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09.28.21 Town Council Regular Meeting PacketPage 1 of 4 ] Prosper is a place where everyone matters. Notice Regarding Public Participation Welcome to the Prosper Town Council. Individuals may attend the meeting in person, or access the meeting via videoconference, or telephone conference call. Join the Zoom Meeting by clicking on the following link:https://us02web.zoom.us/j/87047432329 To join the meeting by phone, dial (346) 248-7799 Enter Meeting ID: 87047432329 Addressing the Town Council: Those wishing to address the Town Council must complete the Public Comment Request Form located on the Town website or in Council Chambers. If you are attending in person, please submit this form to the Town Secretary prior to the meeting. When called upon, please come to the podium and state your name and address for the record. If you are attending online/virtually, please submit this form to the Town Secretary prior to 5:00 p.m. on the day of the meeting. Please ensure your full name appears on the screen and you are unmuted so the meeting moderator can recognize you and allow you to speak. The Chat feature is not monitored during the meeting. The Town assumes no responsibility for technical issues that are beyond our control. If you encounter any problems joining or participating in the meeting, please call our help line at 972-569-1191 for assistance. Call to Order/ Roll Call. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Announcements of recent and upcoming events. Presentations. 1. Presentation of a Proclamation to members of the Prosper Police and Fire Departments declaring October 5, 2021, as National Night Out. (MLS) 2. Presentation of a Proclamation to members of the Prosper Fire Rescue declaring the month of October 2021 as Fire Prevention month. (MLS) Agenda Prosper Town Council Meeting Council Chambers Prosper Town Hall 250 W. First Street, Prosper, Texas Tuesday, September 28, 2021 5:45 PM Page 1 Page 2 of 4 3. Recognize the Prosper Fire Rescue Department for receiving the Heart Safe Community award. (SB) 4. Presentation of the American Heart Association Mission Lifeline Gold Plus Award to the Prosper Fire Rescue. (SB) 5. Receive an update from the Prosper Community Library. (LS) 6. Town of Prosper Strategic Planning Dashboard Demonstration. (RB) CONSENT AGENDA: Items placed on the Consent Agenda are considered routine in nature and non-controversial. The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda by the request of Council Members or staff. 7. Consider and act upon the minutes from the September 14, 2021, Town Council meeting. (MLS) 8. Consider and act upon awarding CSP No. 2021-62-B to SRH Landscapes LLC, related to construction services for the Coleman Street Median Landscaping (Talon-Victory) project; and authorizing the Town Manager to execute a construction agreement for same. (HW) 9. Consider and act upon approving Change Order Number 04 for Bid 2020-75-B to Mario Sinacola & Sons Excavating, Inc., related to construction services for the Prosper Trail – Coit Rd to Custer Rd 2-Lanes (CIP No. 2008-ST) project; and authorizing the Town Manager to execute Change Order Number 04 for same. 10. Consider and act upon approving the purchase of one (1) skid steer loader from Holt Cat; and one (1) articulating telescopic aerial bucket truck from Altec Industries, Inc., through the Sourcewell Purchasing Cooperative. (FJ) 11. Consider and act upon approving the purchase of computer hardware, from CDWG, Inc., through the Sourcewell Purchasing Cooperative. (LJ) 12. Consider and act upon approving an Enterprise License Agreement for term license software between Environmental Systems Research Institute, Inc., a sole source provider, and the Town of Prosper, Texas; and authorizing the Town Manager to execute an agreement for the same. (LJ) 13. Consider and act upon approving a Facility Management Services Agreement between TDIndustries, Inc., and the Town of Prosper Texas, through the National Cooperative Purchasing Alliance (NCPA); and authorizing the Town Manager to execute the same. (RZ) 14. Consider and act upon approving Amendment Fifteen to the Interlocal Agreement between Collin County and the Town of Prosper for Animal Sheltering Services and Animal Control Services; and authorizing the Town Manager to execute the same. (MB) 15. 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 Alders Senior Living, Broadway Retail, Calloway’s Nursery, Encompass Health, and Victory at Frontier. (AG) Page 2 Page 3 of 4 CITIZEN COMMENTS The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please complete a “Public Comment Request Form” and present it to the Town Secretary prior to the meeting. REGULAR AGENDA: If you wish to address the Council, please fill out a “Public Comment Request Form” and present it to the Town Secretary, preferably before the meeting begins. 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: 16. Conduct a public hearing and consider and act upon a request to amend the Future Land Use Plan from Old Town Single Family to Old Town Office, generally located on the southeast corner of Coleman Street and Seventh Street. (This is a companion case to Z21-0005.) (CA21-0002). (AG) 17. Conduct a public hearing and consider and act upon a request to rezone 0.7± acres from Single Family-15 (SF-15) to Planned Development-Downtown Office (PD-DTO), to allow for the conversion of the existing structure into an office, located on the southeast corner of Coleman Street and Seventh Street. (Z21-0005). (AG) 18. Conduct a public hearing and consider and act upon a request to rezone 163.2± acres, from Planned Development-90 (PD-90) to Planned Development (PD), to facilitate the development of a single-family residential subdivision with private social club, located on the north side of First Street, east of Coit Road. (Z20-0021). (AG) Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. 19. Discussion regarding fire protection services for Denton County Fresh Water District 10 for the Artesia Subdivision. (SB) 20. Discussion on logo and rebranding. (RB) 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: 21. 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. Section 551.074 - To discuss appointments to the Board of Adjustment/Construction Board of Appeals, Parks & Recreation Board, Library Board, Prosper Economic Development Corporation Board, Planning & Zoning Commission, and Community Engagement Committee Page 3 Page 4 of 4 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, September 24, 2021, and remained so posted at least 72 hours before said meeting was convened. ________________________________ _________________________ Michelle Lewis Sirianni, Town Secretary Date Notice Removed Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult in closed session with its attorney and to receive legal advice regarding any item listed on this agenda. NOTICE Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with approval of a majority vote of the Town Council. NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are wheelchair accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569 - 1011 at least 48 hours prior to the meeting time. Page 4 Page 1 of 11 ] Prosper is a place where everyone matters. Call to Order/ Roll Call. The meeting was called to order at 5:46 p.m. Council Members Present: Mayor Ray Smith Mayor Pro-Tem Meigs Miller Councilmember Marcus E. Ray Councilmember Jeff Hodges Councilmember Charles Cotten Councilmember Amy Bartley Council Member Absent: Deputy Mayor Pro-Tem Craig Andres Staff Members Present: Harlan Jefferson, Town Manager Terry Welch, Town Attorney Robyn Battle, Executive Director of Community Services Michelle Lewis Sirianni, Town Secretary Leslie Scott, Director of Library Services Paul Naughton, Parks Planning Manager Todd Rice, Communications Manager Rebecca Zook, Executive Director of Development and Infrastructure Services Hulon Webb, Engineering Services Director Frank Jaromin, Director of Public Works Khara Dodds, Development Services Director Alex Glushko, Planning Manager Chuck Springer, Executive Director of Administrative Services Betty Pamplin, Finance Director Leigh Johnson, IT Director James Edwards, Human Resources Director Stuart Blasingame, Fire Chief Shaw Eft, Assistant Fire Chief Doug Kowalski, Police Chief Scott Brewer, Assistant Police Chief Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Pastor Matt Lankenau, Gateway Church, led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. Announcements of recent and upcoming events. MINUTES Prosper Town Council Meeting Council Chambers Prosper Town Hall 250 W. First Street, Prosper, Texas Tuesday, September 14, 2021 5:45 PM Page 5 Item 7. Page 2 of 11 Thanks to everyone who attended the annual 9/11 Remembrance Ceremony held by Prosper Fire Rescue and Prosper ISD this past Saturday. The joint event was a very special remembrance of the many lives lost on September 11th. The community donated 128 pints of blood, which exceeded our goal by 38 pints. That is the equivalent of 384 lives saved by donating blood. The Prosper Community Library has a full schedule of fall activities all season. Check the Library and Parks and Recreation Facebook pages for more information. Please join us for “Celebrate Prosper” in Frontier Park on Saturday, September 25, for live music in Frontier Park. Bring your blankets, lawn chairs, and a picnic and settle for an evening of live blues and jazz music. Free hot dogs will be provided by the Town Council. Please visit CelebrateProsper.org for more information. Prosper Fire Rescue would like to thank the Tellus Group, the developer of Windsong Ranch, for donating a vacant house for emergency training purposed for Prosper Public Safety Personnel. The Tellus staff also assisted with the removal of a swarm of bees at the training site. Their quick action allowed our staff and other local fire departments to safely continue their training. Presentations. 1. Presentation of a Proclamation to members of the Shawnee Trail Chapter of the National Society of the Daughters of the American Revolution declaring September 17-23, 2021, as Constitution Week. (RB) Mayor Smith read and presented a Proclamation to Patricia Strawmyer. 2. Presentation of a Proclamation to members of the Town's Emergency Management staff declaring September 2021 as Emergency Preparedness Month. (RB) Mayor Smith read and presented a Proclamation to Kent Bauer, Emergency Management Coordinator. 3. Presentation of awards from the Texas Association of Municipal Information Officers (TAMIO) to members of the Town's Communications staff. (RB) Mrs. Battle presented an overview of three awards presented to the Town by the Texas Association of Municipal Information Officers (TAMIO). The Town was presented with Awards of Excellence for the Thoroughfare Thursday social media series, and for the Town’s communication efforts during the February 2021 Winter Storm. A first place award was presented for the Town’s coverage of the Police Station Grand Opening and Ribbon Cutting in October 2020 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. 4. Consider and act upon the minutes from the August 24, 2021, Town Council meeting. (RB) 5. Consider and act upon Resolution No. 2021-47 designating The Prosper Press as the official newspaper of the Town of Prosper, and The Dallas Morning News and The Frisco Enterprise as alternative advertising sources, for Fiscal Year 2021-2022. (RB) Page 6 Item 7. Page 3 of 11 6. Consider and act upon Resolution No. 2021-48 authorizing the Town of Prosper to participate in the proposed opioids settlements brought by the state of Texas and other jurisdictions against various pharmaceutical companies for their roles in the national opioid crisis, and authorizing the Town Manager to execute documents related to same. (RB) 7. Receive the July financial report. (BP) 8. Consider and act upon authorizing the Town Manager to accept grant awards from the Federal American Rescue Plan Act (ARPA)/State and Local Fiscal Recovery Funds (SLFRF) and the Department of Homeland Security Grant Program (HSGP) passthrough from the Office of the Governor’s State Homeland Security Program (SHSP). (KB) 9. Consider and act upon Ordinance No. 2021-49 of the Town Council of the Town of Prosper, Texas, adopting new personnel policies regarding quarantine leave and mental health leave for certain personnel as required by recent legislation. (JE) 10. Consider and act upon adopting the FY 2021-2022 Prosper Economic Development Corporation budget. (RS) 11. Consider and act upon Ordinance No. 2021-50 amending Subsection 8 of Section 3.14.010, “Prohibited Signs,” of Chapter 3, “Building Regulations,” of the Town's Code of Ordinances by allowing feather signs to be displayed on non-residential property at certain times during the week. (KD) 12. Consider and act upon Ordinance No. 2021-51 amending a portion of Planned Development-40 (PD-40), on 16.9± acres, Windsong Ranch Marketplace, located on the north side of US 380, east of Gee Road, in order to facilitate the development of two (2) drive-through restaurants. (Z21-0007). (AG) 13. Consider and act upon authorizing the Town Manager to execute a Development Agreement between Northeast 423/380 Pads LP, and the Town of Prosper, Texas, related to the Windsong Ranch Marketplace development. (AG) 14. Consider and act upon Ordinance No. 2021-52 rezoning 119.4± acres from Planned Development-90 (PD-90), to Planned Development-111 (PD-111), located on the north side of US 380, east of Coit Road, generally to amend the single-family detached residential and single-family attached (townhome) residential development standards. (Z21-0009). (AG) 15. Consider and act upon authorizing the Town Manager to execute a Development Agreement between 55 Prosper, LP and HH Lakewood Drive Development, LP, and the Town of Prosper, Texas, related to the Brookhollow West development. (AG) 16. 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 Lakewood Park. (AG) Councilmember Ray requested to pull item #11 and #14. Page 7 Item 7. Page 4 of 11 Mayor Pro-Tem Miller made a motion to approve consent agenda Items 4 thru 10 and 12, 13, 15, and 16. Councilmember Ray seconded that motion and the motion was unanimously approved. Councilmember Ray stated in regards to item #11 he is not in favor of this proposed ordinance and for item #14, he would like to see the language changed from all lots to only an adjusted number of lots with the ordinance. Councilmember Cotten made a motion to approve items #11 and #14 as presented. Mayor Pro-Tem Miller seconded that motion. The motion was approved by a vote of 5-1 with Councilmember Ray voting in opposition. CITIZEN COMMENTS: Mayor Smith reviewed some of the provisions of the Town Charter related to the appointment, removal, direction and supervision of Town personnel. He stated that he is happy to announce that Prosper Fire Chief Stuart Blasingame has rescinded his resignation from the T own of Prosper. After meeting with the Town Manager yesterday, Chief Blasingame has chosen to rescind the announcement of his departure and continue to serve as the Town’s Fire Chief. Chief Blasingame is a beloved and well-respected member of the Town’s Executive Team and the community, and we are glad he has made the decision to stay with us and to continue to serve and lead as our Fire Chief here in Prosper. Chief Blasingame has proven himself to be an effective leader in a fast-growth environment, and he will continue to play a pivotal role during this exciting time as the Town continues to grow. Rob Sless, 1001 Willowgate Drive, commented on the value of the first responders and the need of the Town to compensate them accordingly due to their continued commitment. Brian Strouen, 991 Willowgate Drive, commented on the asset a Fire Department is to the community, the commitment from the Fire Chief, and the importance of their compensation. Jack Dixon, 810 Long Valley Ct, thanked the Town, the ISD, the Fire and Police departments, and all veterans who attended the 9/11 ceremony. He noted the importance of remembering and honoring those that endured this tragic event. Jessica Kutz, 621 Sondra Circle, stated her family is in law enforcement and emphasized the importance being competitive with their salaries due to the the nature of their job. James Pope, 1640 Gentle Way, stated he is retired from law enforcement and supports the Town Council for their leadership of public safety, and noted his support for the two cents decrease in the tax rate and increase in the public safety compensation. Thom Vars, 4191 Pepper Grass Lane, commented that he was not in favor of additional businesses at this time in west Prosper until US 380 is expanded due to increased traffic. Noil Saunders, 4411 Mill Branch Road, submitted a public comment request form, but did not speak. Allison Alexander, 1210 Millers Creek Drive, submitted a public comment request form, but did not speak. Items for Individual Consideration: Page 8 Item 7. Page 5 of 11 17. Conduct a Public Hearing to consider and discuss a proposal to adopt a tax rate of $0.52 per $100 valuation. (BP) 18. Discuss FY 2021-2022 Proposed Budget. (BP) Mayor Smith stated the following two agenda items are being opened concurrently. Ms. Pamplin presented an overview of the proposed tax rate, the average home values in Denton and Collin County, and the comparisons with the Homestead Exemptions offered by the Town’s comparison cities. Ms. Pamplin outlined projects within an accelerated Capital Improvement Program (CIP) in regards to the proposed fiscal year 2021-2022 budget, along with proposed projects funded within the General Fund drawdown/settlement funds, additional positions, and Grant Fund budgetary changes. She outlined the recommendations made by the Finance Committee, which included a market adjustment for sworn police and fire positions from the proposed budget to 4.5%, to not allocate the funds with the General Fund drawdown/settlement funds, but rather to transfer those to capital projects funds and determine the projects at a later date, and to remove the following itmes from the proposed budget: Frontier Park Storage Building, covered parking for Police, traffic signal upgrades, and/or budget amendments, and reducing the cost of the Comprehensive Plan update. Ms. Pamplin asked for direction from the Town Council on how to proceed. Mayor Smith opened the public hearing. Dominick Burley, 4430 Bristleleaf Lane, is not support any budget that does not include a tax rate reduction of at least $0.02 to $0.06 cents. Justin Weaver, 4750 Desert Willow Drive, is opposed to the tax rate reduction unless it is $0.04 cents. He noted he would like to see infrastructure accelerated and would support a 7.5% market increase for public safety personnel and at least $1.5 million in expense reductions. He also noted he opposes any budget amendment that adjusted the budget instead of moving it into current fiscal year budget. Doug Charles, 4360 Mill Branch Drive, stated that he is part fo the Prosper Citizen Group and would be in favor of a four cent reduction in the tax rate, accelerating infrastructure plans, and a 7% market increase in public safety compensation. He encouraged the Town Council to reduce any excessive percentage of funds within the rainy day fund. Kristina Zitkovich, 3864 White Clover Lane, would like the property tax rate to be reduced by two cents, but would support a four cent reduction. She also would like to see a 7.5% market increase in public safety compensaton and at least a $1.5 million in expenses reductions. Danielle Usher, 3770 Dunlavy Drive, is opposed to the proposed tax rate and would be in favor of a two cent reduction. Michael Lauch, 4890 Rockcress Ct, does not support any budget that does not include a tax rate reduction. Emily White, 4190 Wiley Hill Drvie, opposes any budget that doesn’t lower the tax rate by at least two cents. Page 9 Item 7. Page 6 of 11 Cory Van Kleeck, 4400 Mill Branch Drive, is opposed to any proposed budget without at least a minimum two cent property tax reduction. Laura Weaver, 4750 Desert Willow Drive, is opposed to any proposed budget without at least a minimum two cent property tax reduction, but would support up to a four cent reduction. She also would like to see a 7.5% market increase in public safety compensaton and at least a $1.5 million in expenses reductions. Lia Shah, 3811 Pepper Grass Lane, is opposed to the proposed property tax rate. Paul Rattin, 4451 Liberty Drive, is opposes any budget that does not include a public safety riase of 7.5% and at least $1.5 million in expense reduction for fiscal year 2020- 2021. Casey Crawford, 4500 Bluestem, is in opposition to the proposed budget. He would like to see a two to six cent reduction in the tax rate. Donald Crawford, 4500 Bluestem, is in opposition to the proposed budget. He would like to see a two to six cent reduction in the tax rate. Jean Schachter, 4031 Pavonia Lane, is vigorously opposed to any budget that does not lower the tax rate by at least four cents. Kur and Faith Weikert, 1801 Blue Forest would support a reduction in the property tax. Tom Banks, 4191 Pepper Grass Lane, would like to see infrastructure projects accelerated, but noted the labor shortages being experienced everywhere, and delay projects. He would also like to see funds re-allocated back to the citizens. Mayor Smith closed the public hearing. The Town Council discussed the scenarios of whether to lower or keep the proposed tax rate based on current growth, infrastructure projects, sales tax projections, and the recommendations made by the Finace Committee. After a lenghly discussion, Mayor Smith was in favor of the $0.52 property tax rate; Mayor Pro-Tem Miller, Councilmembers Ray and Bartley would support a $0.51 rate, and Councilmember Cotten $0.50 or $0.51 rate. The consenses of Council was also to increase the compensation of the public safety personnel, remove the Frontier Park storage building and the traffic signal upgrades from the budget, and reduce the Comprehensive Plan project to $107,000 and the covered parking to $179,000. The Town Council agreed to continue discussions of the CIP project list at its next quarterly Strategic Plan meeting on November 13. 19. Conduct a Public Hearing, and consider and act upon an ordinance for a Specific Use Permit (SUP) for a Commercial Stable (Whispering Farms Equestrian Center), on 26.5± acres, located on the south side of Prosper Trail, east of Coit Road. (S21-0002). (AG) Mr. Glushko stated this request is to allow for the construction of additional improvements at the existing Whispering Farms Equestrain Center. The existing center currently includes structures totaling approximately 46,000 square-feet, with 53 Page 10 Item 7. Page 7 of 11 horse stables. The zoning ordinance would require an SUP for a Commerial stable. The applicant is proposing to construct an arena cover and a covered automatic horse walker. The Planning and Zoning Commission unanimously recommended approval. Staff is recommending approval. Mayor Smith opened the public hearing. No comments were made. Mayor Smith closed the public hearing. Councilmember Hodges made a motion to approve an ordinance for a Specific Use Permit (SUP) for a Commercial Stable (Whispering Farms Equestrian Center), on 26.5± acres, located on the south side of Prosper Trail, east of Coit Road. (S21-0002). Councilmember Cotten seconded that motion and the motion was unanimously approved. 20. Conduct a Public Hearing, and consider and act upon a request for a Specific Use Permit (SUP) for a Major Nursery (Calloway’s), in Gates of Prosper, on 3.2± acres, located on the north side of Richland Boulevard, west of Preston Road. The property is zoned Planned Development-67 (PD-67). (S21-0001). (AG) Mr. Glushko stated this request it to allow for a major nursery (Calloway’s) in the Gates of Prosper. The site includes a indoor retail space, outdoor retail space, and a greenhouse area. The landscaping meets the minimum standards of the Town’s Zoning Ordinance and the applicant has satisfied all other requirements to satisfy an SUP. The Planning and Zoning Commission unanimously recommended approval. Staff recommends approval subject to Town Council approval of a Development Agreement. Councilmember Ray asked about the loading zone area and if there was any uplighting on the columns. Marc Ward, CEO of Calloways, provided a brief history of the company and commented on the building and the importance of air flow. Nicholas Link stated they would add the uplighting and described the loading zone area for Councilmember Ray. Mayor Smith opened the public hearing. No comments were made. Mayor Smith closed the public hearing. Councilman Ray made a motion to approve a request for a Specific Use Permit (SUP) for a Major Nursery (Calloway’s), in Gates of Prosper, on 3.2± acres, located on the north side of Richland Boulevard, west of Preston Road. The property is zoned Planned Development-67 (PD-67). (S21-0001) subject to lighting enhancements. Councilwoman Bartley seconded that motion and the motion was unanimously approved. 21. Conduct a Public Hearing, and consider and act upon a request to rezone 163.2± acres, from Planned Development-90 (PD-90) to Planned Development (PD), to facilitate the development of a single family residential subdivision with private Page 11 Item 7. Page 8 of 11 social club, located on the north side of First Street, east of Coit Road. (Z20 - 0021). (AG) Mayor Smith stated the applicant has requested to table this item. Mayor Pro-Tem Miller made a moton to table a an ordinance for a Specific Use Permit (SUP) for a Commercial Stable (Whispering Farms Equestrian Center), on 26.5± acres, located on the south side of Prosper Trail, east of Coit Road. (S21-0002) to September 28, 2021. Councilmember Hodges seconded that motion and the motion was unanimously approved. 22. Consider and act upon an ordinance amending Ordinance No. 2020-71 (FY 2020- 2021 Budget). (BP) Mr. Jefferson stated based on previous conversations held by the Town Council, the new total for expenditures is $1,834,496. They also will remove Frontier Park storage from the budget as requested. Doug Charles, 4360 Mill Branch Drive, is in opposition of this item. Justin Weaver, 4750 Desert Willow Drive, opposes any budget amendment that adjust the budget instead of moving it into current fiscal year budget. Laura Weaver, 4750 Desert Willow Drive, opposes any budget amendment that adjust the budget instead of moving it into current fiscal year budget. Danielle Usher, 3770 Dunlavy Drive, is opposition of this item. Paul Rattin, 4451 Liberty Drive, is in opposition of this item. Councilmember Cotten made a motion to approve Ordinance No. 2021-54 amending Ordinance No. 2020-71 (FY 2020-2021 Budget) with new totals presented. Councilmember Hodges seconded that motion and the motion was unanimously approved. The Town Council took a brief recess from 7:43 p.m. to 8:09 p.m. 23. Consider and act upon an ordinance adopting the Fiscal Year (FY) 2021-2022 Annual Budget and Capital Improvement Program for the fiscal year beginning October 1, 2021, and ending September 30, 2022. (BP) Ms. Pamplin stated in regards to Exhibit A based on the previous direction given earlier, the new proposed total General Fund budget is $41,142,021 and the total of all funds is $119,476,797. Doug Charles, 4360 Mill Branch Drive, stated he still is in opposition fo the proposed and expressed frustration for the Town Council not discussiong assumptions for next fiscal year. Councilmember Cotten made a motion to approve Ordinance No. 2021-55 adopting the Fiscal Year (FY) 2021-2022 Annual Budget and Capital Improvement Program for the fiscal year beginning October 1, 2021, and ending September 30, 2022 as Page 12 Item 7. Page 9 of 11 proposed with a new General Fund Total of $41,142,021 and a new total of all funds of $119,476,797, and to make appropriate revisions to the attached ordinance. Mayor Pro-Tem Miller seconded that motion and the moiton was unananimously approved by a roll call vote. Councilmember Ray made a motion to ratify the property tax revenue as reflected in the fiscal year 2021-2022 budget. Mayor Pro-Tem Miller seconded that motion and the motion was unanimously approved by a roll call vote 24. Consider and act upon an ordinance adopting the Town of Prosper 2021 Property Tax Rate. (BP) Ms. Pamplin noted the new Maintenance and Operations (M&O) rate of $0.3280 based on a $0.51 property tax rate. Councilwoman Bartley made a motion that the property tax rate be decreased by the adoption of a tax rate of $0.51, which is effectively a 5.84 percent increase in the tax rate, and to make the appropriate changes to the attached ordinance. Councilmember Ray seconded the motion. Mayor Smith called the roll and the motion passed with a 5-1 vote, with Mayor Smith voting in opposition. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. This item was not discussed. Robyn Battle, Executive Director of Community Services, introduce Michelle Lewis Sirianni, the new Town Secretary. The Town Council welcomed Ms. Lewis Sirianni to the staff. 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, including the resignation of the Fire Chief, and all matters incident and related thereto. Section 551.071 - Consultation with the Town Attorney regarding legal issues associated with compensation and employee incentives regarding leave policies. Section 551.074 - To discuss appointments to the Board of Adjustment/Construction Board of Appeals, Parks & Recreation Board, Library Board, Prosper Economic Development Corporation Board, and Planning & Zoning Commission. The Town Council recessed into Executive Session at 8:23 p.m.. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Town Council reconvened the Regular Session at 9:21 p.m. Mayor Pro-Tem Miller made a motion to appoint the following to each board and commission. Page 13 Item 7. Page 10 of 11 BOARD NAME TERM EXPIRES APPOINTEE BOARD OF ADJUSTMENT / CONSTRUCTION BOARD OF APPEALS Place No. 1 9/30/2023 Ken Dugger Place No. 3 9/30/2023 George Dupont Place No. 5 9/30/2023 Joe Tremblay Place No. 7 9/30/2023 Brad Black ECONOMIC DEVELOPMENT CORPORATION Place No. 5 9/30/2024 Chad Gilliland Place No. 6 9/30/2024 Jordan Simms Place No. 7 9/30/2024 Don Perry LIBRARY BOARD Place No. 1 9/30/2023 Danielle Phillipson Place No. 3 9/30/2023 Lenorah Johnsson Place No. 5 9/30/2023 Mandi Jacksonn Place No. 7 9/30/2023 Andrew Cartwrright PARKS AND RECREATION BOARD Place No. 1 9/30/2023 Ty Bledsoe Place No. 3 9/30/2023 Valerie Little Place No. 5 9/30/2023 Cameron Reeves Place No. 7 9/30/2023 John Metcalf PLANNING AND ZONING COMMISSION Place No. 1 9/30/2023 Sekou Harris Place No. 3 9/30/2023 Sarah Peterson Page 14 Item 7. Page 11 of 11 Place No. 5 9/30/2023 Chris Kern Place No. 6 9/30/2022 Damon Jackson Place No. 7 9/30/2023 Brandon Daniel Community Engagement Committee: adding Ashleigh Hughes, James Creedon, and Nilesh Patel. Councilmember Cotten seconded that motion and the motion was unanimously approved. Adjourn. The meeting was adjourned at 9:25 p.m. These minutes approved on the 28th day of September 2021. APPROVED: Ray Smith, Mayor ATTEST: Michelle Lewis Sirianni, Town Secretary Page 15 Item 7. 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 –September 28, 2021 Agenda Item: Consider and act upon awarding CSP No. 2021-62-B to SRH Landscapes LLC, related to construction services for the Coleman Street Median Landscaping (Talon-Victory) project; and authorizing the Town Manager to execute a construction agreement for same. Description of Agenda Item: On August 12, 2021, at 2:00 PM, two (2) Competitive Sealed Proposals were received for the Coleman Street Median Landscaping (Talon-Victory) project. The project includes the installation of the Town of Prosper standard median landscaping and irrigation from Talon Way to Victory Way. 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 $370,042.70 and $381,149.41. The Engineer's Estimate was $229,345.14 and did not account for the additional extension of the electrical service to the project, or increased costs for the concrete items including the stamped concrete and concrete mowstrip. The proposals were less than the Town’s budget for the project of $454,025. The proposal final completion times ranged from 100 calendar days to 105 calendar days. SRH Landscapes LLC, was the firm that ranked the highest after consideration of Costs, Time, and Qualifications with a cost of $370,042.70, and a project timeline of 105 calendar days. Through cost cutting evaluations, staff and SRH lowered the proposal cost by $46,208.93, resulting in a best and final offer of $323,833.77. Prosper is a place where everyone matters. ENGINEERING SERVICES Page 16 Item 8. Page 2 of 2 SRH Landscapes LLC, has successfully completed landscaping projects for the Town of Prosper, including the landscaping for Town Hall. Staff checked the references provided and received positive feedback. Budget Impact: The cost for the landscaping and irrigation improvements is $323,833.77. The FY 2020-2021 Capital Improvement Program includes $454,025 from the East Thoroughfare Impact Fees and savings from other projects for the Coleman Street Median Landscaping (Talon-Victory) project. The funding source is Account No. 750-6610-10-00-2018-PK. 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. 2021-62-B to SRH Landscapes LLC, related to construction services for the Coleman Street Median Landscaping (Talon-Victory) project; and authorizing the Town Manager to execute a construction agreement for same. Proposed Motion: I move to award CSP No. 2021-62-B to SRH Landscapes LLC, related to construction services for the Coleman Street Median Landscaping (Talon-Victory) project; and authorizing the Town Manager to execute a construction agreement for same. Page 17 Item 8. LOCATION MAP Coleman Street Median Landscaping (Talon –Victory) Coleman Street Prosper HS Victory Way Page 18Item 8. CSP No. 2021-62-B EVALUATION CRITERIA WEIGHTING POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE Qualifications and Experience 30%6.28 1.88 7.89 2.37 Proposed Project Timeline 20%10.00 2.00 9.52 1.90 Cost Proposal 50%9.71 4.85 10.00 5.00 TOTAL 100%8.74 9.27 Coleman Street Median Landscaping (Talon - Victory) EVALUATION MATRIX C. GREENSCAPING, LP SRH LANDSCAPES, LLC Attachment 2 Page 19 Item 8. CSP NO: 2021-62-B Coleman Street Median Landscaping (Talon - Victory) (Document Version 05/21) 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 SRH Landscapes, LLC, 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. 2021-62-B COLEMAN STREET MEDIAN LANDSCAPING (TALON - VICTORY) 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 20 Item 8. CSP NO: 2021-62-B Coleman Street Median Landscaping (Talon - Victory) (Document Version 05/21) 6 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 Three Hundred Twenty-Three Thousand Eight Hundred Thirty-Three dollars and Seventy-Seven cents ($323,833.77). 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 90 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 Attachment 3 Page 21 Item 8. CSP NO: 2021-62-B Coleman Street Median Landscaping (Talon - Victory) (Document Version 05/21) 7 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 22 Item 8. CSP NO: 2021-62-B Coleman Street Median Landscaping (Talon - Victory) (Document Version 05/21) 8 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. 2021-62-B Coleman Street Median Landscaping (Talon - Victory) 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 Page 23 Item 8. CSP NO: 2021-62-B Coleman Street Median Landscaping (Talon - Victory) (Document Version 05/21) 9 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 Page 24 Item 8. CSP NO: 2021-62-B Coleman Street Median Landscaping (Talon - Victory) (Document Version 05/21) 10 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 Page 25 Item 8. CSP NO: 2021-62-B Coleman Street Median Landscaping (Talon - Victory) (Document Version 05/21) 11 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 Page 26 Item 8. CSP NO: 2021-62-B Coleman Street Median Landscaping (Talon - Victory) (Document Version 05/21) 12 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 Page 27 Item 8. CSP NO: 2021-62-B Coleman Street Median Landscaping (Talon - Victory) (Document Version 05/21) 13 "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 Page 28 Item 8. CSP NO: 2021-62-B Coleman Street Median Landscaping (Talon - Victory) (Document Version 05/21) 14 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 Page 29 Item 8. CSP NO: 2021-62-B Coleman Street Median Landscaping (Talon - Victory) (Document Version 05/21) 15 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 30 Item 8. CSP NO: 2021-62-B Coleman Street Median Landscaping (Talon - Victory) (Document Version 05/21) 16 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 31 Item 8. CSP NO: 2021-62-B Coleman Street Median Landscaping (Talon - Victory) (Document Version 05/21) 17 SRH LANDSCAPES, LLC TOWN OF PROSPER, TEXAS By: ___________________________________ By: HARLAN JEFFERSON Title: ___________________________________ Title: Town Manager Date: Date: Address: P.O. Box 796754 Dallas, Texas 75279 Phone: (877) 960-5234 Email: ___________________________ Address: 250 W. First St. P.O. Box 307 Prosper, Texas 75078 Phone: (972) 346-2640 Email: hjefferson@prospertx.gov ATTEST: MICHELLE LEWIS SIRIANNI Town Secretary Attachment 3 Page 32 Item 8. CSP NO: 2021-62-B Coleman Street Median Landscaping (Talon - Victory) (Document Version 05/21) 18 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 28th day of September, 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. 2021-62-B COLEMAN STREET MEDIAN LANDSCAPING (TALON - VICTORY) 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 33 Item 8. CSP NO: 2021-62-B Coleman Street Median Landscaping (Talon - Victory) (Document Version 05/21) 19 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 34 Item 8. CSP NO: 2021-62-B Coleman Street Median Landscaping (Talon - Victory) (Document Version 05/21) 20 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 35 Item 8. CSP NO: 2021-62-B Coleman Street Median Landscaping (Talon - Victory) (Document Version 05/21) 21 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 28th day of September, 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. 2021-62-B COLEMAN STREET MEDIAN LANDSCAPING (TALON - VICTORY) 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 36 Item 8. CSP NO: 2021-62-B Coleman Street Median Landscaping (Talon - Victory) (Document Version 05/21) 22 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 37 Item 8. CSP NO: 2021-62-B Coleman Street Median Landscaping (Talon - Victory) (Document Version 05/21) 23 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 38 Item 8. CSP NO: 2021-62-B Coleman Street Median Landscaping (Talon - Victory) (Document Version 05/21) 24 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 28th day of September, 2021, to furnish all permits, licenses, bonds, insurance, products, materials, equipment, labor, supervision, and other accessories necessary for the construction of: CSP NO. 2021-62-B COLEMAN STREET MEDIAN LANDSCAPING (TALON - VICTORY) 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 39 Item 8. CSP NO: 2021-62-B Coleman Street Median Landscaping (Talon - Victory) (Document Version 05/21) 25 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 40 Item 8. CSP NO: 2021-62-B Coleman Street Median Landscaping (Talon - Victory) (Document Version 05/21) 26 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 41 Item 8. 2021-62-B Coleman Street Median Landscaping (Talon - Victory) Issue Date:7/26/2021 Questions Deadline:8/6/2021 12:00 PM (CT) Response Deadline:8/12/2021 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 17 pages Deadline: 8/12/2021 02:00 PM (CT)2021-62-B Attachment 3 Page 42 Item 8. Event Information Number:2021-62-B Title:Coleman Street Median Landscaping (Talon - Victory) Type:Competitive Sealed Proposal Issue Date:7/26/2021 Question Deadline:8/6/2021 12:00 PM (CT) Response Deadline:8/12/2021 02:00 PM (CT) Notes:ENGINEER'S ESTIMATE: $215,127 The Town of Prosper is accepting competitive sealed proposals for CSP NO. 2021- 62-B Coleman Street Median Landscaping (Talon - Victory). 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, August 12, 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, August 12, 2021 @ 3:00 P.M. To participate in the proposal opening, please use the following: Join Zoom Meeting: https://us02web.zoom.us/j/86777713649 Meeting ID: 867 7771 3649 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 median landscape, hardscape, and irrigation on Coleman Street from Talon Lane to Victory Way. 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 St, Prosper, Texas, 75078, Phone: (972) 569-6262 without charge. These documents may be acquired from that office for the non-refundable purchase price of $50 per set, payable to the Town of Prosper. Copies of Plans, Specifications, and Contract Documents may also be Page 2 of 17 pages Deadline: 8/12/2021 02:00 PM (CT)2021-62-B Attachment 3 Page 43 Item 8. 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 Friday, August 6, 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 a Plaholder Registration Form to be placed on the Town's official Planholder List for this project. 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 8/12/2021 3:00:00 PM (CT) The proposal opening will be held online on Thursday, August 12, 2021 @ 3:00 P.M. To participate in the proposal opening, please use the following: Join Zoom Meeting: https://us02web.zoom.us/j/86777713649 Meeting ID: 867 7771 3649 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 +1 346 248 779 Bid Attachments CSP No. 2021-62-B Contract Documents and Specifications.pdf Download CSP No. 2021-62-B Contract Documents and Specifications CSP No. 2021-62-B Construction Plans.pdf Download CSP No. 2021-62-B Construction Plans Standard Terms and Conditions for Procurements Construction V 4-24-20.pdf Download Standard Terms and Conditions for Procurements Construction Page 3 of 17 pages Deadline: 8/12/2021 02:00 PM (CT)2021-62-B Attachment 3 Page 44 Item 8. 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. 2021-62-B Bid Bond.pdf Download CSP No. 2021-62-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. 2021-62-B Planholder Registration Form.pdf Download CSP No. 2021-62-B Planholder Registration Form Requested Attachments Bid Bond (Attachment required) 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 (this should be a previous schedule used for same or similar project, not an actual schedule for this project) Out of State Contractor Compliance Form Submit only if applicable Conflict of Interest 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 17 pages Deadline: 8/12/2021 02:00 PM (CT)2021-62-B Attachment 3 Page 45 Item 8. 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 17 pages Deadline: 8/12/2021 02:00 PM (CT)2021-62-B Attachment 3 Page 46 Item 8. 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) 1 0 Bid Proposal Condition No. 10 Bidder will substantially complete the Work for the price(s) shown in the schedule of bid items and within the number of calendar days proposed based on date of Notice to Proceed. I Agree (Required: Check if applicable) 1 1 Bid Proposal Condition No. 11 Bidder hereby agrees to commence work within ten (10) days after the date written notice to proceed shall have been given to him, and to substantially complete the work 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) 1 2 Bid Proposal Condition No. 12 Bidder agrees that the implementation of the Owner’s right to delete any portion of the improvements shall not be considered as waiving or invalidating any conditions or provisions of the contract or bonds. Bidder shall perform the Work as altered and no allowances shall be made for anticipated profits. I Agree (Required: Check if applicable) 1 3 Bid Proposal Condition No. 13 Since the Work on this Project is being performed for a governmental body and function, the Owner will issue to the Contractor a certificate of exemption for payment for the State Sales TAX on materials incorporated into this Project if requested. I Agree (Required: Check if applicable) 1 4 Bid Proposal Condition No. 14 In the event of the award of a contract, vendor will furnish a Performance Bond for 115% of the contract amount, and a Payment Bond for 100% of the contract amount, to secure proper compliance with the terms and provisions of the contract with sureties offered by surety company named in the space provided,to insure and guarantee the work until final completion and acceptance, and to guarantee payment of all lawful claims for labor performed and materials furnished in the fulfillment of the contract. In addition, the undersigned will furnish a Maintenance Bond for 100% of the contract amount covering defects of material and workmanship for two calendar years following the Owner's approval and acceptance of the construction. I Agree (Required: Check if applicable) 1 5 Bid Proposal Condition No. 15 The work, proposed to be done, shall be accepted when fully completed in accordance with the plans and specifications, to the satisfaction of the Engineer and the Owner. I Agree (Required: Check if applicable) Page 6 of 17 pages Deadline: 8/12/2021 02:00 PM (CT)2021-62-B Attachment 3 Page 47 Item 8. 1 6 Bid Proposal Condition No. 16 The vendor submitting this Bid certifies that the bid prices contained in this Bid have been carefully checked and are submitted as correct and final. I Agree (Required: Check if applicable) 1 7 Base Bid Cost of Materials $ (Required: Numbers only) 1 8 Base Bid Cost of Labor, Profit, etc. $ (Required: Numbers only) 1 9 Addendum No. 1 Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued) Acknowledged (Optional: Check if applicable) 2 0 Addendum No. 2 Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued) Acknowledged (Optional: Check if applicable) 2 1 Addendum No. 3 Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued) Acknowledged (Optional: Check if applicable) 2 2 Addendum No. 4 Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued) Acknowledged (Optional: Check if applicable) 2 3 Addendum No. 5 Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued) Acknowledged (Optional: Check if applicable) 2 4 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 17 pages Deadline: 8/12/2021 02:00 PM (CT)2021-62-B Attachment 3 Page 48 Item 8. 2 5 Subcontractor 1 - Type of Work (Optional: Maximum 1000 characters allowed) 2 6 Subcontractor 1 - % of Work % (Optional) 2 7 Subcontractor 2 - Name (Optional: Maximum 1000 characters allowed) 2 8 Subcontractor 2 - Type of Work (Optional: Maximum 1000 characters allowed) 2 9 Subcontractor 2 - % of Work % (Optional) 3 0 Subcontractor 3 - Name (Optional: Maximum 1000 characters allowed) 3 1 Subcontractor 3 - Type of Work (Optional: Maximum 1000 characters allowed) 3 2 Subcontractor 3 - % of Work % (Optional) 3 3 Subcontractor 4 - Name (Optional: Maximum 1000 characters allowed) Page 8 of 17 pages Deadline: 8/12/2021 02:00 PM (CT)2021-62-B Attachment 3 Page 49 Item 8. 3 4 Subcontractor 4 - Type of Work (Optional: Maximum 1000 characters allowed) 3 5 Subcontractor 4 - % of Work % (Optional) 3 6 Subcontractor 5 - Name (Optional: Maximum 1000 characters allowed) 3 7 Subcontractor 5 - Type of Work (Optional: Maximum 1000 characters allowed) 3 8 Subcontractor 5 - % of Work % (Optional) 3 9 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) 4 0 Supplier 1 - Type of Material/Equipment (Optional: Maximum 1000 characters allowed) 4 1 Supplier 2 - Name (Optional: Maximum 1000 characters allowed) Page 9 of 17 pages Deadline: 8/12/2021 02:00 PM (CT)2021-62-B Attachment 3 Page 50 Item 8. 4 2 Supplier 2 - Type of Material/Equipment (Optional: Maximum 1000 characters allowed) 4 3 Supplier 3 - Name (Optional: Maximum 1000 characters allowed) 4 4 Supplier 3 - Type of Material/Equipment (Optional: Maximum 1000 characters allowed) 4 5 Supplier 4 - Name (Optional: Maximum 1000 characters allowed) 4 6 Supplier 4 - Type of Material/Equipment (Optional: Maximum 1000 characters allowed) 4 7 Supplier 5 - Name (Optional: Maximum 1000 characters allowed) 4 8 Supplier 5 - Type of Material/Equipment (Optional: Maximum 1000 characters allowed) 4 9 Project Timeline: Substantial Completion Provide number of calendar days from the date of the Notice to Proceed to reach substantial completion of all construction (Required: Numbers only) Page 10 of 17 pages Deadline: 8/12/2021 02:00 PM (CT)2021-62-B Attachment 3 Page 51 Item 8. 5 0 Project Timeline: Final Completion Provide additional number of calendar days from Substantial Completion to reach final completion of all construction (Required: Numbers only) Bid Lines 1 Mobilization, Bonds, Insurance and all Permitting (Max 5%) (Response required) Quantity:1 UOM:LS Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 2 Field Engineering & Construction Staking (Response required) Quantity:1 UOM:LS Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 3 All Traffic Control Measures, including construction sequencing, barricading, traffic control design (Response required) Quantity:1 UOM:LS Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 4 Temporary Erosion Control, including providing SWPPP, NOI, and filing with TCEQ complete in place (Response required) Quantity:1 UOM:LS Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 5 Demo of Existing Curb for Maintenance Ramp (Response required) Quantity:1 UOM:LS Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) Page 11 of 17 pages Deadline: 8/12/2021 02:00 PM (CT)2021-62-B Attachment 3 Page 52 Item 8. 6 Removal of 4 in. of native material, and subgrade shaping (Response required) Quantity:273 UOM:CY Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 7 Import of 4 in. of Turfsoil or equal in Solid Sod areas (Response required) Quantity:213 UOM:CY Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 8 Stamped Concrete (Response required) Quantity:3324 UOM:SF Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 9 6 in. Electrical Sleeve (Response required) Quantity:2153 UOM:LF Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 1 0 Concrete Mowstrip (Response required) Quantity:1016 UOM:LF Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 1 1 Maintenance Ramp (Response required) Quantity:4 UOM:EA Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) Page 12 of 17 pages Deadline: 8/12/2021 02:00 PM (CT)2021-62-B Attachment 3 Page 53 Item 8. 1 2 Tun-key Electrical to Irrigation Control (Response required) Quantity:1 UOM:LS Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 1 3 Live Oak - 100 Gal. (Response required) Quantity:3 UOM:EA Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 1 4 Bald Cypress - 100 Gal. (Response required) Quantity:3 UOM:EA Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 1 5 Magnolia - 100 Gal. (Response required) Quantity:3 UOM:EA Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 1 6 Eagleston Holly - 30 Gal. (Response required) Quantity:6 UOM:EA Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 1 7 Dwarf Yaupon Holly - 7 Gal. (Response required) Quantity:54 UOM:EA Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) Page 13 of 17 pages Deadline: 8/12/2021 02:00 PM (CT)2021-62-B Attachment 3 Page 54 Item 8. 1 8 Nandina - 7 Gal. (Response required) Quantity:111 UOM:EA Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 1 9 Color Guard Yucca - 5 Gal. (Response required) Quantity:19 UOM:EA Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 2 0 Dwarf Crape Myrtle 3 Gal. (Response required) Quantity:13 UOM:EA Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 2 1 Dwarf Purple Diamond - 3 Gal. (Response required) Quantity:168 UOM:EA Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 2 2 Indian Hawthorn - 3 Gal. (Response required) Quantity:20 UOM:EA Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 2 3 Dwarf Hamelin Grass 1 Gal. (Response required) Quantity:181 UOM:EA Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) Page 14 of 17 pages Deadline: 8/12/2021 02:00 PM (CT)2021-62-B Attachment 3 Page 55 Item 8. 2 4 Mexican Petunia - 1 Gal. (Response required) Quantity:84 UOM:EA Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 2 5 Tree Staking (Response required) Quantity:14 UOM:EA Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 2 6 4 in. Bed Preparation & Topmulch (Response required) Quantity:4969 UOM:SF Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 2 7 Solid Sod Zosia Palisades (Response required) Quantity:17217 UOM:SF Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 2 8 Colorado River Rock (Response required) Quantity:385 UOM:SF Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 2 9 60-Day Maintenance (Response required) Quantity:1 UOM:LS Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) Page 15 of 17 pages Deadline: 8/12/2021 02:00 PM (CT)2021-62-B Attachment 3 Page 56 Item 8. 3 0 Irrigation System, including water tap, meter and all incidentals, installed (Response required) Quantity:22186 UOM:SF Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) Page 16 of 17 pages Deadline: 8/12/2021 02:00 PM (CT)2021-62-B Attachment 3 Page 57 Item 8. 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 17 of 17 pages Deadline: 8/12/2021 02:00 PM (CT)2021-62-B Attachment 3 Page 58 Item 8. 2021-62-B SRH Landscapes LLC Supplier Response Event Information Number:2021-62-B Title:Coleman Street Median Landscaping (Talon - Victory) Type:Competitive Sealed Proposal Issue Date:7/26/2021 Deadline:8/12/2021 02:00 PM (CT) Notes:ENGINEER'S ESTIMATE: $215,127 The Town of Prosper is accepting competitive sealed proposals for CSP NO. 2021-62-B Coleman Street Median Landscaping (Talon - Victory). 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, August 12, 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, August 12, 2021 @ 3:00 P.M. To participate in the proposal opening, please use the following: Join Zoom Meeting: https://us02web.zoom.us/j/86777713649 Meeting ID: 867 7771 3649 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 median landscape, hardscape, and irrigation on Page 1 of 11 pages Vendor: SRH Landscapes LLC 2021-62-B Attachment 3 Page 59 Item 8. Coleman Street from Talon Lane to Victory Way. 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 St, Prosper, Texas, 75078, Phone: (972) 569-6262 without charge. These documents may be acquired from that office for the non- refundable purchase price of $50 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 Friday, August 6, 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 a Plaholder Registration Form to be placed on the Town's official Planholder List for this project. Contact Information Contact:January Cook Purchasing Manager Address:Purchasing Office Town Hall 3rd Floor Page 2 of 11 pages Vendor: SRH Landscapes LLC 2021-62-B Attachment 3 Page 60 Item 8. 250 W. First St. P.O. Box 307 Prosper, TX 75078 Phone:(972) 569-1018 Email:jcook@prospertx.gov Page 3 of 11 pages Vendor: SRH Landscapes LLC 2021-62-B Attachment 3 Page 61 Item 8. SRH Landscapes LLC Information Address:PO Box 796754 Dallas, TX 75279 Phone:(877) 960-5234 By submitting your response, you certify that you are authorized to represent and bind your company. Tyler Hawkins th@srhtrees.com Signature Email Submitted at 8/12/2021 12:41:02 PM Requested Attachments Bid Bond Prosper Bid Bond.pdf Attachment A1 SRH Landscapes Statement of Qualifications.pdf Outline contractor and subcontractor experience with similar projects Attachment A2 OTH Resume.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 - Completed.pdf Complete and submit the Completed Projects and References Worksheet. Attachment A4 Sample Schedule.pdf Submit a copy of an actual project schedule used during construction (this should be a previous schedule used for same or similar project, not an actual schedule for this project) Out of State Contractor Compliance Form No response Submit only if applicable Conflict of Interest 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) 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) Page 4 of 11 pages Vendor: SRH Landscapes LLC 2021-62-B Attachment 3 Page 62 Item 8. 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) 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) 1 0 Bid Proposal Condition No. 10 Bidder will substantially complete the Work for the price(s) shown in the schedule of bid items and within the number of calendar days proposed based on date of Notice to Proceed. I Agree (I Agree) Page 5 of 11 pages Vendor: SRH Landscapes LLC 2021-62-B Attachment 3 Page 63 Item 8. 1 1 Bid Proposal Condition No. 11 Bidder hereby agrees to commence work within ten (10) days after the date written notice to proceed shall have been given to him, and to substantially complete the work 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) 1 2 Bid Proposal Condition No. 12 Bidder agrees that the implementation of the Owner’s right to delete any portion of the improvements shall not be considered as waiving or invalidating any conditions or provisions of the contract or bonds. Bidder shall perform the Work as altered and no allowances shall be made for anticipated profits. I Agree (I Agree) 1 3 Bid Proposal Condition No. 13 Since the Work on this Project is being performed for a governmental body and function, the Owner will issue to the Contractor a certificate of exemption for payment for the State Sales TAX on materials incorporated into this Project if requested. I Agree (I Agree) 1 4 Bid Proposal Condition No. 14 In the event of the award of a contract, vendor will furnish a Performance Bond for 115% of the contract amount, and a Payment Bond for 100% of the contract amount, to secure proper compliance with the terms and provisions of the contract with sureties offered by surety company named in the space provided,to insure and guarantee the work until final completion and acceptance, and to guarantee payment of all lawful claims for labor performed and materials furnished in the fulfillment of the contract. In addition, the undersigned will furnish a Maintenance Bond for 100% of the contract amount covering defects of material and workmanship for two calendar years following the Owner's approval and acceptance of the construction. I Agree (I Agree) 1 5 Bid Proposal Condition No. 15 The work, proposed to be done, shall be accepted when fully completed in accordance with the plans and specifications, to the satisfaction of the Engineer and the Owner. I Agree (I Agree) 1 6 Bid Proposal Condition No. 16 The vendor submitting this Bid certifies that the bid prices contained in this Bid have been carefully checked and are submitted as correct and final. I Agree (I Agree) 1 7 Base Bid Cost of Materials $129457 1 8 Base Bid Cost of Labor, Profit, etc. $240585 1 9 Addendum No. 1 Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued) Acknowledged (Acknowledged) Page 6 of 11 pages Vendor: SRH Landscapes LLC 2021-62-B Attachment 3 Page 64 Item 8. 2 0 Addendum No. 2 Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued) Acknowledged (Acknowledged) 2 1 Addendum No. 3 Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued) Acknowledged (Acknowledged) 2 2 Addendum No. 4 Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued) Acknowledged (Acknowledged) 2 3 Addendum No. 5 Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued) Acknowledged (Acknowledged) 2 4 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. Groves Electrical Contractors 2 5 Subcontractor 1 - Type of Work Electrical Installation 2 6 Subcontractor 1 - % of Work 10% 2 7 Subcontractor 2 - Name No response 2 8 Subcontractor 2 - Type of Work No response 2 9 Subcontractor 2 - % of Work No response 3 0 Subcontractor 3 - Name No response 3 1 Subcontractor 3 - Type of Work No response 3 2 Subcontractor 3 - % of Work No response Page 7 of 11 pages Vendor: SRH Landscapes LLC 2021-62-B Attachment 3 Page 65 Item 8. 3 3 Subcontractor 4 - Name No response 3 4 Subcontractor 4 - Type of Work No response 3 5 Subcontractor 4 - % of Work No response 3 6 Subcontractor 5 - Name No response 3 7 Subcontractor 5 - Type of Work No response 3 8 Subcontractor 5 - % of Work No response 3 9 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. Irrigators Supply 4 0 Supplier 1 - Type of Material/Equipment Irrigation Equipment 4 1 Supplier 2 - Name King Ranch Turfgrass 4 2 Supplier 2 - Type of Material/Equipment Sod and Tufgrass 4 3 Supplier 3 - Name SRH Trees, Inc. 4 4 Supplier 3 - Type of Material/Equipment Trees, Plant materials 4 5 Supplier 4 - Name No response 4 6 Supplier 4 - Type of Material/Equipment No response 4 7 Supplier 5 - Name No response Page 8 of 11 pages Vendor: SRH Landscapes LLC 2021-62-B Attachment 3 Page 66 Item 8. 4 8 Supplier 5 - Type of Material/Equipment No response 4 9 Project Timeline: Substantial Completion Provide number of calendar days from the date of the Notice to Proceed to reach substantial completion of all construction 90 5 0 Project Timeline: Final Completion Provide additional number of calendar days from Substantial Completion to reach final completion of all construction 15 Bid Lines 1 Mobilization, Bonds, Insurance and all Permitting (Max 5%) Quantity:1 UOM:LS Unit Price:$14,254.00 Total:$14,254.00 2 Field Engineering & Construction Staking Quantity:1 UOM:LS Unit Price:$3,900.00 Total:$3,900.00 3 All Traffic Control Measures, including construction sequencing, barricading, traffic control design Quantity:1 UOM:LS Unit Price:$11,108.50 Total:$11,108.50 4 Temporary Erosion Control, including providing SWPPP, NOI, and filing with TCEQ complete in place Quantity:1 UOM:LS Unit Price:$1,508.00 Total:$1,508.00 5 Demo of Existing Curb for Maintenance Ramp Quantity:1 UOM:LS Unit Price:$1,000.00 Total:$1,000.00 6 Removal of 4 in. of native material, and subgrade shaping Quantity:273 UOM:CY Unit Price:$27.20 Total:$7,425.60 7 Import of 4 in. of Turfsoil or equal in Solid Sod areas Quantity:213 UOM:CY Unit Price:$46.41 Total:$9,885.33 8 Stamped Concrete Quantity:3324 UOM:SF Unit Price:$23.50 Total:$78,114.00 9 6 in. Electrical Sleeve Quantity:2153 UOM:LF Unit Price:$39.64 Total:$85,344.92 1 0 Concrete Mowstrip Quantity:1016 UOM:LF Unit Price:$20.00 Total:$20,320.00 1 1 Maintenance Ramp Quantity:4 UOM:EA Unit Price:$1,000.00 Total:$4,000.00 Page 9 of 11 pages Vendor: SRH Landscapes LLC 2021-62-B Attachment 3 Page 67 Item 8. 1 2 Tun-key Electrical to Irrigation Control Quantity:1 UOM:LS Unit Price:$25,000.00 Total:$25,000.00 1 3 Live Oak - 100 Gal. Quantity:3 UOM:EA Unit Price:$843.75 Total:$2,531.25 1 4 Bald Cypress - 100 Gal. Quantity:3 UOM:EA Unit Price:$717.19 Total:$2,151.57 1 5 Magnolia - 100 Gal. Quantity:3 UOM:EA Unit Price:$843.75 Total:$2,531.25 1 6 Eagleston Holly - 30 Gal. Quantity:6 UOM:EA Unit Price:$168.75 Total:$1,012.50 1 7 Dwarf Yaupon Holly - 7 Gal. Quantity:54 UOM:EA Unit Price:$30.76 Total:$1,661.04 1 8 Nandina - 7 Gal. Quantity:111 UOM:EA Unit Price:$27.50 Total:$3,052.50 1 9 Color Guard Yucca - 5 Gal. Quantity:19 UOM:EA Unit Price:$37.13 Total:$705.47 2 0 Dwarf Crape Myrtle 3 Gal. Quantity:13 UOM:EA Unit Price:$45.56 Total:$592.28 2 1 Dwarf Purple Diamond - 3 Gal. Quantity:168 UOM:EA Unit Price:$29.53 Total:$4,961.04 2 2 Indian Hawthorn - 3 Gal. Quantity:20 UOM:EA Unit Price:$31.00 Total:$620.00 2 3 Dwarf Hamelin Grass 1 Gal. Quantity:181 UOM:EA Unit Price:$7.70 Total:$1,393.70 2 4 Mexican Petunia - 1 Gal. Quantity:84 UOM:EA Unit Price:$7.70 Total:$646.80 2 5 Tree Staking Quantity:14 UOM:EA Unit Price:$49.95 Total:$699.30 2 6 4 in. Bed Preparation & Topmulch Quantity:4969 UOM:SF Unit Price:$1.15 Total:$5,714.35 2 7 Solid Sod Zosia Palisades Quantity:17217 UOM:SF Unit Price:$1.60 Total:$27,547.20 Page 10 of 11 pages Vendor: SRH Landscapes LLC 2021-62-B Attachment 3 Page 68 Item 8. 2 8 Colorado River Rock Quantity:385 UOM:SF Unit Price:$10.08 Total:$3,880.80 2 9 60-Day Maintenance Quantity:1 UOM:LS Unit Price:$3,000.00 Total:$3,000.00 3 0 Irrigation System, including water tap, meter and all incidentals, installed Quantity:22186 UOM:SF Unit Price:$2.05 Total:$45,481.30 Response Total: $370,042.70 Page 11 of 11 pages Vendor: SRH Landscapes LLC 2021-62-B Attachment 3 Page 69 Item 8. CSP No. 2021-62-B Coleman Street Median Landscaping (Talon - Victory) Best and Final Offer Line # Description QTY UOM Unit Extended 1 Mobilization, Bonds, Insurance and all Permitting (Max 5%) 1 LS 14,254.00$ 14,254.00$ 2 Field Engineering & Construction Staking 1 LS 3,900.00$ 3,900.00$ 3 All Traffic Control Measures, including construction sequencing, barricading, traffic control design 1 LS 11,108.50$ 11,108.50$ 4 Temporary Erosion Control, including providing SWPPP, NOI, and filing with TCEQ complete in place 1 LS 1,508.00$ 1,508.00$ 5 Demo of Existing Curb for Maintenance Ramp 1 LS 1,000.00$ 1,000.00$ 6 Removal of 4 in. of native material, and subgrade shaping 273 CY 27.20$ 7,425.60$ 7 Import of 4 in. of Turfsoil or equal in Solid Sod areas 213 CY 46.41$ 9,885.33$ 8 Stamped Concrete 3,324 SF 23.50$ 78,114.00$ 9 2 in. Electrical Sleeve 2,153 LF 17.25$ 37,139.25$ 10 Concrete Mowstrip 1,016 LF 20.00$ 20,320.00$ 11 Maintenance Ramp 4 EA 1,000.00$ 4,000.00$ 12 Turn-key Electrical to Irrigation Control 1 LS 25,000.00$ 25,000.00$ 13 Live Oak - 100 Gal.3 EA 843.75$ 2,531.25$ 14 Bald Cypress - 100 Gal.3 EA 717.19$ 2,151.57$ 15 Magnolia - 100 Gal.3 EA 843.75$ 2,531.25$ 16 Eagleston Holly - 30 Gal.6 EA 168.75$ 1,012.50$ 17 Dwarf Yaupon Holly - 7 Gal.54 EA 30.76$ 1,661.04$ 18 Nandina - 7 Gal.111 EA 27.50$ 3,052.50$ 19 Color Guard Yucca - 5 Gal.19 EA 37.13$ 705.47$ 20 Dwarf Crape Myrtle 3 Gal.13 EA 45.56$ 592.28$ 21 Dwarf Purple Diamond - 3 Gal.168 EA 29.53$ 4,961.04$ 22 Indian Hawthorn - 3 Gal.20 EA 31.00$ 620.00$ 23 Dwarf Hamelin Grass 1 Gal.181 EA 7.70$ 1,393.70$ 24 Mexican Petunia - 1 Gal.84 EA 7.70$ 646.80$ 25 Tree Staking 14 EA 49.95$ 699.30$ 26 4 in. Bed Preparation & Topmulch 4,969 SF 1.15$ 5,714.35$ 27 Solid Sod Zosia Palisades 17,217 SF 1.60$ 27,547.20$ 28 Colorado River Rock 385 SF 10.08$ 3,880.80$ 29 60-Day Maintenance 1 LS 3,000.00$ 3,000.00$ 30 Irrigation System, including water tap, meter and all incidentals, installed 22,186 SF 2.14$ 47,478.04$ SRH Landscapes LLC Grand Total 323,833.77$ Attachment 3 Page 70 Item 8. Attachment 3 Page 71 Item 8. Attachment 3 Page 72 Item 8. Attachment 3 Page 73 Item 8. Attachment 3 Page 74 Item 8. Page 1 of 3 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 – September 28, 2021 Agenda Item: Consider and act upon approving Change Order Number 04 for Bid 2020-75-B to Mario Sinacola & Sons Excavating, Inc., related to construction services for the Prosper Trail – Coit Rd to Custer Rd 2-Lanes (CIP No. 2008-ST) project; and authorizing the Town Manager to execute Change Order Number 04 for same. Description of Agenda Item: Town Council authorized a construction contract with Mario Sinacola & Sons Excavating, Inc., at the August 11, 2020, Town Council meeting in the amount of $5,236,331.05. The project includes the construction of the south 2 lanes of an ultimate 4-lane section of Prosper Trail from Coit Road to Custer Road. East of the Coit Road/Prosper Trail intersection, the project extends the existing 4 lanes previously constructed east approximately 700 feet to improve the eastbound capacity of the intersection. At Custer Road (FM 2478), Prosper Trail will expand its ultimate 4-lane section approximately 300 feet west of the intersection to match up where the Texas Department of Transportation (TxDOT) plans show to widen the intersection with the FM 2478 project currently under construction. To date, three (3) Change Orders have been executed to address modification to the project from unexpected conflicts with utilities as well as including additional days for those tasks and historic winter weather in February and a wetter than normal month of May, both in 2021. Change Order Numbers 01 through 03 total $61,557.52, or approximately 1.18% over the original awarded contract price bringing the new contract price to $5,297,888.57. Change Order Number 04 attached, is for additional efforts to replace the deteriorating asphalt bridge transitions with concrete. Staff met with representatives from Mario Sinacola & Sons Excavating, Inc., on September 14, 2021, to determine a resolution addressing the deteriorating asphalt paving transitions adjacent to the bridge. Since the existing bridge was to remain with this project, the design engineer had recommended in the plans that the top two inches (2”) of the existing asphalt be milled off and replaced to provide a better driving surface until the additional lanes and bridge are constructed. Prosper is a place where everyone matters. ENGINEERING SERVICES Page 75 Item 9. Page 2 of 3 In performing that task, the contractor noted a few areas with ‘soft’ subgrade and removed and replaced additional depth in those areas. Once the paving was complete and open to traffic, large ruts, areas of slipping, and heaving arose very quickly. While we do not have an exact reason of failure, cores of the asphalt and subgrade suggest that there simply wasn’t enough stable base material over the full length of the old asphalt road to support traffic loading ; once the milling disturbed the surface, the base appears to have failed. To repair the main areas of deteriorated asphalt will require extensive excavation and is estimated to cost $175,000. Since this only addresses the major failed areas, an alternative that would address the full length of the transitions and provide a smooth driving surface until the future lanes and bridge are constructed was also discussed. Expansion of Prosper Trail to the ultimate configuration, including a new bridge, is not planned for several years, so rather than repairing existing sections with asphalt, it is recommended to remove all of the asphalt and reconstructing the transitions to the existing bridge with concrete. The concrete will provide a more durable surface resulting in less maintenance during the duration that the transitions are in place. The initial cost estimate for Change Order Number 04 was $372,088.50, which allowed the majority of the work to be done during a time when PISD schools are closed from Friday, October 8, 2021, through Tuesday, October 12, 2021. However, subsequent conversations about the increased cost to expedite the work and the fact that there still may be an impact to traffic after PISD schools reopen on Wednesday, October 13, 2021, resulted in a recommendation that the work begin once PISD schools close on Friday, October 8, 2021, and that standard materials and construction methods be used to reduce costs. Essentially, the “expedited schedule” is estimated to take one (1) week to construct at a cost of $372,088.50, and the “standard schedule” is estimated to take two (2) weeks to construct at a cost of $332,224.31. Staff is recommending the reduced cost “standard schedule” option. Since the reconstruction will require one lane to be closed while the other lane is being reconstructed, $10,490.53 is included in Change Order Number 04 for rental of temporary portable traffic signals to be placed on both ends of the reconstruction zone to allow two-way traffic to operate along Prosper Trail. Budget Impact: The cost for Change Order Number 04 is $332,224.31. The total cost for the construction of the Prosper Trail – Coit Rd to Custer Rd 2-Lanes project including Change Order Number 04 is $5,630,112.88, and is within the existing project budget of $6,300,000. The funding source is Account No. 750-6610-10-00-2008-ST. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard change order form as to form and legality. Attached Documents: 1. Change Order Number 04 2. Location map Town Staff Recommendation: Town staff recommends that the Town Council approve Change Order Number 04 for Bid 2020- 75-B to Mario Sinacola & Sons Excavating, Inc., related to construction services for the Prosper Trail – Coit Rd to Custer Rd 2-Lanes (CIP No. 2008-ST) project; and authorizing the Town Manager to execute Change Order Number 04 for same. Page 76 Item 9. Page 3 of 3 Proposed Motion: I move to approve Change Order Number 04 for Bid 2020-75-B to Mario Sinacola & Sons Excavating, Inc., related to construction services for the Prosper Trail – Coit Rd to Custer Rd 2- Lanes (CIP No. 2008-ST) project; and authorizing the Town Manager to execute Change Order Number 04 for same. Page 77 Item 9. Page 78Item 9. Prosper Trail Improvement Project Coit Road to Custer Road Gentle Creek Country Club Coit Road Custer Road Prosper Trail Page 79 Item 9. 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, Executive Director of Development and Infrastructure Services Re: Town Council Meeting – September 28, 2021 Agenda Item: Consider and act upon approving the purchase of one (1) skid steer loader from Holt Cat; and one (1) articulating telescopic aerial bucket truck from Altec Industries, Inc., through the Sourcewell Purchasing Cooperative. Description of Agenda Item: The purchase of one (1) skid steer loader for Park Operations and one (1) articulating telescopic aerial bucket truck for Streets are listed as part of the Budget Amendment approved by the Town Council on September 14, 2021. These items are additions to the fleet. Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code, Chapter 791, to enter into joint contracts and agreements for the performance of governmental functions and services, including administrative functions normally associated with the operation of government (such as purchasing necessary materials and equipment). The Town of Prosper previously entered into an interlocal participation agreement with Sourcewell (formerly NJPA). Participation in the cooperative purchasing programs allow our local government to purchase goods and services through the cooperative programs, while satisfying all competitive bidding requirements. Budget Impact: The budgeted amount for the skid steer loader is $81,013.00. The purchase price is $81,013.00 and will be charged to 750-6140-10-00-2134-EQ. The budgeted amount for the bucket truck is $117,261.00. The purchase price is $126,757.00 and will be charged to 750-6160-10-00-2126- EQ. The difference of $9,496.00 will be funded by other departmental accounts. Attached Documents: 1. Holt Cat Quote for Skid Steer Loader Prosper is a place where everyone matters. PUBLIC WORKS Page 80 Item 10. Page 2 of 2 2. Altec Industries, Inc. Quote for Bucket Truck Town Staff Recommendation: Staff recommends approving the purchase of one (1) skid steer loader from Holt Cat; and one (1) articulating telescopic aerial truck from Altec Industries, Inc., through the Sourcewell Purchasing Cooperative. Proposed Motion: I move to approve the purchase of one (1) skid steer loader from Holt Cat; and one (1) articulating telescopic aerial truck from Altec Industries, Inc., through the Sourcewell Purchasing Cooperative. Page 81 Item 10. Page 1 DATE: September 15, 2021 QUOTE #:274927-01 TOWN OF PROSPER Frank Garomin / Luis Galvez PO BOX 307 PROSPER, TEXAS 75078-0307 Brent Pemberton 817.219.6187 One (1) New Caterpillar Inc Model: 299D XPS Compact Track Loader 299D XPS List Price $104,067 Sourcewell Discount 21% $23,935 Machine Subtotal $80,132 Bucket-GP, 86", BOCE $2,056 Sourcewell Discount 15% $473 Worktool Bucket Subtotal $1,583 Warranty 60 Month 3000 Hour PT+HYD $2,170 Dealer Prep and Delivery $660 Machine Subtotal $84,545 Holt Loyal Customer Discount $3,532 Machine TOTAL w/ Warranty $81,013 Quote Through Sourcewell Contract #032119 – Member 100478 WARRANTY Standard Warranty: 24 Month/2000 Hour Total Machine Limited Warranty Extended Warranty: 60 Month/3000 Hour Power Train + Hydraulics MACHINE SPECIFICATIONS DESCRIPTION REF.# 299D3 CTL DCA6C 601-9699 299D3 COMPACT TRACK LOADER 512-4299 CAB PACKAGE, ULTRA 588-9140 HYDRAULICS, PERFORMANCE, (H3) (High Flow Hydraulics)512-4414 CONTROL, ISO, PROP, WT 512-4115 LIGHTS, LED 495-1671 RUBBER BELT, 2 SPD, TF IDLERS 357-0240 ROPS, ENCLOSED WITH A/C (C3) (Air Conditioned)512-3368 DISPLAY, ADVANCED, LCD, CAMERA 465-3705 FAN,COOLING, DEMAND, REVERSING 579-8782 SEAT,AIR SUSPENSION,CLOTH,HEAT 536-9738 FILM,TWO SPEED W/HIGH FLOW XPS 568-4704 RADIO, AM/FM, BLUETOOTH 345-6180 DEBRIS MGMT PKG, NONE (DM0)512-4089 BATTERY,EXTRA HD,DISC,1000 CCA 568-5612 Attachment 1 Page 82 Item 10. Page 2 DESCRIPTION REF.# REAR LIGHTS 356-6082 DOOR, CAB, POLYCARBONATE 586-1308 SEAT BELT, 2'' 542-6994 PRODUCT LINK, CELLULAR PL243 566-7115 QUICK COUPLER, HYDRAULIC 512-3401 HEATER, ENGINE COOLANT, 120V 345-3556 TRACK,RUBBER,450MM(17.7IN)BLCK 389-7672 RIDE CONTROL, NONE 512-3490 BUCKET-GP, 86'', BOCE (Smooth Bolt On Cutting Edge) 296-8192 STANDARD EQUIPMENT OPERATOR ENVIRONMENT FOPS, Level I 12V electric socket Top and rear windows Horn Floormat Hand (dial) & throttle electronic Interior rear view mirror FRAMES Lift linkage, vertical path Support, lift arm Chassis, one piece welded Cast rear bumper Machine tie down points (6) Ventilated rear door with integrated Belly pan cleanout sealing OTHER STANDARD EQUIPMENT Engine enclosure - lockable Heavy duty flat faced quick disconnects Extended life antifreeze (-37C, -34F) with integrated pressure release Work tool coupler Split d-ring to route work tool hoses Hydraulic oil level sight gauge along side of left lift arm Radiator coolant level sight gauge Variable speed hydraulic cooling fan Radiator expansion bottle Per SAE J818-2007 and EN 474-3:2006 and Cat ToughGuard TM hose ISO 14397-1:2007 POWERTRAIN Cat C3.8 turbo aftercooled diesel engine Filter, cartridge type, hydraulic -Gross horsepower per SAE J1349 Filters, canister type, fuel 98 hp (73 kW) @ 2400 RPM and water separator -Electric fuel priming pump Radiator/hydraulic oil -Air inlet heater starting aid cooler (side-by-side) -Liquid cooled, direct injection Spring applied, hydraulically released, Air cleaner, dual element, radial seal wet multi disc parking brakes S-O-S sampling valve, hydraulic oil Hydrostatic transmission UNDERCARRIAGE Dual flange front idler Suspension - independent torsion axle(4) Single flange rear idler Two speed motor HYDRAULICS ISO or H pattern controls: transmission control Electro/hydraulic implement control Speed sensor guarding Electro/hydraulic hydrostatic ELECTRICAL 12 volt electrical system -Two rear tail lights 100 ampere alternator -Dome light Ignition key start / stop / aux switch Backup alarm Lights: Electrical outlet, beacon -Gauge backlighting OPERATOR ENVIRONMENT Operator warning system indicators: Gauges: DEF level, fuel level, -Air filter restriction hour meter and tachometer -Alternator output Storage compartment with netting -Armrest raised / operator out of seat Ergonomic contoured armrest -Engine coolant temperature Control interlock system, when operator Attachment 1 Page 83 Item 10. Page 3 -Engine oil pressure leaves seat or armrest raised : -Air inlet heater activation -Hydraulic system disables -Hydraulic filter restriction -Hydrostatic transmission disables -Hydraulic oil temperature -Parking brake engages -Park brake engages ROPS Cab, open, tilt up -Engine emission system Attachment 1 Page 84 Item 10. Quote Number:893357 Opportunity Number:1636859 Sourcewell Contract #:012418-ALT Date:9/16/2021 REFERENCE ALTEC MODEL Sourcewell Price Articulating Telescopic Aerial Device (Insulated)$124,081 (A.) 1 2 3 4 (A1.) 1 FE POWER EQUIPMENT (Power Locks and Power Windows)$1,094 2 3 4 5 6 7 8 SOURCEWELL OPTIONS TOTAL:$125,175 (B.) 1 UNIT $0 2 UNIT & HYDRAULIC ACC $0 3 BODY $0 4 BODY & CHASSIS ACC $0 5 ELECTRICAL $0 6 FINISHING $0 7 CHASSIS $0 8 OTHER 3% Unit Discount Applied $0 OPEN MARKET OPTIONS TOTAL:$0 SUB-TOTAL FOR UNIT/BODY/CHASSIS:$125,175 Delivery to Customer at $2.20 / mile:$1,582 TOTAL FOR UNIT/BODY/CHASSIS:$126,757 (C.) 1 2 3 4 Altec Industries, Inc. SOURCEWELL OPTIONS ON CONTRACT (Unit) SOURCEWELL OPTIONS ON CONTRACT (General) OPEN MARKET ITEMS (Customer Requested) ADDITIONAL ITEMS (items are not included in total above) AT37G Quoted for: Town of Prosper Customer Contact: Phone: / Email: **Pricing valid for 45 days** NOTES PAINT COLOR: White to match chassis, unless otherwise specified Quoted by: Ashleigh Thompson Altec Account Manager: Mike Covington Phone: / Email: BUILD LOCATION: Elizabethtown, KY WARRANTY: Standard Altec Warranty for Aerials and Derricks - One (1) year parts warranty One (1) year labor warranty Ninety (90) days warranty for travel charges (Mobile Service) Limited Lifetime Structural Warranty. Chassis to include standard warranty, per the manufacturer. TRADE-IN: Please ask your Altec Account Manager for more information CHASSIS: Per Altec Commercial Standard DELIVERY: Based on Stock Availability TERMS: Net 30 days BEST VALUE: Altec boasts the following "Best Value" features: Altec ISO Grip Controls for Extra Protection, Only Lifetime Warranty on Structural Components in Industry, Largest Service Network in Industry (Domestic and Overseas), Altec SENTRY Web/CD Based Training, Dedicated/Direct Gov't Sales Manager, In-Service Training with Every Order. TO ORDER: To order, please contact the Altec Account Manager listed above. TOWN OF PROSPER SOURCEWELL QUOTE 9-16-21 Attachment 2 Page 85 Item 10. Page 1 of 3 To: Mayor and Town Council From: Leigh Johnson, Director of Information Technology Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 28, 2021 Agenda Item: Consider and act upon approving the purchase of computer hardware, from CDWG, Inc., through the Sourcewell Purchasing Cooperative. Description of Agenda Item: In order to obtain the maximum possible discount from the Town’s computer hardware vendor, I.T. intends to place an order for all computer hardware (desktops, laptops, workstations, monitors, and accessories) for new staff positions and scheduled VERF replacements that will be required in the upcoming fiscal year. Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code, Chapter 791, to enter into joint contracts and agreements for the performance of governmental functions and services, including administrative functions normally associated with the operation of government (such as purchasing necessary materials and equipment). The Town of Prosper previously entered into an interlocal agreement with the Sourcewell (formerly NJPA). Participation in the cooperative purchasing program allows our local government to purchase goods and services through the cooperative program, while satisfying all competitive bidding requirements. Budget Impact: NEW EQUIPMENT Account Department Purchase Total 100-10-03 Finance $ 575.04 100-10-04 Human Resources $ 2,273.75 100-10-05 I.T. $ 5,241.82 100-10-07 Municipal Court $ 2,273.75 100-20-01 P.D. (Operations) $ 8,190.31 100-30-01 F.D. $ 3,172.12 Prosper is a place where everyone matters. INFORMATION TECHNOLOGY Page 86 Item 11. Page 2 of 3 100-40-01 Inspections $ 2,848.79 100-50-01 Streets $ 4,547.50 100-60-01 Parks Admin $ 4,812.96 100-98-01 Engineering $ 10,223.66 200-10-08 Utility Billing $ 575.04 200-50-02 Public Works (Water) $ 4,547.50 200-50-03 Public Works (Wastewater) $ 2,273.75 Total $ 51,555.99 VERF Account Department Purchase Total 410-10-02 TSO $ 3,409.10 410-10-03 Finance $ 3,397.42 410-10-04 Human Resources $ 4,149.86 410-10-05 I.T. $ 1,698.71 410-10-06 Communications $ 1,698.71 410-10-07 Municipal Court $ 1,698.71 410-20-01 P.D. (Operations) $ 25,892.68 410-30-01 F.D. $ 29,884.23 410-40-01 Inspections $ 14,678.46 410-40-03 Planning $ 1,698.71 410-60-01 Parks Admin $ 2,491.74 410-60-05 Library $ 3,773.64 410-98-01 Engineering $ 9,245.99 410-50-02 Public Works (Water) $ 17,229.09 410-10-08 Utility Billing $ 3,397.42 410-50-03 Public Works (Wastewater) $ 1,698.71 Total $ 126,043.18 Grand Total $ 177,599.17 Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Terms and Conditions of Sales and Services as to form and legality. Attached Documents: 1. CDWG quote 2. Computer hardware purchase breakdown Page 87 Item 11. Page 3 of 3 Town Staff Recommendation: Town staff recommends approving the purchase of computer hardware, from CDWG, Inc., through the Sourcewell Purchasing Cooperative. Proposed Motion: I move to approve the purchase of computer hardware, from CDWG, Inc., through the Sourcewell Purchasing Cooperative. Page 88 Item 11. Page 1 of 3 QUOTE CONFIRMATION DEAR LEIGH JOHNSON, Thank you for considering CDWG LLC for your computing needs. The details of your quote are below. Click here to convert your quote to an order. QUOTE #QUOTE DATE QUOTE REFERENCE CUSTOMER #GRAND TOTAL 1C5YL6M 9/17/2021 FY22 TECHNOLOGY PURCHASE 9637526 $177,599.17 QUOTE DETAILS ITEM QTY CDW#UNIT PRICE EXT.PRICE Dell P2319H 23" 1920 x 1080 IPS LCD Monitor 38 5878515 $259.83 $9,873.54 Mfg. Part#: DELL-P2319HE Contract: Sourcewell 081419-CDW Tech Catalog (081419#CDW) Dell P2719H - LED monitor - Full HD (1080p) - 27"2 5850901 $324.00 $648.00 Mfg. Part#: DELL-P2719HE Contract: Sourcewell 081419-CDW Tech Catalog (081419#CDW) Dell Latitude 5420 Rugged - 14" - Core i5 8350U - vPro - 16 GB RAM - 512 GB 24 6279311 $1,992.19 $47,812.56 Mfg. Part#: 6GV87 Contract: Sourcewell 081419-CDW Tech Catalog (081419#CDW) Dell Latitude 5520 - 15.6" - Core i5 1135G7 - 8 GB RAM - 256 GB SSD 44 6390829 $1,291.08 $56,807.52 Mfg. Part#: Y5H5J Contract: Sourcewell 081419-CDW Tech Catalog (081419#CDW) Dell Latitude 5320 - 13.3" - Core i5 1135G7 - 8 GB RAM - 256 GB SSD 2 6404361 $1,302.76 $2,605.52 Mfg. Part#: XWR8N Contract: Sourcewell 081419-CDW Tech Catalog (081419#CDW) Dell Latitude 7320 Detachable - 13" - Core i5 1140G7 - Evo vPro - 8 GB RAM 10 6526335 $1,597.43 $15,974.30 Mfg. Part#: 6NH0C Contract: Sourcewell 081419-CDW Tech Catalog (081419#CDW) Dell Travel Keyboard - keyboard - with touchpad - QWERTY - US - light apoll 10 6521635 $156.53 $1,565.30 Mfg. Part#: K19M-BK-US Contract: Sourcewell 081419-CDW Tech Catalog (081419#CDW) Dell Active Pen - PN350M - stylus - Microsoft Pen Protocol - black 10 5551554 $39.22 $392.20 Mfg. Part#: DELL-PN350M-BK UNSPSC: 43211709 Contract: Sourcewell 081419-CDW Tech Catalog (081419#CDW) Dell OptiPlex 5090 - micro - Core i5 10500T 2.3 GHz - 8 GB - SSD 256 GB 8 6592607 $793.03 $6,344.24 Mfg. Part#: DWMPT Contract: Sourcewell 081419-CDW Tech Catalog (081419#CDW) Page 89 Item 11. Page 2 of 3 QUOTE DETAILS (CONT.) Dell Precision 3240 Compact - USFF - Core i7 10700 2.9 GHz - vPro - 16 GB - 1 6241315 $1,515.36 $1,515.36 Mfg. Part#: TNKYF Contract: Sourcewell 081419-CDW Tech Catalog (081419#CDW) Dell Pro Stereo Soundbar AE515M - sound bar - for monitor 17 5175770 $55.38 $941.46 Mfg. Part#: DELL-SB-AE515M UNSPSC: 43211607 Contract: Sourcewell 081419-CDW Tech Catalog (081419#CDW) Dell Latitude 7220 Rugged Extreme Tablet - 11.6" - Core i5 8365U - vPro - 1 3 6279310 $2,397.31 $7,191.93 Mfg. Part#: 413D9 Contract: Sourcewell 081419-CDW Tech Catalog (081419#CDW) Dell Docking Station WD19S - docking station - USB-C - HDMI, 2 x DP, USB-C 53 6416316 $203.31 $10,775.43 Mfg. Part#: DELL-WD19S130W Contract: Sourcewell 081419-CDW Tech Catalog (081419#CDW) Dell Upgrade from 3Y Mail-in Service to 3Y ProSupport - extended service ag 24 5637828 $173.06 $4,153.44 Mfg. Part#: 812-9858 Electronic distribution - NO MEDIA Contract: Sourcewell 081419-CDW Tech Catalog (081419#CDW) Dell Upgrade from 1Y Next Business Day to 3Y ProSupport - extended service 44 4122702 $204.32 $8,990.08 Mfg. Part#: 808-3126 UNSPSC: 81112307 Electronic distribution - NO MEDIA Contract: Sourcewell 081419-CDW Tech Catalog (081419#CDW) Dell Upgrade from 1Y Next Business Day to 3Y ProSupport - extended service 2 4122702 $204.32 $408.64 Mfg. Part#: 808-3126 UNSPSC: 81112307 Electronic distribution - NO MEDIA Contract: Sourcewell 081419-CDW Tech Catalog (081419#CDW) Dell Upgrade from 3Y Next Business Day to 3Y ProSupport - extended service 10 4330829 $78.44 $784.40 Mfg. Part#: 812-0037 UNSPSC: 81111812 Electronic distribution - NO MEDIA Contract: Sourcewell 081419-CDW Tech Catalog (081419#CDW) Dell Upgrade from 3Y Mail-in Service to 3Y ProSupport Plus - extended servi 3 4836052 $271.75 $815.25 Mfg. Part#: 808-3147 UNSPSC: 81112307 Electronic distribution - NO MEDIA Contract: Sourcewell 081419-CDW Tech Catalog (081419#CDW) PURCHASER BILLING INFO SUBTOTAL $177,599.17 Billing Address: TOWN OF PROSPER ACCOUNTS PAYABLE PO BOX 307 PROSPER, TX 75078-0307 Phone: (972) 346-2640 Payment Terms: Net 30 Days-Govt State/Local SHIPPING $0.00 SALES TAX $0.00 GRAND TOTAL $177,599.17 DELIVER TO Please remit payments to: Page 90 Item 11. Page 3 of 3 Shipping Address: LEIGH JOHNSON ATTN:LEIGH JOHNSON 250 W. FIRST ST. PROSPER, TX 75078 Phone: (972) 346-2640 Shipping Method: UPS Ground CDW Government 75 Remittance Drive Suite 1515 Chicago, IL 60675-1515 Need Assistance? CDWG LLC SALES CONTACT INFORMATION Nick Trapani |(877) 325-2502 |nick.trapani@cdwg.com LEASE OPTIONS FMV TOTAL FMV LEASE OPTION BO TOTAL BO LEASE OPTION $177,599.17 $4,713.48/Month $177,599.17 $5,457.62/Month Monthly payment based on 36 month lease. Other terms and options are available. Contact your Account Manager for details. Payment quoted is subject to change. Why finance? Lower Upfront Costs. Get the products you need without impacting cash flow. Preserve your working capital and existing credit line. Flexible Payment Terms. 100% financing with no money down, payment deferrals and payment schedules that match your company’s business cycles. Predictable, Low Monthly Payments. Pay over time. Lease payments are fixed and can be tailored to your budget levels or revenue streams. Technology Refresh. Keep current technology with minimal financial impact or risk. Add-on or upgrade during the lease term and choose to return or purchase the equipment at end of lease. Bundle Costs. You can combine hardware, software, and services into a single transaction and pay for your software licenses over time! We know your challenges and understand the need for flexibility. General Terms and Conditions: This quote is not legally binding and is for discussion purposes only. The rates are estimate only and are based on a collection of industry data from numerous sources. All rates and financial quotes are subject to final review, approval, and documentation by our leasing partners. Payments above exclude all applicable taxes. Financing is subject to credit approval and review of final equipment and services configuration. Fair Market Value leases are structured with the assumption that the equipment has a residual value at the end of the lease term. This quote is subject to CDW’s Terms and Conditions of Sales and Service Projects at http://www.cdwg.com/content/terms-conditions/product-sales.aspx For more information, contact a CDW account manager ' 2021 CDWG LLC 200 N. Milwaukee Avenue, Vernon Hills, IL 60061 | 800.808.4239 Page 91 Item 11. Item Quantity Unit Cost Account FUND Total P2319H Monitor 2 259.83$ 100-10-03 GENERAL 519.66$ Soundbar 1 55.38$ 100-10-03 GENERAL 55.38$ 3Y Pro Support Warranty 1 204.32$ 100-10-04 GENERAL 204.32$ Latitude 5520 Laptop 1 1,291.08$ 100-10-04 GENERAL 1,291.08$ P2319H Monitor 2 259.83$ 100-10-04 GENERAL 519.66$ Soundbar 1 55.38$ 100-10-04 GENERAL 55.38$ WD19 Docking Station 1 203.31$ 100-10-04 GENERAL 203.31$ 3Y Pro Support Warranty 1 204.32$ 100-10-05 GENERAL 204.32$ Dell Precision 3240 1 1,515.36$ 100-10-05 GENERAL 1,515.36$ Latitude 5320 Laptop 1 1,302.76$ 100-10-05 GENERAL 1,302.76$ Optiplex 5090 Micro 1 793.03$ 100-10-05 GENERAL 793.03$ P2319H Monitor 2 259.83$ 100-10-05 GENERAL 519.66$ P2719H Monitor 2 324.00$ 100-10-05 GENERAL 648.00$ Soundbar 1 55.38$ 100-10-05 GENERAL 55.38$ WD19 Docking Station 1 203.31$ 100-10-05 GENERAL 203.31$ 3Y Pro Support Warranty 1 204.32$ 100-10-07 GENERAL 204.32$ Latitude 5520 Laptop 1 1,291.08$ 100-10-07 GENERAL 1,291.08$ P2319H Monitor 2 259.83$ 100-10-07 GENERAL 519.66$ Soundbar 1 55.38$ 100-10-07 GENERAL 55.38$ WD19 Docking Station 1 203.31$ 100-10-07 GENERAL 203.31$ 3Y Pro Support Warranty 1 204.32$ 100-20-01 GENERAL 204.32$ 3Y Pro Support Warranty 2 173.06$ 100-20-01 GENERAL 346.12$ Latitude 5420 Rugged 2 1,992.19$ 100-20-01 GENERAL 3,984.38$ Latitude 5520 Laptop 1 1,291.08$ 100-20-01 GENERAL 1,291.08$ Optiplex 5090 Micro 2 793.03$ 100-20-01 GENERAL 1,586.06$ P2319H Monitor 2 259.83$ 100-20-01 GENERAL 519.66$ Soundbar 1 55.38$ 100-20-01 GENERAL 55.38$ WD19 Docking Station 1 203.31$ 100-20-01 GENERAL 203.31$ Optiplex 5090 Micro 4 793.03$ 100-30-01 GENERAL 3,172.12$ 3Y Pro Support Warranty 1 204.32$ 100-40-01 GENERAL 204.32$ Latitude 5520 Laptop 1 1,291.08$ 100-40-01 GENERAL 1,291.08$ P2319H Monitor 4 259.83$ 100-40-01 GENERAL 1,039.32$ Soundbar 2 55.38$ 100-40-01 GENERAL 110.76$ WD19 Docking Station 1 203.31$ 100-40-01 GENERAL 203.31$ 3Y Pro Support Warranty 2 204.32$ 100-50-01 GENERAL 408.64$ Latitude 5520 Laptop 2 1,291.08$ 100-50-01 GENERAL 2,582.16$ P2319H Monitor 4 259.83$ 100-50-01 GENERAL 1,039.32$ Soundbar 2 55.38$ 100-50-01 GENERAL 110.76$ WD19 Docking Station 2 203.31$ 100-50-01 GENERAL 406.62$ 3Y Pro Support Warranty 1 204.32$ 100-60-01 GENERAL 204.32$ 3Y Pro Support Warranty 1 78.44$ 100-60-01 GENERAL 78.44$ Dell Active Pen 1 39.22$ 100-60-01 GENERAL 39.22$ Dell Travel Keyboard 1 156.53$ 100-60-01 GENERAL 156.53$ Latitude 5520 Laptop 1 1,291.08$ 100-60-01 GENERAL 1,291.08$ Latitude 7320 Detachable 1 1,597.43$ 100-60-01 GENERAL 1,597.43$ P2319H Monitor 4 259.83$ 100-60-01 GENERAL 1,039.32$ Page 92 Item 11. WD19 Docking Station 1 203.31$ 100-60-01 GENERAL 203.31$ WD19 Docking Station 1 203.31$ 100-60-01 GENERAL 203.31$ 3Y Pro Support Warranty 1 204.32$ 100-98-01 GENERAL 204.32$ 3Y Pro Support Warranty 3 78.44$ 100-98-01 GENERAL 235.32$ Dell Active Pen 3 39.22$ 100-98-01 GENERAL 117.66$ Dell Travel Keyboard 3 156.53$ 100-98-01 GENERAL 469.59$ Latitude 5520 Laptop 1 1,291.08$ 100-98-01 GENERAL 1,291.08$ Latitude 7320 Detachable 3 1,597.43$ 100-98-01 GENERAL 4,792.29$ P2319H Monitor 8 259.83$ 100-98-01 GENERAL 2,078.64$ Soundbar 4 55.38$ 100-98-01 GENERAL 221.52$ WD19 Docking Station 1 203.31$ 100-98-01 GENERAL 203.31$ WD19 Docking Station 3 203.31$ 100-98-01 GENERAL 609.93$ P2319H Monitor 2 259.83$ 200-10-08 WATER 519.66$ Soundbar 1 55.38$ 200-10-08 WATER 55.38$ 3Y Pro Support Warranty 2 204.32$ 200-50-02 WATER 408.64$ Latitude 5520 Laptop 2 1,291.08$ 200-50-02 WATER 2,582.16$ P2319H Monitor 4 259.83$ 200-50-02 WATER 1,039.32$ Soundbar 2 55.38$ 200-50-02 WATER 110.76$ WD19 Docking Station 2 203.31$ 200-50-02 WATER 406.62$ 3Y Pro Support Warranty 1 204.32$ 200-50-03 WATER 204.32$ Latitude 5520 Laptop 1 1,291.08$ 200-50-03 WATER 1,291.08$ P2319H Monitor 2 259.83$ 200-50-03 WATER 519.66$ Soundbar 1 55.38$ 200-50-03 WATER 55.38$ WD19 Docking Station 1 203.31$ 200-50-03 WATER 203.31$ 3Y Pro Support Warranty 1 204.32$ 410-10-02 VERF 204.32$ 3Y Pro Support Warranty 1 204.32$ 410-10-02 VERF 204.32$ Latitude 5320 Laptop 1 1,302.76$ 410-10-02 VERF 1,302.76$ Latitude 5520 Laptop 1 1,291.08$ 410-10-02 VERF 1,291.08$ WD19 Docking Station 1 203.31$ 410-10-02 VERF 203.31$ WD19 Docking Station 1 203.31$ 410-10-02 VERF 203.31$ 3Y Pro Support Warranty 2 204.32$ 410-10-03 VERF 408.64$ Latitude 5520 Laptop 2 1,291.08$ 410-10-03 VERF 2,582.16$ WD19 Docking Station 2 203.31$ 410-10-03 VERF 406.62$ 3Y Pro Support Warranty 2 78.44$ 410-10-04 VERF 156.88$ Dell Active Pen 2 39.22$ 410-10-04 VERF 78.44$ Dell Travel Keyboard 2 156.53$ 410-10-04 VERF 313.06$ Latitude 7320 Detachable 2 1,597.43$ 410-10-04 VERF 3,194.86$ WD19 Docking Station 2 203.31$ 410-10-04 VERF 406.62$ 3Y Pro Support Warranty 1 204.32$ 410-10-05 VERF 204.32$ Latitude 5520 Laptop 1 1,291.08$ 410-10-05 VERF 1,291.08$ WD19 Docking Station 1 203.31$ 410-10-05 VERF 203.31$ 3Y Pro Support Warranty 1 204.32$ 410-10-06 VERF 204.32$ Latitude 5520 Laptop 1 1,291.08$ 410-10-06 VERF 1,291.08$ WD19 Docking Station 1 203.31$ 410-10-06 VERF 203.31$ 3Y Pro Support Warranty 1 204.32$ 410-10-07 VERF 204.32$ Latitude 5520 Laptop 1 1,291.08$ 410-10-07 VERF 1,291.08$ WD19 Docking Station 1 203.31$ 410-10-07 VERF 203.31$ Page 93 Item 11. 3Y Pro Support Warranty 11 173.06$ 410-20-01 VERF 1,903.66$ 3Y Pro Support Warranty 1 78.44$ 410-20-01 VERF 78.44$ Dell Active Pen 1 39.22$ 410-20-01 VERF 39.22$ Dell Travel Keyboard 1 156.53$ 410-20-01 VERF 156.53$ Latitude 5420 Rugged 11 1,992.19$ 410-20-01 VERF 21,914.09$ Latitude 7320 Detachable 1 1,597.43$ 410-20-01 VERF 1,597.43$ WD19 Docking Station 1 203.31$ 410-20-01 VERF 203.31$ 3Y Pro Support Plus Warranty 1 271.75$ 410-30-01 VERF 271.75$ 3Y Pro Support Warranty 2 204.32$ 410-30-01 VERF 408.64$ 3Y Pro Support Warranty 11 173.06$ 410-30-01 VERF 1,903.66$ Latitude 5420 Rugged 11 1,992.19$ 410-30-01 VERF 21,914.09$ Latitude 5520 Laptop 2 1,291.08$ 410-30-01 VERF 2,582.16$ Latitude 7220 Rugged Tablet 1 2,397.31$ 410-30-01 VERF 2,397.31$ WD19 Docking Station 2 203.31$ 410-30-01 VERF 406.62$ 3Y Pro Support Warranty 9 204.32$ 410-40-01 VERF 1,838.88$ Latitude 5520 Laptop 9 1,291.08$ 410-40-01 VERF 11,619.72$ WD19 Docking Station 6 203.31$ 410-40-01 VERF 1,219.86$ 3Y Pro Support Warranty 1 204.32$ 410-40-03 VERF 204.32$ Latitude 5520 Laptop 1 1,291.08$ 410-40-03 VERF 1,291.08$ WD19 Docking Station 1 203.31$ 410-40-03 VERF 203.31$ 3Y Pro Support Warranty 1 204.32$ 410-60-01 VERF 204.32$ Latitude 5520 Laptop 1 1,291.08$ 410-60-01 VERF 1,291.08$ Optiplex 5090 Micro 1 793.03$ 410-60-01 VERF 793.03$ WD19 Docking Station 1 203.31$ 410-60-01 VERF 203.31$ 3Y Pro Support Warranty 1 204.32$ 410-60-05 VERF 204.32$ 3Y Pro Support Warranty 1 78.44$ 410-60-05 VERF 78.44$ Dell Active Pen 1 39.22$ 410-60-05 VERF 39.22$ Dell Travel Keyboard 1 156.53$ 410-60-05 VERF 156.53$ Latitude 5520 Laptop 1 1,291.08$ 410-60-05 VERF 1,291.08$ Latitude 7320 Detachable 1 1,597.43$ 410-60-05 VERF 1,597.43$ WD19 Docking Station 1 203.31$ 410-60-05 VERF 203.31$ WD19 Docking Station 1 203.31$ 410-60-05 VERF 203.31$ 3Y Pro Support Warranty 3 204.32$ 410-98-01 VERF 612.96$ 3Y Pro Support Warranty 2 78.44$ 410-98-01 VERF 156.88$ Dell Active Pen 2 39.22$ 410-98-01 VERF 78.44$ Dell Travel Keyboard 2 156.53$ 410-98-01 VERF 313.06$ Latitude 5520 Laptop 3 1,291.08$ 410-98-01 VERF 3,873.24$ Latitude 7320 Detachable 2 1,597.43$ 410-98-01 VERF 3,194.86$ WD19 Docking Station 3 203.31$ 410-98-01 VERF 609.93$ WD19 Docking Station 2 203.31$ 410-98-01 VERF 406.62$ 3Y Pro Support Plus Warranty 2 271.75$ 410-50-02 VERF 543.50$ 3Y Pro Support Warranty 7 204.32$ 410-50-02 VERF 1,430.24$ Latitude 5520 Laptop 7 1,291.08$ 410-50-02 VERF 9,037.56$ Latitude 7220 Rugged Tablet 2 2,397.31$ 410-50-02 VERF 4,794.62$ WD19 Docking Station 7 203.31$ 410-50-02 VERF 1,423.17$ 3Y Pro Support Warranty 2 204.32$ 410-10-08 VERF 408.64$ Latitude 5520 Laptop 2 1,291.08$ 410-10-08 VERF 2,582.16$ Page 94 Item 11. WD19 Docking Station 2 203.31$ 410-10-08 VERF 406.62$ 3Y Pro Support Warranty 1 204.32$ 410-50-03 VERF 204.32$ Latitude 5520 Laptop 1 1,291.08$ 410-50-03 VERF 1,291.08$ WD19 Docking Station 1 203.31$ 410-50-03 VERF 203.31$ Grand Total 177,599.17$ Page 95 Item 11. Page 1 of 2 To: Mayor and Town Council From: Leigh Johnson, Director of Information Technology Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 28, 2021 Agenda Item: Consider and act upon approving an Enterprise License Agreement for term license software between Environmental Systems Research Institute, Inc., a sole source provider, and the Town of Prosper, Texas; and authorizing the Town Manager to execute an agreement for the same. Description of Agenda Item: In 2020, the Town began the process of creating an in-house GIS Department to manage the Town’s spatial information and infrastructure. As part of this effort, current GIS staff have identified several limitations to our spatial information systems as part of the current a la carte licensing model preventing effective utilization of current resources. The Town’s GIS platform is an Environmental Systems Research Institute, Inc. product. The IT Division is proposing to transition to an enterprise licensing model with a three-year term for this technology to remedy current limitations. This will enable significant technological capabilities, enhance services to citizens, and provision sufficient licensing for staff at all levels. 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. Environmental Systems Research Institute, Inc. is the owner, manufacturer, and sole source provider of all U.S. domestic Enterprise Agreements. Budget Impact: The annual fee for this ELA is $38,500 and will be funded from Information Technology Account 100-5419-10-05, from budgeted and currently available funds. Subsequent annual expenditures will be subject to budget appropriations granted in future fiscal years. Legal Obligations and Review: Terrence W elch of Brown & Hofmeister, L.L.P., has approved the Agreement as to form and legality. Prosper is a place where everyone matters. INFORMATION TECHNOLOGY Page 96 Item 12. Page 2 of 2 Attached Documents: 1. Sole Source Letter 2. Quotation and Small Enterprise Agreement Town Staff Recommendation: Staff recommends approving an Enterprise License Agreement for term license software between Environmental Systems Research Institute, Inc., a sole source provider, and the Town of Prosper, Texas; and authorizing the Town Manager to execute an agreement for the same. Proposed Motion: I move to approve the Enterprise License Agreement for term license software between Environmental Systems Research Institute, Inc., a sole source provider, and the Town of Prosper, Texas; and authorizing the Town Manager to execute an agreement for the same. Page 97 Item 12. SOLE SOURCE LETTER Environmental Systems Research Institute, Inc. (Esri) 380 New York Street Redlands, CA 92373 J-8933-ELA/JR January 12, 2021 Esri 380 New York St., Redlands, CA 92373-8100, USA • TEL 909-793-2853 DATE: January 12, 2021 TO: Whom It May Concern FROM: Jackie Ricks, Esri Contracts and Legal Services RE: Sole Source Justification for Enterprise Agreement (EA) This letter confirms Esri, as owner and manufacturer, is the sole source provider of all U.S. domestic Enterprise Agreements. While some products are available through value-added resellers on a unit priced basis, Esri is the only source that can grant a right to copy and deploy products in an Enterprise Agreement. An EA is a bundled package for licensing software, maintenance, and online services for redistribution within the organization. Esri products are provided with a special grant to copy and deploy specified quantities of capped items and unlimited quantities of items without a cap, during the term of the EA. If you have further questions, please feel free to call me at our Contracts and Legal Services Department at 909-793-2853, extension 1990. Attachment 1 Page 98 Item 12. 380 New York Street 909.793.2853 esri.com Redlands, California 92373-8100 USA info@esri.com August 16, 2021 Jordan Carmona Town of Prosper 250 W 1st St Prosper, TX 75078-2757 Dear Jordan, The Esri Small Municipal and County Government Enterprise Agreement (SGEA) is a three-year agreement that will grant your organization access to Esri term license software. The EA will be effective on the date executed and will require a firm, three-year commitment. Based on Esri's work with several organizations similar to yours, we know there is significant potential to apply Geographic Information System (GIS) technology in many operational and technical areas within your organization. For this reason, we believe that your organization will greatly benefit from an Enterprise Agreement (EA). An EA will provide your organization with numerous benefits including: A lower cost per unit for licensed software Substantially reduced administrative and procurement expenses Complete flexibility to deploy software products when and where needed The following business terms and conditions will apply: All current departments, employees, and in-house contractors of the organization will be eligible to use the software and services included in the EA. If your organization wishes to acquire and/or maintain any Esri software during the term of the agreement that is not included in the EA, it may do so separately at the Esri pricing that is generally available for your organization for software and maintenance. The organization will establish a single point of contact for orders and deliveries and will be responsible for redistribution to eligible users. The organization will establish a Tier 1 support center to field calls from internal users of Esri software. The organization may designate individuals as specified in the EA who may directly contact Esri for Tier 2 technical support. The organization will provide an annual report of installed Esri software to Esri. Esri software and updates that the organization is licensed to use will be automatically available for downloading. The fee and benefits offered in this EA proposal are contingent upon your acceptance of Esri’s Small Municipal and County Government EA terms and conditions. Attachment 2 Page 99 Item 12. Small Government Enterprise Agreement  Licenses are valid for the term of the EA. This program offer is valid for 90 days. To complete the agreement within this time frame, please contact me within the next seven days to work through any questions or concerns you may have. To expedite your acceptance of this EA offer: 1. Sign and return the EA contract with a Purchase Order or issue a Purchase Order that references this EA Quotation and includes the following statement on the face of the Purchase Order: "THIS PURCHASE ORDER IS GOVERNED BY THE TERMS AND CONDITIONS OF THE ESRI SMALL MUNICIPAL AND COUNTY GOVERNMENT EA, AND ADDITIONAL TERMS AND CONDITIONS IN THIS PURCHASE ORDER WILL NOT APPLY." Have it signed by an authorized representative of the organization. 2. On the first page of the EA, identify the central point of contact/agreement administrator. The agreement administrator is the party that will be the contact for management of the software, administration issues, and general operations. Information should include name, title (if applicable), address, phone number, and e-mail address. 3. In the purchase order, identify the "Ship to" and "Bill to" information for your organization. 4. Send the purchase order and agreement to the address, email or fax noted below: Esri Attn: Customer Service SG-EA 380 New York Street Redlands, CA 92373-8100 e-mail: service@esri.com fax documents to: 909-307-3083 I appreciate the opportunity to present you with this proposal, and I believe it will bring great benefits to your organization. Thank you very much for your consideration. Best Regards, Alex Munoz Attachment 2 Page 100 Item 12. Quotation # Q-450632 Date: August 16, 2021 Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: (909) 793-2853 Fax: (909) 307-3049 DUNS Number: 06-313-4175 CAGE Code: 0AMS3 Customer # 390089 Contract # Town of Prosper Information Technology 250 W 1st St Prosper, TX 75078-2757 To expedite your order, please attach a copy of ATTENTION:Jordan Carmona this quotation to your purchase order. PHONE:(972) 369-9525 Quote is valid from: 8/16/2021 To: 11/14/2021 EMAIL:jcarmona@prospertx.gov Material Qty Term Unit Price Total 168178 1 Year 1 $38,500.00 $38,500.00 Populations of 25,001 to 50,000 Small Government Term Enterprise License Agreement 168178 1 Year 2 $38,500.00 $38,500.00 Populations of 25,001 to 50,000 Small Government Term Enterprise License Agreement 168178 1 Year 3 $38,500.00 $38,500.00 Populations of 25,001 to 50,000 Small Government Term Enterprise License Agreement Subtotal:$115,500.00 Sales Tax:$0.00 Estimated Shipping and Handling (2 Day Delivery):$0.00 Contract Price Adjust:$0.00 Total:$115,500.00 Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. For questions contact: Alex Munoz Email: amunoz@esri.com Phone: (909) 793-2853 x1597 The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin. MUNOZA This offer is limited to the terms and conditions incorporated and attached herein. Attachment 2 Page 101 Item 12. Esri Use Only: Cust. Name Cust. # PO # Esri Agreement # Page 1 of 6 September 25, 2020 SMALL ENTERPRISE AGREEMENT COUNTY AND MUNICIPALITY GOVERNMENT (E214-2) This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental Systems Research Institute, Inc. ("Esri"). This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A. Table A List of Products Uncapped Quantities Desktop Software and Extensions (Single Use) ArcGIS Desktop Advanced ArcGIS Desktop Standard ArcGIS Desktop Basic ArcGIS Desktop Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager, ArcGIS Data Reviewer Enterprise Software and Extensions ArcGIS Enterprise and Workgroup (Advanced and Standard) ArcGIS Monitor ArcGIS Enterprise Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager Enterprise Additional Capability Servers ArcGIS Image Server Developer Tools ArcGIS Engine ArcGIS Engine Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Engine Geodatabase Update, ArcGIS Network Analyst, ArcGIS Schematics ArcGIS Runtime (Standard) ArcGIS Runtime Analysis Extension Limited Quantities One (1) Professional subscription to ArcGIS Developer Two (2) ArcGIS CityEngine Single Use Licenses 100 ArcGIS Online Viewers 100 ArcGIS Online Creators 17,500 ArcGIS Online Service Credits 100 ArcGIS Enterprise Creators 3 ArcGIS Insights in ArcGIS Enterprise 3 ArcGIS Insights in ArcGIS Online 10 ArcGIS Tracker for ArcGIS Enterprise 10 ArcGIS Tracker for ArcGIS Online 3 ArcGIS Parcel Fabric User Type Extensions (Enterprise) 3 ArcGIS Utility Network User Type Extensions (Enterprise) OTHER BENEFITS Number of Esri User Conference registrations provided annually 3 Number of Tier 1 Help Desk individuals authorized to call Esri 3 Maximum number of sets of backup media, if requested* 2 Five percent (5%) discount on all individual commercially available instructor-led training classes at Esri facilities purchased outside this Agreement *Additional sets of backup media may be purchased for a fee Attachment 2 Page 102 Item 12. Page 2 of 6 September 25, 2020 Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise agreed to by the parties ("Effective Date"). Term of Agreement: Three (3) years This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement. Accepted and Agreed: (Customer) By: Authorized Signature Printed Name: Title: Date: CUSTOMER CONTACT INFORMATION Contact: Telephone: Address: Fax: City, State, Postal Code: E-mail: Country: Quotation Number (if applicable): Attachment 2 Page 103 Item 12. Page 3 of 6 September 25, 2020 1.0—ADDITIONAL DEFINITIONS In addition to the definitions provided in the Master Agreement, the following definitions apply to this Agreement: "Case" means a failure of the Software or Online Services to operate according to the Documentation where such failure substantially impacts operational or functional performance. "Deploy", "Deployed" and "Deployment" mean to redistribute and install the Products and related Authorization Codes within Customer's organization(s). "Fee" means the fee set forth in the Quotation. "Maintenance" means Tier 2 Support, Product updates, and Product patches provided to Customer during the Term of Agreement. "Master Agreement" means the applicable master agreement for Esri Products incorporated by this reference that is (i) found at https://www.esri.com/en- us/legal/terms/full-master-agreement and available in the installation process requiring acceptance by electronic acknowledgment or (ii) a signed Esri master agreement or license agreement that supersedes such electronically acknowledged master agreement. "Product(s)" means the products identified in Table A—List of Products and any updates to the list Esri provides in writing. "Quotation" means the offer letter and quotation provided separately to Customer. "Technical Support" means the technical assistance for attempting resolution of a reported Case through error correction, patches, hot fixes, workarounds, replacement deliveries, or any other type of Product corrections or modifications. "Tier 1 Help Desk" means Customer's point of contact(s) to provide all Tier 1 Support within Customer's organization(s). "Tier 1 Support" means the Technical Support provided by the Tier 1 Help Desk. "Tier 2 Support" means the Esri Technical Support provided to the Tier 1 Help Desk when a Case cannot be resolved through Tier 1 Support. 2.0—ADDITIONAL GRANT OF LICENSE 2.1 Grant of License. Subject to the terms and conditions of this Agreement, Esri grants to Customer a personal, nonexclusive, nontransferable license solely to use, copy, and Deploy quantities of the Products listed in Table A—List of Products for the Term of Agreement (i) for the applicable Fee and (ii) in accordance with the Master Agreement. 2.2 Consultant Access. Esri grants Customer the right to permit Customer's consultants or contractors to use the Products exclusively for Customer's benefit. Customer will be solely responsible for compliance by consultants and contractors with this Agreement and will ensure that the consultant or contractor discontinues use of Products upon completion of work for Customer. Access to or use of Products by consultants or contractors not exclusively for Customer's benefit is prohibited. Customer may not permit its consultants or contractors to install Software or Data on consultant, contractor, or third-party computers or remove Software or Data from Customer locations, except for the purpose of hosting the Software or Data on Contractor servers for the benefit of Customer. 3.0—TERM, TERMINATION, AND EXPIRATION 3.1 Term. This Agreement and all licenses hereunder will commence on the Effective Date and continue for the duration identified in the Term of Agreement, unless this Agreement is terminated earlier as provided herein. Customer is only authorized to use Products during the Term of Agreement. For an Agreement with a limited term, Esri does not grant Customer an indefinite or a perpetual license to Products. 3.2 No Use upon Agreement Expiration or Termination. All Product licenses, all Maintenance, and Esri User Conference registrations terminate upon expiration or termination of this Agreement. 3.3 Termination for a Material Breach. Either party may terminate this Agreement for a material breach by the other party. The breaching party will have thirty (30) days from the date of written notice to cure any material breach. 3.4 Termination for Lack of Funds. For an Agreement with government or government- Attachment 2 Page 104 Item 12. Page 4 of 6 September 25, 2020 owned entities, either party may terminate this Agreement before any subsequent year if Customer is unable to secure funding through the legislative or governing body's approval process. 3.5 Follow-on Term. If the parties enter into another agreement substantially similar to this Agreement for an additional term, the effective date of the follow-on agreement will be the day after the expiration date of this Agreement. 4.0—PRODUCT UPDATES 4.1 Future Updates. Esri reserves the right to update the list of Products in Table A—List of Products by providing written notice to Customer. Customer may continue to use all Products that have been Deployed, but support and upgrades for deleted items may not be available. As new Products are incorporated into the standard program, they will be offered to Customer via written notice for incorporation into the Products schedule at no additional charge. Customer's use of new or updated Products requires Customer to adhere to applicable additional or revised terms and conditions in the Master Agreement. 4.2 Product Life Cycle. During the Term of Agreement, some Products may be retired or may no longer be available to Deploy in the identified quantities. Maintenance will be subject to the individual Product Life Cycle Support Status and Product Life Cycle Support Policy, which can be found at https://support.esri.com/en/other- resources/product-life-cycle. Updates for Products in the mature and retired phases may not be available. Customer may continue to use Products already Deployed, but Customer will not be able to Deploy retired Products. 5.0—MAINTENANCE The Fee includes standard maintenance benefits during the Term of Agreement as specified in the most current applicable Esri Maintenance and Support Program document (found at https://www.esri.com/en- us/legal/terms/maintenance). At Esri's sole discretion, Esri may make patches, hot fixes, or updates available for download. No Software other than the defined Products will receive Maintenance. Customer may acquire maintenance for other Software outside this Agreement. a. Tier 1 Support 1. Customer will provide Tier 1 Support through the Tier 1 Help Desk to all Customer's authorized users. 2. The Tier 1 Help Desk will be fully trained in the Products. 3. At a minimum, Tier 1 Support will include those activities that assist the user in resolving how-to and operational questions as well as questions on installation and troubleshooting procedures. 4. The Tier 1 Help Desk will be the initial point of contact for all questions and reporting of a Case. The Tier 1 Help Desk will obtain a full description of each reported Case and the system configuration from the user. This may include obtaining any customizations, code samples, or data involved in the Case. 5. If the Tier 1 Help Desk cannot resolve the Case, an authorized Tier 1 Help Desk individual may contact Tier 2 Support. The Tier 1 Help Desk will provide support in such a way as to minimize repeat calls and make solutions to problems available to Customer’s organization. 6. Tier 1 Help Desk individuals are the only individuals authorized to contact Tier 2 Support. Customer may change the Tier 1 Help Desk individuals by written notice to Esri. b. Tier 2 Support 1. Tier 2 Support will log the calls received from Tier 1 Help Desk. 2. Tier 2 Support will review all information collected by and received from the Tier 1 Help Desk including preliminary documented troubleshooting provided by the Tier 1 Help Desk when Tier 2 Support is required. 3. Tier 2 Support may request that Tier 1 Help Desk individuals provide verification of information, additional information, or answers to additional questions to Attachment 2 Page 105 Item 12. Page 5 of 6 September 25, 2020 supplement any preliminary information gathering or troubleshooting performed by Tier 1 Help Desk. 4. Tier 2 Support will attempt to resolve the Case submitted by Tier 1 Help Desk. 5. When the Case is resolved, Tier 2 Support will communicate the information to Tier 1 Help Desk, and Tier 1 Help Desk will disseminate the resolution to the user(s). 6.0—ENDORSEMENT AND PUBLICITY This Agreement will not be construed or interpreted as an exclusive dealings agreement or Customer's endorsement of Products. Either party may publicize the existence of this Agreement. 7.0—ADMINISTRATIVE REQUIREMENTS 7.1 OEM Licenses. Under Esri's OEM or Solution OEM programs, OEM partners are authorized to embed or bundle portions of Esri products and services with their application or service. OEM partners' business model, licensing terms and conditions, and pricing are independent of this Agreement. Customer will not seek any discount from the OEM partner or Esri based on the availability of Products under this Agreement. Customer will not decouple Esri products or services from the OEM partners' application or service. 7.2 Annual Report of Deployments. At each anniversary date and ninety (90) calendar days prior to the expiration of this Agreement, Customer will provide Esri with a written report detailing all Deployments. Upon request, Customer will provide records sufficient to verify the accuracy of the annual report. 8.0—ORDERING, ADMINISTRATIVE PROCEDURES, DELIVERY, AND DEPLOYMENT 8.1 Orders, Delivery, and Deployment a. Upon the Effective Date, Esri will invoice Customer and provide Authorization Codes to activate the nondestructive copy protection program that enables Customer to download, operate, or allow access to the Products. If this is a multi-year Agreement, Esri may invoice the Fee up to thirty (30) calendar days before the annual anniversary date for each year. b. Undisputed invoices will be due and payable within thirty (30) calendar days from the date of invoice. Esri reserves the right to suspend Customer's access to and use of Products if Customer fails to pay any undisputed amount owed on or before its due date. Esri may charge Customer interest at a monthly rate equal to the lesser of one percent (1.0%) per month or the maximum rate permitted by applicable law on any overdue fees plus all expenses of collection for any overdue balance that remains unpaid ten (10) days after Esri has notified Customer of the past-due balance. c. Esri's federal ID number is 95-2775-732. d. If requested, Esri will ship backup media to the ship-to address identified on the Ordering Document, FOB Destination, with shipping charges prepaid. Customer acknowledges that should sales or use taxes become due as a result of any shipments of tangible media, Esri has a right to invoice and Customer will pay any such sales or use tax associated with the receipt of tangible media. 8.2 Order Requirements. Esri does not require Customer to issue a purchase order. Customer may submit a purchase order in accordance with its own process requirements, provided that if Customer issues a purchase order, Customer will submit its initial purchase order on the Effective Date. If this is a multi-year Agreement, Customer will submit subsequent purchase orders to Esri at least thirty (30) calendar days before the annual anniversary date for each year. a. All orders pertaining to this Agreement will be processed through Customer's centralized point of contact. b. The following information will be included in each Ordering Document: (1) Customer name; Esri customer number, if known; and bill-to and ship-to addresses (2) Order number (3) Applicable annual payment due Attachment 2 Page 106 Item 12. Page 6 of 6 September 25, 2020 9.0—MERGERS, ACQUISITIONS, OR DIVESTITURES If Customer is a commercial entity, Customer will notify Esri in writing in the event of (i) a consolidation, merger, or reorganization of Customer with or into another corporation or entity; (ii) Customer's acquisition of another entity; or (iii) a transfer or sale of all or part of Customer's organization (subsections i, ii, and iii, collectively referred to as "Ownership Change"). There will be no decrease in Fee as a result of any Ownership Change. 9.1 If an Ownership Change increases the cumulative program count beyond the maximum level for this Agreement, Esri reserves the right to increase the Fee or terminate this Agreement and the parties will negotiate a new agreement. 9.2 If an Ownership Change results in transfer or sale of a portion of Customer's organization, that portion of Customer's organization will transfer the Products to Customer or uninstall, remove, and destroy all copies of the Products. 9.3 This Agreement may not be assigned to a successor entity as a result of an Ownership Change unless approved by Esri in writing in advance. If the assignment to the new entity is not approved, Customer will require any successor entity to uninstall, remove, and destroy the Products. This Agreement will terminate upon such Ownership Change. Attachment 2 Page 107 Item 12. Page 1 of 2 To: Mayor and Town Council From: Rebecca Zook, Executive Director of Development & Infrastructure Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – September 28, 2021 Agenda Item: Consider and act upon approving a Facility Management Services Agreement between TDIndustries, Inc., and the Town of Prosper Texas, through the National Cooperative Purchasing Alliance (NCPA); and authorizing the Town Manager to execute the same. Description of Agenda Item: In July 2018, the Town Council approved a Facility Management Services Agreement with TDIndustries, Inc. for facility management services at Town Hall through NCPA. This agreement was amended to add services at the new Police Station in 2020. The 2018 Master Interlocal Agreement between TDIndustries, Inc. and NCPA will expire later this year. NCPA has recently competitively bid facility services and entered a new Master Interlocal Agreement with TDIndustries, Inc. This allows local governments to purchase facility services through NCPA interlocal agreements. The agreement is for an initial one-year term with annual renewal options for four years. The Agreement allows for termination by the Town at any time, upon sixty days prior written notice. The Town is assigned a full-time staff member from TDIndustries, Inc. This staff member splits their time between Town Hall and the Police Station. The Town is also assigned a Project Manager that oversee the on-site staff. TDIndustries, Inc. is also responsible for oversight of the following Town facility services:  Cleaning and janitorial services  Pest Control  HVAC repairs and maintenance  Window washing  Water fountain maintenance and repairs  Generator and Fire Suppression inspection and maintenance  Roof Inspection and repair Services  Energy Management and Control System Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code, Chapter 791, to enter into joint contracts and agreements for the performance of governmental functions and services, including administrative functions normally associated with the operation of government (such as purchasing necessary materials and equipment). The Town of Prosper entered a Master Interlocal Agreement with NCPA, effective June 1, 2018, which allows our local government to purchase certain goods or services through NCPA. Prosper is a place where everyone matters. ENGINEERING SERVICES Page 108 Item 13. Page 2 of 2 Budget Impact: The estimated annual amount for all Facilities Management Services as outlined is $346,952.29 for FY 2021-2022 and will be funded from 100-5480-50-05 Facilities Management. We estimate fiscal year 2020-2021 expenditures under this contract of approximately $330,000. Subsequent annual expenditures will be subject to appropriations granted in future fiscal years. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Agreement as to form and legality. Attached Documents: 1. Facility Management Services Agreement Town Staff Recommendation: Town staff recommends approving a Facility Management Services Agreement between TDIndustries, Inc., and the Town of Prosper Texas, through the National Cooperative Purchasing Alliance (NCPA); and authorizing the Town Manager to execute the same. Proposed Motion: I move to approve a Facility Management Services Agreement between TDIndustries, Inc., and the Town of Prosper Texas, through the National Cooperative Purchasing Alliance (NCPA); and authorize the Town Manager to execute the same. Page 109 Item 13. 1 Town of Prosper Facility Management Services Agreement This agreement entered into the day and year first set forth below between Contractor, TDIndustries,Inc. (hereinafter referred to as “Contractor”) with its principal place of business at 13850 Diplomat Drive Dallas, Texas 75381 and The Town of Prosper, with its principal address at 250 W First Street, Prosper, Texas 75078 (hereinafter referred to as “Owner”). This agreement is referenced through the National Cooperative Purchasing Alliance (NCPA) with a Registered Quotation Number of 2021-5151059308 for Facility Services. In consideration of the mutual covenants hereinafter set forth and other good and valuable consideration, the parties hereto agree as follows: 1. This Agreement, which includes the General Terms and Conditions set forth herein, shall be effective as of the date first set forth below, and shall continue in force and effect until July 31, 2022. The Agreement shall automatically renew annually on August 1st for four additional one-year periods, subject to renewal of the NCPA Agreement thereafter unless either party notifies the other in writing via certified mail, at least sixty (60) days prior to the expiration date that said party does not wish to continue performance. 2. The following are attached hereto and made a part of this Contract: Attachment A, Scope of Services; Attachment B, Pricing; and any other written Attachments as may be mutually agreed upon in writing. The foregoing Attachments may be modified from time to time by a written Agreement executed by both parties. Agreed-upon changes, which increase or decrease the scope of services to be performed, will be subject the contract price to an equitable adjustment. Should any changes to relevant regulations, laws, or codes substantially affect Contractor's services or obligations. Owner agrees to negotiate with Contractor for appropriate changes to the scope or price of this Agreement or both Owner acknowledges and agrees that any purchase order issued by Owner, in accordance with this Agreement, is intended only to establish payment authority for Owner’s internal account purposes. No purchase order shall be considered to be a counteroffer, amendment, modification or other revision to the terms of this Agreement. No term or condition included in Owner’s purchase order will have any force or effect on the Terms and Conditions as described herein. 3. Contractor is an Independent Contractor and is not an employee of, partner of or in a joint venture with Owner. Contractor shall exercise general and overall control over its employees. Should Owner have a complaint regarding the performance of the services or the behavior of Contractor employees under this Agreement or request a change in the manner in which services are being performed, it shall transmit same to Contractor Area Operations Owner, whom shall take immediate action to resolve the problem. 4. All services to be performed hereunder by Contractor shall be in accordance with standard practices and procedure, as disclosed and provided in writing to Contractor, or as otherwise specifically required by Owner from time to time. Contractor may substitute its own standard practices and procedures upon written approval of Owner. Contractor agrees to take such safety precautions as are customary in the industry for the services to be performed. 5. Owner shall make available to Contractor such reasonable facilities, equipment, and supplies as required for Contractor to perform the services under this Agreement as set forth by Attachment hereto. The facilities and equipment provided by Owner hereunder shall remain the property of Owner. However, Contractor shall be responsible for maintaining the cleanliness of such facilities and equipment, unless otherwise instructed by Owner. 6. If a dispute arises, the parties shall promptly attempt in good faith to resolve the dispute by informal negotiation. All disputes not resolved by informal negotiation shall be subject to nonbinding mediation by the parties. In the event that a dispute is not resolved by such mediation, then either party may seek resolution in a state or federal court having jurisdiction over the matter. The prevailing party shall recover all costs, including attorney’s fees incurred as a result of any litigation. In the event of any conflict between the terms and conditions of this Agreement and any of its Attachments, the order precedence shall be; first this Agreement with its General Terms and Conditions, then Attachment C, then Attachment B, then Attachment A, then other Attachments to this Agreement, if any. Any notice that is required to be given under this agreement must be in writing and sent the party at the address above via certified mail. DocuSign Envelope ID: D3BB16E7-F04C-473E-877F-F7DE104FC8A1 Page 110 Item 13. 2 Town of Prosper Facility Management GENERAL TERMS AND CONDITIONS This agreement shall be governed by and construed in accordance with the laws of place of performance of the Agreement. Any provisions of this Agreement which may be prohibited or unenforceable in any jurisdiction shall be ineffective to the extent of such prohibition or unenforceability in such jurisdiction only, and without invalidating the remaining provisions hereof in any other jurisdiction. 1. (A) Contractor agrees to indemnify and hold harmless Owner, including its directors, officers, em ployees, and agents from and against claims, liabilities, obligations, and expenses and costs relating thereto, including reasonable attorney’s fees and other legal expenses which are based on, imposed by law upon Owner for bodily injury (including death at any time resulting therefrom) and property damage (excluding property owned by or leased to Owner)which is caused by or arises out of Contractor negligence or misconduct in the performance of this Agreement. (B) Contractor further indemnifies and holds harmless Owner, its directors, officers, employees, and agents from and against claims by Contractor’s employees to the extent that such claims are based on injuries arising from or relating to the work performed under this Agreement and are not caused in whole or in part by the action or reaction of Owner. (C) In no event shall either party have any liability to the other for punitive, incidental, special, or consequential damages. (D) Contractor shall not be liable for and shall not bear any risk of claim, liability, or obligation for damage to the property, it being agreed that Owner assumes such risks in their entirety; and Owner shall arrange for its underwriters to cover its property at the site(s) (i.e. property, All Risk, boiler and machinery coverage, and other insurance coverage’s) and to waive all rights of subrogation in favor of Contractor and its subcontractors. Contractor’s total liability under this clause for the initial term of this Agreement, and all renewals hereof, shall be limited to a total of $2,000,000. 2. (A) Contractor will obtain and continue in force, during the term of this Agreement, all insurance specified below. Each insurance policy shall not be canceled or changed without thirty (30) days prior written notice, given by the insurance carrier to Owner at the address set forth below. Before starting work hereunder, Contractor shall deposit with Owner certificates evidencing the insurance it is to provide hereunder: (i) Worker’s Compensation and occupational Disease Disability insurance as required by the laws of the jurisdiction where the work is being performed, or by self-insurance, (ii) Employer’s liability insurance in the amount of $1,000,000 for each accident, (iii) Comprehensive automobile liability insurance for vehicles furnished by Contractor with a combined single limit of $2,000,000 for each occurrence, (iv) Comprehensive general liability insurance with a combined single limit of $5,000,000 for each occurrence/$5,000,000 aggregate. (B) Contractor shall cause the aforesaid insurance policies to include: (i) Owner as an additional insured with respect to liability arising out of operations performed for Owner, by or on behalf of Contractor, but only to the extent of damages directly caused by the negligence of Contractor; (ii) a standard cross liability and severability clause; (iii) language that said insurance shall be primary with respect to liability arising out of operations performed for Owner, by or on behalf of Contractor, but only to the extent of damages directly caused by the negligence of Contractor; (iv) contractual liability coverage for liability assumed under the terms of this Agreement; (v) thirty (30) days prior written notice of cancellation or change in coverage. 3. Neither Contractor nor Owner will be responsible to the other for any punitive, special, indirect, or consequential damages. Neither party will be responsible to the other for damage, loss, injury, nor delay caused by conditions that are beyond the reasonable control, and without the intentional misconduct or negligence, of that party. Such conditions include but are not limited to: (a) acts of God; (b) acts of Government agencies; (c) strikes; (d) labor disputes; € fire; (f) explosions or other casualties; (g) thefts; (h) vandalism; (i) riots or war; or (j) unavailability of parts, materials, or supplies. If this agreement covers fire safety or security equipment, Owner understands that Contractor is not an insurer regarding those services. Contractor shall not be responsible for any damage or loss that may result from fire safety or security equipment that fails to perform properly or fails to prevent a casualty loss. 4. Owner acknowledges that employees assigned by Contractor to perform services pursuant to this Agreement represent a valuable resource for Contactor. Owner agrees that during the terms of this Agreement or any renewal thereof, it shall not offer to employee or accept for employment any such employees of Contractor DocuSign Envelope ID: D3BB16E7-F04C-473E-877F-F7DE104FC8A1 Page 111 Item 13. 3 without the prior written consent of Contractor. In the event his Agreement is terminated by Owner for any reason at any time, other than for default by Contractor pursuant to this Agreement, Owner agrees that is shall not offer to employ or accept for employment any such employees of Contractor for a period of one hundred twenty (120) days following termination of this Agreement. In the event that Owner hires any employees of Contractor in contravention of the provisions of this Agreement, Owner agrees to pay Contractor a sum equal to one year’s salary of the employee calculated at the rate paid by Contractor to the respective employee on the date of his/her termination of employment with Contractor. 5. Upon the occurrence of any default or breach of this Agreement by either party, and as long as the same shall be continuing the injured party may, at its option, upon notice to the other in writing, declare this Agreement to be in default, and any time thereafter, so long as the other party shall not have remedied or caused the remed y of all outstanding defaults and/or breaches the injured party may elect in accordance with law and any other Agreement between the parties to: (A) Proceed by appropriate court action at law or in equity to enforce performance by the defaulting party of its obligations under this Agreement or to recover damages for breach thereof; or (B) By notice in writing to the defaulting party, cancel or terminate this Agreement. IN addition, the injured party shall be entitled to be reimbursed for reasonable attorney’s fees, costs, and expenses, and shall be required to mitigate damages to the extent feasible. 6. The agreement may be terminated by either of the parties hereto upon written notice delivered to the other party at least sixty (60) days prior to the effective date of termination. By such termination, neither party may nullify obligations or liabilities already incurred for performance or failure to perform prior to the date of termination. In the event of termination by Owner, Owner will reimburse Contractor for all reasonable costs of termination, including but not limited to, costs of compliance of responding to Owner’s instructions for implementing the termination (such as training follow-on contractors), reimbursement for unamortized costs of Contractor related to start-up expenses, tools, training and equipment that have been incurred in the performance of the work. 7. Contractor agrees to comply with any and all applicable federal, state or local regulatory requirements and to secure such licenses as may be required for its employees and to conduct business in the state, municipality, province or location. Contractor agrees to pay all applicable municipal, state, county or local sales, use, gross receipts or other related taxes arising out of, or relating to, the performance of this Agreement. Owner shall reimburse Contractor the amount of any such tax(es) paid. 8. This Agreement represents the entire understanding between the parties hereto, and any modifications or amendment hereof must be made in writing, executed by both parties hereto. 9. Neither party shall assign, sublet, sell, or transfer its interest in this Agreement without the written consent of the other. 10. Any notice required or permitted to be given pursuant to this Agreement shall be duly given if sent by fax, certified mail, or courier service and received, in the case of notice to Contractor at: Facilities Management Services business Unit Attention: Vice President at 13850 Diplomat Drive, Farmers Branch, Texas 75234. Prosper Attention: Town Manager at 250 W. First Street, P.O. Box 307, Prosper, Texas 75078. DocuSign Envelope ID: D3BB16E7-F04C-473E-877F-F7DE104FC8A1 Page 112 Item 13. 4 IN WITNESS WHEREOF, the parties hereto caused this agreement to be executed this _______ day of September 2021. Contractor Owner NAME ________________________________________ NAME Harlan Jefferson TITLE _________________________________________ TITLE Town Manager DATE __________________________________________ DATE DocuSign Envelope ID: D3BB16E7-F04C-473E-877F-F7DE104FC8A1 9/20/2021 20 Vice President Page 113 Item 13. 5 Attachment A Facility Management Scope of Services I. Scope of Services Overview TDIndustries, referred to hereafter as TD, shall provide facility management services to the Town of Prosper, referred to hereafter as Prosper. TD shall provide the required personnel to operate and maintain the Town Hall and Town facilities at the physical address of 250 W First Street, Prosper, Texas 75078. TD shall provide an adequate number of duly qualified management and technical staff at the site to assure that 100% of the operational requirements of the facility are being met. The definition of services required to maintain the facility a nd assure protection of the physical assets may vary over the course of this agreement. II. Term of Agreement A. The Term of this Agreement will become effective beginning September ____, 2021. The agreement shall automatically renew on August 1, 2022 and renew annually for an additional four years (subject to the renewal of the NCPA Agreement) and continue in full force and effect until either party exercises its right to terminate the agreement as provided in the Terms & Conditions of this agreement. III. Scope of Services Maintenance and Operations of Mechanical and Electrical Systems and Defined Support Services A. TD will provide the following services as requested by Prosper site representative:  Facility Management Technical Staffing  Financial Management  Quality Control  Subcontract Management  Project Management  Inventory and Asset Control/Management B. TD shall be responsible for operating all mechanical and electrical systems as currently in operation or added during the contract term. Prosper reserves the right to adjust as it sees fit the equipment and systems to be included under this agreement operating in Idle, Normal or Emergency modes. C. For the purposes of this agreement, “Normal” mode operation for equipment shall consist of items inc luding, but not limited to taking, voltage, temperature and pressure readings as may be necessary to ensure correct equipment operations, exercising equipment and reconfiguring equipment and systems to allow maintenance activities to be performed. TD shall maintain equipment and systems to design specifications and configurations that will ensure components/systems are operating at the highest possible efficiency level. D. “Emergency” mode shall consist of items including, but not limited to, problem recog nition, responding to equipment alarms, corrective actions, following procedure to stabilize equipment, returning equipment to Normal mode of operation as soon as problems are corrected, and ensuring equipment is operating correctly. E. During any “Emergency” mode operation TD shall immediately communicate to Prosper the status of equipment and keep Prosper updated on any change in operating status of the equipment until it is returned to Normal operating mode. Current Prosper emergency escalation procedures shall be utilized and maintained by our Account Manager. Current emergency contact lists for both Prosper and TD will be updated monthly, or as necessary by TD and posted, at a minimum, in the Facilities Maintenance shops, and in the Account Manager’s office. DocuSign Envelope ID: D3BB16E7-F04C-473E-877F-F7DE104FC8A1 Page 114 Item 13. 6 Attachment A Facility Management Scope of Services IV. Facility Staffing A. The following organization chart (figure 1) defines the base staffing to be provided for the facility operations. Prosper reserves the right to change the staffing requirement at any time during the agreement term. TD will make Prosper aware of any changes in site base personnel before making such changes. Figure 1 Proposed Staffing Dark Blue indicates full-time site-based TD staff B. The Account Manager shall be responsible for managing all services provided by TD per this agreement and shall meet, on a monthly basis, with Prosper site representative to review the status of services provided under this agreement. These issues may include trouble issues, financial review or work performed during the prior month. C. The Account Manager will be required to support the staff Monday through Friday, 8am to 5pm. The Account Manager will be required to work other times in support of TD’s onsite employees, provide supervision during critical maintenance activities and during unresolved emergency operating modes. The Account Manager and/or the Building Technician will be available on a 24/7 basis in the event of any emergency condition. D. TD will comply with applicable laws, regulations, and orders with respect to the Equal Employment Opportunity Act as set forth in this Agreement. TD, shall be responsible for appointing an Account Manager who will accomplish the following: 1. Supervise Facility Maintenance Service Staff 2. Resolve problems regarding facility maintenance service operations 3. Be available at all times to Prosper Town of Prosper Management Account Manager (1) Building Technician (1) Out tasked Service Providers DocuSign Envelope ID: D3BB16E7-F04C-473E-877F-F7DE104FC8A1 Page 115 Item 13. 7 Attachment A Facility Management Scope of Services 4. Meet with Prosper designated representative, a minimum of once a month, to review services provided and TD performance. 5. Provide all reports, logs, inspections and other documents as specified herein. 6. Supply necessary forms required by TD. Prosper may supply custom forms. Prosper retains the option to utilize TD forms for required reports, logs and inspections if so desired. During the Term of this Agreement, TD shall be responsible for furnishing and supervising personnel to perform its obligation as specified herein including, but not limited to the following; 1. Providing TD personnel who meet or exceed the requirements as specified herein and are conscientious, well- groomed and professional. 2. TD personnel shall provide coverage at all Prosper properties as specified herein. 3. TD shall at all times, maintain after hours “stand-by” personnel to respond to emergencies in any of the properties specified herein. 4. Being responsible for all personnel matters relating to facility maintenance services including: A. Hiring of personnel B. Terminating of any personnel, as may be required C. Paying all wages, benefits and insurance D. Expenses and operating costs E. Taxes (federal, state and local) Assure proper conduct of TD personnel through: 1. Adherence to TD Code of Conduct 2. Adherence to Prosper Code of Conduct 3. Effective TD supervision of TD employees Prosper reserves the right to have any site-based TD employee or TD managed subcontractors removed from the account at any time, solely at Prosper’s discretion. TD must maintain an active program of performing background checks and drug screens prior to recommending any personnel for duties at Prosper. Relief Operators: In the event of preplanned vacation, extended illness, jury duty or other employee absences, TD will first attempt to cover the absences by using existing employees. In the event that work schedule cannot be rearranged in this manner, TD may temporarily hire relief operators after giving notice to Prosper and receiving written approval for the added expense workers. It is agreed that the cost for Relief Operators will be covered by Prosper if the Relief Operator is during property earned vacation and sick time. Assist in providing Technicians for immediate deployment to provide short-term coverage for Prosper. Additional charges will apply if directed by Prosper for the following: A. Special Events B. Construction Activities C. Expansion in existing building D. Expansion in new building DocuSign Envelope ID: D3BB16E7-F04C-473E-877F-F7DE104FC8A1 Page 116 Item 13. 8 Attachment A Facility Management Scope of Services V. Facility Staff Qualifications A. The Account Manager shall have 10 years’ experience in the operation and maintenance of mechanical and electrical systems; demonstrated leadership abilities; extensive experience in using personal computers including CMMS, MS Office, and E-mail; good communication and organizational skills as required to interface effectively between TD and Prosper and an Associate’s degree in business or the equivalent. B. The Building Technician Level One shall have minimum two years’ experience in the operation and maintenance of mechanical and electrical equipment and building maintenance and operation; ability to perform duties with little or no input from immediate supervisor and have all the qualifications of the Building Technician Level One. VI. Maintenance of Mechanical Electrical System and Equipment A. TD, or an assigned subcontractor, shall be responsible for performing preventative maintenance tasks on all equipment as required to assure proper systems operation for all building systems to include mechanical, electrical, structural, plumbing, fire life safety and security equipment and systems. PM’s will be pe rformed based on industry standards and actual run times. Some equipment may be shut down for long periods but should be exercised to assure ongoing operational capabilities. TD shall perform all maintenance as set forth in this Agreement in a professional manner, adhering to manufacturers’ recommendations and standard industry practices. B. The following chart (Figure2) defines the specific services (in addition to other obligations under this contract) that will be performed directly by TD’s onsite staff, as well as maybe performed by subcontracted services that will be managed by TD. In some cases, both TD staff as well as subcontractors will deliver portions of the services. The specific service split will be defined by the current enforced contract and total service required. Management of the following subcontracts may include scheduling when the work is to be performed and oversight or supervision of the work to ensure that it is completed correctly. TD will be responsible for coordinating with the Prosper departments that may be affected by the work. C. The services listed in Figure 2, but not limited to Figure2, shall be awarded separately from this contract. However; TD may perform the daily coordination of these services. Facilities Maintenance Work by Third Parties in Conjunction with TD Because of efficiencies in cost, time, or expertise TD or Prosper may elect to use a subcontractor to perform various maintenance tasks. TD shall be required to maintain a clean environment in all work areas. Please see Page 9 for Figure 2, Services to be performed. DocuSign Envelope ID: D3BB16E7-F04C-473E-877F-F7DE104FC8A1 Page 117 Item 13. 9 Attachment A Facility Management Scope of Services Figure 2 Services to be performed Service Type On Site Addition TD Personnel Subcontractors Staffing and Management X Finance, Budget Management, Cost X Quality Control Programs X Vendor, Subcontractor and Consultant Management X Safety and Work Rules X Emergency Response System X Service Desk X Asset Control & Management X Trash Removal Services X HVAC Equipment Preventive Maintenance X Fire Pump/Sprinkler X Food Service Equipment Maintenance X Electrical Work X X Plumbing Maintenance X X Switch Gear X Building Fire Alarm System X Energy Management Consumption Tracking X Building and Operations X Energy Management System X Light Bulb Replacement X Housekeeping Services X Coffee/Vending Services X Pest Control Services X Flag Services X Fountain Maintenance X Other Services as Required or Requested X X X VII. Facility Maintenance Services A. TD shall be responsible for performing all non-preventive maintenance work orders which will include, but are not limited to plumbing, temperature adjustments, air balancing, lamps, ballast replacement, lock repairs and maintenance of architectural surfaces such as flooring, wall and window coverings, suspended ceilings and other general building maintenance as required by Prosper. TD shall perform these duties with the onsite staff to the extent of their capabilities and in coordination with other service providers. Should outside resources be required for proper performance in accordance with this Agreement, TD will obtain Prosper approval before utilizing such outside resources. B. TD shall provide other miscellaneous services such as, but not limited to, minor carpentry, painting and moving, to the extent that time permits. DocuSign Envelope ID: D3BB16E7-F04C-473E-877F-F7DE104FC8A1 Page 118 Item 13. 10 C. TD shall be required to perform minor renovation or modification work that TD is qualified to perform. This includes mechanical, electrical and HVAC work. This work must be performed utilizing existing staff when time permits. TD will provide Prosper with budget costs for additional labor and material as required. D. TD shall be responsible for implementation of the inclement weather program and will use all diligence to assure entrances to the facility are clear of ice through the use of approved ice melt. TD will also administer Prosper existing Freeze Protection Program. E. TD shall be required to schedule and maintain equipment inspections by certified inspectors for the building equipment such as, but not limited to, elevators, boilers and generators. F. TD will perform monthly roof inspections and coordinate annual inspections by a certified roof inspector. G. TD shall notify Prosper in writing at least seven (7) days prior to the Building Technician being absent from the site for vacation, off-site training, or any other purpose as needed. TD will provide Prosper with the name and pager number of the employee who will be taking on the responsibilities during the absence. VIII. Safety Requirements A. In addition; to all requirements in this Agreement, TD shall comply with all OSHA, MSDA Federal and State laws and regulations. TD shall be responsible for the safety program ensuring all TD employees are complying with safety regulations as well as posting all appropriate safety regulations in a conspicuous location for the contract mechanics and emergency personnel. TD shall manage hazardous waste removal in accordance with procedures developed by TD and approved by Prosper and ensure program is in compliance with State and Federal regulations. B. Any unsafe conditions including, without limitation, the spilling or o ther release of any hazardous substances or materials, shall be verbally reported to Prosper immediately, with a written report to follow within two (2) hours. C. TD will take all reasonable measures to ensure that the facilities are operated, managed, and maintained in a safe manner, including providing employees and subcontractors with a safe work environment, safety equipment and training. IX. Tools, Equipment and Uniforms: A. An inventory of tools and equipment owned by Prosper will be conducted at the beginning of the contract term and annually thereafter until the expiration of the contract. A list will be compiled and verified within sixty (60) days of the start of this agreement. An exit inventory shall be performed at the termination of the contract and TD shall be responsible for replacement of any missing tools and equipment at no cost to Town of Prosper. B. All Prosper owned tools and equipment would remain onsite at all times. Personal use or use for reasons other than performance of services hereunder of Prosper tools and equipment is prohibited. C. Any new tools and equipment purchased by Prosper shall be added to the inventory list and become the responsibility of TD to maintain. D. Equipment needed for routine maintenance, other than hand tools, will be provided by Prosper. Prosper must authorize any additional tools or equipment needed to accomplish work prior to purchasing said tools or equipment. DocuSign Envelope ID: D3BB16E7-F04C-473E-877F-F7DE104FC8A1 Page 119 Item 13. 11 Attachment A Facility Management Scope of Services E. TD within the first thirty (30) days of the agreement will inventory all supplies, material and critical spare parts onsite and again prior to exiting the site at the end of this agreement. TD will review the list of existing critical spares and secure any additional supplies deemed critical to the operation of the facility. F. Prosper reserves the right to install, modify or delete any equipment or systems during the life of the contract. Prosper may use the contractor of its choice for such work if equipment is deleted or added and a reduction in the labor force results. This decision will be by Prosper. G. TD staff shall wear a uniform that is acceptable to Prosper. The uniform will show identification of TD. The staff shall also wear a nametag at all times while on duty. X. Office and Storage Space for TD A. Prosper shall provide TD with appropriate office and storage space in the building to operate the maintenance organization and maintain the parts inventory. B. Prosper shall provide TD with telephones and long distance call lines at no cost to TD. All long distance calls not associated with the scope of work shall be at TD’s cost. Any use of phone for personal calls or calls not related to services hereunder is prohibited. XI. Future Scope Modifications A. Prosper may elect to change the scope of this Agreement anytime based on changes in miss ion of facility use or schedules. However; TD will be allowed ample time and opportunity to adjust their onsite work force to accommodate the required changes. If required to make adjustments TD will adjust the scope of the operations staffing, subcontracts or other facility management and operations as may be required to meet Prosper needs. In all cases, TD will be compensated under the terms of this agreement for normal and customary operational expenses under the terms of this agreement. XII. Purchasing Requirements A. Prosper is not obligated to purchase any parts, tools, equipment, consumables, additional services or construction services from TD. B. TD will order all supplies and materials required in the delivery of the contract at a 1 5% fee, to be billed monthly. Prosper may, at its own discretion, add new or transfer existing purchasing agreements to the scope of this agreement. Prosper may at its discretion, also choose to provide any or all supplies and materials directly, without TD markup or fees. All purchases of spare parts will be through OEM suppliers/distributors or through Prosper approved alternates. C. TD shall be responsible for securing any required rental equipment needed for the delivery of scope of services within the contract. Prosper will be billed at TD’s cost plus 15% fee. DocuSign Envelope ID: D3BB16E7-F04C-473E-877F-F7DE104FC8A1 Page 120 Item 13. 12 Attachment A Facility Management Scope of Services D. All TD requests for compensation of materials and/or services purchased or secured through the agreement will have back-up invoices from the original supplier and a breakout of all charges included in the normal billing detail before Prosper will approve payment. E. TD shall be authorized to place purchase orders for materials and supplies for support of Facilities Maintenance for Prosper up to the amount of Twenty-Five Hundred Dollars ($2,500) per purchase order, up to a total in any month of Three Thousand Dollars without prior written permission of Prosper. TD shall obtain Prosper prior approval for purchases over these amounts. With each purchase made, TD shall submit to Prosper the following documentation: purchase order, copy of vendor invoice, receipt ticket or other information received with the purchase. Additionally, TD shall provide monthly variance and activity reports regarding purchase orders from the preceding month to Prosper. XIII. Maintenance of Quality Management Program A. TD shall be required to implement a site-specific quality management program (“Quality Management Program”) for the facility maintenance and shipping and receiving services within Sixty (60) days form the effective date of this agreement. The Quality Management Program will measure and improve services including, but not limited to the following areas:  Customer Satisfaction  Critical Systems up time  Preventative maintenance work order completion rates/delinquency  Open work order backlog  Condition and appearance of facilities  Budget Compliance  Maintenance cost per square foot  Material Cost B. TD will submit a monthly report to Prosper highlighting key issues and documenting progress toward implementing our Quality Management Program. This report will provide performance metrics in the key areas of the Quality Management Program. TD will use this data to audit and improve performance, compile summary reports, identify trends, and actively support the project staff in resolving emerging issues and concerns. XIV. Pricing/Billing A. TD will provide Prosper with a monthly detailed invoice for all labor, materials, subcontract services, rentals and any authorized work performed above the base contract. B. TD shall obtain Prosper approval for any overtime charges before such accrual. If addition or deletion of equipment, software or systems result in reduction in needed employees, then TD shall correspondingly reduce labor charges to Prosper. DocuSign Envelope ID: D3BB16E7-F04C-473E-877F-F7DE104FC8A1 Page 121 Item 13. 13 Attachment A Facility Management Scope of Services C. Labor required and approved by Prosper Site representative will be billed a total of TD actual payroll cost to include fringe benefits, taxes, workmen’s compensation and insurance etc., as set forth in the pricing section of this agreement. A summary invoice with backup detail and copies of timesheet summaries for each employee is required. The labor cost buildup percentages outlined in the pricing section, will be used in determining billable labor costs, subject to increases as required by State and Federal law. D. No payment made shall be considered as conclusive evidence of the satisfactory performance of contractual obligations under the agreement in whole or in part, nor shall payment be construed as relieving TD from its full responsibility under the Agreement. E. Should Prosper dispute any portion of TD’ monthly invoice, Prosper shall pay the undisputed portion of the invoice and advise TD in writing of the disputed portion. XV. Assignability Contract is assignable at Prosper option to Prosper nominee. TD shall not assign contract without Prosper prior written consent. DocuSign Envelope ID: D3BB16E7-F04C-473E-877F-F7DE104FC8A1 Page 122 Item 13. 14 Attachment B – NCPA Facility Services Pricing Personnel - Included Benefits Standard Benefits Core Safety Training - Included Training related to licensing - Included Uniforms – Included Communication Device – Included Hourly Rates (per NCPA Contract) Project Manager Hourly Bill Rate $ 119.93 Annual Hours – 117 hours $ 14,031.81 General Maintenance Technician – Full Time Hourly Bill Rate $ 44.94 Annual Hours – 2,080 hours $ 93,475.20 General Maintenance Technician – Part Time Hourly Bill Rate $41.50 Annual Hours – 100 hours $4,150 Additional Facility Services personnel may be added to project on an as needed basis. Hourly bill rates are based on NCPA Dallas labor classifications. Mark-up on Third Party Contracts (NCPA Pricing) 15% Computer Maintenance Management System (CMMS) One license @ $3,750 per license per year: $3,750 Transportation Hourly rate does not include transportation costs. Mileage expense is estimated to be approximately $354.25/month based on General Services Administration (GSA) mileage rate of $0.545/mile. Overtime pay applies at 1.5 times. NCPA pricing increases annually. Coverage for PTO time not included in above pricing. *Changes in the cost of healthcare due to the Affordable Healthcare Act (AHA) may effective the future cost of healthcare premiums. Any changes will be passed through at cost. DocuSign Envelope ID: D3BB16E7-F04C-473E-877F-F7DE104FC8A1 Page 123 Item 13. 15 Attachment C - Third-Party Service Providers Housekeeping Services: AHI Facility Services, Inc. Town Hall Pricing (w/o mark-up): Total: $52,598.78/year ($4,383.23/month) Police Station Total: $62,227.17/year ($5,185.60/month) Mark-up (15%): $17,223.89/year ($1,435.32/month) Total: $132,049.84/year ($11,004.15/month) Pest Control Services: Green Pest Guys Pricing (w/o mark-up): Town Hall $3,576 ($298 x 12 months) Police Station $2,286 ($190.50 x 12 months) $511.50 (11 bait boxes at $46.50 each) Town Hall $621.50 (11 bait boxes at $56.50 each) Police Station With bait boxes $6,995.00/year Mark-up (15%): $1,049.25 Total: $8,044.25 Coffee Services: Community Coffee Town Hall $9,000 year (750 x 12 months) Police Station $4500 year (375 x 12 months) Pricing: $13,500/year Mark-up (15%): $2025.00/year Total: $15,525/year (1,218.75/month) Water Feature Maintenance: Prestige Pool & Patio TDIndustries will manage service provider that will regularly maintain, and clean Prosper Town Hall’s water feature as needed on an ongoing basis. Pricing: $3,708/year Mark-up (15%): $556/year Estimated Total: $4,264/year DocuSign Envelope ID: D3BB16E7-F04C-473E-877F-F7DE104FC8A1 Page 124 Item 13. 16 Attachment C - Third-Party Service Providers Floor Cleaning & Polishing: GBS Group TDIndustries will manage service provider that will execute deep cleaning and polishing of Prosper T own Hall marble floors on a semi-annual basis. Additionally, the provider will clean and condition the library wood stairs annually. Service provider will also clean and seal tile bathroom floors at the town hall on an annual basis. Town Hall: $10,695/year Service provider will clean and seal tile bathroom floors at the Police Station on an annual basis, will deep clean gym floor on a quarterly basis and will clean the LVT floor semi-annually. Police Station: $14,903/year Mark-up (15%): $3,839.70/year Total: $29,437.70/year HVAC Planned Maintenance: TDIndustries – Service TDIndustries will manage TDIndustries HVAC Service department to provide semi-annual planned maintenance inspections for Prosper Town Hall’s HVAC systems. Town Hall: $6,536.95/year ($3,268.48 semi-annually) Police Station: $4,553.00/year ($2,276.50/year Mark-up (15%): $1,663.49/year Total: $12,753.44/year Interior/Exterior Window Washing: City Wide Building Services TDIndustries will manage service provider that will execute semi-annual window washing for all interior and exterior windows for Prosper’s Town Hall. Pricing: $8,205/year Mark-up (15%): $1,230.75/year Total: $9,435.75/year DocuSign Envelope ID: D3BB16E7-F04C-473E-877F-F7DE104FC8A1 Page 125 Item 13. 17 Attachment C - Third-Party Service Providers Generator Planned Maintenance: Clifford Power TDIndustries will manage service provider that will execute semi-annual planned maintenance inspections for Prosper Town Hall and Police Station Generators. Town Hall: $1,514/year ($757.00/semi-annually) Police Station: $2,587/year ($646.75/quarter) Mark-up (15%): $615.15/year Total: $4,716.15/year Fire Suppression System Maintenance: Firetrol Protection Systems TDIndustries will manage service provider that will execute the annual inspection of all the fire and life safety systems at Prosper Town Hall. Town Hall: $3,195/year Police Station: $1,395/year Mark-up (15%): $688.50/year Total: $5,278.50/year Annual Roof Inspection: Supreme Roofing TDIndustries will manage service provider that will execute the annual roof inspection at Prosper’s Town Hall which will include a digital report that documents all findings and deficiencies at each roof section. Pricing: $500/year Mark-up (15%): $75/year Total: $575/year Energy Management System TDIndustries will manage service provider that will provide test and inspections, technical support and software services for the Energy Management and Control System. This will be on a semiannual basis for Town and Police Station. Pricing: $8,231/year Mark-up (15%): $1,234.65/year Total: $9,465.65/year Service Agreement Budget $346,952.29 DocuSign Envelope ID: D3BB16E7-F04C-473E-877F-F7DE104FC8A1 Page 126 Item 13. Page 1 of 2 To: Mayor and Town Council From: Mary Branch, RS, Health & Code Compliance Supervisor Through: Harlan Jefferson, Town Manager Rebecca Zook, Executive Director of Development and Infrastructure Services Khara C. Dodds, AICP, Director of Development Services Re: Town Council Meeting – September 28, 2021 Agenda Item: Consider and act upon approving Amendment Fifteen to the Interlocal Agreements between Collin County and the Town of Prosper for Animal Sheltering Services and Animal Control Services; and authorizing the Town Manager to execute the same. Description of Agenda Item: Collin County, the Town of Prosper, and several other municipalities (collectively referred to as "Parties") identified a need for an animal shelter in Collin County, for their mutual benefit. In 2006, the Parties entered into an Interlocal Agreement for the Facility Construction and Use of an Animal Shelter in Collin County. The shelter was constructed, and the Parties pay an annual fee to Collin County for the maintenance, operations, and use of the shelter. The Animal Sheltering Services provided by the County include, but are not limited to, receiving stray anim als, caring for impounded animals, and coordinating adoptions and returns, when possible. Additionally, the Town of Prosper and Collin County entered into an Interlocal Agreement in 2006, authorizing Collin County to provide Animal Control Services for the Town of Prosper. The Animal Control Services provided by the County include, but are not limited to, vaccination of animals, reporting of human exposure to rabies, quarantining and testing of biting animals, reduction of the stray animal population, restraint of dangerous animals, prohibition of dogs running at large and of inhumane treatment of animals, and other related services; and to prescribe penalties for violation of such provisions in accordance with Chapters 822, 825, and 826 of the Texas Health & Safety Code, and Chapter 142 of the Agriculture Code. The initial term of the Agreements was one year, with automatic one-year renewal terms. These Amendments to the Agreements represent the fifteenth renewal term for the period of October 1, 2021, to September 30, 2022, and the associated fees for services. Prosper is a place where everyone matters. DEVELOPMENT SERVICES Page 127 Item 14. Page 2 of 2 Local governments are authorized by the Interagency Cooperation Act, V.T.C.A. Government Code, Title 7, Chapter 771, to agree or contract with another agency for the provision of necessary and authorized services and resources. The Town of Prosper and several other municipalities contract with Collin County for these services. Budget Impact: The fee for Animal Sheltering Services for FY 2021-2022 is $29,069. This is a $459 increase from last fiscal year. The fee for Animal Control Services for FY 2021-2022 is $62,548. This is a $3,521 increase from last fiscal year. The fees will be funded by Code Compliance Contracted Services (100-5480-40-02). Legal Obligations and Review: Amendments are a standard format that was previously reviewed by Terrence Welch, of Brown & Hofmeister, L.L.P., as to form and legality. Attached Documents: 1. Amendment 15 for Animal Sheltering Services 2. FY 2022 Animal Shelter Billing Worksheet 3. Amendment 15 for Animal Control Services 4. FY 2022 Animal Control Billing Worksheet Town Staff Recommendation: Town staff recommends approving Amendment Fifteen to the Interlocal Agreements between Collin County and the Town of Prosper for Animal Sheltering Services and Animal Control Services; and authorizing the Town Manager to execute the same. Proposed Motion: I move to approve Amendment Fifteen to the Interlocal Agreements between Collin County and the Town of Prosper for Animal Sheltering Services and Animal Control Services; and authorize the Town Manager to execute the same. Page 128 Item 14. Office of the Purchasing Agent Collin County Administration Building Contract Amendment Fifteen (15)2300 Bloomdale Rd, Ste 3160 McKinney, TX 75071 972-548-4165 Vendor:Town of Prosper Effective Date 10/1/2021 P.O. Box 307 Contract No.10100-09 Prosper, TX 75078 Contract Interlocal Agreement for Facility Construction and Use of an Animal Shelter in Collin County Awarded by Court Order No.: Amendment 14 Amendment 15 YOU ARE DIRECTED TO MAKE THE FOLLOWING AMENDMENT TO THIS CONTRACT ITEM #1:Extend agreement for the period of October 1, 2021 through September 30, 2022, with the option for either party to terminate the contract with ninety (90) days written notice. ITEM #2:Total amount for fiscal year 2022:$29,069.00 Except as provided herein, all terms and conditions of the contract remain in full force and effect and may only be modified in writing signed by both parties. ACCEPTED BY:ACCEPTED AND AUTHORIZED BY AUTHORITY OF COLLIN COUNTY (Print Name)COMMISSIONERS’ COURT Town of Prosper P.O. Box 307 Collin County Administration Building Prosper, TX 75078 2300 Bloomdale Rd, Ste 3160 McKinney, Texas 75071 SIGNATURE Michelle Charnoski, NIGP-CPP, CPPB TITLE:Purchasing Agent DATE: DATE: 2006-891-09-26 Court Order No.:2021-249-03-22 Court Order No.: Attachment 1 Page 129 Item 14. % of Charges FY22 Budgeted M&O and Per. FY22 Capital Contribution** FY22 Total Cost before Adjust. Less FY20 Fees Collected Less Adjustments for FY20 Budget vs. Actual FY22 Total Billed Anna 2.47%28,881$ 1,481$ 30,362$ 1,618$ 3,095$ 25,649$ Celina 1.56%18,204$ 933$ 19,137$ 1,020$ 1,951$ 16,167$ Fairview 2.72%31,857$ 1,634$ 33,490$ 1,784$ 3,414$ 28,292$ Farmersville 1.00%11,728$ 601$ 12,329$ 657$ 1,257$ 10,415$ Frisco 32.03%374,756$ 19,216$ 393,973$ 20,992$ 40,161$ 332,820$ McKinney 37.97%444,246$ 22,779$ 467,026$ 24,884$ 47,608$ 394,534$ Melissa 1.38%16,103$ 826$ 16,929$ 902$ 1,726$ 14,301$ Princeton 1.91%22,405$ 1,149$ 23,554$ 1,255$ 2,401$ 19,898$ Prosper 2.80%32,732$ 1,678$ 34,410$ 1,833$ 3,508$ 29,069$ Collin County 16.17%189,216$ 9,702$ 198,918$ 10,599$ 20,277$ 168,042$ TOTAL 100.00% 1,170,129$ 60,000$ 1,230,129$ 65,544$ 125,397$ 1,039,189$ Total Billed:1,194,249$ FY20 Billed:1,161,232$ Smaller Entities:24,120$ FY20 Actual:1,035,835$ TOTAL for Original:1,170,129$ Total +/- back 125,397$ % of Charges FY22 Budgeted M&O and Per. FY22 Capital Contribution** FY22 Total Cost before Adjust. Less FY20 Fees Collected Less Adjustments for FY20 Budget vs. Actual FY22 Total Billed Lavon 3,100$ 3,100$ Lucas 14,970$ 14,970$ Nevada 1,550$ 1,550$ Weston 2,500$ 2,500$ Van Alstyne 2,000$ 2,000$ TOTAL 24,120$ 24,120$ Grand Total:1,063,309$ FY 2022 Animal Shelter Billing Worksheet Larger Entities / Original Entities Smaller Entities / Added Later Grand Total is the total billed amount for the larger and smaller entities combined. Adjust for FY20 Budget vs. ActualFY22 Billing Breakout In FY 2020 only $5,836.94 was spent of the $60,000 Capital Contribution. The unused funds totaling $54,163.06 are reflected in the FY20 adjustments. Attachment 2 Page 130 Item 14. Office of the Purchasing Agent Collin County Administration Building Contract Amendment Fifteen (15)2300 Bloomdale Rd, Ste 3160 McKinney, TX 75071 972-548-4165 Vendor:Town of Prosper Effective Date 10/1/2021 P.O. Box 307 Contract No.10110-09 Prosper, TX 75078 Contract Interlocal Agreement for Animal Control Services Awarded by Court Order No.: Amendment 14 Amendment 15 YOU ARE DIRECTED TO MAKE THE FOLLOWING AMENDMENT TO THIS CONTRACT ITEM #1:Extend agreement for a one year period as provided in section 5.0 of the contract documents. Agreement shall be in effect from October 1, 2021, through September 30, 2022, at the rate below. ITEM #2:Total amount for fiscal year 2022: Except as provided herein, all terms and conditions of the contract remain in full force and effect and may only be modified in writing signed by both parties. ACCEPTED BY:ACCEPTED AND AUTHORIZED BY AUTHORITY OF COLLIN COUNTY (Print Name)COMMISSIONERS’ COURT Town of Prosper P.O. Box 307 Collin County Administration Building Prosper, TX 75078 2300 Bloomdale Rd, Ste 3160 McKinney, Texas 75071 SIGNATURE Michelle Charnoski, NIGP-CPP, CPPB TITLE:Purchasing Agent DATE: DATE: 2006-879-09-26 Court Order No.:2021-248-03-22 Court Order No.: $62,548.00 Attachment 3 Page 131 Item 14. % of Charges FY22 Budgeted M&O and Per. FY22 Capital Contribution** FY22 Total Cost before Adjust. Less Smaller Entities Less Adjustments for FY20 Budget vs. Actual FY22 Total Billed Anna 8.51%51,786$ 1,702$ 53,488$ 2,404$ (4,106)$ $55,189 Celina 5.36%32,641$ 1,073$ 33,714$ 1,515$ (2,588)$ $34,786 Fairview 9.39%57,121$ 1,877$ 58,999$ 2,652$ (4,529)$ $60,875 Melissa 4.74%28,875$ 949$ 29,824$ 1,341$ (2,289)$ $30,772 Princeton 6.60%40,173$ 1,320$ 41,494$ 1,865$ (3,185)$ $42,813 Prosper 9.64%58,691$ 1,929$ 60,620$ 2,725$ (4,653)$ $62,548 Collin County 55.75%339,276$ 11,150$ 350,426$ 15,752$ (26,899)$ $361,573 Totals 100.00%608,563$ 20,000$ 628,563$ 28,255$ (48,249)$ $648,558 Total Billed:608,563$ FY20 Billed 600,071$ Smaller Entities:28,255$ FY20 Actual 648,320$ Total +/- back 580,308$ Total +/- back (48,249)$ % of Charges FY22 Budgeted M&O and Per. FY22 Capital Contribution** FY22 Total Cost before Adjust. Less Smaller Entities Less Adjustments for FY20 Budget vs. Actual FY22 Total Billed Lavon $3,150 $3,150 Lucas $19,030 $19,030 Nevada $1,575 $1,575 Weston $2,500 $2,500 Van Alstyne $2,000 $2,000 $28,255 $28,255 Grand Total: 676,813$ Grand Total is the total billed amount for the larger and smaller entities combined. FY 2022 Animal Control Billing Worksheet Larger Entities / Original Entities **Yearly Capital Charge Covers Any/All Equipment Replacement Costs Total cost before adjustments is calculated by taking the adopted operating budget for the upcoming year and adding $20,000 for Capital Contribuitons. To get the total billed amount subtract the flat contract amounts for the smaller entities and entities added at a later time and subtract out the adjustments from the last closed fiscal year to true up the expeditures. See below the adjustment calculation. Smaller Entities / Added Later In FY 2020 all of the $20,000 Capital Contribution was spent for Capital so none of the funds are being returned in FY 2022. Adjust. for FY20 Budget vs. ActualFY22 Billing Breakout Attachment 4 Page 132 Item 14. Page 1 of 1 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 – September 28, 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 Alders Senior Living, Broadway Retail, Calloway’s Nursery, Encompass Health, and Victory at Frontier. Description of Agenda Item: Attached are the Preliminary Site Plans and Site Plans that were acted on by the Planning & Zoning Commission at their September 21, 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 Calloway’s Nursery 2. Preliminary Site Plan for Victory at Frontier 3. Site Plan for Alders Senior Living 4. Site Plan for Broadway Retail 5. Site Plan for Calloway’s Nursery 6. Site Plan for Encompass Health Town Staff Recommendation: Town staff recommends the Town Council take no action on this item. Prosper is a place where everyone matters. PLANNING Page 133 Item 15. S SFLFLFLFLFLFLFLFLFLFLFLFLFLFL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL F L FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL F LFLFLFLFL FL VV TT P ZZ Z Z S GG FLFLFLFLFLFLFLS S F L FL FL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL F L FL FL FL FL FL FL FL FL FL FLFL FLF L FL FL FL FL FL FL FL FL FL FL FL FLFLFLFLFLFL FLV11 6 10 15 15 4 2 3 XXXXXXXXXXXXXXX X X X X X X X X OUTDOOR RETAIL AREA 20,515 SQ FT R20' R20' R30' R30' R54' R54' R30' BLOCK A LOT 7 & 8 2.78 AC 121,121 SQ FT RETAIL GREENHOUSE 13,500 SQ FT BLOCK A LOT 9 2.40 AC 104,413 SQ FT BLOCK A LOT 10 4.49 AC 195,497 SQ FT EX 24' FIRE LANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT 24'24 30' EX FIRE LANE, DRAINAGE, ACCESS, AND UTILITY EASEMENT R30' EX FH FH IM FH FH FDC WM WEWE EX IM TO BE RELOCATED EX WE EX FH EX WE EX FH EX WE EX FH EX WE EX WE EX FH EX WE EX WE EX FH EX WE EX MH EX SSE EX MH MH EX SSE EXISTING WI TO BE REMOVED 140'115'DUMPSTER ENCLOSURE WITH 8' MASONRY SCREEN WALL (BRICK AND STONE) TO MATCH BUILDING AND 8' METAL GATE. DUAL ENCLOSURES 15'x23' (TYP.) EXISTING RETAINING WALL RETAIL 600 SQ FT FFE = 678' 670 668670 6 6 8 672 670680668 6726746766786826 7 0 68066 8 6726746766786826806806826806806806746746766786826 7 0 6 8 0 6 7 2 6 7 4 6 7 6 6 7 8 67 2 674 6 7 6 670672674676678S89°56'28"W 261.46' ∆=9°11'47" R=895.00' L=143.65' CB=N85°24'07"W C=143.50' N: 7132719.79 E: 2487995.62 N: 7132866.98 E: 2488266.58 N: 7132866.98 E: 2487934.58 N: 7132727.98 E: 2488350.58 N: 7132727.98 E: 2488308.58 N: 7132698.48 E: 2488244.66 N: 7132698.48 E: 2488038.87N0°00'00"E298.27'N90°00'00"E 404.50'S0°00'00"E309.50'LP (TYP.) EX CI EX CI EX CI EX CI EX CI EX CI EX CI CI CI EX CI EX CI EX CI EX CI EX JB EX CI EXISTING UTILITY EASEMENT EX TRANSFORMER EX PULL BOX EX TRANSFORMER EX JB EX CI EX CI 9' TYP. N: 7132585.47 E: 2488324.08 95'EX DE WE N: 7132596.71 E: 2487919.58 N: 7132894.97 E: 2488324.08 N: 7132894.97 E: 2487919.58 N: 7132713.23 E: 2488276.62 N: 7132704.65 E: 2488266.58 EX DEN: 7132722.98 E: 2487919.58 N: 7132596.98 E: 2488181.04 LOADING ZONE 10' 10'13' 2' OVERHANG (TYP.) 13' EX STREET EASEMENT15'150'90'25' LANDSCAPE EASEMENT & BUILDING SETBACK EX STREET EASEMENT EX WE117'EX FH EX MH EX MH 30' FIRE LANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT 24' FIRE LANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT EX JB RICHLAND BLVD - 90' R.O.W.20" TYP.EX STREET EASEMENT EX 6' SW 5' LANDSCAPE SETBACK 15' BUILDING SETBACK 5' LANDSCAPE SETBACK15' BUILDING SETBACK67067267467 6 67 6 680678672 EXISTING LOT LINE TO BE REMOVED IM WE5' LANDSCAPE SETBACKWROUGHT IRON FENCE WITH ACCESS GATES WROUGHT IRON FENCE WITH ACCESS GATES RETAINING WALL 25'7'21'10'R27'R30' R30' R30' RETAINING WALL 5' SW 6 7 8 678678WE 24'33'This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT260 EAST DAVIS STREET, SUITE 100, MCKINNEY, TX 75069PHONE: 469-301-2580 FAX: 972-239-3820WWW.KIMLEY-HORN.COM TX F-928RANRAN RAKLAST SAVED8/2/2021 11:11 AMPLOTTED BYNARDONE, RACHEL (BECKLER) 8/3/2021 4:38 PMDWG PATHK:\MKN_CIVIL\068109030-GATES OF PROSPER\_PHASE 1\_BUILDING R\CAD\PLANSHEETSDWG NAMEPSP.DWG , [ 24 x 36 ]IMAGES Town of Prosper Logo :XREFS xBrdr-Bldg R : xsite-bldg r : xSurv-Ph3 : xStrm-Bldg R : xUtil-Bldg R : xHtch-Bldg R068109030PAD SITE RPROSPER, TEXAS© 2021 KIMLEY-HORN AND ASSOCIATES, INC.JULY 2021Not for construction or permit purposes. FOR REVIEW ONLY Engineer P.E. No.Date132468 RACHEL A. KORUS 07/30/2021 PSP-1PRELIMINARY SITE PLAN00 30'60' GRAPHIC SCALE 30' TYP TYPICAL WATER EASEMENTWE SANITARY SEWER EASEMENTSSE NUMBER OF PARKING SPACESX FH ACCESSIBLE PARKING SYMBOL BARRIER FREE RAMP (BFR) EXISTING CONTOUR - MAJOR EXISTING CONTOUR - MINOR DRAINAGE EASEMENTDE BARRIER FREE RAMPBFR SIDEWALKSW CURB INLETCI LEGEND FIRE HYDRANT EXISTING PAVEMENT FDC FIRE DEPARTMENT CONNECTION EXISTINGEX PROPOSEDPROP. PROPOSED FIRE LANE PROPOSED BUILDING FL FL BUILDING LINE/SETBACKBL WM WYE INLETWI MANHOLEMH TRANSFORMER PAD GRATE INLETGI JUNCTION BOXJB T S SANITARY SEWER MANHOLE CURB INLET GRATE INLET HEADWALL JUNCTION BOX OR WYE INLET WATER METER (AND VAULT) PROPSED CONTOUR - MAJOR PROPOSED CONTOUR - MINOR OUTDOOR RETAIL AREA OPEN SPACE GOP #2 LLC 1 Cowboys Way Frisco, Texas 75034 Contact: Nicholas Link Phone: (972)-497-4854 Kimley-Horn and Associates, Inc. 260 East Davis Street, Suite 100 McKinney, Texas 75069 Contact: Joe Riccardi, P.E. Phone: (469)-301-2580 N.T.S. US HWY 380 (UNIVERSITY)BNSF RAILROADCOLEMAN STTOWN OF PROSPER RI C H L A N D LOVERS LNLOVERS LN CITY OF FRISCO STATE HWY 289 (PRESTON)VICINITY MAP SITE LOCATION ANY REVISION TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID CONFLICTS BETWEEN PLANS. 1.DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 2.OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 3.OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTRAINED WITHIN THE ZONING ORDINANCE. 4.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 5.ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 6.BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE DEPARTMENT. 7.OCCUPANT NOTIFICATION PER THIS SECTION AND 907.5 SHALL BE REQUIRED FOR ALL NEW CONSTRUCTION, OR EXISTING CONSTRUCTION COMPLYING WITH THE INTERNATIONAL BUILDING CODE, FOR RENOVATIONS TO EXISTING BUILDINGS, TENANT SPACES, CHANGES IN OCCUPANCY, REPLACEMENT OR MODIFICATION OF THE EXISTING FIRE ALARM SYSTEM, OR AS REQUIRED BY THE FIRE CODE OFFICIAL, FOR ALL BUILDINGS OR SPACES PROVIDED WITH AN APPROVED AUTOMATIC SPRINKLER SYSTEM. 8.FIRE LANES SHALL BE 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 503.1.1 12.THE FIRE LANE SHALL BE A MINIMUM OF 24 FEET WIDE. AMENDMENT 503.2.1 13.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 FIREFIGHTING OPERATIONS 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 30 FEET. APPENDIX D105 14.THE INSIDE TURNING RADIUS OF THE 24-FOOT FIRE LANE SHALL BE A MINIMUM OF 30 FEET. AMENDMENT 503.2.4 15.THE INSIDE TURNING RADIUS OF THE 26-FOOT FIRE LANE SHALL BE A MINIMUM OF 30 FEET. AMENDMENT 503.2.4 16.DEAD-END FIRE LANES ARE ONLY PERMITTED WITH APPROVED HAMMERHEADS. 17.FIRE HYDRANTS SHALL BE PROVIDED AT THE ENTRANCES AND INTERSECTIONS. AMENDMENT 507.5.1 18.AS PROPERTIES DEVELOP, FIRE HYDRANTS SHALL BE LOCATED AT ALL INTERSECTING STREETS AND THE MAXIMUM SPACING SHALL BE EVERY 300 FEET (300') FOR ALL DEVELOPMENTS, AND FACILITIES OTHER THAN R3. R-3 DEVELOPMENTS SHALL BE EVERY 500 FEET (500'). DISTANCES BETWEEN HYDRANTS SHALL BE MEASURED ALONG THE ROUTE THAT FIRE HOSE IS LAID BY A FIRE APPARATUS FROM HYDRANT-TO-HYDRANT, NOT AS THE "CROW FLIES." AMENDMENT 507.5.1 19.FIRE DEPARTMENT CONNECTION (FDC) FOR THE FIRE SPRINKLER SYSTEM SHALL BE LOCATED WITHIN 50 FEET OF A FIRE HYDRANT AND 50 FEET OF A FIRE LANE. 5” STORZ, 30-DEGREE DOWNWARD TURN WITH LOCKING CAP. AMENDMENT 507.5.1 20.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 507.5.1 21.THERE SHALL BE A MINIMUM OF TWO (2) FIRE HYDRANTS SERVING EACH PROPERTY WITHIN THE PRESCRIBED DISTANCES LISTED ABOVE. A MINIMUM OF ONE FIRE HYDRANT SHALL BE LOCATED ON EACH LOT. AMENDMENT 507.5.1 22.A MINIMUM 10-FOOT UNOBSTRUCTED WIDTH SHALL BE PROVIDED AROUND A BUILDING FOR ADEQUATE FIRE DEPARTMENT ACCESS. A CONTINUOUS ROW OF PARKING AND LANDSCAPING SHALL BE CONSIDERED A BARRIER. AMENDMENT 503.1.1 23.THE MAXIMUM DEAD- END CUL-DE-SAC LENGTH SHALL NOT EXCEED SIX HUNDRED FEET (600') AS MEASURED FROM THE CENTERLINE OF THE INTERSECTION STREET TO THE CENTER POINT OF THE RADIUS. AMENDMENT 503.1.5 24.ONE-AND TWO-FAMILY DWELLINGS AUTOMATIC FIRE SYSTEMS. AUTOMATIC FIRE PROTECTION SYSTEMS PER NFPA 13D OR NFPA 13R SHALL BE PROVIDED IN ALL ONE-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 R313.2 25.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 26.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 27.ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE PRELIMINARY 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 AND BARRIER-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 IN ACCORDANCE WITH THE ZONING ORDINANCE. 34.ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYP.E OF EASEMENT. 35.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 36.THE APPROVAL OF A PRELIMINARY SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF TWO (2) YEARS FROM THE DATE THAT THE PRELIMINARY SITE PLAN IS APPROVED BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED THE APPROVAL OF A SITE PLAN BY THE PLANNING & ZONING COMMISSION. IF A SITE PLAN IS NOT APPROVED WITHIN SUCH TWO (2) YEAR PERIOD, THE PRELIMINARY SITE PLAN APPROVAL IS NULL AND VOID. IF SITE PLAN APPROVAL IS ONLY FOR A PORTION OF THE PROPERTY, THE APPROVAL OF THE PRELIMINARY SITE PLAN FOR THE REMAINING PROPERTY SHALL BE NULL AND VOID. TOWN OF PROSPER SITE PLAN NOTES SITE DATA SUMMARY TABLE ZONING/PROPOSED USE PD-67 LOT AREA/ SQ. FT. AND AC BUILDING AREA (gross square footage)14,100 SQ FT BUILDING HEIGHT (number of stories) MAX HEIGHT = 30' LOT COVERAGE FLOOR AREA RATIO (for non-residential zoning) TOTAL PARKING PROVIDED 66 SPACES TOTAL HANDICAP REQUIRED 3 SPACES TOTAL HANDICAP PROVIDED 3 SPACES USABLE OPEN SPACE REQUIRED USABLE OPEN SPACE PROVIDED BLOCK A, LOTS 7 & 8 *HANDICAP PARKING IS PROVIDED IN ACCORDANCE WITH TAS STANDARDS TOTAL PARKING REQUIRED (1:250 FOR RETAIL, EXCLUDES OUTDOOR AREA) IMPERVIOUS SURFACE 57 SPACES INTERIOR LANDSCAPING REQUIRED INTERIOR LANDSCAPING PROVIDED RETAIL 121,121.76 SQ FT; 2.78 AC 30' MAX. 11.6% 0.12:1 1,050 SQ. FT. 73,546 SQ. FT. 9,329 SQ. FT. 1,050 SQ. FT. 9,329 SQ. FT. Page 134 Item 15. ONEWAYONEWAYONEWAYFHFHFHFRONTIER PARKWAY Frisco Tollway Partners LTD. 23.38 ACUndeveloped LandZONING - OFFICELFC Land Company II LLC.34.32 ACUndeveloped LandCity of CelinaKeeran Family Partnership LTD.32.56 ACUndeveloped LandCity of CelinaN PRESTON ROAD (STATE HIGHWAY 289)10' WATER EASEMENT(DOC.# 20080623000754670, O.P.R.C.C.T.)R30'80'265'59.91'104.15'80'138'60'120.42' 112.72'125'80'80'80'230'320'20'450'230'RETAIL21,200 SFFHFHFHFHFHFHFHFHFHFHFHFHFHFHFHFHFHFHFHFHFHFHFHFHFHFHFHFHFHFHFHFHFHHOME IMPROVEMENT103,500 SFRETAIL73,600 SFRETAIL/RESTAURANT19,000 SFRETAIL/RESTAURANT10,400 SFRETAIL6,000 SFSERVICESTATION6,820 SFBANK3,550 SFRETAIL/RESTAURANT17,950 SFBLOCK A, LOT 317.364 ACBLOCK A, LOT 61.228 ACBLOCK A, LOT 71.636 ACBLOCK A, LOT 21.377 ACBLOCK A, LOT 51.198 ACBLOCK A, LOT 42.947 ACBLOCK A, LOT 12.487 AC447.97'411.57'271.77'52'24'24'425'52'373.84'24'361.71'52'R30'R30'R30'R30'R30'R30'R30'R30'R3 0 'R30'R30'R30'R30'R30'R30'R30'R30'R30'R30'R30'R30'R30'R30'R30'R30'R30'R30'R30'R30'R30'R30'R30'R30'R30'R30'R30'R30'R 3 0 'R30'R30'R30'R30'R30'25' BUILDING SETBACK\LANDSCAPE ESMT5' LANDSCAPESETBACK15' LANDSCAPESETBACK5' LANDSCAPESETBACK5' LANDSCAPE SETBACK 30' BUILDINGSETBACK &LANDSCAPEESMT215.25' 245' 246.02'8' MASONRYDUMPSTERENCLOSURE8' MASONRYDUMPSTERENCLOSURE8' MASONRYDUMPSTERENCLOSURER30'8' MASONRYDUMPSTERENCLOSURE8' MASONRYDUMPSTERENCLOSURE24'24'24'24'24'24'24'24'24'24'24'24' 24'24'24'3 - 8' MASONRYDUMPSTERENCLOSURE3 - 8' MASONRYDUMPSTERENCLOSUREDET PONDFDCFDCFDCFDCFDCFDCFDCFDCFDCFHFHFHFHFHFHFHFHFHFHFHFHFHFHFHFHFHFHFHFHFHFHFHFHFHFHFH15' SANITARYSEWER ESMT15' WATERESMT16.57'24'12' 12' 9.98'5.03'FHFHEX FHEX FHEX FH10'10'10'10' HIKE &BIKE TRAIL10' HIKE &BIKE TRAIL10' HIKE &BIKE TRAIL10' HIKE &BIKE TRAIL15' SANITARYSEWER ESMTPARKING TOSERVE LOT 2100.13'220.45' R TURN LANE220.23' R TURN LANE5' LSSB5' LS SB5' LS SB 94'37.44'5' LSSB5' LS SB 5' L S SB 5' L S SB 8' MASONRYDUMPSTERENCLOSURE5' LSSB5' LSSB5' LSSB50'50'200.86' L TURN LANE200' L TURN LANE232.52' R TURN LANER30'R30'R30'R30'FHFHR30'R30'5' LSSBFHDATENo.REVISION BYDATE:SHEETFile No.06/01/2021CHECKED:ASDDRAWN:RDSDESIGN:ASDPROSPER FRONTIER PROSPER, TEXAS 1105 CHEEK SPARGER RD. SUITE #1 PHONE: 817.281.0572 COLLEYVILLE, TX 76034 WWW.CLAYMOOREENG.COM TEXAS REGISTRATION #141992018-135PRELIMINARYCLAYMOORE ENGINEERING0GRAPHIC SCALE1 inch = ft.80801608040N.T.S.VICINITY MAPN PRESTON RD FRONTIER PKWYSITEE PROSPER TRAILCOUNTYSURVEY:ABSTRACT NO.SPENCER RICE787CITY:STATE:TOWN OF PROSPERTEXASLEGAL DESCRIPTION:OWNER:APPLICANT:CLAYMOORE ENGINEERING, INC.1903 CENTRAL DRIVE, SUITE #406BEDFORD, TX 76021PH: 817.281.0572VICTORY AT FRONTIER, LLC8001 LBJ FREEWAY, STE 400DALLAS, TX 75251PH: 972.707.9555 CASE #: D21-0064PROSPER FRONTIERLOT 1-8, BLOCK ACONTACT NAME: KRIS RAMJICONTACT NAME: MATT MOORENO PORTION OF THIS TRACT LIES WITHIN A 100-YEAR FLOOD PLAIN, OR IN AFLOOD HAZARD AREA ACCORDING TO THE NATIONAL FLOOD INSURANCEPROGRAM, FLOOD INSURANCE RATE MAP NUMBER 48085C01230J, WITHEFFECTIVE DATE OF JUNE 2, 2009FLOODPLAIN NOTECOLLINLOT 1-7, BLOCK A, AN ADDITION TO THE TOWN OF PROSPER, COLLINCOUNTY, TEXAS AND BEING A PORTION OF THE SPENCER RICESURVEY, ABSTRACT NUMBER 147, COLLIN COUNTY TEXASSTANDARD NOTES:ANY REVISIONS TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TOAVOID CONFLICTS BETWEEN PLANS1.ALL DIMENSIONS ARE TO BE TAKEN FROM FACE OF CURB.2.DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE3.OPEN STORAGE, WHERE PERMITTED , SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE4.OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCEAND SUBDIVISION ORDINANCE.5.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN.6.ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE.7.BUILDINGS OF 5,000 SF OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MEASURES MAY BEAPPROVED BY THE FIRE DEPARTMENT.8.FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OF 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 LANE11.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT(ADA) AND WITH THE REQUIREMENTS OF THE CURRENT ADOPTED BUILDING CODE.12.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL.13.ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SIRE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL.14.ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL AND SHALL CONFORM TO THE APPROVEDFACADE PLAN.15.SIDEWALKS OF NOT LESS THAN SIX (6) FEET IN WIDTH ALONG THOROUGHFARES AND COLLECTORS AND FIVE (5) FEED WIDTHALONG RESIDENTIAL STREETS, AND BARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWNSTANDARDS.16.APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE ENGINEERINGDEPARTMENT.17.SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE.18.ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND.19.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE.20.ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF EASEMENT.21.IMPACT FEES WILL BE ACCESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATASUMMARY TABLE. HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAYRESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS.22.THE APPROVAL OF A PRELIMINARY SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF TWENTY-FOUR (24) MONTHS FROM THEDATE OF APPROVAL BY THE PLANNING AND ZONING COMMISSION. AT THE END OF WHICH TIME THE APPLICANT MUST HAVESUBMITTED AND RECEIVED APPROVAL OF ENGINEERING PLANS AND BUILDING PERMITS. IF THE ENGINEERING PLANS ANDBUILDING PERMITS ARE NOT APPROVED, THE SITE PLAN APPROVAL, TOGETHER WITH ANY PRELIMINARY SIRE PLAN FOR THEPROPERTY, IS NULL AND VOID.23.OFFICE SPACE USED FOR MEDICAL PURPOSES REQUIRES ADDITIONAL PARKINGPRELIMINARY SITE PLANPSP N COLEMAN STPage 135Item 15. Page 136Item 15. W. BROADWAY STREETVARIABLE WIDTH RIGHT-OF-WAYMcKINLEY STREET50' RIGHT-OF-WAY CROCKETT STREET (UNIMPROVED) 30' RIGHT-OF-WAY (VOL. 116, PG. 162 - D.R.C.C.T.)LOT 2BLOCK ASILO PARK ADDITIONVOLUME 2020, PAGE 67P.R.C.C.T.ZONE "AE"ZONE XNON-SHADEDAPPROXIMATE LOCATIONOF FLOOD LINE ASSCALED PER FEMA MAPLOT 1LOT 2BLOCK 1BRYANT'S ADDITIONVOLUME 116, PAGE 162D.R.C.C.T.LOT 23LOT 22LOT 21BLOCK 1BRYANT'S ADDITIONVOLUME 116, PAGE 162D.R.C.C.T.LOT 1LOT 2BLOCK 3BRYANT'S ADDITIONVOLUME 116, PAGE 162D.R.C.C.T.LOT 3LOT 1G, BLOCK 27RAILROAD ADDITIONVOLUME 2017, PAGE 568P.R.C.C.T.SARAH NELL MORRIS TEMPLINVOLUME 5132, PAGE 4351O.P.R.C.C.T.LOT 2, BLOCK APRECISION ADDITIONCABINET I, PAGE 132P.R.C.C.T.LOT 1, BLOCK APRECISION ADDITIONCABINET I, PAGE 132P.R.C.C.T.LOT 1RBLOCK ASILO PARK ADDITIONVOLUME 2020, PAGE 67P.R.C.C.T.TBM X-CUTELEV.=655.10TBM X-CUTELEV.=654.18W. FIFTH STREETVARIABLE WIDTH RIGHT-OF-WAY20' ALLEY(VOL. 116, PG. 162D.R.C.C.T.)654654654655 65 6 6 5 7 6586596586576 5 7656654653 654 656 653655 654654656 657658658 EX. BLDG1,500 SFS CROCKETT STREET 9'TYP20' 18'4.98'16.98'15'69.85' 8'10.34'183.99'R3'R 3 '16'22447778PROP11,843 SFBUILDINGFUTURE11,900 SFBUILDINGZONING: DTR (PD-84)LAND USE: FOOD TRUCK PARKZONING: DTRLAND USE: RETAIL/RESTAURANTZONING: DTRLAND USE: ROOFING CONTRACTORZONING: DTRLAND USE: CARPET TECHZONING: DTRLAND USE: CARPET TECHZONING: DTR-CLAND USE: RESIDENTIALZONING: DTRLAND USE: AGRICULTURESTEPPEDFFEEX GRATE INLETEXCURBINLETEX SSMHEX SSMHEX FENCEEX FH26.07'24.38'7.85'ZONING: DTR-CLAND USE: RESIDENTIALFDCPROPFH73'163'87.49'79.92'56FUTURE PARKINGFUTURE PARKINGFUTURE PARKING1217.5'344R3 0 '10'4'18.25' 18.25' 17.5'9'9'9'9'R3'R3'R3 ' 13'15'53.62'RELOCATEDPOWER POLERELOCATEDPOWER POLEPROPPATIOAREA56R30'RELOCATED FHR2'R30'R30'417.5'R30'R 3 0 ' 6.24' 5' LS S E T B A C K 5' LS SETBACKR3'DATENo.REVISION BYDATE:SHEETFile No.06/01/2021CHECKED:ASDDRAWN:RDSDESIGN:ASDBGREA BROADWAY RETAIL 308 W BROADWAY STREET PROSPER, TEXAS 1105 CHEEK SPARGER RD. SUITE #1 PHONE: 817.281.0572 COLLEYVILLE, TX 76034 WWW.CLAYMOOREENG.COM TEXAS REGISTRATION #141992021-056PRELIMINARYCLAYMOORE ENGINEERING0GRAPHIC SCALE1 inch = ft.3030603015LEGENDMODERATE DUTY CONCRETE PAVEMENTTRUCK/DUMPSTER AREA CONCRETEPAVEMENTPROPOSED CONCRETE SIDEWALKPROPOSED ENHANCED SIDEWALKPROPOSED CONCRETE CURB AND GUTTERPARKING COUNTSITE PLANSP-1COUNTYSURVEY:ABSTRACT NO.COLLIN COUNTY SCHOOL147CITY:STATE:TOWN OF PROSPERTEXASLEGAL DESCRIPTION:OWNER:APPLICANT/ENGINEER:CLAYMOORE ENGINEERING, INC.1903 CENTRAL DRIVE, SUITE #406BEDFORD, TX 76021PH: 817.281.0572BROWN & GRIFFIN REAL ESTATE ADVISORS, LP1061 N. COLEMAN STPROSPER, TX 75078PH: CASE #: D21-0059CONTACT NAME: LUKE BROWNCONTACT NAME: MATT MOORECOLLINLOT 2, OF BLOCK A, LOTS 1R & 2 OF SILO PARKADDITION, AN ADDITION TO THE TOWN OF PROSPER, COLLINCOUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDEDIN VOLUME 2020, PAGE 67, PLAT RECORDS, COLLIN COUNTY, TEXAS.SURVEYOREAGLE SURVEYING, LLC210 SOUTH ELM STREET, SUITE 104DENTON, TX 76201PH: 940.222.3009CONTACT NAME: DAN RICKTOWN OF PROSPER SITE PLAN NOTES:1. DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED PER THE ZONINGORDINANCE.2. OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED PER THE ZONINGORDINANCE.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. OCCUPANT NOTIFICATION PER THIS SECTION AND 907.5 SHALL BE REQUIRED FORALL 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 CODEOFFICIAL, FOR ALL BUILDINGS OR SPACES PROVIDED WITH AN APPROVEDAUTOMATIC SPRINKLER SYSTEM.8. FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS ORAS DIRECTED BY THE FIRE DEPARTMENT.9. TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALLTIMES.10. SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE.11. FIRE LANES SHALL BE PROVIDED WITHIN 150 FEET OF ALL EXTERIOR WALLS OFANY 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 OFA 26-FOOT WIDE FIRE LANE IN THE IMMEDIATE VICINITY FOR FIREFIGHTINGOPERATIONS OF THE BUILDING. ONE OF THE 26-FOOT WIDE FIRE LANES SHALL BELOCATED 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 OF30 FEET. AMENDMENT 503.2.415. THE INSIDE TURNING RADIUS OF THE 26-FOOT FIRE LANE SHALL BE A MINIMUM OF30 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 ALLINTERSECTING STREETS AND THE MAXIMUM SPACING SHALL BE EVERY 300 FEET(300') FOR ALL DEVELOPMENTS, AND FACILITIES OTHER THAN R3. R-3DEVELOPMENTS SHALL BE EVERY 500 FEET (500'). DISTANCES BETWEENHYDRANTS SHALL BE MEASURED ALONG THE ROUTE THAT FIRE HOSE IS LAID BYA FIRE APPARATUS FROM HYDRANT–TO-HYDRANT, NOT AS THE "CROWFLIES." AMENDMENT 507.5.119. FIRE DEPARTMENT CONNECTION (FDC) FOR THE FIRE SPRINKLER SYSTEM SHALLBE LOCATED WITHIN 50 FEET OF A FIRE HYDRANT AND 50 FEET OF A FIRELANE. 5” STORZ, 30-DEGREE DOWNWARD TURN WITH LOCKINGCAP. AMENDMENT 507.5.120. FIRE HYDRANTS SHALL BE LOCATED 2 FOOT (2') TO 6 FOOT (6') BACK FROM THECURB 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 EACHPROPERTY WITHIN THE PRESCRIBED DISTANCES LISTED ABOVE. A MINIMUM OFONE FIRE HYDRANT SHALL BE LOCATED ON EACH LOT. AMENDMENT 507.5.122. A MINIMUM 10-FOOT UNOBSTRUCTED WIDTH SHALL BE PROVIDED AROUND ABUILDING FOR ADEQUATE FIRE DEPARTMENT ABOVE. A CONTINUOUS ROW OFPARKING AND LANDSCAPING SHALL BE CONSIDERED A BARRIER. AMENDMENT503.1.123. THE MAXIMUM DEAD- END CUL-DE-SAC LENGTH SHALL NOT EXCEED SIX HUNDREDFEET (600') AS MEASURED FROM THE CENTERLINE OF THE INTERSECTION STREETTO THE CENTER POINT OF THE RADIUS. AMENDMENT 503.1.524. ONE-AND TWO-FAMILY DWELLINGS AUTOMATIC FIRE SYSTEMS. AUTOMATIC FIREPROTECTION SYSTEMS PER NFPA 13D OR NFPA 13R SHALL BE PROVIDED IN ALLONE-AND TWO-FAMILY DWELLINGS WITH A CONDITIONED FLOOR AREA OF 5,500SQUARE FEET (511 M2) OR GREATER, DWELLINGS THREE (3) STORIES ORGREATER, OR DWELLINGS WITH ROOF HEIGHTS EXCEEDING THIRTY-FIVE FEET(35') FROM GRADE. IRC-2015 AMENDMENT R313.225. HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORMTO 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 ANDARE SUBJECT TO BUILDING OFFICIAL APPROVAL.28. ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIALAPPROVAL AND SHALL CONFORM TO THE APPROVED FAÇADE PLAN.29. SIDEWALKS OF NOT LESS THAN SIX (6) FEET IN WIDTH ALONG THOROUGHFARESAND COLLECTORS AND FIVE (5) FEET IN WIDTH ALONG RESIDENTIAL STREETS ANDBARRIER-FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWNSTANDARDS.30. APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS AREAPPROVED 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 RELOCATEDUNDERGROUND.33. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW PER THEZONING ORDINANCE.34. ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OFEASEMENT.35. IMPACT FEES WILL BE ASSESSED PER THE LAND USE CLASSIFICATION(S)IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THEPROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAYRESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS.36. THE APPROVAL OF A SITE PLAN SHALL BE EFFECTIVE FOR EIGHTEEN (18) MONTHSFROM THE DATE OF APPROVAL BY THE PLANNING & ZONING COMMISSION, AT THEEND OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED THEAPPROVAL OF ENGINEERING PLANS AND BUILDING PERMITS. IF THE ENGINEERINGPLANS AND BUILDING PERMITS ARE NOT APPROVED, THE SITE PLAN APPROVAL,TOGETHER WITH ANY PRELIMINARY SITE PLAN FOR THE PROPERTY, IS NULL ANDVOID.CONSTRUCTION SCHEDULE4" PARKING STALL STRIPING COLOR: WHITE (TYP)CURB & GUTTERPROPOSED PEDESTRIAN RAMPHANDICAP SYMBOLPAVEMENT STRIPINGPROPOSED SIDEWALKPROPOSED TRASH ECLOSUREPROPOSED SERVICE RAMP23456789GENERAL SITE PLAN NOTES:1. ALL DIMENSIONS ARE TO FACE OF CURB UNLESSOTHERWISE NOTED.2. REFER TO ARCHITECTURAL PLANS FOR BUILDINGDIMENSIONS AND EXACT DOOR LOCATIONS.3. REFER TO ARCHITECTURAL PLANS FOR FENCE AND GATEDETAILS.BENCHMARKS:NO. 1"X-CUT" AT THE CENTER OF CURB RETURN ON THE NORTHEASTCORNER OF E BROADWAY STREET AND MCKINLEY STREET.ELEV: 654.18'NO. 2"X-CUT AT THE CENTER OF THE EAST CURB RETURN LOCATEDON THE SOUTH SIDE OF E BROADWAY STREET APPROXIMATELY230' EAST OF THE INTERSECTION OF E BROADWAY STREET ANDMCKINLEY STREETELEV: 655.10'VICINITY MAPN.T.S.SITEMETER TABLEDOMESTIC METER12Page 137Item 15. S SFLFLFLFLFLFLFLFLFLFLFLFLFL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FLFLFLFLFLFLVFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL F L FLFLFLFLFLF L FL F L FL FLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL VV T TT P ZZ Z Z S SS S S S G GG VFLFLFLFLFLFLFLFL FL FL FL FLFLFLFLFLFLFLT FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FLFL FLS S S S FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FL FL FL F L FL FL FL FL FL FL FL FL FL FLFLFLF L FL V11 6 10 15 15 4 2 3 XXXXXXXXXXXX X X X X X X OUTDOOR RETAIL AREA 20,515 SQ FT R20' R20' R30' R30' R54' R54' R30' BLOCK A LOT 7 & 8 2.78 AC 121,121 SQ FT RETAIL GREENHOUSE 13,500 SQ FT BLOCK A LOT 9 2.40 AC 104,413 SQ FT PD-67, MIXED-USE BLOCK A LOT 10 4.49 AC 195,497 SQ FT PD-67, MIXED-USE EX 24' FIRE LANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT 24'24 30' EX FIRE LANE, DRAINAGE, ACCESS, AND UTILITY EASEMENT R30' EX FH FH IM FH FH FDC WM WE WE EX IM TO BE RELOCATED EX WE EX FH EX WE EX FH EX WE EX FH EX WE EX WE EX FH EX WE EX WE EX FH EX WE EX MH EX SSE EX MH MH EX SSE EXISTING WI TO BE REMOVED 137'115'DUMPSTER ENCLOSURE WITH 8' MASONRY SCREEN WALL (BRICK AND STONE) TO MATCH BUILDING AND 8' METAL GATE. DUAL ENCLOSURES 15'x25' (TYP.) RETAIL 600 SQ FT FFE = 678' S89°56'28"W 261.46' ∆=9°11'47" R=895.00' L=143.65' CB=N85°24'07"W C=143.50' N: 7132719.79 E: 2487995.62 N: 7132866.98 E: 2488266.58 N: 7132866.98 E: 2487934.58 N: 7132727.98 E: 2488350.58 N: 7132727.98 E: 2488308.58 N: 7132698.48 E: 2488244.66 N: 7132698.48 E: 2488038.87N0°00'00"E298.27'N90°00'00"E 404.50'S0°00'00"E309.50'LP (TYP.) EX CI EX CI EX CI EX CI EX CI EX CI EX CI CI CI EX CI EX CI EX CI EX CI EX CI EX JB EX CI EXISTING UTILITY EASEMENT EX TRANSFORMER EX PULL BOX EX TRANSFORMER EX JB EX CI EX CI 9' TYP. N: 7132585.47 E: 2488324.0889'EX DE WE N: 7132596.71 E: 2487919.58 N: 7132894.97 E: 2488324.08 N: 7132894.97 E: 2487919.58 N: 7132713.23 E: 2488276.62 N: 7132704.65 E: 2488266.58 EX DEN: 7132722.98 E: 2487919.58 N: 7132596.98 E: 2488181.04 LOADING ZONE 10' 10'13' 2' OVERHANG (TYP.) 13' EX STREET EASEMENT15'150'90'25' LANDSCAPE EASEMENT & BUILDING SETBACK EX STREET EASEMENT EX WE117'EX FH EX MH EX MH 30' FIRE LANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT 24' FIRE LANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT EX JB RICHLAND BLVD - 90' R.O.W.20' TYP.EX STREET EASEMENT EX 6' SW 5' LANDSCAPE SETBACK 15' BUILDING SETBACK 5' LANDSCAPE SETBACK15' BUILDING SETBACKEXISTING LOT LINE TO BE REMOVED IM WE5' LANDSCAPE SETBACKWROUGHT IRON FENCE WITH ACCESS GATES BFR RETAINING WALL30'24'WE 25'R30' R30' 5' SWLK 15' R30'R30' R27' R30' RETAINING WALL 5' SW 24'33'677.11675.10675.35WROUGHT IRON FENCE WITH ACCESS GATES BLOCK B LOT 2 190.31 AC 8,290,078 SQ FT PD-67, MIXED-USE BLOCK B LOT 1 4.39 AC 191,490 SQ FT PD-67, MIXED-USE BLOCK A LOT 1 19.87 AC 865,537 SQ FT PD-67, MIXED-USE This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT260 EAST DAVIS STREET, SUITE 100, MCKINNEY, TX 75069PHONE: 469-301-2580 FAX: 972-239-3820WWW.KIMLEY-HORN.COM TX F-928RANRAN RAKLAST SAVED7/20/2021 4:38 PMPLOTTED BYNARDONE, RACHEL (BECKLER) 7/20/2021 4:45 PMDWG PATHK:\MKN_CIVIL\068109030-GATES OF PROSPER\_PHASE 1\_BUILDING R\CAD\PLANSHEETSDWG NAMESITE PLAN.DWG , [ 24 x 36 ]IMAGES Town of Prosper Logo :XREFS xBrdr-Bldg R : xsite-bldg r : xSurv-Ph3 : xStrm-Bldg R : xUtil-Bldg R : xHtch-Bldg R068109030PAD SITE RPROSPER, TEXAS© 2021 KIMLEY-HORN AND ASSOCIATES, INC.JULY 2021Not for construction or permit purposes. FOR REVIEW ONLY Engineer P.E. No.Date132468 RACHEL A. KORUS 07/20/2021 C-05SITE PLAN00 40'80' GRAPHIC SCALE 40' TYP TYPICAL WATER EASEMENTWE SANITARY SEWER EASEMENTSSE NUMBER OF PARKING SPACESX FH ACCESSIBLE PARKING SYMBOL BARRIER FREE RAMP (BFR) EXISTING CONTOUR - MAJOR EXISTING CONTOUR - MINOR DRAINAGE EASEMENTDE BARRIER FREE RAMPBFR SIDEWALKSW CURB INLETCI LEGEND FIRE HYDRANT EXISTING PAVEMENT FDC FIRE DEPARTMENT CONNECTION EXISTINGEX PROPOSEDPROP. PROPOSED FIRE LANE PROPOSED BUILDING FL FL BUILDING LINE/SETBACKBL WM WYE INLETWI MANHOLEMH TRANSFORMER PAD GRATE INLETGI JUNCTION BOXJB T S SANITARY SEWER MANHOLE CURB INLET GRATE INLET HEADWALL JUNCTION BOX OR WYE INLET WATER METER (AND VAULT) PROPSED CONTOUR - MAJOR PROPOSED CONTOUR - MINOR OUTDOOR RETAIL AREA OPEN SPACE GOP #2 LLC 1 Cowboys Way Frisco, Texas 75034 Contact: Nicholas Link Phone: (972)-497-4854 Kimley-Horn and Associates, Inc. 260 East Davis Street, Suite 100 McKinney, Texas 75069 Contact: Joe Riccardi, P.E. Phone: (469)-301-2580 N.T.S. US HWY 380 (UNIVERSITY)BNSF RAILROADCOLEMAN STTOWN OF PROSPER RI C H L A N D LOVERS LNLOVERS LN CITY OF FRISCO STATE HWY 289 (PRESTON)VICINITY MAP SITE LOCATION ANY REVISION TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID CONFLICTS BETWEEN PLANS. 1.DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 2.OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 3.OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTRAINED WITHIN THE ZONING ORDINANCE. 4.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 5.ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 6.BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE DEPARTMENT. 7.OCCUPANT NOTIFICATION PER THIS SECTION AND 907.5 SHALL BE REQUIRED FOR ALL NEW CONSTRUCTION, OR EXISTING CONSTRUCTION COMPLYING WITH THE INTERNATIONAL BUILDING CODE, FOR RENOVATIONS TO EXISTING BUILDINGS, TENANT SPACES, CHANGES IN OCCUPANCY, REPLACEMENT OR MODIFICATION OF THE EXISTING FIRE ALARM SYSTEM, OR AS REQUIRED BY THE FIRE CODE OFFICIAL, FOR ALL BUILDINGS OR SPACES PROVIDED WITH AN APPROVED AUTOMATIC SPRINKLER SYSTEM. 8.FIRE LANES SHALL BE 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 503.1.1 12.THE FIRE LANE SHALL BE A MINIMUM OF 24 FEET WIDE. AMENDMENT 503.2.1 13.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 FIREFIGHTING OPERATIONS 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 30 FEET. APPENDIX D105 14.THE INSIDE TURNING RADIUS OF THE 24-FOOT FIRE LANE SHALL BE A MINIMUM OF 30 FEET. AMENDMENT 503.2.4 15.THE INSIDE TURNING RADIUS OF THE 26-FOOT FIRE LANE SHALL BE A MINIMUM OF 30 FEET. AMENDMENT 503.2.4 16.DEAD-END FIRE LANES ARE ONLY PERMITTED WITH APPROVED HAMMERHEADS. 17.FIRE HYDRANTS SHALL BE PROVIDED AT THE ENTRANCES AND INTERSECTIONS. AMENDMENT 507.5.1 18.AS PROPERTIES DEVELOP, FIRE HYDRANTS SHALL BE LOCATED AT ALL INTERSECTING STREETS AND THE MAXIMUM SPACING SHALL BE EVERY 300 FEET (300') FOR ALL DEVELOPMENTS, AND FACILITIES OTHER THAN R3. R-3 DEVELOPMENTS SHALL BE EVERY 500 FEET (500'). DISTANCES BETWEEN HYDRANTS SHALL BE MEASURED ALONG THE ROUTE THAT FIRE HOSE IS LAID BY A FIRE APPARATUS FROM HYDRANT-TO-HYDRANT, NOT AS THE "CROW FLIES." AMENDMENT 507.5.1 19.FIRE DEPARTMENT CONNECTION (FDC) FOR THE FIRE SPRINKLER SYSTEM SHALL BE LOCATED WITHIN 50 FEET OF A FIRE HYDRANT AND 50 FEET OF A FIRE LANE. 5” STORZ, 30-DEGREE DOWNWARD TURN WITH LOCKING CAP. AMENDMENT 507.5.1 20.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 507.5.1 21.THERE SHALL BE A MINIMUM OF TWO (2) FIRE HYDRANTS SERVING EACH PROPERTY WITHIN THE PRESCRIBED DISTANCES LISTED ABOVE. A MINIMUM OF ONE FIRE HYDRANT SHALL BE LOCATED ON EACH LOT. AMENDMENT 507.5.1 22.A MINIMUM 10-FOOT UNOBSTRUCTED WIDTH SHALL BE PROVIDED AROUND A BUILDING FOR ADEQUATE FIRE DEPARTMENT ACCESS. A CONTINUOUS ROW OF PARKING AND LANDSCAPING SHALL BE CONSIDERED A BARRIER. AMENDMENT 503.1.1 23.THE MAXIMUM DEAD- END CUL-DE-SAC LENGTH SHALL NOT EXCEED SIX HUNDRED FEET (600') AS MEASURED FROM THE CENTERLINE OF THE INTERSECTION STREET TO THE CENTER POINT OF THE RADIUS. AMENDMENT 503.1.5 24.ONE-AND TWO-FAMILY DWELLINGS AUTOMATIC FIRE SYSTEMS. AUTOMATIC FIRE PROTECTION SYSTEMS PER NFPA 13D OR NFPA 13R SHALL BE PROVIDED IN ALL ONE-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 R313.2 25.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 26.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 27.ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE PRELIMINARY 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 AND BARRIER-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 IN ACCORDANCE WITH THE ZONING ORDINANCE. 34.ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYP.E OF EASEMENT. 35.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 36.THE APPROVAL OF A SITE PLAN SHALL BE EFFECTIVE FOR EIGHTEEN (18) MONTHS FROM DATE OF APPROVAL BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED THE APPROVAL OF ENGINEERING PLANS AND BUILDING PERMITS. IF THE ENGINEERING PLANS AND BUILDING PERMITS ARE NOT APPROVED, THE SITE PLAN APPROVAL, TOGETHER WITH ANY PRELIMINARY SITE PLAN FOR THE PROPERTY, IS NULL AND VOID. TOWN OF PROSPER SITE PLAN NOTES SITE DATA SUMMARY TABLE ZONING/PROPOSED USE PD-67 LOT AREA/ SQ. FT. AND AC BUILDING AREA (gross square footage)14,100 SQ FT BUILDING HEIGHT (number of stories) MAX HEIGHT = 30' LOT COVERAGE FLOOR AREA RATIO (for non-residential zoning) TOTAL PARKING PROVIDED 66 SPACES TOTAL HANDICAP REQUIRED 3 SPACES TOTAL HANDICAP PROVIDED 3 SPACES USABLE OPEN SPACE REQUIRED USABLE OPEN SPACE PROVIDED BLOCK A, LOTS 7 & 8 *HANDICAP PARKING IS PROVIDED IN ACCORDANCE WITH TAS STANDARDS TOTAL PARKING REQUIRED (1:250 FOR RETAIL, EXCLUDES OUTDOOR AREA) IMPERVIOUS SURFACE 57 SPACES INTERIOR LANDSCAPING REQUIRED INTERIOR LANDSCAPING PROVIDED RETAIL 121,121.76 SQ FT; 2.78 AC 30' MAX. 11.6% 0.12:1 1,050 SQ. FT. 73,546 SQ. FT. 9,329 SQ. FT. 1,050 SQ. FT. 9,329 SQ. FT. 1 2 ID BLOCK A TYPE DOMESTIC IRRIGATIONA SIZE 2" 2" LOT 7R 7R SANITARY SEWER 6" METER SCHEDULE 3 IRRIGATIONA 2"7R 1 2 3 Page 138 Item 15. 15 15 9 8 14 10 8 15 15 11 S S S S SS S D D D EE E MH MHMH MH MH FH FH FH FH FH FH FH FH CICI CI CI JB OUTLET STRUCTURE EX. GI EX. CI EX. CI EX. MH EX. MH EX. MH EX. MH EX. MH EX. MH EXISTINGMAHARD PARKWAYTXHR ADDITION, BLOCK A, LOT 1 ZONING: PD-47 COMMERCIAL CORRIDOR EXISTING: HOSPITAL VOL. 2017, PG. 88 P.R.C.C.T. EX. MH BLOCK A, LOT 2 MSW PROSPER 380 ADDITION ZONING: PD-47 COMMERCIAL CORRIDOR PROPOSED: HOSPITAL GROSS AREA: 7.722 AC (336,358 SF) ROW AREA: 0.770 AC (33,546 SF) NET AREA: 6.952 AC (302,812 SF) EX. MH JB GI LOT 1, BLOCK A GST PROSPER, LOT 1, BLOCK A ZONING: C PD-99 EXISTING: AUTMOBILE SALES VOL. 2015, PG. 674 P.R.C.C.T. LOT 7, BLOCK D PROSPER CENTER, BLOCK D, LOTS 2R, 5, 6, 7 AND 8 ZONING: C PD-99 EXISTING: VACANT DOC. NO. 2019-455, P.R.D.C.T. VOL. 2019, PG. 773, P.R.C.C.T. PROSPER VILLAGES AT LEGACY LLC DOC. NO. 2017-116776 O.R.D.C.T. CALLED 4.143 ACRES TEXAS HEALTH RESOURCES ZONING: PD-47 COMMERCIAL CORRIDOR EXISTING: VACANT INSTR. NO. 20181212001513610 O.P.R.C.C.T.EXISTINGMAHARD PARKWAYFUTUREMAHARD PARKWAYFUTURE MAHARD PARKWAYEX. CI CI50' ENERGY TRANSFERFUEL LP EASEMENTINST. NO. 2006-0001078O.P.R.C.C.T.10' ATMOS ENERGY CORPORATION EASEMENT AND RIGHT OF WAY INST. NO. 2017102001402920 O.P.R.C.C.T. FH FH FH CI CI CI CI FH MH ∆ ∆ BM NO. 53 BM NO. 52 BLOCK A, LOT 1R MSW PROSPER 380 ADDITION ZONING: PD-47 COMMERCIAL CORRIDOR EXISTING: VACANT VOL.____,PG.____ P.R.C.C.T. LOT 6, BLOCK D PROSPER CENTER, BLOCK D, LOTS 2R, 5, 6, 7 AND 8 ZONING: O PD-101 EXISTING: VACANT DOC.NO. 2019-455, P.R.D.C.T. VOL. 2019, PG. 773, P.R.C.C.T. PROSPER VILLAGES AT LEGACY LLC DOC. NO. 2017-116776 O.R.D.C.T. ANY REVISION TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID CONFLICTS BETWEEN PLANS. 1.DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 2.OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 3.OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE. 4.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 5.ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 6.BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE DEPARTMENT. 7.OCCUPANT NOTIFICATION PER THIS SECTION AND 907.5 SHALL BE REQUIRED FOR ALL NEW CONSTRUCTION, OR EXISTING CONSTRUCTION COMPLYING WITH THE INTERNATIONAL BUILDING CODE, FOR RENOVATIONS TO EXISTING BUILDINGS, TENANT SPACES, CHANGES IN OCCUPANCY, REPLACEMENT OR MODIFICATION OF THE EXISTING FIRE ALARM SYSTEM, OR AS REQUIRED BY THE FIRE CODE OFFICIAL, FOR ALL BUILDINGS OR SPACES PROVIDED WITH AN APPROVED AUTOMATIC SPRINKLER SYSTEM. 8.FIRE LANES SHALL BE 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 503.1.1 12.THE FIRE LANE SHALL BE A MINIMUM OF 24 FEET WIDE. AMENDMENT 503.2.1 13.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 FIREFIGHTING OPERATIONS 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 30 FEET. APPENDIX D105 14.THE INSIDE TURNING RADIUS OF THE 24-FOOT FIRE LANE SHALL BE A MINIMUM OF 30 FEET. AMENDMENT 503.2.4 15.THE INSIDE TURNING RADIUS OF THE 26-FOOT FIRE LANE SHALL BE A MINIMUM OF 30 FEET. AMENDMENT 503.2.4 16.DEAD-END FIRE LANES ARE ONLY PERMITTED WITH APPROVED HAMMERHEADS. 17.FIRE HYDRANTS SHALL BE PROVIDED AT THE ENTRANCES AND INTERSECTIONS. AMENDMENT 507.5.1 18.AS PROPERTIES DEVELOP, FIRE HYDRANTS SHALL BE LOCATED AT ALL INTERSECTING STREETS AND THE MAXIMUM SPACING SHALL BE EVERY 300 FEET (300') FOR ALL DEVELOPMENTS, AND FACILITIES OTHER THAN R3. R-3 DEVELOPMENTS SHALL BE EVERY 500 FEET (500'). DISTANCES BETWEEN HYDRANTS SHALL BE MEASURED ALONG THE ROUTE THAT FIRE HOSE IS LAID BY A FIRE APPARATUS FROM HYDRANT–TO-HYDRANT, NOT AS THE "CROW FLIES." AMENDMENT 507.5.1 19.FIRE DEPARTMENT CONNECTION (FDC) FOR THE FIRE SPRINKLER SYSTEM SHALL BE LOCATED WITHIN 50 FEET OF A FIRE HYDRANT AND 50 FEET OF A FIRE LANE. 5” STORZ, 30-DEGREE DOWNWARD TURN WITH LOCKING CAP. AMENDMENT 507.5.1 20.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 507.5.1 21.THERE SHALL BE A MINIMUM OF TWO (2) FIRE HYDRANTS SERVING EACH PROPERTY WITHIN THE PRESCRIBED DISTANCES LISTED ABOVE. A MINIMUM OF ONE FIRE HYDRANT SHALL BE LOCATED ON EACH LOT. AMENDMENT 507.5.1 22.A MINIMUM 10-FOOT UNOBSTRUCTED WIDTH SHALL BE PROVIDED AROUND A BUILDING FOR ADEQUATE FIRE DEPARTMENT ACCESS. A CONTINUOUS ROW OF PARKING AND LANDSCAPING SHALL BE CONSIDERED A BARRIER. AMENDMENT 503.1.1 23.THE MAXIMUM DEAD- END CUL-DE-SAC LENGTH SHALL NOT EXCEED SIX HUNDRED FEET (600') AS MEASURED FROM THE CENTERLINE OF THE INTERSECTION STREET TO THE CENTER POINT OF THE RADIUS. AMENDMENT 503.1.5 24.ONE-AND TWO-FAMILY DWELLINGS AUTOMATIC FIRE SYSTEMS. AUTOMATIC FIRE PROTECTION SYSTEMS PER NFPA 13D OR NFPA 13R SHALL BE PROVIDED IN ALL ONE-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 R313.2 25.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 26.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 27.ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE PRELIMINARY 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 AND BARRIER-FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS. 30.ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 31.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE. 32.ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF EASEMENT. 33.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 34.THE APPROVAL OF A SITE PLAN SHALL BE EFFECTIVE FOR EIGHTEEN (18) MONTHS FROM THE DATE OF APPROVAL BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED THE APPROVAL OF ENGINEERING PLANS AND BUILDING PERMITS. IF THE ENGINEERING PLANS AND BUILDING PERMITS ARE NOT APPROVED, THE SITE PLAN APPROVAL, TOGETHER WITH ANY PRELIMINARY SITE PLAN FOR THE PROPERTY, IS NULL AND VOID. 1.NO FLOODPLAIN EXISTS ON THE SITE. 2.ALL DIMENSIONS ARE SHOWN TO FACE OF CURB UNLESS OTHERWISE NOTED. 3.FIRE LANES SHALL BE A MINIMUM OF 26' IN WIDTH WITH A 30' TURNING RADIUS. 4.FDCS SHALL BE PROVIDED IN ACCORDANCE WITH THE TOWN OF PROSPER STANDARDS 5.TREES SHALL NOT BE LOCATED WITHIN PUBLIC EASEMENTS IN ACCORDANCE WITH TOWN STANDARDS. 6.FOUNDATION PLANTINGS TO BE PROVIDED IN ACCORDANCE WITH THE ZONING ORDINANCE. 7.ALL PROPOSED OPEN STORAGE SHALL BE SCREENED IN ACCORDANCE WITH THE REQUIREMENTS OF THE ZONING ORDINANCE. 8.NO TREES ARE TO BE REMOVED. 9.THE DUMPSTER ENCLOSURE WILL BE MINIMUM 15' X 23' X 10'-4" HIGH BRICK ENCLOSURE WITH METAL GATES. COLOR TO BE CONSISTENT WITH THE COLOR OF PRIMARY BUILDING. NOTES TOWN OF PROSPER SITE PLAN NOTES ENGINEER / SURVEYOR KIMLEY-HORN AND ASSOCIATES, INC. 100 WEST OAK STREET, SUITE 203 DENTON, TX. 76201 PHONE (940) 287-3620 CONTACT: MACK MATTKE, P.E. MATT.MATTKE@KIMLEY-HORN.COM OWNER / APPLICANT ENCOMPASS HEALTH 9001 LIBERTY PARKWAY BIRMINGHAM, AL 35242 PHONE (205) 970-78520 ELIZABETH.MANN@ENCOMPASSHEALTH.COM CONTACT: ELIZABETH MANN MSW PROSPER 380 ADDITION BLOCK A, LOT 2 CASE # - D21-0090 6.95 ACRES COLLIN COUNTY SCHOOL AND LAND SURVEY, ABSTRACT NO. 147 TOWN OF PROSPER, COLLIN COUNTY, TEXAS PREPARATION DATE: SEPTEMBER 13, 2021 SITE PLAN LEGEND PROPERTY LINE EX. LIGHT POLE EX. FIRE HYDRANT (FH) EX. STORM MANHOLE EX. SAN. SWR. MANHOLE EX. STORM INLET EX.WATER METER S D W EASEMENT LINE EXISTING FIRE LANE / FIRE ACCESS, DRAINAGE, AND UTILITY EASEMENT (F.A.D.U.E.) SETBACK LINE EXISTING CONTOUR PROPOSED FIRE HYDRANT S PROPOSED SEWER MANHOLE PROPOSED FIRE DEPT. CONNECTION PROPOSED RETAINING WALL PROPOSED FIRE LANE / FIRE ACCESS, DRAINAGE, AND UTILITY EASEMENT (F.A.D.U.E.) NORTH SITE LOCATION MAP (NOT TO SCALE) SITE PARVIN BNSFFRISCO PROSPER 380LEGACY DRIVEBNSFPRESTON ROADDALLAS NORTHTOLLWAYFISHTRAP FIRST STREET DALLAS PKWYTEELPHASE II PAVEMENT PRAIRIE DRIVE PROPOSED FENCE BM 52: "(" SET ON THE NORTH EAST CORNER OF A DROP INLET, LOCATED +/- 1000' NORTH OF HIGHWAY 380 (UNIVERSITY DRIVE) AND ±75' WEST OF THE WEST CURB LINE OF MAHARD PARKWAY. ELEV.= 630.84' BM 53: "(" SET ON THE SOUTHWEST CORNER OF A CURB INLET, LOCATED ON THE WEST SIDE OF MAHARD PARKWAY, AND ±550' NORTH OF HIGHWAY 380 (UNIVERSITY DRIVE). ELEV.= 624.24' BENCH MARK LIST SITE PLANREVISIONSNo.DATESHEET NUMBER PROJECT NO. DATEDRAWN BYSCALEDESIGNED BYCHECKED BY100 WEST OAK STREET, SUITE 203, DENTON, TX 76201PHONE: 940-287-3620WWW.KIMLEY-HORN.COMMMMAMAS SHOWN© 2021 KIMLEY-HORN AND ASSOCIATES, INC.09/13/2021 063247201 PROSPERTBBTEXAS REGISTERED ENGINEERING FIRM F-928Not for construction or permit purposes. FOR REVIEW ONLY Engineer P.E. No.Date MACKENZIE MATTKE 140083 ENCOMPASSHEALTHTEXAS09/13/2021 1 OF 1 US 380 I.D. WATER METER SCHEDULE TYPE SIZE NO.SAN. SEW. 1 DOMESTIC 4"2 2-6" REMARKS PROPOSED 1 Page 139 Item 15. Page 1 of 3 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 – September 28, 2021 Agenda Item: Conduct a Public Hearing, and consider and act upon a request to amend the Future Land Use Plan from Old Town Single Family to Old Town Office, generally located on the southeast corner of Coleman Street and Seventh Street. This is a companion case to Z21-0005. (CA21-0002). Description of Agenda Item: Town staff has received a request to rezone 0.7± acres from Single Family-15 (SF-15) to Planned Development-Downtown Office (PD-DTO), located on the southeast corner of Seventh Street and Coleman Street, Zoning Case Z21-0005. The property is proposed to be redeveloped for use as professional offices. Rezoning requests, which do not conform, to the Future Land Use Plan shall be accompanied by a request to amend the Future Land Use Plan. The Comprehensive Plan document anticipates the Town will encounter “development proposals that do not directly reflect the purpose and intent of the land use pattern as shown on the Future Land Use Plan map.” Land use districts designated on the Future Land Use Plan are intended to depict general areas where land uses are considered appropriate for an area, and such districts are not intended to be parcel specific. If the Planning & Zoning Commission and Town Council believe the property located at the southeast corner of Seventh Street and Coleman Street is more appropriately classified as Old Town Core – Office on the Future Land Use Plan, then it would be appropriate to classify the properties to the north and south along Coleman Street as Old Town Core – Office as well, in order to create a consistent non-residential corridor into and out of the downtown, as opposed to having isolated residentially designated areas. See below for proposed plan amendment. Images of the existing and proposed amendment are shown below. Prosper is a place where everyone matters. PLANNING Page 140 Item 16. Page 2 of 3 Existing Proposed The document recommends that “development proposals that are inconsistent with the Future Land Use Plan map (or that do not meet its general intent)” should be reviewed based on the following questions and should be reviewed on their own merit.  Will the proposed change enhance the site and the surrounding area?  Is the proposed change a better use than that originally envisioned and depicted on the Future Land Use Plan map?  Will the proposed use impact adjacent residential areas in a negative manner?  Will the proposed use be compatible with and/or enhance adjacent residential uses?  Are uses adjacent to the proposed use similar in nature in terms of appearance, hours of operation, and other general aspects of compatibility?  Does the proposed use present a significant benefit to the public health, safety, welfare and/or social well-being of the community?  Would it contribute to the Town’s long-term economic stability? The Plan states, “it should be incumbent upon the applicant making such a proposal to provide evidence that the proposal meets the aforementioned considerations, supports community goals and objectives as set forth within this Plan, and represents long term economic and/or social benefits for the community as a whole, not just a short-term financial gain for whoever is developing the project.” The applicant provided the attached letter (attachment 3), in response. The Plan also recommends that “it is important to recognize that proposals not directly consistent with the Plan could reflect higher and better long-term uses than those originally envisioned and shown on the Future Land Use Plan map for a particular area. This may be due to changing markets, demographics and/or economic trends that occur at some point in the future after the Plan is adopted. If such changes occur, and especially if there are demonstrated significant social and/or economic benefits to the Town of Prosper, then these proposals should be approved and the Future Land Use Plan map should be amended accordingly.” Page 141 Item 16. Page 3 of 3 Legal Obligations and Review: The Town Council is required to hold a Public Hearing prior to acting on an amendment to the Future Land Use Plan. Attached Documents: 1. Existing Future Land Use Plan 2. Proposed Future Land Use Plan 3. Request Letter Planning & Zoning Commission Recommendation: At their September 7, 2021 meeting, the Planning & Zoning Commission recommended the Town Council approve the request, by a vote of 7-0. Staff Recommendation: Town staff recommends the Town Council consider and act upon an amendment to the Town’s Future Land Use Plan. Proposed Motion: I move to (approve / deny) the request to amend the Future Land Use Plan from Old Town Single Family to Old Town Office, generally located on the southeast corner of Coleman Street and Seventh Street Page 142 Item 16. Old Town Transportation Plan Section A: Four lane divided roadway with a landscaped median and a landscaped parkway separating pedestrians from traffic. This section serves as a major entrance into Old Town from the east. No on-street parking. Section B: Two lane divided boulevard with a large center median containing landscaping. Wide travel lanes allow for bicycle accommodation and a landscaped parkway separates pedestrians from traffic. No on-street parking. Section C: Two lane divided boulevard with a large center median containing landscaping. On-street parallel parking is permitted and a landscaped parkway separates pedestrians from traffic. Section D: Two lane undivided urban roadway. Wide 20’ sidewalks accommodate patio seating, pedestrian traffic and street trees. On-street angled parking is permitted and bulb-outs are located at intersections to enhance pedestrian visibility at crosswalks. Section E: Two lane undivided roadway with on-street parallel parking and an immediately adjacent 8’ sidewalk. A large private setback of 25’ is included. Section F: Two lane undivided roadway with on-street parallel parking and a 15’ sidewalk. 10’ of the sidewalk will be located within the right-of-way and the additional 5 feet will be a 5’ setback to building face. Section G: Two lane divided roadway with a center median containing landscaping. On-street parallel parking and a 10’ sidewalk are included. Land Use The predominant land use within Old Town will be single-family residential. All infill development within such areas should conform to the architectural guidelines established for the Old Town district. Such guidelines are created to protect the continuity of look and feel within Old Town. Along Broadway and First Street, single-family uses will gradually transition to boutique, cottage-style office and/or specialty retail uses. Broadway west of Coleman, will be the retail core of the downtown. Shops, restaurants, and small office uses may be located within the main street retail area. This area is intended to be the heart and main activity center of the Old Town Area. As redevelopment occurs, building frontages should be brought to the property line to be consistent with ultimate streetscape improvements. Adjacent to the retail core, a mixed-use district incorporating mixed use lofts/apartments will serve as a buffer between the Business Park and the core of Old Town. This area will also provide rooftops that service adjacent retail establishments. The Green space area will serve as a community park and its location adjacent to the retail core of Old Town and the mixed-use district will make it an opportunistic and useable open space area. Niche retail is recommended along Preston Road and at the northern end of Coleman. Retail development within these areas should fit within the architectural framework of the Old Town area. Setbacks should be reduced, when possible, along Coleman and Broadway to frame the roadways. EXISTING Page 143 Item 16. Old Town Transportation Plan Section A: Four lane divided roadway with a landscaped median and a landscaped parkway separating pedestrians from traffic. This section serves as a major entrance into Old Town from the east. No on-street parking. Section B: Two lane divided boulevard with a large center median containing landscaping. Wide travel lanes allow for bicycle accommodation and a landscaped parkway separates pedestrians from traffic. No on-street parking. Section C: Two lane divided boulevard with a large center median containing landscaping. On-street parallel parking is permitted and a landscaped parkway separates pedestrians from traffic. Section D: Two lane undivided urban roadway. Wide 20’ sidewalks accommodate patio seating, pedestrian traffic and street trees. On-street angled parking is permitted and bulb-outs are located at intersections to enhance pedestrian visibility at crosswalks. Section E: Two lane undivided roadway with on-street parallel parking and an immediately adjacent 8’ sidewalk. A large private setback of 25’ is included. Section F: Two lane undivided roadway with on-street parallel parking and a 15’ sidewalk. 10’ of the sidewalk will be located within the right-of-way and the additional 5 feet will be a 5’ setback to building face. Section G: Two lane divided roadway with a center median containing landscaping. On-street parallel parking and a 10’ sidewalk are included. Land Use The predominant land use within Old Town will be single-family residential. All infill development within such areas should conform to the architectural guidelines established for the Old Town district. Such guidelines are created to protect the continuity of look and feel within Old Town. Along Broadway and First Street, single-family uses will gradually transition to boutique, cottage-style office and/or specialty retail uses. Broadway west of Coleman, will be the retail core of the downtown. Shops, restaurants, and small office uses may be located within the main street retail area. This area is intended to be the heart and main activity center of the Old Town Area. As redevelopment occurs, building frontages should be brought to the property line to be consistent with ultimate streetscape improvements. Adjacent to the retail core, a mixed-use district incorporating mixed use lofts/apartments will serve as a buffer between the Business Park and the core of Old Town. This area will also provide rooftops that service adjacent retail establishments. The Green space area will serve as a community park and its location adjacent to the retail core of Old Town and the mixed-use district will make it an opportunistic and useable open space area. Niche retail is recommended along Preston Road and at the northern end of Coleman. Retail development within these areas should fit within the architectural framework of the Old Town area. Setbacks should be reduced, when possible, along Coleman and Broadway to frame the roadways. PROPOSED Page 144 Item 16. September 1, 2021 Mr. Alex Glushko Senior Planner Town of Prosper 409 E. First Street Prosper, TX 75078 Re: Future Land Use Plan Amendment Sorensen – SEC of Coleman and Seventh Street Dear Alex: On behalf of our Client, please let this letter serve as a formal request to amend the Future Land Use Plan for the property located at the southeast corner of Coleman and Seventh Street. The current plan calls for this property to be Single Family Residential. The property currently has a commercial structure that was built years back. Our Client is looking to re-purpose the existing building into office uses. Our team feels that this site is better suited for office uses as you enter the downtown area along Coleman. The west side of Coleman Avenue provides for commercial/retail uses under the Downtown Zoning districts. We feel given the existing condition of the site and our proximity to downtown that this Future Land Use Plan Amendment is appropriate. We would respectfully request that the Future Land Use Plan be amended to allow the proposed office uses. Please contact me if you have any questions. Respectfully, ClayMoore Engineering, Inc. Matt Moore, P.E. Page 145 Item 16. Page 1 of 3 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 – September 28, 2021 Agenda Item: Conduct a Public Hearing, and consider and act upon a request to rezone 0.7± acres from Single Family-15 (SF-15) to Planned Development-Downtown Office (PD-DTO), to allow for the conversion of the existing structure into an office, located on the southeast corner of Coleman Street and Seventh Street. (Z21-0005). Description of Agenda Item: The zoning and land use of the surrounding properties are as follows: Zoning Current Land Use Future Land Use Plan Subject Property Single Family-15 Residential Storage Old Town Core District – Single Family North Single Family-15 Single Family Residential Old Town Core District – Single Family East Single Family-15 Single Family Residential Old Town Core District – Single Family South Single Family-15 Single Family Residential and Undeveloped Old Town Core District – Single Family West Single Family-15 Mobile Home Park Old Town Core District – Office Requested Zoning – The purpose of this request is to rezone the property to allow for the conversion of the existing 5,505-square-foot metal building into an office use. The building was originally constructed in 1973 and in the past has been used as a residence, a contractor’s yard, Prosper is a place where everyone matters. PLANNING Page 146 Item 17. Page 2 of 3 and most recently as residential storage. The applicant is proposing the following site improvements in conjunction with this PD request: 1. Maintaining the existing eight-foot (8’) board-on-board fencing, except in the location of the proposed driveway accessing Seventh Street; 2. Adding six (6) large street trees (Texas Red Oak) along Seventh Street and seven (7) large street trees (Chinkapin Oak) along Coleman Street; 3. Removing a portion of existing concrete along the eastern property line in order to allow for the planting of six (6) Desert Willow trees, and 26 shrubs, including Dwarf Burford Holly and Green Cloud Sage, adjacent to the eastern adjacent residential property; and 4. Enhancing the west (front) elevation facing Coleman Street, by installing windows and adding masonry to create an old town storefront appearance. The applicant is proposing an addition of 247 square feet to accommodate the façade enhancements. The existing and proposed elevations are shown below. Existing West Facing (Front) Elevation Proposed West Facing (Front) Elevation Future Land Use Plan – The Future Land Use Plan recommends Old Town Core District – Single Family. The zoning request does not conform to the Future Land Use Plan. The companion item is a request to amend the Future Land Use Plan for Old Town Core District – office uses on the property. Thoroughfare Plan – The property has direct access to Coleman Street, a future 84-foot wide two- lane divided thoroughfare with on-street parallel parking. Page 147 Item 17. Page 3 of 3 Parks Master Plan – The Parks Master Plan does not indicate a park is needed on the subject property. Legal Obligations and Review: Notification was provided to neighboring property owners as required by state law. To date, Town staff has not received any Public Hearing Notice Reply Forms. Attached Documents: 1. Aerial and Zoning Maps 2. Proposed Zoning Exhibits Planning & Zoning Commission Recommendation: At their September 7, 2021, meeting, the Planning & Zoning Commission recommended the Town Council approve the request, by a vote of 7-0. Town Staff Recommendation: There are two options for a recommendation, subject to the action taken on the companion case for the amendment to the Future Land Use Plan (CA21-0002). 1. If the Town Council approves the amendment to the Future Land Use Plan, staff recommends approval of the rezoning request with the condition that the property owner enter into a Development Agreement with the Town of Prosper. 2. If the Town Council denies the amendment to the Future Land Use Plan, staff recommends denial of the rezoning request. Proposed Motion: I move to (approve / deny) the request to rezone 0.7± acres from Single Family-15 (SF-15) to Planned Development-Downtown Office (PD-DTO), to allow for the conversion of the existing structure into an office, located on the southeast corner of Coleman Street and Seventh Street, subject to approval of a Development Agreement, including, but not limited to, right-of-way and/or easement dedication, and architectural building materials. Page 148 Item 17. FM 1385W UNIVERSITY DR E FIRST ST PARVIN RD E UNIVERSIT Y DR N CUSTER RDE PROSPER TRL W FIRST ST W F RONT IER PK WY E FRONTIER PKWY PR OSPER RD N PRESTON RDN DALLAS PKWYS PRESTON RDFISHTRAP RD GEE RDSIXTH ST SEVENTH ST CHURCH STCOLEMAN STMAIN STDRAGONFLY DR SHARED DRIVEWAY EIGHTH ST 0 500250Feet µ Z21-0005 - Downtown Office Conversion This map is for illus tr ation purpos es only. Page 149 Item 17. FM 1385W UNIVERSITY DR E FIRST ST PARVIN RD E UNIVERSIT Y DR N CUSTER RDE PROSPER TRL W FIRST ST W F RONT IER PK WY E FRONTIER PKWY PR OSPER RD N PRESTON RDN DALLAS PKWYS PRESTON RDFISHTRAP RD GEE RDPD-37PD-96 PD-72PD-96 PD-45 SIXTH ST SEVENTH ST CHURCH STCOLEMAN STMAIN STSHARED DRIVEWAY EIGHTH ST 0 500250Feet µ Z21-0005 - Downtown Office Conversion This map is for illus tr ation purpos es only. Page 150 Item 17. N3°41'38"W83.47'LOT 1 LOT 2 BLOCK ONE PROSPER CENTRAL ADDITION CABINET C, SLIDE 543 LOT 3 CALLED 0.510 ACRES JAMES L. & JOANNE RUCKER C.C. NO./93-0097845 0.664 ACRES J.W. CARPENTER C.C. NO. 20081103001287310 104 SEVENTH ST. 1 STORY METAL BUILDING 20' ALLEY GRASSNORTH COLEMAN STREETASPHALT PAVEMENTSEVENTH STREET ASPHALT PAVEMENT 1/2" IRF C.M. CAPPED 1/2" IRF C.M. CAPPED 1/2" IRF 1/2" IRF 1/2" IRF POINT OF BEGINNING BLOCK ONE PROSPER CENTRAL ADDITION CABINET C, SLIDE 543 BLOCK ONE PROSPER CENTRAL ADDITION CABINET C, SLIDE 543 MITCHELL ADDITION LOT 3A, BLOCK 3 TEMPLIN E L MITCHELL ADDITION LOT 3E, BLOCK 3 JAMES NICKEY LYNN & ANTHONY JAMES INSTRUMENT # 20130402000436050 MITCHELL ADDITION LOT 3D, BLOCK 3 ZARATE MARIO M AND IVAN R TARANGO JAMES JACKIE LADON ETAL VOL 94, PG 0077456 MITCHELL ADDITION (CPR) BLOCK 5 AND 6, ALL LOTS INSTR# 0174558 VOL. 5809, PG 5657 HPA TEXAS SUB 2017-1 LLC ABS 147 COLLIN COUNTY SCHOOL LAND #12 SURVEY, SHEET 7, TRACT 52, 0.35 ACS INSTR# 20170705000876610 MILAM RICHARD CHARLES & STACY ABS 147 COLLIN COUNTY SCHOOL LAND #12 SURVEY, SHEET 7, TRACT 181, 0.35 ACS INSTR # 19980512000477600, VOL. 4163, PG 1865 DALTON RUTH ROXANN & MICHAEL GLEN ABS 147 COLLIN COUNTY SCHOOL LAND #12 SURVEY, SHEET 7, TRACT 176, 0.321 ACS VOL. 95-, PG 0025008 671 671 671 672 672 672 672 673 673 674 674 673 673 673 673 675 675 LAND USE: VACANT RESIDENTIAL LOT FUTURE PLAN DESIGNATION: OLD TOWN DISTRICT ZONING: SF-15 SINGLE FAMILY LAND USE: RESIDENTIAL DUPLEX FUTURE PLAN DESIGNATION: OLD TOWN DISTRICT ZONING: SF-15 SINGLE FAMILY RESIDENTIAL LAND USE: RESIDENTIAL DUPLEX FUTURE PLAN DESIGNATION: OLD TOWN DISTRICT ZONING: SF-15 SINGLE FAMILY RESIDENTIALLAND USE: RESIDENTIAL/ VACANT COMMERCIAL FUTURE PLAN DESIGNATION: OLD TOWN DISTRICT ZONING: SF-15 SINGLE FAMILY LAND USE: VACANT RESIDENTIAL FUTURE PLAN DESIGNATION: OLD TOWN DISTRICT ZONING: SF-15 SINGLE FAMILY LAND USE: RESIDENTIAL MANUFACTUREDE HOME FUTURE PLAN DESIGNATION: OLD TOWN DISTRICT ZONING: SF-15 SINGLE FAMILY LAND USE: RESIDENTIAL/REAL COMMERCIAL FUTURE PLAN DESIGNATION: OLD TOWN DISTRICT ZONING: SF-15 SINGLE FAMILY LAND USE: RESIDENTIAL SINGLE FAMILY FUTURE PLAN DESIGNATION: OLD TOWN DISTRICT ZONING: SF-15 SINGLE FAMILY LAND USE: RESIDENTIAL SINGLE FAMILY FUTURE PLAN DESIGNATION: OLD TOWN DISTRICT ZONING: SF-15 SINGLE FAMILY LAND USE: RESIDENTIAL SINGLE FAMILY FUTURE PLAN DESIGNATION: OLD TOWN DISTRICT ZONING: SF-15 SINGLE FAMILY LAND USE: RESIDENTIAL SINGLE FAMILY FUTURE PLAN DESIGNATION: OLD TOWN DISTRICT ZONING: SF-15 SINGLE FAMILY 0.664 ACRES22'±24'±DATENo.REVISIONBYDATE: SHEET File No. 2018-014 04/27/2018 CHECKED:MAM DRAWN:JAH DESIGN:JAHSORENSEN PROSPER104 E 7TH ST.CITY OF PROSPER, COLLIN COUNTY,TEXAS1903 CENTRAL DR. #406PHONE: 817.281.0572BEDFORD, TX 76021 WWW.CLAYMOOREENG.COMPRELIMINARY CLAYMOORE ENGINEERING TEXAS REGISTRATION #14199 EX. A 0 GRAPHIC SCALE 1 inch = ft. 20 20 40 20 10 LEGEND PROPERTY BOUNDARY ADJACENT PROPERTY LINE VICINITY MAP N.T.S. ACCORDING TO MAP NO. 48085C02354J, DATED JUNE 2, 2009 OF THE NATIONAL FLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF COLLIN COUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERAL INSURANCE ADMINISTRATION, THIS PROPERTY IS WITHIN ZONE "X" (UNSHADED) AND IS NOT WITHIN A SPECIAL FLOOD HAZARD AREA. FLOODPLAIN NOTE BEGINNING AT A 1/2" IRON ROD FOUND FOR CORNER IN THE SOUTH ROW LINE OF SEVENTH STREET, SAID IRON ROD BEING AT THE NORTHEAST CORNER OF SAID 0.663 ACRE TRACT; THENCE S 00°15 '13" W A DISTANCE OF 139.67' TO A 1/2" IRON ROD FOUND FOR CORNER IN THE NORTH RIGHT OF WOY LINE OF A 20' ALLEY; THENCE 6ƒ :)2//2:,1*7+(1257+52:/,1(2)6$,'ALLEY A DISTANCE OF 202.70' TO A 1/2" IRON ROD FOUND FOR CORNER IN THE EAST RIGHT OF WAY LINE OF NORTH COLEMON STREET; THENCE 1ƒ  W FOLLOWING THE EAST ROW LINE OF NORTH COLEMAN STREET A DISTANCE OF 83.47' TO A CAPPED 1/2" IRON ROD FOUND FOR CORNER; THENCE 1ƒ :)2//2:,1*7+(($6752:/,1(2)1257+&2/(0$1675((7$ DISTANCE OF 56.47' TO A CAPPED 1/2" IRON ROD FOUND FOR CORNER AT THE INTERSECTION OF THE EAST ROW LINE OF NORTH COLEMAN STREET AND THE SOUTH ROW LINE OF SAID SEVENTH STREET; THENCE DUE EAST A DISTANCE O F 209.29' TO THE POINT OF BEGINNING AND CONTAINING 28,909 SQUARE FEET OR 0.664 ACRES OF LAND. COUNTY SURVEY:ABSTRACT NO. COLLIN COLLIN COUNTY SCHOOL LAND SURVEY 147 CITY:STATE: TOWN OF PROSPER TEXAS LEGAL DESCRIPTION: OWNER: APPLICANT: CLAYMOORE ENGINEERING, INC. 1903 CENTRAL DRIVE, SUITE #406 BEDFORD, TX 76021 PH: 817.281.0572 SURVEYOR: SURDUKAN SURVEYING, INC. P.O. BOX 126 ANNA, TEXAS 75409 PH: 972.924.8200 JEFF & CARA SORENSEN 2600 LAKEVIEW CT PROSPER, TX 75078 104 E SEVENTH STREET CONTACT NAME: JEFF SORENSEN CONTACT NAME: MATT MOORE CONTACT NAME: DAVID J. SURDUKAN ABS A0147 COLLIN COUNTY SCHOOL LAND #12 SURVEY, SHEET 7, TRACT 80, .662 ACRES SITECOLEMAN FIRST STREET N PRESTON RDW PROSPER TRAIL SEVENTH ST EXISTING ZONING: SF-15 (0.664 AC) PROPOSED ZONING: PD (DTO) (0.664 AC)ZONING EXHIBIT AZ21-0005 CASE NUMBERS: Page 151 Item 17. EXHIBIT B – STATEMENT OF INTENT AND PURPOSE March 22, 2021 Planning Dept. City of Prosper 407 E. 1st St. Prosper, Texas 75078 Re: PD Zoning Request 104 E Seventh Street Letter of Intent To whom it may concern, Please let this letter serve as the Letter of Intent for the PD Zoning request associated with the proposed development located at 104 E Seventh Street. The subject tract is currently zoned SF-15. The proposed space is 6,312 square feet. The specific PD standards requested as part of this submittal are further detailed in Exhibit C attached. Should you have any questions, please feel free to contact me. Sincerely, Claymoore Engineering, Inc. 301 S. Coleman, Suite 40 Prosper, TX 75078 817-281-0572 Thank you and please call if you have any comments or need additional information. Sincerely, Drew Donosky, P.E. Page 152 Item 17. Z21-0005 EXHIBIT “C" DEVELOPMENT STANDARDS Conformance with the Town’s Zoning Ordinance and Subdivision Ordinance: Except as otherwise set forth in these Development Standards, the regulations of the Town’s Zoning Ordinance (Ordinance No. 05-20), as it exists or may be amended, and the Subdivision Ordinance, as it exists or may be amended, shall apply. 1. Except as noted below, the Tract shall continue to be used in accordance with the Downtown Office (DTO) District, as it exists or may be amended. 2. Development Plans A. Conceptual Site Plan: The tract shall continue to be used in general accordance with the attached concept plan, set forth in Exhibit D. B. Building Elevations: The tract shaft continue to be used in general accordance with the attached façade plans, set forth in Exhibit F. C. Landscape Plan: The tract shaft continue to be used in general accordance with the attached landscape plan, set forth in Exhibit G. 3. Uses. Uses shall be permitted in accordance with the Downtown Office (DTO) District. Ordinance No. 19-78, Page 6 Page 153 Item 17. OHE OHE OHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEN3°41'38"W83.47'LOT 1 LOT 2 BLOCK ONE PROSPER CENTRAL ADDITION CABINET C, SLIDE 543 LOT 3 CALLED 0.510 ACRES JAMES L. & JOANNE RUCKER C.C. NO./93-0097845 0.664 ACRES J.W. CARPENTER C.C. NO. 20081103001287310 104 SEVENTH ST. 1 STORY METAL BUILDING 20' ALLEYNORTH COLEMAN STREETASPHALT PAVEMENTSEVENTH STREET ASPHALT PAVEMENT 1/2" IRF C.M. CAPPED 1/2" IRF C.M. CAPPED 1/2" IRF 1/2" IRF 1/2" IRF POINT OF BEGINNING BLOCK ONE PROSPER CENTRAL ADDITION CABINET C, SLIDE 543 BLOCK ONE PROSPER CENTRAL ADDITION CABINET C, SLIDE 543 MITCHELL ADDITION LOT 3A, BLOCK 3 TEMPLIN E L MITCHELL ADDITION LOT 3E, BLOCK 3 JAMES NICKEY LYNN & ANTHONY JAMES INSTRUMENT # 20130402000436050 MITCHELL ADDITION LOT 3D, BLOCK 3 ZARATE MARIO M AND IVAN R TARANGO JAMES JACKIE LADON ETAL VOL 94, PG 0077456 MITCHELL ADDITION (CPR) BLOCK 5 AND 6, ALL LOTS INSTR# 0174558 VOL. 5809, PG 5657 HPA TEXAS SUB 2017-1 LLC ABS 147 COLLIN COUNTY SCHOOL LAND #12 SURVEY, SHEET 7, TRACT 52, 0.35 ACS INSTR# 20170705000876610 MILAM RICHARD CHARLES & STACY ABS 147 COLLIN COUNTY SCHOOL LAND #12 SURVEY, SHEET 7, TRACT 181, 0.35 ACS INSTR # 19980512000477600, VOL. 4163, PG 1865 DALTON RUTH ROXANN & MICHAEL GLEN ABS 147 COLLIN COUNTY SCHOOL LAND #12 SURVEY, SHEET 7, TRACT 176, 0.321 ACS VOL. 95-, PG 0025008 671 671 671 672 672 672 672 673 673 674 674 673 673 673 673 675 675 LAND USE: VACANT RESIDENTIAL LOT FUTURE PLAN DESIGNATION: OLD TOWN DISTRICT ZONING: SF-15 SINGLE FAMILY LAND USE: RESIDENTIAL DUPLEX FUTURE PLAN DESIGNATION: OLD TOWN DISTRICT ZONING: SF-15 SINGLE FAMILY RESIDENTIAL LAND USE: RESIDENTIAL DUPLEX FUTURE PLAN DESIGNATION: OLD TOWN DISTRICT ZONING: SF-15 SINGLE FAMILY RESIDENTIALLAND USE: RESIDENTIAL/ VACANT COMMERCIAL FUTURE PLAN DESIGNATION: OLD TOWN DISTRICT ZONING: SF-15 SINGLE FAMILY LAND USE: VACANT RESIDENTIAL FUTURE PLAN DESIGNATION: OLD TOWN DISTRICT ZONING: SF-15 SINGLE FAMILY LAND USE: RESIDENTIAL MANUFACTUREDE HOME FUTURE PLAN DESIGNATION: OLD TOWN DISTRICT ZONING: SF-15 SINGLE FAMILY LAND USE: RESIDENTIAL/REAL COMMERCIAL FUTURE PLAN DESIGNATION: OLD TOWN DISTRICT ZONING: SF-15 SINGLE FAMILY LAND USE: RESIDENTIAL SINGLE FAMILY FUTURE PLAN DESIGNATION: OLD TOWN DISTRICT ZONING: SF-15 SINGLE FAMILY LAND USE: RESIDENTIAL SINGLE FAMILY FUTURE PLAN DESIGNATION: OLD TOWN DISTRICT ZONING: SF-15 SINGLE FAMILY LAND USE: RESIDENTIAL SINGLE FAMILY FUTURE PLAN DESIGNATION: OLD TOWN DISTRICT ZONING: SF-15 SINGLE FAMILY LAND USE: RESIDENTIAL SINGLE FAMILY FUTURE PLAN DESIGNATION: OLD TOWN DISTRICT ZONING: SF-15 SINGLE FAMILY 0.664 ACRES22'±EXISTING 8' BOARD ON BOARD WOOD FENCING TO REMAIN EXISTING POWER POLE TO BE RELOCATED 7'10'x10' CORNER CLIP 20'15' LANDSCAPE EASEMENT R10'R1 0 ' R 3 ' R1 0 'R10' EXISTING BUILDING PROP PAVEMENT TRANSITION 9' 9 '26.87'20'41.4'19'5'x5' CORNER CLIP 5' LANDSCAPE SETBACK 7'17.63'7'17.63' 100.5'50.3'PROP EXPANSION PROP EXPANSION 84' 20'24' 24' 178.1'20'9'R3'R 3 ' R 3 ' R10' R3 ' R3'20'45.88'5'10' 8'22'R3 ' R3' R2 0 ' R20'DATENo.REVISIONBYDATE: SHEET File No. 2018-014 04/27/2018 CHECKED:MAM DRAWN:JAH DESIGN:JAHSORENSEN PROSPER104 E 7TH ST.CITY OF PROSPER, COLLIN COUNTY,TEXAS1903 CENTRAL DR. #406PHONE: 817.281.0572BEDFORD, TX 76021 WWW.CLAYMOOREENG.COMTEXAS REGISTRATION #14199 PRELIMINARY CLAYMOORE ENGINEERING EX. D 0 GRAPHIC SCALE 1 inch = ft. 20 20 40 20 10 LEGEND PROPERTY BOUNDARY ADJACENT PROPERTY LINE VICINITY MAP N.T.S. ACCORDING TO MAP NO. 48085C02354J, DATED JUNE 2, 2009 OF THE NATIONAL FLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF COLLIN COUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERAL INSURANCE ADMINISTRATION, THIS PROPERTY IS WITHIN ZONE "X" (UNSHADED) AND IS NOT WITHIN A SPECIAL FLOOD HAZARD AREA. FLOODPLAIN NOTE BEGINNING AT A 1/2" IRON ROD FOUND FOR CORNER IN THE SOUTH ROW LINE OF SEVENTH STREET, SAID IRON ROD BEING AT THE NORTHEAST CORNER OF SAID 0.663 ACRE TRACT; THENCE S 00°15 '13" W A DISTANCE OF 139.67' TO A 1/2" IRON ROD FOUND FOR CORNER IN THE NORTH RIGHT OF WOY LINE OF A 20' ALLEY; THENCE 6ƒ :)2//2:,1*7+(1257+52:/,1(2)6$,'ALLEY A DISTANCE OF 202.70' TO A 1/2" IRON ROD FOUND FOR CORNER IN THE EAST RIGHT OF WAY LINE OF NORTH COLEMON STREET; THENCE 1ƒ  W FOLLOWING THE EAST ROW LINE OF NORTH COLEMAN STREET A DISTANCE OF 83.47' TO A CAPPED 1/2" IRON ROD FOUND FOR CORNER; THENCE 1ƒ :)2//2:,1*7+(($6752:/,1(2)1257+&2/(0$1675((7$ DISTANCE OF 56.47' TO A CAPPED 1/2" IRON ROD FOUND FOR CORNER AT THE INTERSECTION OF THE EAST ROW LINE OF NORTH COLEMAN STREET AND THE SOUTH ROW LINE OF SAID SEVENTH STREET; THENCE DUE EAST A DISTANCE O F 209.29' TO THE POINT OF BEGINNING AND CONTAINING 28,909 SQUARE FEET OR 0.664 ACRES OF LAND. COUNTY SURVEY:ABSTRACT NO. COLLIN COLLIN COUNTY SCHOOL LAND SURVEY 147 CITY:STATE: TOWN OF PROSPER TEXAS LEGAL DESCRIPTION: OWNER: APPLICANT: CLAYMOORE ENGINEERING, INC. 1903 CENTRAL DRIVE, SUITE #406 BEDFORD, TX 76021 PH: 817.281.0572 SURVEYOR: SURDUKAN SURVEYING, INC. P.O. BOX 126 ANNA, TEXAS 75409 PH: 972.924.8200 JEFF & CARA SORENSEN 2600 LAKEVIEW CT PROSPER, TX 75078 104 E SEVENTH STREET CONTACT NAME: JEFF SORENSEN CONTACT NAME: MATT MOORE CONTACT NAME: DAVID J. SURDUKAN ABS A0147 COLLIN COUNTY SCHOOL LAND #12 SURVEY, SHEET 7, TRACT 80, .662 ACRES SITE EXISTING ZONING: SF-15 (0.664 AC) PROPOSED ZONING: PD (DTO) (0.664 AC)ZONING EXHIBIT DZ21-0005 CASE NUMBERS: LEGEND EXISTING CONCRETE PAVEMENT LIGHT DUTY CONCRETE PAVEMENT SIDEWALK PAVEMENT PROPOSED CONCRETE CURB AND GUTTER PROPERTY LINE COLEMAN ULTIMATE BUILD OUT NORTH COLEMAN ULTIMATE BUILD SECTION NOTE: 1.THE EXACT ALIGNMENT OF SEVENTH STREET WEST OF COLEMAN STREET TO BE DETERMINED WITH FUTURE DEVELOPMENT 1/250 SF Page 154 Item 17. Exhibit E – 104 E Seventh Street Development Schedule Below is an anticipated project schedule for the proposed 104 E. Seventh Street Development Schedule in accordance with the submittal checklist. This schedule is conceptual and subject to change based on permitting/entitlements. Once obtained, then the permitting approvals will start with the Town. Zoning Submittal to Town – March 2021 Zoning Approval from Town – October 2021 Final Site Plan Submittal to Town – December 2021 Final Site Plan Approval from Town – January 2022 Submit Building Permit – February 2022 Final Engineering Approval from Town – February 2022 Building Permit Issuance – March 2022 Start Construction – March 2022 Construction Complete – October 2022 Thank you and please call if you have any comments or need additional information. Sincerely, Drew Donosky, P.E. Page 155 Item 17. Page 156Item 17. LOT 1 LOT 2 BLOCK ONE PROSPER CENTRAL ADDITION CABINET C, SLIDE 543 LOT 3 CALLED 0.510 ACRES JAMES L. & JOANNE RUCKER C.C. NO./93-0097845 0.664 ACRES J.W. CARPENTER C.C. NO. 20081103001287310 104 SEVENTH ST. 1 STORY METAL BUILDING 20' ALLEYNORTH COLEMAN STREETASPHALT PAVEMENTSEVENTH STREET ASPHALT PAVEMENT 1/2" IRF C.M. CAPPED 1/2" IRF C.M. CAPPED 1/2" IRF 1/2" IRF 1/2" IRF POINT OF BEGINNING CONCRETE PAVEMENT CONCRETE PAVEMENT CONCRETE PAVEMENT 100.5'50.3'BLOCK ONE PROSPER CENTRAL ADDITION CABINET C, SLIDE 543 BLOCK ONE PROSPER CENTRAL ADDITION CABINET C, SLIDE 543 MITCHELL ADDITION LOT 3A, BLOCK 3 671 672 672 672 673 673 674 674 673 673 673 673 DATENo.REVISIONBYDATE: SHEET File No. 2018-014 03/21/2021 CHECKED:JMV DRAWN:JMV DESIGN:JMVSORENSEN PROSPER104 E 7TH ST.CITY OF PROSPER, COLLIN COUNTY,TEXAS1903 CENTRAL DR. #406PHONE: 817.281.0572BEDFORD, TX 76021 WWW.CLAYMOOREENG.COMTEXAS REGISTRATION #14199 (800) 680-6630 15455 Dallas Pkwy., Ste 600 Addison, TX 75001 www.EvergreenDesignGroup.com EVERGREEN D E S I G N G R O U P .HI H IC S STERC CTTESAEETST AIREG 73 O F 5 3 ET XE R LDRE CAANDS M EP A P LEY09-03-2021 LANDSCAPE PLANTING LP-1 Scale 1" = 20' 10'40'20'0' PLANTING SCHEDULE BOTANIC NAMESYMBOL COMMON NAME MIN. SIZE SPACING QUANTITY REMARKS TREES Tifway Hybrid Bermuda GrassCynodon 'Tifway 419' NOTE: ALL TREES SHALL BE CONTAINER-GROWN, CONTAINER SIZE AS APPROPRIATE FOR THE CALIPER SPECIFIED. SEE SPECIFICATIONS FOR PROPER ROOT QUALITY. - - -- - -Sod 224' o.c.Dwarf Burford Holly #5 cont.Ilex cornuta 'Dwarf Burfordii'ILCO TURF SHRUBS AND PERENNIALS 395' o.c.Green Cloud Texas Sage #5 cont.Leucophyllum frutescens 'Green Cloud'LEFR MULCHES AFTER ALL PLANTING IS COMPLETE, CONTRACTOR SHALL INSTALL 3" THICK LAYER OF 1" RIVER ROCK MULCH, BEIGE COLOR, IN ALL PLANTING AREAS (EXCEPT FOR TURF AND SEEDED AREAS). CONTRACTOR SHALL SUBMIT SAMPLES OF ALL MULCHES TO LANDSCAPE ARCHITECT AND OWNER FOR APPROVAL PRIOR TO CONSTRUCTION. ABSOLUTELY NO EXPOSED GROUND SHALL BE LEFT SHOWING ANYWHERE ON THE PROJECT AFTER MULCH HAS BEEN INSTALLED (SUBJECT TO THE CONDITIONS AND REQUIREMENTS OF THE "GENERAL GRADING AND PLANTING NOTES" AND SPECIFICATIONS). 5Per planChinkapin Oak 3" cal., 7' min. highQuercus muehlenbergiiQMCO 6Per planTexas Red Oak 3" cal., 7' min. highQuercus buckleyiQUBU 14Per planCedar Elm 3" cal., 7' min. highUlmus crassifoliaULCR LEGEND PROPERTY BOUNDARY PROPERTY BOUNDARY PROPERTY BOUNDARY PROPERTY BOUNDARY EXISTING LANDSCAPING TO REMAIN. PROTECT DURING CONSTRUCTION. REPAIR ANY PORTIONS DAMAGED DURING CONSTRUCTION PER GENERAL STANDARDS SECTION 2.5, A TREE'S CALIPER IS MEASURED 12" ABOVE NATURAL SOIL LEVEL. PROPERTY LINE: 209' 1 LARGE \TREE REQ'D / 40' = 6 TREES REQUIRED 6 PROVIDED PROPERTY LINE: 140' 1 LARGE DECIDUOUS TREE REQ'D / 30' = 5 TREES REQUIRED 5 PROVIDED 5 CLBB 5 QMCO 1 ULCR 1 ULCR 1 ULCR 12 LEFR 1 ULCR COMMERCIAL PROJECT RESIDENTIAL ZONE RESIDENTIAL ZONE RESIDENTIAL ZONE RESIDENTIAL ZONE ADJACENT PARCELS TO NORTH: RESIDENTIAL ZONE ADJACENT PARCELS TO WEST: RESIDENTIAL ZONE PROPOSED OVERHEAD POWERLINES PLANTING AND IRRIGATION GUARANTEE THE LANDSCAPE CONTRACTOR SHALL GUARANTEE THAT ALL NEWLY INSTALLED AND EXISTING PLANTS SHALL SURVIVE FOR ONE YEAR AFTER FINAL OWNER ACCEPTANCE OF THE INSTALLATION WORK. THE CONTRACTOR SHALL ALSO BE RESPONSIBLE FOR APPROPRIATE WATER OF THE LANDSCAPE THROUGH INSTALLATION OF A PROPERLY DESIGNED IRRIGATION SYSTEM. THE OWNER SHALL APPROVE THE SYSTEM DESIGN BEFORE INSTALLATION OF PLANTS OR IRRIGATION. CITY OF PROSPER STANDARD PLANTING NOTES 1.PLANT MATERIAL SHALL BE MEASURED AND SIZED ACCORDING TO THE LATEST EDITION OF THE TEXAS NURSERY & LANDSCAPE ASSOCIATION (TNLA) SPECIFICATIONS, GRADES AND STANDARDS. 2.ALL PLANT SUBSTITUTIONS ARE SUBJECT TO TOWN APPROVAL AND MUST BE SPECIFIED ON THE APPROVED LANDSCAPE PLAN. 3.ALL TURF AREAS TO BE ESTABLISHED PRIOR TO THE CERTIFICATE OF OCCUPANCY, UNLESS OTHERWISE APPROVED BY THE TOWN. 4.GROUND COVERS USED IN LIEU OF TURF GRASS MUST PROVIDE COVERAGE WITHIN ONE (1) YEAR OF PLANTING AND MAINTAIN ADEQUATE COVERAGE AS APPROVED BY THE TOWN. 5.TREES MUST BE PLANTING FOUR (4) FEET OR GREATER FROM CURBS, SIDEWALKS, UTILITY LINES, SCREENING WALLS, AND/OR OTHER HEALTHY ROOT GROWTH. 6.TREE PITS SHALL HAVE ROUGHENED SIDES AND BE TWO TO THREE TIMES WIDER THAN THE ROOT BALL OF THE TREE IN ORDER TO FACILITATE HEALTHY ROOT GROWTH. 7.TREE PITS SHALL BE TESTED FOR WATER PERCOLATION. IF WATER DOES NOT DRAIN OUT OF TREE PIT WITHIN A 24-HOUR PERIOD, THE CONTRACTOR SHALL PROVIDE BERMING, OR DEVICE ALTERNATIVE DRAINAGE. 8.TREES SHALL NOT BE PLANTED DEEPER THAN THE BASE OF THE 'TRUNK FLARE'. 9.THE TREE PIT SHALL BE BACKFILLED WITH NATIVE TOPSOIL FREE OF ROCK AND OTHER DEBRIS. 10.BURLAP, TWINE, AND WIRE BASKETS SHALL BE LOOSENED AND PULLED BACK FROM THE TRUNK OF TREE AS MUCH AS POSSIBLE. 11.TREES SHALL NOT BE WATERED TO EXCESS THAT RESULTS IN SOIL SATURATION. IF SOIL BECOMES SATURATED, THE WATERING SCHEDULE SHALL BE ADJUSTED TO ALLOW FOR DRAINAGE AND ABSORPTION OF THE EXCESS WATER. 12.A 3-4" LAYER OF MULCH SHALL BE PROVIDED AROUND THE BASE OF THE PLANTED TREE. THE MULCH SHALL BE PULLED BACK 1-2" FROM THE TRUNK OF THE TREE. 13.NO PERSON(S) OR ENTITY MAY USE IMPROPER OR MALICIOUS MAINTENANCE OR PRUNING TECHNIQUES WHICH WOULD LIKELY LEAD TO THE DEATH OF THE TREE. IMPROPER OR MALICIOUS TECHNIQUES INCLUDE, BUT ARE NOT LIMITED TO, TOPPING OR OTHER UNSYMMETRICAL TRIMMING OF TREES, TRIMMING TREES WITH A BACKHOE, OR USE OF FIRE OR POISON TO CAUSE THE DEATH OF A TREE. 14.TOPSOIL SHALL BE A MINIMUM OF EIGHT (8) INCHES IN DEPTH IN PLANTING AREAS. SOIL SHALL BE FREE OF STONES, ROOTS, AND CLODS AND ANY OTHER FOREIGN MATERIAL THAT IS NOT BENEFICIAL FOR PLANT GROWTH. 15.ALL PLANT BEDS SHALL BE TOP-DRESED WITH A MINIMUM OF THREE (3) INCHES OF MULCH. 16.TREES OVERHANGING WALKS AND PARKING AREAS SHALL HAVE A MINIMUM CLEAR TRUNK HEIGHT OF SEVEN (7) FEET. TREES OVERHANGING PUBLIC STREET PAVEMENT DRIVE AISLES AND FIRE LANES SHALL HAVE A MINIMUM CLEAR TRUNK HEIGHT OF FOURTEEN (14) FEET. 17.A VISIBILITY TRIANGLE MUST BE PROVIDED AT ALL INTERSECTIONS, WHERE SHRUBS ARE NOT TO EXCEED THIRTY (30) INCHES IN HEIGHT, AND TREES SHALL HAVE A MINIMUM CLEAR TRUNK HEIGHT OF NINE (9) FEET. 18.TREES PLANTED ON A SLOPE SHALL HAVE THE TREE WELL AT THE AVERAGE GRADE OF SLOPE. 19.NO SHRUBS SHALL BE PERMITTED WITHIN AREAS LESS THAN THREE (3) IN WIDTH. ALL BEDS LESS THAN THREE (3) FEET IN WIDTH SHALL BE GRASS, GROUNDCOVER, OR SOME TYPE OF FIXED PAVING. 20.THE OWNER, TENANT, AND/OR THEIR AGENTS, IF ANY, SHALL BE JOINTLY AND SEVERALLY RESPONSIBLE FOR THE MAINTENANCE, ESTABLISHMENT, AND PERMANENCE OF PLANT MATERIAL. ALL LANDSCAPING SHALL BE MAINTAINED IN A NEAT AND ORDERLY MANNER AT ALL TIMES. THIS SHALL INCLUDE, BUT NOT LIMITED TO, MOWING, EDGING, PRUNING, FERTILIZING, WATERING, AND OTHER ACTIVITIES NECESSARY FOR THE MAINTENANCE OF LANDSCAPED AREAS. 21.ALL PLANT MATERIAL SHALL BE MAINTAINED IN A HEALTHY AND GROWING CONDITION AS IS APPROPRIATE FOR THE SEASON OF THE YEAR. PLANT MATERIAL THAT IS DAMAGED, DESTROYED, OR REMOVED SHALL BE REPLACED WITH PLANT MATERIAL OF SIMILAR SIZE AND VARIETY WITHIN THIRTY (30) DAYS UNLESS OTHERWISE APPROVED BY THE TOWN OF PROSPER. 22.LANDSCAPE AND OPEN AREAS SHALL BE KEPT FREE OF TRASH, LITTER, AND WEEDS. 23.AN AUTOMATIC IRRIGATION SYSTEM SHALL BE PROVIDED TO IRRIGATE ALL LANDSCAPE AREAS. OVERSPRAY ON STREETS AND WALKS IS PROHIBITED. A PERMIT FROM THE BUILDING INSPECTION DIVISION IS REQUIRED FOR EACH IRRIGATION SYSTEM. 24.NO PLANT MATERIAL SHALL BE ALLOWED TO ENCROACH ON RIGHT-OF-WAY, SIDEWALKS, OR EASEMENTS TO THE EXTENT THAT THE VISION OR ROUTE OF TRAVEL FOR VEHICULAR, PEDESTRIAN, OR BICYCLE TRAFFIC IS IMPEDED. 25.NO PLANTING AREAS SHALL EXCEED 3:1 SLOPE (3 FT HORIZONTAL TO 1 FT VERTICAL). STREET FRONTAGE: SEVENTH ST:209 LF LARGE 3" CALIPER TREES REQUIRED:6 TREES (1 TREE/40 LF) LARGE 3" CALIPER TREES PROVIDED:6 N COLEMAN ST:136 LF LARGE 3" CALIPER TREES REQUIRED:4 TREES (1 TREE/40 LF) LARGE 3" CALIPER TREES PROVIDED:4 MEDIAN PLANTINGS: N COLEMAN ST:136 LF LARGE 3" CALIPER TREES REQUIRED:2 TREES (1 TREE/70 LF) LARGE 3" CALIPER TREES PROVIDED:2 PARKING LOT TOTAL PARKING SPACES:22 REQUIRED INTERIOR LANDSCAPE AREA:440 SF (20 SF / PARKING SPACE) PROVIDED INTERIOR LANDSCAPE AREA:1,290 SF 1 TREE PROVIDED AT THE TERMINUS OF EACH PARKING BAY ADDITIONAL SHRUBS PROVIDED AS A SOLID LIVING SCREEN PERIMETER LANDSCAPE EAST PROPERTY LINE 138 LF TREES REQUIRED (1 ORNAMENTAL TREE / 30 LF):5 TREES PROVIDED:5 SHRUBS REQUIRED (1 SHRUBS/15 LF):9 SHRUBS PROVIDED:24 LANDSCAPE CALCULATIONS 6 QUBU 5Per planDesert Willow 3" cal., 7' min. high Chilopsis linearis ‘Bubba’CLBB 14 ILCO *MEDIAN TREES TO BE PLANTED ONCE MEDIAN IS COMPLETED LANDSCAPE SETBACK 24"-36" ht. 24"-36" ht. 2 ULCR 4 ULCR TREE GRATE, TYP. The exact location of trees wells to be determined by the Parks Department at the time of the Site Plan. Page 157 Item 17. DATENo.REVISIONBYDATE: SHEET File No. 2018-014 03/21/2021 CHECKED:JMV DRAWN:JMV DESIGN:JMVSORENSEN PROSPER104 E 7TH ST.CITY OF PROSPER, COLLIN COUNTY,TEXAS1903 CENTRAL DR. #406PHONE: 817.281.0572BEDFORD, TX 76021 WWW.CLAYMOOREENG.COMTEXAS REGISTRATION #14199 (800) 680-6630 15455 Dallas Pkwy., Ste 600 Addison, TX 75001 www.EvergreenDesignGroup.com EVERGREEN D E S I G N G R O U P .HI H IC S STERC CTTESAEETST AIREG 73 O F 5 3 ET XE R LDRE CAANDS M EP A P LEY09-03-2021 PLANT SPACING SCALE: NTSD 4 X 2X 3 2 1 5 6 7 4 1 2 3 SHRUB, PERENNIAL, OR ORNAMENTAL GRASS. MULCH, TYPE AND DEPTH PER PLANS. PLACE NO MORE THAN 1" OF MULCH WITHIN 6" OF PLANT CENTER. FINISH GRADE. BACKFILL. AMEND AND FERTILIZE ONLY AS RECOMMENDED IN SOIL FERTILITY ANALYSIS. ROOT BALL. UNDISTURBED NATIVE SOIL. 3" HIGH EARTHEN WATERING BASIN. 5 6 SHRUB AND PERENNIAL PLANTING SCALE: NTSB 8 WEED FABRIC UNDER MULCH. TURF (WHERE SHOWN ON PLAN).4 PLANT.3 MULCH LAYER.2 CURB.1 1 432 OF MATURE CANOPY 24" MIN. TO EDGE DISTANCE PER PLAN A SCALE: NOT TO SCALE PLANTING AT PARKING AREA TREE PLANTING SCALE: NOT TO SCALEC PLANT CENTER (TYP.)EQUALEQUALEQUALEDGE OF PLANTING AREA EQUAL NOTE: ALL PLANTS SHALL BE PLANTED AT EQUAL TRIANGULAR SPACING (EXCEPT WHERE SHOWN ON PLANS AS INFORMAL GROUPINGS). REFER TO PLANT LEGEND FOR SPACING DISTANCE BETWEEN PLANTS. 1) STEP 1: DETERMINE TOTAL PLANTS FOR THE AREA WITH THE FOLLOWING FORMULA: TOTAL AREA / AREA DIVIDER = TOTAL PLANTS PLANT SPACING AREA DIVIDER PLANT SPACING AREA DIVIDER 6"0.22 18"1.95 8"0.39 24"3.46 10"0.60 30"5.41 12"0.87 36"7.79 15"1.35 2) STEP 2: SUBTRACT THE ROW (S) OF PLANTS THAT WOULD OCCUR AT THE EDGE OF THE PLANTED AREA WITH THE FOLLOWING FORMULA: TOTAL PERIMETER LENGTH / PLANT SPACING = TOTAL PLANT SUBTRACTION EXAMPLE: PLANTS AT 18" O.C. IN 100 SF PLANTING AREA, 40 LF PERIMETER STEP 1: 100 SF/1.95 = 51 PLANTS STEP 2: 51 PLANTS - (40 LF / 1.95 = 21 PLANTS) = 30 PLANTS TOTAL 5 6 7 4 1 8 9 11 10 12 PREVAILING WINDS NOTES: 1.SCARIFY SIDES OF PLANTING PIT PRIOR TO SETTING TREE. 2.REMOVE EXCESS SOIL APPLIED ON TOP OF THE ROOTBALL THAT COVERS THE ROOT FLARE. THE PLANTING HOLE DEPTH SHALL BE SUCH THAT THE ROOTBALL RESTS ON UNDISTURBED SOIL, AND THE ROOT FLARE IS 2"-4" ABOVE FINISH GRADE. 3.FOR B&B TREES, CUT OFF BOTTOM 1/3 OF WIRE BASKET BEFORE PLACING TREE IN HOLE, CUT OFF AND REMOVE REMAINDER OF BASKET AFTER TREE IS SET IN HOLE, REMOVE ALL NYLON TIES, TWINE, ROPE, AND OTHER PACKING MATERIAL. REMOVE AS MUCH BURLAP FROM AROUND ROOTBALL AS IS PRACTICAL. 4.REMOVE ALL NURSERY STAKES AFTER PLANTING. 5.FOR TREES 36" BOX/2.5" CAL. AND LARGER, USE THREE STAKES OR DEADMEN (AS APPROPRIATE), SPACED EVENLY AROUND TREE. 6.STAKING SHALL BE TIGHT ENOUGH TO PREVENT TRUNK FROM BENDING, BUT LOOSE ENOUGH TO ALLOW SOME TRUNK MOVEMENT IN WIND. 1 2 3 TREE CANOPY. CINCH-TIES (24" BOX/2" CAL. TREES AND SMALLER) OR 12 GAUGE GALVANIZED WIRE WITH NYLON TREE STRAPS AT TREE AND STAKE (36" BOX/2.5" CAL. TREES AND LARGER). SECURE TIES OR STRAPS TO TRUNK JUST ABOVE LOWEST MAJOR BRANCHES. GREEN STEEL T-POSTS. EXTEND POSTS 12" MIN. INTO UNDISTURBED SOIL. 24" X 3/4" P.V.C. MARKERS OVER WIRES. PRESSURE-TREATED WOOD DEADMAN, TWO PER TREE (MIN.). BURY OUTSIDE OF PLANTING PIT AND 18" MIN. INTO UNDISTURBED SOIL. MULCH, TYPE AND DEPTH PER PLANS. DO NOT PLACE MULCH WITHIN 6" OF TRUNK. FINISH GRADE. BACKFILL. AMEND AND FERTILIZE ONLY AS RECOMMENDED IN SOIL FERTILITY ANALYSIS. ROOT BALL. UNDISTURBED NATIVE SOIL. 4" HIGH EARTHEN WATERING BASIN. TRUNK FLARE. CONIFEROUS TREE PREVAILING WINDS STAKING EXAMPLES (PLAN VIEW) 2 4 6 7 8 9 10 11 1 4 3X ROOTBALL DIA. 5 12 NON-CONIFEROUS TREE 13 13 FINISH GRADE. LANDSCAPE DETAILS & SPECS LP-2 PLANTING SPECIFICATIONS GENERAL A.QUALIFICATIONS OF LANDSCAPE CONTRACTOR 1.ALL LANDSCAPE WORK SHOWN ON THESE PLANS SHALL BE PERFORMED BY A SINGLE FIRM SPECIALIZING IN LANDSCAPE PLANTING. 2.A LIST OF SUCCESSFULLY COMPLETED PROJECTS OF THIS TYPE, SIZE AND NATURE MAY BE REQUESTED BY THE OWNER FOR FURTHER QUALIFICATION MEASURES. 3.THE LANDSCAPE CONTRACTOR SHALL HOLD A VALID NURSERY AND FLORAL CERTIFICATE ISSUED BY THE TEXAS DEPARTMENT OF AGRICULTURE, AS WELL AS OPERATE UNDER A COMMERCIAL PESTICIDE APPLICATOR LICENSE ISSUED BY EITHER THE TEXAS DEPARTMENT OF AGRICULTURE OR THE TEXAS STRUCTURAL PEST CONTROL BOARD. B.SCOPE OF WORK 1.WORK COVERED BY THESE SECTIONS INCLUDES THE FURNISHING AND PAYMENT OF ALL MATERIALS, LABOR, SERVICES, EQUIPMENT, LICENSES, TAXES AND ANY OTHER ITEMS THAT ARE NECESSARY FOR THE EXECUTION, INSTALLATION AND COMPLETION OF ALL WORK, SPECIFIED HEREIN AND / OR SHOWN ON THE LANDSCAPE PLANS, NOTES, AND DETAILS. 2.ALL WORK SHALL BE PERFORMED IN ACCORDANCE WITH ALL APPLICABLE LAWS, CODES AND REGULATIONS REQUIRED BY AUTHORITIES HAVING JURISDICTION OVER SUCH WORK, INCLUDING ALL INSPECTIONS AND PERMITS REQUIRED BY FEDERAL, STATE AND LOCAL AUTHORITIES IN SUPPLY, TRANSPORTATION AND INSTALLATION OF MATERIALS. 3.THE LANDSCAPE CONTRACTOR SHALL VERIFY THE LOCATION OF ALL UNDERGROUND UTILITY LINES (WATER, SEWER, ELECTRICAL, TELEPHONE, GAS, CABLE, TELEVISION, ETC.) PRIOR TO THE START OF ANY WORK. PRODUCTS A.ALL MANUFACTURED PRODUCTS SHALL BE NEW. B.CONTAINER AND BALLED-AND-BURLAPPED PLANTS: 1.FURNISH NURSERY-GROWN PLANTS COMPLYING WITH ANSI Z60.1-2014. PROVIDE WELL-SHAPED, FULLY BRANCHED, HEALTHY, VIGOROUS STOCK FREE OF DISEASE, INSECTS, EGGS, LARVAE, AND DEFECTS SUCH AS KNOTS, SUN SCALD, INJURIES, ABRASIONS, AND DISFIGUREMENT. ALL PLANTS WITHIN A SPECIES SHALL HAVE SIMILAR SIZE, AND SHALL BE OF A FORM TYPICAL FOR THE SPECIES. ALL TREES SHALL BE OBTAINED FROM SOURCES WITHIN 200 MILES OF THE PROJECT SITE, AND WITH SIMILAR CLIMACTIC CONDITIONS. 2.ROOT SYSTEMS SHALL BE HEALTHY, DENSELY BRANCHED ROOT SYSTEMS, NON-POT-BOUND, FREE FROM ENCIRCLING AND/OR GIRDLING ROOTS, AND FREE FROM ANY OTHER ROOT DEFECTS (SUCH AS J-SHAPED ROOTS). 3.TREES MAY BE PLANTED FROM CONTAINERS OR BALLED-AND-BURLAPPED (B&B), UNLESS SPECIFIED ON THE PLANTING LEGEND. BARE-ROOT TREES ARE NOT ACCEPTABLE. 4.ANY PLANT DEEMED UNACCEPTABLE BY THE LANDSCAPE ARCHITECT OR OWNER SHALL BE IMMEDIATELY REMOVED FROM THE SITE AND SHALL BE REPLACED WITH AN ACCEPTBLE PLANT OF LIKE TYPE AND SIZE AT THE CONTRACTOR'S OWN EXPENSE. ANY PLANTS APPEARING TO BE UNHEALTHY, EVEN IF DETERMINED TO STILL BE ALIVE, SHALL NOT BE ACCEPTED. THE LANDSCAPE ARCHITECT AND OWNER SHALL BE THE SOLE JUDGES AS TO THE ACCEPTABILITY OF PLANT MATERIAL. 5.ALL TREES SHALL BE STANDARD IN FORM, UNLESS OTHERWISE SPECIFIED. TREES WITH CENTRAL LEADERS WILL NOT BE ACCEPTED IF LEADER IS DAMAGED OR REMOVED. PRUNE ALL DAMAGED TWIGS AFTER PLANTING. 6.CALIPER MEASUREMENTS FOR STANDARD (SINGLE TRUNK) TREES SHALL BE AS FOLLOWS: TWELVE INCHES ABOVE THE ROOT FLARE FOR TREES UP TO AND INCLUDING FOUR INCHES IN CALIPER, AND TWELVE INCHES ABOVE THE ROOT FLARE FOR TREES EXCEEDING FOUR INCHES IN CALIPER. 7.MULTI-TRUNK TREES SHALL BE MEASURED BY THEIR OVERALL HEIGHT, MEASURED FROM THE TOP OF THE ROOT BALL. WHERE CALIPER MEASUREMENTS ARE USED, THE CALIPER SHALL BE CALCULATED AS ONE-HALF OF THE SUM OF THE CALIPER OF THE THREE LARGEST TRUNKS. 8.ANY TREE OR SHRUB SHOWN TO HAVE EXCESS SOIL PLACED ON TOP OF THE ROOT BALL, SO THAT THE ROOT FLARE HAS BEEN COMPLETELY COVERED, SHALL BE REJECTED. C.SOD: PROVIDE WELL-ROOTED SOD OF THE VARIETY NOTED ON THE PLANS. SOD SHALL BE CUT FROM HEALTHY, MATURE TURF WITH SOIL THICKNESS OF 3/4" TO 1". EACH PALLET OF SOD SHALL BE ACCOMPANIED BY A CERTIFICATE FROM SUPPLIER STATING THE COMPOSITION OF THE SOD. D.TOPSOIL: SANDY TO CLAY LOAM TOPSOIL, FREE OF STONES LARGER THAN ½ INCH, FOREIGN MATTER, PLANTS, ROOTS, AND SEEDS. E.COMPOST: WELL-COMPOSTED, STABLE, AND WEED-FREE ORGANIC MATTER, pH RANGE OF 5.5 TO 8; MOISTURE CONTENT 35 TO 55 PERCENT BY WEIGHT; 100 PERCENT PASSING THROUGH 3/4-INCH SIEVE; SOLUBLE SALT CONTENT OF 5 TO 10 DECISIEMENS/M; NOT EXCEEDING 0.5 PERCENT INERT CONTAMINANTS AND FREE OF SUBSTANCES TOXIC TO PLANTINGS. NO MANURE OR ANIMAL-BASED PRODUCTS SHALL BE USED. F.FERTILIZER: GRANULAR FERTILIZER CONSISTING OF NITROGEN, PHOSPHORUS, POTASSIUM, AND OTHER NUTRIENTS IN PROPORTIONS, AMOUNTS, AND RELEASE RATES RECOMMENDED IN A SOIL REPORT FROM A QUALIFIED SOIL-TESTING AGENCY (SEE BELOW). G.MULCH: SIZE AND TYPE AS INDICATED ON PLANS, FREE FROM DELETERIOUS MATERIALS AND SUITABLE AS A TOP DRESSING OF TREES AND SHRUBS. H.TREE STAKING AND GUYING 1.STAKES: 6' LONG GREEN METAL T-POSTS. 2.GUY AND TIE WIRE: ASTM A 641, CLASS 1, GALVANIZED-STEEL WIRE, 2-STRAND, TWISTED, 0.106 INCH DIAMETER. 3.STRAP CHAFING GUARD: REINFORCED NYLON OR CANVAS AT LEAST 1-1/2 INCH WIDE, WITH GROMMETS TO PROTECT TREE TRUNKS FROM DAMAGE. I.STEEL EDGING: PROFESSIONAL STEEL EDGING, 14 GAUGE THICK X 4 INCHES WIDE, FACTORY PAINTED DARK GREEN. ACCEPTABLE MANUFACTURERS INCLUDE COL-MET OR APPROVED EQUAL. J.PRE-EMERGENT HERBICIDES: ANY GRANULAR, NON-STAINING PRE-EMERGENT HERBICIDE THAT IS LABELED FOR THE SPECIFIC ORNAMENTALS OR TURF ON WHICH IT WILL BE UTILIZED. PRE-EMERGENT HERBICIDES SHALL BE APPLIED PER THE MANUFACTURER'S LABELED RATES. METHODS A.SOIL PREPARATION 1.BEFORE STARTING WORK, THE LANDSCAPE CONTRACTOR SHALL VERIFY THAT THE GRADE OF ALL LANDSCAPE AREAS ARE WITHIN +/-0.1' OF FINISH GRADE. THE CONTRACTOR SHALL NOTIFY THE OWNER IMMEDIATELY SHOULD ANY DISCREPANCIES EXIST. 2.SOIL TESTING: a.AFTER FINISH GRADES HAVE BEEN ESTABLISHED, CONTRACTOR SHALL HAVE SOIL SAMPLES FROM THE PROJECT'S LANDSCAPE AREAS TESTED BY AN ESTABLISHED SOIL TESTING LABORATORY. EACH SAMPLE SUBMITTED TO THE LAB SHALL CONTAIN NO LESS THAN ONE QUART OF SOIL, TAKEN FROM BETWEEN THE SOIL SURFACE AND 6" DEPTH. IF NO SAMPLE LOCATIONS ARE INDICATED ON THE PLANS, THE CONTRACTOR SHALL TAKE A MINIMUM OF THREE SAMPLES FROM VARIOUS REPRESENTATIVE LOCATIONS FOR TESTING. b.THE CONTRACTOR SHALL HAVE THE SOIL TESTING LABORATORY PROVIDE RESULTS FOR THE FOLLOWING: SOIL TEXTURAL CLASS, GENERAL SOIL FERTILITY, pH, ORGANIC MATTER CONTENT, SALT (CEC), LIME, SODIUM ADSORPTION RATIO (SAR) AND BORON CONTENT. c.THE CONTRACTOR SHALL ALSO SUBMIT THE PROJECT'S PLANT LIST TO THE LABORATORY ALONG WITH THE SOIL SAMPLES. d.THE SOIL REPORT PRODUCED BY THE LABORATORY SHALL CONTAIN RECOMMENDATIONS FOR THE FOLLOWING (AS APPROPRIATE): SEPARATE SOIL PREPARATION AND BACKFILL MIX RECOMMENDATIONS FOR GENERAL ORNAMENTAL PLANTS, XERIC PLANTS, TURF, AND NATIVE SEED, AS WELL AS PRE-PLANT FERTILIZER APPLICATIONS AND RECOMMENDATIONS FOR ANY OTHER SOIL RELATED ISSUES. THE REPORT SHALL ALSO PROVIDE A FERTILIZER PROGRAM FOR THE ESTABLISHMENT PERIOD AND FOR LONG-TERM MAINTENANCE. 3.THE CONTRACTOR SHALL INSTALL SOIL AMENDMENTS AND FERTILIZERS PER THE SOILS REPORT RECOMMENDATIONS. ANY CHANGE IN COST DUE TO THE SOIL REPORT RECOMMENDATIONS, EITHER INCREASE OR DECREASE, SHALL BE SUBMITTED TO THE OWNER WITH THE REPORT. 4.FOR BIDDING PURPOSES ONLY, THE SOIL PREPARATION SHALL CONSIST OF THE FOLLOWING: a.TURF: INCORPORATE THE FOLLOWING AMENDMENTS INTO THE TOP 8" OF SOIL BY MEANS OF ROTOTILLING AFTER CROSS-RIPPING: i.NITROGEN STABILIZED ORGANIC AMENDMENT - 4 CU. YDS. PER 1,000 S.F. ii.PREPLANT TURF FERTILIZER (10-20-10 OR SIMILAR, SLOW RELEASE, ORGANIC) - 15 LBS PER 1,000 S.F. iii."CLAY BUSTER" OR EQUAL - USE MANUFACTURER'S RECOMMENDED RATE b.TREES, SHRUBS, AND PERENNIALS: INCORPORATE THE FOLLOWING AMENDMENTS INTO THE TOP 8" OF SOIL BY MEANS OF ROTOTILLING AFTER CROSS-RIPPING: i.NITROGEN STABILIZED ORGANIC AMENDMENT - 4 CU. YDS. PER 1,000 S.F. ii.12-12-12 FERTILIZER (OR SIMILAR, ORGANIC, SLOW RELEASE) - 10 LBS. PER CU. YD. iii."CLAY BUSTER" OR EQUAL - USE MANUFACTURER'S RECOMMENDED RATE iv.IRON SULPHATE - 2 LBS. PER CU. YD. 5.IN THE CONTEXT OF THESE PLANS, NOTES, AND SPECIFICATIONS, "FINISH GRADE" REFERS TO THE FINAL ELEVATION OF THE SOIL SURFACE (NOT TOP OF MULCH) AS INDICATED ON THE GRADING PLANS. a.BEFORE STARTING WORK, THE LANDSCAPE CONTRACTOR SHALL VERIFY THAT THE ROUGH GRADES OF ALL LANDSCAPE AREAS ARE WITHIN +/-0.1' OF FINISH GRADE. SEE SPECIFICATIONS FOR MORE DETAILED INSTRUCTION ON TURF AREA AND PLANTING BED PREPARATION. b.CONSTRUCT AND MAINTAIN FINISH GRADES AS SHOWN ON GRADING PLANS, AND CONSTRUCT AND MAINTAIN SLOPES AS RECOMMENDED BY THE GEOTECHNICAL REPORT. ALL LANDSCAPE AREAS SHALL HAVE POSITIVE DRAINAGE AWAY FROM STRUCTURES AT THE MINIMUM SLOPE SPECIFIED IN THE REPORT AND ON THE GRADING PLANS, AND AREAS OF POTENTIAL PONDING SHALL BE REGRADED TO BLEND IN WITH THE SURROUNDING GRADES AND ELIMINATE PONDING POTENTIAL. c.THE LANDSCAPE CONTRACTOR SHALL DETERMINE WHETHER OR NOT THE EXPORT OF ANY SOIL WILL BE NEEDED, TAKING INTO ACCOUNT THE ROUGH GRADE PROVIDED, THE AMOUNT OF SOIL AMENDMENTS TO BE ADDED (BASED ON A SOIL TEST, PER SPECIFICATIONS), AND THE FINISH GRADES TO BE ESTABLISHED. d.ENSURE THAT THE FINISH GRADE IN SHRUB AREAS IMMEDIATELY ADJACENT TO WALKS AND OTHER WALKING SURFACES, AFTER INSTALLING SOIL AMENDMENTS, IS 3" BELOW THE ADJACENT FINISH SURFACE, IN ORDER TO ALLOW FOR PROPER MULCH DEPTH. TAPER THE SOIL SURFACE TO MEET FINISH GRADE, AS SPECIFIED ON THE GRADING PLANS, AT APPROXIMATELY 18" AWAY FROM THE WALKS. e.ENSURE THAT THE FINISH GRADE IN TURF AREAS IMMEDIATELY ADJACENT TO WALKS AND OTHER WALKING SURFACES, AFTER INSTALLING SOIL AMENDMENTS, IS 1" BELOW THE FINISH SURFACE OF THE WALKS. TAPER THE SOIL SURFACE TO MEET FINISH GRADE, AS SPECIFIED ON THE GRADING PLANS, AT APPROXIMATELY 18" AWAY FROM THE WALKS. f.SHOULD ANY CONFLICTS AND/OR DISCREPANCIES ARISE BETWEEN THE GRADING PLANS, GEOTECHNICAL REPORT, THESE NOTES AND PLANS, AND ACTUAL CONDITIONS, THE CONTRACTOR SHALL IMMEDIATELY BRING SUCH ITEMS TO THE ATTENTION OF THE LANDSCAPE ARCHITECT, GENERAL CONTRACTOR, AND OWNER. 6.ONCE SOIL PREPARATION IS COMPLETE, THE LANDSCAPE CONTRACTOR SHALL ENSURE THAT THERE ARE NO DEBRIS, TRASH, OR STONES LARGER THAN 1" REMAINING IN THE TOP 6" OF SOIL. B.SUBMITTALS 1.THE CONTRACTOR SHALL PROVIDE SUBMITTALS AND SAMPLES, IF REQUIRED, TO THE LANDSCAPE ARCHITECT, AND RECEIVE APPROVAL IN WRITING FOR SUCH SUBMITTALS BEFORE WORK COMMENCES. 2.SUBMITTALS SHALL INCLUDE PHOTOS OF PLANTS WITH A RULER OR MEASURING STICK FOR SCALE, PHOTOS OR SAMPLES OF ANY REQUIRED MULCHES, AND SOIL TEST RESULTS AND PREPARATION RECOMMENDATIONS FROM THE TESTING LAB (INCLUDING COMPOST AND FERTILIZER RATES AND TYPES, AND OTHER AMENDMENTS FOR TREE/SHRUB, TURF, AND SEED AREAS AS MAY BE APPROPRIATE). 3.SUBMITTALS SHALL ALSO INCLUDE MANUFACTURER CUT SHEETS FOR PLANTING ACCESSORIES SUCH AS TREE STAKES AND TIES, EDGING, AND LANDSCAPE FABRICS (IF ANY). 4.WHERE MULTIPLE ITEMS ARE SHOWN ON A PAGE, THE CONTRACTOR SHALL CLEARLY INDICATE THE ITEM BEING CONSIDERED. C.GENERAL PLANTING 1.REMOVE ALL NURSERY TAGS AND STAKES FROM PLANTS. 2.EXCEPT IN AREAS TO BE PLANTED WITH ORNAMENTAL GRASSES, APPLY PRE-EMERGENT HERBICIDES AT THE MANUFACTURER'S RECOMMENDED RATE. 3.TRENCHING NEAR EXISTING TREES: a.CONTRACTOR SHALL NOT DISTURB ROOTS 1-1/2" AND LARGER IN DIAMETER WITHIN THE CRITICAL ROOT ZONE (CRZ) OF EXISTING TREES, AND SHALL EXERCISE ALL POSSIBLE CARE AND PRECAUTIONS TO AVOID INJURY TO TREE ROOTS, TRUNKS, AND BRANCHES. THE CRZ IS DEFINED AS A CIRCULAR AREA EXTENDING OUTWARD FROM THE TREE TRUNK, WITH A RADIUS EQUAL TO 1' FOR EVERY 1" OF TRUNK DIAMETER-AT-BREAST-HEIGHT (4.5' ABOVE THE AVERAGE GRADE AT THE TRUNK). b.ALL EXCAVATION WITHIN THE CRZ SHALL BE PERFORMED USING HAND TOOLS. NO MACHINE EXCAVATION OR TRENCHING OF ANY KIND SHALL BE ALLOWED WITHIN THE CRZ. c.ALTER ALIGNMENT OF PIPE TO AVOID TREE ROOTS 1-1/2" AND LARGER IN DIAMETER. WHERE TREE ROOTS 1-1/2" AND LARGER IN DIAMETER ARE ENCOUNTERED IN THE FIELD, TUNNEL UNDER SUCH ROOTS. WRAP EXPOSED ROOTS WITH SEVERAL LAYERS OF BURLAP AND KEEP MOIST. CLOSE ALL TRENCHES WITHIN THE CANOPY DRIP LINES WITHIN 24 HOURS. d.ALL SEVERED ROOTS SHALL BE HAND PRUNED WITH SHARP TOOLS AND ALLOWED TO AIR-DRY. DO NOT USE ANY SORT OF SEALERS OR WOUND PAINTS. D.TREE PLANTING 1.TREE PLANTING HOLES SHALL BE EXCAVATED TO MINIMUM WIDTH OF TWO TIMES THE WIDTH OF THE ROOTBALL, AND TO A DEPTH EQUAL TO THE DEPTH OF THE ROOTBALL LESS TWO TO FOUR INCHES. 2.SCARIFY THE SIDES AND BOTTOM OF THE PLANTING HOLE PRIOR TO THE PLACEMENT OF THE TREE. REMOVE ANY GLAZING THAT MAY HAVE BEEN CAUSED DURING THE EXCAVATION OF THE HOLE. 3.FOR CONTAINER AND BOX TREES, TO REMOVE ANY POTENTIALLY GIRDLING ROOTS AND OTHER ROOT DEFECTS, THE CONTRACTOR SHALL SHAVE A 1" LAYER OFF OF THE SIDES AND BOTTOM OF THE ROOTBALL OF ALL TREES JUST BEFORE PLACING INTO THE PLANTING PIT. DO NOT "TEASE" ROOTS OUT FROM THE ROOTBALL. 4.INSTALL THE TREE ON UNDISTURBED SUBGRADE SO THAT THE TOP OF THE ROOTBALL IS TWO TO FOUR INCHES ABOVE THE SURROUNDING GRADE. 5.BACKFILL THE TREE HOLE UTILIZING THE EXISTING TOPSOIL FROM ON-SITE. ROCKS LARGER THAN 1" DIA. AND ALL OTHER DEBRIS SHALL BE REMOVED FROM THE SOIL PRIOR TO THE BACKFILL. SHOULD ADDITIONAL SOIL BE REQUIRED TO ACCOMPLISH THIS TASK, USE STORED TOPSOIL FROM ON-SITE OR IMPORT ADDITIONAL TOPSOIL FROM OFF-SITE AT NO ADDITIONAL COST TO THE OWNER. IMPORTED TOPSOIL SHALL BE OF SIMILAR TEXTURAL CLASS AND COMPOSITION IN THE ON-SITE SOIL. 6.TREES SHALL NOT BE STAKED UNLESS LOCAL CONDITIONS (SUCH AS HEAVY WINDS OR SLOPES) REQUIRE STAKES TO KEEP TREES UPRIGHT. SHOULD STAKING BE REQUIRED, THE TOTAL NUMBER OF TREE STAKES (BEYOND THE MINIMUMS LISTED BELOW) WILL BE LEFT TO THE LANDSCAPE CONTRACTOR'S DISCRETION. SHOULD ANY TREES FALL OR LEAN, THE LANDSCAPE CONTRACTOR SHALL STRAIGHTEN THE TREE, OR REPLACE IT SHOULD IT BECOME DAMAGED. TREE STAKING SHALL ADHERE TO THE FOLLOWING GUIDELINES: a.1"-2" TREES TWO STAKES PER TREE b.2-1/2"-4" TREES THREE STAKES PER TREE c.TREES OVER 4" CALIPER GUY AS NEEDED d.MULTI-TRUNK TREES THREE STAKES PER TREE MINIMUM, QUANTITY AND POSITIONS AS NEEDED TO STABILIZE THE TREE 7.UPON COMPLETION OF PLANTING, CONSTRUCT AN EARTH WATERING BASIN AROUND THE TREE. COVER THE INTERIOR OF THE TREE RING WITH THE WEED BARRIER CLOTH AND TOPDRESS WITH MULCH (TYPE AND DEPTH PER PLANS). E.SHRUB, PERENNIAL, AND GROUNDCOVER PLANTING 1.DIG THE PLANTING HOLES TWICE AS WIDE AND 2" LESS DEEP THAN EACH PLANT'S ROOTBALL. INSTALL THE PLANT IN THE HOLE. BACKFILL AROUND THE PLANT WITH SOIL AMENDED PER SOIL TEST RECOMMENDATIONS. 2.INSTALL THE WEED BARRIER CLOTH, OVERLAPPING IT AT THE ENDS. UTILIZE STEEL STAPLES TO KEEP THE WEED BARRIER CLOTH IN PLACE. 3.WHEN PLANTING IS COMPLETE, INSTALL MULCH (TYPE AND DEPTH PER PLANS) OVER ALL PLANTING BEDS, COVERING THE ENTIRE PLANTING AREA. F.SODDING 1.SOD VARIETY TO BE AS SPECIFIED ON THE LANDSCAPE PLAN. 2.LAY SOD WITHIN 24 HOURS FROM THE TIME OF STRIPPING. DO NOT LAY IF THE GROUND IS FROZEN. 3.LAY THE SOD TO FORM A SOLID MASS WITH TIGHTLY FITTED JOINTS. BUTT ENDS AND SIDES OF SOD STRIPS - DO NOT OVERLAP. STAGGER STRIPS TO OFFSET JOINTS IN ADJACENT COURSES. 4.ROLL THE SOD TO ENSURE GOOD CONTACT OF THE SOD'S ROOT SYSTEM WITH THE SOIL UNDERNEATH. 5.WATER THE SOD THOROUGHLY WITH A FINE SPRAY IMMEDIATELY AFTER PLANTING TO OBTAIN AT LEAST SIX INCHES OF PENETRATION INTO THE SOIL BELOW THE SOD. G.MULCH 1.INSTALL MULCH TOPDRESSING, TYPE AND DEPTH PER MULCH NOTE, IN ALL PLANTING AREAS AND TREE RINGS. 2.DO NOT INSTALL MULCH WITHIN 6" OF TREE ROOT FLARE AND WITHIN 24" OF HABITABLE STRUCTURES, EXCEPT AS MAY BE NOTED ON THESE PLANS. MULCH COVER WITHIN 6" OF CONCRETE WALKS AND CURBS SHALL NOT PROTRUDE ABOVE THE FINISH SURFACE OF THE WALKS AND CURBS. MULCH COVER WITHIN 12" OF WALLS SHALL BE AT LEAST 3" LOWER THAN THE TOP OF WALL. H.CLEAN UP 1.DURING LANDSCAPE PREPARATION AND PLANTING, KEEP ALL PAVEMENT CLEAN AND ALL WORK AREAS IN A NEAT, ORDERLY CONDITION. 2.DISPOSED LEGALLY OF ALL EXCAVATED MATERIALS OFF THE PROJECT SITE. I.INSPECTION AND ACCEPTANCE 1.UPON COMPLETION OF THE WORK, THE LANDSCAPE CONTRACTOR SHALL PROVIDE THE SITE CLEAN, FREE OF DEBRIS AND TRASH, AND SUITABLE FOR USE AS INTENDED. THE LANDSCAPE CONTRACTOR SHALL THEN REQUEST AN INSPECTION BY THE OWNER TO DETERMINE FINAL ACCEPTABILITY. 2.WHEN THE INSPECTED PLANTING WORK DOES NOT COMPLY WITH THE CONTRACT DOCUMENTS, THE LANDSCAPE CONTRACTOR SHALL REPLACE AND/OR REPAIR THE REJECTED WORK TO THE OWNER'S SATISFACTION WITHIN 24 HOURS. 3.THE LANDSCAPE MAINTENANCE PERIOD WILL NOT COMMENCE UNTIL THE LANDSCAPE WORK HAS BEEN RE-INSPECTED BY THE OWNER AND FOUND TO BE ACCEPTABLE. AT THAT TIME, A WRITTEN NOTICE OF FINAL ACCEPTANCE WILL BE ISSUED BY THE OWNER, AND THE MAINTENANCE AND GUARANTEE PERIODS WILL COMMENCE. J.LANDSCAPE MAINTENANCE 1.THE LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF ALL WORK SHOWN ON THESE PLANS FOR 90 DAYS BEYOND FINAL ACCEPTANCE OF ALL LANDSCAPE WORK BY THE OWNER. LANDSCAPE MAINTENANCE SHALL INCLUDE WEEKLY SITE VISITS FOR THE FOLLOWING ACTIONS (AS APPROPRIATE): PROPER PRUNING, RESTAKING OF TREES, RESETTING OF PLANTS THAT HAVE SETTLED, MOWING AND AERATION OF LAWNS, WEEDING, RESEEDING AREAS WHICH HAVE NOT GERMINATED WELL, TREATING FOR INSECTS AND DISEASES,REPLACEMENT OF MULCH, REMOVAL OF LITTER, REPAIRS TO THE IRRIGATION SYSTEM DUE TO FAULTY PARTS AND/OR WORKMANSHIP, AND THE APPROPRIATE WATERING OF ALL PLANTINGS. THE LANDSCAPE CONTRACTOR SHALL MAINTAIN THE IRRIGATION SYSTEM IN PROPER WORKING ORDER, WITH SCHEDULING ADJUSTMENTS BY SEASON TO MAXIMIZE WATER CONSERVATION. 2. SHOULD SEEDED AND/OR SODDED AREAS NOT BE COVERED BY AN AUTOMATIC IRRIGATION SYSTEM, THE LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR WATERING THESE AREAS AND OBTAINING A FULL, HEALTHY STAND OF PLANTS AT NO ADDITIONAL COST TO THE OWNER. 3.TO ACHIEVE FINAL ACCEPTANCE AT THE END OF THE MAINTENANCE PERIOD, ALL OF THE FOLLOWING CONDITIONS MUST OCCUR: a.THE LANDSCAPE SHALL SHOW ACTIVE, HEALTHY GROWTH (WITH EXCEPTIONS MADE FOR SEASONAL DORMANCY). ALL PLANTS NOT MEETING THIS CONDITION SHALL BE REJECTED AND REPLACED BY HEALTHY PLANT MATERIAL PRIOR TO FINAL ACCEPTANCE. b.ALL HARDSCAPE SHALL BE CLEANED PRIOR TO FINAL ACCEPTANCE. c.SODDED AREAS MUST BE ACTIVELY GROWING AND MUST REACH A MINIMUM HEIGHT OF 1 1/2 INCHES BEFORE FIRST MOWING. BARE AREAS LARGER THAN TWELVE SQUARE INCHES MUST BE RESODDED OR RESEEDED (AS APPROPRIATE) PRIOR TO FINAL ACCEPTANCE. ALL SODDED TURF SHALL BE NEATLY MOWED. K.WARRANTY PERIOD, PLANT GUARANTEE AND REPLACEMENTS 1.THE LANDSCAPE CONTRACTOR SHALL GUARANTEE ALL TREES, SHRUBS, PERENNIALS, SOD, AND IRRIGATION SYSTEMS FOR A PERIOD OF ONE YEAR FROM THE DATE OF THE OWNER'S FINAL ACCEPTANCE (90 DAYS FOR ANNUAL PLANTS). THE CONTRACTOR SHALL REPLACE, AT HIS OWN EXPENSE AND TO THE SATISFACTION OF THE OWNER, ANY PLANTS WHICH DIE IN THAT TIME, OR REPAIR ANY PORTIONS OF THE IRRIGATION SYSTEM WHICH OPERATE IMPROPERLY. 2.AFTER THE INITIAL MAINTENANCE PERIOD AND DURING THE GUARANTEE PERIOD, THE LANDSCAPE CONTRACTOR SHALL ONLY BE RESPONSIBLE FOR REPLACEMENT OF PLANTS WHEN PLANT DEATH CANNOT BE ATTRIBUTED DIRECTLY TO OVERWATERING OR OTHER DAMAGE BY HUMAN ACTIONS. L.PROVIDE A MINIMUM OF (2) COPIES OF RECORD DRAWINGS TO THE OWNER UPON COMPLETION OF WORK. A RECORD DRAWING IS A RECORD OF ALL CHANGES THAT OCCURRED IN THE FIELD AND THAT ARE DOCUMENTED THROUGH CHANGE ORDERS, ADDENDA, OR CONTRACTOR/CONSULTANT DRAWING MARKUPS. Page 158 Item 17. Page 1 of 4 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 – September 28, 2021 Agenda Item: Conduct a Public Hearing, and consider and act upon a request to rezone 163.2± acres, from Planned Development-90 (PD-90) to Planned Development (PD), to facilitate the development of a single family residential subdivision with private social club, located on the north side of First Street, east of Coit Road. (Z20-0021). History: This item was tabled at the August 10, 2021, August 24, 2021, and September 14, 2021, Town Council meetings. In addition, a Joint Work Session which included the Town Council, Parks and Recreation Board, and the Planning & Zoning Commission was conducted on September 1, 2020. At that time, the proposed request included a private social club with a subdivision including various lot sizes as shown below. Min. Lot Size Min. Lot Width Approx. # of Lots % of Total Lots 4,000 sq. ft. (alley-served) 40 feet 70 22% 6,000 sq. ft. 50 feet 67 21% 8,100 sq. ft. 60 feet 87 27% 10,360 sq. ft. 74 feet 50 16% 12,040 sq. ft. 86 feet 36 11% 14,250 sq. ft. 95 feet 9 3% Since that time, the applicant has revised the request by providing lot sizes consistent with the existing zoning, as described below. Description of Agenda Item: The zoning and land use of the surrounding properties are as follows: Prosper is a place where everyone matters. PLANNING Page 159 Item 18. Page 2 of 4 Zoning Current Land Use Future Land Use Plan Subject Property Planned Development- 90-Single Family Undeveloped and Single Family Residential Low Density Residential North Agricultural, Planned Development-5-Single Family, and Planned Development 18-Single Family Undeveloped and Residential Subdivision (Whispering Farms) Low Density Residential East Agricultural, Planned Development-49-Single Family Undeveloped and Residential Subdivision (Whitley Place) Low Density Residential South Planned Development- 87-Single Family Undeveloped Low Density Residential West Planned Development-5- Single Family and Planned Development 18-Single Family Undeveloped and Residential Subdivision (Greenspoint) Low Density Residential Requested Zoning – This is a request to rezone 163.2± acres, from Planned Development-90 (PD- 90) to Planned Development (PD), in order to allow for the development of a single-family residential subdivision with private social club, called Town Lake Village. The current PD-90 zoning allows maximum of 348 lots, requiring a minimum of 70 lots be a minimum of 15,000 square feet in area and a minimum of 90 feet in width, and the remaining 278 lots shall have a minimum lot area of 10,000 square feet with a minimum of 75 feet in width. The applicant is proposing to allow a maximum of 275 lots, consisting for four (4) types as follows: Lot Type Min. Lot Size Min. Lot Width Type A 18,000 sq. ft. 120 feet Type B (Minimum 67 Lots) 15,000 sq. ft. 100 feet Type C 12,000 sq. ft. 90 feet Type D 10,000 sq. ft. 75 feet While the proposed development is generally in accordance with the existing zoning with regard to lot size and development standards, the applicant is proposing rezoning to allow for the following modifications to the development standards:  Land Use – PD-90 currently does not allow for a Private Social Club. This request would allow a Private Social Club as a permitted use. While it is anticipated that a Private Social Club will be provided with the development, the PD includes provisions in the instance a club is not provided, specifically with regard to proposed Park Dedication location, Hike and Bike Trail alignment, and floodplain on private lots as described below. In general, the applicant is proposing a Park Dedication location and Hike and Bike Trail alignments that deviate from the Parks Master Plan. The Parks and Recreation Board has considered the applicant’s request and is in support of the deviations, provided a Private Social Club is included in the development. The proposed PD includes provisions that allow deviations to the Parks Master Plan if a Private Social Club is included in the development, and if a Club is not included the recommendations of the Parks Master Plan would be required. Page 160 Item 18. Page 3 of 4  Floodplain – Town standards currently do not permit floodplain to be located on private lots. The western portion of the development is proposed to be gated, consists of Type A lots, and has adjacency to floodplain. While floodplain is typically located in an HOA owned and maintained common area, the proposed PD would allow the floodplain to be located on the private lots. However, the PD assigns maintenance of the floodplain to the HOA. The proposed PD includes provisions indicating if a Private Social Club is not provided in the development, floodplain located on private lots would not be permitted. The location of the gated portion of the subdivision and floodplain is shown below. Future Land Use Plan – The Future Land Use Plan recommends Low Density Residential for the property. Thoroughfare Plan – The property is adjacent to First Street, a future four-lane divided major thoroughfare. Parks Master Plan – The Parks Master Plan identifies a park and hike and bike trail on the subject property. Legal Obligations and Review: Notification was provided to neighboring property owners as required by state law. To date, staff has received two (2) Public Hearing Reply Forms, not in opposition to the request. Attached Documents: 1. Aerial and Zoning Maps 2. Exhibits A-F 3. Public Hearing Notice Reply Forms Parks and Recreation Board: At their July 8, 2021, meeting the Parks and Recreation Board approved the proposed Park Dedication and Hike and Bike Trails as proposed by zoning, by a vote of 5-0. Planning & Zoning Commission Recommendation: At their July 20, 2021, meeting, the Planning & Zoning Commission recommended the Town Council approve the request, by a vote of 6-0. Page 161 Item 18. Page 4 of 4 Staff Recommendation: Staff recommends approval of the request to rezone 163.2± acres, from Planned Development - 90 (PD-90) to Planned Development (PD), to facilitate the development of a single-family residential subdivision with private social club, located on the north side of First Street, east of Coit Road, subject to Town Council approval of a Development Agreement, including, but not limited to, right-of-way and/or easement dedication, and architectural building materials. Proposed Motion: I move to approve the request to rezone 163.2± acres, from Planned Development-90 (PD-90) to Planned Development (PD), to facilitate the development of a single-family residential subdivision with private social club, located on the north side of First Street, east of Coit Road , subject to approval of a Development Agreement, including, but not limited to, right-of-way and/or easement dedication, and architectural building materials. Page 162 Item 18. FM 1385W UNIVERSITY DR E FIRST ST PARVIN RD E UNIVERSIT Y DR N CUSTER RDE PROSPER TRL W FIRST ST W F RONT IER PK WY E FRONTIER PKWY PR OSPER RD N PRESTON RDN DALLAS PKWYS PRESTON RDFISHTRAP RD GEE RDFIRST STCOIT RDGENTRY DRGLACIER POINT CTSPICEW OOD DR TOWNLAKE DRCOUNTRY BROOK LNBRIARCLIFF DRSUNDANCE CTS P R I N G B R O O K D R NEWPORT DRPARKVIEW LN D O G W O O D D R SHARED DRIVEWAY G R E E N S P O I N T L N REDPINE DR A R B O R G L E N C T BURNET CTTO UCHSTO NE CT0 1,500750Feet µ Z20-0021 - Town Lake Village This map is for illus tr ation purpos es only. Page 163 Item 18. FM 1385W UNIVERSITY DR E FIRST ST PARVIN RD E UNIVERSIT Y DR N CUSTER RDE PROSPER TRL W FIRST ST W F RONT IER PK WY E FRONTIER PKWY PR OSPER RD N PRESTON RDN DALLAS PKWYS PRESTON RDFISHTRAP RD GEE RDS-10 S-7 PD-90 PD-18 PD-49 PD-5 PD-90PD-87 PD-5PD-5PD-77 PD-90PD-50 PD-6 PD-90PD-6 PD-90 PD-9 SF SF SF SFSF A SF-15 SF-15 R SF-15 SF SF-15 SF-10 A A SF SF A SF-15 A SF-10 R SF A A FIRST STCOIT RDGENTRY DRGLACIER POINT CTSPICEW OOD DR TOWNLAKE DRBRIARCLIFF DRS P R I N G B R O O K D R NEWPORT DRPARKVIEW LN D O G W O O D D R G R E E N S P O I N T L N REDPINE DR C H A L K H I L L L N S U N D A N C E L N BURNET CT0 1,500750Feet µ Z20-0021 - Town Lake Village This map is for illus tr ation purpos es only. Page 164 Item 18. Page 1 of 11 Town Lake Village Z20-0021 EXHIBIT “A” Page 165 Item 18. Page 2 of 11 Town Lake Village Z20-0021 EXHIBIT “A” Page 166 Item 18. Page 3 of 11 Town Lake Village Z20-0021 EXHIBIT “B” STATEMENT OF INTENT AND PURPOSE Town Lake Village is intended to be a high quality, single family neighborhood which is compatible with its surrounding uses. It is anticipated the neighborhood will have a broad mix of residents ranging from empty nesters in sprawling 1-story homes to families drawn to the community and schools in larger, 2-story homes. Town Lake Village will provide an opportunity to create a place that has the quality of life Prosper residents expect as well as easy access to other areas in the DFW Metroplex. Town Lake Village aims to provide its residents with high-quality custom homes in a community that balances manmade and natural environments. It is anticipated the neighborhood may feature a Private Club. The relationship of natural and manmade elements is further highlighted in the design of Town Lake Village. The neighborhood is designed with an emphasis on lots backing or siding creeks, greenbelts, and open space areas. The meandering nature of the streets will highlight the natural beauty and topography of the land. Along with the design of the neighborhood, development standards will be created to complement existing nearby neighborhoods by building upon major trends in household type, characteristics, and preferences as a means of enhancing the attractiveness of the area. The combination of these design ideas creates a neighborhood attractive to a broad assortment of groups wanting to call Prosper home. Page 167 Item 18. Page 4 of 11 Town Lake Village Z20-0021 EXHIBIT “C” DEVELOPMENT STANDARDS Conformance with the Town’s Zoning Ordinance and Subdivision Ordinance: Except as otherwise set forth in these Development Standards, the regulations of the Town’s Zoning Ordinance (Ordinance No. 05-20), as it exists or may be amended, and the Subdivision Ordinance (Ordinance No. 17-41), as it exists or may be amended, shall apply. 1. Development Plans 1.1. Concept Plans: The property shall be developed in general accordance with the attached concept plans, set forth in Exhibit D. However, if the property does not develop in accordance with Exhibit D, it shall otherwise be developed in accordance with the development standards of this Planned Development, the Zoning Ordinance, and the Subdivision Ordinance, as they exist or may be amended. Development of a Private Social Club shall be developed in general accordance with Exhibit D-1. 1.2. Elevations: Development of a Private Social Club shall be developed in general accordance with the attached elevations, set forth in Exhibit F. 2. Allowed Uses: 2.1. Land Uses ▪ Accessory buildings incidental to the allowed use and constructed of the same materials as the main structure. ▪ Churches / rectories ▪ Civic facilities ▪ Electronic security facilities, including gatehouses and control counter ▪ Fire stations and public safety facilities ▪ Gated communities with private streets, (developed to Town Standards) ▪ Public and/or Private Parks, playgrounds and neighborhood recreation facilities including, but not limited to, swimming pools, clubhouse facilities and tennis courts, to be stated on plat ▪ Residential uses as described herein ▪ Schools – public and/or private ▪ Golf Course for Country Club (including clubhouse, maintenance facilities, on-course food and beverage structure, and on course restroom facilities.) ▪ Private Social Club (including, but not limited to a clubhouse, maintenance facilities, tennis, pickleball, basketball/sport courts with lights (conforming to the Town Lighting Regulations), dining facilities, food and beverage service, beer, wine, and spirit service (in accordance with applicable TABC regulations), pools, and other club amenities). o Incidental uses may include but are not limited to a winery or micro-brewery (in accordance with applicable TABC regulations), and childcare provided for club membership in conjunction with club activities. A Licensed Child Care Center is not included in this definition. ▪ Temporary real estate sales offices for each builder or developer during the development and marketing of the Planned Development which shall be removed no later than 30 days following the final issuance of the last Certificate of Occupancy (CO) on the last lot owned by that builder. ▪ Temporary buildings / offices for builders’ or developers’ incidental construction work on the premises, which shall be removed upon completion of such work. ▪ Other necessary temporary construction facilities, which shall be removed upon completion of such work. ▪ Utility distribution lines and facilities. Electric substations shall be allowed by SUP. 3. Lot Area Regulations: 3.1. General Description 3.1.1. This Planned Development Ordinance shall permit a maximum of 275 single-family residential units. Page 168 Item 18. Page 5 of 11 Town Lake Village 3.2. Lot Area Regulations * Minimum of 67 lots. 4. General Standards 4.1. Layout and Design 4.1.1. A Private Social Club is not a required component of Town Lake Village. However, should a Private Social Club be included in the development, it shall be in general accordance with Exhibits D and F. 4.1.2. If a Private Social Club is not provided with the development, design and development of Town Lake Village shall be in accordance as otherwise provide in this Planned Development, the Zoning Ordinance, and the Subdivision Ordinance, as they exist or may be amended. 4.1.3. The layout of Town Lake Village shall allow lots to back or side creeks, greenbelts, and open space areas, in general conformance with Exhibit D. This provision shall not be applicable if a Private Social Club is not provided in conjunction with the development. 4.2. Floodplain 4.2.1. Lots may include floodplain in general accordance with Exhibit D. However, no dwelling unit or permanent structure shall be constructed within the limits of any floodplain. The provision shall not be applicable if a Private Social Club is not provided in conjunction with the development. 4.2.2. A Final Plat that provides lots that include floodplain shall not be approved until a Final Plat for a Private Social Club has been approved. 4.2.3. Maintenance of all floodplain areas within residential lots shall be the responsibility of the HOA. The HOA may transfer mowing and all other maintenance responsibilities to the individual owner through CC&R’s or other, but Town shall place all responsibilities including maintenance of excessive erosion, facilities installed without a permit or other floodplain obligations to the HOA. 4.3. Driveways 4.3.1. All driveways shall be constructed of one or more of the following materials: brick pavers, stone, interlocking pavers, decorative rock, or exposed aggregate; with brick or stone borders or other approved materials. The Developer may consider driveways of stamped or broom finished concrete with brick or stone borders on a case-by-case basis. All front entry surfaces must be constructed in brick, stone, slate, flagstone, or other approved materials to match the architecture of the house. All sidewalks and steps from the public sidewalk or front driveway to the front entry must be constructed in brick, stone, slate, flagstone, or other approved materials to match the architecture of the house. 5. Building Standards 5.1. Garages 5.1.1. All garage doors shall be constructed of decorative wood, glass, or similar architectural material. Standard metal or aluminum garage doors are not permitted. 5.1.2. Except for garage doors provided on J-swing garages, garage doors shall be located at or behind the primary front façade of the home. 5.1.3. Garage doors shall be setback a minimum of 25 feet from the front property line. 6. Landscape Standards 6.1. A minimum 30’ landscape buffer shall be provided adjacent to all roadways identified on the Thoroughfare Plan. The buffer shall be in a private “non-buildable” lot that is owned and maintained by the HOA. All plantings, screening, fencing and design elements shall comply with the Town’s Subdivision Ordinance as it exists or may be amended. 6.2. Trees 6.2.1. Front yard: a minimum of two 4” caliper trees shall be required in the front yard. Type A Type B* Type C Type D Minimum Lot Area (sq. ft.) 18,000 15,000 12,000 SF 10,000 SF Minimum Lot Width (ft.) 120 100 90 75 Minimum Lot Depth (ft.) 150 150 130 125 Minimum Front Yard (ft.) 20 20 20 20 Interior Side (ft.) 10 7 7 7 Street Side - Corner Lot (ft.) 15 15 15 15 Minimum Rear Lot (ft.) 5 5 5 5 Minimum Dwelling Area (sq. ft.) 4,000 3,800 3,500 3,000 Page 169 Item 18. Page 6 of 11 Town Lake Village 6.2.2. Rear yard: a minimum of one 4” caliper tree shall be required in the rear yard. 6.2.2.1. Lots with more than 95 feet of frontage to adjacent streets will require no less than two 4” caliper trees in the back yard. 6.2.3. Corner Lots: two additional 4” caliper trees shall be planted in each side yard space that abuts a street. These required trees shall be in addition to the required front yard and rear yard trees. 6.2.4. Timing: the required trees will typically be planted by the builder at the time of house construction and must be installed prior to the issuance of the certificate of occupancy for that lot and house. 6.3. Parks and Trails 6.3.1. All trails, parks and open spaces shall generally conform to Exhibit D at the cost of the developer. The park and trail improvements shall meet the requirements of the park improvement fee obligation for this development 6.3.2. Construction of trails shall include all sufficient storm drain infrastructure. 6.3.3. All hike and bike trails will be constructed with the associated phase of development, and built to meet the federal, state and local ADA and town trail requirements. 6.3.4. In addition to the hike and bike trails, the developer will be responsible for the construction of a parking lot at no cost to the Town. This parking lot will consist of a minimum 10 parking spaces and a handicap parking space. 6.3.5. Construction of hike and bike trails shall not commence until a Final Plat for a Private Social Club has been approved. 6.4. Parkland Dedication Requirements 6.4.1. The parkland dedication requirement shall be in accordance with Exhibit D, and all dedicated parks and trails shall be maintained by the Homeowners Association. 6.4.2. In addition to the parkland dedication, the developer will be required to ensure there is access to the waters edge 6.4.3. Parkland dedication shall not be accepted until a Final Plat for a Private Social Club has been approved. 6.4.4. Parkland dedication shall not occur until park improvements with associated parkland property is complete. 6.4.5. Hike and bike trail easements on the proposed parkland shall be required to meet the requirement of having hike and bike trails constructed with each phase of development. 6.5. The open spaces and detention areas shown on Exhibit D, which may vary in size, design, and location shall be landscaped and maintained by the Homeowners Association. 7. Screening / Walls /Fencing 7.1. Screening / Walls / Fencing 7.1.1. Walls and screens visible from streets or common areas shall be constructed of masonry matching that of the residence, masonry and ornamental metal fencing, or ornamental metal fencing. Walls and screens not visible from streets or common areas may be constructed of smooth finish redwood or #1 grade cedar, or similar. All fence posts shall be steel set in concrete and shall not be visible from the alley or another dwelling. All fence tops shall be level with grade changes stepped up or down as the grade changes. 7.1.2. A common ornamental metal fence detail, to be used for all rear and side fencing within the greenbelt / flood plain areas, will be chosen by the developer. 7.1.3. All fence returns shall consist of ornamental metal, not to exceed 8’ in height. 7.1.4. Corner lots adjacent to a street shall consist of ornamental metal fencing, not to exceed 8’ in height. 7.2. Mechanical Equipment 7.2.1. All mechanical equipment (pool, air conditioning, etc.) shall be completely screened from public view. A combination of hedges or walls shall be used to screen equipment or mechanical areas. 7.2.2. All mechanical equipment, air conditioning compressors, service yards, storage piles, woodpiles, garbage receptacles, and similar items must be visually screened from streets, alleys, common areas and neighboring lots by a combination of hedges or walls that match the residence material. 7.3. Screening along thoroughfares shall be decorative fencing, ornamental metal fencing, masonry columns, berms, shrubs, ponds or a combination of these elements. Page 170 Item 18. Page 7 of 11 Town Lake Village Z20-0021 EXHIBIT “D” Page 171 Item 18. Page 8 of 11 Town Lake Village Z20-0021 EXHIBIT “D-1” Page 172 Item 18. Page 9 of 11 Town Lake Village Z20-0021 EXHIBIT “E” DEVELOPMENT SCHEDULE It is anticipated that construction of Town Lake Village will begin within the next one to five years. Dates are approximate and are subject to change with final design and due to external forces, such as market conditions. Page 173 Item 18. Page 10 of 11 Town Lake Village Z20-0021 EXHIBIT “F” The following conceptual elevations and renderings shall be representative of the architectural style, colors, and material selections and placement for the club. Page 174 Item 18. Page 11 of 11 Town Lake Village Z20-0021 EXHIBIT “F” The following conceptual elevations and renderings shall be representative of the architectural style, colors, and material selections and placement for the club. Page 175 Item 18. Page 176 Item 18. Page 177 Item 18. Page 1 of 1 To: Mayor and Town Council From: Stuart Blasingame, Fire Department Through: Harlan Jefferson, Town Manager Re: Tow n Council Meeting – October 12, 2021 Agenda Item: Discussion regarding fire protection services for Denton County Fresh Water District 10 for the Artesia Subdivision. Description of Agenda Item: Prosper Fire Rescue is in discussions with DCFWD-10 for fire services for the Artesia subdivision. Artesia has been serviced by the Aubrey Fire Department since it was constructed in the early 2000’s. Prosper Fire Rescue responds frequently as mutual-aid for Aubrey on a frequent basis but is not compensated. Aubrey is under contract for fire services with DCFWD-10 for services and also has an inter-local agreement with Denton County who provides additional funding on a per-call basis. Budget Impact: If the council provides feedback to continue negotiations to assume fire services, fees are anticipated at a minimum of $300,000 to $375,000 based on call volume. In subsequent years, those fees are expected to increase an additional amount of $75,000 or more, at the completion of approved apartments. Also, DCFWD-10 would be subject to future escalations after the initial 18-month agreement to continue services. Town Staff Recommendation: Staff is requesting the Town Council provide feedback on fire services for DCFWD-10, serving the Artesia subdivision. Prosper is a place where everyone matters. FIRE DEPARTMENT Page 178 Item 19.