Crossing Development tract, a distance of 1,423.27 feet to the POINT OFBEGINNING and containing 90.730 acres or 3,952,213 square feet of land, more or less.Preliminary, this document shallnot be recorded for any purposeand shall not be used or viewed orrelied upon as a final surveydocument.SCHEDULE B NOTES10h. The Denton County Electric Cooperative, Inc. easement recorded in Volume 401, Page 413 of the Deed Records of DentonCounty, Texas as affected by partial releases recorded in Volume 694, Page 624 and Volume 700, Page 809, both of saidDeed Records of Denton County, does not affect the subject property.10i. Due to the vague description of the Texas Power & Light Company Easement recorded in Volume 254, Page 88 of theDeed Records of Collin County, Texas, the surveyor is unable to determine the exact location of said easement. However,the surveyor did observe power poles and overhead lines on the subject property as shown hereon.10k.The City of Celina Drainage Easement recorded in Instrument No. 20180306000276350 of the Official Public Records ofCollin County, Texas does not affect the subject property as shown hereon.VICINITY MAP(NOT TO SCALE)FRONTIERLEGACY
PROSPER TRAILPARVINPROSPER RDMAILBOXPIN FLAG FIBER OPTICPOWER POLEGAS TEST STATIONSANITARY SEWER MANHOLEFIRE HYDRANTBURIED FIBER OPTIC MARKERPROPERTY CORNERD.R.C.C.T.DEED RECORDS OFCOLLIN COUNTY, TEXASBOUNDARY LINELEGENDP.O.B.POINT OF BEGINNINGO.P.R.C.C.T.OFFICIAL PUBLIC RECORDS OFCOLLIN COUNTY, TEXASPROPERTY LINEABSTRACT LINEFEMA FLOOD LINEEXISTING EASEMENT LINEUNDERGROUND FIBER OPTIC LINEOVERHEAD ELECTRIC LINEASPHALT PAVEMENTD.R.D.C.T.DEED RECORDS OFDENTON COUNTY, TEXASO.R.D.C.T.OFFICIAL RECORDS OFDENTON COUNTY, TEXASVOL.VOLUMEPG.PAGEINST. NO.INSTRUMENT NUMBERDOC. NO.DOCUMENT NUMBERIRRIGATION CONTROL VALVEIRRIGATION CONTROL BOXWATER METERWATER VALVESTORM DRAIN MANHOLECLEANOUTTELEPHONE PEDESTALGAS LINE MARKERLIGHT POLEP.O.C.POINT OF COMMENCINGPage 121Item 15.
593467812374039383643X55X4142AECALLED 120.525 ACRESLEGACY FRONTIER, LLC(INST. NO. 20150203000121210)O.P.R.C.C.T.LOT 1, BLOCK AMERRITT CROSSING(INST. NO. 2024-326)O.R.D.C.T.LOT 2, BLOCK AMERRITT CROSSING(INST. NO. 2024-326)O.R.D.C.T.LEGACY DRIVE(VARIABLE-WIDTH PUBLIC RIGHT-OF-WAY)CREEKSIDESINGLE-FAMILYDEVELOPMENYLEGENDPROPOSED HIKE AND BIKE TRAILJOB #:DATE:SHEET:SCALE:2595 Dallas Parkway, Suite 101, Frisco, TX 75034BGE, Inc.TBPE Registration No. F-1046Tel: 972-464-4800 ●www.bgeinc.com12847-01CREEKSIDE1" = 100'2025-02-13OF 1N.T.S.1 OF 1AUGUST 202512847-01EXHIBIT BTRAIL IMPROVEMENTSVICINITY MAP(NOT TO SCALE)Page 122Item 15.