07.27.21 Town Council Regular Meeting PacketPage 1 of 4
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Prosper is a place where everyone matters.
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Call to Order/ Roll Call.
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Announcements of recent and upcoming events.
CONSENT AGENDA:
Items placed on the Consent Agenda are considered routine in nature and non-controversial. The
Consent Agenda can be acted upon in one motion. Items may be removed from the Consent
Agenda by the request of Council Members or staff.
1. Consider and act upon the minutes from the July 13, 2021, Town Council Regular
Meeting. (RB)
2. Consider and act upon repealing existing Article 8.04, “Curfew for Minors,” of Chapter
8, “Offenses and Nuisances,” of the Code of Ordinances and adopting a new Article
8.04, “Curfew for Minors.” (DK)
Agenda
Prosper Town Council Meeting
Council Chambers
Prosper Town Hall
250 W. First Street, Prosper, Texas
Tuesday, July 27, 2021
5:45 PM
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3. Consider and act upon approving the expenditure for additional software licenses of
the Town's computer-aided dispatch and record management systems for Public
Safety, from Integrated Computer Systems, Inc., a sole source provider. (LJ)
4. Consider and act upon an ordinance amending Section 12.09.004 "School Traffic
Zones" of Chapter 12 "Traffic and Vehicles" of the Town's Code of Ordinances by
modifying the limits and hours of operation of such zones. (HW)
5. Consider and act upon awarding CSP No. 2021-52-B to Ratliff Hardscape, Ltd., related
to construction services for the Decorative Monument Signs – Fishtrap Road at Teel
Parkway project; and authorizing the Town Manager to execute a construction
agreement for same. (HW)
6. Consider and act upon awarding CSP No. 2021-38-B to Reliable Paving, Inc. related
to construction services for Prosper Public Works Roadway Improvements 2021
project; and authorizing the Town Manager to execute a construction agreement for
same. (FJ)
7. Consider and act upon awarding CSP No. 2021-43-B to Jagoe-Public Company
related to construction services for Miscellaneous Asphalt Improvements 2021 project;
and authorizing the Town Manager to execute a construction agreement for same.
(FJ)
8. Consider and act upon authorizing the Town Manager to execute a Development
Agreement between 104 Prosper, L.P., and the Town of Prosper, Texas, related to the
Brookhollow Multifamily development. (RZ)
9. 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, including Eagle Crossing, Gateway Church, and Prosper Chiropractic. (AG)
CITIZEN COMMENTS
The public is invited to address the Council on any topic. However, the Council is unable to
discuss or take action on any topic not listed on this agenda. Please complete a “Public Meeting
Appearance Card” and present it to the Town Secretary prior to the meeting, or request to address
the Council via videoconference or telephone.
REGULAR AGENDA:
If you wish to address the Council, please fill out a “Public Meeting Appearance Card” and present
it to the Town Secretary, preferably before the meeting begins, or request to address the Council
via videoconference or telephone. 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.
Items for Individual Consideration:
10. Consider and act upon a resolution of the Town Council of the Town of Prosper, Texas,
declaring the necessity to acquire certain properties for right-of-way sanitary sewer
easements, access easements, and drainage easements for the construction of the
First Street (Coit Road - Custer Road) project; determining the public use and
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necessity for such acquisition; authorizing the acquisition of property rights necessary
for said Project; appointing an appraiser and negotiator as necessary; authorizing the
Town Manager to establish just compensation for the property rights to be acquired;
authorizing the Town Manager to take all steps necessary to acquire the needed
property rights in compliance with all applicable laws and resolutions; and authorizing
the Town Attorney to institute condemnation proceedings to acquire the property if
purchase negotiations are not successful. (HW)
11. Update on the Dallas North Tollway regarding land uses and design standards. (KD)
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
12. Update on Funding of Capital Projects and 2020 Bond Program. (HJ)
13. Discussion on Park Land Dedication and Park Improvement Fee update. (DR)
14. Discussion on Parks and Recreation Field User Fee update. (DR)
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.
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, July 23, 2021, and remained so posted at least 72 hours before said meeting was
convened.
_______________________________ _________________________
Khara Sherrill, Senior Administrative Assistant 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.
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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 5:45 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Meigs Miller
Deputy Mayor Pro-Tem Craig Andres
Councilmember Marcus E. Ray
Councilmember Amy Bartley
Councilmember Jeff Hodges
Councilmember Charles Cotten
Staff Members Present:
Harlan Jefferson, Town Manager
Terry Welch, Town Attorney
Robyn Battle, Executive Director of Community Services
Rebecca Zook, Executive Director of Development and Infrastructure Services
Leigh Johnson, Director of Information Technology
Betty Pamplin, Finance Director
Bryan Ausenbaugh, Fire Marshall
Khara Dodds, Development Services Director
Hulon Webb, Engineering Services Director
Alex Glushko, Planning Manager
Dudley Raymond, Director of Parks and Recreation
Leslie Scott, Director of Library Services
Doug Kowalski, Police Chief
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Councilmember Marcus E. Ray led the invocation. The Pledge of Allegiance and the Pledge to
the Texas Flag were recited.
Announcements of recent and upcoming events.
Councilmember Cotten read the announcements.
Applications are now being accepted for residents to serve on one of the five Town Boards and
Commissions. The deadline to submit an application is Thursday, August 5. More information
about the Board and Commission application process, including an online application form, is
available on the Town website.
Prosper Fire Rescue is now accepting applications for the third annual Citizens Fire Academy.
Participants who live or work in the Town of Prosper will meet for nine weeks on Thursday
evenings from 6:30-9:00 p.m. at Prosper Fire Station 2. Registration ends on July 19, and
classes begin on August 5. Please visit www.prosperfire.com to register.
Minutes
Prosper Town Council Meeting
Council Chambers
Prosper Town Hall
250 W. First Street, Prosper, Texas
Tuesday, July 13, 2021
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Item 1.
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The Prosper Police Department would like to remind residents that July is National Vehicle Theft
Prevention Month. Vehicle theft is highest during the summer months. Always remember to
lock your vehicle doors and windows, park in well-lit areas, put away valuables, and do not
leave your keys in your vehicle.
The Town offers three e-newsletters that are delivered via email to keep residents informed of
Town events and programs. The Resident Update is delivered every Friday and includes
general Town news. The Landscape newsletter is produced by the Parks & Recreation
Department to let residents know about camps, classes, and special events. And the Senior
Scene newsletter is filled with information especially for Active Adults age 55 and better. Sign
up for any of our newsletters on the Town website by clicking on the “News” tab at the top of the
homepage.
Councilmember Bartley thanked Cedarbrook Media and Town of Prosper staff for their hard
work in the Pride in the Sky event which had a excellent participation from the community and
was a great event overall.
CONSENT AGENDA:
Items placed on the Consent Agenda are considered routine in nature and non-controversial.
The Consent Agenda can be acted upon in one motion. Items may be removed from the
Consent Agenda by the request of Council Members or staff.
1. Consider and act upon the Minutes from the June 22, 2021, Town Council
Regular Meeting. (RB)
2. Receive the May financial report. (BP)
3. 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, including Gates of
Prosper, Phase 3 and Prosper Trails Memorial Park (AG).
Mayor Pro-Tem Miller made a motion and Deputy Mayor Pro-Tem Andres seconded the motion
to approve all items on the Consent Agenda. The motion was approved by a vote of 7-0.
CITIZEN COMMENTS
There were no citizen comments.
Items for Individual Consideration:
Due to the large number of people in attendance to speak on item 6, Mayor Smith opted to
move immediately to Item 6 and return to agenda Items 4 and 5.
6. Consider and act upon approving a resolution supporting U.S. Highway 380 as
a Controlled Access Highway and strongly opposing the consideration of the
New Gold or Brown Alternative Segment B alignments as presented by TxDOT
in their US 380 EIS Schematic 30% designs submitted to the Town on May 3,
2021, due to the negative impacts on existing and future development within
the southeast quadrant of the Town of Prosper since the alternative
alignments are inconsistent with the Town’s Thoroughfare Plan and current
alignment of said highway. (RZ)
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Item 1.
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Rebecca Zook began the presentation by giving a brief historical overview of the
Town’s involvement with the Texas Department of Transportation (TxDOT) US 380
alignment project. In May 2020, the original recommended alignment by TxDOT was
supported by the Town. Afterwards there was a brief pause in the project until the
Fall of 2020 when TxDOT completed an Environmental Assessment Impact
Statement (EIS) . At that time, TxDOT met with staff and brought forward new
alignments which bisect a portion of Prosper. Over the past three years, the Town
has passed five Resolutions clearly identifying the preferred alignment within the
Town’s jurisdictional limits, which would be to expand US 380 along its current
alignment.
In May of this year, TxDOT provided 30% Schematic Plans showing new, revised
Gold or Brown Alternative Segment B alignments which shifted a quarter mile south
of where it crosses Custer Road. In addition to these new alignments, there were
changes to the properties that were affected. Ms. Zook presented how the newly-
revised alignments affect the Prosper Development Map, which was provided to
TxDOT so they could see how projects in the Town are progressing. Founders
Classical Academy, Ladera Prosper, and Malabar Hills are milestone projects that
would be significantly affected by the new alignments. It is important to note that
these projects will be completed before the EIS will be completed.
Ms. Zook emphasized that The Town of Prosper has always been clear and
forthright with TxDOT on the Town’s position, as presented in this Resolution, that
the Town supports the original alignment presented in the feasilbility study and
strongly opposes the new Gold and Brown alignments.
In conclusion, Ms. Zook shared the next steps of the process pending approval of the
this sixth proposed Resolution. The Town hired a new consultant to assist in
preparing and presenting comments to TxDOT. TxDOT will schedule a Public
Meeting in the fall of 2021. This means that all property owners affected by the new
alignments will not be informed of the proposed changes until this upcoming Public
Meeting this fall. Town Staff recommends that the Town Council approves the
Resolution presented today.
Mayor Smith recognized the following individuals who requested to speak on this
item:
Bob Benson, President of the Whitley Place Homeowners Association, spoke in
support of the Resolution. Mr. Benson thanked Town Council, Town staff, and
consultants for their work on this process. He is passionate about how this project
affects the Town and supports the Resolution and strongly opposes the alignments
presented by TxDOT. Mr. Benson found it troubling that TxDOT had not chosen to
inform homeowners of the shift in alignment. He also commended the consultant on
his notes regarding the potential for congestion with the new alignem ents particularly
as they would affect Prosper ISD High School No. 3.
Ben Pruett, 4311 Whitley Place Dr., commended the Town consultant’s statements
and expanded on them by speaking of air quality concerns. Mr. Pruett added
information from NCTCOG’s air quality handbook and the concerns over bad ozone.
The Brown and Gold alignments would introduce bad ozone that would impact the
environmentally sensitive facilities such as ManeGait and Founders Academy, which
serve individuals with disabilities and children. Mr. Pruett suggested TxDOT include
a risk assessment of the bad ozone exposure as part of their environmental study.
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Item 1.
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Benji Green, Bob Seei, Kathy Seei, and Nicholas Nordman did not speak, but
expressed their support for the Resolution.
The Council inquired whether more could be done to express the Town’s opposition
to the new alignments. Ms. Zook replied that approving the proposed Resolution
begins that process. The Resolution will be sent to TxDOT, and TxDOT is continuing
to take comments from residents. Council encouraged members of the public to
submit their comments, and Ms. Zook emphasized the importance of continuing to
reinforce the Town’s position that US 380 should remain in its current alignment.
Town Manager Jefferson asked Ms. Zook if TxDOT is bound by a certain area and
she answered they are bound by the current EIS; however, TxDOT can elect to not
move forward with the current EIS and elect to do a new EIS in another area. Ms.
Zook stated any option is still on the table.
Tommie Van Wolfe spoke in support of the item via Zoom on behalf of the Christie
Farms HOA and as a future Whitley Place resident. He agreed that TxDOT has
been very open with their communication and very responsive. He encouraged
everyone to make their voices heard.
Kathy Seei addressed the Council, stating that she believes this issue is a breech of
trust with TxDOT. Ms. Seei encouraged the Council to stand firm.
Jim Williams addressed the Council, noting that he has development projects along
US 380, First Street, and Custer Road that would be affected by the new alignments.
TxDOT has continued to say they need more land to expand US 380 and the Town
of Prosper has said yes, even though McKinney has said no. He stressed that the
Town of Prosper does not need a loop around McKinney going through Prosper.
After discussion, Deputy Mayor Pro-Tem Andres made a motion and Mayor Pro-Tem
Miller seconded the motion to to approve Resolution No. 2021-34 supporting U.S.
Highway 380 as a Controlled Access Highway and strongly opposing the
consideration of the New Gold or Brown Alternative Segment B alignments as
presented by TxDOT in their US 380 EIS Schematic 30% designs submitted to the
Town on May 3, 2021, due to the negative impacts on existing and future
development within the southeast quadrant of the Town of Prosper since the
alternative alignments are inconsistent with the Town’s Thoroughfare Plan and
current alignment of said highway. The motion was approved by a vote of 7-0.
4. Conduct a Public Hearing, and consider and act upon a request to amend the
Future Land Use Plan from Medium Density Residential to Retail &
Neighborhood Services, generally located on the northwest corner of Legacy
Drive and Prosper Road. This is a companion case to Z20-0013. (CA20-0003).
(AG)
5. Conduct a Public Hearing and consider and act upon a request to rezone 5.5±
acres, from Agriculture (A) to Planned Development-Retail (PD-R), for Legacy
Storage, located on the west side of Legacy Drive, north of Prosper Road. This
is a companion case to CA20-0003. (Z20-0013). (AG)
Mayor Smith opened Items 4 and 5 concurrently after Item 6.
Alex Glushko presented both items before Council. The property is proposed to be
developed for Mini-Warehouse/Public Storage uses. The rezoning request is to
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change the property from agricultural to retail, which does not conform to the Future
Land Use Plan.
Mr. Glushko provided a brief history of the development. This property was
permitted in 2007 by Denton County, prior to the property’s annexation into the Town
of Prosper in June 2010. Denton County issued permits for ten buildings. Nine
buildings currently exist on the property. The last building permit is for a three
story,120,000 square foot mini warehouse building. The Planning & Zoning
Commission unanimously voted to approve the FLUP amendment and the zoning
request.
Mayor Smith opened the Public Hearing.
Matt Moore of Claymoore Engineering spoke behalf of the applicants, who believe
the proposed location is appropriate for the requested building. Drainage solutions
have been put in place due to concerns from the neighboring property. The proposed
development will not be constructed until they can get adequate water and sewer to
this property. It is likely several years away before the development occurs, but the
applicants desire to get appropriate entitlements in place now so they can plan
accordingly in the future. Mr. Moore confirmed that currently there is more flow going
to the north than what was going there previously. It was determined the best option
is to create a temporary detention pond with a staged outfall structure. The property
owners are aware of this and have agreed to the installation of this temporary
solution right away. Mr. Moore said he has met with the property owners to the north
and their attorney, but has only recently been given approval to move forward with
the design.
Rob Daeke, representing Trent and Emily Lewis, the property owners to the north,
spoke in opposition to the requests. The Lewis’ do not feel this use is supportive of
the Town’s Comprehensive Plan, which is to keep large residential lots in the area.
They assert that it would be difficult to develop a $1 million home next to a three-
story storage unit; therefore, the propose use would impact the adjacent property’s
development opportunities.
Trent Lewis, 1251 N. Legacy Dr., property owner to the north of this development,
spoke in opposition to the request. Mr. Lewis asserted that the Legacy Storage
development has negatively impacted and harmed his property for years, including
stormwater, Fire Code, and Certificate of Occupancy (CO) violations. If approved,
the zoning request will negatively affect his ability to develop his property and the
area surrounding it. Mr. Lewis respectfully requested that the Town Council deny
this request.
Emily Lewis, 1251 N Legacy Dr., property owner to the north, expressed her
gratitude that the stormwater and drainage concerns are being addressed; however,
she explained her concerns with having a storage unit next to their property and the
safey hazards surrounding it. There is no water service on the property to provide
fire suppression for any of the storage buildings, and Ms. Lewis claimed the business
was operating with an expired Certificate of Occupany, and does not meet the
Town’s codes. Ms. Lewis strongly urged the Town Council to deny both items and
put public safety as a priority.
Michelle Sims, co-owner of Legacy Storage, spoke in favor of the request. Ms. Sims
advised they want to build a quality building that conforms to Town standards. Ms.
Sims denied ever been notified of water going onto the Lewis’ property.
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Item 1.
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With no one else speaking, Mayor Smith closed the Public Hearing.
Terry Welch, Town Attorney, spoke responding to the Mayor’s request for
clarification. Mr. Welch stated that the existing buildings were permitted by Denton
County prior to annexation, and therefore, are not subject to the Town’s development
standards. The state annexation statute provides that when a property is annexed,
the current land use may continue indefinitely. The Town has no jurisdiction to
enforce standards on permits issued by Denton County prior to annexation. The
applicants have agreed to enter into a Development Agreement with the Town if the
zoning request is approved.
The property owners will be required to provide water and sewer lines on the
property; however, Mr. Welch confirmed there is no legal mechanism for the Town to
compel the property owners to retrofit the old buildings to the current code. Mr.
Welch confirmed that if the zoning request is denied, the property owners could still
build the final building allowed per the original permit, but would be limited to a
3,800-square-foot building that complied with the current building code.
Responding to a question from Council, Ms. Zook confirmed that the facility is not
operating with an expired Certificate of Occupancy. The Town issued one non-
conforming CO when the property was initially annexed for all the buildings on the
property. No other COs have been issued by the Town, since the Town did not
review the plans, permit the plans, or inspect the plans.
Responding to a question from Council, Mr. Glushko responded that changes to the
FLUP are general in nature and are not intended to be parcel-specific. Council
inquired why the zoning request is occurring now, since there are no utilities on the
property yet. Matt Moore of Claymoore Engineering responded that it is common for
property owners to have entitlements in place first so planning for the future
development can occur. Mr. Moore stated that 1.5 acres to the north of the subject
property are owned by the Lewis family, although they do not reside on the property,
and most of the property is comprised of a pond. The existing buildings on the
applicant’s property are passive sources of income and will continue in their current
state indefinitely. Mr. Moore stated that the applicants cannot commit to retrofitting
every building with water and sewer service since it would be very expensive.
After discussion, Councilmember Cotten made a motion and Councilmember
Hodges seconded the motion to approve a request to amend the Future Land Use
Plan from Medium Density Residential to Retail & Neighborhood Services, generally
located on the northwest corner of Legacy Drive and Prosper Road. The motion was
approved by a vote of 7-0.
Council inquired about the terms of the Development Agreement, subject to
Council’s approval of the zoning request. Mr. Welch advised that language should
be added to the Development Agreement for building materials, drainage issues,
and to consider fire suppression systems.
Council inquired about requirements for fire suppression systems on the property.
Fire Marshal Bryan Ausenbaugh responded that fire alarms and fire extinguishers
already exist in all buildings on the property. The likelihood of the new building being
affected by a structure fire at the existing buildings is possible, but unlikely.
After discussion, Councilmember Cotten made a motion and Councilmember Ray
seconded the motion to approve a request to rezone 5.5± acres, from Agriculture (A)
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to Planned Development-Retail (PD-R), for Legacy Storage, located on the west side
of Legacy Drive, north of Prosper Road, subject to the applicant entering into a
Development Agreement with the Town that does not address the existing buildings,
but does include provisions for drainage and building materials. The motion was
approved by a vote of 7-0.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
7. Update on Virtual Meetings. (RB)
Robyn Battle, Executive Director of Community Services, spoke regarding the status
of virtual meetings, both from a legislative and policy perspective. Early in the
pandemic, Governor Abbott suspended certain provisions of the Open Meeting Acts
in an effort to reduce in-person meetings while safely social distancing. It was the
hope that the Texas Legislature would take action during the legislative session to
make some of those provisions permanent, but that has not occurred. On June 30,
Governor Abbott approved a request from the Attorney General to lift all the
temporary suspensions of the Open Meetings Act. Starting September 1, telephone
meetings are only permitted in emergency situations or when it is impossible for the
governing body to meet in person. For meetings held via videoconference, a full
quorum of the governing body must be physically present at the meeting location,
and members may only attend remotely if a live, two-way audio and video connection
can be maintained. The Open Meetings Act does give the Town discretion to
broadcast the meetings over the internet but it is not mandatory until municipalities
reach a population of 50,000.
The Open Meetings Act has always given the Town discretion to provide an avenue
for residents to attend meetings remotely. The CARES Act funding helped the Town
be able to provide this service sooner. The Town’s IT Department provided statistics
of the number of individuals who have attended the Council meetings since January
2021. An average of 11 people have attended each meeting, not including Council
or staff. Town staff recommends that the Town continue to provide a virtual option
to the public. Ms. Battle confirmed that Councilmembers may listen to meetings
remotely if they cannot be physically present, but they will not be counted as
attending the meeting, and will be unable to deliberate or vote on agenda items. A
discretionary budget package has been submitted in the FY 2021-2022 proposed
budget to improve the virtual meeting technology, and platforms such as Zoom are
likely to continue to improve as more cities move toward a virtual setting for public
meetings. Council concurred with staff’s recommendation to continue to provide a
virtual option for public meetings. No further action was taken.
Town Manager Harlan Jefferson briefed the Council on the new logo the Community
Library has developed, which has some similarities to the Prosper EDC logo. Mr.
Jefferson inquired whether the Council would like to consider a new logo for the
Town. Some Councilmembers expressed a desire to refresh the logo, and offered
suggestions to use the same consultant as the PEDC and the Library or perhaps ask
students at Prosper High School to offer an option. Council noted that it may also be
advantageous to adopt a new logo prior to developing a new website. Before
making a decision on a new logo, Council directed Town staff to get a cost estimate
for rebranding all Town facilities, vehicles, print and digital materials and present
information at a future Town Council meeting. No further action was taken.
Mr. Jefferson presented information on the Dallas North Tollway (DNT) design
guidelines. He reviewed Town staff’s timeline for gathering information from the
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Item 1.
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Prosper Developer’s Council and the Planning and Zoning Commission. Town staff
is expected to present a recommendation to Council in late August or early
September. No further action was taken.
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 551.071 - Consultation with Town Attorney regarding legal issues related to
Article 8.04 of the Town’s Code of Ordinances, and all matters incident and related
thereto.
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 7:38 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 8:35 p.m. No action was taken as a
result of the Closed Session.
Adjourn.
The meeting was adjourned at 8:35 p.m. on July 13, 2021.
These minutes approved on the 27th day of July 2021.
APPROVED:
Ray Smith, Mayor
ATTEST:
Robyn Battle, Interim Town Secretary
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Item 1.
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To: Mayor and Town Council
From: Doug Kowalski, Chief of Police
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – July 27, 2021
Agenda Item:
Consider and act upon repealing existing Article 8.04, “Curfew for Minors,” of Chapter 8, “Offenses
and Nuisances,” of the Code of Ordinances and adopting a new Article 8.04, “Curfew for Minors.”
Description of Agenda Item:
The Town’s Curfew Ordinance must be renewed every three years as required by Texas Local
Government Code, Section 370.002.
The intent of the curfew ordinance is to decrease juvenile crimes committed by persons under the
age of 17.
Persons under the age of 17 are particularly susceptible to participate in unlawful activities and
to be victims of older perpetrators of crime due to lack of maturity and experience.
Having a curfew ordinance assists the Police Department in protecting minors from each other
and older persons, enforcing parental control and responsibility for children, protecting the
general public and reducing incidents of juvenile criminal activities.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., prepared the attached Ordinance.
Attached Documents:
1. Ordinance
Town Staff Recommendation:
Town staff recommends the Town Council approve an ordinance repealing existing Article 8.04,
“Curfew for Minors,” of Chapter 8, “Offenses and Nuisances,” of the Code of Ordinances and
adopting a new Article 8.04, “Curfew for Minors.”
Prosper is a place where everyone matters.
POLICE
DEPARTMENT
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Item 2.
Page 2 of 2
Proposed Motion:
I move to approve an ordinance repealing existing Article 8.04, “Curfew for Minors,” of Chapter 8,
“Offenses and Nuisances,” of the Code of Ordinances and adopting a new Article 8.04, “Curfew
for Minors.”
Page 14
Item 2.
Ordinance No. 2021-__, Page 1
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2021-__
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, REPEALING EXISTING ARTICLE 8.04, “CURFEW FOR MINORS,”
OF CHAPTER 8, “OFFENSES AND NUISANCES,” OF THE CODE OF
ORDINANCES OF THE TOWN OF PROSPER, TEXAS, AND ADOPTING A
NEW ARTICLE 8.04, “CURFEW FOR MINORS”; PROVIDING FOR
DEFINITIONS, OFFENSES, DEFENSES TO PROSECUTION,
ENFORCEMENT, SEVERABILITY AND SAVINGS/REPEALING CLAUSES,
AND PENALTIES; PROVIDING AN EFFECTIVE DATE AND TERMINATION
PROVISION; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”), has
investigated and determined that there has been an increase in juvenile violence and crime by
persons under the age of seventeen (17) in the Town of Prosper, Texas (“Prosper’’); and
WHEREAS, the Town Council has further investigated and determined that passage of
this Ordinance will promote the general welfare and protect the general public through the
reduction of juvenile crime and violence within Prosper; and
WHEREAS, the Town Council has further investigated and determined that persons
under the age of seventeen (17) are particularly susceptible by their lack of maturity and
experience to participate in unlawful activities and to be victims of older perpetrators of crime;
and
WHEREAS, the Town Council, on behalf of Prosper and its citizens, has an obligation to
provide for the protection of minors from each other and from other persons; for the enforcement
of parental control over and responsibility for children; for the protection of the general public;
and for the reduction of incidence of juvenile criminal activities; and
WHEREAS, the Town Council has further investigated and determined that its goals in
enacting this ordinance include, but are not limited to, the following: (1) reducing the number of
juvenile crime victims; (2) reducing injury accidents involving juveniles; (3) allow for reduced
time for officers related to juvenile crime activities and accidents; (4) provide a tool for dealing
with gang activity; (5) reduce juvenile peer pressure to stay out late; and (6) assist parents in the
control of their children; and
WHEREAS, the Town Council has further investigated and determined that it is in the
best interests of Prosper and its citizens to establish a curfew for those under the age of
seventeen (17) years, as set forth below, which will promote public health, safety and general
welfare; help attain the foregoing objectives; and diminish the undesirable impact of such conduct
on the citizens of Prosper; and
WHEREAS, the Town’s previous juvenile curfew ordinance, codified in Article 8.04,
“Curfew for Minors,” of Chapter 8, “Offenses and Nuisances,” of the Code of Ordinances of
the Town of Prosper, Texas, has expired by its terms and as a consequence, this Ordinance
is adopted due to such prior ordinance’s expiration by law.
Page 15
Item 2.
Ordinance No. 2021-__, Page 2
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All of the above findings are hereby found to be true and correct and are hereby
incorporated into the body of this Ordinance as if fully set forth herein.
SECTION 2
From and after the effective date of this Ordinance, existing Article 8.04, “Curfew for
Minors,” of Chapter 8, “Offenses and Nuisances,” of the Code of Ordinances of the Town of
Prosper, Texas, is hereby repealed in its entirety and replaced with a new Article 8.04, “Curfew
for Minors,” to read as follows:
“ARTICLE 8.04 CURFEW FOR MINORS
Sec. 8.04.001 Definitions
For purposes of this article, the following terms shall apply:
Curfew hours mean 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until
6:00 a.m. of the following day; and 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday.
Emergency means an unforeseen combination of circumstances or the resulting state that calls
for immediate action. The term shall include but not limited to fire, natural disaster, and an
automobile accident, or any situation requiring immediate action to prevent serious bodily injury
or loss of life.
Establishment means any privately-owned place of business operated for a profit to which the
public is invited, including but not limited to any place of amusement or entertainment.
Guardian means any person to whom custody of a juvenile has been given by a court.
Juvenile means any person less than seventeen (17) years of age.
Operator means any individual, firm, association, partnership, or corporation operating,
managing, or conducting an establishment. The term includes the members or partners of any
association or partnership and the officers of the corporation.
Parent means a person who is the natural or adoptive parent of a person, to include a court
appointed guardian or other person eighteen (18) years or older, authorized by the parent, by a
court order, or by the court, or by the court appointed guardian to have the care and custody of
a person.
Public place means any place to which the public or a substantial group of the public has access
and includes, but is not limited to, streets, highways, sidewalks, parks and the common areas of
schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
Page 16
Item 2.
Ordinance No. 2021-__, Page 3
Remain means to linger, stay, walk, run, stand, drive or ride; or fail to leave premises when
requested to do so by a police officer or the owner, operator, or other person in control of the
premises.
Town means the Town of Prosper, Texas.
Sec. 8.04.002 Offenses
A juvenile commits an offense if the juvenile remains in any public place or on the premises of an
establishment within the town during curfew hours.
(a) A parent or guardian of a juvenile commits an offense if such person knowingly permits,
or by insufficient control allows, the juvenile to purposefully remain, walk, run, stand, drive, or
ride about in or upon any public place or on the premises of any establishment within the town
during curfew hours.
(b) The owner, operator, or any employee of an establishment within the town commits an
offense if such person knowingly allows a juvenile to remain upon the premises of the
establishment during curfew hours.
Sec. 8.04.003 Defenses to prosecution
(a) It is a defense to prosecution under section 8.04.002(a) that the juvenile was:
(1) Accompanied by the juvenile’s parent or guardian;
(2) On an errand at the direction of the juvenile’s parent or guardian, without any
detour or stop;
(3) In a motor vehicle involved in interstate travel;
(4) Engaged in an employment activity, or going to or returning home from an
employment activity, without any detour or stop;
(5) Involved in an emergency;
(6) On the sidewalk abutting the juvenile’s residence or abutting the residence of a
next-door neighbor if the neighbor did not complain to the police department
about the juvenile’s presence;
(7) Attending an official school, religious, or other recreational activity supervised by
adults and sponsored by the town; a civic organization, or another similar entity
that takes responsibility for the juvenile, or going to or returning home from,
without detour or stop, an official school, religious, or other recreational activity
supervised by adults and sponsored by the town, a civic organization, or another
similar entity that takes responsibility for the juvenile;
(8) Exercising First Amendment rights protected by the United States Constitution; or
(9) Married or had been married or had disabilities of minority removed in accordance
with V.C.T.A., Family Code chapter 31, as amended.
Page 17
Item 2.
Ordinance No. 2021-__, Page 4
(b) It is a defense to prosecution under section 8.04.002(c) that the owner, operator, or
employee of an establishment promptly notified the police department that a juvenile was present
on the premises of the establishment during curfew hours and refused to leave.
Sec. 8.04.004 Enforcement
Before taking any enforcement action under this article, a police officer shall ask the apparent
offender’s age and reason for being in the public place. The officer shall not issue a citation or
make an arrest under this article unless the officer reasonably believes that an offense has
occurred and that based on any response and other circumstances, no defense in section
8.04.003 is present.
Sec. 8.04.005 Penalties
(a) A person who violates a provision of this article is guilty of a separate offense for each
day or part of a day during which the violation is committed, continued, or permitted. Each
offense, upon conviction, is punishable by a fine not to exceed five hundred dollars ($500.00).
(b) When required by V.T.C.A., Family Code section 51.08, as amended, the municipal
court shall waive original jurisdiction over a juvenile who violates section 8.04.002(a) of this
article and shall refer the juvenile to juvenile court.”
SECTION 3
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. The Town
Council 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 4
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution for violation
of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced
for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said
ordinances shall remain in full force and effect.
SECTION 5
Any person, firm, corporation or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the
sum of Five Hundred Dollars ($500.00), and each and every day such violation shall continue
shall constitute a separate offense.
Page 18
Item 2.
Ordinance No. 2021-__, Page 5
SECTION 6
This Ordinance shall become effective from and after its passage and publication and will
expire three (3) years from its effective date, unless sooner terminated or extended by ordinance.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 27TH DAY OF JULY, 2021.
___________________________________
Ray Smith, Mayor
ATTEST:
____________________________________
Robyn Battle, Interim Town Secretary
APPROVED AS TO FORM AND LEGALITY:
____________________________________
Terrence S. Welch, Town Attorney
Page 19
Item 2.
Page 1 of 2
To: Mayor and Town Council
From: Leigh Johnson, Director of Information Technology
Through: Harlan Jefferson, Town Manager
Chuck Springer, Executive Director of Administrative Services
Re: Town Council Meeting – July 27, 2021
Agenda Item:
Consider and act upon approving the expenditure for additional software licenses of the Town's
computer-aided dispatch and record management systems for Public Safety, from Integrated
Computer Systems, Inc., a sole source provider.
Description of Agenda Item:
On or about May 26, 2009, the Town Council approved Resolution No. 09-065 to execute a service
agreement between the Town and Integrated Computer Systems, Inc. (ICS), for the purpose of
providing computer aided dispatch and record management systems, in order to provide effective
and efficient dispatch services to residents. Since this time, the Town has added several more
patrol units and apparatus. Additionally, ICS has been expanding the capabilities of the platform,
adding new features and functionality.
Due to the expansion of the mobile data computer (MDC) fleet, and the need for next-generation
software features, the I.T. division is proposing additional licenses be added to the platform to
accommodate these needs. This contract auto-renews on October 1st of each year upon payment
of the invoice.
This purchase falls within the definition of a procurement that is available from only one source
(Chapter 252 of the Local Government Code) and is exempt from competitive bidding
requirements. Integrated Computer Systems, Inc., is the sole manufacturer and provider of their
specialized hardware and software products.
Budget Impact:
The amount of this proposal is $180,236.50. This payment will be funded from Information
Technology account 100-5419-10-05, Fire Department account 100-5419-30-01, and Police
Department account 100-5419-20-01, from budgeted and currently available funds. The additional
features will result in an increase of $33,226.00 to the annual maintenance cost for ICS in future
years. A non-discretionary package for this increase is included in the 2021-2022 fiscal year
Prosper is a place where everyone matters.
INFORMATION
TECHNOLOGY
Page 20
Item 3.
Page 2 of 2
budget. Subsequent annual expenditures will be subject to appropriations granted in future fiscal
years.
Legal Obligations and Review:
This item does not require legal review.
Attached Documents:
1. Sole Source Letter
2. ICS Software Licensing Quotation
Town Staff Recommendation:
Town staff recommends approving the expenditure for additional software licenses of the Town's
computer-aided dispatch and record management systems for Public Safety, from Integrated
Computer Systems, Inc., a sole source provider.
Proposed Motion:
I move to approve the expenditure for additional software licenses of the Town's computer-aided
dispatch and record management systems for Public Safety, from Integrated Computer Systems,
Inc., a sole source provider.
Page 21
Item 3.
3499 FM 1461
McKinney, TX 75071
214.544.0022 ext 22
214.544.0025 fax
November 1, 2017
Ms. January Cook, Purchasing
Town of Prosper
101 S. Main Street
Town of Prosper, Texas 75078
This letter serves as a sole source document for software products manufactured by Integrated
Computer Systems Inc (ICS).
ICS provides specialized hardware and software products to public safety agencies and is the sole
source for those products as well as ongoing support. The Town of Prosper Police Department and
Fire Department utilizes ICS products throughout their respective departments. The Town of
Prosper is purchasing ongoing software support for those products. I’ve also included the following
which is a list of ICS products that are exclusive to ICS:
ICS CAD (can include the following add on modules)
• ICS Vehicle Towing
• ICS Rotation
• ICS Text Paging
• ICS Document Locator
• ICS Alarm and False Alarm Billing/Tracking
• 911 Gateway
• ICS TLETS/NCIC TCPIP
• ICS Racial Profiling
• ICS Level 1,2 & 3 Mapping
• ICS CAD GPS/AVL Mapping
• ICS CAD Closest To Dispatching / Navigation
• ICS CAD Aerial Photos
ICS Mobile (can include the following add on modules)
• ICS WARDN Network Controller Software
• ICS CAD/MDC CFS
• ICS Racial Profiling
• ICS Document Locator
• ICS Text Paging
• ICS GPS/AVL
• ICS Magnetic Driver License Scanning Software
• ICS MDC Level 1 Mapping software
• ICS Vehicle Towing
• ICS NavTec Navigation Software
Item 5g
Page 22
Item 3.
• ICS Mobile ID System
ICS Law (can include the following module)
• ICS Arrest
• ICS Booking
• ICS Citation
• ICS Incident
• ICS Pawn
• ICS Field Intelligence
• ICS Misc. Name
• ICS Warrant
• ICS Registration
• ICS Animal Control
• ICS Electronic Case Submittal
• ICS Permits
• ICS Case Management
• ICS Master Name
• ICS Master Property
• ICS Master Vehicle
• ICS Master Location
• ICS Mug Shot Capture
• ICS Line-up
• ICS Property Room
• ICS Enhanced Property Room with Inventory Tracking and Bar Coding
• ICS Enhanced Property Room with Inventory Tracking and RFID and Bar Coding
• ICS Enhanced Property Room with Asset Tracking and Bar Coding
• ICS Enhanced Property Room with Inventory Tracking and RFID and Bar Coding
• ICS Personnel
• ICS Jail Booking / Management
• ICS Accident Reporting
• ICS Beat Management
• ICS Comp Stat Reporting
• ICS Crime Analysis
ICS Fire (can include the following modules)
• ICS Fire Incident
• ICS Company Reporting
• ICS Building Permits
• ICS Inspection
• ICS EMS Incident
• ICS Hydrant
• ICS Station Log
ICS Interfaces
• ICS ESO Client Interface
• ICS USDD Client Interface
• ICS – CFS API
• ICS Citation Interface
Item 5g
Page 23
Item 3.
• ICS Live Scan Interface
• ICS Jail Records Vine Interface
• ICS Ticket Writer API
• ICS Ticket Writer Racial Profiling API
• ICS Ticket Writer Crash/Accident API
• ICS Ticket Writer Towing API
• ICS Ticket Writer Criminal Trespass API
• ICS Pro QA API
• ICS Emergidata API
ICS Intelli-Query
ICS Geo-Scrubbing Tool ICS Scoreboard
ICS RFID Asset Tracking
ICS Management Console
ICS is the author of the above listed software and are sold exclusively through ICS. No other
company resells or provides either the software products or annual maintenance for ICS software.
Therefore, ICS qualifies for a sole source exemption to Texas competitive bid laws since ICS
software falls under the copyright laws.
Thank you for your interest in ICS products. Please don’t hesitate to contact me if any additional
information is required.
Sincerely,
Tommy Galbraith
Vice President of Sales
Item 5g
Page 24
Item 3.
QUOTATIONIntegrated Computer Systems
3499 FM 1461
McKinney, TX 75071
214-544-0022
Number:ICSQ2310
Date:Jul 19, 2021
Your Sales Consultant Bill To Contact
Town of Prosper Prosper Police DepartmentLeigh Johnson Scott Brewer121 W. Broadway Street
PO Box 307
Prosper, TX 75078
PO Box 307
Prosper, TX 75078
214-544-0022 x322 972-346-2640 972-569-1033
tommy@icsnews.com leigh_johnson@prospertx.gov Scott_Brewer@prospertx.gov
2021 Combined Quotes
Expiration Date P.O. Number Requested Install Date Terms
9/30/2021 Net 30
Product and Description Qty List $Disc Price Extended SAP3
Inter Agency Data Sharing
1 18,000.00 9,000.00 9,000.00 2700.00CAD-INT-AGE-QRY: Inter-Agency Person/Vehicle Query
Provides the capability for one ICS agency to retrieve person
and vehicle history from other ICS agencies through a secure
internet link.
4 225.00 225.00 900.00SVC-TECH-I: One Hour of Technical Services, Level I
technician
2 195.00 195.00 390.00SVC-TRAIN: One Hour of Technical Services,
Support/training Specialist
10,290.00SubTotal
Public Service Officer
3 2,650.00 2,252.50 6,757.50 1665.00LAW-SUB: Law Records
Law Records Incident and Arrest (licensed by user)
3 250.00 212.50 637.50 114.00LAW-FI-SUB: Field Intelligence/BOLO
Field Intelligence
1 1,500.00 1,275.00 1,275.00 225.00LAW-PROP-SUB: Property Room, Subsequent license
Property Room Management
8,670.00SubTotal
Records Clerk
2 2,650.00 2,252.50 4,505.00 1110.00LAW-SUB: Law Records
Law Records Incident and Arrest (licensed by user)
Upon approval by your agency, this document will become a purchase agreement by and between LICENSEE and Integrated Computer Systems Inc., located at 3499 FM 1461,
McKinney, Texas 75071, and is subject to all terms and conditions or user license agreements executed at an earlier date.
07/19/21 08:44:42
1 of 4
Page 25
Item 3.
Product and Description Qty List $Disc Price Extended SAP3
2 250.00 212.50 425.00 76.00LAW-FI-SUB: Field Intelligence/BOLO
Field Intelligence
4,930.00SubTotal
Lt. and Sgt. licenses
3 2,650.00 2,252.50 6,757.50 1665.00LAW-SUB: Law Records
Law Records Incident and Arrest (licensed by user)
3 250.00 212.50 637.50 114.00LAW-FI-SUB: Field Intelligence/BOLO
Field Intelligence
3 500.00 425.00 1,275.00 225.00LAW-NCIC: Mobile NCIC/TLETS
Allows a Law user to process NCIC/TLETS requests.
8,670.00SubTotal
Web Status Monitor
1 2,500.00 2,125.00 2,125.00 375.00CAD-STAT-WEB: CAD Web/Smart Phone/Tablet Status
Monitor
Web-based status monitor for the display of resources and
calls
1 225.00 225.00 225.00SVC-TECH-I: One Hour of Technical Services, Level I
technician
1 195.00 195.00 195.00SVC-TRAIN: One Hour of Technical Services,
Support/training Specialist
2,545.00SubTotal
MOBILE Police Add-On
10 3,700.00 3,145.00 31,450.00 5550.00MDC: Mobile Data Client
Full-function, in-field, integrated call processing software
(licensed by workstation)
10 150.00 127.50 1,275.00 230.00MDC-MAP-SUB: Mobile Basic Mapping
Map highlights the exact call location. Subsequent license for
users after purchase of MDC-MAP-INIT.
10 1,000.00 850.00 8,500.00 1500.00MDC-MAP-AVL-SUB: Mobile Advanced Mapping
Advanced mapping with AVL plots active calls (using their
exact latitude and longitude) and units (by their GPS/AVL
device). See product details for prerequisites.
10 500.00 425.00 4,250.00 750.00MDC-NCIC: Mobile NCIC/TLETS
Allows field units to process NCIC/TLETS requests.
Upon approval by your agency, this document will become a purchase agreement by and between LICENSEE and Integrated Computer Systems Inc., located at 3499 FM 1461,
McKinney, Texas 75071, and is subject to all terms and conditions or user license agreements executed at an earlier date.
07/19/21 08:44:42
2 of 4
Page 26
Item 3.
Product and Description Qty List $Disc Price Extended SAP3
10 250.00 212.50 2,125.00 380.00MDC-PAGE: Mobile Text Paging
Allows field units to send pages/text messages to
pagers/Smart phones, etc.
10 200.00 170.00 1,700.00 300.00MDC-RAP: Mobile Racial Profiling
Enter and verify racial profiling data on mobile devices.
10 249.00 211.65 2,116.50 370.00MDC-MAG: Mobile Software to Interface to 3-Track
Magnetic Stripe Reader
Mobile software 3-track magnetic stripe reader interface.
1 225.00 225.00 225.00SVC-TECH-I: One Hour of Technical Services, Level I
technician
1 9,080.00 9,080.00 9,080.002020 SAP
60,721.50SubTotal
Battalion Chief
1 3,700.00 3,145.00 3,145.00 555.00MDC: Mobile Data Client
Full-function, in-field, integrated call processing software
(licensed by workstation)
1 150.00 127.50 127.50 23.00MDC-MAP-SUB: Mobile Basic Mapping
Map highlights the exact call location. Subsequent license for
users after purchase of MDC-MAP-INIT.
1 1,000.00 850.00 850.00 150.00MDC-MAP-AVL-SUB: Mobile Advanced Mapping
Advanced mapping with AVL plots active calls (using their
exact latitude and longitude) and units (by their GPS/AVL
device). See product details for prerequisites.
1 850.00 850.00 850.00 375.00MDC-AMAP-NAV-SUB: Mobile Navigation
Advanced mapping with navigation draws a route and
provides turn-by-turn directions. See product details for
prerequisites.
4,972.50SubTotal
Advanced Mapping for MDC's
13 150.00 127.50 1,657.50 299.00MDC-MAP-SUB: Mobile Basic Mapping
Map highlights the exact call location. Subsequent license for
users after purchase of MDC-MAP-INIT.
13 1,000.00 850.00 11,050.00 1950.00MDC-MAP-AVL-SUB: Mobile Advanced Mapping
Advanced mapping with AVL plots active calls (using their
exact latitude and longitude) and units (by their GPS/AVL
device). See product details for prerequisites.
13 850.00 850.00 11,050.00 4875.00MDC-AMAP-NAV-SUB: Mobile Navigation
Advanced mapping with navigation draws a route and
provides turn-by-turn directions. See product details for
prerequisites.
Upon approval by your agency, this document will become a purchase agreement by and between LICENSEE and Integrated Computer Systems Inc., located at 3499 FM 1461,
McKinney, Texas 75071, and is subject to all terms and conditions or user license agreements executed at an earlier date.
07/19/21 08:44:42
3 of 4
Page 27
Item 3.
Product and Description Qty List $Disc Price Extended SAP3
23,757.50SubTotal
3 12,500.00 12,500.00 37,500.00 1575.00CAD-MAP-ADV-REC-DRV: CAD Determine Responders by
Drive Time
Recommends units based on their calculated driving time not
their assigned district.
37,500.00SubTotal
1 5,500.00 5,500.00 5,500.00 825.00MDC-AMAP-NAV-INIT: Mobile Navigation
Advanced mapping with navigation draws a route and
provides turn-by-turn directions. See product details for
prerequisites.
14 850.00 850.00 11,900.00 5250.00MDC-AMAP-NAV-SUB: Mobile Navigation
Advanced mapping with navigation draws a route and
provides turn-by-turn directions. See product details for
prerequisites.
1 780.00 780.00 780.00TRN-HALF-DAY: Training half day
Half of a day of training for Closest-to orientation
18,180.00SubTotal
Sub-total 205,585.00Customer is responsible for all hardware, network, operating software infrastructure including wireless
communications.
Training at ICS training facility in Mckinney Texas is included in price
Other services will be charged on a time and materials basis.
Customer will supply all required GIS maps with required closest to map data in an ICS acceptable
format. All maps will be certified accurate to a minimum of 97%.
Less discount 25,348.50-
Distribution 0.00
Total $180,236.50
Software Assurance
Plan (SAP 3) per Yr $33,226.00
Signature or valid purchase order number
Upon approval by your agency, this document will become a purchase agreement by and between LICENSEE and Integrated Computer Systems Inc., located at 3499 FM 1461,
McKinney, Texas 75071, and is subject to all terms and conditions or user license agreements executed at an earlier date.
07/19/21 08:44:42
4 of 4
Page 28
Item 3.
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr, Director of Engineering Services
Through: Harlan Jefferson, Town Manager
Rebecca Zook, Executive Director of Development & Infrastructure Services
Re: Town Council Meeting – July 27, 2021
Agenda Item:
Consider and act upon an ordinance amending Section 12.09.004 "School Traffic Zones" of
Chapter 12 "Traffic and Vehicles" of the Town's Code of Ordinances by modifying the limits and
hours of operation of such zones.
Description of Agenda Item:
The Prosper Independent School District (PISD) recently announced new start and end times for
their middle school and high schools for the 2021-2022 school year. This change requires that
the Town also revise the hours of operation for school zones associated with the following
campuses: Reynolds Middle School, Rogers Middle School, Rushing Middle School and Prosper
High School. The change in school times and change in typical school zone hours are shown
below. The elementary school times remain unchanged.
Elementary School Hours School Zone Hours
7:45 AM to 2:50 PM 7:15 AM to 8:00 AM
2:35 PM to 3:20 PM
Middle School Hours (Previous) School Zone Hours
8:10 AM to 3:25 PM 7:40 AM to 8:25 AM
3:10 PM to 3:55 PM
Middle School Hours (Proposed) School Zone Hours
8:15 AM to 3:30 PM 7:45 AM to 8:30 AM
3:15 PM to 4:00 PM
High School Hours (Previous) School Zone Hours
8:30 AM to 3:59 PM 8:00 AM to 8:45 AM
3:45 PM to 4:30 PM
High School Hours (Proposed) School Zone Hours
8:35 AM to 4:04 PM 8:05 AM to 8:50 AM
3:50 PM to 4:35 PM
Prosper is a place where everyone matters.
ENGINEERING
SERVICES
Page 29
Item 4.
Page 2 of 2
Typical hours of operation for school zones are from approximately 30 minutes before to
approximately 15 minutes after the start of school and from approximately 15 minutes before to
approximately 30 minutes after the end of school. Because of the atypical end time for the high
school, the school zone times for the high school are set up to be 14 minutes before end of high
school time and 31 minutes after.
Previously approved deviations from the typical hours of operation include the following:
August 25, 2020 – Town Council approved extending the morning and afternoon school zone
time along Fishtrap Road for Rushing Middle School to start at the same time as the start of
the morning and afternoon school zone hours for Stuber Elementary. This allows the school
zone flashers along Fishtrap Road to be active when the Stuber Elementary School students
are crossing at Fishtrap Road and Chaucer Drive. The PISD has a crossing guard placed at
this intersection.
July 23, 2019 – Town Council approved extending the afternoon school zone time along La
Cima Boulevard at Amistad Drive to end 70 minutes after Folsom Elementary ends to allow
students walking home from Rogers Middle School additional time to cross La Cima
Boulevard. This corresponds to the July 25, 2017, approved deviation along La Cima
Boulevard at Arrowhead Drive.
July 25, 2017 – Town Council approved extending the afternoon school zone time along La
Cima Boulevard at Arrowhead to end 70 minutes after Folsom Elementary ends to allow
students walking home from Rogers Middle School additional time to cross La Cima
Boulevard.
December 9, 2014 – Town Council approved extending the morning school zone time for
Rogers Middle School to start 45 minutes before school due to the significant volume of early
pedestrian traffic.
Furthermore, this ordinance will add new school zones recently created due to the addition of
Bryant Elementary within the Windsong Ranch development.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the ordinance as to form and legality.
Attached Documents:
1. Ordinance
Town Staff Recommendation:
Town staff recommends that the Town Council approve an ordinance amending Section 12.09.004
"School Traffic Zones" of Chapter 12 "Traffic and Vehicles" of the Town's Code of Ordinances by
modifying the limits and hours of operation of such zone.
Proposed Motion:
I move to approve an ordinance amending Section 12.09.004 "School Traffic Zones" of Chapter
12 "Traffic and Vehicles" of the Town's Code of Ordinances by modifying the limits and hours of
operation of such zones.
Page 30
Item 4.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2021 - ___
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
SECTION 12.09.004, “SCHOOL TRAFFIC ZONES,” OF CHAPTER 12,
“TRAFFIC AND VEHICLES,” OF THE CODE OF ORDINANCES OF THE
TOWN OF PROSPER BY MODIFYING THE LIMITS ON WHICH SCHOOL
ZONES ARE ESTABLISHED; MODIFYING THE HOURS OF OPERATION OF
SUCH ZONES; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR A PENALTY FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE
OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the Town of Prosper, Texas (“Town”), is a home-rule municipal corporation
duly organized under the laws of the State of Texas; and
WHEREAS, Section 541.302 of the Texas Transportation Code defines a "school crossing
zone" as a reduced-speed zone designated on a street by a local authority to facilitate safe
crossing of the street by children going to or leaving a public or private elementary or secondary
school during the time the reduced speed limit applies; and
WHEREAS, Section 545.356 of the Texas Transportation Code provides that the
governing body of a municipality may alter prima facie speed limits by ordinance based on the
results of an engineering and traffic investigation; and
WHEREAS, the Town Council has investigated and finds that it is necessary for the
protection and safety of children going to and leaving public elementary and secondary schools
within Prosper to amend Section 12.09.004, "School Traffic Zones," of the Code of Ordinances to
modify the reduced speed school zones on certain public streets as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
Existing Section 12.09.004, “School Traffic Zones,” of Chapter 12, “Traffic and Vehicles,”
of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended by modifying the
limits on which school zones are established, and the hours of operation of such zones, to read
as follows:
Page 31
Item 4.
Ordinance No. 2021-__, Page 2
Street Name Limits Hours of
Operation
Speed
Limit
Bryant Elementary School
Falling Leaves Drive From 200 feet north of Ironwood Drive
to Ironwood Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Freeman Way From 200 feet west of Goldenrod Lane
to Teel Parkway
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Goldenrod Lane From 200 feet south of Freeman Way
to Ironwood Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Ironwood Drive From 200 feet west of Goldenrod Lane
to Teel Parkway
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Old Rosebud Lane From 200 feet west of Goldenrod Lane
to Goldenrod Lane
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Rock Springs Drive From 200 feet north of Ironwood Drive
to Ironwood Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Seven Oaks Drive From 220 feet south of Freeman Way
to Freeman Way
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Teel Parkway From 300 feet north of Ironwood Drive
to 300 feet south of Freeman Way
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Cockrell Elementary School
Cliff Creek Drive From 130 feet southwest of school property
to Evergreen Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Escalante Trail From Whitley Place Drive
to Prosper Trail
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Evergreen Drive From 130 feet southwest of Orchard Grove
Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Fisher Road From Escalante Drive
to 205 feet east of Escalante Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Mesa Drive From Escalante Drive
to 200 feet east of Escalante Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Orchard Grove Drive From Evergreen Drive
to Escalante Trail
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Prosper Trail From 750 feet west of Escalante Trail
to 300 feet east of Escalante Trail
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Red Wing Drive From Escalante Drive
to 215 feet east of Escalante Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Whitley Place Drive From 150 feet southwest of Escalante Trail
to 150 feet northeast of Escalante Trail
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Page 32
Item 4.
Ordinance No. 2021-__, Page 3
Folsom Elementary School
Amistad Drive From La Cima Boulevard
to 100 feet northwest of La Cima Boulevard
7:15 AM to 8:00 AM
2:35 PM to 4:00 PM 20
Amistad Drive From La Cima Boulevard
to 190 feet southeast of La Cima Boulevard
7:15 AM to 8:00 AM
2:35 PM to 4:00 PM 20
Arrowhead Drive From La Cima Boulevard
to 120 feet southeast of La Cima Boulevard
7:15 AM to 8:00 AM
2:35 PM to 4:00 PM 20
Arrowhead Drive
From 270 feet northwest of Sommerville
Drive
to Sommerville Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Buffalo Springs Drive From 200 feet north of Cedar Lake Drive
to 185 feet south of Cedar Lake Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Calaveras Court
From 260 feet northwest of Sommerville
Drive
to Sommerville Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Cedar Lake Drive From 135 feet west of Buffalo Springs Drive
to White River Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
La Cima Boulevard From 255 feet southwest of Amistad Drive
to 260 feet northeast of Amistad Drive
7:15 AM to 8:00 AM
2:35 PM to 4:00 PM 20
La Cima Boulevard From 300 feet southwest of Arrowhead Drive
to 300 feet northeast of Arrowhead Drive
7:15 AM to 8:00 AM
2:35 PM to 4:00 PM 20
Livingston Drive From 180 feet northwest of Salada Drive
to Twin Buttes Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Monticello Drive
From 130 feet northwest of La Cima
Boulevard
to La Cima Boulevard
7:15 AM to 8:00 AM
2:35 PM to 4:00 PM 20
Salada Drive From Livingston Drive
to 175 feet north east of Livingston Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Sommerville Drive From White River Drive
to Livingston Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Texana Drive From Livingston Drive
to 180 feet northeast of Livingston Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Twin Buttes Drive From Livingston Drive
to 170 feet northeast of Livingston Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
White River Drive From 190 feet south of Cedar Lake Drive
to 280 feet north of Sommerville Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Rucker Elementary School
Craig Road From 100 feet north of Preston Road
to 100 feet south of First Street
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Page 33
Item 4.
Ordinance No. 2021-__, Page 4
Stuber Elementary School
Fishtrap Road From 300 feet west of Village Park Lane
to 610 feet east of Village Park Lane
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Village Park Lane From Fishtrap Road
to Highland Street
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Clearwater Drive From 210 feet west of Village Park Lane
to Village Park Lane
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Shadow Ridge Drive From 215 feet west of Village Park Lane
to Village Park Lane
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Highland Street From 160 feet west of Village Park Lane
to Village Park Lane
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Zilker Parkway From 160 south of Highland Street
to Highland Street
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Windsong Elementary School
Fishtrap Road From 260 feet west of Windsong Parkway
to 220 feet east of Windsong Parkway
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Windsong Parkway From 120 feet north of Fishtrap Road
to 120 feet south of Fishtrap Road
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Fishtrap Road From 300 feet west of Redstem Drive
to 300 feet east of Copper Canyon Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Paddock Lane From 265 feet west of Redstem Drive
to Redstem Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Porosa Lane From 200 feet west of Redstem Drive
to Redstem Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Copper Canyon Drive From 115 feet south of Marigold Lane
to Fishtrap Road
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Redstem Drive From 125 feet south of Marigold Lane
to Fishtrap Road
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Marigold Lane From 145 feet west of Redstem Drive
to 135 feet east of Copper Canyon Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Lantana Lane From 200 feet east of Copper Canyon Drive
to Copper Canyon Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Pine Leaf Lane From 265 feet east of Copper Canyon Drive
to Copper Canyon Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Prairie Clover Lane From 265 feet east of Copper Canyon Drive
to Copper Canyon Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Sweet Clover Drive From 265 feet east of Copper Canyon Drive
to Copper Canyon Drive
7:15 AM to 8:00 AM
2:35 PM to 3:20 PM 20
Page 34
Item 4.
Ordinance No. 2021-__, Page 5
Reynolds Middle School
Church Street From 30 feet north of Eighth Street
to Prosper ISD Property Line
7:45 AM to 8:30 AM
3:15 PM to 4:00 PM 20
Coleman Street From 160 feet north of Gorgeous Drive
to 60 feet south of Wilson Drive
7:45 AM to 8:30 AM
3:15 PM to 4:00 PM 20
Rogers Middle School
Coit Road From 300 feet south of Richland Boulevard
to 1,150 feet north of Richland Boulevard
7:30 AM to 8:30 AM
3:15 PM to 4:00 PM 20
Richland Boulevard From 300 feet west of Coit Road
to east end of roadway
7:30 AM to 8:30 AM
3:15 PM to 4:00 PM 20
Rushing Middle School
Fishtrap Road From 300 feet west of Chaucer Drive
to 190 feet west of Winsor Dr.
7:15 AM to 8:30 AM
2:35 PM to 4:00 PM 20
Chaucer Drive From Fishtrap Road
to Clearwater Drive
7:15 AM to 8:30 AM
2:35 PM to 4:00 PM 20
Grove Vale Drive From 30 feet south of Clearwater Drive
to Clearwater Drive
7:15 AM to 8:30 AM
2:35 PM to 4:00 PM 20
Clearwater Drive From 300 feet east of Chaucer Drive
to Grove Vale Drive
7:15 AM to 8:30 AM
2:35 PM to 4:00 PM 20
Prosper High School
Coleman Street From 110 feet east of Talon Lane
to 1,900 feet east of Talon Lane
8:05 AM to 8:50 AM
3:50 PM to 4:35 PM 20
Frontier Parkway
From 3,930 feet west of SH 289 (Preston
Road)
to 3,305 feet west of SH 289 (Preston Road)
8:05 AM to 8:50 AM
3:50 PM to 4:35 PM 20
SECTION 3
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of
the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for
any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting
ordinances shall remain in full force and effect.
SECTION 4
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason,
held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The Town of Prosper hereby
declares that it would have passed this Ordinance, and each section, subsection, clause or phrase
thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses,
and phrases be declared unconstitutional.
Page 35
Item 4.
Ordinance No. 2021-__, Page 6
SECTION 5
Any person, firm or corporation violating any of the provisions or terms of this Ordinance
shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by fine not to
exceed the sum of five hundred dollars ($500.00) for each offense.
SECTION 6
This Ordinance shall become effective after its passage and publication, as required by
law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 27TH DAY OF JULY, 2021.
APPROVED:
___________________________________
Ray Smith, Mayor
ATTEST:
____________________________________
Robyn Battle, Interim Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_____________________________________
Terrence S. Welch, Town Attorney
Page 36
Item 4.
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr., Director of Engineering Services
Through: Harlan Jefferson, Town Manager
Rebecca Zook, Executive Director of Development & Infrastructure Services
Re: Town Council Meeting – July 27, 2021
Agenda Item:
Consider and act upon awarding CSP No. 2021-52-B to Ratliff Hardscape, Ltd., related to
construction services for the Decorative Monument Signs – Fishtrap Road at Teel Parkway
project; and authorizing the Town Manager to execute a construction agreement for same.
Description of Agenda Item:
On June 17, 2021, four (4) Competitive Sealed Proposals (CSP) were received for the Decorative
Monument Signs – Fishtrap Road at Teel Parkway project. Facility Solutions Group’s proposal
was deemed non-responsive due to submission of an incomplete pricing proposal. The project
was advertised using the Competitive Sealed Proposal Construction alternative procurement
method to allow the Town to award the project to the contractor that offers the best value proposal
based on the following criteria:
Qualifications and Experience (30%)
o Outline contractor and subcontractor experience with similar projects.
o Outline qualifications of key personnel assigned to this project.
o Provide references.
Project Timeline (20%)
Cost Proposal (50%)
The verified proposal totals ranged between $111,900.00 and $197,290.00. The Engineer's
Estimate was $198,400.00. The proposal final completion times were all 90 calendar days. Ratliff
Hardscape, Ltd., was the firm that ranked the highest after consideration of Cost, Time, and
Qualifications with a cost of $111,900.00, and a project timeline of 90 calendar days. Ratliff
Hardscape, Ltd., successfully completed the Decorative Monument Signs – Prosper Trail at Coit
Road project in 2020, for $145,359.48. The Prosper Trail at Coit Road project had plantings,
irrigation repairs and replacement of stamped concrete at the median noses that are not necessary
with the Fishtrap Road at Teel Parkway project.
Prosper is a place where everyone matters.
ENGINEERING
SERVICES
Page 37
Item 5.
Page 2 of 2
Budget Impact:
The cost for the construction of the Decorative Monument Signs – Fishtrap Road at Teel Parkway
project, is $111,900.00. Funding is available from the Fishtrap Segment 4 (2017-ST) project. The
funding source is Account No. 750-6610-10-00-2017-ST.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard construction
agreement as to form and legality.
Attached Documents:
1. Location Map
2. Evaluation Matrix
3. Construction Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council award CSP No. 2021-52-B to Ratliff Hardscape,
Ltd., related to construction services for the Decorative Monument Signs – Fishtrap Road at Teel
Parkway project; and authorize the Town Manager to execute a construction agreement for same.
Proposed Motion:
I move to award CSP No. 2021-52-B to Ratliff Hardscape, Ltd., Inc., related to construction
services for the Decorative Monument Signs – Fishtrap Road at Teel Parkway project; and
authorize the Town Manager to execute a construction agreement for same.
Page 38
Item 5.
LOCATION MAP
DECORATIVE MONUMENT SIGNS
FISHTRAP ROAD AT TEEL PARKWAY
Fishtrap Road
Monument Signs Teel Parkway Monument Signs
Page 39
Item 5.
CSP NO. 2021-52-B
EVALUATION CRITERIA WEIGHTING POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
Qualifications and Experience 30%4.08 1.23 6.50 1.95 7.00 2.10
Proposed Project Timeline 20%10.00 2.00 10.00 2.00 10.00 2.00
Cost Proposal 50%6.14 3.07 5.67 2.84 10.00 5.00
TOTAL 100% 6.29 6.79 9.10
FISHTRAP ROAD AND TEEL PARKWAY DECORATIVE MONUMENT SIGNS
EVALUATION MATRIX A T CONSTRUCTION, LLC C. GREENSCAPING, LP RATLIFF HARDSCAPE, LTD
ATTACHMENT 2
Page 40
Item 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 company authorized to do business in Texas, (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. 2021-52-B
FISHTRAP ROAD AND TEEL PARKWAY DECORATIVE MONUMENT SIGNS
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
1
ATTACHMENT 3
Page 41
Item 5.
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 One Hundred Eleven Thousand Nine Hundred
dollars and no cents ($111,900.00). 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 75 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
2
ATTACHMENT 3
Page 42
Item 5.
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.)
3
ATTACHMENT 3
Page 43
Item 5.
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. 2021-52-B FISHTRAP ROAD AND TEEL PARKWAY
DECORATIVE MONUMENT SIGNS
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:
1. ensure proper completion of the Work. The Owner may use retained funds to pay
replacement or substitute contractors to complete unfinished or defective work;
2. ensure timely completion of the Work. The Owner may use retained funds to pay liquidated
damages; and
3. 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.
In the event of any disagreement or conflict concerning the interpretation of this Agreement, and
such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit such
disagreement to non-binding mediation.
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.
[Signatures continued on following page.]
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RATLIFF HARDSCAPE, LTD
TOWN OF PROSPER, TEXAS
By: BOODER MCWHORTER By: HARLAN JEFFERSON
Title: President & C.O.O. Title: Town Manager
Date: Date:
Address: 7410 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: hjefferson@prospertx.gov
ATTEST:
ROBYN BATTLE
Interim 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 27th day of July, A.D. 2021, 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. 2021-52-B
FISHTRAP ROAD AND TEEL PARKWAY DECORATIVE MONUMENT SIGNS
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.
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AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder
or the Plans, Specifications and Drawings, etc., accompanying the same shall in anywise affect its obligation on this
Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the
Contract, or to the Work or to the Specifications.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, and any other
applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in
Collin County or Dallas County to whom any requisite notices may be delivered and on whom service of process may
be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon’s
Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in two copies, each one of which shall be deemed an
original, this, the ________ day of ________________, 2021.
ATTEST: PRINCIPAL:
___________________________________
Company Name
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Typed/Printed Name Typed/Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
[Signatures continued on following page.]
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ATTEST: SURETY:
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Printed Name Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice and service of the
process is:
NAME:
STREET ADDRESS:
CITY, STATE, ZIP:
NOTE: Date on Page 1 of Performance Bond must be same date as Contract. Date on Page 2 of Performance Bond
must be after date of Contract. If Resident Agent is not a corporation, give a person’s name.
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Item 5.
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 27th day of July, A.D. 2021, 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. 2021-52-B
FISHTRAP ROAD AND TEEL PARKWAY DECORATIVE MONUMENT SIGNS
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
17
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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 _________________, 2021.
ATTEST: PRINCIPAL:
___________________________________
Company Name
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Typed/Printed Name Typed/Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
[Signatures continued on following page.]
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ATTEST: SURETY:
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Printed Name Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice and service of the
process is:
NAME:
STREET ADDRESS:
CITY, STATE, ZIP:
NOTE: Date on Page 1 of Performance Bond must be same date as Contract. Date on Page 2 of Performance Bond
must be after date of Contract. If Resident Agent is not a corporation, give a person’s name.
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Item 5.
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
27th day of July, 2021, to furnish all permits, licenses, bonds, insurance, products, materials, equipment, labor,
supervision, and other accessories necessary for the construction of:
CSP NO. 2021-52-B
FISHTRAP ROAD AND TEEL PARKWAY DECORATIVE MONUMENT SIGNS
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.
20
ATTACHMENT 3
Page 60
Item 5.
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 ____________, 2021.
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.]
21
ATTACHMENT 3
Page 61
Item 5.
ATTEST: SURETY:
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Printed Name Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
22
ATTACHMENT 3
Page 62
Item 5.
2021-52-B
Fishtrap Road and Teel Parkway Decorative Monument Signs
Issue Date:5/24/2021
Questions Deadline:6/10/2021 12:00 PM (CT)
Response Deadline:6/17/2021 02:00 PM (CT)
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
Email:jcook@prospertx.gov
Page 1 of 14 pages Deadline: 6/17/2021 02:00 PM (CT)2021-52-B
23
ATTACHMENT 3
Page 63
Item 5.
Event Information
Number:2021-52-B
Title:Fishtrap Road and Teel Parkway Decorative Monument Signs
Type:Competitive Sealed Proposal
Issue Date:5/24/2021
Question Deadline:6/10/2021 12:00 PM (CT)
Response Deadline:6/17/2021 02:00 PM (CT)
Notes:Engineer's Estimate: $198,400
The Town of Prosper is accepting competitive sealed proposals for CSP NO. 2021-
52-B FISHTRAP ROAD AND TEEL PARKWAY DECORATIVE MONUMENT
SIGNS. 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, JUNE 17, 2021. Any proposals received after this time will not be
accepted, and will be returned unopened. The proposal opening will be held online
on THURSDAY, JUNE 17, 2021 @ 3:00 P.M. To participate in the proposal opening,
please use the following:
Join Zoom Meeting: https://us02web.zoom.us/j/88350917350
Meeting ID: 883 5091 7350
Dial-in any of these numbers: +1 929 436 2866, +1 312 626 6799, +1 669 900
6833,
+1 253 215 8782, +1 301 715 8592 or +1 346 248 7799
The Project consists of furnishing all labor, equipment and materials (except as
otherwise specified), and performing all work necessary for the construction of four
(4) decorative stone and steel LED illuminated signs.
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 Engineering Department, 250 W. First Street, Prosper, Texas, 75078,
Phone: (972) 569-1198 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
Page 2 of 14 pages Deadline: 6/17/2021 02:00 PM (CT)2021-52-B
24
ATTACHMENT 3
Page 64
Item 5.
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
submitted in writing through IonWave.net, the Town’s e-procurement system, or
emailed directly to January Cook, CPPO, CPPB, Purchasing Manager, at
jcook@prospertx.gov. The deadline for receipt of questions and requests for
clarifications is 12:00 P.M. on THURSDAY, JUNE 10, 2021. 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 List.
Ship To 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
Email:jcook@prospertx.gov
Billing Information
Contact:Accounts Payable
Address:Finance
Town Hall
3rd Floor
250 W. First St.
P.O. Box 307
Prosper, TX 75078
Phone:(972) 569-1017
Email:ap@prospertx.gov
Bid Activities
Online Public Proposal Opening 6/17/2021 3:00:00 PM (CT)
The proposal opening will be held online on THURSDAY, JUNE 17 , 2021 @ 3:00 P.M. To participate in the proposal
opening, please use the following:
Join Zoom Meeting: https://us02web.zoom.us/j/88350917350
Meeting ID: 883 5091 7350
Dial-in any of these numbers: +1 929 436 2866, +1 312 626 6799, +1 669 900 6833,+1 253 215 8782, +1 301 715
8592 or +1 346 248 7799
Bid Attachments
CSP No. 2021-52-B -Contract Documents and Specifications.pdf Download
CSP No. 2021-52-B -Contract Documents and Specifications
CSP No. 2021-52-B Construction Plans.pdf Download
CSP No. 2021-52-B Construction Plans
Page 3 of 14 pages Deadline: 6/17/2021 02:00 PM (CT)2021-52-B
25
ATTACHMENT 3
Page 65
Item 5.
Standard Terms and Conditions for Procurements Construction V 4-24-20.pdf Download
Standard Terms and Conditions for Procurements Construction
GENERAL CONDITIONS CIP 2-21-2020.pdf Download
GENERAL CONDITIONS CIP 2-21-2020
Insurance Requirements for Construction Services R7-25-19.pdf Download
Insurance Requirements for Construction Services
CSP No. 2021-52-B Bid Bond.pdf Download
CSP No. 2021-52-B Bid Bond
CIP Completed Projects and References Worksheet 5-7-20 - Fillable.pdf Download
CIP Completed Projects and References Worksheet
Out of State Contractor Compliance Form.pdf Download
Out of State Contractor Compliance Form
Conflict of Interest Questionnaire - fillable.pdf Download
Conflict of Interest Questionnaire
CSP No. 2021-52-B Planholder Registration Form.pdf Download
CSP No. 2021-52-B Planholder Registration Form
Requested Attachments
Bid Bond
(Attachment required)
Bid Bond should be completed and submitted on the form provided in this CSP
Attachment A1
(Attachment required)
Outline contractor and subcontractor experience with similar projects
Attachment A2
(Attachment required)
Submit resumes for key personnel that will be assigned to the project (executive and management team, as well as
on-site project manager)
Attachment A3
(Attachment required)
Complete and Submit the Completed Projects and References Worksheet
Attachment A4
(Attachment required)
Submit a copy of an actual project schedule used during construction for same or similar project. This should not be a
newly created project schedule for this project.
Conflict of Interest Questionnaire
Only submit if applicable
Out of State Contractor Compliance Form
Only submit if applicable
Page 4 of 14 pages Deadline: 6/17/2021 02:00 PM (CT)2021-52-B
26
ATTACHMENT 3
Page 66
Item 5.
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
(Required: Check if applicable)
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
(Required: Check if applicable)
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
(Required: Check if applicable)
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
(Required: Check if applicable)
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
(Required: Check if applicable)
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
(Required: Check if applicable)
Page 5 of 14 pages Deadline: 6/17/2021 02:00 PM (CT)2021-52-B
27
ATTACHMENT 3
Page 67
Item 5.
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
(Required: Check if applicable)
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
(Required: Check if applicable)
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
(Required: Check if applicable)
10 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
(Required: Check if applicable)
11 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 on which he has bid 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
(Required: Check if applicable)
12 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
(Required: Check if applicable)
13 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
(Required: Check if applicable)
Page 6 of 14 pages Deadline: 6/17/2021 02:00 PM (CT)2021-52-B
28
ATTACHMENT 3
Page 68
Item 5.
14 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
(Required: Check if applicable)
15 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
(Required: Check if applicable)
16 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
(Required: Check if applicable)
17 Base Bid
Cost of Materials
$
(Required: Numbers only)
18 Base Bid
Cost of Labor, Profit, etc.
$
(Required: Numbers only)
19 Addendum No. 1
Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued)
Acknowledged
(Optional: Check if applicable)
20 Addendum No. 2
Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued)
Acknowledged
(Optional: Check if applicable)
21 Addendum No. 3
Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued)
Acknowledged
(Optional: Check if applicable)
22 Addendum No. 4
Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued)
Acknowledged
(Optional: Check if applicable)
Page 7 of 14 pages Deadline: 6/17/2021 02:00 PM (CT)2021-52-B
29
ATTACHMENT 3
Page 69
Item 5.
23 Addendum No. 5
Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued)
Acknowledged
(Optional: Check if applicable)
24 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.
(Optional: Maximum 1000 characters allowed)
25 Subcontractor 1 - Type of Work
(Optional: Maximum 1000 characters allowed)
26 Subcontractor 1 - % of Work
%
(Optional)
27 Subcontractor 2 - Name
(Optional: Maximum 1000 characters allowed)
28 Subcontractor 2 - Type of Work
(Optional: Maximum 1000 characters allowed)
29 Subcontractor 2 - % of Work
%
(Optional)
30 Subcontractor 3 - Name
(Optional: Maximum 1000 characters allowed)
Page 8 of 14 pages Deadline: 6/17/2021 02:00 PM (CT)2021-52-B
30
ATTACHMENT 3
Page 70
Item 5.
31 Subcontractor 3 - Type of Work
(Optional: Maximum 1000 characters allowed)
32 Subcontractor 3 - % of Work
%
(Optional)
33 Subcontractor 4 - Name
(Optional: Maximum 1000 characters allowed)
34 Subcontractor 4 - Type of Work
(Optional: Maximum 1000 characters allowed)
35 Subcontractor 4 - % of Work
%
(Optional)
36 Subcontractor 5 - Name
(Optional: Maximum 1000 characters allowed)
37 Subcontractor 5 - Type of Work
(Optional: Maximum 1000 characters allowed)
38 Subcontractor 5 - % of Work
%
(Optional)
Page 9 of 14 pages Deadline: 6/17/2021 02:00 PM (CT)2021-52-B
31
ATTACHMENT 3
Page 71
Item 5.
39 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.
(Optional: Maximum 1000 characters allowed)
40 Supplier 1 - Type of Material/Equipment
(Optional: Maximum 1000 characters allowed)
41 Supplier 2 - Name
(Optional: Maximum 1000 characters allowed)
42 Supplier 2 - Type of Material/Equipment
(Optional: Maximum 1000 characters allowed)
43 Supplier 3 - Name
(Optional: Maximum 1000 characters allowed)
44 Supplier 3 - Type of Material/Equipment
(Optional: Maximum 1000 characters allowed)
45 Supplier 4 - Name
(Optional: Maximum 1000 characters allowed)
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32
ATTACHMENT 3
Page 72
Item 5.
46 Supplier 4 - Type of Material/Equipment
(Optional: Maximum 1000 characters allowed)
47 Supplier 5 - Name
(Optional: Maximum 1000 characters allowed)
48 Supplier 5 - Type of Material/Equipment
(Optional: Maximum 1000 characters allowed)
49 Project Timeline: Substantial Completion
Provide number of days to reach substantial completion of all construction
(Required: Numbers only)
50 Project Timeline: Final Completion
Provide number of days to reach final completion of all construction
(Required: Numbers only)
Bid Lines
1 Mobilization and Move-in, not to exceed 5-percent
(Response required)
Quantity:1 UOM:LS Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
2 Furnish, Install, Maintain, and Remove all Traffic Control Devices, including any temporary arrow and/or
message boards and all incidentals
(Response required)
Quantity:3 UOM:MO Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
Page 11 of 14 pages Deadline: 6/17/2021 02:00 PM (CT)2021-52-B
33
ATTACHMENT 3
Page 73
Item 5.
3 Furnish and Install Capital Improvement Sign
(Response required)
Quantity:2 UOM:EA Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
4 Furnish and Install Decorative Masonry Sign with Reinforced Concrete Footing, including all incidentials
(Response required)
Quantity:4 UOM:EA Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
5 Furnish and Install TEEL PARKWAY Corten Panel w/ 4-inch Void, Cut-out Lettering, Push Through Acrylic Letters
w/ Vinyl, Pin Mounted Windmill Branding, including all incidentals
(Response required)
Quantity:4 UOM:EA Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
6 Furnish and Install FISHTRAP ROAD Corten Panel w/ 4-inch Void, Cut-out Lettering, Push Through Acrylic
Letters w/ Vinyl, Pin Mounted Windmill Branding, including all incidentals
(Response required)
Quantity:4 UOM:EA Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
7 Furnish and Install LED Driver with Internal LED Illumination (AC Source), including all incidentals
(Response required)
Quantity:8 UOM:EA Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
8 Furnish and Install Powder Coated (Color RAL8008) TxDOT TYD(120/240)070(NS)AL(E)PS(U) Electrical
Pedestal, Service, and Wiring, including connecting to existing power source and all incidentals
(Response required)
Quantity:1 UOM:EA Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
Page 12 of 14 pages Deadline: 6/17/2021 02:00 PM (CT)2021-52-B
34
ATTACHMENT 3
Page 74
Item 5.
9 Furnish and Install 2-inch SCH40 PVC Conduit by Bore, including all incidentals
(Response required)
Quantity:610 UOM:LF Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
10 Furnish and Install TY C Pull Box
(Response required)
Quantity:8 UOM:EA Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
Page 13 of 14 pages Deadline: 6/17/2021 02:00 PM (CT)2021-52-B
35
ATTACHMENT 3
Page 75
Item 5.
2021-52-B
Ratliff Hardscape, Ltd
Ratliff Hardscape, Ltd
Supplier Response
Event Information
Number:2021-52-B
Title:Fishtrap Road and Teel Parkway Decorative Monument Signs
Type:Competitive Sealed Proposal
Issue Date:5/24/2021
Deadline:6/17/2021 02:00 PM (CT)
Notes:Engineer's Estimate: $198,400
The Town of Prosper is accepting competitive sealed proposals for
CSP NO. 2021-52-B FISHTRAP ROAD AND TEEL PARKWAY
DECORATIVE MONUMENT SIGNS. 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, JUNE 17, 2021. Any proposals received after
this time will not be accepted, and will be returned unopened. The
proposal opening will be held online on THURSDAY, JUNE 17, 2021
@ 3:00 P.M. To participate in the proposal opening, please use the
following:
Join Zoom Meeting: https://us02web.zoom.us/j/88350917350
Meeting ID: 883 5091 7350
Dial-in any of these numbers: +1 929 436 2866, +1 312 626 6799, +1
669 900 6833,
+1 253 215 8782, +1 301 715 8592 or +1 346 248 7799
Page 1 of 10 pages Vendor: Ratliff Hardscape, Ltd 2021-52-B
36
ATTACHMENT 3
Page 76
Item 5.
The Project consists of furnishing all labor, equipment and materials
(except as otherwise specified), and performing all work necessary for
the construction of four (4) decorative stone and steel LED illuminated
signs.
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 Engineering Department, 250 W. First
Street, Prosper, Texas, 75078, Phone: (972) 569-1198 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 submitted in writing through IonWave.net, the Town’s e-
procurement system, or emailed directly to January Cook, CPPO,
CPPB, Purchasing Manager, at jcook@prospertx.gov. The deadline
for receipt of questions and requests for clarifications is 12:00 P.M. on
THURSDAY, JUNE 10, 2021. 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 List.
Contact Information
Page 2 of 10 pages Vendor: Ratliff Hardscape, Ltd 2021-52-B
37
ATTACHMENT 3
Page 77
Item 5.
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
Email:jcook@prospertx.gov
Page 3 of 10 pages Vendor: Ratliff Hardscape, Ltd 2021-52-B
38
ATTACHMENT 3
Page 78
Item 5.
Ratliff Hardscape, Ltd Information
Contact:Lisa McBurrows
Address:1740 MIDWAY RD
Lewisville
Lewisville, TX 75056
Phone:(972) 436-2508
Email:lisa@ratliffhardscape.com
Web Address:www.ratliffcompanies.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 6/17/2021 12:25:55 PM
Requested Attachments
Bid Bond Fishtrap Rd and Teel Prkwy Bid Bond 2021-06.17.pdf
Bid Bond should be completed and submitted on the form provided in this CSP
Attachment A1 Contractor and Subcontractor Experiences.pdf
Outline contractor and subcontractor experience with similar projects
Attachment A2 B McWhorter Resume 2018-12.11.doc
Submit resumes for key personnel that will be assigned to the project (executive and management team, as well as
on-site project manager)
Attachment A3 References Worksheet 2021-06.17.pdf
Complete and Submit the Completed Projects and References Worksheet
Attachment A4 Construction Schedule.pdf
Submit a copy of an actual project schedule used during construction for same or similar project. This should not be a
newly created project schedule for this project.
Conflict of Interest Questionnaire Conflict of Interest.pdf
Only submit if applicable
Out of State Contractor Compliance Form No response
Only submit if applicable
Response Attachments
Town-of-Prosper_Ratliff-Hardsca_21-22-Builder's_3-23-2021_1622766927_1.pdf
COI
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 (I Agree)
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39
ATTACHMENT 3
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Item 5.
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 (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 (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 (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 (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 (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 (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 (I Agree)
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40
ATTACHMENT 3
Page 80
Item 5.
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 (I Agree)
10 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 (I Agree)
11 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 on which he has bid 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 (I Agree)
12 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 (I Agree)
13 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 (I Agree)
14 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 (I Agree)
15 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 (I Agree)
16 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 (I Agree)
Page 6 of 10 pages Vendor: Ratliff Hardscape, Ltd 2021-52-B
41
ATTACHMENT 3
Page 81
Item 5.
17 Base Bid
Cost of Materials
$67140.00
18 Base Bid
Cost of Labor, Profit, etc.
$44760.00
19 Addendum No. 1
Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued)
Acknowledged (Acknowledged)
20 Addendum No. 2
Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued)
Acknowledged (Acknowledged)
21 Addendum No. 3
Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued)
Acknowledged (Acknowledged)
22 Addendum No. 4
Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued)
Acknowledged (Acknowledged)
23 Addendum No. 5
Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued)
Acknowledged (Acknowledged)
24 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.
Illuminations by Greenlee
25 Subcontractor 1 - Type of Work
Electrician
26 Subcontractor 1 - % of Work
25%
27 Subcontractor 2 - Name
Ratliff Iron Works
28 Subcontractor 2 - Type of Work
Sign and Lettering
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42
ATTACHMENT 3
Page 82
Item 5.
29 Subcontractor 2 - % of Work
25%
30 Subcontractor 3 - Name
No response
31 Subcontractor 3 - Type of Work
No response
32 Subcontractor 3 - % of Work
No response
33 Subcontractor 4 - Name
No response
34 Subcontractor 4 - Type of Work
No response
35 Subcontractor 4 - % of Work
No response
36 Subcontractor 5 - Name
No response
37 Subcontractor 5 - Type of Work
No response
38 Subcontractor 5 - % of Work
No response
39 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.
N/A
40 Supplier 1 - Type of Material/Equipment
No response
41 Supplier 2 - Name
No response
42 Supplier 2 - Type of Material/Equipment
No response
43 Supplier 3 - Name
No response
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43
ATTACHMENT 3
Page 83
Item 5.
44 Supplier 3 - Type of Material/Equipment
No response
45 Supplier 4 - Name
No response
46 Supplier 4 - Type of Material/Equipment
No response
47 Supplier 5 - Name
No response
48 Supplier 5 - Type of Material/Equipment
No response
49 Project Timeline: Substantial Completion
Provide number of days to reach substantial completion of all construction
75
50 Project Timeline: Final Completion
Provide number of days to reach final completion of all construction
90
Bid Lines
1 Mobilization and Move-in, not to exceed 5-percent
Quantity:1 UOM:LS Unit Price:$5,000.00 Total:$5,000.00
2 Furnish, Install, Maintain, and Remove all Traffic Control Devices, including any temporary arrow and/or
message boards and all incidentals
Quantity:3 UOM:MO Unit Price:$3,125.00 Total:$9,375.00
3 Furnish and Install Capital Improvement Sign
Quantity:2 UOM:EA Unit Price:$1,000.00 Total:$2,000.00
4 Furnish and Install Decorative Masonry Sign with Reinforced Concrete Footing, including all incidentials
Quantity:4 UOM:EA Unit Price:$2,035.00 Total:$8,140.00
5 Furnish and Install TEEL PARKWAY Corten Panel w/ 4-inch Void, Cut-out Lettering, Push Through Acrylic Letters
w/ Vinyl, Pin Mounted Windmill Branding, including all incidentals
Quantity:4 UOM:EA Unit Price:$6,050.00 Total:$24,200.00
6 Furnish and Install FISHTRAP ROAD Corten Panel w/ 4-inch Void, Cut-out Lettering, Push Through Acrylic
Letters w/ Vinyl, Pin Mounted Windmill Branding, including all incidentals
Quantity:4 UOM:EA Unit Price:$6,050.00 Total:$24,200.00
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44
ATTACHMENT 3
Page 84
Item 5.
7 Furnish and Install LED Driver with Internal LED Illumination (AC Source), including all incidentals
Quantity:8 UOM:EA Unit Price:$2,313.00 Total:$18,504.00
8 Furnish and Install Powder Coated (Color RAL8008) TxDOT TYD(120/240)070(NS)AL(E)PS(U) Electrical
Pedestal, Service, and Wiring, including connecting to existing power source and all incidentals
Quantity:1 UOM:EA Unit Price:$10,925.00 Total:$10,925.00
9 Furnish and Install 2-inch SCH40 PVC Conduit by Bore, including all incidentals
Quantity:610 UOM:LF Unit Price:$10.00 Total:$6,100.00
10 Furnish and Install TY C Pull Box
Quantity:8 UOM:EA Unit Price:$432.00 Total:$3,456.00
Response Total: $111,900.00
Page 10 of 10 pages Vendor: Ratliff Hardscape, Ltd 2021-52-B
45
ATTACHMENT 3
Page 85
Item 5.
46
ATTACHMENT 3
Page 86
Item 5.
47
ATTACHMENT 3
Page 87
Item 5.
48
ATTACHMENT 3
Page 88
Item 5.
49
ATTACHMENT 3
Page 89
Item 5.
Page 1 of 2
To: Mayor and Town Council
From: Frank E. Jaromin, P.E., Director of Public Works
Through: Harlan Jefferson, Town Manager
Rebecca Zook, P.E., Executive Director of Development & Infrastructure
Services
Re: Town Council Meeting – July 27, 2021
Agenda Item:
Consider and act upon awarding CSP No. 2021-38-B to Reliable Paving, Inc. related to
construction services for Prosper Public Works Roadway Improvements 2021 project; and
authorizing the Town Manager to execute a construction agreement for same.
Description of Agenda Item:
On June 10, 2020, at 2:00 PM, four (4) Competitive Sealed Proposals (CSP) were received for
Prosper Public Works Roadway Improvements 2021 project. The project was advertised using the
CSP Construction alternative procurement method to allow the Town to award the project to the
contractor that offers the best value proposal based on the following criteria:
Qualifications and Experience (30%)
o Outline contractor and subcontractor experience with similar projects.
o Outline qualifications of key personnel assigned to the project.
o Provide references.
Project Timeline (20%)
Cost Proposal (50%)
The verified cost proposals ranged between $578,718.79 and $691,337.00. The Engineer’s
Estimate was $690,070.00. The proposed project completion times ranged from 130 calendar
days to 200 calendar days. Reliable Paving, Inc. was the firm that ranked the highest after
consideration of Cost, Time, and Qualifications, with a cost of $578,718.79, and project completion
time of 180 calendar days. Reliable Paving, Inc. was recently awarded CSP No. 2020-40-B Coit
Road, US 380 SB Right Turn Lane, and CSP No. 2021-16-B Coit Road at US 380 Paving and
Striping Improvements. Staff has reported good performance on these projects.
Reliable Paving, Inc. costs include the reconstruction of Pasewark Circle (Preston Road to the
end), West Sixth Street (Main Street west to the alley), and Crown Colony Drive (between Bradford
Prosper is a place where everyone matters.
PUBLIC WORKS
Page 90
Item 6.
Page 2 of 2
Drive and Meadow Run Drive). Pasewark Circle and West Sixth Street will be reconstructed with
18-foot-wide, six-inch reinforced concrete pavement with six-inch cement stabilized subgrade.
Crown Colony Drive will be replaced back to the original limits with six-inch reinforced concrete
pavement and six-inch cement stabilized subgrade. In addition, Crown Colony Drive will include
replacement of existing sidewalks, handicap ramps, and storm water inlets. Crown Colony will be
closed to one-way traffic Northbound; Sixth Street and Pasewark Road will be one lane during
construction. Fire Department and PISD will be notified of the closure.
Budget Impact:
The cost for construction is $578,718.79 and will be funded from Annual Street Contract Services,
Account No. 100-5485-50-01.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard construction
agreement as to form and legality.
Attached Documents:
1. Location Map
2. Evaluation Matrix
3. Construction Agreement
Town Staff Recommendation:
Town staff recommends awarding CSP No. 2021-38-B to Reliable Paving, Inc. related to
construction services for Prosper Public Works Roadway Improvements 2021 project; and
authorizing the Town Manager to execute a construction agreement for same.
Proposed Motion:
I move to award CSP No. 2021-38-B to Reliable Paving, Inc. related to construction services for
Prosper Public Works Roadway Improvements 2021 project; and authorize the Town Manager to
execute a construction agreement for same.
Page 91
Item 6.
PRESTONFM 1385FISHTRAP
GEEDALLASCOITLA CIMACOLEMANVICTORY
UNIVERSITY LEGACYFIRSTTEELPROSPER
PRAIRIE
RICHLA N D
LOVERS
FRONTIER
CUSTERSHAWNEEThis map is for illustration purposes only.
E BROADWAY ST
CROWN COLONY DRRIDGEWOOD DRW SIXTH STN MAINSTW BROADWAY ST
S MAIN STBRADFORD DR
MEADOW RUN DR
E SIXTH ST
HICKORY CREEK DR
PASEWARK CIR
SCOLEMANSTN COLEMAN STSPRESTON RDN PRESTON RDCSP 2021-38-B
Public Works Roadway Improvement Project 2021
¯
0 500 1,000
Feet
Page 92
Item 6.
CSP NO. 2021-38-B
EVALUATION CRITERIA WEIGHTING POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
Qualifications and Experience 30%7.60 2.28 7.38 2.21 8.16 2.45 7.33 2.20
Proposed Project Timeline 20%6.50 1.30 8.13 1.63 7.22 1.44 10.00 2.00
Cost Proposal 50%8.85 4.43 8.66 4.33 10.00 5.00 8.37 4.19
TOTAL 100%8.01 8.17 8.89 8.39
URBAN
INFRACONSTRUCTION
LLC
PROSPER PUBLIC WORKS ROAD IMPROVEMENTS 2021
EVALUATION MATRIX GROD CONSTRUCTION,
LLC
HQS CONSTRUCTION RELIABLE PAVING, INC.
ATTACHMENT 2
Page 93
Item 6.
CSP NO: 2021-38-B PROSPER PUBLIC WORKS ROAD IMPROVEMENTS 2021
(Document Version 01/21)
1
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 Reliable Paving, Inc., a
company authorized to do business in Texas, (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. 2021-38-B
PROSPER PUBLIC WORKS ROAD IMPROVEMENTS 2021
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
Attachment 3
Page 94
Item 6.
CSP NO: 2021-38-B PROSPER PUBLIC WORKS ROAD IMPROVEMENTS 2021
(Document Version 01/21)
2
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 Five Hundred Seventy-Eight Thousand Seven
Hundred Eighteen dollars and Seventy-Nine cents ($578,718.79). 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 30
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
Attachment 3
Page 95
Item 6.
CSP NO: 2021-38-B PROSPER PUBLIC WORKS ROAD IMPROVEMENTS 2021
(Document Version 01/21)
3
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.)
Attachment 3
Page 96
Item 6.
CSP NO: 2021-38-B PROSPER PUBLIC WORKS ROAD IMPROVEMENTS 2021
(Document Version 01/21)
4
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. 2021-38-B
PROSPER PUBLIC WORKS ROAD IMPROVEMENTS 2021
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
Attachment 3
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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.
Attachment 3
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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:
1. ensure proper completion of the Work. The Owner may use retained funds to pay
replacement or substitute contractors to complete unfinished or defective work;
2. ensure timely completion of the Work. The Owner may use retained funds to pay liquidated
damages; and
3. 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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Item 6.
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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
Attachment 3
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Item 6.
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(Document Version 01/21)
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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
Attachment 3
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Item 6.
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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
Attachment 3
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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.
In the event of any disagreement or conflict concerning the interpretation of this Agreement, and
such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit such
disagreement to non-binding mediation.
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.
[Signatures continued on following page.]
Attachment 3
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Item 6.
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RELIABLE PAVING, INC.
TOWN OF PROSPER, TEXAS
By: ___________________________________ By: HARLAN JEFFERSON
Title: ___________________________________ Title: Town Manager
Date: Date:
Address: 1903 Peyco Dr. North
Arlington, Texas 76001
Phone: (817) 467-0779
Email: marty@reliablepaving.com
Address: 250 W. First St.
P.O. Box 307
Prosper, Texas 75078
Phone: (972) 346-2640
Email: hjefferson@prospertx.gov
ATTEST:
ROBYN BATTLE
Interim Town Secretary
Attachment 3
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Item 6.
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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 27th day of July, A.D. 2021, 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. 2021-38-B
PROSPER PUBLIC WORKS ROAD IMPROVEMENTS 2021
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.
Attachment 3
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Item 6.
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AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder
or the Plans, Specifications and Drawings, etc., accompanying the same shall in anywise affect its obligation on this
Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the
Contract, or to the Work or to the Specifications.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, and any other
applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in
Collin County or Dallas County to whom any requisite notices may be delivered and on whom service of process may
be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon’s
Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in two copies, each one of which shall be deemed an
original, this, the ________ day of ________________, 2021.
ATTEST: PRINCIPAL:
___________________________________
Company Name
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Typed/Printed Name Typed/Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
[Signatures continued on following page.]
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Item 6.
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ATTEST: SURETY:
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Printed Name Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice and service of the
process is:
NAME:
STREET ADDRESS:
CITY, STATE, ZIP:
NOTE: Date on Page 1 of Performance Bond must be same date as Contract. Date on Page 2 of Performance Bond
must be after date of Contract. If Resident Agent is not a corporation, give a person’s name.
Attachment 3
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Item 6.
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PAYMENT BOND
STATE OF TEXAS )
)
COUNTY OF COLLIN )
KNOW ALL MEN BY THESE PRESENTS: That __________________ whose address is
____________________________________________________________________________, hereinafter called
Principal, and__________________________________________________________, a corporation organized and
existing under the laws of the State of ______________________________, and fully licensed to transact business in
the State of Texas, as Surety, are held and firmly bound unto the TOWN OF PROSPER, a home-rule municipal
corporation organized and existing under the laws of the State of Texas, hereinafter called “Owner”, and unto all
persons, firms, and corporations who may furnish materials for, or perform labor upon the building or improvements
hereinafter referred to in the penal sum of ___________________________________ 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 27th day of July A.D. 2021, 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. 2021-38-B
PROSPER PUBLIC WORKS ROAD IMPROVEMENTS 2021
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
Attachment 3
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Item 6.
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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 _________________, 2021.
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
Page 111
Item 6.
CSP NO: 2021-38-B PROSPER PUBLIC WORKS ROAD IMPROVEMENTS 2021
(Document Version 01/21)
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
Page 112
Item 6.
CSP NO: 2021-38-B PROSPER PUBLIC WORKS ROAD IMPROVEMENTS 2021
(Document Version 01/21)
20
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
27th day of July, 2021, to furnish all permits, licenses, bonds, insurance, products, materials, equipment, labor,
supervision, and other accessories necessary for the construction of:
CSP NO. 2021-38-B
PROSPER PUBLIC WORKS ROAD IMPROVEMENTS 2021
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
Page 113
Item 6.
CSP NO: 2021-38-B PROSPER PUBLIC WORKS ROAD IMPROVEMENTS 2021
(Document Version 01/21)
21
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 ____________, 2021.
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
Page 114
Item 6.
CSP NO: 2021-38-B PROSPER PUBLIC WORKS ROAD IMPROVEMENTS 2021
(Document Version 01/21)
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
Attachment 3
Page 115
Item 6.
2021-38-B Addendum 3
Prosper Public Works Road Improvements 2021
Issue Date:5/21/2021
Questions Deadline:6/3/2021 12:00 PM (CT)
Response Deadline:6/10/2021 02:00 PM (CT)
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
Email:jcook@prospertx.gov
Page 1 of 19 pages Deadline: 6/10/2021 02:00 PM (CT)2021-38-B Addendum 3
Attachment 3
Page 116
Item 6.
Event Information
Number:2021-38-B Addendum 3
Title:Prosper Public Works Road Improvements 2021
Type:Competitive Sealed Proposal
Issue Date:5/21/2021
Question Deadline:6/3/2021 12:00 PM (CT)
Response Deadline:6/10/2021 02:00 PM (CT)
Notes:Engineer's Estimate: $690,070
The Town of Prosper is accepting competitive sealed proposals for CSP NO. 2021-
38-B PROSPER PUBLIC WORKS ROAD IMPROVEMENTS 2021. 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, June 10,
2021. Any proposals received after this time will not be accepted, and will be
returned unopened. The proposal opening will be held online on Thursday, June 10,
2021 @ 3:00 P.M. To participate in the proposal opening, please use the following:
Join Zoom Meeting: https://us02web.zoom.us/j/84914766080
Meeting ID: 849 1476 6080
Dial-in any of these numbers: +1 929 436 2866, +1 312 626 6799, +1 669 900
6833, +1 253 215 8782, +1 301 715 8592 or +1 346 248-7799
The Project consists of furnishing all labor, equipment and materials (except as
otherwise specified), and performing all work necessary for the construction of
remove existing roadway and replace with cement treated subgrade, six inch
reinforced concrete pavement.
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 Public Works Department, 601 West Fifth Street, Prosper, Texas, 75078,
Phone: (972) 569-1056 without charge. These documents may be acquired from
that office for the non-refundable purchase price of $20.00 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
Page 2 of 19 pages Deadline: 6/10/2021 02:00 PM (CT)2021-38-B Addendum 3
Attachment 3
Page 117
Item 6.
following link: http://www.prospertx.gov/business/bid-opportunities/.
Questions and requests for clarifications in regards to this proposal should be
submitted in writing through IonWave.net, the Town’s e-procurement system, or
emailed directly to January Cook, CPPO, CPPB, Purchasing Manager, at
jcook@prospertx.gov. The deadline for receipt of questions and requests for
clarifications is 12:00 P.M. on Thursday June 3, 2021. 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 List.
Ship To 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
Email:jcook@prospertx.gov
Billing Information
Contact:Accounts Payable
Address:Finance
Town Hall
3rd Floor
250 W. First St.
P.O. Box 307
Prosper, TX 75078
Phone:(972) 569-1017
Email:ap@prospertx.gov
Bid Activities
Online Public Proposal Opening 6/10/2021 3:00:00 PM (CT)
The proposal opening will be held online on Thursday, June 10, 2021 @ 3:00 P.M. To participate in the proposal
opening, please use the following:
Join Zoom Meeting: https://us02web.zoom.us/j/84914766080
Meeting ID: 849 1476 6080
Dial-in any of these numbers +1 929 436 2866, +1 312 626 6799, +1 669 900 6833, +1 253 215 8782, +1 301 715
8592 or +1 346 248-7799
Bid Attachments
CSP No. 2021-38-B Contract Documents and Specifications - combined.pdf Download
CSP No. 2021-38-B Contract Documents and Specifications - combined
Standard Terms and Conditions for Procurements Construction V 4-24-20.pdf Download
Standard Terms and Conditions for Procurements Construction
GENERAL CONDITIONS CIP 2-21-2020.pdf Download
GENERAL CONDITIONS CIP 2-21-2020
Insurance Requirements for Construction Services R7-25-19.pdf Download
Insurance Requirements for Construction Services
CIP Completed Projects and References Worksheet 5-7-20 - Fillable.pdf Download
CIP Completed Projects and References Worksheet
Page 3 of 19 pages Deadline: 6/10/2021 02:00 PM (CT)2021-38-B Addendum 3
Attachment 3
Page 118
Item 6.
Out of State Contractor Compliance Form.pdf Download
Out of State Contractor Compliance Form
CSP No. 2021-38-B Planholder Registration Form.pdf Download
CSP No. 2021-38-B Planholder Registration Form
Conflict of Interest Questionnaire - fillable.pdf Download
Conflict of Interest Questionnaire
CSP No. 2021-38-B Bid Bond r6-8-21.pdf Download
CSP No. 2021-38-B Bid Bond
Requested Attachments
Bid Bond
(Attachment required)
Bid Bond should be completed and submitted on the form provided in this CSP
Attachment A1
(Attachment required)
Outline contractor and subcontractor experience with similar projects
Attachment A2
(Attachment required)
Submit resumes for key personnel that will be assigned to the project (executive and management team, as well as
on-site project manager)
Attachment A3
(Attachment required)
Complete and Submit the Completed Projects and References Worksheet
Attachment A4
(Attachment required)
Submit a copy of an actual project schedule used during construction for same or similar project. This should not be a
newly created project schedule for this project.
Conflict of Interest Questionnaire
Only submit if applicable
Out of State Contractor Compliance Form
Only submit if applicable
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
(Required: Check if applicable)
Page 4 of 19 pages Deadline: 6/10/2021 02:00 PM (CT)2021-38-B Addendum 3
Attachment 3
Page 119
Item 6.
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
(Required: Check if applicable)
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
(Required: Check if applicable)
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
(Required: Check if applicable)
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
(Required: Check if applicable)
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
(Required: Check if applicable)
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
(Required: Check if applicable)
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
(Required: Check if applicable)
Page 5 of 19 pages Deadline: 6/10/2021 02:00 PM (CT)2021-38-B Addendum 3
Attachment 3
Page 120
Item 6.
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
(Required: Check if applicable)
10 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
(Required: Check if applicable)
11 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 on which he has bid 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
(Required: Check if applicable)
12 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
(Required: Check if applicable)
13 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
(Required: Check if applicable)
14 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
(Required: Check if applicable)
15 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
(Required: Check if applicable)
Page 6 of 19 pages Deadline: 6/10/2021 02:00 PM (CT)2021-38-B Addendum 3
Attachment 3
Page 121
Item 6.
16 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
(Required: Check if applicable)
17 Base Bid
Cost of Materials
$
(Required: Numbers only)
18 Base Bid
Cost of Labor, Profit, etc.
$
(Required: Numbers only)
19 Addendum No. 1
Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued)
Acknowledged
(Optional: Check if applicable)
20 Addendum No. 2
Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued)
Acknowledged
(Optional: Check if applicable)
21 Addendum No. 3
Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued)
Acknowledged
(Optional: Check if applicable)
22 Addendum No. 4
Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued)
Acknowledged
(Optional: Check if applicable)
23 Addendum No. 5
Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued)
Acknowledged
(Optional: Check if applicable)
24 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.
(Optional: Maximum 1000 characters allowed)
Page 7 of 19 pages Deadline: 6/10/2021 02:00 PM (CT)2021-38-B Addendum 3
Attachment 3
Page 122
Item 6.
25 Subcontractor 1 - Type of Work
(Optional: Maximum 1000 characters allowed)
26 Subcontractor 1 - % of Work
%
(Optional)
27 Subcontractor 2 - Name
(Optional: Maximum 1000 characters allowed)
28 Subcontractor 2 - Type of Work
(Optional: Maximum 1000 characters allowed)
29 Subcontractor 2 - % of Work
%
(Optional)
30 Subcontractor 3 - Name
(Optional: Maximum 1000 characters allowed)
31 Subcontractor 3 - Type of Work
(Optional: Maximum 1000 characters allowed)
32 Subcontractor 3 - % of Work
%
(Optional)
33 Subcontractor 4 - Name
(Optional: Maximum 1000 characters allowed)
Page 8 of 19 pages Deadline: 6/10/2021 02:00 PM (CT)2021-38-B Addendum 3
Attachment 3
Page 123
Item 6.
34 Subcontractor 4 - Type of Work
(Optional: Maximum 1000 characters allowed)
35 Subcontractor 4 - % of Work
%
(Optional)
36 Subcontractor 5 - Name
(Optional: Maximum 1000 characters allowed)
37 Subcontractor 5 - Type of Work
(Optional: Maximum 1000 characters allowed)
38 Subcontractor 5 - % of Work
%
(Optional)
39 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.
(Optional: Maximum 1000 characters allowed)
40 Supplier 1 - Type of Material/Equipment
(Optional: Maximum 1000 characters allowed)
41 Supplier 2 - Name
(Optional: Maximum 1000 characters allowed)
Page 9 of 19 pages Deadline: 6/10/2021 02:00 PM (CT)2021-38-B Addendum 3
Attachment 3
Page 124
Item 6.
42 Supplier 2 - Type of Material/Equipment
(Optional: Maximum 1000 characters allowed)
43 Supplier 3 - Name
(Optional: Maximum 1000 characters allowed)
44 Supplier 3 - Type of Material/Equipment
(Optional: Maximum 1000 characters allowed)
45 Supplier 4 - Name
(Optional: Maximum 1000 characters allowed)
46 Supplier 4 - Type of Material/Equipment
(Optional: Maximum 1000 characters allowed)
47 Supplier 5 - Name
(Optional: Maximum 1000 characters allowed)
48 Supplier 5 - Type of Material/Equipment
(Optional: Maximum 1000 characters allowed)
49 Project Timeline: Substantial Completion
Provide number of days to reach substantial completion of all construction
(Required: Numbers only)
Page 10 of 19 pages Deadline: 6/10/2021 02:00 PM (CT)2021-38-B Addendum 3
Attachment 3
Page 125
Item 6.
50 Project Timeline: Final Completion
Provide number of days to reach final completion of all construction
(Required: Numbers only)
Bid Lines
1 Package Header
A - Pasewark Drive
Quantity:1 Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
Package Items
1.1 5 in Reinforced Driveways
(Response required)
Quantity:140 UOM:SY Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
1.2 Roadway Excavation (350 cy)
(Response required)
Quantity:1 UOM:LS Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
1.3 Prepare and Implement Storm Water Prevention Plan (SWPPP)
(Response required)
Quantity:1 UOM:LS Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
1.4 Implement and Maintain Traffic Control Measures including Signing, Barricading and all incidentals
(Response required)
Quantity:1 UOM:LS Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
Page 11 of 19 pages Deadline: 6/10/2021 02:00 PM (CT)2021-38-B Addendum 3
Attachment 3
Page 126
Item 6.
1.5 Sod (10 ft on north, 3 ft on south)
(Response required)
Quantity:900 UOM:SY Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
1.6 Cement Slurry (50 lb/sy)
(Response required)
Quantity:76 UOM:TN Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
1.7 6 in Cement Treated Subgrade
(Response required)
Quantity:2780 UOM:SY Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
1.8 5 in Type B Asphalt Transition 10 ft x 15 ft
(Response required)
Quantity:17 UOM:SY Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
1.9 Install Mail Boxes Brick
(Response required)
Quantity:1 UOM:EA Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
1.10 Install Mail Boxes Pole
(Response required)
Quantity:4 UOM:EA Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
Page 12 of 19 pages Deadline: 6/10/2021 02:00 PM (CT)2021-38-B Addendum 3
Attachment 3
Page 127
Item 6.
1.11 Remove Mail Boxes
(Response required)
Quantity:5 UOM:EA Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
1.12 Remove Existing Pavement
(Response required)
Quantity:1400 UOM:SY Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
1.13 6 in Reinforced Concrete Pavement (18 ft)
(Response required)
Quantity:2500 UOM:SY Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
2 Package Header
B - Sixth Street
Quantity:1 Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
Package Items
2.1 5 in Reinforced Driveways
(Response required)
Quantity:20 UOM:SY Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
2.2 Roadway Fill (approx 150 cy)
(Response required)
Quantity:1 UOM:LS Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
Page 13 of 19 pages Deadline: 6/10/2021 02:00 PM (CT)2021-38-B Addendum 3
Attachment 3
Page 128
Item 6.
2.3 Prepare and Implement Storm Water Prevention Plan (SWPPP)
(Response required)
Quantity:1 UOM:LS Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
2.4 Implement and Maintain Traffic Control Measures including Signing, Barricading and all incidentals
(Response required)
Quantity:1 UOM:LS Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
2.5 Sod (5 ft on Each)
(Response required)
Quantity:350 UOM:SY Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
2.6 Cement Slurry (50 lb/sy)
(Response required)
Quantity:21 UOM:TN Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
2.7 6 in Cement Treated Subgrade
(Response required)
Quantity:760 UOM:SY Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
2.8 Grade Ditches on sixth Street
(Response required)
Quantity:620 UOM:LF Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
Page 14 of 19 pages Deadline: 6/10/2021 02:00 PM (CT)2021-38-B Addendum 3
Attachment 3
Page 129
Item 6.
2.9 CMP 15 in
(Response required)
Quantity:100 UOM:LF Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
2.10 Remove Existing Pavement
(Response required)
Quantity:700 UOM:SY Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
2.11 Headwall (All Sizes)
(Response required)
Quantity:8 UOM:EA Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
2.12 6 in Reinforced Concrete Pavement (20 ft)
(Response required)
Quantity:700 UOM:SY Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
3 Package Header
C - Crown Colony
Quantity:1 Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
Package Items
3.1 6 in Reinforced Alley Ways
(Response required)
Quantity:142 UOM:SY Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
Page 15 of 19 pages Deadline: 6/10/2021 02:00 PM (CT)2021-38-B Addendum 3
Attachment 3
Page 130
Item 6.
3.2 Roadway Excavation (100 cy)
(Response required)
Quantity:1 UOM:LS Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
3.3 Prepare and Implement Storm Water Prevention Plan (SWPPP)
(Response required)
Quantity:1 UOM:LS Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
3.4 Implement and Maintain Traffic Control Measures including Signing, Barricading and all incidentals
(Response required)
Quantity:1 UOM:LS Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
3.5 Sod (3 ft)
(Response required)
Quantity:340 UOM:SY Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
3.6 Cement Slurry (50 lb/sy)
(Response required)
Quantity:45 UOM:TN Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
3.7 6 in Cement Treated Subgrade
(Response required)
Quantity:1650 UOM:SY Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
Page 16 of 19 pages Deadline: 6/10/2021 02:00 PM (CT)2021-38-B Addendum 3
Attachment 3
Page 131
Item 6.
3.8 Install Mail Boxes (Brick)
(Response required)
Quantity:5 UOM:LF Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
3.9 Install Mail Boxes
(Response required)
Quantity:3 UOM:EA Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
3.10 Remove Mail Boxes
(Response required)
Quantity:8 UOM:EA Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
3.11 Remove Existing Pavement
(Response required)
Quantity:1700 UOM:SY Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
3.12 Remove Existing Sidewalk
(Response required)
Quantity:560 UOM:SY Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
3.13 Sidewalk 4ft
(Response required)
Quantity:560 UOM:SY Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
Page 17 of 19 pages Deadline: 6/10/2021 02:00 PM (CT)2021-38-B Addendum 3
Attachment 3
Page 132
Item 6.
3.14 Handi Cap Ramps
(Response required)
Quantity:6 UOM:EA Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
3.15 Adjust Manholes
(Response required)
Quantity:2 UOM:EA Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
3.16 Adjust Water Valve Stacks
(Response required)
Quantity:4 UOM:EA Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
3.17 6 in Reinforced Concrete Pavement (20 ft)
(Response required)
Quantity:1550 UOM:SY Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
Page 18 of 19 pages Deadline: 6/10/2021 02:00 PM (CT)2021-38-B Addendum 3
Attachment 3
Page 133
Item 6.
Supplier Information
Company Name:
Contact Name:
Address:
Phone:
Fax:
Email:
Supplier Notes
By submitting your response, you certify that you are authorized to represent and bind your company.
Print Name Signature
Page 19 of 19 pages Deadline: 6/10/2021 02:00 PM (CT)2021-38-B Addendum 3
Attachment 3
Page 134
Item 6.
2021-38-B Addendum 3
Reliable Paving, Inc
Reliable Paving, Inc
Supplier Response
Event Information
Number:2021-38-B Addendum 3
Title:Prosper Public Works Road Improvements 2021
Type:Competitive Sealed Proposal
Issue Date:5/21/2021
Deadline:6/10/2021 02:00 PM (CT)
Notes:Engineer's Estimate: $690,070
The Town of Prosper is accepting competitive sealed proposals for
CSP NO. 2021-38-B PROSPER PUBLIC WORKS ROAD
IMPROVEMENTS 2021. 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,
June 10, 2021. Any proposals received after this time will not be
accepted, and will be returned unopened. The proposal opening will
be held online on Thursday, June 10, 2021 @ 3:00 P.M. To participate
in the proposal opening, please use the following:
Join Zoom Meeting: https://us02web.zoom.us/j/84914766080
Meeting ID: 849 1476 6080
Dial-in any of these numbers: +1 929 436 2866, +1 312 626 6799, +1
669 900 6833, +1 253 215 8782, +1 301 715 8592 or +1 346 248-
7799
The Project consists of furnishing all labor, equipment and materials
Page 1 of 12 pages Vendor: Reliable Paving, Inc 2021-38-B Addendum 3
Attachment 3
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Item 6.
(except as otherwise specified), and performing all work necessary for
the construction of remove existing roadway and replace with cement
treated subgrade, six inch reinforced concrete pavement.
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 Public Works Department, 601 West
Fifth Street, Prosper, Texas, 75078, Phone: (972) 569-1056 without
charge. These documents may be acquired from that office for the
non-refundable purchase price of $20.00 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 submitted in writing through IonWave.net, the Town’s e-
procurement system, or emailed directly to January Cook, CPPO,
CPPB, Purchasing Manager, at jcook@prospertx.gov. The deadline
for receipt of questions and requests for clarifications is 12:00 P.M. on
Thursday June 3, 2021. 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 List.
Contact Information
Contact:January Cook Purchasing Manager
Address:Purchasing Office
Town Hall
Page 2 of 12 pages Vendor: Reliable Paving, Inc 2021-38-B Addendum 3
Attachment 3
Page 136
Item 6.
3rd Floor
250 W. First St.
P.O. Box 307
Prosper, TX 75078
Phone:(972) 569-1018
Email:jcook@prospertx.gov
Page 3 of 12 pages Vendor: Reliable Paving, Inc 2021-38-B Addendum 3
Attachment 3
Page 137
Item 6.
Reliable Paving, Inc Information
Contact:Marty Murphy
Address:1903 Peyco Drive North
Arlington, TX 76001
Phone:(817) 467-0779
Email:marty@reliablepaving.com
By submitting your response, you certify that you are authorized to represent and bind your company.
Marty Murphy marty@reliablepaving.com
Signature Email
Submitted at 6/10/2021 12:29:35 PM
Requested Attachments
Bid Bond PW bond.pdf
Bid Bond should be completed and submitted on the form provided in this CSP
Attachment A1 Projects Completed & References .pdf
Outline contractor and subcontractor experience with similar projects
Attachment A2 Management Resumes.pdf
Submit resumes for key personnel that will be assigned to the project (executive and management team, as well as
on-site project manager)
Attachment A3 Experience Record (5 Years).xlsx
Complete and Submit the Completed Projects and References Worksheet
Attachment A4 Prosper PW Road Improvements 2021 sample schedule.pdf
Submit a copy of an actual project schedule used during construction for same or similar project. This should not be a
newly created project schedule for this project.
Conflict of Interest Questionnaire conflict of interest.pdf
Only submit if applicable
Out of State Contractor Compliance Form out of state.pdf
Only submit if applicable
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 (I Agree)
Page 4 of 12 pages Vendor: Reliable Paving, Inc 2021-38-B Addendum 3
Attachment 3
Page 138
Item 6.
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 (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 (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 (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 (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 (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 (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 (I Agree)
Page 5 of 12 pages Vendor: Reliable Paving, Inc 2021-38-B Addendum 3
Attachment 3
Page 139
Item 6.
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 (I Agree)
10 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 (I Agree)
11 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 on which he has bid 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 (I Agree)
12 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 (I Agree)
13 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 (I Agree)
14 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 (I Agree)
15 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 (I Agree)
16 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 (I Agree)
Page 6 of 12 pages Vendor: Reliable Paving, Inc 2021-38-B Addendum 3
Attachment 3
Page 140
Item 6.
17 Base Bid
Cost of Materials
$182000.00
18 Base Bid
Cost of Labor, Profit, etc.
$396718.79
19 Addendum No. 1
Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued)
Acknowledged (Acknowledged)
20 Addendum No. 2
Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued)
Acknowledged (Acknowledged)
21 Addendum No. 3
Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued)
Acknowledged (Acknowledged)
22 Addendum No. 4
Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued)
Acknowledged (Acknowledged)
23 Addendum No. 5
Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued)
Acknowledged (Acknowledged)
24 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.
Cleburne Underground
25 Subcontractor 1 - Type of Work
utilities
26 Subcontractor 1 - % of Work
6%
27 Subcontractor 2 - Name
Texas SWPPP
28 Subcontractor 2 - Type of Work
SWPPP
Page 7 of 12 pages Vendor: Reliable Paving, Inc 2021-38-B Addendum 3
Attachment 3
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Item 6.
29 Subcontractor 2 - % of Work
1%
30 Subcontractor 3 - Name
Stenson Landscaping
31 Subcontractor 3 - Type of Work
Landscaping & Irrigation
32 Subcontractor 3 - % of Work
3%
33 Subcontractor 4 - Name
Dallas Lite & Barricade
34 Subcontractor 4 - Type of Work
Traffic Control
35 Subcontractor 4 - % of Work
1%
36 Subcontractor 5 - Name
No response
37 Subcontractor 5 - Type of Work
No response
38 Subcontractor 5 - % of Work
No response
39 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.
Ash Grove
40 Supplier 1 - Type of Material/Equipment
Cement
41 Supplier 2 - Name
Nelson Bros
42 Supplier 2 - Type of Material/Equipment
Ready Mix
43 Supplier 3 - Name
Austin B & R
Page 8 of 12 pages Vendor: Reliable Paving, Inc 2021-38-B Addendum 3
Attachment 3
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Item 6.
44 Supplier 3 - Type of Material/Equipment
Asphalt
45 Supplier 4 - Name
No response
46 Supplier 4 - Type of Material/Equipment
No response
47 Supplier 5 - Name
No response
48 Supplier 5 - Type of Material/Equipment
No response
49 Project Timeline: Substantial Completion
Provide number of days to reach substantial completion of all construction
150
50 Project Timeline: Final Completion
Provide number of days to reach final completion of all construction
30
Bid Lines
1 Package Header
A - Pasewark Drive
Quantity:1 Total:$244,537.19
Package Items
1.1 5 in Reinforced Driveways
Quantity:140 UOM:SY Unit Price:$63.95 Total:$8,953.00
1.2 Roadway Excavation (350 cy)
Quantity:1 UOM:LS Unit Price:$32,099.00 Total:$32,099.00
1.3 Prepare and Implement Storm Water Prevention Plan (SWPPP)
Quantity:1 UOM:LS Unit Price:$4,080.00 Total:$4,080.00
1.4 Implement and Maintain Traffic Control Measures including Signing, Barricading and all incidentals
Quantity:1 UOM:LS Unit Price:$2,307.00 Total:$2,307.00
1.5 Sod (10 ft on north, 3 ft on south)
Quantity:900 UOM:SY Unit Price:$9.60 Total:$8,640.00
1.6 Cement Slurry (50 lb/sy)
Quantity:76 UOM:TN Unit Price:$177.00 Total:$13,452.00
1.7 6 in Cement Treated Subgrade
Quantity:2780 UOM:SY Unit Price:$6.26 Total:$17,402.80
Page 9 of 12 pages Vendor: Reliable Paving, Inc 2021-38-B Addendum 3
Attachment 3
Page 143
Item 6.
1.8 5 in Type B Asphalt Transition 10 ft x 15 ft
Quantity:17 UOM:SY Unit Price:$52.67 Total:$895.39
1.9 Install Mail Boxes Brick
Quantity:1 UOM:EA Unit Price:$1,200.00 Total:$1,200.00
1.10 Install Mail Boxes Pole
Quantity:4 UOM:EA Unit Price:$300.00 Total:$1,200.00
1.11 Remove Mail Boxes
Quantity:5 UOM:EA Unit Price:$120.00 Total:$600.00
1.12 Remove Existing Pavement
Quantity:1400 UOM:SY Unit Price:$3.97 Total:$5,558.00
1.13 6 in Reinforced Concrete Pavement (18 ft)
Quantity:2500 UOM:SY Unit Price:$59.26 Total:$148,150.00
2 Package Header
B - Sixth Street
Quantity:1 Total:$119,118.60
Package Items
2.1 5 in Reinforced Driveways
Quantity:20 UOM:SY Unit Price:$63.97 Total:$1,279.40
2.2 Roadway Fill (approx 150 cy)
Quantity:1 UOM:LS Unit Price:$20,960.00 Total:$20,960.00
2.3 Prepare and Implement Storm Water Prevention Plan (SWPPP)
Quantity:1 UOM:LS Unit Price:$1,500.00 Total:$1,500.00
2.4 Implement and Maintain Traffic Control Measures including Signing, Barricading and all incidentals
Quantity:1 UOM:LS Unit Price:$2,295.00 Total:$2,295.00
2.5 Sod (5 ft on Each)
Quantity:350 UOM:SY Unit Price:$9.60 Total:$3,360.00
2.6 Cement Slurry (50 lb/sy)
Quantity:21 UOM:TN Unit Price:$177.00 Total:$3,717.00
2.7 6 in Cement Treated Subgrade
Quantity:760 UOM:SY Unit Price:$6.25 Total:$4,750.00
2.8 Grade Ditches on sixth Street
Quantity:620 UOM:LF Unit Price:$9.36 Total:$5,803.20
2.9 CMP 15 in
Quantity:100 UOM:LF Unit Price:$120.00 Total:$12,000.00
2.10 Remove Existing Pavement
Quantity:700 UOM:SY Unit Price:$3.97 Total:$2,779.00
2.11 Headwall (All Sizes)
Quantity:8 UOM:EA Unit Price:$2,400.00 Total:$19,200.00
Page 10 of 12 pages Vendor: Reliable Paving, Inc 2021-38-B Addendum 3
Attachment 3
Page 144
Item 6.
2.12 6 in Reinforced Concrete Pavement (20 ft)
Quantity:700 UOM:SY Unit Price:$59.25 Total:$41,475.00
3 Package Header
C - Crown Colony
Quantity:1 Total:$215,063.00
Package Items
3.1 6 in Reinforced Alley Ways
Quantity:142 UOM:SY Unit Price:$63.94 Total:$9,079.48
3.2 Roadway Excavation (100 cy)
Quantity:1 UOM:LS Unit Price:$27,111.00 Total:$27,111.00
3.3 Prepare and Implement Storm Water Prevention Plan (SWPPP)
Quantity:1 UOM:LS Unit Price:$3,000.00 Total:$3,000.00
3.4 Implement and Maintain Traffic Control Measures including Signing, Barricading and all incidentals
Quantity:1 UOM:LS Unit Price:$2,295.00 Total:$2,295.00
3.5 Sod (3 ft)
Quantity:340 UOM:SY Unit Price:$9.60 Total:$3,264.00
3.6 Cement Slurry (50 lb/sy)
Quantity:45 UOM:TN Unit Price:$177.00 Total:$7,965.00
3.7 6 in Cement Treated Subgrade
Quantity:1650 UOM:SY Unit Price:$6.25 Total:$10,312.50
3.8 Install Mail Boxes (Brick)
Quantity:5 UOM:LF Unit Price:$1,200.00 Total:$6,000.00
3.9 Install Mail Boxes
Quantity:3 UOM:EA Unit Price:$300.00 Total:$900.00
3.10 Remove Mail Boxes
Quantity:8 UOM:EA Unit Price:$120.00 Total:$960.00
3.11 Remove Existing Pavement
Quantity:1700 UOM:SY Unit Price:$3.97 Total:$6,749.00
3.12 Remove Existing Sidewalk
Quantity:560 UOM:SY Unit Price:$12.55 Total:$7,028.00
3.13 Sidewalk 4ft
Quantity:560 UOM:SY Unit Price:$44.03 Total:$24,656.80
3.14 Handi Cap Ramps
Quantity:6 UOM:EA Unit Price:$1,993.12 Total:$11,958.72
3.15 Adjust Manholes
Quantity:2 UOM:EA Unit Price:$353.94 Total:$707.88
3.16 Adjust Water Valve Stacks
Quantity:4 UOM:EA Unit Price:$301.78 Total:$1,207.12
Page 11 of 12 pages Vendor: Reliable Paving, Inc 2021-38-B Addendum 3
Attachment 3
Page 145
Item 6.
3.17 6 in Reinforced Concrete Pavement (20 ft)
Quantity:1550 UOM:SY Unit Price:$59.27 Total:$91,868.50
Response Total: $578,718.79
Page 12 of 12 pages Vendor: Reliable Paving, Inc 2021-38-B Addendum 3
Attachment 3
Page 146
Item 6.
Attachment 3
Page 147
Item 6.
Attachment 3
Page 148
Item 6.
Attachment 3
Page 149
Item 6.
Page 1 of 2
To: Mayor and Town Council
From: Frank E. Jaromin, P.E., Director of Public Works
Through: Harlan Jefferson, Town Manager
Rebecca Zook, P.E., Executive Director of Development & Infrastructure
Services
Re: Town Council Meeting – July 27 2021
Agenda Item:
Consider and act upon awarding CSP No. 2021-43-B to Jagoe-Public Company related to
construction services for Miscellaneous Asphalt Improvements 2021 project; and authorizing the
Town Manager to execute a construction agreement for same.
Description of Agenda Item:
On June 10, 2020, at 4:00 PM, four (4) Competitive Sealed Proposals (CSP) were received for
the Miscellaneous Asphalt Improvements project. The project was advertised using the CSP
Construction alternative procurement method to allow the Town to award the project to the
contractor that offers the best value proposal based on the following criteria:
Qualifications and Experience (30%)
o Outline contractor and subcontractor experience with similar projects.
o Outline qualifications of key personnel assigned to the project.
o Provide references.
Project Timeline (20%)
Cost Proposal (50%)
The verified cost proposals ranged between $270,651.76 and $299,976.00. The Engineer’s
Estimate was $307,344.00. The proposed project completion times ranged from 17 calendar days
to 120 calendar days. Jagoe-Public Company was the firm that ranked the highest after
consideration of Cost, Time, and Qualifications, with a cost of $299,976.00, and project completion
time of 17 calendar days. Jagoe-Public Company has not completed any projects in Prosper, but
they have performed similar work for the City of Denton and Denton County with positive feedback
provided by all references.
Jagoe-Public Company costs includes the removal of asphalt failures, gravel base compaction
and installation of 5-inch type B asphalt on varies areas on Coit Road, First Street, and Fishtrap
Prosper is a place where everyone matters.
PUBLIC WORKS
Page 150
Item 7.
Page 2 of 2
Road. The work will include a rolling lane closure with flagman, which allows traffic to flow in each
direction but only one direction at a time. Staff has not experienced excessive traffic complaints
during these operations in the past. Fire Department, Police Department and PISD will be notified
of the closures.
Budget Impact:
The cost for construction is $299,976.00 and will be funded from Annual Street Contract Services,
Account No. 100-5485-50-01.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard construction
agreement as to form and legality.
Attached Documents:
1. Location Map
2. Evaluation Matrix
3. Construction Agreement
Town Staff Recommendation:
Town staff recommends awarding CSP No. 2021-43-B to Jagoe-Public Company related to
construction services for Miscellaneous Asphalt Improvements 2021 project; and authorizing the
Town Manager to execute a construction agreement for same.
Proposed Motion:
I move to award CSP No. 2021-43-B to Jagoe-Public Company related to construction services
for Miscellaneous Asphalt Improvements 2021 project; and authorize the Town Manager to
execute a construction agreement for same.
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Item 7.
PRESTONFM 1385FISHTRAP
GEEDALLASCOITLA CIMACOLEMANVICTORY
UNIVERSITY LEGACYFIRSTTEELPROSPER
PRAIRIE
RICHLA N D
LOVERS
FRONTIER
CUSTERSHAWNEEThis map is for illustration purposes only.S COIT RDE PROSPER TRL
N COLEMAN STS PRESTON RDVICTORY WAYW PROSPER TRL
LA CIM A BLVDN LEGACY DRE FIRST STN COIT RDN PRESTON RDSLEGACYDRW FRONTIER PKWY
RICHLAND
BLVD
E FRONTIER PKWY
PRAIRIE
DR SDALLASPKWYLOVERS LN
W FIRST ST SCOLEMANSTC O LEMAN
ST
F IS H T R A P R D SHAWNEETRLN DALLAS PKWYPROSPER RD
CSP 2021-43-B
Miscellaneous Asphalt Improvement Project
¯
0 0.5 1
Miles
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Item 7.
CSP NO. 2021-43-B
EVALUATION CRITERIA WEIGHTING POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
Qualifications and Experience 30%7.21 2.16 6.78 2.03 8.06 2.42 7.93 2.38
Proposed Project Timeline 20%2.27 0.45 10.00 2.00 2.27 0.45 1.42 0.28
Cost Proposal 50%9.13 4.57 9.02 4.51 9.69 4.84 10.00 5.00
TOTAL 100% 7.18 8.54 7.71 7.66
RELIABLE PAVING, INC.
MISCELLANEOUS ASPHALT IMPROVEMENTS
EVALUATION MATRIX GROD CONSTRUCTION, LLC JAGOE-PUBLIC COMPANY PEACHTREE CONSTRUCTION
(LUIG)
ATTACHMENT 2
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(Document Version 01/21)
1
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 Jagoe-Public Company,
a company authorized to do business in Texas, (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. 2021-43-B
MISCELLANEOUS ASPHALT IMPROVEMENTS 2021
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
ATTACHMENT 3
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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 Two Hundred Ninety-Nine Thousand Nine Hundred
Seventy-Six dollars and no cents ($299,976.00). 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 12 calendar days after the date of the Notice to Proceed for the base proposal. Within 5
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
ATTACHMENT 3
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3
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.)
ATTACHMENT 3
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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. 2021-43-B
MISCELLANEOUS ASPHALT IMPROVEMENTS 2021
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
ATTACHMENT 3
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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.
ATTACHMENT 3
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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
ATTACHMENT 3
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7
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.
ATTACHMENT 3
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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:
1. ensure proper completion of the Work. The Owner may use retained funds to pay
replacement or substitute contractors to complete unfinished or defective work;
2. ensure timely completion of the Work. The Owner may use retained funds to pay liquidated
damages; and
3. 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
ATTACHMENT 3
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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
ATTACHMENT 3
Page 164
Item 7.
CSP NO: 2021-43-B MISCELLANEOUS ASPHALT IMPROVEMENTS 2021
(Document Version 01/21)
12
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.
In the event of any disagreement or conflict concerning the interpretation of this Agreement, and
such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit such
disagreement to non-binding mediation.
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.
[Signatures continued on following page.]
ATTACHMENT 3
Page 165
Item 7.
CSP NO: 2021-43-B MISCELLANEOUS ASPHALT IMPROVEMENTS 2021
(Document Version 01/21)
13
JAGOE-PUBLIC COMPANY
TOWN OF PROSPER, TEXAS
By: ___________________________________ By: HARLAN JEFFERSON
Title: ___________________________________ Title: Town Manager
Date: Date:
Address: P.O. Box 250
Denton, Texas 76202
Phone: (940) 382-2581
Email: ___________________________
Address: 250 W. First St.
P.O. Box 307
Prosper, Texas 75078
Phone: (972) 346-2640
Email: hjefferson@prospertx.gov
ATTEST:
ROBYN BATTLE
Interim Town Secretary
ATTACHMENT 3
Page 166
Item 7.
CSP NO: 2021-43-B MISCELLANEOUS ASPHALT IMPROVEMENTS 2021
(Document Version 01/21)
14
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 27th day of July, A.D. 2021, 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. 2021-43-B
MISCELLANEOUS ASPHALT IMPROVEMENTS 2021
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.
ATTACHMENT 3
Page 167
Item 7.
CSP NO: 2021-43-B MISCELLANEOUS ASPHALT IMPROVEMENTS 2021
(Document Version 01/21)
15
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder
or the Plans, Specifications and Drawings, etc., accompanying the same shall in anywise affect its obligation on this
Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the
Contract, or to the Work or to the Specifications.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, and any other
applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in
Collin County or Dallas County to whom any requisite notices may be delivered and on whom service of process may
be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon’s
Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in two copies, each one of which shall be deemed an
original, this, the ________ day of ________________, 2021.
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
Page 168
Item 7.
CSP NO: 2021-43-B MISCELLANEOUS ASPHALT IMPROVEMENTS 2021
(Document Version 01/21)
16
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
Page 169
Item 7.
CSP NO: 2021-43-B MISCELLANEOUS ASPHALT IMPROVEMENTS 2021
(Document Version 01/21)
17
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 27th day of July A.D. 2021, 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. 2021-43-B
MISCELLANEOUS ASPHALT IMPROVEMENTS 2021
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
ATTACHMENT 3
Page 170
Item 7.
CSP NO: 2021-43-B MISCELLANEOUS ASPHALT IMPROVEMENTS 2021
(Document Version 01/21)
18
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 _________________, 2021.
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
Page 171
Item 7.
CSP NO: 2021-43-B MISCELLANEOUS ASPHALT IMPROVEMENTS 2021
(Document Version 01/21)
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
Page 172
Item 7.
CSP NO: 2021-43-B MISCELLANEOUS ASPHALT IMPROVEMENTS 2021
(Document Version 01/21)
20
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
27th day of July 2021, to furnish all permits, licenses, bonds, insurance, products, materials, equipment, labor,
supervision, and other accessories necessary for the construction of:
CSP NO. 2021-43-B
MISCELLANEOUS ASPHALT IMPROVEMENTS 2021
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
Page 173
Item 7.
CSP NO: 2021-43-B MISCELLANEOUS ASPHALT IMPROVEMENTS 2021
(Document Version 01/21)
21
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 ____________, 2021.
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
Page 174
Item 7.
CSP NO: 2021-43-B MISCELLANEOUS ASPHALT IMPROVEMENTS 2021
(Document Version 01/21)
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
ATTACHMENT 3
Page 175
Item 7.
2021-43-B Addendum 1
Miscellaneous Asphalt Improvements 2021
Issue Date:5/24/2021
Questions Deadline:6/3/2021 12:00 PM (CT)
Response Deadline:6/10/2021 03:00 PM (CT)
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
Email:jcook@prospertx.gov
Page 1 of 13 pages Deadline: 6/10/2021 03:00 PM (CT)2021-43-B Addendum 1
ATTACHMENT 3
Page 176
Item 7.
Event Information
Number:2021-43-B Addendum 1
Title:Miscellaneous Asphalt Improvements 2021
Type:Competitive Sealed Proposal
Issue Date:5/24/2021
Question Deadline:6/3/2021 12:00 PM (CT)
Response Deadline:6/10/2021 03:00 PM (CT)
Notes:Engineer's Estimate: $307,344
The Town of Prosper is accepting competitive sealed proposals for CSP NO. 2021-
43-B MISCELLANEOUS ASPHALT IMPROVEMENTS 2021. 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 3:00 P.M. on Thursday, June 10, 2021.
Any proposals received after this time will not be accepted, and will be returned
unopened. The proposal opening will be held online on Thursday, June 10, 2021 @
4:00 P.M. To participate in the proposal opening, please use the following:
Join Zoom Meeting: https://us02web.zoom.us/j/84728302361
Meeting ID: 847 2830 2361
Dial-in any of these numbers: +1 929 436 2866, +1 312 626 6799, +1 669 900
6833,
+1 253 215 8782, +1 301 715 8592 or +1 346 248 7799
The Project consists of furnishing all labor, equipment and materials (except as
otherwise specified), and performing all work necessary for the construction of
remove existing 5” asphalt roadway and replace with 5” asphalt pavement.
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 Public Works Department, 601 West Fifth Street, Prosper, Texas, 75078,
Phone: (972) 569-1056 without charge. These documents may be acquired from
that office for the non-refundable purchase price of $20.00 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
Page 2 of 13 pages Deadline: 6/10/2021 03:00 PM (CT)2021-43-B Addendum 1
ATTACHMENT 3
Page 177
Item 7.
following link: http://www.prospertx.gov/business/bid-opportunities/.
Questions and requests for clarifications in regards to this proposal should be
submitted in writing through IonWave.net, the Town’s e-procurement system, or
emailed directly to January Cook, CPPO, CPPB, Purchasing Manager, at
jcook@prospertx.gov. The deadline for receipt of questions and requests for
clarifications is 12:00 P.M. on Thursday June 3, 2021. 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 List
Ship To 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
Email:jcook@prospertx.gov
Billing Information
Contact:Accounts Payable
Address:Finance
Town Hall
3rd Floor
250 W. First St.
P.O. Box 307
Prosper, TX 75078
Phone:(972) 569-1017
Email:ap@prospertx.gov
Bid Activities
Online Public Proposal Opening 6/10/2021 4:00:00 PM (CT)
The proposal opening will be held online on Thursday, June 10, 2021 @ 4:00 P.M. To participate in the proposal
opening, please use the following:
Join Zoom Meeting: https://us02web.zoom.us/j/84728302361
Meeting ID: 847 2830 2361
Dial-in any of these numbers +1 929 436 2866, +1 312 626 6799, +1 669 900 6833, +1 253 215 8782, +1 301 715
8592 or +1 346 248 7799
Bid Attachments
CSP No. 2021-43-B Contract Documents and Specifications - Combined.pdf Download
CSP No. 2021-43-B Contract Documents and Specifications - Combined
Standard Terms and Conditions for Procurements Construction V 4-24-20.pdf Download
Standard Terms and Conditions for Procurements Construction
GENERAL CONDITIONS CIP 2-21-2020.pdf Download
GENERAL CONDITIONS CIP 2-21-2020
Insurance Requirements for Construction Services R7-25-19.pdf Download
Insurance Requirements for Construction Services
CIP Completed Projects and References Worksheet 5-7-20 - Fillable.pdf Download
CIP Completed Projects and References Worksheet
Page 3 of 13 pages Deadline: 6/10/2021 03:00 PM (CT)2021-43-B Addendum 1
ATTACHMENT 3
Page 178
Item 7.
Out of State Contractor Compliance Form.pdf Download
Out of State Contractor Compliance Form
Conflict of Interest Questionnaire - fillable.pdf Download
Conflict of Interest Questionnaire
CSP No. 2021-43-B Planholder Registration Form.pdf Download
CSP No. 2021-43-B Planholder Registration Form
CSP No. 2021-43-B Bid Bond R6-8-21.pdf Download
CSP No. 2021-43-B Bid Bond R6-8-21
Requested Attachments
Bid Bond
(Attachment required)
Bid Bond should be completed and submitted on the form provided in this CSP
Attachment A1
(Attachment required)
Outline contractor and subcontractor experience with similar projects
Attachment A2
(Attachment required)
Submit resumes for key personnel that will be assigned to the project (executive and management team, as well as
on-site project manager)
Attachment A3
(Attachment required)
Complete and Submit the Completed Projects and References Worksheet
Attachment A4
(Attachment required)
Submit a copy of an actual project schedule used during construction for same or similar project. This should not be a
newly created project schedule for this project.
Conflict of Interest Questionnaire
Only submit if applicable
Out of State Contractor Compliance Form
Only submit if applicable
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
(Required: Check if applicable)
Page 4 of 13 pages Deadline: 6/10/2021 03:00 PM (CT)2021-43-B Addendum 1
ATTACHMENT 3
Page 179
Item 7.
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
(Required: Check if applicable)
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
(Required: Check if applicable)
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
(Required: Check if applicable)
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
(Required: Check if applicable)
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
(Required: Check if applicable)
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
(Required: Check if applicable)
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
(Required: Check if applicable)
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Item 7.
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
(Required: Check if applicable)
10 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
(Required: Check if applicable)
11 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 on which he has bid 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
(Required: Check if applicable)
12 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
(Required: Check if applicable)
13 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
(Required: Check if applicable)
14 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
(Required: Check if applicable)
15 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
(Required: Check if applicable)
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ATTACHMENT 3
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Item 7.
16 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
(Required: Check if applicable)
17 Base Bid
Cost of Materials
$
(Required: Numbers only)
18 Base Bid
Cost of Labor, Profit, etc.
$
(Required: Numbers only)
19 Addendum No. 1
Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued)
Acknowledged
(Optional: Check if applicable)
20 Addendum No. 2
Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued)
Acknowledged
(Optional: Check if applicable)
21 Addendum No. 3
Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued)
Acknowledged
(Optional: Check if applicable)
22 Addendum No. 4
Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued)
Acknowledged
(Optional: Check if applicable)
23 Addendum No. 5
Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued)
Acknowledged
(Optional: Check if applicable)
24 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.
(Optional: Maximum 1000 characters allowed)
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ATTACHMENT 3
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Item 7.
25 Subcontractor 1 - Type of Work
(Optional: Maximum 1000 characters allowed)
26 Subcontractor 1 - % of Work
%
(Optional)
27 Subcontractor 2 - Name
(Optional: Maximum 1000 characters allowed)
28 Subcontractor 2 - Type of Work
(Optional: Maximum 1000 characters allowed)
29 Subcontractor 2 - % of Work
%
(Optional)
30 Subcontractor 3 - Name
(Optional: Maximum 1000 characters allowed)
31 Subcontractor 3 - Type of Work
(Optional: Maximum 1000 characters allowed)
32 Subcontractor 3 - % of Work
%
(Optional)
33 Subcontractor 4 - Name
(Optional: Maximum 1000 characters allowed)
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Item 7.
34 Subcontractor 4 - Type of Work
(Optional: Maximum 1000 characters allowed)
35 Subcontractor 4 - % of Work
%
(Optional)
36 Subcontractor 5 - Name
(Optional: Maximum 1000 characters allowed)
37 Subcontractor 5 - Type of Work
(Optional: Maximum 1000 characters allowed)
38 Subcontractor 5 - % of Work
%
(Optional)
39 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.
(Optional: Maximum 1000 characters allowed)
40 Supplier 1 - Type of Material/Equipment
(Optional: Maximum 1000 characters allowed)
41 Supplier 2 - Name
(Optional: Maximum 1000 characters allowed)
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Item 7.
42 Supplier 2 - Type of Material/Equipment
(Optional: Maximum 1000 characters allowed)
43 Supplier 3 - Name
(Optional: Maximum 1000 characters allowed)
44 Supplier 3 - Type of Material/Equipment
(Optional: Maximum 1000 characters allowed)
45 Supplier 4 - Name
(Optional: Maximum 1000 characters allowed)
46 Supplier 4 - Type of Material/Equipment
(Optional: Maximum 1000 characters allowed)
47 Supplier 5 - Name
(Optional: Maximum 1000 characters allowed)
48 Supplier 5 - Type of Material/Equipment
(Optional: Maximum 1000 characters allowed)
49 Project Timeline: Substantial Completion
Provide number of days to reach substantial completion of all construction
(Required: Numbers only)
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Item 7.
50 Project Timeline: Final Completion
Provide number of days to reach final completion of all construction
(Required: Numbers only)
Bid Lines
1 5 in Type B Asphalt Pavement
(Response required)
Quantity:3976 UOM:SY Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
2 Remove 5 in Asphalt Pavement
(Response required)
Quantity:3976 UOM:SY Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
3 Compact Existing Base
(Response required)
Quantity:3976 UOM:SY Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
4 Traffic Control
(Response required)
Quantity:1 UOM:LS Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
5 CSS 1-H Tack
(Response required)
Quantity:1 UOM:LS Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
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ATTACHMENT 3
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Item 7.
6 Erosion Control
(Response required)
Quantity:1 UOM:LS Unit Price:$Total:$
Supplier Notes:
No bid
Additional notes
(Attach separate sheet)
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ATTACHMENT 3
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Item 7.
Supplier Information
Company Name:
Contact Name:
Address:
Phone:
Fax:
Email:
Supplier Notes
By submitting your response, you certify that you are authorized to represent and bind your company.
Print Name Signature
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ATTACHMENT 3
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Item 7.
2021-43-B Addendum 1
Jagoe-Public Company
Jagoe-Public Company
Supplier Response
Event Information
Number:2021-43-B Addendum 1
Title:Miscellaneous Asphalt Improvements 2021
Type:Competitive Sealed Proposal
Issue Date:5/24/2021
Deadline:6/10/2021 03:00 PM (CT)
Notes:Engineer's Estimate: $307,344
The Town of Prosper is accepting competitive sealed proposals for
CSP NO. 2021-43-B MISCELLANEOUS ASPHALT
IMPROVEMENTS 2021. 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 3:00 P.M. on Thursday,
June 10, 2021. Any proposals received after this time will not be
accepted, and will be returned unopened. The proposal opening will
be held online on Thursday, June 10, 2021 @ 4:00 P.M. To participate
in the proposal opening, please use the following:
Join Zoom Meeting: https://us02web.zoom.us/j/84728302361
Meeting ID: 847 2830 2361
Dial-in any of these numbers: +1 929 436 2866, +1 312 626 6799, +1
669 900 6833,
+1 253 215 8782, +1 301 715 8592 or +1 346 248 7799
The Project consists of furnishing all labor, equipment and materials
Page 1 of 9 pages Vendor: Jagoe-Public Company 2021-43-B Addendum 1
ATTACHMENT 3
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Item 7.
(except as otherwise specified), and performing all work necessary for
the construction of remove existing 5” asphalt roadway and replace
with 5” asphalt pavement.
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 Public Works Department, 601 West
Fifth Street, Prosper, Texas, 75078, Phone: (972) 569-1056 without
charge. These documents may be acquired from that office for the
non-refundable purchase price of $20.00 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 submitted in writing through IonWave.net, the Town’s e-
procurement system, or emailed directly to January Cook, CPPO,
CPPB, Purchasing Manager, at jcook@prospertx.gov. The deadline
for receipt of questions and requests for clarifications is 12:00 P.M. on
Thursday June 3, 2021. 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 List
Contact Information
Contact:January Cook Purchasing Manager
Address:Purchasing Office
Town Hall
Page 2 of 9 pages Vendor: Jagoe-Public Company 2021-43-B Addendum 1
ATTACHMENT 3
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Item 7.
3rd Floor
250 W. First St.
P.O. Box 307
Prosper, TX 75078
Phone:(972) 569-1018
Email:jcook@prospertx.gov
Page 3 of 9 pages Vendor: Jagoe-Public Company 2021-43-B Addendum 1
ATTACHMENT 3
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Item 7.
Jagoe-Public Company Information
Contact:Brian Lee
Address:P.O. Box 250
Denton
Denton, TX 76202
Phone:(940) 382-2581
Fax:(940) 382-9732
Email:brian.lee@jagoepublic.com
Web Address:www.jagoepublic.com
By submitting your response, you certify that you are authorized to represent and bind your company.
Brian Lee brian.lee@jagoepublic.com
Signature Email
Submitted at 6/10/2021 10:54:55 AM
Requested Attachments
Bid Bond Completed Bid Bond - Prosper Asphalt Imrpov.pdf
Bid Bond should be completed and submitted on the form provided in this CSP
Attachment A1 Prosper 2021 Miscellaneous Asphalt Improvements - Jagoe-Public Proposal.pdf
Outline contractor and subcontractor experience with similar projects
Attachment A2 Jagoe-Public Company Org Chart and Resumes.pdf
Submit resumes for key personnel that will be assigned to the project (executive and management team, as well as
on-site project manager)
Attachment A3 CIP Completed Projects and References Worksheet 5-7-20 - Fillable.pdf
Complete and Submit the Completed Projects and References Worksheet
Attachment A4 7. Clay SH 79 Initial Schedule .pdf
Submit a copy of an actual project schedule used during construction for same or similar project. This should not be a
newly created project schedule for this project.
Conflict of Interest Questionnaire No response
Only submit if applicable
Out of State Contractor Compliance Form No response
Only submit if applicable
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 (I Agree)
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Item 7.
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 (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 (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 (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 (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 (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 (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 (I Agree)
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Item 7.
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 (I Agree)
10 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 (I Agree)
11 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 on which he has bid 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 (I Agree)
12 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 (I Agree)
13 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 (I Agree)
14 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 (I Agree)
15 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 (I Agree)
16 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 (I Agree)
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Item 7.
17 Base Bid
Cost of Materials
$80100
18 Base Bid
Cost of Labor, Profit, etc.
$218976
19 Addendum No. 1
Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued)
Acknowledged (Acknowledged)
20 Addendum No. 2
Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued)
Acknowledged (Acknowledged)
21 Addendum No. 3
Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued)
Acknowledged (Acknowledged)
22 Addendum No. 4
Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued)
Acknowledged (Acknowledged)
23 Addendum No. 5
Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued)
Acknowledged (Acknowledged)
24 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.
TexOp Construction LP
25 Subcontractor 1 - Type of Work
Milling
26 Subcontractor 1 - % of Work
22%
27 Subcontractor 2 - Name
No response
28 Subcontractor 2 - Type of Work
No response
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Item 7.
29 Subcontractor 2 - % of Work
No response
30 Subcontractor 3 - Name
No response
31 Subcontractor 3 - Type of Work
No response
32 Subcontractor 3 - % of Work
No response
33 Subcontractor 4 - Name
No response
34 Subcontractor 4 - Type of Work
No response
35 Subcontractor 4 - % of Work
No response
36 Subcontractor 5 - Name
No response
37 Subcontractor 5 - Type of Work
No response
38 Subcontractor 5 - % of Work
No response
39 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
40 Supplier 1 - Type of Material/Equipment
No response
41 Supplier 2 - Name
No response
42 Supplier 2 - Type of Material/Equipment
No response
43 Supplier 3 - Name
No response
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Item 7.
44 Supplier 3 - Type of Material/Equipment
No response
45 Supplier 4 - Name
No response
46 Supplier 4 - Type of Material/Equipment
No response
47 Supplier 5 - Name
No response
48 Supplier 5 - Type of Material/Equipment
No response
49 Project Timeline: Substantial Completion
Provide number of days to reach substantial completion of all construction
12
50 Project Timeline: Final Completion
Provide number of days to reach final completion of all construction
17
Bid Lines
1 5 in Type B Asphalt Pavement
Quantity:3976 UOM:SY Unit Price:$41.00 Total:$163,016.00
2 Remove 5 in Asphalt Pavement
Quantity:3976 UOM:SY Unit Price:$20.00 Total:$79,520.00
3 Compact Existing Base
Quantity:3976 UOM:SY Unit Price:$2.50 Total:$9,940.00
4 Traffic Control
Quantity:1 UOM:LS Unit Price:$35,000.00 Total:$35,000.00
5 CSS 1-H Tack
Quantity:1 UOM:LS Unit Price:$10,000.00 Total:$10,000.00
6 Erosion Control
Quantity:1 UOM:LS Unit Price:$2,500.00 Total:$2,500.00
Response Total: $299,976.00
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ATTACHMENT 3
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Item 7.
ATTACHMENT 3Page 198Item 7.
ATTACHMENT 3Page 199Item 7.
ATTACHMENT 3Page 200Item 7.
ATTACHMENT 3Page 201Item 7.
Page 1 of 2
To: Mayor and Town Council
From: Rebecca Zook, Executive Director of Development and Infrastructure Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – July 27, 2021
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Development Agreement
between 104 Prosper, L.P., and the Town of Prosper, Texas, related to the Brookhollow
Multifamily development.
Description of Agenda Item:
On May 18, 2021, the Planning & Zoning Commission approved the Preliminary Site Plan (PSP)
for the Brookhollow Multifamily development. The property is zoned Planned Development-86
(PD-86) and depicts eleven (11) multifamily buildings, including 300 units totaling 388,353 square
feet.
The attached Development Agreement includes the following:
Any and all structures built on the Property will comply with the applicable requirements of
the Town’s “Architectural Standards and Building Materials” standards. And it is
acknowledged that this requirement is in addition to and shall not modify or otherwise
amend any zoning regulation adopted by the Town, previously or in the future.
The owner of the Property to dedicate a 30-foot water line easement along the northern
boundary, at no cost to the Town. The final location to be determined during the Town’s
civil engineering reviews of the site plan for the development of the Property.
In exchange for the dedication of the 30-foot water line easement, the Brookhollow
Multifamily development shall receive a waiver on water impact fees that are due and owed
to the Town for the contemplated development of the Property.
The Town has agreed to allow the developer to construct a dry detention pond in the
northeast quadrant of the Property with the understanding that the natural terrain and
topography have natural assets that will be maintained for the benefit of the residences.
The Parties agree and acknowledge that the final location of the dry detention pond on the
Property shall be determined during the Town’s civil engineering reviews of the site plan
for the development on the Property. The Owner also agrees to amenitize the area near
and around the dry pond with a walking/jogging path, dog park, benches and attractive
landscaping to create gathering spaces around the dry pond. The Owner shall leave the
wooded area, perennial stream and natural pond created by what appears to be a beaver
dam in its natural state for residents to enjoy and explore.
Prosper is a place where everyone matters.
ENGINEERING
SERVICES
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Item 8.
Page 2 of 2
Legal Obligations and Review:
Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to
form and legality.
Attached Documents:
1. Development Agreement
Town Staff Recommendation:
Staff recommends the Town Council authorize the Town Manager to execute a Development
Agreement between 104 Prosper, L.P., and the Town of Prosper, Texas, related to the
Brookhollow Multifamily development.
Proposed Motion:
I move to authorize the Town Manager to execute a Development Agreement between 104
Prosper, L.P., and the Town of Prosper, Texas, related to the Brookhollow Multifamily
development.
Page 203
Item 8.
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To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Rebecca Zook, P.E., Executive Director of Development & Infrastructure
Services
Khara Dodds, AICP, Director of Development Services
Re: Town Council Meeting – July 27, 2021
Agenda Item:
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, including Eagle Crossing, Gateway Church,
and Prosper Chiropractic.
Description of Agenda Item:
Attached are the Preliminary Site Plan and Site Plans that were acted on by the Planning & Zoning
Commission at their July 20, 2021, meeting. Per the Zoning Ordinance, the Town Council has
the ability to direct staff to submit a written notice of appeal on behalf of the Town Council to the
Development Services Department for any Preliminary Site Plan or Site Plan acted on by the
Planning & Zoning Commission.
Attached Documents:
1. Preliminary Site Plan for Eagle Crossing
2. Site Plan for Gateway Church
3. Site Plan for Prosper Chiropractic (101 Broadway Street)
Town Staff Recommendation:
Town staff recommends the Town Council take no action on this item.
Prosper is a place where everyone matters.
PLANNING
Page 219
Item 9.
38.00'
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S 00°00'45" W938.02'S 89°09'52" E23.04'
S 01°06'28" W TBM X-CUT SETZ=667.34'TBM X-CUT SETZ=667.63'SSMH-RIM=667.8'FL-6"PVC=658.2' (N)FL-6"PVC=658.0' (S)SDMH-RIM=666.6'FL-CHANNEL=660.7'36" METAL PIPEFL=650.5'FL-24" RCP=654.4'SDMH-RIM=667.1'(SEALED)SSMH-RIM=663.5'INUNDATED WITHWATERSSMH-RIM=667.6'FL-6"PVC=655.0' (E)FL-6"PVC=661.0' (S)SSMH-RIM=667.2'FL-6"PVC=653.2' (NE)FL-6"PVC=652.9' (N)FL-12"PVC=652.7' (E)FL-12"PVC=652.6' (W)TBM X-CUT SETZ=666.80'36" METAL PIPEFL=652.5'FL-36" RCP=656.5'FL-24" RCP=654.4'SSMH-RIM=657.7'FL-12"PVC=651.0' (E)FL-CHANNEL=641.2'SSMH-RIM=662.2'INUNDATED WITHWATERSSMH-RIM=663.7'FL-10"PVC=656.1' (E)FL-10"PVC=655.4' (S)LOT 3, BLOCK AUNITED STATES POSTALSERVICE ADDITION,VOLUME 2019, PAGE 817P.R.C.C.T.CALLED 11.296 ACRESCOLEMAN STREET 11 ACREPARTNERS, LLC.DOC. No. 20191007001251960O.P.R.C.C.T.BURLINGTON NORTHERN RAILROAD100' R.O.W.VOLUME 104, PAGE 557O.P.R.C.C.T.SDMH-RIM=660.3'FL-CHANNEL=654.8'10' X 10' WATER EASEMENTVOLUME 2011, PAGE 245,P.R.C.C.T.5N 11°22'12" E 500.58'N 89°50'02" E 358.78'S 00°07'27" W (100.00')S 89°54'31" W (398.75')LOT 2 BLOCK AEAGLES CROSSING ADDITIONDOC. NO. 20110902010001730P.R.C.C.T.LOT 1R, BLOCK AEAGLES CROSSING ADDITIONDOC. NO. 20110902010001730P.R.C.C.T.COLEMAN STREET
VARIABLE WIDTH PUBLIC R.O.W.
VOLUME 2008, PAGE 434
O.P.R.C.C.T.P.R.C.C.T.VOLUME 2008, PAGE 434,15' WATER EASEMENTFIRELANEFIRELANEFIRELANEFIRELANE
FIRELANE
P.R.C.C.T.VOLUME 2008, PAGE 434,15' X 15' WATER EASEMENTS 89°59'16" E (316.30')S 89°59'12" E (349.60')S 00°01'36" W (179.38')(S 00°00'33" E 201.8')N 89°53'16" E (424.5')N 01°01'33" E (61.8')
S 00°01'36" W (250.6')N 89°58'27" E (31.3')N 29°47'37" E (27.4')CONCRETE RETAINING WALLBLOCK A, LOT 3 5.38 AC 234,556 SFBLOCK A, LOT 1R2.58 ACRES(112,409 SF)BLOCK A, LOT 21.53 ACRES(66,659)PROPOSED BUILDING #143,200 SF TOTAL(10,000 SF OFFICE)(33,200 SF WARE-HOUSE)PROPOSED BUILDING #229,500 SF TOTAL(9,500 SF OFFICE)(20,000 SF WARE-HOUSE)DRAINAGE EASEMENT TO BEREMOVED (TO BE RELOCATEDDURING DEVELOPMENT)DRAINAGE EASEMENT (TO BERELOCATED DURINGDEVELOPMENT)EXISTING DETENTION POND TOBE RECONFIGURED WITHRETAINING WALLSREPLATTED TO ADJUST LOTLINESREPLATTED TO ADJUST LOTLINESRELOCATED TRASH ENCLOSURERELOCATED TRASH ENCLOSUREEX. BUILDING16,152 SFEX. BUILDING31,828 SFVANVANVANVANVANVANVANVAN5' LANDSCAPE SETBACK5' LANDSCAPE SETBACK5' LANDSCAPE SETBACK20'20'24'9'20'24'20'R30'R3
0
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18'24'18'9'9'24'9'EX. FHEX. FHEX. FHEX. SSMHEX. SSMHEX. SSMHEX. SSMH20'PROP FHPROP FHPROPFHPROP FHPROP FH20' DRAINAGEEASEMENTDRAINAGE &DETENTIONEASEMENT20'15' UTILITYEASEMENT24' FIRELANE, ACCESS& UTILITY EASEMENT15' SANITARYSEWER EASEMENT15' ELECTRICEASEMENT20'24' FIRELANE ACCESS &UTILITY EASEMENT30' FIRELANE ACCESS &UTILITY EASEMENT15' WATEREASEMENT10' STREETEASEMENT9'9'20'10'R30'R30'10'PROP FHTRASHENCLOSUREPROP FHPROP FHPROP. PUBLIC SSWR ESMT.30'9'30' FL ACCESS & UTIL. ESMT.10'EX. SIDEWALKEX. SIDEWALKEX. TREES TO BE REMOVEDEX. TREE TO BEREMOVEDEX. TREES TO BE REMOVEDEX. TREES TO BE REMOVED24'15'13'15'9'1
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EAGLES CROSSING ADDITION
PROSPER, TEXAS
1903 CENTRAL DR. #406 PHONE: 817.281.0572
BEDFORD, TX 76021 WWW.CLAYMOOREENG.COMPRELIMINARYCLAYMOORE ENGINEERINGTEXAS REGISTRATION #14199VICINITY MAPN.T.S.0GRAPHIC SCALE1 inch = ft.50501005025STANDARD NOTES:ANY REVISIONS TO THIS PLAN WILL REQUIRE TOWN APPROVALAND WILL REQUIRE REVISIONS TO ANY CORRESPONDINGPLANS TO AVOID CONFLICTS BETWEEN PLANS1.ALL DIMENSIONS ARE TO BE TAKEN FROM FACE OFCURB.2.DUMPSTERS AND TRASH COMPACTORS SHALL BESCREENED IN ACCORDANCE WITH THE ZONINGORDINANCE3.OPEN STORAGE, WHERE PERMITTED , SHALL BESCREENED IN ACCORDANCE WITH THE ZONINGORDINANCE4.OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTINGAND GLARE STANDARDS CONTAINED WITHIN THEZONING ORDINANCE AND SUBDIVISION ORDINANCE.5.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANSAPPROVED BY THE TOWN.6.ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDSCONTAINED WITHIN THE ZONING ORDINANCE.7.BUILDINGS OF 5,000 SF OR GREATER SHALL BE 100%FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTIONMEASURES MAY BE APPROVED BY THE FIREDEPARTMENT.8.FIRE LANES SHALL BE DESIGNED AND CONSTRUCTEDPER TOWN STANDARDS OF AS DIRECTED BY THE FIREDEPARTMENT.9.TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THEPROPERTY AT ALL TIMES.10.SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN AFIRE LANE11.HANDICAPPED PARKING AREAS AND BUILDINGACCESSIBILITY SHALL CONFORM TO THE AMERICANSWITH DISABILITIES ACT (ADA) AND WITH THEREQUIREMENTS OF THE CURRENT ADOPTED BUILDINGCODE.12.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIALAPPROVAL.13.ALL FENCES AND RETAINING WALLS SHALL BE SHOWNON THE SIRE PLAN AND ARE SUBJECT TO BUILDINGOFFICIAL APPROVAL.14.ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TOBUILDING OFFICIAL APPROVAL AND SHALL CONFORM TOTHE APPROVED FACADE PLAN.15.SIDEWALKS OF NOT LESS THAN SIX (6) FEET IN WIDTHALONG THOROUGHFARES AND COLLECTORS AND FIVE(5) FEED WIDTH ALONG RESIDENTIAL STREETS, ANDBARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALLBE PROVIDED PER TOWN STANDARDS.16.APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALLENGINEERING PLANS ARE APPROVED BY THEENGINEERING DEPARTMENT.17.SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADINGRELEASE.18.ALL NEW ELECTRICAL LINES SHALL BE INSTALLEDAND/OR RELOCATED UNDERGROUND.19.ALL MECHANICAL EQUIPMENT SHALL BE SCREENEDFROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONINGORDINANCE.20.ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OFANY OTHER TYPE OF EASEMENT.21.IMPACT FEES WILL BE ACCESSED IN ACCORDANCE WITHTHE LAND USE CLASSIFICATION(S) IDENTIFIED ON THESITE DATA SUMMARY TABLE. HOWEVER, CHANGES TOTHE PROPOSED LAND USE AT THE TIME OF CO AND/ORFINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACTFEES AND/OR PARKING REQUIREMENTS.22.THE APPROVAL OF A PRELIMINARY SITE PLAN SHALL BEEFFECTIVE FOR A PERIOD OF TWENTY-FOUR (24)MONTHS FROM THE DATE OF APPROVAL BY THEPLANNING AND ZONING COMMISSION. AT THE END OFWHICH TIME THE APPLICANT MUST HAVE SUBMITTEDAND RECEIVED APPROVAL OF ENGINEERING PLANS ANDBUILDING PERMITS. IF THE ENGINEERING PLANS ANDBUILDING PERMITS ARE NOT APPROVED, THE SITE PLANAPPROVAL, TOGETHER WITH ANY PRELIMINARY SIREPLAN FOR THE PROPERTY, IS NULL AND VOID.23.OFFICE SPACE USED FOR MEDICAL PURPOSESREQUIRES ADDITIONAL PARKINGLEGENDEXISTING FIRE LANEPROPOSED FIRE LANEPROPOSED CONCRETECURB AND GUTTERPROPERTY LINEFIRE LANEEASEMENT LINEFULL DEPTH SAW CUTPROPOSED FIREHYDRANTFIRE DEPT. CONNECTIONCOUNTYSURVEY:ABSTRACT NO.COLLINCOLLIN COUNTY SCHOOL LAND147CITY:STATE:PROSPERTEXASLEGAL DESCRIPTION:OWNER:APPLICANT/REPRESENTATIVE:CLAYMOORE ENGINEERING, INC.301 S. COLEMAN, SUITE #40PROSPER, TX 75078PH: 817.201.6982SURVEYOR:EAGLE SURVEYING,LLC210 S. ELM STREET, SUITE #104DENTON, TX 76201PH: 940.222.3009 CASE # :D21-0055CONTACT NAME: DREW DONOSKYCONTACT NAME: TEDD A. GOSSETTPROSPER TOWN CENTERCONTACT NAME: DRAKE STOBARTPRELIMINARY SITE PLANPSP-1N COLEMAN ST
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W PROSPER TRAILSITEEAGLE CROSSING ADDITION VOLUME 2011,PAGE 245LOT 1R ,LOT 2,LOT 3 BLOCK A , 9.50 ACRESTOWN OF PROSPER, COLLIN COUNTY, TEXASCROSSMAR TEXAS INVESTMENTS 4 LLC1500 E CENTRAL AVE STE 110BENTONVILLE, AR 72712PH: 479.619.6409Page 220Item 9.
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0820'10'9'TYP.PROPOSED PEDESTRIANCONC. PAVINGPROPOSED CONC. PAVING ATPARKINGPROPOSED CONC. PAVING ATFIRELANEEXISTING PAVINGPROPERTY LINECONCRETE CURBFIRELANE STRIPINGLEGENDMAIL BOXSIGNPOWER POLELIGHT POLEFIRE HYDRANTSANITARY SEWER PIPEWATER PIPESTORM SEWER MANHOLEDRAINUNDERGROUND ELECTRICAL BOXEXISTING 2" DOMESTIC WATER METEREXISTING 2" IRRIGATION WATER METEROVERHEAD ELECTRICALWATER MANHOLEGAS RISERDRAINAGE EASEMENTWATER EASEMENTSANITARY SEWER EASEMENTFIRELANE ACCESS DRAINAGE AND UTILITYEASEMENTBUILDING SETBACKRADIUSGUYWIREBENCHMARKCOLUMNCURB INLETHEADWALLSAFETY END TREATMENTMBSNPPLPFHSWRWTRSSMDRNUGEBDWMIWMOHEWMGRD.E.W.E.SWRF.A.D.U.E.BSRGWBENCHCOLCIHWSET5' LANDSCAPESETBACKN0100'50'EXISTING BUILDING TOREMAIN1-STORY, 26'-4" HT.15,560 SFFFE 689.16CITY OF PROSER SITE PLAN NOTESANY REVISION TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID CONFLICTS BETWEEN PLAN.1.DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED PER THE ZONING ORDINANCE.2.OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED PER 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 FIREDEPARTMENT.7.7) OCCUPANT NOTIFICATION PER THIS SECTION AND 907.5 SHALL BE REQUIRED FOR ALL NEW CONSTRUCTION, OR EXISTING CONSTRUCTION COMPLYING WITH THEINTERNATIONAL BUILDING CODE, FOR RENOVATIONS TO EXISTING BUILDINGS, TENANT SPACES, CHANGES IN OCCUPANCY, REPLACEMENT OR MODIFICATION OFTHE EXISTING FIRE ALARM SYSTEM, OR AS REQUIRED BY THE FIRE CODE OFFICIAL, FOR ALL BUILDINGS OR SPACES PROVIDED WITH AN APPROVED AUTOMATICSPRINKLER SYSTEM.8.FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT.9.TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES.10.SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE.11.FIRE LANES SHALL BE PROVIDED WITHIN 150 FEET OF ALL EXTERIOR WALLS OF ANY BUILDING FOR HOSE LAY REQUIREMENTS. AMENDMENT 503.1.112.THE FIRE LANE SHALL BE A MINIMUM OF 24 FEET WIDE. AMENDMENT 503.2.113.BUILDINGS MORE THAN 30 FEET IN HEIGHT ARE REQUIRED TO HAVE A MINIMUM OF A 26-FOOT WIDE FIRE LANE IN THE IMMEDIATE VICINITY FOR FIREFIGHTINGOPERATIONS OF THE BUILDING. ONE OF THE 26-FOOT WIDE FIRE LANES SHALL BE LOCATED A MINIMUM OF 15 FEET FROM THE BUILDING AND NO MORE THAN 30FEET. APPENDIX D10514.THE INSIDE TURNING RADIUS OF THE 24-FOOT FIRE LANE SHALL BE A MINIMUM OF 30 FEET. AMENDMENT 503.2.415.THE INSIDE TURNING RADIUS OF THE 26-FOOT FIRE LANE SHALL BE A MINIMUM OF 30 FEET. AMENDMENT 503.2.416.DEAD-END FIRE LANES ARE ONLY PERMITTED WITH APPROVED HAMMERHEADS.17.FIRE HYDRANTS SHALL BE PROVIDED AT THE ENTRANCES AND INTERSECTIONS. AMENDMENT 507.5.118.AS PROPERTIES DEVELOP, FIRE HYDRANTS SHALL BE LOCATED AT ALL INTERSECTING STREETS AND THE MAXIMUM SPACING SHALL BE EVERY 300 FEET (300') FORALL DEVELOPMENTS, AND FACILITIES OTHER THAN R3. R-3 DEVELOPMENTS SHALL BE EVERY 500 FEET (500'). DISTANCES BETWEEN HYDRANTS SHALL BEMEASURED ALONG THE ROUTE THAT FIRE HOSE IS LAID BY A FIRE APPARATUS FROM HYDRANT–TO-HYDRANT, NOT AS THE "CROW FLIES." AMENDMENT 507.5.119.FIRE DEPARTMENT CONNECTION (FDC) FOR THE FIRE SPRINKLER SYSTEM SHALL BE LOCATED WITHIN 50 FEET OF A FIRE HYDRANT AND 50 FEET OF A FIRE LANE.5” STORZ, 30-DEGREE DOWNWARD TURN WITH LOCKING CAP. AMENDMENT 507.5.120.FIRE HYDRANTS SHALL BE LOCATED 2 FOOT (2') TO 6 FOOT (6') BACK FROM THE CURB OR FIRE LANE AND SHALL NOT BE LOCATED IN THE BULB OF A CUL-DE-SAC.AMENDMENT 507.5.121.THERE SHALL BE A MINIMUM OF TWO (2) FIRE HYDRANTS SERVING EACH PROPERTY WITHIN THE PRESCRIBED DISTANCES LISTED ABOVE. A MINIMUM OF ONE FIREHYDRANT SHALL BE LOCATED ON EACH LOT. AMENDMENT 507.5.122.A MINIMUM 10-FOOT UNOBSTRUCTED WIDTH SHALL BE PROVIDED AROUND A BUILDING FOR ADEQUATE FIRE DEPARTMENT ACCESS. A CONTINUOUS ROW OFPARKING AND LANDSCAPING SHALL BE CONSIDERED A BARRIER. AMENDMENT 503.1.123.THE MAXIMUM DEAD- END CUL-DE-SAC LENGTH SHALL NOT EXCEED SIX HUNDRED FEET (600') AS MEASURED FROM THE CENTERLINE OF THE INTERSECTIONSTREET TO THE CENTER POINT OF THE RADIUS. AMENDMENT 503.1.524.ONE-AND TWO-FAMILY DWELLINGS AUTOMATIC FIRE SYSTEMS. AUTOMATIC FIRE PROTECTION SYSTEMS PER NFPA 13D OR NFPA 13R SHALL BE PROVIDED IN ALLONE-AND TWO-FAMILY DWELLINGS WITH A CONDITIONED FLOOR AREA OF 5,500 SQUARE FEET (511 M2) OR GREATER, DWELLINGS THREE (3) STORIES OR GREATER,OR DWELLINGS WITH ROOF HEIGHTS EXCEEDING THIRTY-FIVE FEET (35') FROM GRADE. IRC-2015 AMENDMENT R313.225.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTSOF THE CURRENT, ADOPTED BUILDING CODE.26.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL.27.ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL.28.ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL AND SHALL CONFORM TO THE APPROVED FAÇADE PLAN.29.SIDEWALKS OF NOT LESS THAN SIX (6) FEET IN WIDTH ALONG THOROUGHFARES AND COLLECTORS AND FIVE (5) FEET IN WIDTH ALONG RESIDENTIAL STREETS ANDBARRIER-FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS.30.APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE ENGINEERING SERVICES DEPARTMENT.31.SITE PLAN APPROVAL IS REQUIRED BEFORE THE GRADING RELEASE.32.ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND.33.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW PER THE ZONING ORDINANCE.34.ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF EASEMENT.35.IMPACT FEES WILL BE ASSESSED PER THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSEDLAND USE AT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS.36.THE APPROVAL OF A SITE PLAN SHALL BE EFFECTIVE FOR EIGHTEEN (18) MONTHS FROM THE DATE OF APPROVAL BY THE PLANNING & ZONING COMMISSION, ATTHE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED THE APPROVAL OF ENGINEERING PLANS AND BUILDING PERMITS. IF THEENGINEERING PLANS AND BUILDING PERMITS ARE NOT APPROVED, THE SITE PLAN APPROVAL, TOGETHER WITH ANY PRELIMINARY SITE PLAN FOR THE PROPERTY,IS NULL AND VOID.TREE STATEMENTREFERENCE THE LANDSCAPE PLAN FOR THE LOCATION OF THE TREES THAT ARE TO REMAIN/TOBE REMOVED.NOTES1.ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED2.ALL RADII ARE 3' OR 10' UNLESS OTHER WISE NOTED.WATER EASEMENTCONTROL POINT #115' SAN. SEWER EASEMENTINST. 20091123001417790D.R.C.C.T.170' TP&L EASEMENTVOL. 1262 PG 333D.R.C.C.T.SAN. SEWER EASEMENTVOL. 2014 PG 520 P.R.C.C.T.15' ELECTRIC EASEMENTINST. 20090210000143780D.R.C.C.T.15' SIDEWALK EASEMENTVOL 2014 PG 520 P.R.C.C.T.10' COSERVE EASEMENTVOL. 5394 PG. 201D.R.C.C.T.24' F.A.U.E EASEMENTINST. 200911230017800D.R.C.C.T.S89°43'33"W 616.04'S00°20'01"E 387.67'N5
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'S00°19'51"E 327.39'170' TP&L EASEMENTVOL. 1262 PG 333D.R.C.C.T.N 89°35'17"E 186.89'N 25°39'53"W 175.02'N 00°11'56"W55.59'WIRE HEIGHT FROM EX.GROUND = 48'±FILE NAME: C:\Users\BPotts\appdata\local\temp\AcPublish_10592\SP-8554.dwg LAYOUT NAME: SP SITE PLAN PRINTED: Monday, July 12, 2021 - 3:28pm USER: BPotts
Parkhill.comPROJECT NO.CLIENT#DATEDESCRIPTIONKEY PLAN154321ABCD2345Gateway Church
Prosper
Parking Lot AdditionGateway Church4331 Prosper TrailProsper, TX 750788554.19105/17/2021SITE PLAN SUBMITTALLIGHTHOUSE CHURCHADDITIONLOT 2, BLOCK A6.6 ACRESVOL. 2014 PG. 520P.R.C.C.T.GEORGE HORN SURVEY,ABST. NO. 412TOWN PROJECT# D21-0049PROFESSIONAL ENGI
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TH & COOPER,INC. F-560CHRISTIAN SCHNITGER8481007/12/2021207/06/2021SITE PLAN RE-SUBMITTAL 1Site PlanSPEXISTING TREES TO REMAIN, TYP.15' LANDSCAPE SETBACK25' LANDSCAPE EASEMENT15' LANDSCAPE SETBACK5' LANDSCAPE SETBACK15' LANDSCAPE SETBACKRAMPRAMP298 SF298 SF496 SF177 SF177 SF343 SF177 SF343 SF500 SF177 SF177 SF343 SF343 SF579 SF407 SF473 SFEXISTING SHARED DUMPSTER ENCLOSURE-8'-0" HT. BURNISHED BLOCKPROP CROSSWALKPROP CROSSWALKPROPL.P.CONCRETESIDEWALK, TYP.E PROSPER TRAIL(100' R.O.W.)ESCALANTE TRAIL PROP SETC.I.DRNDRNEXISTING DRAINAGE ANDDETENTION EASEMENTPROP H.W.PROP S.E.T.EXISTING F.A.D.U.E.SIGHT VISIBILITYTRIANGLESIGHT VISIBILITYTRIANGLESITE VICINITY MAP - NOT TO SCALEF.H.F.H.F.H.PROPL.P.PROPL.P.EXISTINGMONUMENT SNFUTUREMONUMENT SNR.O.WPROPL.P.PROPL.P.PROP L.P.HVACHVACHVACPROPL.P.PROP F.H.176 SF663 SF578 SF505 SF513 SF472 SFRESIDENTIALBLOCK ARHEA MILLS ESTATES(CAB. D. PG. 95)P.R.C.C.T.CALLED 5.716 ACJAMES M. ZOLLER &JULIE C. ZOLLER(VOL. 5628, PG. 4922)D.R.C.C.T.PD-57LOT 1, BLOCK ALIGHTHOUSE CHURCH ADDITION(CAB. 2010, PG. 142)P.R.C.C.T.~508' TO CUSTER ROADEXISTING SHRUBS TO REMAINPD-57LOT 2, BLOCK ALIGHTHOUSE CHURCH ADDITIONVOL. 2014 PG. 520P.R.C.C.T.PROPL.P.PROPL.P.L.P.L.P.L.P.PROPRIPRAPTYP.B.S.B.S.B.S.EX. F.D.C.I.W.M.D.W.M.RHEA MILLS CIRCLE
LIVING SCREEN-4+FT TEXAS SAGE @ 5FT O.C. SPACING PER ONCORLIVING SCREEN-4+FT TEXAS SAGE @ 5FT O.C. SPACING PER ONCORR.O.WPROPF.H.PROPF.H.PROPF.H.FUTURE DRNDRN307/12/2021SITE PLAN RE-SUBMITTAL 2177 SFPage 221Item 9.
CALLED 200 SQ. FT.RIGHT-OF-WAYDEDICATIONVOL. 2012, PG. 150,M.R.C.C.T.TBM X-CUTELEV=675.74'28.5'20.5'4.4'14.0'7.3'16.4'14.1'16.4'7.3'14.1'4.6'20.4'1 STORY FRAMEBUILDINGF.F. ELEV=677.46'SIGNLOT 9, BLOCK 9BRYANT'S ADDITIONTO PROSPERVOL. 116, PG. 162,D.R.C.C.T.20' ALLEY RIGHT-OF-WAYSSMH-RIM=675.57'FL-8" PVC=669.87' (N)FL-8" PVC=670.02' (E)FL-8" PVC=670.12' (S)SSMH-RIM=674.46'FL-12"PVC=664.21' (N)FL-8"PVC=667.11' (S)FL-12"PVC=663.81' (W)(WEST)(EAST 150.00')(SOUTH 140.00')
(NORTH)10'x10' FRAMESHEDF.F. ELEV=677.14'E. BROADWAY STREET100' RIGHT-OF-WAY18" RCPFL=677.26'24" CPPFL=672.53'24" CPPFL=671.67'STONEPLANTERS 60°30'42" E 188.21'CIRSCIRS1/2"IRF1/2"IRF1/2" CIRF(ILLEGIBLE)LOT 10-R, BLOCK 9AMENDING PLAT BRYANT'S ADDITION,LOT 10-R AN AMENDING PLAT OF LOTS10, 11 & 12, BLOCK 9VOL. 2012, PG. 150, M.R.C.C.T.23.8'27.0'EASEMENT FORWATER METERVOL. 2012, PG. 150,M.R.C.C.T.1/2" IRF BEARSS66°06'51"W, 0.51'FROM CORNERN 89°21'41" E 99.40'S 89°21'41" W 130.08'N 00°35'06" W 120.10'N 89°21'41" E 150.08'S 00°35'06" E 140.10'N 89°21'41" E 49.69'1/2"IRFLOT 8, BLOCK 9BRYANT'S ADDITIONTO PROSPERVOL. 116, PG. 162,D.R.C.C.T.LOT 7, BLOCK 9BRYANT'S ADDITIONTO PROSPERVOL. 116, PG. 162,L1L2L3N. COLEMAN STREET
1 STORY FRAMEBUILDINGF.F. ELEV=683.37'SDMH-RIM ON INLET=674.39'FL=668.19'(S)5.0'24" CPPFL=672.09'24" CPPFL=671.98'9'20'9'20'24'EX. WELLEX.SIDEWALK31'27'23.8'NO PARKINGVAN24'9'9'9'20'R20'25'24455678EX. FRAME SHED0 .48ACRES(20,826 SQ.FT)R3'R5'EX. 20' DRIVEWAY TO BEDEMOLISHED AND REPLACEDWITH 24' WIDE DRIVEWAYPROP. SAWCUTPROPOSEDBUILDING(1,280 SF)EX. HOUSE(1,218 SF)RIPRAP PERSHEET C-8SIDEWALK FLUMEPER SHEET C-8R20
'315' LANDSCAPEESMT.15' LANDSCAPE ESMT.5' LANDSCAPESETBACK5' LANDSCAPE SETBACK6' WOOD BOARD ON BOARD FENCELEGENDPROPERTY LINEPROPOSED CURB & GUTTER PER DETAILSSHEET C-12PROPOSED STANDARD DUTY CONCRETEPAVEMENT PER DETAILS SHEET C-12PROPOSED CONCRETE SIDEWALK PERDETAILS SHEET C-12PROPOSED FULL DEPTH SAWCUTFIRE LANEPARKING COUNT0GRAPHIC SCALE1 inch = ft.2020402010NOTES:1. ALL DIMENSIONS ARE TO FACE OF CURBUNLESS OTHERWISE NOTED.2. REFER TO ARCHITECTURAL PLANS FORBUILDING DIMENSIONS AND EXACT DOORLOCATIONS.3. REFER TO ARCHITECTURAL PLANS FORFENCE AND GATE DETAILS.COUNTYSURVEY:ABSTRACT NO.COLLINCHMCITY:STATE:PROSPERTEXASLEGAL DESCRIPTION:OWNER:APPLICANT/REPRESENTATIVE:CLAYMOORE ENGINEERING, INC.301 S. COLEMAN, SUITE #40PROSPER, TX 75078PH: 817.201.6982SURVEYOR:EAGLE SURVEYING210 S. ELM STREET, SUITE #104DENTON, TX 76201PH: 940.222.3009KIWI CROSSING LLC1416 PECAN VALLEY DRMCKINNEY, TX 75072PH: 810.380.2381 CASE # : D21-0064CONTACT NAME: MATT MOORECONTACT NAME: DAN RICKBRYANTS FIRST ADDITIONBLOCK 9, LOT 10-R,0.48 ACRES101 E.BROADWAY PROSPER CHIROPRACTICCONTACT NAME: JOHN PERRITONTOWN OF PROSPER SITE PLAN GENERAL NOTES:1. DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCEWITH THE ZONING ORDINANCE.2. OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITHTHE ZONING ORDINANCE.3. OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDSCONTAINED 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 THEZONING ORDINANCE.6. BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED.ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIREDEPARTMENT.7. FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS ORAS DIRECTED BY THE FIRE DEPARTMENT.8. TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALLTIMES.9. SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE.10. HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORMTO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTSOF 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 ANDARE SUBJECT TO BUILDING OFFICIAL APPROVAL.13. ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIALAPPROVAL AND SHALL CONFORM TO THE APPROVED FAÇADE PLAN.14. SIDEWALKS OF NOT LESS THAN SIX (6’) FEET IN WIDTH ALONG THOROUGHFARESAND COLLECTORS AND FIVE (5’) IN WIDTH ALONG RESIDENTIAL STREETS, ANDBARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWNSTANDARDS.15. APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS AREAPPROVED BY THE ENGINEERING DEPARTMENT.16. SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE.17. ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATEDUNDERGROUND.18. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW INACCORDANCE WITH THE ZONING ORDINANCE.19. ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OFEASEMENT.20. IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USECLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER,CHANGES TO THE PROPOSED LAND USE AT THE TIME CO AND/OR FINISH-OUTPERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKINGREQUIREMENTS.21. ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED.22. THE APPROVAL OF A SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF EIGHTEEN(18) MONTHS FROM THE DATE OF APPROVAL BY THE PLANNING & ZONINGCOMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVESUBMITTED AND RECEIVED APPROVAL OF ENGINEERING PLANS AND BUILDINGPERMITS. IF THE ENGINEERING PLANS AND BUILDING PERMITS ARE NOTAPPROVED, THE SITE PLAN APPROVAL, TOGETHER WITH ANY PRELIMINARY SITEPLAN FOR THE PROPERTY, IS NULL AND VOID.10CONSTRUCTION SCHEDULE SAW CUT FULL DEPTH EXISTING PAVEMENTHANDICAP SYMBOL PER DETAILS SHEET C-11HANDICAP SIGN PER DETAILS SHEET C-114" PARKING STALL STRIPING COLOR: WHITE (TYP)SIDEWALK PER DETAILS SHEET C-11EXISTING SIDEWALK TO REMAINADA RAMPS12345678DATENo.REVISION BYDATE:SHEETFile No.6/14/2021CHECKED:MAMDRAWN:ASDDESIGN:ASDPROSPER CHIROPRACTIC
101 BROADWAY
PROSPER, TEXAS
1903 CENTRAL DR. SUITE #406 PHONE: 817.281.0572
BEDFORD, TX 76034 WWW.CLAYMOOREENG.COMPRELIMINARYCLAYMOORE ENGINEERINGTEXAS REGISTRATION #141992016-XXXSITEE FIFTH STS COLEMAN ST
E. BROADWAY ST.E. FIRST ST.E. SIXTH ST.E. THIRD ST.N HALL STVICINITY MAPN.T.S.SITE PLANSP-10065Page 222Item 9.
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr., Director of Engineering Services
Through: Harlan Jefferson, Town Manager
Rebecca Zook, Executive Director of Development and Infrastructure Services
Re: Town Council Meeting – July 27, 2021
Agenda Item:
Consider and act upon a resolution of the Town Council of the Town of Prosper, Texas, declaring
the necessity to acquire certain properties for right-of-way, sanitary sewer easements, access
easements, and drainage easements for the construction of the First Street (Coit Road - Custer
Road) project; determining the public use and necessity for such acquisition; authorizing the
acquisition of property rights necessary for said Project; appointing an appraiser and negotiator as
necessary; authorizing the Town Manager to establish just compensation for the property rights to
be acquired; authorizing the Town Manager to take all steps necessary to acquire the needed
property rights in compliance with all applicable laws and resolutions; and authorizing the Town
Attorney to institute condemnation proceedings to acquire the property if purchase negotiations are
not successful.
Description of Agenda Item:
The Town is in the process of developing engineering plans for the construction of the First Street
(Coit Road - Custer Road) project. To facilitate the construction of the project, it is necessary for the
Town to acquire several parcels for right-of-way, sanitary sewer easements, access easements, and
drainage easements. The specific parcels are identified in the attached Resolution, and the Location
Map included with this agenda item depicts the fourteen (14) properties affected. As with other similar
road construction projects, it is not anticipated that any or all parcels will require the use of eminent
domain to complete the acquisition process; however, staff is requesting advance authorization to
pursue acquisition by eminent domain if standard negotiations are unsuccessful.
Attached Documents:
1. Resolution
2. Location map
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Resolution as to form and legality.
Prosper is a place where everyone matters.
ENGINEERING
SERVICES
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Item 10.
Page 2 of 2
Town Staff Recommendation:
Town staff recommends that the Town Council of the Town of Prosper, Texas, approve the attached
Resolution declaring the necessity to acquire certain properties for right-of-way, sanitary sewer
easements, access easements, and drainage easements for the construction of the First Street (Coit
Road - Custer Road) project with such properties being more particularly described in the attached
Resolution; determining the public use and necessity for such acquisition; authorizing the acquisition
of property rights necessary for said Project; appointing an appraiser and negotiator as necessary;
authorizing the Town Manager to establish just compensation for the property rights to be acquired;
authorizing the Town Manager to take all steps necessary to acquire the needed property rights in
compliance with all applicable laws and resolutions; and authorizing the Town Attorney to institute
condemnation proceedings to acquire the property if purchase negotiations are not successful.
Proposed Motion:
I move that the Town Council of the Town of Prosper, Texas, approve the attached Resolution
declaring the necessity to acquire certain properties for right-of-way, sanitary sewer easements,
access easements, and drainage easements for the construction of the First Street (Coit Road -
Custer Road) project with such properties being more particularly described in the attached
Resolution; determining the public use and necessity for such acquisition; authorizing the acquisition
of property rights necessary for said Project; appointing an appraiser and negotiator as necessary;
authorizing the Town Manager to establish just compensation for the property rights to be acquired;
authorizing the Town Manager to take all steps necessary to acquire the needed property rights in
compliance with all applicable laws and resolutions; and authorizing the Town Attorney to institute
condemnation proceedings to acquire the property if purchase negotiations are not successful.
Please note: Pursuant to Section 2206.053(c) of the Texas Government Code, if two (2) or
more councilmembers object to adopting this single Resolution for all the properties
referenced therein, a separate record vote must be taken for each unit of property.
This item requires a roll call vote.
Page 224
Item 10.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 2021 - ___
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, DECLARING THE NECESSITY TO ACQUIRE CERTAIN REAL
PROPERTIES FOR RIGHT-OF-WAY, DRAINAGE EASEMENTS, SANITARY
SEWER EASEMENTS, AND ACCESS EASEMENTS FOR THE
CONSTRUCTION OF THE FIRST STREET (COIT ROAD - CUSTER ROAD)
PROJECT; DETERMINING THE PUBLIC USE AND NECESSITY FOR SUCH
ACQUISITION; AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS
NECESSARY FOR SAID PROJECT; APPOINTING AN APPRAISER AND
NEGOTIATOR AS NECESSARY; AUTHORIZING THE TOWN MANAGER OF
THE TOWN OF PROSPER, TEXAS, TO ESTABLISH JUST COMPENSATION
FOR THE PROPERTY RIGHTS TO BE ACQUIRED; AUTHORIZING THE TOWN
MANAGER TO TAKE ALL STEPS NECESSARY TO ACQUIRE THE NEEDED
PROPERTY RIGHTS IN COMPLIANCE WITH ALL APPLICABLE LAWS AND
RESOLUTIONS; AND AUTHORIZING THE TOWN ATTORNEY TO INSTITUTE
CONDEMNATION PROCEEDINGS TO ACQUIRE THE PROPERTY IF
PURCHASE NEGOTIATIONS ARE NOT SUCCESSFUL; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), has
determined that there exists a public necessity to acquire the Property for the construction of the
First Street (Coit Road - Custer Road) project, the location of which is generally set forth in the
exhibits attached to this resolution; and
WHEREAS, the Town Council desires to acquire the property (“Property”), as more
particularly described in the exhibits attached to this Resolution, for this governmental and public
use in conjunction with the Town of Prosper’s construction of the First Street (Coit Road - Custer
Road) project (“Project”); and
WHEREAS, the Town Council desires that the Town Manager, or his designee, take all
necessary steps to acquire the Property for the Project including, but not limited to, the retention
of appraisers, engineers, and other consultants and experts, and that the Town Attorney, or his
designee, negotiate the purchase of the Property for the Project, and if unsuccessful in purchasing
the Property for the Project, to institute condemnation proceedings to acquire these required
property interests.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All of the above premises are hereby found to be true and correct legislative and factual
findings of the Town of Prosper, Texas, and they are hereby approved and incorporated into the
body of this Resolution as if copied in their entirety.
SECTION 2
The Town Council hereby finds and determines that a public use and necessity exists for
the Town of Prosper, Texas, to acquire the following Property for the Project, as more particularly
described in the Exhibits referenced herein:
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Resolution No. 2021-__, Page 2
EXHIBIT DESCRIPTION/INTEREST TO BE ACQUIRED
1 Approximately 0.036 acres of real property for drainage easement, situated generally
in the William H. Thomason Survey, Abstract Number 895, Collin County, Texas and
being a portion of Block A, Lot 2, Kids R Kids of Prosper Addition, an ad dition to the
Town of Prosper as recorded in Instrument Number 20140916010003100 of the
Official Public Records of Collin County, Texas
2 Approximately 0.079 acres of real property for drainage easement, situated generally
in the James Stone Survey, Abstract Number 847, Collin County, Texas and being a
portion of a 16.406-acre tract of land to Eunomia Prosper, LLC known as Tract 1 as
recorded in Instrument Number 20200717001114560 of the Official Public Records of
Collin County, Texas
3 Approximately 0.013 acres of real property for access easement, situated generally in
the William H. Thomason Survey, Abstract Number 895, Collin County, Texas and
being a portion of Common Area-6 of Greenspoint Phase 1, an addition to the Town
of Prosper as recorded in Instrument Number 20060601010002310 of the Official
Public Records of Collin County, Texas
4 Approximately 0.349 acres of real property for right -of-way and 0.014 acres of real
property for sanitary sewer easement, situated generally in the James Stone Survey,
Abstract Number 847, Collin County, Texas and being a portion of a called 217.822
acre tract of land to 55 Prosper, L.P. by Affidavit of Merger recorded in Instrument
Number 20120111000035080 of the Official Public Records of Collin County, Texas
and previously known as 218 Prosper L.P. as recorded in Instrument Number
20061218001779160 of the Official Public Records of Collin County, Texas
5 Approximately 0.209 acres of real property for right-of-way and 0.416 acres of real
property for drainage easement, situated generally in the James Stone Survey,
Abstract No. 847, and the William H. Thomason Survey, Abstract No. 895, in the Town
of Prosper, Collin County, Texas and being a portion of a called 138.8 acre tract of
land and a 23.74 acre tract of land to 55 Prosper, L.P. by Affidavit of Merger recorded
in Instrument Number 20120111000035080 of the Official Public Records of Collin
County, Texas and previously known as 162 Prosper L.P. as recorded in Instrument
Number 20060629000895600 and 20060629000895610 of the Official Public Records
of Collin County, Texas
6 Approximately 0.029 acres of real property for right-of-way, 0.011 acres of real
property for sanitary sewer easement, and 0.059 acres of real property for drainage
easement, situated generally in the James Stone Survey, Abstract No. 847, and in the
Spencer Graham Survey, Abstract No. 359 in the Town of Prosper, Collin County,
Texas and being a portion of a called 121.388 acre tract of land to HH Lakewood LLC
Instrument Number 20181101001359210 of the Official Public Records of Collin
County, Texas
7 Approximately 0.524 acres of real property for right-of-way, situated generally in the
Larkin McCarty Survey, Abstract No. 600, in the Town of Prosper, Collin County, Texas
and being portion of a called 10.1223-acre tract of land to Eve Long Chow as recorded
in Volume 4653, Page 3029 of the Deed Records of Collin County, Texas (D.R.C.C.T.)
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Item 10.
Resolution No. 2021-__, Page 3
8 Approximately 0.012 acres of real property for right-of-way, situated generally in the
Larkin McCarty Survey, Abstract Number 600, Collin County, Texas and being a
portion of Lot 1, Block A, Tolleson Addition, an addition to the Town of Prosper as
recorded in Instrument Number 20101028010002120 of the Official Public Records of
Collin County, Texas
9 Approximately 0.202 acres of real property for right-of-way, situated generally in the
Larkin McCarty Survey, Abstract Number 600, Collin County, Texas and being a
portion of a called 1.078-acre tract of land to Dan Tolleson as recorded in Instrument
Number 20200409000511770 of the Official Public Records of Collin County, Texas
10 Approximately 0.110 acres of real property for right-of-way, situated generally in the
Larkin McCarty Survey, Abstract Number 600, Collin County, Texas and being a
portion of called 1 acre tract of land to Dan Tolleson as recorded in Instrument Number
20160628000813120 of the Official Public Records of Collin County, Texas
11 Approximately 0.454 acres of real property for right-of-way, situated generally in the
Larkin McCarty Survey, Abstract Number 600, Collin County, Texas and being a
portion of two tracts of land to Prosper Kennels, LLC called Tract 1 and Tract 2 as
recorded in Instrument Number 20131120001560850 of the Official Public Records of
Collin County, Texas
12 Approximately 1.122 acres of real property for right-of-way, situated generally in the
Larkin McCarty Survey, Abstract Number 600, Collin County, Texas and being a
portion of a called 73.060 acre tract of land to 55 Prosper, L.P. by Affidavit of Merger
recorded in Instrument Number 20120111000035080 of the Official Public Records of
Collin County, Texas, previously known as 73 Prosper, L.P. as recorded in Instrument
Number 20051017001461230 of the Official Public Records of Collin County, Texas
13 Approximately 1.881 acres of real property for right-of-way, 0.336 acres of real
property for access easement, and 0.007 acres of real property for drainage easement,
situated generally in the Larkin McCarty Survey, Abstract Number 600, Collin County,
Texas and being a portion of a called 11.840-acre tract of land to Collin County
Lighthouse Christian Fellowship, Inc. as recorded in Instrument Number
202000819001365880 of the Official Public Records of Collin County, Texas
14 Approximately 2.074 acres of real property for right-of-way, 0.171 acres of real
property for access easement, and 0.088 acres of real property for drainage easement,
situated generally in the Larkin McCarty Survey, Abstract Number 600, Collin County,
Texas and being a portion of a called 45.000-acre tract of land to Sumeer Homes, Inc.
as recorded in Instrument Number 20210323000571600 of the Official Public Records
of Collin County, Texas
SECTION 3
The Town Manager, or his designee, is authorized and directed to negotiate for and to
acquire the Property for the Project, for the Town of Prosper, Texas, and to acquire said rights in
compliance with State and Federal law. The Town Manager is specifically authorized and directed
to do each and every act necessary to acquire the Property for the Project including, but not
limited to, the authority to negotiate, give notices, make written offers to purchase, prepare
contracts, to retain and designate a qualified appraiser of the property interests to be acquired,
as well as any other experts or consultants that he deems necessary for the acquisition process
and, if necessary, to institute proceedings in eminent domain.
Page 227
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Resolution No. 2021-__, Page 4
SECTION 4
The Town Manager, or any individual he may so designate, is appointed as negotiator for
the acquisition of the Property for the Project, and, as such, the Town Manager is authorized and
directed to do each and every act and deed hereinabove specified or authorized by reference,
subject to the availability of funds appropriated by the Town Council for such purpose. The Town
Manager is specifically authorized to establish the just compensation for the acquisition of the
Property. If the Town Manager or his designee determines that an agreement as to damages or
compensation cannot be reached, then the Town Attorney or his designee is hereby authorized
and directed to file or cause to be filed, against the owners and interested parties of the needed
property interests, proceedings in eminent domain to acquire the Property for the Project.
SECTION 5
This Resolution is effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, BY A VOTE OF ___ TO ___, ON THIS THE 27TH DAY OF JULY, 2021.
___________________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Interim Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 228
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EXHIBIT 2
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EXHIBIT 3
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EXHIBIT 5
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EXHIBIT 6
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EXHIBIT 7
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EXHIBIT 8
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EXHIBIT 9
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First Street (Coit Road - Custer Road)
Right-of-way and Easement Acquisition Overall Location Map
#
#
#
Right-of -way Owner Acreage Easement Owner Acreage
1 Kids R Kids 0.036
2 Eunomia Prosper
LLC 0.079
3 Greenspoint Ph 1 0.013
4 55 Prosper LP 0.349 4 55 Prosper LP 0.014
5 55 Prosper LP 0.209 5 55 Prosper LP 0.416
6 HH Lakewood 0.029 6 HH Lakewood 0.07
7 Eve Long Chow 0.524
#1
#2
#3
#4
#5
#6
#7
#8
#9 #10 #11 #12
#13
#14
Right-of -way
Right-of -way & Easement
Easement
Right-of -way Owner Acreage Easement Owner Acreage
8 Virgil Dan Tolleson JR 0.012
9 Dan Tolleson 0.202
10 Dan Tolleson 0.110
11 Prosper Kennels LLC 0.454
12 55 Prosper LP 1.122
13 Lighthouse Christian
Fellowship 1.881 13 Lighthouse Christian
Fellowship 0.343
14 Sumeer Homes, Inc 2.074 14 Sumeer Homes, Inc 0.259
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To: Mayor and Town Council
From: Khara C. Dodds, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Rebecca Zook, P.E., Executive Director of Development & Infrastructure
Services
Re: Town Council Meeting – July 27, 2021
Agenda Item:
Update on the Dallas North Tollway regarding land uses and design standards.
Background/Description of Agenda Item:
With the DNT anticipated to consist of the most intense land uses and the best opportunity to
accommodate employment centers, the Town Council noted the need to develop a vision and plan
for the future of the corridor.
At the Town Council meeting on June 22, 2021, Councilmembers provided feedback on different
approaches to planning for the future development on the Tollway. Some of the concepts
discussed included design guidelines, an overlay district or a combination of the two options. From
that discussion, three possible options emerged to plan for the future development of the Tollway:
Option 1- A traditional overlay district that would amend the zoning ordinance and zoning
map.
Option 2- Design Guidelines that give direction and guidance for developers without
creating additional zoning requirements.
Option 3- Design guidelines with an overlay purpose - These are design guidelines that
strongly communicate the Town’s vision for the district. Instead of creating additional
zoning requirements, the Town Council has the ability to provide development incentives
for plans that are pursuant to the Town’s vision, as articulated in the guidelines.
In addition, following the meeting on June 22nd, Town staff also provided the following items per
Council request:
Map displaying properties where gas stations and liquor stores can currently be located
Map displaying sewer and water availability
Zoning Analysis of permitted uses for properties adjacent to the Tollway
For the meeting on July 27th, Staff will provide a project update, along with draft design guidelines
pursuant to Option 3. The purpose of these guidelines will be to communicate the Town’s vision
Prosper is a place where everyone matters.
PLANNING
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and expectation for future development on the Tollway while remaining sensitive to the rights of
existing property owners. The design guidelines will provide the opportunity for the Town Council
to leverage development expectations while providing flexibility to developers and property
owners. The goal is for this combination of leverage and flexibility to yield the most vibrant and
innovative projects on the Tollway while creating an environment where people can live, work,
play and shop.
The design guidelines will apply to future developments in the area known as the Dallas North
Tollway District, as identified on the Future Land Use Plan map. Please see the map included in
the attached Draft Design Guidelines.
Attached Documents:
1. Draft Design Guidelines
Town Staff Recommendation:
Town staff requests feedback and direction from the Town Council on the draft Design Guidelines.
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Dallas North Tollway District
Design Guidelines
A. Intent and Purpose
The Dallas North Tollway is a primary thoroughfare within the Town of Prosper and one of the most
heavily traveled roadways in North Texas. It is recognized that the Dallas North Tollway will serve as a
significant opportunity for economic development and a sustainable tax base for the Town. The
Comprehensive Plan identified the Dallas North Tollway as a future location for the Town’s most intense
land uses.
The purpose of these design guidelines is to provide direction on land use and design for future
development that the Town of Prosper envisions on the Dallas North Tollway. Design guidelines define
the qualities of building and site design that make successful projects and are tools for guiding projects
to positive development outcomes. These guidelines will help to elevate the community’s expectations
for the built environment in the Tollway District. They provide a series of design and land use
statements that explain the desired development elements and qualities that will shape the future of
the Dallas North Tollway.
Another purpose of these guidelines is to communicate Town expectations to property owners when
formulating development plans for proposed projects. The guidelines will provide a framework of land
use and designs that will ensure projects are compatible with the goals of the Town for the Tollway.
These guidelines are not zoning requirements, rather, they offer flexibility allowing for project creativity,
imagination and innovation while encouraging careful and thoughtful land use and design choices that
promote high quality and sustainable developments. The anticipated outcome is that these guidelines
will result in a vibrant community along the Tollway that is a welcoming and attractive place for people
to live, work, play and visit.
B. General Description
The design guidelines shall apply to future development proposals located within the Dallas North
Tollway District as designated on the Future Land Use Plan Map for the Town of Prosper. Maps of the
Dallas North Tollway District are identified in Exhibits One and Two, attached.
C. Tollway Sub-districts
The Tollway Design District is divided into three sub-districts. The eastern and western boundaries of
the subdistricts are as identified in the Dallas North Tollway District on the Future Land Use Plan Map for
the Town of Prosper. The northern and southern boundaries of the subdistricts are as follows:
1. U.S. 380 Gateway
The boundary of the U.S. 380 Gateway sub-district extends from U.S. Highway 380 to First
Street.
2. F.M. 1461 Gateway
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On the east side of the Dallas North Tollway, the boundary extends from F.M. 1461 and down to
the southerly property line of Planned Development 69. On the west side of the Tollway the
gateway area extends from F.M. 1461 in the north to Prosper Trail in the south.
3. Neighborhood Services and Retail sub-district
On the east side of the Dallas North Tollway, the Neighborhood Services and Retail sub-district
extends from the southerly boundary of PD 69 in the north down to W. First Street. On the west
side of the Tollway, this sub-district extends from Prosper Trail in the north to First Street in the
south.
D. Tollway Sub-District Requirements
1. U.S. 380 Gateway
a. On the Dallas North Tollway and U.S. 380, the minimum front yard is fifty (50) feet and shall
include a thirty (30) foot landscape buffer.
b. No parking or drive aisles may occur in the landscape buffer.
c. A maximum of two rows of parking in the front of the building.
d. Minimum building height shall be two (2) stories. If the building contains a use(s) as described
in Section E, Permitted Uses, the building height can be a one (1) story building with a
minimum of twenty (20) feet in height.
2. F.M. 1461 Gateway
a. On the Dallas North Tollway and F.M. 1461, the minimum front yard is fifty (50) feet and shall
include a thirty (30) foot landscape buffer.
b. No parking or drive aisles may occur in the landscape buffer.
c. A maximum of two rows of parking in the front of the building.
e. Minimum building height shall be two (2) stories. If the building contains a use(s) as described
in Section E, Permitted Uses, the building height can be a one (1) story building with a
minimum of twenty (20 ft in height.
3. Neighborhood Services and Retail sub-district
a. On the Dallas North Tollway, the minimum front yard setback shall be thirty (30) feet.
Landscape buffer requirements shall be in accordance with Section M-Landscaping of these
guidelines.
b. No parking or drive aisles may occur in the landscape buffer.
c. A maximum of one row of parking in the front of the building.
d. Minimum building height shall be one (1) story.
e. The Neighborhood Services and Retail subdistrict is adjacent to existing residential
neighborhoods. For context sensitivity in development, the maximum building heights shall be
as follows:
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i. On the east side of the sub-district (east side of the Tollway), the maximum
building height shall be two (2) stories from the southerly boundary of PD 69 in
the north down to Prosper Trail in the south. From Prosper Trail to W. First
Street, the maximum building height shall be three (3) stories.
ii. On the west side of the sub-district (west side of the Tollway from Prosper Trail
to W. First Street), the maximum building height shall be two (2) stories.
E. Permitted Business Establishments
The following business establishments shall be permitted in the Dallas North Tollway District.
Businesses followed by an “S” are only permitted upon approval of a Specific Use Permit. Businesses
followed by a “C” are permitted subject to the Conditional Development Standards as outlined in
Section 1.4 of Section 1 of Chapter 3 of the Zoning Ordinance. Certain businesses permitted subject to
the Conditional Development Standards may also require approval of a Specific Use Permit.
Schedule of Permitted Business Establishments for the Dallas North Tollway
District
Administrative, Medical, Insurance or Professional Office
Automobile Paid Parking Lot/Garage
Automobile Parking Lot/Garage
Bank, Savings and Loan, or Credit Union
Beauty Salon/Barber Shop as an Incidental Use
Big Box (S)
Building Material and Hardware Sales, Major (S)
Business Service
Catering Business
Child Care Center, Incidental (Care of Children of Employees in the Building)
Civic/Convention Center
College, University, Trade, or Private Boarding School
Commercial Amusement, Indoor (S)
Farm, Ranch, Stable, Garden, or Orchard
Food Truck Park (C)
Furniture, Home Furnishings and Appliance Store
Governmental Office
Gymnastics/Dance Studio (S)
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Health/Fitness Center (S)
Helistop (S)
Hospital
Hotel, Full Service (C)
Hotel, Limited Service (C)
Hotel, Residence/Extended Stay (C)
House of Worship
Massage Therapy, Licensed as an Incidental Use
Meeting/Banquet/Reception Facility (S)
Mobile Food Vendor (S)
Multifamily (S)
Municipal Uses Operated by the Town of Prosper
Museum/Art Gallery
Outdoor Merchandise Display, Temporary
Park or Playground
Print Shop, Minor
Private Club (C)
Private Utility, Other Than Listed
Research and Development Center (S)
Restaurant without Drive-thru or Drive-in Service (C)
Restaurant with Drive-thru Service (S)
Retail Stores and Shops
Retail/Service Incidental Use
School, Private or Parochial
School, Public
Telephone Exchange
Temporary Buildings for Churches, Public Schools and Governmental Agencies (S)
Theater, Neighborhood
Theater, Regional
Winery (enclosed operations)
Wireless Communications and Support Structures (Cell Tower) (S)
Grocery Stores with Gas Pumps
Through a Planned Development process, the Town Council may permit a big box grocery store with gas
pumps. If permitted, gas pumps shall be located behind or on the side of the main building. If the
pumps are located on the side of the main building, th e main building shall be located closer to the
build-to-line than the pumps. There shall also be a minimum of a 15 f eet landscape buffer to screen
the pumps from the street edge.
Multi-family Developments
The Town Council may permit increased density f or a development that includes a multi-family
development, in addition to businesses and/or amenities described in Section F. “Business
Establishments Pursuant to the Town’s Vision below.
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F. Business Establishments Pursuant to the Town’s Vision
The Town Council envisions the Dallas North Tollway to be a place for not only employment centers, but
also for families. It is the desire to create an environment with amenities that will allow families to visit
and enjoy. The following business establishments, as also included in the table of permitted businesses
above, are strongly encouraged.
Museum/Art gallery
Theatre
Commercial amusement-Indoor
Civic/Convention Center
Hotel-Full Service
Restaurants -Dine In with or without outdoor patio
Developments are also strongly encouraged to include public open space, public gathering
places and public art, where feasible.
G. Discouraged Business Establishments
The following businesses are discouraged in the Dallas North Tollway District as they are not consistent
with the Town’s vision and goals for the corridor.
Discouraged Establishments for the Dallas North Tollway District
Antique Shop and Used Furniture
Artisan’s Workshop
Assisted Living Facility
Athletic Stadium or Field, Private
Athletic Stadium or Field, Public
Auto Parts Sales, Inside
Automobile Repair, Major (Paint & Body or Outdoor Storage)
Automobile Repair, Minor
Automobile Sales, Used
Automobile Sales/Leasing, New
Automobile Storage
Bed and Breakfast Inn
Body Art Facilities
business for drug paraphernalia sales;
Building Material and Hardware Sales, Minor
Cabinet/Upholstery Shop
Car Wash
Car Wash, Self-Serve
Cemetery or Mausoleum
Child Care Center, Licensed
Commercial Amusement, Outdoor
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Community Center
Contractor’s Shop and/or Storage Yard
Convenience Store with Gas Pumps (located at two major thoroughfares)
Convenience Store without Gas Pumps
Credit access businesses**
Day Care Center, Adult
Donation or Recycling Bin
Dry Cleaning, Major
Equipment and Machinery Sales and Rental, Major
Equipment and Machinery Sales and Rental, Minor
Fairgrounds/Exhibition Area
Farmer’s Market
Feed Store
Flea Market, Inside
Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority
Funeral Home (On-site Cremation Requires SUP)
Furniture Restoration
Gaming-oriented businesses (including slot machines)
General Manufacturing/Industrial Use Complying with Performance Standards
Golf Course and/or Country Club
Homebuilder Marketing Center
Indoor Gun Range
Laundromat
Limited Assembly and Manufacturing Use Complying with Performance
Standards
Locksmith/Security System Company
Machine Shop
Mini-Warehouse/Public Storage
Motorcycle Sales/Service
Nursery, Major (outside display)
Nursery, Minor (no outside display)
Office and Storage Area for Public/Private Utility
Office/Showroom
Office/Warehouse/Distribution Center
Open Storage
Outside Storage, Primary Use
Outside Storage, Incidental
Package Liquor Stores **
Pawn Shops
Pet Day Care
Print Shop, Major
Private Recreation Center
Recreational Vehicle Sales and Service, New/Used
Recreational Vehicle/Truck Parking Lot or Garage
Recycling Center
Recycling Collection Point
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Rehabilitation Care Institution
Repair Service, Indoor
Restaurant, Drive In
School District Bus Yard
Sewage Treatment Plant/Pumping Station
Sexually-oriented Businesses ***
Small Engine Repair Shop
Smoke/Vape Shops
Storage or Wholesale Warehouse
Taxidermist
Temporary Buildings for Private Enterprises
Trailer Rental
Transit Center
Truck Sales, Heavy Trucks
Veterinarian Clinic and/or Kennel, Indoor
Veterinarian Clinic and/or Kennel, Outdoor
*Credit access businesses, as defined in Texas Finance Code § 393.601, as amended, including but not
limited to payday lending businesses, “cash for title” lenders, and credit services businesses, as defined
in Texas Finance Code § 393.001, as amended.
**Package liquor stores, defined as any business entity that is required to obtain a Package Store Permit
from the Texas Alcoholic Beverage Commission for the off-premise consumption of alcohol.
***Sexual-oriented businesses, including but not limited to business entities whose primary purpose is
the sale of lewd merchandise.
H. The Gateways
The gateways are the entrances to the subject area that set the tone for the entire corridor. Gateways
provide a unique sense of identity, transition, and anticipation. They act as a transition from one space
to another and they identify the uniqueness that sets that space apart from another. Gateway
properties are prime locations for creating an image that leads visitors to form a positive attitude
toward a community even before they enter the main street of an area.
1. The gateways should be clearly identifiable to vehicular and pedestrian travelers.
a. Monument signage shall be used at major intersections to mark the arrival of specific areas or to
identify marquee development projects.
b. Entrances to marquee developments shall incorporate a generous amount of landscaping that is
diverse and colorful that provides texture and interest to the area.
c. Street banner signs and wayfinding signage are also great ways to give a unique identity to a
location. It is important that there is uniformity in terms of sign and banner materials,
print/logos, and color. Signs should also complement and add to the positive experience for an
area.
2. Include Public Art in Gateway Areas to promote vitality and provide a unique sense of identity.
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Art can be an expression of a collective community identity. It can celebrate what is unique about a
community and honor the past and present heritage. Art can include references to the Town’s
geography, history, landmarks, ethnic and cultural diversity which can increase a sense of belonging
when people can associate themselves with a place.
a. Art should be integrated into the community fabric of the Tollway and should be used to mark
significant intersections of the Tollway.
b. Developers should incorporate artist into the design team from the inception of planning in
order to integrate works of art into their projects.
c. Stand alone public art can also be used and does not necessarily have to be tied to a project.
Local artists should be used whenever possible.
I. Site Design and Building Placement
It is important that site design for development plans foster the creation of high-quality
architectural forms, scale and pedestrian amenities. With the Tollway being one of the most
heavily traveled roadways through the Town, the site design needs to create an aesthetically
pleasing appearance on the Tollway for visitors and travelers.
1. The site design shall designate major entryways into a development with an entry feature that
includes assets such as landscaping, an entry monument, a sculpture or a fountain(s).
2. The building's primary façade shall face the public road from which address ing is provided. Where
the building's primary façade is unable to be oriented parallel to the road from which it is
addressed due to site constraints or other factors, each façade which is clearly visible from a public
right-of-way or public area shall be designed with architectural treatments used for primary
façades.
3. Buildings shall have entrances oriented to the sidewalk for ease of pedestrian access and shall
be located in such a manner as to minimize conflicts between pedestrians and automobiles.
4. Corner lots: At key intersections, buildings located on corner lots should utilize variations in
building massing to emphasize street intersections as points of interest in the district.
5. Driveways, curb cuts, parking and internal roadway/traffic circulation shall be designed to
provide cross access so that uninterrupted vehicular access from parcel to parcel is achieved.
6. For streets with on-street parking, a build-to-line shall be required. A “build -to-line” is a line
parallel to a public or private street where the primary façade of a building must be built to.
a. Buildings with non-residential uses on the first floor shall be established at the
minimum front yard setback. The primary façade shall be continuous along block face
and at least 70% shall be lo cated adjacent to the build-to-line.
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7. All lighting standards shall be in accordance with the Town of Prosper Zoning Ordinance,
Chapter 3, Section 6 , entitled, “Outdoor Lighting.”
Parking Design Standards
The intent of this section is to design parking lots that provide access to commercial and office
developments, while minimizing the potential negative impact associated with expansive vistas of
unbroken concrete pavement along the Tollway. All requirements in accordance with Chapter 4, Section 4
entitled, “Parking, Circulation and Access ,” in the Town of Prosper Zoning Ordinance shall be followed.
1. The majority of off-street parking for new developments within the Tollway district shall be
provided on the side or rear of the primary building.
2. Parking maximums between the building and the street are in accordance with the requirements
of the subdistrict requirements in Section D, above.
3. Shared parking agreements for adjacent properties are acceptable where they include a
business pursuant to the Town’s vision as identified above in Section F and there is a written
agreement between the property owners that clearly stipulates the terms of the joint use of the
parking spaces and that such spaces are committed and available to the respective users on a
non-conflicting basis.
4. Up to thirty (30) percent of the parking spaces required may be waived for a theatre or other
place of evening dining and entertainment (after 6:00pm), and if used jointly by banks, offices
and similar uses not normally open or operated during the evening hours.
5. Parking garages shall be located behind or to the side of the primary building. If a parking garage
fronts on a public street, it shall have an architecturally finished façade facing the street(s),
complementary to the surrounding buildings. Street front openings in parking structures should
not exceed 55 percent of the façade area. This percentag e excludes the top floor if the garage is
unroofed. Where possible, the narrower façade of the parking garage should be oriented to the
street in order to minimize the visual impact of the structure on the public right -of-way and
pedestrian paths.
J. Residential Neighborhoods
Buffering existing neighborhoods through compatibility standards serves to integrate the existing
neighborhoods into the community fabric and respects their essential value.
1. Commercial developments shall be planned to minimize increased use of adjacent
neighborhood streets. Vehicular access to new development and parking requirements shall
minimize the impact on neighborhood traffic flow and avoid major disturbances to the
neighborhood character. Projects with frontage on a neighborhood street should limit public
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access from that street and limit business associated parking on that street to avoid significantly
altering the residential character.
2. Buildings located within 150 feet of single-family zoned properties shall not exceed two (2) stories,
and no greater than 40 feet in height.
3. Buildings which exceed two (2) stories or 40 feet, shall have an additional setback from single
family zoned properties at the rate of one foot of setback, beyond the aforementioned 150 feet,
for each additional foot of building exceeding two (2) stories and 40 feet.
4. When a new project is proposed, it is vital that communications occur with existing
neighborhoods in proximity to the project site. This should be strongly encouraged.
5. Existing residential neighborhoods shall be buffered from the new Tollway development by
open space and/or a linear network of greenways. Pedestrian and bicycle pathways can also be
integrated to transform the buffer area into a passive recreational amenity while providing a
low-intensity transitional use adjacent to the non-residential Tollway development. The Town
of Prosper Bike and Trail Master Plan should be referenced in making decisions regarding
locations of greenways, pedestrian and bicycle pathways.
K. Building Design
All building architecture and design shall be in accordance with the standards as identified in the Town
of Prosper Zoning Ordinance Chapter 3, Section 8, entitled, “Non-Residential Design and Development.”
1. Building the Pedestrian Realm
It is important that the materials and construction of streetscapes and buildings at the lower floors
provide a level of detail and quality which creates a pedestrian-friendly environment that is warm and
inviting.
a. Ground floor facades facing the Dallas North Tollway and any intersecting thoroughfare must
incorporate articulated entry areas, arcades, display windows, awnings, or other architectural
variety features along no less than sixty percent (60%) of the facade. The entrance or entrances
on all buildings shall be defined with strong architectural features.
b. Storefronts on facade treatments that span multiple tenants shall use architecturally compatible
materials, colors, details, awnings signage, and lighting fixtures. Retail ground floors shall have
windows covering a minimum of 60% of the major street fronting facade(s). Other ground level
uses shall have facade treatments appropriate to such uses(s).
2. Building Entrances
The design and location of building entrances in the Tollway District are important to help define the
pedestrian environment and create retail-friendly environments.
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1. Entrances should be easily identifiable as primary points of access to buildings. Building entrances
may be defined and articulated by architectural elements such as lintels, pediments, pilasters,
columns, porticos, porches, overhangs, railings, balustrades, and others, as appropriate. All building
elements for entryways shall be compatible with the architectural style, materials, colors, and
details of the building as a whole.
L. Service Equipment Areas
1. Loading docks, truck parking, trash collection, dumpsters, and other service functions shall be
incorporated into the overall design of the building or placed behind or on the side of a building
and screened to not be seen from the rights-of-way. On corner lots, these areas shall be located
behind the buildings.
2. Roofs shall be designed and constructed in such a way that they acknowledge their visibility
from other buildings and from the street. Rooftop mechanical equipment shall be adequately
screened with durable material that is architecturally compatible with the building design.
3. All other requirements as identified in the Zoning Ordinance in Chapter 4, Section 5, entitled,
“Screening, Fences and Walls,” shall be followed.
M. Landscaping Standards
In addition to the requirements as described below, all other requirements as identified in the Town of
Prosper Zoning Ordinance, Chapter 4, Section 2, entitled, “Landscaping,” shall be adhered to.
1. A landscaped area consisting of living trees, turf, or other living ground cover and being at least
thirty (30) feet in width measured from the property line interior to the property shall be provided
adjacent to and outside of the right-of-way on all properties adjacent to the Dallas North Tollway, F.M.
1461, and US Hwy 380.
a. One (1) large tree, four (4) inch caliper minimum (at the time of planting) per twenty-five (25)
feet of linear roadway frontage shall be planted within the required landscaped area.
b. The trees may be planted in groups with appropriate spacing for species.
c. Shrub plantings shall be provided at a minimum rate of 22 shrub plantings per thirty (30) linear
feet which shall be a minimum of five (5) gallon shrubs (at the time of planting).
d. Parking abutting the landscaped area will be screened from the adjacent roadway. The required
screening may be with shrubs or earthen berms.
e. During the review of development proposals, the Town Council may also require additional
landscaping features such as berms or hardscape elements for enhanced beautification of the
Tollway District.
2. A landscaped area consisting of living trees, turf, or other living ground cover and being at least
twenty-five (25) feet in width measured from the property line interior to the property shall be
provided adjacent to and outside of the right-of-way on all properties adjacent to a minor
thoroughfare as defined by the Town of Prosper Thoroughfare and Circulation Design Standards.
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a. One (1) large tree, four (4) inch caliper minimum (at the time of planting) per thirty (30) feet of
linear roadway frontage shall be planted within the required landscaped area.
b. The trees may be planted in groups with appropriate spacing for species.
c. Shrub plantings shall be provided at a minimum rate of 20 ten (10) gallon shrubs per thirty (30)
linear feet.
d. Parking abutting the landscaped area will be screened from the adjacent roadway. The required
screening may be with shrubs or earthen berms.
e. During the review of development proposals, the Town Council may also require additional
landscaping features such as berms or hardscape elements for enhanced beautification of the
Tollway District.
3. Additional Requirements: For big box retail and grocery stores, one (1) tree planted for each one-
hundred (100) linear feet. The trees shall be a minimum of 4" caliper and may be placed in planters.
N. Pedestrian Connectivity and Amenities
1. A minimum six (6) foot wide, paved pedestrian sidewalk shall connect the perimeter sidewalk to
the building entry, if the building is set back from the perimeter sidewalk. This connecting
sidewalk shall be handicapped accessible.
2. Sidewalks must be a minimum width of ten (10) feet wide adjacent to any four-lane or six-lane
roadway. All other roadway adjacencies must have sidewalks of least 6 ft.
3. Large sites should create a pedestrian pathway system that link s all buildings, parking areas
and open spaces utilizing the pedestrian pathways that will connect to any nearby public
sidewalks.
a. Linkages between the uses and the parking areas will also encourage activity at the
pedestrian level and provide safety for the pedestrians. Pedestrian crosswalks shall be
clearly marked and provided at all key street intersections.
4. Pedestrian pathways shall also be designed for the pedestrian’s comfort. Shade trees shall be
provided along pedestrian pathways to provide a comfortable walk, which will encourage
people to use sidewalks and pathways.
5. Overhead covers shall extend from the sides of buildings that have adjacent sidewalks, offering
adequate protection from the sun and rain.
a. Overhead protection should be located a minimum of 9 to 14 feet above the level of the
sidewalk and should provide a minimum of 8 ft of cover in width.
b. Projections may take the form of retractable or non-retractable awnings, or fixed non-
fabric projected covers.
Page 290
Item 11.
13
6. Streetscape amenities such as benches, trash receptacles, planters, bike racks and pedestrian-
scale lighting support the public domain and will promote the use and vitality of pedestrian and
bicycle pathways. The use of the amenities shall be encouraged, where applicable.
7. Amenities shall be placed in such locations as to not block pedestrian or emergency access.
8. A continuous pedestrian/bicycle route shall be constructed throughout the Tollway District.
Locations of bike and trail connections as identified in the Town’s Hike and Bike Trail Master
Plan shall be considered in making development decisions.
9. This section supplements and does not replace any existing town requirement for sidewalk
construction. All town ordinances and engineering requirements shall be adhered to.
O. Public Parks and Open Spaces
Publicly accessible parks and open space organize and reinforce neighborhood structure. They offer a
wide variety of passive and active recreational experiences ranging in size and type, but together, they
create an integrated system enhancing livability, natural appearance, and ecological values while
providing gathering places and interaction opportunities for the community.
1. Public parks and open spaces shall be visible and easily accessible from public areas such as
building entrances and adjacent streets and sidewalks.
2. Within these parks, ample seating shall be provided, including walls, ledges, and other raised
surfaces which can serve a similar purpose.
3. Active uses such as retail, cafes, restaurants, higher density residential and office uses which
provide pedestrian traffic should be considered as appropriate uses to line parks and open
spaces.
4. Development plans shall take the goals and objectives of the Town’s Bike and Trail Master Plan
into consideration when planning for new parks and open space amenities.
P. Signage
1. A comprehensive sign package shall be developed for each project and shall be approved by the
Planning & Zoning Commission and Town Council.
2. The immediate area around a monument sign shall be landscaped with plantings of an
appropriate height not to block or obscure the sign.
3. Signage shall enhance the pedestrian character of the districts by providing signs that are
pedestrian in scale and located so as to be legible from the sidewalks.
Page 291
Item 11.
14
4. Businesses are encouraged to create individually styled signage that distinguishes their
establishment. However, multi-tenant developments shall have signage that is uniform in style,
type, material and lighting.
5. Directory signs may be provided to help direct the public to different businesses and services in
the Gateway sub-districts. These may be provided at prominent locations in the sub-districts.
6. Signs may be lit by external light sources as long as such sources are not visually intrusive as
determined with the project's comprehensive sign package.
Page 292
Item 11.
15
EXHIBIT 1
Town of Prosper Future Land Use Plan Map
Dallas North Tollway District
Page 293
Item 11.
16
EXHIBIT 2
Page 294
Item 11.
Town Council
Update on Funding of Capital Projects and
2020 Bond Program.
July 27, 2021
Page 295
Item 12.
Approved 2020 Bond Election
•Total Bond Election $210 million
•Three Propositions
•Public Safety -$30 million
•Parks and Recreation -$30 million
•Street and Roadways -$150 million
2 Page 296
Item 12.
PROJECT DESCRIPTION COST
Central Fire Station
This proposed new Central Fire Station location is on Safety Way directly next door to
the west side of the new police department under construction. The needs assessment
was just received from the architect and is still being reviewed by staff. The building is
estimated at 27,970 square feet that includes over 7,000 square feet of apparatus bays
with under 21,000 square feet of space for the fire station itself, Fire Administration,
Emergency Management, and the Fire Marshal’s Office. It will also house the
Emergency Operations Center.
18,000,000$
Fire Station #4
This location is just west of Cockrell Elementary on Prosper Trail. This site is for the
future Fire Station 4. We believe this fire station will be a smaller fire station with only 2
to 2.5 bays (one of the bays would be a half bay not a pull-through.) A needs
assessment has not been completed but at this time we believe the station will be
approximately 12,000 square feet on the high side.
6,000,000$
Public Safety Training
Facility Phase 1
This location is the site for the future Public Safety Training Facility. This training complex
would be used by Police and Fire. It would be located directly west of the proposed
future Central Fire Station. Phase 1 would include a minimum of a 4 story tower,
associated props, and classrooms.
6,000,000$
TOTAL PROPOSED PUBLIC SAFETY PROPOSITION 30,000,000$
3 Page 297
Item 12.
4
PROJECT DESCRIPTION COST
Sexton Park -Phase 1
This Community Park is approximately 69.50 acres. The proposed bond funding will be used to begin design and construction
of Phase 1 of the park. Phase 1 is anticipated to include construction of a concession building, restrooms, trails, picnic area,
youth athletic fields sports fields, and parking. Additional funding will be required to complete the project.
13,700,000$
Lakewood Preserve
Phase 2
This large Neighborhood Park is approximately 22.84 acres and currently contains a playground and hike and bike trails
(Phase I). Proposed bond funding would be used to design and construct Phase 2 of the park, completing the project. Phase
2 elements would be: pavilion, sand volleyball courts, basketball court, demonstration garden, parking, and a large area of
lighted practice fields.
2,000,000$
Tanners Mill Park
Phase 2
This Neighborhood Park is approximately 8.8 acres. Phase 1 is currently under construction by the developer and includes
only rough grading and perimeter sidewalks. The proposed bond funding would be used to construct Phase 2 of the park to
include: irrigated open space, backstops, playground, a basketball court, pavilion, picnic tables and benches. Adding these
items would complete the park with elements typically included in Town of Prosper Neighborhood Parks.
1,130,000$
Various Hike and Bike
Tails
This funding will provide for the design and construction of hike and bike trails throughout town. The projects will be based on
the Hike and Bike Trail Master Plan that is scheduled to be adopted this summer. These trails will be ADA compliant and meet
all state and local requirements.
3,400,000$
Un-named Community
Park
This proposed project is intended to provide design and construction of a phase of a Community Park. This could be a future
phase at Sexton Park or a phase at another community park located elsewhere within the Town. The decision of timing and
location would be dependent upon specific need, as well which park location would serve the residents the best.
5,500,000$
Windsong Park #3
This Neighborhood Park is approximately 7.5 acres. The proposed bond funding would fund the design and construction of the
park with elements typically included in Town of Prosper Neighborhood Parks: a large pavilion with picnic tables, parking lot,
picnic areas, an irrigation system, hike and bike trails, security lighting, monument sign, walks, large open space to be used
for youth practice and nature areas.
1,130,000$
Town Hall Open Space
This large open space south of Town Hall is approximately 1 acre in size. The proposed bond funding would be used to begin
design and construction of the open space area. Amenities included with the project would be: a great lawn, benches, tables,
decorative pavement and seating walls. It is anticipated that additional funding may be needed to complete the full
construction of this plaza area.
2,010,000$
Un-named
Neighborhood Park
This proposed project is intended to provide design and construction of a Neighborhood Park in an underserved area. The
specific site has not been identified. The location and timing of design and construction will be based on needs of the Town
due to development patterns. The park would include items typically found in the Town of Prosper Neighborhood Parks: a
large pavilion with picnic tables, parking lot, picnic areas, an irrigation system, hike and bike trails, security lighting, monument
sign, walks, large open space to be used for youth practice and nature areas.
1,130,000$
TOTAL PROPOSED PARKS PROPOSITION 30,000,000$ Page 298
Item 12.
5
ROADWAY DESCRIPTION COST*
First Street
(Coit - Custer)
Construction: 4-lane ultimate divided roadway with concrete, curb and underground drainage from Coit Road to Custer
Road.21,000,000.00$
Fishtrap Road
(Elem - DNT)
Construction: 4-lane ultimate divided roadway with concrete, curb and underground drainage from Stuber Elementary
School to the Dallas North Tollway.19,000,000.00$
Fishtrap Road
(Teel - Gee Road)
Construction: 2 lanes on north side of divided roadway with concrete, curb and underground drainage from Teel
Parkway to Gee Road to complete the 4-lane ultimate divided roadway.6,500,000.00$
Gee Road
(Fishtrap - Windsong
Retail)
Construction: 2 lanes on east side of divided roadway with concrete, curb and underground drainage from Fishtrap
Road to the Windsong Retail tract to complete 4 lanes. Gee Road to be a 6-lane ultimate divided roadway.3,550,000.00$
Craig Street
(Preston - Fifth)
Design and Construction: 2 and 3 lanes of undivided roadway with concrete, curb and underground drainage from
Preston Road to Fifth Street.2,700,000.00$
First Street
(DNT - Coleman)
Construction: 4-lane ultimate divided roadway with concrete, curb and underground drainage from Dallas North Tollway
to Coleman Road. (Construction of the overpass at BNSF RR not included in this phase)15,000,000.00$
Coit Road
(First - Frontier)
Construction: 4 lanes of 6-lane ultimate divided roadway with concrete, curb and underground drainage from First
Street to Frontier Parkway.20,650,000.00$
Legacy Drive
(Praire Drive -
Fishtrap)
Design and Construction: 4 lanes of 6-lane ultimate divided roadway with concrete, curb and underground drainage
from Prairie Drive to Fishtrap Road. 8,750,000.00$
Parvin Road
(FM1385 - Legacy
Drive)
Design and Construction: Joint project with the City of Celina and possibly Denton County. 4 lane divided concrete,
curb and underground drainage from FM 1385 to Legacy Drive. Parvin Road to be a 6-lane ultimate divided roadway.17,300,000.00$
Teel Parkway
(US 380 - Fishtrap)
Design and Construction: 2 lanes on east side of divided roadway with concrete, curb and underground drainage from
US 380 to Fishtrap Road to complete 4 lanes. Teel Parkway to be a 6-lane ultimate divided roadway.7,200,000.00$
Prosper Trail
(Coit - Custer)
Design and Construction: 2 lanes on north side of divided roadway with concrete, curb and underground drainage from
Coit Road to Custer Road to complete the 4-lane ultimate divided roadway.13,050,000.00$
Coleman Road
(Gorgeous - Prosper
Trail)
Design and Construction: 4-lane ultimate divided roadway with concrete, curb and underground drainage from
Georgeous to Prosper Trail.5,500,000.00$
Coleman Road
(Prosper Trail - High
School)
Design and Construction: 2 lanes on west side of divided roadway with concrete, curb and underground drainage from
Prosper Trail to Prosper High School to complete the 4-lane ultimate divided roadway.3,300,000.00$
Legacy Drive
(Fishtrap - Prosper
Trail)
Design and Construction: 2 lanes on west side of divided roadway with concrete, curb and underground drainage from
Fishtrap Road to Prosper Trail to complete 4 lanes of 6-lane ultimate divided roadway. Blue Star to construct 2 lanes
east side in 2021.
6,500,000.00$
*costs include traffic signals and entryway signage where applicable, and median landscaping (no median street lighting)
TOTAL PROPOSED STREETS PROPOSITION 150,000,000.00$ Page 299
Item 12.
2020 Bond Election -Major Initial Projects
•Central Fire Station -$18 million in bonds
•Fishtrap Road (Elementary to DNT) -$19.7 million in bonds
•First Street (Coit –Custer) -$19.12 million in bonds
•Teel Intersection Improvements -$1.18 in Bonds
•Lakewood Preserve Park -$2.1 million in bonds
•Tanners Mill Park -$1.03 million in bonds
•Trail Connection Projects -$1.5 million in Bonds
•Sexton Park Design –$1.2 million in Bonds
6 Page 300
Item 12.
Preliminary Budget -No Tax Increase
•Revenue Growth (Property Tax and Sales Tax)
•Personnel funded from Special Purpose Districts
•Prior year’s use of one-time expense for recurring revenue
•Bond Election Tax Rate Assumptions
7 Page 301
Item 12.
Property Tax Valuations
8
FY 19/20
ACTUAL
FY 20/21
ACTUAL
FY 21/22
PROJECTION
Taxable Value (Billions)$4.209 $4.601 $5.195
Increase from Prior Year (Millions)$542 $392 $594
Percent Increase 14.8%9.3%12.9%
Page 302
Item 12.
Property Tax Revenue
9
FY 19/20
ACTUAL
FY 20/21
ACTUAL
FY 21/22
PROJECTION
General Fund Tax Rate 0.3675$ 0.3675$ 0.3275$
Debt Service Tax Rate 0.1525$ 0.1525$ 0.1925$
Total Revenues 0.5200$ 0.5200$ 0.5200$
FY 19/20
ACTUAL
FY 20/21
PROJECTION
FY 21/22
PROJECTION
General Fund Revenue 16,378,589$ 18,230,000$ 18,412,959$
Debt Service Fund Revenue 6,795,141$ 7,545,655$ 10,261,361$
Total Revenues 23,173,730$ 25,775,655$ 28,674,320$
Page 303
Item 12.
Sales Tax Revenue
10
FY 19/20
ACTUAL
FY 20/21
PROJECTION
FY 21/22
PROJECTION
General Fund 6,096,349$ 7,526,570$ 7,902,899$
Crime District 1,616,291$ 2,002,779$ 2,102,918$
Fire District 1,616,291$ 2,002,779$ 2,102,918$
Total 9,328,931$ 11,532,128$ 12,108,734$
Page 304
Item 12.
Special Purpose District Personnel
11 Page 305
Item 12.
License, Fees, and Permit Revenue
12
FY 19/20
ACTUAL
FY 20/21
PROJECTION
FY 21/22
PROJECTION
3% Construction Fee 777,843$ 1,100,000$ 500,000$
Building Permit Fees 4,366,031$ 5,522,525$ 4,168,500$
Other Permit Fees 380,451$ 399,380$ 399,980$
Total 5,524,325$ 7,021,905$ 5,068,480$
Page 306
Item 12.
Budgeted One Time Expense -Recurring Revenue
13
FY 18/19
ACTUAL
FY 19/20
ACTUAL
FY 20/21
ACTUAL
Initial Budget 5,798,462$ 1,805,080$ 1,091,433$
Budget Amendments 257,368$ -$ 3,721,890$
Total 6,055,830$ 1,805,080$ 4,813,323$
Page 307
Item 12.
Bond Election Tax Rate Assumptions
14
7.5 Cent Estimate 5 Cent Estimate
4 Cent Current
Estimate
Assessed Valuation Growth/Year 1 $375 Million $425 Million $594 Million
Assessed Valuation Growth/Future Year Avg $428 Million $425 Million $450 Million
Interest Rate Estimate
Year 1 3.50%
Years 2-3 3.75%
Years 4-5 4.00%
Years 6-10 4.50%
Year 1 2.50%
Year 2 3.00%
Years 3-10 4.00%
Year 1 2.50%
Year 2 3.00%
Years 3-10 4.00%
CO Sale FY 20/21 $8.524 Million $8.50 Million $7.325 Million
CO Sale FY 21/22 $8.001 Million $7.20 Million $7.20 Million
Page 308
Item 12.
Page 1 of 2
To: Mayor and Town Council
From: Dudley Raymond, Director of Parks and Recreation
Through: Harlan Jefferson, Town Manager
Robyn Battle, Executive Director of Community Services
Re: Town Council Meeting – July 27, 2021
Agenda Item:
Discussion on Park Fee update.
Description of Agenda Item:
The Town of Prosper has a Park Fee that developers are required to pay/meet to help offset
the cost of constructing parks and trails within the Town. This fee is an example of “growth
paying for growth” and helps all developers shoulder a portion of the added park impact they
cause as they bring new residents into Prosper. The Park Fee has two components: the Park
Land Dedication Fee that requires developers to dedicate land for parks; and the Park
Improvement Fee that requires developers to pay a fee to help offset the construction cost of
parks and trails. Park Fees are common in most communities in the area and nine of Prosper’s
benchmark communities have a similar type of fee.
Prosper has done a better job than most in negotiating developer agreements in cases where
the developer is allowed to use those fees to construct Town (public) parks along with the
construction of their development. This leveraging helps stretch the funds as much as possible
and develops parks more quickly in many cases.
The amount of the Park Fee is different for each community and the approach is different for a
rapidly growing community versus one that is nearly built out. Also, the presence of a
Community Development Corporation (4b) can play a part in the amount the fee needs to be to
cover the cost of park construction in a community.
The presentation at the Council meeting will detail the steps followed by staff in determining the
recommended fees, as well as the methodology and assumptions used. It should be said that
there are many variables that can alter the outcome and this approach is able to be adjusted as
variables change over time. The fee should be examined every few years and adjusted if
necessary to account for ongoing development patterns, cost of land, needs and park/ trail
construction cost.
Prosper is a place where everyone matters.
PARKS AND
RECREATION
Page 309
Item 13.
Page 2 of 2
This information was previously presented to Council in January of 2019. At that time, Park
Fees had not been adjusted in nine years and were falling behind. That presentation was almost
identical to the one attached, showing projected needs and revenue. Council requested during
the November 2019 Council meeting that single family and multifamily fees be
adjusted/increased at the same percentage rate. Later, Council decided that a Bond election
was needed to fund various capital construction needs in the Town. Staff and Council worked
together to determine the maximum amount of funding available for Roads, Public Safety and
Parks based on an acceptable tax rate. Thirty million dollars in Bonds were proposed and
approved to assist in the construction of parks and trails.
The Bonds that were approved by the residents are accounted for in the calculations shown
today and will help fund a portion of park and trail construction. A long-term funding deficit of
approximately 11.5 million dollars remains and is needed to build out the neighborhood parks
and trail system as intended. The proposed Park Fee increase will spread the cost out over
more residential units thereby lessening the impact to the developer.
The calculations that will be presented do not include funds for items such as a Senior Center,
Recreation Center, Aquatic Center, Community Parks, or other expensive specialty parks, such
as a skate park or nature center. These items will need to be funded through other means or
the Park Fee will need to be adjusted appropriately to account for those costs.
It should be noted that delaying action on the Park Fee will compound the problem or shift the
financial burden onto the existing residents. There are those who feel an increase in fees may
cause Prosper to be too expensive and development will slow. Staff has watched Park Fees
increase in neighboring communities for the past 20 years with no measurable effect on growth
(having personal involvement with one Celina increase and two in Frisco). When Frisco
adjusted the way their fee was calculated in 2017, it did cause some issues which were
resolved. Because Frisco’s issues are different than what Prosper has in place or will have in
place, we don’t anticipate the same results.
The bottom line: With the average home cost in Prosper estimated at $500,000, the increased
fee amount would result in a 0.13% increase to the cost of the home. Typically, the cost of a
lot is 20-25% of the home cost, which if estimated at 22.5%, the proposed fee would increase
the cost of a lot from the developer to the builder by 0.58%.
To give perspective, estimating an interest rate of 3.5%, the proposed Park Fee increase would
increase the cost of a 30-year mortgage by $2.96 per month, with a total cost to the consumer
over 30 years of $1,066.93.
Town Staff Recommendation:
Town staff requests feedback and direction from Council on adjusting the Town’s Park Fees.
Page 310
Item 13.
Town Council Park Fee Update Presentation
July 27, 2021 1Page 311
Item 13.
Park Fee Discussion
Issue: Ensure the Town’s park development fees cover a
portion of the construction of our park facilities.
Council Direction: Council directed staff to continue to
analyze the park improvement and park dedication fees.
2Page 312
Item 13.
Park Dedication Fee Update
•Dedication Fee based on the following:
–Level of service standard for parkland and recreational areas
–Persons Per Household
–Cost of Land
3Page 313
Item 13.
Parkland Areas (Park Master Plan)
Blue Circles: Neighborhood Parks (1/2 mile radius)
Green Circle: Future Needed Neighborhood Parks
4Page 314
Item 13.
Parkland Areas (Park Master Plan)
Blue Circles: Neighborhood Parks (1/2 mile radius)
Green Circle: Future Needed Neighborhood Parks
5Page 315
Item 13.
69.5 acre park
45.6 acres active
23.9 acres passive
65.6% active
34.4 % passive
Community Park Utilization Example
Acreage needed for baseball/softball park (two (5) field complexes w/ parking)*60.00
Acreage needed for baseball/softball park (two (4) field complexes w/ parking)*60.00
# fields (current)17.00
# fields needed at build out (2040)35.30
# additional fields needed at build out (2040)18.30
Acreage needed to meet needs at build out (Low)109.80
Acreage need to meet needs at build out (High)137.25
Acreage needed for "rectangle sports" park (football/lacrosse/soccer, 13 fields w/ parking)*60.00
Acreage needed for "rectangle sports" park (football/lacrosse/soccer, 8 fields w/ parking)*60.00
# fields (current)14.00
# fields needed at build out (2040)26.20
# additional fields needed at build out (2040)12.20
Acreage needed to meet needs at build out (Low)56.31
Acreage need to meet needs at build out (High)91.50
Total Acreage Needed Acres
Low 166.11
High 228.75
Total Acreage Needed (+ 10%)Acres
Low 182.72
High 251.63
Community park land already acquired (not developed)Acres
Sexton Park 69.50
Windsong Ranch Community Park 51.40
Total 120.90
Additional community park land needed (minus parkland already acquired)Acres
Low 61.82
High 130.73
*Based on average of sports complexes located in Prosper, Frisco, Plano, and Mckinney
Baseball/Softball
Football/Lacrosse/Soccer
Page 316
Item 13.
Pocket Park 0.25 0.34 23.8 17 0
Neighborhood Park 1 4.21 294.7 12.8 40
Community Park 5 5.16 361.2 172.12 65
Metropolitan Park 5 0 0 0 0
Special Use Park 0 0 0 0 0
Linear Park 0 1.48 103.6 65.75 160
Total Build Out Park Need 11.25 11.19 783.3 267.67 265
Future Need (sports utiliziation
report, Trail Linear Parks
Throughout Town &
Neighborhood Park Locatons)
Needed at Build Out
(Prosper Standard @
70,000 population)
"Prosper Standard"
Existing acres per
1000 population
Needed per 1000
population (LOW
NRPA)
Parkland Requirements Additional Land Needed
(Prosper Standard)
For fee purposes, we are
using the low end of
future community park
need (I.E squeezing more
sports fields, less passive
area) at community parks.
Total Lots left ÷ Amount of Parkland Needed (257.82 acres) = 37.6 units per acre.
Park Dedication Breakdown
Currently undeveloped or deal points made: 267.50
Note:
Parkland
Needs Based
on Town
Boundaries
Note: A portion of
Neighborhood Park need
could be accommodated
through Community Parks
Currently developed: 248.13
7Page 317
Item 13.
Parkland Dedication if implemented Amount of Parkland Dedicated (based on existing rate)
# of SF Left 5951 170.0285714
# of MF Left 3539 101.1142857
Total Parkland 271.1428571
Parkland Delta (positive = excess)7.822857143
Parkland Dedication Requirement Comparison
Type Dwelling Units Dedication Requirement Amount of Parkland to Dedicate (acres)Acres/DU
SF 100 1 acre per 35 units 2.857 1 to 35
MF 100 1 acre per 35 units 2.857 1 to 35
Type Dwelling Units Dedication Requirement Amount of Parkland to Dedicate (acres)Acres/DU
SF 100 ((11.19 x 100 DU = 1119) x 3.26 = 3647.94/ 1000) =3.6479 1 to 27.41
MF 100 ((11.19 x 100 DU = 1119) x 1.918 = 2146.24 / 1000) =2.1462 1 to 46.59
Average 200 1 to 37
Existing Parkland Dedication Requirement
Proposed Parkland Dedication (Dr. John Crompton Model)
Staff recommendation: No modification needed
Prosper Standard
Density
Number of SF Units left
multiplied by updated rate.
Proposed Dwelling
Units
Town
Standard x People per
household rate
Parkland needed
per 1000x=
Parkland Dedication via John Crompton Formula
8Page 318
Item 13.
Park Improvement Fee
Improvement Fee based on the following:
•The cost to develop our neighborhood parks and linear parks.
•Hike and bike trail system broken down into a unit price (i.e.
cost per acre or per mile).
•Number of units left undeveloped.
•It is anticipated community parks will be funded by Bonds,
General Fund, etc.
•The future needs take into consideration the existing
Development Agreements and Planned Developments (PD’s)
•Updated figures include the 2020 Bond ($8,790,000 allocated
to neighborhood parks and trails)
9Page 319
Item 13.
COSTS PER DU
Park Facilities Dwelling Unit
Cost Per Neighborhood Park $828.12
Cost per Community Park $9,180.70
Cost per Hike and bike trail $1,708.43
Cost of Park Improvements per unit (captures all parks)$11,717.24
Improvements per DU minus community parks $2,536.55
Neighborhood Parks $17,724,843.10
Community Parks $136,746,456.51
Hike and Bike Trail $28,847,000.00
2020 Park Bond -$30,000,000.00
TOTAL COST OF PARK IMPROVEMENTS AT BUILD
OUT $153,318,299.60
TOTAL COST OF PARK SYSTEM:$171,868,299.60
Park Improvements Costs per acre / mile Notes
Cost Per Neighborhood Park $151,559.15 Cost based on $1,136,693.68 Neighborhood Park (7.5 acre park)
Cost Per Community park $379,830.17
Cost based on Frontier Park in its entirety. Includes 3% inflation
per year and design costs. 79.7 acre park.
Cost Per Linear Mile of Hike and Bike Trail $650,000.00 Average past construction costs
Total # of Lots left to Develop (owe park
improvement fee)14895
Multi-Family 3719
Single-Family 11176
Acres of undeveloped
neighborhood parks:
Park Improvement Breakdown Per Parkland Needs
Note:
•This treats all Community Parks like a
sports complex
•Density was used to calculate the
number of lots left to develop.
* Cost per DU reflects 2020
Neighborhood and Trail Bonds
Total Cost (developing undeveloped and future parks)
129.95
Percentage
25.0%
75.0%
Park improvement fee per DU type
Single Family: $2,160 (44% increase)
Multi Family: $2,880 (44% increase)
*
* Includes additional parkland needs as a dollar value based on an $80k/acre rate ($18,550,000.00)
10
Note:
Does not include funds of
community park
development
*
*
Page 320
Item 13.
0
20
40
60
80
100
120
$0
$500
$1,000
$1,500
$2,000
$2,500
Single Family
Multi-Family
Parkland Dedication
Average: $1,303
Park Improvement
Fee Rate
Parkland Dedication Rate
(Dwelling Units per Acre)
Average: $1,252
Average: 50 DU/Acre
Comparison Cities
Note: each City ordinance is calculated differently. They are not always “apples to apples”11Page 321
Item 13.
Note:
•Some cities have 4B funds to pay for
development.
•Cities with only a green column do not have a
separate park improvement fee rate.
•Two cities have hike and bike trail
development as separate requirement to the
fee.
Park Improvement Fee
12Page 322
Item 13.
$2,000 $2,062 $2,116 $2,170 $2,229 $2,281 $2,350 $2,441 $2,538 $2,614 $2,704 $2,798
$1,500 $1,546 $1,587 $1,627 $1,672 $1,711 $1,762 $1,830 $1,904 $1,961 $2,028 $2,098
$0
$500
$1,000
$1,500
$2,000
$2,500
$3,000
2.67%3.08%2.62%2.57%2.71%2.34%3.02%3.86%4.01%2.99%3.45%3.45%
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021
Multi-family Single Family
Year
Percent Increase
Construction Escalation
•Current Fee adjusted based on escalation of construction costs over the last 11 years
•Information provided by Engineering News Record
*Actual number is not available yet
Avg.3%
13
*
Page 323
Item 13.
Based on past conversations with Town Council and the data collected
and analyzed, Town Staff is recommending the following changes:
Park Improvement Fee
•Increase the park improvement fees single family from $1,500/unit
to 2,160/unit, and multi-family from $2,000/unit to $2,880/unit.
•Bi-annual review of fee and adjustment if necessary.
Park Dedication Fee
•Remains Unchanged
Conclusion
14Page 324
Item 13.