06.23.20 Town Council Regular Meeting Packet
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Prosper is a place where everyone matters.
Notice Regarding Public Participation
Governor Greg Abbott has granted a temporary suspension of certain rules to allow for telephone
or videoconference public meetings in an effort to reduce in-person meetings that assemble large
groups of people, due to the COVID-19 public health emergency.
Individuals may attend the Prosper Town Council meeting in person, or access the meeting via
videoconference, or telephone conference call.
Join the Zoom Meeting by clicking on the following link:
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Enter Meeting ID: 87047432329
To request to speak, click on “Participants” at the bottom of the screen, and click “Raise Hand.”
The meeting moderator will acknowledge your request and allow you to speak.
To join the meeting by phone, dial (346) 248-7799
Enter Meeting ID: 87047432329
To request to speak, enter *9, and *6 to mute/unmute yourself. The meeting moderator will
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If you encounter any problems joining or participating in the meeting, please call our help
line at 972-569-1191 for assistance.
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.
For individuals wishing to speak on a non-public hearing item, they may either address the Council
during the Citizen Comments portion of the meeting or when the item is considered by the Town
Council.
Call to Order/ Roll Call.
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Announcements of recent and upcoming events.
Presentations.
1. Presentation by Prosper nonprofit organizations on the impact of COVID-19. (RB)
Agenda
Prosper Town Council Meeting
Council Chambers
Prosper Town Hall
250 W. First Street, Prosper, Texas
Tuesday, June 23, 2020
5:45 PM
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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 from the June 9, 2020, Town Council
meeting. (ML)
3. Consider and act upon authorizing the Town Manager to execute an Interlocal
Cooperation Agreement between Denton County and the Town of Prosper related to
the Coronavirus Aid, Relief, and Economic Security (CARES) Act. (HJ)
4. Consider and act upon an ordinance amending Ordinance No. 19-65 (FY 2019-2020
Budget). (BP)
5. Consider and act upon approving the purchase of Traffic Signal related items for the
Temporary Traffic Signal at Fishtrap & Gee Road and the Permanent Traffic Signal
at Coit Road & Richland Boulevard, from Consolidated Traffic Controls, Inc., through
the Houston-Galveston Area Council (HGAC) Cooperative Purchasing
Program. (PA)
6. Consider and act upon awarding CSP No. 2020-34-B to Ratliff Hardscape, Ltd. related
to construction services for the Whitley Place Trail Extension Project (1801-PK), and
authorizing the Town Manager to execute a construction agreement for same. (DR)
7. Consider and act upon authorizing the Town Manager to execute a License,
Maintenance, and Hold Harmless Agreement between Prosper 236, LLC, Lakewood
HOA, Inc., and the Town of Prosper, Texas, related to the installation and maintenance
of a screening wall and two columns within the right-of-way of Meadowbrook
Boulevard in the Lakewood, Phase 1A development. (DH)
8. Consider and act upon authorizing the Town Manager to execute a Sewer
Development Agreement between HH Lakewood LLC, and the Town of Prosper,
Texas, related to the extension of a sanitary sewer line to serve the Lakewood at
Brookhollow, Phase 3 development. (HW)
CITIZEN COMMENTS
The public is invited to address the Council on any topic. However, the Council is unable to
discuss or take action on any topic not listed on this agenda. Please complete a “Public Meeting
Appearance Card” and submit it to the Town Secretary prior to the meeting, or request to address
the Council via videoconference or telephone.
REGULAR AGENDA:
Items for Individual Consideration:
9. Conduct a Public Hearing and receive comments on the proposed updates to the
Roadway Design Standards. (DH)
10. Conduct a Public Hearing, and consider and act upon an ordinance rezoning 1.2±
acres from Planned Development-84 (PD-84) to Downtown Retail (DTR), located on
the northeast corner of Broadway Street and McKinley Street. (Z20-0012).
[Companion Case Z20-0011] (AG)
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11. Conduct a Public Hearing, and consider and act upon an ordinance amending Planned
Development-84 (PD-84), on 1.1+ acres, located on the southeast corner of Fifth
Street and McKinley Street, generally to amend the property boundary, permitted
uses, and development standards for Silo Park Food Truck Park. (Z20-0011)
[Companion Case Z20-0012] (AG)
12. Conduct a Public Hearing, and consider and act upon a request for Sign Waivers to
allow for a Subdivision Entry Sign and additional Development Signage in Windsong
Ranch. (MD20-0009) (AG)
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.
Section 551.072 – To discuss and consider purchase, exchange, lease or value of real
property for municipal purposes and all matters incident and related thereto.
Section 551-074 - To discuss and consider personnel matters and all matters
incident and related thereto.
Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Adjourn.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper
Town Hall, located at 250 W. First Street, Prosper, Texas 75078, a place convenient and readily
accessible to the general public at all times, and said Notice was posted by 5:00 p.m., on Friday,
June 19, 2020, and remained so posted at least 72 hours before said meeting was convened.
_______________________________ _________________________
Melissa Lee, Town Secretary Date Notice Removed
Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult
in closed session with its attorney and to receive legal advice regarding any item listed on this agenda.
NOTICE
Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited
to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with
approval of a majority vote of the Town Council.
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are wheelchair
accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569 -
1011 at least 48 hours prior to the meeting time.
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Prosper is a place where everyone matters.
Call to Order/ Roll Call.
The meeting was called to order at 5:47 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Curry Vogelsang, Jr.
Deputy Mayor Pro-Tem Jason Dixon
Councilmember Marcus E. Ray
Councilmember Craig Andres
Councilmember Meigs Miller
Council Members Absent:
Councilmember Jeff Hodges
Staff Members Present:
Harlan Jefferson, Town Manager
Terry Welch, Town Attorney
Melissa Lee, Town Secretary
Robyn Battle, Executive Director of Community Services
Chuck Springer, Executive Director of Administrative Services
Rebecca Zook, Executive Director of Development & Infrastructure Services
Leigh Johnson, Director of Information Technology
Betty Pamplin, Finance Director
Hulon Webb, Engineering Services Director
January Cook, Purchasing Manager
Pete Anaya, Assistant Director of Engineering Services – Capital Projects
John Webb, Development Services Director
Alex Glushko, Planning Manager
Doug Kowalski, Police Chief
Scott Brewer, Assistant Police Chief
Stuart Blasingame, Fire Chief
Dudley Raymond, Director of Parks and Recreation
Paul Naughton, Senior Park Planner, Parks and Recreation
Leslie Scott, Director of Library Services
Dan Heischman, Assistant Director of Engineering Services - Development
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Pastor Mike Martin, Hope Fellowship Church of Prosper, led the invocation. The Pledge of
Allegiance and the Pledge to the Texas Flag were recited.
Minutes
Prosper Town Council Meeting
Council Chambers
Prosper Town Hall
250 W. First Street, Prosper, Texas
Tuesday, June 09, 2020
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Announcements of recent and upcoming events.
Northbound Dallas Parkway traffic, south of First Street, will be transitioned from the east side
lane to the west side lane beginning on Wednesday, June 10. No delays are expected, but
travelers are urged to use caution in the area.
The Prosper Community Library is now offering “Library To-Go Services” for books, audiobooks,
and movies. Library cardholders can search the online catalog and place a hold for up to ten items
at a time. Library staff will email a notification when items are ready for pickup. For detailed
instructions and information, about our Library To-Go service, please visit the Library page on the
Town website.
Summer Reading Club is now available for readers of all ages. Library card holders can call the
library to sign up at 972-569-1185.
Registration is now open for Prosper’s summer recreation programs, camps, and classes. Sign
up at www.ProsperParksandRec.org. Active adults can enjoy a variety of virtual programs
including bingo, trivia, and online fitness classes.
Discussion Items.
1. Update from the Prosper Police Department. (DK)
Police Chief Doug Kowalski provided an overview of the Prosper Police Department’s
participation in the Texas Police Chief’s Association (TPCA) Best Practices
Recognition Program. Chief Kowalski also provided an update to the Council on
departmental written directives (policies & procedures), the code of conduct, bias
based policing, guidelines for the use of force, and racial profiling.
David Simpson, 4500 Blue Stem #26106, Prosper, commended the Prosper Police
Department on being ahead of the game regarding these issues and encouraged the
community to continue to discuss matters such as use of force.
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 from the May 23, 2020, Special Called
Meeting. (ML)
3. Consider and act upon the minutes from the May 26, 2020, Town Council
meeting. (ML)
4. Receive the April financial report. (BP)
5. Consider and act upon approving the purchase and installation of furniture for
the new Police Station and Dispatch Facility, from Workspace Interiors by Office
Depot, through the Omnia Partners Cooperative; and authorizing the Town
Manager to execute the Proposal and Terms and Conditions of Purchase for
same. (JC)
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8. Consider and act upon approving the purchase of a Subscription License for
total email protection from SHI Governmental Solutions, Inc., through a Texas
Department of Information Resources (DIR) contract and authorizing the Town
Manager to execute an agreement for same. (LJ)
9. Consider and act upon approving an Equipment Lease Agreement and Service
Agreement for copier equipment and managed print services, between
ImageNet Consulting, LLC, and the Town of Prosper, Texas, through a Texas
Department of Information Resources (DIR) contract; and authorizing the Town
Manager to execute the same. (LJ)
10. Consider and act upon whether to direct staff to submit a written notice of
appeal on behalf of the Town Council to the Development Services Department,
pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning
Ordinance, regarding action taken by the Planning & Zoning Commission on any
Site Plan or Preliminary Site Plan. (AG)
Deputy Mayor Pro-Tem Dixon removed Items 6 & 7 from the Consent Agenda.
Councilmember Miller made a motion and Deputy Mayor Pro-Tem Dixon seconded
the motion to approve Items 2-5, and 8-10 on the Consent Agenda.
The motion was approved by a vote of 6-0.
6. Consider and act upon Resolution 2020-49 authorizing the Town Manager to
execute an application to the Collin County Parks & Open Space Project Funding
Assistance Program for the construction of Hays Park. (DR)
Deputy Mayor Pro-Tem Dixon had a question on when the construction of Hays Park
would be moving forward. Dudley Raymond, Director of Parks and Recreation, stated
construction would start at the beginning of next year.
After discussion, Deputy Mayor Pro-Tem Dixon made a motion, and Councilmember
Ray seconded the motion to approve Resolution 2020-49 authorizing the Town
Manager to execute an application to the Collin County Parks & Open Space Project
Funding Assistance Program for the construction of Hays Park.
The motion was approved by a vote of 6-0.
7. Consider and act upon authorizing the Town Manager to execute a Professional
Services Agreement between Dunaway Associates, Inc., and the Town of
Prosper, Texas, related to the Pecan Grove Park Phase II Project (2015-PK). (DR)
Deputy Mayor Pro-Tem Dixon questioned if the Phase II improvements were focused
on the northern section of Pecan Grove Park. Dudley Raymond, Director of Parks and
Recreation, stated the improvements were across the majority of park, not just the
northern section.
After discussion, Deputy Mayor Pro-Tem Dixon made a motion, and Councilmember
Ray seconded the motion to approve authorizing the Town Manager to execute a
Professional Services Agreement between Dunaway Associates, Inc., and the Town
of Prosper, Texas, related to the Pecan Grove Park Phase II Project (2015-PK).
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The motion was approved by a vote of 6-0.
CITIZEN COMMENTS
Scott Funk, 520 Michelle Ct, Prosper, and Bob Durone, 660 Sibyl Ln, Prosper, spoke on
foundation and slope issues with Centurion and Megatel constructed homes within the Crestview
subdivision. Centurion and Megatel continue to build homes and conduct repairs within the
subdivision.
REGULAR AGENDA:
Items for Individual Consideration:
11. Consider and act upon awarding CSP No. 2020-58-B to Ratliff Hardscape, Ltd.,
related to construction services for the Decorative Monument Signs - Prosper
Trail at Coit Road project; and authorizing the Town Manager to execute a
construction agreement for same. (PA)
Pete Anaya, Assistant Director of Engineering Services – Capital Projects, provided
an overview that included firm qualifications, project timelines and cost proposals.
Ratliff Hardscape, Ltd., was the firm that ranked the highest with a cost of $145,359.48,
and a project timeline of 60 calendar days.
After discussion, Deputy Mayor Pro-Tem Dixon made a motion, and Councilmember
Andres seconded the motion to approve awarding CSP No. 2020-58-B to Ratliff
Hardscape, Ltd., related to construction services for the Decorative Monument Signs
- Prosper Trail at Coit Road project; and authorizing the Town Manager to execute a
construction agreement for same.
The motion was approved by a vote of 6-0.
12. Consider and act upon awarding CSP No. 2020-57-B to Accelerated Critical Path,
Inc., related to construction services for the Church Street and Parvin Street
Sanitary Sewer and Drainage Improvements and Old Town Retention Pond
projects; and authorizing the Town Manager to execute a construction
agreement for same. (PA)
Pete Anaya, Assistant Director of Engineering Services – Capital Projects, provided
information on the construction of one of the recommended regional
detention/retention ponds to detain storm water flow increases anticipated from the re-
development of the Old Town Core District. Accelerated Critical Path, Inc., was the
firm that ranked the highest after consideration of Costs, Time, and Qualifications with
a cost of $885,150, and a project timeline of 180 calendar days.
Deputy Mayor Pro-Tem Dixon inquired as to the retention pond aspects, and asked to
view the associated engineering designs for it. Council agreed to revisit this item
before Executive Session to view the associated engineering designs.
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13. Consider and act upon authorizing the Town Manager to execute a Professional
Engineering Services Agreement between Garver, LLC, and the Town of
Prosper, Texas, related to the design of the First Street (Dallas North Tollway to
Coleman Street) project. (PA)
Pete Anaya, Assistant Director of Engineering Services – Capital Projects provided
information on the project that includes the reconstructing and widening of
approximately 5,250 linear feet of existing two-lane asphalt roadway from the Dallas
North Tollway to Coleman Street with a four-lane ultimate divided roadway with
concrete, curb and underground drainage.
Mayor Pro-Tem Vogelsang questioned what preparations are being done for a future
overpass at the BNSF Railroad. Mr. Anaya confirmed the design does not include an
overpass at the BNSF Railroad, but the project will include the development of a
schematic bridge design over the BNSF’s 300 feet of right-of-way in order to establish
the right-of-way dedications necessary for a future overpass.
After discussion, Councilmember Ray made a motion, and Councilmember Andres
seconded the motion to approve authorizing the Town Manager to execute a
Professional Engineering Services Agreement between Garver, LLC, and the Town of
Prosper, Texas, related to the design of the First Street (Dallas North Tollway to
Coleman Street) project.
The motion was approved by a vote of 6-0.
14. Update on the Hike and Bike Trail Master Plan. (DR)
Dudley Raymond, Director of Parks and Recreation, Lenny Hughes, Director of
Landscape Architecture at Halff Associates, and Kendall Howard, Senior Planner at
Halff Associates, provided an overview of the Hike and Bike Trail Master Plan. It
included plan purpose and process, key public input results, needs assessment, and
plan recommendations and implementation.
Councilmember Andres asked about connecting to adjacent communities. Director
Raymond commented it is standard to make inter-city trail connections for the purpose
of trail networks.
Mayor Pro-Tem Dixon discussed the 12 ft Veloweb sidewalk width and placement of
them throughout the town. Also discussed, the prioritizing of the Master Plan and of
shifting values over time.
12. Consider and act upon awarding CSP No. 2020-57-B to Accelerated Critical Path,
Inc., related to construction services for the Church Street and Parvin Street
Sanitary Sewer and Drainage Improvements and Old Town . Pond projects; and
authorizing the Town Manager to execute a construction agreement for
same. (PA)
Pete Anaya, Assistant Director of Engineering Services – Capital Projects, presented
Council with a previously presented exhibit detailing the aspects of the pond. The
possibility of a future neighborhood park at this location was discussed.
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After discussion, Deputy Mayor Pro-Tem Dixon made a motion, and Councilmember
Ray seconded the motion to approve awarding CSP No. 2020-57-B to Accelerated
Critical Path, Inc., related to construction services for the Church Street and Parvin
Street Sanitary Sewer and Drainage Improvements and Old Town Retention Pond
projects; and authorizing the Town Manager to execute a construction agreement for
same.
The motion was approved by a vote of 6-0.
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.
Section 551.072 – To discuss and consider purchase, exchange, lease or value
of real property for municipal purposes and all matters incident and related
thereto.
Section 551-074 - To discuss and consider personnel matters and all matters
incident and related thereto.
The Town Council recessed into Executive Session at 7:51 p.m.
Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
The Town Council reconvened the Regular Session at 9:17 p.m.
Councilmember Miller made a motion and Deputy Mayor Pro-Tem Dixon seconded the motion to
authorize the Town Manager to execute the following:
The Small Business Grant Agreements regarding the disbursement of small business COVID-19
relief grants.
The motion was approved by a vote of 6-0.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting
No topics for future discussion were identified.
Adjourn.
The meeting was adjourned at 9:20 p.m. on Tuesday, June 9, 2020.
These minutes approved on the 23rd day of June 2020.
APPROVED:
Ray Smith, Mayor
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ATTEST:
Melissa Lee, Town Secretary
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To: Mayor and Town Council
From: Harlan Jefferson, Town Manager
Re: Tow n Council Meeting – June 23, 2020
Agenda Item:
Consider and act upon authorizing the Town Manager to execute an Interlocal Cooperation
Agreement between Denton County and the Town of Prosper related to the Coronavirus Aid,
Relief, and Economic Security (CARES) Act.
Description of Agenda Item:
Denton County has received a direct distribution of $147.7 million from the U.S. Treasury under
the Coronavirus Relief Fund (CRF), as provided for in the CARES Act. Denton County has
reserved $45 million to assist municipalities with expenses incurred due to the COVID-19 public
health emergency. The proposed ILA provides for the direct distribution of funds from Denton
County to the Town of Prosper for COVID-19-related expenses. Funds will be allocated in the
amount of $55.00 per capita, using North Central Texas Council of Governments (NCTCOG)
population estimate for the Denton County portion of Prosper from 2019, for a total of $245,300.
There are three primary criteria for the use of the funds:
the expense must be a necessary expenditure incurred due to the COVID-19 public health
emergency;
the expense must not be accounted for in the Town’s most recent approved budget; and,
the expense must be incurred between March 1, 2020 and December 30, 2020.
CARES Act funds may be used to reimburse the Town for expenses already paid and incurred,
and for ongoing or future expenses related to the Town’s response to COVID-19. The funds may
not be used to replace revenue that was lost as a result of the pandemic. Eligible expenses under
the CARES Act may include, but are not limited to, medical expenses, public health expenses,
payroll expenses, expenses to facilitate compliance, expenses relating to facilitating compliance,
expenses associated with providing economic support in connection with the COVID-19 public
health emergency, and any other COVID-19-related expense reasonably necessary to the function
of government.
The Town will be responsible for administering the funds in compliance with the CARES Act by
providing justification and appropriate documentation for each expenditure. Denton County
requires each municipality receiving a direct distribution of funds to execute the attached ILA,
submit a proposed Budget of Expenditures & Description of Intended Uses, and agree to
Prosper is a place where everyone matters.
TOWN MANAGER’S
OFFICE
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participate in the County’s CRF Compliance Forum prior to receiving CARES Act funds. Any funds
not expended by December 30, 2020, must be returned to Denton County.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Interlocal Agreement as to form
and legality.
Attached Documents:
1.Interlocal Cooperation Agreement
2.CRF Compliance Documents
Town Staff Recommendation:
Town staff recommends the Town Council authorize the Town Manager to execute an Interlocal
Cooperation Agreement between Denton County and the Town of Prosper related to the
Coronavirus Aid, Relief, and Economic Security (CARES) Act.
Proposed Motion:
I move to authorize the Town Manager to execute an Interlocal Cooperation Agreement between
Denton County and the Town of Prosper related to the Coronavirus Aid, Relief, and Economic
Security (CARES) Act.
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Interlocal Cooperation Agreement
Coronavirus Relief Fund- Municipality D istribution
06/07/2020
CORONAVIRUS RELIEF FUND
INTERLOCAL COOPERATION AGREEMENT
Denton C ounty and the Town of Prosper
This Interlocal Cooperation Agreement (“Agreement”) is entered into by and between Denton
County, Texas (the “County”) and the Town of Prosper Texas (the “Municipality”), pursuant to
Chapter 791 of the Texas Local Government Code, to address the impact of the public health
emergency with respect to the Coronavirus pandemic (“COVID -19”).
GENERAL
1. Coronavirus Relief Fund . The County has received federal funding under the
Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act ”) to address and respond
to the impact and effects of the COVID -19 emergency.
2. County Authority. The Resolution of the Denton County, Texas Commissioners Court ,
under Chapter 381 of the Local Government Code, lawfully establishing a COVID -19
municipality f unding program (the “Municipality Program”), allowing the County to grant
money to your Municipality, is attached hereto as Attachment A and incorporated by reference
herein. Funds were received by the County from the US Department of the Treasury (the
“Treasury”) under the Coronavirus Relief Fund (“CRF”), as provided for in the CARES Act . The
use of these CRF funds to assist a municipality of the County with their expenditures incurred
due to the effects of COVID -19 and to potentially fund a local grant program are legitimate and
lawful uses of the CRF funds.
3. Municipality Authority. The Orders of the Municipality, establishing a COVID -19
emergency program or programs, allowing it to make grants of its award, is attached hereto and
incorporated by reference herein. The Municipality represents and warrants that its programs (if
the Municipality decides to distribut e the Municipal Funds through its own programs) will be in
full compliance with Chapter 380 of the Local Government Code.
4. Inspector General Oversight & Recoupment. Section 601(f) provides that the Inspector
General of the Treasury shall conduct monitoring and oversight of the receipt, disbursement, and
use of CRF funds. If the Inspector General determines that a unit of local government has failed
to comply with t he use of funds rules (as described herein in Paragraphs 10-16, “Use of Funds”),
the amount of CRF funds in noncompliance shall be “booked as a debt of such entity owed to the
federal government.” The conditions and restrictions on the use of the CRF funds follows to all
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Interlocal Cooperation Agreement
Coronavirus Relief Fund- Municipality D istribution
recipients, from the County, to the Municipality, to businesses and individuals that receive such
funds.
GRANT
5. Amount . Subject to the terms and conditions of this Agreement, the County agrees t o
grant and transfer to the Municipality the sum of $245,300 of its CRF funds (“Municipal
Funds”).
6. Separate Bank Account. The Municipality agrees to deposit these Municipal Funds into a
separate, segregated account created solely for holding and disbursing these Municipal Funds.
The account must be an interest bearing account and similarly insured and protected in the same
manner as the Municipality’s other funds.
7. Calculation of Municipal Funds. The initial calculation of the grant amount of funds is
based on the higher of the Municipality’s 2019 NCTCOG estimated population (4,460) or 2018
ACS estimated population (979), multiplied by $55.00 per capita (“the Maximum Allocation”).
That amount is reduced by:
a. the excess of the Maximum Allocation minus t he budgeted amount of eligible
funds (as defined in Paragraph 8(a)), and further reduced by;
b. the amount of funds redirected and contributed to the County’s programs (e.g.,
small business, housing and food programs), at the election of the Municipality,
which is included in the Municipality’s proposed budget in Paragraph 8(a).
8. Conditions. Before receiving Municipal Funds, the Municipality must :
a. provide the County with a proposed budget , which includes your contribution to
the County’s programs (e.g., small business, housing, and food programs), and
description of eligible uses of Municipal Funds (“Budget of Expenditures and
Description of I ntended Uses”). The form to complete your Budget of
Expenditures and Description of Intended Uses is attached as Attachment B ;
b. agree to participate in the C ounty’s CRF Compliance Forum (the “Forum”); and
c. provide a copy of the appropriate Chapter 380 documentation.
RESPONSIBILITIES OF THE MUNICIPALITY
9. The responsibilities of the Municipality are:
a. to comply with all terms and conditions of the CARES Act;
b. to use Municipal Funds in compliance with the CARES Act;
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Interlocal Cooperation Agreement
Coronavirus Relief Fund- Municipality D istribution
c. t o promptly return to the County any Municipal Funds not used;
d. to participate in the Forum;
e. to maintain proper and adequate records of its own expenses, including monthly
uploads to D ropbox, and supporting documentation of the expenditures, and
provide copies of, or access to such, at any time as required by the County;
f. to maintain proper and adequate records of the expenses of any grantees of
Municipal Funds, including monthly uploads to Dropbox, and supporting
documentation of the expenditures, and provide copies of, or access to such, at
any time as required by the County;
g. to return the Statement of Compliance Certificate by February 1, 2021;
h. to cooperate and coord inate with other members in the Forum concerning a
federal compliance audit; and
i. to comply with Chapter 381 and Chapter 380, if applicable.
USE OF FUNDS
10. Amounts paid from the Treasury’s Coronavirus Relief Fund are subject to the restrictions
outlined in the Guidance for State, Territorial, Local, and Tribal Governments (dated April 22,
2020) and set forth in section 601(d) of the Social Security Act, as ad ded by section 5001 of the
CARES Act. See Attachment C, which is incorporated by reference into this agreement .
11. Section 601(d) allows CRF funds/Municipal Funds to cover only t hose costs that:
a. are necessary expenditures incurred due to the public health emergency with
respect to the effects COVID -19;
b. were not accounted for in the most recently approved budget [of the
Municipality], including any amendments; and
c. are incurred between March 1, 2020 and December 30, 2020. See Coronavirus
Relief Fund Frequently Asked Questions (Updated as of May 4, 2020). See
Attachment C.
12. “Necessary Expenditure” Condition . The use of the money is limited to “necessary
expenditures.” The Treasury intends for broad interpretation of the word “necessary,” meaning
“reasonably necessary for its intended use in the reasonable judgment of the government officials
responsible for spending the Fund payments.” The Treasury’s standard, reasonable judgment ,
adopts a subjective, not objective standard. Examples of eligible expenditures include, but are
not limited to, payment for certain types of:
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Interlocal Cooperation Agreement
Coronavirus Relief Fund- Municipality D istribution
a. medical expenses;
b. public health expenses;
c. payroll expenses;
d. expenses relating to facilitating compliance;
e. expenses associated with providing economic support in connection with the
COVID -19 public health emergency; and
f. any other COVID -19-related expense reasonably necessary to the function of
government .
13. Funds may not be used to fill shortfalls in governmental revenue to cover expenditures
that would not otherwise qualify under section 601(d). REVENUE REPLACEMENT IS
STRICTLY PROHIBITED AND I S NOT A PERMISSIBLE USE OF FUNDS.
14. “Due To” Condition. The requirement that expenditures be incurred “due to” the public
health emergency created by COVID -19 means that expenditures must be used for actions taken
to respond to the public health emergency. These may include expenditures incurred by the
Municipality to respond directly to the emergency, as well as expenditures incurred to respond to
second -order effects of the emergency (e.g., economic support to those suffering from
employment or business interruptions due to COVID -19-related business closures).
15. The Municipality expressly agrees without qualification or exception to adhere and
comply with section 601(d) and the accompanying guidelines regarding its spending and uses of
the Funds.
16. Return of Unused Funds by Municipality. Any Municipal Funds not spent on eligible
expenses before December 30, 2020 must be returned to the County within 30 days after
December 30, 2020.
CRF COMPLIANCE FORUM
17. Description. The Forum is a county-wide initiative bet ween the County and all of the
Municipalities that have requested upfront funding of the Municipal Funds. It is a single,
integrated initiative to mutually benefit all municipalities and the County.
18. Purpose. The Forum shall work for the mutual benefit of the County and the
Municipalities, which will promote administrative efficiency, streamline initial compliance
measures, and continuing through a potential audit, and foster collaboration between our
counties.
19. Benefits. The primary goals of the Forum are to:
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Item 3.DRAFT
5
Interlocal Cooperation Agreement
Coronavirus Relief Fund- Municipality D istribution
a. provide answers to specific questions (e.g., eligible uses of funds);
b. provide assistance with documentation guidelines;
c. reduce noncompliance risk;
d. reduce administrative burdens;
e. manage and control the potential federal compliance audit ; and
f. collaborate and integrate grant programs.
REMEDIES
20. Indemnity. To the extent allowable by law, the Municipality shall defend, indemnify,
and hold harmless the County and its officers, commissioners, employees, volunteers, and
agents, from any and all costs and expenses, damages, liabilities, demands, causes of action,
suits, charges, or legal or administrative proceedings, claims and losses, including, without
limitation, attorneys’ fees and costs, caused by or arising out of any act or omission of the
Municipality relating to the terms of this Agreement , including but not limited to any ineligible
expenditures.
21. Recoupment. If the County, or its designee, reasonably determines that all or a portion of a
Municipality’s expenditure of Municipal Funds is an ineligible expenditure, then the Municipality
shall immediately reimburse the County in an amount equal to the amount of the ineligible
expenditure from funds of the Municipality other than Municipal Funds granted pursuant to this
Agreement, and provide to the County evidence of such reimbursement . The Municipality shall
have 30 days of receipt of the County’s determination of an ineligible expenditure to reimburse the
County for such expense. If the Municipality chooses to subsequently grant its Municipal Funds, it
shall be responsible for properly tracing and accounting for when, how, why and by whom the
expenses were ultimately incurred. This includes the documentation responsibilities listed in
Paragraph 9(f -g) above. In the event t he County has t o enforce this Agreement, it shall be entitled to
recover its reasonable attorney’s fees and costs incurred in doing so.
22. Offset . To the extent allowable by law, the County reserves the right in its sole discretion to
apply any money, damages or costs incurred as a result of a material brea ch of this agreement by the
Municipality against the future distribution of future tax reve nues or receipts from the County to the
Municipality.
OTHER
23. Attorney’s Fees and Costs. The County shall be entitled to recover its reasonable and
necessary attorney’s fees, costs and expenses, from the Municipality in the event the County must
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Item 3.DRAFT
6
Interlocal Cooperation Agreement
Coronavirus Relief Fund- Municipality D istribution
enforce the terms of this Agreement in any way, including, but not limit ed to, litigation or
mediation to the extent allowed by law.
24. Law and Venue. The laws of the State of Texas shall govern this Agreement, except where
clearly superseded by federal law. Venue of any dispute shall be in a court of competent
jurisdiction in Denton County, Texas.
25. No Assignment . The Municipality may not assign this Agreement.
26. Entire Agreement . This Agreement supersedes and constitutes a merger of all prior oral
and/or written agreements and understandings of the parties on the su bject matter of this
Agreement and is binding on the parties and their legal representatives, receivers, executors,
successors, agents and assigns.
27. Amendment . Any Amendment of this Agreement must be by written instrument dated and
signed by both parties.
28. Severability. No partial invalidity of this Agreement shall affect the remainder unless the
public purpose to be served hereby is so greatly diminished thereby as to frustrate the object of
this Agreement.
29. Survival. All provisions of this Agreement that impose continuing obligations on the
parties, including but not limited to payment, agreement purpose, and confidentiality shall survive
the expiration or termination of this Agreement.
30. Waiver. No waiver by either party of any provision of this Agreement shall be effective
unless in writing, and such waiver shall not be construed as or implied to be a subsequent waiver
of that provision or any other provision.
31. Signature Authority. The signatories hereto represent to each other that they have the full
right, power, and authority and have been given any approvals necessary to enter into this
Agreement to bind the respect ive parties for which they sign, and to perform their obligations
hereunder, and that the consent of no other parties is needed to fully effectuate this Agreement.
ATTACHMENTS
32. This is a list of attachments and is included with this agreement and incorporated herein,
as appropriate:
1. Attachment A: Chapter 381 Resolutions of the County;
2. Attachment B: Form Budget of Expenditures and Description of Intended Uses;
3. Attachment C : CRF Guidelines, Regulations (including statute, FAQs, and
Guidance).
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Item 3.DRAFT
7
Interlocal Cooperation Agreement
Coronavirus Relief Fund- Municipality D istribution
DENTON COUNTY, TEXAS
By:_________________________________
Andy Eads, County Judge
____________________________________
Date
Attest:
____________________________________
County Clerk
TOWN OF PROSPER , TEXAS
By: ________________________________
Mayor or City Manager
____________________________________
Printed Name
____________________________________
Printed Title
____________________________________
Date
Attest:
____________________________________
City Secretary
Page 19
Item 3.DRAFT
RESOLUTION OF THE DENTON COUNTY COMMISSIONERS COURT
Approving Economic Development Program under Texas Local Government
Code Section 381.004(b) and adopting "Chapter 381 Economic Development
Program Rules"
The Denton County Commissioners Court at its regular session on the _____ day of
___________ 2020, considered the following resolution:
WHEREAS, Denton County is committed to the development and stimulation of business
as part of an overall effort to increase job availability and improve the quality of life for
residents; and
WHEREAS, pursuant to Article III, Section 52 -a of the Texas Constitution, development
and diversification of the economy, elimination of unemployment or underemployment, or
the development or expansion of business serves a publi c purpose; and
WHEREAS , pursuant to Texas Local Government Code Section 381.004(h),
commissioners court may develop and administer a program authorized by 381.004(b)
for making grants of public money and providing personnel and services of the county;
and
WHEREAS , pursuant to Section 381.004 (b)(1)-(3) of the Texas Local Government Code,
Denton County Commissioners Court may develop and administer a Denton County
program: 1. for state or local economic development; 2. for small or disadvantaged
business development; 3. to stimulate, encourage, and develop business location and
commercial activity in the County; and
WHEREAS , pursuant to Texas Local Government Code Section 381.004(c), 1.
Commissioners Court may contract with another e ntity for administration of a program 3.
Use County employees or funds for the program authorized by 381.004(b); and
WHEREAS , on May 8, 2020, Denton County desired to establish and administer a
program (Exhibit A) under 381.004(b) for making grants of publ ic money to small
businesses in financial peril as a result of measures taken to inhibit the sp read of the
COVID-19 virus; and
WHEREAS , on May 8, 2020, Denton County determined that making economic
development grants through the OPEN Grant Program (Exhibit A) in the amount up to
TWO MILLION TWO HUNDRED THOUSAND DOLLARS AND NO CENTS
($2,200,000.00) will further the objectives of the County and benefit the County and its
residents and serve the broader purpose of stimul ating and encouraging business and
commercial activity in the County, retaining and expanding job opportunities and building
the property tax base; and
WHEREAS , Denton County is committed to distributing federal funding received from the
U.S. Department of Treasury under the Coronavirus Aid, Relief, and Economic Security
29th
May
Page 20
Item 3.DRAFT
Act (the “CARES Act”) to assist municipalities of the County through the COVID -19
Municipality Funding Program (hereinafter “Municipality Program”) (Exhibit B);
NOW THEREFORE, BE IT RESOLVED by the Commissioners Court of Denton County,
Texas that:
Section 1. The foregoing are hereby found to be true and correct findings of
Denton County, Texas, and are fully incorporated into the body of
this Resolution.
Section 2. Due to measures ta ken to inhibit the spread of the COVID -19 virus,
many small businesses and municipalities in Denton County have
suffered and continue to suffer losses that threaten their businesses
and residents. An urgent public need exists to help sustain these
businesses and municipalities, and in particular, the jobs and
services they provide to so many Denton County citizens, through
this crisis.
Section 3. Denton County hereby amends the economic development program
under Local Government Section 381.004(b)(1)-(3) (hereinafter "381
Program") for the making of grants of public money to businesses
that are financially imperiled due to measures taken in response to
the COVID -19 pandemic, whi ch program will be operated and
administered as described in the "Chapter 381 Economic
Development OPEN Grant Program Rules," attached herein as
Exhibit A ; and adds program rules committed to distributing federal
funding received from the U.S. Department o f Treasury under the
Coronavirus Aid, Relief, and Economic Security Act (the “CARES
Act”) to assist municipalities of the County through the COVID -19
Municipality Funding Program (hereinafter “Municipality Program”)
(Exhibit B);
Section 4. Denton County hereby adopts the attached "Chapter 381 Economic
Development Program Rules," which rules describe the 381 Program
in detail and set forth participation criteria and
management/administration controls to ensure that the public
purpose is accomplished or substantially achieved.
Section 5. The 381 Program will achieve or substantially obtain the public
purpose of stimulating, encouraging and developing small business
and other commercial activity within Denton County, and thereby
contribute to the goal of deve loping/improving the local economy and
providing and retaining employment for Denton County residents; as
well as distribute federal funding to assist a municipality of the
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Item 3.DRAFT
County with their expenditures incurred due to the effects of COVID -
19 and to poten tially fund a local grant program.
Section 6. Nothing in this Resolution or in the 381 Economic Development
Program Rules shall be construed to suggest or imply that Denton
County is under any obligation to provide any grant or funding to any
business applicant and/or municipality, and all applications and/or
agreements for a grant under the 381 Program shall be considered
on an in dividual case-by-case basis.
ADOPTED AND APPROVED effective the ______ day of _____________ 2020.
________________________________ ___________________________________
Andy Eads Hugh Coleman
County Judge Commissioner, Precinct 1
____________________________________________________________________
Ron Marchant Bobbie Mitchell
Commissioner, Precinct 2 Commissioner, Precinct 3
________________________________
Dianne Edmondson
Commissioner, Precinct 4
29th May
Attest:
Denton County Clerk
Page 22
Item 3.DRAFT
EXHIBIT A
CHAPTER 381 ECONOMIC DEVELOPMENT OPEN GRANT PROGRAM RULES
DENTON COUNTY, TEXAS
Due to measures taken to inhibit the spread of the COVID -19 virus, many small
businesses in Denton County have suffered and continue to suffer losses that threaten
their survival. An urgent public need exists to help sustain these businesses, and in
particular, the jobs they provide to so many Denton County citizens, through this crisis.
Through the 381 Economic Development OPEN Grant Program described herein, Denton
County seeks to provide financial assistanc e, in the form of grants, to affected local
busi nesses. Denton County seeks to provide such assistance to businesses that , despite
responsible management have been greatly impacted by the COVID -19 Pandemic.
Denton County's 381 Economic Development OPEN Grant Program is established
pursuant to Texas Local Government Code 381.004(b)(1)-(3). Under 381.004(b)(1)-(3),
Commissioners Court may, to stimulate business and commercial activity in the county,
develop and administer a program for any of the following purposes:
(1)for state or local economic development.
(2)for small or disadvantaged business development.
(3)to stimulate, encourage, and develop business location and commercial activity
in the county.
1.General
Denton County may provide the following assistance to eligible businesses:
Operational Plan for Economic Normalization) Grant (hereinafter "OPEN
Grant"):
Individual OPEN Grants of up to $10,000 may be awarded. Award and amount of
individual OPEN Grants will be based on such factors as need, eligibility, number
of employees, loss due to full/partial shutdown due to being deemed by local or
state shut-down order as non -essential during the COVID -19 Pandemic and
availability of funds. In addition to the factors mentioned in this Section 1, award
and amount of individual OPEN Grants will be subject to the provisions set forth in
these Rules.
A business may apply for an OPEN Grant only during the Application Period. The
application must be executed and submitted on behalf of the applying business
(hereinafter "Applicant Business") by an owner (hereinafter "Applicant Business Owner").
Page 23
Item 3.DRAFT
• Denton County is under no obligation to provide assistance under this Program
to any business, regardless of need, eligibility, or worthiness. The amount a
business can receive will be based on the percentage of closure the business
experienced during the COVID-19 Stay-at-Home order.
- Business operations completely closed can get 100% of eligible grant.
- Business operations partially closed can get 75% of eligible grant.
• Eligible amount of grant is the higher of:
o 1.75x the average monthly payroll costs for the first quarter of 2020 (form
941) - including gross payroll, retirement costs and health insurance costs;
if sole proprietor can use the average monthly amount of Schedule C net
income divided by twelve (must have a net profit)
o 2x fixed costs (rent, lease or mortgage payment of real and business
property, real property taxes, business personal property taxes, and
utilities excluding costs of your personal residence) calculated on 2019
monthly average
2. Eligibility
To be eligible for a Grant, the Applicant Business and Applicant Business Owner, as
applicable, must demonstrate all of the following to Denton County's satisfaction :
• Business started before March 1, 2019
• 50 Employees or fewer
• No more than $7 Million in Gross Annual Revenue
• If owner has more than one business, the owner is eligible for application for up
to three businesses (all businesses must be located in Denton
County). Ownership defined as 20% or more. Application will include disclosure
of all 20% or more owners.
• Applications and required documentation will be reviewed by assigned Denton
County Auditors based on Commissioners Court approved Denton OPEN Grant
Program Guidelines. Applicant will receive an email indicating Denton County
OPEN Program approval or denial or did not meet qualifications.
• Checks are to be issued to qualifying applicants by Denton County Accounts
Payable.
• Applicant must have no outstanding Denton County tax liens or judgements
• Denton County is a governmental body su bject to the Texas Public Information
Act. Information you submit to Denton County in this application may be subject
to the Act and, therefore, subject to public release.
APPLICATION PROCESS INCLUDES
• Good Faith Certification as to truth and accuracy of information provided
Page 24
Item 3.DRAFT
• That the grant request is necessary due to conditions caused by COVID -19
• Agreement to audit of the use of grant funds received
• Agreement to claw -back provisions if funds are used for ineligible purposes
• Unsworn Declaration of Owner
TYPES OF BUSINESSES :
• Corporation
• Individual
• Sole proprietorship
• Single-member limited liability company (LLC)
• LLC treated as a partnership
• LLC – C corporation
• LLC – S corporation
• Partnership
ELIGIBILE USES OF GRANT PROCEEDS
• Payroll costs for employees or owners draw (sole proprietors/partners)
• Contract labor
• Supplier payments
• Rent, lease or mortgage payment (for real property used for business purposes,
like storefront or warehouse, excluding personal residence.)
• Rent, lease or purchase payment for business property (e.g., delivery vehicle;
food truck; kitchen equipment; technology, payment, and communications
systems and equipment)
• New or expanded technology applications and Wi -Fi services
• Utility payments for business properties, excluding personal residence.
• Cost of critical business operations (raw materials, marketing expenses, etc.
payments)
• PPE and sanitation supplies and equipment
• Interest on other business debt obligations incurred before March 1, 2020,
excluding personal residence.
3. DOCUMENTS REQUIRED
• Documentation of business (Choose one of the following)
o Secretary of State Texas File number; State of Texas License number;
DBA, 2018 or 2019 tax return (return only, schedules not required); Social
Security Number, Employer Identification Number or Individual Taxpayer
Identification Number, Certificate of Filing. If sole proprietor, please
provide documentation on when you started your business. Ex. Include
Occupational license, Sal es Tax Certificate
• Drivers’ license or state issued ID
• Most Recent Filed Business Tax return
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Item 3.DRAFT
• Most recent payroll report and number of employees – 1st QTR 941 for 2020
• Bank Statements for the following four months – March & April 2019; March &
April 2020
• Submit documentation for proof of fund uses by September 30, 2020 , including
Form W-3, Form 941, utility statements, cancelled checks/receipts or bank
statements
• For Sole Proprietor Applicants provide 2018 or 2019 Schedule C
• Form W-9
Denton County may require Applicant to submit documentation additional to that
which is described in the Application and Affidavit.
INELIGIBLE BUSINESSES
• Non -Profits
• Sexually/Adult Oriented Businesses
• Professional Services deemed essential by local/state government
• Lobbying organizations and political organizations subject to Internal Revenue
Code 527
• Gambling Concerns, including casinos, racing operations or other activities
whose purpose involves gambling
• Concerns engaged in illegal activities under fede ral, state or local laws
• A business that is otherwise prohibited by federal or Texas law
• A business that is ineligible or precluded to receive federal or State of Texas
funding due to federal laws (including but not limited to the CARES Act) or Texas
laws
• Multi -level marketing concerns
• Governmental/taxing agencies/departments
Denton County may add and/or subtract from this list at any time due to change of
use, law or other reason considered for eligibility by administration of the program.
3. Application.
• To apply for a n OPEN Grant, the owner of applicant business must complete,
execute and submit an Application for Chapter 381 Economic Development
Program OPEN Grant to these Rules and fully incorporated herein.
The Application must be completed in full, and all information described therein
must be provided in full, or the Application will not be considered. The Application
must be completed and executed by the Owner of the applicant business.
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Item 3.DRAFT
EXHIBIT B
CHAPTER 381 ECONOMIC DEVELOPMENT COVID -19 MUNICIPALITY FUNDING
PROGRAM RULES
DENTON COUNTY, TEXAS
GENERAL
The County has received federal funding under the Coronavirus Aid, Relief, and
Economic Security Act (the “CARES Act”) to address and respond to the impact and
effects of the COVID -19 emergency. Through the 381 Economic Development COVID-
19 Municipality Funding Program described herein, Denton County seeks to provide
financial assistance, in the form of Interlocal Cooperation Agreements, to Denton
County municipalities.
County Authority. The Resolution of the Denton County, Texas Commissioners Court,
under Chapter 381 o f the Local Government Code, lawfully establishing a COVID -19
municipality funding program (hereinafter “Municipality Program”). Funds were received
by the County from the US Department of the Treasury (the “Treasury”) under the
Coronavirus Relief Fund (“CRF”), as provided for in the CARES Act. The use of these
CRF funds to assist a municipality of the County with their expenditures incurred due to
the effects of COVID -19 and to potentially fund a local grant program are legitimate and
lawful uses of the C RF funds.
Municipality Authority. The Order of the Municipality, establishing a COVID -19
Emergency Program (the “Program”), allowing it to make grants of its award, is attached
hereto and incorporated by reference herein. The Municipality represents and warrants
that its Program will be in full compliance with Chapter 380 of the Local Government
Code.
Inspector General Oversight & Recoupment. Section 601(f) provides that the Inspector
General of the Treasury shall conduct monitoring and oversight of th e receipt,
disbursement, and use of CRF funds. If the Inspector General determines that a unit of
local government has failed to comply with the use of funds rules as described herein,
the amount of CRF funds in noncompliance shall be “booked as a debt of such entity
owed to the federal government.” The conditions and restrictions on the use of the CRF
funds follows to all recipients, from the County, to the Municipality, to businesses and
individuals that receive such funds.
Page 27
Item 3.DRAFT
GRANT
Amount. Subject to the terms and conditions of this Agreement, the County agrees to
grant and transfer to the Municipality the sum of Calculation Section below.
Separate Bank Account. The Municipality agrees to deposit these Municipal Funds into
a separate, segregated account created solely for holding and disbursing these
Municipal Funds. The account must be an interest bearing account and similarly
insured and protected in the same manner as the Municipality’s other funds.
Calculation of Municipal Funds. The initial calculation of the grant amount of funds is
based on the higher of the municipality’s 2019 NCTCOG estimated population
(_____________) or 2018 ACS estimated population (_____________), multiplied by
$55.00 per capita (“the Maximum Allocation”). That amount is reduced by:
o the excess of the Maximum Allocation minus budgeted amount of eligible
funds (as defined in Paragraph 8(a)), and further reduced by;
o the amount of funds redirected and contributed to the County’s programs
(e.g., small business, housing and food programs), at the election of the
Municipality, which is included in the Municipality’s proposed budget in
Paragraph 8(a).
Conditions. Before receiving Municipal Funds, the Municipality must:
o provide the County with a propose d and description of eligible uses of
Municipal Funds (“Budget of Expenditures and Description of Intended
Uses”);
o agree to participate in the County’s CRF Compliance Forum (the “Forum”);
and
o provide a copy of the appropriate Chapter 380 documentation .
RESPONSIBILITIES OF THE MUNICIPALITY
The responsibilities of the Municipality are:
o to comply with all terms and conditions of the CARES Act;
o to use Municipal Funds in compliance with the CARES Act;
Page 28
Item 3.DRAFT
o to promptly return to the County any Municipal Funds not used;
o to participate in the Forum;
o to maintain proper and adequate records of its own expenses, including
monthly uploads to Dropbox, and supporting documentation of the
expenditures, and provide copies of, or access to such, at any t ime as
required by the County;
o to maintain proper and adequate records of the expenses of any grantees
of Municipal Funds, including monthly uploads to Dropbox, and supporting
documentation of the expenditures, and provide copies of, or access to
such, at any time as required by the County;
o to return the Statement of Compliance Certificate by February 1, 2021;
o to cooperate and coordinate with other members in the Forum concerning
a federal compliance audit; and
o to comply with Chapter 381 and Chapter 380 , if applicable.
USE OF FUNDS
Amounts paid from the Treasury’s Coronavirus Relief Fund are subject to the
restrictions outlined in the Guidance for State, Territorial, Local, and Tribal Governments
(dated April 22, 2020) and set forth in section 601(d) of the Social Security Act, as
added by section 5001 of the CARES Act, which is incorporated by reference into this
agreement.
Section 601(d) allows CRF funds/Municipal Funds to cover only those costs that:
o are necessary expenditures incurred due to the pu blic health emergency
with respect to the effects COVID -19;
o were not accounted for in the most recently approved budget [of the
Municipality], including any amendments; and
o are incurred between March 1, 2020 and December 30, 2020. See
Coronavirus Relief Fund Frequently Asked Questions (Updated as of May
4, 2020).
Page 29
Item 3.DRAFT
“Necessary Expenditure” Condition . The use of the money is limited to “necessary
expenditures.” The Treasury intends for broad interpretation of the word “necessary,”
meaning “reasonably necessary for its intended use in the reasonable judgment of the
government officials responsible fo r spending the Fund payments.” The Treasury’s
standard, reasonable judgment, adopts a subjective, not objective standard. Examples
of eligible expenditures include, but are not limited to, payment for certain types of:
o medical expenses;
o public health expenses;
o payroll expenses;
o expenses relating to facilitating compliance;
o expenses associated with providing economic support in connection with
the COVID -19 public health emergency; and
o any other COVID -19-related expense reasonably necessary to the
fun ction of government.
Municipal Funds may not be used to fill shortfalls in governmental revenue to cover
expenditures that would not otherwise qualify under section 601(d). REVENUE
REPLACEMENT IS STRICTLY PROHIBITED AND IS NOT A PERMISSIBLE USE OF
FUNDS.
“Due To” Condition. The requirement that expenditures be incurred “due to” the public
health emergency created by COVID -19 means that expenditures must be used for
actions taken to respond to the public health emergency. These may include
expenditures incurred by the Municipality to respond directly to the emergency, as well
as expenditures incurred to respond to second-order effects of the emergency (e.g.,
economic support to those suffering from employment or business interruptions due to
COVID-19-related business closures).
The Municipality expressly agrees without qualification or exception to adhere and
comply with section 601(d) and the accompanying guidelines regarding its spending
and uses of the Municipal Funds.
Return of Unused Funds by Municipality. Any Municipal F unds not spent on eligible
expenses before December 30, 2020 must be returned to the County within 30 days
after December 30, 2020.
Page 30
Item 3.DRAFT
CRF COMPLIANCE FORUM
Description . The Forum is a county-wide initiative between the County and all of the
Municipalities th at have requested upfront funding of the Municipal Funds. It is a single,
integrated initiative to mutually benefit all municipalities and the County.
Purpose. The Forum shall work for the mutual benefit of the County and the
Municipalities, which will promote administrative efficiency, streamline initial compliance
measures, and continuing through a potential audit, and foster collaboration between
our counti es.
Benefits. The primary goals of the Forum are to:
• provide answers to specific questions (e.g., eligible uses of funds);
• provide assistance with documentation guidelines;
• reduce noncompliance risk;
• reduce administrative burdens;
• manage and control the potential federal compliance audit; and
• collaborate and integrate grant programs.
Page 31
Item 3.DRAFT
ELIGBLE USE RESTRICTIONS: The CRF funds/Municipal Funds may be used to cover only those costs that:
a. are necessary expenditures incurred due to the public health emergency with respect to the effects COVID-19;
b. were not accounted for in the most recently approved budget [of the Municipality], including any amendments; and
c. are incurred between March 1, 2020 and December 30, 2020.
Grant Amount ("Maximium Allocation," i.e., $55 per capita amount)$245,300
Paid
Category Sub-Category Tacking Indices Description to Date Proposed Total
Category 1:
Medical
Hospitals/Clinics 1.A $0 $0 $0
Temporary Facilities 1.B 0 0 0
Testing 1.C 0 0 0
Emergency Reponse 1.D 0 0 0
Telemedicine 1.E 0 0
Sub-Total 0 0 0
Category 2:
Public Health
Communication 2.A 0 0 0
Medical, Protective Services 2.B 0 0 0
Disinfection 2.C 0 0 0
Technical Assistance 2.D 0 0 0
Public Safety Measures 2.E 0 0 0
Quarantine 2.F 0 0 0
Sub-Total 0 0 0
Category 3:
Payroll
Certain Payroll 3 0 0 0
Category 4:
To Facilitate Compliance
Food Delivery 4.A 0 0 0
Social Distancing/School Closings 4.B 0 0 0
Telework 4.C 0 0 0
Sick/Medical Leave 4.D 0 0 0
Prisons/Jails 4.E 0 0 0
Homelessness Care 4.F 0 0 0
0 0 0
Category 5:
Economic Support
Business Grants 5.A 0 0 0
Government Payroll 5.B 0 0 0
Unemployment 5.C 0 0 0
0 0 0
Category 6:
Other
Other 6 0 0 0
TOTAL ELIGIBLE EXPENDITURES 0 0 0
Municipality Programs: (Chapter 380)
Amount of Contributions
Business Grant Program 0 0 0
Housing or Food Program 0 0 0
Total Contribution to Municipality Programs 0 0 0
County Programs (Chapter 381)
Amount of Contributions
Business Grant Program 0 0 0
Housing or Food Program 0 0 0
Total Contribution to County Programs 0 0 0
TOTAL OF EXPENDITURES AND INTENDED USES $0 $0 $0
EXCESS CASH (OR DEFICIT)$245,300
Expenditures
(Budgeted Sources & Uses)
Budget of Expenditures & Description of Intended Uses
Town of Prosper
Page 32
Item 3.DRAFT
1
Coronavirus Relief Fund
Frequently Asked Questions
Updated as of May 4, 2020
The following answers to frequently asked questions supplement Treasury’s Coronavirus Relief Fund
(“Fund”) Guidance for State, Territorial, Local, and Tribal Governments, dated April 22, 2020,
(“Guidance”).1 Amounts paid from the Fund are subject to the restrictions outlined in the Guidance and
set forth in section 601(d) of the Social Security Act, as added by section 5001 of the Coronavirus Aid,
Relief, and Economic Security Act (“CARES Act”).
Eligible Expenditures
Are governments required to submit proposed expenditures to Treasury for approval?
No. Governments are responsible for making determinations as to what expenditures are necessary due to
the public health emergency with respect to COVID-19 and do not need to submit any proposed
expenditures to Treasury.
The Guidance says that funding can be used to meet payroll expenses for public safety, public health,
health care, human services, and similar employees whose services are substantially dedicated to
mitigating or responding to the COVID-19 public health emergency. How does a government
determine whether payroll expenses for a given employee satisfy the “substantially dedicated”
condition?
The Fund is designed to provide ready funding to address unforeseen financial needs and risks created by
the COVID-19 public health emergency. For this reason, and as a matter of administrative convenience
in light of the emergency nature of this program, a State, territorial, local, or Tribal government may
presume that payroll costs for public health and public safety employees are payments for services
substantially dedicated to mitigating or responding to the COVID-19 public health emergency, unless the
chief executive (or equivalent) of the relevant government determines that specific circumstances indicate
otherwise.
The Guidance says that a cost was not accounted for in the most recently approved budget if the cost is
for a substantially different use from any expected use of funds in such a line item, allotment, or
allocation. What would qualify as a “substantially different use” for purposes of the Fund eligibility?
Costs incurred for a “substantially different use” include, but are not necessarily limited to, costs of
personnel and services that were budgeted for in the most recently approved budget but which, due
entirely to the COVID-19 public health emergency, have been diverted to substantially different
functions. This would include, for example, the costs of redeploying corrections facility staff to enable
compliance with COVID-19 public health precautions through work such as enhanced sanitation or
enforcing social distancing measures; the costs of redeploying police to support management and
enforcement of stay-at-home orders; or the costs of diverting educational support staff or faculty to
develop online learning capabilities, such as through providing information technology support that is not
part of the staff or faculty’s ordinary responsibilities.
Note that a public function does not become a “substantially different use” merely because it is provided
from a different location or through a different manner. For example, although developing online
1 The Guidance is available at https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Guidance-for-
State-Territorial-Local-and-Tribal-Governments.pdf.
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2
instruction capabilities may be a substantially different use of funds, online instruction itself is not a
substantially different use of public funds than classroom instruction.
May a State receiving a payment transfer funds to a local government?
Yes, provided that the transfer qualifies as a necessary expenditure incurred due to the public health
emergency and meets the other criteria of section 601(d) of the Social Security Act. Such funds would be
subject to recoupment by the Treasury Department if they have not been used in a manner consistent with
section 601(d) of the Social Security Act.
May a unit of local government receiving a Fund payment transfer funds to another unit of
government?
Yes. For example, a county may transfer funds to a city, town, or school district within the county and a
county or city may transfer funds to its State, provided that the transfer qualifies as a necessary
expenditure incurred due to the public health emergency and meets the other criteria of section 601(d) of
the Social Security Act outlined in the Guidance. For example, a transfer from a county to a constituent
city would not be permissible if the funds were intended to be used simply to fill shortfalls in government
revenue to cover expenditures that would not otherwise qualify as an eligible expenditure.
Is a Fund payment recipient required to transfer funds to a smaller, constituent unit of government
within its borders?
No. For example, a county recipient is not required to transfer funds to smaller cities within the county’s
borders.
Are recipients required to use other federal funds or seek reimbursement under other federal programs
before using Fund payments to satisfy eligible expenses?
No. Recipients may use Fund payments for any expenses eligible under section 601(d) of the Social
Security Act outlined in the Guidance. Fund payments are not required to be used as the source of
funding of last resort. However, as noted below, recipients may not use payments from the Fund to cover
expenditures for which they will receive reimbursement.
Are there prohibitions on combining a transaction supported with Fund payments with other CARES
Act funding or COVID-19 relief Federal funding?
Recipients will need to consider the applicable restrictions and limitations of such other sources of
funding. In addition, expenses that have been or will be reimbursed under any federal program, such as
the reimbursement by the federal government pursuant to the CARES Act of contributions by States to
State unemployment funds, are not eligible uses of Fund payments.
Are States permitted to use Fund payments to support state unemployment insurance funds generally?
To the extent that the costs incurred by a state unemployment insurance fund are incurred due to the
COVID-19 public health emergency, a State may use Fund payments to make payments to its respective
state unemployment insurance fund, separate and apart from such State’s obligation to the unemployment
insurance fund as an employer. This will permit States to use Fund payments to prevent expenses related
to the public health emergency from causing their state unemployment insurance funds to become
insolvent.
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Item 3.DRAFT
3
Are recipients permitted to use Fund payments to pay for unemployment insurance costs incurred by
the recipient as an employer?
Yes, Fund payments may be used for unemployment insurance costs incurred by the recipient as an
employer (for example, as a reimbursing employer) related to the COVID-19 public health emergency if
such costs will not be reimbursed by the federal government pursuant to the CARES Act or otherwise.
The Guidance states that the Fund may support a “broad range of uses” including payroll expenses for
several classes of employees whose services are “substantially dedicated to mitigating or responding to
the COVID-19 public health emergency.” What are some examples of types of covered employees?
The Guidance provides examples of broad classes of employees whose payroll expenses would be eligible
expenses under the Fund. These classes of employees include public safety, public health, health care,
human services, and similar employees whose services are substantially dedicated to mitigating or
responding to the COVID-19 public health emergency. Payroll and benefit costs associated with public
employees who could have been furloughed or otherwise laid off but who were instead repurposed to
perform previously unbudgeted functions substantially dedicated to mitigating or responding to the
COVID-19 public health emergency are also covered. Other eligible expenditures include payroll and
benefit costs of educational support staff or faculty responsible for developing online learning capabilities
necessary to continue educational instruction in response to COVID-19-related school closures. Please
see the Guidance for a discussion of what is meant by an expense that was not accounted for in the budget
most recently approved as of March 27, 2020.
In some cases, first responders and critical health care workers that contract COVID-19 are eligible
for workers’ compensation coverage. Is the cost of this expanded workers compensation coverage
eligible?
Increased workers compensation cost to the government due to the COVID-19 public health emergency
incurred during the period beginning March 1, 2020, and ending December 30, 2020, is an eligible
expense.
If a recipient would have decommissioned equipment or not renewed a lease on particular office space
or equipment but decides to continue to use the equipment or to renew the lease in order to respond to
the public health emergency, are the costs associated with continuing to operate the equipment or the
ongoing lease payments eligible expenses?
Yes. To the extent the expenses were previously unbudgeted and are otherwise consistent with section
601(d) of the Social Security Act outlined in the Guidance, such expenses would be eligible.
May recipients provide stipends to employees for eligible expenses (for example, a stipend to employees
to improve telework capabilities) rather than require employees to incur the eligible cost and submit for
reimbursement?
Expenditures paid for with payments from the Fund must be limited to those that are necessary due to the
public health emergency. As such, unless the government were to determine that providing assistance in
the form of a stipend is an administrative necessity, the government should provide such assistance on a
reimbursement basis to ensure as much as possible that funds are used to cover only eligible expenses.
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Item 3.DRAFT
4
May Fund payments be used for COVID-19 public health emergency recovery planning?
Yes. Expenses associated with conducting a recovery planning project or operating a recovery
coordination office would be eligible, if the expenses otherwise meet the criteria set forth in section
601(d) of the Social Security Act outlined in the Guidance.
Are expenses associated with contact tracing eligible?
Yes, expenses associated with contract tracing are eligible.
To what extent may a government use Fund payments to support the operations of private hospitals?
Governments may use Fund payments to support public or private hospitals to the extent that the costs are
necessary expenditures incurred due to the COVID-19 public health emergency, but the form such
assistance would take may differ. In particular, financial assistance to private hospitals could take the
form of a grant or a short-term loan.
May payments from the Fund be used to assist individuals with enrolling in a government benefit
program for those who have been laid off due to COVID-19 and thereby lost health insurance?
Yes. To the extent that the relevant government official determines that these expenses are necessary and
they meet the other requirements set forth in section 601(d) of the Social Security Act outlined in the
Guidance, these expenses are eligible.
May recipients use Fund payments to facilitate livestock depopulation incurred by producers due to
supply chain disruptions?
Yes, to the extent these efforts are deemed necessary for public health reasons or as a form of economic
support as a result of the COVID-19 health emergency.
Would providing a consumer grant program to prevent eviction and assist in preventing homelessness
be considered an eligible expense?
Yes, assuming that the recipient considers the grants to be a necessary expense incurred due to the
COVID-19 public health emergency and the grants meet the other requirements for the use of Fund
payments under section 601(d) of the Social Security Act outlined in the Guidance. As a general matter,
providing assistance to recipients to enable them to meet property tax requirements would not be an
eligible use of funds, but exceptions may be made in the case of assistance designed to prevent
foreclosures.
May recipients create a “payroll support program” for public employees?
Use of payments from the Fund to cover payroll or benefits expenses of public employees are limited to
those employees whose work duties are substantially dedicated to mitigating or responding to the
COVID-19 public health emergency.
May recipients use Fund payments to cover employment and training programs for employees that
have been furloughed due to the public health emergency?
Yes, this would be an eligible expense if the government determined that the costs of such employment
and training programs would be necessary due to the public health emergency.
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5
May recipients use Fund payments to provide emergency financial assistance to individuals and
families directly impacted by a loss of income due to the COVID-19 public health emergency?
Yes, if a government determines such assistance to be a necessary expenditure. Such assistance could
include, for example, a program to assist individuals with payment of overdue rent or mortgage payments
to avoid eviction or foreclosure or unforeseen financial costs for funerals and other emergency individual
needs. Such assistance should be structured in a manner to ensure as much as possible, within the realm
of what is administratively feasible, that such assistance is necessary.
The Guidance provides that eligible expenditures may include expenditures related to the provision of
grants to small businesses to reimburse the costs of business interruption caused by required closures.
What is meant by a “small business,” and is the Guidance intended to refer only to expenditures to
cover administrative expenses of such a grant program?
Governments have discretion to determine what payments are necessary. A program that is aimed at
assisting small businesses with the costs of business interruption caused by required closures should be
tailored to assist those businesses in need of such assistance. The amount of a grant to a small business to
reimburse the costs of business interruption caused by required closures would also be an eligible
expenditure under section 601(d) of the Social Security Act, as outlined in the Guidance.
The Guidance provides that expenses associated with the provision of economic support in connection
with the public health emergency, such as expenditures related to the provision of grants to small
businesses to reimburse the costs of business interruption caused by required closures, would
constitute eligible expenditures of Fund payments. Would such expenditures be eligible in the absence
of a stay-at-home order?
Fund payments may be used for economic support in the absence of a stay-at-home order if such
expenditures are determined by the government to be necessary. This may include, for example, a grant
program to benefit small businesses that close voluntarily to promote social distancing measures or that
are affected by decreased customer demand as a result of the COVID-19 public health emergency.
May Fund payments be used to assist impacted property owners with the payment of their property
taxes?
Fund payments may not be used for government revenue replacement, including the provision of
assistance to meet tax obligations.
May Fund payments be used to replace foregone utility fees? If not, can Fund payments be used as a
direct subsidy payment to all utility account holders?
Fund payments may not be used for government revenue replacement, including the replacement of
unpaid utility fees. Fund payments may be used for subsidy payments to electricity account holders to the
extent that the subsidy payments are deemed by the recipient to be necessary expenditures incurred due to
the COVID-19 public health emergency and meet the other criteria of section 601(d) of the Social
Security Act outlined in the Guidance. For example, if determined to be a necessary expenditure, a
government could provide grants to individuals facing economic hardship to allow them to pay their
utility fees and thereby continue to receive essential services.
Could Fund payments be used for capital improvement projects that broadly provide potential
economic development in a community?
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Item 3.DRAFT
6
In general, no. If capital improvement projects are not necessary expenditures incurred due to the
COVID-19 public health emergency, then Fund payments may not be used for such projects.
However, Fund payments may be used for the expenses of, for example, establishing temporary public
medical facilities and other measures to increase COVID-19 treatment capacity or improve mitigation
measures, including related construction costs.
The Guidance includes workforce bonuses as an example of ineligible expenses but provides that
hazard pay would be eligible if otherwise determined to be a necessary expense. Is there a specific
definition of “hazard pay”?
Hazard pay means additional pay for performing hazardous duty or work involving physical hardship, in
each case that is related to COVID-19.
The Guidance provides that ineligible expenditures include “[p]ayroll or benefits expenses for
employees whose work duties are not substantially dedicated to mitigating or responding to the
COVID-19 public health emergency.” Is this intended to relate only to public employees?
Yes. This particular nonexclusive example of an ineligible expenditure relates to public employees. A
recipient would not be permitted to pay for payroll or benefit expenses of private employees and any
financial assistance (such as grants or short-term loans) to private employers are not subject to the
restriction that the private employers’ employees must be substantially dedicated to mitigating or
responding to the COVID-19 public health emergency.
May counties pre-pay with CARES Act funds for expenses such as a one or two-year facility lease,
such as to house staff hired in response to COVID-19?
A government should not make prepayments on contracts using payments from the Fund to the extent that
doing so would not be consistent with its ordinary course policies and procedures.
Questions Related to Administration of Fund Payments
Do governments have to return unspent funds to Treasury?
Yes. Section 601(f)(2) of the Social Security Act, as added by section 5001(a) of the CARES Act,
provides for recoupment by the Department of the Treasury of amounts received from the Fund that have
not been used in a manner consistent with section 601(d) of the Social Security Act. If a government has
not used funds it has received to cover costs that were incurred by December 30, 2020, as required by the
statute, those funds must be returned to the Department of the Treasury.
What records must be kept by governments receiving payment?
A government should keep records sufficient to demonstrate that the amount of Fund payments to the
government has been used in accordance with section 601(d) of the Social Security Act
May recipients deposit Fund payments into interest bearing accounts?
Yes, provided that if recipients separately invest amounts received from the Fund, they must use the
interest earned or other proceeds of these investments only to cover expenditures incurred in accordance
with section 601(d) of the Social Security Act and the Guidance on eligible expenses. If a government
deposits Fund payments in a government’s general account, it may use those funds to meet immediate
cash management needs provided that the full amount of the payment is used to cover necessary
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Item 3.DRAFT
7
expenditures. Fund payments are not subject to the Cash Management Improvement Act of 1990, as
amended.
May governments retain assets purchased with payments from the Fund?
Yes, if the purchase of the asset was consistent with the limitations on the eligible use of funds provided
by section 601(d) of the Social Security Act.
What rules apply to the proceeds of disposition or sale of assets acquired using payments from the
Fund?
If such assets are disposed of prior to December 30, 2020, the proceeds would be subject to the
restrictions on the eligible use of payments from the Fund provided by section 601(d) of the Social
Security Act.
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Item 3.DRAFT
Coronavirus Relief Fund
Guidance for State, Territorial, Local, and Tribal Governments
April 22, 2020
The purpose of this document is to provide guidance to recipients of the funding available under section
601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic
Security Act (“CARES Act”). The CARES Act established the Coronavirus Relief Fund (the “Fund”)
and appropriated $150 billion to the Fund. Under the CARES Act, the Fund is to be used to make
payments for specified uses to States and certain local governments; the District of Columbia and U.S.
Territories (consisting of the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana Islands); and Tribal governments.
The CARES Act provides that payments from the Fund may only be used to cover costs that—
1. are necessary expenditures incurred due to the public health emergency with respect to
the Coronavirus Disease 2019 (COVID–19);
2. were not accounted for in the budget most recently approved as of March 27, 2020 (the
date of enactment of the CARES Act) for the State or government; and
3. were incurred during the period that begins on March 1, 2020, and ends on December 30,
2020.1
The guidance that follows sets forth the Department of the Treasury’s interpretation of these limitations
on the permissible use of Fund payments.
Necessary expenditures incurred due to the public health emergency
The requirement that expenditures be incurred “due to” the public health emergency means that
expenditures must be used for actions taken to respond to the public health emergency. These may
include expenditures incurred to allow the State, territorial, local, or Tribal government to respond
directly to the emergency, such as by addressing medical or public health needs, as well as expenditures
incurred to respond to second-order effects of the emergency, such as by providing economic support to
those suffering from employment or business interruptions due to COVID-19-related business closures.
Funds may not be used to fill shortfalls in government revenue to cover expenditures that would not
otherwise qualify under the statute. Although a broad range of uses is allowed, revenue replacement is
not a permissible use of Fund payments.
The statute also specifies that expenditures using Fund payments must be “necessary.” The Department
of the Treasury understands this term broadly to mean that the expenditure is reasonably necessary for its
intended use in the reasonable judgment of the government officials responsible for spending Fund
payments.
Costs not accounted for in the budget most recently approved as of March 27, 2020
The CARES Act also requires that payments be used only to cover costs that were not accounted for in
the budget most recently approved as of March 27, 2020. A cost meets this requirement if either (a) the
cost cannot lawfully be funded using a line item, allotment, or allocation within that budget or (b) the cost
1 See Section 601(d) of the Social Security Act, as added by section 5001 of the CARES Act.
1
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Item 3.DRAFT
is for a substantially different use from any expected use of funds in such a line item, allotment, or
allocation.
The “most recently approved” budget refers to the enacted budget for the relevant fiscal period for the
particular government, without taking into account subsequent supplemental appropriations enacted or
other budgetary adjustments made by that government in response to the COVID-19 public health
emergency. A cost is not considered to have been accounted for in a budget merely because it could be
met using a budgetary stabilization fund, rainy day fund, or similar reserve account.
Costs incurred during the period that begins on March 1, 2020, and ends on December 30, 2020
A cost is “incurred” when the responsible unit of government has expended funds to cover the cost.
Nonexclusive examples of eligible expenditures
Eligible expenditures include, but are not limited to, payment for:
1. Medical expenses such as:
• COVID-19-related expenses of public hospitals, clinics, and similar facilities.
• Expenses of establishing temporary public medical facilities and other measures to increase
COVID-19 treatment capacity, including related construction costs.
• Costs of providing COVID-19 testing, including serological testing.
• Emergency medical response expenses, including emergency medical transportation, related
to COVID-19.
• Expenses for establishing and operating public telemedicine capabilities for COVID-19-
related treatment.
2. Public health expenses such as:
• Expenses for communication and enforcement by State, territorial, local, and Tribal
governments of public health orders related to COVID-19.
• Expenses for acquisition and distribution of medical and protective supplies, including
sanitizing products and personal protective equipment, for medical personnel, police officers,
social workers, child protection services, and child welfare officers, direct service providers
for older adults and individuals with disabilities in community settings, and other public
health or safety workers in connection with the COVID-19 public health emergency.
• Expenses for disinfection of public areas and other facilities, e.g., nursing homes, in response
to the COVID-19 public health emergency.
• Expenses for technical assistance to local authorities or other entities on mitigation of
COVID-19-related threats to public health and safety.
• Expenses for public safety measures undertaken in response to COVID-19.
• Expenses for quarantining individuals.
3. Payroll expenses for public safety, public health, health care, human services, and similar
employees whose services are substantially dedicated to mitigating or responding to the COVID-
19 public health emergency.
2
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Item 3.DRAFT
4. Expenses of actions to facilitate compliance with COVID-19-related public health measures, such
as:
• Expenses for food delivery to residents, including, for example, senior citizens and other
vulnerable populations, to enable compliance with COVID-19 public health precautions.
• Expenses to facilitate distance learning, including technological improvements, in connection
with school closings to enable compliance with COVID-19 precautions.
• Expenses to improve telework capabilities for public employees to enable compliance with
COVID-19 public health precautions.
• Expenses of providing paid sick and paid family and medical leave to public employees to
enable compliance with COVID-19 public health precautions.
• COVID-19-related expenses of maintaining state prisons and county jails, including as relates
to sanitation and improvement of social distancing measures, to enable compliance with
COVID-19 public health precautions.
• Expenses for care for homeless populations provided to mitigate COVID-19 effects and
enable compliance with COVID-19 public health precautions.
5. Expenses associated with the provision of economic support in connection with the COVID-19
public health emergency, such as:
• Expenditures related to the provision of grants to small businesses to reimburse the costs of
business interruption caused by required closures.
• Expenditures related to a State, territorial, local, or Tribal government payroll support
program.
• Unemployment insurance costs related to the COVID-19 public health emergency if such
costs will not be reimbursed by the federal government pursuant to the CARES Act or
otherwise.
6. Any other COVID-19-related expenses reasonably necessary to the function of government that
satisfy the Fund’s eligibility criteria.
Nonexclusive examples of ineligible expenditures 2
The following is a list of examples of costs that would not be eligible expenditures of payments from the
Fund.
1. Expenses for the State share of Medicaid.3
2. Damages covered by insurance.
3. Payroll or benefits expenses for employees whose work duties are not substantially dedicated to
mitigating or responding to the COVID-19 public health emergency.
2 In addition, pursuant to section 5001(b) of the CARES Act, payments from the Fund may not be expended for an
elective abortion or on research in which a human embryo is destroyed, discarded, or knowingly subjected to risk of
injury or death. The prohibition on payment for abortions does not apply to an abortion if the pregnancy is the result
of an act of rape or incest; or in the case where a woman suffers from a physical disorder, physical injury, or
physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that
would, as certified by a physician, place the woman in danger of death unless an abortion is performed.
Furthermore, no government which receives payments from the Fund may discriminate against a health care entity
on the basis that the entity does not provide, pay for, provide coverage of, or refer for abortions.
3 See 42 C.F.R. § 433.51 and 45 C.F.R. § 75.306.
3
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Item 3.DRAFT
4. Expenses that have been or will be reimbursed under any federal program, such as the
reimbursement by the federal government pursuant to the CARES Act of contributions by States
to State unemployment funds.
5. Reimbursement to donors for donated items or services.
6. Workforce bonuses other than hazard pay or overtime.
7. Severance pay.
8. Legal settlements.
4
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Item 3.DRAFT
Courthouse-On-The-Square ● 110 West Hickory ● Denton, Texas 76201
(940) 349-2830 ● Fax (940) 349-2831 ● www.dentoncounty.com
Denton County Commissioners Court
County Judge Andy Eads
Hugh Coleman
Precinct 1
Ron Marchant
Precinct 2
Bobbie J. Mitchell
Precinct 3
Dianne Edmondson
Precinct 4
MEMORANDUM
To: All Denton County Mayors
From: Denton County Commissioners Court
Date: May 29, 2020
Re: COVID -19 Relief Funds – CRF Compliance Forum
The purpose of this memorandum is to provide you with an explanation of the Denton County
CRF Compliance Forum (the Forum) relating to the disbursement of funds to your municipality
(“Municipal Funds”) from the Coronavirus Relief Fund (“CRF”).
Description
The Alliance will consist of representatives from both the County and each municipality electing
an upfront allotment of Municipal Funds.
The Alliance will act as a single, integrated program in which everyone works together, rather
than separately. The intension of the Alliance is to benefit everyone mutually.
The work of the Alliance will commence immediately and will end upon the completion of the
Treasury compliance audit.
Purpose
The purpose of the Alliance is to promote administrative efficiency, streamline initial
compliance measures, continue coordination through a potential audit, and foster collaboration
between our cities and County.
A highly collaborative, organized effort will ease the administrative burdens and c osts of
complying with the CRF regulations. The Forum will establish a framework for tracking and
accounting for the disbursements and spending.
Identify funds not likely to be expended so they can be reallocated to other Denton County
programs.
Benef its
The Forum will help provide answers to ongoing issues and specific questions (e.g., eligible uses
of funds).
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Item 3.DRAFT
Denton County Commissioners Court
2 | P a g e
The Forum will also assist with documentation and retention of eligible expenses, both of which
should reduce overall noncompliance risk. Our efforts on the front -end is a much better way to
prepare for and manage a U.S. Treasury compliance audit.
A collaborative effort will also help strategically allocate funds to the areas and industries in
most need, avoiding duplicative efforts.
Forum Overview
Why is this necessary? Two important reasons. First, the CRF guidelines are new, and there is a
reasonable amount of uncertainty about some of the specifics. We would prefer a unified
understanding of the guidelines. Second, the U.S. Treasury has the ability, under the CRF
regulations, to recoup (clawback) any funds not used, or used for ineligible purposes.
What are we asking for from our cities? Your commitment to work together. An appointed
person from each municipality joins the Forum and participates in monthly meetings to address
and communicate ongoing concerns.
C: Monica Latin, Bruce Hendrick, Ted Harrington
of Carrington, Coleman Sloman & Blumenthal, L.L.P.
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Item 3.DRAFT
Denton County Commissioners Court
3 | P a g e
Denton County Coronavirus Relief Fund
Municipality Disbursements
Certification
(Statement of Compliance)
Pursuant to the Interlocal Cooperation Agreement, CARES Act, and applicable Treasury
Guidance regarding the Coronavirus Relief Fund , I hereby submit this Certification that all funds
received by the municipality from the County (“Municipal Funds”), were used in compliance
with the required guidelines.
I further submit, along with this Certification, all appropriate and necessary supporting
documentation, including any explanations of expenses, accounting for all Municipal Funds
received.
I submit this Certification, along with the accompanying documentation, which together
constitute the Statement of Compliance, as conclusive evidence that the municipality used its
Municipal Funds in eligible uses as set forth by the Coronavirus Relief Fund requirements.
___________________________________________
Signature of Responsible Person
___________________________________________
Date
Please complete the Certification and return it to Shannon Joski, Denton County Director
of Administration at crfcitygrants@dentoncounty.com by February 1, 2021.
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Item 3.DRAFT
Denton County Commissioners Court
4 | P a g e
DENTON COUNTY CORONAVIRUS RELIEF FUND
Disbursement of Municipal Funds to Municipality
Acknowledgement
I hereby acknowledge the intention in good faith, on behalf of my municipality, to participate in
the CRF Compliance Forum. This acknowledgement does not constitute a legally binding
commitment.
Name of City Participant
___________________________________________
Signature of Municipal Official
___________________________________________
Date
Please complete the acknowledgement and return it to Shannon Joski, Denton County
Director of Administration at crfcitygrants@dentoncounty.com as soon as possible.
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Item 3.DRAFT
Denton County Commissioners Court
5 | P a g e
MEMORANDUM
To: All Denton County Mayors
From: Denton County Commissioners Court
Date: May 29, 2020
Re: COVID -19 Relief Funds – Next Steps
The purpose of this memorandum is to provide you with our proposed guidance and timetable on
our next steps, in order to receive your allocated disbursement from the Coronavirus Relief Fund
(“Municipal Funds”).
NEXT STEPS
(1) Paperwork. Please review all of the materials included in this package. If you have
questions, please call the County Judge’s office at (940-349-2820) or email Shannon
Joski at crfcitygrants@dentoncounty.com.
(2) Acknowledgment. Please sign, date and return the Acknowledgement (included) to
confirm your willingness to participate in the CRF Compliance Forum.
(3) Request for Information. Please respond to our request for information. In advance of
funding, we are requesting each municipality to provide us with the following: (a) a
budget for the use of the Municipal Funds (the “Budget of Expenditures and Description
of Eligible Uses”) and (b) a copy of your resolutions, if any, approving Economic
Development Programs contemplating the use of Municipal Funds under Texas Local
Government Code Chapter 380. Upon receipt of these materials, we shall immediately
review them for compliance.
(4) Interlocal Agreement (ILA). Please sign the attached ILA between the County and City
and return it to t he County.
(5) Funding. Once we receive the signed documents and requested information and it is
determined to be acceptable, we shall, as quickly as possible, transfer the agreed -upon
funds to you.
(6) CRF Compliance Forum. See attached copy of the Memorandum presented in our May
22nd meeting.
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Denton County Commissioners Court
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TIMETABLE
Following is our proposed timetable for the above steps.
Commissioners Court Approval: May 29, 2020
Return Acknowledgement: As soon as possible
Return Requested Information: As soon as possible
Begin Funding: Timely, upon receipt of Requested Information
Begin Forum Meetings June 17, 2020
Thank you in advance for your cooperation. We look forward to working together to make the
rollout of these funds a huge success to our communities. If you h ave any questions, please do
not hesitate to contact your County Commissioner or the County Judge’s Office .
C: Monica Latin, Bruce Hendrick and Ted Harrington
of Carrington Coleman, Sloman & Blumenthal, LLP
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Item 3.DRAFT
Page 1 of 1
To: Mayor and Town Council
From: Betty Pamplin, Finance Director
Through: Harlan Jefferson, Town Manager
Re: Tow n Council Meeting – June 23, 2020
Agenda Item:
Consider and act upon an ordinance amending Ordinance No. 19-65 (FY 2019-2020 Budget).
(BP)
Description of Agenda Item:
This budget amendment increases the CARES Act Grant Fund (new fund) expenditure budget by
$1,344,150 to appropriate a budget for the CARES Act funds received from Collin County and
Denton County.
Budget Impact:
The CARES Act Grant Fund expenditures will increase by $1,344,150, and the CARES Act Grant
Fund revenue will increase by $1,344,150.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed and approved the budget
amendment ordinance as to form and legality.
Attached Documents:
1. Ordinance
Town Staff Recommendation:
Town staff recommends approval of amending Ordinance No. 19-65 (FY 2019-2020 Budget) to
provide funding increased expenditures in the CARES Act Grant Fund.
Proposed Motion:
I move to approve amending Ordinance No. 19-65 (FY 2019-2020 Budget) to provide funding
increased expenditures in the CARES Act Grant Fund.
Prosper is a place where everyone matters.
FINANCE DEPARTMENT
Page 50
Item 4.DRAFT
TOWN OF PROSPER, TEXAS ORDINANCE NO. 20-xx
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
ORDINANCE NO. 19-65 (FY 2019-2020 BUDGET) AND ALLOCATING FUNDS
TO FUND INCREASED EXPENDITURES OF $1,344,150 IN THE CARES ACT
GRANT FUND BUDGET; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF
THIS ORDINANCE.
WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”), has
investigated and determined that it will be beneficial and advantageous to the residents of the
Town of Prosper, Texas (“Prosper”), to amend Ordinance No. 19-65 (FY 2019-2020 Budget) for
the purposes listed in Exhibit “A,” attached hereto and incorporated herein by reference; and
WHEREAS, the changes will result in budgeted funds being allocated and an overall net
neutral effect on the budget.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2
Amendment to Ordinance No. 19-65 (FY 2019-2020 Budget). Ordinance No. 19-65 (FY
2019-2020 Budget) is hereby amended to allow for reallocation of appropriations as shown in
Exhibit “A,” attached hereto and incorporated herein by reference.
SECTION 3
Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance
are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the
repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any
violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting
ordinances shall remain in full force and effect.
SECTION 4
Severability. Should any section, subsection, sentence, clause, or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. Prosper hereby declares that it would have passed this Ordinance, and each section,
subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid.
Page 51
Item 4.DRAFT
Ordinance No. 20-xx, Page 2
SECTION 5
Effective Date. This Ordinance shall become effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 23RD DAY OF JUNE, 2020.
TOWN OF PROSPER, TEXAS
___________________________________
Ray Smith, Mayor
ATTEST TO:
Melissa Lee, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
________________________________
Terrence S. Welch, Town Attorney
Page 52
Item 4.DRAFT
CARES Act Grant Fund Original Budget Amended Budget Increase
(Decrease)
Total Revenues: $ - $ 1,344,150 $ 1,344,150
Total $ - $ 1,344,150 $ 1,344,150
Expenditures:- 1,344,150 1,344,150
Total -$ 1,344,150$ 1,344,150$
Total Revenue 1,344,150$
Total Expenditures 1,344,150$
Net Effect All Funds -$
EXHIBIT "A"
BUDGET AMENDMENT
FISCAL YEAR 2019-2020
June 23, 2020
Ordinance No. 20-XX Page 3 Page 53
Item 4.DRAFT
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr, P.E., Director of Engineering Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – June 23, 2020
Agenda Item:
Consider and act upon approving the purchase of Traffic Signal related items for the Temporary
Traffic Signal at Fishtrap & Gee Road and the Permanent Traffic Signal at Coit Road & Richland
Boulevard, from Consolidated Traffic Controls, Inc., through the Houston-Galveston Area Council
(HGAC) Cooperative Purchasing Program.
Description of Agenda Item:
Traffic signal design plans are 60% complete for a temporary traffic signal at the Fishtrap and Gee
Road intersection, and a permanent traffic signal at the Coit Road and Richland Boulevard
intersection. The temporary traffic signal at Fishtrap and Gee Road will consist of galvanized steel
poles with span wires supporting the traffic signal heads, similar to what was installed on First
Street and the Dallas North Tollway prior to the permanent traffic signal being constructed with the
DNT Southbound Frontage Road project. In the future, a permanent traffic signal will be installed
when the additional lanes of Fishtrap and Gee Road are constructed. At that time, the temporary
galvanized steel poles will be removed and stored at Public Works to be re-used by the Town for
other intersections that require the construction of temporary traffic signals.
Due to the ten (10) to fourteen (14) week time required to manufacture, powder coat, and deliver
the signal poles and mast arms, staff continues the policy of pre-ordering the materials needed,
using the HGAC Cooperative Purchasing Program, while the design plans are being finalized. At
this time, the design plans are anticipated to be complete and ready to advertise for bids in July
2020.
Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code,
Chapter 791, to enter into joint contracts and agreements for the performance of governmental
functions and services, including administrative functions normally associated with the operation
of government (such as purchasing necessary materials and equipment).
The Town of Prosper and HGAC entered into an Interlocal Agreement, effective January 4, 2001,
which allows our local government to purchase certain goods or services through HGAC. The
agreement renews automatically each fiscal year, unless cancelled by either party.
Prosper is a place where everyone matters.
ENGINEERING
SERVICES
Page 54
Item 5.DRAFT
Page 2 of 2
Budget Impact:
The budget for the construction of the temporary traffic signal at Fishtrap and Gee Road is
$250,000 and will be funded by Account No. 680-6610-50-00-2004-TR. The cost for the traffic
signal equipment associated with this item is $52,513, and the remaining $197,487 will be used
to fund the installation.
The budget for the construction of the permanent traffic signal at Coit Road and Richland
Boulevard was increased from $250,000 to $450,000 at the April 28, 2020, Town Council meeting,
and will be funded by Account No. 660-6610-50-00-2005-TR. The cost for the traffic signal
equipment associated with this item is $122,803.65, and the remaining $327,196.35 will be used
to fund the installation. In comparison, the recent award for the installation of the traffic signal at
Fishtrap Road and Teel Parkway was $286,225.
Attached Documents:
1. HGAC Contract Pricing Worksheets
Town Staff Recommendation:
Town staff recommends approving the purchase of Traffic Signal related items for the Temporary
Traffic Signal at Fishtrap & Gee Road and the Permanent Traffic Signal at Coit Road & Richland
Boulevard, from Consolidated Traffic Controls, Inc., through the Houston-Galveston Area Council
(HGAC) Cooperative Purchasing Program.
Proposed Motion:
I move to approve the purchase of Traffic Signal related items for the Temporary Traffic Signal at
Fishtrap & Gee Road and the Permanent Traffic Signal at Coit Road & Richland Boulevard, from
Consolidated Traffic Controls, Inc., through the Houston-Galveston Area Council (HGAC)
Cooperative Purchasing Program.
Page 55
Item 5.DRAFT
Contract
No.:PE-05-19 Date
Prepared:6/15/2020
Buying
Agency:Contractor:
Contact
Person:
Prepared
By:
Phone:Phone:
Fax:Fax:
Email:Email:
Line
Number Quan Description Unit Pr Total
600 1 110610-MM Model 764 Multimode Phase Selector 2,946.00$ 2,946.00$
604 3 110258 Model 721 Detector 535.00$ 1,605.00$
672 500 110216A Model 138 Cable 500 Ft Roll (Per Ft.) 0.68$ 340.00$
679 3 101001 Span Wire Clamp 4.00$ 12.00$
809 1 87 - ICCU-S2 ICCU - Shelf Model Including Hardware Kit 2,335.00$ 2,335.00$
847 4 87-iNS23TNO-B 9X15 iNS2 APS Push Button Station Black/Black 397.00$ 1,588.00$
962 1 201502 Square Base 146.00$ 146.00$
963 1 Paint Adder Paint for Base 26.00$ 26.00$
966 1 PNS-10-501312GR Grounding Rod with Clamp and Wire 46.00$ 46.00$
969 1 PB-5325-PXX Painted Collar 72.00$ 72.00$
971 1 201001B 10' Aluminum Pole (Paint)225.00$ 225.00$
1191 1 M54705 356i ATC Cabinet, Fully Loaded, NO Controller,9,597.00$ 9,597.00$
1364 2 SP-30B-80 SP-30B-80 6,234.00$ 12,468.00$
1365 2 SP-30B-80L-8 SP-30B-80L-8 7,144.00$ 14,288.00$
1908 1 APC-TXDOT Turnkey UPS w/ APC Secure UPS 1300VA/1300 W 120 VAC In/Out RM, Bypass Unit, 12' Harness, 4,751.00$ 4,751.00$
50,445.00$
Quan Unit Pr Total
1 Upgrade M76119 to Prosper 356 Cabinet 1,888.00$ 1,888.00$
4 M14612- BRKT,POLE MOUNT ASSY,ALUM CABINET MOUNTING HARDWAR 45.00$ 180.00$
-$
-$
2,068.00$
4%
Quan Unit Pr Total
-$
-$
-$
52,513.00$
Subtotal C:
Delivery Date: 30 to 45 Days ARO D. Total Purchase Price (A+B+C):
Total From Other Sheets, If Any:
Subtotal B:
Check: The total cost of Unpublished Options (Subtotal B) cannot exceed 25% of
the total from Section A.For this transaction the percentage is:
C. Other Allowances, Discounts, Trade-Ins, Freight, Make Ready or Miscellaneous Charges
Description
Subtotal A:
B. Unpublished Options, Accessory or Service items - Itemize Below - Attach Additional Sheet If Necessary
(Note: Unpublished Items are any which were not submitted and priced in contractor's bid.)
Description
Catalog / Price Sheet
Name:Traffic Control, Enforcement & Signal Preemption Equipment
General Description
of Product:Traffic Control Equipment
A. Catalog / Price Sheet Items being purchased - Itemize Below - Attach Additional Sheet If Necessary
Total From Other Sheets, If Any:
-
0 800-448-8841
800-448-8850
pete_Anaya@prospertx.gov Bobby.Hale@ctc-traffic.com
CONTRACT PRICING WORKSHEET
For Catalog & Price Sheet Type Purchases
This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed
to H-GAC @ 713-993-4548. Therefore please type or print legibly.
Prosper Consolidated Traffic Controls, Inc.
Pete Anaya Bobby Hale
Page 56
Item 5.DRAFT
Contract
No.:PE-05-19 Date
Prepared:6/15/2020
Buying
Agency:Contractor:
Contact
Person:
Prepared
By:
Phone:Phone:
Fax:Fax:
Email:Email:
Line
Number Quan Description Unit Pr Total
600 1 110610-MM Model 764 Multimode Phase Selector 2,946.00$ 2,946.00$
604 4 110258 Model 721 Detector 535.00$ 2,140.00$
673 1000 110216B Model 138 Cable 1,000 Ft Roll (Per Ft.) 0.68$ 680.00$
678 4 201011 3/4" Narrow Hub (IR)13.00$ 52.00$
809 1 87 - ICCU-S2 ICCU - Shelf Model Including Hardware Kit 2,335.00$ 2,335.00$
847 8 87-iNS23TNO-B 9X15 iNS2 APS Push Button Station Black/Black 397.00$ 3,176.00$
962 8 201502 Square Base 146.00$ 1,168.00$
963 8 Paint Adder Paint for Base 26.00$ 208.00$
967 8 201020 Collar 62.00$ 496.00$
968 8 PB-5325-PXX Collar Paint 10.00$ 80.00$
971 8 201001B 10' Aluminum Pole (Paint)225.00$ 1,800.00$
1207 1 M76119 353i Garland Cabinet Includes Aux Display, Input Test Panel/Card, 9 LS 2202 Flashers, 2 SIU 2218-MC, 12 13,277.00$ 13,277.00$
1297 1 161407 ArmorCast Traffic Cabinet Pedestal 456.00$ 456.00$
1381 2 44' SMA-80L-8 44' SMA-80L-8 12,408.00$ 24,816.00$
1389 2 60' LMA-80/100L-8 60' LMA-80/100L-8 25,602.00$ 51,204.00$
1910 1 710001 APC Secure UPS 1300VA/1300 W 120 VAC In/Out RM Conformal Coated 1,757.00$ 1,757.00$
1912 1 710002NOGEN APC Schneider SecureUPS Bypass Unit W/O Generator input, W/O Batteries 250.00$ 250.00$
1913 1 710003 APC Schneider Battery Harness 12'188.00$ 188.00$
1918 1 710009 Set of 4 APC 100 Amp 48V Batteries 1,156.00$ 1,156.00$
1957 4 CP824DTJNNAAD1 8' x 24" viewable area with retroreflective background and EC film 2,802.00$ 11,208.00$
1976 8 MISCDECAL Logo Two or more colors price per sign 65.00$ 520.00$
1977 4 PHOTOCELL-SWIVEL Photocell Tork Swivel 26.00$ 104.00$
1981 4 EZ Bar Even Free Swing from mast arm both fixed heights 191.00$ 764.00$
120,781.00$
Quan Unit Pr Total
1 Upgrade M76119 to Prosper ATC cabinet $1,666.65 $1,666.65
1 Upgrade 161407 to Aluminum Powder coated two piece sub base $356.00 $356.00
-$
Powder coating is included in the Traffic signal pole price -$
2,022.65$
2%
Quan Unit Pr Total
-$
-$
-$
CONTRACT PRICING WORKSHEET
For Catalog & Price Sheet Type Purchases
This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed
to H-GAC @ 713-993-4548. Therefore please type or print legibly.
Prosper Consolidated Traffic Controls, Inc.
Pete Anaya Bobby Hale
0 800-448-8841
800-448-8850
pete_Anaya@prospertx.gov Bobby.Hale@ctc-traffic.com
Subtotal A:
B. Unpublished Options, Accessory or Service items - Itemize Below - Attach Additional Sheet If Necessary
(Note: Unpublished Items are any which were not submitted and priced in contractor's bid.)
Description
Catalog / Price Sheet
Name:Traffic Control, Enforcement & Signal Preemption Equipment
General Description
of Product:Traffic Control Equipment
A. Catalog / Price Sheet Items being purchased - Itemize Below - Attach Additional Sheet If Necessary
Total From Other Sheets, If Any:
Poles will have ILSN arm and be powder coated RAL 8008. 10-12 lead time from approval of pole
Subtotal C:
Total From Other Sheets, If Any:
Subtotal B:
Check: The total cost of Unpublished Options (Subtotal B) cannot exceed 25% of
the total from Section A.For this transaction the percentage is:
C. Other Allowances, Discounts, Trade-Ins, Freight, Make Ready or Miscellaneous Charges
Description
Page 57
Item 5.DRAFT
Contract
No.:PE-05-19 Date
Prepared:6/15/2020
Buying
Agency:Contractor:
Contact
Person:
Prepared
By:
Phone:Phone:
Fax:Fax:
Email:Email:
Line
Number Quan Description Unit Pr Total
CONTRACT PRICING WORKSHEET
For Catalog & Price Sheet Type Purchases
This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed
to H-GAC @ 713-993-4548. Therefore please type or print legibly.
Prosper Consolidated Traffic Controls, Inc.
Pete Anaya Bobby Hale
0 800-448-8841
800-448-8850
pete_Anaya@prospertx.gov Bobby.Hale@ctc-traffic.com
Catalog / Price Sheet
Name:Traffic Control, Enforcement & Signal Preemption Equipment
General Description
of Product:Traffic Control Equipment
A. Catalog / Price Sheet Items being purchased - Itemize Below - Attach Additional Sheet If Necessary
Poles will have ILSN arm and be powder coated RAL 8008. 10-12 lead time from approval of pole
122,803.65$ Delivery Date: 30 to 45 Days ARO D. Total Purchase Price (A+B+C):
Page 58
Item 5.DRAFT
Page 1 of 2
To: Mayor and Town Council
From: Dudley Raymond, Director of Parks and Recreation
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – June 23, 2020
Agenda Item:
Consider and act upon awarding CSP No. 2020-34-B to Ratliff Hardscape, Ltd. related to
construction services for the Whitley Place Trail Extension Project (1801-PK), and authorizing the
Town Manager to execute a construction agreement for same.
Description of Agenda Item:
On April 9, 2020, at 2:00 PM, ten proposals were opened for the Whitley Place Trail Extension
Project. The verified proposal totals ranged between $703,947.49 and $1,376,340.40. The
Engineer's Estimate was $805,990.50.
The town used the following criteria to evaluate the proposals:
Qualifications and Experience (30%)
Proposed Project Timeline (20%)
Cost Proposal (50%)
Based on the evaluation matrix, staff negotiated with Ratliff Hardscape, Ltd, and evaluated
additional value engineering options. Through negotiations and value engineering the final price
will be $653,886.00. This price includes a 10’ wide reinforced concrete trail, a 150’ pedestrian
bridge, grading, sodding, hydro-mulching, pavilion structure, along with other related
improvements.
Budget Impact:
The FY 2019-2020 Capital Improvement Program included a total budget of $680,000 in General
Funds, Grant Funds, and Bond Funds for the Whitley Place Trail Extension Project. This
agreement will be funded as follows: $167,250.00 from 2019 CO Bonds in account 750-6610-60-
00-1801-PK, and $497,875.00 Park Improvement funds in 620-6610-60-00-1801-PK. $500,000 of
the project will be reimbursed by the awarded Texas Parks and Wildlife Grant.
Legal Obligations and Review:
Prosper is a place where everyone matters.
PARKS &
RECREATION
Page 59
Item 6.DRAFT
Page 2 of 2
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard construction
agreement as to form and legality.
Attached Documents:
1. Location Map
2. Evaluation Matrix
3. Construction Agreement
Town Staff Recommendation:
Town staff recommends awarding CSP No. 2020-34-B to Ratliff Hardscape, Ltd. related to
construction services for the Whitley Place Trail Extension Project (1801-PK), and authorize the
Town Manager to execute a construction agreement for same.
Proposed Motion:
I move to award CSP 2020-34-B to Ratliff Hardscape, Ltd. related to construction services for the
Whitley Place Trail Extension Project (1801-PK), and authorize the Town Manager to execute a
construction agreement for same.
Page 60
Item 6.DRAFT
Page 61
Item 6.DRAFT
CSP NO. 2020-34-B
EVALUATION CRITERIA WEIGHTING POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
Qualifications and Experience 30%7.17 2.15 7.78 2.33 7.83 2.35 7.47 2.24 8.94 2.68 7.75 2.33 7.78 2.33 8.44 2.53 7.83 2.35 8.61 2.58
Proposed Project Timeline 20%7.95 1.59 8.00 1.60 6.67 1.33 6.49 1.30 4.00 0.80 4.00 0.80 10.00 2.00 8.00 1.60 7.27 1.45 6.86 1.37
Cost Proposal 50%7.67 3.83 6.68 3.34 6.70 3.35 7.10 3.55 9.00 4.50 7.89 3.95 5.11 2.56 8.13 4.06 10.00 5.00 7.32 3.66
TOTAL 100%7.57 7.27 7.04 7.09 7.98 7.07 6.89 8.20 8.80 7.62
WHITLEY PLACE TRAIL EXTENSION
EVALUATION MATRIX A'Lure General
Contractors LLC
Accelerated Critical
Path, Inc.
AUI Partners, LLC Ratliff Hardscape, Ltd RoeschCo
Construction, Inc.
Crossland Construction
Company
Dean Construction
(Dean Electric, Inc.)
HQS Construction Joe Funk Construction,
Inc
North Rock
Construction
Attachment 2
Page 62
Item 6.DRAFT
CSP NO: 2020-34-B
WHITLEY PLACE TRAIL EXTENSION
1
CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
WHITLEY PLACE TRAIL EXTENSION
CSP NO. 2020-34 -B
TOWN OF PROSPER
COLLIN COUNTY, TEXAS
TOWN OFFICIALS
Ray Smith, Mayor
Curry Vogelsang, Jr., Mayor Pro-Tem
Jason Dixon, Deputy Mayor Pro-Tem
Marcus E. Ray, Place 1
Craig Andres, Place 2
Meigs Miller, Place 4
Jeff Hodges, Place 5
Harlan Jefferson, Town Manager
Attachment 3
Page 63
Item 6.DRAFT
CSP NO: 2020-34-B
WHITLEY PLACE TRAIL EXTENSION
2
TABLE OF CONTENTS
TABLE OF CONTENTS .................................................................................................. 2
LEGAL NOTICE .............................................................................................................. 3
INSTRUCTIONS TO PROPOSERS ................................................................................ 4
CONSTRUCTION AGREEMENT .................................................................................... 5
PERFORMANCE BOND ............................................................................................... 17
PAYMENT BOND.......................................................................................................... 20
MAINTENANCE BOND ................................................................................................. 23
SPECIAL CONDITIONS ................................................................................................ 26
TECHNICAL SPECIFICATIONS ................................................................................... 32
GEOTECHNICAL REPORT .......................................................................................... 33
Attachment 3
Page 64
Item 6.DRAFT
CSP NO: 2020-34-B
WHITLEY PLACE TRAIL EXTENSION
3
LEGAL NOTICE
The Town of Prosper is accepting competitive sealed proposals for CSP NO. 2020-34-B WHITLEY PLACE
TRAIL EXTENSION. Proposals will be accepted online through IonWave.net, the Town’s e-procurement
system, or in hard copy in the Purchasing Office located in the 3rd Floor Finance Suite of Town Hall, 250 W.
First St., Prosper, Texas 75078 until 2:00 P.M. on Thursday, April 2, 2020. Any proposals received after
this time will not be accepted, and will be returned unopened. Proposals will be publicly opened and read
aloud in the Finance Conference Room, located in the 3rd Floor Finance Suite of Town Hall, 250 W. First St.,
Prosper, Texas 75078, immediately following the proposal deadline.
The Project consists of furnishing all labor, equipment and materials (except as otherwise specified), and
performing all work necessary for the construction of the Whitley Place Trail Extension project which generally
includes a 10’ wide reinforced concrete trail, a 150’ pedestrian bridge, grading, sodding, hydromulching,
pavilion structure, benches, etc. along with other related improvements.
Each proposal submitted shall be accompanied by a cashier's check in the amount of 5% of the maximum
amount proposed, payable without recourse to the Town of Prosper, or a Bid Bond in the same amount from
a reliable surety company as a guarantee that, if awarded the contract, the successful Contractor will execute
a Construction Agreement with the Town, including all required bonds and other documents.
The successful Contractor shall furnish a Performance Bond in the amount of 115% of the contract amount,
and a Payment Bond in the amount of 100% of the contract amount, as well as evidence of all required
insurance coverage within ten (10) calendar days of notice of award. The successful Contractor shall also
furnish a Maintenance Bond in the amount of 100% of the contract amount covering defects of material and
workmanship for two calendar years following the Town's approval and acceptance of the construction. An
approved surety company, licensed in the State of Texas, shall issue all bonds in accordance with Texas
law.
Copies of Plans, Specifications, and Contract Documents may be examined at Town of Prosper Parks and
Recreation Department, 409 E. First Street, Prosper, Texas, 75078, Phone: (972) 569-1160 without
charge. These documents may be acquired from that office for the non-refundable purchase price of $25 per
set, payable to the Town of Prosper. Copies of Plans, Specifications, and Contract Documents may also be
downloaded free of charge from Current Bidding Opportunities, at the following link:
http://www.prospertx.gov/business/bid-opportunities/.
Questions and requests for clarifications in regards to this proposal should be emailed directly to January
Cook, CPPO, CPPB, Purchasing Manager, at january_cook@prospertx.gov. The deadline for receipt of
questions and requests for clarifications is 12:00 P.M. on Friday, March 27, 2020. After that day and time,
no further questions or requests for clarifications will be accepted or answered by the Engineer or Town.
Attachment 3
Page 65
Item 6.DRAFT
CSP NO: 2020-34-B
WHITLEY PLACE TRAIL EXTENSION
4
INSTRUCTIONS TO PROPOSERS
1. Submittal Deadline: Proposals will be accepted until 2:00 P.M. on Thursday, April 2, 2020.
2. Submittal Location: Proposals will be accepted online through IonWave.net, the Town’s e-procurement
system, or in hard copy in the Purchasing Office located in the 3rd Floor Finance Suite of Town Hall, 250
W. First St., Prosper, Texas 75078.
3. Electronic Submittal Requirements: If submitting proposal through IonWave.net, Proposer shall complete
all requested information and submit all required documents.
4. Hard Copy Submittal Requirements: If submitting proposal in hard copy, Proposer shall submit one (1)
original and one (1) copy of their proposal in a sealed envelope clearly marked with their name and CSP
NO. 2020-34-B WHITLEY PLACE TRAIL EXTENSION. Proposer shall complete all requested
information and submit all required documents.
5. Proposal Opening: Proposals will be publicly opened and read aloud in the Finance Conference Room,
located in the 3rd Floor Finance Suite of Town Hall, 250 W. First St., Prosper, Texas 75078, immediately
following the proposal deadline.
6. Proposal Documents: Copies of Plans, Specifications, and Contract Documents may be examined
without charge at the following location:
Town of Prosper Parks and Recreation Department
409 E. First Street
Prosper, TX 75078
Phone: 972-569-1160
or
Download free of charge from Current Bidding Opportunities, at the following link:
http://www.prospertx.gov/business/bid-opportunities/.
7. Questions and Requests for Clarification: Questions and requests for clarifications in regard to this
proposal should be emailed directly to January Cook, CPPO, CPPB, Purchasing Manager, at
january_cook@prospertx.gov. The deadline for receipt of questions and requests for clarifications is
12:00 P.M. on Friday, March 27, 2020. After that day and time, no further questions or requests for
clarifications will be accepted or answered by the Engineer or Town.
8. Addenda: If it becomes necessary to provide additional information to potential Proposers, the Town of
Prosper will issue an addendum containing the necessary information.
9. Pre-Proposal Meeting: A pre-proposal meeting will be held for this project in the conference room in the
Parks and Recreation Administration Building, located at 409 E. First Street, Prosper, Texas 75078 at
10:00 A.M., Wednesday, March 18, 2020. Attendance is optional.
10. Site Visit: N/A
Attachment 3
Page 66
Item 6.DRAFT
CSP NO: 2020-34-B
WHITLEY PLACE TRAIL EXTENSION
5
CONSTRUCTION AGREEMENT
THE STATE OF TEXAS )
) KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN )
This Construction Agreement (the "Agreement") is made by and between Ratliff Hardscape, Ltd.,
a Texas limited company, (the "Contractor") and the Town of Prosper, Texas, a municipal corporation (the
"Owner"). For and in consideration of the payment, agreements and conditions hereinafter mentioned, and
under the conditions expressed in the bonds herein, Contractor hereby agrees to complete the construction
of improvements described as follows:
CSP NO. 2020-34-B
WHITLEY PLACE TRAIL EXTENSION
in the Town of Prosper, Texas, and all extra work in connection therewith, under the terms as stated in the
terms of this Contract, including all Contract Documents incorporated herein; and at his, her or their own
proper cost and expense to furnish all superintendence, labor, insurance, equipment, tools and other
accessories and services necessary to complete the said construction in accordance with all the Contract
Documents, incorporated herein as if written word for word, and in accordance with the Plans, which include
all maps, plats, blueprints, and other drawings and printed or written explanatory manner therefore, and the
Specifications as prepared by Town of Prosper or its consultant hereinafter called Engineer, who has been
identified by the endorsement of the Contractor's written proposal, the General Conditions of this Contract,
the Special Conditions of this Contract, the payment, performance, and maintenance bonds hereto attached;
all of which are made a part hereof and collectively evidence and constitute the entire Contract.
A. Contract Documents and Order of Precedence
The Contract Documents shall consist of the following documents:
1. this Construction Agreement;
2. properly authorized change orders;
3. the Special Conditions of this Contract;
4. the General Conditions of this Contract;
5. the Technical Specifications & Construction Drawings of this Contract;
6. the OWNER's Standard Construction Details;
7. the OWNER's Standard Construction Specifications;
8. the OWNER’s written notice to proceed to the CONTRACTOR;
9. the Contractor’s Cost Proposal;
10. any listed and numbered addenda;
11. the Performance, Payment, and Maintenance Bonds; and,
12. any other proposal materials distributed by the Owner that relate to the Project.
These Contract Documents are incorporated by reference into this Construction Agreement as if set
out here in their entirety. The Contract Documents are intended to be complementary; what is called for by
one document shall be as binding as if called for by all Contract Documents. It is specifically provided,
however, that in the event of any inconsistency in the Contract Documents, the inconsistency shall be
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resolved by giving precedence to the Contract Documents in the order in which they are listed herein above.
If, however, there exists a conflict or inconsistency between the Technical Specifications and the Construction
Drawings it shall be the Contractor’s obligation to seek clarification as to which requirements or provisions
control before undertaking any work on that component of the project. Should the Contractor fail or refuse
to seek a clarification of such conflicting or inconsistent requirements or provisions prior to any work on that
component of the project, the Contractor shall be solely responsible for the costs and expenses - including
additional time - necessary to cure, repair and/or correct that component of the project.
B. Total of Payments Due Contractor
For performance of the Work in accordance with the Contract Documents, the Owner shall pay the
Contractor in current funds an amount not to exceed Six Hundred Fifty-Three Thousand Eight Hundred
Eighty-Six dollars and no cents ($653,886.00). This amount is subject to adjustment by change order in
accordance with the Contract Documents.
C. Dates to Start and Complete Work
Contractor shall begin work within ten (10) calendar days after receiving a written Notice to Proceed
or written Work Order from the Owner. All Work required under the Contract Documents shall be substantially
completed within 150 calendar days after the date of the Notice to Proceed for the base proposal. Within 15
additional calendar days after Substantial Completion, all outstanding issues shall be addressed and ready
for final payment.
Under this Construction Agreement, all references to “day” are to be considered “calendar days”
unless noted otherwise.
D. CONTRACTOR'S INDEMNITY TO THE OWNER AND OTHERS
CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY,
DEFEND AND HOLD HARMLESS THE TOWN OF PROSPER (OWNER) TOGETHER WITH ITS MAYOR
AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES, IN BOTH
THEIR PUBLIC AND PRIVATE CAPACITIES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS,
COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR
SETTLEMENT, COURT COSTS AND ATTORNEY FEES WHICH MAY ARISE BY REASON OF INJURY TO
OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGE TO, OR LOSS OF USE OF ANY PROPERTY
OCCASIONED BY ERROR, OMISSION, OR NEGLIGENT ACT OF CONTRACTOR, ITS
SUBCONTRACTORS, ANY OFFICERS, AGENTS OR EMPLOYEES OF CONTRACTOR OR ANY
SUBCONTRACTORS, INVITEES, AND ANY OTHER THIRD PARTIES OR PERSONS FOR WHOM OR
WHICH CONTRACTOR IS LEGALLY RESPONSIBLE, IN ANY WAY ARISING OUT OF, RELATING TO,
RESULTING FROM, OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT, AND CONTRACTOR WILL AT HIS OR HER OWN COST AND EXPENSE DEFEND AND PROTECT TOWN OF
PROSPER (OWNER) FROM ANY AND ALL SUCH CLAIMS AND DEMANDS.
CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY,
DEFEND AND HOLD HARMLESS TOWN OF PROSPER (OWNER) TOGETHER WITH ITS MAYOR AND
TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES, FROM AND
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AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND
INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEYS
FEES FOR INJURY OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGES TO, OR LOSS OF USE
OF ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THIS
CONTRACT. SUCH INDEMNITY SHALL APPLY WHETHER THE CITATIONS, CLAIMS, COSTS,
DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR
CAUSES OF ACTION ARISE IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE TOWN OF
PROSPER (OWNER), ITS MAYOR AND TOWN COUNCIL, OFFICERS, OFFICIALS, AGENTS OR EMPLOYEES. IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO THAT THE INDEMNITY
PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY CONTRACTOR TO INDEMNIFY AND PROTECT
TOWN OF PROSPER (OWNER) FROM THE CONSEQUENCES OF TOWN OF PROSPER’S (OWNER'S)
OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS A SOLE OR CONCURRING CAUSE OF THE
INJURY, DEATH OR DAMAGE.
IN ANY AND ALL CLAIMS AGAINST ANY PARTY INDEMNIFIED HEREUNDER BY ANY
EMPLOYEE OF THE CONTRACTOR, ANY SUB-CONTRACTOR, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, THE
INDEMNIFICATION OBLIGATION HEREIN PROVIDED SHALL NOT BE LIMITED IN ANY WAY BY ANY
LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR BENEFITS PAYABLE BY
OR FOR THE CONTRACTOR OR ANY SUB-CONTRACTOR UNDER WORKMEN'S COMPENSATION OR
OTHER EMPLOYEE BENEFIT ACTS.
INDEMNIFIED ITEMS SHALL INCLUDE ATTORNEYS' FEES AND COSTS, COURT COSTS, AND
SETTLEMENT COSTS. INDEMNIFIED ITEMS SHALL ALSO INCLUDE ANY EXPENSES, INCLUDING ATTORNEYS' FEES AND EXPENSES, INCURRED BY AN INDEMNIFIED INDIVIDUAL OR ENTITY IN
ATTEMPTING TO ENFORCE THIS INDEMNITY.
In its sole discretion, the Owner shall have the right to approve counsel to be retained by Contractor
in fulfilling its obligation to defend and indemnify the Owner. Contractor shall retain approved counsel for the
Owner within seven (7) business days after receiving written notice from the Owner that it is invoking its right
to indemnification under this Construction Agreement. If Contractor does not retain counsel for the Owner
within the required time, then the Owner shall have the right to retain counsel and the Contractor shall pay
these attorneys' fees and expenses.
The Owner retains the right to provide and pay for any or all costs of defending indemnified items,
but it shall not be required to do so. To the extent that Owner elects to provide and pay for any such
costs, Contractor shall indemnify and reimburse Owner for such costs.
(Please note that this “broad-form” indemnification clause is not prohibited by Chapter 151 of the Texas
Insurance Code as it falls within one of the exclusions contained in Section 151.105 of the Texas
Insurance Code.)
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E. Insurance Requirements
Contractor 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 included in the contractor’s proposal. 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. Certificates holder shall be listed as follows, with the project/contract number referenced:
Town of Prosper
Attn: Purchasing Manager
P.O. Box 307
Prosper, Texas 75078
re: CSP No. 2020-34-B WHITLEY PLACE TRAIL EXTENSION
1. Minimum Scope of Insurance
Coverage shall be at least as broad as:
a. ISO Form Number GL 00 01 (or similar form) covering Comprehensive General
Liability. “Occurrence” form only, “claims made” forms are unacceptable.
b. Workers’ Compensation insurance as required by the Labor Code of the State of
Texas, including Employers’ Liability Insurance.
c. 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.
2. Minimum Limits of Insurance
Contractor shall maintain throughout contract limits not less than:
a. Commercial General Liability: $1,000,000 per occurrence / $2,000,000 in the
aggregate for third party bodily injury, personal injury and property damage. Policy
will include coverage for:
1) Premises / Operations
2) Broad Form Contractual Liability
3) Products and Completed Operations
4) Personal Injury
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5) Broad Form Property Damage
6) Explosion Collapse and Underground (XCU) Coverage.
b. 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 per injury, $300,000 per occurrence, and $100,000 per
occupational disease.
c. Automobile Liability: $1,000,000 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.
d. Builders’ Risk Insurance: Completed value form, insurance carried must be equal to
the completed value of the structure. Town shall be listed as Loss Payee.
e. $1,000,000 Umbrella Liability Limit that follows form over underlying Automobile
Liability, General Liability, and Employers Liability coverages.
3. Deductible and Self-Insured Retentions
Any deductible or self-insured retentions in excess of $10,000 must be declared to and
approved by the Town.
4. Other Insurance Provisions
The policies are to contain, or be endorsed to contain the following provisions:
a. General Liability and Automobile Liability Coverage
1) 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 contractor, products
and completed operations of the contractor, premises owned, occupied or
used by the contractor. The coverage shall contain no special limitations on
the scope of protection afforded to the Town, its officers, officials,
employees or volunteers.
2) The contractor’s insurance coverage shall be primary insurance in respects
to the Town, its officers, officials, employees and volunteers. Any insurance
or self- insurance maintained by the Town, its officers, officials, employees
or volunteers shall be in excess of the contractor’s insurance and shall not
contribute with it.
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3) 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.
4) The contractor’s insurance shall apply separately to each insured against
whom the claim is made or suit is brought, except to the limits of the
insured’s limits of liability.
b. 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 contractor for the Town.
c. 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.
5. 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.
6. Verification of Coverage
Contractor shall provide the Town with certificates of insurance indicating coverage’s
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.
F. Performance, Payment and Maintenance Bonds
The Contractor shall procure and pay for a Performance Bond applicable to the work in the amount
of one hundred fifteen percent (115%) of the total proposed price, and a Payment Bond applicable to the
work in the amount of one hundred percent (100%) of the total proposed price. The Contractor shall also
procure and pay for a Maintenance Bond applicable to the work in the amount of one hundred percent (100%)
of the total proposed price. The period of the Maintenance Bond shall be two years from the date of
acceptance of all work done under the contract, to cover the guarantee as set forth in this
Construction Agreement. The performance, payment and maintenance bonds shall be issued in the form
attached to this Construction Agreement as Exhibits A, B and C. Other performance, payment and
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maintenance bond forms shall not be accepted. Among other things, these bonds shall apply to any work
performed during the two-year warranty period after acceptance as described in this Construction Agreement.
The performance, payment and maintenance bonds shall be issued by a corporate surety,
acceptable to and approved by the Town, authorized to do business in the State of Texas, pursuant to
Chapter 2253 of the Texas Government Code. Further, the Contractor shall supply capital and surplus
information concerning the surety and reinsurance information concerning the performance, payment and
maintenance bonds upon Town request. In addition to the foregoing requirements, if the amount of the bond
exceeds One Hundred Thousand Dollars ($100,000) the bond must be issued by a surety that is qualified as
a surety on obligations permitted or required under federal law as indicated by publication of the surety’s
name in the current U.S. Treasury Department Circular 570. In the alternative, an otherwise acceptable
surety company (not qualified on federal obligations) that is authorized and admitted to write surety bonds in
Texas must obtain reinsurance on any amounts in excess of One Hundred Thousand Dollars ($100,000)
from a reinsurer that is authorized and admitted as a reinsurer in Texas who also qualifies as a surety or
reinsurer on federal obligations as indicated by publication of the surety’s or reinsurer’s name in the current
U.S. Treasury Department Circular 570.
G. Progress Payments and Retainage
As it completes portions of the Work, the Contractor may request progress payments from the Owner.
Progress payments shall be made by the Owner based on the Owner's estimate of the value of the Work
properly completed by the Contractor since the time the last progress payment was made. The "estimate of
the value of the work properly completed" shall include the net invoice value of acceptable, non-perishable
materials actually delivered to and currently at the job site only if the Contractor provides to the Owner
satisfactory evidence that material suppliers have been paid for these materials.
No progress payment shall be due to the Contractor until the Contractor furnishes to the Owner:
1. copies of documents reasonably necessary to aid the Owner in preparing an estimate of the
value of Work properly completed;
2. full or partial releases of liens, including releases from subcontractors providing materials or
delivery services relating to the Work, in a form acceptable to the Owner releasing all liens
or claims relating to goods and services provided up to the date of the most recent previous
progress payment;
3. an updated and current schedule clearly detailing the project’s critical path elements; and
4. any other documents required under the Contract Documents.
Progress payments shall not be made more frequently than once every thirty (30) calendar days
unless the Owner determines that more frequent payments are appropriate. Further, progress payments are
to be based on estimates and these estimates are subject to correction through the adjustment of subsequent
progress payments and the final payment to Contractor. If the Owner determines after final payment that it
has overpaid the Contractor, then Contractor agrees to pay to the Owner the overpayment amount specified
by the Owner within thirty (30) calendar days after it receives written demand from the Owner.
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The fact that the Owner makes a progress payment shall not be deemed to be an admission by the
Owner concerning the quantity, quality or sufficiency of the Contractor's work. Progress payments shall not
be deemed to be acceptance of the Work nor shall a progress payment release the Contractor from any of
its responsibilities under the Contract Documents.
After determining the amount of a progress payment to be made to the Contractor, the Owner shall
withhold a percentage of the progress payment as retainage. The amount of retainage withheld from each
progress payment shall be set at five percent (5%). Retainage shall be withheld and may be paid to:
a. ensure proper completion of the Work. The Owner may use retained funds to pay
replacement or substitute contractors to complete unfinished or defective work;
b. ensure timely completion of the Work. The Owner may use retained funds to pay liquidated
damages; and
c. provide an additional source of funds to pay claims for which the Owner is entitled to
indemnification from Contractor under the Contract Documents.
Retained funds shall be held by the Owner in accounts that shall not bear interest. Retainage not
otherwise withheld in accordance with the Contract Documents shall be returned to the Contractor as part of
the final payment.
H. Withholding Payments to Contractor
The Owner may withhold payment of some or all of any progress or final payment that would
otherwise be due if the Owner determines, in its discretion, that the Work has not been performed in
accordance with the Contract Documents. The Owner may use these funds to pay replacement or substitute
contractors to complete unfinished or defective Work.
The Owner may withhold payment of some or all of any progress or final payment that would
otherwise be due if the Owner determines, in its discretion, that it is necessary and proper to provide an
additional source of funds to pay claims for which the Owner is entitled to indemnification from Contractor
under the Contract Documents.
Amounts withheld under this section shall be in addition to any retainage.
I. Acceptance of the Work
When the Work is completed, the Contractor shall request that the Owner perform a final inspection.
The Owner shall inspect the Work. If the Owner determines that the Work has been completed in accordance
with the Contract Documents, it shall issue a written notice of acceptance of the Work. If the Owner
determines that the Work has not been completed in accordance with the Contract Documents, then it shall
provide the Contractor with a verbal or written list of items to be completed before another final inspection
shall be scheduled.
It is specifically provided that Work shall be deemed accepted on the date specified in the Owner's
written notice of acceptance of the Work. The Work shall not be deemed to be accepted based on
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"substantial completion" of the Work, use or occupancy of the Work, or for any reason other than the Owner's
written Notice of Acceptance. Further, the issuance of a certificate of occupancy for all or any part of the
Work shall not constitute a Notice of Acceptance for that Work.
In its discretion, the Owner may issue a Notice of Acceptance covering only a portion of the Work.
In this event, the notice shall state specifically what portion of the Work is accepted.
J. Acceptance of Erosion Control Measures
When the erosion control measures have been completed, the Contractor shall request that the
Owner perform a final inspection. The Owner shall inspect the Work. If the Owner determines that the Work
has been completed in accordance with the Contract Documents and per TPDES General Construction
Permit, it shall issue a written Notice of Acceptance of the Work. If the Owner determines that the Work has
not been completed in accordance with the Contract Documents or TPDES General Construction Permit,
then it shall provide the Contractor with a verbal or written list of items to be completed before another final
inspection shall be scheduled.
K. Final Payment
After all Work required under the Contract Documents has been completed, inspected, and
accepted, the Town shall calculate the final payment amount promptly after necessary measurements and
computations are made. The final payment amount shall be calculated to:
1. include the estimate of the value of Work properly completed since the date of the most
recent previous progress payment;
2. correct prior progress payments; and
3. include retainage or other amounts previously withheld that are to be returned to Contractor,
if any.
Final payment to the Contractor shall not be due until the Contractor provides original full releases
of liens from the Contractor and its subcontractors, or other evidence satisfactory to the Owner to show that
all sums due for labor, services, and materials furnished for or used in connection with the Work have been
paid or shall be paid with the final payment. To ensure this result, Contractor consents to the issuance of the
final payment in the form of joint checks made payable to Contractor and others. The Owner may, but is not
obligated to issue final payment using joint checks.
Final payment to the Contractor shall not be due until the Contractor has supplied to the Owner
original copies of all documents that the Owner determines are reasonably necessary to ensure both that the
final payment amount is properly calculated and that the Owner has satisfied its obligation to administer the
Construction Agreement in accordance with applicable law. The following documents shall, at a minimum,
be required to be submitted prior to final payment being due: redline as-built construction plans; consent of
surety to final payment; public infrastructure inventory; affidavit of value for public infrastructure; and, final
change order(s). “Redline as-built construction plans” shall include, but are not limited to markups for change
orders, field revisions, and quantity overruns as applicable. The list of documents contained in this provision
is not an exhaustive and exclusive list for every project performed pursuant to these Contract Documents
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and Contractor shall provide such other and further documents as may be requested and required by the
Owner to close out a particular project.
Subject to the requirements of the Contract Documents, the Owner shall pay the Final Payment
within thirty (30) calendar days after the date specified in the Notice of Acceptance. This provision shall apply
only after all Work called for by the Contract Documents has been accepted.
L. Contractor’s Warranty
For a two-year period after the date specified in a written notice of acceptance of Work, Contractor
shall provide and pay for all labor and materials that the Owner determines are necessary to correct all
defects in the Work arising because of defective materials or workmanship supplied or provided by Contractor
or any subcontractor. This shall also include areas of vegetation that did meet TPDES General Construction
Permit during final close out but have since become noncompliant.
Forty-five (45) to sixty (60) calendar days before the end of the two-year warranty period, the Owner
may make a warranty inspection of the Work. The Owner shall notify the Contractor of the date and time of
this inspection so that a Contractor representative may be present. After the warranty inspection, and before
the end of the two-year warranty period, the Owner shall mail to the Contractor a written notice that specifies
the defects in the Work that are to be corrected.
The Contractor shall begin the remedial work within ten (10) calendar days after receiving the written
notice from the Town. If the Contractor does not begin the remedial work timely or prosecute it diligently,
then the Owner may pay for necessary labor and materials to effect repairs and these expenses shall be paid
by the Contractor, the performance bond surety, or both.
If the Owner determines that a hazard exists because of defective materials and workmanship, then
the Owner may take steps to alleviate the hazard, including making repairs. These steps may be taken
without prior notice either to the Contractor or its surety. Expenses incurred by the Owner to alleviate the
hazard shall be paid by the Contractor, the performance bond surety, or both.
Any Work performed by or for the Contractor to fulfill its warranty obligations shall be performed in
accordance with the Contract Documents. By way of example only, this is to ensure that Work performed
during the warranty period is performed with required insurance and the performance and payment bonds
still in effect.
Work performed during the two-year warranty period shall itself be subject to a one-year warranty.
This warranty shall be the same as described in this section.
The Owner may make as many warranty inspections as it deems appropriate.
M. Compliance with Laws
The Contractor shall be responsible for ensuring that it and any subcontractors performing any
portion of the Work required under the Contract Documents comply with all applicable federal, state, county,
and municipal laws, regulations, and rules that relate in any way to the performance and completion of the
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Work. This provision applies whether or not a legal requirement is described or referred to in the Contract
Documents.
Ancillary/Integral Professional Services: In selecting an architect, engineer, land surveyor, or other
professional to provide professional services, if any, that are required by the Contract Documents, Contractor
shall not do so on the basis of competitive bids but shall make such selection on the basis of demonstrated
competence and qualifications to perform the services in the manner provided by Section 2254.004 of the
Texas Government Code and shall so certify to the Town the Contractor's agreement to comply with this
provision with Contractor's bid.
N. “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 Contract that the company does not boycott Israel and will not boycott Israel during the term
of this Contract.
O. Other Items
The Contractor shall sign the Construction Agreement, and deliver signed performance, payment
and maintenance bonds and proper insurance policy endorsements (and/or other evidence of coverage)
within ten (10) calendar days after the Owner makes available to the Contractor copies of the Contract
Documents for signature. Six (6) copies of the Contract Documents shall be signed by an authorized
representative of the Contractor and returned to the Town.
The Construction Agreement "effective date" shall be the date on which the Town Council acts to
approve the award of the Contract for the Work to Contractor. It is expressly provided, however, that the
Town Council delegates the authority to the Town Manager or his designee to rescind the Contract award to
Contractor at any time before the Owner delivers to the Contractor a copy of this Construction Agreement
that bears the signature of the Town Manager and Town Secretary or their authorized designees. The
purpose of this provision is to ensure:
1. that Contractor timely delivers to the Owner all bonds and insurance documents; and
2. that the Owner retains the discretion not to proceed if the Town Manager or his designee
determines that information indicates that the Contractor was not the lowest responsible
bidder or that the Contractor cannot perform all of its obligations under the Contract
Documents.
THE CONTRACTOR AGREES THAT IT SHALL HAVE NO CLAIM OR CAUSE OF ACTION OF
ANY KIND AGAINST OWNER, INCLUDING A CLAIM FOR BREACH OF CONTRACT, NOR SHALL THE
OWNER BE REQUIRED TO PERFORM UNDER THE CONTRACT DOCUMENTS, UNTIL THE DATE THE
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OWNER DELIVERS TO THE CONTRACTOR A COPY OF THE CONSTRUCTION AGREEMENT BEARING THE SIGNATURES JUST SPECIFIED.
The Contract Documents shall be construed and interpreted by applying Texas law. Exclusive venue
for any litigation concerning the Contract Documents shall be Collin County, Texas.
Although the Construction Agreement has been drafted by the Owner, should any portion of the
Construction Agreement be disputed, the Owner and Contractor agree that it shall not be construed more
favorably for either party.
The Contract Documents are binding upon the Owner and Contractor and shall insure to their benefit
and as well as that of their respective successors and assigns.
If Town Council approval is not required for the Construction Agreement under applicable law, then
the Construction Agreement "effective date" shall be the date on which the Town Manager and Town
Secretary or their designees have signed the Construction Agreement. If the Town Manager and Town
Secretary sign on different dates, then the later date shall be the effective date.
RATLIFF HARDSCAPE, LTD
TOWN OF PROSPER, TEXAS
By: BOODER MCWHORTER By: HARLAN JEFFERSON
Title: President and C.O.O. Title: Town Manager
Date: Date:
Address: 1740 Midway Rd.
Lewisville, Texas 75056
Phone: (972) 436-2508
Email: bmcwhorter@ratliffco.com
Address: 250 W. First St.
P.O. Box 307
Prosper, Texas 75078
Phone: (972) 346-2640
Email: harlan_jefferson@prospertx.gov
ATTEST:
MELISSA LEE
Town Secretary
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PERFORMANCE BOND
STATE OF TEXAS ) )
COUNTY OF COLLIN )
KNOW ALL MEN BY THESE PRESENTS: That __________________ whose address is
__________________________________________________________________________, hereinafter called
Principal, and __________________________________________________________, a corporation organized and
existing under the laws of the State of ______________________________, and fully licensed to transact business in
the State of Texas, as Surety, are held and firmly bound unto the TOWN OF PROSPER, a home-rule municipal
corporation organized and existing under the laws of the State of Texas, hereinafter called “Beneficiary”, in the penal
sum of __________________ Dollars ($____________) plus fifteen percent (15%) of the stated penal sum as an
additional sum of money representing additional court expenses, attorneys’ fees, and liquidated damages arising out
of or connected with the below identified Contract in lawful money of the United States, to be paid in Collin County,
Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators
and successors, jointly and severally, firmly by these presents. The penal sum of this Bond shall automatically be
increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in
no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal
sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain
Contract with the Town of Prosper, the Beneficiary, dated on or about the 23rd day of June, A.D. 2020, a copy of
which is attached hereto and made a part hereof, to furnish all materials, equipment, labor, supervision, and other
accessories necessary for the construction of:
CSP NO. 2020-34-B
WHITLEY PLACE TRAIL EXTENSION
in the Town of Prosper, Texas, as more particularly described and designated in the above-referenced
contract such contract being incorporated herein and made a part hereof as fully and to the same extent
as if written herein word for word.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings,
covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and
Contract Documents during the original term thereof and any extension thereof which may be granted by the
Beneficiary, with or without notice to the Surety, and during the life of any guaranty or warranty required under this
Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and
agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which
modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty
materials and workmanship that appear within a period of one (1) year from the date of final completion and final
acceptance of the Work by Owner; and, if the Principal shall fully indemnify and save harmless the Beneficiary from
and against all costs and damages which Beneficiary may suffer by reason of failure to so perform herein and shall
fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in making good any
default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect.
PROVIDED FURTHER, that if any legal action were filed on this Bond, exclusive Venue shall lie in Collin
County, Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder
Attachment 3
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Item 6.DRAFT
CSP NO: 2020-34-B
WHITLEY PLACE TRAIL EXTENSION
18
or the Plans, Specifications and Drawings, etc., accompanying the same shall in anywise affect its obligation on this
Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the
Contract, or to the Work or to the Specifications.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, and any other
applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in
Collin County or Dallas County to whom any requisite notices may be delivered and on whom service of process may
be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon’s
Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in two copies, each one of which shall be deemed an
original, this, the ________ day of ________________, 2020.
ATTEST: PRINCIPAL:
___________________________________
Company Name
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Typed/Printed Name Typed/Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
[Signatures continued on following page.]
Attachment 3
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Item 6.DRAFT
CSP NO: 2020-34-B
WHITLEY PLACE TRAIL EXTENSION
19
ATTEST: SURETY:
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Printed Name Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice and service of the
process is:
NAME:
STREET ADDRESS:
CITY, STATE, ZIP: NOTE: Date on Page 1 of Performance Bond must be same date as Contract. Date on Page 2 of Performance Bond
must be after date of Contract. If Resident Agent is not a corporation, give a person’s name.
Attachment 3
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Item 6.DRAFT
CSP NO: 2020-34-B
WHITLEY PLACE TRAIL EXTENSION
20
PAYMENT BOND
STATE OF TEXAS ) )
COUNTY OF COLLIN )
KNOW ALL MEN BY THESE PRESENTS: That __________________ whose address is
____________________________________________________________________________, hereinafter called
Principal, and__________________________________________________________, a corporation organized and
existing under the laws of the State of ______________________________, and fully licensed to transact business in
the State of Texas, as Surety, are held and firmly bound unto the TOWN OF PROSPER, a home-rule municipal
corporation organized and existing under the laws of the State of Texas, hereinafter called “Owner”, and unto all
persons, firms, and corporations who may furnish materials for, or perform labor upon the building or improvements
hereinafter referred to in the penal sum of ___________________________________ DOLLARS
($_______________) (one hundred percent (100%) of the total bid price) in lawful money of the United States, to be
paid in Collin County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
executors, administrators and successors, jointly and severally, firmly by these presents. The penal sum of this Bond
shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases
the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract
price, decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract
with the Town of Prosper, the Owner, dated on or about the 23rd day of June A.D. 2020, a copy of which is attached
hereto and made a part hereof, to furnish all materials, equipment, labor, supervision, and other
accessories necessary for the construction of:
CSP NO. 2020-34-B
WHITLEY PLACE TRAIL EXTENSION
NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment
to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of
the Work provided for in the above-referenced Contract and any and all duly authorized modifications of said Contract
that may hereafter be made, notice of which modification to the Surety is hereby expressly waived, then this obligation
shall be void; otherwise it shall remain in full force and effect.
PROVIDED FURTHER, that if any legal action were filed on this Bond, exclusive venue shall lie in Collin
County, Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the Contract, or to the Work performed thereunder, or
the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the
Contract, or to the Work to be performed thereunder.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, and any other
applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in
Collin County or Dallas County to whom any requisite notices may be delivered and on whom service of process may
be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon’s
Annotated Civil Statutes of the State of Texas.
Attachment 3
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Item 6.DRAFT
CSP NO: 2020-34-B
WHITLEY PLACE TRAIL EXTENSION
21
IN WITNESS WHEREOF, this instrument is executed in two copies, each one of which shall be deemed an original,
this, the _______ day of _________________, 2020.
ATTEST: PRINCIPAL:
___________________________________
Company Name
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Typed/Printed Name Typed/Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
[Signatures continued on following page.]
Attachment 3
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Item 6.DRAFT
CSP NO: 2020-34-B
WHITLEY PLACE TRAIL EXTENSION
22
ATTEST: SURETY:
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Printed Name Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice and service of the
process is:
NAME:
STREET ADDRESS:
CITY, STATE, ZIP:
NOTE: Date on Page 1 of Performance Bond must be same date as Contract. Date on Page 2 of Performance Bond
must be after date of Contract. If Resident Agent is not a corporation, give a person’s name.
Attachment 3
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Item 6.DRAFT
CSP NO: 2020-34-B
WHITLEY PLACE TRAIL EXTENSION
23
MAINTENANCE BOND
STATE OF TEXAS ) )
COUNTY OF COLLIN )
KNOW ALL MEN BY THESE PRESENTS: That _______________________________ whose address
is________________________________________________, hereinafter referred to as “Principal,” and
___________________________________, a corporate surety/sureties organized under the laws of the State of
____________ and fully licensed to transact business in the State of Texas, as Surety, hereinafter referred to as
“Surety” (whether one or more), are held and firmly bound unto the TOWN OF PROSPER, a Texas municipal
corporation, hereinafter referred to as “Owner,” in the penal sum of ___________________________________
DOLLARS ($_______________) (one hundred percent (100%) of the total bid price), in lawful money of the United
States to be paid to Owner, its successors and assigns, for the payment of which sum well and truly to be made, we
bind ourselves, our successors, heirs, executors, administrators and successors and assigns, jointly and severally; and
firmly by these presents, the condition of this obligation is such that:
WHEREAS, Principal entered into a certain written Contract with the Town of Prosper, dated on or about the 23rd day of June, 2020, to furnish all permits, licenses, bonds, insurance, products, materials, equipment, labor, supervision, and other accessories necessary for the construction of:
CSP NO. 2020-34-B
WHITLEY PLACE TRAIL EXTENSION
in the Town of Prosper, Texas, as more particularly described and designated in the above-referenced contract, such
contract being incorporated herein and made a part hereof as fully and to the same extent as if written herein word for
word:
WHEREAS, in said Contract, the Principal binds itself to use first class materials and workmanship and of
such kind and quality that for a period of two (2) years from the completion and final acceptance of the improvements
by Owner the said improvements shall require no repairs, the necessity for which shall be occasioned by defects in
workmanship or materials and during the period of two (2) years following the date of final acceptance of the Work by
Owner, Principal binds itself to repair or reconstruct said improvements in whole or in part at any time within said period
of time from the date of such notice as the Town Manager or his designee shall determine to be necessary for the
preservation of the public health, safety or welfare. If Principal does not repair or reconstruct the improvements within
the time period designated, Owner shall be entitled to have said repairs made and charge Principal and/or Surety the
cost of same under the terms of this Maintenance Bond.
NOW, THEREFORE, if Principal will maintain and keep in good repair the Work herein contracted to be done
and performed for a period of two (2) years from the date of final acceptance and do and perform all necessary work
and repair any defective condition (it being understood that the purpose of this section is to cover all defective conditions
arising by reason of defective materials, work or labor performed by Principal) then this obligation shall be void;
otherwise it shall remain in full force and effect and Owner shall have and recover from Principal and its Surety damages
in the premises as provided in the Plans and Specifications and Contract.
PROVIDED, however, that Principal hereby holds harmless and indemnifies Owner from and against any claim or liability for personal injury or property damage caused by and occurring during the performance
of said maintenance and repair operation.
Attachment 3
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Item 6.DRAFT
CSP NO: 2020-34-B
WHITLEY PLACE TRAIL EXTENSION
24
PROVIDED, further, that if any legal action be filed on this Bond, exclusive venue shall lie in Collin County,
Texas.
AND PROVIDED FURTHER, Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Contract or to the Work performed thereunder, or the Plans,
Specifications, Drawings, etc. accompanying same shall in any way affect its obligation on this Bond; and it does hereby
waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work to
be performed thereunder.
The undersigned and designated agent is hereby designated by Surety as the resident agent in either Collin
or Dallas Counties to whom all requisite notice may be delivered and on whom service of process may be had in
matters arising out of this suretyship.
IN WITNESS WHEREOF, this instrument is executed in two copies, each one of which shall be deemed an original,
on this the _____ day of ____________, 2020.
ATTEST: PRINCIPAL:
___________________________________
Company Name
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Typed/Printed Name Typed/Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
[Signatures continued on following page.]
Attachment 3
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Item 6.DRAFT
CSP NO: 2020-34-B
WHITLEY PLACE TRAIL EXTENSION
25
ATTEST: SURETY:
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Printed Name Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
Attachment 3
Page 87
Item 6.DRAFT
CSP NO: 2020-34-B
WHITLEY PLACE TRAIL EXTENSION
26
SPECIAL CONDITIONS
SC.01 PURPOSE: The Special Conditions contained herein set forth conditions or requirements particular to this
Contract: CSP NO. 2020-34-B WHITLEY PLACE TRAIL EXTENSION
The Special Conditions supplement the General Conditions and the Standard Specifications and take
precedence over any conditions or requirements of the General Conditions and the Standard Specifications
with which they are in conflict.
SC.02 DEFINITIONS: The following words and expressions, or pronouns used in their place, shall wherever they
appear in this Contract, be construed as follows, unless a different meaning is clear from the context:
• ENGINEER: The Engineer of Record as shown on the Construction Drawings: BW2 Engineers, Inc.,
or his designee
SC.03 MINIMUM QUALIFICATIONS OF VENDORS: The Town will only consider Bidders who meet the Minimum
Qualifications identified in this section. Should the Town determine, in its sole discretion, that the Bidder does
not meet these Minimum Qualifications, the Town will disqualify the Bidder and its bid will be rejected as non-
responsive. Experience performing projects of similar scope, quantities, and cost will be a primary
consideration of meeting the minimum qualifications.
The Bidder shall submit within five (5) days of the Owner's request such evidence as the Owner may require
to establish its financial responsibility, experience and possession of such equipment as may be needed to
prosecute the work in an expeditious, safe and satisfactory manner. Bidders are subject to disqualification if
they fail to provide evidence within the five-day period. Confident bidders are strongly encouraged to have
this evidence ready by Bid Opening. Submissions will be made to the Director of Engineering Services, Town
of Prosper, 250 W. First Street, Prosper, Texas.
The Town reserves the right to conduct site/yard visits to the Bidders' place of business, yard sites or current
project sites. The required information to be submitted shall consist of, but shall not necessarily be limited to,
the following:
A. Current Project Experience. A list of all projects presently under construction by the bidder including
approximate cost, project start date and estimated completion date shall be submitted.
B. Past Project Experience. A minimum of three (3) comparable projects in each category listed below
meeting the following requirements shall be submitted:
1. Roadway and Drainage Projects or similar Hike and Bike Trail Projects
a. Completed within the previous five years from the date of Owner’s request;
b. Located in the Dallas-Fort Worth Metroplex;
c. Total Construction Cost for paving and drainage and related improvements of at
least $500,000;
d. Scope of work consisting of similar items and quantities including concrete paving
and storm drainage improvements; and
e. Copy of actual project schedule used during construction.
Attachment 3
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Item 6.DRAFT
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WHITLEY PLACE TRAIL EXTENSION
27
C. Key Personnel Resumes. If requested, bidder shall provide resumes of LOCAL personnel expected
to oversee this project. Resumes shall be provided for executive and management team as well as
on-site project manager.
D. Financial Statement. Each Bidder shall be prepared to submit upon request of the Owner a financial
statement prepared by an independent Certified Public Accountant with no evidence of threatening
losses (current within the last six (6) months of bid date). This information will be used to confirm
that the Bidder has suitable financial status to meet obligations incidental to performing the work.
E. Proof that the bidder maintains a permanent place of business (must be submitted within five (5)
days if requested).
SC.04 INTRODUCTION: The Town of Prosper (“Town”) is accepting competitive sealed proposals (CSP) for
furnishing all labor, equipment and materials (except as otherwise specified), and performing all work
necessary for the construction of Whitley Place Trail Extension project.
The contract will be awarded based on the evaluation criteria stated herein. This document provides interested
firms with the information necessary to prepare and submit a proposal for consideration. Proposals are to be
submitted in accordance with this document, and the accompanying instructions.
There is no expressed or implied obligation for the Town to reimburse responding firms for any expenses
incurred in preparing proposals in response to this request. All costs directly or indirectly related to preparation
of a response to this request for competitive sealed proposals (CSP), any oral presentation required to
supplement and/or clarify a proposal, and/or reasonable demonstrations which may be, at its discretion,
required by the Town shall be the sole responsibility of, and shall be borne completely by the proposer.
Proposals for the projects as specified will be received online, or in hard copy. The date/time stamp located
in the Purchasing Office serves as the official time clock. Late Submissions will not be considered.
Submissions received after the stated deadline shall be refused and returned unopened. The Town of Prosper
is not responsible for issues encountered with methods of delivery. The Town reserves the right to reject any
or all proposals submitted.
Proposals submitted will be reviewed by Town staff. It is the responsibility of the proposer to ensure the
receipt of any and all addenda related to the proposal. It shall be the sole responsibility of the respondent to
insure that their proposal is received by the Purchasing Office within the time limit indicated. Late proposals
will not be considered.
During the evaluation process, the Town reserves the right, where it may serve the Town’s best interest, to
request additional information or clarifications from proposers, or to allow corrections of errors or omissions.
At the discretion of the Town, firms submitting proposals may be requested to make oral presentations
as part of the evaluation process, including an oral presentation to the Town Council.
The Town reserves the right to retain all proposals submitted, and to use any ideas in a proposal regardless
of whether that proposal is selected. Submission of a proposal indicates acceptance by the firm of the
conditions contained in this CSP, unless clearly and specifically noted in the proposal submitted and confirmed
in the contract between the Town and the firm selected. All proposals submitted will remain valid for a
period of 90 days subsequent to the CSP due date.
SC.05 SPECIFICATIONS: Proposal must meet or exceed the specifications and requirements herein, in order to be
considered.
Attachment 3
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Item 6.DRAFT
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WHITLEY PLACE TRAIL EXTENSION
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SC06. TESTING, INSPECTION AND CONTROL: The Town will require materials testing and construction
inspection to be performed by a commercial Material Testing Firm selected by the Contractor and approved
by the Owner. The contractor shall coordinate with this Material Testing firm during construction of the project
for all testing required. Coordination shall consist of the following items:
• Contractor to notify the Material Testing firm and the Town Inspector 48 hours in advance of all required
testing.
• Provide access to project and testing areas sufficient to perform the required tests.
• Furnish incidental labor and facilities as required for testing.
• Provide a secure onsite storage area for test samples.
• Provide necessary Traffic Control for testing performed in traffic areas.
• Contractor to request Standard Proctor tests from the Material Testing Firm and Town Inspector at least
ten (10) days in advance of beginning subgrade or trench excavation.
The Contractor will pay for all testing as required in the contract documents.
SC.07 BOND PROJECT SIGNS: The Contractor shall furnish and erect Bond Project signs at the locations on all
bond funded projects as directed by the Town, payment for same shall be as provided in the proposal. The
unit bid price of the sign includes fabrication, installation, modifications requested by the Town The Contractor
shall be responsible for the protection and maintenance of these signs for the duration of the project.
The Bond Project signs shall meet the size and style requirements of the Town in dimension and information.
The contractor shall submit a sample document of the sign for the Town’s approval. The Bond Project signs
shall include the project’s TCEQ SWPPP permit number and shall also reference the Texas Parks and Wildlife
Department as a contributor to the project.
SC.08 MOBILIZATION: This item shall consist of the mobilization of personnel, equipment and supplies at the
project site in preparation for commencing work on other contract items. Mobilization shall include, but is not
limited to, the movement of equipment, personnel, material, supplies, etc., to the project site and the
establishment of necessary field facilities.
A. Measurement of the item “Mobilization” as specified herein, will be by the “lump sum”, as the work
progresses.
B. The price proposed for mobilization may not exceed five (5) percent of the total contract amount for the
project. Partial payments of the lump sum proposed for mobilization will be as follows:
1. When ten (10) days of contract time have elapsed, fifty (50) percent of the mobilization lump sum
proposed will be paid on the following monthly payment.
2. When twenty-five (25) days of contract time have elapsed, one hundred (100) percent of the
mobilization lump sum proposed will be paid on the following monthly payment, minus retainage.
3. Upon completion of all work under this contract, payment for the remainder of the lump sum proposed
for mobilization will be made.
SC.09 PRESERVATION AND PROTECTION OF TREES, SHRUBS AND VEGETATION: No trees, shrubs or
vegetation shall be removed except upon the specific authority of the Town. Trees adjacent to the work shall
be protected in accordance with the Town Park Department Standard Details and Specifications.
It is the Town’s intention that all native plant material at this project site not specifically indicated on the plans
for removal be protected and preserved. The contractor shall take all necessary precautions to avoid damage
Attachment 3
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Item 6.DRAFT
CSP NO: 2020-34-B
WHITLEY PLACE TRAIL EXTENSION
29
or removal of trees, shrubs and other plant materials that are to remain following construction. Specimen
trees and other plants within and closely adjacent to construction sites shall be adequately protected by the
Contractor.
Do not store, stack or place equipment, material, chemicals or supplies within twenty-five (25) feet from edge
of canopy of any plant materials that are to remain.
Plant protection requirements cited above include authorized pruning and cutting of limbs and major roots.
The Contractor is cautioned not to cut, prune or otherwise remove plant parts without prior approval and
guidance by the Town inspector or representative. Any trees, shrubs or vegetation removed without approval
by the Town will be replaced as directed by the Town and at the Contractors expense.
No separate measurement or payment will be made for preservation and protection of plant materials. This
item shall be considered incidental to the other various items bid for the project.
SC.10 EROSION CONTROL: An Erosion Control Plan (ECP) has been prepared for the project and is incorporated
into this bid package. As part of the Erosion Control bid item, the Contractor shall prepare the Storm Water
Pollution Prevention Plan (SW3P). The Contractor and the Town will be co-operators for the site as defined
in the Texas Pollution Discharge Elimination System (TPDES) General Permit issued for storm water
discharges from construction sites. Both the Contractor and the Town will submit a Notice of Intent (NOI) as
co-permitees to discharge storm water from sites that disturb more than 5 acres in compliance with the
General Permit. Both the Town and the Contractor will generate a construction site notice to discharge storm
water from sites that disturb more than 1 acre in compliance with the General Permit.
All additional contractors and/or subcontractors whose activities impact the (SW3P) shall sign a certification
similar to that shown in Section IX - Erosion Control stating that they understand their responsibilities under
the Plan.
The SW3P should be prepared in accordance with the most current North Central Texas Council of
Governments (NCTCOG) best practices for construction activities manual which has been adopted by the
Town of Prosper as a means for compliance with the TPDES General Permit. All other SW3P's that may be
prepared in relation to this project must comply with the BMP Manual and, ultimately, the TPDES General
Permit. Copies of the BMP Manual are available at the offices of the North Central Texas Council of
Governments and on the NCTCOG website.
All Stormwater Pollution Prevention Plan measures and fees, including but not limited to those shown on the
Erosion Control Plan and described in the Contract Documents shall be paid on a lump sum basis under the
Erosion Control pay item. Temporary seeding, hydro mulching or sodding required during construction, prior
to final resodding, will not be paid for separately but shall be paid for under this lump sum item.
All Site Operators/Contractors shall become familiar with and comply with all requirements detailed in the
NCTCOG manual.
SC.11 VIDEO OF WORK SITE: The Contractor shall be required to video the entire project work site prior to
beginning construction. A copy of the tape shall be furnished to the Town prior to the first pay request. (No
separate pay item). Any damage identified during and after construction not documented is assumed to be
the responsibility of the Contractor and the Contractor shall replace or repair any damaged areas at no cost
to the Town.
SC.12 DAMAGE AND RESTORATION OF SITE: The Contractor shall minimize disturbance to the immediate area
of the project work. Any damage to existing facilities or materials (including sidewalk, trail, landscaping, plant
material, irrigation, etc.) shall be restored by the Contractor to equal or better than original conditions at no
Attachment 3
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Item 6.DRAFT
CSP NO: 2020-34-B
WHITLEY PLACE TRAIL EXTENSION
30
cost to the Town. Damaged existing sidewalks and/or trails shall be removed and replaced with full panel
replacements. Any damaged plant material on existing medians / roadways will require replacement by the
Contractor at no cost to the Town.
SC.13 SUBMITTALS: In order for your proposal to be considered responsive, the following information must be
submitted:
A. Qualifications and Experience
1) Outline contractor and subcontractor experience with similar projects, and label as Attachment A1.
2) Outline qualifications of key personnel assigned to this project and label as Attachment A2.
3) Complete the References Worksheet and label as Attachment A3.
B. Pricing
1) For online submissions, please submit the line item pricing.
2) For hard copy submissions, you must print and complete the Bid Lines and submit it with your
proposal.
3) The Town is exempt from paying Texas State or local sales and use taxes. Please ensure the prices
proposed do not include taxes.
C. Bid Proposal Conditions (Bid Attributes)
1) For online submissions, you must select “I Agree”, or provide the requested information for each
condition.
2) For hard copy submissions, you must complete and print the Bid Attributes section and submit it with
your proposal.
D. Supplier Information
1) For hard copy submissions, you must complete and print the Supplier Information section and
submit it with your proposal.
SC.14 EVALUATION CRITERIA: A review committee will evaluate submissions received in accordance with the
general criteria defined herein. Failure of respondents to provide in their submission any information requested
in this CSP may result in disqualification of the submission. The objective of the review committee will be to
select the Proposal that provides the best value to the Town. The decision made by the Town of Prosper will
be final. The agreement will be awarded based on the following evaluation criteria:
A. Qualifications and Experience (30%)
B. Proposed Project Timeline (20%)
C. Cost Proposal (50%)
SC.15 INTERVIEWS AND PRESENTATIONS: In fairness to all firms, requests for interviews prior to the closing
time and date will not be permitted. Interviews with selected firms may or may not be requested by the Town
after the closing date. Selection may be made strictly from the information provided in the Proposal. However,
the Town reserves the right to conduct interviews with and request presentations from any respondents.
SC.16 SELECTION AND AWARD: If the Town is unable to reach an agreement with the first-ranked Contractor,
the Town shall terminate further discussions with the first-ranked Contractor, and commence negotiations with
the next-ranked Contractor, in the order of the selection ranking until an agreement is reached, or all Proposals
Attachment 3
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Item 6.DRAFT
CSP NO: 2020-34-B
WHITLEY PLACE TRAIL EXTENSION
31
are rejected. Time is of the essence, and the award of the contract to the successful Contractor is expressly
conditioned upon (1) the Contractor’s execution and delivery of the Contract, and delivery of all required bonds
and evidence of insurance, within ten (10) calendar days after the Contractor is notified of the acceptance of
its Proposal, and (ii) the Contractor’s timely fulfillment of any and all other preconditions expressly set forth in
the Contract Documents. Should the Contractor fail to timely execute and deliver the contract, required bonds,
evidence of insurance, or fail to timely fulfill any other such preconditions, the Town may, at its option and
discretion, without releasing, impairing or affecting its right to receive the Proposal security as damages for
such failure, rescind the award, commence negotiations with the next ranked Contractor, or may reject all
Proposals.
There will be no contractual obligation on the part of the Town to any Contractor, nor will any firm have any
property interest or other right in the contract or work being proposed, unless and until the Agreement is
unconditionally executed and delivered by all parties, all submittals required by the Proposal Documents and
Agreement and all conditions to be fulfilled by the selected firm have either been so fulfilled by the firm, or
waived in writing by the firm or Town, as applicable.
SC.17 SUBMISSION OR DELIVERY OF PROPOSAL: Proposals for the construction services specified will be
received online, or in hard copy. The date/time stamp located in the Purchasing Office serves as the official
time clock. Late Submissions will not be considered. Submissions received after the stated deadline shall be
refused and returned unopened. The Town of Prosper is not responsible for issues encountered with methods
of delivery.
A. Online Submission
Proposals may be submitted online through IonWave.net, the Town’s e-procurement system. Please
ensure that you provide all required information, including attachments. Any additional response
attachments must be uploaded and included with your submission in order to be considered.
B. Mailed/Delivered Submission
Proposals must be submitted with the CSP number and the respondent’s name and address clearly
indicated on the front of the envelope. Please submit one (1) unbound original and one (1) copy of
your proposal, in a sealed envelope or package to the address listed below:
Delivery Address:
Town of Prosper
Attn: Purchasing Manager
250 W. First St.
3rd Floor Finance Suite
Prosper, Texas 75078
Mailing Address (US Postal Service Only):
Town of Prosper
Attn: Purchasing Manager
P.O. Box 307
Prosper, Texas 75078
Attachment 3
Page 93
Item 6.DRAFT
CSP NO: 2020-34-B
WHITLEY PLACE TRAIL EXTENSION
32
TECHNICAL SPECIFICATIONS
TS.01: GENERAL: Materials furnished and construction methods utilized for this project shall be in conformance
with the North Central Texas Council of Governments (NCTCOG) “Standard Specifications for Public Works
Construction” (current edition), as amended or supplemented (SEPARATE DOCUMENT NOT INCLUDED)
and the Town of Prosper standards and specifications (current version), including the current specifications
for and rules governing improvements upon subdivisions of land within the jurisdiction of the Town of Prosper,
Texas, and the Texas Department of Transportation "Standard Specifications for Construction of Highways,
Streets and Bridges" (current version) (SEPARATE DOCUMENT NOT INCLUDED).
Where conflicts exist, the following documents shall govern in the following order: (1) Town of Prosper
standards and specifications; (2) Construction Plans; (3) Project Manual; and (4) NCTCOG’s “Standard
Specifications for Public Works Construction”.
Please reference the Construction Plans for all other technical specifications
Attachment 3
Page 94
Item 6.DRAFT
CSP NO: 2020-34-B
WHITLEY PLACE TRAIL EXTENSION
33
GEOTECHNICAL REPORT
GR.01 GENERAL: See attached Geotechnical Report by ECS Southwest, LLC, Report 19:7578 dated February 13,
2019.
Attachment 3
Page 95
Item 6.DRAFT
2020-34-B Addendum 7
Ratliff Hardscape, Ltd
Supplier Response
Event Information
Number:2020-34-B Addendum 7
Title:Whitley Place Trail Extension
Type:Competitive Sealed Proposals
Issue Date:3/11/2020
Deadline:4/9/2020 02:00 PM (CT)
Notes:The Town of Prosper is accepting competitive sealed proposals for
CSP NO. 2020-34-B WHITLEY PLACE TRAIL EXTENSION.
Proposals will be accepted online through IonWave.net, the Town’s e-
procurement system, or in hard copy in the Purchasing Office located
in the 3rd Floor Finance Suite of Town Hall, 250 W. First St., Prosper,
Texas 75078 until 2:00 P.M. on Thursday, April 2, 2020. Any
proposals received after this time will not be accepted, and will be
returned unopened. Proposals will be publicly opened and read aloud
in the Finance Conference Room, located in the 3rd Floor Finance
Suite of Town Hall, 250 W. First St., Prosper, Texas 75078,
immediately following the proposal deadline.
The Project consists of furnishing all labor, equipment and materials
(except as otherwise specified), and performing all work necessary for
the construction of the Whitley Place Trail Extension project which
generally includes a 10’ wide reinforced concrete trail, a 150’
pedestrian bridge, grading, sodding, hydromulching, pavilion structure,
benches, etc. along with other related improvements.
Each proposal submitted shall be accompanied by a cashier's check
Page 1 of 12 pages Vendor: Ratliff Hardscape, Ltd 2020-34-B Addendum 7
Attachment 3
Page 96
Item 6.DRAFT
in the amount of 5% of the maximum amount proposed, payable
without recourse to the Town of Prosper, or a Bid Bond in the same
amount from a reliable surety company as a guarantee that, if awarded
the contract, the successful Contractor will execute a Construction
Agreement with the Town, including all required bonds and other
documents.
The successful Contractor shall furnish a Performance Bond in the
amount of 115% of the contract amount, and a Payment Bond in the
amount of 100% of the contract amount, as well as evidence of all
required insurance coverage within ten (10) calendar days of notice of
award. The successful Contractor shall also furnish a Maintenance
Bond in the amount of 100% of the contract amount covering defects
of material and workmanship for two calendar years following the
Town's approval and acceptance of the construction. An approved
surety company, licensed in the State of Texas, shall issue all bonds in
accordance with Texas law.
Copies of Plans, Specifications, and Contract Documents may be
examined at Town of Prosper Parks and Recreation Department,
409 E. First Street, Prosper, Texas, 75078, Phone: (972) 569-1160
without charge. These documents may be acquired from that office for
the non-refundable purchase price of $25 per set, payable to the Town
of Prosper. Copies of Plans, Specifications, and Contract Documents
may also be downloaded free of charge from Current Bidding
Opportunities, at the following link:
http://www.prospertx.gov/business/bid-opportunities/.
Questions and requests for clarifications in regards to this proposal
should be emailed directly to January Cook, CPPO, CPPB,
Purchasing Manager, at january_cook@prospertx.gov. The deadline
for receipt of questions and requests for clarifications is 12:00 P.M.
on Friday, March 27, 2020. After that day and time, no further
questions or requests for clarifications will be accepted or answered
by the Engineer or Town.
Please complete and submit the Planholder Registration form to be
placed on the official Planholder Listing for this project.
Contact Information
Contact:January Cook Purchasing Manager
Address:Purchasing Office
Town Hall
3rd Floor
250 W. First St.
P.O. Box 307
Prosper, TX 75078
Phone:(972) 569-1018
Page 2 of 12 pages Vendor: Ratliff Hardscape, Ltd 2020-34-B Addendum 7
Attachment 3
Page 97
Item 6.DRAFT
Email:january_cook@prospertx.gov
Page 3 of 12 pages Vendor: Ratliff Hardscape, Ltd 2020-34-B Addendum 7
Attachment 3
Page 98
Item 6.DRAFT
Ratliff Hardscape, Ltd Information
Contact:Lisa McBurrows
Address:1740 MIDWAY RD
Lewisville
Lewisville, TX 75056
Phone:(972) 436-2508
Email:lisa@ratliffhardscape.com
By submitting your response, you certify that you are authorized to represent and bind your company.
Lisa McBurrows lisa@ratliffhardscape.com
Signature Email
Submitted at 4/9/2020 11:21:13 AM
Requested Attachments
Bid Bond Whitley Place Trail Bid Bond 2020-04.01.pdf
Attachment A1 Whitley Place Trail Ext - Subcontractor List.pdf
Outline contractor and subcontractor experience with similar projects
Attachment A2 B McWhorter Resume 2018-12.11.doc
Outline qualifications of key personnel assigned to this project
Attachment A3 Whitley Place Trail Ext - References.pdf
Complete the References Worksheet
Out of State Contractor Compliance Form (Optional)No response
Only if applicable
Conflict of Interest Form (optional)No response
Only if applicable
Response Attachments
Whitley Place Trail Ext - Bidder's Qualifications.pdf
Bidder's Qualification
Bid Attributes
1 Bid Proposal Condition No. 1
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the
form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract
Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the
other terms and conditions of the Contract Documents.
I Agree
Page 4 of 12 pages Vendor: Ratliff Hardscape, Ltd 2020-34-B Addendum 7
Attachment 3
Page 99
Item 6.DRAFT
2 Bid Proposal Condition No. 2
Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders,
including without limitation those terms and conditions dealing with the disposition of Bid guaranty. This Bid will
remain subject to acceptance for 90 calendar days after the day of opening Bids. Bidder will sign and submit the
Agreement with the Bonds and other documents required by the Contract Documents within ten (10) calendar days
after the date of Owner's Notice of Award.
I Agree
3 Bid Proposal Condition No. 3
The right is reserved, as the interest of the Owner may require, to reject any and all Bids and to waive any
informality in the Bids received.
I Agree
4 Bid Proposal Condition No. 4
Bidder has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local
conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of
the Work.
I Agree
5 Bid Proposal Condition No. 5
Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such
examinations, investigations, explorations, tests and studies that pertain to the subsurface or physical conditions at
the site or which otherwise may affect the cost, progress, performance or furnishing of the Work as Bidder
considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time
and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations,
investigations, explorations, tests, reports or similar information or data are or will be required by Bidder for such
purposes.
I Agree
6 Bid Proposal Condition No. 6
Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents with
respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate
location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or
similar information or data in respect of said Underground Facilities are or will be required by the Bidder in order to
perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms
and conditions of the Contract Documents.
I Agree
7 Bid Proposal Condition No. 7
Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports
and studies with the terms and conditions of the Contract Documents.
I Agree
8 Bid Proposal Condition No. 8
Bidder has given Engineer written notice of all conflicts, errors or discrepancies that it has discovered, if any, in the
Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder.
I Agree
Page 5 of 12 pages Vendor: Ratliff Hardscape, Ltd 2020-34-B Addendum 7
Attachment 3
Page 100
Item 6.DRAFT
9 Bid Proposal Condition No. 9
This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and
is not submitted in conformity with any agreement or rules of any group, association, organization or corporation;
Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has
not solicited or induced any person, firm or corporation to refrain from submitting a Bid; and Bidder has not sought
by collusion to obtain for itself any advantage over any other Bidder or over Owner.
I Agree
1
0
Bid Proposal Condition No. 10
Bidder will substantially complete the Work for the price(s) shown in the schedule of bid items and within the
number of calendar days proposed based on date of Notice to Proceed.
I Agree
1
1
Bid Proposal Condition No. 11
Bidder hereby agrees to commence work within ten (10) days after the date written notice to proceed shall have
been given to him, and to substantially complete the work within the number of calendar days proposed as part
of this Proposal. Within 30 additional calendar days after Substantial Completion, all outstanding issues shall be
addressed and ready for final payment. All such time restrictions are subject to such extensions of time as are
provided by the General Provisions and Special Conditions.
I Agree
1
2
Bid Proposal Condition No. 12
Bidder agrees that the implementation of the Owner’s right to delete any portion of the improvements shall not be
considered as waiving or invalidating any conditions or provisions of the contract or bonds. Bidder shall perform
the Work as altered and no allowances shall be made for anticipated profits.
I Agree
1
3
Bid Proposal Condition No. 13
Since the Work on this Project is being performed for a governmental body and function, the Owner will issue to the
Contractor a certificate of exemption for payment for the State Sales TAX on materials incorporated into this Project
if requested.
I Agree
1
4
Bid Proposal Condition No. 14
In the event of the award of a contract, vendor will furnish a Performance Bond for 115% of the contract amount,
and a Payment Bond for 100% of the contract amount, to secure proper compliance with the terms and provisions
of the contract with sureties offered by surety company named in the space provided,to insure and guarantee the
work until final completion and acceptance, and to guarantee payment of all lawful claims for labor performed and
materials furnished in the fulfillment of the contract. In addition, the undersigned will furnish a Maintenance
Bond for 100% of the contract amount covering defects of material and workmanship for two calendar
years following the Owner's approval and acceptance of the construction.
I Agree
1
5
Bid Proposal Condition No. 15
The work, proposed to be done, shall be accepted when fully completed in accordance with the plans and
specifications, to the satisfaction of the Engineer and the Owner.
I Agree
Page 6 of 12 pages Vendor: Ratliff Hardscape, Ltd 2020-34-B Addendum 7
Attachment 3
Page 101
Item 6.DRAFT
1
6
Bid Proposal Condition No. 16
The vendor submitting this Bid certifies that the bid prices contained in this Bid have been carefully checked and
are submitted as correct and final.
I Agree
1
7
Base Bid
Cost of Materials
$422368.49
1
8
Base Bid
Cost of Labor, Profit, etc.
$281579.00
1
9
Addendum No. 1
Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued)
Acknowledged
2
0
Addendum No. 2
Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued)
Acknowledged
2
1
Addendum No. 3
Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued)
Acknowledged
2
2
Addendum No. 4
Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued)
Acknowledged
2
3
Addendum No. 5
Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued)
Acknowledged
2
4
Addendum No. 6
Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued)
Acknowledged
2
5
Addendum No. 7
Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued)
Acknowledged
2
6
Subcontractor 1 - Name
Each Bidder shall include a list of proposed subcontractors, the type of work to be completed by each such
subcontractor and the approximate percentage of contract labor to be completed by each subcontractor. If
complete listing of subcontracts totals more than five, please attach such additional pages as may be
required. Owner reserves the right to accept or reject any subcontracts and/or amount subcontracted that it deems
to be objectionable.
See attached
Page 7 of 12 pages Vendor: Ratliff Hardscape, Ltd 2020-34-B Addendum 7
Attachment 3
Page 102
Item 6.DRAFT
2
7
Subcontractor 1 - Type of Work
See attached
2
8
Subcontractor 1 - % of Work
No response
2
9
Subcontractor 2 - Name
See attached
3
0
Subcontractor 2 - Type of Work
See attached
3
1
Subcontractor 2 - % of Work
No response
3
2
Subcontractor 3 - Name
No response
3
3
Subcontractor 3 - Type of Work
No response
3
4
Subcontractor 3 - % of Work
No response
3
5
Subcontractor 4 - Name
No response
3
6
Subcontractor 4 - Type of Work
No response
3
7
Subcontractor 4 - % of Work
No response
3
8
Subcontractor 5 - Name
No response
3
9
Subcontractor 5 - Type of Work
No response
4
0
Subcontractor 5 - % of Work
No response
4
1
Supplier 1 - Name
Each Bidder shall include a list of proposed suppliers of major materials and equipment to be furnished and
installed in connection with this Bid. If complete listing of suppliers totals more than five, please attach such
additional pages as may be required.
No response
Page 8 of 12 pages Vendor: Ratliff Hardscape, Ltd 2020-34-B Addendum 7
Attachment 3
Page 103
Item 6.DRAFT
4
2
Supplier 1 - Type of Material/Equipment
No response
4
3
Supplier 2 - Name
No response
4
4
Supplier 2 - Type of Material/Equipment
No response
4
5
Supplier 3 - Name
No response
4
6
Supplier 3 - Type of Material/Equipment
No response
4
7
Supplier 4 - Name
No response
4
8
Supplier 4 - Type of Material/Equipment
No response
4
9
Supplier 5 - Name
No response
5
0
Supplier 5 - Type of Material/Equipment
No response
5
1
Project Timeline: Substantial Completion
Provide number of calendar days to reach substantial completion of project.
No response
5
2
Project Timeline: Final Completion
Provide number of calendar days to reach final completion of project.
No response
Bid Lines
1 Mobilization, Bonds, Insurance and all Permitting (entire project), complete, per unit
Quantity:1 UOM:LS Unit Price:$35,937.50 Total:$35,937.50
2 All Traffic Control Measures, including construction sequencing, barricading, traffic control design, panels, signs,
temporary pavement markings and temporary asphalt pavement, complete in place, per unit
Quantity:1 UOM:LS Unit Price:$9,200.00 Total:$9,200.00
3 Temporary Erosion Control, including providing SWPPP, NOI, and filing with TCEQ complete in place, per unit
Quantity:1 UOM:LS Unit Price:$19,826.00 Total:$19,826.00
Page 9 of 12 pages Vendor: Ratliff Hardscape, Ltd 2020-34-B Addendum 7
Attachment 3
Page 104
Item 6.DRAFT
4 Clearing and Grubbing, including removal of existing trees as noted, complete, per unit
Quantity:2 UOM:AC Unit Price:$17,250.00 Total:$34,500.00
5 Furnish and Install Temporary Capital Project Sign, complete in place, per town standard details, per unit
Quantity:2 UOM:EA Unit Price:$690.00 Total:$1,380.00
6 Unclassified Excavation, including hauling and recompaction in other locations on site, complete in place, per
unit
Quantity:1600 UOM:CY Unit Price:$7.50 Total:$12,000.00
7 Place 5-inch 3500 psi Reinforced Concrete Trail Pavement, complete in place, per unit
Quantity:2920 UOM:SY Unit Price:$44.10 Total:$128,772.00
8 Place 4-inch 3500 psi Reinforced Concrete Sidewalk Pavement, complete in place, per unit
Quantity:90 UOM:SY Unit Price:$42.75 Total:$3,847.50
9 Longitutenal Butt Joint, complete in place, per unit
Quantity:80 UOM:LF Unit Price:$18.00 Total:$1,440.00
1
0
Furnish and install Milsap stone retaining wall, including gravel pocket, filter fabric, and all appurtenances, all
according to the plans and specifications, complete in place, per unit
Quantity:143 UOM:SFF Unit Price:$80.25 Total:$11,475.75
1
1
Furnish and install reinforced concrete retaining wall (Class C) including reinforcing, footing, weep holes, and all
other appurtenances, all according to the plans and specifications, complete in place, per unit
Quantity:120 UOM:SFF Unit Price:$43.25 Total:$5,190.00
1
2
Funish and Install 72-inchx22-inchx22-inch Limestone Blocks, including excavation, compaction, placement and
all incidentals, complete in place, per unit
Quantity:3 UOM:EA Unit Price:$1,063.75 Total:$3,191.25
1
3
Place 4-inch Thick Decomposed Granite, including filter fabric and compaction, complete in place, per unit
Quantity:210 UOM:SFF Unit Price:$40.00 Total:$8,400.00
1
4
Funish and Install Steel Edging, complete in place, per unit
Quantity:42 UOM:LF Unit Price:$7.50 Total:$315.00
1
5
Furnish and Install 42-inch Tall Pedestrian Railing, complete in place, per unit
Quantity:66 UOM:LF Unit Price:$66.70 Total:$4,402.20
1
6
Furnish and Install Small Road Sign Assemblies (pedestrian-scale), including posts and foundations, complete in
place, per unit
Quantity:1 UOM:EA.Unit Price:$460.00 Total:$460.00
1
7
Funish and Install Collapsible Bollard, complete in place, per unit
Quantity:2 UOM:EA.Unit Price:$1,610.00 Total:$3,220.00
Page 10 of 12 pages Vendor: Ratliff Hardscape, Ltd 2020-34-B Addendum 7
Attachment 3
Page 105
Item 6.DRAFT
1
8
Furnish and Install 8-inch HDPE Storm Pipe with Concrete Headwalls, complete in place, per unit
Quantity:35 UOM:LF Unit Price:$149.50 Total:$5,232.50
1
9
Furnish and Install 12-inch HDPE Storm Pipe with Concrete Headwalls, complete in place, per unit
Quantity:80 UOM:LF Unit Price:$166.75 Total:$13,340.00
2
0
Furnish and Install 12-inch Thick TxDOT Common Stone Grouted Riprap, including 12-inchx30-inch toewall and
filter fabric, complete in place, per unit
Quantity:110 UOM:SY Unit Price:$63.25 Total:$6,957.50
2
1
Bermuda Solid Sod, including 4-inch of top soil, fertilizer and watering until established, complete in place, per
unit
Quantity:3665 UOM:SY Unit Price:$5.75 Total:$21,073.75
2
2
Bermuda Hydromulch, including watering until established, complete in place, per unit
Quantity:17100 UOM:SY Unit Price:$0.98 Total:$16,758.00
2
3
Furnish and Install Pedestrian Steel Truss Bridge, complete in place, per unit
Quantity:150 UOM:LF Unit Price:$1,314.45 Total:$197,167.50
2
4
Construct 3600 PSI (Class C) 16-inch dia. Reinforced Concrete Pier, complete in place, per unit
Quantity:120 UOM:VF Unit Price:$63.25 Total:$7,590.00
2
5
Construct 3600 PSI (Class C) 24-inch dia. Reinforced Concrete Pier, complete in place, per unit
Quantity:60 UOM:VF Unit Price:$80.50 Total:$4,830.00
2
6
Construct Reinforced Concrete Abutments, complete in place, per unit
Quantity:38.6 UOM:CY Unit Price:$806.15 Total:$31,117.39
2
7
Construct Reinforced Concrete Pavilion Slab and Foundation including grade beams, structural slab, concrete
piers, and other miscellaneous items, complete in place, per unit
Quantity:1 UOM:LS Unit Price:$26,119.95 Total:$26,119.95
2
8
Furnish and Install Standard Picnic Table, including all appurtenances, complete in place, per unit
Quantity:3 UOM:EA.Unit Price:$1,819.30 Total:$5,457.90
2
9
Furnish and Install Wheel Chair Accessible Picnic Table, including all appurtenances, complete in place, per unit
Quantity:1 UOM:EA.Unit Price:$2,072.30 Total:$2,072.30
3
0
Furnish and Install Complete Pavilion Structure, including all appurtenances, in accordance with the plans and
specifications, complete in place, per unit
Quantity:1 UOM:LS Unit Price:$63,020.00 Total:$63,020.00
3
1
Furnish and Install 6 ft Pedestrian Benches, including all appurtenances, complete in place, per unit
Quantity:2 UOM:EA Unit Price:$1,813.55 Total:$3,627.10
Page 11 of 12 pages Vendor: Ratliff Hardscape, Ltd 2020-34-B Addendum 7
Attachment 3
Page 106
Item 6.DRAFT
3
2
Furnish all Required Materials Testing and Laboratory Services, complete, per unit
Quantity:1 UOM:LS Unit Price:$16,026.40 Total:$16,026.40
Response Total: $703,947.49
Page 12 of 12 pages Vendor: Ratliff Hardscape, Ltd 2020-34-B Addendum 7
Attachment 3
Page 107
Item 6.DRAFT
April 29, 2020
Ms. January M. Cook
Town of Prosper
PO Box 307
Prosper, Texas 75078
Re: Additional Information: CSP No. 2020-34-B Sent via: E-Mail
Whitley Place Trail Extension
Dear Ms. Cook:
Please accept this letter in response to The Town of Prosper inquiry/clarification into our
bid for Whitley Place Trail Extension.
1. Project Timeline: Substantial Completion
We should reach substantial completion for the project by 150 calendar days The
two main driving forces for this scheduling are the 10 to 12 weeks lead time for
the pavilions and the 3 to 4 weeks needed for the bridge shop drawings and
approval and then 10-12 week lead time for the manufacturing. We will need
time to install and complete trail leave outs for crane access and landscaping for
bridge installation.
2. Project Timeline: Final Completion
We should reach final completion for the project by 165 calendar days or an
additional 15 days from substantial completion.
3. Bridge Manufacture Information:
The bridge manufacturer that we have selected for this project is Continental
Bridges by Contech. They Contech acquired Continental Bridges in 2000, but
has been in business since the 80’s. They have installed about 10,000 bridges
across the US since the 80’s. We have installed 10 to 12 of then in the DFW
area over the last 5 years.
Let me know if you have any questions or need additional info. I can be best reached by
my cell phone at (817) 692.3508.
Sincerely,
Booder McWhorter
President & C.O.O.
Attachment 3
Page 108
Item 6.DRAFT
6/16/20
10-20-06.16-04
N/A , by
ITEM UNIT TOTAL
NO.PRICE PRICE
01 1 LS 35,937.50 35,937.50$
02 1 LS 9,200.00 9,200.00$
03 1 LS 19,826.00 19,826.00$
04 2 AC 17,250.00 34,500.00$
05 2 EA 690.00 1,380.00$
06 1,600 CY 7.50 12,000.00$
07 2,920 SY 44.10 128,772.00$
08 90 SY 42.75 3,847.50$
09 80 LF 18.00 1,440.00$
10 143 SF 43.25 6,184.75$
11 120 SF 43.25 5,190.00$
12 66 LF 66.70 4,402.20$
13 1 EA 460.00 460.00$
14 35 LF 149.50 5,232.50$
15 80 LF 166.75 13,340.00$
16 110 SY 63.25 6,957.50$
17 3,665 SY 5.75 21,073.75$
18 17,100 SY 0.98 16,758.00$
19 150 LF 1,265.00 189,750.00$
20 120 VF 63.25 7,590.00$
21 60 VF 80.50 4,830.00$
22 39 CY 621.00 23,970.60$
23 1 LS 11,040.00 11,040.00$
24 3 EA 1,819.30 5,457.90$
25 1 EA 2,072.30 2,072.30$
26 1 LS 63,020.00 63,020.00$
27 2 EA 1,813.55 3,627.10$
28 1 LS 16,026.40 16,026.40$
Unclassified Excavation, including hauling and recompaction in other locations on site
Place 5-inch 3500 psi Reinforced Concrete Trail Pavement,
Place 4-inch 3500 psi Reinforced Concrete Sidewalk Pavement,
Longitutenal Butt Joint, complete in place,
Furnish and install reinforced concrete retaining wall (Class C), including reinforcing, footing, weep holes and all
other appurtenances
Furnish and install reinforced concrete retaining wall (Class C), including reinforcing, footing, weep holes and all
other appurtenances
Furnish and Install 42-inch Tall Pedestrian Railing,
Furnish and Install Small Road Sign Assemblies (pedestrian-scale), including posts and foundations,
Furnish and Install 8-inch HDPE Storm Pipe with Concrete Headwalls,
Furnish and Install 12-inch HDPE Storm Pipe with Concrete Headwalls,
Furnish and Install 12-inch Thick TxDOT Common Dry Stone Riprap, including 12-inchx30-inch toewall
Bermuda Solid Sod, including 4-inch of top soil, fertilizer and watering until established,
Bermuda Hydromulch, including watering until established,
Furnish and Install Pedestrian Steel Truss Bridge,
Construct 3600 PSI (Class C) 16-inch dia. Reinforced Concrete Pier
Notes: Ratliff Hardscape will provide structural design for bridge abutments
All Traffic Control Measures, including construction sequencing, barricading & traffic control design, panels, signs,
temporary pavement markings and temporary asphalt pavement
Temporary Erosion Control, including providing SWPPP, NOI, and filing with TCEQ complete in place
Clearing and Grubbing, including removal of existing trees as noted
and pavilion foundation to submit for approvals prior to construction.
Construct 3600 PSI (Class C) 24-inch dia. Reinforced Concrete Pier,
Construct Reinforced Concrete Abutments (Structural by Ratliff)
Pavilion Pad on Grade w/ 4 Piers at Columns (Structural design by Ratliff)
Furnish and Install Standard Picnic Table, including all appurtenances,
Furnish and Install Wheel Chair Accessible Picnic Table, including all appurtenances
Furnish and Install Complete Pavilion Structure, including all appurtenances
Furnish and Install 6 ft Pedestrian Benches, including all appurtenances
Furnish all Required Materials Testing and Laboratory Services
Abutment drawing will need to include the additional piers along the wing walls unless
otherwise approved by the Town
EXHIBIT "A"
January Cook PROPOSALTown of Prosper
PO Box 307
Prosper, Texas 75078
jcook@prospertx.gov
PROJECT:Whitley Place DATE:
Furnish and Install Temporary Capital Project Sign, complete in place, per town standard detail
LOCATION:Prosper, Texas 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,BW2 Engineers
ITEM DESCRIPTION QUANTITY UNIT
Mobilization, Bonds, Insurance and all Permitting (entire project),
PAGE 1 OF 2
BEST AND FINAL
Attachment 3
Page 109
Item 6.DRAFT
6/16/20
10-20-06.16-04
N/A , by
ITEM UNIT TOTAL
NO.PRICE PRICE
EXHIBIT "A"
January Cook PROPOSALTown of Prosper
PO Box 307
Prosper, Texas 75078
jcook@prospertx.gov
PROJECT:Whitley Place DATE:
LOCATION:Prosper, Texas 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,BW2 Engineers
ITEM DESCRIPTION QUANTITY UNIT
Prosper, Texas 8.25%%
TOTAL 653,886.00$
RESPECTFULLY SUBMITTED:
By:
Its':
TAX EXEMPT (No taxes required)
Ratliff Hardscape, Ltd.
(CONTRACTOR / SUB-CONTRACTOR)
Signature
Booder McWhorter
Print Name
President & C.O.O.
Title
PAGE 2 OF 2
Attachment 3
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Attachment 3
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Attachment 3
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Attachment 3
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Attachment 3
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Page 1 of 2
To: Mayor and Town Council
From: Dan Heischman, P.E., Assistant Director of Engineering Services – Development
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – June 23, 2020
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a License, Maintenance, and
Hold Harmless Agreement between Prosper 236, LLC, Lakewood HOA, Inc., and the Town of
Prosper, Texas, related to the installation and maintenance of a screening wall and two columns
within the right-of-way of Meadowbrook Boulevard in the Lakewood, Phase 1A development.
Description of Agenda Item:
During the final acceptance process for Lakewood, Phase 1A this spring, it was discovered that a
portion of a screening wall and two columns were built within the right-of-way of Meadowbrook
Boulevard. In lieu of a typical side yard wood privacy fence along the right -of-way line, the
developer requested a masonry screening wall instead, due to the lot being located at the entry
into the development off Coit Road. Due to the width of the screening wall and the two columns,
half of the improvements actually encroach into the right-of-way. Staff inspected the improvements
and determined that the improvements are not in conflict with any utilities and that the substantial
cost to relocate the improvements outside the right-of-way would be prohibitive. To allow the
screening wall and two columns to remain in the current location, a License, Maintenance, and
Hold Harmless Agreement is recommended.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and
legality.
Attached Documents:
1. License, Maintenance, and Hold Harmless Agreement
2. Screening Wall Exhibit
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute a License,
Maintenance, and Hold Harmless Agreement between Prosper 236, LLC, Lakewood HOA, Inc.,
and the Town of Prosper, Texas, related to the installation and maintenance of a screening wall
and two columns within the right-of-way of Meadowbrook Boulevard in the Lakewood, Phase 1A
development.
Prosper is a place where everyone matters.
ENGINEERING
SERVICES
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Page 2 of 2
Proposed Motion:
I move to authorize the Town Manager to execute a License, Maintenance, and Hold Harmless
Agreement between Prosper 236, LLC, Lakewood HOA, Inc., and the Town of Prosper, Texas,
related to the installation and maintenance of a screening wall and two columns within the right-
of-way of Meadowbrook Boulevard in the Lakewood, Phase 1A development.
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Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr, P.E., Director of Engineering Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – June 23, 2020
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Sewer Development
Agreement between HH Lakewood LLC, and the Town of Prosper, Texas, related to the extension
of a sanitary sewer line to serve the Lakewood at Brookhollow, Phase 3 development.
Description of Agenda Item:
HH Lakewood LLC, is developing Lakewood at Brookhollow, Phase 3, south of First Street and
east of Coit Road. In order to facilitate the development, they will be required to extend a 12”
sanitary sewer line as depicted on the Town of Prosper Wastewater System Capital Improvement
Plan.
Since the proposed sanitary sewer line is depicted on the Town of Prosper Wastewater System
Capital Improvement Plan, the actual costs for the design and construction of the i mprovements
are eligible for reimbursement of sewer impact fees owed by the development. The purpose of
the Sewer Development Agreement is to outline the obligations of the Town of Prosper, and HH
Lakewood, LLC, related to the design, construction, and reimbursement of collected sewer impact
fees to fund the project.
Budget Impact:
The estimated cost for the design and construction of the extension of 1,401 feet of a 12” sanitary
sewer line is approximately $214,785.30. The anticipated sewer impact fees owed by the
Lakewood at Brookhollow, Phase 3 development is approximately $524,892. If the full
reimbursement is not made by the Town to HH Lakewood LLC, within the ten (10) year expiration
from the date of the Town’s acceptance of the sanitary sewer line, the Town shall endeavor to
reimburse Developer from applicable sewer impact fee funds.
Prosper is a place where everyone matters.
ENGINEERING
SERVICES
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Item 8.DRAFT
Page 2 of 2
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and
legality. HH Lakewood LLC, agrees to pay the Town reasonable attorney’s fees charged to the
Town by the Town’s legal counsel associated with preparation and negotiation of this Agreement,
in an amount not to exceed $2,500.
Attached Documents:
1. Town of Prosper Wastewater System Capital Improvement Plan
2. Sewer Development Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute a Sewer
Development Agreement between HH Lakewood LLC, and the Town of Prosper, Texas, related
to the extension of a sanitary sewer line to serve the Lakewood at Brookhollow, Phase 3
development.
Proposed Motion:
I move to authorize the Town Manager to execute a Sewer Development Agreement between HH
Lakewood LLC, and the Town of Prosper, Texas, related to the extension of a sanitary sewer line
to serve the Lakewood at Brookhollow, Phase 3 development.
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Item 8.DRAFT
Town of Prosper Wastewater System CIP
Lakewood at Brookhollow, Phase 3
COIT ROADFIRST STREET
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SEWER DEVELOPMENT AGREEMENT (LAKEWOOD AT BROOKHOLLOW PHASE 3) – Page 1 of 23
After Recording Return to:
Town Manager
Town of Prosper
P. O. Box 307
Prosper, Texas 75078
SEWER DEVELOPMENT AGREEMENT
(LAKEWOOD AT BROOKHOLLOW PHASE 3)
THIS SEWER DEVELOPMENT AGREEMENT (the “Agreement”) is made and
entered into as of this _____ day of ______________, 2020, by and between HH LAKEWOOD
LLC, a Delaware limited liability company (“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 owns approximately 52.069 acres of land, more or less, situated
in the James Stone Survey, Abstract No. 847 and the Isaac C. Williamson Survey, Abstract No.
948, Town of Prosper, Collin County, Texas, as more particularly described and depicted on
Exhibit A, attached hereto and incorporated herein by reference (the “Property”); and
WHEREAS, pursuant to the Water and Wastewater Improvement Plan, Ordinance No.
11-71 (the “Master Sewer Plan”), Developer desires to, subject to the terms and conditions set
forth herein, construct certain Sewer Improvements (as defined in Paragraph 3 below) to serve
the Property;
WHEREAS, Developer desires to fulfill its obligation to pay Sewer Impact Fees (as
defined in Paragraph 4, below) as prescribed in Article 10.02 of Chapter 10 of the Town’s Code
of Ordinances, as amended ( the “Impact Fee Ordinance”); and
WHEREAS, subject to the terms and provisions hereof, the parties agree that Developer
may fulfill its obligation to pay Sewer Impact Fees 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 the
Property. Developer represents that it is the sole owner of the Property.
2. Easements. (a) The parties shall cooperate with each other in obtaining from
third parties any and all easements, including, but not limited to, the easements depicted and
described on Exhibit B (the “Third Party Sewer Improvement Easements”) necessary or
appropriate, as solely determined by Town, for timely construction, completion and dedication of
the Sewer Improvements required herein. The Third Party Sewer Improvement Easements will
be obtained as follows:
(i) Developer’s Responsibilities. Developer shall be responsible for any and all costs
and expenses associated with acquiring, by purchase or condemnation, all Third Party
Sewer Improvement Easements, including, but not limited to, title work, appraisals,
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SEWER DEVELOPMENT AGREEMENT (LAKEWOOD AT BROOKHOLLOW PHASE 3) – Page 2 of 23
expert fees, attorneys’ fees and expenses, engineering fees and expenses, surveying fees
and expenses, court costs, commissioner’s fees and costs of appeal, if any (“Easement
Acquisition Fees”). If requested by Town, Developer shall, at its sole cost and expense,
lead all easement acquisition efforts for the Third Party Sewer Improvement Easements,
including, but not limited to, providing all necessary engineering and surveying support
required to obtain the Third Party Sewer Improvement Easements as required herein.
Developer shall pay any and all Easement Acquisition Fees within seven (7) calendar
days of receiving a written request from Town for the same.
(ii) Town’s Rights and Responsibilities. Town will, at Developer's sole cost and
expense, provide, among any other assistance deemed necessary by Town, technical,
engineering, legal and administrative assistance, as selected by Town, to acquire, by
purchase or condemnation, the Third Party Sewer Improvement Easements. Town shall
review and approve any and all documents associated with the Third Party Sewer
Improvement Easements required herein. If Town determines, in its sole discretion, that
condemnation proceedings are necessary to secure the Third Party Sewer Improvement
Easements, Town shall have the right to, at Developer's sole cost and expense, take any
and all steps Town deems necessary to initiate said proceedings.
(b) The Third Party Sewer Improvement Easements (if any) shall be filed and recorded
prior to the commencement of construction of the Sewer Improvements or any portion thereof,
unless a Right of Entry is secured, a condemnation award is tendered with the registry of the
court and/or a right of possession by any other means is obtained on an earlier date.
(c) If the Third Party Sewer Improvement Easements are not obtained, or the Town
has not secured the right to possess, in a form acceptable to the Town, the land made the subject
of the Third Party Sewer Improvement Easements, within ninety (90) days after the execution
hereof on terms acceptable to Town, then Town shall commence, and thereafter diligently pursue
to completion, condemnation proceedings to obtain such Third Party Sewer Improvement
Easements as soon as reasonably possible. Notwithstanding anything to the contrary herein,
Town may, in its sole discretion, initiate condemnation proceedings prior to the expiration of the
ninety (90) days referred to in this Paragraph 2(c).
(d) Notwithstanding the foregoing, Town and Developer agree that all Third Party
Sewer Improvement Easements have been obtained and filed of record in Collin County, Texas
as of the date hereof.
3. Sewer Improvements. (a) Developer shall, at its sole cost and expense except as
provided in Paragraph 4 below, construct and install a twelve-inch (12") PVC Sewer line that is
depicted on Exhibit C attached hereto and incorporated herein for all purposes, in accordance
with the Master Sewer Plan, and (ii) in accordance with engineering plans, specifications and
designs approved in writing by Town's engineer, which approval shall not be unreasonably
withheld or delayed (the “Sewer Improvements”).
(b) Developer shall bid the construction of the Sewer Improvements with three (3)
qualified contractors and shall provide copies of the bids received for such items to Town within
five (5) business days of Developer’s receipt of same. Developer shall: (i) execute a contract for
the construction of the Sewer Improvements with the lowest responsible bidder, as mutually and
reasonably determined by Town and Developer; (ii) commence, or cause to be commenced,
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SEWER DEVELOPMENT AGREEMENT (LAKEWOOD AT BROOKHOLLOW PHASE 3) – Page 3 of 23
construction of the Sewer Improvements within ten (10) business days following execution of a
contract for construction of the Sewer Improvements or otherwise as soon as reasonably possible
in accordance with the accepted bid; (iii) construct the Sewer Improvements in accordance with
the Town-approved engineering plans, specifications and designs; and (iv) complete the Sewer
Improvements and obtain Town’s acceptance of same.
(c) Notwithstanding the foregoing, Town and Developer agree that all Sewer
Improvements have been constructed as of the date hereof.
(d) Developer represents that the cost of constructing the Sewer Improvements was
Two Hundred Fourteen Thousand Seven Hundred Eighty-Five and 30/100 Dollars
($214,785.30), as more particularly described in Exhibit D, attached hereto and incorporated
herein for all purposes (the “Construction Costs”). Prior to receiving any credit and/or
reimbursement described in Paragraph 4 below, Developer shall tender to Town evidence, in a
form(s) reasonably acceptable to Town, that all of the Sewer Improvements construction costs
have been paid by Developer, including but not limited to, Affidavits of Payment/Affidavits as to
Debts and Liens and any other evidence reasonably required by Town (“Evidence of
Payment(s)”).
4. Reimbursement for Construction Costs.
(a) Pursuant to the Impact Fee Ordinance, the sewer impact fees owed on the Property
are Five Hundred Twenty-Four Thousand Eight Hundred Ninety-Two and 00/100 Dollars
($524,892.00) (the “Sewer Impact Fees”).
(b) The Property will receive reimbursement against the Sewer Impact Fees owed on
the Property in an amount equal to the Construction Costs (the “Credit”).
(c) Town will forward the collected Sewer Impact Fees to Developer, quarterly and
as applicable, on or about January 15, April 15, July 15, and October 15 of each year beginning
the first quarterly date after the Town accepts the Sewer Improvements
(d) (d) The credit of Sewer Impact Fees and reimbursement of collected Sewer
Impact Fees will cease when the amount tendered, through the credit of Sewer Impact Fees and
reimbursement of collected Sewer Impact Fees, to Developer equals the Construction Costs.
Except as otherwise provided in this subparagraph, the Property will be subject to the Impact Fee
Ordinance.
5. Default. If Developer fails to comply with any provision of this Agreement after
receiving thirty (30) days written notice to comply from Town or such longer period as may be
reasonably necessary provided that Developer commences to cure the default or breach within
the 30-day period and proceeds with reasonable diligence thereafter to complete such cure, then
so long as such default continues and is not cured, Town shall have the following remedies, in
addition to Town's other rights and remedies:
(a) to refuse to issue building permits for the Property; and/or
(b) to refuse to accept the Sewer Improvements; and/or
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SEWER DEVELOPMENT AGREEMENT (LAKEWOOD AT BROOKHOLLOW PHASE 3) – Page 4 of 23
(c) to refuse, without notice and/or any other action, to issue the Credit; and/or
(d) to construct and/or complete the Sewer Improvements and to recover any and all
reasonable costs and expenses associated with the construction and/or completion of same (not to
exceed the Credit); and/or
(e) to seek specific enforcement of this Agreement.
In the event Town fails to comply with the terms and conditions of this Agreement,
Developer may seek specific enforcement of this Agreement as its sole and exclusive remedy.
6. Acknowledgements/Release/Waiver. Developer agrees and acknowledges that:
(i) Town is entering into this Agreement based on Developer’s representations and warranties set
forth herein with regard to the sewer service needed to serve the Property; (ii) Town makes no
representations whatsoever with regard to the completion of the Sewer Improvements, other than
that Town agrees to process Developer’s request for acceptance of the Sewer Improvements in a
similar manner as the Town normally processes such requests; (iii) all necessary Sewer
Improvements have been completed and/or secured so as to serve the Property; and (iv) until
acceptance of the Sewer Improvements as provided in this Agreement, Town is not required to
and will not release any building permits and/or any Certificates of Occupancy. This paragraph
shall survive the termination of this Agreement.
7. Limitation of Liability. Notwithstanding anything to the contrary herein, the
parties agree and acknowledge that Town shall not, under any circumstance, be required to
tender, and/or be liable to Developer for, any reimbursement of and/or payment of any monies
with regard to the matters set forth herein, save and except as provided in Paragraph 4 above.
8. Covenant Running with Land. This Agreement shall be a covenant running
with the land and the Property and shall be binding upon and inure to the benefit of Developer,
and its successors and assigns. In addition, the parties shall cause this Agreement to be filed in
the Land Records of Collin County, Texas. Notwithstanding the foregoing, the obligations
herein that burden the Property shall be released automatically upon acceptance by the Town of
the Sewer Improvements as set forth in this Agreement, provided that the foregoing shall not
release Town from providing the Credit as described in Paragraph 4 above. Any third party,
including any title company, grantee or lien holder, shall be entitled to rely on the immediately
preceding sentence to establish whether such termination has occurred with respect to any lot.
The Town agrees to execute and deliver, in recordable form, a form of release or other evidence
of termination as Developer may reasonably request and that is reasonably satisfactory to Town.
9. Limitations of Agreement. The parties hereto acknowledge that this Agreement
is limited to the Credit. Town ordinances covering property taxes, utility rates, permit fees,
inspection fees, development fees, thoroughfare fees, park fees, tap fees, pro-rata fees and the
like are not affected by this Agreement. Further, this Agreement does not waive or limit any of
the obligations of Developer to Town under any other ordinance, whether now existing or in the
future arising.
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SEWER DEVELOPMENT AGREEMENT (LAKEWOOD AT BROOKHOLLOW PHASE 3) – Page 5 of 23
10. 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 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, addressed to it at:
Town of Prosper
Att’n: Town Manager
P. O. Box 307
250 W. First Street
Prosper, Texas 75078
Telephone: (972) 346-2640
Facsimile: (972) 347-2111
With a copy to:
Brown & Hofmeister, L.L.P.
Att’n: Terrence S. Welch
740 East Campbell Road, Suite 800
Richardson, Texas 75081
Telephone: (214) 747-6100
Facsimile: (214) 747-6111
If to Developer, addressed to it:
c/o Hines Interests Limited Partnership
2200 Ross Avenue, Suite 4200W
Dallas, TX 75201
Attention: Rob Witte & Dustin Davidson
Fax: (214) 777-5308
With a copy to:
Thompson & Knight LLP
One Arts Plaza
1722 Routh Street, Suite 1500
Dallas, Texas 75201
Attention: Ted M. Benn & David Rusk
Fax: (214) 969-1751 (Ted) & (832) 397-8131 (David)
Email: ted.benn@tklaw.com & david.rusk@tklaw.com
11. INDEMNIFICATION. (A) DEVELOPER DOES HEREBY AGREE TO RELEASE,
DEFEND, INDEMNIFY AND HOLD HARMLESS TOWN AND ITS TOWN COUNCIL MEMBERS,
OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES FROM AND AGAINST ALL DAMAGES,
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SEWER DEVELOPMENT AGREEMENT (LAKEWOOD AT BROOKHOLLOW PHASE 3) – Page 6 of 23
INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE),
LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES
AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND EXPENSES INCURRED IN ENFORCING THIS
INDEMNITY), ASSERTED AGAINST TOWN BY ANY THIRD PARTY TO THE EXTENT ARISING FROM
AND CAUSED BY THE NEGLIGENT, GROSSLY NEGLIGENT, AND/OR INTENTIONAL ACT AND/OR
OMISSION OF DEVELOPER, ITS OFFICERS, DIRECTORS, PARTNERS CONTRACTORS, EMPLOYEES,
REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES, TRUSTEES,
SUBCONTRACTORS, LICENSEES, INVITEES OR ANY OTHER THIRD PARTIES FOR WHOM
DEVELOPER IS LEGALLY RESPONSIBLE, IN ITS/THEIR PERFORMANCE OF THIS AGREEMENT,
INCLUDING BUT NOT LIMITED TO, THE CONSTRUCTION OF THE SEWER IMPROVEMENTS, IN
WHOLE OR IN PART, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OR STRICT
LIABILITY OF TOWN (HEREINAFTER “CLAIMS”). THIS INDEMNIFICATION PROVISION AND THE
USE OF THE TERM “CLAIMS” IS ALSO SPECIFICALLY INTENDED TO APPLY TO, BUT NOT LIMITED
TO, ANY AND ALL CLAIMS, WHETHER CIVIL OR CRIMINAL, BROUGHT AGAINST TOWN BY ANY
GOVERNMENT AUTHORITY OR AGENCY RELATED TO ANY PERSON PROVIDING SERVICES UNDER
THIS AGREEMENT THAT ARE BASED ON ANY FEDERAL IMMIGRATION LAW AND ANY AND ALL
CLAIMS, DEMANDS, DAMAGES, ACTIONS AND CAUSES OF ACTION OF EVERY KIND AND NATURE,
KNOWN AND UNKNOWN, EXISTING OR CLAIMED TO EXIST, RELATING TO OR ARISING OUT OF
ANY EMPLOYMENT RELATIONSHIP BETWEEN DEVELOPER, AND ITS EMPLOYEES OR
SUBCONTRACTORS AS A RESULT OF THAT SUBCONTRACTOR’S OR EMPLOYEE’S EMPLOYMENT
AND/OR SEPARATION FROM EMPLOYMENT WITH THE DEVELOPER, INCLUDING BUT NOT
LIMITED TO, ANY DISCRIMINATION CLAIM BASED ON SEX, SEXUAL ORIENTATION OR
PREFERENCE, RACE, RELIGION, COLOR, NATIONAL ORIGIN, AGE OR DISABILITY UNDER
FEDERAL, STATE OR LOCAL LAW, RULE OR REGULATION, AND/OR ANY CLAIM FOR WRONGFUL
TERMINATION, BACK PAY, FUTURE WAGE LOSS, OVERTIME PAY, EMPLOYEE BENEFITS, INJURY
SUBJECT TO RELIEF UNDER THE WORKERS’ COMPENSATION ACT OR WOULD BE SUBJECT TO
RELIEF UNDER ANY POLICY FOR WORKERS COMPENSATION INSURANCE, AND ANY OTHER
CLAIM, WHETHER IN TORT, CONTRACT OR OTHERWISE. IN THIS CONNECTION, DEVELOPER
AGREES TO RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS TOWN, ITS TOWN COUNCIL
MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES, FOR TOWN’S, ITS TOWN
COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND/OR EMPLOYEES, OWN
NEGLIGENCE, IN WHATEVER FORM, ARISING OUT OF ANY ACT OR OMISSION, TAKEN OR FAILED
TO BE TAKEN BY THE TOWN, RELATING TO THE MATTERS FOR WHICH IT IS INDEMNIFIED
UNDER THIS PARAGRAPH, IN WHOLE OR IN PART, REGARDLESS OF CAUSE OR ANY CONCURRENT
OR CONTRUBUTING FAULT OR NEGLIGENCE OF TOWN. DEVELOPER IS EXPRESSLY REQUIRED
TO DEFEND TOWN AGAINST ALL CLAIMS, AND TOWN IS REQUIRED TO REASONABLY
COOPERATE AND ASSIST DEVELOPER IN PROVIDING SUCH DEFENSE; PROVIDED, HOWEVER, IF A
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SEWER DEVELOPMENT AGREEMENT (LAKEWOOD AT BROOKHOLLOW PHASE 3) – Page 7 of 23
COURT OF COMPETENT JURISDICTION SIGNS A JUDGMENT THAT BECOMES FINAL AND NON-
APPEALABLE, DETERMINING THAT TOWN (WITHOUT WAIVING ANY GOVERNMENTAL
IMMUNITY) HAS JOINT, CONCURRENT OR SOLE NEGLIGENCE FOR THE CLAIMS, IN ACCORDANCE
WITH THE LAWS OF THE STATE OF TEXAS (THE “JUDGMENT”), THEN DEVELOPER IS NOT
REQUIRED TO INDEMNIFY OR DEFEND TOWN TO THE EXTENT OF THE NEGLIGENCE
APPORTIONED TO TOWN FOR EACH CAUSE(S) OF ACTION IDENTIFIED IN THE JUDGMENT. IN
THE EVENT THE JUDGMENT PROVIDES THAT TOWN IS JOINTLY, CONCURRENTLY, OR SOLELY
NEGLIGENT FOR THE CLAIMS REFERRED TO THEREIN, TOWN AGREES TO REIMBURSE
DEVELOPER FOR ALL REASONABLE AND NECESSARY COSTS INCURRED AND PAID BY
DEVELOPER THAT ARE ATTRIBUTABLE TO TOWN’S PERCENTAGE OF JOINT, CONCURRENT, OR
SOLE NEGLIGENCE, AS SET FORTH IN THE JUDGMENT, INCLUDING REASONABLE AND
NECESSARY ATTORNEY’S FEES AND EXPENSES, TO DEVELOPER WITHIN ONE HUNDRED TWENTY
(120) DAYS OF THE DATE OF THE JUDGMENT. NOTWITHSTANDING THE INDEMNIFICATION
PROVISIONS SET FORTH IN THIS PARAGRAPH, TOWN SHALL DILIGENTLY AND TIMELY ASSERT
ALL REASONABLE DEFENSES (INCLUDING WITHOUT LIMITATION GOVERNMENTAL IMMUNITY
AND DEFENSES OTHERWISE AVAILABLE TO THE CITY AS A MUNICIPAL CORPORATION) AGAINST
ANY THIRD-PARTY CLAIM THAT TOWN BELIEVES IS COVERED BY THE INDEMNITY IN THIS
PARAGRAPH. NOTHING CONTAINED HEREIN, HOWEVER, SHALL BE CONSTRUED AS A WAIVER
OF TOWN'S GOVERNMENTAL IMMUNITY TO ANY EXTENT GREATER THAN IS PROVIDED UNDER
TEXAS LAW.
(B) IN ITS SOLE DISCRETION, TOWN SHALL HAVE THE RIGHT TO REASONABLY APPROVE
DEFENSE COUNSEL TO BE RETAINED BY DEVELOPER IN FULFILLING ITS OBLIGATION
HEREUNDER TO DEFEND AND INDEMNIFY TOWN, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY
TOWN IN WRITING. TOWN RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN
DEFENSE AT ITS COST; HOWEVER, TOWN IS UNDER NO OBLIGATION TO DO SO. ANY SUCH
ACTION BY TOWN IS NOT TO BE CONSTRUED AS A WAIVER OF DEVELOPER’S OBLIGATION TO
DEFEND TOWN OR AS A WAIVER OF DEVELOPER’S OBLIGATION TO INDEMNIFY TOWN
PURSUANT TO THIS AGREEMENT.
(C) THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
12. PARTIES’ ACKNOWLEDGEMENT OF TOWN’S COMPLIANCE WITH FEDERAL AND
STATE CONSTITUTIONS, STATUTES AND CASE LAW AND FEDERAL, STATE AND LOCAL
ORDINANCES, RULES AND REGULATIONS/DEVELOPER’S WAIVER AND RELEASE OF CLAIMS
FOR OBLIGATIONS IMPOSED BY THIS AGREEMENT.
(A) DEVELOPER ACKNOWLEDGES AND AGREES THAT:
(I) THE SEWER IMPROVEMENTS AND/OR THE FEES TO BE IMPOSED BY TOWN
REGARDING THE PROPERTY, IN WHOLE OR IN PART, DO NOT CONSTITUTE
A:
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(A) TAKING UNDER THE TEXAS OR UNITED STATES CONSTITUTION;
(B) VIOLATION OF THE TEXAS WATER CODE, AS IT EXISTS OR MAY
BE AMENDED;
(C) NUISANCE; AND/OR
(D) CLAIM FOR DAMAGES AND/OR REIMBURSEMENT AGAINST TOWN
FOR A VIOLATION OF ANY FEDERAL AND/OR STATE
CONSTITUTION, STATUTE AND/OR CASE LAW AND/OR FEDERAL,
STATE AND/OR LOCAL ORDINANCE, RULE AND/OR REGULATION.
(II) THE AMOUNT OF DEVELOPER’S FINANCIAL OR INFRASTRUCTURE
CONTRIBUTION (AFTER RECEIVING ALL CONTRACTUAL OFFSETS,
CREDITS AND REIMBURSEMENTS, IF ANY) AGREED TO IN THIS
AGREEMENT IS ROUGHLY PROPORTIONAL TO THE DEMAND THAT SUCH
DEVELOPER’S DEVELOPMENT PLACES ON THE TOWN’S
INFRASTRUCTURE.
(III) DEVELOPER HEREBY AGREES THAT ANY PROPERTY WHICH IT CONVEYS
TO TOWN PURSUANT TO THIS AGREEMENT IS ROUGHLY PROPORTIONAL
TO THE BENEFIT RECEIVED BY DEVELOPER FOR SUCH LAND, AND
DEVELOPER HEREBY WAIVES ANY CLAIM THEREFOR THAT IT MAY HAVE.
DEVELOPER FURTHER ACKNOWLEDGES AND AGREES THAT ALL
PREREQUISITES TO SUCH A DETERMINATION OF ROUGH
PROPORTIONALITY HAVE BEEN MET, AND THAT ANY VALUE RECEIVED BY
TOWN RELATIVE TO SAID CONVEYANCE ARE RELATED BOTH IN NATURE
AND EXTENT TO THE IMPACT OF THE DEVELOPMENT OF DEVELOPER’S
ADJACENT PROPERTY ON TOWN’S INFRASTRUCTURE. DEVELOPER AND
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
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 PUBLIC
INFRASTRUCTURE.
(IV) DEVELOPER SHALL INDEMNIFY AND HOLD HARMLESS TOWN FROM ANY
CLAIMS AND SUITS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO
DEVELOPER’S RESPECTIVE PARTNERS, OFFICERS, DIRECTORS,
EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES,
VENDORS, GRANTEES, AND/OR TRUSTEES, BROUGHT PURSUANT TO THIS
PARAGRAPH.
(B) DEVELOPER RELEASES TOWN FROM ANY AND ALL CLAIMS OR CAUSES OF
ACTION BASED ON EXCESSIVE OR ILLEGAL EXACTIONS.
(C) DEVELOPER WAIVES ANY CLAIM FOR DAMAGES AND/OR REIMBURSEMENT
AGAINST TOWN FOR A VIOLATION OF ANY FEDERAL AND/OR STATE
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CONSTITUTION, STATUTE AND/OR CASE LAW AND/OR FEDERAL, STATE AND/OR
LOCAL ORDINANCE, RULE AND/OR REGULATION.
(D) THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
13. Vested Rights/Chapter 245 Waiver. The signatories hereto shall be subject to
all ordinances of 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 Town with
fair notice of any Developer’s project. DEVELOPER WAIVES ANY STATUTORY CLAIM UNDER
CHAPTER 245 OF THE TEXAS LOCAL GOVERNMENT CODE UNDER THIS AGREEMENT. THIS
PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
14. Attorney’s Fees. In any legal proceeding brought to enforce the terms of this
Agreement, including but not limited to, a proceeding brought pursuant to Paragraphs 5, 6, 11
and 12 above, the prevailing party may recover its reasonable and necessary attorney’s fees from
the non-prevailing party as permitted by Section 271.159 of the Texas Local Government Code,
as it exists or may be amended.
15. Incorporation of Recitals. The representations, covenants and recitations set
forth in the foregoing recitals of this Agreement are true and correct and are hereby incorporated
into the body of this Agreement and adopted as findings of Town and the authorized
representative of Developer.
16. 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 Town under this Agreement shall be considered to have been relied
upon by Town and will survive the satisfaction of any fees under this Agreement, regardless of
any investigation made by Town or on Town’s behalf.
17. Entire Agreement. This Agreement contains the entire agreement of the parties
with respect to the matters contained herein and may not be modified or terminated except upon
the provisions hereof or by the mutual written agreement of the parties hereto.
18. Venue. This Agreement shall be construed in accordance with the laws of the
State of Texas and shall be performable in Collin County, Texas.
19. Consideration. This Agreement is executed by the parties hereto without
coercion or duress and for substantial consideration, the sufficiency of which is forever
confessed.
20. Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes. A facsimile signature
will also be deemed to constitute an original if properly executed.
21. Authority to Execute. The individuals executing this Agreement on behalf of
the respective parties below represent to each other and to others that all appropriate and
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necessary action has been taken to authorize the individual who is executing this Agreement to
do so for and on behalf of the party for which his or her signature appears, that there are no other
parties or entities required to execute this Agreement in order for the same to be an authorized
and binding agreement on the party for whom the individual is signing this Agreement and that
each individual affixing his or her signature hereto is authorized to do so, and such authorization
is valid and effective on the date hereof.
22. Savings/Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this
Agreement shall be construed as if such invalid, illegal or unenforceable provision had never
been contained herein.
23. Representations. Each signatory represents this Agreement has been read by the
party for which this Agreement is executed and that such party has had an opportunity to confer
with its counsel.
24. Sovereign Immunity. The parties agree that this is not a contract for the
provision of goods or services pursuant to Subchapter I of Chapter 271 of the Texas Local
Government Code, as amended, and therefore, the Town has not waived its sovereign immunity
by entering into and performing its obligations under this Agreement.
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. Assignment/Binding Effect. This Agreement is assignable upon the following
conditions:
(a) the assignment of the Agreement must be evidenced by a recordable document
pursuant to which the assignee assumes all obligations of Developer hereunder;
(b) Developer will file any executed assignment in the Land Records of Collin
County, Texas; and
(c) Developer shall provide Town with the name, address, phone number, fax number
and the name of a contact person for the assignee.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their
respective successors and assigns, as authorized herein.
27. Indemnification. The parties agree that the Indemnity provisions set forth in
Paragraphs 11 and 12 herein are conspicuous, and the parties have read and understood the same.
28. Construction. All construction described herein shall be subject to and in
compliance with all ordinances of Town, whether now existing, hereafter amended or in the
future arising. Evidence of any bonds required by Section 212.073 of the Texas Local
Government Code, or other applicable law, shall be provided by Developer to Town.
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SEWER DEVELOPMENT AGREEMENT (LAKEWOOD AT BROOKHOLLOW PHASE 3) – Page 11 of 23
29. Conveyances. All conveyances required herein shall be made in a form
acceptable to Town and free and clear of any and all encumbrances.
30. Waiver. Waiver by either party of any breach of this Agreement, or the failure of
either party to enforce any of the provisions of this Agreement, at any time, shall not in any way
affect, limit or waive such party’s right thereafter to enforce and compel strict compliance.
31. Reference to Developer. When referring to “Developer” herein, this Agreement
shall refer to and be binding upon and inure to the benefit of, Developer, and its successors and
assignees.
32. Attorney’s Fees. Developer agrees to pay, or cause to be paid, to Town any
attorney’s fees charged to Town by Town’s legal counsel for, among other things, legal review
and revision of this Agreement and all further agreements, ordinances or resolutions
contemplated by this Agreement, negotiations and discussions with Developer’s attorney and the
provision of advice to applicable Prosper Town Staff and the Prosper Town Council, in an
amount not to exceed $2,500.00 within ten (10) days upon receipt of an invoice of same from
Town.
33. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted
equally by all parties hereto. The language of all parts of this Agreement shall be construed as a
whole according to its fair meaning, and any presumption or principle that the language herein is
to be construed against any party shall not apply. Headings in this Agreement are for the
convenience of the parties and are not intended to be used in construing this document.
[SIGNATURE PAGE TO FOLLOW.]
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SEWER DEVELOPMENT AGREEMENT (LAKEWOOD AT BROOKHOLLOW PHASE 3) – Page 12 of 23
IN WITNESS WHEREOF, the parties have executed this Agreement and caused this
Agreement to be effective on the latest date as reflected by the signatures below.
TOWN:
TOWN OF PROSPER, TEXAS
By:
Harlan Jefferson, Town Manager
Date:
STATE OF TEXAS §
§
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day personally appeared Harlan
Jefferson, 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
___________________, 2020.
Notary Public in and for the State of Texas
My Commission Expires: __________________________
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Item 8.DRAFT
DEVELOPER:
HH Lakewood LLC, a Delaware limited liability company
By: Hines Lakewood MM LLC, its managing member
By: Hines Lakewood Associates LP, its sole member
By: Hines Interests Limited Partnership, its general partner
By: Hines Holdings, lnc., its eneral partner
� By:
Name·
Title: Senior Managing Director
ST A TE OF TEXAS
COUNTY OF DALLAS
§
§
§
This instrument was acknowledged before me on June 9, 2020 , 2020 by Robert W.
Witte, the Senior Managing Director of Hines Holdings, Inc., the general partner of Hines
Interests Limited Partnership, the general partner of Hines Lakewood Associates LP, the sole
member of Hines Lakewood MM LLC, the managing member ofHH Lakewood LLC, on behalf
of said entities.
Signature of Notary Public
[Personalized Notary Seal]
SEWER DEVELOPMENT AGREEMENT (LAKEWOOD AT BROOKHOLLOW PHASE 3)- Page 13 of23
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SEWER DEVELOPMENT AGREEMENT (LAKEWOOD AT BROOKHOLLOW PHASE 3) – Page 14 of 23
EXHIBIT A
(Legal Description of the Property)
A 52.069 ACRE TRACT OF LAND SITUATED IN THE JAMES STONE SURVEY,
ABSTRACT NO. 847 AND THE ISAAC C. WILLIAMSON SURVEY, ABSTRACT NO. 948,
TOWN OF PROSPER, COLLIN COUNTY, TEXAS, AND BEING PART OF A 121.388
ACRE TRACT OF LAND, CONVEYED TO HH LAKEWOOD, LLC, AS RECORDED
COUNTY CLERK'S FILE NUMBER 20181101001359210, OFFICIAL PUBLIC RECORDS,
COLLIN COUNTY, TEXAS. SAID 52.069 ACRE TRACT, WITH BEARING BASIS BEING
GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE,
NAD83 (NAD83 (2011) EPOCH 2010), DETERMINED BY GPS OBSERVATIONS,
CALCULATED FROM COLLIN CORS ARP (PID-DF8982) AND DENTON CORS ARP
(PID-DF8986) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
COMMENCING AT A 5/8” IRON ROD WITH YELLOW PLASTIC CAP STAMPED
“JACOBS” FOUND FOR THE SOUTHWEST CORNER OF LOT 1X, BLOCK A OF
LAKEWOOD, PHASE 2, AN ADDITION TO THE TOWN OF PROSPER, AS RECORDED
IN COUNTY CLERK’S FILE NO. __________, OFFICIAL PUBLIC RECORDS, COLLIN
COUNTY, TEXAS, THE COMMON SOUTHEAST CORNER OF LAKEWOOD DRIVE, (A
60' RIGHT-OF-WAY) OF LAKEWOOD, PHASE 1, AN ADDITION TO THE TOWN OF
PROSPER, AS RECORDED IN COUNTY CLERK'S FILE NO. 20170623010003030,
OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS, SAME BEING THE
SOUTHEAST CORNER OF SAID LAKEWOOD, PHASE 1, AND THE COMMON
NORTHEAST CORNER OF LAKEWOOD DRIVE, AN ADDITION TO THE TOWN OF
PROSPER, AS RECORDED IN COUNTY CLERK'S FILE NO. 20170622010003010,
OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS, AND BEING ON THE
NORTH LINE OF A TRACT OF LAND CONVEYED TO 55 PROSPER, L.P., AS
RECORDED IN COUNTY CLERK’S FILE NO. 20120111000035080, OFFICIAL PUBLIC
RECORDS, COLLIN COUNTY, TEXAS;
THENCE, NORTH 89 DEGREES 50 MINUTES 18 SECONDS EAST, ALONG THE SOUTH
LINE OF SAID LAKEWOOD, PHASE 2 AND THE COMMON NORTH LINE OF SAID 55
PROSPER, L.P. TRACT, A DISTANCE OF 443.17 FEET TO A 5/8” IRON ROD WITH
YELLOW PLASTIC CAP STAMPED “LJA SURVEYING” SET FOR THE POINT OF
BEGINNING, SAID POINT BEING THE SOUTHEAST CORNER OF SAID LAKEWOOD,
PHASE 2;
THENCE, ALONG THE EAST LINE OF SAID LAKEWOOD, PHASE 2 AND OVER AND
ACROSS SAID 121.388 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES:
NORTH 00 DEGREES 09 MINUTES 42 SECONDS WEST, A DISTANCE OF 205.00
FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA
SURVEYING" SET FOR CORNER;
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SOUTH 89 DEGREES 50 MINUTES 18 SECONDS WEST, A DISTANCE OF 10.45
FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA
SURVEYING" SET FOR CORNER;
NORTH 45 DEGREES 09 MINUTES 42 SECONDS WEST, A DISTANCE OF 14.14
FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA
SURVEYING" SET FOR CORNER;
NORTH 00 DEGREES 09 MINUTES 42 SECONDS WEST, A DISTANCE OF 120.00
FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA
SURVEYING" SET FOR THE NORTHEAST CORNER OF SAID LAKEWOOD,
PHASE 2;
THENCE, SOUTH 89 DEGREES 50 MINUTES 18 SECONDS WEST, ALONG THE NORTH
LINE OF SAID LAKEWOOD, PHASE 2 AND CONTINUING OVER AND ACROSS SAID
121.388 ACRE TRACT, A DISTANCE OF 510.77 FEET TO A 5/8" IRON ROD WITH
YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR THE NORTHWEST
CORNER OF SAID LAKEWOOD, PHASE 2, SAID POINT BEING ON THE EAST RIGHT-
OF-WAY LINE OF AFORESAID LAKEWOOD DRIVE OF SAID LAKEWOOD, PHASE 1.
SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT
HAVING A CENTRAL ANGLE OF 04 DEGREES 46 MINUTES 45 SECONDS, A RADIUS
OF 1260.00 FEET, AND A LONG CHORD THAT BEARS NORTH 25 DEGREES 10
MINUTES 42 SECONDS WEST, A DISTANCE OF 105.07 FEET;
THENCE, ALONG THE EAST RIGHT-OF-WAY LINE OF SAID LAKEWOOD DRIVE, THE
FOLLOWING COURSES AND DISTANCES:
ALONG SAID NON-TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF
105.10 FEET TO A 1/2" IRON ROD WITH CAP STAMPED "CORWIN ENG. INC."
FOUND FOR CORNER;
NORTH 27 DEGREES 34 MINUTES 05 SECONDS WEST, A DISTANCE OF 846.39
FEET TO A 1/2" IRON ROD FOUND FOR CORNER, AND THE BEGINNING OF A
TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 27
DEGREES 15 MINUTES 58 SECONDS, A RADIUS OF 770.00 FEET, AND A
LONG CHORD THAT BEARS NORTH 13 DEGREES 56 MINUTES 05 SECONDS
WEST, A DISTANCE OF 362.98 FEET;
ALONG SAID TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 366.43
FEET TO A 1/2" IRON ROD FOUND FOR CORNER;
NORTH 00 DEGREES 18 MINUTES 06 SECONDS WEST, A DISTANCE OF 86.15
FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS"
FOUND FOR CORNER AT THE SOUTHEAST END OF A ROUND-ABOUT AT
SAID EAST RIGHT-OF-WAY LINE AND SOUTH RIGHT-OF-WAY LINE OF
MEADOWBROOK BOULEVARD, (A VARIABLE WIDTH RIGHT-OF-WAY) OF
SAID LAKEWOOD, PHASE 1. SAID POINT BEING THE BEGINNING OF A
TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 97
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SEWER DEVELOPMENT AGREEMENT (LAKEWOOD AT BROOKHOLLOW PHASE 3) – Page 16 of 23
DEGREES 41 MINUTES 44 SECONDS, A RADIUS OF 45.00 FEET, AND A LONG
CHORD THAT BEARS NORTH 48 DEGREES 32 MINUTES 29 SECONDS EAST, A
DISTANCE OF 67.77 FEET;
ALONG SAID TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 76.73
FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS"
FOUND FOR CORNER, AND THE BEGINNING OF A COMPOUND CURVE TO
THE RIGHT HAVING A CENTRAL ANGLE OF 00 DEGREES 27 MINUTES 19
SECONDS, A RADIUS OF 1150.00 FEET, AND A LONG CHORD THAT BEARS
SOUTH 82 DEGREES 22 MINUTES 59 SECONDS EAST, A DISTANCE OF 9.14
FEET;
THENCE, ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID MEADOWBROOK
BOULEVARD AND SAID COMPOUND CURVE TO THE RIGHT, AN ARC DISTANCE OF
9.14 FEET TO A 1/2" IRON ROD FOUND FOR THE SOUTHEAST CORNER OF SAID
MEADOWBROOK BOULEVARD;
THENCE, ALONG THE EAST LINE OF SAID LAKEWOOD, PHASE 1, THE FOLLOWING
COURSES AND DISTANCES:
NORTH 07 DEGREES 50 MINUTES 41 SECONDS EAST, A DISTANCE OF 85.00
FEET TO A STONE COLUMN FOUND FOR CORNER;
NORTH 35 DEGREES 27 MINUTES 51 SECONDS WEST, A DISTANCE OF 100.13
FEET TO A STONE COLUMN FOUND FOR CORNER;
NORTH 00 DEGREES 18 MINUTES 06 SECONDS WEST, A DISTANCE OF 282.17
FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA
SURVEYING" SET FOR CORNER;
THENCE, OVER AND ACROSS SAID 121.388 ACRE TRACT, THE FOLLOWING
COURSES AND DISTANCES:
NORTH 89 DEGREES 50 MINUTES 18 SECONDS EAST, A DISTANCE OF 129.93
FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA
SURVEYING" SET FOR CORNER;
NORTH 00 DEGREES 09 MINUTES 42 SECONDS WEST, A DISTANCE OF 32.02
FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA
SURVEYING" SET FOR CORNER;
NORTH 89 DEGREES 50 MINUTES 18 SECONDS EAST, A DISTANCE OF 50.00
FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA
SURVEYING" SET FOR CORNER;
SOUTH 00 DEGREES 09 MINUTES 42 SECONDS EAST, A DISTANCE OF 109.86
FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA
SURVEYING" SET FOR CORNER;
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SEWER DEVELOPMENT AGREEMENT (LAKEWOOD AT BROOKHOLLOW PHASE 3) – Page 17 of 23
NORTH 89 DEGREES 50 MINUTES 18 SECONDS EAST, A DISTANCE OF 730.00
FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA
SURVEYING" SET FOR CORNER;
SOUTH 00 DEGREES 09 MINUTES 42 SECONDS EAST, A DISTANCE OF 320.92
FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA
SURVEYING" SET FOR CORNER, AND THE BEGINNING OF A NON-TANGENT
CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 45 DEGREES 02
MINUTES 25 SECONDS, A RADIUS OF 85.50 FEET, AND A LONG CHORD THAT
BEARS SOUTH 67 DEGREES 19 MINUTES 06 SECONDS WEST, A DISTANCE OF
65.49 FEET;
ALONG SAID NON-TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF
67.21 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA
SURVEYING" SET FOR CORNER;
SOUTH 89 DEGREES 50 MINUTES 18 SECONDS WEST, A DISTANCE OF 270.80
FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA
SURVEYING" SET FOR CORNER;
SOUTH 00 DEGREES 09 MINUTES 42 SECONDS EAST, A DISTANCE OF 60.00
FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA
SURVEYING" SET FOR CORNER;
NORTH 89 DEGREES 50 MINUTES 18 SECONDS EAST, A DISTANCE OF 274.85
FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA
SURVEYING" SET FOR CORNER, AND THE BEGINNING OF A TANGENT
CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 43 DEGREES 58
MINUTES 35 SECONDS, A RADIUS OF 85.50 FEET, AND A LONG CHORD THAT
BEARS SOUTH 68 DEGREES 10 MINUTES 25 SECONDS EAST, A DISTANCE OF
64.03 FEET;
ALONG SAID TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 65.62
FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA
SURVEYING" SET FOR CORNER, AND THE BEGINNING OF A REVERSE
CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 97 DEGREES 06
MINUTES 23 SECONDS, A RADIUS OF 75.00 FEET, AND A LONG CHORD THAT
BEARS NORTH 85 DEGREES 15 MINUTES 41 SECONDS EAST, A DISTANCE OF
112.44 FEET;
ALONG SAID REVERSE CURVE TO THE LEFT, AN ARC DISTANCE OF 127.11
FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA
SURVEYING" SET FOR CORNER;
NORTH 89 DEGREES 50 MINUTES 18 SECONDS EAST, A DISTANCE OF 395.05
FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA
SURVEYING" SET FOR CORNER, AND THE BEGINNING OF A NON-TANGENT
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CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 06 DEGREES 43
MINUTES 27 SECONDS, A RADIUS OF 861.00 FEET, AND A LONG CHORD
THAT BEARS NORTH 27 DEGREES 23 MINUTES 20 SECONDS EAST, A
DISTANCE OF 100.99 FEET;
ALONG SAID NON-TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF
101.05 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"LJA SURVEYING" SET FOR CORNER;
SOUTH 59 DEGREES 45 MINUTES 14 SECONDS EAST, A DISTANCE OF 50.00
FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA
SURVEYING" SET FOR CORNER, AND THE BEGINNING OF A NON-TANGENT
CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 03 DEGREES 20
MINUTES 07 SECONDS, A RADIUS OF 811.00 FEET, AND A LONG CHORD
THAT BEARS SOUTH 29 DEGREES 06 MINUTES 52 SECONDS WEST, A
DISTANCE OF 47.20 FEET;
ALONG SAID NON-TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF
47.21 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA
SURVEYING" SET FOR CORNER;
SOUTH 62 DEGREES 33 MINUTES 11 SECONDS EAST, A DISTANCE OF 131.00
FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA
SURVEYING" SET FOR CORNER ON THE EAST LINE OF SAID 121.388 ACRE
TRACT AND THE COMMON WEST LINE OF A 73.015 ACRE TRACT OF LAND
CONVEYED AS TRACT 1 TO PROSPER ISD, AS RECORDED IN COUNTY
CLERK’S FILE NO. 20181023001321670, OFFICIAL PUBLIC RECORDS, COLLIN
COUNTY, TEXAS. SAID POINT BEING THE BEGINNING OF A NON-TANGENT
CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 15 DEGREES 38
MINUTES 29 SECONDS, A RADIUS OF 680.00 FEET, AND A LONG CHORD
THAT BEARS SOUTH 19 DEGREES 37 MINUTES 34 SECONDS WEST, A
DISTANCE OF 185.06 FEET;
THENCE, ALONG SAID COMMON LINE, AND ALONG THE WEST LINE OF
AFORESAID 55 PROSPER, L.P. TRACT, AND ALONG SAID NON-TANGENT CURVE TO
THE LEFT, AN ARC DISTANCE OF 185.64 FEET TO A 1/2" IRON ROD FOUND FOR
CORNER;
THENCE, SOUTH 00 DEGREES 15 MINUTES 52 SECONDS EAST, CONTINUING
ALONG THE EAST LINE OF SAID 121.388 ACRE TRACT AND THE COMMON WEST
LINE OF SAID 55 PROSPER, L.P. TRACT, A DISTANCE OF 1401.21 FEET TO A 1/2"
IRON ROD FOUND FOR THE SOUTHEAST CORNER OF SAID 121.388 ACRE TRACT
AND A COMMON INTERIOR ELL CORNER OF SAID 55 PROSPER, L.P. TRACT;
THENCE, SOUTH 89 DEGREES 50 MINUTES 18 SECONDS WEST, ALONG THE SOUTH
LINE OF SAID 121.388 ACRE TRACT AND THE COMMON NORTH LINE OF SAID 55
PROSPER, L.P. TRACT, A DISTANCE OF 504.06 FEET TO THE POINT OF BEGINNING
AND CONTAINING A CALCULATED AREA OF 52.069 ACRES OF LAND.
Page 144
Item 8.DRAFT
SEWER DEVELOPMENT AGREEMENT (LAKEWOOD AT BROOKHOLLOW PHASE 3) – Page 19 of 23 Page 145Item 8.DRAFT
SEWER DEVELOPMENT AGREEMENT (LAKEWOOD AT BROOKHOLLOW PHASE 3) – Page 20 of 23
EXHIBIT B
(Third Party Sewer Improvement Easements)
None.
Page 146
Item 8.DRAFT
SEWER DEVELOPMENT AGREEMENT (LAKEWOOD AT BROOKHOLLOW PHASE 3) – Page 21 of 23
EXHIBIT C
(General Location of Sewer Improvements)
Page 147
Item 8.DRAFT
SEWER DEVELOPMENT AGREEMENT (LAKEWOOD AT BROOKHOLLOW PHASE 3) – Page 22 of 23
EXHIBIT D
(Estimated Construction Costs)
Page 148
Item 8.DRAFT
SEWER DEVELOPMENT AGREEMENT (LAKEWOOD AT BROOKHOLLOW PHASE 3) – Page 23 of 23 Page 149
Item 8.DRAFT
Page 1 of 2
To: Mayor and Town Council
From: Dan Heischman, P.E., Assistant Director of Engineering Services – Development
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – June 23, 2020
Agenda Item:
Conduct a Public Hearing and receive comments on the proposed updates to the Roadway Design
Standards.
Description of Agenda Item:
Goal 1c of the Town Council’s Major Initiatives states “Provide Efficient and Effective Roads and
Infrastructure.” Staff has reviewed and revised the standards relating to roadway design and
construction of infrastructure within the Town and its Extra-Territorial Jurisdiction (ETJ).
The process of developing and updating standards included 1) reviewing existing practices and
requirements, 2) surveying neighboring communities regarding their best available technology and
practices, and 3) ensuring the proposed requirements are consistent with standard practice for
municipalities in this area. A draft of the proposed standards was provided to the development
and engineering community via the Prosper Developers Council (PDC).
The updated standards include:
1. Revisions and updates to be consistent with 2017 Subdivision Ordinance,
2. Updates to references for recently adopted Paving and Subgrade Design Standards,
3. Added typical sections for roadway intersections at US 380 matching up with neig hboring
municipality’s sections,
4. Design standards for roundabouts,
5. Expanded pedestrian facility guidelines,
6. Design guidelines for curvilinear streets and traffic calming, and
7. Internal Site Circulation Requirements.
A summary table outlining the proposed updates is attached.
Pending direction and input from the Town Council, an ordinance updating the standards will be
placed on the July 14, 2020, Town Council agenda for formal adoption.
Attached Documents:
1. Summary Table
Prosper is a place where everyone matters.
ENGINEERING
SERVICES
Page 150
Item 9.DRAFT
Page 2 of 2
Town Staff Recommendation:
Town staff desires to receive feedback from the public and Town Council regarding the proposed
updates to the Roadway Design Standards.
Page 151
Item 9.DRAFT
Category Subject Existing Standards Proposed Standards
Section
Section 1 - Thoroughfare and Circulation Manual Updated section number to be Section 4 -Roadway Design Standards which shall
fit in what is intended to be an all encompassing engineering design manual.
Section 1 is now reserved for General Requirements which shall include
administrative procedures and guidelines among other basic information.
Intro Section Subsection listed general procedure for deviations.Subsection removed as Subdivision Ordinance covers procedures and future
Section 1 will cover procedures in even more detail
New information added to list Federal standard to be met for all roadway design
including AASHTO and MUTCD reference material.
Deputy Director Referenced Deputy Director of Engineering Services Now references Director of Engineering Services
Pavement and
Subgrade
Listed minimum pavement and subgrade requirements New section references table and adopted Pavement and Subgrade Design
Manual
Removed Minor Rural 4LRD as well as updated pavement thickness to match
updates per Pavement and Subgrade Design standards.
Added typical sections for major thoroughfares at intersections with frontage roads
to match up with street sections in Frisco along US 380 and to apply along ultimate
DNT intersections. Also removed 4LRD sections.
Roundabouts Added detailed section on Roundabouts including when to use, geometry, and
other requirements.
Residential Frontage
Expanded on Residential Frontage section to match requirements in Subdivision
Ordinance which includes no lots shall front arterial or collectors streets.
Street Lengths
Added section on Street Lengths to restrict straight tangent sections over 800 feet
to be consistent with Subdivision Ordinance, but references traffic calming section
when constraints make it difficult to meet requirements.
Block Lengths Added section on Block Lengths to provide guidance for requirements listed in
Subdivision Ordinance.
Entrance Streets Added section on Entrance Streets to provide guidance for requirements listed in
Subdivision Ordinance.
Curvilinear Streets Added section on Curvilinear Streets to provide guidance on street design that
discourages speeding while promoting streetscapes.
Misc. Design Added section on additional street design requirements for roads adjacent to
schools, parks, and other miscellaneous features.
Traffic Calming
Added section on Traffic Calming treatments to provide flexibility to developers
when physical constraints or other make meeting the other curvilinear
requirements difficult. Section allows certain lengths of straight streets with a
variety of options for traffic calming.
Turn Lanes Previous requirements limited decel lanes to Preston, US 380, and
DNT and all driveway at a median opening.
Expanded turn lane requirement to all 4-lane and 6-lane thoroughfares
Grade Differential Added language to match differential grades on fire lanes per Fire Code.
Pavement
Requirements
Add additional information for pavement requirements of driveways within right-of-
way.
Driveway Width
Standard Driveway - Commercial max width = 30 ft High
Capacity drives - 3 lane exits maximum width = 30 ft Maximum
width for service stations = 40 ft
Standard Driveway - Commercial max width = 33 ft
High Capacity drives - 3 lane exits maximum width = 33 ft
Maximum width for service stations = 36 ft
Radii Added language for commercial driveway radii to encroach past property lines
Section Section relocated to be after Driveway Design section
Alley Deign Added additional information on alley intersections (items 9-13)
Added new figure to illustrate alley intersecting an elbow.
Added new figure to illustrate Alley to Alley intersection
Alley right-of-way width was 15 ft for residential and 20 ft for non-
residential
Updated right-of-way widths to be 18 ft for residential (still 20 ft for non-res).
Alley pavement width was 10 ft for residential and 12 ft for non-
residential
Updated pavement widths to be 12 ft for residential (still 12 ft for non-res).
Added maximum alley length requirements (800 ft)
Added requirements if alley is to serve as a fire lane for fire protection.
Added requirements maximum street grades.
Added vertical curve requirements for stopping sight distance.
Added requirements for strip between screening walls and alleys.
Frontage Road
Design (non-TxDOT)Frontage Roads
Section 1.09 Updated section on frontage road requirements now that DNT is expanding and
development along that corridor is in near future. Needed clear design standards
to help address certain conditions.
Bridge and Bridge-
Class Culvert
Design
Bridge Design
Added section on bridge design as development and CIP roadways expand into
areas with major creeks and drainage ways. Needed clear design standards to
address certain conditions.
Additional Ped
Facilities
Section 1.06 had design standard for various conditions juts on
sidewalks.
New section expands to hike& bike trails, barrier free ramps and other standards to
address all pedestrian facilities.
Federal and State
Code
Section added to list applicable federal and state guidelines that apply and govern
pedestrian facilities.
Expanded on old section to give clear guidance on sidewalk requirements as it
relates to ADA, but also as it relates to other Town standards.
Section 1.06.A.1 thru 5 Reworded section(s) to provide clearer guidance and design standards for
sidewalks.
Added section to provide more guidance on hike and bike trail design
Section 1.06.A.8.Changed to Hike & Bike Trail under Bridges vs Sidewalks under Bridges.
Added new section to provide design standards for pedestrian handrails along
public sidewalks and trails.
Pubic Right-of-way
Visibility
Requirements
Section 1.07.E. Landscape Plan Requirements Removed section as Town has standard median landscape requirements
Street Lighting Added section on Street Lights to provide guidance for requirements of Town's
new light standards.
Street Names Signs Added section on Street Name Signs at all non-signalized intersections to provide
guidance for requirements of Town's street name sign standards.
Typical Sections
Alley R.O.W.
Figures
Various Alley Design
Misc. Sidewalk
Design
Pedestrian Facilities
Driveway Design
General
Street Design
Alley Design
Page 152
Item 9.DRAFT
Traffic Signals Section 1.10 Updated section on Traffic Signals to provide guidance for requirements of Town's
new signal standards.
Traffic Impact
Analysis Mitigation
Added section to provide guidance when specific development on existing or
planned thoroughfares may alter zoning and/or future land use in order to provide
analysis to identify and mitigate impacts to Town road system.
Post-Development
Traffic Calming
Guidelines
Section 1.08 Retitled section to more accurately reflect section intent
Page 153
Item 9.DRAFT
Page 1 of 3
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – June 23, 2020
Agenda Item:
Conduct a Public Hearing, and consider and act upon an ordinance rezoning 1.2± acres from
Planned Development-84 (PD-84) to Downtown Retail (DTR), located on the northeast corner of
Broadway Street and McKinley Street. (Z20-0012). [Companion Case Z20-0011]
Description of Agenda Item:
The zoning and land use of the surrounding properties are as follows:
Zoning Current Land Use Future Land
Use Plan
Subject
Property Planned Development-84 Parking/Undeveloped Old Town Main Street Retail
North Planned Development-84 Silo Park
Food Truck Park Old Town Main Street Retail
East Downtown Retail Undeveloped Old Town Main Street Retail
South Downtown Commercial Office/Warehouses Old Town Mixed Use
West Downtown Commercial Prosper Tire Old Town Mixed Use
Requested Zoning – The subject property was rezoned to PD-84 in November 2017, to allow for
the development of Silo Park, a food truck park and outdoor entertainment venue. With the
development of Silo Park, the property was zoned and platted as one (1) lot. In December 2019,
the lot was subdivided into two (2) lots, with Silo Park occupying the lot on the northern half of the
property, being Lot 1R, and the lot on the southern half of the property, being Lot 2, serving as the
parking for Silo Park, as shown below. The property owner of Lot 2 desires to be removed from
the Silo Park PD and have the property rezoned to DTR.
The subdivision allowed the operator of Silo Park to acquire Lot 1R. In conjunction with the
subdivision of property, a parking agreement was established which requires relocation of parking
Prosper is a place where everyone matters.
PLANNING
Page 154
Item 10.DRAFT
Page 2 of 3
from Lot 2 to Lot 1R, within 90 days from the time requested by the property owner of Lot 2. The
purpose of this request is to rezone Lot 2 back to its previous designation, prior to the
establishment of PD-84, to Downtown Retail.
At the time of an application for “straight” zoning, the applicant is not required to submit an exhibit
depicting how the property will be specifically developed or elevations of the proposed building.
Prior to development, the developer will be required to submit a Site Plan for review and approval
by the Planning & Zoning Commission. The applicant has been advised of the standards
necessary for development.
As a companion item, the Planned Development-84 amendment request for Silo Park (Z20-0011)
is on the June 23, 2020 agenda.
Future Land Use Plan – The Future Land Use Plan recommends Old Town Main Street Retail.
The proposed zoning request conforms to the Future Land Use Plan.
Thoroughfare Plan – The property has direct access to Broadway Street, a two lane roadway. The
proposed request conforms to the Thoroughfare Plan.
Parks Master Plan – The Parks Master Plan does not indicate a park is needed on the subject
property; however, a hike and bike trail (wide sidewalk) will be needed along Broadway Street and
McKinley Street at the time of development.
Legal Obligations and Review:
Notification was provided as required by the Zoning Ordinance and state law. Town Attorney,
Terrence Welch of Brown and Hofmeister, L.L.P., has approved the standard ordinance as to form
and legality.
Page 155
Item 10.DRAFT
Page 3 of 3
Attached Documents:
1. Aerial and Zoning Maps
2. Ordinance
3. Exhibit A
Planning & Zoning Commission Recommendation:
At their June 2, 2020 meeting, the Planning and Zoning Commission recommended the Town
Council approve the request, by a vote of 6-0.
Staff Recommendation:
Town staff recommends the Town Council approve an ordinance rezoning 1.2± acres from
Planned Development-84 (PD-84) to Downtown Retail (DTR), located on the northeast corner of
Broadway Street and McKinley Street.
Proposed Motion:
I move to approve an ordinance rezoning 1.2± acres from Planned Development-84 (PD-84) to
Downtown Retail (DTR), located on the northeast corner of Broadway Street and McKinley Street.
Page 156
Item 10.DRAFT
Z20-0012
FIFTH ST MAIN STBROADWAY ST
SIXTH ST
MCKINLEY STCOLEMAN ST
±0 150 30075FeetPage 157
Item 10.DRAFT
DTC
Z20-0012
PD-84
PD-80
PD-78
DTC
DTR
SF-15
SF-15
DTR
DTO
DTO
DTO
C
DTR
SF-15
DTR
DTR
C
FIFTH ST MAIN STBROADWAY ST
SIXTH ST
MCKINLEY STCOLEMAN ST
±0 150 30075FeetPage 158
Item 10.DRAFT
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2020-___
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
PROSPER’S ZONING ORDINANCE BY REZONING A TRACT OF LAND
CONSISTING OF 1.16 ACRES, MORE OR LESS, SITUATED IN THE COLLIN
COUNTY SCHOOL LAND, ABSTRACT NO. 147, IN THE TOWN OF
PROSPER, COLLIN COUNTY, TEXAS; FROM PLANNED DEVELOPMENT-84
(PD-84) TO DOWNTOWN RETAIL (DTR); DESCRIBING THE TRACT TO BE
REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;
AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has
investigated and determined that the Zoning Ordinance should be amended; and
WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request (Case Z20-
0012) from Don Brown (“Applicant”), to rezone 1.16 acres of land, more or less, in the Collin
County School Land Survey, Abstract No. 147, in the Town of Prosper, Collin County, Texas,
from Planned Development-84 (PD-84) to Downtown Retail (DTR) and being more particularly
described in Exhibit “A,” attached hereto and incorporated herein for all purposes; and
WHEREAS, the Town Council has investigated and determined that the facts contained
in the request are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and
form set forth by law, Public Hearings have been held, and all other requirements of notice and
completion of such procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1
Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2
Amendment to the Town’s Zoning Ordinance. The Town’s Zoning Ordinance, adopted
by Ordinance No. 05-20 and Ordinance No. 17-84 are amended as follows: The zoning
designation of the below described property containing 1.16 acres of land, more or less, in the
Collin County School Land Survey, Abstract No. 147, in the Town of Prosper, Collin County,
Texas, (the “Property”) and all streets, roads, and alleyways contiguous and/or adjacent thereto
is hereby zoned as Downtown Retail (DTR) and being more particularly described in Exhibit “A,”
attached hereto and incorporated herein for all purposes as if set forth verbatim.
Page 159
Item 10.DRAFT
Ordinance No. 2020-__, Page 2
All development plans, standards, and uses for the Property shall comply fully with the
requirements of all ordinances, rules, and regulations of the Town of Prosper, as they currently
exist or may be amended.
Two (2) original, official, and identical copies of the zoning exhibit map are hereby
adopted and shall be filed and maintained as follows:
a. One (1) copy shall be filed with the Town Secretary and retained as an original
record and shall not be changed in any manner.
b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-
date by posting thereon all changes and subsequent amendments for observation,
issuing building permits, certificates of compliance and occupancy, and enforcing the
zoning ordinance. Reproduction for inf ormation purposes may from time-to-time be
made of the official zoning district map.
SECTION 3
No Vested Interest/Repeal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of
this Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4
Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to
make use of said premises in some manner other than as authorized by this Ordinance, and
shall be unlawful for any person, firm or corporation to construct on said premises any building
that is not in conformity with the permissible uses under this Zoning Ordinance.
SECTION 5
Penalty. Any person, firm, corporation or business entity violating this Ordinance or any
provision of Prosper’s Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand
Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a
separate offense. The penal provisions imposed under this Ordinance shall not preclude
Prosper from filing suit to enjoin the violation. Prosper retains all legal r ights and remedies
available to it pursuant to local, state and federal law.
SECTION 6
Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. Prosper hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
Page 160
Item 10.DRAFT
Ordinance No. 2020-__, Page 3
SECTION 7
Savings/Repealing Clause. Prosper’s Zoning Ordinance No. 05-20 shall remain in full
force and effect, save and except as amended by this or any other Ordinance. All provisions of
any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in
conflict; but such repeal shall not abate any pending prosecution for violation of the repealed
ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if
occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances
shall remain in full force and effect.
SECTION 8
Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 23RD DAY OF JUNE, 2020.
______________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 161
Item 10.DRAFT
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MITCHELL'S ADDITION
VOL. 107, PG. 588
D.R.C.C.T.
PART OF BLOCK 1
WATCH MANAGEMENT LLP
CC#20071114001544900
O.P.R.C.T.
COLLIN COUNTY SCHOOL
LAND #12
VOL. 108, PG. 430
D.R.C.C.T.
BLOCK 7, TRACT 89
RAY & SHARON LOVELESS
CC#2000-0128544
D.R.C.C.T.
BRYANTS #01 ADDITION
VOL. 116, PG. 162
D.R.C.C.T.
LOTS 1-4, BLOCK 1
EVANGELINA G. SANMINGUEL
CC#20080218000188910
O.P.R.C.T.
BRYANTS #01 ADDITION
VOL. 116, PG. 162
D.R.C.C.T.
LOTS 21-23, BLOCK 1
DAN CHRISTIE
CC#2003-0215743
O.P.R.C.T.
BRYANTS #01 ADDITION
VOL. 116, PG. 162
D.R.C.C.T.
LOTS 1 & 2, BLOCK 3
BILL REYNOLDS
VOL. 1906, PG. 153
D.P.R.C.T.
LOT 2
MATTHEW S. SAVOY
CC#97-0012003
D.R.C.C.T.
LOT 1
MATTHEW S. SAVOY
CC#97-0012003
D.R.C.C.T.
PRECISION ADDITION
CAB. 1, SLIDE 132
D.R.C.C.T.
RAILROAD PROSPER ADDITION
VOL. 108, PG. 540
D.R.C.C.T.
BLOCKS 28 & 29
ASSOCIATED GRAIN PRODUCERS, L.L.C.
CC#2000-0043786
D.P.R.C.T.
LOT 1A, BLOCK 27
SARAH NELL MORRIS TEMPLIN
VOL. 5132, PG. 4351
D.R.C.C.T.
RAILROAD PROSPER ADDITION
VOL. 108, PG. 540
D.R.C.C.T.
LOT 1F, BLOCK 27
TRACT 1
BRANDON & JAN VAN VOLKENBURGH
CC#20060118000072230
O.P.R.C.C.T.
LOT 1C, BLOCK 27
SARAH NELL MORRIS TEMPLIN
CC#2006011800072230
O.P.R.C.C.T.
LAND USE: VACANT
ZONING: DOWNTOWN COMMERCIAL LAND USE: SINGLE FAMILY RESIDENTIAL
ZONING: DOWNTOWN OFFICE
LAND USE: SINGLE FAMILY RESIDENTIAL
ZONING: SINGLE FAMILY
LAND USE: VACANT
ZONING: COMMERCIAL
LAND USE: ENTOURAGE MOTORS
ZONING: DOWNTOWN RETAIL
LAND USE: WAREHOUSE
ZONING: DOWNTOWN COMMERCIAL
LAND USE: STORAGE SILO
ZONING: DOWNTOWN COMMERCIAL
LAND USE: WAREHOUSE
ZONING: DOWNTOWN COMMERCIAL
LAND USE: AUTO REPAIR
ZONING: DOWNTOWN COMMERCIAL
LAND USE: DESIGNER ROOFING
ZONING: DOWNTOWN COMMERCIAL
LAND USE: DESIGNER ROOFING
ZONING: DOWNTOWN COMMERCIAL 50.9'R.O.W.±373' TO S. MAIN ST.
±371' TO S. MAIN ST.±1024.3' TO W. FIRST ST.±409.50' TO S. MAIN ST.
25'
BUILDI
N
G
LINE 25'BUILDINGLINEEX. FENCE
136.59'24'174.77'S
EX. DRIVEWAY2
EDGE OF EX. PAVEMENT
EDGE OF EX. PAVEMENT
LOTS 1
R
&
2
,
B
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A
SILO P
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P.R.C.C
.
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1.05 ACRES
B L O C K A
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1.16 ACRES
7
EXISTING ZONING- PD-84- DTR
PROPOSED ZONING- DTR
EXISTING ZONING- PD-84- DTR
USE: FOOD TRUCK PARK
DATENo.REVISIONBYDATE:
SHEET
File No. 2017-134
CHECKED:
MBT
DRAWN:MBT
DESIGN:SILO PARKPROSPER CO-OP GIN ASSOCIATIONVOL. 853, PG. 336D.R.C.C.T.PROSPER, TEXAS1903 CENTRAL DRIVE, SUITE #406PHONE: 817.281.0572BEDFORD, TX 76021 WWW.CLAYMOOREENG.COMPLOTTED BY:LYNN ROWLANDPLOT DATE: 6/10/2020 10:03 AMLOCATION: Z:\PROJECTS\2017-134 BROADWAY FOOD TRUCK PARK\CADD\SHEETS\EXHIBIT A LOT 2.DWGLAST SAVED: 6/10/2020 8:50 AM
TEXAS REGISTRATION #14199
DD
06/09/
2
0
2
0
06/09/2020EXHIBIT AEX-A
COUNTY SURVEY:ABSTRACT NO.
COLLIN COLLIN COUNTY SCHOOL LAND
SURVEY 147
CITY:STATE:
TOWN OF PROSPER TEXAS
LEGAL DESCRIPTION:
DEVELOPER:
APPLICANT:
CLAYMOORE ENGINEERING, INC.
301 S. COLEMAN, SUITE 40
PROSPER, TX 75078
PH: 817.281.0572
SURVEYOR:
EAGLE SURVEYING, LLC
210 SOUTH ELM STREET
DENTON, TX 76201
PH: 940.222.3009
SILO PARK LLC
1061 N. COLEMAN, SUITE 90
PROSPER, TEXAS 750578
PH: 214.725.1104
LOT 2, BLOCK A
SILO PARK ADDITION
DOCUMENT No. 2018-667
P.R.C.C.T.
SILO PARK- LOT 2
CONTACT NAME: DOUG WALKER
CONTACT NAME: MATT MOORE
CONTACT NAME: JOHN COX
EXHIBIT A
CASE No. Z20-0012
0
GRAPHIC SCALE
1 inch = ft.
30 30 60
30
15
ACCORDING TO MAP NO. 48085C0235J, DATED JUNE 2, 2009 OF THE NATIONAL
FLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF COLLIN
COUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERAL
INSURANCE ADMINISTRATION, THIS PROPERTY IS WITHIN ZONE "X"
(UNSHADED) AND IS NOT WITHIN A SPECIAL FLOOD HAZARD AREA.
FLOODPLAIN NOTE
BENCHMARK NOTES:
1. THE BEARINGS SHOWN ON THIS SURVEY WERE
DERIVED FROM WESTERN DATA SYSTEMS RTK
NETWORK AND ARE REFERENCED TO THE TEXAS
COORDINATE SYSTEM OF 1983, NORTH CENTRAL
ZONE (4202) AND ARE BASED O THE AMERICAN
DATUM OF 1983, 2011 ADJUSTMENT
2. ELEVATIONS ARE BASED ON NAVD88,
REFERENCED TO NAD83, 2011 ADJUSTMENT AND
WERE DERIVED FROM WESTERN DATA SYSTEMS
RTK NETWORK
*NO 100-YEAR FLOODPLAIN EXISTS ON THE SITE*
N
N.T.S.
VICINITY MAP
SITE
E 1ST ST N PRESTON RDE BROADWAY ST
S COLEMAN STS CRAIG RDMCKINLEY STE PROSPER TRAIL
FEMA LOMR:
THIS SITE HAS BEEN DESIGNED PER
FEMA LOMR EFFECTIVE JANUARY 18, 2018
LINE TABLE
LINE BEARING DISTANCE
L1 S 50°44'12" W 12.68'
L2 N 33°35'33" W 14.91'
L3 N 54°24'55" E 15.72
L4 S 41°15'20" E 7.79'
L5 N 33°35'31 W 30.94'
W 5TH ST
Page 162
Item 10.DRAFT
Page 1 of 4
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – June 23, 2020
Agenda Item:
Conduct a Public Hearing, and consider and act upon an ordinance amending Planned
Development-84 (PD-84), on 1.1+ acres, located on the southeast corner of Fifth Street and
McKinley Street, generally to amend the property boundary, permitted uses, and development
standards for Silo Park Food Truck Park. (Z20-0011) [Companion Case Z20-0012]
Description of Agenda Item:
The zoning and land use of the surrounding properties are as follows:
Zoning Current Land Use Future Land Use Plan
Subject
Property Planned Development-84 Silo Park
Food Truck Park
Old Town Main Street
Retail
North Downtown Commercial Undeveloped Old Town Commercial
East Single Family-15 Single Family
Residence
Old Town Main Street
Retail
South Planned Development-84 Undeveloped Old Town Main Street
Retail
West Downtown Commercial Contractor Yard Old Town Mixed Use
The purpose of the proposed PD amendment is to allow for the continued operation of Silo Park,
a food truck park and outdoor entertainment venue. In November 2017, PD-84 was approved as
a temporary use to determine if it would be a viable business. Approval permitted the use for an
initial period of three (3) years, and allowed for continued use with approval of a Specific Use
Permit, provided all development standards (i.e. architecture, landscaping, and parking) were
Prosper is a place where everyone matters.
PLANNING
Page 163
Item 11.DRAFT
Page 2 of 4
brought up to Town code. In-lieu of applying for a Specific Use Permit, the applicant is requesting
to amend PD-84 to allow for continued use, as well as to modify the property boundary, permitted
uses, and development standards, as described below:
Property Boundary – With the development of Silo Park, the property was zoned, platted, and
developed as one (1) lot. In December 2019, the subject property was subdivided into two (2)
lots, with Silo Park occupying the lot on the northern half of the property, being Lot 1R, and
the lot on the southern half of the property, being Lot 2, serving as the parking for Silo Park.
With this request, the southern half of the property, Lot 2, will be removed from the Planned
Development and PD-84 for Silo Park is proposed only for Lot 1R.
Food Truck Park Use – The applicant is proposing the Food Truck Park use by right, without
being subject to a term of expiration. However, the PD indicates that following the
discontinuation of use the property shall be restored to its original pre-developed condition.
Restaurant Incubator Use – The applicant is requesting approval of a new use on the property,
restaurant incubators. In the southwest corner of the property, two (2) approximately 10 -foot
by 20-foot shipping container type structures would be placed on the site to provide a location
for one or more restaurants to occupy. These structures would be connected to the Town’s
water and sewer utilities to comply with health and code requirements. Similar to the beverage
center, the two structures would not have a masonry exterior as required by the zoning
requirements. These incubator restaurants would be in addition to any food trucks that are
located on the site. The PD requires the incubator structures to be removed from the site
within 90 days after the discontinuation of use. The following photographs illustrate the
proposed incubator restaurants.
Parking – The Zoning Ordinance requires that all commercial parking spaces and drive aisles
are paved with concrete. The use of flex-base for parking lot paving was approved in
conjunction with the PD for the initial three (3) year period. The applicant is requesting the
continued use of flex base. The proposed PD would permit continued use of flex base;
however, it would require asphalt paving within three (3) years from the date of Town Council
approval of this request.
In conjunction with the subdivision of the property, a parking agreement was established which
requires relocation of parking from the southern lot (Lot 2) to the northern lot (Lot 1R), within
90 days from the time requested by the property owner of Lot 2.
Architecture – This request would allow for structures associated with the food truck park use
to be exempt from the architectural and masonry standards of the Zoning Ordinance and to
comply with the representative elevations included in the PD. However, whenever the food
truck park use ceases, redevelopment of the property would require compliance with the
Page 164
Item 11.DRAFT
Page 3 of 4
Town’s architectural standards. The proposed PD includes images of the existing beverage
center, stage, and shade structure as shown below, as well as the proposed restaurant
incubators shown above.
Landscaping – This request allows for landscaping associated with the food truck park use to
be exempt from the minimum landscape standards of the Zoning Ordinance. However,
whenever the food truck park use ceases, redevelopment of the property would require
compliance with the Town’s landscape standards. Below is an image of the existing
landscaping located within the development, which depicts the presence of several large trees.
As a companion item, the rezoning request from PD-84 to Downtown Retail (Z20-0012) is on the
June 23, 2020 agenda.
Old Town Assessment, Phase 1 – The Old Town Assessment, Phase 1 Study recommends under
the Guiding Principles that:
“Old Town should offer Prosper residents and visitors many gathering places, including
both outdoor spaces such as plazas and open spaces and indoor places such as
restaurants and performance spaces.”
Future Land Use Plan – The Future Land Use Plan recommends Old Town Main Street Retail for
the property; the proposed Planned Development conforms to the Future Land Use Plan.
Thoroughfare Plan – The property has direct access to McKinley Street, a 60-foot, 2-lane,
undivided roadway. The zoning exhibit complies with the Thoroughfare Plan.
Parks Master Plan – The Parks Master Plan does not indicate a park is needed on the subject
property; however, a hike and bike trail will be needed at the time of development.
Legal Obligations and Review:
Page 165
Item 11.DRAFT
Page 4 of 4
Notification was provided as required by the Zoning Ordinance and state law. Town staff has not
received any Public Hearing Notice Reply Forms. Town Attorney, Terrence Welch of Brown and
Hofmeister, L.L.P., has approved the standard ordinance as to form and legality.
Attached Documents:
1. Aerial and Zoning Maps
2. Current Exhibits A, B, C, D, and E
3. Proposed Exhibits A, B, C, and D
4. Ordinance
Planning & Zoning Commission Recommendation:
At their June 2, 2020 meeting, the Planning and Zoning Commission recommended the Town
Council approve the request, by a vote of 6-0, subject to modifying the timeframe for improving
the parking lot paving for the Food Truck Park from two (2) years to three (3) years.
Since the Planning & Zoning Commission meeting, the request has been modified to reflect the
three (3) year timeframe for the required parking lot paving. Staff is supportive of the Planning &
Zoning Commission’s recommendation.
Staff Recommendation:
Town staff recommends the Town Council approve an ordinance amending Planned
Development-84 (PD-84), on 1.1+ acres, located on the southeast corner of Fifth Street and
McKinley Street, generally to amend the property boundary, permitted uses, and development
standards for Silo Park Food Truck Park.
Proposed Motion:
I move to approve an ordinance amending Planned Development-84 (PD-84), on 1.1+ acres,
located on the southeast corner of Fifth Street and McKinley Street, generally to amend the
property boundary, permitted uses, and development standards for Silo Park Food Truck Park.
Page 166
Item 11.DRAFT
Z20-0011
FIFTH ST MAIN STCOLEMAN STBROADWAY ST
SIXTH ST
MCKINLEY ST±0 180 36090FeetPage 167
Item 11.DRAFT
Z20-0011
PD-84
PD-80
PD-45
PD-78
DTC
SF-15
DTR
SF-15
DTR
DTO
DTO
C
SF-15
C
R
DTO
DTO
C DTO
DTR
DTR
DTR
SF-15
SF-15
FIFTH ST MAIN STCOLEMAN STBROADWAY ST
SIXTH ST
MCKINLEY ST±0 180 36090FeetPage 168
Item 11.DRAFT
SILO PARK
PROSPER, TEXAS
CURRENT EXHIBIT
Page 169
Item 11.DRAFT
CURRENT EXHIBIT
Page 170
Item 11.DRAFT
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656656
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658 CROCKETT STREETNO SURFACE30' R.O.W.VOL. 116, PG. 162P.R.C.C.T.CIRS
1/2" IRF
1/2" IRF
1/2" IRF
TBM #1
MAG NAIL SET
Z= 654.99'
TBM #2
MAG NAIL SET
Z= 657.70'
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MAG NAIL SET
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654655656657658654655656657658654655655655
656656
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658 CROCKETT STREETNO SURFACE30' R.O.W.VOL. 116, PG. 162P.R.C.C.T.CIRS
1/2" IRF
1/2" IRF
1/2" IRF
TBM #1
MAG NAIL SET
Z= 654.99'
TBM #2
MAG NAIL SET
Z= 657.70'
TBM #3
MAG NAIL SET
Z= 654.44'
PROSPER CO-OP GIN
ASSOCIATION VOL. 853,
PG. 336 D.R.C.C.T.
GROSS 2.45 ACRES
NET 2.21 ACRES
EXISTING ZONING: DOWNTOWN RETAIL
PROPOSED ZONING: PD±18.2'21'±23.1'±23.4'±21.2'
±20.3'
30'
R.O.W.
MITCHELL'S ADDITION
VOL. 107, PG. 588
D.R.C.C.T.
PART OF BLOCK 1
WATCH MANAGEMENT LLP
CC#20071114001544900
O.P.R.C.T.
COLLIN COUNTY SCHOOL
LAND #12
VOL. 108, PG. 430
D.R.C.C.T.
BLOCK 7, TRACT 89
RAY & SHARON LOVELESS
CC#2000-0128544
D.R.C.C.T.
BRYANTS #01 ADDITION
VOL. 116, PG. 162
D.R.C.C.T.
LOTS 1-4, BLOCK 1
EVANGELINA G. SANMINGUEL
CC#20080218000188910
O.P.R.C.T.
BRYANTS #01 ADDITION
VOL. 116, PG. 162
D.R.C.C.T.
LOTS 21-23, BLOCK 1
DAN CHRISTIE
CC#2003-0215743
O.P.R.C.T.
BRYANTS #01 ADDITION
VOL. 116, PG. 162
D.R.C.C.T.
LOTS 1 & 2, BLOCK 3
BILL REYNOLDS
VOL. 1906, PG. 153
D.P.R.C.T.
LOT 2
MATTHEW S. SAVOY
CC#97-0012003
D.R.C.C.T.
LOT 1
MATTHEW S. SAVOY
CC#97-0012003
D.R.C.C.T.
PRECISION ADDITION
CAB. 1, SLIDE 132
D.R.C.C.T.
RAILROAD PROSPER ADDITION
VOL. 108, PG. 540
D.R.C.C.T.
BLOCKS 28 & 29
ASSOCIATED GRAIN PRODUCERS, L.L.C.
CC#2000-0043786
D.P.R.C.T.
LOT 1A, BLOCK 27
SARAH NELL MORRIS TEMPLIN
VOL. 5132, PG. 4351
D.R.C.C.T.
RAILROAD PROSPER ADDITION
VOL. 108, PG. 540
D.R.C.C.T.
LOT 1F, BLOCK 27
TRACT 1
BRANDON & JAN VAN VOLKENBURGH
CC#20060118000072230
O.P.R.C.C.T.
LOT 1C, BLOCK 27
SARAH NELL MORRIS TEMPLIN
CC#2006011800072230
O.P.R.C.C.T.
LAND USE: VACANT
ZONING: DOWNTOWN COMMERCIAL
LAND USE: SINGLE FAMILY RESIDENTIAL
ZONING: DOWNTOWN OFFICE
LAND USE: SINGLE FAMILY RESIDENTIAL
ZONING: SINGLE FAMILY
LAND USE: VACANT
ZONING: COMMERCIAL
LAND USE: ENTOURAGE MOTORS
ZONING: DOWNTOWN RETAIL
LAND USE: WAREHOUSE
ZONING: DOWNTOWN COMMERCIAL
LAND USE: STORAGE SILO
ZONING: DOWNTOWN COMMERCIAL
LAND USE: WAREHOUSE
ZONING: DOWNTOWN COMMERCIAL
LAND USE: AUTO REPAIR
ZONING: DOWNTOWN COMMERCIAL
LAND USE: DESIGNER ROOFING
ZONING: DOWNTOWN COMMERCIAL
LAND USE: DESIGNER ROOFING
ZONING: DOWNTOWN COMMERCIAL
100'R.O.W.50'
R.O.W.50'R.O.W.N78°36'
5
3
"
W
375.19'N11°25'47"E299.85'S82°35'57"E
311.49'S0°05'18"W327.85'±373' TO S. MAIN ST.
±371' TO S. MAIN ST.±1024.3' TO W. FIRST ST.5' R.O.W.DEDICATION5' R.O.
W
.
DEDICA
T
I
O
N
20' R.O.W.DEDICATIONDATENo.REVISIONBYDATE:
SHEET
File No. 2017-102
8/2/2017
CHECKED:
JEV
DRAWN:JEV
DESIGN:SILO PARKPROSPER CO-OP GIN ASSOCIATIONVOL. 853, PG. 336D.R.C.C.T.PROSPER, TEXAS1903 CENTRAL DRIVE, SUITE #406PHONE: 817.281.0572BEDFORD, TX 76021 WWW.CLAYMOOREENG.COMPLOTTED BY:JVALDEZPLOT DATE: 8/4/2017 10:47 AMLOCATION: C:\EGNYTE\SHARED\PROJECTS\2017-134 BROADWAY FOOD TRUCK PARK\CADD\EXHIBIT\EXHIBIT-A.DWGLAST SAVED: 8/3/2017 9:52 PM
TEXAS REGISTRATION #14199
MAM
PRELIMINARY
CLAYMOORE ENGINEERING
EXHIBIT AEXH-A
COUNTY SURVEY:ABSTRACT NO.
COLLIN COLLIN COUNTY SCHOOL LAND
SURVEY 147
CITY:STATE:
TOWN OF PROSPER TEXAS
LEGAL DESCRIPTION:
DEVELOPER:
APPLICANT:
CLAYMOORE ENGINEERING, INC.
1903 CENTRAL DRIVE, SUITE #406
BEDFORD, TX 76021
PH: 817.281.0572
SURVEYOR:
EAGLE SURVEYING, LLC
210 SOUTH ELM STREET
DENTON, TX 76201
PH: 940.222.3009
SILO PARK LLC
1061 N. COLEMAN, SUITE 90
PROSPER, TEXAS 750578
PH: 214.725.1104
PROSPER CO-OP GIN ASSOCIATION
VOL. 853, PG. 336
D.R.C.C.T.
SILO PARK
CONTACT NAME: DOUG WALKER
CONTACT NAME: MATT MOORE
CONTACT NAME: LARRY SPRADLING
EXHIBIT A
CASE #:
0
GRAPHIC SCALE
1 inch = ft.
30 30 60
30
15
ACCORDING TO MAP NO. 48085C0235J, DATED JUNE 2, 2009 OF THE NATIONAL
FLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF COLLIN
COUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERAL
INSURANCE ADMINISTRATION, THIS PROPERTY IS WITHIN ZONE "X"
(UNSHADED) AND IS NOT WITHIN A SPECIAL FLOOD HAZARD AREA.
FLOODPLAIN NOTE
BENCHMARK NOTES:
1. THE BEARINGS SHOWN ON THIS SURVEY WERE
DERIVED FROM WESTERN DATA SYSTEMS RTK
NETWORK AND ARE REFERENCED TO THE TEXAS
COORDINATE SYSTEM OF 1983, NORTH CENTRAL
ZONE (4202) AND ARE BASED O THE AMERICAN
DATUM OF 1983, 2011 ADJUSTMENT
2. ELEVATIONS ARE BASED ON NAVD88,
REFERENCED TO NAD83, 2011 ADJUSTMENT AND
WERE DERIVED FROM WESTERN DATA SYSTEMS
RTK NETWORK
*NO 100-YEAR FLOODPLAIN EXISTS ON THE SITE*
N
N.T.S.
VICINITY MAP
SITE
E 1ST ST N PRESTON RDE BROADWAY ST
S COLEMAN STS CRAIG RDMCKINLEY STE PROSPER TRAIL
LEGEND
ZONING BOUNDARY
EXHIBIT A
CURRENT EXHIBIT
Page 171
Item 11.DRAFT
Z17-0009
EXHIBIT B
STATEMENT OF INTENT AND PURPOSE
Silo Park is to be a new gathering place in the shadows of the railroad silos in the Old Town
District of Prosper, Texas. It will provide a wide selection of food, beverages, and entertainment
in a family friendly environment. The guests are invited to stay and socialize. With the feel of a
backyard party with dozens of your closest friends, guests can sit back, relax and enjoy a
memorable social experience.
Silo Park will be a food truck park and entertainment venue situated on the northeast corner of
W. 5
th Street and N. McKinley Street in the Old Town District of Prosper, Texas. The park will
have room for six full size food trucks, outdoor seating, a stage for live music and performances,
a designated kid’s area, and a freestanding beverage center with restrooms.
CURRENT EXHIBIT
Page 172
Item 11.DRAFT
Z17-0009
EXHIBIT C
PLANNED DEVELOPMENT STANDARDS
Conformance with the Town’s Zoning Ordinance and Subdivision Ordinance: Except as otherwise
set forth in these Development Standards, the regulations of the Town’s Zoning Ordinance
(Ordinance No. 05-20, as it exists or may be amended, and the Subdivision Ordinance, as it exists
or may be amended, shall apply.
A.Use of Land and Buildings. The Tract shall develop in accordance with the uses permitted in the
Downtown Retail (DTR) District as indicated in the Schedule of Uses in the Town’s Zoning Ordinance, as
it exists or may be amended, except as follows:
1.Temporary Food Truck Park and Outdoor Entertainment Venue
a.For an initial term of three (3) years from the date of approval of this Planned
Development, the site may develop as a food truck park and outdoor entertainment
venue as shown in Exhibit D.
b.If the developer wishes to continue the use of the site as a food truck park and outdoor
entertainment venue beyond the initial three-year term, the developer shall make an
application for a Specific Use Permit for the venue prior to the expiration of the initial
three year term.
c.No later than six (6) months prior to the third anniversary of the Town’s approval of
this ordinance, the owner/operator of the food truck park and outdoor entertainment
venue shall present to the Town a Specific Use Permit application in full compliance
with all Town zoning and subdivision regulations, including but not limited to building
construction materials, landscaping, parking, fencing and related site development
requirements.
d.Alcoholic beverage sales shall be subject to all applicable Town of Prosper regulations
and TABC permitting requirement.
e.Following discontinuation of use all improvements shall be removed from the property
and the property returned to pre-developed conditions within a period of time no great
than 90 days.
B.Regulations
Except as noted below, the Tract shall develop in accordance with the development standards for the
Downtown Retail (DTR) District, as it exists or may be amended.
1.Architecture – The exterior masonry façade requirements of Chapter 4, Sections 8 and 9.8
of the Town’s Zoning Ordinance, as it exists or may be amended, shall not apply to the
proposed structures located in the food truck park and outdoor entertainment venue, as
shown on Exhibit D. Future redevelopment of the venue site shall be in full compliance
CURRENT EXHIBIT
Page 173
Item 11.DRAFT
with all Zoning Ordinance requirements. The two future retail buildings shown on Exhibit
D shall fully comply with Zoning Ordinance requirements at the time of development.
2.Landscaping – Requirements of Chapter 4, Section 2 shall not apply to the proposed food
truck park and outdoor entertainment venue in accordance with Exhibit D. Future
redevelopment of the venue site shall be in full compliance with all Zoning Ordinance
requirements. The two future retail buildings shown on Exhibit D shall fully comply with
Zoning Ordinance requirements at the time of development.
3.Parking and Paving – The number of required off-street parking spaces shall be provided
in accordance with the parking shown on Exhibit D. The use of flex base material for the
parking and drive aisles associated with the food truck park and outdoor entertainment
venue shall be permitted. Future redevelopment of the venue site shall be in full
compliance with all Zoning Ordinance requirements. Parking and drive aisles associated
with the two future retail buildings shown on Exhibit D shall fully comply with the Town’s
Zoning Ordinance, as it exists or may be amended, and the Town’s Design Standards and
Specifications, as it exists or may be amended, at the time of development.
C.Proposed Site Improvements
The following site improvements shall be permitted as follows.
1.Beverage Center
The main structure on the site will be a 30 foot by 50 foot, 1,500 square foot, metal frame
building with metal siding and a metal roof on a concrete slab. The building will have two
ten-foot wide roll up doors along one side and one entry door on the end of the building. The
structure will contain a business office, restrooms, a bar, and seating.
CURRENT EXHIBIT
Page 174
Item 11.DRAFT
2.Patio Extension
A covered patio will be constructed along the length of the 50-foot Beverage Center building
and extend outward approximately 20 feet, as shown below. The materials and means of
construction of the patio cover shall comply with Town’s Building Codes. The ground surface
below patio cover will consist of decomposed granite.
3.Live Music Stage
A stage associated with the food truck park and outdoor entertainment venue may be
constructed on the site and will be approximately 20 feet by 20 feet in area and constructed
with a wooden frame and corrugated metal sides and roof as shown below.
CURRENT EXHIBIT
Page 175
Item 11.DRAFT
4.Site Fencing
Site fencing associated with the food truck park and outdoor entertainment venue shall consist
of tubular steel fencing along the south side of Silo Park, and horizontal board fencing and/or
tubular steel fencing along the east, west, and north sides of Silo Park, as shown below.
5.Shade Structures
Shade structures associated with the food truck park and outdoor entertainment venue may be
constructed on an as-needed basis. These structures, as shown below, will be approximately
12 feet by 12 feet in area as shown below.
CURRENT EXHIBIT
Page 176
Item 11.DRAFT
6. Venue Lighting
Venue site lighting will consist mostly of string lighting extending across the site. Examples
of the method of lighting are shown below. Lighting will be subject to Chapter 4, Section 6 of
the Town’s Zoning Ordinance, as it exists or may be amended.
CURRENT EXHIBIT
Page 177
Item 11.DRAFT
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656656
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8
658 CROCKETT STREETNO SURFACE30' R.O.W.VOL. 116, PG. 162P.R.C.C.T.CIRS
1/2" IRF
1/2" IRF
1/2" IRF
TBM #1
MAG NAIL SET
Z= 654.99'
TBM #2
MAG NAIL SET
Z= 657.70'
TBM #3
MAG NAIL SET
Z= 654.44'
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656656
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658 CROCKETT STREETNO SURFACE30' R.O.W.VOL. 116, PG. 162P.R.C.C.T.CIRS
1/2" IRF
1/2" IRF
1/2" IRF
TBM #1
MAG NAIL SET
Z= 654.99'
TBM #2
MAG NAIL SET
Z= 657.70'
TBM #3
MAG NAIL SET
Z= 654.44'
PROSPER CO-OP GIN
ASSOCIATION VOL. 853,
PG. 336 D.R.C.C.T.
2.45 ACRES
(106,897 SF)
EXISTING ZONING: DOWNTOWN RETAIL
PROPOSED ZONING: PD±18.2'21'±23.1'±23.4'±21.2'
±20.3'
30'
R.O.W.
MITCHELL'S ADDITION
VOL. 107, PG. 588
D.R.C.C.T.
PART OF BLOCK 1
WATCH MANAGEMENT LLP
CC#20071114001544900
O.P.R.C.T.
COLLIN COUNTY SCHOOL
LAND #12
VOL. 108, PG. 430
D.R.C.C.T.
BLOCK 7, TRACT 89
RAY & SHARON LOVELESS
CC#2000-0128544
D.R.C.C.T.
BRYANTS #01 ADDITION
VOL. 116, PG. 162
D.R.C.C.T.
LOTS 1-4, BLOCK 1
EVANGELINA G. SANMINGUEL
CC#20080218000188910
O.P.R.C.T.
BRYANTS #01 ADDITION
VOL. 116, PG. 162
D.R.C.C.T.
LOTS 21-23, BLOCK 1
DAN CHRISTIE
CC#2003-0215743
O.P.R.C.T.
BRYANTS #01 ADDITION
VOL. 116, PG. 162
D.R.C.C.T.
LOTS 1 & 2, BLOCK 3
BILL REYNOLDS
VOL. 1906, PG. 153
D.P.R.C.T.
LOT 2
MATTHEW S. SAVOY
CC#97-0012003
D.R.C.C.T.
LOT 1
MATTHEW S. SAVOY
CC#97-0012003
D.R.C.C.T.
PRECISION ADDITION
CAB. 1, SLIDE 132
D.R.C.C.T.
RAILROAD PROSPER ADDITION
VOL. 108, PG. 540
D.R.C.C.T.
BLOCKS 28 & 29
ASSOCIATED GRAIN PRODUCERS, L.L.C.
CC#2000-0043786
D.P.R.C.T.
LOT 1A, BLOCK 27
SARAH NELL MORRIS TEMPLIN
VOL. 5132, PG. 4351
D.R.C.C.T.
RAILROAD PROSPER ADDITION
VOL. 108, PG. 540
D.R.C.C.T.
LOT 1F, BLOCK 27
TRACT 1
BRANDON & JAN VAN VOLKENBURGH
CC#20060118000072230
O.P.R.C.C.T.
LOT 1C, BLOCK 27
SARAH NELL MORRIS TEMPLIN
CC#2006011800072230
O.P.R.C.C.T.
LAND USE: VACANT
ZONING: DOWNTOWN COMMERCIAL
LAND USE: SINGLE FAMILY RESIDENTIAL
ZONING: DOWNTOWN OFFICE
LAND USE: SINGLE FAMILY RESIDENTIAL
ZONING: SINGLE FAMILY
LAND USE: VACANT
ZONING: COMMERCIAL
LAND USE: ENTOURAGE MOTORS
ZONING: DOWNTOWN RETAIL
LAND USE: WAREHOUSE
ZONING: DOWNTOWN COMMERCIAL
LAND USE: STORAGE SILO
ZONING: DOWNTOWN COMMERCIAL
LAND USE: WAREHOUSE
ZONING: DOWNTOWN COMMERCIAL
LAND USE: AUTO REPAIR
ZONING: DOWNTOWN COMMERCIAL
LAND USE: DESIGNER ROOFING
ZONING: DOWNTOWN COMMERCIAL
LAND USE: DESIGNER ROOFING
ZONING: DOWNTOWN COMMERCIAL
100'R.O.W.50'
R.O.W.50'R.O.W.N78°36'
5
3
"
W
375.19'N11°25'47"E299.85'S82°35'57"E
311.49'S0°05'18"W327.85'±373' TO S. MAIN ST.
±371' TO S. MAIN ST.±1024.3' TO W. FIRST ST.30'
50'20'
PROP.
BAR
1,500 SF
PATIO
1,000 SF 20'20'
STAGE
50'25'FUTURE
RETAIL
11,250 SF
COVERED
PATIO
1,005 SF
FUTURE
RETAIL
9,375 SF75'75'125'
150'
KID
AREA
FOOD
TRUCK
PARKING
18'
18'25'276.7'
±406.8' TO S. MAIN ST.
OPEN SPACE
OPEN SPACE5' R.O.W.DEDICATION5' R.O.
W
.
DEDICA
T
I
O
N
20' R.O.W.DEDICATION18'24'9'
TYP.
24'R15'
R15'
R
1
5
'
R15'
R30'
R
3
0
'R15'R15'R15'R15'18'14'13'
15'
DUMPSTER ENCLOSURE TO BE
SCREENED BY WOOD FENCE
30'
18'
24'
18'9'TYP.135.8'175.4'171.45'
191.4'DATENo.REVISIONBYDATE:
SHEET
File No. 2017-102
8/23/2017
CHECKED:
JEV
DRAWN:JEV
DESIGN:SILO PARKPROSPER CO-OP GIN ASSOCIATIONVOL. 853, PG. 336D.R.C.C.T.PROSPER, TEXAS1903 CENTRAL DRIVE, SUITE #406PHONE: 817.281.0572BEDFORD, TX 76021 WWW.CLAYMOOREENG.COMTEXAS REGISTRATION #14199
MAM
PRELIMINARY
CLAYMOORE ENGINEERING
EXHIBIT DEXH-D
COUNTY SURVEY:ABSTRACT NO.
COLLIN COLLIN COUNTY SCHOOL LAND
SURVEY 147
CITY:STATE:
TOWN OF PROSPER TEXAS
LEGAL DESCRIPTION:
DEVELOPER:
APPLICANT:
CLAYMOORE ENGINEERING, INC.
1903 CENTRAL DRIVE, SUITE #406
BEDFORD, TX 76021
PH: 817.281.0572
SURVEYOR:
EAGLE SURVEYING, LLC
210 SOUTH ELM STREET
DENTON, TX 76201
PH: 940.222.3009
SILO PARK LLC
1061 N. COLEMAN, SUITE 90
PROSPER, TEXAS 750578
PH: 214.725.1104
PROSPER CO-OP GIN ASSOCIATION
VOL. 853, PG. 336
D.R.C.C.T.
CONTACT NAME: DOUG WALKER
CONTACT NAME: MATT MOORE
CONTACT NAME: LARRY SPRADLING
EXHIBIT D
CASE #: 217-0009
0
GRAPHIC SCALE
1 inch = ft.
30 30 60
30
15
ACCORDING TO MAP NO. 48085C0235J, DATED JUNE 2, 2009 OF THE NATIONAL
FLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF COLLIN
COUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERAL
INSURANCE ADMINISTRATION, THIS PROPERTY IS WITHIN ZONE "X"
(UNSHADED) AND IS NOT WITHIN A SPECIAL FLOOD HAZARD AREA.
BENCHMARK NOTES:
1. THE BEARINGS SHOWN ON THIS SURVEY WERE
DERIVED FROM WESTERN DATA SYSTEMS RTK
NETWORK AND ARE REFERENCED TO THE TEXAS
COORDINATE SYSTEM OF 1983, NORTH CENTRAL
ZONE (4202) AND ARE BASED O THE AMERICAN
DATUM OF 1983, 2011 ADJUSTMENT
2. ELEVATIONS ARE BASED ON NAVD88,
REFERENCED TO NAD83, 2011 ADJUSTMENT AND
WERE DERIVED FROM WESTERN DATA SYSTEMS
RTK NETWORK
*NO 100-YEAR FLOODPLAIN EXISTS ON THE SITE*
N.T.S.
VICINITY MAP
SITE
E 1ST ST N PRESTON RDE BROADWAY ST
S COLEMAN STS CRAIG RDMCKINLEY STE PROSPER TRAIL
LEGEND
PROPOSED FLEXBASE
PROPOSED DECOMPOSED
GRANITE
FUTURE DEVELOPMENT
1. ALL IMPROVEMENTS IN PUBLIC RIGHT-OF-WAY SHALL MEET TOWN STANDARD AND
INSTALLED TO ULTIMATE CONFIGURATIONS. (ALL IMPROVEMENTS SHALL BE CONCRETE)
2. NO PERMANENT IMPROVEMENTS (I.E. ON-STREET PARKING) SHALL BE ALLOWED ON
BROADWAY, MCKINLEY OR 5TH ST UNTIL TOWN CAPITAL PROJECT IS COMPLETE. ALL ARE
PROJECTED TO BE IMPROVED IN NEAR FUTURE.
3. FUTURE RETAIL SHOWN FOR CONCEPTUAL PURPOSES. AT TIME OF DEVELOPMENT OTHER
THAN FOOD TRUCK COURT, ALL ONSITE IMPROVEMENTS WILL NEED TO BE INSTALLED TO
CURRENT TOWN STANDARDS. REVIEW AND APPROVAL SHALL BE DONE WITH ASSOCIATED
SITE PLANS.
NOTES:
C:\Egnyte\Shared\Projects\2017-134 Broadway Food Truck Park\CADD\EXHIBIT\EXHIBIT-D.dwg, 8/22/2017 4:44:05 PM, DWG To PDF.pc3
CURRENT EXHIBIT
Page 178
Item 11.DRAFT
Z17-0009
EXHIBIT E
DEVELOPMENT SCHEDULE
Upon approval of the planned development zoning and site plan, it is anticipated that
construction will begin in January 2018 with the park to be open for business in April 2018.
CURRENT EXHIBIT
Page 179
Item 11.DRAFT
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658
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1/2" IRF
TBM #1
MAG NAIL SET
Z= 654.99'
TBM #2
MAG NAIL SET
Z= 657.70'
TBM #3
MAG NAIL SET
Z= 654.44'
SSMH-RIM= 658.5'
FL-8"PVC=650.7' (SE)
FL-8"PVC=650.6' (S)
SSMH-RIM= 658.2'
FL-8"PVC=650.3' (N)
FL-8"PVC=650.2' (E)
FL-8"PVC=650.0' (W)
SSMH-RIM= 654.7'
(FLOODED)
SSMH-RIM= 659.3'
FL-2"PVC=656.7' (S)
FL-4"PVC=655.3' (N)
FL-4"PVC=653.3' (NW)
FL-6"CLAY=653.1' (E)
SSMH-RIM= 658.5'
FL-8"PVC=651.3' (N)
FL-8"PVC=650.4' (S)
FL-8"PVC=650.3' (W)
SSMH-RIM= 655.4'
FL-12"PVC=644.1' (S)
FL-12"PVC=644.0' (N)TBM #1
MAG NAIL SET
Z= 654.99'
TBM #2
MAG NAIL SET
Z= 657.70'
TBM #3
MAG NAIL SET
Z= 654.44'50.0'50.0'26.5'
33.5'32.0'30.5'S 74°
1
9
'
0
2
"
E
3
,
4
8
1
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TO N
W
C
O
R
N
E
R
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E. BR
A
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S
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,
A
B
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N
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.
8
6
N 78°36
'
5
3
"
W
3
4
6
.
1
8
'S 00°05'18" W 287.41'N 11°25'47" E 254.05'S 82°35'57"
E
2
9
2
.
0
5
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L1L2L3
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4
L5N 78°36'
5
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3
1
6
.
1
7
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5
8
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MCKINLEY STREET(EXISTING STREET)ASPHALT SURFACEW BRO
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A
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(EXISTI
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65
5
654655656657658654655656657658654655655655
656656
6
5
8
658
CIRS
1/2" IRF
TBM #1
MAG NAIL SET
Z= 654.99'
TBM #2
MAG NAIL SET
Z= 657.70'
TBM #3
MAG NAIL SET
Z= 654.44'
SSMH-RIM= 658.5'
FL-8"PVC=650.7' (SE)
FL-8"PVC=650.6' (S)
SSMH-RIM= 658.2'
FL-8"PVC=650.3' (N)
FL-8"PVC=650.2' (E)
FL-8"PVC=650.0' (W)
SSMH-RIM= 654.7'
(FLOODED)
SSMH-RIM= 659.3'
FL-2"PVC=656.7' (S)
FL-4"PVC=655.3' (N)
FL-4"PVC=653.3' (NW)
FL-6"CLAY=653.1' (E)
SSMH-RIM= 658.5'
FL-8"PVC=651.3' (N)
FL-8"PVC=650.4' (S)
FL-8"PVC=650.3' (W)
SSMH-RIM= 655.4'
FL-12"PVC=644.1' (S)
FL-12"PVC=644.0' (N)TBM #1
MAG NAIL SET
Z= 654.99'
TBM #2
MAG NAIL SET
Z= 657.70'
TBM #3
MAG NAIL SET
Z= 654.44'50.0'50.0'26.5'
33.5'32.0'30.5'S 74°
1
9
'
0
2
"
E
3
,
4
8
1
'
TO N
W
C
O
R
N
E
R
O
F
T
H
E
E. BR
A
D
L
E
Y
S
U
R
V
E
Y
,
A
B
S
T
R
A
C
T
N
O
.
8
6
N 78°36
'
5
3
"
W
3
4
6
.
1
8
'S 00°05'18" W 287.41'N 11°25'47" E 254.05'S 82°35'57"
E
2
9
2
.
0
5
'
L1L2L3
L
4
L5N 78°36'
5
3
"
W
3
1
6
.
1
7
'151.58'135.83'154.34'99.71'6
5
8±18.2'21'±23.4'±21.2'
±20.3'
30'
R.O.W.
MITCHELL'S ADDITION
VOL. 107, PG. 588
D.R.C.C.T.
PART OF BLOCK 1
WATCH MANAGEMENT LLP
CC#20071114001544900
O.P.R.C.T.
COLLIN COUNTY SCHOOL
LAND #12
VOL. 108, PG. 430
D.R.C.C.T.
BLOCK 7, TRACT 89
RAY & SHARON LOVELESS
CC#2000-0128544
D.R.C.C.T.
BRYANTS #01 ADDITION
VOL. 116, PG. 162
D.R.C.C.T.
LOTS 1-4, BLOCK 1
EVANGELINA G. SANMINGUEL
CC#20080218000188910
O.P.R.C.T.
BRYANTS #01 ADDITION
VOL. 116, PG. 162
D.R.C.C.T.
LOTS 21-23, BLOCK 1
DAN CHRISTIE
CC#2003-0215743
O.P.R.C.T.
BRYANTS #01 ADDITION
VOL. 116, PG. 162
D.R.C.C.T.
LOTS 1 & 2, BLOCK 3
BILL REYNOLDS
VOL. 1906, PG. 153
D.P.R.C.T.
LOT 2
MATTHEW S. SAVOY
CC#97-0012003
D.R.C.C.T.
LOT 1
MATTHEW S. SAVOY
CC#97-0012003
D.R.C.C.T.
PRECISION ADDITION
CAB. 1, SLIDE 132
D.R.C.C.T.
RAILROAD PROSPER ADDITION
VOL. 108, PG. 540
D.R.C.C.T.
BLOCKS 28 & 29
ASSOCIATED GRAIN PRODUCERS, L.L.C.
CC#2000-0043786
D.P.R.C.T.
LOT 1A, BLOCK 27
SARAH NELL MORRIS TEMPLIN
VOL. 5132, PG. 4351
D.R.C.C.T.
RAILROAD PROSPER ADDITION
VOL. 108, PG. 540
D.R.C.C.T.
LOT 1F, BLOCK 27
TRACT 1
BRANDON & JAN VAN VOLKENBURGH
CC#20060118000072230
O.P.R.C.C.T.
LOT 1C, BLOCK 27
SARAH NELL MORRIS TEMPLIN
CC#2006011800072230
O.P.R.C.C.T.
LAND USE: VACANT
ZONING: DOWNTOWN COMMERCIAL LAND USE: SINGLE FAMILY RESIDENTIAL
ZONING: DOWNTOWN OFFICE
LAND USE: SINGLE FAMILY RESIDENTIAL
ZONING: SINGLE FAMILY
LAND USE: VACANT
ZONING: COMMERCIAL
LAND USE: ENTOURAGE MOTORS
ZONING: DOWNTOWN RETAIL
LAND USE: WAREHOUSE
ZONING: DOWNTOWN COMMERCIAL
LAND USE: STORAGE SILO
ZONING: DOWNTOWN COMMERCIAL
LAND USE: WAREHOUSE
ZONING: DOWNTOWN COMMERCIAL
LAND USE: AUTO REPAIR
ZONING: DOWNTOWN COMMERCIAL
LAND USE: DESIGNER ROOFING
ZONING: DOWNTOWN COMMERCIAL
LAND USE: DESIGNER ROOFING
ZONING: DOWNTOWN COMMERCIAL 50.9'R.O.W.±373' TO S. MAIN ST.
±371' TO S. MAIN ST.±1024.3' TO W. FIRST ST.±409.50' TO S. MAIN ST.
25'
BUILDI
N
G
LINE 25'BUILDINGLINEEX. FENCE
136.59'24'174.77'S
EX. DRIVEWAYEDGE OF EX. PAVEMENT
EDGE OF EX. PAVEMENT
LOTS 1
R
&
2
,
B
L
O
C
K
A
SILO P
A
R
K
A
D
D
I
T
I
O
N
DOCU
M
E
N
T
N
o
.
2
0
1
8
-
6
6
7
P.R.C.C
.
T
.
L O T 1 R
1.05 ACRES
B L O C K A
L O T 2
1.16 ACRES
EXISTING ZONING- PD-84
PROPOSED ZONING- PD-84
EXISTING ZONING- PD-84
USE: PARKING LOT
DATENo.REVISIONBYDATE:
SHEET
File No. 2017-134
CHECKED:
MBT
DRAWN:MBT
DESIGN:SILO PARKPROSPER CO-OP GIN ASSOCIATIONVOL. 853, PG. 336D.R.C.C.T.PROSPER, TEXAS1903 CENTRAL DRIVE, SUITE #406PHONE: 817.281.0572BEDFORD, TX 76021 WWW.CLAYMOOREENG.COMPLOTTED BY:LYNN ROWLANDPLOT DATE: 6/10/2020 10:02 AMLOCATION: Z:\PROJECTS\2017-134 BROADWAY FOOD TRUCK PARK\CADD\SHEETS\EXHIBIT A LOT 1.DWGLAST SAVED: 6/10/2020 8:47 AM
TEXAS REGISTRATION #14199
DD
06/09/
2
0
2
0
06/09/2020EXHIBIT AEX-A
COUNTY SURVEY:ABSTRACT NO.
COLLIN COLLIN COUNTY SCHOOL LAND
SURVEY 147
CITY:STATE:
TOWN OF PROSPER TEXAS
LEGAL DESCRIPTION:
DEVELOPER:
APPLICANT:
CLAYMOORE ENGINEERING, INC.
301 S. COLEMAN, SUITE 40
PROSPER, TX 75078
PH: 817.281.0572
SURVEYOR:
EAGLE SURVEYING, LLC
210 SOUTH ELM STREET
DENTON, TX 76201
PH: 940.222.3009
SILO PARK LLC
1061 N. COLEMAN, SUITE 90
PROSPER, TEXAS 750578
PH: 214.725.1104
LOT 1R, BLOCK A
SILO PARK ADDITION
DOCUMENT No. 2018-667
P.R.C.C.T.
SILO PARK- LOT 1R
CONTACT NAME: DOUG WALKER
CONTACT NAME: MATT MOORE
CONTACT NAME: JOHN COX
EXHIBIT A
CASE No. Z20-0011
0
GRAPHIC SCALE
1 inch = ft.
30 30 60
30
15
ACCORDING TO MAP NO. 48085C0235J, DATED JUNE 2, 2009 OF THE NATIONAL
FLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF COLLIN
COUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERAL
INSURANCE ADMINISTRATION, THIS PROPERTY IS WITHIN ZONE "X"
(UNSHADED) AND IS NOT WITHIN A SPECIAL FLOOD HAZARD AREA.
FLOODPLAIN NOTE
BENCHMARK NOTES:
1. THE BEARINGS SHOWN ON THIS SURVEY WERE
DERIVED FROM WESTERN DATA SYSTEMS RTK
NETWORK AND ARE REFERENCED TO THE TEXAS
COORDINATE SYSTEM OF 1983, NORTH CENTRAL
ZONE (4202) AND ARE BASED O THE AMERICAN
DATUM OF 1983, 2011 ADJUSTMENT
2. ELEVATIONS ARE BASED ON NAVD88,
REFERENCED TO NAD83, 2011 ADJUSTMENT AND
WERE DERIVED FROM WESTERN DATA SYSTEMS
RTK NETWORK
*NO 100-YEAR FLOODPLAIN EXISTS ON THE SITE*
N
N.T.S.
VICINITY MAP
SITE
E 1ST ST N PRESTON RDE BROADWAY ST
S COLEMAN STS CRAIG RDMCKINLEY STE PROSPER TRAIL
FEMA LOMR:
THIS SITE HAS BEEN DESIGNED PER
FEMA LOMR EFFECTIVE JANUARY 18, 2018
LINE TABLE
LINE BEARING DISTANCE
L1 S 50°44'12" W 12.68'
L2 N 33°35'33" W 14.91'
L3 N 54°24'55" E 15.72
L4 S 41°15'20" E 7.79'
L5 N 33°35'31 W 30.94'
W 5TH ST
Page 180
Item 11.DRAFT
EXHIBIT B
STATEMENT OF INTENT AND PURPOSE
Silo Park is a gathering place in the shadows of the railroad silos in the Old Town District. It
provides a wide selection of food, beverages, and entertainment in a family friendly
environment. The guests are invited to stay and socialize. With the feel of a backyard party
with dozens of your closest friends, guests can sit back, relax and enjoy a memorable social
experience.
Silo Park is a food truck park and entertainment venue situated on the southeast corner of Fifth
Street and McKinley Street in the Old Town District. The park has room for food trucks, outdoor
seating, a stage for live music and performances, a designated kid’s area, and a freestanding
beverage center with restrooms.
Page 181
Item 11.DRAFT
Z20-0011
EXHIBIT C
PLANNED DEVELOPMENT STANDARDS
Conformance with the Town’s Zoning Ordinance and Subdivision Ordinance: Except as otherwise
set forth in these Development Standards, the regulations of the Town’s Zoning Ordinance
(Ordinance No. 05-20, as it exists or may be amended, and the Subdivision Ordinance, as it
exists or may be amended, shall apply.
A. Use of Land and Buildings. The Tract shall develop in accordance with the uses permitted
in the Downtown Retail (DTR) District as indicated in the Schedule of Uses in the Town’s Zoning
Ordinance, as it exists or may be amended, except as follows:
1. Food Truck Park and Outdoor Entertainment Venue
a. Food Truck Park and Outdoor Entertainment Venue shall be a permitted use on the
subject property.
b. Following discontinuation of use, all improvements shall be removed from the property
and the property returned to pre-developed conditions within a period of time no greater
than 90 days.
c. As provided herein, two (2) 10-foot by 20-foot shipping container type structures may
be permitted on the property for use as restaurant incubators only. They may not be
used for any other purpose and must be removed within 90 days of the discontinuation
of use.
d. Alcoholic beverage sales shall be subject to all applicable Town of Prosper regulations
and TABC permitting requirement.
B. Regulations
Except as noted below, the Tract shall develop in accordance with the development standards
for the Downtown Retail (DTR) District, as it exists or may be amended.
1. Architecture – The exterior masonry façade requirements of Chapter 4, Sections 8
and 9.8 of the Town’s Zoning Ordinance, as it exists or may be amended, shall not apply
to the proposed structures located in the food truck park and outdoor entertainment
venue, as shown on Exhibit D. Future redevelopment of the venue site shall be in full
compliance with all Zoning Ordinance requirements.
2. Landscaping – Requirements of Chapter 4, Section 2 shall not apply to the proposed
food truck park and outdoor entertainment venue in accordance with Exhibit D. Future
redevelopment of the venue site shall be in full compliance with all Zoning Ordinance
requirements.
3. Parking and Paving – The number of required off-street parking spaces shall be
provided in accordance with the parking as shown on Exhibit D. The use of flex base
material for parking and drive aisles associated with the food truck park and outdoor
entertainment venue shall be permitted; however, within (3) three years from the date of
approval of the Planned Development amendment by the Town Council, an asphalt
Page 182
Item 11.DRAFT
parking lot and drive aisles associated with the food truck park and outdoor entertainment
venue shall be provided, in accordance with Exhibit D. Future redevelopment of the
venue site shall be in full compliance with all Zoning Ordinance requirements.
C. Site Improvements
The following site improvements shall be permitted as follows.
1. Beverage Center
The main structure on the site is a 30 foot by 50 foot, 1,500 square foot, metal frame
building with metal siding and a metal roof on a concrete slab. The building has two ten-
foot wide roll up doors along one side and one entry door on the end of the building. The
structure contains a business office, restrooms, a bar, and seating. A covered patio has
been constructed along the length of the Beverage Center building and extends outward
approximately 20 feet as shown below. The structure complies with the Town’s Building
Codes and the ground surface below consists of decomposed granite.
2. Restaurant Incubators
Two (2) future restaurant incubators are proposed in addition to the permitted food trucks.
The incubators would be located in two (2) 10-foot by 20-foot shipping container type
structures, as shown on Exhibit D. These incubators will be connected to the Town’s water
and sanitary sewer facilities in order to comply with the appropriate health and safety codes.
Examples of the proposed restaurant incubators are shown below.
Page 183
Item 11.DRAFT
3. Live Music Stage
A stage associated with the food truck park and outdoor entertainment venue may be
constructed on the site and will be approximately 20 feet by 20 feet in area and constructed
with a wooden frame and corrugated metal sides and roof as shown below.
4. Site Fencing
Site fencing consists of horizontal board fencing with metal posts along all sides of the
venue. Pedestrian and vehicular gates have been installed at various locations to provide
controlled access.
5. Shade Structures
Shade structures associated with the food truck park and outdoor entertainment venue may
be constructed on an as-needed basis. These structures, as shown below, will be
approximately 12 feet by 12 feet in area, as shown below.
Page 184
Item 11.DRAFT
6. Venue Lighting
Venue site lighting consists mostly of string lighting extending across the site. Examples of
the method of lighting are shown below. Lighting is subject to Chapter 4, Section 6 of the
Town’s Zoning Ordinance, as it exists or may be amended.
Page 185
Item 11.DRAFT
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WEST FIFT
H
S
T
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T
(EXISTING
S
T
R
E
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T
)
ASPHALT S
U
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F
A
C
E
MCKINLEY STREET(EXISTING STREET)ASPHALT SURFACEW BRO
A
D
W
A
Y
S
T
R
E
E
T
(EXISTI
N
G
S
T
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)
CONCR
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A
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P
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SURFA
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55
6
5
6
65
5
654655656657658654655656657658654655655655
656656
6
5
8
658
CIRS
1/2" IRF
TBM #1
MAG NAIL SET
Z= 654.99'
TBM #2
MAG NAIL SET
Z= 657.70'
TBM #3
MAG NAIL SET
Z= 654.44'
SSMH-RIM= 658.5'
FL-8"PVC=650.7' (SE)
FL-8"PVC=650.6' (S)
SSMH-RIM= 658.2'
FL-8"PVC=650.3' (N)
FL-8"PVC=650.2' (E)
FL-8"PVC=650.0' (W)
SSMH-RIM= 654.7'
(FLOODED)
SSMH-RIM= 659.3'
FL-2"PVC=656.7' (S)
FL-4"PVC=655.3' (N)
FL-4"PVC=653.3' (NW)
FL-6"CLAY=653.1' (E)
SSMH-RIM= 658.5'
FL-8"PVC=651.3' (N)
FL-8"PVC=650.4' (S)
FL-8"PVC=650.3' (W)
SSMH-RIM= 655.4'
FL-12"PVC=644.1' (S)
FL-12"PVC=644.0' (N)TBM #1
MAG NAIL SET
Z= 654.99'
TBM #2
MAG NAIL SET
Z= 657.70'
TBM #3
MAG NAIL SET
Z= 654.44'50.0'50.0'26.5'
33.5'32.0'30.5'S 74°
1
9
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0
2
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E
3
,
4
8
1
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TO N
W
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5
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/////////////////////////////////////////////////////////////////////////////////
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////////////////////////////////////////////////////////////
WEST FIFT
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(EXISTING
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T
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)
ASPHALT S
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MCKINLEY STREET(EXISTING STREET)ASPHALT SURFACEW BRO
A
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W
A
Y
S
T
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E
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(EXISTI
N
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S
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55
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5
654655656657658654655656657658654655655655
656656
6
5
8
658
CIRS
1/2" IRF
TBM #1
MAG NAIL SET
Z= 654.99'
TBM #2
MAG NAIL SET
Z= 657.70'
TBM #3
MAG NAIL SET
Z= 654.44'
SSMH-RIM= 658.5'
FL-8"PVC=650.7' (SE)
FL-8"PVC=650.6' (S)
SSMH-RIM= 658.2'
FL-8"PVC=650.3' (N)
FL-8"PVC=650.2' (E)
FL-8"PVC=650.0' (W)
SSMH-RIM= 654.7'
(FLOODED)
SSMH-RIM= 659.3'
FL-2"PVC=656.7' (S)
FL-4"PVC=655.3' (N)
FL-4"PVC=653.3' (NW)
FL-6"CLAY=653.1' (E)
SSMH-RIM= 658.5'
FL-8"PVC=651.3' (N)
FL-8"PVC=650.4' (S)
FL-8"PVC=650.3' (W)
SSMH-RIM= 655.4'
FL-12"PVC=644.1' (S)
FL-12"PVC=644.0' (N)TBM #1
MAG NAIL SET
Z= 654.99'
TBM #2
MAG NAIL SET
Z= 657.70'
TBM #3
MAG NAIL SET
Z= 654.44'50.0'50.0'26.5'
33.5'32.0'30.5'S 74°
1
9
'
0
2
"
E
3
,
4
8
1
'
TO N
W
C
O
R
N
E
R
O
F
T
H
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151.58'135.83'154.34'99.71'6
5
8
21'
30'
R.O.W.
MITCHELL'S ADDITION
VOL. 107, PG. 588
D.R.C.C.T.
PART OF BLOCK 1
WATCH MANAGEMENT LLP
CC#20071114001544900
O.P.R.C.T.
COLLIN COUNTY SCHOOL
LAND #12
VOL. 108, PG. 430
D.R.C.C.T.
BLOCK 7, TRACT 89
RAY & SHARON LOVELESS
CC#2000-0128544
D.R.C.C.T.
BRYANTS #01 ADDITION
VOL. 116, PG. 162
D.R.C.C.T.
LOTS 1-4, BLOCK 1
EVANGELINA G. SANMINGUEL
CC#20080218000188910
O.P.R.C.T.
BRYANTS #01 ADDITION
VOL. 116, PG. 162
D.R.C.C.T.
LOTS 21-23, BLOCK 1
DAN CHRISTIE
CC#2003-0215743
O.P.R.C.T.
BRYANTS #01 ADDITION
VOL. 116, PG. 162
D.R.C.C.T.
LOTS 1 & 2, BLOCK 3
BILL REYNOLDS
VOL. 1906, PG. 153
D.P.R.C.T.
LOT 2
MATTHEW S. SAVOY
CC#97-0012003
D.R.C.C.T.
LOT 1
MATTHEW S. SAVOY
CC#97-0012003
D.R.C.C.T.
PRECISION ADDITION
CAB. 1, SLIDE 132
D.R.C.C.T.
RAILROAD PROSPER ADDITION
VOL. 108, PG. 540
D.R.C.C.T.
BLOCKS 28 & 29
ASSOCIATED GRAIN PRODUCERS, L.L.C.
CC#2000-0043786
D.P.R.C.T.
LOT 1A, BLOCK 27
SARAH NELL MORRIS TEMPLIN
VOL. 5132, PG. 4351
D.R.C.C.T.
RAILROAD PROSPER ADDITION
VOL. 108, PG. 540
D.R.C.C.T.
LOT 1F, BLOCK 27
TRACT 1
BRANDON & JAN VAN VOLKENBURGH
CC#20060118000072230
O.P.R.C.C.T.
LOT 1C, BLOCK 27
SARAH NELL MORRIS TEMPLIN
CC#2006011800072230
O.P.R.C.C.T.
LAND USE: VACANT
ZONING: DOWNTOWN COMMERCIAL LAND USE: SINGLE FAMILY RESIDENTIAL
ZONING: DOWNTOWN OFFICE
LAND USE: SINGLE FAMILY RESIDENTIAL
ZONING: SINGLE FAMILY
LAND USE: VACANT
ZONING: COMMERCIAL
LAND USE: ENTOURAGE MOTORS
ZONING: DOWNTOWN RETAIL
LAND USE: WAREHOUSE
ZONING: DOWNTOWN COMMERCIAL
LAND USE: STORAGE SILO
ZONING: DOWNTOWN COMMERCIAL
LAND USE: WAREHOUSE
ZONING: DOWNTOWN COMMERCIAL
LAND USE: AUTO REPAIR
ZONING: DOWNTOWN COMMERCIAL
LAND USE: DESIGNER ROOFING
ZONING: DOWNTOWN COMMERCIAL
LAND USE: DESIGNER ROOFING
ZONING: DOWNTOWN COMMERCIAL 50.9'R.O.W.
7260$,167
7260$,167
72:),56767176'
7260$,167
25'
BUILDI
N
G
LINE 25'BUILDINGLINEOPEN SPACE
25.4'25.2'49'PROP. FENCE
EX. FENCE
EX. FENCE
136.59'24'174.77'SEX. 1" DOMESTIC METER
EX. 6" SEWER LINE
R15'
14'
EX. BLDG
1,500 SF
EX. PATIO
1,000 SF
FOODTRUCKPARKINGSEX. DRIVEWAY50.73'43.12'223.34'
EX. FENCE AND GATE30'20'
50'
PROP. FENCE
PROP. FENCE
2
9
9
15
FUTURE RESTAURANT
INCUBATORS
THESE PARKING LINES ARE
SHOWN FOR CLARITY ONLY AND
TO SHOW THE NUMBER OF
PARKINGS PROVIDED. THERE ARE
NO PARKING LINES ON FLEX BASE
SURFACE.
EDGE OF EX. PAVEMENT
EDGE OF EX. PAVEMENT
PROP. FENCE
RELOCATE PART OF THE EX.
FENCE INSIDE THE PROPERTY
LOTS 1
R
&
2
,
B
L
O
C
K
A
SILO P
A
R
K
A
D
D
I
T
I
O
N
DOCU
M
E
N
T
N
o
.
2
0
1
8
-
6
6
7
P.R.C.C
.
T
.
L O T 1 R
1.05 ACRES
B L O C K A
L O T 2
1.16 ACRES
HANDICAP SIGN
NO PARKING SIGN
7
14' PROP. ACCESS EASEMENTR20'
R15'R2
0
'
24'
78.51'
24'
OFF-SITE PARKING
SEE NOTE
PROP. FENCE
DATENo.REVISIONBYDATE:
SHEET
File No. 2017-134
CHECKED:
MBT
DRAWN:MBT
DESIGN:SILO PARKPROSPER CO-OP GIN ASSOCIATIONVOL. 853, PG. 336D.R.C.C.T.PROSPER, TEXAS1903 CENTRAL DRIVE, SUITE #406PHONE: 817.281.0572BEDFORD, TX 76021 WWW.CLAYMOOREENG.COMPLOTTED BY:DENG TORRESPLOT DATE: 5/6/2020 4:41 PMLOCATION: Z:\PROJECTS\2017-134 BROADWAY FOOD TRUCK PARK\CADD\SHEETS\SP-1 SITE PLAN-NEW.DWGLAST SAVED: 5/6/2020 4:39 PM
TEXAS REGISTRATION #14199
DD
5/6/20
2
0
5/6/2020SITE PLAN380 W. BROADWAY ST.SP-1
COUNTY SURVEY:ABSTRACT NO.
COLLIN COLLIN COUNTY SCHOOL LAND
SURVEY 147
CITY:STATE:
TOWN OF PROSPER TEXAS
LEGAL DESCRIPTION:
DEVELOPER:
APPLICANT:
CLAYMOORE ENGINEERING, INC.
301 S. COLEMAN, SUITE 40
PROSPER, TX 75078
PH: 817.281.0572
SURVEYOR:
EAGLE SURVEYING, LLC
210 SOUTH ELM STREET
DENTON, TX 76201
PH: 940.222.3009
SILO PARK LLC
1061 N. COLEMAN, SUITE 90
PROSPER, TEXAS 750578
PH: 214.725.1104
LOTS 1R & 2, BLOCK A
SILO PARK ADDITION
DOCUMENT No. 2018-667
P.R.C.C.T.
SILO PARK
CONTACT NAME: DOUG WALKER
CONTACT NAME: MATT MOORE
CONTACT NAME: JOHN COX
EXHIBIT D
CASE No. Z20-0011
0
GRAPHIC SCALE
1 inch = ft.
30 30 60
30
15
ACCORDING TO MAP NO. 48085C0235J, DATED JUNE 2, 2009 OF THE NATIONAL
FLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF COLLIN
COUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERAL
INSURANCE ADMINISTRATION, THIS PROPERTY IS WITHIN ZONE "X"
(UNSHADED) AND IS NOT WITHIN A SPECIAL FLOOD HAZARD AREA.
FLOODPLAIN NOTE
BENCHMARK NOTES:
1. THE BEARINGS SHOWN ON THIS SURVEY WERE
DERIVED FROM WESTERN DATA SYSTEMS RTK
NETWORK AND ARE REFERENCED TO THE TEXAS
COORDINATE SYSTEM OF 1983, NORTH CENTRAL
ZONE (4202) AND ARE BASED O THE AMERICAN
DATUM OF 1983, 2011 ADJUSTMENT
2. ELEVATIONS ARE BASED ON NAVD88,
REFERENCED TO NAD83, 2011 ADJUSTMENT AND
WERE DERIVED FROM WESTERN DATA SYSTEMS
RTK NETWORK
*NO 100-YEAR FLOODPLAIN EXISTS ON THE SITE*
N
N.T.S.
VICINITY MAP
SITE
E 1ST ST N PRESTON RDE BROADWAY ST
S COLEMAN STS CRAIG RDMCKINLEY STE PROSPER TRAIL
LEGEND
PROPOSED FLEXBASE
PROPOSED DECOMPOSED
GRANITE
TOWN OF PROSPER SITE PLAN GENERAL NOTES:
1. DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE
WITH THE ZONING ORDINANCE.
2. OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH
THE ZONING ORDINANCE.
3. OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS
CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE.
4. LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN.
5. ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE
ZONING ORDINANCE.
6. BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED.
ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE
DEPARTMENT.
7. FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR
AS DIRECTED BY THE FIRE DEPARTMENT.
8. TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL
TIMES.
9. SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE.
10. HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM
TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS
OF THE CURRENT, ADOPTED BUILDING CODE.
11. ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL.
12. ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND
ARE SUBJECT TO BUILDING OFFICIAL APPROVAL.
13. ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL
$33529$/$1'6+$//&21)250727+($33529(')$d$'(3/$1
14.6,'(:$/.62)127/(667+$16,; ¶ )((7,1:,'7+$/21*7+2528*+)$5(6
$1'&2//(&7256$1'),9( ¶ ,1:,'7+$/21*5(6,'(17,$/675((76$1'
BARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN
STANDARDS.
15. APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE
APPROVED BY THE ENGINEERING DEPARTMENT.
16. SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE.
17. ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED
UNDERGROUND.
18. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN
ACCORDANCE WITH THE ZONING ORDINANCE.
19. IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE
CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER,
CHANGES TO THE PROPOSED LAND USE AT THE TIME CO AND/OR FINISH-OUT
PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING
REQUIREMENTS.
20. ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED.
FEMA LOMR:
THIS SITE HAS BEEN DESIGNED PER
FEMA LOMR EFFECTIVE JANUARY 18, 2018
LINE TABLE
LINE BEARING DISTANCE
L1 6
:12.68'
L2 1
:14.91'
L3 1
(15.72
L4 6
(7.79'
L5 1
:30.94'
W 5TH ST
NOTE:
OFF-SITE PARKING SHOWN FOR INFORMATIONAL
PURPOSE ONLY. THESE PARKING ARE SUBJECT TO
A PARKING AGREEMENT.
Page 186
Item 11.DRAFT
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2020-___
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
PROSPER’S ZONING ORDINANCE NO. 05-20 AND REPEALING
ORDINANCE NO. 17-84; REZONING A TRACT OF LAND CONSISTING OF
1.05 ACRES, MORE OR LESS; SITUATED IN THE COLLIN COUNTY
SCHOOL LAND SURVEY, ABSTRACT NO. 147, IN THE TOWN OF
PROSPER, COLLIN COUNTY, TEXAS, IS HEREBY REZONED AND PLACED
IN THE ZONING CLASSIFICATION OF PLANNED DEVELOPMENT-84 (PD-
84); DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A
PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR
REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has
investigated and determined that the Zoning Ordinance should be amended; and
WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request (Case Z20-
0011) from ALDC Properties, LLC (“Applicant”), to rezone 1.05 acres of land, more or less, in
the Collin County School Land Survey, Abstract No. 147, in the Town of Prosper, Collin County,
Texas, from Planned Development-84 (PD-84), to Planned Development-84 (PD-84) and being
more particularly described in Exhibit “A,” attached hereto and incorporated herein for all
purposes; and
WHEREAS, the Town Council has investigated and determined that the facts contained
in the request are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and
form set forth by law, Public Hearings have been held, and all other requirements of notice and
completion of such procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1
Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2
Amendment to the Town’s Zoning Ordinance. The Town’s Zoning Ordinance, adopted
by Ordinance No. 05-20 is amended as follows and Ordinance No. 17-84 is repealed in its
entirety: The zoning designation of the below described property containing 1.05 acres of land,
more or less, in the Collin County School Land Survey, Abstract No. 147, in the Town of
Prosper, Collin County, Texas, (the “Property”) and all streets, roads, and alleyways contiguous
Page 187
Item 11.DRAFT
Ordinance No. 2020-___, Page 2
and/or adjacent thereto is hereby zoned as Planned Development-84 (PD-84) and being more
particularly described in Exhibit “A,” attached hereto and incorporated herein for all purposes as
if set forth verbatim.
The development plans, standards, and uses for the Property in this Planned
Development District shall conform to, and comply with 1) the Statement of Intent and Purpose,
attached hereto as Exhibit B; 2) the Development Standards, attached hereto as Exhibit C; and
3) the Site Plan, attached hereto as Exhibit D, which are incorporated herein for all purposes as
if set forth verbatim.
Two (2) original, official, and identical copies of the zoning exhibit map are hereby
adopted and shall be filed and maintained as follows:
a. One (1) copy shall be filed with the Town Secretary and retained as an original
record and shall not be changed in any manner.
b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-
date by posting thereon all changes and subsequent amendments for observation,
issuing building permits, certificates of compliance and occupancy, and enforcing the
zoning ordinance. Reproduction for information purposes may from time-to-time be
made of the official zoning district map.
SECTION 3
No Vested Interest/Repeal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of
this Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4
Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to
make use of said premises in some manner other than as authorized by this Ordinance, and
shall be unlawful for any person, firm or corporation to construct on said premises any building
that is not in conformity with the permissible uses under this Zoning Ordinance.
SECTION 5
Penalty. Any person, firm, corporation or business entity violating this Ordinance or any
provision of Prosper’s Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand
Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a
separate offense. The penal provisions imposed under this Ordinance shall not preclude
Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies
available to it pursuant to local, state and federal law.
Page 188
Item 11.DRAFT
Ordinance No. 2020-___, Page 3
SECTION 6
Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. Prosper hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 7
Savings/Repealing Clause. Prosper’s Zoning Ordinance No. 05-20 shall remain in full
force and effect, save and except as amended by this or any other Ordinance. All provisions of
any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in
conflict; but such repeal shall not abate any pending prosecution for violation of the repealed
ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if
occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances
shall remain in full force and effect.
SECTION 8
Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 23RD DAY OF JUNE, 2020.
______________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 189
Item 11.DRAFT
Page 1 of 3
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – June 23, 2020
Agenda Item:
Conduct a Public Hearing, and consider and act upon a request for Sign Waivers to allow for a
Subdivision Entry Sign and additional Development Signage in Windsong Ranch. (MD20-0009)
Description of Agenda Item:
Windong Ranch is requesting Sign Waivers for two (2) types of signage within the development,
Subdivision Entry Signs (i.e. Neighborhood Signage) and Development Signs (i.e. Marketing
Monument Signage). The applicant provided a Request Letter detailing the need for each of the
requested signs, which is attached for reference. The following is an outline of the proposed
requests:
1. Subdivision Entry Signs – The Sign Ordinance requires Subdivision Entry Signs to be either
free-standing or attached to a screening wall, located at a street entrance into the subdivision
for which it is advertising. The applicant is proposing to locate a free-standing Subdivision
Entry Sign for Windsong Ranch, Phase 5A in an area that is not located at a street entrance
into the phase of the subdivision, as shown below.
Prosper is a place where everyone matters.
PLANNING
Page 190
Item 12.DRAFT
Page 2 of 3
The applicant has indicated the need for the Subdivision Entry
Sign to be located away from an entry street, is to locate the sign
closer to the model home, located on Bonner Court. The
proposed Subdivision Entry Sign will resemble the existing
Subdivision Entry Signs throughout the development, as shown
to the right. The proposed Subdivision Entry Sign meets all
remaining criteria outlined in the Sign Ordinance (i.e. size,
height, material, etc.)
2. Development Signs – The Sign Ordinance allows one (1) Development Sign per street
frontage. There is currently one (1) existing Development Sign located along Fishtrap Road,
one (1) existing Development Sign located along Teel Parkway (north of Fishtrap Road), and
one (1) existing Development Sign located at the intersection of Fishtrap Road and Teel
Parkway. The applicant is proposing one (1) additional Development Sign along Fishtrap
Road and one (1) additional Development Sign along Teel Parkway, as shown below.
The applicant indicated the need for the additional Development Signs is to
allow for marketing and wayfinding to the townhome development. The
proposed Development Signs will resemble the existing Development
Signs throughout the development, as shown to the right. The proposed
Development Signs meet all remaining criteria outlined in the Sign
Ordinance (i.e. size, height, material, spacing, etc.) In addition, the signs
shall be removed upon the completion of the Building Final Inspection for
ninety-five percent (95%) of the homes within the subdivision being
advertised.
Legal Obligations and Review:
Notification was provided to neighboring property owners as required by the Sign Ordinance. Staff
has not received any Public Hearing Notice Reply Forms.
Attached Documents:
1. Subdivision Entry Sign Location Map and Elevations
2. Development Sign Location Map and Elevations
3. Request Letter
Town Staff Recommendation:
Page 191
Item 12.DRAFT
Page 3 of 3
Staff recommends the Town Council approve the request for a Sign Waiver to allow for a
Subdivision Entry Sign and additional Development Signage in Windsong Ranch.
Proposed Motion:
I move to approve the request for a Sign Waiver to allow for a Subdivision Entry Sign and additional
Development Signage in Windsong Ranch.
Page 192
Item 12.DRAFT
Page 193
Item 12.DRAFT
landscape architects, planners & designerstbgpartners.comprojectproject numberdesigned:drawn:reviewed:sheet titlesheet2001 bryan streetdallas, tx 75201[214] 744-0757suite 1450issue dateWindsongRanchPhase 5Agrading, sitework, planting & irrigation Terra Verde GroupProsper,TxD18330March 14, 2019AH ZMAH ZMMM KH Site Work PlanLS 1.02N O R T H40'20'10'SCALE: 1"=20'0'Site Work PlanPlan1N O R T H40'20'10'SCALE: 1"=20'0'Site Work PlanPlan2MATCHLINE: REF.2/LS 1.01MATCHLINE: REF.1/LS 1.02MATCHLINE: REF.2/LS 1.02MATCHLINE: REF.1/LS 1.03
Page 194Item 12.DRAFT
landscape architects, planners & designerstbgpartners.comprojectproject numberdesigned:drawn:reviewed:sheet titlesheet2001 bryan streetdallas, tx 75201[214] 744-0757suite 1450issue dateWindsongRanchPhase 5Agrading, sitework, planting & irrigation Terra Verde GroupProsper,TxD18330October 31, 2019AH ZMAH ZMMM KH SCALE: 1/2"=1'-0"SECONDARY MONUMENTATION SIGNPLAN, ELEVATION, AND SECTION1 SECONDARYSIGNAGEDETAILSLS 3.041102/26/2020 - BLADE SIGNAGE Page 195Item 12.DRAFT
Page 196
Item 12.DRAFT
6 feet4 ft 6 feet4 ft
Page 197
Item 12.DRAFT
6 feet4 ft 6 feet4 ft
Page 198
Item 12.DRAFT
2242 Good Hope Road | Prosper, Texas 75078
(469) 532-0689 | www.tellusgroupllc.com
May 29, 2020
VIA: e-Mail
Town of Prosper
Planning Department
Attn: Alex Glushko
200 S. Main Street
Prosper, Texas 75078
alex_glushko@prospertx.gov
RE: Windsong Ranch Signage Variance Request
Neighborhood Signage (Ph 5A) / Marketing Monument Signage (Ph 2C-1 / 2C-2)
Dear Alex,
Windsong Ranch has approved landscape plans that include monument signage on the Southwest corner of
the Phase 5A Bonner Court cul-de-sac. This signage does not directly conform to the requirements of
monument signage within the Signage ordinance; therefore, we are requesting a variance in accordance
with section 1.16 Sign Requirements Relief Procedure. Outlined on the following pages and attachments,
I’ve noted the grounds for the waiver.
In addition to this request, we are also requesting a variance in relation to our marketing monument signage.
With our latest townhome phase addition, we would like to provide more visible directional signage to
guide homebuyers to the new townhome model locations for Grenadier Homes. We have outlined on the
following pages and provided attachments showing maps and signage renderings of our existing marketing
signage and proposed signage locations to accommodate this need. The addition of this Grenadier-specific
signage would be put in place following all Town signage ordinances, and will be removed once the phases
has reach 95% buildout.
Please let me know if you have any questions regarding this request, or if you need us to provide any
additional exhibits for presentation to P&Z and Town Council. Thank you for your consideration in this
matter.
Sincerely,
David R. Blom
Partner / Vice President
Tellus Group LLC
dblom@tellusgroupllc.com
Enclosures / Addendum
CC (via e-Mail): Justin Craig | Jackie Kiefer | Tina Sauseda | Evelyn Mendez
Page 199
Item 12.DRAFT
Pg. 2 of 3
Phase 5A Monument Signage Waiver
1. The requirement for which the Waiver is requested imposes an undue hardship on the applicant;
The requested waiver would allow for sign placement to occur where there is only a pedestrian
entrance and not vehicular entrance to the street in which the builder model is located. The
requirements identified within section, “1.12 B. (13) Subdivision Entry Sign, subsection (e),” of
the signage ordinance, limiting signage to entrance areas, imposes an undue hardship in terms of
the proximity of the signage to the models and is not specific to pedestrian entrance points that will
be used to access the model in this site-specific instance.
2. The proposed sign shall be of a unique Design and configuration;
The proposed sign is uniquely designed utilizing the same Windsong Ranch theme of materials. In
this case uses a Satin Faux Rust finish metal structure, 52SF in area, with standoff pin mounted
Windsong Logo and “The Summit” phase name elegantly reverse back-lit for evening identification
of the Phase along the collector street (Windsong Parkway South).
3. The waiver is needed due to hardship caused by restricted area, shape, topography, or physical
features that are unique to the property or structure on which the proposed sign would be placed,
and such hardship is not self-imposed.
This waiver is being requested due to the unspecific nature of the signage ordinance 1.12 B. (13)
Subdivision Entry Sign, subsection (e) which is silent as to whether a street entrance refers to
pedestrian entrance or vehicular entrance.
4. Will substantially improve the convenience and welfare of the public and does not violate the
intent of this ordinance.
The proximity of the signage to the model in this case will substantially improve the convenience
and welfare of the builder by clearly identifying the Model location and entrance at the key
pedestrian access point. The welfare of the public (and particularly Windsong Ranch residents)
will be enhanced by reducing the non-essential traffic caused by potential homebuyers driving
through residential streets looking for model homes. Windsong has grown to the point that there
is a substantial presence of children out and about, which justifies taking actions that will minimize
unnecessary vehicular traffic as much as possible.
5. The requirement or standard will not adversely impact an adjacent property owner.
The proposed signage will not adversely affect any adjacent property owner due to the location
being well within the sphere of influence of the Windsong Ranch Master Plan. The nearest adjacent
ownership consists of Windsong Ranch residential units and therefore would provide them with a
positive and consistent phase signage concept.
Page 200
Item 12.DRAFT
Pg. 3 of 3
Marketing Monument Signage (Ph 2C-1 / 2C-2)
1. Addition of two (2) signs notated with yellow circles and lettered B and D and revision of sign
12A and 12B to revise directional arrows for Grenadier.
The request is for two (2) additional signs specifically to direct homebuyer traffic to the Grenadier
Homes phase/models. These signs would conform to our existing marketing signage with the
brown wood face, Windsong Ranch logo, lettering type, and directional arrows. They would be
erected in key locations to catch the drive-thru homebuyer traffic for easy directions, without
having to stop at our Welcome Center first. Sign 12A/12B would be revised to add one foot (1’)
to the height, allowing room for a designation of Fishtrap Rd. for Grenadier buyers. Signage would
be placed along major road thoroughfares including Windsong Parkway North, Fishtrap Road, and
Teel Parkway.
2. Installation and Removal of Signage
If approved, the two (2) new signs would be erected in accordance with the Town of Prosper’s
signage ordinance. Once the phases listed above (Phases 2C-1 and 2C-2) reach a combined
buildout of 95%, these signs will be removed from their locations.
Page 201
Item 12.DRAFT