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03.29.22 Town Council Regular Meeting Packet Page 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: 870 4743 2329 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. Receive a Finance Department update. (BP) 2. Proclamation recognizing April 10-16, 2022, as National Public Safety Telecommunicators Week. (MLS) 3. Recognize Prosper Fire Rescue personnel for two recent life-saving awards. (SB) Agenda Prosper Town Council Meeting Council Chambers Prosper Town Hall 250 W. First Street, Prosper, Texas Tuesday, March 29, 2022 5:45 PM Page 1 Page 2 of 4 CONSENT AGENDA: Items placed on the Consent Agenda are considered routine in nature and non-controversial. The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda by the request of Council Members or staff. 4. Consider and act upon the minutes from the March 1, 2022, Town Council Work Session meeting. (MLS) 5. Consider and act upon the minutes from the March 8, 2022, Town Council meeting. (MLS) 6. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to stormwater inspections services. (HW) 7. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Dunaway Associates, Inc., and the Town of Prosper, Texas, related to the design of the First and Coit Community Park Phase 1 project. (PN) 8. Consider and act upon authorizing the Town Manager to execute a Development Agreement between the Prestonwood Baptist Church and the Town of Prosper, Texas, related to the construction of a temporary parking lot (D22-0015). (KD) 9. Consider and act upon a Site Plan, Landscape Plan, and Façade Plan for a restaurant with drive-through service (Salad and Go), in the Shops at Prosper Trail development, on 1.1± acres, located on the east side of Preston Road, north of Prosper Trail. The property is zoned Planned Development-68 (PD-68) and Specific Use Permit-39 (S- 39). (D22-0011). (AG) 10. Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any Site Plan or Preliminary Site Plan, including Gates of Prosper, Eagle Crossing, Gentle Creek Country Club, Prestonwood Baptist Church, and Prosper Business Park. (AG) CITIZEN COMMENTS The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please complete a “Public 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: 11. Consider and act upon approving a resolution supporting U.S. Highway 380 as a Controlled Access Highway and strongly opposing the consideration of the Gold and Brown Alternative Segment B alignment as presented by TxDOT at their US 380 EIS Page 2 Page 3 of 4 Public Meeting occurring on March 22, 2022 from 5:30-7:30 pm and their on-line virtual Public Meeting from 5:30 pm March 22, 2022 to 11:59 pm April 6, 2022, due to the negative impacts on the Town of Prosper and since the alternative alignments are inconsistent with the Town’s Thoroughfare Plan and the current alignment of said highway. (RZ) 12. Conduct a public hearing and consider and act upon a request to amend Planned Development-94 (PD-94), for the Westside Development, on 64.5± acres, northeast corner of US 380 and FM 1385, regarding hotel uses and development standards. (Z22-0001). (AG) 13. Consider and act upon a resolution accepting the Independent Audit Report and Annual Comprehensive Financial Report for the Fiscal Year Ended September 30, 2021, as presented by a representative of Pattillo, Brown and Hill LLP., Certified Public Accountants. (BP) 14. Discuss and update the Town Council regarding increases in project construction costs, commodities/equipment costs and delivery time challenges. (JC/HW/SB) 15. Consider and act upon an ordinance amending Ordinance No. 2021-55 (FY 2021- 2022 Annual Budget and Capital Improvement Program). (BP) 16. Consider and act upon an amendment to the Wastewater Master Plan. (HW) 17. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Claymoore Engineering, Inc., and the Town of Prosper, Texas, related to the design of the Upper Doe Branch Wastewater Line (Teel Parkway to PISD Stadium) project. (HW) 18. Consider and act upon approving a Standard Form of Agreement with Pogue Construction Co., LP, for the construction of a covered parking structure for the Police Department; and authorizing the Town Manager to execute the same. (DK) 19. Consider and act upon awarding CSP No. 2022-31-B to North Rock Construction, related to construction services for the Town Hall Honor Wall (2117-PK); and authorizing the Town Manager to execute a construction agreement for same. (PN) Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. 20. Discuss design and construction costs for Fire Station No. 4. (SB) 21. Presentation regarding options for lighting of the Downtown Silos. (RZ) 22. Receive dedication options for Dudley Raymond. (DB) 23. Discussion regarding a New Resident Mixer Proposal. (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: 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. Page 3 Page 4 of 4 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, and Planning & Zoning Commission. 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, March 25, 2022, 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 Town of Prosper Proclamation WHEREAS, emergencies can occur at any time that require police, fire or emergency medical services; and, WHEREAS, when an emergency occurs the prompt response of police officers, firefighters and paramedics is critical to the protection of life and preservation of property; and, WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who call the Town of Prosper emergency communications center; and, WHEREAS, Public Safety Telecommunicators are the first and most critical contact our citizens have with emergency services; and, WHEREAS, Public Safety Telecommunicators are the single vital link for our police officers and firefighters by monitoring their activities by radio, providing them information and ensuring their safety; and, WHEREAS, their diligence and professionalism impact the health, welfare, and safety of the Town of Prosper by keeping the Town and citizens safe. NOW, THEREFORE, be it resolved that I, Mayor Ray Smith, proclaim, April 10 -16, 2022, as: NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK Ray Smith, Mayor Page 5 Item 2. Page 1 of 2 ] Prosper is a place where everyone matters. Call to Order/ Roll Call. The meeting was called to order at 5:30 p.m. Council Members Present: Mayor Ray Smith Mayor Pro-Tem Meigs Miller Deputy Mayor Pro-Tem Craig Andres Councilmember Jeff Hodges Councilmember Charles Cotten Councilmember Amy Bartley Councilmember Marcus E. Ray Staff Members Present: Harlan Jefferson, Town Manager Robyn Battle, Executive Director of Community Services 1. The Town Council will hold a strategic planning work session to discuss successes and accomplishments since the last planning work session and to prioritize future strategic goals. The 2022 Strategic Planning Session was facilitated by Lyle Sumek of Sumek Associates. The first part of the session was held on February 11-12, 2022. Mr. Sumek led the Council through a discussion on the remaining four Goals: Goal 1: Premier Residential Community Goal 2: Investment in Prosper’s Future Goal 4: Successful Dallas North Tollway Development Goal 5: Successful Prosper Downtown Redevelopment The Council reviewed the proposed Action Items that were submitted from the Council and staff, as well as the timelines for completion. The decision was made to amend Goal 4 to focus on overall Economic Development, rather than just the Dallas North Tollway (DNT) corridor. Mr. Sumek will incorporate the feedback from the Council received at tonight’s meeting and submit a final draft of the 2022-2023 Strategic Plan for final review. EXECUTIVE SESSION: Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code, as authorized by the Texas Open Meetings Act, to deliberate regarding: Section 551.087 – To discuss and consider Economic Development Incentives and all matters incident and related thereto. MINUTES Prosper Town Council Work Session Prosper Police Department - Multipurpose Room 801 Safety Way, Prosper, Texas Tuesday, March 1, 2022 Page 6 Item 4. Page 2 of 2 Section 551.072 – To discuss and consider purchase, exchange, lease or value of real property for municipal purposes and all matters incident and related thereto. Section 551.074 – To discuss and consider personnel matters and all matters incident and related thereto. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Executive Session was not held. Adjourn. The meeting was adjourned at 7:50 p.m. on Tuesday, March 1, 2022. These minutes approved on the 29th day of March 2022. APPROVED: Ray Smith, Mayor _________ Robyn Battle, Executive Director of Community Services ATTEST: _________ Michelle Lewis Sirianni, Town Secretary Page 7 Item 4. Page 1 of 5 ] 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 Deputy Mayor Pro-Tem Craig Andres Councilmember Marcus E. Ray Councilmember Jeff Hodges Councilmember Amy Bartley Council Members Absent: Councilmember Charles Cotten Staff Members Present: Harlan Jefferson, Town Manager Terry Welch, Town Attorney Michelle Lewis Sirianni, Town Secretary Robyn Battle, Executive Director of Community Services Todd Rice, Communications Manager Rebecca Zook, Executive Director of Development and Infrastructure Services Alex Glushko, Planning Manager James Edwards, Human Resources Director Leigh Johnson, IT Director Betty Pamplin, Finance Director Dan Baker, Parks and Recreation Director Trevor Helton, Recreation Supervisor Doug Kowalski, Police Chief Scott Brewer, Assistant Police Chief Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Mayor Pro-Tem Miller led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. Announcements of recent and upcoming events. Councilmember Bartley made the following announcements: Join the Prosper Historical Society and the Town of Prosper for the Prosper Historical Marker Rededication Ceremony on Friday, March 11 at 10:00 a.m. outside the Prosper Community Library entrance located at 200 S. Main Street. to celebrate the move of the marker to its new home. The Prosper Spring Cleanup will be held Saturday, March 19 from 8:00 a.m. to noon at Prosper Town Hall. Residents are able to dispose of bulk trash items, electronic waste, and even have MINUTES Prosper Town Council Meeting Council Chambers Prosper Town Hall 250 W. First Street, Prosper, Texas Tuesday, March 8, 2022 5:45 PM Page 8 Item 5. Page 2 of 5 documents shredded. No Hazardous Waste or Tires will be accepted. Just bring a valid Driver’s License or Utility Bill. Cornerstone Resale will also be on site accepting donations. For more information visit the Town’s website by clicking on ‘Upcoming Events’. Join the Parks and Recreation Department at 10:00 a.m. on Thursday, March 24 for a ribbon cutting ceremony to mark the official opening of Hays Park in honor of Chester G. Hays, Prosper’s fourth Mayor. This family-friendly neighborhood park is located at 9008 Prestonview Drive. TxDOT will be hosting a public meeting on Tuesday, March 22 from 5:30 p.m. to 7:30 p.m. regarding the US 380 environmental impact statement and schematic design. Details regarding the meeting will be shared this evening. The City of Celina will be hosting a public meeting on Tuesday, March 29 from 5:30 p.m. to 7:30 p.m. regarding the reconstruction and widening of Parvin Road from Farm Market (FM) 1385 to the Dallas Parkway South at the Dallas North Tollway (DNT). Parvin Road is split between the Town and the City of Celina. The meeting will take place in Celina’s Council Chambers located at 112 N. Colorado in Celina. The Mayor’s Fitness Challenge continues through April 18. If you successfully track an average of 90 minutes per week over the course of the Challenge and turn in a completed tracking sheet you will earn a free t-shirt and be entered to win a Fitbit. Any type of exercise qualifies as trackable minutes, and all ages are eligible to participate. Tracking sheets are available on the Parks and Recreation Department page of the Town’s website. Presentations. 1. Receive a presentation on the Prosper THRIVES Program. (JE) Mr. Edwards presented the new on-the-spot recognition program. THRIVES stands for Teamwork, Heart, Respect, Integrity, Vision, Excellence, and Service, and recognizes employees who embody these qualities. Those recognized are given a THRIVES coin which can be redeemed for a gift card in addition to being able to keep the coin. Human Resources plans on incorporating the program into their recruiting efforts as well as performance evaluations. 2. Receive an update regarding the US 380 Environmental Impact Statement being completed by TxDOT and the planned Public Meeting on March 22, 2022, at Collin College. (RZ) Ms. Zook provided an update of the upcoming public meeting being held by TxDOT. She indicated the meeting will be an open house format allowing citizens to attend anytime between the posted times. Citizens may also attend virtually which will take place from March 22 to April 6. Citizens are encouraged to submit their comments regarding the proposed schematic designs. Ms. Zook also reviewed the Town’s main points and what would be less impactful to the Town. The Town Council strongly encouraged residents to attend the upcoming meeting and submit their comments in-person as well as requested staff to draw up a comparison of how each proposed alignment affects the Town in order to submit to TxDOT. Page 9 Item 5. Page 3 of 5 Bill Darling, 3362 N. Custer Rd, Co-founder of ManeGait Therapeutic Horsemanship, thanked the Council for their support on this item and shared their plans of expansion, which will allow them to double in size. Ben Pruett, 4311 Whitley Place, emphasized and encouraged citizens to attend in person and submit their comments to show their support for the Town. CONSENT AGENDA: Items placed on the Consent Agenda are considered routine in nature and non-controversial. The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda by the request of Council Members or staff. 3. Consider and act upon the minutes from the February 22, 2022, Town Council meeting. (MLS) 4. Consider and act upon moving the Tuesday, March 22, 2022, regular Town Council meeting to Tuesday, March 29, 2022. (MLS) 5. Receive the January Financial Report. (BP) 6. 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 and Zoning Commission on any Site Plan or Preliminary Site Plan, including CHC Prosper Trail, PISD, Preston Commons, and Prosper Wine House. (AG) Councilmember Bartley requested to pull item #6. Mayor Pro-Tem Miller made a motion to approve consent agenda item 3 thru 5. Deputy Mayor Pro-Tem Andres seconded that motion, and the motion was unanimously approved. Councilmember Bartley asked about the landscaping specifically the dumpster enclosure. She requested that staff ensures that it is disguised from view due to its location. Councilmember Bartley made a motion to approve item 6. Councilmember Ray seconded that motion, and the motion was unanimously approved. CITIZEN COMMENTS: No comments were made. Items for Individual Consideration: 7. Consider an act upon Ordinance No. 2022-11 amending Field User Fees as contained in Section XIII of the Appendix to the Town Code of Ordinances. (DB) Mr. Baker stated the proposed ordinance increases fees for ballfield light use, mound adjustment, and filed maintenance between games. It also removes the residency requirement for tournament teams playing out of season dates. Mr. Baker noted that partner organizations were amendable to the changes and fees are in line with comparable municipalities. Page 10 Item 5. Page 4 of 5 The Council discussed non-league play and practicing times with priority given to current leagues, how the mound adjustment/change out is done, as well as the proposed fees. Deputy Mayor Pro-Tem Andres made a motion to approve Ordinance No. 2022-11 amending Field User Fees as contained in Section XIII of the Appendix to the Code of Ordinances. Councilmember Hodges seconded that motion, and the motion was unanimously approved. 8. Discuss and consider approving a covered parking structure for the Police Department. (DK) Chief Kowalski presented an overview and objectives for maintaining operation readiness while remaining fiscally responsible with their fleet. Covered parking structure options were presented with a fabric and aluminum canopy, as well as with or without lighting and will be consistent with the overall design and components of the current facility. Based on the return on investment and keeping a high level of operational readiness, staff recommends the aluminum canopy with lighting. The Council discussed the costs associated with the proposed options, when the quote expired, the benefits of adding lighting, and the importance of protecting the Town’s assets. Councilmember Hodges made a motion to approve option four (aluminum canopy with lighting) for the covered parking structure. Councilmember Ray seconded that motion, and the motion was unanimously approved. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. 9. Honor Walls. (DB) Mr. Baker provided an update regarding the Honor Walls project including the funded amount versus the bids acquired. Due to the increasing labor and material costs, in order to complete the project, staff is requesting a budget amendment to fund the project. The Council discussed concerns of the additional cost(s) associated to the project and whether to delay or move forward with the project. The consensus of the Council was to proceed with the project. 10. Downtown events. (DB) Mr. Baker stated the Parks and Recreation Department are planning four newly funded events and introduced dates and preliminary event titles and ideas regarding the events. 11. Downtown Christmas decorations. (DB) Mr. Baker provided an update to the Council regarding interest in adding additional Christmas decorations to the downtown area. He reviewed a list of options and costs associated with each. The Council discussed their preferences and desire to see more lighting added along Main and Broadway, as well as incorporating the downtown businesses. Page 11 Item 5. Page 5 of 5 12. Regional leadership opportunities. (RB) Ms. Battle reviewed numerous regional boards and councils the Town Council currently serve as well as the Town Council subcommittees. EXECUTIVE SESSION: Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code, as authorized by the Texas Open Meetings Act, to deliberate regarding: Section 551.087 – To discuss and consider Economic Development Incentives and all matters incident and related thereto. Section 551.072 – To discuss and consider purchase, exchange, lease or value of real property for municipal purposes and all matters incident and related thereto. Section 551.074 – To discuss and consider personnel matters and all matters incident and related thereto. Section 551.074 – To discuss appointments to the Board of Adjustment/Construction Board of Appeals, Parks & Recreation Board, Library Board, Prosper Economic Development Corporation Board, and Planning and Zoning Commission. The Town Council recessed into Executive Session at 7:33 p.m. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Town Council reconvened the Regular Session at 8:23 p.m. No action was taken. Adjourn. The meeting was adjourned at 8:23 p.m. These minutes approved on the 29th day of March 2022. APPROVED: Ray Smith, Mayor ATTEST: Michelle Lewis Sirianni, Town Secretary Page 12 Item 5. 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 – March 29, 2022 Agenda Item: Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to stormwater inspections services. Description of Agenda Item: Due to the significant increase in Single Family Permits issued in the past couple of years and the need to remain in compliance with the Town’s Stormwater Management Plan (SWMP) approved by the Texas Commission on Environmental Quality (TCEQ), we are recommending that we utilize a 3rd party inspector to assist our Stormwater Utility Administrator. The 3rd party inspection will support us in the following manner:  Consultant to provide stormwater inspection services for an average of 20 hours per week (for new housing developments) for approximately 23 weeks.  It is anticipated that the inspection consultant will visit each project site an average of 2-3 days per week. The intent of the site visits is to ensure compliance and maintenance of all necessary storm water measures required by the State. If during the course of an inspection, a violation is observed, the following process will be followed: o First Site Visit: Issue warning report to builder/developer of observed violation(s). o Second Site Visit (48-72 hours after first): Issue report of violation(s) to builder/developer, if necessary. o Third Site Visit (48-72 hours after second): Issue follow-up report of violations(s) to builder/developer, if necessary.  Consultant’s inspector will notify the builder/developer directly for reported violations. If at the time of the third reinspection the builder/developer has not complied, a third report will be issued to the builder/developer by the Consultant and the Town of Prosper will handle the “Stop Work” notification to the builder/developer. Prosper is a place where everyone matters. ENGINEERING SERVICES Page 13 Item 6. Page 2 of 2 At the April 9, 2019, Town Council meeting, the Town Council approved a list of qualified engineering firms, which included services for construction management and/or inspection support. Freese and Nichols, Inc., is included on the approved list. Budget Impact: The cost for the services is $50,000. A total of $50,000 was approved for these services in the FY2022 Adopted Budget in Account No. 450-5410-98-02. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard Professional Services Agreement as to form and legality. Attached Documents: 1. Professional Service Agreement Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Professional Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to stormwater inspections services. Proposed Motion: I move to authorize the Town Manager to execute a Professional Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to stormwater inspections services. Page 14 Item 6. 352)(66,21$/6(59,&(6$*5((0(179(56,21 3$*(2) PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND FRESSE AND NICHOLS, INC., FOR STORMWATER INSPECTION SERVICES This Agreement for Professional Services, hereinafter called “Agreement,” is entered into by the Town of Prosper, Texas, a municipal corporation, duly authorized to act by the Town Council of said Town, hereinafter called “Town,” and Freese and Nichols, Inc., a company authorized to do business in Texas, acting through a duly authorized officer, hereinafter called “Consultant,” relative to Consultant providing professional engineering services to Town. Town and Consultant when mentioned collectively shall be referred to as the “Parties.” W I T N E S S E T H: WHEREAS, Town desires to obtain professional stormwater inspection services,hereinafter called “Project”; For the mutual promises and benefits herein described, Town and Consultant agree as follows: 1. Term of Agreement. This Agreement shall become effective on the date of its execution by both Parties, and shall continue in effect thereafter until terminated as provided herein. 2. Services to be Performed by Consultant. The Parties agree that Consultant shall perform such services as are set forth and described in Exhibit A - Scope of Services and incorporated herein as if written word for word. All services provided by Consultant hereunder shall be performed in accordance with the degree of care and skill ordinarily exercised under similar circumstances by competent members of their profession. In case of conflict in the language of Exhibit A and this Agreement, this Agreement shall govern and control. Deviations from the Scope of Services or other provisions of this Agreement may only be made by written agreement signed by all Parties to this Agreement. 3. Prompt Performance by Consultant. Consultant shall perform all duties and services and make all decisions called for hereunder promptly and without unreasonable delay as is necessary to cause Consultant’s services hereunder to be timely and properly performed. Notwithstanding the foregoing, Consultant agrees to use diligent efforts to perform the services described herein and further defined in any specific task orders, in a manner consistent with these task orders; however, the Town understands and agrees that Consultant is retained to perform a professional service and such services must be bound, first and foremost, by the principles of sound professional judgment and reasonable diligence. 4. Compensation of Consultant. Town agrees to pay to Consultant for satisfactory completion of all services included in this Agreement a total fee of Fifty Thousand Dollars ($50,000) for the Project as set forth and described in Exhibit B - Compensation Schedule and incorporated herein as if written word for word. Lump sum fees shall be billed monthly based on the percentage of completion. Hourly not to exceed fees shall be billed monthly based on hours of work that have been completed. Direct Costs for expenses such as mileage, copies, scans, sub- consultants, and similar costs are included in fees and shall be billed as completed. Consultant agrees to submit statements to Town for professional services no more than once per month. These statements will be based upon Consultant's actual services performed and reimbursable expenses incurred, if any, and Town shall endeavor to make prompt payments. Each statement submitted by Consultant to Town shall be reasonably itemized to show the amount of work performed during that period. If Town fails to pay Consultant within sixty (60) calendar days of the receipt of Consultant's invoice, Consultant may, after giving ten (10) days written notice to Town, suspend professional services until paid. Page 15 Item 6. 352)(66,21$/6(59,&(6$*5((0(179(56,21 3$*(2) Nothing contained in this Agreement shall require Town to pay for any work that is unsatisfactory as reasonably determined by Town or which is not submitted in compliance with the terms of this Agreement. The Scope of Services shall be strictly limited. Town shall not be required to pay any amount in excess of the original proposed amount unless Town shall have approved in writing in advance (prior to the performance of additional work) the payment of additional amounts. 5. Town’s Obligations. Town agrees that it will (i) designate a specific person as Town’s representative, (ii) provide Consultant with any previous studies, reports, data, budget constraints, special Town requirements, or other pertinent information known to Town, when necessitated by a project, (iii) when needed, assist Consultant in obtaining access to properties necessary for performance of Consultant’s work for Town, (iv) make prompt payments in response to Consultant’s statements and (v) respond in a timely fashion to requests from Consultant. Consultant is entitled to rely upon and use, without independent verification and without liability, all information and services provided by Town or Town’s representatives. 6. Ownership and Reuse of Documents. Upon completion of Consultant’s services and receipt of payment in full therefore, Consultant agrees to provide Town with copies of all materials and documents prepared or assembled by Consultant under this Agreement and that Town may use them without Consultant's permission for any purpose relating to the Project. Any reuse of the documents not relating to the Project shall be at Town's risk. Consultant may retain in its files copies of all reports, drawings, specifications and all other pertinent information for the work it performs for Town. 7. Town Objection to Personnel. If at any time after entering into this Agreement, Town has any reasonable objection to any of Engineer’s personnel, or any personnel, professionals and/or consultants retained by Engineer, Engineer shall promptly propose substitutes to whom Town has no reasonable objection, and Engineer’s compensation shall be equitably adjusted to reflect any difference in Engineer’s costs occasioned by such substitution. 8. Insurance. Consultant shall, at its own expense, purchase, maintain and keep in force throughout the duration of this Agreement applicable insurance policies as described in Exhibit C - Insurance Requirements and incorporated herein as if written word for word. Consultant shall submit to Town proof of such insurance prior to commencing any work for Town. 9. Indemnification.CONSULTANT DOES HEREBY COVENANT AND AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS TOWN AND ITS OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES AND INVITEES FROM AND AGAINST LIABILITY, CLAIMS, SUITS, DEMANDS AND/OR CAUSES OF ACTION, (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES AND COSTS OF LITIGATION), WHICH MAY ARISE BY REASON OF DEATH OR INJURY TO PROPERTY OR PERSONS BUT ONLY TO THE EXTENT OCCASIONED BY THE NEGLIGENT ACT, ERROR OR OMISSION OF CONSULTANT, ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, INVITEES OR OTHER PERSONS FOR WHOM CONSULTANT IS LEGALLY LIABLE WITH REGARD TO THE PERFORMANCE OF THIS AGREEMENT. IN THE EVENT THAT TOWN AND CONSULTANT ARE CONCURRENTLY NEGLIGENT, THE PARTIES AGREE THAT ALL LIABILITY SHALL BE CALCULATED ON A COMPARATIVE BASIS OF FAULT AND RESPONSIBILITY AND THAT NEITHER PARTY SHALL BE REQUIRED TO DEFEND OR INDEMNIFY THE OTHER PARTY FOR THAT PARTY’S NEGLIGENT OR INTENTIONAL ACTS, ERRORS OR OMISSIONS. 10. Notices. Any notices to be given hereunder by either Party to the other may be affected either by Page 16 Item 6. 352)(66,21$/6(59,&(6$*5((0(179(56,21 3$*(2) personal delivery, in writing, or by registered or certified mail to the following addresses: Freese and Nichols ,Inc. Chris Jones, P.E. / Vice President 801 Cherry Street Fort Worth, Texas 76102 Chris.Jones@freese.com Town of Prosper Harlan Jefferson, Town Manager PO Box 307 Prosper, TX 75078 hjefferson@prospertx.gov 11. Termination. The obligation to provide further services under this Agreement may be terminated by either Party in writing upon thirty (30) calendar days notice. In the event of termination by Town, Consultant shall be entitled to payment for services rendered through receipt of the termination notice. 12. Sole Parties and Entire Agreement. This Agreement shall not create any rights or benefits to anyone except Town and Consultant, and contains the entire agreement between the Parties. Oral modifications to this Agreement shall have no force or effect. 13. Assignment and Delegation. Neither Town nor Consultant may assign its rights or delegate its duties without the written consent of the other Party. This Agreement is binding on Town and Consultant to the extent permitted by law. Nothing herein is to be construed as creating any personal liability on the part of any Town officer, employee or agent. 14. Texas Law to Apply; Successors; Construction. This Agreement shall be construed under and in accordance with the laws of the State of Texas. It shall be binding upon, and inure to the benefit of, the Parties hereto and their representatives, successors and assigns. Should any provisions in this Agreement later be held invalid, illegal or unenforceable, they shall be deemed void, and this Agreement shall be construed as if such provision had never been contained herein. 15. Conflict of Interest. Consultant agrees that it is aware of the prohibited interest requirement of the Town Charter, which is repeated in Exhibit D - Conflict of Interest Affidavit and incorporated herein as if written word for word, and will abide by the same. Further, a lawful representative of Consultant shall execute the Affidavit included in the exhibit. Consultant understands and agrees that the existence of a prohibited interest during the term of this Agreement will render the Agreement voidable. Consultant agrees that it is further aware of the vendor disclosure requirements set forth in Chapter 176, Local Government Code, as amended, and will abide by the same. In this connection, a lawful representative of Consultant shall execute the Conflict of Interest Questionnaire, Form CIQ, attached hereto as Exhibit E - Conflict of Interest Questionnaire and incorporated herein as if written word for word. 16. Venue. The Parties herein agree that this Agreement shall be enforceable in Prosper, Texas, and if legal action is necessary to enforce it, exclusive venue shall lie in Collin County, Texas. 17. Mediation. In the event of any disagreement or conflict concerning the interpretation of this Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit such disagreement to non-binding mediation. 18. Prevailing Party. In the event a Party initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover its reasonable costs and attorney’s fees (including its reasonable costs and attorney’s fees on any appeal). Page 17 Item 6. 352)(66,21$/6(59,&(6$*5((0(179(56,21 3$*(2) 19. “Anti-Israel Boycott” Provision. In accordance with Chapter 2270, Texas Government Code, a Texas governmental entity may not enter into a contract with a company for the provision of goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Chapter 2270 does not apply to a (1) a company that is a sole proprietorship; (2) a company that has fewer than ten (10) full-time employees; or (3) a contract that has a value of less than One Hundred Thousand Dollars ($100,000.00). Unless the company is not subject to Chapter 2270 for the reasons stated herein, the signatory executing this Agreement on behalf of the company verifies by its signature to this Agreement that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 20. Signatories. Town warrants and represents that the individual executing this Agreement on behalf of Town has full authority to execute this Agreement and bind Town to the same. Consultant warrants and represents that the individual executing this Agreement on its behalf has full authority to execute this Agreement and bind Consultant to same. IN WITNESS WHEREOF, the Parties, having read and understood this Agreement, have executed such in duplicate copies, each of which shall have full dignity and force as an original, on the _______ day of _______________________, 20____. FREESE AND NICHOLS, INC. By: Signature Chris Jones Printed Name Vice President/Principal Title 3.16.2022 Date TOWN OF PROSPER, TEXAS By: Signature Harlan Jefferson Printed Name Town Manager Title Date Page 18 Item 6. 352)(66,21$/6(59,&(6$*5((0(179(56,213$*(2) EXHIBIT A SCOPE OF SERVICES PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND FRESSE AND NICHOLS, INC., FOR STORMWATER INSPECTION SERVICES I. PROJECT DESCRIPTION With nearly 1000 permits per year being issued for new home development, The Town of Prosper needs staff augmentation to assist the Town with the inspection of Stormwater Inspection Services for the construction of new homes/developments. II. TASK SUMMARY Task 1 – Stormwater Inspection Services. A. Consultant to provide stormwater inspection services as described herein for an average of 20 hours per week for new housing developments in the Town of Prosper. Schedule of services will be for approximately 23 weeks at the average hours noted. B. Consultant’s inspector’s schedule will generally be visiting the project sites 2-3 days per week with the intent of providing inspection reports documenting violations with re-inspections as per below: a. First Site Visit: Issue warning report to builder/developer of observed violation(s) b. Second Site Visit (48-72 hours after first): Issue report of violation(s) to builder/developer, if necessary. c. Third Site Visit (48-72 hours after second): Issue follow-up report of violations(s) to builder/developer, if necessary. C. Consultant’s inspector will notify the builder/developer directly for reports of violations. If at the time of the third re-inspection the builder/developer has not complied, a third report will be issued to the builder/ developer by the Consultant and the Town of Prosper will handle the "Stop Work" notification to the builder/ developer. D. Inspection documentation will consist of utilizing The Town of Prosper’s standard inspection form with all violations also documented by photographs. E. Consultant’s inspector will develop a typical schedule of inspections based on the residential development locations and will generally follow the schedule unless the Town of Prosper is otherwise notified. F. Inspection reports will utilize the home address of each site unless otherwise agreed upon by Consultant and The Town of Prosper. Consultant Assumptions: 1.Inspections will take place between the hours of 8 AM to 5 PM, Monday thru Friday (based on schedule). III. DELIVERABLES Task 1 – Stormwater Inspection Services: Consultant will provide daily inspection reports of violation(s) (if any) including photographs of witnessed violation(s) to the developer and the Town of Prosper via the Town’s standard report. Reports will be transmitted via email to all parties. Page 19 Item 6. 352)(66,21$/6(59,&(6$*5((0(179(56,21 3$*(2) EXHIBIT B COMPENSATION SCHEDULE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND FRESSE AND NICHOLS, INC., FOR STORMWATER INSPECTION SERVICES I. COMPENSATION SCHEDULE Task Completion Schedule Compensation Schedule Notice-to-Proceed Month Year Task 1 – Stormwater Inspection Services September 2022 $50,000 Total Compensation $50,000 II. COMPENSATION SUMMARY Basic Services (Hourly Not to Exceed) Amount Task 1 – Stormwater Inspection Services $50,000 Total Basic Services: $50,000 The Town of Prosper will be bill at a rate of $108.00 per hour for the services described in this Scope of Work. Special Services (Hourly Not-to-Exceed) Amount Not Applicable $0 Total Special Services: $0 Direct Expenses Amount Not Applicable $0 Total Direct Expenses: $0 Page 20 Item 6. 352)(66,21$/6(59,&(6$*5((0(179(56,21 3$*(2) EXHIBIT C INSURANCE REQUIREMENTS Service provider shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the vendor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be borne by the service provider. A certificate of insurance meeting all requirements and provisions outlined herein shall be provided to the Town prior to any services being performed or rendered. Renewal certificates shall also be supplied upon expiration. A. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. ISO Form Number GL 00 01 (or similar form) covering Commercial General Liability. “Occurrence” form only, “claims made” forms are unacceptable, except for professional liability. 2. Workers Compensation insurance as required by the Labor Code of the State of Texas, including Employers’ Liability Insurance. 3. Automobile Liability as required by the State of Texas, covering all owned, hired, or non-owned vehicles. Automobile Liability is only required if vehicle(s) will be used under this contract. 4. Professional Liability, also known as Errors and Omissions coverage. B.MINIMUM LIMITS OF INSURANCE Service Provider shall maintain throughout contract limits not less than: 1.Commercial General Liability: $500,000 per occurrence /$1,000,000 in the aggregate for third party bodily injury, personal injury and property damage. Policy will include coverage for: a. Premises / Operations b. Broad Form Contractual Liability c. Products and Completed Operations d. Personal Injury e. Broad Form Property Damage 2. Workers Compensation and Employer’s Liability: Workers Compensation limits as required by the Labor Code of the State of Texas and Statutory Employer’s Liability minimum limits of $100,000 each accident, $300,000 Disease- Policy Limit, and $100,000 Disease- Each Employee. 3.Automobile Liability: $500,000 Combined Single Limit. Limits can only be reduced if approved by the Town. Automobile liability shall apply to all owned, hired, and non-owned autos. 4.Professional Liability aka Errors and Omissions: $500,000 per occurrence and in the aggregate. C. DEDUCTIBLES AND SELF-INSURED RETENTIONS Any deductible or self-insured retentions in excess of $10,000 must be declared to and approved by the Town. Page 21 Item 6. 352)(66,21$/6(59,&(6$*5((0(179(56,21 3$*(2) D. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain the following provisions: 1. General Liability and Automobile Liability Coverages a.The Town, its officers, officials, employees, boards and commissions andvolunteers are to be added as “Additional Insured’s” relative to liability arising out of activities performed by or on behalf of the provider, products and completed operations of the provider, premises owned, occupied or used by the provider. The coverage shall contain no special limitations on the scope of protection afforded to the Town, its officers, officials, employees or volunteers. b. The provider’s insurance coverage shall be primary insurance in respects to the Town, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Town, its officers, officials, employees or volunteers shall be in excess of the provider’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town, its officers, officials, employees, boards and commissions or volunteers. d. The provider’s insurance shall apply separately to each insured against whom the claim is made or suit is brought, except to the insured’s limits of liability. 2. Workers Compensation and Employer’s Liability Coverage: The insurer shall agree to waive all rights of subrogation against the Town, its officers, officials, employees and volunteers for losses arising from work performed by the provider for the Town. 3. All Coverages: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled or non-renewed by either party, reduced in coverage or in limits except after 30 days written notice to the Town for all occurrences, except 10 days written notice to the Town for non-payment. 4. Professional Liability and / or Errors and Omissions: “Claims made” policy is acceptable coverage, which must be maintained during the course of the project, and up to two (2) years after completion and acceptance of the project by the Town. E. ACCEPTABILITY OF INSURERS The Town prefers that Insurance be placed with insurers with an A.M. Best’s rating of no less than A- VI, or better. F. VERIFICATION OF COVERAGE Service Provider shall provide the Town with certificates of insurance indicating the coverages required. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of insurance similar to the ACORD Form are acceptable. Town will not accept Memorandums of Insurance or Binders as proof of insurance. The Town reserves the right to require complete, certified copies of all required insurance policies at any time. Certificate holder to be listed as follows: Town of Prosper P.O. Box 307 Prosper, TX 75078 Page 22 Item 6. Page 23 Item 6. 'SFFTFBOE/JDIPMT *OD /" /" 5PXOPG1SPTQFS EXHIBIT E Page 24 Item 6. Page 1 of 2 To: Mayor and Town Council From: Paul Naughton, RLA, Parks Planning Manager Through: Harlan Jefferson, Town Manager Robyn Battle, Executive Director of Community Services Re: Town Council Meeting – March 29, 2022 Agenda Item: Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Dunaway Associates, Inc., and the Town of Prosper, Texas, related to the design of the First and Coit Community Park Phase 1 project. Description of Agenda Item: Dunaway Associates will perform professional design services for the Town of Prosper (“the Town”) to develop the Phase 1 of the First and Coit Community Park. Tasks will include data collection, topographic survey, developing a phase 1 concept plan, schematic design, geotechnical services, design documents, construction drawings, bidding documents and project administration. This Scope of Services is based upon the Sexton Park (a.k.a. First and Coit Community Park) Final Master Plan, dated December 4, 2015, as prepared by Dunaway. The Town has identified the following program priorities for Phase I development:  Lighted Pickleball courts (4-8 courts)  Lighted Tennis Courts (4)  Lighted Baseball/Softball Complex (artificial turf or natural grass)  Parking  Irrigation Pond and Well  Inclusive Playground  Concession Stand with Restroom  Restroom near playground  Large Pavilion for rental  Sprayground  Entry sign  Wayfinding  Hike & Bike Trail  Site Furnishings Prosper is a place where everyone matters. PARKS AND RECREATION Page 25 Item 7. Page 2 of 2 This scope of services and fee schedule are based upon an approximate project budget of $11,800,000.00. On November 4, 2021, the Town received various responses from design firms on a Statement of Qualifications for Design Services for First and Coit Community Park. (SOQ No.2022-13-B). A review committee evaluated each response based on the following criteria: ability to meet the Town’s needs, similar experience, professional qualifications, project management and references. Dunaway Associates was determined to be the best qualified firm to be selected. Dunaway has done work for the Town previously such as developing the First and Coit Community Park Master Plan, Pecan Grove Park Improvements, Frontier Park North, and the Parks, Recreation and Open Space Master Plan. Budget Impact: Funding for this contract in the amount of $1,091,600.00 has been budgeted in the First and Coit Community Park Project (2122-PK) in the Capital Improvement Program. (Acct No. 750-5410-10- 00-2122-PK). Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard Professional Services Agreement as to form and legality. Attached Documents: 1. SOQ Matrix 2. Professional Service Agreement Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Professional Services Agreement between Dunaway Associates, and the Town of Prosper, Texas, related to the design of the First and Coit Community Park Phase 1 project. Proposed Motion: I move to authorize the Town Manager to execute a Professional Services Agreement between Dunaway Associates, and the Town of Prosper, Texas, related to the design of the First and Coit Community Park Phase 1 project. Page 26 Item 7. Page 27 Item 7. PROFESSIONAL SERVICES AGREEMENT V7/19 PAGE 1 OF 10 PROFESSIONALSERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND DUNAWAY ASSOCIATES, LLC FOR THE FIRST & COIT COMMUNITY PARK PHASE I PROJECT 2122-PK This Agreement for Professional Services, hereinafter called “Agreement,” is entered into by the Town of Prosper, Texas, a municipal corporation, duly authorized to act by the Town Council of said Town, hereinafter called “Town,” and Dunaway Associates, LLC, a Texas corporation, acting through a duly authorized officer, hereinafter called “Consultant,” relative to Consultant providing professional services to Town. Town and Consultant when mentioned collectively shall be referred to as the “Parties.” W I T N E S S E T H: WHEREAS, Town desires to obtain professional services in connection with the First & Coit Community Park Phase I Project 2122-PK, hereinafter called “Project”; For the mutual promises and benefits herein described, Town and Consultant agree as follows: 1. Term of Agreement. This Agreement shall become effective on the date of its execution by both Parties, and shall continue in effect thereafter until terminated as provided herein. 2. Services to be Performed by Consultant. The Parties agree that Consultant shall perform such services as are set forth and described in Exhibit A - Scope of Services and incorporated herein as if written word for word. All services provided by Consultant hereunder shall be performed in accordance w ith the degree of care and skill ordinarily exercised under similar circumstances by competent members of their profession. In case of conflict in the language of Exhibit A and this Agreement, this Agreement shall govern and control. Deviations from the Scope of Services or other provisions of this Agreement may only be made by written agreement signed by all Parties to this Agreement. 3. Prompt Performance by Consultant. Consultant shall perform all duties and services and make all decisions called for hereunder promptly and without unreasonable delay as is necessary to cause Consultant’s services hereunder to be timely and properly performed. Notwithstanding the foregoing, Consultant agrees to use diligent efforts to perform the services described herein and further defined in any specific task orders, in a manner consistent with these task orders; however, the Town understands and agrees that Consultant is retained to perform a professional service and such services must be bound, first and foremost, by the principles of sound professional judgment and reasonable diligence. 4. Compensation of Consultant. Town agrees to pay to Consultant for satisfactory completion of all services included in this Agreement a total lump sum fee of one million ninety-one thousand six hundred dollars ($1,091,600.00) for the Project as set forth and described in Exhibit B - Compensation Schedule and incorporated herein as if written word for word. Lump sum fees shall be billed monthly based on the percentage of completion. Hourly not to exceed fees shall be billed monthly based on hours of work that have been completed. Direct Costs for expenses such as mileage, copies, scans, sub -consultants, and similar costs are included in fees and shall be billed as completed. Consultant agrees to submit statements to Town for professional services no more than once per month. These statements will be based upon Consultant's actual services performed and reimbursable expenses incurred, if any, and Town shall endeavor to make prompt payments. Each statement submitted by Consultant to Town shall be reasonably itemized to show the amount of work performed during that period. If Town fails to pay Consultant Page 28 Item 7. PROFESSIONAL SERVICES AGREEMENT V7/19 PAGE 2 OF 10 within sixty (60) calendar days of the receipt of Consultant's invoice, Consultant may, after giving ten (10) days written notice to Town, suspend professional services until paid. Nothing contained in this Agreement shall require Town to pay for any work that is unsatisfactory as reasonably determined by Town or which is not submitted in compliance with the terms of this Agreement. The Scope of Services shall be strictly limited. Town shall not be required to pay any amount in excess of the original proposed amount unless Town shall have approved in writing in advance (prior to the performance of additional work) the payment of additional amounts. 5. Town’s Obligations. Town agrees that it will (i) designate a specific person as Town’s representative, (ii) provide Consultant with any previous studies, reports, data, budget constraints, special Town requirements, or other pertinent information known to Town, when necessitated by a project, (iii) when needed, assist Consultant in obtaining access to properties necessary for performance of Consultant’s work for Town, (iv) make prompt payments in response to Consultant’s statements and (v) respond in a timely fashion to requests from Consultant. Consultant is entitled to rely upon and use, without independent verification and with out liability, all information and services provided by Town or Town’s representatives. 6. Ownership and Reuse of Documents. Upon completion of Consultant’s services and receipt of payment in full therefore, Consultant agrees to provide Town with copies of all materials and documents prepared or assembled by Consultant under this Agreement and that Town may use them without Consultant's permission for any purpose relating to the Project. Any reuse of the documents not relating to the Project shall be at Town's risk. Consultant may retain in its files copies of all reports, drawings, specifications and all other pertinent information for the work it performs for Town. 7. Town Objection to Personnel. If at any time after entering into this Agreement, Town has any reasonable objection to any of Engineer’s personnel, or any personnel, professionals and/or consultants retained by Engineer, Engineer shall promptly propose substitutes to whom Town has no reasonable objection, and Engineer’s compensation shall be equitably adjusted to reflect any difference in Engineer’s costs occasioned by such substitution. 8. Insurance. Consultant shall, at its own expense, purchase, maintain and keep in force throughout the duration of this Agreement applicable insurance policies as described in Exhibit C - Insurance Requirements and incorporated herein as if written word for word. Consultant shall submit to Town proof of such insurance prior to commencing any work for Town. 9. Indemnification. CONSULTANT DOES HEREBY COVENANT AND AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS TOWN AND ITS OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES AND INVITEES FROM AND AGAINST LIABILITY, CLAIMS, SUITS, DEMANDS AND/OR CAUSES OF ACTION, (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES AND COSTS OF LITIGATION), WHICH MAY ARISE BY REASON OF DEATH OR INJURY TO PROPERTY OR PERSONS BUT ONLY TO THE EXTENT OCCASIONED BY THE NEGLIGENT ACT, ERROR OR OMISSION OF CONSULTANT, ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, INVITEES OR OTHER PERSONS FOR WHOM CONSULTANT IS LEGALLY LIABLE WITH REGARD TO THE PERFORMANCE OF THIS AGREEMENT. IN THE EVENT THAT TOWN AND CONSULTANT ARE CONCURRENTLY NEGLIGENT, THE PARTIES AGREE THAT ALL LIABILITY SHALL BE CALCULATED ON A COMPARATIVE BASIS OF FAULT AND RESPONSIBILITY AND THAT NEITHER PARTY SHALL BE REQUIRED TO DEFEND OR INDEMNIFY THE OTHER PARTY FOR THAT PARTY’S NEGLIGENT OR INTENTIONAL ACTS, ERRORS OR OMISSIONS. Page 29 Item 7. PROFESSIONAL SERVICES AGREEMENT V7/19 PAGE 3 OF 10 10. Notices. Any notices to be given hereunder by either Party to the other may be affected either by personal delivery, in writing, or by registered or certified mail to the following addresses: Dunaway Associates, LLC Chris Wilde, Chief Executive Officer 550 Bailey Avenue, Suite 400 Fort Worth, TX 76107 cwilde@dunaway.com Town of Prosper Harlan Jefferson, Town Manager PO Box 307 Prosper, TX 75078 harlan_jefferson@prospertx.gov 11. Termination. The obligation to provide further services under this Agreement may be terminated by either Party in writing upon thirty (30) calendar days notice. In the event of termination by Town, Consultant shall be entitled to payment for services rendered through receipt of the termination notice. 12. Sole Parties and Entire Agreement. This Agreement shall not create any rights or benefits to anyone except Town and Consultant, and contains the entire agreement between the Parties. Oral modifications to this Agreement shall have no force or effect. 13. Assignment and Delegation. Neither Town nor Consultant may assign its rights or delegate its duties without the written consent of the other Party. This Agreement is binding on Town and Consultant to the extent permitted by law. Nothing herein is to be construed as creating any personal liability on the part of any Town officer, employee or agent. 14. Texas Law to Apply; Successors; Construction. This Agreement shall be construed under and in accordance with the laws of the State of Texas. It shall be binding upon, and inure to the benefit of, the Parties hereto and their representatives, successors and assigns. Should any provisions in this Agreement later be held invalid, illegal or unenforceable, they shall be deemed void, and this A greement shall be construed as if such provision had never been contained herein. 15. Conflict of Interest. Consultant agrees that it is aware of the prohibited interest requirement of the Town Charter, which is repeated in Exhibit D - Conflict of Interest Affidavit and incorporated herein as if written word for word, and will abide by the same. Further, a lawful representative of Consultant shall execute the Affidavit included in the exhibit. Consultant understands and agrees that the existence of a prohibited interest during the term of this Agreement will render the Agreement voidable. Consultant agrees that it is further aware of the vendor disclosure requirements set forth in Chapter 176, Local Government Code, as amended, and will abide by the same. In this connection, a lawful representative of Consultant shall execute the Conflict of Interest Questionnaire, Form CIQ, attached hereto as Exhibit E - Conflict of Interest Questionnaire and incorporated herein as if written word for word. 16. Venue. The Parties herein agree that this Agreement shall be enforceable in Prosper, Texas, and if legal action is necessary to enforce it, exclusive venue shall lie in Collin County, Texas. 17. Mediation. In the event of any disagreement or conflict concerning the interpretation of this Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit such disagreement to non-binding mediation. 18. Prevailing Party. In the event a Party initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled Page 30 Item 7. PROFESSIONAL SERVICES AGREEMENT V7/19 PAGE 4 OF 10 to recover its reasonable costs and attorney’s fees (including its reasonable costs and attorney’s fees on any appeal). 19. “Anti-Israel Boycott” Provision. In accordance with Chapter 2270, Texas Government Code, a Texas governmental entity may not enter into a contract with a company for the provision of goods or services u nless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Chapter 2270 does not apply to a (1) a company that is a sole proprietorship; (2) a company that has fewer than ten (10) full-time employees; or (3) a contract that has a value of less than One Hundred Thousand Dollars ($100,000.00). Unless the company is not subject to Chapter 2270 for the reasons stated herein, the signatory executing this Agreement on behalf of the company verifies by its signature to this Agreement that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 20. Signatories. Town warrants and represents that the individual executing this Agreement on behalf of Town has full authority to execute this Agreement and bind Town to the same. Consultant warrants and represents that the individual executing this Agreement on its behalf has full authority to execute this Agreement a nd bind Consultant to same. IN WITNESS WHEREOF, the Parties, having read and understood this Agreement, have executed such in duplicate copies, each of which shall have full dignity and force as an original, on the _______ day of _______________________, 20____. DUNAWAY ASSOCIATES, LLC By: Signature Chris Wilde Printed Name Chief Executive Officer Title Date TOWN OF PROSPER, TEXAS By: Signature Harlan Jefferson Printed Name Town Manager Title Date March 21, 2022 Page 31 Item 7. PROFESSIONAL SERVICES AGREEMENT V7/19 PAGE 5 OF 10 EXHIBIT A SCOPE OF SERVICES PROFESSIONALSERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND DUNAWAY ASSOCIATES, LLC FOR THE FIRST & COIT COMMUNITY PARK PHASE I PROJECT 2122-PK I. PROJECT DESCRIPTION Perform professional design services for Phase 1 of park improvements II. TASK SUMMARY Task A. Data Collection & Topographic Survey Task B. Phase I Conceptual Alternative Task C. Schematic Design Task D. Design Development Task E. Final Construction Documents Task F. Bid Phase Task G. Construction Phase Task H. Erosion Control Plan(s) III. DELIVERABLES Task A – Data Collection & Topographic Survey Existing Conditions Base Map, Kick Off Mtg, Topographic Survey Task B – Phase I Conceptual Alternative Conceptual Alternative, Cost Opinion, Presentation, Concept Plan Task C – Schematic Design SD Drawings, Preliminary OPC, Geotechnical Report Task D – Design Development DD Drawings, TOC for Technical Specs Task E Final Construction Documents 95% CD Drawings, 95% Specs, 100% CD Drawings, 100% Specs Task F – Bid Phase Task G – Construction Phase Task H – Erosion Control Plan(s) Prepare addendum if required. Final Reports, Submittals, Shop Drawings, Punch List, As-builts Provide Plan to CMAR for SWPPP Page 32 Item 7. First and Coit Community Park Phase I - Page 1 of 10 PROPOSAL FOR PROFESSIONAL SERVICES For FIRST AND COIT COMMUNITY PARK PHASE I Prosper, Texas March 16, 2022 I. PROJECT DESCRIPTION Dunaway Associates, L.P. (“Dunaway”) will perform professional design services for the Town of Prosper (“Town”) for improvements at First and Coit Community Park Phase I (“Park”). This work will be guided by the Sexton Park Final Master Plan, as previously developed by Dunaway on December 4, 2015. Dunaway will prepare final construction documents for the Park improvements for the purpose of a Construction Manager at Risk (CMAR) publicly bidding the work in accordance with Town standards. Dunaway’s scope of services includes professional topographic survey, landscape architectural, architectural and engineering services. This scope of services and fee schedule is based upon an approved program and approximate total construction budget of $11,800,000. II. SCOPE OF SERVICES A. Data Collection & Topographic Survey 1. The Town will provide Dunaway existing base data information and electronic files for on-site and off-site conditions including, but not limited to: above and below ground utilities as-built drawings; easements; surveys; property lines; roadways; creek drainage; vegetation, etc. 2. Dunaway will provide an existing conditions Topographic Survey of the approximate 75-acre site. This survey will include the approximate middle of Coit Road, East First Street, and Equestrian Way, and to the southern edge of the pond area on the north. One-foot interval contours will be developed based upon the results of the measurements taken. Existing visible above-ground utility facilities will be located and depicted on the face of the survey along with any other visible improvements situated within the defined area. Town benchmarks (or other benchmarks) will be used as the basis of the vertical datum for this survey. The horizontal datum for this survey will be NAD83, Texas Central Zone, 4202 (State Plane Coordinate System). The dripline of the tree masses along the creek will be Page 33 Item 7. First and Coit Community Park Phase I - Page 2 of 10 located, but not all the individual trees within this massing. For other areas on the site, trees 6-inches dbh and greater will be located, identified, and shown on the face of the survey. 3. Based upon base data information and electronic files as provided by the Town, as well as the existing conditions Topographic Survey, Dunaway will prepare existing conditions base maps. 4. Dunaway team members will attend one (1) kick-off meeting with Town representatives to discuss and confirm points of contact, technical criteria & requirements, the initial park development program, the overall project schedule & milestones, and the process for reviews by the Town. 5. While in Town for item A.4, Dunaway team members will perform one (1) site review with Town representatives to observe the current conditions at the Park, both on-site and off-site, and the areas for proposed development. TASK A – Deliverables: • Existing conditions base map in PDF format • Kick-off meeting notes in PDF format • Topographic Survey in PDF format B. Phase I Conceptual Alternative 1. Dunaway will assemble the previous master plan files (2015), new base map, and concept imagery for a work session with Town staff and other representatives. Dunaway will facilitate a phone conference to discuss program priorities, initial staff ideas, potential theming, construction budget range for Phase I, etc. During this work session, a final list of program priorities will be agreed upon. 2. Based on the final program priorities identified in the group phone conference, Dunaway will prepare one (1) Conceptual Alternative for Phase I development. The Conceptual Alternative will include theming for the overall complex, as well as the possible phasing options. 3. Dunaway will prepare an overall Cost Opinion for the one (1) Conceptual Alternative. 4. Dunaway will attend one (1) meeting with Town staff to review the Conceptual Alternative and Cost Opinion. 5. Dunaway will prepare a consensus Concept Plan & Phasing Plan based upon input and approval by the Town. Page 34 Item 7. First and Coit Community Park Phase I - Page 3 of 10 6. Dunaway will assist Town staff in presenting the consensus Concept Plan & Phasing Plan to the Town Council. TASK B – Deliverables: • One (1) Conceptual Alternative in PDF format • One (1) Cost Opinion in PDF format • Powerpoint presentation in PDF format • Consensus Concept Plan in PDF format C. Schematic Design 1. Based upon the approved Concept Plan, Dunaway will prepare Schematic Design drawings for the proposed Park improvements. The Schematic Design drawings will consist of a preliminary site plan and separate graphics as necessary to show the conceptual configuration of key program elements. 2. In conjunction with the Schematic Design drawings, Dunaway will prepare a Preliminary Opinion of Probable Construction Cost for the proposed improvements. 3. Dunaway will attend one (1) meeting with Town representatives to review the Schematic Design Plans and Preliminary Opinion of Probable Construction Cost. This meeting will confirm the overall design and obtain Town approval before proceeding into the Design Development phase of work. If the Town chooses to increase the program and construction budget, Dunaway will review with the Town the required additional fees necessary to cover the increase in scope of work. Dunaway will not proceed into the Design Development phase until the final program and budget allocations have been approved in writing by the Town. 4. Based on the approved Schematic Design Plans & program, Dunaway will coordinate with a geotechnical engineer subconsultant for conducting site borings in the areas for proposed development. The geotechnical engineer will provide detailed analysis and recommendations/report to the Dunaway team. Dunaway will use the provided geotechnical report for the final design elements. TASK C – Deliverables: • Schematic Design Drawings in hard copy and PDF format • Preliminary Opinion of Probable Cost • Geotechnical report in PDF format D. Design Development Page 35 Item 7. First and Coit Community Park Phase I - Page 4 of 10 1. Based upon approval of the Schematic Design Plans from the Town, Dunaway will prepare Design Development drawings for the proposed Park improvements. The Design Development drawings will be prepared at an approximate 50% level of completion of Construction Documents. 2. The Town and the CMAR will provide to Dunaway all front end documents, contracts, insurance requirements, general conditions, etc. for preparing the technical specifications. 3. Dunaway will prepare a preliminary Table of Contents for technical specifications. 4. Dunaway will submit the Design Development drawings and Table of Contents for the technical specifications to the Town and the CMAR for review and approval. 5. Dunaway will attend one (1) meeting with Town representatives and the CMAR to review the Design Development submittal. The Town will provide, in writing to Dunaway, all review comments for the Design Development submittal. Dunaway will obtain these comments and approval from the Town prior to proceeding into the Final Construction Documents. Dunaway will also provide a photometric plan for the proposed sports field lighting. TASK D – Deliverables: • Design Development Drawings in hard copy and PDF format • List of Technical Specifications Sections (Table of Contents) in hard copy and PDF format E. Final Construction Documents 1. Based upon approval from the Town for the Design Development submittal, Dunaway will prepare Final Construction Documents at an approximate 95% level of completion. The Construction Documents will be comprised of both the drawings and the technical specifications. 2. Based upon the 95% Construction Documents, Dunaway will assist the CMAR in their preparation of a final opinion of probable construction cost for the proposed Park improvements. 3. Dunaway will submit the 95% Construction Documents to the Town and the CMAR for final review and comments. The Town will provide Dunaway final, written comments for all revisions requested for the 95% Construction Documents. Page 36 Item 7. First and Coit Community Park Phase I - Page 5 of 10 4. Dunaway will attend one (1) meeting with Town representatives and the CMAR to review the 95% Construction Documents submittal and Town review comments. At this meeting, the Town will provide final comments, including those from various Town departments, to be included in the 100% Construction Documents. 5. At the 95% Construction Documents stage, Dunaway will submit required plans to the Town of Prosper DRC for review and comment leading to approval. It is anticipated this submittal will include the Plat (see A.6 above) and Site Plan Application with required exhibits. It is Dunaway’s understanding that the Town of Prosper Park Dept. staff will manage the overall DRC review process and will attend all meetings as required by the DRC. Dunaway understands this process may delay or postpone final documents and plan production and that the Town will work to progressively pursue resolution to any such items preventing plan approval, and Dunaway will respond to require changes in like manner. 6. Dunaway will prepare final 100% Construction Documents for the CMAR to utilize in publicly bidding the project. 7. Dunaway will submit the final Construction Documents to a Town-approved, independent reviewer for the required Texas Department of Licensing and Regulation (TDLR) accessibility review. TASK E – Deliverables: • 95% Construction Drawings in hard copy and PDF format • 95% Technical Specifications in hard copy and PDF format • Final (100%) Construction Drawings in hard copy, PDF, and AutoCAD format • Final (100%) Technical Specifications in hard copy and PDF format F. Bid Phase 1. Dunaway will attend a pre-bid meeting with Town representatives, the CMAR, and the potential bidders. 2. Dunaway will assist the CMAR in preparing addendum(s), if required, during the bid G. Construction Phase Page 37 Item 7. First and Coit Community Park Phase I - Page 6 of 10 1. Dunaway will assist the Town and CMAR by attending a maximum of eighteen (18) progress meetings during construction to evaluate completion of work by the Contractors. Should the number of requested meetings increase, such time can be provided by Dunaway (or subconsultants) as an additional service as requested and approved by the Town in writing. The CMAR will be responsible for the day-to-day administration of the construction contract. 2. Dunaway will prepare a written Field Report, as necessary, for key meetings attended during the construction of the project. 3. Dunaway will process and log submittal and shop drawing reviews as submitted by the CMAR during the construction process. 4. Dunaway will assist the Town and CMAR in attending one (1) final project walk- through to review the completion of work, as well as one (1) walk-through prior to substantial completion. Dunaway will provide written comments to the CMAR to utilize in preparing a final “punch list” for work to be completed by the contractors. TASK G – Deliverables: • Field Report in hard copy and PDF format • Submittals & Shop Drawing reviews • Final “Punch List” in hard copy and PDF format • As-built drawings (from contractor’s notes) in CAD and PDF format H. Erosion Control Plan(s) In conjunction with the completion of the Final Construction Documents, Dunaway will prepare Erosion Control Plan(s) and provide to CMAR for their use in preparing a Stormwater Pollution Prevention Plan (SWPPP) for the proposed site development. III. BASIS OF COMPENSATION Page 38 Item 7. First and Coit Community Park Phase I - Page 7 of 10 Dunaway Associates, L.P. will provide the above-described Scope of Services for a Lump Sum fee of one million ninety-one thousand six hundred dollars ($1,091,600.00). A. Data Collection & Topographic Survey $99,515 • Data Collection ($14,515) • Topographic Survey ($85,000) B. Phase I Conceptual Alternative $29,030 C. Schematic Design $87,900 • Schematic Design ($62,900) • Geotechnical ($25,000) D. Design Development $270,930 E. Final Construction Documents $551,530 F. Bid Phase $9,675 G. Construction Phase $29,020 H. Erosion Control Plan(s) $4,000 Total Professional Services $1,081,600 Reimbursable Expenses (Not to Exceed) $10,000 TOTAL $1,091,600 Reimbursable expenses will be additional to the Professional Services cost. These expenses include, but may be limited to such items as: reproduction costs, computer plotting, printing, mounting, travel/mileage, travel/tolls, copies, photography, meals, mail/couriers/deliveries, etc. Reimbursable expenses will be paid for at cost times a 1.10 multiplier. IV. ADDITIONAL SERVICES Page 39 Item 7. First and Coit Community Park Phase I - Page 8 of 10 Additional services, not included in this Scope of Services, will be negotiated with the Town as necessary. Compensation will be based upon either a mutually agreed lump sum fee or on an hourly basis. Additional services must receive written authorization from the Town before being performed. V. ASSUMPTIONS A. The Town has designated a construction budget for the Phase I design program of approximately $11,800,000. Should this construction budget increase or decrease, or should the Town request a substantial number of alternate bid items be included in the construction document package, Dunaway and the Town will reevaluate this Scope of Services and determine the basis of compensation in accordance with revisions to the design services. This Scope of Services is based upon the Sexton Park Final Master Plan, dated December 4, 2015, as prepared by Dunaway. The Town has identified the following program priorities for Phase I development: • Lighted Pickleball courts (4-8 courts) • Lighted Tennis Courts (4) • Lighted Baseball/Softball Complex (artificial turf or natural grass) • Parking • Irrigation Pond and Well • Inclusive Playground • Concession Stand with Restroom • Restroom near playground • Large Pavilion for rental • Sprayground • Entry sign • Wayfinding • Hike & Bike Trail • Site Furnishings B. The Town will provide as expeditiously as possible all base information and electronic files which it currently has in its possession and as necessary to complete the Scope of Services as described herein. All information provided by the Town is assumed to be accurate and complete, unless otherwise indicated by the Town. Any information required to complete this Scope of Services that cannot be readily provided by the Town will remain the responsibility of the Town. Page 40 Item 7. First and Coit Community Park Phase I - Page 9 of 10 C. This Scope of Services does not include any as-built surveys or easements by separate instrument. D. This scope of services does not include Construction Staking Services. E. This Scope of Services does not include any services associated with preparing an Environmental Assessment (EA) or Environmental Impact Statement (EIS). It is not anticipated that the project will require any environmental services. F. This Scope of Services does not include and hydrology/hydraulic analysis, floodplain analysis, etc. for the existing creek/pond. G. This Scope of Services does not include any water agency coordination or permitting with agencies such as US Army Corps of Engineers, TCEQ, FEMA, etc. H. This Scope of Services does not include any services associated with preparing a Cultural Resource Survey and/or coordination with the Texas Historical Commission (THC). I. This Scope of Services does not include any services for traffic studies or transportation engineering/planning studies. However, Dunaway will provide a vehicle routing exhibit depicting the EMS/fire access. J. Dunaway will provide graphics/exhibits to the Town as developed during the design phases and utilized for public input meetings. This Scope of Services does not include specialty marketing materials to be utilized by the Town for such items as brochures, flyers, posters, 3D animations, videos, etc. K. It is anticipated that the CMAR will pay for all required governmental processing fees, public notice advertising costs, and printing of bid documents/plans for bidding and construction. L. It is anticipated that the Phase I park design will be prepared as one bid package. If additional bid packages are required by the Town for phasing breakouts, Dunaway and the Town will reevaluate this Scope of Services to address additional fees not covered in this Scope of Services. M. It is assumed that the CMAR will be responsible for producing all preliminary as- built drawings required for this project. From this information, Dunaway will provide Page 41 Item 7. First and Coit Community Park Phase I - Page 10 of 10 the Town electronic drawings (CAD and PDF format) with information & notes provided by the CMAR. VI. COST ESTIMATES Any Opinion of Probable Construction Cost (OPCC) provided by Dunaway will be on a basis of experience and judgment, but since it has no control over market conditions of bidding procedures, Dunaway cannot warrant that bids or ultimate construction costs will not vary from these OPCC. Dunaway will coordinate OPCC with the CMAR at various steps within the project. Page 42 Item 7. PROFESSIONAL SERVICES AGREEMENT V7/19 PAGE 6 OF 10 EXHIBIT B COMPENSATION SCHEDULE PROFESSIONALSERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND DUNAWAY ASSOCIATES, LLC FOR THE FIRST & COIT COMMUNITY PARK PHASE I PROJECT 2122-PK I. COMPENSATION SCHEDULE Task Completion Schedule Compensation Schedule Notice-to-Proceed Task A – Data Collection & Topographic Survey April-May 2022 $99,515 Task B – Phase I Conceptual Alternative April-Ma y2022 $29,030 Task C – Schematic Design June-July 2022 $87,900 Task D – Design Development Aug-Sept 2022 $270,930 Task E – Final Construction Documents Task F – Bid Phase Task G – Construction Phase Task H – Erosion Control Plan(s) Oct-Dec 2022 Jan-Feb 2023 TBD/Town Dec 2022 $551,530 $9,675 $29,020 $4,000 Total Compensation $1,081,600 II. COMPENSATION SUMMARY Basic Services (Lump Sum) Amount Task A – Data Collection & Topographic Survey $99,515 Task B – Phase I Conceptual Alternative $29,030 Task C – Schematic Design $87,900 Task D – Design Development $270,930 Task E – Final Construction Documents Task F – Bid Phase Task G – Construction Phase Task H – Erosion Control Plan(s) $551,530 $9,675 $29,020 $4,000 Total Basic Services: $1,081,600 Special Services (Hourly Not-to-Exceed) Amount None $0 Total Special Services: $0 Direct Expenses Amount Expenses $10,000 Total Direct Expenses: $10,000 Page 43 Item 7. PROFESSIONAL SERVICES AGREEMENT V7/19 PAGE 7 OF 10 EXHIBIT C INSURANCE REQUIREMENTS Service provider shall procure and maintain for the duration of the contract, insurance against claims for injuries to person s or damages to property which may arise from or in connection with the performance of the work hereunder by the vendor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be borne by the service provider. A certificate of insurance meeting all requirements and provisions outlined herein shall be provided to the Town prior to any services being performed or rendered. Renewal certificates shall also be supplied upon expiration. A. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. ISO Form Number GL 00 01 (or similar form) covering Commercial General Liability. “Occurrence” form only, “claims made” forms are unacceptable, except for professional liability. 2. Workers Compensation insurance as required by the Labor Code of the State of Texas, including Employers’ Liability Insurance. 3. Automobile Liability as required by the State of Texas, covering all owned, hired, or non -owned vehicles. Automobile Liability is only required if vehicle(s) will be used under this contract. 4. Professional Liability, also known as Errors and Omissions coverage. B. MINIMUM LIMITS OF INSURANCE Service Provider shall maintain throughout contract limits not less than: 1. Commercial General Liability: $500,000 per occurrence /$1,000,000 in the aggregate for third party bodily injury, personal injury and property damage. Policy will include coverage for: a. Premises / Operations b. Broad Form Contractual Liability c. Products and Completed Operations d. Personal Injury e. Broad Form Property Damage 2. Workers Compensation and Employer’s Liability: Workers Compensation limits as required by the Labor Code of the State of Texas and Statutory Employer’s Liability minimum limits of $100,000 each accident, $300,000 Disease- Policy Limit, and $100,000 Disease- Each Employee. 3. Automobile Liability: $500,000 Combined Single Limit. Limits can only be reduced if approved by the Town. Automobile liability shall apply to all owned, hired, and non-owned autos. 4. Professional Liability aka Errors and Omissions: $500,000 per occurrence and in the aggregate. C. DEDUCTIBLES AND SELF-INSURED RETENTIONS Any deductible or self-insured retentions in excess of $10,000 must be declared to and approved by the Town. Page 44 Item 7. PROFESSIONAL SERVICES AGREEMENT V7/19 PAGE 8 OF 10 D. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain the following provisions: 1. General Liability and Automobile Liability Coverages a. The Town, its officers, officials, employees, boards and commissions and volunteers are to be added as “Additional Insured’s” relative to liability arising out of activities performed by or on behalf of the provider, products and completed operations of the provider, premises owned, occupied or used by the provider. The coverage shall contain no special limitations on the scope of protection afforded to the Town, its officers, officials, employees or volunteers. b. The provider’s insurance coverage shall be primary insurance in respects to the Town, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Town, its officers, officials, employees or volunteers shall be in excess of the provider’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town, its officers, officials, employees, boards and commissions or volunteers. d. The provider’s insurance shall apply separately to each insured against whom the claim is ma de or suit is brought, except to the insured’s limits of liability. 2. Workers Compensation and Employer’s Liability Coverage: The insurer shall agree to waive all rights of subrogation against the Town, its officers, officials, employees and volunteers for losses arising from work performed by the provider for the Town. 3. All Coverages: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled or non-renewed by either party, reduced in coverage or in limits except after 30 days written notice to the Town for all occurrences, except 10 days written notice to the Town for non-payment. 4. Professional Liability and / or Errors and Omissions: “Claims made” policy is acceptable coverage, which must be maintained during the course of the project, and up to two (2) years after completion and acceptance of the project by the Town. E. ACCEPTABILITY OF INSURERS The Town prefers that Insurance be placed with insurers with an A.M. Best’s rating of no less than A- VI, or better. F. VERIFICATION OF COVERAGE Service Provider shall provide the Town with certificates of insurance indicating the coverages required. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of insurance similar to the ACORD Form are acceptable. Town will not accept Memorandums of Insurance or Binders as proof of insurance. The Town reserves the right to require complete, certified copies of all required insurance policies at any time. Certificate holder to be listed as follows: Town of Prosper P.O. Box 307 Prosper, TX 75078 Page 45 Item 7. PROFESSIONAL SERVICES AGREEMENT V7/19 PAGE 9 OF 10 EXHIBIT D CONFLICT OF INTEREST AFFIDAVIT PROFESSIONALSERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND DUNAWAY ASSOCIATES, LLC FOR THE FIRST & COIT COMMUNITY PARK PHASE I PROJECT 2122-PK THE STATE OF TEXAS § § COUNTY OF ________________ § I, _________________________, a member of the Consultant team, make this affidavit and hereby on oath state the following: I, and/or a person or persons related to me, have the following interest in a business entity that would be affected by the work or decision on the Project (Check all that apply): _____ Ownership of 10% or more of the voting shares of the business entity. _____ Ownership of $25,000.00 or more of the fair market value of the business entity. _____ Funds received from the business entity exceed 10% of my income for the previous year. _____ Real property is involved, and I have an equitable or legal ownership with a fair market value of at least $25,000.00. _____ A relative of mine has substantial interest in the business entity or property that would be affected by my decision of the public body of which I am a member. _____ Other: _________________________________________________. _____ None of the Above. Upon filing this affidavit with the Town of Prosper, Texas, I further affirm that no relative of mine, in the first degree by consanguinity or affinity, as defined in Chapter 573 of the Texas Government Code, is a member of the public body which took action on the agreement. Signed this ___________________ day of _________________________, 20____. ________________________________ Signature of Official / Title BEFORE ME, the undersigned authority, this day personally appeared _______________________________________ and on oath stated that the facts hereinabove stated are true to the best of his / her knowledge or belief. Sworn to and subscribed before me on this _____ day of ________________________, 20 . Notary Public in and for the State of Texas My Commission expires: Page 46 Item 7. PROFESSIONAL SERVICES AGREEMENT V7/19 PAGE 10 OF 10 EXHIBIT E CONFLICT OF INTEREST QUESTIONNAIRE Page 47 Item 7. Page 1 of 2 To: Mayor and Town Council From: Khara Dodds, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Rebecca Zook, P.E., Executive Director of Development & Infrastructure Services Re: Town Council Meeting – March 29, 2022 Agenda Item: Consider and act upon authorizing the Town Manager to execute a Development Agreement between the Prestonwood Baptist Church and the Town of Prosper, Texas, related to the construction of a temporary parking lot (D22-0015). Description of Agenda Item: On March 15, 2022, the Planning and Zoning Commission unanimously approved a site plan for the construction of a 364-space temporary parking lot for Prestonwood Baptist Church at 1001 Prosper Trail, Prosper, Texas. This approval was subject to a Development Agreement to be approved by the Town Council. A Development Agreement has been prepared accordingly. In summary, the Development Agreement describes the following:  Caps the number of temporary parking spaces at 364 spaces.  Identifies the Church as the party fully responsible for maintenance of the temporary parking lot.  Upon termination of use, it requires the Church to restore the area where the parking lot is located back to the condition prior to construction of the lot.  Describes the term limits on the temporary parking lot. The lot shall be permitted for 5 years with 2 one-year extensions. Legal Obligations and Review: Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and legality. Attached Documents: 1. Development Agreement 2. Exhibits Prosper is a place where everyone matters. PLANNING Page 48 Item 8. Page 2 of 2 Staff Recommendation: Staff recommends the Town Council authorize the Town Manager to execute a Development Agreement between the Prestonwood Baptist Church and the Town of Prosper, Texas, related to the construction of a temporary parking lot. Proposed Motion: I move to authorize the Town Manager to execute a Development Agreement between the Prestonwood Baptist Church and the Town of Prosper, Texas, related to the construction of a temporary parking lot. Page 49 Item 8. Page 50 Item 8. Page 51 Item 8. Page 52 Item 8. Page 53 Item 8. Page 54 Item 8. VANVANPROPOSED FIRELANE AS-1216E9-1206E9-3580 AS-1216E9-1206E9-3580 E9-1206AS-1216E9-1215 E9-1206AS-1216E9-1215 E9-1206AS-1216E9-1215E9-1206AS-1216E9-1215 UP E9-1206AS-1216E9-1215 E9-1206AS-1216E9-1215 E9-1206AS-1216E9-1215 E9-1206AS-1216E9-1215E9-1206AS-1216E9-1215 E9-1206AS-1216E9-1215E9-1206AS-1216E9-1215E9-1206AS-1216E9-1215AS-1216E9-1206 E9-3580 AS-1216E9-1206E9-3580 E9-1206AS-1216E9-1215E9-1206AS-1216E9-1215 E9-1206AS-1216E9-1215 UP UP A2014 2 A221 3 A221 2 SK113 Women's RR Education Lobby HallwayClassroom Stair 2 Vestibule 1 Elec Corridor Men's RR Locker Rm 1 Locker Rm 2 Family Toilet Office Reception Workroom OfficeClassroom Classroom Classroom Classroom Classroom Storage Classroom Storage DEDICATEDSTUDENT LOBBY Green Room AV / Media Alcove Alcove Future Stair Gymnasium Women Storm Mech Elec Fire Tech Power Platform/Stage Men Youth Storage Stor. JAN. PHASE 3 GYM AND CLASSROOM ADDITION F.F. 634.05 THESE PLANS HAVE BEEN LOCATED FROM REFERENCE INFORMATION AND AS-BUILT PLANS. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO VERIFY HORIZONTAL AND VERTICAL LOCATION OF ALL EXISTING UTILITIES PRIOR TO CONSTRUCTION. THE CONTRACTOR SHALL TAKE NECESSARY PRECAUTIONS TO PROTECT ALL EXISTING UTILITIES AND WILL BE RESPONSIBLE FOR ANY DAMAGE TO SAID UTILITIES. THE CONTRACTOR SHALL NOTIFY ALL UTILITY COMPANIES PRIOR TO CONSTRUCTION. EXISTING UTILITIES AND UNDERGROUND FACILITIES OF CAUTION: DRAWN BY: DATE: PROJECT NO.SHEET Graham Associates,Inc.CONSULTING ENGINEERS & PLANNERS600 SIX FLAGS DRIVE, SUITE 500ARLINGTON, TEXAS 76011 (817) 640-8535TBPE FIRM: F-1191/TBPLS FIRM: 101538-00 NORTH CAMPUS - PHASE 3 EXPANSION PRESTONWOOD BAPTIST CHURCHTOWN of PROSPER, COLLIN COUNTY, TEXAS GAI 9929-1039 7/19/2019 C1.01 SITE MATCHLINE SHEET C1.02 REVISED SITE PLAN - BLOCK A, LOT 1R Case #: D22-00152 02/28/2022 Page 55 Item 8. PROPOSED FIRELANE UP HallwayClassroom Stair 2 Office Reception Workroom OfficeClassroom Classroom Classroom Classroom Classroom Storage Elec Fire Stor. THESE PLANS HAVE BEEN LOCATED FROM REFERENCE INFORMATION AND AS-BUILT PLANS. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO VERIFY HORIZONTAL AND VERTICAL LOCATION OF ALL EXISTING UTILITIES PRIOR TO CONSTRUCTION. THE CONTRACTOR SHALL TAKE NECESSARY PRECAUTIONS TO PROTECT ALL EXISTING UTILITIES AND WILL BE RESPONSIBLE FOR ANY DAMAGE TO SAID UTILITIES. THE CONTRACTOR SHALL NOTIFY ALL UTILITY COMPANIES PRIOR TO CONSTRUCTION. EXISTING UTILITIES AND UNDERGROUND FACILITIES OF CAUTION: DRAWN BY: DATE: PROJECT NO.SHEET Graham Associates,Inc.CONSULTING ENGINEERS & PLANNERS600 SIX FLAGS DRIVE, SUITE 500ARLINGTON, TEXAS 76011 (817) 640-8535TBPE FIRM: F-1191/TBPLS FIRM: 101538-00 NORTH CAMPUS - PHASE 3 EXPANSION PRESTONWOOD BAPTIST CHURCHTOWN of PROSPER, COLLIN COUNTY, TEXAS GAI 9929-1039 7/19/2019 C1.02 MATCHLINE SHEET C1.01 REVISED SITE PLAN - BLOCK A, LOT 1R Case #: D22-00152 SITE 02/28/2022 Page 56 Item 8. Page 1 of 2 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 – March 29, 2022 Agenda Item: Consider and act upon a Site Plan, Landscape Plan, and Façade Plan for a restaurant with drive- through service (Salad and Go), in the Shops at Prosper Trail development, on 1.1± acres, located on the east side of Preston Road, north of Prosper Trail. The property is zoned Planned Development-68 (PD-68) and Specific Use Permit-39 (S-39). (D22-0011). Description of Agenda Item: On January 11, 2022, Town Council approved S-39 allowing for a Salad and Go restaurant with drive-through service on the subject property. In addition, PD-68 requires Planning & Zoning Commission and Town Council approval of the Site Plan, Landscape Plan, and Façade Plan in this development. The Site Plan shows a restaurant with drive-through service, totaling 750 square feet. The Site Plan, Landscape Plan, and Façade Plan conform to the PD-68 and S-39 development standards. Attached Documents: 1. Location Map 2. Site Plan 3. Landscape Plan 4. Façade Plan Planning & Zoning Commission Recommendation: At their March 1, 2022 meeting, the Planning & Zoning Commission recommended the Town Council approve the Site Plan, Landscape Plan, and Façade Plan for a restaurant with drive- through service (Salad and Go), in the Shops at Prosper Trail development, on 1.1± acres, located on the east side of Preston Road, north of Prosper Trail, subject to the following: 1. Town Council approval of the Site Plan, Landscape Plan, and Façade Plan. 2. Town staff approval of civil engineering, irrigation, open space, and address plans. 3. Town staff approval of all fire hydrants, fire department connections (FDC) and fire lanes, including widths, radii, and location. Prosper is a place where everyone matters. PLANNING Page 57 Item 9. Page 2 of 2 Staff Recommendation: Staff recommends approval of the Site Plan, Landscape Plan, and Façade Plan for a restaurant with drive-through service (Salad and Go), in the Shops at Prosper Trail development, on 1.1± acres, located on the east side of Preston Road, north of Prosper Trail, subject to the following: 1. Town staff approval of civil engineering, irrigation, open space, and address plans. 2. Town staff approval of all fire hydrants, fire department connections (FDC) and fire lanes, including widths, radii, and location. Proposed Motion: I move to approve a Site Plan, Landscape Plan, and Façade Plan for a restaurant with drive- through service (Salad and Go), in the Shops at Prosper Trail development, on 1.1± acres, located on the east side of Preston Road, north of Prosper Trail, subject to the following: 1. Town staff approval of civil engineering, irrigation, open space, and address plans. 2. Town staff approval of all fire hydrants, fire department connections (FDC) and fire lanes, including widths, radii, and location. Page 58 Item 9. Page 59 Item 9. ±439 LF TO EXIST. DRIVEWAY±479 LF TO EXISIT. DRIVEWAY84.99'100.73'90.00'24.97'62.30'23.19'18.00'9.00'6.00'14.00'12.50'12.50'3.00'16.00'24.00'51.19'30.00'18.83'20.19'14.00'21.71'16.00'16.00' 20.02'27.57'24.00'158.87'86.46'24.99'36.23' 34.72'45.44'24.45' 11.34'27.54'R15'R29'R5'R10'R5'R3'R10'R10' R2 0 'R20'R44'R44'R32'R5 'R5'R5'R5'R5'R36'R20'R20'R3'R5'R2 0 ' R 5 'R5'R34'R1'R14'20.0 0 '10.00'13.33'16.33'9.00'15.00'9.00'9.00'9.00'NOTES1.ALL DIMENSIONS ARE SHOWN PERPENDICULAR AND TO THE FRONT OF THE CURB UNLESSOTHERWISE NOTED.2. ALL CURB IS PERMANENT UNLESS NOTED OTHERWISE.3. SEE ARCH. PLANS FOR EXACT BUILDING DIMENSIONS. CONTRACTOR TO NOTIFY ENGINEER OFANY DISCREPANCIES.4. CONTRACTOR TO USE CARE NOT TO DISTURB EXISTING LANDSCAPING OUTSIDE DISTURBEDAREA. IF DISTURB CONTRACTOR TO RESTORE TO ORIGINAL CONDITIONS OR BETTER.5. CONTRACTOR TO VERIFY THE LOCATION OF EXISTING UTILITIES.LEGENDGENERALESTATES ABOVE WIMBLEDON, LOT 3R BLOCK 6, S21-0005EXISTING ZONING:PD -68/COMMERCIAL - REALPROPOSED ZONING: SUPFRONT SETBACK:20 FEETSIDE SETBACK:NONEREAR SETBACK:NONELOT AREA:46,948 SQUARE FEET (1.078 AC)LOT COVERAGE ALLOWED:N/ABUILDING AREA:DRIVE THRU RESTAURANT - 750 SQUARE FEET (0.017 AC)PROPOSED BUILDING AREA: 750 SQUARE FEETPROPOSED BUILDING HEIGHT:1 STORY - 20 FEETEXISTING USE:VACANT LOTPROPOSED USE:RESTAURANT WITH DRIVE-THRU AND NO INDOOR DININGPARKING REQUIRED:10 SPACES (175 SPACE PER SQUARE FEET OF BUILDING)PARKING PROVIDED:10 SPACESHANDICAP PARKING REQUIREED: 1 SPACESHANDICAP PARKING PROVIDED: 2 SPACESLANDSCAPE AREA REQUIRED:3,286 SQUARE FEET (7%)LANDSCAPE AREA PROVIDED: 9,749 SQAURE FEETLOT COVERAGE PERCENTAGE: 0.02%IMPERVIOUS AREA PERCENTAGE: 37,199 SQUARE FEETFLOOR AREA RATIO:0.02 : 1SITE DATA BASED ON SALAD AND GO PROPOSED DEVELOPMENTSITE PLAN REVISIONSSALAD AND GO - PROSPER - PRESTON AND PROSPER TRAIL 1300 NORTH PRESTON ROAD - PROSPER, TEXAS 75078OF No.Date App.SHEET NO.K:\17007\17007-0033-00 Salad and Go - Preston and Prosper Trail\2 Design Phase\CAD\Plans\Site\17007-0033 Site Plan.dwg ACH: February 10, 2022© 2016 Jones | Carter JOB NO.: SCALE:DESIGNED BY.: CHECKED BY: Texas Board of Professional Engineers Registration No. F-439 ABCDEF1234 DATE: DRAWN BY: 4350 Lockhill-Selma Road, Suite 100  San Antonio, Texas 78249  210.494.5511 AS SHOWN FEBRUARY 2022 BENCHMARKALL ELEVATIONS AND BEARINGS SHOWN HEREON ARE BASED ON GPS OBSERVATIONS UTILIZINGTHE ALLTERA RTK NETWORK. NAVD (88) DATUM, (GEOID 12A)TBM ABEING AN "X" CUT ON TOP OF CURB INLET LOCATED ON THE WEST SIDE OF THE EASTERN PRIVATEDRIVE, APPROXIMATELY 14 FEET SOUTH AND 3 FEET EAST OF THE NORTHEAST CORNER NEAR THEPARKING DRIVE AISEL FOR KROGER SUPERMARKET.ELEVATION 747.40 FEET, NAVD 88 (2011 ADJUSTMENT).100-YEAR FLOOD PLAINACCORDING TO MAP NO. 48085C0120J OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY'SFLOOD INSURANCE RATE MAPS FOR COLLIN COUNTY DATED JUNE 2, 2009, THE SUBJECT TRACT ISSITUATED WITHIN: UNSHADED ZONE “X”; DEFINED AS AREA OF MINIMAL FLOOD HAZARD.TEXAS811 NOTIFICATION SYSTEMCALL BEFORE YOU DIG!!!www.texas811.orgTexas811 or 1-800-545-6005CONTRACTOR TO VERIFY ELEVATION AND LOCATIONOF ALL EXISTING UTILITIES PRIOR TOCOMMENCEMENT OF ANY NEW CONSTRUCTIONACH RJA KB217007-0033-00INTERIM REVIEWNot intended for construction,bidding or permit purposes.P.E. Serial No.:Date:Engineer:FEBRUARY 2022137823RYAN J. ALCALA, P.E.C-17LOT 1, BLOCK ATHE SHOPS AT PROSPER TRAILOWNER: KROGERLAND USE: RETAILZONNING: PD-68/COMMERICAL - REALDOC. NO. 2016-193P.R.T.C.TSTATE HIGHWAY 289VARIABLE R.O.W OWNERMQ PROPSER RETAIL, LLC4622 MAPLE AVENUE,SUITE 200DALLAS, TEXAS 75129TEL (972) 980-8789CONTACT: DONALD L. SILVERMANJONES | CARTER, INC.4500 MERCANTILE PLAZA DRIVESUITE 210FORT WORTH, TEXAS 76137TEL (972) 265-7190CONTACT: RYAN ALCALA, PEAPPLICANTEAGLE SURVEYING, LLC210 SOUTH ELM STREETSUITE 104DENTON, TEXAS 76201TEL (940) 222-3009CONTACT: MASON DECKERSURVEYORLOT 6R, BLOCK ATHE SHOPS AT PROSPER TRAILABSTRACT NUMBER: 1721.078 ACRES PREPARATION DATE: 1/20/2022CASE NO. D22-0011ANY REVISION TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL REQUIRE REVISIONS TO ANYCORRESPONDING PLANS TO AVOIDCONFLICTS BETWEEN PLANS.1) DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED PER THE ZONING ORDINANCE.2) OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED PER THE ZONING ORDINANCE.3) OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THEZONING ORDINANCEAND 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 FIREPROTECTION MEASURESMAY BE APPROVED BY THE FIRE DEPARTMENT.7) OCCUPANT NOTIFICATION PER THIS SECTION AND 907.5 SHALL BE REQUIRED FOR ALL NEW CONSTRUCTION,OR EXISTINGCONSTRUCTION COMPLYING WITH THE INTERNATIONAL BUILDING CODE, FOR RENOVATIONS TO EXISTINGBUILDINGS, TENANTSPACES, CHANGES IN OCCUPANCY, REPLACEMENT OR MODIFICATION OF THE EXISTING FIRE ALARM SYSTEM,OR AS REQUIREDBY THE FIRE CODE OFFICIAL, FOR ALL BUILDINGS OR SPACES PROVIDED WITH AN APPROVED AUTOMATICSPRINKLER SYSTEM.8) FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIREDEPARTMENT.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 HOSELAY REQUIREMENTS.AMENDMENT 503.1.112) THE FIRE LANE SHALL BE A MINIMUM OF 24 FEET WIDE. AMENDMENT 503.2.113) BUILDINGS MORE THAN 30 FEET IN HEIGHT ARE REQUIRED TO HAVE A MINIMUM OF A 26-FOOT WIDE FIRELANE IN THEIMMEDIATE VICINITY FOR FIREFIGHTING OPERATIONS OF THE BUILDING. ONE OF THE 26-FOOT WIDE FIRELANES SHALL BE LOCATEDA MINIMUM OF 15 FEET FROM THE BUILDING AND NO MORE THAN 30 FEET. APPENDIX D10514) THE INSIDE TURNING RADIUS OF THE 24-FOOT FIRE LANE SHALL BE A MINIMUM OF 30 FEET. AMENDMENT503.2.415) THE INSIDE TURNING RADIUS OF THE 26-FOOT FIRE LANE SHALL BE A MINIMUM OF 30 FEET. AMENDMENT503.2.416) DEAD-END FIRE LANES ARE ONLY PERMITTED WITH APPROVED HAMMERHEADS.17) FIRE HYDRANTS SHALL BE PROVIDED AT THE ENTRANCES AND INTERSECTIONS. AMENDMENT 507.5.118) AS PROPERTIES DEVELOP, FIRE HYDRANTS SHALL BE LOCATED AT ALL INTERSECTING STREETS AND THEMAXIMUM SPACINGSHALL BE EVERY 300 FEET (300') FOR ALL DEVELOPMENTS, AND FACILITIES OTHER THAN R3. R-3DEVELOPMENTS SHALL BEEVERY 500 FEET (500'). DISTANCES BETWEEN HYDRANTS SHALL BE MEASURED ALONG THE ROUTE THAT FIREHOSE IS LAIDBY A FIRE APPARATUS FROM HYDRANT–TO-HYDRANT, NOT AS THE "CROW FLIES." AMENDMENT 507.5.119) FIRE DEPARTMENT CONNECTION (FDC) FOR THE FIRE SPRINKLER SYSTEM SHALL BE LOCATED WITHIN 50FEET OF A FIRE HYDRANTAND 50 FEET OF A FIRE LANE. 5” STORZ, 30-DEGREE DOWNWARD TURN WITH LOCKING CAP. AMENDMENT507.5.120) FIRE HYDRANTS SHALL BE LOCATED 2 FOOT (2') TO 6 FOOT (6') BACK FROM THE CURB OR FIRE LANE ANDSHALL NOT BE LOCATEDIN THE BULB OF A CUL-DE-SAC. AMENDMENT 507.5.121) THERE SHALL BE A MINIMUM OF TWO (2) FIRE HYDRANTS SERVING EACH PROPERTY WITHIN THEPRESCRIBED DISTANCES LISTEDABOVE. A MINIMUM OF ONE FIRE HYDRANT SHALL BE LOCATED ON EACH LOT. AMENDMENT 507.5.122) A MINIMUM 10-FOOT UNOBSTRUCTED WIDTH SHALL BE PROVIDED AROUND A BUILDING FOR ADEQUATEFIRE DEPARTMENTACCESS. A CONTINUOUS ROW OF PARKING AND LANDSCAPING SHALL BE CONSIDERED A BARRIER.AMENDMENT 503.1.123) THE MAXIMUM DEAD- END CUL-DE-SAC LENGTH SHALL NOT EXCEED SIX HUNDRED FEET (600') ASMEASURED FROM THECENTERLINE OF THE INTERSECTION STREET TO THE CENTER POINT OF THE RADIUS. AMENDMENT 503.1.524) ONE-AND TWO-FAMILY DWELLINGS AUTOMATIC FIRE SYSTEMS. AUTOMATIC FIRE PROTECTION SYSTEMSPER NFPA 13D ORNFPA 13R SHALL BE PROVIDED IN ALL ONE-AND TWO-FAMILY DWELLINGS WITH A CONDITIONED FLOOR AREAOF 5,500SQUARE FEET (511 M2) OR GREATER, DWELLINGS THREE (3) STORIES OR GREATER, OR DWELLINGS WITH ROOFHEIGHTSEXCEEDING THIRTY-FIVE FEET (35') FROM GRADE. IRC-2015 AMENDMENT R313.225) HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITHDISABILITIES 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 SITE PLAN AND ARE SUBJECT TO BUILDINGOFFICIAL APPROVAL.28) ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL AND SHALL CONFORMTO THE APPROVEDFAÇADE PLAN.29) SIDEWALKS OF NOT LESS THAN SIX (6) FEET IN WIDTH ALONG THOROUGHFARES AND COLLECTORS ANDFIVE (5) FEET IN WIDTHALONG RESIDENTIAL STREETS AND BARRIER-FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PERTOWN STANDARDS.30) APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THEENGINEERING SERVICESDEPARTMENT.31) SITE PLAN APPROVAL IS REQUIRED BEFORE THE GRADING RELEASE.32) ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND.33) ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW PER THE ZONING ORDINANCE.34) ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF EASEMENT.35) IMPACT FEES WILL BE ASSESSED PER THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATASUMMARY TABLE;HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAYRESULT IN ADDITIONALIMPACT FEES AND/OR PARKING REQUIREMENTS.36) THE APPROVAL OF A SITE PLAN SHALL BE EFFECTIVE FOR EIGHTEEN (18) MONTHS FROM THE DATE OFAPPROVAL BY THEPLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTEDAND RECEIVEDTHE APPROVAL OF ENGINEERING PLANS AND BUILDING PERMITS. IF THE ENGINEERING PLANS AND BUILDINGPERMITS ARE NOTAPPROVED, THE SITE PLAN APPROVAL, TOGETHER WITH ANY PRELIMINARY SITE PLAN FOR THE PROPERTY, ISNULL AND VOID.SITE PLAN NOTESPROPERTY LINEPARKING COUNTEXIST. FIRELANEEXIST. FIRE HYDRANT TO REMAIN5PROPOSED MENU BOARDPROP. BARRIER FREE RAMPEXIST. CONCRETE DRIVEEXIST. FIRE LANEPROPOSED 4" REINFORCED CONCRETE SIDEWALKEXIST. CONCRETE SIDEWALKPROP. WATER METERPROP. GREASE TRAPTYPEDOMESTIC METER AND SERVICEIRRIGATION METER AND DCDC1"1"ID"a""b"WATER METER SERVICESPROP. GRASE TRAPLOT 6R, BLOCK ATHE SHOPS AT PROSPER TRAILDOC. NO. 20201230010004980P.R.T.C.TLOT 10, BLOCK ATHE SHOPS AT PROSPER TRAILOWNER: KROGERLAND USE: RETAILZONNING: PD-68/COMMERCIAL - REALDOC. NO. 2016-193P.R.T.C.TEXISTING AUTOZONE1340 NORTH PRESTON ROADEXISTING KROGER FUEL CENTER1252 NORTH PRESTON ROADPROPOSEDSALAD AND GODRIVE-THRURESTAURANTFFE: 747.0015' WATER EASEMENTVOLUME 2016, PAGE 193P.R.C.C.T.15' SEWER EASEMENTVOLUME 2016, PAGE 193P.R.C.C.T.15' DRAINAGE EASEMENTVOLUME 2016, PAGE 193P.R.C.C.T.15' DRAINAGE EASEMENTVOLUME 2016, PAGE 193P.R.C.C.T.15' WATER EASEMENTVOLUME 2016, PAGE 193P.R.C.C.T.15' X 15' WATER EASEMENTVOLUME 2016, PAGE 193P.R.C.C.T.15' DRAINAGE EASEMENTVOLUME 2016, PAGE 193P.R.C.C.T.FIRELANE &ACCESS EASEMENTVOLUME 2016, PAGE 193P.R.C.C.T.15' SEWER EASEMENTVOLUME 2016, PAGE 193P.R.C.C.T.0.9' WIDECONCRETERETAININGWALL0.7' WIDECONCRETEWALL15' DRAINAGE EASEMENTDOC. NO. 20201230010004980P.R.C.C.T.6.0 0 'TBM APROP. MENU BOARDSPROP. DUMPSTER ENCLOSURESEE ARCH. PLANS FOR DETAILSPROP. BFRPROP. 5' CURB INLETPROP. 5' CURB INLETPROP. 5' CURB INLETLOT 2, BLOCK ATHE SHOPS AT PROSPER TRAILOWNER: KROGERLAND USE: RETAILZONNING: PD-68/COMMERICAL - REALDOC. NO. 2016-193P.R.T.C.TLOT 7R1, BLOCK ATHE SHOPS AT PROSPER TRAILOWNER: AUTO ZONELAND USE: RETAILZONNING: PD-68/COMMERCIAL - REALDOC. NO. 20201230010004980P.R.T.C.TPROP. WATERMETER "b"PROP. WATER METER "a"6.00'30' LANDSCAPE EASEMENTVOLUME 2016, PAGE 193P.R.C.C.T.5' LANDSCAPE SETBACK5' LANDSCAPE SETBACK5' LANDSCAPE SETBACK5' LANDSCAPE SETBACKPROP. 15' WATER EASEMENT15' SEWER EASEMENTVOLUME 2016, PAGE 193P.R.C.C.T.91PROP. BFRPROP. BFRPROP. BFRSERVICESIZEMETERSIZE112"1"C-6PROJECTLOCATIONVICINITY MAPN.T.S.ZIP CODE: 75078GEOGRPAHIC ID: R-10950-00A-006R-1Page 60Item 9. THE SHOPS AT PROSPER TRAIL DOC. NO. 20201230010004980 P.R.C.C.T. 15' DRAINAGE EASEMENT VOLUME 2016, PAGE 193 P.R.C.C.T. 15' DRAINAGE EASEMENT VOLUME 2016, PAGE 193 P.R.C.C.T. 15' DRAINAGE EASEMENT VOLUME 2016, PAGE 193 P.R.C.C.T. 15' WATER EASEMENT VOLUME 2016, PAGE 193 P.R.C.C.T. 15' X 15' WATER EASEMENT VOLUME 2016, PAGE 193 P.R.C.C.T. 15' DRAINAGE EASEMENT DOC. NO. 20201230010004980 P.R.C.C.T. LOT 6R BLOCK A FIRELANE FIRELANE FIRELANE FIRELANE FIRELANE FIRELANE & ACCESS EASEMENT VOLUME 2016, PAGE 193 P.R.C.C.T. 0.9' WIDE CONCRETE RETAINING WALL 0.7' WIDE CONCRETE WALL TBM X-CUT ELEV.=747.40'STATE HIGHWAY 289RIGHT-OF-WAYWIDTH VARIES1 LE 8 RY BERMUDA SOLID SOD, TYP. 15 TS 9 DBH 2 SO 6 DBH 3 TS 12 AB 3 RB 2 LE 25 AB 21 RY 5 CM 3 CM BERMUDA SOLID SOD, TYP. BERMUDA SOLID SOD, TYP. 15 NRS 6 DY 5 MS 10 GL 5 GL 2 RB 9 AB 4 CM 12 AB 1 RB 7 RB 18 AB 3 RB 21 AB 6 CM 5' SETBACK REVISIONSSALAD AND GO - CITY - PRESTON AND PROSPER TRAIL 1300 NORTH PRESTON ROAD - PROSPER, TEXAS 75078OFNo.DateApp.SHEET NO. RText (RText)© 2016 Jones | CarterJOB NO.:SCALE:DESIGNED BY.:CHECKED BY:Texas Board of Professional Engineers Registration No. F-439A B C D E F 1234DATE:DRAWN BY:4350 Lockhill-Selma Road, Suite 100  San Antonio, Texas 78249  210.494.5511AS SHOWNNOVEMBER 2021a W R AWR Designs, LLC P.O. Box 1746 Aledo, Texas 76008 amanda@awr-designs.com c. 512.517.5589 ST ATE O F T E XASTCETH I R C AEPACSDNALDEE GEISRRT572 4AMANARICHDW. A RDSONLANDSCAPE PLANL1.02 GRAPHIC SCALE FEET04020 SFDOe 1"=20' - 0" GENERAL LAWN NOTES 1.CONTRACTOR SHALL COORDINATE OPERATIONS AND AVAILABILITY OF EXISTING TOPSOIL WITH ON-SITE CONSTRUCTION MANAGER 2. LAWN AREAS SHALL BE LEFT 1" BELOW FINAL FINISHED GRADE PRIOR TO TOPSOIL INSTALLATION. 3. CONTRACTOR TO FIND GRADE AREAS TO ACHIEVE FINAL CONTOURS AS SHOWN ON CIVIL DRAWINGS. POSITIVE DRAINAGE SHALL BE PROVIDED AWAY FROM ALL BUILDINGS. ROUNDING AT TOP AND BOTTOM OF SLOPES SHALL BE PROVIDED AND IN OTHER BREAKS IN GRADE. CORRECT AREAS WHERE STANDING WATER MAY OCCUR. 4. ALL LAWN AREAS SHALL BE FINE GRADED, IRRIGATION TRENCHES COMPLETELY SETTLED AND FINISH GRADE APPROVED BY THE OWNER'S CONSTRUCTION MANAGER OR LANDSCAPE ARCHITECT PRIOR TO LAWN INSTALLATION. 5. CONTRACTOR SHALL REMOVE ALL ROCKS 3/4" IN DIAMETER AND LARGER. REMOVE ALL DIRT CLODS, STICKS, CONCRETE SPOILS, TRASH ETC PRIOR TO PLACING TOPSOIL AND GRASS INSTALLATION. 6. CONTRACTOR SHALL MAINTAIN ALL LAWN AREAS UNTIL FINAL ACCEPTANCE. 7. CONTRACTOR SHALL GUARANTEE ESTABLISHMENT OF ACCEPTABLE TURF AREA AND SHALL PROVIDE REPLACEMENT IF NECESSARY. SOLID SOD: 1. SOLID SOD SHALL BE PLACED ALONG ALL IMPERVIOUS EDGES, AT A MINIMUM. THIS SHALL INCLUDE CURBS, WALKS, INLETS, MANHOLES AND PLANTING BED AREAS. SOD SHALL COVER OTHER AREAS COMPLETELY AS INDICATED BY PLAN. 2. SOD SHALL BE STRONGLY ROOTED DROUGHT RESISTANT SOD, NOT LESS THAN 2 YEARS OLD, FREE OF WEEDS AND UNDESIRABLE NATIVE GRASS AND MACHINE CUT TO PAD THICKNESS OF 3/4" (+1/4"), EXCLUDING TOP GROWTH AND THATCH. 3. LAY SOD BY HAND TO COVER INDICATED AREAS COMPLETELY, ENSURING EDGES ARE TOUCHING WITH TIGHTLY FITTING JOINTS, NO OVERLAPS WITH STAGGERED STRIPS TO OFFSET JOINTS. 4. TOP DRESS JOINTS IN SOD BY HAND WITH TOPSOIL TO FILL VOIDS IF NECESSARY 5. SOD SHALL BE ROLLED TO CREATE A SMOOTH EVEN SURFACE. SOD SHOULD BE WATERED THOROUGHLY DURING INSTALLATION PROCESS. 6. SHOULD INSTALLATION OCCUR BETWEEN OCTOBER 1ST AND MARCH 1ST, OVERSEED BERMUDAGRASS SOD WITH WINTER RYEGRASS AT A RATE OF 4 POUNDS PER 1000 S.F. HYDROMULCH: 1. SCARIFY AND LOOSEN ALL AREAS TO BE HYDROMULCHED TO A MINIMUM DEPTH OF 4" PRIOR TO TOPSOIL AND HYDROMULCH INSTALLATION. 2. BERMUDA GRASS SEED SHALL BE EXTRA HULLED, TREATED LAWN TYPE. SEED SHALL BE DELIVERED TO THE SITE IN ITS ORIGINAL UNOPENED CONTAINER AND SHALL MEET ALL STATE/LOCAL LAW REQUIREMENTS. 3. FIBER SHALL BE 100% WOOD CELLULOSE FIVER, DELIVERED TO THE SITE IN ITS ORIGINAL UNOPENED CONTAINER AS MANUFACTURED BY "CONWEB' OR EQUAL. 4. FIBER TACK SHALL BE DELIVERED TO THE SITE IN ITS UNOPENED CONTAINER AND SHALL BE 'TERRO-TACK ONE', AS MANUFACTURED BY GROWERS, INC OR APPROVED EQUAL. 5. HYDROMULCH WITH BERMUDA GRASS SEET AT A RATE OF 2 POUNDS PER 1000 S.F. 6. USE A BATTER BOARD AGAINST ALL BED AREAS TO PREVENT OVER SPRAY. 7. IF INADEQUATE MOISTURE IS PRESENT IN SOIL, APPLY WATER AS NECESSARY FOR OPTIMUM MOISTURE FOR SEED APPLICATION. 8. IF INSTALLATION OCCURS BETWEEN SEPTEMBER 1ST AND MAY 1ST, ALL HYDORMULCH AREAS SHALL BE OVER-SEEDED WITH WINTER RYE GRASS AT A RATE OF FOUR POUNDS PER ONE THOUSAND SQUARE FEET. CONTRACTOR SHALL BE REQUIRED TO RE-HYDROMULCH WITH BERMUDA GRASS THE FOLLOWING GROWING SEASON AS PART OF THIS CONTRACT. 9. AFTER APPLICATION, NO EQUIPMENT SHALL OPERATE OVER APPLIED AREAS. WATER SEEDED AREAS IMMEDIATELY AFTER INSTALLATION TO SATURATION. 10. ALL LAWN AREAS TO BE HYDROMULCHED SHALL ACHIEVE 100% COVERAGE PRIOR TO FINAL ACCEPTANCE. LANDSCAPE NOTES 1. CONTRACTOR TO VERIFY AND LOCATE ALL PROPOSED AND EXISTING ELEMENTS. NOTIFY LANDSCAPE ARCHITECT OR DESIGNATED REPRESENTATIVE FOR ANY LAYOUT DISCREPANCIES OR ANY CONDITION THAT WOULD PROHIBIT THE INSTALLATION AS SHOWN. SURVEY DATA OF EXISTING CONDITIONS WAS SUPPLIED BY OTHERS 2. CONTRACTOR SHALL CALL 811 TO VERIFY AND LOCATE ANY AND ALL UTILITIES ON SITE PRIOR TO COMMENCING WORK. LANDSCAPE ARCHITECT SHOULD BE NOTIFIED OF ANY CONFLICTS. CONTRACTOR TO EXERCISE EXTREME CAUTION WHEN WORKING NEAR UNDERGROUND UTILITIES. 3. A MINIMUM OF 2% SLOPE SHALL BE PROVIDED AWAY FROM ALL STRUCTURES. 4. CONTRACTOR SHALL FINE GRADE AREAS TO ACHIEVE FINAL CONTOURS AS INDICATED. LEAVE AREAS TO RECEIVE TOPSOIL 3" BELOW FINAL FINISHED GRADE IN PLANTING AREAS AND 1" BELOW FINAL FINISHED GRADE IN LAWN AREAS. 5. LANDSCAPE ISLANDS SHALL BE CROWNED, AND UNIFORM THROUGHOUT THE SITE. 6. PLANTING AREAS AND SOD TO BE SEPARATED BY STEEL EDGING. NO STEEL EDGING SHALL BE INSTALLED ADJACENT TO BUILDINGS, WALKS OR CURBS. EDGING NOT TO BE MORE THAN 1/2" ABOVE FINISHED GRADE. 7. EDGING SHALL BE CUT AT 45 DEGREE ANGLE WHERE IT INTERSECTS WALKS AND/OR CURBS. 8. MULCH SHALL BE INSTALLED AT 1/2" BELOW THE TOPS OF SIDEWALKS AND CURBING. 9. QUANTITIES ON THESE PLANS ARE FOR REFERENCE ONLY. THE SPACING OF PLANTS SHOULD BE AS INDICATED ON PLANS OR OTHERWISE NOTED. ALL TREES AND SHRUBS SHALL BE PLANTED PER DETAILS. 10. CONTAINER GROWN PLANT MATERIAL IS PREFERRED HOWEVER BALL AND BURLAP PLANT MATERIAL CAN BE SUBSTITUTED IF NEED BE AND IS APPROPRIATE TO THE SIZE AND QUALITY INDICATED ON THE PLANT MATERIAL LIST. 11. TREES SHALL BE PLANTED AT A MINIMUM OF 5' FROM ANY UTILITY LINE, SIDEWALK OR CURB. TREES SHALL ALSO BE 10' CLEAR FROM FIRE HYDRANTS. 12. 4" OF SHREDDED HARDWOOD MULCH (2" SETTLED THICKNESS) SHALL BE PLACED OVER WEED BARRIER FABRIC. MULCH SHALL BE SHREDDED HARDWOOD MULCH OR APPROVED EQUAL, PINE STRAW MULCH IS PROHIBITED. 13. WEED BARRIER FABRIC SHALL BE USED IN PLANT BEDS AND AROUND ALL TREES AND SHALL BE MIRAFI 1405 WEED BARRIER OR APPROVED EQUAL. 14. CONTRACTOR TO PROVIDE UNIT PRICING OF LANDSCAPE MATERIALS AND BE RESPONSIBLE FOR OBTAINING ALL LANDSCAPE AND IRRIGATION PERMITS. IRRIGATION: 1. ALL REQUIRED LANDSCAPE AREAS SHALL HAVE AN AUTOMATIC IRRIGATION SYSTEM WITH A FREEZE/RAIN SENSOR. SYSTEM SHALL ALSO HAVE AN ET WEATHER BASED CONTROLLER AND BE DESIGNED AND INSTALLED BY A LICENSED IRRIGATOR. MAINTENANCE REQUIREMENTS: 1. VEGETATION SHOULD BE INSPECTED REGULARLY TO ENSURE THAT PLANT MATERIAL IS ESTABLISHING PROPERLY AND REMAINS IN A HEALTHY GROWING CONDITION APPROPRIATE FOR THE SEASON. IF DAMAGED OR REMOVED, PLANTS MUST BE REPLACED BY A SIMILAR VARIETY AND SIZE. 2. MOWING, TRIMMING, EDGING AND SUPERVISION OF WATER APPLICATIONS SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR UNTIL THE OWNER OR OWNER'S REPRESENTATIVE ACCEPTS AND ASSUMES REGULAR MAINTENANCE. 3. ALL LANDSCAPE AREAS SHOULD BE CLEANED AND KEPT FREE OF TRASH, DEBRIS, WEEDS AND OTHER MATERIAL. MISCELLANEOUS MATERIALS: 1. STEEL EDGING SHALL BE 3/16" X 4 X 16' DARK GREEN DURAEDGE STEEL LANDSCAPE EDGING UNLESS NOTED OTHERWISE ON PLANS/DETAILS. 2. RIVER ROCK SHALL BE ARIZONA RIVER ROCK, 2" - 4" DIAMETER. RIVER ROCK SHALL BE COMPACTED TO A MINIMUM OF 3" DEPTH OVER FILTER FABRIC. 3. DECOMPOSED GRANITE SHALL CONSIST OF A NATURAL MIX OF GRANITE AGGREGATE NOT TO EXCEED 1/8" IN DIAMETER AND COMPOSED OF VARIOUS STAGES OF DECOMPOSED EARTH BASE. DG SHALL BE PLACED OVER FILTER FABRIC AT A MINIMUM OF 3" DEPTH. 4. BOULDERS SHALL BE ON AVERAGE 36" X 24" X 24" AND A MIN. OF 500LBS. BOULDER TO BE SET IN GROUND ON A 1" SAND SETTING BED. APPROXIMATELY 2" BELOW FINISH GRADE. BOULDER SHOULD HAVE A WEATHERED FINISH. EACH BOULDER HAS A NATURAL TOP AND BOTTOM. ENSURE THAT THE BOULDER IS POSITIONED CORRECTLY BEFORE INSTALLATION. PRUNING AND TRIMMING NOTES 1. CONTRACTOR SHALL PRUNE ALL EXISTING TREES ON-SITE USING STANDARD GUIDELINES IN THE INDUSTRY. 2. ALL TREES SHALL BE TRIMMED SO THAT NATURAL SHAPES OF THE PLANTS ARE RETAINED. 3. DO NOT 'TOP' OR 'HEAD' TREES. 4. IF BALLING OR SHEARING OF TREES HAS OCCURRED IN THE PAST, DISCONTINUE THIS PRACTICE AND ALLOW PLANTS TO GROW INTO NATURAL SHAPE. 5. REMOVE SUCKERS, DEAD, DYING, DISEASED, BROKEN AND / OR WEAK BRANCHES FROM ALL TREES ALONG THE MAIN TRUNK STRUCTURE AND WITHIN THE BRANCHING AREA. 6. CONTRACTOR SHALL PRUNE EXISTING DECIDUOUS HARDWOOD BY REMOVING LOWER LIMBS TO RAISE THE CANOPY. THE BOTTOM OF THE CANOPY SHALL BE RAISED TO 12'-0" ABOVE GRADE FOR DECIDUOUS HARDWOOD TREES, WHEN POSSIBLE. THE INTEGRITY OF THE CANOPY AND STRUCTURE OF THE TREE SHALL BE MAINTAINED. DO NOT CUT OR PRUNE CENTRAL LEADERS. 7. CONTRACTOR SHALL THIN THE CANOPY BY ONE-FOURTH. PRUNE TREE TO EVENLY SPACE BRANCHES WITHIN THE CANOPY WHENEVER POSSIBLE. REMOVE THOSE LIMBS THAT CROSS OTHERS, DOUBLE LEADERS AND THOSE THAT EXCESSIVELY EXTEND BEYOND THE NATURAL CROWN OF THE TREE. 8. CONTRACTOR SHALL PROVIDE DEEP ROOT FEEDING AND INVIGORATION OF EXISTING TREES. THIS SHALL BE ORGANIC BASED NUTRIENTS BASED FOR ROOT GROWTH AND LEAF GROWTH STIMULATION. 9. CONTRACTOR SHALL BE REQUIRED TO CHIP ALL REMOVED BRANCHES, LEAFS, ETC. TOWN OF PROSPER LANDSCAPE GENERAL NOTES 1. PLANT MATERIAL SHALL BE MEASURED AND SIZED ACCORDING TO THE LATEST EDITION OF THE TEXAS NURSERY AND 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 CERTIFICATE OF OCCUPANCY, UNLESS OTHERWISE APPROVED BY THE TOWN. 4. GROUND COVERS IN LIEU OF TURF GRASS MUST PROVIDE COMPLETE COVERAGE WITHIN ONE YEAR OF PLANTING AND MAINTAIN ADEQUATE COVERAGE AS APPROVED BY THE TOWN. 5. TREES MUST BE PLANTED FOUR FEET OR GREATER FROM CURBS, SIDEWALKS, UTILITY LINES, SCREENING WALLS AND OR OTHER STRUCTURES. THE TOWN HAS FINAL APPROVAL FOR ALL TREE PLACEMENTS. 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 PIT WITHIN A 24 HOUR PERIOD, THE CONTRACTOR SHALL PROVIDE BERMING OR DEVISE 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 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 BACKHOE, OR USE OF FIRE OR POISON TO CAUSE DEATH OF A TREE. 14. TOPSOIL SHALL BE A MINIMUM OF 8" IN DEPTH IN PLANTING AREAS. SOIL SHALL BE FREE OF STONES, ROOTS AND CLODS AND ANY OTHER FOREIGN MATERIAL THAT IS NOT BENEFICIAL TO PLANT GROWN. 15. ALL PLANT BEDS SHALL BE TOP-DRESSED WITH A MINIMUM OF 3" OF MULCH. 16. TREES OVERHANGING WALKS AND PARKING SHALL HAVE A MINIMUM CLEAR TRUNK HEIGHT OF 7'. TREES OVERHANGING PUBLIC STREET PAVEMENT DRIVE AISLES AND FIRE LANES SHALL HAVE A MINIMUM CLEAR TRUNK HEIGHT OF 14'. 17. A VISIBILITY TRIANGLE MUST BE PROVIDED AT ALL INTERSECTIONS, WHERE SHRUBS ARE NOT TO EXCEED 30" IN HEIGHT AND TREES SHALL HAVE A MINIMUM CLEAR TRUNK HEIGHT OF 9'. 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 3' IN WIDTH. ALL BEDS LESS THAN 3' 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 MATERIALS 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 30 DAYS UNLESS OTHERWISE APPROVED BY THE TOWN OF PROSPER. 22. LANDSCAPE AND OPEN AREAS SHALL BE KEPT FREE OF TRASH, LITER 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 DEPARTMENT IS REQUIRED FOR EACH IRRIGATION SYSTEM. 24. NO PLANT MATERIAL SHALL BE ALLOWED TO ENCROACH ON THE 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 AREA SHALL EXCEED 3:1 SLOPE. 3' HORIZONTAL TO 1' VERTICAL. 26. EARTHEN BERMS SHALL NOT INCLUDE CONSTRUCTION DEBRIS. CONTRACTOR MUST CORRECT SLIPPAGE OR DAMAGE TO THE SMOOTH FINISH GRADE OF THE BERM PRIOR TO ACCEPTANCE. 27. ALL WALKWAYS SHALL MEET A.D.A. AND T.A.S. REQUIREMENTS. 28. CONTACT TOWN OF PROSPER PARKS AND RECREATION DIVISION AT (972) 346-3502 FOR LANDSCAPE INSPECTION. NOTE THAT LANDSCAPE INSTALLATION MUST COMPLY WITH APROVED LANDSCAPE PLANS PRIOR TO FINAL ACCEPTANCE BY THE TOWN AND/OR OBTAINING A CERTIFICATE OF OCCUPANCY. 29. FINAL INSPECTION AND APPROVAL OF SCREENING WALLS, IRRIGATION AND LANDSCAPE IS SUBJECT TO ALL PUBLIC UTILITIES, INCLUDING BUT NOT LIMITED TO MANHOLES, VALVES, WATER METERS, CLEANOUTS, AND OTHER APPURTENANCES, TO BE ACCESSIBLE, ADJUSTED TO GRADE, AND TO THE TOWN OF PROSPER'S PUBLIC WORKS DEPARTMENT STANDARDS. 30. PRIOR TO CALLING FOR LANDSCAPE INSPECTION, CONTRACTOR IS RESPONSIBLE FOR MARKING ALL MANHOLES, VALVES, WATER METERS, CLEANOUTS, AND ALL OTHER UTILITY APPURTENANCES WITH FLAGGING OR FIELD VERIFICATION BY THE TOWN. Page 61 Item 9. FINISH FLOOR 0" B.O. CANOPY 9'-0" B.O. DRIVE THRU CANOPY 11'-0" T.O. LOWER PARAPET 18'-2" T.O. UPPER PARAPET 20'-0" 2 5 6 8 12 BRICK MT-02 MT-01 BUMPSTRFNT 17 11 11 7 10 - ---- ---118 STONE 15 MT-03 19 17 B.O. ROOF 22'-0" T.O. ROOF 26'-6"2' - 0"FINISH FLOOR 0" B.O. CANOPY 9'-0" B.O. DRIVE THRU CANOPY 11'-0" T.O. LOWER PARAPET 18'-2" T.O. UPPER PARAPET 20'-0" BRICK MT-02 MT-01 BUMP 2 11 12 10 - --- MT-01 BUMP 12 9 4 1 18 STONE 19 MT-03 B.O. ROOF 22'-0" T.O. ROOF 26'-6" FINISH FLOOR 0" B.O. CANOPY 9'-0" T.O. UPPER PARAPET 20'-0" 1 6 13 8 BRICK MT-02 MT-01 BUMP 2 7 10 - --- - --- BUMP BUMP 18 STONE MT-01 12 BRICK 2 15 MT-03 B.O. ROOF 22'-0" T.O. ROOF 26'-6" 1819 14 FINISH FLOOR 0" B.O. CANOPY 9'-0" B.O. DRIVE THRU CANOPY 11'-0" T.O. UPPER PARAPET 20'-0" 12 12 11 MT-01 MT-01 710 16 - --- 6 BUMP 8 BRICK 2 STONE 19MT-03 B.O. ROOF 22'-0" T.O. ROOF 26'-6" STONE DESCRIPTION CO LOR EXTERIOR FINISH SCHEDULE STONE FINISH TEXAS STONE DESIGN PRODUCT BUMP STUCCO DRYVIT MT-01 METAL FASCIA MT-02 METAL COPING OYSTER SHELL TBD TBD GRANBURY PAINTED - - BRICKBRICK TIMBERLAND W/ RED FLASHQUIK BRIK N/A CHARCOAL GREY CHARCOAL GREY COBBLE BUMP STRFNT STOREFRONT KAWNEER CLEAR ANODIZED MT-03 METAL ROOFING STANDING SEAM -CHARCOAL GREY EXTERIOR ELEVATION KEYNOTES 1. METAL PARAPET CAP PAINTED SW 7663 'MONORAIL SILVER'. 2. BRICK FINISH AS SCHEDULED. 3. FIRE DEPARTMENT KNOX BOX 4. ELECTRICAL PANELS. REF: ELEC. PAINTED TO MATCH ADJACENT BUILDING MATERIAL 5. SLIDER WINDOW WITH DOUBLE INSULATED GLASS 6. FIXED WINDOW WITH DOUBLE INSULATED GLASS 7. FUTURE BUILDING SIGNAGE LOCATION. ALL SIGNAGE SUBJECT TO BUILDING INSPECTION DEPARTMENT APPROVAL. 8. POP-OUT 9. ELECTRICAL EQUIPMENT. UTILITY BOXES AND CONDUIT TO BE PAINTED TO MATCH BUILDING COLOR. REF: ELECTRICAL. PAINTED TO MATCH ADJACENT BUILDING MATERIAL 10. ROOF LINE, BEHIND 11. PAINTED STEEL COLUMN 12. PAINTED C-CHANNEL CANOPY 13. ACCESSIBLE SERVICE COUNTER 14. STUCCO ACCENTS TO MATCH COMPLEX 15. PAINTED 3'-6" METAL GUARD RAIL 16. BUILDING NUMBER 17. ROOF DRAIN 18. PARAPET WALL TO SCREEN ROOFTOP EQUIPMENT. MECHANICAL EQUIPMENT SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 19. STANDING SEAM METAL ROOF FINISH SAMPLES STONE DRYVIT OYSTER SHELL BUMP MT-01 MT-02 STRFNT CLEAR ANODIZED BRICK QUICK BRIK TIMBERLAND W/ RED FLASH METAL CHARCOAL GREY TEXAS STONE DESIGN INC. GRANBURY COBBLE PAC-CLAD CHARCOAL GREY STANDING SEAM MT-03 STUCCO STONE OVER CMU TO MATCH BUILDING FINISHESENCLOSURE DOORS TO BE SILVER METAL FINISH TO MATCH BUILDING FINISHES METAL GATE TO ALIGN WITH WALL HEIGHT 14' - 7 1/4"8' - 0"14' - 7"8' - 0"8' - 0"16' - 9"8' - 0"STONE DESCRIPTION NORTH ELEVATION MATERIALS STONE PERCENTAGEAREA BUMP STUCCO BRICK BRICK 158.83 S.F.14.54 % 783.58 S.F.68.94 % 150.2 S.F.13.75 % STONE DESCRIPTION EAST ELEVATION MATERIALS STONE PERCENTAGEAREA BUMP BRICK BRICK 39.42 S.F.10.39 % 248.78 S.F.65.56 % 67.38 S.F.17.76 % STONE DESCRIPTION SOUTH ELEVATION MATERIALS STONE PERCENTAGEAREA BUMP BRICK BRICK 147.51 S.F.13.19 % 781.82 S.F.68.75 % 164.9 S.F.14.75 % STONE DESCRIPTION WEST ELEVATION MATERIALS STONE PERCENTAGEAREA BUMP BRICK BRICK 42.19 S.F.11.7 % 209.01 S.F.55.08 % 109.33 S.F.30.32 % STUCCO STUCCO STUCCO SHEET NUMBER: SHEET TITLE: PROJECT #: ORIGINAL ISSUE DATE: PRODUCTION DESIGNER: CHECKED BY: ARCHITECT OF RECORD 513 MAIN STREET, SUITE 300 FORT WORTH, TEXAS 76102 (817) 820-0433 CONTRACTOR SHALL VERIFY ALL CONDITIONS AND DIMENSIONS AT THE JOB SITE AND NOTIFY THE ARCHITECT OF ANY DIMENSIONAL ERRORS, OMISSIONS OR DISCREPANCIES BEFORE BEGINNING OR FABRICATING ANY WORK. DO NOT SCALE DRAWINGS. THIS DRAWING IS A DESIGN DEVELOPMENT DOCUMENT. SITE SPECIFIC MODIFICATIONS MADE UNDER THE RESPONSIBLE CHARGE OF THE ARCHITECT AND/OR ENGINEER-OF-RECORD WILL BE REQUIRED PRIOR TO USING THIS DOCUMENT FOR BIDDING, PERMITTING, OR CONSTRUCTION. FP-01 FACADE PLAN 21-1125 02/10/2022PRESTON & PROSPER TRAIL1300 NORTH PRESTON ROADPROSPER, TX 75048J. JEFFERY A. MORELAND PERMIT SET-02/11/2022 ROGUE ARCHITECTS 513 MAIN STREET, SUITE 300 FORT WORTH, TEXAS 76102 DONNY RORSCHACH (817) 820-0433 PHONE (682) 244-8917 FAX CONTACT: ASHLEY MORELAND ARCHITECT SALAD AND GO CONCEPTS, LLC 743 N. GILBERT RD GILBERT, AZ 85234 MATTHEW COPENHAVER (410) 371-1563 OWNER Scale:3/16" = 1'-0"3 NORTH ELEVATION Scale:3/16" = 1'-0"4 EAST ELEVATION Scale:3/16" = 1'-0"1 SOUTH ELEVATION Scale:3/16" = 1'-0"2 WEST ELEVATION Scale:3/16" = 1'-0"5 DUMPSTER ENCLOSURE ALL SIGNAGE SUBJECT TO BUILDING INSPECTION DEPARTMENT APPROVAL; SEC 22.100.4A. MECHANICAL UNITS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. UTILITY BOXES AND CONDUIT SHALL BE PAINTED TO MATCH BUILDING COLOR. REVISION SCHEDULE REV DATE BY DESCRIPTIONS FACADE PLAN -02/10/2022 Page 62 Item 9. 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 – March 29, 2022 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 Gates of Prosper, Eagle Crossing, Gentle Creek Country Club, Prestonwood Baptist Church, and Prosper Business Park. Description of Agenda Item: Attached are the Preliminary Site Plan and Site Plans that were acted on by the Planning & Zoning Commission at their March 15, 2022, 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 Gates of Prosper 2. Site Plan for Eagle Crossing 3. Site Plan for Gentle Creek Country Club 4. Site Plan for Prestonwood Baptist Church (Temporary Buildings) 5. Site Plan for Prosper Business Park Town Staff Recommendation: Town staff recommends the Town Council take no action on this item. Prosper is a place where everyone matters. PLANNING Page 63 Item 10. SSSSS415771.830TRAVERSE PO INT IR 4 177 43 .470TRAVERSE PO INT MAG NL418757.810TRAVERSE PO INT MAG NL420746 .710BENCH MARK W W W W W W W W W W W W WS 9 3 12 3 10 11 9 4 6 8 9 3 7 4 FLFLFLFLFLFLFLFL F L FL 6 4 2 5ESCAPELANE DRIVETHRUDRIVETHRU10 5 2 FLFL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFL FLFLFLFLFLFL FL FL FL FL FL FL FLFLFL FLFLFLFL70'60'70'60'19'181' 103' TRANSITION 175' STORAGE 479' 24'24' 9' TYP 20'TYP9' TYP 20'TYP9' TYP 9' TYP20'TYPEX FH EX FH EX FH FH FH WM WM WM 23' TYP 15' TYP 11'9' TY P MH MH MH MH CI CI CI CI CI CI JB 10' HIKE & B I K E T R A I L 10' HIKE & BIKE TRAIL7627607587547527 5 0 748 752754756758760762764764758 756 754 756 752 750 748746 7447 4 2 74412' CI WI 11'10' SIDEWALK 10' SIDEWALK 24' 50' 30'50'30' 50' 30' 24' 20' 18' WM 49' 23 '15'FH FH 10' HIKE & B I K E T R A I L FH 18'TYP77'28' MH20' 14'31'44'11' 24' EX WM PROP W.E. PROP W.E. PROP W.E.PROP W.E. PROP W.E. PROP 15' W.E. PROP W.E. PROP W.E. EXISTING W.E. PROP W.E. EX MH 30'PROP W.E.24'PROP S.S.E. PROP S.S.E. PROP S.S.E. 24' EX S.S.E. SH 289 (PRESTO N R O A D ) (VARIABLE WIDTH R O W ) CRAIG R O A D (77' R O W ) BLOCK E, LOT 6 1.15 AC BLOCK E, LOT 5 0.98 AC BLOCK E, LOT 4 0.99 AC BLOCK E, LOT 3 1.04 AC BUILDING 3 4,200 GSF 1 STORY 2,400 GSF RETAIL/ 2,400 GSF RESTAURANT BUILDING 2 4,200 GSF 1 STORY 2,400 GSF RETAIL 2,400 GSF RESTAURANT BUILDING 12,080 GSF1 STORYRETAIL/RESTAURANTBUILDING 4 950 SF 1 STORY RESTAURANT 350 SF PATIO 15' EX WATER EASEMENT 30' BUILDING SETBACK AND LANDSCAPE EASEMENT15' BUILDING SETBACKAND LANDSCAPE EASEMENT15' B UI L DI N G S E T B A C K A N D L A N D S C A P E E A S E M E N T 15' X 23' DUMPSTER ENCLOSUE WITH 8' MASONRY SCREEN WALL 15' X 23' DUMPSTER ENCLOSUE WITH 8' MASONRY SCREEN WALL 15' X 23' DUMPSTER ENCLOSUE WITH 8' MASONRY SCREEN WALL 2' OVERHANG (TYP) EX WYE INLET TO BE REMOVED AND RELOCATED EX CURB INLET TO BE REMOVED AND RELOCATED 15' X 23' DUMPSTER ENCLOSUE WITH 8' MASONRY SCREEN WALL 15' BUILDINGSETBACK15' BUILDING SETBACK15' BUILDING SETBACK15' BUILDING SETBACK15' BU ILD ING SETBACK15' BU ILD ING SETBACK 2' OVERHANG VEGETATIVE HEADLIGHT SCREENING 2' OVERHANG VEGETATIVE HEADLIGHT SCREENING 2' OVERHANG VEGETATIVE HEADLIGHT SCREENING VEGETATIVE HEADLIGHT SCREENING VEGETATIVE HEADLIGHT SCREENING 2' OVERHANG 2' OVERHANG ULTIMATE CRAIG RD. R.O.W ORDER & PICKUP LOCATION ESCAPE LANE PICKUP LOCATION ORDER LOCATION 2' OVERHANG (TYP) 5' LANDSCAPE BUFFER 2' OVERHANG (TYP)N57°04'42"W96.61'N0°55' 4 1 " W 205.7 4' N16°53'41" W 48.95'S89°19'43"W63.37 ' S0°40'17"E 28.71' S89°19'43"W 35.81'N57°48'58"W170.28'S24°15'53"W 85.09' S33°15'53" W 199.32' S24°15'53"W 154.18' N24°15'53"E 130.83' S24°15'53"W 122.30'S63°05'06"E64.82'S89°59'30"E369.25 ' N0°05' 2 8 " W 92.53' N0°04' 4 6 " W 147.6 1' S0°04' 4 6 " E 112.5 5' S26°54'54"W 40.32' N24°20'36"E 13.17' N16°53'41"W 11.65'S89°59'29"E124.06 'S65°39'24"E180.46'∆=24°20'05" R=52.00' L=22.09' CB=S77°49'26"E C=21.92'N89°59'30"W195.00 'N65°39'24"W166.30'∆=24°20'07" R=42.00' L=17.84' CB=N77°49'27"W C=17.70' PRESTON ROAD WATER TOWER BLOCK A, LOT 1 GATES OF PROSPER PHASE 1, BLOCK E, LOT 1 TRACT EIGHT 183 LAND CORPORATION INSTR. NO. 97-0005168 DRCCT 5' LANDSCAPE BUFFER (TYP.) 5' LANDSCAPE BUFFER (TYP.) EX PROPERTY LINE R30' R20' R30' R30' R30' R30'R30' R25'R15'4'12' R30' R30' R30' R30' R20' R20' R54' R20' R20' R50' R30' R5' R20'R3' R18'R30' R15' R20' 50' PROP W.E.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-928RANRANRAKLAST SAVED3/1/2022 6:05 PMPLOTTED BYNARDONE, RACHEL (BECKLER) 3/7/2022 8:19 AMDWG PATHK:\MKN_CIVIL\068109030-GATES OF PROSPER\_DUTCH BROTHERS\CAD\PLANSHEETSDWG NAMEPSP.DWG , [ 24 x 36 ]IMAGES DutchBros :XREFS xSite-DB : xSite-PSP : xStrm-DB : xSurv-DB : xUtil-DB : xUtil-PSP : xCarWash-Design : xBrdr-DB068109030GATES OF PROSPERBLOCK EPROSPER, TEXAS© 2022 KIMLEY-HORN AND ASSOCIATES, INC.01/18/2022Not for construction or permit purposes. FOR REVIEW ONLY Engineer P.E. No.Date132468 RACHEL A. KORUS XX/XX/XXXX PSP-1PRELIMINARY SITE PLAN00 40'80' GRAPHIC SCALE 40' 183 Land Corporation Inc. 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: Rachel Korus, P.E. Phone: (469)-301-2594 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 OPEN SPACE 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 NOTE: 1. ALL OPEN SPACE AND LANDSCAPING SHALL BE PROVIDED IN ACCORDANCE WITH THE REQUIREMENTS OUTLINED IN PD-67 2. FINAL DUMPSTER/TRASH SERVICE LAYOUTS TO BE PROVIDED WITH FINAL DESIGN OF EACH BLOCK AND LOT. 3. ALL DIMENSIONS PROVIDED ARE FROM THE FACE OF CURB. 4. TWO DRIVE THRU RESTAURANTS SHOWN ARE THE FINAL TWO ALLOWED PER PD-67. 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.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 TYP.E 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 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. NOTES VICINITY MAP N.T.S. US 380 HWY 289BNSF RAILROADRICHLAND BLVDCOLEMAN STLOVERS LN LOVERS LNPROJECT SITE CRAIG RDEXISTING FIRE LANE FL FL Page 64 Item 10. 38.00'S 00°00'45" W30.00' S 89°59'15" E 30.00' N 89°59'15" W 42.27'S 00°00'45" W938.02' S 89°09'52" E 23.04'S 01°06'28" WSDMH-RIM=666.6' FL-CHANNEL=660.7' 36" METAL PIPE FL=650.5' FL-24" RCP=654.4' SDMH-RIM=667.1' (SEALED) 36" METAL PIPE FL=652.5' LOT 3, BLOCK A UNITED STATES POSTAL SERVICE ADDITION, VOLUME 2019, PAGE 817 P.R.C.C.T. CALLED 11.296 ACRES COLEMAN STREET 11 ACRE PARTNERS, LLC. DOC. No. 20191007001251960 O.P.R.C.C.T.BURLINGTON NORTHERN RAILROAD100' R.O.W.VOLUME 104, PAGE 557O.P.R.C.C.T.SDMH-RIM=660.3' FL-CHANNEL=654.8' 10' X 10' WATER EASEMENT VOLUME 2011, PAGE 245, P.R.C.C.T. 5N 11°22'12" E 500.58'N 89°50'02" E 358.78'S 00°07'27" W (100.00')S 89°54'31" W (398.75') LOT 2 BLOCK A EAGLES CROSSING ADDITION DOC. NO. 20110902010001730 P.R.C.C.T. LOT 1R, BLOCK A EAGLES CROSSING ADDITION DOC. NO. 20110902010001730 P.R.C.C.T.COLEMAN STREETVARIABLE WIDTH PUBLIC R.O.W.VOLUME 2008, PAGE 434O.P.R.C.C.T.P.R.C.C.T. VOLUME 2008, PAGE 434, 15' WATER EASEMENT FIRELANE FIRELANEFIRELANEFIRELANECONCRETE HEADWALL FL 24" RCP=655.79' CONCRETE HEADWALL CONCRETE HEADWALL FL 36" RCP=656.5' CONCRETE HEADWALL FL 24" RCP=658.4' P.R.C.C.T. VOLUME 2008, PAGE 434, 15' X 15' WATER EASEMENT S 89°59'16" E (316.30') S 89°59'12" E (349.60')S 00°01'36" W (179.38')(S 00°01'33" E 255.4')N 89°53'16" E (424.5')S 00°01'36" W (250.6')CONCRETE RETAINING WALL BLOCK A, LOT 3 4.97 AC 216,647 SF BLOCK A, LOT 1R 2.58 ACRES (112,409 SF) BLOCK A, LOT 2 1.53 ACRES (66,659)FLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL PROPOSED BUILDING #1 43,200 SF TOTAL (10,000 SF OFFICE) (33,200 SF WAREHOUSE) PROPOSED BUILDING #2 29,500 SF TOTAL (9,500 SF OFFICE) (20,000 SF WAREHOUSE)FLVAN VANVAN VANF L FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FL FL FL FL FL FL FLFLFL5' LANDSCAPE SETBACK 5' LANDSCAPE SETBACK5' LANDSCAPE SETBACK 20'20'24'9'20'24'20'R3 0 ' R30' R 3 0 'R30' 20'24'10'24' 24' R30'R5' R 3 0 ' 20'24'20'24'20'9' 9' EX. FH EX. FH EX. FH EX.FH 18'24'18'8'8'8'5'10'18'24'18'9' 8'8'R 1 0 ' R5'R3 0 ' R30' R 5 ' R3 0 'R30'9'18'24'24'9'18'18'24'9' 24'9'EX. FH EX. FH EX. FH EX. SSMH EX. SSMH RAISE TOP TO MATCH PROP. GRADE 20' PROP FH PROP FH PROP FH 20' DRAINAGE EASEMENT DRAINAGE & DETENTION EASEMENT 15' UTILITY EASEMENT 24' FIRELANE, ACCESS & UTILITY EASEMENT 15' SANITARY SEWER EASEMENT 15' ELECTRIC EASEMENT 20'24' FIRELANE ACCESS & UTILITY EASEMENT 30' FIRELANE ACCESS & UTILITY EASEMENT 15' WATER EASEMENT 10' STREET EASEMENT 9'9'20' R 3 0 ' R30' 10' TRASH ENCLOSURE PROP. PUBLIC SSWR ESMT.9'10' EX. SIDEWALK EX. SIDEWALK EX. TREES TO BE REMOVED EX. TREES TO BE REMOVED EX. TREES TO REMAIN EX. TREES TO REMAIN 24'15' 13'15'15' PROP. WATER ESMT. R 3 0 'R15' R30'R15'R30'R30' R3 0 ' 10'9'9'9'9'10'EX. FDC EX. FDC PROP WATER ESMT. EX. FH EX. WATER VALVE24' PROP FDC PROP REMOTE FDC 10' 9'9' 10' EXIST. LIGHT POLE TO BE RELOCATED EXIST. LIGHT POLE TO BE RELOCATED EXIST. LIGHT POLES TO BE RELOCATED PROP. 5' CURB INLET PROP. 5' CURB INLET PROP. 5' CURB INLET PROP. 3' GRATE INLET PROP. 3' GRATE INLET PROP. 3' GRATE INLET PROP. 3' CURB CUT W/CONC RIPRAP PROP. VARIABLE HEIGHT RETAINING WALL BEGIN PROP. VARIABLE HEIGHT RETAINING WALL PROP. VARIABLE HEIGHT WALL BELOW CURB 270'160'100'295' REPLATTED TO ADJUST LOT LINES EX. BUILDING 16,152 SF EX. BUILDING 31,828 SF EXIST. RETAINING WALL TO REMAIN EXIST. LIGHT POLE TO BE RELOCATED EXIST. LIGHT POLE TO BE RELOCATED TRASH ENCLOSURE PROP. WATER ESMT. PROP FH PROP. WATER ESMT. PROP FH PROP. WATER ESMT.PROP FH PROP. 4' CONC. SWALE PROP. 4' CONC. SWALE EXISTING FIRE LANE EXISTING FIRE LANE EXISTING FIRE LANEEXISTING FIRE LANE24' FIRELANE, ACCESS & UTILITY EASEMENT FF 666.30 FF 667.07 END PROP. VARIABLE HEIGHT RETAINING WALL PROP. DRAINAGE ESMT. RIPRAP AT BASE OF WALL RIPRAP AT BASE OF WALL PROP. 3' CURB CUT W/CONC RIPRAP 8' SCREEN WALL ALONG BACK OF CURB 14.44'DATENo.REVISIONBYDATE: SHEET File No. 09/07/2021 CHECKED:MAM DRAWN:DC DESIGN:DCLOT 3EAGLES CROSSING ADDITIONPROSPER, TEXAS1903 CENTRAL DR. #406PHONE: 817.281.0572BEDFORD, TX 76021 WWW.CLAYMOOREENG.COMPRELIMINARY CLAYMOORE ENGINEERING TEXAS REGISTRATION #14199 VICINITY MAP N.T.S. 0 GRAPHIC SCALE 1 inch = ft. 50 50 100 50 25 LEGEND PROPOSED FIRE LANE EXISTING FIRE LANE PROPOSED CONCRETE CURB AND GUTTER PROPERTY LINE FIRE LANE EASEMENT LINE FULL DEPTH SAW CUT PROPOSED FIRE HYDRANT FIRE DEPT. CONNECTION COUNTY SURVEY:ABSTRACT NO. COLLIN COLLIN COUNTY SCHOOL LAND 147 CITY:STATE: PROSPER TEXAS LEGAL DESCRIPTION: OWNER: APPLICANT/REPRESENTATIVE: CLAYMOORE ENGINEERING, INC. 301 S. COLEMAN, SUITE #40 PROSPER, TX 75078 PH: 817.201.6982 SURVEYOR: EAGLE SURVEYING,LLC 210 S. ELM STREET, SUITE #104 DENTON, TX 76201 PH: 940.222.3009 SITE PLAN CONTACT NAME: DREW DONOSKY CONTACT NAME: TEDD A. GOSSETT LOT 3 EAGLES CROSSING ADDITION CONTACT NAME: DRAKE STOBARTN COLEMAN STRAILROADDALLAS PKWYW PROSPER TRAIL SITE EAGLE CROSSING ADDITION VOLUME 2011, PAGE 245 LOT 3 BLOCK A, 5.39 ACRES TOWN OF PROSPER, COLLIN COUNTY, TEXAS CROSSMAR TEXAS INVESTMENTS 4 LLC 1500 E CENTRAL AVE STE 110 BENTONVILLE, AR 72712 PH: 479.619.6409 SITE PLANSP-1 ACCORDING TO MAP NO. 48085C0235J, DATED JUNE 2, 2009 OF THE NATIONAL FLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF COLLIN COUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERAL INSURANCE ADMINISTRATION, THIS PROPERTY IS WITHIN ZONE "X" (UNSHADED) AND IS NOT WITHIN A SPECIAL FLOOD HAZARD AREA. FLOODPLAIN NOTE WATER METER SCHEDULE ID TYPE SIZE NO. DOM.2"2 IRR.1 1/2"1 1 2*NO 100-YEAR FLOODPLAIN EXISTS ON THE SITE* 1 1 2 CASE # :D21-0091 TOWN OF PROSPER SITE PLAN GENERAL NOTES: 1.DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 2.OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 3.OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE. 4.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 5.ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 6.BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE DEPARTMENT. 7.FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. 8.TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 9.SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 10.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 11.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 12.ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. 13.ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL AND SHALL CONFORM TO THE APPROVED FAÇADE PLAN. 14.SIDEWALKS OF NOT LESS THAN SIX (6’) FEET IN WIDTH ALONG THOROUGHFARES AND COLLECTORS AND FIVE (5’) IN WIDTH ALONG RESIDENTIAL STREETS, AND BARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS. 15.APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE ENGINEERING DEPARTMENT. 16.SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE. 17.ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 18.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE. 19.ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF EASEMENT. 20.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 21.ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED. 22.THE APPROVAL OF A SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF EIGHTEEN (18) MONTHS FROM THE DATE OF APPROVAL BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED 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. 23.REFER TO ARCHITECTURAL PLANS FOR BUILDING DIMENSIONS AND EXACT DOOR LOCATIONS. Page 65 Item 10. FLAG POLE 55. 9 '7.9'41. 2 ' 38. 7 '8.0'33. 2 ' 32. 1 '107.2'57. 3 '32.0'8.0 '25.9'29. 4 '8.1'57. 3 ' 49. 3 '49.3'8.0'16.1'15.9'64.6' 23.5'8.6 '64.9 ' TWO STORY STONE & CONCRETE CLUB HOUSE 13,126 EXTERIOR SQUARE FEET ONE STORY STORAGE BUILDING DRAIN DRAIN DRAIN DRAIN TBM #2 "X" CUT SET ELEV=706.12' T746 T747 T748 T749 T750 CONCRETE PAVING BRICK PAVING BRICK PAVING BRICKPAVINGCONCRETE PAVING CONCRETE PAVING CONCRETE PAVING CONCRETE PAVING CONCRETE PAVING CONCRETE PAVING CONCRETE PAVINGCONCRETESIDEWALK C O N C R E T E SI D E W A L K CONCRETE PAVING BRICK PAVING CONCRETECONCRETE SIDEWALK 10'10'26.5'10'R10' R20'48.6'8'39.27'20'15'28'24.17'R10' R10' 10'17.94'PROPOSED CONCRETE PAVEMENT 1,165 S.F. PROPOSED CONCRETE PAVEMENT 474 S.F. PROPOSED CONCRETE PAVEMENT 572 S.F. EXISTING TRANSFORMER EXISTING GAS METER EXISTING TREE EXISTING TREE EXISTING TREE EXISTING TREE EXISTING TRANSFORMER EXISTING PATIO WALK-IN PAD EXISTING CONDENSER YARD PROPOSED SCREEN/FENCE BY OWNER PROPOSED CONCRETE PAVEMENT 265 S.F. RELOCATE EX. GREASE TRAP R 5 ' ANY LANDSCAPING IMPACTED BY THE PROPOSED IMPROVEMENTS SHALL BE REPLACED. SITE SITE PLANSP-1 VICINITY MAP N.T.S. NOTES: 1.ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED. 2.REFER TO ARCHITECTURAL PLANS FOR BUILDING DIMENSIONS AND EXACT DOOR LOCATIONS. 3.REFER TO ARCHITECTURAL PLANS FOR FENCE AND GATE DETAILS. LEGEND STANDARD DUTY CONCRETE PAVEMENT SIDEWALK CONCRETE PAVEMENT PROPOSED CONCRETE CURB AND GUTTER PROPOSED SAW-CUT 0 GRAPHIC SCALE 1 inch = ft. 20 20 40 20 10 DATENo.REVISIONBYDATE: SHEET 12/10/2021 CHECKED:ASD DRAWN:CMH DESIGN:ASD1905 CENTRAL DR. SUITE #406PHONE: 817.281.0572BEDFORD, TX 76021 WWW.CLAYMOOREENG.COMTEXAS REGISTRATION #14199 TEMPORARY BENCHMARK #1 BEING AN "X" CUT FOUND ON CONCRETE STORM INLET LOCATED ALONG THE WEST SIDE OF AN ENTRANCE DRIVE TO THE MAIN BUILDING LOCATED ON THE SUBJECT PROPERTY, AND APPROXIMATELY 47 FEET WEST AND 28 FEET SOUTH OF A FIRE HYDRANT LOCATED NEAR THE DRIVE ENTRANCE OF THE MAIN BUILDING. ELEV. = 704.83' TEMPORARY BENCHMARK #2 BEING AN "X" CUT SET ON CONCRETE PAVING LOCATED AT THE APPROXIMATE CENTER OF THE RADIUS OF THE MAIN ENTRANCE PARKING LOCATED IN FRONT OF THE MAIN BUILDING OF THE SUBJECT PROPERTY AND APPROXIMATELY 10 FEET WEST AND 87 FEET NORTH OF A FIRE HYDRANT LOCATED NEAR THE DRIVE ENTRANCE TO SAID MAIN BUILDING.GENTLE CREEK COUNTRYCLUB - SITE IMPROVEMENTS3131 E PROSPER TRLPROSPER, TX 75078File No:---- PRELIMINARY CLAYMOORE ENGINEERING COUNTY SURVEY:ABSTRACT NO. COLLIN W. HORN 376 CITY:STATE: PROSPER TEXAS LEGAL DESCRIPTION: OWNER: APPLICANT: CLAYMOORE ENGINEERING, INC. 1903 CENTRAL DRIVE - SUITE 406 BEDFORD, TX 76021 PH: 817.281.0572 SURVEYOR: WINDROSE 220 ELM STREET - SUITE 200 LEWISVILLE, TX 75057 PH: 214.214.2544 HUIE CONSTRUCTION CO. AND PROSPER LAND COMPANY 6175 W. MAIN STREET - SUITE 370 FRISCO, TEXAS 75034 CONTACT NAME: DREW DONOSKY CONTACT NAME: ___________ W. HORN;376 HUIE CONSTRUCTION CO. AND PROSPER LAND COMPANY 8.69 ACRES CONTACT NAME: ___________ ZONING DESCRIPTION: SF - SINGLE FAMILY / PD-1 POPERTY ID: 2531535 LEGAL ACREAGE: 8.69 GE N T L E CR E E K T R A I L CRO O K E D STIC K D R E PROSPER TRAIL LAKEVIEW DR VISTA VIEW LN ME A D O W RID G E D R N COIT ROADTOWN OF PROSPER SITE PLAN GENERAL NOTES: 1.DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 2.OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 3.OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE. 4.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 5.ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 6.BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE DEPARTMENT. 7.FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. 8.TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 9.SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 10.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 11.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 12.ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. 13.ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL AND SHALL CONFORM TO THE APPROVED FAÇADE PLAN. 14.SIDEWALKS OF NOT LESS THAN SIX (6’) FEET IN WIDTH ALONG THOROUGHFARES AND COLLECTORS AND FIVE (5’) IN WIDTH ALONG RESIDENTIAL STREETS, AND BARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS. 15.APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE ENGINEERING DEPARTMENT. 16.SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE. 17.ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 18.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE. 19.ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF EASEMENT. 20.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 21.ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED. 22.THE APPROVAL OF A SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF EIGHTEEN (18) MONTHS FROM THE DATE OF APPROVAL BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED 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. 23.REFER TO ARCHITECTURAL PLANS FOR BUILDING DIMENSIONS AND EXACT DOOR LOCATIONS.D22-0017Page 66 Item 10. VANVANPROPOSED FIRELANE AS-1216E9-1206E9-3580 AS-1216E9-1206E9-3580 E9-1206AS-1216E9-1215 E9-1206AS-1216E9-1215 E9-1206AS-1216E9-1215E9-1206AS-1216E9-1215 UP E9-1206AS-1216E9-1215 E9-1206AS-1216E9-1215 E9-1206AS-1216E9-1215 E9-1206AS-1216E9-1215E9-1206AS-1216E9-1215 E9-1206AS-1216E9-1215E9-1206AS-1216E9-1215E9-1206AS-1216E9-1215AS-1216E9-1206 E9-3580 AS-1216E9-1206E9-3580 E9-1206AS-1216E9-1215E9-1206AS-1216E9-1215 E9-1206AS-1216E9-1215 UP UP A2014 2 A221 3 A221 2 SK113 Women's RR Education Lobby HallwayClassroom Stair 2 Vestibule 1 Elec Corridor Men's RR Locker Rm 1 Locker Rm 2 Family Toilet Office Reception Workroom OfficeClassroom Classroom Classroom Classroom Classroom Storage Classroom Storage DEDICATEDSTUDENT LOBBY Green Room AV / Media Alcove Alcove Future Stair Gymnasium Women Storm Mech Elec Fire Tech Power Platform/Stage Men Youth Storage Stor. JAN. PHASE 3 GYM AND CLASSROOM ADDITION F.F. 634.05 THESE PLANS HAVE BEEN LOCATED FROM REFERENCE INFORMATION AND AS-BUILT PLANS. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO VERIFY HORIZONTAL AND VERTICAL LOCATION OF ALL EXISTING UTILITIES PRIOR TO CONSTRUCTION. THE CONTRACTOR SHALL TAKE NECESSARY PRECAUTIONS TO PROTECT ALL EXISTING UTILITIES AND WILL BE RESPONSIBLE FOR ANY DAMAGE TO SAID UTILITIES. THE CONTRACTOR SHALL NOTIFY ALL UTILITY COMPANIES PRIOR TO CONSTRUCTION. EXISTING UTILITIES AND UNDERGROUND FACILITIES OF CAUTION: DRAWN BY: DATE: PROJECT NO.SHEET Graham Associates,Inc.CONSULTING ENGINEERS & PLANNERS600 SIX FLAGS DRIVE, SUITE 500ARLINGTON, TEXAS 76011 (817) 640-8535TBPE FIRM: F-1191/TBPLS FIRM: 101538-00 NORTH CAMPUS - PHASE 3 EXPANSION PRESTONWOOD BAPTIST CHURCHTOWN of PROSPER, COLLIN COUNTY, TEXAS GAI 9929-1039 7/19/2019 C1.01 SITE MATCHLINE SHEET C1.02 REVISED SITE PLAN - BLOCK A, LOT 1R Case #: D22-00152 02/28/2022 Page 67 Item 10. PROPOSED FIRELANE UP HallwayClassroom Stair 2 Office Reception Workroom OfficeClassroom Classroom Classroom Classroom Classroom Storage Elec Fire Stor. THESE PLANS HAVE BEEN LOCATED FROM REFERENCE INFORMATION AND AS-BUILT PLANS. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO VERIFY HORIZONTAL AND VERTICAL LOCATION OF ALL EXISTING UTILITIES PRIOR TO CONSTRUCTION. THE CONTRACTOR SHALL TAKE NECESSARY PRECAUTIONS TO PROTECT ALL EXISTING UTILITIES AND WILL BE RESPONSIBLE FOR ANY DAMAGE TO SAID UTILITIES. THE CONTRACTOR SHALL NOTIFY ALL UTILITY COMPANIES PRIOR TO CONSTRUCTION. EXISTING UTILITIES AND UNDERGROUND FACILITIES OF CAUTION: DRAWN BY: DATE: PROJECT NO.SHEET Graham Associates,Inc.CONSULTING ENGINEERS & PLANNERS600 SIX FLAGS DRIVE, SUITE 500ARLINGTON, TEXAS 76011 (817) 640-8535TBPE FIRM: F-1191/TBPLS FIRM: 101538-00 NORTH CAMPUS - PHASE 3 EXPANSION PRESTONWOOD BAPTIST CHURCHTOWN of PROSPER, COLLIN COUNTY, TEXAS GAI 9929-1039 7/19/2019 C1.02 MATCHLINE SHEET C1.01 REVISED SITE PLAN - BLOCK A, LOT 1R Case #: D22-00152 SITE 02/28/2022 Page 68 Item 10. LOT 8 BLOCK A PROSPER BUSINESS PARK DOC. NO. 2020-234 P.R.C.C.T.LOT 9BLOCK BPROSPER BUSINESS PARKDOC. NO. 2021-655P.R.C.C.T.LOT 3BLOCK BPROSPER BUSINESS PARKDOC. NO. 2021-655P.R.C.C.T.LOT 7 BLOCK A PROSPER BUSINESS PARK VOL. 2017, PG. 715 P.R.C.C.T. 8" TREE SANITARY SEWER EASEMENT VOLUME 2017, PAGES 715-718 P.R.C.C.T. 15'X15' DRAINAGE EASEMENT VOLUME 2017, PAGES 715-718 P.R.C.C.T. 15' SANITARY SEWER EASEMENT VOLUME 4349, PAGE 1904 D.R.C.C.T. 10' SANITARY SEWER EASEMENT VOLUME 2017, PAGES 715-718 P.R.C.C.T. VARIABLE WIDTH ELECTRIC EASEMENT VOLUME 2017, PAGES 715-718 P.R.C.C.T. 15' LANDSCAPE EASEMENT DOC. NO. 2020-234 O.P.R.C.C.T. 15' LANDSCAPE EASEMENT DOC. NO. 2020-234 -O.P.R.C.C.T.15' LANDSCAPE EASEMENTDOC. NO. 2020-234 -O.P.R.C.C.T.15' SANITARY SEWER EASEMENT VOLUME 3903, PAGE 231 D.R.C.C.T.BURLINGTON NORTHERN SANTA FERAILROAD COMPANY100' RIGHT-OF-WAY8.93 ACRES 388,955 SQ. FT. TBM X-CUT N=7139574.80 E=2486525.38 Z=651.92'SDMH-RIM=647.91' FL-24"RCP=643.21' (S) TBM X-CUT N=7139609.60 E=2486078.40 Z=648.15' 30' WIDE FIRE LANE S 4 5 ° 0 2 ' 4 6 " E 35.36'S0°02'22"E311.43'EXISTING CONCRETE TECHNOLOGY LNTECHNOLOGY LN9'18'24'9'18'6.5'9'9'9'18'24'18'9'9' 9'R3 0 ' R30' R30'R3 0 ' R 3 0 ' R30' 18'30'9'29.5'30'R30'R3 0 ' R30'30'6' 6' 4.5' 2 2 2 2 2 2 3 3 3 3 34 4 5 6 9 9 9 30'16'30'R50'R50'R80' R80' GATE GATE GATE GATE MATERIAL BINS RAINWATER HARVESTING TANKWAREHOUSE 8,667 SF OFFICE 11,876 SF PROPOSED FENCING STORAGE YARD FLAG POLE 111.69'133.91'49.45'N 89°56'09" E 402.51'N 00°02'22" W 771.30'N 89°56'57" E 30.00'S 11°20'33" W 1009.51'S 78°39' 2 7 " E 7 8 . 2 8 ' 4 4 4 4 9 9 40'x15' PAD DUMPSTER LOCATION4.5' FH FH FH FH FH FDC 144.75'88.08'66.67'131'5.5' R1 0 ' R4' WM IM MECHANICAL UNITS 9 FDC R30' 444.5'6'PROPOSED 8' HIGH MASONRY WALL PROPOSED 8' HIGH MASONRY WALL W/LIVING SCREEN ALONG EAST SIDE CALLED 16.38 ACRES TOWN OF PROSPER, TEXAS DOC. NO. 20190204000116920 O.P.R.C.C.T. SANITARY SEWER EASEMENT VOLUME 2017, PAGES 715-718 P.R.C.C.T. VARIABLE WIDTH ELECTRIC EASEMENT VOLUME 2017, PAGES 715-718 P.R.C.C.T. 15' SANITARY SEWER EASEMENT VOLUME 3903, PAGE 231 D.R.C.C.T.BURLINGTON NORTHERN SANTA FERAILROAD COMPANY100' RIGHT-OF-WAYPROPOSED 8' HIGH MASONRY WALL 8' MASONRY SCREEN WALL STORAGE YARD PROPOSED 8' HIGH MASONRY WALL W/LIVING SCREEN ALONG EAST SIDE N 00°02'22" W 233.50'S 89°56'51" W 309.07'S 11°20'33" W 1009.51'5' LANDSCAPE SETBACK SITE PLANSP-1 0 GRAPHIC SCALE 1 inch = ft. 50 50 100 50 25 DATENo.REVISIONBYDATE: SHEET CASE NO. CHECKED: ASD DRAWN:DC DESIGN:PROSPER BUSINESS PARKLOT 8, BLOCK B631 INDUSTRY WAYPROSPER, TEXAS1903 CENTRAL DRIVE, SUITE #406PHONE: 817.281.0572BEDFORD, TX 76021 WWW.CLAYMOOREENG.COMTEXAS REGISTRATION #14199 ASD 3/1/2022 PRELIMINARY CLAYMOORE ENGINEERING MATCH LINE THIS SHEET MATCH LINE THIS SHEET GENERAL SITE PLAN NOTES: 1.ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED. 2.REFER TO ARCHITECTURAL PLANS FOR BUILDING DIMENSIONS AND EXACT DOOR LOCATIONS. 3.REFER TO ARCHITECTURAL PLANS FOR FENCE AND GATE DETAILS. CONSTRUCTION SCHEDULE 4" PARKING STALL STRIPING COLOR: WHITE (TYP) CURB & GUTTER PROPOSED PEDESTRIAN RAMP HANDICAP SYMBOL PAVEMENT STRIPING HANDICAP SIGN CURB STOP PER DETAIL PROPOSED SIDEWALK PROPOSED TRASH ENCLOSURE PROPOSED SERVICE RAMP 2 3 4 5 6 7 8 9 10 11 LEGEND LIGHT DUTY CONCRETE PAVEMENT MODERATE DUTY CONCRETE PAVEMENT FLEX BASE MATERIAL TRUCK/DUMPSTER AREA CONCRETE PAVEMENT PROPOSED CONCRETE SIDEWALK PROPOSED CONCRETE CURB AND GUTTER PARKING COUNT FULL-DEPTH SAWCUT PROPOSED FIRE LANE STRIPING BENCHMARKS: NO. 1 "X-CUT AT THE TERMINUS OF THE EXISTING SIDEWALK ON THE WEST SIDE OF COOK LANE, +/- 1450' SOUTH OF THE CENTERLINE INTERSECTION OF COOK LANE AND PROSPER TRAIL. ELEV: 635.56' NO. 2 SQUARE CUT ON THE SOUTH END OF A HEADWALL, ON THE EAST SIDE OF COOK LANE, +/- 1050' SOUTH OF THE CENTERLINE INTERSECTION OF COOK LANE AND PROSPER TRAIL. ELEV: 636.18' VICINITY MAP N.T.S. N SITE N COLEMAN ST.PROSPER TR.N PRESTON RD.E 1ST ST.W 1ST ST. SITE PLAN NOTES: 1.DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED PER THE ZONING ORDINANCE. 2.OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED PER THE ZONING ORDINANCE. 3.OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE. 4.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 5.ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 6.BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE 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 ABOVE. 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 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 PER THE ZONING ORDINANCE. 34.ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF EASEMENT. 35.IMPACT FEES WILL BE ASSESSED PER THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE 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 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. COUNTY SURVEY:ABSTRACT NO. COLLIN COUNTY SCHOOL 147 CITY:STATE: TOWN OF PROSPER TEXAS LEGAL DESCRIPTION: OWNER: APPLICANT/ENGINEER: CLAYMOORE ENGINEERING, INC. 1903 CENTRAL DRIVE, SUITE #406 BEDFORD, TX 76021 PH: 817.281.0572 CASE #: D22-0016 CONTACT NAME: MATT MOORE COLLIN LOT 8, BLOCK B, PROSPER BUSINESS PARK AN ADDITION TO THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS ACCORDING TO THE PLAT THEREOF RECORDED UNDER DOCUMENT NUMBER 2020-134, PLAT RECORDS, DENTON COUNTY, TEXAS ARCHITECT ALLIANCE ARCHITECTS 1600 N. COLLINS BLVD. STE #1000 RICHARDSON, TX 75080 PH: 972.233.0400 CONTACT NAME: ZACH WELDY ACCORDING TO MAP NO. 48085C0235J, DATED 06/02/2009 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", (AREAS DETERMINED TO BE OUTSIDE OF THE 0.2% ANNUAL CHANCE FLOODPLAIN). IF THIS SITE IS NOT WITHIN AN IDENTIFIED SPECIAL FLOOD HAZARD AREA, THIS FLOOD STATEMENT DOES NOT IMPLY THAT THE PROPERTY AND/OR THE STRUCTURES THEREON WILL BE FREE FROM FLOODING OR FLOOD DAMAGE. ON RARE OCCASIONS, GREATER FLOODS CAN AND WILL OCCUR AND FLOOD HEIGHTS MAY BE INCREASED BY MAN-MADE OR NATURAL CAUSES. THIS FLOOD STATEMENT SHALL NOT CREATE LIABILITY ON THE PART OF THE SURVEYOR. FLOODPLAIN NOTE Page 69 Item 10. Page 1 of 3 To: Mayor and Town Council From: Rebecca Zook, Executive Director of Development and Infrastructure Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – March 29, 2022 Agenda Item: Consider and act upon approving a resolution supporting U.S. Highway 380 as a Controlled Access Highway and strongly opposing the consideration of the Gold and Brown Alternative Segment B alignment as presented by TxDOT at their US 380 EIS Public Meeting occurring on March 22, 2022 from 5:30-7:30 pm and their on-line virtual Public Meeting from 5:30 pm March 22, 2022 to 11:59 pm April 6, 2022, due to the negative impacts on the Town of Prosper and since the alternative alignments are inconsistent with the Town’s Thoroughfare Plan and the current alignment of said highway. Description of Agenda Item: As Council is aware, the Texas Department of Transportation (TxDOT) conducted a feasibility study regarding the identification of an alignment for the future Controlled Access Highway of U.S. Highway 380 that began in 2017 and culminated in a formal report in March 2020. The Town of Prosper was heavily involved throughout the three (3) year process by clearly identifying and supporting an alignment within the limits of the Town. In late 2021, TxDOT commenced the Environmental Impact Study (EIS) for the project. As part of the EIS, TxDOT has reintroduced an alignment that cuts through the Town of Prosper (Brown and Gold Alignment Segment B). For the past 5 years, the Town has remained involved and steadfast in it’s support of the US 380 Project. In an effort to show support and cooperation, the Town passed six (6) Resolutions between April 2017 and July 2021 clearly identifying the preferred alignment of keeping 380 on 380 within the Town’s jurisdictional limits. For the past 9 months, Town staff has continued to be involved and meet with TxDOT to collaborate on the schematic design for the Segment A alignment within the limits of Prosper (widening of US 380 on the current alignment). The meetings have occurred on a monthly basis and during each meeting, Town staff has taken the opportunity to reiterate its support for the Segment A alignment and its opposition to Segment B within Prosper. As part of the EIS process, TxDOT held an in person public meeting on March 22, 2022 from 5:30 to 7:30 pm sharing design schematics of various alignments between Coit Road in Prosper to FM 1827 East of McKinney and seeking public input. In addition to the in person meeting, TxDOT is also holding a virtual public meeting at www.keepitmovingdallas.com/US380EISPublicMeeting that began on March 22, 2022 at 5:30 pm and will remain open until 11:59 pm on April 6, 2022. TxDOT is seeking public comments during this 15-day period as required by their standards and the EIS process. Prosper is a place where everyone matters. ENGINEERING SERVICES Page 70 Item 11. Page 2 of 3 Town staff is recommending that the Town Council approve a new resolution reaffirming its opposition to the Gold and Brown Alternative Segment B alignment as presented as part of the Environmental Impact Study and submit the resolution during the 15-day comment period. The attached resolution states the following:  The Town Council supports the current alignment of U.S. Highway 380 expanding to a Limited Access Roadway (LAR).  The Town Council continues to support TxDOT’s Recommended Alignment as presented in both the May 6, 2019 Public Meeting and included within the U.S. 380 Collin County Feasibility Study Final Report completed in March 2020.  The Town Council expresses its strong opposition to any alignment that is not consistent with the Towns Thoroughfare Plan and is not on the current alignment of U.S. Highway 380 in the Town.  The Town Council expresses its strong opposition to any proposed alignment consideration of the Gold or Brown Alternative Segment B alignments for U.S. Highway 380 within the corporate limits of the Town of Prosper as presented at the TxDOT Public Meeting held on March 22, 2022 from 5:30 to 7:30 pm and included in the on-line Public meeting available from March 22nd at 5:30 pm – April 6th at 11:59 pm and as included on the website: www.keepitmovingdallas.com/US380EISPublicMeeting.  The Town Council is opposed to the Gold or Brown Alternative Segment B alignments due to their impacts and close proximity to the ManeGait Therapeutic Horsemanship Rehabilitation Center providing equine therapy to children and adults with disabilities.  The Town Council is opposed to the Gold or Brown Alternative Segment B alignments due to their impacts on existing and future residential and commercial developments in Prosper to include Founders Classical Academy, Wandering Creek, Malabar Hills, Brookhollow East, Brookhollow Multi-Family, Prosper ISD High School #3, a proposed cemetery and Ladera, an age restricted senior community.  The Town Council is opposed to the Gold or Brown Alternative Segment B alignments due to the fact that the alignments could significantly increase ground-level ozone that would impact at least two (2) environmentally sensitive facilities, Founders Classical Academy and ManeGait Therapeutic Horsemanship Rehabilitation Center, both of which serve children and/or individuals with disabilities and said alignments would be in conflict with Air Quality guidelines.  The Town Council expresses its strong opposition to a proposed alignment within the corporate limits fully and wholly that harmfully disrupts the community cohesion of the Town by disjoining a section of the Town’s jurisdiction.  The Town Council directs Town staff not to coordinate with TxDOT or any other entity related to the preservation of right-of-way for the expansion of U.S. Highway 380 as a Limited Access Roadway while there exists alternative options under consideration for U.S. Highway 380 within the corporate limits of the Town of Prosper other than locating US 380 on its current alignment. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the resolution as to form and legality. Attached Documents: 1. Resolution 2. Prosper Development Map 3. Thoroughfare Plan Page 71 Item 11. Page 3 of 3 Town Staff Recommendation: Town staff recommends that the Town Council approve a resolution supporting U.S. Highway 380 as a Controlled Access Highway and strongly opposing the consideration of the Gold or Brown Alternative Segment B alignments as presented by TxDOT at their US 380 EIS Public Meeting occurring on March 22, 2022 from 5:30-7:30 pm and their on-line virtual Public Meeting from 5:30 pm March 22, 2022 to 11:59 pm April 6, 2022, due to the negative impacts on the Town of Prosper and since the alternative alignments are inconsistent with the Town’s Thoroughfare Plan and the current alignment of said highway. Proposed Motion: I move to approve a resolution supporting U.S. Highway 380 as a Controlled Access Highway and strongly opposing the consideration of the Gold or Brown Alternative Segment B alignments as presented by TxDOT at their US 380 EIS Public Meeting occurring on March 22, 2022 from 5:30- 7:30 pm and their on-line virtual Public Meeting from 5:30 pm March 22, 2022 to 11:59 pm April 6, 2022, due to the negative impacts on the Town of Prosper and since the alternative alignments are inconsistent with the Town’s Thoroughfare Plan and the current alignment of said highway. Page 72 Item 11. TOWN OF PROSPER, TEXAS RESOLUTION NO. 2022-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, SUPPORTING U.S. HIGHWAY 380 AS A CONTROLLED ACCESS HIGHWAY; CONTINUE SUPPORTING THE TXDOT RECOMMENDED ALIGNMENT AS PRESENTED ON MAY 6, 2019, FOR U.S. HIGHWAY 380 WITHIN THE CORPORATE LIMITS OF THE TOWN; STRONGLY OPPOSING ANY PROPOSED ALIGNMENT CHANGE, INCLUDING THE PROPOSED GOLD OR BROWN ALTERNATIVE SEGMENT B ALIGNMENTS AS PRESENTED AND PART OF TXDOT’S U.S. 380 EIS PUBLIC MEETING ON MARCH 22, 2022, VIRTUAL PUBLIC MEETING FROM MARCH 22 THROUGH APRIL 6, 2022, AND THE SCHEMATIC DESIGN AND WITHIN THE CORPORATE LIMITS OF THE TOWN OF PROSPER; OPPOSING SAID ALIGNMENTS BECAUSE THEY ARE IN CONFLICT WITH EXISTING AND FUTURE DEVELOPMENT ALONG SAID ALTERNATIVES, AS MORE FULLY DESCRIBED IN THIS RESOLUTION; FINDING THAT SAID ALIGNMENTS ARE NOT CONSISTENT WITH THE TOWN’S THOROUGHFARE PLAN AND CURRENT ALIGNMENT OF SAID ROADWAY;AND HARMFULLY DISRUPT THE COMMUNITY COHESION OF PROSPER; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, since October 2018, the Texas Department of Transportation (“TxDOT”) has held numerous public hearings and to consider the feasibility study of expanding U.S. Highway 380 in Collin County to a Limited Access Roadway, or more commonly referred to by TxDOT as a Controlled Access Highway; and WHEREAS, TxDOT’s initial public meetings did not include a bypass option for U.S. Highway 380 within the Town’s corporate limits while later plans did include a bypass option within the Town’s corporate limits; and WHEREAS, the Town of Prosper has adopted six (6) prior resolutions in support of the current alignment of U.S. Highway 380 expanding to a Limited Access Roadway (LAR) within the corporate limits of the Town; and WHEREAS, the Town’s Thoroughfare Plan, adopted after multiple public hearings and intensive citizen input, depicts U.S. Highway 380 along its current route; and WHEREAS, TxDOT presented the TxDOT Recommended Alignment for U.S. Highway 380 in Collin County at a public meeting on May 6, 2019; and WHEREAS, the TxDOT Recommended Alignment for U.S. Highway 380 in the Town is consistent with the current alignment of U.S. Highway 380 and the Town of Prosper’s Thoroughfare Plan. WHEREAS, TxDOT finalized the US 380 Collin County Feasibility Study Final Report and Implementation Plan in March 2020, including the Recommended Alignment for U.S. Highway 380 along the current alignment within the Town; and WHEREAS, TxDOT held an Overall Project Update Meeting on October 12, 2020, and then a more detailed Agency Scoping Meeting on October 29, 2020, for the U.S. Highway 380 Environmental Impact Study (EIS) from Coit Road to FM 1827 and at that time introduced Gold and Brown Alternative Segment B Alignments within the Town limits; and Page 73 Item 11. Resolution No. 2022-__, Page 2 WHEREAS, in Resolution No. 2020-87, approved by the Town Council on or about November 24, 2020, the Town Council specifically and explicitly opposed the Gold and Brown Alternative Segment B alignments because they “negatively impact[ed] existing and planned future developments within the Town”; and WHEREAS, in Resolution No. 2021-34, approved by the Council on or about July 13, 2021, the Town Council again specifically and explicitly opposed new Gold or Brown alternative Segment B alignments as presented by TxDOT on May 28, 2021 to the Town; and WHEREAS, TxDOT held an in-person US 380 EIS Public Meeting on March 22, 2022, from 5:30 to 7:30 pm to share the design of and optional alignments in Prosper and seek public comment from the community; and WHEREAS, the Gold or Brown Alternative Segment B Alignments shown as part of the TxDOT Public Meeting are and remain incongruent with all prior Resolutions adopted by the Town, including the most recent Resolutions No. 2020-87 and No.2021-34, as well as the Town’s Thoroughfare Plan approved by Council; and WHEREAS, the Gold or Brown Alternative Segment B Alignments shown as part of the TxDOT Public Meeting continue to negatively impact both existing and planned future residential and commercial developments within the Town, as more fully described herein and as previously outlined in all prior Resolutions adopted by the Town; and WHEREAS, the Gold or Brown Alternative Segment B Alignments shown as part of the TxDOT Public Meeting could significantly increase ground-level ozone that would impact at least two (2) environmentally sensitive facilities, as more fully addressed in this Resolution, in conflict with Air Quality guidelines promulgated by the North Central Texas Council of Governments; and WHEREAS, the Gold or Brown Alternative Segment B Alignments shown as part of the TxDOT Public Meeting fully and wholly, harmfully disrupt the community cohesion of the Town by disjoining a section of the Town’s jurisdiction through the proposed rights-of-way take and potential construction of the Segment B alignment; and WHEREAS, the Town Council further declares its opposition to any alignment of U.S. Highway 380 in the Town that is not consistent with the current alignment of U.S. Highway 380. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2 The Town Council of the Town of Prosper, Texas, supports U.S. Highway 380 being a Controlled Access Highway. Page 74 Item 11. Resolution No. 2022-__, Page 3 SECTION 3 The Town Council hereby continues to express its strong support for the TxDOT Recommended Alignment presented by TxDOT at the May 6, 2019, Public Meeting and as included within the U.S. 380 Collin County Feasibility Study Final Report completed in March 2020 for the section within the corporate limits of the Town of Prosper, thereby acknowledging that the future expansion of U.S. Highway 380 will remain in its current alignment within the corporate limits of the Town, consistent with the Town’s Thoroughfare Plan. SECTION 4 The Town Council expresses its strong opposition to any alignment that is not consistent with the current alignment of U.S. Highway 380 in the Town. SECTION 5 The proposed Gold or Brown Alternative Segment B Alignments will result in a controlled access highway within very close proximity to ManeGait Therapeutic Horsemanship Rehabilitation Center (ManeGait) and the location on its property where activities are conducted for children and adults with disabilities through the healing power of equine therapy. SECTION 6 The proposed Gold or Brown Alternative Segment B Alignments will result in a controlled access highway that comes in close proximity to Founders Classical Academy (FCA), a charter school that opened to students in August 2021, the residential communities of Wandering Creek, Malabar Hills, Brookhollow East, Brookhollow Multi-Family, and Prosper ISD High School #3. SECTION 7 The proposed Gold or Brown Alternative Segment B Alignments will result in a controlled access highway that is within close proximity of a cemetery scheduled to begin construction no later than Summer 2022. SECTION 8 The proposed Gold or Brown Alternative Segment B Alignments will result in a controlled access highway that will bisect Ladera, an age-restricted senior community in the Town that is currently under construction and anticipated to have homes by the end of the year. SECTION 9 The proposed Gold or Brown Alternative Segment B Alignments could significantly increase ground-level ozone that would impact at least two (2) environmentally sensitive facilities, FCA and ManeGait, both of which serve children and/or individuals with disabilities and said Alignments would be in conflict with Air Quality guidelines promulgated by the North Central Texas Council of Governments (NCTCOG). Moreover, the Town Council strongly recommends that a risk assessment related to ground-level ozone should be undertaken to determine compliance with NCTCOG’s regional initiative to reduce ozone emissions. Page 75 Item 11. Resolution No. 2022-__, Page 4 SECTION 10 Moreover, the Town Council hereby expresses its strong opposition to any proposed alignment consideration of the Gold or Brown Alternative Segment B Alignments for U.S. Highway 380 within the corporate limits of the Town of Prosper that are not consistent with the Town’s Thoroughfare Plan within the limits of the Town. SECTION 11 Moreover, the Town Council hereby expresses its strong opposition to any proposed alignment consideration of the Gold or Brown Alternative Segment B Alignments for U.S. Highway 380 within the corporate limits that fully and wholly harmfully disrupts the community cohesion of the Town by disjoining a section of the Town’s jurisdiction through the proposed rights-of-way take and potential construction of the Segment B alignment. SECTION 12 The Town Council hereby directs Town staff not to coordinate with TxDOT or any other entity related to the preservation of right-of-way for the expansion of U.S. Highway 380 as a Controlled Access Roadway while there exist alternative options for U.S. Highway 380 within the corporate limits of the Town of Prosper other than on its current alignment. SECTION 13 Any and all resolutions, rules, regulations, policies, or provisions in conflict with the provisions of this Resolution are hereby repealed and rescinded to the extent of any conflict herewith. SECTION 14 This Resolution shall be effective from and after its passage by the Town Council. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 29TH DAY OF MARCH, 2022. ___________________________________ Ray Smith, Mayor ATTEST: _________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Page 76 Item 11. 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 PKW Y E FRONTIER PKWY PR OSPER RD N PRESTON RDGEE RDFoundersAcademyComplete Malabar Hills4th Quarterof 2020 Prosper ISD HighSchool #3 2Quarter of 2023 North DallasCemetery BrookhollowMulti-Family Ladera Prosper2nd Quarterof 2021 WanderingCreek ProsperWater Tanks ProsperPlaza &LowesBrookhollowMixed Use RutherfordCreek Prosper Development Map Prosper D evelopm ent Zoning - Approved Under Review Plats - Approved Site Plans - Approved Construction - Rele ased Complete This map is for illustration purposes only. ManeGait Horsemanship Page 77 Item 11. Page 78 Item 11. 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 – March 29, 2022 Agenda Item: Conduct a public hearing and consider and act upon a request to amend Planned Development- 94 (PD-94), for the Westside Development, on 64.5± acres, northeast corner of US 380 and FM 1385, regarding hotel uses and development standards. (Z22-0001). Description of Agenda Item: The zoning and land use of the surrounding properties are as follows: Zoning Current Land Use Future Land Use Plan Subject Property Planned Development-94 Undeveloped US 380 District North Agricultural and Planned Development-40-Single Family Glenbrook Subdivision and Undeveloped Medium Density Residential East Planned Development- 40-Single Family Undeveloped (floodplain) US 380 District South Town of Little Elm Undeveloped and Holt Cat Equipment Sales Town of Little Elm West Denton County Undeveloped, Savannah Subdivision, and Valero Gas Station Denton County Requested Zoning – In 2018, Planned Development-94 was approved for the Westside development, which was intended to be a mixed-use development including various uses, including, but not limited to multifamily, indoor commercial amusement, limited-service hotel, restaurant, retail, convenience store with gas pumps, and open space. At the time of approval, it was anticipated the limited-service hotel would be a La Quinta or a comparable hotel. Since Prosper is a place where everyone matters. PLANNING Page 79 Item 12. Page 2 of 3 approval of the zoning, the development has been sold to another developer, and the current owner is working with a different type and brand of hotel, an extended-stay hotel, as opposed to a limited-service hotel, which is currently intended to be a Residence Inn by Marriott. The purpose of the proposed PD amendment is to update the PD with regard to the type of hotel, layout, elevations, and parking to accommodate the proposed hotel. Details about the proposed amendment are outlined below.  Permitted Uses – The current PD allows for two (2) limited-service hotels. The proposed PD has been modified to allow for one (1) extended stay hotel.  Layout – To accommodate the new hotel, the proposed layout has been modified, as shown below, by removing the two (2) limited-service hotels and depicting one (1) extended stay hotel. The proposed hotel is four-stories, 96,750 square feet, with 124 rooms. In place of the second hotel, the applicant has included a 10,858-square-foot retail/office/restaurant multitenant building. For comparison purposes, the limited service hotels previously proposed in PD-94 were approximately 80,000 square feet with 113 rooms, and 85,000 square feet with 117 rooms, respectively. Current Layout Proposed Layout  Parking – In conjunction with the layout change, the applicant is proposing a modification to the parking regulations for hotel. The zoning ordinance currently requires one parking space per room; however, the applicant is proposing to allow for one parking per 75% of the rooms. The applicant has stated that hotels generally maintain 75-80% occupancy, and that not all guests drive to hotels. Further, the applicant is proposing to allow for the sharing of parking spaces between the hotel and multitenant building, provided all minimum parking requirements are met. In general, the overall Westside development is overparked by over 300 parking spaces with nearby parallel parking spaces to be provided in the future. Staff is supportive of this request.  Architecture – The PD amendment proposes to replace the hotel elevations. The proposed extended-stay hotel will be constructed primarily of brick and stone, as shown below. Page 80 Item 12. Page 3 of 3 No other aspect of the proposed PD related to other uses or provisions are proposed to be modified with this amendment. Staff recommends approval of this request as presented. Future Land Use Plan – The Future Land Use Plan recommends US 380 District for the property. The request conforms to the Future Land Use Plan. Thoroughfare Plan – The property is adjacent to US 380, a future six-lane divided major thoroughfare and FM 1385 a future six-lane divided major thoroughfare. Parks – This property is not needed for the development of a public park. Hike and bike trails are required in conjunction with development of the property in accordance with the Hike and Bike Trail Map of the Parks Master Plan. Legal Obligations and Review: Notification was provided to neighboring property owners as required by the Zoning Ordinance and state law. To date, staff has not received any Public Hearing Notice Reply Forms in response to this request. Attached Documents: 1. Aerial and Zoning Maps 2. Proposed PD Exhibits 3. Proposed Exhibit C Redlines Planning & Zoning Commission Recommendation: At their March 1, 2022, meeting, the Planning & Zoning Commission recommended the Town Council approve the request, by a vote of 7-0, subject to an amendment to the existing Development Agreement. Staff Recommendation: Staff recommends approval of the request to amend Planned Development-94 (PD-94), for the Westside Development, on 64.5± acres, northeast corner of US 380 and FM 1385, regarding hotel uses and development standards, subject to an amendment to the existing Development Agreement. Proposed Motion: I move to amend Planned Development-94 (PD-94), for the Westside Development, on 64.5± acres, northeast corner of US 380 and FM 1385, regarding hotel uses and development standards, subject to an amendment to the existing Development Agreement. Page 81 Item 12. Page 82 Item 12. Page 83 Item 12. Scale: 1"=100' September, 2018 SEI Job No. 17-219 LOCATION MAP 1" = 2000' PROJECT LOCATION METES AND BOUNDS DESCRIPTION TOWN OF PROSPER CASE NO. Z18-0012 Exhibit A WestSide BEING 64.501 ACRES OF LAND (GROSS) 63.858 ACRES OF LAND (NET) IN THE B. HODGES SURVEY, ABSTRACT NO. 593 & IN THE J. GONZALEZ SURVEY, ABSTRACT NO. 447 & IN THE P. BARNES SURVEY, ABSTRACT NO. 79 & IN THE R. TAYLOR SURVEY, ABSTRACT NO. 1671 & IN THE J. HAYNES SURVEY, ABSTRACT NO. 573 & IN THE ANGUS JAMISON SURVEY TOWN OF PROSPER, DENTON COUNTY, TEXAS APPLICANT MCF Investments 15700 S.H. 121 Frisco, Texas 75035 Telephone (214) 619-4930 Contact: Mike Fannin ENGINEER / SURVEYOR Spiars Engineering, Inc. 765 Custer Road, Suite 100 Plano, TX 75075 Telephone: (972) 422-0077 TBPE No. F-2121 / TBPLS No. F-10043100 Contact: Kevin Wier OWNER Taylor Hansel P.O. Box 770 Frisco, Texas 75034 POINT OF BEGINNING 50' R.OW 50' R.O.W. 50' R.O W 64.051 Acres 2, 790,075 Sq. Ft.)Cab. XPg717P R D C T var. width R.O.W.variable width R.O.W. Doc. No. 2012-59927 OPRDCT 50' R.O W 50' R.O.W.Doc. No. 2012- Z22-0001 Page 84 Item 12. Z18-0012 EXHIBIT B STATEMENT OF INTENT AND PURPOSE WESTSIDE 1. Statement of Intent A. Overall Intent The purpose of this project is to create a walkable urban neighborhood using a horizontal mix of uses. Access to shopping, housing, community retail and park land promotes a quality of life that nurtures the public health, safety, comfort, convenience, prosperity and general welfare of the immediate community, as well as to assist in the orderly and controlled growth and development of the land area described within this document. B. Description of Property The subject property comprises approximately 64 acres of vacant land at the northeast corner of U.S. Highway 380 and F.M. 1385 in Prosper, Texas. It is additionally bounded by the Glenbrooke single family neighborhood to the north and Doe Branch Creek to the east. An existing trail exists along the property’s north boundary and currently serves the adjacent single family neighborhood. This trail may extend into the Doe Branch drainage system and be part of the larger Town of Prosper Trails Plan. C. Description of Proposed Property The subject property as depicted in Exhibit “D” has been divided into two distinct sub-districts. The purpose of sub-district requirements is to define the character of new development within each sub-district. They have been carefully designed to allow enough flexibility for creative building solutions, while being prescriptive in areas necessary to preserve consistency throughout the development. Given that the subject property resides at the hard corner of two major thoroughfares and will serve as a gateway to the Town of Prosper, a portion of land with a size yet to be determined, will be set aside as a signage easement for a Town gateway sign near the intersection of U.S. 380 and F.M. 1385. 2. Current Zoning and Land Uses A. Current Zoning The subject property comprises land that fall under two distinct zoning classifications. At the intersection of U.S. 380 and F.M. 1385 is a small portion of acreage that zoned for Single Family. The remainder of the property is zoned for Agriculture. B. Future Land Use Plan The Future Land Use Plan designates the entire subject property as US 380 District, which is defined as having a variety of uses, such as big box development, hotels, banks, gas/convenience and residential that serves as a buffer between the commercial and nearby single family. Z22-0001 Page 85 Item 12. Z22-0001 EXHIBIT C DEVELOPMENT STANDARDS WESTSIDE 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, as it exists or may be amended, and the Subdivision Ordinance, as it exists or may be amended, shall apply. Tract A – Retail District A1. Except as noted below, the Tract shall develop in accordance with the Retail District as it exists or may be amended. A2. Uses. Uses shall be permitted in accordance with the Retail District with the exception of the following: Permitted Uses 1. Restaurant (with Drive-Through) a. A restaurant with drive-through shall be permitted by right in accordance with the Conditional Development Standards, outlined in the Zoning Ordinance. A maximum of two (2) noncontiguous drive-through restaurants shall be permitted along US 380, and a maximum of two (2) drive-through restaurants shall be permitted along FM 1385, as shown on Exhibit D. 2. Hotel, Extended Stay a. Extended stay hotels shall be permitted by right on the subject property, as shown on Exhibit D, and shall otherwise be permitted in accordance with the Conditional Development Standards, outlined in the Zoning Ordinance. Prohibited Uses: 1. Athletic Stadium or Field, Public 2. Automobile Parking Lot/Garage 3. Automobile Paid Parking Lot/Garage 4. Recycling Collection Point 5. School District Bus Yard A3. Regulations. Regulations shall be permitted in accordance with the Retail District with the exception of the following: 1. Maximum Height a. Commercial Amusement, Indoor: Two (2) stories, no greater than fifty (50) feet at the parapet height, with an additional twenty (20) feet above the parapet for a marquee. b. Hotel, Extended Stay: Five (5) stories, no greater than seventy-five (75) feet. i. Minimum height of four (4) stories. A4. Design Guidelines 1. Elevation Review and Approval a. Conceptual Elevations, conforming to Exhibit F, shall be submitted at the time of Preliminary Site Plan, subject to approval by the Planning & Zoning Commission. Page 86 Item 12. b. Detailed Façade Plans conforming to the Conceptual Elevations shall be submitted for each building at the time of Site Plan, subject to approval by the Planning & Zoning Commission. Façade Plans for the Extended Stay Hotels and the Indoor Commercial Amusement uses shall also be subject to Town Council approval. 2. Architectural Standards a. At least eighty percent (80%) of each building’s façade (excluding doors and windows) shall be finished in one of the following materials: Masonry (brick or stone) i. Commercial Amusement, Indoor may utilize architectural finished concrete as a primary masonry material, and may be used for up to one hundred percent (80%) of a building elevation, as shown on Exhibit F. In addition, a maximum of ten percent (10%) secondary material, and minimum of ten percent (10%) stone, per elevation, shall be required for Commercial Amusement, Indoor. b. For retail/restaurant uses, no more than thirty percent (30%) of each façade elevation shall use wood-based high pressure laminate (i.e. Prodema, Trespa, CompactWood), as shown on Exhibit F. c. No more than fifteen percent (15%) of each façade elevation may use a combination of accent materials such as cedar or similar quality decorative wood, architectural metal panel, tile, stucco, or Exterior Insulating Finishing System (EIFS). Stucco and EIFS may only be used eight feet (8’) above the ground floor and is prohibited on all building elevations with the exception of its use for exterior trim and molding features. Commercial Amusement, Indoor shall be limited to a maximum ten percent (10%). d. Architectural embellishments not intended for human occupancy that are integral to the architectural style of the buildings, including spires, belfries, towers, cupolas, domes, marquees and roof forms whose area in plan is no greater than fifteen percent (15%) of the ground floor footprint may exceed the height limits by up to ten feet (10’). e. No single material shall exceed eighty percent (80%) percent of an elevation area. Except for Commercial Amusement, Indoor, a minimum of twenty percent (20%) of the front façade and all facades facing public right-of-way shall be natural or manufactured stone. A minimum of ten percent (10%) of all other facades shall be natural or manufactured stone. Commercial Amusement, Indoor shall require a minimum ten percent (10%) stone, per elevation. i. All buildings shall be designed to incorporate a form of architectural articulation every thirty feet (30’), both horizontally along each wall’s length and vertically along each wall’s height. Acceptable articulation may include the following: ii. Canopies, awnings, or porticos; iii. Recesses/projections; iv. Arcades; v. Arches; vi. Display windows, including a minimum sill height of thirty (30) inches; vii. Architectural details (such as tile work and moldings) integrated into the building facade; viii. Articulated ground floor levels or base; ix. Articulated cornice line; x. Integrated planters or wing walls that incorporate landscape and sitting areas; xi. Offsets, reveals or projecting rib used to express architectural or structural bays; or xii. Varied roof heights; f. All buildings shall be architecturally finished on all four (4) sides with same materials, detailing, and features. Page 87 Item 12. g. Except for the Commercial Amusement, Indoor, all primary and secondary exterior building materials (exclusive of glass) shall be of natural texture and shall be neutrals, creams, or other similar, non-reflective earth tone colors. Bright, reflective, pure tone primary or secondary colors, such as red, orange, yellow, blue, violet, or green are not permitted. h. Corporate identities that conflict with the building design criteria shall be reviewed on a case-by-case basis and approved by the Director of Development Services or his/her designee. The applicant may appeal the decision to the Planning & Zoning Commission and Town Council using the appeal procedure in Chapter 4, Section 1 of the Town’s Zoning Ordinance. i. Exposed conduit, ladders, utility boxes, and drain spouts shall be painted to match the color of the building or an accent color. Natural metal finishes (patina) are an acceptable alternative to paint. j. All retail/commercial buildings with facades greater than two hundred feet (200’) in length shall incorporate wall plane projections or recesses that are at least six feet (6’) deep. Projections/recesses must be at least twenty five percent (25%) of the length of the facade. Except for Commercial Amusement, Indoor, no uninterrupted length of facade may exceed one hundred feet (100’) in length. 3. Windows and Doors a. All ground floor front facades of buildings along streets or public ways with on-street parking or that face directly onto Open Space and contain non-residential uses shall have transparent storefront windows covering no less than thirty percent (30%) of the façade area. Hotels shall have no less than ten percent (10%) of the façade. i. Clear glass is required in all non-residential storefronts. Smoked, reflective, or black glass that blocks two-way visibility is only permitted above the first story. Windows shall have a maximum exterior visible reflectivity of thirty percent (30%). 4. Awning, Canopies, Arcades, and Overhangs a. Awnings shall not be internally illuminated. b. Canopies shall not exceed one hundred linear feet (100’) without a break of at least five feet (5’). c. Awnings and canopies shall not extend beyond ten feet (10’) from the main building façade. A5. Additional Standards 1. Open Space a. Urban Open Space i. An open space as depicted on the Landscape Plan (Exhibit G) shall comprise a minimum of one (1) acre of useable land area that will serve as the central park to the commercial development. A minimum of one (1) pedestrian connection shall be required from the Urban Open Space to the Rural Open Space; a minimum of one (1) pedestrian connection shall be required from the Urban Open Space to the Glenbrooke neighborhood via Kent Drive. Gates and/or fencing on any pedestrian or vehicular way accessing Kent Drive shall be prohibited. ii. The urban park open space shall be constructed at the time of construction of phase 1. The urban park open space shall be constructed at the developer’s cost. iii. The hike and bike trail system and trailhead shall be constructed at the time of construction of phase 1B. The hike and bike trail system shall be constructed at the developer’s cost. Page 88 Item 12. b. Rural Open Space i.An open space as depicted on the Landscape Plan (Exhibit G) shall comprise a minimum of nine (9) acres of useable land area that will serve the greater community with both active and passive open space. c.Combined Urban Open Space and Rural Open Space shall collectively satisfy all Open Space requirements for both Tract A and Tract B as required by the Town of Prosper Zoning Ordinance. 2.Landscape Screening and Buffering a.A thirty-foot (30’) landscape easement shall be required along roadways when an adjacent building sides or backs the road. The landscape buffer shall consist of a minimum three- foot (3’) foot berm. b.A minimum of twenty feet (20’) of landscape easement shall be exclusive of all utility easements, right turn lanes, drainage easements, and rights-of-way. None of the required trees and/or shrubs shall be located within any utility easement. c.A minimum ten-foot (10’) landscape buffer is required adjacent to Urban and Rural Open Space. d.Berming shall be required behind the Entertainment/Indoor Commercial Amusement structure located in Phase 2A as reflected on the Phasing Diagram. 3.Lot Frontage a.Lots are not required to front on a public right-of-way, provided an access easement is established by plat prior to issuance of a Certificate of Occupancy (CO) for any building on a lot not fronting on right-of-way. 4. Parking Requirement a.Hotel, Extended Stay: One (1) parking space, equivalent to seventy-five percent (75%) of the total number of rooms/keys provided. Parking spaces for Lots 15 and 16 may be shared, provided the minimum requirements per the zoning ordinance and herein are met. Tract B – Multifamily District B1. Except as noted below, the Tract shall develop in accordance with the Multifamily District as it exists or may be amended. B2. Multifamily Construction 1.For Phase 1B, as shown on Exhibit E2, which consists of a maximum of 243 units, construction may not commence until construction of the first floor framing has begun on the restaurant/retail building as shown on Lot 8 on Exhibit D and the Extended Stay Hotel on Lot 15 on Exhibit D. 2.For Phase 2B, as shown on Exhibit E2, which consists of a maximum of 237 units, construction may not commence until vertical construction has begun on a minimum fifty thousand (50,000) square foot Indoor Commercial Amusement building or similar size retail building. B3. Regulations. Regulations shall be permitted in accordance with the Multifamily District with the exception of the following: 1.Maximum Number of Units: Four hundred and eighty (480) units. Page 89 Item 12. 2. Maximum Height: a. Two (2) stories, no greater than forty feet (40’) for buildings within one hundred (100) feet of a single family zoning district. b. Three (3) stories, no greater than fifty feet (50’). c. Four (4) stories, no greater than sixty-five feet (65’). 3. Size of Yards a. In accordance with Exhibit D. 4. Minimum Dwelling Area a. One (1) bedroom: 650 square feet b. Two (2) bedroom: 925 square feet c. Three (3) bedroom: 1,150 square feet 5. Lot Coverage: Maximum fifty percent (50%) B4. Design Guidelines 1. Elevation Review and Approval a. Conceptual Elevations, conforming to Exhibit F, shall be submitted at the time of Preliminary Site Plan, subject to approval by the Planning & Zoning Commission. b. Detailed Façade Plans conforming to the Conceptual Elevations shall be submitted for each building at the time of Site Plan, subject to approval by the Planning & Zoning Commission. 2. Architectural Standards a. At least eighty percent (80%) of each building’s façade (excluding doors and windows) shall be finished in one of the following materials: Masonry (brick and stone). b. No more than fifteen percent (15%) of each façade elevation shall use a combination of accent materials such as cedar or similar quality decorative wood, fiber cement siding, resin- impregnated wood panel system, cementitious-fiber clapboard (not sheet) with at least a fifty (50) year warranty, architectural metal panel, split-face concrete block, tile, stucco, or Exterior Insulating Finishing System (EIFS). Stucco and EIFS may only be used eight feet (8’) above the ground floor and is prohibited on all building elevations with the exception of its use for exterior trim and molding features. c. Any enclosed one or two-car garage shall be designed and constructed of the same material as the primary building. B5. Additional Standards 1. Open Space a. Urban Open Space i. An open space as depicted on the Landscape Plan (Exhibit G) shall comprise a minimum of one (1) acre of useable land area that will serve as the central park to the commercial development. A minimum of one (1) pedestrian connection shall be required from the Urban Open Space to the Rural Open Space; a minimum of one (1) pedestrian connection shall be required from the Urban Open Space to the Glenbrooke neighborhood via Kent Drive. Gates and/or fencing on any pedestrian or vehicular way accessing Kent Drive shall be prohibited. ii. The urban park open space shall be constructed at the time of construction of Phase 1. The urban park open space shall be constructed at the developer’s cost. Page 90 Item 12. iii. The hike and bike trail system and trailhead shall be constructed at the time of construction of phase 1B. The hike and bike trail system shall be constructed at the developer’s cost. b. Rural Open Space i. An open space as depicted on the Landscape Plan (Exhibit G) shall comprise a minimum of nine (9) acres of useable land area that will serve the greater community with both active and passive open space. c. Combined Urban Open Space and Rural Open Space shall collectively satisfy all Open Space requirements for both Tract A and Tract B as required by the Town of Prosper Zoning Ordinance. 2. Landscape Screening and Buffering a. As depicted on the Landscape Plan (Exhibit G), two (2) rows of minimum three inch (3”) caliper trees every fifty feet (50’) on center, offset, shall be planted along the northern property line. b. A minimum of twenty feet (20’) of landscape easement shall be exclusive of all utility easements, right turn lanes, drainage easements, and rights-of-way. None of the required trees and/or shrubs shall be located within any utility easement, except for the twenty-five foot (25’) UTRWD utility easement that currently resides immediately south of the property’s north property line. c. A minimum ten-foot (10’) landscape buffer is required adjacent to Rural Open Space. 3. Lot Frontage a. Lots are not required to front on a public right-of-way, provided an access easement is established by plat prior to issuance of a Certificate of Occupancy (CO) for any building on a lot not fronting on right-of-way. 4. Parking a. Minimum “Off-Street” Parking. For the purpose of this ordinance, off-street parking shall mean any parking not located immediately adjacent to and along public drives (i.e. parallel parking) used for internal circulation throughout the development. i. One (1) and two (2) bedroom units: 1.8 parking spaces per unit. ii. Three (3) bedroom units: 2.0 parking spaces per unit. b. Tandem parking shall count towards the parking provided for each designated tract or phase that the parking resides within. c. Surface parallel parking that is provided along interior drives shall count towards the parking provided for each designated tract or phase that the parking resides within. 5. The provisions of Chapter 4, Section 9.14 (Non-Residential and Multifamily Development Adjacent to a Major Creek) shall apply to the proposed development. 6. The provisions of Chapter 4, Section 9.16 (Residential Open Space) shall apply to the proposed development. 7. The provision of Chapter 4, Section 9.17 (Multifamily Site Design) shall not apply to the proposed development. Page 91 Item 12. Scale: 1"=100' September, 2018 SEI Job No. 17-219 SHT. 1 OF 8 TOWN OF PROSPER CASE NO. Z18-0012 Exhibit D Conceptual Plan WestSide BLOCK A, LOTS 1-19 BEING 64.501 ACRES OF LAND (GROSS) 63.858 ACRES OF LAND (NET) IN THE B. HODGES SURVEY, ABSTRACT NO. 593 & IN THE J. GONZALEZ SURVEY, ABSTRACT NO. 447 & IN THE P. BARNES SURVEY, ABSTRACT NO. 79 & IN THE R. TAYLOR SURVEY, ABSTRACT NO. 1671 & IN THE J. HAYNES SURVEY, ABSTRACT NO. 573 & IN THE ANGUS JAMISON SURVEY TOWN OF PROSPER, DENTON COUNTY, TEXAS LOCATION MAP 1" = 2000' PROJECT LOCATION APPLICANT MCF Investments 15700 S.H. 121 Frisco, Texas 75035 Telephone (214) 619-4930 Contact: Mike Fannin ENGINEER / SURVEYOR Spiars Engineering, Inc. 765 Custer Road, Suite 100 Plano, TX 75075 Telephone: (972) 422-0077 TBPE No. F-2121 / TBPLS No. F-10043100 Contact: Kevin Wier OWNER Taylor Hansel P.O. Box 770 Frisco, Texas75034var. width R.O.W.variable width R.O.W.Doc. No. 2012-59927OPRDCT 50' R.O W 50' R.O.W.Doc. No. 2012-59927OPRDCTCab. XPg 7 1 7P RDCTCab. XPg 7 17P R D C T 50' R. 1:250; 1:100; 1:350; REFER TO SHEET A0.2A 68,396 35,482RESTAURANT/RETAIL/OFFICE/SERVICEENTRY RESIDENCE INN BY MARRIOTTBUILDING AREA: +/-96,750 SQ.F.4 STORIES 124 ROOMS Z22-0001 MAYSE & ASSOCIATES ONLY ADJUSTED LOT 15 AND 16.THE REST BY OTHERS AND PREVIOUSLY APPROVED LOT 15LOT 161 01/27/2022 ADJUSTED LOT 15&16 RETAIL/RESTAURANT/ OFFICE 1.2 10,85852,296 123,227 10,858 27,780 96,750 124 N/A 55' 40' 1 SPACE PER GUESTROOM 124 100 163 SHARED PARKING 6 6 6,229+/- 27,051+/- 1 1:250; 1:100; 1:350; REFER TO SHEET A0.2A 63 22.5% 20.7% 0.78:1 0.20:1 1 1 96,176+/- 46,067+/- Page 92 Item 12. N 17°14'23"E 426.71'N17°14'23"E 19.26'S 72°45'37"E 179.77'S 72°45'37"E 37.06'S 89°04'33"E 189.30'S 72°45'37"E 52.30'N 89°04'33"W 472.97'N 17°14'23"E 310.52'R=500.00'D=6°24'08"L=55.87'CB= S14°02'19"WCD=55.84'6839R 30' - 0"RESTAURANT/RETAIL/OFFICE/SERVICEENTRY18' - 0"18' - 0"9' - 0"RESIDENCE INN BY MARRIOTTBUILDING AREA: +/-96,750 SQ.F.4 STORIES 124 ROOMS 25' - 5 1/2"EXISTING FIRE HYDRANTEXISTING FIRE HYDRANT13' - 3"4975885939993699873R 30' - 0"R 3 0 ' - 0 "R 30' - 0"R 30' - 0"12' - 0"1028' - 5 1/2"DOG PARK15' - 7"12' - 7"27' - 7"24' - 7"24' - 7"27' - 7"24' - 7"5' -0" LANDSCAPE SET BACK5' - 0"5' -0" LANDSCAPE SET BACK5' -0" LANDSCAPE SET BACK5' - 0"FIRE HYDRANTPROPOSED NEW FIRE HYDRANTR 30' - 0"TYP.9' - 0"9' - 0"1010526' - 0"6' - 0"18' - 0"26' - 0"20' - 0"20' - 0"24' - 0"20' - 0"20' - 0"26' - 0"18' - 0"10' - 0"56' - 5"3' - 6"8' - 0"R 3 0 ' - 0 "9' - 0"26' - 0"26' - 0"R 30' - 0"R 30' - 0"103' - 1 1/2"18' - 10"PROPOSED TRANSFORMERPROPOSED TRANSFORMERPROPOSED NEW FIRE HYDRANT70' - 0"59' - 0"70' - 0"EQEQGAS METERWATER VAULT8' - 0"EQEQ8' - 0"NEW PROPOSED PROPERTY LINEMONUMENT SIGNMONUMENT SIGNPATIO1,970 SQ.F.18' - 0"R 30' - 0"R 30' - 0"26' - 0"18' - 0"18' - 0"18' - 0"9' - 0"9' - 0"LANDSCAPE PLANTER/4' METAL FENCE9' - 0"DUMPSTER8' MASONRY FENCEPAVERS26' FIRE LANEPROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINEPOOL 650 S.F.222MONUMENT SIGN6' - 0"6' SIDEWALK8' SIDEWALK8' SIDEWALK8' - 0"6' SIDEWALK6' - 0"22' - 0"8' - 0"LANDSCAPE PLANTER/4' METAL FENCE18' - 0"26' - 0"23' - 11 1/2"20' - 11 1/2"10' - 0"8' - 9"12' - 4"10' - 0"9' - 0"8' - 0"11' - 10 1/2"199' - 0"14' - 1"26' - 0"EV CHARGINGDUMPSTERFRONT LOADING TRUCKFRONT LOADING TRUCKPROPOSED PARK SPACE TO BE DEVELOPED BY OTHERS6' - 0"1PARKING FOR FUTURE RESIDENTIALPROPOSED WINDMILL8' SIDEWALKEXISTING FIRE HYDRANTEXISTING FIRE HYDRANTR 30 ' - 0"18' - 0"5' - 0"6' - 0"5' LANDSCPAE SETBACK9' - 0"5' - 0"5' - 0"5' -0" LANDSCAPE SET BACKR 3 0 ' - 0 "18' - 0"9' - 0"9' - 0"5' -0" LANDSCAPE SET BACK5' - 0"USEQTYREQUIRED PARKING RATIOPARKING REQUIRED BY ORDINANCEHOTEL -GUESTROOMS1.0 SPACE PER GUEST ROOM PLUS (1) SPACE FOR EACH 200 SQ.FT. OF COMMERCIAL FLOOR AREA CONTAINED124 KEYS124PARKING TABULATION PROVIDED PARKING 163RETAILRESTAURANTOFFICE1.0 SPACE PER 350 SQ.FT. OF GROSS FLOOR AREA1.0 SPACE FOR EACH 100 SQ.FT OF GROSS FLOOR AREA FOR RESTAURANTS LOCATED WITHIN A MULTI-TENANT BUILDING.1.0 SPACE PER 250 SQ.FT. OF GROSS FLOOR AREA3,888 SQ.FT3,795 SQ.FT3,175 SQ.FT16938100PROPOSED ACKNOWLEDGE SHARE PARKING0.8 SPACE PER GUEST ROOM381.0 SPACE FOR EACH 100 SQ.FT OF GROSS FLOOR AREA1.0 SPACE PER 250 SQ.FT. OF GROSS FLOOR AREA161.0 SPACE PER 350 SQ.FT. OF GROSS FLOOR AREA9 REGULAR CARS 20'x9' 72REGULAR CARS 18'x9' 80EV ONLY PARKING 20'X8' 4HANDICAP CAR PARKING 5HANDICAP VAN PARKING 2TOTAL PARKING 1631879ADDITIONAL PARKING SPOTS BEING BUILT FOR RESIDENTIAL ARE NOT INCLUDED IN TOTAL NUMBER OF CURRENT PARKING SPACES.1ST FLOOR 2ND FLOOR 3RD FLOOR 4TH FLOOR 27,780 SF +/-22,990 SF +/-96,750 SF +/-BUILDING SQUARE FOOTAGETOTAL FLOORAREA PER FLOOR SF22,990 SF +/-22,990 SF +/-1ST FLOOR STUDIO KING ASTUDIO KING D ACCONE BEDROOM END G2ND FLOOR 3RD FLOOR 4TH FLOOR TOTALSPECIFIC GUEST ROOM TYPE MATRIX133STUDIO KING CD/Q F ACCTWO BED ROOM H TWO BED ROOM J ACC 10425D/Q E 117111TOTAL12444332225211233334441610010111010011314141212SITE LEGENDLANDSCAPECONCRETE SIDEWALKINDICATES TRAFFIC DIRECTIONPROPERTY LINEEASEMENT LINE AS INDICATEDBUILDING FOOT PRINTPAVERSPAVERSSITE PLAN GENERAL NOTES1. ALL NEW UTILITIES WILL BE INSTALLED UNDERGROUND IN ACCORDANCE WITH CITY REQUIREMENTS.2. ALL COMMERCIAL DUMPSTERS SHALL BE CONSTRUCTED, IN ACCORDANCE WITH THE CITY OF PROSPER CODE OF ORDINANCES.3. ALL SIGNAGE WILL COMPLY WITH CITY OF PROSPER CODE OF ORDINANCES AND ON A SEPARATE PERMIT.4. ALL PAVING MATERIALS WILL MEET MINIMUM CITY STANDARDS.5. ALL FENCES, SIGNS, LIGHTING AND LUMINARIES SHALL COMPLY WITH CITY OF PROSPER ORDINANCES. EXCEPT WHERE SPECIFICALLY NOTED OTHERWISE ON THE SITE PLAN.AMENITIESAPPROX SQUARE FOOTAGE01. HOTEL LOBBY/LOUNGE04. FITNESS CENTER @ 1ST FLOOR03. DINNING AREA & PANTRYLIST OF HOTEL AMENITIES PROVIDED02. REGISTRATION DESK05. MEETING ROOM/BOARD ROOM @ 1ST FLOOR342 SQ.FT.846 SQ.FT.937 SQ.FT.165 SQ.FT.855 SQ.FT.+/-+/-+/-+/-+/-CONCEPTUAL DRAWINGNOT FOR CONSTRUCTIONSEAL:sheet no.job no.datesheet titleRevisions:This drawing and all prints of it are the property of Mayse & Associates, Inc. Reproductions of these drawings without the written consent of Mayse & Associates, Inc. is not permitted, and Mayse & Associates, Inc. retains all common law and statutory and other reserved rights, including the copyright.© 2016 MAYSE & ASSOCIATES, INC.UNAUTHORIZED DUPLICATION PROHIBITED.#12Engineer:A1234BCDEABCDE12341601 BRYAN STREET, SUITE M-210, DALLAS, TEXAS 75201C:\Revit\21122 - RI Prosper - Central - New Gate House - R20_pekhtiari@mayseassociates.com.rvtNo1/24/2022 3:38:58 PMA0.2AEXHIBIT D-1RESIDENCE INNBY MARRIOTTATLANTIC HOTELGROUPLOTS 15&16 WESTSIDEADDITION, US 380/FM 1385, PROSPER, TX01/03/2022211221" = 20'-0"A3.0A0.2A1SITE PLAN7281451Page 93Item 12. Z18-0012 EXHIBIT E DEVELOPMENT SCHEDULE WESTSIDE The phasing and development of this project is dependent upon both market conditions and the individual developers’ timing. The anticipated schedule for the buildout will likely include a division of developmental increments. Upon commencement of development, the project construction is expected to require between 18 – 60 months. See Exhibit E2 for a graphic depiction. Phase 1A: The central core of the property coupled with the construction of the central park. It would comprise both the physical heart of the project, plus individual pads inside the retail development. Vehicular access to the property will mostly be included in this phase. Depending on the schedule of the multi-family developer, Phase 1B could be developed in conjunction with Phase 1A. Phase 1B: The initial phase of a two phase multi-family development. Phase 2A: The second phase of a two phase commercial development, including retail/restaurant and entertainment uses to the west of the central park. Phase 2B: The second phase of a multi-family development, located to the north of Phase 2A. Phase 2B could be developed in conjunction with Phase 2A. Z22-0001 Page 94 Item 12. 227HOTELRESTAURANT7,700 SF6,500 SFRESTAURANTREST/RETAIL60,000 SFENTERTAINMENT3,750 SFEXISTINGF.M. 1385 1 0 0 Y E A R F LOO D P L A I N AREA OF FLOODPLAIN8.3 ACRESEXISTINGSINGLE FAMILYSINGLE FAMILYDO E BR A NCHU.S. HIGHWAY 380(UNIVERSITY DRIVE)LOT 15LOT 4LOT 5LOT 17LOT 19LOT 14HOTEL7,400 SF110 ROOMS2,900 SFREST/RETAILLOT 18LOT 16LOT 37,400 SFLOT 12LOT 1390 ROOMSLOT 94,800 SF3,000 SFREST/RETAILREST/RETAILLOT 10REST/RETAILREST/RETAILLOT 8LOT 116,350 SFLOT 7REST/RETAILREST/RETAILLOT 6REST/RETAIL2,900 SF4,500 SF3,200 SFLOT 2LOT 1REST/RETAIL10,900 SF92 SPACES1,380 SF OF INTERNAL LANDSCAPE AREA REQUIRED12,430 SF SF INTERNAL LANDSCAPE AREA PROVIDEDGAS/CONVENIENCEURBANRESIDENTIALGATEGATE1 ACREPUBLIC OPENSPACEURBANRESIDENTIALURBANRESIDENTIALURBANRESIDENTIAL139 SPACES2,160 SF OF INTERNAL LANDSCAPE AREA REQUIRED2,500 SF SF INTERNAL LANDSCAPE AREA PROVIDED213 SPACES2,550 SF OF INTERNAL LANDSCAPE AREA REQUIRED8, 000 SF SF INTERNAL LANDSCAPE AREA PROVIDED143 SPACES1,755 SF OF INTERNALLANDSCAPE AREA REQUIRED2,500 SF SF INTERNALLANDSCAPE AREA PROVIDED67 SPACES1,590 SF OF INTERNALLANDSCAPE AREA REQUIRED2,500 SF SF INTERNALLANDSCAPE AREA PROVIDEDURBANRESIDENTIALURBANRESIDENTIAL485 SPACES7,950 SF OF INTERNAL LANDSCAPE AREA REQUIRED10,000 SF SF INTERNAL LANDSCAPE AREA PROVIDED79 SPACES1,580 SF OF INTERNAL LANDSCAPE AREA REQUIRED1,580 SF SF INTERNAL LANDSCAPE AREA PROVIDEDURBANRESIDENTIALURBANRESIDENTIALURBANRESIDENTIAL0 100 200400 FeetNJob #:File Name:Date:Drawn by: BEM, RR, PAFor Staff Use17173.02LandscapeSite-2018-1016.dwg 10/22/18EXHIBIT "G"US 380 / FM 1385 NECProsper, Texas63.905 AcresDallasFortWorthAustinOwner:GF3 Partnership, LLCContact: Michael C. Fannin15700 State Highway 121Frisco, Texas 75035972.747.9233mcfannin@gmail.comPHASE2APHASE1APHASE1BPHASE2BEXHIBIT "E2" - PHASING DIAGRAMPage 95Item 12. 2808 Fairmount Street,Suite 300Dallas, Texas 75201 |214.303.15003300 West 7th Street,Suite 110Fort Worth, Texas 76107 |817.303.150013/32"=1'-0"EAST ELEVATION23/32"=1'-0"WEST ELEVATION33/32"=1'-0"NORTH ELEVATION43/32"=1'-0"SOUTH ELEVATIONPage 96Item 12. CONCEPTUAL DRAWINGNOT FOR CONSTRUCTIONSEAL:sheet no.job no.datesheet titleRevisions:This drawing and all prints of it are the property of Mayse & Associates, Inc. Reproductions of these drawings without the written consent of Mayse & Associates, Inc. is not permitted, and Mayse & Associates, Inc. retains all common law and statutory and other reserved rights, including the copyright.© 2016 MAYSE & ASSOCIATES, INC.UNAUTHORIZED DUPLICATION PROHIBITED.#12Engineer:1601 BRYAN STREET, SUITE M-210, DALLAS, TEXAS 75201C:\Revit\21122 - RI Prosper - Central - New Gate House - R20_pekhtiari@mayseassociates.com.rvtNo1/24/2022 3:41:28 PMA0.4Z22-0001 EXHIBIT FRESIDENCE INNBY MARRIOTTATLANTIC HOTELGROUPLOTS 15&16 WESTSIDEADDITION, US 380/FM 1385, PROSPER, TX01/03/202221122PERSPECTIVE - EAST VIEWPERSPECTIVE -HOTEL MAIN ENTRYPERSPECTIVE -NORTH VIEWPage 97Item 12. CONCEPTUAL DRAWINGNOT FOR CONSTRUCTIONSEAL:sheet no.job no.datesheet titleRevisions:This drawing and all prints of it are the property of Mayse & Associates, Inc. Reproductions of these drawings without the written consent of Mayse & Associates, Inc. is not permitted, and Mayse & Associates, Inc. retains all common law and statutory and other reserved rights, including the copyright.© 2016 MAYSE & ASSOCIATES, INC.UNAUTHORIZED DUPLICATION PROHIBITED.#12Engineer:1601 BRYAN STREET, SUITE M-210, DALLAS, TEXAS 75201C:\Revit\21122 - RI Prosper - Central - New Gate House - R20_pekhtiari@mayseassociates.com.rvtNo1/24/2022 3:41:28 PMA0.5Z22-0001 EXHIBIT FRESIDENCE INNBY MARRIOTTATLANTIC HOTELGROUPLOTS 15&16 WESTSIDEADDITION, US 380/FM 1385, PROSPER, TX01/03/202221122PERSPECTIVE -SOUTH WEST VIEW PERSPECTIVE -WEST VIEW (FACING PARK)PERSPECTIVE -SOUTH EAST VIEWPage 98Item 12. EXTERIOR ELEV. GEN. NOTES1. ALL MATERIALS END ON INSIDE CORNER UNLESS NOTED OTHERWISE 2. STUCCO CONTROL JOINTS & REVEAL PATTERNS SHALL BE RETURNED TO INSIDE CORNERS AT FACES NOT SHOWN. VERIFY WITH ARCHITECT3. REFER TO ELECTRICAL FOR EXTERIOR WALL MOUNTED FIXTURES4. ALL STONE VENEER WALLS TO HAVE CONTROL JOINTS AT ALL INSIDE CORNERS AND AT MINIMUM OF 75 FT. 5. ALIGN WINDOWS AT HEAD ACROSS BUILDING (TYP.)Level 1100' -0"Level 2112' -0"Level 3123' -0"Level 4134' -0"ROOF145' -0"T.O.P 1148' -0"ABCDEFGHIJKNPRSTT.O.P. 2151' -0"T.O.P. 4155' -0"T.O.P. 3153' -0"2' - 0"2' - 0"3' - 0"3' - 0"11' - 0"11' - 0"11' - 0"12' - 0"10' - 0"45' - 0"55' - 0"8' - 10"LMBR-2BR-1BR-2STBR-3BR-3BR-3BR-1BR-1BR-1BR-1BR-1BR-2BR-2BR-2BR-2BR-3BR-3BR-3BR-3BR-3BR-3BR-3BR-3STSTSTBR-1E-1E-1E-1E-1E-1E-1E-1E-1E-1E-1E-1E-1E-1E-1E-1E-1E-1E-1E-1E-1STSTSTSTSTSTLevel 1100' -0"Level 2112' -0"Level 3123' -0"Level 4134' -0"ROOF145' -0"T.O.P 1148' -0"ABCDEFGHIJKNPRST2' - 0"2' - 0"3' - 0"3' - 0"11' - 0"11' - 0"11' - 0"12' - 0"T.O.P. 2151' -0"T.O.P. 4155' -0"T.O.P. 3153' -0"10' - 0"45' - 0"55' - 0"LMBR-2BR-1BR-1BR-1BR-3BR-3STBR-3STBR-1BR-1BR-1BR-2BR-3BR-3BR-3BR-1BR-2BR-2STSTBR-1BR-1BR-1BR-2BR-3E-1E-1E-1E-1E-1E-1E-1E-1E-1E-1E-1E-1E-1E-1E-1E-1E-1E-1E-1FACADE MATERIAL ANALYSISNORTH ELEVATIONMATERIALAREA%STONEBRICK COLOR 1BRICK COLOR 2BRICK COLOR 3SOUTH ELEVATIONSTONEBRICK COLOR 1BRICK COLOR 2BRICK COLOR 3EAST ELEVATIONSTONEBRICK COLOR 1BRICK COLOR 2BRICK COLOR 3WEST ELEVATIONSTONEBRICK COLOR 1BRICK COLOR 2BRICK COLOR 31,490 SF +/-3,710 SF +/-1,915 SF +/-560 SF +/-TOTAL8,840 SF +/-2,455 SF +/-5,895 SF +/-2,255 SF +/-1,490 SF +/-14,130 SF +/-TOTAL4,140 SF +/-6,530 SF +/-2,400 SF +/-1,450 SF +/-16,545 SF +/-TOTAL2,580 SF +/-3,560 SF +/-1,735 SF +/-1,220 SF +/-10,310 SF +/-TOTALMATERIAL TABLEBRICK COLOR 1BRICK COLOR 2STONE25%34.5%16.8%11.9%100%16.9%42%21.7%6.3%100%25%39.5%14.5%8.8%100%17.4%41.8%16%10.6%100%MANGANESE IRON SPOT -VELOR (BR-1)COTTON WOOD HONED (ST)AUTUMN SAND (BR-2) EIFS APPLIQUESAND BEACH (E-1)EIFS COLOR 1EIFS COLOR 1EIFS COLOR 1EIFS COLOR 11,165 SF +/-13.1%2,035 SF +/-14.2%2,025 SF +/-12.2%1,215 SF +/-11.8%BRICK COLOR 3ARCTIC WHITE (BR-3)EXTERIOR FINISH LEGENDBRICK COLOR 1BRICK COLOR 2BRICK COLOR 3STONEEIFS COLOR 1CONCEPTUAL DRAWINGNOT FOR CONSTRUCTIONSEAL:sheet no.job no.datesheet titleRevisions:This drawing and all prints of it are the property of Mayse & Associates, Inc. Reproductions of these drawings without the written consent of Mayse & Associates, Inc. is not permitted, and Mayse & Associates, Inc. retains all common law and statutory and other reserved rights, including the copyright.© 2016 MAYSE & ASSOCIATES, INC.UNAUTHORIZED DUPLICATION PROHIBITED.#12Engineer:A1234BCDEABCDE12341601 BRYAN STREET, SUITE M-210, DALLAS, TEXAS 75201C:\Revit\21122 - RI Prosper - Central - New Gate House - R20_pekhtiari@mayseassociates.com.rvtNo1/24/2022 3:40:41 PMA3.0Z22-0001 EXHIBIT FRESIDENCE INNBY MARRIOTTATLANTIC HOTELGROUPLOTS 15&16 WESTSIDEADDITION, US 380/FM 1385, PROSPER, TX01/03/2022211223/32" = 1'-0"A3.01EAST BUILDING ELEVATION3/32" = 1'-0"A3.02WEST BUILDING ELEVATIONPage 99Item 12. EXTERIOR ELEV. GEN. NOTES1. ALL MATERIALS END ON INSIDE CORNER UNLESS NOTED OTHERWISE 2. STUCCO CONTROL JOINTS & REVEAL PATTERNS SHALL BE RETURNED TO INSIDE CORNERS AT FACES NOT SHOWN. VERIFY WITH ARCHITECT3. REFER TO ELECTRICAL FOR EXTERIOR WALL MOUNTED FIXTURES4. ALL STONE VENEER WALLS TO HAVE CONTROL JOINTS AT ALL INSIDE CORNERS AND AT MINIMUM OF 75 FT. 5. ALIGN WINDOWS AT HEAD ACROSS BUILDING (TYP.)Level 1100' -0"Level 2112' -0"Level 3123' -0"Level 4134' -0"ROOF145' -0"T.O.P 1148' -0"2345691127810111314T.O.P. 2151' -0"T.O.P. 4155' -0"T.O.P. 3153' -0"12' - 0"11' - 0"11' - 0"11' - 0"3' - 0"3' - 0"2' - 0"2' - 0"55' - 0"45' - 0"10' - 0"BR-1BR-1BR-1BR-1BR-1BR-1BR-2BR-2BR-2BR-2BR-3BR-3BR-3BR-3BR-1BR-3BR-3STSTSTSTSTE-1E-1E-1E-1E-1E-1E-1E-1E-1E-1STSTLevel 1100' -0"Level 2112' -0"Level 3123' -0"Level 4134' -0"ROOF145' -0"T.O.P 1148' -0"2345691122' - 0"2' - 0"3' - 0"3' - 0"11' - 0"11' - 0"11' - 0"12' - 0"T.O.P. 2151' -0"T.O.P. 4155' -0"T.O.P. 3153' -0"10' - 0"45' - 0"55' - 0"BR-1BR-1BR-1BR-1BR-1BR-2BR-2BR-2BR-2BR-1BR-3BR-3BR-3BR-3BR-3BR-3STSTSTSTE-1E-1E-1E-1E-1E-1E-1E-1E-1E-1E-1E-1E-1E-1PROPOSED TRANSFORMERFACADE MATERIAL ANALYSISNORTH ELEVATIONMATERIALAREA%STONEBRICK COLOR 1BRICK COLOR 2BRICK COLOR 3SOUTH ELEVATIONSTONEBRICK COLOR 1BRICK COLOR 2BRICK COLOR 3EAST ELEVATIONSTONEBRICK COLOR 1BRICK COLOR 2BRICK COLOR 3WEST ELEVATIONSTONEBRICK COLOR 1BRICK COLOR 2BRICK COLOR 31,490 SF +/-3,710 SF +/-1,915 SF +/-560 SF +/-TOTAL8,840 SF +/-2,455 SF +/-5,895 SF +/-2,255 SF +/-1,490 SF +/-14,130 SF +/-TOTAL4,140 SF +/-6,530 SF +/-2,400 SF +/-1,450 SF +/-16,545 SF +/-TOTAL2,580 SF +/-3,560 SF +/-1,735 SF +/-1,220 SF +/-10,310 SF +/-TOTALMATERIAL TABLEBRICK COLOR 1BRICK COLOR 2STONE25%34.5%16.8%11.9%100%16.9%42%21.7%6.3%100%25%39.5%14.5%8.8%100%17.4%41.8%16%10.6%100%MANGANESE IRON SPOT -VELOR (BR-1)COTTON WOOD HONED (ST)AUTUMN SAND (BR-2) EIFS APPLIQUESAND BEACH (E-1)EIFS COLOR 1EIFS COLOR 1EIFS COLOR 1EIFS COLOR 11,165 SF +/-13.1%2,035 SF +/-14.2%2,025 SF +/-12.2%1,215 SF +/-11.8%BRICK COLOR 3ARCTIC WHITE (BR-3)EXTERIOR FINISH LEGENDBRICK COLOR 1BRICK COLOR 2BRICK COLOR 3STONEEIFS COLOR 1CONCEPTUAL DRAWINGNOT FOR CONSTRUCTIONSEAL:sheet no.job no.datesheet titleRevisions:This drawing and all prints of it are the property of Mayse & Associates, Inc. Reproductions of these drawings without the written consent of Mayse & Associates, Inc. is not permitted, and Mayse & Associates, Inc. retains all common law and statutory and other reserved rights, including the copyright.© 2016 MAYSE & ASSOCIATES, INC.UNAUTHORIZED DUPLICATION PROHIBITED.#12Engineer:A1234BCDEABCDE12341601 BRYAN STREET, SUITE M-210, DALLAS, TEXAS 75201C:\Revit\21122 - RI Prosper - Central - New Gate House - R20_pekhtiari@mayseassociates.com.rvtNo1/24/2022 3:40:44 PMA3.1Z22-0001 EXHIBIT FRESIDENCE INNBY MARRIOTTATLANTIC HOTELGROUPLOTS 15&16 WESTSIDEADDITION, US 380/FM 1385, PROSPER, TX01/03/2022211223/32" = 1'-0"A3.12NORTH BUILDING ELEVATION3/32" = 1'-0"A3.11SOUTH BUILDING ELEVATIONPage 100Item 12. Level 1100' -0"Level 2112' -0"Level 3123' -0"Level 4134' -0"ROOF145' -0"T.O.P 1148' -0"T.O.P. 2151' -0"T.O.P. 4155' -0"T.O.P. 3153' -0"2' - 0"2' - 0"3' - 0"3' - 0"11' - 0"11' - 0"11' - 0"12' - 0"10' - 0"11' - 0"34' - 0"55' - 0"GLAZINGBRICK COLOR 1BRICK COLOR 3BRICK COLOR 2BRICK COLOR 3BRICK COLOR 1STONEGLAZINGVTAC GRILLVTAC GRILL ON SIDE WALLGLAZINGSTONESTANDING SEAM SLOPED ROOFSTONEGLAZINGSTONEGLAZINGVTAC GRILLVTAC GRILL ON SIDE WALL.BRICK COLOR 3BRICK COLOR 1BRICK COLOR 2BRICK SOLDIER COURSE, COLOR 2BRICK COLOR 3BRICK COLOR 1BRICK COLOR 2GLAZINGBRICK COLOR 1BRICK COLOR 2BRICK SOLDIER COURSE, COLOR 2BRICK COLOR 1BRICK SOLDIER COURSE, COLOR 1BRICK COLOR 3BRICK COLOR 2BRICK SOLDIER COURSE, COLOR 2EIFS COLOR 1CORNICE, EIFS COLOR 1BRICK COLOR 2EIFS COLOR 1EIFS COLOR 1EIFS COLOR 1BRICK SOLDIER COURSE, COLOR 2EIFS COLOR 1BRICK COLOR 3CORNICE, EIFS COLOR 1EIFS COLOR 1CORNICE, EIFS COLOR 1CORNICE, EIFS COLOR 1EQUIPMENT SCREENBRICK SOLDIER COURSE, COLOR 2BRICK SOLDIER COURSE, COLOR 2BRICK CONTROL JOINT, TYP.BRICK CONTROL JOINT, TYP.BRICK CONTROL JOINT, TYP.PROPOSED SIGNAGE LOCATION TO BE PERMITTED SEPARATELYPROPOSED SIGNAGE LOCATION TO BE PERMITTED SEPARATELYMEP EQUIPMENT BEYONDMEP EQUIPMENT BEYONDLevel 1100' -0"Level 2112' -0"Level 3123' -0"Level 4134' -0"ROOF145' -0"T.O.P 1148' -0"T.O.P. 2151' -0"T.O.P. 4155' -0"T.O.P. 3153' -0"2' - 0"2' - 0"3' - 0"3' - 0"11' - 0"11' - 0"11' - 0"12' - 0"10' - 0"45' - 0"55' - 0"BRICK COLOR 1BRICK COLOR 2VTAC GRILLEGLAZINGBRICK COLOR 1BRICK COLOR 3BRICK COLOR 3BRICK COLOR 1BRICK COLOR 2BRICK COLOR 1BRICK COLOR 3BRICK COLOR 1BRICK COLOR 2BRICK COLOR 1BRICK COLOR 3BRICK COLOR 1BRICK SOLDIER COURSE, COLOR 2STONEVTAC GRILLEGLAZINGVTAC GRILLE ON SIDE WALLPROPOSED GAS METERPROPOSED TRANSFORMERSTONETRELLISCORNICE, EIFS COLOR 1EIFS COLOR 1EIFS COLOR 1BRICK SOLDIER COURSE, COLOR 1BRICK COLOR 1EIFS COLOR 1BRICK COLOR 3EIFS COLOR 1BRICK SOLDIER COURSE, COLOR 2BRICK COLOR 3EIFS COLOR 1EIFS COLOR 1BRICK SOLDIER COURSE, COLOR 3CORNICE, EIFS COLOR 1CORNICE, EIFS COLOR 1STONE CORNICE, EIFS COLOR 1CORNICE, EIFS COLOR 1EIFS COLORBRICK SOLDIER COURSE, COLOR 2EIFS COLOR 1EIFS COLOR 1BRICK COLOR 2EIFS COLOR 1BRICK CONTROL JOINT, TYP.BRICK CONTROL JOINT, TYP.BRICK CONTROL JOINT, TYP.BRICK CONTROL JOINT, TYP.PROPOSED SIGNAGE LOCATION TO BE PERMITTED SEPARATELYMEP EQUIPMENT BEYONDEXTERIOR FINISH LEGENDBRICK COLOR 1 (BR-1)BRICK COLOR 2 (BR-2)BRICK COLOR 3 (BR-3)STONE (ST)PERFORATED CORTEN PANEL (CR)EIFS COLOR 1 (E-1)FACADE MATERIAL ANALYSISNORTH ELEVATIONMATERIALAREA%STONEBRICK COLOR 1BRICK COLOR 2BRICK COLOR 3SOUTH ELEVATIONSTONEBRICK COLOR 1BRICK COLOR 2BRICK COLOR 3EAST ELEVATIONSTONEBRICK COLOR 1BRICK COLOR 2BRICK COLOR 3WEST ELEVATIONSTONEBRICK COLOR 1BRICK COLOR 2BRICK COLOR 31,490 SF +/-3,710 SF +/-1,915 SF +/-560 SF +/-TOTAL8,840 SF +/-2,455 SF +/-5,895 SF +/-2,255 SF +/-1,490 SF +/-14,130 SF +/-TOTAL4,140 SF +/-6,530 SF +/-2,400 SF +/-1,450 SF +/-16,545 SF +/-TOTAL2,580 SF +/-3,560 SF +/-1,735 SF +/-1,220 SF +/-10,310 SF +/-TOTALMATERIAL TABLEBRICK COLOR 1BRICK COLOR 2STONE25%34.5%16.8%11.9%100%16.9%42%21.7%6.3%100%25%39.5%14.5%8.8%100%17.4%41.8%16%10.6%100%MANGANESE IRON SPOT -VELOR (BR-1)COTTON WOOD HONED (ST)AUTUMN SAND (BR-2) EIFS APPLIQUESAND BEACH (E-1)EIFS COLOR 1EIFS COLOR 1EIFS COLOR 1EIFS COLOR 11,165 SF +/-13.1%2,035 SF +/-14.2%2,025 SF +/-12.2%1,215 SF +/-11.8%BRICK COLOR 3ARCTIC WHITE (BR-3)CONCEPTUAL DRAWINGNOT FOR CONSTRUCTIONSEAL:sheet no.job no.datesheet titleRevisions:This drawing and all prints of it are the property of Mayse & Associates, Inc. Reproductions of these drawings without the written consent of Mayse & Associates, Inc. is not permitted, and Mayse & Associates, Inc. retains all common law and statutory and other reserved rights, including the copyright.© 2016 MAYSE & ASSOCIATES, INC.UNAUTHORIZED DUPLICATION PROHIBITED.#12Engineer:1601 BRYAN STREET, SUITE M-210, DALLAS, TEXAS 75201C:\Revit\21122 - RI Prosper - Central - New Gate House - R20_pekhtiari@mayseassociates.com.rvtNo1/24/2022 3:41:52 PMA3.2Z22-0001 EXHIBIT FRESIDENCE INNBY MARRIOTTATLANTIC HOTELGROUPLOTS 15&16 WESTSIDEADDITION, US 380/FM 1385, PROSPER, TX01/03/2022211223/32" = 1'-0"A3.22EAST BUILDING ELEVATION - COLOR3/32" = 1'-0"A3.21WEST BUILDING ELEVATION- COLORPage 101Item 12. EXTERIOR FINISH LEGENDBRICK COLOR 1 (BR-1)BRICK COLOR 2 (BR-2)BRICK COLOR 3 (BR-3)STONE (ST)PERFORATED CORTEN PANEL (CR)EIFS COLOR 1 (E-1)Level 1100' -0"Level 2112' -0"Level 3123' -0"Level 4134' -0"ROOF145' -0"T.O.P 1148' -0"T.O.P. 2151' -0"T.O.P. 4155' -0"T.O.P. 3153' -0"12' - 0"11' - 0"11' - 0"11' - 0"3' - 0"3' - 0"2' - 0"2' - 0"45' - 0"10' - 0"55' - 0"BRICK COLOR 1BRICK COLOR 2GLAZINGBRICK COLOR 3BRICK COLOR 3BRICK COLOR 2BRICK COLOR 1BRICK COLOR 1BRICK COLOR 2BRICK COLOR 3BRICK COLOR 1BRICK COLOR 2BRICK COLOR 1GLAZINGSTONEGLAZINGSTONEGLAZINGVTAC GRILLEVTAC GRILLESTONECORNICE, EIFS COLOR 1BRICK COLOR 3EIFS COLOR 1EIFS COLOR 1BRICK SOLDIER COURSE, COLOR 2EIFS COLOR 1BRICK SOLDIER COURSE, COLOR 2EIFS COLOR 1BRICK SOLDIER COURSE, COLOR 1CORNICE, EIFS COLOR 1BRICK SOLDIER COURSE, COLOR 2BRICK SOLDIER COURSE, COLOR 2CORNICE, EIFS COLOR 1CORNICE, EIFS COLOR 1STANDING SEAM SLOPED ROOFBRICK CONTROL JOINT, TYP.BRICK CONTROL JOINT, TYP.MEP EQUIPMENT BEYONDSTANDING SEAM SLOPED ROOFTRELLISLevel 1100' -0"Level 2112' -0"Level 3123' -0"Level 4134' -0"ROOF145' -0"T.O.P 1148' -0"T.O.P. 2151' -0"T.O.P. 4155' -0"T.O.P. 3153' -0"2' - 0"2' - 0"3' - 0"3' - 0"11' - 0"11' - 0"11' - 0"12' - 0"10' - 0"45' - 0"55' - 0"BRICK COLOR 1BRICK COLOR 2BRICK COLOR 1BRICK COLOR 3BRICK COLOR 2BRICK COLOR 3GLAZINGBRICK COLOR 2BRICK COLOR 1BRICK COLOR 3BRICK COLOR 2BRICK COLOR 3BRICK COLOR 1GLAZINGGAS METERSTONETRELLISGLAZINGSTONESTONE9' - 4"CORNICE, EIFS COLOR 1EIFS COLOR 1CORNICE, EIFS COLOR 1CORNICE, EIFS COLOR 1BRICK SOLDIER COURSE, COLOR 2 EIFS COLOR 1EIFS COLOR 1BRICK SOLDIER COURSE, COLOR 3CORNICE, EIFS COLOR 1EIFS COLOR 1BRICK CONTROL JOINT, TYP.BRICK CONTROL JOINT, TYP.PROPOSED SIGNAGE LOCATION TO BE PERMITTED SEPARATELYMEP EQUIPMENT BEYONDFACADE MATERIAL ANALYSISNORTH ELEVATIONMATERIALAREA%STONEBRICK COLOR 1BRICK COLOR 2BRICK COLOR 3SOUTH ELEVATIONSTONEBRICK COLOR 1BRICK COLOR 2BRICK COLOR 3EAST ELEVATIONSTONEBRICK COLOR 1BRICK COLOR 2BRICK COLOR 3WEST ELEVATIONSTONEBRICK COLOR 1BRICK COLOR 2BRICK COLOR 31,490 SF +/-3,710 SF +/-1,915 SF +/-560 SF +/-TOTAL8,840 SF +/-2,455 SF +/-5,895 SF +/-2,255 SF +/-1,490 SF +/-14,130 SF +/-TOTAL4,140 SF +/-6,530 SF +/-2,400 SF +/-1,450 SF +/-16,545 SF +/-TOTAL2,580 SF +/-3,560 SF +/-1,735 SF +/-1,220 SF +/-10,310 SF +/-TOTALMATERIAL TABLEBRICK COLOR 1BRICK COLOR 2STONE25%34.5%16.8%11.9%100%16.9%42%21.7%6.3%100%25%39.5%14.5%8.8%100%17.4%41.8%16%10.6%100%MANGANESE IRON SPOT -VELOR (BR-1)COTTON WOOD HONED (ST)AUTUMN SAND (BR-2) EIFS APPLIQUESAND BEACH (E-1)EIFS COLOR 1EIFS COLOR 1EIFS COLOR 1EIFS COLOR 11,165 SF +/-13.1%2,035 SF +/-14.2%2,025 SF +/-12.2%1,215 SF +/-11.8%BRICK COLOR 3ARCTIC WHITE (BR-3)CONCEPTUAL DRAWINGNOT FOR CONSTRUCTIONSEAL:sheet no.job no.datesheet titleRevisions:This drawing and all prints of it are the property of Mayse & Associates, Inc. Reproductions of these drawings without the written consent of Mayse & Associates, Inc. is not permitted, and Mayse & Associates, Inc. retains all common law and statutory and other reserved rights, including the copyright.© 2016 MAYSE & ASSOCIATES, INC.UNAUTHORIZED DUPLICATION PROHIBITED.#12Engineer:1601 BRYAN STREET, SUITE M-210, DALLAS, TEXAS 75201C:\Revit\21122 - RI Prosper - Central - New Gate House - R20_pekhtiari@mayseassociates.com.rvtNo1/24/2022 3:42:33 PMA3.3Z22-0001 EXHIBIT FRESIDENCE INNBY MARRIOTTATLANTIC HOTELGROUPLOTS 15&16 WESTSIDEADDITION, US 380/FM 1385, PROSPER, TX01/03/2022211223/32" = 1'-0"A3.32NORTH BUILDING ELEVATION- COLOR3/32" = 1'-0"A3.31SOUTH BUILDING ELEVATION- COLORPage 102Item 12. FACADE MATERIAL ANALYSISD1 NORTH ELEVATION-AREA 'B'MATERIALAREA (SF)%2 1/2" ARCHITECTURALLY FINISHEDCONCRETE000STAINLESS STEEL TILE-T11000STUCCO FINISH-PAINT P5000EXPOSED TILT WALL PANEL; TEXTUREDPAINT58271004" ARCHITECTURALLY FINISHEDCONCRETE0005827TOTAL100C1 NORTH ELEVATION-AREA 'A'MATERIALAREA (SF)%191018.5000000838981.500.0010,299TOTAL100B1 SOUTH ELEVATION-AREA 'A'MATERIALAREA (SF)%509180.200071811.30005428.56351TOTAL100A1 SOUTH ELEVATION-AREA 'B'MATERIALAREA (SF) %292932.5000000396143.9211323.59,003TOTAL1002 1/2" ARCHITECTURALLY FINISHEDCONCRETESTAINLESS STEEL TILE-T11STUCCO FINISH-PAINT P5EXPOSED TILT WALL PANEL; TEXTUREDPAINT4" ARCHITECTURALLY FINISHEDCONCRETE2 1/2" ARCHITECTURALLY FINISHEDCONCRETESTAINLESS STEEL TILE-T11STUCCO FINISH-PAINT P5EXPOSED TILT WALL PANEL; TEXTUREDPAINT4" ARCHITECTURALLY FINISHEDCONCRETE2 1/2" ARCHITECTURALLY FINISHEDCONCRETESTAINLESS STEEL TILE-T11STUCCO FINISH-PAINT P5EXPOSED TILT WALL PANEL; TEXTUREDPAINT4" ARCHITECTURALLY FINISHEDCONCRETEPage 103Item 12. FACADE MATERIAL ANALYSISB1 WEST ELEVATIONMATERIALAREA (SF)%341542.94886.1236338124800TOTAL7,951100A1 EAST ELEVATIONMATERIALAREA (SF)%00007468.7779991.300TOTAL8,5451002 1/2" ARCHITECTURALLY FINISHEDCONCRETESTAINLESS STEEL TILE-T11STUCCO FINISH-PAINT P5EXPOSED TILT WALL PANEL;TEXTURED PAINT4" ARCHITECTURALLY FINISHEDCONCRETE2 1/2" ARCHITECTURALLY FINISHEDCONCRETESTAINLESS STEEL TILE-T11STUCCO FINISH-PAINT P5EXPOSED TILT WALL PANEL;TEXTURED PAINT4" ARCHITECTURALLY FINISHEDCONCRETEPage 104Item 12. Page 105Item 12. 5(1'(5,1* $1' (/(9$7,216 21 6+((76 55 $1' 5 $5( 5(35(6(17$7,9(7+( %8,/',1* '2 127 (;$&7/< 5()/(&7 7+26(2) 7+( 352326(' 352-(&7 %87 $5( ,1',&$7,9(2) '(6,*1 ,17(17 $1' 6,0,/$5 &21',7,2165($5,17(5,25 (/(9$7,215($5,17(5,25 (/(9$7,2155Page 106Item 12. 5(1'(5,1* $1' (/(9$7,216 21 6+((76 55 $1' 5 $5( 5(35(6(17$7,9(7+( %8,/',1* '2 127 (;$&7/< 5()/(&7 7+26(2) 7+( 352326(' 352-(&7 %87 $5( ,1',&$7,9(2) '(6,*1 ,17(17 $1' 6,0,/$5 &21',7,216)5217 (/(9$7,21)5217 (/(9$7,2155Page 107Item 12. 5(1'(5,1* $1' (/(9$7,216 21 6+((76 55 $1' 5 $5( 5(35(6(17$7,9(7+( %8,/',1* '2 127 (;$&7/< 5()/(&7 7+26(2) 7+( 352326(' 352-(&7 %87 $5( ,1',&$7,9(2) '(6,*1 ,17(17 $1' 6,0,/$5 &21',7,216)5217 (/(9$7,21)5217 (/(9$7,2155)5217 (/(9$7,215Page 108Item 12. 22UTRWD 60' UTILITY EASEMENTOPEN SPACE(OUTSIDE OF FLOODPLAIN)2.8 ACRESAPPROXIMATEALIGNMENT OFMAGNOLIA BOULEVARDUTRWD 25' UTILITY EASEMENT 7CONNECTIONTO WESTFORK CROSSINGTRAILHEADPROPOSED EXPANSIONOF THE TOWN OF PROSPERTRAIL SYSTEMSECURITY GATE3" CALIPER EVERGREEN TREE-TYPE II3" CALIPER TREE-TYPE I33 TREES TYPE 133 TREES TYPE 215 GALLON SHRUBRESTAURANT7,700 SF6,500 SFRESTAURANTREST/RETAIL60,000 SFENTERTAINMENT3,750 SFEXISTINGF.M. 1385100 YEAR FLOODPLAINAREA OF FLOODPLAIN8.3 ACRESEXISTINGSINGLE FAMILYSINGLE FAMILYDOE BRANCHU.S. HIGHWAY 380(UNIVERSITY DRIVE)LOT 4LOT 5LOT 19LOT 147,400 SF2,900 SFREST/RETAILLOT 18LOT 37,400 SFLOT 12LOT 13LOT 94,800 SF3,000 SFREST/RETAILREST/RETAILLOT 10REST/RETAILREST/RETAILLOT 8LOT 116,350 SFLOT 7REST/RETAILREST/RETAILLOT 6REST/RETAIL2,900 SF4,500 SF3,200 SFLOT 2LOT 1REST/RETAIL10,900 SF0 100 200 400 FeetNLOT 15LOT 16MAYSE & ASSOCIATES ONLY ADJUSTEDLOT 15 AND 16.THE REST BY OTHERS ANDPREVIOUSLY APPROVEDFOR CONCEPTUAL PROPOSE ONLY.FINAL LANDSCAPE PLAN WILL BESUBMITTED DURING PERMITTING.1101/27/2022ADJUSTED LOT 15&16THIS TABLE IS NOT UPDATED FOR LOT 15 AND LOT 16 CHANGESNote: The minimum requirements for perimeter landscaping and parking terminus landscaping islands will be provided at the time of Site Plan, subject to Park and Recreation Department approval. Page 109Item 12. 1 Z22-0001 EXHIBIT C DEVELOPMENT STANDARDS WESTSIDE 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, as it exists or may be amended, and the Subdivision Ordinance, as it exists or may be amended, shall apply. Tract A – Retail District A1. Except as noted below, the Tract shall develop in accordance with the Retail District as it exists or may be amended. A2. Uses. Uses shall be permitted in accordance with the Retail District with the exception of the following: Permitted Uses 1. Restaurant (with Drive-Through) a. A restaurant with drive-through shall be permitted by right in accordance with the Conditional Development Standards, outlined in the Zoning Ordinance. A maximum of two (2) noncontiguous drive-through restaurants shall be permitted along US 380, and a maximum of two (2) drive-through restaurants shall be permitted along FM 1385, as shown on Exhibit D. 2. Hotel, Limited ServiceExtended Stay a. A maximum of two (2) limited serviceExtended stay hotels shall be permitted by right on the subject property, as shown on Exhibit D, and shall otherwise be permitted in accordance with the Conditional Development Standards, outlined in the Zoning Ordinance. Prohibited Uses: 1. Athletic Stadium or Field, Public 2. Automobile Parking Lot/Garage 3. Automobile Paid Parking Lot/Garage 4. Recycling Collection Point 5. School District Bus Yard A3. Regulations. Regulations shall be permitted in accordance with the Retail District with the exception of the following: 1. Maximum Height a. Commercial Amusement, Indoor: Two (2) stories, no greater than fifty (50) feet at the parapet height, with an additional twenty (20) feet above the parapet for a marquee. b. Hotel, Limited ServiceExtended Stay: Five (5) stories, no greater than seventy-five (75) feet. i. Minimum height of four (4) stories. A4. Design Guidelines 1. Elevation Review and Approval a. Conceptual Elevations, conforming to Exhibit F, shall be submitted at the time of Preliminary Site Plan, subject to approval by the Planning & Zoning Commission. b. Detailed Façade Plans conforming to the Conceptual Elevations shall be submitted for each building at the time of Site Plan, subject to approval by the Planning & Zoning Commission. Page 110 Item 12. 2 Façade Plans for the Limited ServiceExtended Stay Hotels and the Indoor Commercial Amusement uses shall also be subject to Town Council approval. 2. Architectural Standards a. At least eighty percent (80%) of each building’s façade (excluding doors and windows) shall be finished in one of the following materials: Masonry (brick or stone) i. Commercial Amusement, Indoor may utilize architectural finished concrete as a primary masonry material, and may be used for up to one hundred percent (80%) of a building elevation, as shown on Exhibit F. In addition, a maximum of ten percent (10%) secondary material, and minimum of ten percent (10%) stone, per elevation, shall be required for Commercial Amusement, Indoor. ii. Limited Service Hotels may utilize sintered stone as a primary masonry material, as shown on Exhibit F. b. For retail/restaurant uses, no more than thirty percent (30%) of each façade elevation shall use wood-based high pressure laminate (i.e. Prodema, Trespa, CompactWood), as shown on Exhibit F. c. No more than fifteen percent (15%) of each façade elevation may use a combination of accent materials such as cedar or similar quality decorative wood, architectural metal panel, tile, stucco, or Exterior Insulating Finishing System (EIFS). Stucco and EIFS may only be used eight feet (8’) above the ground floor and is prohibited on all building elevations with the exception of its use for exterior trim and molding features. Commercial Amusement, Indoor shall be limited to a maximum ten percent (10%). d. Architectural embellishments not intended for human occupancy that are integral to the architectural style of the buildings, including spires, belfries, towers, cupolas, domes, marquees and roof forms whose area in plan is no greater than fifteen percent (15%) of the ground floor footprint may exceed the height limits by up to ten feet (10’). e. No single material shall exceed eighty percent (80%) percent of an elevation area. Except for Commercial Amusement, Indoor, a minimum of twenty percent (20%) of the front façade and all facades facing public right-of-way shall be natural or manufactured stone. A minimum of ten percent (10%) of all other facades shall be natural or manufactured stone. Commercial Amusement, Indoor shall require a minimum ten percent (10%) stone, per elevation. i. All buildings shall be designed to incorporate a form of architectural articulation every thirty feet (30’), both horizontally along each wall’s length and vertically along each wall’s height. Acceptable articulation may include the following: ii. Canopies, awnings, or porticos; iii. Recesses/projections; iv. Arcades; v. Arches; vi. Display windows, including a minimum sill height of thirty (30) inches; vii. Architectural details (such as tile work and moldings) integrated into the building facade; viii. Articulated ground floor levels or base; ix. Articulated cornice line; x. Integrated planters or wing walls that incorporate landscape and sitting areas; xi. Offsets, reveals or projecting rib used to express architectural or structural bays; or xii. Varied roof heights; f. All buildings shall be architecturally finished on all four (4) sides with same materials, detailing, and features. g. Except for the Commercial Amusement, Indoor, all primary and secondary exterior building materials (exclusive of glass) shall be of natural texture and shall be neutrals, creams, or other Page 111 Item 12. 3 similar, non-reflective earth tone colors. Bright, reflective, pure tone primary or secondary colors, such as red, orange, yellow, blue, violet, or green are not permitted. h. Corporate identities that conflict with the building design criteria shall be reviewed on a case- by-case basis and approved by the Director of Development Services or his/her designee. The applicant may appeal the decision to the Planning & Zoning Commission and Town Council using the appeal procedure in Chapter 4, Section 1 of the Town’s Zoning Ordinance. i. Exposed conduit, ladders, utility boxes, and drain spouts shall be painted to match the color of the building or an accent color. Natural metal finishes (patina) are an acceptable alternative to paint. j. All retail/commercial buildings with facades greater than two hundred feet (200’) in length shall incorporate wall plane projections or recesses that are at least six feet (6’) deep. Projections/recesses must be at least twenty five percent (25%) of the length of the facade. Except for Commercial Amusement, Indoor, no uninterrupted length of facade may exceed one hundred feet (100’) in length. 3. Windows and Doors a. All ground floor front facades of buildings along streets or public ways with on-street parking or that face directly onto Open Space and contain non-residential uses shall have transparent storefront windows covering no less than thirty percent (30%) of the façade area. Hotels shall have no less than ten percent (10%) of the façade. i. Clear glass is required in all non-residential storefronts. Smoked, reflective, or black glass that blocks two-way visibility is only permitted above the first story. Windows shall have a maximum exterior visible reflectivity of thirty percent (30%). b. At the time of Site Plan in conjunction with the detailed Façade Plans for a Limited Service Hotel, window detailing shall be provided, including but not limited to articulations, recesses, and/or projections. 4. Awning, Canopies, Arcades, and Overhangs a. Awnings shall not be internally illuminated. b. Canopies shall not exceed one hundred linear feet (100’) without a break of at least five feet (5’). c. Awnings and canopies shall not extend beyond ten feet (10’) from the main building façade. A5. Additional Standards 1. Open Space a. Urban Open Space i. An open space as depicted on the Landscape Plan (Exhibit G) shall comprise a minimum of one (1) acre of useable land area that will serve as the central park to the commercial development. A minimum of one (1) pedestrian connection shall be required from the Urban Open Space to the Rural Open Space; a minimum of one (1) pedestrian connection shall be required from the Urban Open Space to the Glenbrooke neighborhood via Kent Drive. Gates and/or fencing on any pedestrian or vehicular way accessing Kent Drive shall be prohibited. ii. The urban park open space shall be constructed at the time of construction of phase 1. The urban park open space shall be constructed at the developer’s cost. iii. The hike and bike trail system and trailhead shall be constructed at the time of construction of phase 1B. The hike and bike trail system shall be constructed at the developer’s cost. b. Rural Open Space Page 112 Item 12. 4 i. An open space as depicted on the Landscape Plan (Exhibit G) shall comprise a minimum of nine (9) acres of useable land area that will serve the greater community with both active and passive open space. c. Combined Urban Open Space and Rural Open Space shall collectively satisfy all Open Space requirements for both Tract A and Tract B as required by the Town of Prosper Zoning Ordinance. 2. Landscape Screening and Buffering a. A thirty-foot (30’) landscape easement shall be required along roadways when an adjacent building sides or backs the road. The landscape buffer shall consist of a minimum three-foot (3’) foot berm. b. A minimum of twenty feet (20’) of landscape easement shall be exclusive of all utility easements, right turn lanes, drainage easements, and rights-of-way. None of the required trees and/or shrubs shall be located within any utility easement. c. A minimum ten-foot (10’) landscape buffer is required adjacent to Urban and Rural Open Space. d. Berming shall be required behind the Entertainment/Indoor Commercial Amusement structure located in Phase 2A as reflected on the Phasing Diagram. 3. Lot Frontage a. Lots are not required to front on a public right-of-way, provided an access easement is established by plat prior to issuance of a Certificate of Occupancy (CO) for any building on a lot not fronting on right-of-way. 4. Parking Requirement a. Hotel, Extended Stay: One (1) parking space, equivalent to seventy-five percent (75%) of the total number of rooms/keys provided. a. Parking spaces for Lots 15 and 16 may be shared, provided the minimum requirements per the zoning ordinance and herein are met. Tract B – Multifamily District B1. Except as noted below, the Tract shall develop in accordance with the Multifamily District as it exists or may be amended. B2. Multifamily Construction 1. For Phase 1B, as shown on Exhibit E2, which consists of a maximum of 243 units, construction may not commence until construction of the first floor framing has begun on the restaurant/retail building as shown on Lot 8 on Exhibit D and the Limited ServiceExtended Stay Hotel on Lot 15 on Exhibit D. 2. For Phase 2B, as shown on Exhibit E2, which consists of a maximum of 237 units, construction may not commence until vertical construction has begun on a minimum fifty thousand (50,000) square foot Indoor Commercial Amusement building or similar size retail building. … Page 113 Item 12. Page 1 of 2 To: Mayor and Town Council From: Betty Pamplin, Finance Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – March 29, 2022 Agenda Item: Consider and act upon a resolution accepting the Independent Audit Report and Annual Comprehensive Financial Report for the Fiscal Year Ended September 30, 2021, as presented by a representative of Pattillo, Brown and Hill LLP., Certified Public Accountants. (BP) Description of Agenda Item: Section 7.18 of the Town’s Charter, as well as Chapter 103 of the Texas Local Government Code, requires that an independent audit be conducted annually. Staff plans to submit an electronic Annual Comprehensive Financial Report to the Government Finance Officers Association in consideration for the Certificate of Achievement for Excellence in Financial Reporting. Traditionally, to accompany their opinion letter, the auditors compose a Government Auditing Standards letter, which would identify any deficiencies in internal control or material noncompliance with laws, regulations, grant agreements, or contracts. For the year ended September 30, 2021, our auditors have no deficiencies to report under Government Auditing Standards. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, LLP, reviewed the resolution as to form and legality. Attached Documents: 1. Annual Comprehensive Financial Report 2. Resolution Town Staff Recommendation: Town staff recommends that the Council approve the resolution accepting the Independent Audit Report and Annual Comprehensive Financial Report for the Fiscal Year Ended September 30, 2021. Prosper is a place where everyone matters. FINANCE Page 114 Item 13. Page 2 of 2 Proposed Motion: I move to approve the resolution accepting the Independent Audit Report and Annual Comprehensive Financial Report for the Fiscal Year Ended September 30, 2021. Page 115 Item 13. ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR FISCAL YEAR ENDED SEPTEMBER 30, 2021 Page 116 Item 13. Page 117 Item 13. Town of Prosper, Texas "Prosper is a place where everyone matters." ANNUAL COMPREHENSIVE FINANCIAL REPORT For the Fiscal Year Ended September 30, 2021 Prepared by the Town of Prosper, Texas Finance Department Betty Pamplin - Director of Finance Liz McDonald - Accounting Manager Town ManagerHarlan Jefferson Town Council Ray Smith, Mayor Meigs Miller, Mayor Pro-Tem Craig Andres, Deputy Mayor Pro-Tem Marcus E. Ray, Council Member Jeff Hodges, Council Member Amy Bartley, Council Member Charles Cotten, Council Member Page 118 Item 13. This Page Intentionally Left Blank Page 119 Item 13. TOWN OF PROSPER, TEXAS YEAR ENDED SEPTEMBER 30, 2021 TABLE OF CONTENTS Page Number INTRODUCTORY SECTION Letter of Transmittal ..................................................................................................... i – vi GFOA Certificate of Achievement .................................................................................... vii Organizational Chart ..................................................................................................... viii Principal City Officials .................................................................................................... ix-x FINANCIAL SECTION Independent Auditor’s Report ......................................................................................... 1 – 2 Management Discussion and Analysis .............................................................................. 3 – 10 Basic Financial Statements Government-Wide Financial Statements: Statement of Net Position ......................................................................................... 11 – 12 Statement of Activities ............................................................................................. 13 – 14 Fund Financial Statements: Governmental Funds Balance Sheet ...................................................................................................... 15 – 16 Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Position ................................................................. 17 Statement of Revenues, Expenditures, and Changes in Fund Balances .................................................................................. 18 – 19 Reconciliation of Revenues, Expenditures and Changes In Fund Balances – Governmental Funds to the Statement of Activities ....................................................................................... 20 Proprietary Funds Statement of Net Position ...................................................................................... 21 Statement of Revenues, Expenses, and Changes in Fund Net Position .............................................................................. 22 Statement of Cash Flows ....................................................................................... 23 Notes to the Financial Statements ................................................................................ 24 – 46 Page 120 Item 13. Required Supplementary Information Schedule of Revenues, Expenditures, and Changes in Fund Balance – General Fund – Budget and Actual ................................................... 47 Notes to Budgetary Information ................................................................................ 48 Schedule of Revenues, Expenditures, and Changes in Fund Balance – Impact Fee Funds – Budget and Actual ............................................. 49 Schedule of Changes in Net Pension Liability and Related Ratios .................................................................................... 50 – 51 Texas Municipal Retirement System – Schedule of Contributions ...................................................................................... 52 – 53 Combining Schedules Combining Balance Schedule – Nonmajor Governmental Funds ........................................ 54 – 55 Combining Schedule of Revenues, Expenditures, and Changes in Fund Balances – Nonmajor Governmental Funds ......................................... 56 – 57 Schedule of Revenues, Expenditures, and Changes in Fund Balance – Debt Service Fund – Budget and Actual ............................................ 58 Schedule of Revenues, Expenditures, and Changes in Fund Balance – Court Technology Fund – Budget and Actual ..................................... 59 Schedule of Revenues, Expenditures, and Changes in Fund Balance – Court Security Fund – Budget and Actual ......................................... 60 Schedule of Revenues, Expenditures, and Changes in Fund Balance – Parks Dedication Fund – Budget and Actual ...................................... 61 Schedule of Revenues, Expenditures, and Changes in Fund Balance – Parks Improvement Fund – Budget and Actual .................................. 62 Schedule of Revenues, Expenditures, and Changes in Fund Balance – Police Special Purpose District Fund – Budget and Actual.................... 63 Schedule of Revenues, Expenditures, and Changes in Fund Balance – Fire Special Purpose District Fund – Budget and Actual ...................... 64 Schedule of Revenues, Expenditures, and Changes in Fund Balance – TIRZ 1 Fund – Budget and Actual .................................................... 65 Schedule of Revenues, Expenditures, and Changes in Fund Balance – TIRZ 2 Fund – Budget and Actual .................................................... 66 Schedule of Revenues, Expenditures, and Changes in Fund Balance – Municipal Jury Fund – Budget and Actual .......................................... 67 Schedule of Revenues, Expenditures, and Changes in Fund Balance – CARES Act Fund – Budget and Actual ............................................... 68 Schedule of Revenues, Expenditures, and Changes in Fund Balance – Contributions Fund – Budget and Actual ........................................... 69 Combining Statement of Net Position – Internal Service Funds ........................................ 70 Combining Statement of Revenues, Expenses, and Changes in Net Position – Internal Service Funds ......................................................................... 71 Page 121 Item 13. Combining Statement of Cash Flows – Internal Service Funds ......................................... 72 Page Table Number STATISTICAL SECTION Government-Wide Information Net Changes by Components ......................................................................... 1 73 – 74 Changes in Net Position ................................................................................ 2 75 – 78 Fund Balances of Governmental Funds ............................................................ 3 79 – 80 Changes in Fund Balances of Governmental Funds ........................................... 4 81 – 82 General Governmental Tax Revenues by Source .............................................. 5 83 Assessed Value and Estimated Actual Value of Taxable Property ........................ 6 84 – 85 Property Tax Rates – Direct and Overlapping Governments ............................... 7 86 – 87 Property Tax Levies and Collections ................................................................ 8 88 Principal Property Taxpayers ......................................................................... 9 89 Ratios of Outstanding Debt by Type ............................................................... 10 90 – 91 Ratios of General Bonded Debt Outstanding .................................................... 11 92 Direct and Overlapping Governmental Activities Debt ....................................... 12 93 Tax Rate Information.................................................................................... 13 94 – 95 Demographic and Economic Statistics ............................................................. 14 96 Principal Employers ...................................................................................... 15 97 Operating Indicators by Function/Program ...................................................... 16 98 – 99 Full-Time Equivalent Town Government Employees by Function .............................................................................. 17 100 – 101 Page 122 Item 13. This Page Intentionally Left Blank Page 123 Item 13. INTRODUCTORY SECTION Page 124 Item 13. This Page Intentionally Left Blank Page 125 Item 13. PO Box 307 • 250 W. First Street • Prosper, Texas 75078 • 972.346.2640 • Fax: 972.346.9335 i March 25, 2022 To the Honorable Mayor, Members of Town Council, and Citizens of the Town of Prosper, Texas The Town’s management staff is pleased to submit the Annual Comprehensive Financial Report (“ACFR”) of the Town of Prosper (“Town”) for the fiscal year ending September 30, 2021. This report provides the Town Council, Town Staff, our citizens, our bondholders and other interested parties with detailed information concerning the financial condition and activities of the Town government. The Town’s management assumes responsibility for the accuracy of the data and the completeness and fairness of the presentation, including all disclosures. To the best of our knowledge and belief, the enclosed data is accurate in all material respects, and is organized in a manner designed to fairly present the financial position and results of operation of the Town as measured by the financial activity of its various funds. To enable the reader to gain an understanding of the Town’s financial activities, we believe that all necessary disclosures have been included. The Town is required to obtain an annual audit of the financial records and financial activities of the Town. Pattillo, Brown & Hill, L.L.P., a firm of licensed certified public accountants, have audited the Town’s financial statements. The goal of the independent audit is to provide reasonable assurance that the financial statements of the Town for the fiscal year ended September 30, 2021, are free of any material misstatement. The independent audit involved examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; assessing the accounting principles used and significant estimates made by management; and evaluating the overall financial statement presentation. The independent auditor concluded, based upon the audit, that there was reasonable basis for rendering an unmodified (“clean”) opinion that the Town’s financial statements for the fiscal year ended September 30, 2021, and are fairly presented in conformity with Generally Accepted Accounting Principles (“GAAP”). The independent auditor’s report is presented as the first component of the financial section of this report. Management’s Discussion and Analysis (MD&A) immediately follows the independent auditor’s report and provides a narrative introduction, overview, and analysis of the basic financial statements. MD&A complements this letter of transmittal and the two should be read in conjunction with each other. The Reporting Entity Profile The Town is a political subdivision and a home rule municipality under the laws of the state. A Home Rule Charter was approved by the voters of the Town at an election held November 7, 2006, and revised on May 14, 2011 and May 6, 2017. The Town operates as a Council-Manager form of government with the Town Council comprised of the Mayor and six Council members. The term of office is three years. The Town Manager is the chief executive officer of the Town. Services the Town provides include: public safety (police, fire protection, and dispatch), and municipal court, public streets, water/wastewater and storm drainage utilities, parks and recreation, library, public improvements, engineering, planning and zoning, building inspections and code compliance, economic development and general administrative services. Some services such as legal and solid waste/recycling are outsourced in full or in part to the private sector. Page 126 Item 13. ii The Town is located in North Central Texas, and covers approximately 27 square miles of the Dallas/Fort Worth Metroplex ("DFW"). Prosper includes areas in Collin and Denton Counties, with most of the Town's population residing in Collin County. The Town is located at the crossroads of Preston Road and US Highway 380, and is just five minutes north of the bustling Dallas North Tollway cities of Frisco and Plano. The Town is home to first-rate schools receiving top marks in recent grades from TEA and state championship sports teams, over 400 acres of open space and parks, and other amenities. Access to the DFW area, coupled with a commitment to maintain a high standard of living has created rapid growth for the Prosper community. The 2011 Census population for the Town was 10,550, and the 2022 estimate is 33,890. Source: Population estimates to date are from North Central Texas Council of Governments. Page 127 Item 13. iii History of Prosper Prosper began with the first settlers arriving in the area in 1846. Those who settled here were drawn to North Texas’ fertile black prairie soil perfect for thriving cotton crops in a time when cotton was "King.” Between 1850 and 1902, two settlements coexisted. One community, two miles south of the present town, was Rock Hill. The second community, one mile north, was Richland. The development of these small communities was expedited in 1876 when County Courts ordered small tracts of land to be established for quick sale. These tracts, approximately 160 acres in size, were sold for $3.50 per acre. Dr. A. T. Bryant of McKinney purchased one of the tracts, which later became the geographic nucleus for the Town of Prosper. The establishment of the St. Louis & San Francisco Railroad in March of 1902 created the change that forced the communities of Rock Hill and Richland to merge forming the Town of Prosper. For years, Prosper was the central stop for the railroad between Dallas and Sherman. When community officials applied for a Post Office with the name "Richland," they were informed that city name was already taken. Postmaster B.J. Naugle asked for an alternative name and J.C. Slaughter suggested the name Prosper. A new name was adopted for the hybrid community – one that spoke of the prosperous living conditions and the prosperous crops harvested that year. The Town of Prosper was incorporated in 1914 with a Commission form of government and a population of 500. U.N. Clary was Mayor and served in that position for 49 years. The introduction of the automobile sparked the evolution of people moving in and out of the rural community. Following the war and the depression, the mechanization of farming provided the next big impact on Prosper's population. Beginning in the 1980’s, Fortune 500 companies began relocating to the DFW area, spurring growth of the Metroplex, and a renewed interest in families wanting to live in Prosper. Prosper has managed to retain its small town appeal by carefully managing growth in accordance with a Comprehensive Land Use Plan, a Parks & Open Space Plan, and a Capital Improvements Plan. Unlike the cities of Dallas, Plano, and Frisco located to the south, Prosper is characterized by a variety of single-family neighborhoods consisting of estate- size lots and master planned neighborhoods. While residential growth remains strong, the Town is carefully evolving from a bedroom community of 33,000+ residents to a full service community offering retail, restaurant, office and health care services. In 2021, permits were issued for the opening of 112 new businesses. 771,809 square feet of new non- residential construction started in 2021, and approximately 1,554,086 square feet of shovel ready non-residential projects are approved for construction in 2022. The Economic Outlook The Town continues to experience new home permits at a record pace and benefits tremendously from its location. Prosper, while not immune from economic pressures, has thrived more than most DFW communities. New homes in 2021 averaged $563K. Page 128 Item 13. iv The Town has maintained significant growth. Certified property valuations increased by $836M (18.17%) for FY 2021- 2022, from $4,601M to $5,437M. A majority of current values come from Collin County properties, but the Denton County portion is experiencing new developments. This year the Town’s value in Denton County increased more than 31%. The economy influences the timing of population increases and the types of development that occur will affect the build-out of the Town. The Town Council adopted a new Comprehensive Plan in 2012 and annually reviews the Plan in response to changing market conditions. The last revision was in January 2022. Policymakers and Town staff use this document as a guide while reviewing development projects, the Town budget, prioritizing capital improvement projects, and drafting ordinances to direct growth that leads to the established vision. The Future Land Use Plan (below) graphically sets an overall framework for the preferred pattern of development within Prosper. Page 129 Item 13. v Accounting System and Budgetary Control Town management is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the Town are protected from loss, theft, or misuse. Management must also ensure that adequate accounting data is compiled to allow for the preparation of financial statements in conformity with GAAP. The internal control structure is designed to provide reasonable, but not absolute, assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived, and (2) the valuation of costs and benefits requires estimates and judgments by management. All internal control evaluations occur within the above framework. The Town’s accounting records for general governmental operations are maintained on a modified accrual basis, with revenues recognized when measurable and available, and expenditures recorded when the services or goods are received and the liabilities are incurred. Accounting records for the Town’s utilities and other proprietary activities are maintained on a full accrual basis. The objective of budgetary controls is to ensure compliance with legal provisions contained in the annual budget approved by the Town Council. The annual budget is developed and controlled at the department level in the General Fund and Utility Fund, and at the fund level in all other funds. This budgetary level serves as the foundation for the Town’s financial planning and control. Department Heads may transfer resources within a department with the Finance Director’s approval. The Town Council approves any amendments or additional funding requests for appropriations over that of the budgeted department level total, even though the Town Charter limits are at the fund level. These amendments shall be by ordinance and shall become an attachment to the original budget. The governmental funds that are annually appropriated are the General Fund, Impact Fee Fund, Debt Service Fund, Court Technology Fund, Court Security Fund, Parks Dedication Fund, Parks Improvement Fund, Police Special Purpose District Fund, Fire Special Purpose District Fund, TIRZ#1 Fund, TIRZ#2 Fund, Municipal Jury Fund, Contributions Fund, and the CARES Act as funding is made available to the Town. Page 130 Item 13. vi The accompanying ACFR incorporates all funds of the Town and includes all government activities, organizations and functions for which the Town is financially accountable. The criteria used in determining activities to be reported within the Town’s basic financial statements are based upon and consistent with those set forth by the Governmental Accounting Standards Board. On May 6, 1995, Town of Prosper voters approved the 4A Sales Tax proposition, which increased the sales and use tax by ½ of 1% for the promotion and development of new and expanded business enterprises. The 4A funds account for the local sales tax used to encourage additional private investment that will increase and diversify the tax base, create jobs, lower residential taxes, increase the number of retail, commercial and industrial companies locating to the Town and improve Prosper residents’ quality of life. The Economic Development Corporation is Town-chartered and governed by a seven-member Board of Directors appointed by the Town Council. The Town has included the financial statements for the Prosper Economic Development Corporation in its government-wide financial statements as a component unit. Component units are legally separate organizations that a primary government must include as part of its financial entity. Awards The Government Finance Officers Association of the United States and Canada (GFOA) awarded a Certificate of Achievement for Excellence in Financial Reporting to the Town of Prosper, Texas, for its Annual Comprehensive Financial Report for fiscal year ended September 30, 2020. The Town has received a Certificate of Achievement for the last eleven consecutive years. In order to be awarded a Certificate of Achievement, a government unit must publish an easily readable and efficiently organized Annual Comprehensive Financial Report. This report must satisfy both generally accepted accounting principles and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only. We believe the current report continues to conform to the Certificate of Achievement program requirements and we are submitting it to GFOA for consideration. The Town also received the Popular Annual Financial Report (PAFR) award from GFOA for the fiscal year ended September 30, 2020. The Town has been granted this award for the three previous fiscal years. This report is designed to provide a user friendly and easily understood report to the public and other interested parties that lack a background in public finance. Acknowledgements The preparation of this report could not be accomplished without the efficient and dedicated services of the Finance Department staff. I would like to express my appreciation to all employees who contributed to its presentation. Acknowledgement is also given to the representatives of Pattillo, Brown, and Hill, L.L.P. for their assistance in this year’s report with special thanks to John Manning, Audit Partner, and Kent Willis, Audit Manager for this engagement. I would also like to thank the members of the Town Council for their interest and support in planning and conducting the financial operations of the Town in a responsible and progressive manner. Respectfully submitted, Harlan Jefferson Betty Pamplin Town Manager Finance Director Page 131 Item 13. vii Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting Presented to Town of Prosper Texas For its Annual Comprehensive Financial Report for the Fiscal Year Ended September 30, 2020 Page 132 Item 13. Organizational ChartviiiPage 133Item 13. ix TOWN OF PROSPER, TEXAS LIST OF PRINCIPAL OFFICIALS FISCAL YEAR ENDED SEPTEMBER 30, 2021 TOWN COUNCIL MAYOR RAY SMITH COUNCIL MEMBER PLACE 1 MARCUS E. RAY COUNCIL MEMBER PLACE 2, DEPUTY MAYOR PRO-TEM CRAIG ANDRES COUNCIL MEMBER PLACE 3, AMY BARTLEY COUNCIL MEMBER PLACE 4, MAYOR PRO-TEM _____________MEIGS MILLER COUNCIL MEMBER PLACE 5 JEFF HODGES COUNCIL MEMBER PLACE 6 _________________________CHARLES COTTEN Page 134 Item 13. x TOWN OF PROSPER, TEXAS LIST OF PRINCIPAL OFFICIALS FISCAL YEAR ENDED SEPTEMBER 30, 2021 APPOINTED OFFICIALS TOWN MANAGER HARLAN JEFFERSON TOWN SECRETARY MICHELLE L EWIS SIRIANNI EXECUTIVE DIRECTOR OF ADMINISTRATIVE SERVICES VACANT EXECUTIVE DIRECTOR OF COMMUNITY SERVICES ROBYN BATTLE EXECUTIVE DIRECTOR OF DEVELOPMENT AND INFRASTRUCTURE SERVICES REBECCA ZOOK FIRE CHIEF STUART B LASINGAME POLICE CHIEF DOUG KOWALSKI DIRECTOR OF DEVELOPMENT SERVICES KHARA DODDS DIRECTOR OF ENGINEERING HULON WEBB DIRECTOR OF FINANCE BETTY PAMPLIN DIRECTOR OF HUMAN RESOURCES JAMES EDWARDS DIRECTOR OF INFORMATION TECHNOLOGY LEIGH JOHNSON DIRECTOR OF LIBRARY SERVICES LESLIE SCOTT DIRECTOR OF PARKS AND RECREATION DAN BAKER DIRECTOR OF PUBLIC WORKS FRANK JAROMIN Page 135 Item 13. FINANCIAL SECTION Page 136 Item 13. This Page Intentionally Left Blank Page 137 Item 13. INDEPENDENT AUDITOR’S REPORT Honorable Mayor and Members of the Town Council Town of Prosper, Texas Report on the Financial Statements We have audited the accompanying financial statements of the governmental activities, the business- type activities, the discretely presented component unit, each major fund, and the aggregate remaining fund information of Town of Prosper, Texas, as of and for the year ended September 30, 2021, and the related notes to the financial statements, which collectively comprise the Town of Prosper, Texas’ basic financial statements as listed in the table of contents. Management’s Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor’s Responsibility Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor’s judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity’s preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Opinions In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, the discretely presented component unit, each major fund, and the aggregate remaining fund information of the Town of Prosper, Texas, as of September 30, 2021, and the respective changes in financial position, and, where applicable, cash flows thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America. 1 Page 138 Item 13. 2 Other Matters Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management’s discussion and analysis and required supplementary information, as listed in the table of contents, be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Other Information Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the Town of Prosper, Texas’ basic financial statements. The introductory section, combining and individual nonmajor fund financial statements and schedules, and statistical section, are presented for purposes of additional analysis and are not a required part of the basic financial statements. The combining and individual nonmajor fund financial statements and schedules are the responsibility of management and were derived from and relate directly to the underlying accounting and other records used to prepare the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the combining and individual nonmajor fund financial statements and schedules are fairly stated, in all material respects, in relation to the basic financial statements as a whole. The introductory and statistical sections have not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we do not express an opinion or provide any assurance on them. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated March 25, 2022, on our consideration of the Town of Prosper, Texas’ internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the Town of Prosper, Texas’ internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Town of Prosper, Texas’ internal control over financial reporting and compliance. Waco, Texas March 25, 2022 Page 139 Item 13. MANAGEMENT’S DISCUSSION AND ANALYSIS Page 140 Item 13. This Page Intentionally Left Blank Page 141 Item 13. 3 MANAGEMENT’S DISCUSSION AND ANALYSIS As management of the Town of Prosper, Texas (the Town), we offer readers of the Town’s financial statements this narrative overview and analysis of the financial activities of the Town for the fiscal year ended September 30, 2021. FINANCIAL HIGHLIGHTS • The assets and deferred outflows of the Town of Prosper, on a government-wide basis, exceeded its liabilities and deferred inflows as of September 30, 2021 by $423,221,463 (net position). Of this amount, $58,417,163 (unrestricted net position) may be used to meet the Town’s ongoing obligations to citizens and creditors. • The Town’s total net position increased by $86,894,548. Most of the increase is due to property taxes, sales taxes, increases in capital assets and water and sewer charges for services. • As of the close of the current fiscal year, the Town of Prosper’s governmental funds reported combined ending fund balances of $95,056,559 (made up of $20,242,707 in General Fund, $10,678,812 in Impact Fee Fund, $2,640,088 in Debt Service Fund, $55,411,735 in Capital Projects Fund, $3,145 in the ARPA Fund, and $6,080,072 in other governmental funds), an increase of $48,014,974 in comparison with the prior year. • At the end of the current fiscal year, unassigned fund balance for the general fund was $10,229,128 or 33% of total current fiscal year General Fund expenditures and is available for spending at the Town’s discretion. OVERVIEW OF THE FINANCIAL STATEMENTS This discussion and analysis is intended to serve as an introduction to the Town of Prosper’s basic financial statements. The Town’s basic financial statements comprise three components: 1) government-wide financial statements, 2) fund financial statements, and 3) notes to the financial statements. This report also contains other supplementary information in addition to the basic financial statements themselves. Government-wide financial statements – The government-wide financial statements are designed to provide readers with a broad overview of the Town’s finances, in a manner similar to a private-sector business. The Statement of Net Position presents information on all of the Town’s assets and liabilities, with the difference between the two reported as net position. Over time, increases and decreases in net position may serve as a useful indicator of whether the financial position of the Town is improving or deteriorating. The Statement of Activities presents information showing how the Town’s net position changed during the most recent fiscal year. All changes in net position are reported as soon as the underlying event giving rise to the change occurs, regardless of the time of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods (e.g., uncollected taxes and earned but unused vacation leave). Both of the government-wide financial statements distinguish functions of the Town that are principally supported by taxes and intergovernmental revenues (governmental activities) from other functions that are intended to recover all or a significant portion of their costs through user fees and charges (business-type activities). The governmental activities of the Town include general government, public safety, public works, recreation, and transportation. The business-type activities of the Town include the water and sewer system, as well as sanitation collection and disposal, and storm drainage. The government-wide financial statements include not only the Town of Prosper itself (known as the primary government), but also a legally separate economic development corporation. Financial information for this component unit is reported discretely in the government-wide financial statements. Fund financial statements – A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The Town of Prosper, like other state and local governments, uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements. The funds of the Town of Prosper can be divided into two categories: governmental funds and proprietary funds. Page 142 Item 13. 4 Governmental funds – Governmental funds are used to account for essentially the same functions reported as governmental activities in the government-wide financial statements. However, unlike the government-wide financial statements, governmental fund financial statements focus on near-term inflows and outflows of spendable resources, as well as on balances of spendable resources available at the end of the fiscal year. Such information may be useful in evaluating the government’s near-term financing requirements. Because the focus of governmental funds is narrower than that of the government-wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government-wide financial statements. By doing so, readers may better understand the long-term impact of the Town’s near-term financing decisions. Both the governmental fund balance sheet and the government fund statement of revenues, expenditures, and changes in fund balances provide a reconciliation to facilitate this comparison between governmental funds and governmental activities. The Town of Prosper maintains thirteen individual governmental funds. Information is presented separately in the governmental fund balance sheet and in the governmental fund statement of revenues, expenditures, and changes in fund balances for the General Fund, Impact Fee Fund, Debt Service Fund, Capital Projects Fund, and Escrow Fund, all of which are considered to be major funds. Data from the other eleven governmental funds are combined into a single, aggregated presentation. Individual fund data for each of these non-major governmental funds is provided in the form of combining statements and certain budgetary schedules in this report. The basic governmental fund financial statements can be found immediately following this management’s discussion and analysis. The Town adopts an annual appropriated budget for its General Fund, Debt Service Fund, and Impact Fee Fund and several of the non-major governmental funds. Budgetary comparison schedules have been provided for these funds to demonstrate compliance with the budgets. Proprietary funds – The town maintains two types of proprietary funds. Enterprise funds are used to report the same functions presented as business-type activities in the government-wide financial statements. The Town uses enterprise funds to account for its water, sewer, sanitation, and storm drainage activities. Proprietary funds provide the same type of information as the government-wide financial statements, only in more detail. The Internal Service Fund is used to accumulate and allocate costs internally among the Town’s various functions. The Town uses its Internal Service Fund to account for its vehicle and equipment replacement program and employee health insurance program. Because these services predominately benefit the governmental rather than the business-type functions, they have been included within governmental activities in the government- wide financial statements. Notes to the financial statements – The notes provide additional information that is essential to a full understanding of the data provided in the government-wide and fund financial statements. Other information – In addition to the basic financial statements and the accompanying notes, this report also presents certain required supplementary information concerning the Town’s progress in funding pension benefits to its employees and the budgetary schedule of the General and Impact funds. The combining statements referred to earlier in connection to the non-major governmental funds are presented immediately following the required supplementary information on pensions. GOVERNMENT-WIDE FINANCIAL ANALYSIS As noted earlier, net position may serve over time as a useful indicator of a government’s financial position. In the case of the Town, assets and deferred outflows exceeded liabilities and deferred inflows by $423,221,463 at the close of the most recent fiscal year. A portion of the Town’s net position (85%) reflects its investment in capital assets (e.g., land, buildings, machinery, and equipment), less any related debt used to acquire those assets that are still outstanding. The Town of Prosper uses these capital assets to provide services to citizens; consequently, these assets are not available for future spending. Although the Town’s investment in its capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other sources, since the capital assets themselves cannot be used to liquidate these liabilities. An additional portion of the Town’s net position (1%) represents resources that are subject to external restrictions on how they may be used. The remaining balance of unrestricted net position (14%) may be used to meet the Town’s ongoing obligations to citizens and creditors. Page 143 Item 13. 5 At the end of the current fiscal year, the Town is able to report position balances in all categories of net position, both for the Town as a whole, as well as for its separate governmental and business-type activities. 2021 2020 2021 2020 2021 2020 Current and other assets 34,335,054$ 21,977,517$ 16,181,013$ 12,381,543$ 50,516,067$ 34,359,060$ Restricted assets 80,113,008 42,192,966 15,936,688 16,419,136 96,049,696 58,612,102 Capital assets 293,691,527 240,636,596 181,105,524 158,423,240 474,797,051 399,059,836 Total assets 408,139,589 304,807,079 213,223,225 187,223,919 621,362,814 492,030,998 Deferred outflows of resources 3,640,933 3,313,482 624,067 584,805 4,265,000 3,898,287 Total outflows of resources 3,640,933 3,313,482 624,067 584,805 4,265,000 3,898,287 Long-term liabilities 137,803,717 96,106,768 35,156,697 37,880,491 172,960,414 133,987,259 Other liabilities 22,134,188 17,610,593 6,620,754 7,256,492 28,754,942 24,867,085 Total liabilities 159,937,905 113,717,361 41,777,451 45,136,983 201,715,356 158,854,344 Deferred inflows of resources - pensions 597,875 640,167 93,120 107,859 690,995 748,026 Total inflows of resources 597,875 640,167 93,120 107,859 690,995 748,026 Net position: Net investment in capital assets 211,505,986 169,773,535 147,067,244 127,806,218 358,573,230 297,579,753 Restricted 6,231,070 5,534,425 - - 6,231,070 5,534,425 Unrestricted 33,507,686 18,455,073 24,909,477 14,757,664 58,417,163 33,212,737 Total net position 251,244,742$ 193,763,033$ 171,976,721$ 142,563,882$ 423,221,463$ 336,326,915$ Government-Wide Town of Prosper's Net Position Activities Activities Total Governmental Business-Type 2021 2020 2021 2020 2021 2020 Revenues: Program revenues: Charges for services 19,857,321$ 14,390,092$ 26,666,603$ 24,225,257$ 46,523,924$ 38,615,349$ Operating grants & contributions 2,487,927 1,252,583 7,733 - 2,495,660 1,252,583 Capital grants & contributions 39,617,715 16,677,357 31,012,339 19,030,854 70,630,054 35,708,211 General revenues: Property taxes 26,864,570 24,478,723 - - 26,864,570 24,478,723 Other taxes 15,918,418 12,153,419 - - 15,918,418 12,153,419 Other income 456,245 984,539 560,050 641,600 1,016,295 1,626,139 Total revenues 105,202,196 69,936,713 58,246,725 43,897,711 163,448,921 113,834,424 Expenses: Administration 8,616,814 10,490,476 - - 8,616,814 10,490,476 Police 7,197,976 6,059,769 - - 7,197,976 6,059,769 Fire 9,770,846 8,770,467 - - 9,770,846 8,770,467 Development Services 3,621,626 2,413,332 - - 3,621,626 2,413,332 Public Works 9,924,184 6,906,535 - - 9,924,184 6,906,535 Community Services 5,852,407 5,297,319 - - 5,852,407 5,297,319 Engineering 1,899,366 1,545,471 - - 1,899,366 1,545,471 Interest on long-term debt 3,690,827 3,088,624 - - 3,690,827 3,088,624 Utility - - 27,480,327 24,772,001 27,480,327 24,772,001 Total expenses 50,574,046 44,571,993 27,480,327 24,772,001 78,054,373 69,343,994 Revenues in Excess of Expenses 54,628,150 25,364,720 30,766,398 19,125,710 85,394,548 44,490,430 Transfers 892,063 936,235 892,063)( 936,235)( - - Special item 1,500,000 - - - 1,500,000 - Change in net position 57,020,213 26,300,955 29,874,335 18,189,475 86,894,548 44,490,430 Net position - beginning of year 193,763,033 167,510,282 142,563,882 124,374,407 336,326,915 291,884,689 Prior period adjustment 461,496 48,204)( 461,496)( - - 48,204)( Net position - end of year 251,244,742$ 193,763,033$ 171,976,721$ 142,563,882$ 423,221,463$ 336,326,915$ Government-Wide Town of Prosper's Changes in Net Position Activities Activities Total Business-TypeGovernmental Page 144 Item 13. 6 The following key elements influenced the changes in net position from the prior year: Revenues for FY 2020-2021 increased by $49,614,497, or 44% in comparison to the prior year. The increase is primarily due to increases in sales taxes, property taxes, charges for services, and capital grants and contributions. Property taxes and sales taxes increased $6,150,846 from prior year due to increased assessed value and growth in the Town. Capital grants and contributions increased by $22,940,358 due to additional capital contributions by developers. Water and sewer charges for services increased $2,441,346 over the prior year due to the growth within the Town, due to increased usage of services and an increase in commercial base water rates to bring them more in line with the residential rates. Governmental Activities Governmental activities increased the Town’s net position by $57,020,213. The following factors contributed to this change: • Property and sales taxes increased by $6,150,846 (17%) primarily due to increases in the Town’s property tax base and economic development within the Town. • Capital grants and contributions increased by $22,940,358 (138%) primarily due to continued Town growth and increased developer contributions. • Total governmental activity expenses increased by $6,002,053 (13%) during the year primarily due to the overall growth that the Town has experienced. The largest functional areas affected by this growth were Police ($1,138,207), Fire ($1,000,379), Development Services ($1,208,294) and Public Works ($3,017,649). Business-Type Activities Business-type activities increased the Town’s net position by $29,874,335. The following factors contributed to this change: • Operating revenue increased by $14,439,014 (33%) from the previous year due to an increase in water and sewer charges for service and increases in usage. • Operating expenses increased by $2,708,326 (11%) from the previous year due to an increase in contractual services mainly due to increases in usage. FINANCIAL ANALYSIS OF THE TOWN’S FUNDS As noted earlier, the Town uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements. Governmental funds – The focus of the Town’s governmental funds is to provide information on near-term inflows, outflows, and balances of spendable resources. Such information is useful in assessing the Town’s financing requirements. In particular, unassigned fund balance may serve as a useful measure of a government’s net resources available at the end of the fiscal year. At the end of the current fiscal year, the Town’s governmental funds reported combined ending fund balances of $95,056,559, an increase of $47,553,478 from the prior year. Most of the increase is due to continued growth and the Town’s 2021 debt issuance in the amount of $43 million. Of the current combined ending fund balance, $41,495 is nonspendable due to prepaids, $74,813,852 is restricted for debt service, capital projects, police, fire, grants, parks, courts, and other, $6,127,144 is committed for contingency in accordance with the Town charter, $3,844,940 was assigned for next year’s budget, and $10,229,128 is unassigned. The General Fund is the chief operating fund of the Town. At the end of the current fiscal year, unassigned fund balance of the General Fund was $10,229,128. Total unassigned fund balance represents 33% of total General Fund expenditures. The increase in fund balance of $6,319,475 is primarily due to growth in commercial and residential building permits and sales tax receipts. The Impact Fee Fund has a total fund balance of $10,678,812; which is restricted for capital projects. The increase in fund balance of $5,586,360 is due to collection of impact fees related to development in Town. Page 145 Item 13. 7 The Debt Service Fund has a total fund balance of $2,640,088; all of which is restricted for payment of debt service. The increase in fund balance of $20,721 is primarily due to an increase in property tax collections throughout the year. The Capital Projects Fund has a total fund balance of $55,411,735; all of which is restricted for construction. The increase in fund balance of $34,065,640 is due to the Town’s 2021 debt issuance. Proprietary funds – The Town’s proprietary funds provide the same type of information found in the government-wide financial statements, but in more detail. Unrestricted net position of the Water and Sewer Fund at the end of the year amounted to $24,134,377. The increase in total net position of the Water and Sewer Fund was $20,821,304. Unrestricted net position for the Stormwater Drainage Utility Fund at the end of the year amounted to $775,100. The increase in total net position of the Stormwater Drainage Utility Fund was $9,053,031. The factors concerning the finances of these funds have already been addressed in the discussion of the Town’s business-type activities. GENERAL FUND BUDGETARY HIGHLIGHTS Original budget compared to final budget – During the year amendments to increase original revenue resulted from unanticipated grants. License and Permit revenue was increased due to expected strong building activity. Other budget amendments include increased budgeted expenditures in the Administration, Police, Fire, and Development Services functions. Expenditures increased for the mid-year hiring of personnel and capital projects which were delayed during the previous fiscal year due to the Coronavirus pandemic. Final budget compared to actual results – During the year, revenues were $4,473,839 more than estimated and expenditures were $4,006,623 less than budgeted. The majority of the excess revenues arose from license and permit, sales taxes, and charges for services. The majority of expenditure savings was in Police, Fire, Development Services, and Public Works. In Police and Fire there was additional sales tax revenue collected in the two Special Purpose Districts and as these funds are dedicated to public safety salaries, at the end of the year General Fund salaries were reallocated to these funds in order to maintain minimal fund balance. Development Services and Public Works had salary savings for vacant positions. CAPITAL ASSETS AND DEBT ADMINISTRATION Capital assets – The Town’s investment in capital assets for its governmental and business-type activities as of September 30, 2021 is $474,797,051 (net of accumulated depreciation). This investment in capital assets includes land, buildings and infrastructure, and equipment. Major capital asset events during the current fiscal year included the following: • Capital asset acquisitions in governmental activities totaled $62,374,423. The majority of this activity was funded from bond proceeds and was for streets, parks, and related infrastructure. • Capital asset additions in business-type activities totaled $27,650,909. The majority of this activity was funded from bond proceeds and was for new water and sewer projects. 2021 2020 2021 2020 2021 2020 Government-wide capital assets: Non-depreciable assets 78,822,725$ 58,740,622$ 28,293,859$ 23,185,712$ 107,116,584$ 81,926,334$ Depreciable assets 274,363,096 232,815,078 182,110,227 159,720,461 456,473,323 392,535,539 Total capital assets 353,185,821 291,555,700 210,404,086 182,906,173 563,589,907 474,461,873 Less: accumulated depreciation 59,494,294)( 50,919,104)( 29,298,562)( 24,482,933)( 88,792,856)( 75,402,037)( Government-wide capital assets, net 293,691,527$ 240,636,596$ 181,105,524$ 158,423,240$ 474,797,051$ 399,059,836$ Activities Activities Total Governmental Business-Type Additional information on the Town’s capital assets can be found in the capital asset (Note VI) of the notes to the financial statements. Long-term liabilities – At the end of the current fiscal year, the Town had long-term liabilities outstanding of $182,223,156. The Town’s debt is backed by the full faith and credit of the Town. The Town’s bond ratings are AA+ as assigned by Standard & Poor’s and Aa1 as assigned by Moody’s. Page 146 Item 13. 8 Total long-term liabilities consisted of the following: 2021 2020 2021 2020 2021 2020 Government-wide long-term liabilities: Certificates of obligation and general obligation bonds 127,636,046$ 88,801,423$ 34,808,225$ 37,478,576$ 162,444,271$ 126,279,999$ Bonds premium on issuance 11,587,592 7,425,775 2,281,127 2,281,127 13,868,719 9,706,902 Compensated absences payable 2,000,996 1,766,093 233,006 211,752 2,234,002 1,977,845 Net pension liability 3,180,755 2,830,377 495,409 440,838 3,676,164 3,271,215 Total government-wide long-term liabilities 144,405,389$ 100,823,668$ 37,817,767$ 40,412,293$ 182,223,156$ 141,235,961$ Activities Activities Total Governmental Business-Type Additional information on the Town’s long-term liabilities can be found in the long-term liabilities (Note VIII) in the notes to the financial statements. ECONOMIC FACTORS AND FY 2020-2021 BUDGETS AND RATES The Town continues to thrive, with residential and commercial development occurring at the highest levels the Town has ever seen. The resulting increase in property values reflects the commitment of the Council and the efforts of the Prosper Economic Development Corporation (PEDC) to attract quality development. The FY 2021- 2022 Adopted Budget addresses the need for increased service levels due to growth. The budget provides essential capital investments in infrastructure and other public improvements, as well as additional public safety resources. Revenue Projection Highlights Despite the Town’s current and future growth potential and general optimism, the budget was prepared with quantifiable revenue assumptions in mind. • The Town has 19 active residential subdivision phases with a total of 1,521 lots that are either shovel ready, under construction, or have plans under review. • The FY 2021-2022 Adopted Ad Valorem Property Tax Rate is set at $0.51 per one hundred dollars taxable valuation. The adopted tax rate is a decrease of $0.01 from the FY 2020-2021 tax rate which had remained the same for fourteen straight years. Certified property valuations increased by $836M (18.17%) for FY 2021-2022. Property values increased from $4,601M to $5,437M. Most of the Town’s current values come from Collin County properties, but we are experiencing large growth in Denton County. The average single-family home value is approximately $581,940 in Collin County and $491,741 in Denton County. This is an increase of $36,616 or 6.71% in Collin County and $37,785 or 8.32% in Denton County from the previous year. • Commercial development in the following areas brought more ad valorem tax to the Town: Gates of Prosper, Windsong Ranch Marketplace, Shops at Prosper Trail, and the Shops at Three-Eighty. • Sales tax revenue for FY 2021-2022 was conservatively budgeted at $17,144,909. FY 2020-2021 year- end sales tax receipts fared better than originally predicted during the pandemic, for a total actual collected amount of $17,700,795. Current year to date estimates project sales tax will exceed the amount collected in FY 2020-2021. Growth in new businesses and a general increase in existing retail sales are expected in FY 2021-2022, just as it was in FY 2020-2021. • In May 2018, the citizens of the Town of Prosper voted to abolish the 0.50% sales and use tax revenue for property tax relief and replaced it with the creation of two Public Safety Special Purpose Districts. The Crime Control and Prevention District and the Fire Control, Prevention and Emergency Medical Services District each collect 0.25% of sales and use tax to provide a minimum level of dedicated funding. Each district is reported as a special revenue fund and sales and use tax is the only source of revenue in these funds. • Licenses, Fees and Permit Revenues are projected at $5,068,480. The FY 2021-2022 Budget reflects new residential and non-residential construction, and it is assumed the Town will issue at least 650 new residential permits in the coming year. • Licenses and Franchise Fees are projected to rise with population. Municipal Court fines are projected to remain steady in FY 2021-2022. Page 147 Item 13. 9 • Revenues for the Water, Sewer, and Solid Waste Fund are expected to increase to $30,454,854 (an increase of 24.28%). This increase is due to a one-time reimbursement from TXDOT in the amount of $3.8M for a relocation project. The Town of Prosper along with other surrounding municipalities’ purchases treated surface water from the NTMWD. The FY 2021-2022 proposed budget reflects increased water consumption due to growth and customer demand. Rates from NTMWD will remain the same at $3.04 per 1,000 gallons for FY 2021-2022. • The Town will be coming up on its third annual renewal for solid waste collection and recycling services with Community Waste Disposal (CWD) in February 2022. Staff will be reviewing the annual rate adjustment as outlined in the franchise agreement with CWD as it relates to CPI, fuel, and disposal rate adjustments. The Storm Drainage rates will remain the same. The last increase in Storm Drainage rates was implemented in FY 2017-2018’s budget. Appropriated Budget Highlights The adopted budget addressed increased service levels in response to continued growth, provided required or money-saving capital investments in infrastructure, included other public improvements, as well as additional public safety resources. The Town has continued to thrive despite current national economic conditions. Compensation and Benefits  A market comparison study was conducted in FY 2020-21 and market adjustments were included in the budget.  Sworn Fire and Police personnel are on a step plan which reflects a 3% increase in the program.  Civilian pay is based on a merit program with an average increase of 3%.  The Town’s TMRS 2022 contribution rate increased from 13.74% to 14.25% with the funded ratio increasing from 85.5% in the previous year to 86.1%.  This is the fifth year of the Town being self-funded for health benefits.  The Town continues to offer both PPO and high deductible health care plans. Approved total of 34.5 full time employees to be added to the Town’s workforce with fourteen in public safety, three full time and three part-time in administration, five full time and one part-time in development and engineering services, five full time in public works, five full time in parks and one part-time in library. Program enhancements and capital expenditures included in the adopted appropriations and planned for FY 2021-2022 are as follows: Police Operations & Dispatch Four Police Officers and one Detective are approved to be added in fiscal year 2021-2022. Covered parking for the newly constructed Public Safety facility opened in the fall of 2020 is also included in the fiscal year 2021- 2022 budget. Fire, EMS & Fire Marshall Six Firefighter/Paramedics are added in fiscal year 2021-2022 to replace fifteen current part-time positions. Three additional Firefighter/Paramedics are also added in fiscal year 2021-2022. Additional funding for medical equipment replacements and air cylinder and self-contained breathing apparatus replacements are also included in the Fire Department budget. Development Services Two Building Inspectors are added in fiscal year 2021-2022. Administrative Services A Grants Administrator has been added in fiscal year 2021-2022. Funding has been included for a redesign of the Town website. Water/Wastewater The budget included funding four full time staff for the Water and Wastewater fund. The major program enhancements and capital item expenses budgeted in FY 2021-2022 include a facility needs assessment, lift station odor control, and increased costs associated with the purchase of water and management of wastewater for growth. Page 148 Item 13. 10 The following items have also been incorporated into the FY 2021-2022 Adopted Budget: • Continued partnerships with local entities have produced multiple saving opportunities for shared services or improving our customer service to residents and visitors alike. Interlocal agreements with PISD to access their fueling facility and parking access to the new Prosper ISD stadium. The Town renewed its agreements, along with several area cities, with Collin County for animal control and sheltering service. The Town continues an interlocal agreement with the City of Frisco for Police and Fire Departments to access their radio system. The Town participates in a three-way interlocal agreement for landscape service for 380 medians with the City of McKinney, and the City of Frisco and a three-way interlocal agreement for Frontier Parkway BNSF overpass with Collin County and the City of Celina. • The adopted budget accomplishes Council goals to expand services and competitively compensate staff while reducing the tax rate. The budget also included a future five-year financial plan to help manage the decisions made for the next fiscal years and the impact it has on future fiscal responsibilities. The Town’s budget addresses the current and future growth and infrastructure expansion demands while recognizing the needs of its residents. These factors were considered in preparing the Town of Prosper’s budget for FY 2021-2022. REQUESTS FOR INFORMATION This financial report is designed to provide a general overview of the Town’s finances for all those with an interest in the Town’s finances. Questions concerning any of the information provided in this report or requests for additional financial information should be addressed to the Office of the Town Manager, P.O. Box 307, Prosper, Texas 75078. Page 149 Item 13. BASIC FINANCIAL STATEMENTS Page 150 Item 13. Component Unit Governmental Business-Type Prosper Activities Activities Total EDC ASSETS Cash and cash equivalents 11,075,876$ 4,822,553$ 15,898,429$ 8,935,531$ Investments 17,185,784 6,878,430 24,064,214 500,440 Taxes receivable, net 3,017,880 - 3,017,880 795,938 Receivables, net 2,899,431 3,550,965 6,450,396 - Accrued interest 57,776 28,333 86,109 1,240 Inventory 56,812 900,466 957,278 - Prepaids 41,495 266 41,761 - Restricted assets: Restricted cash 29,989,875 6,807,336 36,797,211 - Restricted investments 50,123,133 9,129,352 59,252,485 - Capital assets not being depreciated: Land 30,775,990 1,883,521 32,659,511 2,573,668 Construction in progress 48,046,735 26,410,338 74,457,073 - Capital assets net of accumulated depreciation: Buildings and improvements 60,620,180 109,200 60,729,380 - Equipment 11,015,204 1,128,971 12,144,175 - Intangible assets - 14,173,375 14,173,375 - Infrastructure 143,233,418 137,400,119 280,633,537 - Total Assets 408,139,589 213,223,225 621,362,814 12,806,817 DEFERRED OUTFLOWS OF RESOURCES Deferred charge on refunding 758,260 175,085 933,345 - Deferred outflows of resources related to pensions 2,882,673 448,982 3,331,655 69,728 Total Deferred Outflows of Resources 3,640,933 624,067 4,265,000 69,728 TOWN OF PROSPER, TEXAS STATEMENT OF NET POSITION SEPTEMBER 30, 2021 Primary Government The accompanying notes are an integral part of these financial statements.11 Page 151 Item 13. Component Unit Governmental Business-Type Prosper Activities Activities Total EDC LIABILITIES Accounts payable 6,324,899$ 3,012,205$ 9,337,104$ 32,234$ Retainage payable 493,592 509,632 1,003,224 - Accrued interest payable 1,057,460 317,847 1,375,307 - Unearned revenue 3,045,165 - 3,045,165 - Customer deposits and escrow payable 4,611,400 120,000 4,731,400 - Noncurrent liabilities: Due within one year Long-term debt 6,601,672 2,661,070 9,262,742 10,014 Due in more than one year Long-term debt 134,622,962 34,661,288 169,284,250 30,041 Net pension liability 3,180,755 495,409 3,676,164 76,939 Total Liabilities 159,937,905 41,777,451 201,715,356 149,228 DEFERRED INFLOWS OF RESOURCES Deferred inflows of resources related to pensions 597,875 93,120 690,995 14,462 Total Deferred Inflows of Resources 597,875 93,120 690,995 14,462 NET POSITION Net investment in capital assets 211,505,986 147,067,244 358,573,230 2,573,668 Restricted for: Debt service 1,643,520 - 1,643,520 - Courts 47,081 - 47,081 - Fire 426,938 - 426,938 - Police 601,805 - 601,805 - Grants 3,145 - 3,145 - Parks 2,894,711 - 2,894,711 - Other 613,870 - 613,870 - Economic development - - - 10,139,187 Unrestricted 33,507,686 24,909,477 58,417,163 - Total Net Position 251,244,742$ 171,976,721$ 423,221,463$ 12,712,855$ Primary Government TOWN OF PROSPER, TEXAS STATEMENT OF NET POSITION SEPTEMBER 30, 2021 The accompanying notes are an integral part of these financial statements.12 Page 152 Item 13. Operating Capital Charges for Grants and Grants and Functions/Programs Expenses Services Contributions Contributions Primary government: Governmental activities: Administration 8,616,814$ 2,012,896$ 1,801,738$ -$ Police 7,197,976 70,063 111,904 - Fire 9,770,846 1,290,782 564,265 - Development Services 3,621,626 6,818,530 - - Public Works 9,924,184 9,252,085 - 39,157,187 Community Services 5,852,407 412,965 10,020 460,528 Engineering 1,899,366 - - - Interest and fiscal charges 3,690,827 - - - Total governmental activities 50,574,046 19,857,321 2,487,927 39,617,715 Business-type activities: Water and sewer 25,838,787 25,920,592 7,733 21,163,395 Storm drainage 1,641,540 746,011 - 9,848,944 Total business-type activities 27,480,327 26,666,603 7,733 31,012,339 Total Primary Government 78,054,373$ 46,523,924$ 2,495,660$ 70,630,054$ Component unit: Prosper Economic Development 1,262,846$ -$ -$ -$ General Revenues: Property taxes Sales and use taxes Franchise taxes Unrestricted investment earnings Miscellaneous revenue Transfers Total general revenues and transfers Special item Change in Net Position Net Position - Beginning Prior Period Adjustment Net Position - Ending TOWN OF PROSPER, TEXAS Program Revenues FOR THE YEAR ENDED SEPTEMBER 30, 2021 STATEMENT OF ACTIVITES The accompanying notes are an integral part of these financial statements.13 Page 153 Item 13. Component Unit Prosper Governmental Business-Type Economic Activities Activities Total Development 4,802,180)$( -$ 4,802,180)$( -$ 7,016,009)( - 7,016,009)( - 7,915,799)( - 7,915,799)( - 3,196,904 - 3,196,904 - 38,485,088 - 38,485,088 - 4,968,894)( - 4,968,894)( - 1,899,366)( - 1,899,366)( - 3,690,827)( - 3,690,827)( - 11,388,917 - 11,388,917 - - 21,252,933 - 8,953,415 8,953,415 - - 30,206,348 30,206,348 - 11,388,917$ 30,206,348$ 41,595,265$ -$ -$ -$ -$ 1,262,846)$( 26,864,570 - 26,864,570 - 13,956,904 - 13,956,904 3,873,246 1,961,514 - 1,961,514 - 250,286 65,190 315,476 35,992 205,959 494,860 700,819 22,500 892,063 892,063)( - - 44,131,296 332,013)( 43,799,283 3,931,738 1,500,000 - 1,500,000 - 57,020,213 29,874,335 86,894,548 2,668,892 193,763,033 142,563,882 336,326,915 10,043,963 461,496 461,496)( - - 251,244,742$ 171,976,721$ 423,221,463$ 12,712,855$ Primary Government Net (Expense) Revenue and Changes in Net Position 14 Page 154 Item 13. General Impact Debt Service Fund Fees Fund ASSETS Cash and cash equivalents 7,931,808$ 4,279,446$ 1,032,220$ Investments 12,340,568 6,659,669 1,606,340 Taxes receivable (net)1,833,354 - 60,892 Accounts receivable (net)1,270,151 - - Accrued interest 21,842 11,787 2,843 Inventory 56,812 - - Prepaid items 41,495 - - Total assets 23,496,030 10,950,902 2,702,295 LIABILITIES Liabilities Accounts payable and accrued expenses 2,926,838 272,029 1,300 Unearned revenue - - - Retainage payable 640 - - Escrow payable - - - Total liabilities 2,927,478 272,029 1,300 DEFERRED INFLOWS OF RESOURCES Unavailable revenue: Property taxes 145,746 - 60,892 Fines and fees 29,511 - - Grants 150,475 - - Interest 113 61 15 Total deferred inflows of resources 325,845 61 60,907 FUND BALANCES Nonspendable for: Prepaid items 41,495 - - Restricted for: Debt service - - 2,640,088 Capital projects - 10,678,812 - Courts - - - Police - - - Fire - - - Grants - - - Parks - - - Other - - - Committed for: Contingency reserve 6,127,144 - - Assigned for: Next year's budget: appropriation of fund balance 3,844,940 - - Unassigned 10,229,128 - - Total fund balances 20,242,707 10,678,812 2,640,088 Total liabilities, deferred inflows of resources, and fund balances 23,496,030$ 10,950,902$ 2,702,295$ SEPTEMBER 30, 2021 BALANCE SHEET - GOVERNMENTAL FUNDS TOWN OF PROSPER, TEXAS The accompanying notes are an integral part of these financial statements.15 Page 155 Item 13. Nonmajor Total Capital Projects Escrow ARPA Governmental Governmental Fund Fund Fund Funds Funds 20,668,184$ 1,802,023$ 1,191,205$ 2,208,002$ 39,112,888$ 35,611,653 2,809,377 1,857,105 3,436,094 64,320,806 - - - 1,123,634 3,017,880 1,582,036 - - 7,678 2,859,865 9,932 - - 6,083 52,487 - - - - 56,812 - - - - 41,495 57,871,805 4,611,400 3,048,310 6,781,491 109,462,233 1,985,006 - - 683,450 5,868,623 - - 3,045,165 - 3,045,165 475,013 - - 17,939 493,592 - 4,611,400 - - 4,611,400 2,460,019 4,611,400 3,045,165 701,389 14,018,780 - - - - 206,638 - - - - 29,511 - - - - 150,475 51 - - 30 270 51 - - 30 386,894 - - - - 41,495 - - - - 2,640,088 55,411,735 - - 1,495,667 67,586,214 - - - 47,081 47,081 - - - 601,805 601,805 - - - 426,938 426,938 - - 3,145 - 3,145 - - - 2,894,711 2,894,711 - - - 613,870 613,870 - - - - 6,127,144 - - - - 3,844,940 - - - - 10,229,128 55,411,735 - 3,145 6,080,072 95,056,559 57,871,805$ 4,611,400$ 3,048,310$ 6,781,491$ 109,462,233$ 16 Page 156 Item 13. This Page Intentionally Left Blank Page 157 Item 13. Total Fund Balances - Governmental Funds 95,056,559$ Amounts reported for governmental activities in the statement of net position are different because: Capital assets used in governmental activities are not current financial resources and therefore are not reported in the governmental funds balance sheet.290,335,175 Bonds payable and accrued compensated absences will not be liquidated with current financial resources and therefore have not been included in the fund financial statements.129,637,042)( Interest payable on long-term debt is accrued in the government-wide financial statements,whereas in the fund financial statements,interest expenditures are reported when due.1,057,460)( Premiums on bond issuances and deferred losses on bond refunding are recorded as other financing sources and uses when paid in the fund financial statements but are capitalized and amortized in the government-wide financial statements over the life of the bonds. Premiums 11,587,592)( Deferred loss 758,260 Receivables from property taxes and fines and fees are not available soon enough to pay for the current period's expenditures and are, therefore, deferred in the fund financial statements.386,894 Included in the items related to debt is the recognition of the Town's proportionate share of the net pension liability and related deferred outflows and inflows of resources. The net effect is to decrease net position. Net pension liability 3,180,755)( Deferred outflows related to pensions 2,882,673 Deferred inflows related to pensions 597,875)( The Town uses an internal service fund to charge the costs of the medical program and the vehicle and equipment replacement program to appropriate departments in other funds.The assets and liabilities of the internal service fund are included in the governmental activities in the statement of net position.The net effect is to increase net position.7,885,905 Net Position of Governmental Activities 251,244,742$ SEPTEMBER 30, 2021 TO THE STATEMENT OF NET POSITION TOWN OF PROSPER, TEXAS RECONCILIATION OF THE BALANCE SHEET OF GOVERNMENTAL FUNDS The accompanying notes are an integral part of these financial statements.17 Page 158 Item 13. General Impact Debt Service Fund Fees Fund REVENUES Taxes: Property 18,547,272$ -$ 7,690,750$ Sales 8,313,558 - - Franchise 1,961,514 - - Licenses and permits 8,145,948 - - Charges for services 1,190,040 - - Impact fees - 8,279,540 - Escrow income - - - Grants 676,169 - - Investment income 112,301 44,100 24,381 Fines, fees, warrants, and seizures 279,543 - - Park fees 410,583 - - Contributions - - - Miscellaneous 195,334 - - Total Revenues 39,832,262 8,323,640 7,715,131 EXPENDITURES Current: Administration 6,484,378 - - Police 4,747,282 - - Fire 7,107,648 - - Development Services 3,580,068 - - Public Works 2,567,404 2,417,255 - Community Services 4,266,732 - - Engineering 1,882,206 - - Capital outlay - - - Debt service: Principal - - 4,275,377 Interest and fiscal charges - - 3,404,363 Bond issue costs and fees - - 14,670 Total Expenditures 30,635,718 2,417,255 7,694,410 Excess (Deficiency) of Revenues Over Expenditures 9,196,544 5,906,385 20,721 OTHER FINANCING SOURCES (USES) Issuance of debt - - - Premium on issuance of bonds - - - Transfers in 1,071,820 - - Transfers out 3,948,889)( 320,025)( - Total Other Financing Sources (Uses)2,877,069)( 320,025)( - SPECIAL ITEMS Litigation settlement - - - Total special items - - - NET CHANGE IN FUND BALANCE 6,319,475 5,586,360 20,721 FUND BALANCES - BEGINNING 13,923,232 5,092,452 2,619,367 PRIOR PERIOD ADJUSTMENTS - - - FUND BALANCES, BEGINNING, RESTATED 13,923,232 5,092,452 2,619,367 FUND BALANCES - ENDING 20,242,707$ 10,678,812$ 2,640,088$ FOR THE YEAR ENDED SEPTEMBER 30, 2021 AND CHANGES IN FUND BALANCES - GOVERNMENTAL FUNDS STATEMENT OF REVENUES, EXPENDITURES, TOWN OF PROSPER, TEXAS The accompanying notes are an integral part of these financial statements.18 Page 159 Item 13. Nonmajor Total Capital Projects Escrow ARPA Governmental Governmental Fund Fund Fund Funds Funds -$ -$ -$ 622,636$ 26,860,658$ - - - 5,643,346 13,956,904 - - - - 1,961,514 - - - - 8,145,948 - - - - 1,190,040 - - - 962,724 9,242,264 - 579,713 - - 579,713 82,036 - - 1,919,369 2,677,574 31,220 - 3,145 23,316 238,463 - - - 21,170 300,713 - - - - 410,583 - - - 525,685 525,685 79,338 - - 3,111 277,783 192,594 579,713 3,145 9,721,357 66,367,842 - - - 3,616,053 10,100,431 - - - 2,065,434 6,812,716 - - - 1,974,333 9,081,981 - - - - 3,580,068 - - - - 4,984,659 - - - 815,066 5,081,798 - - - - 1,882,206 19,313,158 - - - 19,313,158 - - - - - 4,275,377 - - - - 3,404,363 469,489 - - - 484,159 19,782,647 - - 8,470,886 69,000,916 19,590,053)( 579,713 3,145 1,250,471 2,633,074)( 43,110,000 - - - 43,110,000 4,684,489 - - - 4,684,489 4,933,178 - - 392,217 6,397,215 571,974)( 664,264)( - - 5,505,152)( 52,155,693 664,264)( - 392,217 48,686,552 1,500,000 - - - 1,500,000 1,500,000 - - - 1,500,000 34,065,640 84,551)( 3,145 1,642,688 47,553,478 21,346,095 84,551 - 3,975,888 47,041,585 - - - 461,496 461,496 21,346,095 84,551 - 4,437,384 47,503,081 55,411,735$ -$ 3,145$ 6,080,072$ 95,056,559$ 19 Page 160 Item 13. Net Changes in Fund Balances - Governmental Funds 47,553,478$ Governmental funds report capital outlays as expenditures.However,in the statement of activities that cost of those assets is allocated over their estimated useful lives and reported as depreciation expense.The net effect of miscellaneous transactions involving capital assets (i.e.,sales,trade-ins,or donations)to net position. Capital outlay 22,546,912 Depreciation expense 8,730,882)( Loss on sale of assets 1,879)( Governmental funds do not recognize assets contributed by others. However, in the statement of activities,the fair market value of those assets are recognized as revenue then allocated over their estimated useful lives and reported as depreciation expense.38,950,271 The issuance of long-term debt (e.g.bonds)provides current financial resources to governmental funds,while the repayment of the principal of long-term debt consumes the current financial resources of governmental funds.Neither transaction,however,has any effect on net position.Also,governmental funds report the effect of premiums,discounts,and similar items when debt is first issued,whereas the amounts are deferred and amortized in the Statement of Activities. Issuance of debt 43,110,000)( Repayment of principal of long-term debt 4,798,049 Amortization of: Premium on bond issuance 4,684,489)( Loss on refunding 61,869)( Current year changes in certain long-term liabilities do not require the use of current financial resources and,therefore,are not reported as expenditures in governmental funds. Compensated absences 234,903)( Net pension liability 81,234 Interest payable on long-term debt is accrued in the government-wide financial statements,whereas in the fund financial statements,interest expenditures are reported when due. The increase in interest accrual decreases net position.263,108)( The Town uses an internal service fund to charge the costs of the medical program and the vehicle and equipment replacement program to the appropriate departments in other funds.The change in net position of the internal service fund is reported with governmental activities.305,160 Revenues in the Statement of Activities that do not provide current financial resources are not reported as revenues in the funds.127,761)( Change in Net Position of Governmental Activities 57,020,213$ Amounts reported for governmental activities in the statement of activities are TO THE STATEMENT OF ACTIVITIES AND CHANGES IN FUND BALANCES - GOVERNMENTAL FUNDS RECONCILIATION OF REVENUES, EXPENDITURES, TOWN OF PROSPER, TEXAS FOR THE YEAR ENDED SEPTEMBER 30, 2021 The accompanying notes are an integral part of these financial statements.20 Page 161 Item 13. Governmental Activities Total Water and Stormwater Enterprise Internal Sewer Fund Drainage Fund Service Funds ASSETS Current assets: Cash and cash equivalents 4,541,452$ 281,101$ 4,822,553$ 1,952,863$ Investments 6,440,980 437,450 6,878,430 2,988,111 Receivables, net 3,442,568 108,397 3,550,965 39,566 Accrued interest 27,559 774 28,333 5,289 Inventory 900,466 - 900,466 - Prepaids 266 - 266 - Total current assets 15,353,291 827,722 16,181,013 4,985,829 Noncurrent assets: Restricted cash and cash equivalents 6,714,832 92,504 6,807,336 - Restricted investments 9,129,352 - 9,129,352 - Capital assets: Nondepreciable 26,414,732 1,879,127 28,293,859 - Depreciable, net 108,158,847 44,652,818 152,811,665 3,356,352 Total noncurrent assets 150,417,763 46,624,449 197,042,212 3,356,352 Total assets 165,771,054 47,452,171 213,223,225 8,342,181 DEFERRED OUTFLOWS OF RESOURCES Deferred charge on refunding 175,085 - 175,085 - Deferred outflows related to pensions 425,853 23,129 448,982 - Total deferred outflows of resources 600,938 23,129 624,067 - LIABILITIES Current liabilities: Accounts payable and accrued expenses 3,001,269 10,936 3,012,205 456,276 Retainage payable 509,632 - 509,632 - Accrued interest payable 296,021 21,826 317,847 - Customer deposits and escrow payable 120,000 - 120,000 - Current portion of long-term liabilities: Compensated absences 55,084 2,409 57,493 - Bonds payable 2,443,977 159,600 2,603,577 - Total current liabilities 6,425,983 194,771 6,620,754 456,276 Noncurrent liabilities: Compensated absences 165,251 10,262 175,513 - Bonds payable 32,204,978 2,280,797 34,485,775 - Net pension liability 469,888 25,521 495,409 - Total noncurrent liabilities 32,840,117 2,316,580 35,156,697 - Total liabilities 39,266,100 2,511,351 41,777,451 456,276 DEFERRED INFLOWS OF RESOURCES Deferred inflows - pensions 88,323 4,797 93,120 - Total deferred inflows of resources 88,323 4,797 93,120 - NET POSITION Net investment in capital assets 102,883,192 44,184,052 147,067,244 3,356,352 Unrestricted 24,134,377 775,100 24,909,477 4,529,553 Total net position 127,017,569$ 44,959,152$ 171,976,721$ 7,885,905$ Enterprise Funds SEPTEMBER 30, 2021 STATEMENT OF NET POSITION - PROPRIETARY FUNDS TOWN OF PROSPER, TEXAS The accompanying notes are an integral part of these financial statements.21 Page 162 Item 13. Governmental Activities Total Internal Water and Stormwater Enterprise Service Sewer Drainage Funds Funds OPERATING REVENUES Charges for services: Water and sewer charges 22,179,362$ -$ 22,179,362$ -$ Sanitation charges 1,701,530 - 1,701,530 - Storm drainage utility fees - 746,011 746,011 - Water and sewer connections 1,919,515 - 1,919,515 - Service initiation 120,185 - 120,185 - Health charges - - - 3,233,653 Equipment replacement - - - 812,273 Miscellaneous 494,860 - 494,860 463,461 Total operating revenues 26,415,452 746,011 27,161,463 4,509,387 OPERATING EXPENSES Personnel services 3,311,903 156,975 3,468,878 - Materials and supplies 817,599 8,382 825,981 36,377 Contractual services 6,091,910 - 6,091,910 130,400 Water purchases 7,157,267 - 7,157,267 - Employee health insurance - - - 3,448,426 Other operating costs 1,863,426 18,585 1,882,011 14,137 Depreciation and amortization 3,595,882 1,372,743 4,968,625 561,545 Total operating costs 22,837,987 1,556,685 24,394,672 4,190,885 Operating income (loss)3,577,465 810,674)( 2,766,791 318,502 NON-OPERATING REVENUES (EXPENSES) Grants 7,733 - 7,733 - Investment income 61,331 3,859 65,190 11,844 Loss on disposal of property - - - 25,186)( Interest expense 1,184,165)( 84,855)( 1,269,020)( - Developer payments 1,815,885)( - 1,815,885)( - Bond fees 750)( - 750)( - Total non-operating revenues (expenses)2,931,736)( 80,996)( 3,012,732)( 13,342)( Income (loss) before contributions and transfers 645,729 891,670)( 245,941)( 305,160 CONTRIBUTIONS AND TRANSFERS Capital contributions 12,563,789 9,848,944 22,412,733 - Capital contributions - impact fees 8,599,606 - 8,599,606 - Transfers in 678,484 693,327 1,371,811 - Transfers out 1,666,304)( 597,570)( 2,263,874)( - Total contributions and transfers 20,175,575 9,944,701 30,120,276 - CHANGE IN NET POSITION 20,821,304 9,053,031 29,874,335 305,160 NET POSITION - BEGINNING 106,657,761 35,906,121 142,563,882 7,580,745 PRIOR PERIOD ADJUSTMENTS 461,496)( - 461,496)( - FUND BALANCES, BEGINNING, RESTATED 106,196,265 35,906,121 142,102,386 7,580,745 NET POSITION - END OF YEAR 127,017,569$ 44,959,152$ 171,976,721$ 7,885,905$ Enterprise Funds FOR THE YEAR ENDED SEPTEMBER 30, 2021 IN FUND NET POSITION - PROPRIETARY FUNDS STATEMENT OF REVENUES, EXPENSES AND CHANGES TOWN OF PROSPER, TEXAS The accompanying notes are an integral part of these financial statements.22 Page 163 Item 13. Governmental Activities Water and Stormwater Total Internal Sewer Fund Drainage Enterprise Service Funds CASH FLOWS FROM OPERATING ACTIVITIES Cash received from customers and users 26,145,800$ 742,563$ 26,888,363$ 4,499,921$ Cash payment to suppliers for goods and services 17,340,630)( 21,284)( 17,361,914)( 45,568)( Cash payments for health expense - - - 3,502,526)( Cash payments to employees for services 3,329,290)( 159,291)( 3,488,581)( - Net cash provided by operating activities 5,475,880 561,988 6,037,868 951,827 CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Cash received from other governments 7,733 - 7,733 - Transfers to other funds 1,666,304)( 597,570)( 2,263,874)( - Transfers from other funds 678,484 693,327 1,371,811 - Net cash provided (used) by noncapital financing activities 980,087)( 95,757 884,330)( - CASH FLOWS FROM CAPITAL & RELATED FINANCING ACTIVITIES Principal paid on bonds 2,332,573)( 147,050)( 2,479,623)( - Acquisition and construction of capital assets 4,300,568)( 729,835)( 5,030,403)( 698,080)( Interest paid on bonds 1,346,105)( 97,375)( 1,443,480)( - Developer payments 1,815,885)( - 1,815,885)( - Impact fees received 8,138,110 - 8,138,110 - Net cash provided (used) by capital and related financing activities 1,657,021)( 974,260)( 2,631,281)( 698,080)( CASH FLOWS FROM INVESTING ACTIVITIES Investment purchases 3,536,302)( 137,138)( 3,673,440)( 305,927)( Interest on deposits and investments 189,956 9,329 199,285 51,463 Net cash provided by (used in) investing activities 3,346,346)( 127,809)( 3,474,155)( 254,464)( Net (decrease) increase in cash and cash equivalents 507,574)( 444,324)( 951,898)( 717)( Cash and cash equivalents at beginning of year 11,763,858 817,929 12,581,787 1,953,580 Cash and cash equivalents at end of year 11,256,284 373,605 11,629,889 1,952,863 RECONCILIATION OF OPERATING INCOME TO NET CASH PROVIDED BY OPERATING ACTIVITIES Operating income (loss)3,577,465$ 810,674)$( 2,766,791$ 318,502$ Adjustments to reconcile operating income to net cash provided by operating activities: Depreciation and amortization 3,595,882 1,372,743 4,968,625 561,545 Decrease (increase) in accounts receivable 308,653)( 3,448)( 312,101)( 9,466)( Decrease (increase) in inventory 417,474)( - 417,474)( Decrease (increase) in prepaid - - - 4,946 Increase (decrease) in deferred outflows related to pensions 53,879)( 2,401)( 56,280)( - Increase (decrease) in accounts payable 992,954)( 5,683 987,271)( 76,300 Increase (decrease) in accrued liabilities 23,342)( 1,167)( 24,509)( Increase (decrease) in net pension liability 51,760 2,811 54,571 - Increase (decrease) in deferred inflows 13,048)( 1,691)( 14,739)( - Increase (decrease) in compensated absences 21,122 132 21,254 - Increase (decrease) in customer deposits 39,001 - 39,001 - Net cash provided by operating activities 5,475,880$ 561,988$ 6,037,868$ 951,827$ SCHEDULE OF NON-CASH CAPITAL ACTIVITIES Contributions of capital assets 12,563,789 9,848,944 22,412,733 - Enterprise Funds TOWN OF PROSPER, TEXAS STATEMENT OF CASH FLOWS - PROPRIETARY FUNDS FOR THE YEAR ENDED SEPTEMBER 30, 2021 The accompanying notes are an integral part of these financial statements.23 Page 164 Item 13. 24 TOWN OF PROSPER, TEXAS NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2021 I. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The financial statements of the Town of Prosper have been prepared in conformity with generally accepted accounting principles (GAAP) as applied to governmental units. The Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. The more significant of the Town’s accounting policies are described below. A. Reporting Entity The Town is a municipal corporation governed by an elected seven-member council. As required by accounting principles generally accepted in the United States of America, these financial statements present the Town and its component unit entity for which the Town is considered to be financially accountable. Discretely Presented Component Unit The Prosper Economic Development Corporation (PEDC) serves all citizens of the Town and is governed by a board appointed by the Town’s elected council. The Town and t he PEDC board work in tandem in determining desirable and eligible economic development projects; however, since the PEDC board members serve at the pleasure of the Town Council, the Town Council is ultimately responsible for economic development projects undertaken by the Town. The scope of public service of the PEDC benefits the Town and its citizens and is operated primarily within the geographic boundaries of the Town. The PEDC is presented as a discretely presented component unit because the governing body is not identical to the governing body of the Town, the PEDC does not solely serve the Town, and the Town has the ability to impose its will on the PEDC. Complete financial statements for the PEDC may be obtained at the entity’s administration office, Prosper Economic Development Corporation, P.O. Box 1060, Prosper, Texas 75078. Blended Component Units On May 5, 2018, eligible voters approved the adoption of the Crime Control and Fire Prevention District sales and use tax at the rate of .25%. The purpose for creation of the special purpose districts was to finance public safety expenses in the districts, under the authority of Chapter 363 of the Texas Local Government Code. For reporting purposes, the special purpose districts are blended component units of the Town. The governing board of the blended component unit is substantively the same as the Town’s governing body. The Council approves recommendations from the Board regarding administration, management, and operation of the districts, and Town’s management has operational responsibility for the entities. The special purpose districts are reported as governmental funds and separate financial reports are available from the City’s finance department. B. Government-wide and Fund Financial Statements The government-wide financial statements (i.e. the statement of net position and the statement of activities) report information on activities of the primary government and its component units. For the most part, the effect of interfund activity has been removed from these statements. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business-type activities, which rely to significant extent on fees and charges for support. Likewise, the primary government is reported separately from a certain legally separate component unit for which the primary government is financially accountable. The Fiduciary fund and any fiduciary activities of the Town are not included in these statements. Page 165 Item 13. 25 The statement of activities demonstrates the degree to which the direct expenses of a given function or segment are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment, and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. Taxes and other items not properly included among program revenues are reported instead as general revenues. Separate financial statements are provided for governmental funds and proprietary funds. Major individual governmental funds and major individual enterprise funds are reported as separate columns in the fund financial statements. C. Measurement Focus, Basis of Accounting, and Financial Statement Presentation The government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting, as are the proprietary fund financial statements. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements by the provider have been met. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the Town considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures g enerally are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due. Property taxes, sales taxes, franchise taxes, licenses, and interest income associated with the current fiscal period are all considered to be susceptible to accrual and so have been recognized as revenues of the current fiscal period. Only the portion of special assessments receivable due within the current fiscal period is considered to be susceptible to accrual as revenue of the current period. All other revenue items are considered to be measurable and available only when cash is received by the Town. The Town reports the following major governmental funds: The General Fund is the Town’s primary operating fund. It accounts for all financial resources of the general government, except those required to be accounted for in another fund. The Impact Fee Fund, a special revenue fund, accounts for revenues that are legally restricted for particular purposes. This fund is used to account for activity related to impact fees. The Debt Service Fund accounts for the resources accumulated and payments made for principal and interest on long-term obligation debt of governmental funds. The Capital Projects Fund accounts for the acquisition of capital assets or construction of major capital projects not being financed by proprietary funds. The Escrow Fund, a special revenue fund, accounts for escrow deposits received from developers. The ARPA Fund, The American Rescue Plan Act (ARPA) was passed by Congress and signed into law on March 11, 2021. This fund is used to account for grant funds awarded and expenditures related to ARPA for a wastewater infrastructure project. Page 166 Item 13. 26 The Town reports the following major proprietary funds: The Water and Sewer Fund, an enterprise fund, is used to account for those operations that are financed and operated in a manner similar to private business or where the council has decided that the determination of revenues earned, costs incurred and/or net income is necessary for management accountability. The Town’s water and sewer fund is used to account for water, sewer and sanitation operations. The Stormwater Drainage Fund, an enterprise fund, is used to account for the Town’s stormwater drainage utility operations. The Town reports two internal service funds: The Internal Service Funds are used to accumulate and allocate costs internally among the Town’s various functions. The Town uses its Internal Service Funds to account for its vehicle and equipment replacement program and employee medical program as well as to facilitate distribution of support costs to the users of support services on a cost -reimbursement basis. Because these services predominately benefit the governmental rather than the business-type functions, they have been included within governmental activities in the government -wide financial statements. As a general rule, the effect of interfund activity has been eliminated from the government -wide financial statements. Exceptions to this general rule are general and administrative fees, street rental fees and other charges between the Town’s water and sewer function and various other functions of the Town. Elimination of these charges would distort the direct costs and program revenues reported for the various functions concerned. Amounts reported as program revenues include 1) charges to customers or applicants for goods, services, or privileges provided, 2) operating grants and contributions, and 3) capital grants and contributions, including special assessments. Internally dedicated resources are reported as general revenues rather than as program revenues. Likewise, general revenues include all taxes. Proprietary funds distinguish operating revenues and expenses from nonoperating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with a proprietary fund’s principal ongoing operations. The principal operating revenues of the proprietary funds are charges to customers for sales and services. The proprietary funds also recognize as operating revenue the portion of tap fees intended to recover the cost of connecting new customers to the system. Operating expenses for proprietary funds include the cost of sales and services, administrative expenses, and depreciation on capital assets. All revenues and expenses not meeting this definition are reported as nonoperating revenues and expenses. D. Deposits and Investments For purposes of the statement of cash flows, cash and cash equivalents include cash on hand, demand deposits, and short-term investments with a maturity date within three months of the date acquired by the Town. E. Short-Term Interfund Receivables/Payables During the course of operations, numerous transactions occur between individual funds for goods provided or services rendered. These receivables and payables are classified as “due from other funds” or “due to other funds” on the balance sheet. Short -term interfund loans are classified as “interfund receivables/payables.” F. Inventories and Prepaid Items All inventories are valued at cost using the first-in/first-out (FIFO) method. Inventories of governmental funds are recorded as expenditures when consumed rather than when purchased. Certain payments to vendors reflect costs applicable to future accounting periods and are recorded as prepaid items in both government-wide and fund financial statements. The cost of prepaid items is recorded as expenditures/expenses when consumed rather than when purchased. Page 167 Item 13. 27 G. Restricted Assets Certain resources set aside for the repayment of bonds are classified as restricted assets on the balance sheet because their use is limited by applicable bond covenants. Also included in restricted assets are capital recovery fees (impact fees) that are, by law, restricted for future capital improvements; and assets set aside for construction of future debt funded capital improvements. When the Town incurs an expense for which it may use e ither restricted or unrestricted assets, it uses the restricted assets first. H. Deferred Outflows/Inflows of Resources In addition to assets, the statement of net position will sometimes report a separate section for deferred outflows of resources. This separate financial statement element, deferred outflows of resources, represents a consumption of net position that applies to a future period(s) and so will not be recognized as an outflow of resources (expense/expenditure) until then. The Town has the following items that qualify for reporting in this category: • Deferred charges on refunding – A deferred charge on refunding results from the difference in the carrying value of refunded debt and its reacquisition price. This amount is deferred and amortized over the shorter of the life of the refunded or refunding debt. • Pension contributions after measurement date – These contributions are deferred and recognized in the following fiscal year. • Difference in expected and actual economic experience for the Town’s pension – This difference is deferred and recognized over the estimated average remaining lives of all members determined as of the measurement date. • Changes in actuarial assumptions – These changes are deferred and recognized over the estimated average remaining lives of all members determined as of the measurement date. In addition to liabilities, the statement of net position will sometimes report a separate section for deferred inflows of resources. This separate financial statement element, de ferred inflows of resources, represents an acquisition of net position that applies to a future period(s) and so will not be recognized as an inflow of resources (revenue) until that time. The Town has the following items that qualify for reporting in this category: • Unavailable revenue is reported only in the governmental funds balance sheet. These amounts are deferred and recognized as an inflow of resources in the period that the amounts become available. • Difference in expected and actual economic experience for the Town’s pension – This difference is deferred and recognized over the estimated average remaining lives of all members determined as of the measurement date. • Changes in actuarial assumptions – These changes are deferred and recognized over the estimated average remaining lives of all members determined as of the measurement date. • Difference in projected and actual earnings on pension assets – This difference is deferred and amortized over a closed five-year period. I. Capital Assets Capital assets, which include property, plant, equipment, and infrastructure assets (e.g., roads, bridges, sidewalks, and similar items), are reported in the applicable governmental or business -type activities columns in the government-wide financial statements, as well as in the proprietary fund statement of net position. Capital assets are defined by the Town as assets with an initial, individual cost of more than $5,000 and an estimated useful life in excess of two y ears. Such assets are recorded at historical cost or estimated historical cost if purchased or constructed. Donated capital assets are recorded at acquisition value, which is the price that would be paid to acquire an asset with equivalent service potential at the acquisition date. The cost of normal maintenance and repairs that do not add to the value of the asset or materially extend assets lives are not capitalized. Page 168 Item 13. 28 Major outlays for capital assets and improvements are capitalized as projects are constr ucted. Interest is capitalized on proprietary fund assets acquired with tax-exempt debt. The amount of interest to be capitalized is calculated by offsetting interest expense incurred from the date of the borrowing until completion of the project with interest earned on invested proceeds over the same period. Property, plant, and equipment of the primary government is depreciated using the straight-line method over the following estimated useful lives: Asset Type Number of Years Buildings 20 - 30 System infrastructure 15 - 45 Street infrastructure 25 - 30 Equipment 5 - 10 Vehicles 4 - 7 J. Intangible Assets Intangible assets are reported in the business-type activities column in the government-wide financial statements as well as in the proprietary fund statement of net position. Intangible assets with an initial, individual cost of more than $5,000 and an estimate useful life in e xcess of two years are recorded at historical cost or estimate historical cost if purchased or constructed. Once placed into service, the intangible asset is amortized over its estimated useful life. K. Compensated Absences It is the Town’s policy to permit employees to accumulate earned but unused vacation and sick pay benefits. All vacation and sick pay is accrued when incurred in the government-wide and proprietary fund financial statements. A liability for these amounts is reported in governmental funds only if they have matured, for example, as a result of employee resignation and retirements. L. Pension For purposes of measuring the net pension liability, deferred outflows of resources and deferred inflows of resources related to pensions, and pension expense, information about the Fiduciary Net Position of the Texas Municipal Retirement System (TMRS) and additions to/deductions from TMRS’s Fiduciary Net Position have been determined on the same basis as they are reported by TMRS. For this purpose, plan contributions are recognized in the period that compensation is reported for the employee, which is when contributions are legally due. Benefit payments and refunds are recognized when due and payable in accordance with the benefit terms. Investments are reported at fair value. M. Health Claims Liability The Internal Service Fund – Employee Trust includes an estimate of liabilities for self-insured claims incurred but not reported and are expected to be paid within one year. The liability is estimated and included in accounts payable and accrued expenses in the statement of net position. N. Long-Term Obligations In the government-wide financial statements, and proprietary fund types in the fund financial statements, long-term debt and other long-term obligations are reported as liabilities in the applicable governmental activities, business-type activities, or proprietary fund type statement of net position. Bond premiums and discounts are deferred and amortized over the life of the bonds using the effective interest method. Bonds payable are reported net of the applicable bond premium or discount. Bond issuance costs are expensed as incurred. In the fund financial statements, governmental fund types recognize bond premiums and discounts, as well as bond issuance costs, during the current period. The face amount of debt issued is reported as other financing sources. Premiums received on debt issuances are reported as other financing sources while discounts on debt issuances are reported as other financing uses. Issuance costs, whether or not withheld from the actual debt proceeds received, are reported as debt servi ce expenditures. Page 169 Item 13. 29 O. Net Position and Fund Balance In the government-wide and proprietary fund financial statements, the Town reports restrictions of net position for amounts that are not available for appropriation or are legally restricted by outside parties for use for a specific purpose. Net investment in capital assets represents the Town’s investment in the book value of capital assets, less any unspent proceeds from capital-related debt issuances. Unrestricted net position consists of net position that does not meet the definition of restricted or net investment in capital assets. In the fund financial statements, governmental funds report fund balance categorized as follows: Nonspendable fund balance includes amounts that are either (a) not in a spendable form or (b) legally or contractually required to be maintained intact. Restricted fund balance includes amounts for which constraints have been placed on the use of the resources either (a) externally imposed by creditors (such as through a debt cove nant), grantors, contributors, or laws or regulations of other governments, or (b) imposed by law through constitutional provisions or enabling legislation. Committed fund balance includes amounts that can be used only for the specific purposes determined and approved by passage of a formal resolution of the Town’s highest level of decision-making authority, the Town Council. Commitments may be changed or lifted only by the Town taking the same formal action that imposed the constraint originally . In accordance with the Town Charter, an amount equal to twenty percent of total general fund expenditures has been identified as committed for a contingency reserve. Assigned fund balance includes amounts intended to be used by the Town for specific purposes. Pursuant to Ordinance 11-66, the Town Council designated the Town Manager or his/her designee as the official authorized person to assign fund balance. In governmental funds other than the general fund, assigned fund balance represents the amount th at is not restricted or committed. The Town’s financial goal is to achieve and maintain an unassigned fund balance in the general fund equal to twenty-five percent of budgeted expenditures, but may be reduced down to ten percent in unusual financial circumstances with a corrective five-year plan to restore the fund balance back to twenty-five percent. Unassigned fund balance is the residual classification of the general fund and includes all amounts not contained in the other classifications. The general fund is the only fund that reports a positive unassigned fund balance amount. Net Position Flow Assumption Sometimes the Town will fund outlays for a particular purpose from both restricted (e.g., restricted bond or grant proceeds) and unrestricted resources. In order to calculate the amounts to report as restricted – net position and unrestricted – net position in the government-wide and proprietary fund financial statements, a flow assumption must be made about the order in which the resources are considered to be applied. It is the Town’s policy to consider restricted – net position to have been depleted before unrestricted – net position is applied. Fund Balance Flow Assumption Sometimes the Town will fund outlays for a particular purpose from both restricted and unrestricted resources (the total of committed, assigned, and unassigned fund balance). In order to calculate the amounts to report as restricted, committed, assigned, and unassigned fund balance in the governmental fund financial statements a flow assumption must be made about the order in which the resources are considered to be applied. It is the Town’s policy to consider restricted fund balance to have been depleted before using any of the components of unrestricted fund balance. Further, when the components of unrestricted fund balance can be used for the same purpose, committed fund balance is depleted first, followed by assigned fund balance. Unassigned fund balance is applied last. Page 170 Item 13. 30 P. Revenues and Expenditures/Expenses Program Revenues Amounts reported as program revenues include 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. All taxes, including those dedicated for specific purposes, and other internally dedicated resources are reported as general revenues rather than program revenues. Property Taxes Property taxes are levied by October 1, due upon receipt of the tax bill and are delinquent if not paid before February 1 of the year following the year in which imposed. On January 1 of each year, a tax lien attaches to property to secure the payment of all taxes, penalties and interest ultimately imposed. The combined tax rate to finance general governmental services and interest and sinking fund requirements for the year ended September 30, 2020 was $0.52 per $100 of valuation. Property taxes are based on the appraised values provided by the Collin County or Denton County Central Appraisal District, whichever is applicable. Taxes are levied by October 1 of each year. Unpaid property taxes become delinquent on February 1 of the following year. Penalty is calculated after February 1 up to the date collected by the Town at the rate of 6% for the first month and increased 1% per month up to a total of 12%. Interest is calculated after February 1 at the rate of 1% per month up to the date collected by the Town. Under state law, property taxes levied on real property constitute a lien on the real property which cannot be forgiven without specific approval of the State Legislature. The lien expires at the end of twenty years. Taxes levied on personal property can be deemed uncollectible by the Town. The Town’s current policy is to write -off uncollectible personal property taxes after four years. Proprietary Funds Operating and Non-operating Revenues and Expenses Proprietary funds distinguish operating revenues and expenses from non-operating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with the proprietary fund’s principal ongoin g operations. The principal operating revenues of the enterprise funds are charges to customers for sales and services. Operating expenses for the enterprise funds and internal service fund include the cost of sales and services, administrative expenses and depreciation on capital assets. All revenues not meeting this definition are reported as non-operating revenues and expenses. Q. Use of Estimates The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. Significant estimates included in the financial statements are depreciation expense which is based on the estimated useful lives of the underlying depreciable assets, allowances for doubtful accounts receivables, and net pension liability and pension expense which are based on various actuarial assumptions. R. Recent Accounting Pronouncements The Town has reviewed GASB pronouncements which become effective in future years and notes the following statements are applicable to the Town. Statement No. 87, Leases – This statement changes the recognition requirements for certain lease assets and liabilities for leases that are currently classified as operating leases. This statement will become effective for reporting periods beginning after June 15, 2021. Page 171 Item 13. 31 Statement No. 89, Accounting for Interest Cost Incurred before the End of a Construction Period – The objectives of this statement are to (1) enhance the relevance and comparability of information about capital assets and the cost of borrowing for a reporting period and (2) to simplify accounting for interest cost incurred before the end of a construction period. This statement will become effective for reporting periods beginning after December 15, 2020. Statement No. 91, Conduit Debt Obligations – This Statement provides a single method of reporting conduit debt obligation by issuers and eliminates diversity in practice associated with (1) commitments extended by issuers, (2) arrangements associated with conduit debt obligations, and (3) related note disclosures. GASB 91 will become effective for reporting periods beginning afte r December 15, 2021, and the impact has not yet been determined. Statement No. 92, Omnibus 2020 – The objectives of this Statement are to enhance comparability in accounting and financial reporting and to improve the consistency of authoritative literature by addressing practice issues that have been identified during implementation and application of certain GASB Statements. GASB 92 will become effective for reporting periods beginning after June 15, 2021, and the impact has not yet been determined. Statement No. 93, Replacement of Interbank Offered Rates – Some governments have entered into agreements in which variable payments made or received depend on an interbank offered rate (IBOR)-most notably, the London Interbank Offered Rate (LIBOR). As a result of global reference rate reform, LIBOR is expected to cease to exist in its current form at the end of 2021, prompting governments to amend or replace financial instruments for the purpose of replacing LIBOR with other reference rates, by either changing the reference rate or adding or changing fallback provisions related to the reference rate. GASB 93 will become effective for reporting periods beginning after June 15, 2021, and the impact has not yet been determined. Statement No. 94, Public-Private and Public-Public Partnerships and Availability Payment Arrangements – The primary objective of this Statement is to improve financial reporting by addressing issues related to public-private and public-public partnership arrangements (PPPs). As used in this Statement, a PPP is an arrangement in which a government (the tra nsferor) contracts with an operator (a governmental or nongovernmental entity) to provide public services by conveying control of the right to operate or use a nonfinancial asset, such as infrastructure or other capital asset (the underlying PPP asset), fo r a period of time in an exchange or exchange -like transaction. GASB 94 will become effective for reporting periods beginning after June 15, 2022, and the impact has not yet been determined. Statement No. 96, Subscription-Based Information Technology Arrangements – This Statement provides guidance on the accounting and financial reporting for subscription -based information technology arrangements (SBITAs) for government end users (governments). This Statement (1) defines a SBITA; (2) establishes that a SBITA results in a right-to-use subscription asset-an intangible asset-and a corresponding subscription liability; (3) provides the capitalization criteria for outlays other than subscription payments, including implementation costs of a SBITA; and (4) requires note disclosures regarding a SBITA. To the extent relevant, the standards for SBITAs are based on the standards established in Statement No. 87, Leases, as amended. GASB 96 will become effective for reporting periods beginning after June 15, 2022, and t he impact has not yet been determined. Statement No. 97, Certain Component Unit Criteria, and Accounting and Financial Reporting/or Internal Revenue Code Section 457 Deferred Compensation Plans-an amendment of GASE Statements No. 14 and No. 84, and a supe rsession of GASE Statement No. 32 – The primary objectives of this Statement are to (1) increase consistency and comparability related to the reporting of fiduciary component units in circumstances in which a potential component unit does not have a governing board and the primary government performs the duties that a governing board typically would perform; (2) mitigate costs associated with the reporting of certain defined contribution pension plans, defined contribution other postemployment benefit (OPEB ) plans, and employee benefit plans other than pension plans or OPEB plans (other employee benefit plans) as fiduciary component units in fiduciary fund financial statements; and (3) enhance the relevance, consistency, and comparability of the accounting and financial reporting for Internal Revenue Code (IRC) Section 457 deferred compensation plans (Section 457 plans) that meet the definition of a pension plan and for benefits provided through those plans. GASB 97 will become effective for reporting periods beginning after June 15, 2021, and the impact has not yet been determined. Page 172 Item 13. 32 II. STEWARDSHIP, COMPLIANCE, AND ACCOUNTABILITY Budgetary Control Annual budgets are adopted on a basis consistent with accounting principles generally accepted in the United States of America. Annual appropriated budgets are legally adopted for the General Fund, Impact Fee Fund, Debt Service Fund, Court Technology Fund, Court Security Fund, Parks Dedication Fund, Parks Improvement Fund, Police Special Purpose District Fund, Fire Special Purpose District Fund, TIRZ#1 Fund, TIRZ#2 Fund, Municipal Jury Fund, Contributions Fund, CARES Act Fund, Water and Sewer Fund, and Storm Drainage Fund. The legal level of budgetary control is the department level. Project length financial plans are adopted for all capital project funds. III. DEPOSITS AND INVESTMENTS Deposits State statutes require that all deposits in financial institutions be fully guaranteed or insured by the Federal Deposit Insurance Corporation or its successor or the National Credit Union Share Insurance Fund or its successor; or secured by obligations governmental entities as authorized in the Public Funds Collateral Act. All deposits of the Town that exceeded the federal depository insurance coverage level of $250,000 were covered by pledged marketable securities held by an independent custodian or letters of credit issued by a Federal Agency or Instrumentality. The market value of the security collateral and redemption value of letters of Credit held at September 30, 2021 exceeded the value of all deposits. At September 30, 2021, the carrying amount of the Town’s deposits was $51,202,693, and the respective bank balances totaled $51,185,157. The Towns’ cash on hand totaled $2,740. Investments The Town is authorized to invest in the following: U.S. Government obligations and its agencies or instrumentalities; direct obligations of the State of Texas or its agencies and instrumentalities; other obligations, the principal and interest on which are unconditionally guaranteed or insured by, or backed by the full faith and credit of the State of Texas or United States or their respective agencies and instrumentalities; obligations of states, agencies, counties, cities and other political subdivisions of any state rated as to investment quality by a nationally recognized investment rating firm not less than A or its equivalent rating; insured or collateralized certificates of deposit, no-load SEC registered money market funds consisting of any of these securities listed with a dollar-weighted average stated maturity of 60 days or less and with an investment objective of a stable net asset value of $1 for each share; eligible investments pools organized and operating in compliance with PFIA; fully collateralized repurchase agreements and reverse repurchase agreements; prime domestic commercial paper; prime domestic bankers' acceptances; guaranteed investment contracts; securities lending program consisting of authorized investments by the Town’s investment policy. For additional information see the Town of Prosper’s Investment Policy at www.prospertx.gov. The Town's investments carried at fair value as of September 30, 2021, were: Weighted Carrying Average Maturity Value (days) Investment type: Certificates of deposit 79,489,611$ 395 Municipal bonds 4,327,528 10 Total 83,817,139$ Portfolio weight average to maturity 375 Of the municipal bonds disclosed above, $500,440 belongs to Prosper Economic Development. The Town also has investments in government pools at September 30, 2021, totaling $10,391,735, which are recorded at amortized cost. Page 173 Item 13. 33 Under the Texas Local Government Investment Pool (“TexPool”) Participation Agreement, administrative and investment services to TexPool are provided by Federated Investors, Inc. through an agreement with the State of Texas Comptroller of Public Accounts. The State Comptroller is the sole officer, director, and shareholder of the Texas Treasury Safekeeping Trust Company authorized to operate TexPool. TexPool invests in treasury and agency securities and repurchase agreements fully collateralized by government securities. The pool seeks to maintain a constant dollar objective. The reported value of the pool is the same as the fair value of the pool shares. TexPool is subject to annual review by an independent auditor consistent with the Public Funds Investment Act. In addition, TexPool is subject to review by the State Auditor’s Office and by the Internal Auditor of the Comptroller’s Office. Due to its short-term, highly liquid nature, TexPool investments have been reported as cash equivalents. TexPool is rated AAAm by Standard and Poor’s and carries a weighted average maturity of 37 days. The Texas Short-Term Asset Reserve Investment Pool (“TexSTAR”) is a local government investment pool organized under the authority of the Interlocal Cooperation Act, chapter 791, of the Texas Government Code, and the Public Funds Investment Act, chapter 2256, of the Texas Government Code. J.P. Morgan Investment Management Inc. serves as investment advisor and co-administrator with Hilltop Securities. TexSTAR invests in treasury and agency securities and repurchase agreements fully collateralized by government securities. The pool seeks to maintain a constant dollar objective. The reported value of the pool is the same as the fair value of the pool shares. Due to its short-term, highly liquid nature, investments in TexSTAR have been re ported as cash equivalents. TexStar is rated AAAm by Standard and Poor’s and carries a weighted average maturity of 43 days. TexStar and TexPool have a redemption notice period of one day and may redeem daily. The investment pool’s authority may only impose restrictions on redemptions in the event of a general suspension of trading on major securities markets, general banking moratorium or national state of emergency that affects the pool’s liquidity. Custodial Credit Risk – Deposits: In the case of deposits, this is the risk that, in the event of a bank failure, the Town’s deposits may not be returned to the Town. The Town’s policy regarding types of deposits allowed and collateral requirements is: the Depository may be a state bank authorized and regulated under Texas law; a national bank, savings and loan association, or savings bank authorized and regulated by federal law; or a savings and loan association or savings bank organized under Texas law; but shall not be any bank the deposits of which are not insured by the Federal Deposit Insurance Corporation (FDIC) and pledged marketable securities or letters of credit. The Town is not exposed to custodial credit risk for its deposits, as all are covered by depository insurance and pledged marketable securities or letters of credit. In compliance with the Public Funds Investment Act and Public Funds Collateral Act, the Town has adopted a deposit and investment policy. That policy addresses the following risks: Custodial Credit Risk – Investments: For an investment, this is the risk that, in the event of the failure of the counterparty, the Town will not be able to recover the value of its investments or deposits. The Town utilizes an independent, third -party custodian to hold all pledged marketable securities and an independent, third-party safekeeping agent to settle and hold all investment securities.. The Town’s investments are in certificates of deposit, US Government bonds, and municipal bonds. Credit Risk – This is the risk that an issuer of an investment will be unable to fulfill its obligations. The rating of securities by nationally recognized rating agencies is designed to give an indication of credit risk. The Town’s investment policy establishes credit rating minimums for various investment - types. The credit quality rating for both TexPool and TexSTAR at year end was AAAm by Standard & Poor’s. The Town’s US Government bonds and municipal bonds each have a long -term rating from A to AAA. The Town also holds municipal bonds with short-term ratings of A-1 to A-1+. Page 174 Item 13. 34 Interest Rate Risk – This is the risk that changes in interest rates will adversely affect the fair value of an investment. In accordance with its investment policy, the Town manages its exposure to declines in fair values by limiting the weighted average maturity of its investment portfolio; structuring the investment portfolio so that investments matured to meet cash requirements for ongoing operations, thereby avoiding the need to liquidate investments prior to maturity; monitoring credit ratings of portfolio positions to assure compliance with rating requirements; and investing operating funds primarily in short-term deposits, securities, money market mutual funds, or local government investment pools. The maximum allowable maturity for operating funds is five years and two years for debt service funds. Foreign Currency Risk – This is the risk that exchange rates will adversely affect the fair value of an investment. The Town is not exposed to foreign currency risk. Concentration of Credit Risk – This is the risk of loss attributed to the magnitude of the Town’s investment in a single issuer (i.e., lack of diversification). As of September 30, 2021, the Town minimized concentration of credit risk, by: limiting investments in a specific local governmental pools to no more than 40 percent of the investment portfolio; staggering maturities and potential call dates; and limiting investments in commercial paper and bankers’ acceptances to no more than 5% of the investment portfolio. Concentration risk is defined as positions of 5 percent (5%) or more in the obligations of a single issuer. The Town’s investments and their percentage of net portfolio assets are stated below. Securities by Issuer Carrying Value % of Total Portfolio Certificates of deposit 79,489,611 94.84% Municipal bonds 4,327,528 5.16% Total Securities 83,817,139$ 100.00% Of the municipal bonds disclosed above, $500,440 belongs to Prosper Economic Development. IV. FAIR VALUE MEASUREMENTS The Town categorizes its fair value measurements within the fair value hierarchy established by generally accepted accounting principles. The hierarchy is based on the valuation inputs used to measure the fair value of the asset. Level 1 inputs are quoted prices in active markets for identical assets; Level 2 inputs are significant observable inputs other than quoted market prices for similar assets; Level 3 inputs are significant unobservable inputs. The Town has the following recurring fair value measurements as of September 30, 2021: Fair value as of 9/30/2021 Level 2 Investments by fair value level Municipal bonds 4,327,528$ 4,327,528$ Total investments by fair value level 4,327,528$ 4,327,528$ Fair Value Measurements Using All of the Town’s fair value investments were valued using significant observable inputs other than quoted market prices for similar assets of the municipal bonds disclosed above, $500,440 belongs to Prosper Economic Development. Page 175 Item 13. 35 V. RECEIVABLES The Town’s receivables as of September 30, 2021 consisted of the following: Impact Debt Capital Internal Nonmajor General Fees Service Projects Service Governmental Fund Fund Fund Fund Fund Funds Total Property taxes 148,720$ -$ 62,135$ -$ -$ -$ 210,855$ Sales tax 1,679,162 - - - - 1,123,634 2,802,796 Interest 21,842 11,787 2,843 9,932 5,289 6,083 57,776 Grants 178,900 - - 82,036 - - 260,936 Franchise fees 498,215 - - - - - 498,215 Municipal court 295,114 - - - - - 295,114 Ambulance 857,973 - - - - - 857,973 Legal settlement - - - 1,500,000 - - 1,500,000 Other receivables 40,949 - - - 39,566 7,678 88,193 Gross receivables 3,720,875 11,787 64,978 1,591,968 44,855 1,137,395 6,571,858 Less: allowance for uncollectible accounts 595,528)( - 1,243)( - - - 596,771)( Net receivables 3,125,347$ 11,787$ 63,735$ 1,591,968$ 44,855$ 1,137,395$ 5,975,087$ Governmental Activities Water and Stormwater Sewer Fund Drainage Fund Total Utility bills 3,774,537$ 108,397$ 3,882,934$ Interest 27,559 774 28,333 Gross receivables 3,802,096 109,171 3,911,267 Less: allowance for uncollectible accounts 331,969)( - 331,969)( Net receivables 3,470,127$ 109,171$ 3,579,298$ Business-type Activities VI. CAPITAL ASSETS Capital asset activity for the year ended September 30, 2021 was as follows: Beginning Ending Balance Additions Retirements Transfers Balance Governmental activities: Capital assets not being depreciated: Land 8,259,860$ 21,817,636$ -$ 698,494$ 30,775,990$ Construction in progress 50,480,762 21,964,237 - 24,398,264)( 48,046,735 Total capital assets not being depreciated 58,740,622 43,781,873 - 23,699,770)( 78,822,725 Capital assets being depreciated: Buildings and improvements 57,446,682 147,317 - 14,547,468 72,141,467 Equipment 16,939,279 1,241,363 744,302)( - 17,436,340 Infrastructure 158,429,117 17,203,870 - 9,152,302 184,785,289 Total assets being depreciated 232,815,078 18,592,550 744,302)( 23,699,770 274,363,096 Less accumulated depreciation for: Buildings and improvements 9,444,084)( 2,077,203)( - - 11,521,287)( Equipment 5,566,008)( 1,572,365)( 717,237 - 6,421,136)( Infrastructure 35,909,012)( 5,642,859)( - - 41,551,871)( Total accumulated depreciation 50,919,104)( 9,292,427)( 717,237 - 59,494,294)( Total capital assets being depreciated, net 181,895,974 9,300,123 27,065)( 23,699,770 214,868,802 Governmental activities capital assets, net 240,636,596$ 53,081,996$ 27,065)$( -$ 293,691,527$ Page 176 Item 13. 36 Beginning Ending Balance Additions Retirements Transfers Balance Business-type activities: Capital assets, not being depreciated: Land 1,883,521$ -$ -$ -$ 1,883,521$ Construction in progress 21,302,191 5,108,147 - - 26,410,338 Total capital assets, not being depreciated 23,185,712 5,108,147 - - 28,293,859 Capital assets being depreciated: Buildings and systems 247,673 58,972 - - 306,645 Vehicles and equipment 2,385,976 65,357 152,996)( - 2,298,337 Infrastructure 141,342,003 22,418,433 - - 163,760,436 Intangible Asset 15,744,809 - - - 15,744,809 Total assets being depreciated 159,720,461 22,542,762 152,996)( - 182,110,227 Less accumulated depreciation for: Buildings and systems 177,462)( 19,983)( - - 197,445)( Vehicles and equipment 1,110,828)( 211,534)( 152,996 - 1,169,366)( Infrastructure 21,938,173)( 4,422,144)( - - 26,360,317)( Intangible Asset 1,256,470)( 314,964)( - - 1,571,434)( Total accumulated depreciation 24,482,933)( 4,968,625)( 152,996 - 29,298,562)( Total capital assets being depreciated, net 135,237,528 17,574,137 - - 152,811,665 Business-type activities capital assets, net 158,423,240$ 22,682,284$ -$ -$ 181,105,524$ Beginning Ending Balance Additions Retirements Retirements Balance Component Unit: Capital assets not being depreciated: Land 1,077,788$ 1,495,880$ -$ -$ 2,573,668$ Total capital assets not being depreciated 1,077,788$ 1,495,880$ -$ -$ 2,573,668$ Depreciation expense for the year ended September 30, 2021 was charged to functions/programs of the primary government as follows: Governmental activities: Administration 659,324$ Police 512,850 Fire 871,823 Development Services 30,319 Public Works 5,644,483 Community Services 1,566,954 Engineering 6,674 Total 9,292,427$ Business-type activities: Water and sewer 3,595,882$ Stormwater drainage utility 1,372,743 Total 4,968,625$ As of September 30, 2021, the Town’s only intangible asset was related to wastewater treatment capacity rights acquired from the Upper Trinity Regional Water District. Although the capacity rights were initially acquired in March 2014, the related plant facility was placed into service as of September 30, 2017, and in the current year amortization of $314,964 has been recognized in these financial statements. VII. INTERFUND RECEIVABLES, PAYABLES, AND TRANSFERS The outstanding balances between funds result mainly from the time lag between the dates that (1) reimbursable expenditures occur, (2) transactions are recorded in the accounting system, and (3) payments between funds are made. Page 177 Item 13. 37 Interfund transfers made during the fiscal year were as follows: Transfer From Transfer To Amount Purpose General Fund Capital Projects 3,948,889$ Capital outlay Impact Fees Capital Projects 320,025 Capital outlay Capital Projects Water and Sewer 30,312 Capital outlay Capital Projects Nonmajor Governmental 392,217 Capital outlay Capital Projects Water and Sewer 149,445 Capital outlay Escrow Fund Capital Projects 664,264 Capital outlay Water and Sewer General Fund 972,977 Administrative Water and Sewer Storm Drainage 693,327 Capital outlay Storm Drainage General Fund 98,843 Administrative Storm Drainage Water and Sewer 498,727 Administrative Total 7,769,026$ VIII. LONG-TERM LIABILITIES The Town issues general obligation bonds and certificates of obligations to provide funds for the acquisition and construction of major capital facilities and equipment. General obligation bonds and certificates of obligation have been issued for both governmental and business-type activities. The certificates of obligation will be repaid by the debt service fund in combination with system revenues. The Town issued Certificates of Obligation Bonds, Series 2021 and General Obligation Bonds, Series 2021 in the amount of $6,855,000 and $36,255,000, respectively, for constructing and improving streets, roads and other related infrastructure in the Town. The bonds bear interest rates ranging from 2% to 5% and mature over the next 20 years. The following is a summary of long-term liabilities for the year ended September 30, 2021: Beginning Refunded/Ending Amount Due Balance Issued Retired Balance Within One Year Governmental activities: Compensated absences 1,766,093$ 1,779,221$ 1,544,318)$( 2,000,996$ 500,249$ Bonds 88,801,423 43,110,000 4,275,377)( 127,636,046 6,101,423 Bond premium on issuance 7,425,775 4,684,489 522,672)( 11,587,592 - Total governmental 97,993,291 49,573,710 6,342,367)( 141,224,634 6,601,672 Business-type activities: Compensated absences 211,752 222,516 201,262)( 233,006 57,493 Bonds 37,478,576 - 2,479,346)( 34,999,230 2,603,577 Bonds premium on issuance 2,281,127 - 191,005)( 2,090,122 - Total business-type activities 39,971,455 222,516 2,871,613)( 37,322,358 2,661,070 Total primary government 137,964,746$ 49,796,226$ 9,213,980)$( 178,546,992$ 9,262,742$ The Town is not currently subject to any legal debt margin requirements. The compensated absences liabilities in the governmental activities is liquidated by the General fund. The revenue bonds are collateralized by the revenue of the combined utility system and the various special funds established by the bond ordinances. The ordinances provide that the revenue of the system is to be used, first, to pay operating and maintenance expenses of the system and, second, to establish and maintain the revenue bond funds. Should the City default on its outstanding bonds, any registered owner of the certificates is entitled to seek a writ of mandamus from a court of proper jurisdiction requiring specific performance from the Town. Page 178 Item 13. 38 Bonds, certificates of obligation, and tax notes at September 30, 2021 are comprised of the following issues for the Debt Service Fund, the Water and Sewer Fund, and the Stormwater Drainage Utility Fund: Governmental Business-Type Activities Activities Total 2012 General Obligation Bonds (100%debt service fund) issued June 15,2012,and maturing February 15,2032. Interest payable February 15,and August 15 at rates ranging from 1.38% to 3.25%.2,590,000$ -$ 2,590,000$ 2012 Certificates of Obligation (83%water and sewer fund portion and 17% Stormwater drainage fund portion) issued June 15,2012,maturing February 15,2032.Interest payable February 15 and August 15 at rates ranging from 0.40% to 3.25%.- 3,480,000 3,480,000 2013 General Obligation Refunding Bonds (100%debt service fund)issued June 15,2013,maturing August 15, 2033.Interest payable February 15 and August 15 at rates ranging from 2.0% to 4.0%.2,590,000 - 2,590,000 2013 Certificates of Obligation (100%water and sewer fund)issued June 15,2013,maturing August 15,2033. Interest payable February 15 and August 15 at rates ranging from 2.0% to 4.0%.- 3,545,000 3,545,000 2014 General Obligation Improvement Bonds (47%debt service fund portion and 53%water and sewer fund portion)issued February 15,2014,maturing February 15, 2034.Interest payable February 15 and August 15 at rates ranging from 2.0% to 5.0%.1,555,000 1,330,000 2,885,000 2014 Certificates of Obligation (100%water and sewer fund)issued February 15,2014,maturing February 15, 2034.Interest payable February 15 and August 15 at rates ranging from 2.0% to 4.0%.- 9,225,000 9,225,000 2015 General Obligation Refunding and Improvement Bonds (79%debt service fund portion and 21%water and sewer portion)issued July 15,2015,maturing February 15,2035.Interest payable February 15 and August 15 at rates ranging from 2.0% to 5.0%11,429,700 2,690,300 14,120,000 2015 Certificates of Obligation (100%debt service fund) issued July 15,2015,maturing February 15,2035.Interest payable February 15 and August 15 at rates ranging from 2.0% to 5.0%.7,300,000 - 7,300,000 2016 General Obligation Refunding and Improvement Bonds (84%debt service fund portion and 16%water and sewer fund portion)issued July 12,2016,maturing February 15,2036.Interest payable February 15 and August 15 at rates ranging from 2.0% to 4.0%.3,310,000 - 3,310,000 2016 Certificates of Obligation (84%debt service fund portion and 16% Stormwater drainage fund portion) issued July 12,2016,maturing February 15,2036.Interest payable February 15 and August 15 at rates ranging from 2.0% to 4.0%.6,650,000 1,065,000 7,715,000 Page 179 Item 13. 39 Governmental Business-Type Activities Activities Total 2017 Certificates of Obligation (91%debt service fund portion and 9%Stormwater drainage fund portion)issued June 27,2017, maturing February 15,2037.Interest payable February 15 and August 15 at rates ranging from 2.0% to 5.0%.8,830,000$ 850,000$ 9,680,000$ 2018 General Obligation Refunding (100%debt service fund portion )issued June 15,2018,maturing February 15,2038. Interest payable February 15 and August 15 at rates ranging from 4.0% to 5.0%.3,515,000 - 3,515,000 2018 Certificates of Obligation (56%debt service fund portion and 44%water &sewer fund portion)issued June 15,2018,maturing February 15,2038.Interest payable February 15 and August 15 at rates ranging from 3.125% to 5.0%.11,175,000 8,845,000 20,020,000 2019 General Obligation Bonds (100%debt service fund)issued July 25,2019,and maturing February 15,2039.Interest payable February 15, and August 15 at rates ranging from 3.0% to 4.0%.3,775,000 - 3,775,000 2019 Certificates of Obligation (75%debt service fund portion and 25%water &sewer fund portion)issued July 25,2019 maturing February 15,2039.Interest payable February 15 and August 15 at rates ranging from 3.0% to 5.0%.11,736,346 3,968,930 15,705,276 - 2020 Certificates of Obligation (100%debt service fund portion) issued July 30,2020 maturing February 15,2040.Interest payable February 15 and August 15 at rates ranging from 3.0%to 4.0%.10,070,000 - 10,070,000 2021 General Obligation Bonds (100%debt service fund portion) issued August 15,2021 maturing February 15,2041.Interest payable February 15 and August 15 at rates ranging from 2.0%to 5.0%.36,255,000 - 36,255,000 2021 Certificates of Obligation (100%debt service fund portion) issued August 15,2021 maturing February 15,2041.Interest payable February 15 and August 15 at rates ranging from 2.0%to 5.0%.6,855,000 - 6,855,000 127,636,046$ 34,999,230$ 162,635,276$ The annual requirements to amortize the combined debt outstanding for the Debt Service Fund and Water and Sewer Fund as of September 30, 2021, are as follows: Year Ended Total Total September 30,Principal Interest Principal Interest Principal Interest 2022 6,101,423$ 4,531,970$ 2,603,577$ 1,362,202$ 8,705,000$ 5,894,172$ 2023 5,544,006 4,421,847 2,590,995 1,255,778 8,135,001 5,677,625 2024 6,085,721 4,169,933 2,689,278 1,145,073 8,774,999 5,315,006 2025 6,425,966 3,900,115 2,379,035 1,026,216 8,805,001 4,926,331 2026 6,958,511 3,615,306 2,486,488 924,394 9,444,999 4,539,700 2027-2031 36,369,525 13,212,003 11,315,475 3,235,053 47,685,000 16,447,056 2032-2036 37,703,865 5,962,179 8,656,135 1,074,736 46,360,000 7,036,915 2037-2041 22,447,029 1,177,877 2,278,247 88,278 24,725,276 1,266,155 Total 127,636,046$ 40,991,230$ 34,999,230$ 10,111,730$ 162,635,276$ 51,102,960$ Governmental Activities Business-Type Activities The Town’s general obligation bonds and certificates of obligation contain a provision that in an event of default, creditors may seek a writ of mandamus to compel Town officials to carry out their legally imposed duties with respect to debt. As outstanding debt does not become immediately due, the remedy of mandamus may have to be relied upon from year to year. Page 180 Item 13. 40 IX. RESTRICTED ASSETS The balances of restricted asset accounts are as follows: Cash Investments Reason for restriction Business-type activities: Water and Sewer fund 1,605,409$ 1,178,074$ Capital projects (unspent bond proceeds) Water and Sewer fund 5,109,423 7,951,278 Impact fees Stormwater Drainage fund 92,504 - Capital projects (unspent bond proceeds) Total business-type activities 6,807,336$ 9,129,352$ Governmental activities: Impact Fees fund 4,279,446$ 6,659,669$ Impact fees Debt Service fund 1,032,220 1,606,340 Debt service Capital Projects fund 50,668,425 5,611,412 Capital projects (unspent bond proceeds) Escrow Fund 1,802,023 2,809,377 Customer deposits/escrow Nonmajor governmental funds 3,399,207 5,293,199 Special revenue funds Total governmental activities 61,181,321$ 21,979,997$ X. RISK MANAGEMENT The Town is exposed to various risks of loss related to torts; theft of, damage to, and destruction of assets; errors and omissions; injuries to employees; and natural disasters. The Town is a participant in the Texas Municipal League Workers’ Compensation Joint Insurance Fund (WC Fund) and the Texas Municipal League Joint Self-Insurance Fund (Property-Liability Fund), a public entity risk pool operated by the Texas Municipal League Board for the benefit of individual governmental units located in Texas. The Town pays an annual premium to the Funds for its workers’ compensation and property and liability insurance coverage. The WC Fund and the Property-Liability Fund are considered self-sustaining risk pools that provide coverage for their members for up to $2,000,000 per insured event. The Town also maintains insurance coverage for cyber-attacks. There were no significant reductions in insurance coverage from the previous year. Settled claims for risks have not exceeded insurance coverage in any of the past three years. The Town of Prosper initiated a self-funded health and dental plan effective January 1, 2017 for Town Employees and their dependents. The Town maintains the Employee Health and Insurance Fund to account for the Town’s employee health and dental care coverage. In addition, excess insurance of up to $1,000,000 has been obtained for an individual unit health and prescription drugs claims exceeding $75,000 and for health claims in the aggregate exceeding $2,628,399. The Town’s claim administrator is UMR. Revenues are recognized from payroll deductions and Town contributions. At September 30, 2021, a liability of $212,015 has been recorded, which represents estimated claims incurred but not yet reported. Changes in this claims liability during fiscal years 2019, 2020, and 2021 respectively were as follows: Fiscal Beginning Current Year Claim Ending Year Balance Claims Payments Balance 2019 49,642$ 1,636,065$ 1,636,162$ 49,545$ 2020 49,545 2,254,800 2,227,144 77,201 2021 77,201 2,461,362 2,326,548 212,015 Page 181 Item 13. 41 XI. DEFINED BENEFIT PENSION PLAN Plan Description The Town participates as one of 895 plans in the nontraditional, joint contributory, hybrid defined benefit pension plan administered by the Texas Municipal Retirement System (TMRS). TMRS is an agency created by the State of Texas and administered in accordance with the TMRS Act, Subtitle G , Title 8, Texas Government Code (the TMRS Act) as an agent multiple-employer retirement system for municipal employees in the State of Texas. The TMRS Act places the general administration and management of the System with a six-member Board of Trustees. Although the Governor, with the advice and consent of the Senate, appoints the Board, TMRS is not fiscally dependent on the State of Texas. TMRS’s defined benefit pension plan is a tax-qualified plan under Section 401(a) of the Internal Revenue Code. TMRS issues a publicly available annual comprehensive financial report (ACFR) that can be obtained at www.TMRS.com. All eligible employees of the Town are required to participate in TMRS. Benefits Provided TMRS provides retirement, disability, and death benefits. Benefit provisions are adopted by the governing body of the Town, within the options available in the state statutes governing TMRS. At retirement, the benefit is calculated as if the sum of the employee’s contributions, with interest, and the city-financed monetary credits with interest were used to purchase an annuity. Members may choose to receive their retirement benefit in one of seven payments options. Members may also choose to receive a portion of their benefit as a Partial Lump Sum Distribution in an amount equal to 12, 24, or 36 monthly payments, which cannot exceed 75% of the member’s deposits and interest Beginning in 2009, the Town granted an annually repeating (automatic) basis monetary credit referred to as an updated service credit (USC) which is a theoretical amount that takes into account salary increases or plan improvements. If at any time during their career an employee earns a USC, this amount remains in their account earning interest at 5% until retirement. At retirement, the benefit is calculated as if the sum of the employee’s accumulated contributions with interest and the employer match plus employer-financed monetary credits, such as USC, with interest were used to purchase an annuity. Additionally, initiated in 2009, the Town provided on an annually repeating (automatic) basis cost of living adjustments (COLA) for retirees equal to a percentage of the change in the consumer price index (CPI). Employee deposit rate 7% Matching ratio (City to employee)2 to 1 Years required for vesting 5 Service retirement eligibility 20 years at any age, 5 years at age 60 and above Updated service credit 100% repeating, transfers Annuity increase to retirees 70% of CPI repeating Employees Covered by Benefit Terms At the December 31, 2020 valuation and measurement date, the following numbers of employees were covered by the benefit terms: Inactive employees or beneficiaries currently receiving benefits 25 Inactive employees entitled to but not yet receiving benefits 110 Active employees 256 Total 391 Page 182 Item 13. 42 Contributions The contribution rates for employees in TMRS are either 5%, 6%, or 7% of employee gross earnings, and the municipal matching percentages are either 100%, 150%, or 200%, both as adopted by the governing body of the municipality. Under the state law governing TMRS, the contribution rate for each municipality is determined annually by the actuary, using the Entry Age Normal (EAN) actuarial cost method. The actuarially determined rate is the estimated amount necessary to finance the cost of benefits earned by employees during the year, with an additional amount to finance any unfunded accrued liability. Employees for the Town were required to contribute 7% of their annual gross earnings during the fiscal year. The Town increased its employee contribution rate during the year. The contribution rates for the Town were 13.54% and 13.74% in calendar years 2020 and 2021, respectively. The Town’s contributions to TMRS for the year ended September 30, 2021, were $2,790,352, and were equal to the required contributions. Net Pension Liability The Town’s Net Pension Liability (NPL) was measured as of December 31, 2020, and the Total Pension Liability (TPL) used to calculate the Net Pension Liability was determined by an actuarial valuation as of that date. Actuarial Assumptions The Total Pension Liability in the December 31, 2020 actuarial valuation was determined using the following actuarial assumptions: Inflation 2.50% per year Overall payroll growth 2.75% per year Investment Rate of Return 6.75% net of pension plan investment expense, expense, including inflation Salary increases are based on a service-related table. Mortality rates for active members are based on the PUB (10) mortality tables with the Public Safety table used for males and the General Employee table used for females. Mortality rates for healthy retirees and beneficiaries are based on the Gender- distinct 2019 Municipal Retirees of Texas mortality table. The rates for actives, healthy retirees and beneficiaries are projected on a fully generational basis by Scale UMP to account for future mortality improvements. For disabled annuitants, the same mortality tables for healthy retirees is used with a 4- year set-forward for males and a 3-year set-forward for females. In addition, a 3.5% and 3.0% minimum mortality rate is applied, for males and females respectively, to reflect the impairment for younger members who become disabled. The rates are projected on fully generational basis by Scale UMP to account for future mortality improvements subject to the floor. The actuarial assumptions were developed pri marily from the actuarial investigation of the experience of TMRS over the four-year period from December 31, 2014 to December 31, 2018. The were adopted in 2019 and first used in the December 31, 2019 actuarial valuation. The post -retirement mortality assumption for Annuity Purchase Rates (APRs) is based on the Mortality Experience Investigation Study covering 2009 through 2011 and dated December 31, 2013. Plan assets are managed on a total return basis with an emphasis on both capital appreciation as well as the production of income in order to satisfy the short-term and long-term funding needs of TMRS. Page 183 Item 13. 43 The long-term expected rate of return on pension plan investments was determined using a building - block method in which best estimate ranges of expected future real rates of return (expected returns, net of pension plan investment expenses and inflation) are developed for each major asset class. These ranges are combined to produce the long-term expected rate of return by weighting the expected future real rates of return by the target asset allocation percentage and by adding expected inflation. In determining their best estimate of a recommended investment return assumption under the various alternative asset allocation portfolios, GRS focused on the area between (1) arithmetic mean (aggressive) without an adjustment for time (conservative) and (2) the geometric mean (conservative) with an adjustment for time (aggressive). The target allocation and best estimates of arithmetic real rates return for each major asset class in fiscal year 2021 are summarized in the following table: Long-Term Expected Real Rate of Return Asset Class Target Allocation (Arithmetic) Global Equity 30.00% 5.30% Core fixed income 10.00% 1.25% Non-core fixed income 20.00% 4.14% Real return 10.00% 3.85% Real estate 10.00% 4.00% Absolute return 10.00% 3.48% Private equity 10.00% 7.75% Total 100.00% Discount Rate The discount rate used to measure the Total Pension Liability was 6.75%. The projection of cash flows used to determine the discount rate assumed that employee and employer contributions will be made at the rates specified in statute. Based on that assumption, the pension plan’s Fiduciary Net Positi on was projected to be available to make all projected future benefit payments of current active and inactive employees. Therefore, the long-term expected rate of return on pension plan investments was applied to all periods of projected benefit payments to determine the Total Pension Liability. Changes in Net Pension Liability The Town’s net pension liability is generally liquidated by the General Fund and Proprietary Funds. At September 30, 2021, the Town reported the following changes in Net Pension Liability: Total Pension Plan Fiduciary Net Pension Liability Net Position Liability (a)(b)(a)-(b) Balance at 12/31/2019 25,960,055$ 22,688,840$ 3,271,215$ Changes for the year: Service cost 3,518,263 - 3,518,263 Interest 1,863,749 - 1,863,749 Difference between expected and actual experience 511,802 - 511,802 Change in assumptions - - - Contributions - employer - 2,484,991 2,484,991)( Contributions - employee - 1,284,707 1,284,707)( Net investment income - 1,730,745 1,730,745)( Benefit payments, including refunds of employee contributions 216,188)( 216,188)( - Administrative expense - 11,144)( 11,144 Other changes - 434)( 434 Net changes 5,677,626 5,272,677 404,949 Balance at 12/31/2020 31,637,681$ 27,961,517$ 3,676,164$ Increase (Decease) Page 184 Item 13. 44 At September 30, 2021, the Component Unit reported the following changes in Net Pension Liability: Total Pension Plan Fiduciary Net Pension Liability Net Position Liability (a)(b)(a)-(b) Balance at 12/31/2019 543,319$ 474,856$ 68,463$ Changes for the year: Service cost 73,634 - 73,634 Interest 39,006 - 39,006 Difference between expected and actual experience 10,712 - 10,712 Change in assumptions - - - Contributions - employer - 52,009 52,009)( Contributions - employee - 26,888 26,888)( Net investment income - 36,223 36,223)( Benefit payments, including refunds of employee contributions 4,525)( 4,525)( - Administrative expense - 233)( 233 Other changes - 11)( 11 Net changes 118,827 110,351 8,476 Balance at 12/31/2020 662,146$ 585,207$ 76,939$ Increase (Decease) The following presents the net pension liability of the Town and component unit, calculated using the discount rate of 6.75%, as well as what the Town’s net pension liability would be if it were calculated using a discount rate that is 1-percentage-point lower (5.75%) or 1-percentage-point higher (7.75%) than the current rate: 1% Decrease in Current Single 1% Increase in Discount Rate Discount Rate Discount Rate (5.75%)(6.75%)(7.75%) Town's net pension liability 9,851,979$ 3,676,164$ 1,235,748)$( Component unit's net pension liability 206,193 76,939 25,863)( Total 10,058,172$ 3,753,103$ 1,261,611)$( Pension Plan Fiduciary Net Position Detailed information about the pension plan’s Fiduciary Net Position is available in a separately issued TMRS financial report. That report may be obtained electronically at www.TMRS.com. Pension Expense, Deferred Outflows of Resources and Deferred Inflows of Resources Related to Pensions For the year ended September 30, 2021, the Town and component unit recognized pension expense of $2,641,052 and $55,275, respectively. At September 30, 2021, the Town reported deferred outflows of resources and deferred inflows of resources related to pensions from the following sources: Deferred Outflows Deferred Inflows of Resources of Resources Differences between expected and actual economic experience 1,221,737$ 54,706$ Changes in actuarial assumptions 57,884 1,727 Difference between projected and actual investment earnings - 634,562 Contributions subsequent to the measurement date 2,052,034 - Total 3,331,655$ 690,995$ Page 185 Item 13. 45 At September 30, 2021, the component unit reported deferred outflows of resources and deferred inflows of resources related to pensions from the following sources: Deferred Outflows Deferred Inflows of Resources of Resources Differences between expected and actual economic experience 25,570$ 1,145$ Changes in actuarial assumptions 1,211 36 Difference between projected and actual investment earnings - 13,281 Contributions subsequent to the measurement date 42,947 - Total 69,728$ 14,462$ The Town and component unit reported $2,052,033 and 42,947, respectively, as deferred outflows of resources related to pensions resulting from contributions subsequent to the measurement date will be recognized as a reduction of the net pension liability for the year ending September 30, 2022. Other amounts reported as deferred outflows and inflows of resources related to pensions will be recognized in pension expense as follows: For the Year Ended Component September 30,City Unit 2021 66,064$ 1,383$ 2022 209,552 4,386 2023 75,635)( 1,583)( 2024 214,154 4,482 2025 141,755 2,967 Thereafter 32,736 684 XII. TAX ABATEMENTS AND ECONOMIC INCENTIVES The Town enters into economic development agreements designed to promote development and redevelopment within the Town, spur economic improvement, stimulate commercial activity, generate additional sales tax and enhance the property tax base and economic v itality of the Town. These programs abate or rebate property tax and sales tax and include incentive payments and reductions in fees that are not tied to taxes. The Town’s economic development agreements are authorized under Chapter 380 of the Texas Loca l Government Code and Chapter 311 (Tax Increment Financing Act) of the Texas Tax Code. Recipients may be eligible to receive economic assistance based on the employment impact, economic impact, or community impact of the project requesting assistance. Recipients receiving assistance generally commit to building or remodeling real property and related infrastructure, expanding operations, or bringing targeted businesses to the Town. General Economic Development The Town has entered into various agreements that may rebate a flat amount or percentage of property taxes or sales tax received by the Town or repay developers for the construction of impact fee eligible projects. For fiscal year 2021, the Town rebated $917,603 in property and sales taxes, and repaid developers for infrastructure agreements with $4,586,719 in impact fees. Tax Increment Reinvestment Zone The Town has established two tax increment reinvestment zone (TIRZ) districts under Chapter 311, Texas Tax Code to promote local economic development and stimulate business and commercial activity within the Town and to develop and diversify the economy of the state by eliminating unemployment and underemployment and developing or expanding commerce in the state, including the enhan cement of land and the Town. Each district has a base year, and incremental property tax revenues exceeding the base year amount are collected into a special revenue fund. Additionally, other taxing entities may participate in the TIRZ districts. Each participating entity’s governing body sets the percentage of increment that they will contribute to the TIRZ fund. Page 186 Item 13. 46 In December 2015, Town Council appointed a TIRZ Board to approve final project and finance plan and to enter into a participation agreement that provides participation in the TIRZ. Unlike other contractual obligations, TIRZ grants are subject to availability of TIRZ funds, and any balance owed to a developer at the termination of the TIRZ district will no longer be considered an obligation of the Town. The following table summarizes key statistics of each of the Town’s TIRZ districts. TIRZ #1 TIRZ #2 Tax year established 2008 2012 Town's participation 70%70% Other taxing entities Collin County Collin County Participating 50%50% Tax year terminates 2045 2037 The development agreement for TIRZ #1 provides for development of approximately 600 acres of land located in the Town of Prosper and known as the Gates of Prosper. This agreement provides for an economic development grant of $58,000,000 plus 3.5% interest compounded annually until paid in full or termination of the agreement. Funding for this grant is contingent upon the availability of tax revenues and impact fee revenues in TIRZ #1. Interest payments of $523,288 and payment towards construction of $1,612,269 were made during the fiscal year. The development agreement for TIRZ #2 provides for development of approximately 157 acres of land located in the Town of Prosper at the intersection of DNT and US Highway 380. This agreement provided for an economic development grant of $28,566,057 plus 3.5% interest compounded annually until paid in full or termination of the agreement. This development agreement was determined to be in default and the Town’s obligation is to pay all amounts due at the time of default which is currently $1,557,946. No interest will be calculated from the date of default, September 22, 2020, and forward. Funding for this grant is contingent upon the availability of tax revenues and impact fee revenues in TIRZ #2. Interest payments of $13,771 and no payments towards construction were made during the fiscal year. The following is a summary of the principal balance of the infrastructure reimbursement grants and development agreements associated with the Tax Increment Reinvestment Zones: TIRZ #1 TIRZ #2 Total Balance, October 1, 2020 14,951,090$ 1,653,764$ 16,604,854$ Additions/adjustments 5,302,900 - 5,302,900 Payments 2,135,557)( 95,818)( 2,231,375)( Balance, September 30, 2021 18,118,433$ 1,557,946$ 19,676,379$ XIII. COMMITMENTS AND CONTINGENCIES At September 30, 2021, the total estimated costs to complete significant construction projects in progress at year-end totaled approximately $43,418,242 for the Capital Projects Fund. XIV. SPECIAL ITEMS The Town entered into a compromise settlement agreement effective August 11, 2021, from a lawsuit filed by the Town. The Town’s dollar amount to be received was determined in accordance with the settlement agreement in the amount of $1.5 million. XV. PRIOR PERIOD ADJUSTMENT The Town’s beginning net position in the TIRZ 1 fund was restated upwards and the Water and Sewer Fund was restated downward in the same amount of $461,496. The Town incorrectly recorded impact fee revenue in the Water and Sewer Fund in the prior year that should have been recorded in the TIRZ 1 Fund in accordance with an ongoing financing agreement. Page 187 Item 13. REQUIRED SUPPLEMENTARY INFORMATION SECTION Page 188 Item 13. Variance With Final Budget Original Final Actual Positive Budget Budget Amounts (Negative) REVENUES Property 18,246,167$ 18,469,694$ 18,547,272$ 77,578$ Sales 5,793,141 7,577,110 8,313,558 736,448 Franchise 1,792,875 1,792,875 1,961,514 168,639 Licenses and permits 3,575,100 5,127,742 8,145,948 3,018,206 Charges for services 845,275 845,275 1,190,040 344,765 Grants 414,672 586,377 676,169 89,792 Investment income 85,000 85,000 112,301 27,301 Fines, fees, warrants and seizures 400,000 400,000 279,543 120,457)( Park fees 212,000 212,000 410,583 198,583 Miscellaneous 262,350 262,350 195,334 67,016)( Total revenues 31,626,580 35,358,423 39,832,262 4,473,839 EXPENDITURES Current: Administration 5,551,422 6,544,399 6,484,378 60,021 Police 5,725,135 6,142,033 4,747,282 1,394,751 Fire 7,167,332 7,931,662 7,107,648 824,014 Development Services 3,331,946 4,208,958 3,580,068 628,890 Public Works 3,222,064 3,273,522 2,567,404 706,118 Community Services 4,378,014 4,486,644 4,266,732 219,912 Engineering 2,023,347 2,055,123 1,882,206 172,917 Total expenditures 31,399,260 34,642,341 30,635,718 4,006,623 Excess of revenues over expenditures 227,320 716,082 9,196,544 8,480,462 OTHER FINANCING SOURCES (USES) Transfers in 1,071,820 1,071,820 1,071,820 - Transfers out 1,191,031)( 3,948,889)( 3,948,889)( - Total other financing sources (uses)119,211)( 2,877,069)( 2,877,069)( - CHANGE IN FUND BALANCE 108,109 2,160,987)( 6,319,475 8,480,462 FUND BALANCE - BEGINNING 13,923,232 13,923,232 13,923,232 - FUND BALANCE - ENDING 14,031,341$ 11,762,245$ 20,242,707$ 8,480,462$ FOR THE YEAR ENDED SEPTEMBER 30, 2021 GENERAL FUND SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE TOWN OF PROSPER, TEXAS BUDGET AND ACTUAL 47 Page 189 Item 13. 48 TOWN OF PROSPER, TEXAS NOTES TO BUDGETARY INFORMATION SEPTEMBER 30, 2021 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The Town follows these procedures in establishing budgetary data reflected in the financial statements: (1) The Town's fiscal year is from October 1st to September 30th. Beginning October 1st, the approved budgets are appropriated to the various funds and departments. Amendments may be made to the budget during the fiscal year in accordance with Town Charter provisions. These amendments shall be by ordinance and shall become an attachment to the original budget. Expenditures may not exceed appropriations at the department level without Town Council approval. The Town budgets for revenues and expenditures on a yearly basis. The final adoption of the Annual Budget takes place in September and the new fiscal year begins October 1. Final adoption of the budget by the Town Council constitutes the official appropriations as proposed by expenditures for the current year and constitute the basis of official levy of the property tax as the amount of tax to be assessed and collected for the corresponding tax year. (2) The Town Manager submits the proposed budget to Town Council, and it is made public for review. The proposed operating budget includes proposed expenditures and the means of financing them. This culminates into Town Council public hearings in August or September. At this time, the Town Council may further revise the proposed budget as it deems necessary. The final adoption of the Annual Budget takes place in September when the budget is legally enacted through the passage of an ordinance. (3) The budgetary and accounting policies contained in the budget document conform to generally accepted accounting principles (GAAP) as established by the Governmental Accounting Standards Board (GASB). The accounts of the Town are organized on the basis of funds and account groups, each of which is considered a separate budgetary and accounting entity. (4) Budgets are legally adopted for Governmental funds (General Fund, Impact Fee Fund, Debt Service Fund, Court Technology Fund, Court Security Fund, Parks Dedication Fund, Parks Improvement Fund, Police Special Purpose District Fund, Fire Special Purpose District Fund, TIRZ#1 Fund, TIRZ#2 Fund, Municipal Jury Fund, Contributions Fund, and the CARES Act Fund) and Proprietary Funds (Water and Sewer Fund, Stormwater Drainage Fund, and Internal Service Funds). (5) Budgetary comparison schedules are presented as required supplementary information for the General Fund and for each major special revenue fund. The Capital Projects Fund is budgeted over the life of the respective project and not on an annual basis. Escrow and ARPA Funds do not have legally adopted budgets. Accordingly, formal budgetary integration of these funds is not employed and comparison of actual results of operations to budgetary data for such funds is not presented. (6) The budgetary comparison schedules included in the required supplementary information present a comparison of budgetary data to actual results of operations for the General Fund and Impact Fees. A comparison of budgetary data to actual results of operations for the Debt Service Fund is presented as supplementary information. 2. EXCESS OF EXPENDITURES OVER APPROPRIATIONS At September 30, 2021, no expenditures exceeded appropriations. Page 190 Item 13. This Page Intentionally Left Blank Page 191 Item 13. Variance With Final Budget Original Final Actual Positive Budget Budget Amounts (Negative) REVENUES Impact fees 3,500,000$ 3,500,000$ 8,279,540$ 4,779,540$ Investment income 18,000 18,000 44,100 26,100 Total Revenues 3,518,000 3,518,000 8,323,640 4,805,640 EXPENDITURES Public Works 4,539,017 4,849,053 2,417,255 2,431,798 Total expenditures 4,539,017 4,849,053 2,417,255 2,431,798 Excess of revenues over expenditures 1,021,017)( 1,331,053)( 5,906,385 7,237,438 OTHER FINANCING SOURCES (USES) Transfers out - 320,025)( 320,025)( - Total other financing sources (uses)- 320,025)( 320,025)( - CHANGE IN FUND BALANCE 1,021,017)( 1,651,078)( 5,586,360 7,237,438 FUND BALANCE - BEGINNING 5,092,452 5,092,452 5,092,452 - FUND BALANCE - ENDING 4,071,435$ 3,441,374$ 10,678,812$ 7,237,438$ FOR THE YEAR ENDED SEPTEMBER 30, 2021 IMPACT FEE FUND SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE TOWN OF PROSPER, TEXAS BUDGET AND ACTUAL 49 Page 192 Item 13. Measurement year December 31,2020 2019 2018 Total pension liability Service cost 3,591,897$ 2,900,937$ 2,559,835$ Interest on total pension liability 1,902,755 1,541,809 1,255,581 Difference between expected and actual experience 522,514 693,569 526,914 Change or assumptions - 85,186 - Benefit payments/refunds of contributions 220,713)( 218,532)( 326,425)( Net change in total pension liability 5,796,453 5,002,969 4,015,905 Total pension liability, beginning 26,503,374 21,500,405 17,484,500 Total pension liability, ending (a)32,299,827$ 26,503,374$ 21,500,405$ Plan fiduciary net position Contributions - employer 2,537,000$ 2,051,549$ 1,802,565$ Contributions - employee 1,311,595 1,059,841 932,591 Net investment income 1,766,968 2,727,479 469,840)( Benefit payments/refunds of contributions 220,713)( 218,532)( 326,425)( Administrative expenses 11,377)( 15,339)( 9,048)( Other 445)( 460)( 473)( Net change in fiduciary net position 5,383,028 5,604,538 1,929,370 Fiduciary net position, beginning 23,163,696 17,559,158 15,629,788 Fiduciary net position, ending (b)28,546,724$ 23,163,696$ 17,559,158$ Net pension liability = (a)-(b)3,753,103 3,339,678 3,941,247 Fiduciary net position as a percentage of total pension liability 88.38%87.40%81.67% Covered - employee payroll 18,737,073$ 15,140,587$ 13,304,757$ Net Pension liability as a percentage of covered employee payroll 20.03%22.06%29.62% TOWN OF PROSPER, TEXAS SCHEDULE OF CHANGES IN NET PENSION LIABILITY AND RELATED RATIOS TEXAS MUNICIPAL RETIREMENT SYSTEM FOR THE YEAR ENDED SEPTEMBER 30, 2021 Note:GASB Statement 68 requires this schedule to report 10 years of data.Data prior to 2014 is not available. 50 Page 193 Item 13. 2017 2016 2015 2014 2,156,520$ 1,719,445$ 1,457,871$ 1,149,110$ 1,046,888 874,511 732,791 610,963 42,762)( 103,100)( 264,111 114,652)( - - 14,368)( - 214,667)( 96,666)( 71,162)( 47,637)( 2,945,979 2,394,190 2,369,243 1,597,784 14,538,521 12,144,331 9,775,088 8,177,304 17,484,500$ 14,538,521$ 12,144,331$ 9,775,088$ 1,526,920$ 1,101,478$ 914,153$ 723,677$ 794,089 623,310 539,096 471,670 1,650,563 650,853 12,145 383,420 214,667)( 96,666)( 71,162)( 47,637)( 8,534)( 7,335)( 7,392)( 4,000)( 433)( 397)( 365)( 329)( 3,747,938 2,271,243 1,386,475 1,526,801 11,881,849 9,610,606 8,224,131 6,697,330 15,629,787$ 11,881,849$ 9,610,606$ 8,224,131$ 1,854,713 2,656,672 2,533,725 1,550,957 89.39%81.73%79.14%84.13% 11,344,133$ 8,904,427$ 7,701,377$ 6,738,149$ 16.35%29.84%32.90%23.02% 51 Page 194 Item 13. Fiscal Year ended September 30,2021 2020 Actuarially determined contribution 2,790,352$ 2,364,494$ Contributions in relation to the actuarially determined contribution 2,790,352 2,364,494 Contribution deficiency (excess)- - Covered payroll 20,382,993 17,470,665 Contributions as a percentage of covered 13.69%13.53% payroll Valuation Date: Methods and Assumptions Used to Determine Contribution Rates: Actuarial cost method Entry Age Normal Amortization method Level Percentage of Payroll, Closed Remaining amortization period 24 years Asset valuation method 10 year smoothed market; 12% soft corridor Inflation 2.50% Salary increases 3.50% to 11.50% including inflation Investment rate of return 6.75% Retirement age Mortality Other Information: Notes There were no benefit changes during the year. Note:GASB Statement 68 requires this schedule to report 10 years of data.Data prior to 2015 is not available. Post-retirement:2019 Municipal Retirees of Texas Mortality Tables. The rates are projected on a fully generational basis with scale UMP. Pre-retirement:PUB(10)mortality tables,with the Public Safety table used for males and the General Employee table used for females.The rates are projected on a fully generational basis with scale UMP. NOTES TO SCHEDULE OF CONTRIBUTIONS TOWN OF PROSPER, TEXAS SCHEDULE OF EMPLOYER CONTRIBUTIONS TEXAS MUNICIPAL RETIREMENT SYSTEM FOR THE YEAR ENDED SEPTEMBER 30, 2021 Note:GASB Statement No.68 requires 10 years of data to be provided in this schedule.As of yearend,all years are not available. Additional years will be added in the future as the information becomes available. Experience-based table of rates that are specific to the City's plan of benefits.Last updated for the 2019 valuation pursuant to an experience study of the period 2014 - 2018 Actuarially determined contribution rates are calculated as of December 31st and become effective in January, 13 months later. 52 Page 195 Item 13. 2019 2018 2017 2016 2015 1,974,212$ 1,739,754$ 1,460,414$ 1,073,556$ 842,892$ 1,974,212 1,739,754 1,431,283 1,072,237 842,892 - - 29,131 1,319 - 14,574,706 12,884,881 10,850,030 7,678,705 7,560,918 13.55%13.50%13.20%12.40%11.10% 53 Page 196 Item 13. This Page Intentionally Left Blank Page 197 Item 13. COMBINING AND INDIVIDUAL FUND SCHEDULES Page 198 Item 13. This Page Intentionally Left Blank Page 199 Item 13. NONMAJOR GOVERNMENTAL FUNDS COURT TECHNOLOGY FUND – This fund is to account for a misdemeanor offense and pay a technology fee as technology cost of the Court. These funds are used to finance the purchase of, or to maintain technology enhancements for the Municipal Court for the following: computer systems, networks, hardware and software, electric kiosks, electronic ticket writers, and docket management systems. COURT SECURITY FUND – This fund is used to account for a misdemeanor offense and pay a security fee as a cost of the court. These funds are used to finance security personnel, services and items related to the facility that house the operations of the municipal court. PARKS DEDICATION FUND – This fund is to account for contributions to the Town for the creation of parks within the Town per development agreements. Fund expenditures must be used for the acquisition, development, expansion, or upgrading of parks located within the same park district or general area where the proposed development for which payment was made is located. PARKS IMPROVEMENT FUND – This fund is to account for contributions to the Town for improvements to Town parks per development agreements. Developers are reimbursed for the reasonable costs of any park improvements constructed and accepted by the Town. POLICE SPD – The Town of Prosper held a special election in 2018 that established a Crime Control and Prevention Special Purpose District allowed under Texas Local Government Code, Chapter 363 and Texas Tax Code, Section 323.105. Crime Control and Prevention District is dedicated to crime reduction programs and the dedication of a one-fourth of one percent sales and use tax. FIRE SPD – The Town of Prosper held a special election in 2018 that established a Fire Control, Prevention, and Emergency Medical Services Special Purpose District allowed under Texas Local Government Code, Chapter 344 and Texas Tax Code, Section 321.106. Fire Control, Prevention and Emergency Medical Services District is dedicated to fire safety and emergency medical services programs and the dedication of a one‐fourth of one percent sales and use tax. TIRZ 1 FUND – The Town of Prosper designated a certain area within the Town as Tax Increment Reinvestment Zone Number 1 in 2008. The Town Council desires to promote the development or redevelopment of said geographic area by designation of a reinvestment zone, as authorized by the Tax Increment Financing Act, Chapter 311 of the Texas Tax Code. This fund is to account for the restricted revenue sources detailed in the agreement along with the reimbursements to the developer for agreed upon expenditures. TIRZ 2 FUND – The Town of Prosper designated a certain area within the Town as Tax Increment Reinvestment Zone Number 2 in 2013. The Town Council desires to promote the development or redevelopment of said geographic area by designation of a reinvestment zone, as authorized by the Tax Increment Financing Act, Chapter 311 of the Texas Tax Code. This fund is to account for the restricted revenue sources detailed in the agreement along with the reimbursements to the developer for agreed upon expenditures. MUNICIPAL JURY FUND – This fund is used to fund juror reimbursements and otherwise finance jury services. CARES ACT FUND – The Coronavirus Aid, Relief, and Economic Security (CARES) Act was passed by Congress and signed into law on March 27th, 2020. This fund is used to account for grant funds awarded and expenditures related to the CARES Act. CONTRIBUTIONS FUND – This fund is used to account for various special revenue sources. Typical revenues seen in this fund would include Police Department donations, Fire Department donations, Police Seized funds, Child Safety funds, and developer contributions. Page 200 Item 13. Court Court Parks Parks Technology Security Dedication Improvement Fund Fund Fund Fund ASSETS Cash and cash equivalents 6,123$ 12,178$ 748,236$ 443,594$ Investments 9,529 18,952 1,164,405 690,320 Taxes receivable (net)- - - - Accounts receivable (net)- - - - Accrued interest 17 34 2,061 1,222 Total assets 15,669 31,164 1,914,702 1,135,136 LIABILITIES Accounts payable and accrued expenses - - - 137,171 Retainage payable - - - 17,939 Total liabilities - - - 155,110 DEFERRED INFLOWS OF RESOURCES Unavailable revenue: Interest - - 11 6 Total deferred inflows of resources - - 11 6 FUND BALANCES Restricted for: Capital projects - - - - Courts 15,669 31,164 - - Police - - - - Fire - - - - Parks - - 1,914,691 980,020 Other - - - - Total fund balances 15,669 31,164 1,914,691 980,020 Total liabilities, deferred inflows of Resources and fund balances 15,669$ 31,164$ 1,914,702$ 1,135,136$ TOWN OF PROSPER, TEXAS COMBINING BALANCE SHEET - NONMAJOR GOVERNMENTAL FUNDS SEPTEMBER 30, 2021 54 Page 201 Item 13. Crime Fire Municipal CARES Total Nonmajor Control Prevention TIRZ 1 TIRZ 2 Jury Act Contributions Governmental District District Fund Fund Fund Fund Fund Funds 12,221$ 11,595$ 655,256$ 9,792$ 97$ -$ 308,910$ 2,208,002$ 19,019 18,044 1,019,711 15,239 151 - 480,724 3,436,094 444,095 441,926 237,613 - - - - 1,123,634 - - - - - - 7,678 7,678 34 32 1,805 27 - - 851 6,083 475,369 471,597 1,914,385 25,058 248 - 798,163 6,781,491 44,700 57,812 443,767 - - - - 683,450 - - - - - - - 17,939 44,700 57,812 443,767 - - - - 701,389 - - 9 - - - 4 30 - - 9 - - - 4 30 - - 1,470,609 25,058 - - - 1,495,667 - - - - 248 - - 47,081 430,669 - - - - - 171,136 601,805 - 413,785 - - - - 13,153 426,938 - - - - - - - 2,894,711 - - - - - - 613,870 613,870 430,669 413,785 1,470,609 25,058 248 - 798,159 6,080,072 475,369$ 471,597$ 1,914,385$ 25,058$ 248$ -$ 798,163$ 6,781,491$ 55 Page 202 Item 13. Court Court Parks Parks Technology Security Dedication Improvement Fund Fund Fund Fund REVENUES Taxes: Property -$ -$ -$ -$ Sales - - - - Impact fees - - - - Grants - - - 500,000 Investment income 99 176 8,944 5,265 Fines, fees, warrants, and seizures 7,117 8,321 - - Contributions - - 19,946 123,370 Miscellaneous - - - - Total revenues 7,216 8,497 28,890 628,635 EXPENDITURES Current: Administration 9,050 11,634 - - Police - - - - Fire - - - - Community services - - - 815,066 Total expenditures 9,050 11,634 - 815,066 Excess (Deficiency) of revenue Over expenditures 1,834)( 3,137)( 28,890 186,431)( OTHER FINANCING SOURCES Transfers in - - 392,217 - Total Other Financing Sources - - 392,217 - NET CHANGE IN FUND BALANCES 1,834)( 3,137)( 421,107 186,431)( FUND BALANCES - BEGINNING 17,503 34,301 1,493,584 1,166,451 PRIOR PERIOD ADJUSTMENTS - - - - FUND BALANCES, BEGINNING, RESTATED 17,503 34,301 1,493,584 1,166,451 FUND BALANCES - ENDING 15,669$ 31,164$ 1,914,691$ 980,020$ TOWN OF PROSPER, TEXAS COMBINING STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE - NONMAJOR GOVERNMENTAL FUNDS FOR THE YEAR ENDED SEPTEMBER 30, 2021 56 Page 203 Item 13. Crime Fire Municipal CARES Total Nonmajor Control Prevention TIRZ 1 TIRZ 2 Jury Act Contributions Governmental District District Fund Fund Fund Fund Fund Funds -$ -$ 609,152$ 13,484$ -$ -$ -$ 622,636$ 2,192,022 2,183,482 1,267,842 - - - - 5,643,346 - - 962,724 - - - - 962,724 - - - - - 1,419,369 - 1,919,369 1,642 654 3,691 155 - - 2,690 23,316 - - - - 157 - 5,575 21,170 - - - - - - 382,369 525,685 - - - - - - 3,111 3,111 2,193,664 2,184,136 2,843,409 13,639 157 1,419,369 393,745 9,721,357 - - 2,135,556 13,770 - 1,420,611 25,432 3,616,053 2,065,434 - - - - - - 2,065,434 - 1,974,333 - - - - - 1,974,333 - - - - - - - 815,066 2,065,434 1,974,333 2,135,556 13,770 - 1,420,611 25,432 8,470,886 128,230 209,803 707,853 131)( 157 1,242)( 368,313 1,250,471 - - - - - - - 392,217 - - - - - - - 392,217 128,230 209,803 707,853 131)( 157 1,242)( 368,313 1,642,688 302,439 203,982 301,260 25,189 91 1,242 429,846 3,975,888 - - 461,496 - - - - 461,496 302,439 203,982 762,756 25,189 91 1,242 429,846 4,437,384 430,669$ 413,785$ 1,470,609$ 25,058$ 248$ -$ 798,159$ 6,080,072$ 57 Page 204 Item 13. Variance With Final Budget Original Final Actual Positive Budget Budget Amounts (Negative) REVENUES Property taxes 7,549,503$ 7,549,503$ 7,690,750$ 141,247$ Investment income 45,000 45,000 24,381 20,619)( Total Revenue 7,594,503 7,594,503 7,715,131 120,628 EXPENDITURES Debt service: Principal 4,275,377 4,275,377 4,275,377 - Interest and fiscal charges 3,404,364 3,404,364 3,404,363 1 Bond issue costs and fees 20,000 20,000 14,670 5,330 Total Expenditures 7,699,741 7,699,741 7,694,410 5,331 Excess of revenues over expenditures 105,238)( 105,238)( 20,721 125,959 CHANGE IN FUND BALANCE 105,238)( 105,238)( 20,721 125,959 FUND BALANCE - BEGINNING 2,619,367 2,619,367 2,619,367 - FUND BALANCE - ENDING 2,514,129$ 2,514,129$ 2,640,088$ 125,959$ FOR THE YEAR ENDED SEPTEMBER 30, 2021 DEBT SERVICE FUND SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE TOWN OF PROSPER, TEXAS BUDGET AND ACTUAL 58 Page 205 Item 13. Variance With Final Budget Original Final Actual Positive Budget Budget Amounts (Negative) REVENUES Fines, fees, warrants, and seizures 8,200$ 8,200$ 7,117$ 1,083)$( Investment income 150 150 99 51)( Total revenues 8,350 8,350 7,216 1,134)( EXPENDITURES Administration 25,700 25,700 9,050 16,650 Total expenditures 25,700 25,700 9,050 16,650 CHANGE IN FUND BALANCE 17,350)( 17,350)( 1,834)( 15,516 FUND BALANCE - BEGINNING 17,503 17,503 17,503 - FUND BALANCE - ENDING 153$ 153$ 15,669$ 15,516$ FOR THE YEAR ENDED SEPTEMBER 30, 2021 COURT TECHNOLOGY FUND SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND NET POSITION TOWN OF PROSPER, TEXAS BUDGET AND ACTUAL 59 Page 206 Item 13. Variance With Final Budget Original Final Actual Positive Budget Budget Amounts (Negative) REVENUES Fines, fees, warrants, and seizures 7,000$ 7,000$ 8,321$ 1,321$ Investment income 250 250 176 74)( Total revenues 7,250 7,250 8,497 1,247 EXPENDITURES Administration 18,528 18,528 11,634 6,894 Total expenditures 18,528 18,528 11,634 6,894 CHANGE IN FUND BALANCE 11,278)( 11,278)( 3,137)( 8,141 FUND BALANCE - BEGINNING 34,301 34,301 34,301 - FUND BALANCE - ENDING 23,023$ 23,023$ 31,164$ 8,141$ FOR THE YEAR ENDED SEPTEMBER 30, 2021 COURT SECURITY FUND SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND NET POSITION TOWN OF PROSPER, TEXAS BUDGET AND ACTUAL 60 Page 207 Item 13. Variance With Final Budget Original Final Actual Positive Budget Budget Amounts (Negative) REVENUES Contributions 200,000$ 200,000$ 19,946$ 180,054)$( Investment income 8,000 8,000 8,944 944 Total revenues 208,000 208,000 28,890 179,110)( EXPENDITURES Community service 250,000 250,000 - 250,000 Total Expenditures 250,000 250,000 - 250,000 OTHER FINANCING SOURCES Transfers in - - 392,217 392,217 Total other financing sources - - 392,217 392,217 CHANGE IN FUND BALANCE 42,000)( 42,000)( 421,107 463,107 FUND BALANCE - BEGINNING 1,493,584 1,493,584 1,493,584 - FUND BALANCE - ENDING 1,451,584$ 1,451,584$ 1,914,691$ 463,107$ FOR THE YEAR ENDED SEPTEMBER 30, 2021 PARKS DEDICATION FUND SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND NET POSITION TOWN OF PROSPER, TEXAS BUDGET AND ACTUAL 61 Page 208 Item 13. Variance With Final Budget Original Final Actual Positive Budget Budget Amounts (Negative) REVENUES Investment income 7,500$ 7,500$ 5,265$ (2,235)$ Grants 500,000 500,000 500,000 - Contributions 100,000 100,000 123,370 23,370 Total revenues 607,500 607,500 628,635 21,135 EXPENDITURES Community service 1,546,255 1,649,567 815,066 834,501 Total Expenditures 1,546,255 1,649,567 815,066 834,501 CHANGE IN FUND BALANCE 938,755)( 1,042,067)( 186,431)( 855,636 FUND BALANCE - BEGINNING 1,166,451 1,166,451 1,166,451 - FUND BALANCE - ENDING 227,696$ 124,384$ 980,020$ 855,636$ FOR THE YEAR ENDED SEPTEMBER 30, 2021 PARKS IMPROVEMENT FUND SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND NET POSITION TOWN OF PROSPER, TEXAS BUDGET AND ACTUAL 62 Page 209 Item 13. Variance With Final Budget Original Final Actual Positive Budget Budget Amounts (Negative) REVENUES Sales taxes 1,564,807$ 2,068,570$ 2,192,022$ 123,452$ Investment income 300 1,690 1,642 48)( Total revenues 1,565,107 2,070,260 2,193,664 123,404 EXPENDITURES Police 1,425,708 2,065,435 2,065,434 1 Total expenditures 1,425,708 2,065,435 2,065,434 1 CHANGE IN FUND BALANCE 139,399 4,825 128,230 123,405 FUND BALANCE - BEGINNING 302,439 302,439 302,439 - FUND BALANCE - ENDING 441,838$ 307,264$ 430,669$ 123,405$ TOWN OF PROSPER, TEXAS SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND NET POSITION CRIME CONTROL DISTRICT FUND BUDGET AND ACTUAL FOR THE YEAR ENDED SEPTEMBER 30, 2021 63 Page 210 Item 13. Variance With Final Budget Original Final Actual Positive Budget Budget Amounts (Negative) REVENUES Sales taxes 1,564,807$ 2,061,850$ 2,183,482$ 121,632$ Investment income - 660 654 6)( Total revenues 1,564,807 2,062,510 2,184,136 121,626 EXPENDITURES Fire 1,490,812 1,974,335 1,974,333 2 Total expenditures 1,490,812 1,974,335 1,974,333 2 CHANGE IN FUND BALANCE 73,995 88,175 209,803 121,628 FUND BALANCE - BEGINNING 203,982 203,982 203,982 - FUND BALANCE - ENDING 277,977$ 292,157$ 413,785$ 121,628$ TOWN OF PROSPER, TEXAS SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND NET POSITION FIRE PREVENTION DISTRICT FUND BUDGET AND ACTUAL FOR THE YEAR ENDED SEPTEMBER 30, 2021 64 Page 211 Item 13. Variance With Final Budget Original Final Actual Positive Budget Budget Amounts (Negative) REVENUES Property taxes 687,722$ 687,722$ 609,152$ 78,570)$( Sales taxes 1,033,306 1,033,306 1,267,842 234,536 Impact fees 1,000,000 1,000,000 962,724 37,276)( Investment income 2,000 2,000 3,691 1,691 Total revenues 2,723,028 2,723,028 2,843,409 120,381 EXPENDITURES Administration 2,723,028 2,723,028 2,135,556 587,472 Total expenditures 2,723,028 2,723,028 2,135,556 587,472 Excess of revenues over expenditures - - 707,853 707,853 CHANGE IN FUND BALANCE - - 707,853 707,853 FUND BALANCE - BEGINNING 301,260 301,260 301,260 - PRIOR PERIOD ADJUSTMENTS - - 461,496 461,496 FUND BALANCES, BEGINNING, RESTATED - - 762,756 762,756 FUND BALANCE - ENDING 301,260$ 301,260$ 1,470,609$ 1,169,349$ FOR THE YEAR ENDED SEPTEMBER 30, 2021 TIRZ 1 FUND SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND NET POSITION TOWN OF PROSPER, TEXAS BUDGET AND ACTUAL 65 Page 212 Item 13. Variance With Final Budget Original Final Actual Positive Budget Budget Amounts (Negative) REVENUES Sales tax 20$ -$ -$ -$ Property taxes 12,837 13,485 13,484 1)( Investment income 150 200 155 45)( Total Revenues 13,007 13,685 13,639 46)( EXPENDITURES Administration 13,007 13,775 13,770 5 Total expenditures 13,007 13,775 13,770 5 CHANGE IN FUND BALANCE - 90)( 131)( 41)( FUND BALANCE - BEGINNING 25,189 25,189 25,189 - FUND BALANCE - ENDING 25,189$ 25,099$ 25,058$ 41)$( FOR THE YEAR ENDED SEPTEMBER 30, 2021 TIRZ 2 FUND SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND NET POSITION TOWN OF PROSPER, TEXAS BUDGET AND ACTUAL 66 Page 213 Item 13. Variance With Final Budget Original Final Actual Positive Budget Budget Amounts (Negative) REVENUES Fines, fees, warrants, and seizures -$ -$ 157$ 157$ Total Revenues - - 157 157 CHANGE IN FUND BALANCE - - 157 157 FUND BALANCE - BEGINNING 91 91 91 - FUND BALANCE - ENDING 91$ 91$ 248$ 157$ TOWN OF PROSPER, TEXAS SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND NET POSITION MUNICIPAL JURY FUND BUDGET AND ACTUAL FOR THE YEAR ENDED SEPTEMBER 30, 2021 67 Page 214 Item 13. Variance With Final Budget Original Final Actual Positive Budget Budget Amounts (Negative) REVENUES Grants -$ 1,419,080$ 1,419,369$ 289$ Total Revenues - 1,419,080 1,419,369 289 EXPENDITURES Administration - 1,420,318 1,420,611 293)( Total expenditures - 1,420,318 1,420,611 293)( CHANGE IN FUND BALANCE - 1,238)( 1,242)( 4)( FUND BALANCE - BEGINNING 1,242 1,242 1,242 - FUND BALANCE - ENDING 1,242$ 4$ -$ 4)$( TOWN OF PROSPER, TEXAS SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND NET POSITION CARES ACT FUND BUDGET AND ACTUAL FOR THE YEAR ENDED SEPTEMBER 30, 2021 68 Page 215 Item 13. Variance With Final Budget Original Final Actual Positive Budget Budget Amounts (Negative) REVENUES Investment income 2,000$ 2,000$ 2,690$ 690$ Contributions 37,000 37,000 382,369 345,369 Fines, fees, warrants, and seizures - - 5,575 5,575 Miscellaneous - - 3,111 3,111 Total Revenues 39,000 39,000 393,745 354,745 EXPENDITURES Administration 227,018 231,175 25,432 205,743 Total Expenditures 227,018 231,175 25,432 205,743 Excess of revenues over expenditures 188,018)( 192,175)( 368,313 560,488 CHANGE IN FUND BALANCE 188,018)( 192,175)( 368,313 560,488 FUND BALANCE - BEGINNING 429,846 429,846 429,846 - FUND BALANCE - ENDING 241,828$ 237,671$ 798,159$ 560,488$ FOR THE YEAR ENDED SEPTEMBER 30, 2021 CONTRIBUTIONS FUND SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND NET POSITION TOWN OF PROSPER, TEXAS BUDGET AND ACTUAL 69 Page 216 Item 13. INTERNAL SERVICE FUNDS VEHICLE & EQUIPMENT REPLACEMENT FUND (VERF) – Used to accumulate sufficient resources to replace existing vehicles and equipment when they reach or exceed their useful life. The internal program was designed for departments to contribute annual payments to the fund based on the number, type, average life expectancy, and the projected replacement cost of the vehicles/equipment. HEALTH INSURANCE TRUST FUND - The Town of Prosper initiated a self‐funded health and dental plan effective January 1, 2017 for Town employees and their dependents. The Town maintains the Employee Health Insurance Trust Fund to account for the Town's employee health and dental care coverage. Page 217 Item 13. Vehicle Health Total & Equipment Insurance Internal Replacement Trust Fund Service Funds ASSETS Current assets: Cash and cash equivalents 1,624,398$ 328,465$ 1,952,863$ Investments 2,529,866 458,245 2,988,111 Receivables, net - 39,566 39,566 Accrued interest 4,478 811 5,289 Prepaids - - - Total current assets 4,158,742 827,087 4,985,829 Noncurrent assets: Capital assets: Depreciable, net 3,356,352 - 3,356,352 Total noncurrent assets 3,356,352 - 3,356,352 Total assets 7,515,094 827,087 8,342,181 LIABILITIES Current liabilities: Accounts payable and accrued expenses 196,402 259,874 456,276 Total current liabilities 196,402 259,874 456,276 Noncurrent liabilities: Total liabilities 196,402 259,874 456,276 DEFERRED INFLOWS OF RESOURCES NET POSITION Net investment in capital assets 3,356,352 - 3,356,352 Unrestricted 3,962,340 567,213 4,529,553 Total net position 7,318,692$ 567,213$ 7,885,905$ TOWN OF PROSPER, TEXAS COMBINING STATEMENT OF NET POSITION - INTERNAL SERVICE FUNDS SEPTEMBER 30, 2021 70 Page 218 Item 13. Vehicle Health Total & Equipment Insurance Internal Replacement Trust Fund Service Funds OPERATING REVENUES Charges for services: Health charges -$ 3,233,653$ 3,233,653$ Equipment replacement 812,273 - 812,273 Miscellaneous 308,637 154,824 463,461 Total operating revenues 1,120,910 3,388,477 4,509,387 OPERATING EXPENSES Materials and supplies 36,377 - 36,377 Contractual services - 130,400 130,400 Employee health insurance - 3,448,426 3,448,426 Other operating costs 14,137 - 14,137 Depreciation 561,545 - 561,545 Total operating costs 612,059 3,578,826 4,190,885 Operating income (loss)508,851 190,349)( 318,502 NON-OPERATING REVENUES (EXPENSES) Investment income 10,374 1,470 11,844 Loss on disposal of property 25,186)( - 25,186)( Total non-operating revenues (expenses)14,812)( 1,470 13,342)( Income (loss) before contributions and transfers 494,039 188,879)( 305,160 CHANGE IN NET POSITION 494,039 188,879)( 305,160 NET POSITION - BEGINNING 6,824,653 756,092 7,580,745 NET POSITION - END OF YEAR 7,318,692$ 567,213$ 7,885,905$ TOWN OF PROSPER, TEXAS COMBINING STATEMENT OF REVENUES, EXPENSES AND CHANGES IN NET POSITION - INTERNAL SERVICE FUNDS FOR THE YEAR ENDED SEPTEMBER 30, 2021 71 Page 219 Item 13. Vehicle Health Total & Equipment Insurance Internal Replacement Trust Fund Service Funds CASH FLOWS FROM OPERATING ACTIVITIES Cash received from customers and users 1,120,910$ 3,379,011$ 4,499,921$ Cash payment to suppliers for goods and services 45,568)( - 45,568)( Cash payments for health expense - 3,502,526)( 3,502,526)( Net cash provided by operating activities 1,075,342 123,515)( 951,827 CASH FLOWS FROM CAPITAL & RELATED FINANCING ACTIVITIES Acquisition and construction of capital assets 698,080)( - 698,080)( Net cash provided (used) by capital and related financing activities 698,080)( - 698,080)( CASH FLOWS FROM INVESTING ACTIVITIES Investment purchases 382,958)( 77,031 305,927)( Interest on deposits and investments 34,669 16,794 51,463 Net cash provided by (used in) investing activities 348,289)( 93,825 254,464)( Net (decrease) increase in cash and cash equivalents 28,973 29,690)( 717)( Cash and cash equivalents at beginning of year 1,595,425 358,155 1,953,580 Cash and cash equivalents at end of year 1,624,398 328,465 1,952,863 RECONCILIATION OF OPERATING INCOME TO NET CASH PROVIDED BY OPERATING ACTIVITIES Operating income (loss)508,851 190,349)( 318,502 Adjustments to reconcile operating income to net cash provided by operating activities: Depreciation 561,545 - 561,545 Decrease (increase) in accounts receivable - 9,466)( 9,466)( Decrease (increase) in prepaid 4,946 - 4,946 Increase (decrease) in accounts payable - 76,300 76,300 Net cash provided by operating activities 1,075,342$ 123,515)$( 951,827$ TOWN OF PROSPER, TEXAS COMBINING STATEMENT OF CASH FLOWS - INTERNAL SERVICE FUNDS FOR THE YEAR ENDED SEPTEMBER 30, 2021 72 Page 220 Item 13. This Page Intentionally Left Blank Page 221 Item 13. STATISTICAL SECTION Page 222 Item 13. This Page Intentionally Left Blank Page 223 Item 13. STATISTICAL SECTION (UNAUDITED) This part of the Town’s annual comprehensive financial report presents detailed information as a context for understanding what the information in the financial statements, note disclosures and required supplementary information says about the Town’s overall financial health. Page Number Financial Trends 73 These schedules contain trend information to help the reader understand how the Town’s financial performance and well-being have changed over time. Revenue Capacity 83 These schedules contain information to help the reader assess the Town’s most significant local revenue sources. Although sales taxes are the Town’s most significant local revenue source, information about revenue base is unavailable and information about principal revenue payers is confidential under Texas statutes. Trend information about sales tax revenues is provided in Table 6. Additionally, information about the Town’s second most significant local revenue source, the property tax, is provided. Debt Capacity 90 These schedules present information to help the reader assess the affordability of the Town’s current levels of outstanding debt and the Town’s ability to issue additional debt in the future. Demographic and Economic Information 96 These schedules offer demographic and economic indicators to help the reader understand the environment within which the Town’s financial activities take place. Operating Information 98 These schedules contain service and infrastructure data to help the reader understand how the information in the Town’s financial report relates to the services the Town provides and the activities it performs. Sources – Unless otherwise noted, the information in these schedules is derived from the Annual Comprehensive Financial Report for the relevant year. Page 224 Item 13. 2012 2013 2014 2015 Governmental activities Net investment in capital assets 41,798$ 43,471$ 45,398$ 50,132$ Restricted 10,849 9,882 13,459 18,551 Unrestricted 8,432 10,176 10,126 11,485 Total governmental activities net position 61,079$ 63,529$ 68,983$ 80,168$ Business-type activities Net investment in capital assets 6,058$ 12,643$ 19,708$ 21,119$ Restricted - - - - Unrestricted 9,090 5,319 3,584 3,351 Total business-type activities net position 15,148$ 17,962$ 23,292$ 24,470$ Primary government Net investment in capital assets 47,856$ 56,114$ 65,106$ 71,251$ Restricted 10,849 9,882 13,459 18,551 Unrestricted 17,522 15,495 13,710 14,836 Total primary government net position 76,227$ 81,491$ 92,275$ 104,638$ Fiscal Year TOWN OF PROSPER, TEXAS NET POSITION BY COMPONENT LAST TEN FISCAL YEARS (ACCRUAL BASIS OF ACCOUNTING) (AMOUNTS EXPRESSED IN THOUSANDS) (UNAUDITED) 73 Page 225 Item 13. TABLE 1 2016 2017 2018 2019 2020 2021 60,997$ 63,158$ 126,774$ 150,815$ 169,774$ 211,506$ 14,275 7,549 2,332 1,945 5,534 6,231 20,672 27,898 16,266 14,750 18,455 33,508 95,944$ 98,605$ 145,372$ 167,510$ 193,763$ 251,245$ 4,772$ 12,598$ 93,021$ 112,197$ 127,806$ 147,067$ - 4,722 - - - - 24,391 23,010 14,696 12,177 14,758 24,909 29,163$ 40,330$ 107,717$ 124,374$ 142,564$ 171,976$ 65,769$ 75,756$ 219,795$ 263,012$ 297,580$ 358,573$ 14,307 12,271 2,332 1,945 5,534 6,231 45,031 50,908 30,962 26,927 33,213 58,417 125,107$ 138,935$ 253,089$ 291,884$ 336,327$ 423,221$ Fiscal Year 74 Page 226 Item 13. 2012 2013 2014 2015 Expenses Governmental activities: General government 2,785$ 2,890$ 3,698$ 4,922$ Public safety 4,341 5,052 5,610 6,129 Public works 1,616 1,825 2,667 3,495 Culture and recreation 1,546 1,886 2,462 2,747 Economic development - - - - Interest on long-term debt 1,108 1,318 1,119 4,409 Total governmental activities expenses 11,396 12,971 15,556 21,702 Business-type activities: Water, sewer, and sanitation 5,476 6,293 7,464 9,282 Total business-type activities expenses 5,476 6,293 7,464 9,282 Total primary government expenses 16,872 19,264 23,020 30,984 Program Revenues Governmental activities: Charges for services: General government 1,992 2,210 2,588 3,428 Public safety 312 352 585 628 Culture and recreation - 2 4 42 Economic development - - - - Public works - - - - Operating grants and contributions 266 93 113 101 Capital grants and contributions 5,356 5,716 5,277 7,907 Total governmental activities program revenues 7,926 8,373 8,567 12,106 Business-type activities: Charges for services: Water, sewer and sanitation 8,021 9,099 9,080 10,918 Operating grants and contributions - - - - Capital grants and contributions - - 3,897 - Total business-type activities program revenues 8,021 9,099 12,977 10,918 Total primary government program revenues 15,947 17,472 21,544 23,024 Net (expense) revenue: Governmental activities 3,470)( 4,598)( 6,989)( 6,658)( Business-type activities 2,545 2,806 5,513 1,635 Total primary government net expense 925)( 1,792)( 1,476)( 5,023)( Fiscal Year (UNAUDITED) TOWN OF PROSPER, TEXAS CHANGE IN NET POSITION LAST TEN FISCAL YEARS (ACCRUAL BASIS OF ACCOUNTING) (AMOUNTS EXPRESSED IN THOUSANDS) 75 Page 227 Item 13. TABLE 2 2016 2017 2018A 2019 2020 2021 4,884$ 5,884$ 5,633$ 7,937$ 12,036$ 10,516$ 7,027 9,256 10,853 12,013 14,830 16,969 6,701 5,974 4,836 5,645 6,907 9,924 2,973 3,357 5,226 4,687 5,297 5,852 921 1,880 4,205 2,715 2,413 3,622 1,571 1,774 2,297 3,070 3,089 3,691 24,077 28,125 33,050 36,067 44,572 50,574 10,522 15,209 19,487 23,305 24,772 27,480 10,522 15,209 19,487 23,305 24,772 27,480 34,599 43,334 52,537 59,372 69,344 78,054 4,261 4,761 1,018 1,937 1,646 2,013 796 899 518 567 661 1,361 98 148 227 310 114 413 - - 4,673 3,882 4,523 6,819 - - - 5,609 7,447 9,252 127 198 138 156 1,253 2,488 15,639 6,870 9,964 13,358 16,677 39,618 20,921 12,876 16,538 25,819 32,321 61,964 13,495 14,539 19,200 21,125 24,225 26,667 - - - - - 8 - 5,949 12,743 18,358 19,031 31,012 13,495 20,488 31,943 39,483 43,256 57,687 34,416 33,364 48,481 65,302 75,577 119,651 3,156)( 15,249)( 16,512)( 10,248)( 12,251)( 11,390 2,973 5,279 12,456 16,178 18,484 30,207 183)( 9,970)( 4,056)( 5,930 6,233 41,597 Fiscal Year 76 Page 228 Item 13. 2012 2013 2014 2015 General Revenues and Other Changes in Net Position Governmental activities: Taxes Property taxes 6,392$ 7,314$ 8,410$ 9,967$ Sales taxes 1,942 2,478 2,807 4,355 Franchise taxes 505 520 596 737 Impact fees and escrow fees 628 - - - Investment income 162 167 115 160 Miscellaneous 864 582 151 501 Transfers 352 73)( 364 521 Special item - - - - Total governmental activities 10,845 10,988 12,443 16,241 Business-type activities: Investment income 96 175 105 80 Miscellaneous income 60 91 76 114 Transfers 352)( 73 364)( 521)( Total business-type activities 196)( 339 183)( 327)( Total primary government 10,649 11,327 12,260 15,914 Change in Net Position Governmental activities 7,375 6,389 5,454 9,583 Business-type activities 2,349 3,145 5,330 1,308 Total primary government 9,724$ 9,534$ 10,784$ 10,891$ Source: Town financial statements Note: Fiscal Year TOWN OF PROSPER, TEXAS CHANGE IN NET POSITION LAST TEN FISCAL YEARS (ACCRUAL BASIS OF ACCOUNTING) (AMOUNTS EXPRESSED IN THOUSANDS) (UNAUDITED) A -In 2018,the Town reclassified the Inspections,Code Enforcement,and Planning departments from General Government to Economic Development. 77 Page 229 Item 13. TABLE 2 2016 2017 2018 2019 2020 2021 12,880$ 14,668$ 17,339$ 21,273$ 24,479$ 26,865$ 5,609 7,038 7,073 8,476 10,359 13,957 737 967 1,706 1,671 1,795 1,962 - - - - - - 277 431 658 1,269 735 249 281 428 164 214 248 206 1,751)( 5,622)( 1,358 491 936 892 - - - - - 1,500 18,033 17,910 28,298 33,394 38,552 45,631 76 161 339 750 348 64 117 105 178 221 293 495 1,751 5,622 1,358)( 491)( 936)( 892)( 1,944 5,888 841)( 480 295)( 333)( 19,977 23,798 27,457 33,874 38,257 45,298 14,877 2,661 18,050 23,146 26,301 57,021 4,917 11,167 15,337 16,658 18,189 29,874 19,794$ 13,828$ 33,387$ 39,804$ 44,490$ 86,895$ Fiscal Year 78 Page 230 Item 13. 2012 2013 2014 2015 General Fund Nonspendable 9$ 27$ 6$ 2$ Committed 1,715 1,855 2,152 2,588 Assigned - - - - Unassigned 5,356 5,194 5,430 4,977 Total General Fund 7,080$ 7,076$ 7,588$ 7,567$ All Other Governmental Funds Unreserved, reported in: Special revenue funds -$ -$ -$ -$ Nonspendable 5 - - - Restricted Debt service 890 1,187 1,159 1,470 Capital projects 16,838 17,799 17,699 27,414 Courts - - - - Police - - - - Fire - - - - Grants - - - - Parks - - - - Other - - - - Assigned 1,172 1,477 2,371 2,297 Total All Other Governmental Funds 18,905$ 20,463$ 21,229$ 31,181$ Source: Balance Sheets - Governmental Funds in Towns ACFRs. (UNAUDITED) TOWN OF PROSPER, TEXAS FUND BALANCES OF GOVERNMENTAL FUNDS LAST TEN FISCAL YEARS (MODIFIED ACCRUAL BASIS OF ACCOUNTING) (AMOUNTS EXPRESSED IN THOUSANDS) 79 Page 231 Item 13. TABLE 3 2016 2017 2018 2019 2020 2021 3$ 61$ 15$ 18$ 15$ 41$ 2,966 3,696 4,660 4,752 5,576 6,127 - - - - - 3,845 7,059 8,547 8,139 5,111 8,333 10,230 10,028$ 12,304$ 12,814$ 9,881$ 13,924$ 20,243$ 32$ -$ -$ -$ -$ -$ - - - - - - 1,842 2,147 2,558 2,557 2,619 2,640 31,040 18,009 20,152 33,032 26,850 67,586 - 35 44 47 52 47 - - - - 461 602 - - - - 220 427 - - - - 1 3 - - - - 2,660 2,895 - - - - 255 614 7,786 10,316 3,505 3,278 - - 40,700$ 30,507$ 26,259$ 38,914$ 33,118$ 74,814$ 80 Page 232 Item 13. 2012 2013 2014 2015 Revenues Taxes 8,850$ 10,220$ 11,834$ 15,076$ Licenses and permits 1,571 1,752 2,102 2,645 Intergovernmental 2,863 1,730 - - Charges for services 2,861 3,066 4,353 6,855 Impact fees - - - - Escrow income - - - - Grants 198 49 28 29 Investment income 541 647 809 1,194 Fines, fees, warrants, and seizures 160 166 114 160 Park fees - - - - Contributions 348 1,129 1,216 1,358 Miscellaneous 286 570 151 481 Total Revenues 17,678 19,329 20,607 27,798 Expenditures General government 2,798 2,846 3,685 5,295 Public safety 4,144 4,652 5,137 5,722 Public Works 511 523 912 1,424 Culture and recreation 899 1,167 1,688 1,931 Economic development - - - - Capital outlay 7,660 9,773 5,719 10,104 Debt service Principal 1,318 1,396 1,638 1,623 Interest 1,079 1,153 1,163 1,227 Other charges 81 158 10 336 Total Expenditures 18,490 21,668 19,952 27,662 Excess of revenues over (under) expenditures 812)( 2,339)( 655 136 Other Financing Sources (Uses) Transfer in 3,509 6,057 1,571 4,104 Transfer out 3,177)( 6,150)( 2,009)( 4,154)( Proceeds from insurance 750 12 - - Issuance of debt 4,712 7,710 3,340 20,919 Premium (discount) on debt issuance 242 169 312 2,397 Payments to bond escrow agent 1,064)( 3,899)( 2,592)( 10,482)( Capital leases - - - - Net other financing sources (uses)4,972 3,899 622 12,784 Special Item - - - - Net change in fund balances 4,160$ 1,560$ 1,277$ 12,920$ Debt service as a percentage of noncapital expenditures 22.1% 21.4% 19.7% 16.2% Source: Statement of Revenues, Expenditures, and Changes in Fund Balance for Governmental Funds. (UNAUDITED) TOWN OF PROSPER, TEXAS CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS LAST TEN FISCAL YEARS (MODIFIED ACCRUAL BASIS OF ACCOUNTING) (AMOUNTS EXPRESSED IN THOUSANDS) 81 Page 233 Item 13. TABLE 4 2016 2017 2018 2019 2020 2021 18,545$ 23,306$ 26,156$ 31,335$ 36,551$ 42,779$ 3,116 3,082 5,468 4,739 5,552 8,146 - - - - - - 3,997 687 742 713 589 1,190 9,612 4,432 5,283 5,569 7,422 9,242 - - - 648 501 580 56 748 493 2,942 1,068 2,678 1,530 2,091 670 511 679 238 276 379 424 1,219 328 301 - - - - - 411 2,539 1,459 372 994 185 526 281 428 176 230 228 278 39,952 36,612 39,784 48,900 53,103 66,369 5,972 6,412 5,659 8,768 12,583 11,983 6,693 8,873 10,243 11,561 15,269 15,895 4,447 3,541 4,210 3,308 4,676 4,985 2,159 1,948 4,810 3,885 4,359 5,082 - 1,709 7,364 2,633 2,634 3,580 21,565 23,767 18,782 18,748 21,608 19,313 1,860 2,363 2,554 3,197 3,819 4,275 1,527 1,788 2,428 2,752 3,192 3,404 153 157 30 240 175 484 44,376 50,558 56,080 55,092 68,315 69,001 4,424)( 13,946)( 16,296)( 6,192)( 15,212)( 2,632)( 11,704 6,928 9,975 8,805 2,955 6,397 13,457)( 12,630)( 9,696)( 10,037)( 2,019)( 5,505)( - - - - - - 13,440 10,575 16,305 17,135 10,875 43,110 1,322 1,155 923 1,019 1,695 4,684 2,988)( - - - - - - - - - - - 10,021 6,028 17,507 16,922 13,506 48,686 - - - - - 1,500 5,597$ 7,918)$( 1,211$ 10,730$ 1,706)$( 47,554$ 14.8% 15.5% 16.8% 18.2% 16.4% 16.5% 82 Page 234 Item 13. This Page Intentionally Left Blank Page 235 Item 13. TABLE 5 Fiscal Property Sales Franchise Year Tax Tax Tax Total 2012 6,392$ 1,942$ 505$ 8,839$ 2013 7,314 2,478 520 10,312 2014 8,410 2,807 596 11,813 2015 9,967 4,355 737 15,059 2016 12,880 5,609 737 19,226 2017 14,668 7,038 967 22,673 2018 17,376 7,073 1,706 26,155 2019 21,188 8,476 1,671 31,335 2020 24,397 10,359 1,795 36,551 2021 26,861 13,957 1,961 42,779 (UNAUDITED) TOWN OF PROSPER, TEXAS GENERAL GOVERNMENTAL TAX REVENUES BY SOURCE LAST TEN FISCAL YEARS (MODIFIED ACCRUAL BASIS OF ACCOUNTING) (AMOUNTS EXPRESSED IN THOUSANDS) 83 Page 236 Item 13. Fiscal Total Estimated Estimated Estimated Less: Year Market Value Market Value Market Value Tax Exempt Ended as Assessed Real Property Personal Property Real Property 2012 1,753,522$ 1,719,190$ 34,332$ 522,150$ 2013 1,905,100 1,865,370 39,730 557,691 2014 2,161,596 2,118,602 42,994 604,133 2015 2,571,540 2,515,525 56,015 686,635 2016 3,306,744 3,242,618 64,126 994,179 2017 3,881,824 3,798,498 83,326 1,258,940 2018 4,834,664 4,719,450 115,214 1,486,485 2019 5,589,410 5,418,879 170,531 1,844,726 2020 6,263,054 6,054,042 209,012 1,955,590 2021 7,108,809 6,885,262 223,547 2,310,423 TOWN OF PROSPER, TEXAS ASSESSED VALUE AND ESTIMATED ACTUAL VALUE OF TAXABLE PROPERTY LAST TEN FISCAL YEARS (AMOUNTS EXPRESSED IN THOUSANDS) (UNAUDITED) 84 Page 237 Item 13. TABLE 6 Taxable Total Assessed Total Taxable Direct Value as a % Assessed Tax of Estimated Value Rate Market Value 1,231,372$ 0.52000 70.22% 1,347,409 0.52000 70.73% 1,557,463 0.52000 72.05% 1,884,905 0.52000 73.30% 2,312,565 0.52000 69.93% 2,622,884 0.52000 67.57% 3,348,179 0.52000 69.25% 3,744,684 0.52000 67.00% 4,307,464 0.52000 68.78% 4,798,386 0.52000 67.50% 85 Page 238 Item 13. Fiscal General Debt Prosper Collin Year Government Service Total ISD County 2012 0.316937$ 0.203063$ 0.520000$ 1.670000$ 0.240000$ 2013 0.316914 0.203086 0.520000 1.670000 0.240000 2014 0.326191 0.193809 0.520000 1.670000 0.237500 2015 0.356301 0.163699 0.520000 1.670000 0.235000 2016 0.361074 0.158926 0.520000 1.670000 0.225000 2017 0.367500 0.152500 0.520000 1.670000 0.208395 2018 0.367500 0.152500 0.520000 1.670000 0.180785 2019 0.367500 0.152500 0.520000 1.568350 0.174951 2020 0.367500 0.152500 0.520000 1.492700 0.172531 2021 0.367500 0.152500 0.520000 1.460300 0.168087 Source: Collin County and Denton County Appraisal Districts. 1Tax rate is per $100 of taxable assessed value.2Overlapping tax rates are those of local and county governments that apply to property owners within the Town of Prosper. Town of Prosper Tax Rate1 Overlapping Tax Rates2 TOWN OF PROSPER, TEXAS PROPERTY TAX RATES DIRECT AND OVERLAPPING GOVERNMENTS (PER $100 OF ASSESSED VALUE) (UNAUDITED) LAST TEN FISCAL YEARS 86 Page 239 Item 13. TABLE 7 Total Direct Total Direct & Overlapping & Overlapping Collin Denton Rates Rates College County Collin County Denton County 0.086300$ 0.277357$ 2.516300$ 2.467357$ 0.862990 0.282867 3.292990 2.472867 0.083643 0.284914 2.511143 2.474914 0.081960 0.262000 2.506960 2.452000 0.081960 0.248409 2.496960 2.438409 0.081222 0.237812 2.479617 2.427812 0.081222 0.225574 2.452007 2.415574 0.081222 0.225278 2.344523 2.313628 0.081222 0.224985 2.266453 2.237685 0.081222 0.233086 2.229609 2.213386 Overlapping Tax Rates2 87 Page 240 Item 13. TABLE 8 Fiscal Total Tax Year Levy for Percentage Collections in Percentage Ended Fiscal Year1 Amount of Levy Subsequent Years Amount of Levy1 2012 6,380,037$ 5,323,502$ 83.44% 324,672$ 5,648,174$ 104.2% 2013 7,011,511 6,946,210 99.07% 296,561 7,242,771 103.1% 2014 8,217,550 8,174,411 99.48% 348,080 8,522,491 102.9% 2015 9,730,516 9,704,426 99.73% 417,150 10,121,576 102.5% 2016 12,052,689 11,922,739 98.92% 387,630 12,310,369 102.1% 2017 14,077,378 14,052,156 99.82% 313,645 14,365,801 102.0% 2018 17,168,258 17,119,197 99.71% 280,216 17,399,413 101.3% 2019 20,643,714 20,590,864 99.74% 192,490 20,783,354 100.7% 2020 23,743,003 23,705,358 99.84% 21,866)( 23,683,492 99.7% 2021 26,445,321 26,370,441 99.72% - 26,370,441 99.7% Note: Taxes stated are for General Fund and Debt Service Funds. 1Tax Levy is the original levy as of certification date, and does not include adjustments. The percentage of levy collected may be greater than 100% as payments that relate to levy adjustments are collected. TOWN OF PROSPER, TEXAS (UNAUDITED) LAST TEN FISCAL YEARS PROPERTY TAX LEVIES AND COLLECTION Fiscal Year of the Levy Collections within the Total Collections to Date 88 Page 241 Item 13. TABLE 9 Percentage of Percentage of Taxable Total Taxable Taxable Total Taxable Assessed Assessed Assessed Assessed Taxpayer Value Rank Value Value Rank Value 380 & 289, LP 80,909,694$ 1 1.69% -$ - GOP #2 LLC 71,210,749 2 1.48% Orion Prosper Lakes LLC 41,708,821 3 0.87% - - Orion Prosper LLC 35,502,905 4 0.74% - - Children's Health System of Texas 33,005,562 5 0.69% - - MQ Prosper Retail LLC 26,813,248 6 0.56% - - Pulte Homes of Texas LP 18,064,582 7 0.38% Wal-Mart Real Estate Business Trust 16,966,557 8 0.35% - - Crossland Texas Industrial LLC 15,890,034 9 0.33% - - Kroger Texas LP 15,421,945 10 0.32% - - Western Rim Investors - - 43,186,691 1 3.51% Prosper Land Company - - 8,795,126 2 0.71% Saddle Creek Investments, Ltd - - 6,755,986 3 0.55% Five SAC Self-Storage Corp.- - 6,529,887 4 0.53% CC Joint Ventures - - 6,435,078 5 0.52% Quail Landing Phase I - - 6,250,270 6 0.51% Preston Development LTD - - 5,438,247 7 0.44% Beazer Homes - - 5,374,764 8 0.44% Deion Sanders - - 5,364,323 9 0.44% Da' Hood Trust - - 4,595,277 10 0.37% Totals 355,494,097$ 7.41% 98,725,649$ 8.02% Source: Collin and Denton County Appraisal Districts TOWN OF PROSPER, TEXAS 2021 2012 (UNAUDITED) FISCAL YEAR END 2021 AND 2012 PRINCIPAL PROPERTY TAXPAYERS 89 Page 242 Item 13. General Certificates Fiscal Obligation of Tax Capital Premiums/ Year Bonds Obligation Notes Leases Discounts 2012 4,552$ 19,655$ 1,765$ -$ 235$ 2013 8,216 18,909 1,425 - 379 2014 11,255 15,594 1,080 - 636 2015 25,214 9,678 725 - 2,852 2016 29,095 16,384 365 - 3,984 2017 30,477 28,444 - - 4,865 2018 30,597 37,210 - - 5,796 2019 32,816 48,930 - - 6,122 2020 30,789 58,013 - - 7,425 2021 65,020 62,616 - - 11,587 Note: Details regarding the Town's outstanding debt can be found in the notes to the financial statements. 1See the Schedule of Demographic and Economic Statistics for personal income and population data. N/A: Data not available at the time of this publication. Governmental Activities TOWN OF PROSPER, TEXAS RATIOS OF OUTSTANDING DEBT BY TYPE LAST TEN FISCAL YEARS (AMOUNTS EXPRESSED IN THOUSANDS, EXCEPT PER CAPITA AMOUNT) (UNAUDITED) 90 Page 243 Item 13. TABLE 10 General Certificates Total Percentage Obligation of Premiums/Primary of Personal Per Bonds Obligation Discounts Government Income1 Capita1 18,798$ -$ 351$ 45,356$ 96.8% 3,721$ 23,249 - 546 52,724 111.1% 3,941 35,133 - 1,506 65,204 124.5% 4,351 33,106 - 1,938 73,513 135.1% 4,603 8,145 22,966 1,995 82,934 144.3% 4,662 8,081 23,988 1,951 97,806 157.6% 4,851 6,388 31,505 2,360 113,856 172.0% 5,027 5,600 34,490 2,427 130,385 184.0% 5,087 4,821 32,657 2,281 135,986 178.0% 4,792 4,020 30,979 2,090 176,312 N/A 5,671 Business-Type Activities 91 Page 244 Item 13. TABLE 11 Percentage of General Certificates Less: Amounts Actual Taxable Fiscal Obligation of Available in Debt Value of Per Year Bonds3 Obligation3 Service Funds Total Property1 Capita2 2012 23,350$ 19,655$ 890$ 42,115$ 3.42% 3,455$ 2013 31,465 18,909 1,187 49,187 3.65% 3,676 2014 46,388 15,594 1,159 60,823 3.91% 4,059 2015 58,320 9,678 1,470 66,528 3.53% 4,166 2016 37,240 39,350 1,842 74,748 3.23% 4,202 2017 38,558 52,432 2,147 88,843 3.39% 4,407 2018 36,985 68,715 2,558 103,142 3.08% 4,554 2019 38,415 83,420 2,556 119,279 3.19% 4,654 2020 35,610 90,670 1,885 124,395 2.89% 4,383 2021 69,040 93,595 1,643 160,992 3.36% 5,178 Note: Details regarding the Town's outstanding debt can be found in the notes to the financial statements. 1See schedule of Assessed Value and Estimated Actual Value of Taxable Property for property value data. 2Population data can be found in the Schedule of Demographic and Economic Statistics. 3The amounts include the premium portions of the debt. TOWN OF PROSPER, TEXAS (UNAUDITED) (AMOUNTS EXPRESSED IN THOUSANDS, EXCEPT PER CAPITA AMOUNT) LAST TEN FISCAL YEARS RATIOS OF GENERAL BONDED DEBT OUTSTANDING 92 Page 245 Item 13. TABLE 12 Estimated Estimated Share of Debt Percentage Overlapping Governmental Unit Outstanding Applicable1 Debt Debt repaid with property rates: Prosper Independent School District 1,143,035,164$ 68.66% 784,807,943$ Collin County 675,871,447 2.11% 14,260,888 Collin College 491,650,000 2.11% 10,373,815 Denton County 571,605,000 0.23% 1,314,692 Subtotal - overlapping debt 2,882,161,611 810,757,338 Town of Prosper direct debt 127,636,046$ 100.00% 127,636,046 Total direct and overlapping debt 938,393,384$ TOWN OF PROSPER, TEXAS Source:Entity adopted budget.Actual amounts of overlapping debt vary based on entity payment schedules and any new issuances. Note:Overlapping governments are those that coincide,at least in part,with the geographic boundaries of the Town.This schedule estimates the portion of the outstanding debt of those overlapping governments that is borne by the residents and businesses of the Town of Prosper.This process recognized that,when considering the Town's ability to issue and repay long-term debt,the entire debt burden borne by the residents and businesses should be taken into account.However,this does not imply that every taxpayer is a resident, and therefore responsible for repaying the debt, of each overlapping government. 1The percentage of overlapping debt applicable is estimated using taxable assessed property values. Applicable percentages were estimated by determining the portion of the Town's taxable assessed value that is within the Town's boundaries and dividing it by the Town's total taxable assessed value. (UNAUDITED) AS OF SEPTEMBER 30, 2021 DIRECT AND OVERLAPPING GOVERNMENTAL ACTIVITIES DEBT 93 Page 246 Item 13. 2012 2013 2014 2015 Tax Rate Limit 2.5000$ 2.5000$ 2.5000$ 2.5000$ Total Tax Rate 0.5200 0.5200 0.5200 0.5200 Available Tax Rate 1.9800$ 1.9800$ 1.9800$ 1.9800$ Note: For FY 2018-Present, under Article XI, Section 5 of the Texas Constitution, the maximum tax rate under a home rule charter is $2.50 per $100 assessed valuation. Fiscal Year TOWN OF PROSPER, TEXAS TAX RATE INFORMATION LAST TEN FISCAL YEARS (RATES ROUNDED TO 4 PLACES) (UNAUDITED) 94 Page 247 Item 13. TABLE 13 2016 2017 2018 2019 2020 2021 2.5000$ 2.5000$ 2.5000$ 2.5000$ 2.5000$ 2.5000$ 0.5200 0.5200 0.5200 0.5200 0.5200 0.5200 1.9800$ 1.9800$ 1.9800$ 1.9800$ 1.9800$ 1.9800$ Fiscal Year 95 Page 248 Item 13. TABLE 14 Personal Per Income2 Capita Fiscal (expressed in Personal School Unemployment Year Population1 thousands)Income2 Enrollment3 Rate4 2012 12,190 46,837$ 54,866$ 4,921 5.7% 2013 13,380 47,458 55,520 5,632 5.1% 2014 14,986 52,359 59,146 6,448 4.6% 2015 15,970 54,420 59,532 7,064 4.4% 2016 17,790 57,483 61,179 8,254 3.4% 2017 20,160 62,078 64,025 10,107 3.0% 2018 22,650 66,212 65,874 12,195 3.0% 2019 25,630 70,852 68,474 16,695 2.9% 2020 28,380 76,381 71,246 19,279 5.2% 2021 31,090 N/A N/A 22,426 3.6% TOWN OF PROSPER, TEXAS N/A: Data not available at the time of this publication. (UNAUDITED) LAST TEN FISCAL YEARS DEMOGRAPHIC AND ECONOMIC STATISTICS 1Population data estimates from the North Central Texas Council of Governments and Town of Prosper. 2Personal income and per capital personal income data not available specific to Prosper. Per capita personal 3Enrollment data comes from Prosper ISD. 4October 2020 unemployment rate for Collin County from the Texas Workforce Commission Unemployment income was obtained from www.bea.gov. Rates for Texas Counties data. 96 Page 249 Item 13. TABLE 15 Percentage of Total Town Employer Employees Rank Employment Prosper ISD 2,631 1 51.1% Kroger (2 locations)470 2 9.1% Town of Prosper 290 3 5.6% WalMart 270 4 5.2% Chik Fil A 170 5 3.3% Home Depot 152 6 3.0% Lowe's 135 7 2.6% Cook's Childrens 125 8 2.4% Dick's SG - Field and Stream 70 9 1.4% Longo Toyota 66 10 1.3% Total 4,379 85.00% Percentage of Total Town Employer Employees Rank Employment Prosper ISD 680 1 55.8% Mahard Egg Farm 100 2 8.2% Town of Prosper 84 3 6.9% Gentle Creek 50 4 4.1% Dairy Manufacturers, Inc 35 5 2.9% ProBuild 30 6 2.5% CVS 25 7 2.1% Crossland Construction 20 8 1.6% Lattimore Materials 20 9 1.6% Prosper Bank 20 10 1.6% Total 1,064 87.3% Source: Prosper EDC, updated February 2022. TOWN OF PROSPER, TEXAS 2021 2012 CURRENT YEAR AND NINE YEARS AGO PRINCIPAL EMPLOYERS 97 Page 250 Item 13. Function/Program 2012 2013 2014 2015 General Government Building inspection permits Commercial construction Number of units 21 21 29 45 Total dollar value of permits issued 28,385 4,219 19,172 50,625 Average value 1,352 201 661 1,125 Residential Construction Number of units 445 483 474 708 Total dollar value of permits issued 172,757 195,257 209,949 313,681 Average value 388 404 443 443 Public safety Police Physical arrests 108 99 115 128 Traffic collisions 263 289 279 429 Number of vehicles N/A N/A 15 15 Fire Number of frontline engines 1 1 1 1 Number of reserve engines 1 1 1 1 Number of frontline Trucks - - - - Number of frontline Ambulances 1 1 1 1 Number of reserve Ambulances 1 1 1 1 Number of frontline Brush Trucks 1 1 1 1 Number of Station 1 1 1 1 Total incidents/calls for service 1,122 1,057 1,100 1,245 Fire 67 45 64 30 Overpressure/explosion 11 6 5 - Rescue & EMS 585 597 588 583 Hazardous condition 34 20 29 37 Service call 193 196 212 136 Good intent call 100 94 101 328 False alarm & false call 132 96 95 131 Severe weather & natural disaster - 3 6 - Fire marshal Fire inspections 402 278 283 156 Fire safety programs 23 14 18 24 Municipal court Number of cases filed 2,025 1,645 2,118 2,439 Number of cases closed 1,688 1,872 2,954 3,605 Public works Water & Sewer Linear feet of water lines N/A N/A 579,777 627,900 Linear feet of sewer lines N/A N/A 428,360 482,838 Number of hydrants N/A N/A N/A N/A N/A Water customers 3,853 4,418 4,943 5,539 Wastewater customers 3,084 3,568 4,055 4,627 Streets Miles of streets maintain N/A 125 125 132 Number of traffic signals N/A - - 1 Parks Number of parks 15 16 16 21 Number of playgrounds 5 6 6 7 Acreage maintained 136 146 146 178 Source: Town of Prosper Department Staff. N/A: Data not available at the time of this publication. ** Safety programs shut down due to the effects of pandemic. * The decrease in residential value pf permits issued is due to the passage of House Bill 852 that prohibits municipalities from requiring the value of construction in regards to permitting. Since its passage, many builders do not indicate the value of construction when submitting for permits. Fiscal Year TOWN OF PROSPER, TEXAS OPERATING INDICATORS BY FUNCTION/PROGRAM LAST TEN FISCAL YEARS (DOLLAR AMOUNTS BELOW EXPRESSED IN THOUSANDS) (UNAUDITED) 98 Page 251 Item 13. TABLE 16 2016 2017 2018 2019 2020 2021 74 108 101 105 105 120 122,799 95,793 112,427 141,609 114,516 382,091 1,659 887 1,113 1,349 1,091 3,184 648 715 980 793 938 1,402 316,039 347,484 474,515 *246,111 *1,257 - 488 486 484 492 628 - 163 205 253 208 211 222 234 322 605 889 874 1,042 15 18 20 28 28 32 2 2 2 2 2 2 2 2 2 2 2 2 - - - - 1 1 1 2 2 2 2 2 1 1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 2 1,537 2,102 2,185 2,107 2,517 3,482 64 98 97 62 74 73 10 10 3 4 1 2 797 1,072 1,139 1,110 1,206 1,760 52 60 58 83 103 109 293 44 438 459 622 809 168 265 219 161 246 360 140 244 229 226 256 361 13 9 2 2 9 8 966 1,210 1,291 2,022 1,941 2,129 12 14 17 58 - **29 3,147 3,027 3,581 4,499 2,452 1,899 3,534 3,019 3,964 4,814 3,091 2,584 692,447 786,557 920,859 1,006,066 1,042,324 1,057,959 546,950 619,386 720,466 752,925 822,201 834,534 N/A 1,523 1,910 2,016 2,118 2,150 6,671 7,784 8,603 9,188 10,353 11,766 5,757 6,770 7,506 8,131 9,223 10,640 141 153 179 212 287 330 2 2 3 3 7 9 22 22 23 28 28 29 7 8 11 13 13 14 178 190 218 225.3 245.6 246.2 Fiscal Year 99 Page 252 Item 13. 2012 2013 2014 2015 GENERAL FUND Administration 6.5 8.5 9.0 9.5 Code Compliance 1.0 1.0 1.0 1.0 Court 1.0 1.0 1.5 2.0 Dispatch 7.0 7.0 7.5 7.5 Engineering 1.0 3.0 3.0 5.0 Fire 20.0 20.0 20.0 32.0 Fire Marshal 1.0 1.0 1.0 1.0 Inspections 7.0 8.0 9.0 13.0 Library 1.0 1.5 2.0 3.5 Parks 10.0 12.0 15.0 16.0 Planning 2.0 3.0 3.0 4.0 Police 12.0 15.0 15.0 20.0 Streets 2.0 2.0 2.0 2.0 Total General Fund 71.5 83.0 89.0 116.5 SPECIAL PURPOSE DISTRICT FUNDS Crime Control - - - - Fire Control - - - - Total Special Purpose District Funds - - - - ENTERPRISE FUNDS Storm Drainage 1.0 1.0 1.0 2.0 Utility Billing 1.5 2.5 2.5 2.5 Wastewater 3.0 5.0 6.0 4.0 Water 7.0 8.0 10.0 14.0 Engineering - - - - Total Enterprise Fund 12.5 16.5 19.5 22.5 CAPITAL PROJECTS FUND 1.0 1.0 1.0 1.0 Total 85.0 100.5 109.5 140.0 Source: Town of Prosper Annual Budget TOWN OF PROSPER, TEXAS FULL-TIME EQUIVALENT TOWN GOVERNMENT EMPLOYEES BY FUNCTION LAST TEN FISCAL YEARS (UNAUDITED) Fiscal Year 100 Page 253 Item 13. TABLE 17 2016 2017 2018 2019 2020 2021 12.0 13.0 17.0 20.0 21.0 25.0 1.0 1.0 2.0 2.0 3.0 3.0 2.5 2.5 3.5 4.0 4.0 4.0 9.0 9.0 9.0 11.0 11.0 13.0 6.0 6.0 7.0 10.0 12.0 12.0 33.0 34.0 40.0 29.0 35.0 37.0 1.0 2.0 2.0 3.0 3.0 4.0 13.0 13.0 15.0 16.0 16.0 18.0 2.5 2.5 6.5 6.5 6.5 6.5 18.0 20.0 22.0 26.0 27.0 27.0 4.0 4.0 5.0 5.0 5.0 5.0 22.0 27.0 30.0 24.0 28.0 32.0 3.0 3.0 5.0 6.0 8.0 8.0 127.0 137.0 164.0 162.5 179.5 194.5 - - - 12.0 12.0 13.0 - - - 12.0 12.0 13.0 - - - 24.0 24.0 26.0 2.0 2.0 2.0 2.0 2.0 2.0 3.0 3.0 4.0 4.0 4.0 4.0 4.0 7.0 9.0 12.0 14.0 15.0 15.0 18.0 21.0 24.0 25.0 27.0 - - - - 4.0 4.0 24.0 30.0 36.0 42.0 49.0 52.0 - - - - - - 151.0 167.0 200.0 228.5 252.5 272.5 Fiscal Year 101 Page 254 Item 13. This Page Intentionally Left Blank Page 255 Item 13. TOWN OF PROSPER, TEXAS RESOLUTION NO. 2022-XX A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ACCEPTING THE FISCAL YEAR 2020-2021 INDEPENDENT AUDIT REPORT AND COMPREHENSIVE ANNUAL FINANCIAL REPORT; MAKING FINDINGS; AUTHORIZING PUBLICATION OF THE AUDIT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council is required by Section 7.18 of the Town Charter to call for an Independent Audit to be made of all accounts of the Town at the close of each fiscal year, a report of which is to be presented to the Town Council; and WHEREAS, Town staff engaged Pattillo, Brown, and Hill, LLP., Certified Public Accountants, to complete the Town’s Fiscal Year 2020-2021 Independent Audit; and WHEREAS, the Town Charter requires that upon completion of the audit, a copy of the audit shall be posted to the Town’s website and copies placed on file in the office of the person performing the duties of Town Secretary, as a public record. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The Town Council of the Town of Prosper, Texas, hereby accepts the Town’s Fiscal Year 2020-2021 Financial Audit as presented by Pattillo, Brown, and Hill, LLP., Certified Public Accountants. SECTION 2 A copy of the completed audit shall be published immediately on the Town website and copies of the audit placed on file in the office of the person performing the duties of Town Secretary, as a public record. SECTION 3 This Resolution shall take effect from and after the date of its passage. DULY PASSED AND APPROVED, BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 29TH DAY OF MARCH, 2022. APPROVED: ___________________________________ Ray Smith, Mayor Page 256 Item 13. Resolution No. 2022-XX, Page 2 ATTEST: _________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Page 257 Item 13. Page 1 of 2 To: Mayor and Town Council From: January Calhoun, Purchasing Manager Hulon T. Webb, Jr., Director of Engineering Services Stuart Blasingame, Fire Chief Through: Harlan Jefferson, Town Manager Rebecca Zook, Executive Director of Development and Infrastructure Services Re: Town Council Meeting – March 29, 2022 Agenda Item: Discuss and update the Town Council regarding increases in project construction costs, commodities/equipment costs and delivery time challenges. Description of Agenda Item: As a result of numerous factors, the Town of Prosper is experiencing significant increases in costs associated with construction projects and commodities/equipment, as well as impacts related to the delivery of those commodities/equipment. Some of the factors impacting the costs and deliveries include labor and material shortages, inflation and more recently, fuel prices. Early on in the pandemic and due to uncertainty in the market (2020), a number of the Town funded projects came in under budget. Understanding that prices vary and are often cyclical, staff was not surprised in 2021 to see the bid numbers increase and align more closely with the engineer’s estimates. However, the Town is now seeing construction costs at an all-time high, and unfortunately, all capital construction projects are being affected including horizontal (water, sewer, paving, etc…) and vertical (structures/buildings, bridges, signals, etc..) projects. Since it is not just one factor, such as the cost of steel, utilizing past methods, such as modifying a design, are no longer an option. Not only are the costs incredibly high, but they are also volatile and often fluctuating on a daily basis making it difficult to estimate future and even near future project costs. In addition to construction projects, the Town is also experiencing price increases in commodities/assets such as monitors and other IT equipment, fuel, vehicles, and field and safety equipment to name a few. Similar to the construction costs, and since the factors are numerous, staff and consultants are having difficulty anticipating and estimating the extent of rising costs. With that said, staff is working diligently to identify opportunities to minimize the impacts to the Town while continuing to provide exceptional customer service. Prosper is a place where everyone matters. FINANCE, ENGINEERING SERVICES AND FIRE DEPARTMENT Page 258 Item 14. Page 2 of 2 Finally, the Town is also experiencing delays and cancellations on the delivery of numerous items and in almost every area of the Town’s operations. The delay might be for a laptop or a vehicle for a new employee or a replacement for an existing employee. Or it might be for a piece of equipment necessary for a staff member in the field to do their job. It should be noted that in the worst case, some orders have simply been cancelled after months of waiting leaving staff to identify alternative methods to accomplish their tasks. Regardless of the various issues, the Town is working hard to address the delays in an effort to ensure that staff is able to conduct business as usual. During the update to Council, staff will provide specific examples of projects and equipment costs increases and delays. Town Staff Recommendation: Town staff is providing this update for informational purposes and is interested in feedback from the Town Council. Page 259 Item 14. Page 1 of 3 To: Mayor and Town Council From: Betty Pamplin, Finance Director Through: Harlan Jefferson, Town Manager Re: Tow n Council Meeting – March 29, 2022 Agenda Item: Consider and act upon an ordinance amending Ordinance No. 2021-55 (FY 2021-2022 Annual Budget and Capital Improvement Program). (BP) Description of Agenda Item: General Fund Administration: The Honor Wall project was funded in the fiscal year 2018-2019 budget and subsequently put on hold during the COVID-19 pandemic. A budget of $90,000 was allocated during the fiscal year 2020-2021 budget and the design portion of the project was completed for $11,000. The remainder of the budget ($79,000) was allocated in fiscal year 2021-2022 to be used towards construction of the honor wall. At the March 8th Town Council meeting staff was directed to move forward with awarding a bid a requesting additional funding in the amount of $142,877. This budget increase of $142,877 for Community Services will be a drawdown to fund balance in the General Fund. General Fund Police Services: The fiscal year 2021-2022 budget included $179,000 to be used towards a covered parking solution at the public safety facility. At the March 8th Town Council meeting Town Council approved option 4 which included an aluminum canopy w/lighting for a total of $380,907. The difference of the adopted budget and this option is $201,907. This budget increase of $201,907 for Police Services will be a drawdown to fund balance in the General Fund General Fund Fire Services: Transfers out are increasing by $1,802,000 to account for the transfer of funds to the Capital Project Fund for the purchase of a Pierce Fire Engine PUC Pumper ($950,000) (includes pre- payment discounts) and loose equipment ($300,000), and Ambulance and loose equipment ($552,000) for Fire Station #4. Once the purchase order is issued, the engine has an approximate 22 month build time and the ambulance has an approximate 16 month build time. This will be a drawdown to fund balance in the General Fund. Transfers out are increasing by $70,000 to account for the transfer of funds to the Capital Project Fund for additional funding for increased costs for the loose equipment for the Fire Engine/Quint and Ambulance for Fire Station #3. $405,000 was previously set aside for loose equipment and Prosper is a place where everyone matters. FINANCE DEPARTMENT Page 260 Item 15. Page 2 of 3 due to price increases this funding will not be sufficient. This budget increase of $1,872,000 in Fire Services will be a drawdown to fund balance in the General Fund. General Fund Community Services: At the request of Town Council staff has been exploring options for increasing the holiday decorations in the downtown area. Options were presented at the March 8th Town Council meeting. With feedback provided by Town Council staff has decided on several options for the upcoming season with a total cost of $44,000. This budget increase of $44,000 in Community Services will be a drawdown to fund balance in the General Fund. Special Events Coordinator: A Special Events Coordinator is being requested to start mid-year to help support the new special events the Council has requested. In addition to the Town’s existing special events and the four new Downtown events, Council has recently requested the addition of a Veterans Day 5K event and a pickleball tournament. This position will also support other recreational programs and athletics throughout the year. This budget increase of $33,717 for Community Services for the remainder of the year will be a drawdown to fund balance in the General fund. Compensation: The Town Council has remained committed to employees and has been actively exploring opportunities that will help us to recruit and retain the best employees by evaluating our comparison cities. Their findings have resulted in the consideration of an additional market adjustment which would take effect on the paycheck following the first full pay period in April for general employees. If approved, all general employees will receive an additional 1% market adjustment and some positions will move within the new proposed pay plan to allow the Town to remain competitive. The General Fund’s share of this adjustment for the remainder of the year is $211,833 and this amount is allocated across the departments as follows: Administration $61,727; Police Services $18,442; Fire Services $12,867; Public Works $10,950; Community Services $39,223; Development Services $31,864; and Engineering $36,760. This will be a drawdown to fund balance in the General Fund. Water and Sewer Fund The Water and Sewer Fund’s share of the compensation adjustment for the remainder of the year is $43,731 with $3,449 allocated to Administration and $40,282 allocated to Public Works. This budget increase will be a drawdown to fund balance in the Water and Sewer Fund. Stormwater Drainage Fund The Stormwater Drainage Fund’s share of the compensation adjustment for the remainder of the year is $745. This budget increase will be a drawdown to fund balance in the Stormwater Drainage Fund. Park Dedication/Improvement Fund The Town and Developer are partnering to construct Windsong neighborhood Park #3. Designs are already underway and due to the increased cost of materials and labor it is anticipated that an additional $100,000 is needed to be able to construct the park to completion. The developer will be using $650,000 of their obligated park improvement funds on top of this amount. This budget increase of $100,000 will be a drawdown to fund balance in the Park Improvement Fund. Windsong Land Purchase: The Town is looking to purchase approximately 162 acres (shown as four parcels) on the westside of Prosper near the Windsong Ranch subdivision. The Town agreed to pay the developer over a two-year period and the first payment will be payable at closing in accordance with the land purchase agreement. The second payment will be payable on or before October 16, 2023. This Page 261 Item 15. Page 3 of 3 budget increase of $1,913,800 for the current fiscal year will be a drawdown to fund balance in the Park Dedication Fund. Capital Improvement Program Wastewater Impact Fee Fund Upper Doe Branch WW Line (Teel – PISD Stadium) Due to the future developments contemplated at the intersection of the Dallas North Tollway and Frontier Parkway, a sanitary sewer line extension of approximately four miles is needed from the current terminus of the sanitary sewer line in the Windsong Parkway development, near the intersection of Teel Parkway and Prosper Trail, to the Prosper ISD Stadium lift station. Based on the Town’s Wastewater Master Plan, the sanitary sewer line is anticipated to be as large as twenty- four inches (24”) in diameter. The design also includes the decommissioning of two lift stations, one along the east side of Legacy Drive between Prosper Trail and Frontier Parkway, and the other at the Prosper ISD Stadium. To properly fund the design tasks associated with this project, an additional $125,000 is needed to increase the current design budget from $250,000 to $375,000 and add $100,000 for potential easement acquisitions. Funding for the design and the easement acquisitions totaling $225,000 to come from the Wastewater Impact Fee Fund. The attached CIP also shows anticipated funding for FY2023, in the amount of $4,050,000 from Unissued CO Bond Debt ($4,025,000) and Escrows received for decommissioning one of the lift stations ($25,000). This increase of $25,000 will be budgeted in the Wastewater Impact Fee Fund in FY 2022-2023. Budget Impact: The General Fund expenditures will increase by $2,506,334; Water and Sewer Fund expenditures will increase by $43,731; Stormwater Drainage Fund expenditures will increase by $745; Park Dedication/Improvement Fund expenditures will increase by $2,013,800; Wastewater Impact Fee Fund expenditures will increase by $225,000. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed and approved the budget amendment ordinance as to form and legality. Attached Documents: 1. Ordinance 2. CIP Amendment Town Staff Recommendation: Town staff recommends approval of amending Ordinance No. 2021-55 (FY 2021-2022 Annual Budget and Capital Improvement Program) to provide funding increased expenditures in the General Fund, Water and Sewer Fund, Stormwater Drainage Fund, Park Dedication/Improvement Fund, and Wastewater Impact Fee Fund. Proposed Motion: I move to approve amending Ordinance No. 2021-55 (FY 2021-2022 Annual Budget and Capital Improvement Program) to provide funding increased expenditures in the General Fund, Water and Sewer Fund, Stormwater Drainage Fund, Park Dedication/Improvement Fund, and Wastewater Impact Fee Fund. Page 262 Item 15. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2022-XX AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING ORDINANCE NO. 2021-55 (FY 2021-2022 BUDGET AND CAPITAL IMPROVEMENT PROGRAM) TO FUND INCREASED EXPENDITURES OF $2,506,334 IN THE GENERAL FUND BUDGET; TO FUND INCREASED EXPENDITURES OF $43,731 IN THE WATER AND SEWER FUND BUDGET; TO FUND INCREASED EXPENDITURES OF $745 IN THE STORMWATER DRAINAGE FUND BUDGET; TO FUND INCREASED EXPENDITURES OF $2,013,800 IN THE PARK DEDICATION/IMPROVEMENT FUND BUDGET; TO FUND INCREASED EXPENDITURES OF $225,000 IN THE WASTEWATER IMPACT FEE FUND BUDGET; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”), has investigated and determined that it will be beneficial and advantageous to the residents of the Town of Prosper, Texas (“Prosper”), to amend Ordinance No. 2021-55 (FY 2021-2022 Budget and Capital Improvement Program) for the purposes listed in Exhibit “A,” attached hereto and incorporated herein by reference; and WHEREAS, the changes will result in budgeted funds being allocated and an overall net increase in the budget for funding from fund balance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Amendment to Ordinance No. 2021-55 (FY 2021-2022 Budget and Capital Improvement Program). Ordinance No. 2021-55 (FY 2021-2022 Budget and Capital Improvement Program) is hereby amended to allow for increases to appropriations as shown in Exhibit “A,” attached hereto and incorporated herein by reference. SECTION 3 Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 4 Severability. Should any section, subsection, sentence, clause, or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force Page 263 Item 15. Ordinance No. 2022-__, Page 2 and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 5 Effective Date. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 29TH DAY OF MARCH, 2022. TOWN OF PROSPER, TEXAS ___________________________________ Ray Smith, Mayor ATTEST TO: Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: ________________________________ Terrence S. Welch, Town Attorney Page 264 Item 15. General Fund Original Budget Current Budget Amended Budget Increase (Decrease) Revenues: Property Tax 19,266,473 19,266,473 19,266,473 - Sales Tax 8,077,237 8,077,237 8,077,237 - Franchise Fees 1,997,889 1,997,889 1,997,889 - License, Fees & Permits 5,068,480 5,068,480 5,068,480 - Charges for Services 583,724 583,724 583,724 - Fines & Warrants 325,500 325,500 325,500 - Grants 232,914 232,914 232,914 - Investment Income 70,000 70,000 70,000 - Transfers In 1,100,514 1,100,514 1,100,514 - Miscellaneous 132,850 132,850 132,850 - Park Fees 441,500 441,500 441,500 - Total 37,297,081$ 37,297,081$ 37,297,081$ -$ Expenditures: Administration 7,222,692 8,197,606 8,259,333 61,727 Police Services 6,520,223 6,568,800 6,789,149 220,349 Fire Services 8,738,347 8,916,206 10,801,073 1,884,867 Public Works 3,697,980 4,276,699 4,287,649 10,950 Community Services 6,575,735 6,836,156 7,095,973 259,817 Development Services 4,211,352 4,557,791 4,589,655 31,864 Engineering 4,175,692 4,199,813 4,236,573 36,760 Total 41,142,021$ 43,553,071$ 46,059,405$ 2,506,334$ Water and Sewer Fund Original Budget Current Budget Amended Budget Increase (Decrease) Revenues: Water Charges for Services 15,179,476 15,179,476 15,179,476 - Wastewater Charges for Services 8,972,771 8,972,771 8,972,771 - Sanitation Charges for Services 1,779,679 1,779,679 1,779,679 - License, Fees & Permits 332,928 332,928 332,928 - Water Penalties 1,500 1,500 1,500 - Utility Billing Penalties 142,000 142,000 142,000 - Investment Income 40,000 40,000 40,000 - Other 4,006,491 4,006,491 4,006,491 - Total 30,454,845$ 30,454,845$ 30,454,845$ -$ Expenditures: Administration 3,092,412 3,109,532 3,112,981 3,449 Debt Service 3,712,637 6,331,768 6,331,768 - Water Purchases 7,701,317 7,701,317 7,701,317 - Public Works 15,694,874 15,989,909 16,030,191 40,282 Total 30,201,240$ 33,132,526$ 33,176,257$ 43,731$ EXHIBIT "A" BUDGET AMENDMENT FISCAL YEAR 2021-2022 March 29, 2022 Page 265 Item 15. EXHIBIT "A" BUDGET AMENDMENT FISCAL YEAR 2021-2022 March 29, 2022 Stormwater Drainage Fee Fund Original Budget Current Budget Amended Budget Increase (Decrease) Revenues: Stormwater Drainage Fees 758,100 758,100 758,100 - Other 3,000 3,000 3,000 - Investment Income 2,200 2,200 2,200 - Transfer In - 531,449 531,449 - Total 763,300$ 1,294,749$ 1,294,749$ -$ Expenditures: Operating Expenses 251,040 314,530 315,275 745 Debt Service 253,142 784,591 784,591 - Capital 763,323 763,232 763,232 - Transfers 99,834 99,834 99,834 - Total 1,367,339$ 1,962,187$ 1,962,932$ 745$ Park Dedication/Improvement Fund Original Budget Current Budget Amended Budget Increase (Decrease) Revenues: Park Dedication Fees 430,000 430,000 430,000 - Park Improvement Fees 280,500 280,500 280,500 - Contributions/Grants - 200,550 200,550 - Park Dedication Interest 6,000 6,000 6,000 - Park Improvement Interest 5,000 5,000 5,000 - Total 721,500$ 922,050$ 922,050$ -$ Expenditures: General - Park Dedication - - 1,913,800 1,913,800 General - Park Improvement 666,750 848,702 948,702 100,000 Total 666,750$ 848,702$ 2,862,502$ 2,013,800$ Wastewater Impact Fee Fund Original Budget Current Budget Amended Budget Increase (Decrease) Revenues: Impact Fees 2,000,000 2,000,000 2,000,000 - Equity Fees 300,000 300,000 300,000 - Investment Income 16,000 16,000 16,000 - Total 2,316,000$ 2,316,000$ 2,316,000$ -$ Expenditures: Operations - Developer Reimbursements 1,295,000 1,295,000 1,295,000 - Capital 1,500,000 1,750,000 1,975,000 225,000 Total 2,795,000$ 3,045,000$ 3,270,000$ 225,000$ Total Revenue -$ Total Expenditures 4,789,610.00$ Net Effect All Funds (4,789,610.00)$ Page 266 Item 15. Total Other Issued Debt Unissued Debt Unissued Debt Reimbursement Issued Prior Years 2021-2022 2022-2023 2023-2024 2024-2025 2025-2026 2026-2031 Cost Sources Authorized GO CO Resolution 2020-2021 2021-2022 2022-2023 2023-2024 2024-2025 2025-2026 2026-2031 Neighborhood Park 15 Windsong Park #3: (Design)200,000 200,000 200,000 200,000 15 16 Windsong Park #3: (Construction)930,000 930,000 930,000 930,000 16 15 Windsong Park #3: (Design)100,000 100,000 100,000 G 15 16 Windsong Park #3: (Construction)650,000 650,000 650,000 C 16 48 Remaining Proposition 2: GO Bond Funds 1,130,000 1,130,000 1,130,000 1,130,000 48 Total Other Issued Debt Unissued Debt Unissued Debt Reimbursement Issued Prior Years 2021-2022 2022-2023 2023-2024 2024-2025 2025-2026 2026-2031 Cost Sources Authorized GO CO Resolution 2020-2021 2021-2022 2022-2023 2023-2024 2024-2025 2025-2026 2026-2031 10 Fire Engine - Fire Station #4 0 0 0 10 10 Fire Engine - Fire Station #4 1,250,000 1,250,000 1,250,000 D 10 11 Ambulance - Fire Station #4 552,000 552,000 552,000 D 11 Total Other Issued Debt Unissued Debt Unissued Debt Reimbursement Issued Prior Years 2021-2022 2022-2023 2023-2024 2024-2025 2025-2026 2026-2031 Cost Sources Authorized GO CO Resolution 2020-2021 2021-2022 2022-2023 2023-2024 2024-2025 2025-2026 2026-2031 03 2152-WW Upper Doe Branch WW Line (Teel-PISD Stadium): (Design)250,000 250,000 250,000 A 03 03 2152-WW Upper Doe Branch WW Line (Teel-PISD Stadium): (Design)375,000 375,000 375,000 A 03 04 2152-WW Upper Doe Branch WW Line (Teel-PISD Stadium): (Easements)100,000 100,000 100,000 A 04 05 2152-WW Upper Doe Branch WW Line (Teel-PISD Stadium): (Construction)4,050,000 4,050,000 25,000 K 4,025,000 4,025,000 05 LEGEND 2021-2022 Adopted CIP A Impact Fees CIP Amendment B Grant and Interlocal Funds C Developer Agreements D General Fund E Water / Wastewater Fund F Stormwater Drainage Fund G Park Development Fund H TIRZ #1 J TIRZ #2 K Escrows X Non-Cash Contributions Z Other Sources (See Detail) Description Codes - Other Sources IndexUnissued Debt Schedule Park Projects Funding Sources Enterprise Fund Projects IndexWastewater Projects Funding Sources Unissued Debt Schedule IndexIndex01Summary of Capital Improvement Amendment - 03/29/2022 General Fund Projects IndexIndexFacility Projects Funding Sources Unissued Debt Schedule Page 267 Item 15. Page 1 of 2 To: Mayor and Town Council From: Hulon T. Webb, Jr., Director of Engineering Services Through: Harlan Jefferson, Town Manager Rebecca Zook, Executive Director of Development & Infrastructure Services Re: Town Council Meeting – March 29, 2022 Agenda Item: Consider and act upon an amendment to the Wastewater Master Plan. Description of Agenda Item: Due to the future developments contemplated at the intersection of the Dallas North Tollway and Frontier Parkway, a sanitary sewer line extension is needed from the current terminus of the sanitary sewer line in the Windsong Ranch development near the intersection of Teel Parkway and Prosper Trail. The preliminary design for the extension of the sanitary sewer line is as follows:  connect to the current terminus of the sanitary sewer in Windsong Ranch and extend northeast to Legacy Drive to an existing lift station (include the decommission of the lift station)  turn north along the east side of Legacy Drive and extend to the south side of Frontier Parkway  turn east along the south side of Frontier Parkway and extend to the west side of the Dallas North Tollway  turn south along the west side of the Dallas North Tollway and extend to the south for approximately 1,300 feet  turn east and cross under the Dallas North Tollway and extend along the southern property line of the Metten Tract to the eastern property line of the Metten Tract  turn north along the eastern property line of the Metten Tract and extend to the south side of Frontier Parkway  turn east along the south side of Frontier Parkway and connect to the Prosper ISD Stadium lift station (include the decommission of the lift station) The existing Wastewater Master Plan adopted in 2017, did not include the extension of a sanitary sewer line to this area. The intention was to update the Wastewater Master Plan once the development in the area became clearer. The purpose of the amendment to the Master Plan is to update and depict the proposed alignment of the sanitary sewer to facilitate service of the properties in and around the northern sections of Legacy Drive and the Dallas North Tollway, Prosper is a place where everyone matters. ENGINEERING SERVICES Page 268 Item 16. Page 2 of 2 south of Frontier Parkway; which includes the ability to decommission the two (2) lift stations. It should be noted that by decommissioning of the existing lift station on Legacy Drive, the properties to the east and south to Prosper Trail would also have the ability to be served. Attached Documents: 1. Existing Town of Prosper Wastewater Master Plan 2. Proposed Town of Prosper Wastewater Master Plan Town Staff Recommendation: Town staff recommends that the Town Council amend the Wastewater Master Plan. Proposed Motion: I move to approve an amendment to the Wastewater Master Plan. Page 269 Item 16. 8”8”Page 270Item 16. 8”8”12”12”12”12”12”Page 271Item 16. 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 – March 29, 2022 Agenda Item: Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Claymoore Engineering, Inc., and the Town of Prosper, Texas, related to the design of the Upper Doe Branch Wastewater Line (Teel Parkway to PISD Stadium) project. Description of Agenda Item: The services associated with this agreement are f or the design of approximately four miles of a sanitary sewer line extension from the current terminus of the sanitary sewer line in the Windsong Parkway development, near the intersection of Teel Parkway and Prosper Trail, to the Prosper ISD Stadium lift station. Based on the Town’s Wastewater Master Plan, the sanitary sewer line is anticipated to be as large as twenty-four inches (24”) in diameter. The design also includes the decommissioning of two lift stations, one along the east side of Legacy Drive between Prosper Trail and Frontier Parkway, and the other at the Prosper ISD Stadium. At the April 9, 2019, Town Council meeting, the Town Council approved a list of qualified engineering firms, which included services for wastewater design. Although Claymoore Engineering, Inc., was not included on the approved list, staff received approval to use Claymoore Engineering, Inc., as a Direct Select firm to design this project due to their involvement in the development of both the SEC and SWC of Frontier Parkway and the Dallas North Tollway. The development of both of these key corners in Prosper is being initiated and it is critical that the development and sewer line extension to both corners be seamless. In addition to Claymoore’s direct link to the first developments connecting to this line, the firm is very familiar with the Town’s requirements as they are currently working on development projects throughout the Town. Claymoore Engineering, Inc., has been in business since 2012 and works with other municipalities in the region. Matt Moore, who will be the assigned registrant on this project, has 22 years of experience and has worked in almost every municipality in the Dallas/Fort Worth area. Prosper is a place where everyone matters. ENGINEERING SERVICES Page 272 Item 17. Page 2 of 2 Budget Impact: The cost for the design is $363,000. A budget amendment included in this agenda will increase the design budget for this project from $250,000 to $375,000. The funding source is Account No. 640-5410-50-00-2152-WW. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard Professional Services Agreement as to form and legality. Attached Documents: 1. Professional Service Agreement 2. Location Map Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Professional Services Agreement between Claymoore Engineering, Inc., and the Town of Prosper, Texas, related to the design of the Upper Doe Branch Wastewater Line (Teel Parkway to PISD Stadium) project. Proposed Motion: I move to authorize the Town Manager to execute a Professional Services Agreement between Claymoore Engineering, Inc., and the Town of Prosper, Texas, related to the design of the Upper Doe Branch Wastewater Line (Teel Parkway to PISD Stadium) project. Page 273 Item 17. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 10/20 PAGE 1 OF 15 PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND CLAYMOORE ENGINEERING, INC. FOR THE UPPER DOE BRANCH WW LINE (TEEL-PISD STADIUM) (PRJ# 2152-WW) This Agreement for Professional Engineering Services, hereinafter called “Agreement,” is entered into by the Town of Prosper, Texas, a municipal corporation, duly authorized to act by the Town Council of said Town, hereinafter called “Town,” and Claymoore Engineering, Inc., a company authorized to do business in Texas, acting through a duly authorized officer, hereinafter called “Consultant,” relative to Consultant providing professional engineering services to Town. Town and Consultant when mentioned collectively shall be referred to as the “Parties.” W I T N E S S E T H: WHEREAS, Town desires to obtain professional engineering services in connection with the Upper Doe Branch WW Line (Teel – PISD Stadium) (Prj# 2152-WW), hereinafter called “Project”; For the mutual promises and benefits herein described, Town and Consultant agree as follows: 1. Term of Agreement. This Agreement shall become effective on the date of its execution by both Parties, and shall continue in effect thereafter until terminated as provided herein. 2. Services to be Performed by Consultant. The Parties agree that Consultant shall perform such services as are set forth and described in Exhibit A - Scope of Services and incorporated herein as if written word for word. All services provided by Consultant hereunder shall be performed in accordance with the degree of care and skill ordinarily exercised under similar circumstances by competent members of their profession. In case of conflict in the language of Exhibit A and this Agreement, this Agreement shall govern and control. Deviations from the Scope of Services or other provisions of this Agreement may only be made by written agreement signed by all Parties to this Agreement. 3. Prompt Performance by Consultant. Consultant shall perform all duties and services and make all decisions called for hereunder promptly and without unreasonable delay as is necessary to cause Consultant’s services hereunder to be timely and properly performed. Notwithstanding the foregoing, Consultant agrees to use diligent efforts to perform the services described herein and further defined in any specific task orders, in a manner consistent with these task orders; however, the Town understands and agrees that Consultant is retained to perform a professional service and such services must be bound, first and foremost, by the principles of sound professional judgment and reasonable diligence. 4. Compensation of Consultant. Town agrees to pay to Consultant for satisfactory completion of all services included in this Agreement a total fee of Three Hundred and Sixty Three Thousand Dollars ($363,000) for the Project as set forth and described in Exhibit B - Compensation Schedule and incorporated herein as if written word for word. Lump sum fees shall be billed monthly based on the percentage of completion. Hourly not to exceed fees shall be billed monthly based on hours of work that have been completed. Direct Costs for expenses such as mileage, copies, scans, sub-consultants, and similar costs are included in fees and shall be billed as completed. Consultant agrees to submit statements to Town for professional services no more than once per month. These statements will be based upon Consultant's actual services performed and reimbursable expenses incurred, if any, and Town shall endeavor to make prompt payments. Each statement submitted by Consultant to Town shall be reasonably itemized to show the amount of work performed during that period. If Town fails to pay Consultant within sixty (60) calendar days of the receipt of Consultant's invoice, Consultant may, after giving ten (10) days written Page 274 Item 17. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 10/20 PAGE 2 OF 15 notice to Town, suspend professional services until paid. Nothing contained in this Agreement shall require Town to pay for any work that is unsatisfactory as reasonably determined by Town or which is not submitted in compliance with the terms of this Agreement. The Scope of Services shall be strictly limited. Town shall not be required to pay any amount in excess of the original proposed amount unless Town shall have approved in writing in advance (prior to the performance of additional work) the payment of additional amounts. 5. Town’s Obligations. Town agrees that it will (i) designate a specific person as Town’s representative, (ii) provide Consultant with any previous studies, reports, data, budget constraints, special Town requirements, or other pertinent information known to Town, when necessitated by a project, (iii) when needed, assist Consultant in obtaining access to properties necessary for performance of Consultant’s work for Town, (iv) make prompt payments in response to Consultant’s statements and (v) respond in a timely fashion to requests from Consultant. Consultant is entitled to rely upon and use, without independent verification and without liability, all information and services provided by Town or Town’s representatives. 6. Ownership and Reuse of Documents. Upon completion of Consultant’s services and receipt of payment in full therefore, Consultant agrees to provide Town with copies of all materials and documents prepared or assembled by Consultant under this Agreement and that Town may use them without Consultant's permission for any purpose relating to the Project. Any reuse of the documents not relating to the Project shall be at Town's risk. Consultant may retain in its files copies of all reports, drawings, specifications and all other pertinent information for the work it performs for Town. 7. Town Objection to Personnel. If at any time after entering into this Agreement, Town has any reasonable objection to any of Engineer’s personnel, or any personnel, professionals and/or consultants retained by Engineer, Engineer shall promptly propose substitutes to whom Town has no reasonable objection, and Engineer’s compensation shall be equitably adjusted to reflect any difference in Engineer’s costs occasioned by such substitution. 8. Insurance. Consultant shall, at its own expense, purchase, maintain and keep in force throughout the duration of this Agreement applicable insurance policies as described in Exhibit C - Insurance Requirements and incorporated herein as if written word for word. Consultant shall submit to Town proof of such insurance prior to commencing any work for Town. 9. Indemnification. CONSULTANT DOES HEREBY COVENANT AND AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS TOWN AND ITS OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES AND INVITEES FROM AND AGAINST LIABILITY, CLAIMS, SUITS, DEMANDS AND/OR CAUSES OF ACTION, (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES AND COSTS OF LITIGATION), WHICH MAY ARISE BY REASON OF DEATH OR INJURY TO PROPERTY OR PERSONS BUT ONLY TO THE EXTENT OCCASIONED BY THE NEGLIGENT ACT, ERROR OR OMISSION OF CONSULTANT, ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, INVITEES OR OTHER PERSONS FOR WHOM CONSULTANT IS LEGALLY LIABLE WITH REGARD TO THE PERFORMANCE OF THIS AGREEMENT. IN THE EVENT THAT TOWN AND CONSULTANT ARE CONCURRENTLY NEGLIGENT, THE PARTSUBCONSULTANT AGREE THAT ALL LIABILITY SHALL BE CALCULATED ON A COMPARATIVE BASIS OF FAULT AND RESPONSIBILITY AND THAT NEITHER PARTY SHALL BE REQUIRED TO DEFEND OR INDEMNIFY THE OTHER PARTY FOR THAT PARTY’S NEGLIGENT OR INTENTIONAL ACTS, ERRORS OR OMISSIONS. Page 275 Item 17. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 10/20 PAGE 3 OF 15 10. Notices. Any notices to be given hereunder by either Party to the other may be affected either by personal delivery, in writing, or by registered or certified mail to the following addresses: Claymoore Engineering, Inc. Matt Moore, PE - President 301 S. Coleman, Suite 40 Prosper, TX 75078 matt@claymooreeng.com Town of Prosper Harlan Jefferson, Town Manager PO Box 307 Prosper, TX 75078 hjefferson@prospertx.gov 11. Termination. The obligation to provide further services under this Agreement may be terminated by either Party in writing upon thirty (30) calendar days notice. In the event of termination by Town, Consultant shall be entitled to payment for services rendered through receipt of the termination notice. 12. Sole Parties and Entire Agreement. This Agreement shall not create any rights or benefits to anyone except Town and Consultant, and contains the entire agreement between the Parties. Oral modifications to this Agreement shall have no force or effect. 13. Assignment and Delegation. Neither Town nor Consultant may assign its rights or delegate its duties without the written consent of the other Party. This Agreement is binding on Town and Consultant to the extent permitted by law. Nothing herein is to be construed as creating any personal liability on the part of any Town officer, employee or agent. 14. Texas Law to Apply; Successors; Construction. This Agreement shall be construed under and in accordance with the laws of the State of Texas. It shall be binding upon, and inure to the benefit of, the Parties hereto and their representatives, successors and assigns. Should any provisions in this Agreement later be held invalid, illegal or unenforceable, they shall be deemed void, and this Agreement shall be construed as if such provision had never been contained herein. 15. Conflict of Interest. Consultant agrees that it is aware of the prohibited interest requirement of the Town Charter, which is repeated in Exhibit D - Conflict of Interest Affidavit and incorporated herein as if written word for word, and will abide by the same. Further, a lawful representative of Consultant shall execute the Affidavit included in the exhibit. Consultant understands and agrees that the existence of a prohibited interest during the term of this Agreement will render the Agreement voidable. Consultant agrees that it is further aware of the vendor disclosure requirements set forth in Chapter 176, Local Government Code, as amended, and will abide by the same. In this connection, a lawful representative of Consultant shall execute the Conflict of Interest Questionnaire, Form CIQ, attached hereto as Exhibit E - Conflict of Interest Questionnaire and incorporated herein as if written word for word. 16. Venue. The Parties herein agree that this Agreement shall be enforceable in Prosper, Texas, and if legal action is necessary to enforce it, exclusive venue shall lie in Collin County, Texas. 17. Mediation. In the event of any disagreement or conflict concerning the interpretation of this Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit such disagreement to non-binding mediation. 18. Prevailing Party. In the event a Party initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled Page 276 Item 17. Page 277 Item 17. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 10/20 PAGE 5 OF 15 EXHIBIT A SCOPE OF SERVICES PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND CLAYMOORE ENGINEERING, INC. FOR THE UPPER DOE BRANCH WW LINE (TEEL-PISD STADIUM) (PRJ# 2152-WW) I. PROJECT DESCRIPTION Due to the future developments contemplated at the intersection of the Dallas Parkway and Frontier Parkway, completion of a sanitary sewer extension from the Windsong Ranch development to Frontier Parkway is needed to serve the planned developments. A variable sized sanitary sewer line is needed to be extended from Teel Parkway and Prosper Trail northeast to Legacy Drive to the existing lift station. From this point, the line will head north along Legacy Drive to Frontier Parkway. The proposed sanitary sewer line will head east along Frontier Parkway to the Dallas North Tollway then south along the west side of the Dallas North Tollway where it will cross the Dallas North Tollway and head east at the rear of the Metten Tract and the north along the eastern border of the Metten Tract. The final section of line will extend down Frontier Parkway to the Prosper ISD stadium located east of Frontier Park. The line is proposed to be located within a dedicated sanitary sewer easement along the proposed routing of the sanitary sewer facility. The project will include a preliminary design that will determine the horizontal alignment and easement needs of the project and final design that will include a final design submittal. The project will continue through bid and construction phase services. This scope of services is based upon the preparation of one set of construction contract documents (plans and specifications) for the project. II. TASK SUMMARY Task 1 – Preliminary Design 1. Consultant will attend one meeting with Town to confirm the goals, schedule, and deliverables for the project. 2. Consultant will obtain and review all available data for the proposed sewer line. 3. Consultant will prepare right of entry letters for the proposed surveying services. It is anticipated that the Town will mail the letters to the property owners. 4. Effort will include the consultant preparing an alignment study for the proposed sanitary sewer line which will identify a maximum of three alternatives related to the alignment of the sanitary sewer line. 5. Consultant will conduct field visit with each property owner and town to obtain feedback and approval for preliminary layout. Consultant to provide staking of alignment prior to field visit. 6. Consultant will prepare a sanitary sewer basin map with projected flows based on zoning and Town Wastewater System design requirements in an effort to size the proposed line. 7. Consultant will prepare a preliminary horizontal and vertical layout of the proposed sanitary sewer line based on topographic survey information and other available data. Effort will include submittal of the layout to the Town for review along with response to one round of comments from the Town. 8. Effort will include preparation of an opinion of probably construction cost based on the proposed layout. 9. Consultant will identify the required easements for the proposed sanitary sewer line. Upon approval of the preliminary layout, easements documents will be coordinated with the Surveyor. Page 278 Item 17. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 10/20 PAGE 6 OF 15 Task 2 – Final Design- 1. This task will include preparation of a 90% design based on the design data collected for the project. This submittal will include preparation of the proposed contract and bid documents for review by the Town. Consultant will prepare an updated Opinion of Probable Construction Cost based on the final design documents. Consultant will submit a PDF set of the applicable documents to the Town for review. 2. Consultant will attend one meeting with the Town to review the comments based on the 90% plans. 3. Consultant will submit the proposed plans for the proposed construction of the improvements within the Dallas North Tollway property to NTTA for their review and approval. Effort will include response to comment from NTTA. 4. Effort will include preparation of the 100% Final Design documents based on the review comments received from the 90% review. This package will include the applicable contract and bid documents. The submittal will include electronic copies of the construction drawings in pdf format. 5. Upon completion of Town review of the 100% Final Design documents, the consultant will prepare the final plan package to complete the project in accordance with the Town’s bidding procedures. Effort will include preparation of an opinion of probable construction cost based on the final documents. In addition, the submittal will include electronic copies of the construction drawings in PDF and AutoCAD format based on the Town’s electronic submittal requirements. Task 3 – Bid Phase- 1. Consultant will assist Town by responding to bid questions and interpreting bid documents. Consultant will prepare and issue addendums to the bid documents to plan holders if necessary. 2. Consultant will attend a pre-bid meeting, if necessary, for the construction project and coordinate responses with Town. Task 4 – Construction Phase- Consultant will provide construction phase services as outlined below. Please note that the Consultant does not guarantee the Contractor’s performance, nor is Consultant responsible for supervision of the Contractor’s operation and employees. Consultant shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or any safety precautions and programs relating in any way to the condition of the premises, the work of the Contractor or any Subcontractor. 1. Consultant will attend a pre-construction meeting with the awarded Contractor. 2. Consultant will assist in the processing of submittals, requests for information (RFI), shop drawings, and schedules. 3. Effort will include four (4) site visits to observe the progress and review in general if the work is proceeding in accordance with the final design documents. 4. Consultant will prepare record drawings based on the information furnished by Contractor reflecting changes made during construction. Consultant shall provide electronic files in PDF and a DWG copy of the Record Drawings to the Town. Task 5 – Topographical Survey – Consultant through a subconsultant will perform surveying services for the project. The following survey shall be provided. 1. Prepare a detailed topographic survey for the new sanitary sewer line to be extended from Teel Parkway and Prosper Trail to the existing Prosper ISD stadium. Survey will be an approximate 50-ft swath along the proposed alignment and will include all visible surface features, spot elevations, one-foot contours, boundary lines, and trees that are 6-inches in diameter or larger. The survey will be delivered in electronic AutoCAD format. 2. Surveyor will request Texas 811. 3. Consultant will coordinate with the Town on the marking of their existing utilities. Page 279 Item 17. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 10/20 PAGE 7 OF 15 Task 6 -Easement Documents- 1. Consultant’s surveyor will prepare up to ten (10) permanent easement documents and ten (10) temporary construction easement documents, signed and sealed by a Registered Professional Land Surveyor. Task 7 – Subsurface Utility Engineering (SUE) – Consultant through a subconsultant will provide subsurface utility engineering (SUE) services. SUE work required for this project in a general accordance with the recommended practices and procedures described in ASCE Publication CI/ASCE 38-02. Below is a summary of the levels of SUE work a. Quality Level D (QL “D”) – Information derived from existing records. b. Quality Level C (QL”C) – QL “D” information supplemented with information obtained by surveying visible above-ground utility features (i.e., valves, hydrants, meters, manhole covers, etc.). c. Quality Level B (QL” B”) – Two-dimensional (x, y) information obtained through the application and interpretation of non-destructive surface geophysical methods. Also known as “designating” this quality level provides the horizontal position of subsurface utilities within approximately one foot. d. Quality Level A (QL” A”) – Also known as “locating”, this quality level provides precise three-dimensional (x, y, z) information at critical locations by exposing specific utilities. Non-destructive vacuum excavation equipment is used to expose the utilities at specific points which are then tied down by survey. 1. Effort is assumed to include four (4) test holes in accordance with QL A listed above at locations selected based on Town feedback. 2. Sub-consultant will establish routine/ordinary traffic control (cones and free-standing signage, etc.) whenever required as part of this scope. Task 8- Environmental Services- Consultant through a subconsultant will render the following professional environmental services in connection with the project. A: Phase I Cultural Resources Pedestrian Survey Through cursory review of the project, SUBCONSULTANT has determined that there are no previously recorded sites or other cultural resources within proposed project area. Furthermore, historic aerial photography and topographic maps reveal that the project area is absent of any potentially historic structures. Due to the proximity of the project to unnamed tributary to Doe Branch, the project area has an elevated probability of prehistoric archeological resources. As a portion of the project is located within frequently flooded soils, it is anticipated that the THC may require deep testing to evaluate if the project will impact any deeply buried archeological sites within the floodplain. Once notice-to-proceed (NTP) has been acquired, SUBCONSULTANT will immediately begin preparations to coordinate with the THC. Coordination with the THC will occur through the submittal of an Antiquities Permit Application that describes the project area and details the proposed scope of work. Once the permit application has been approved by the THC, SUBCONSULTANT will be provided a permit number and receive authorization to conduct the archeological survey. The THC has a maximum of 30 days to review a submitted permit application. Concurrent to Antiquities Permit Application review, SUBCONSULTANT will begin coordinating with project management to streamline fieldwork once the permit has been received. Since the project will be located on state land and will require a Section 404 permit, an archeological survey must be conducted for the project to comply with state and federal law. As such, SUBCONSULTANT will provide the following professional services to obtain THC/USACE approval for the project: • complete the Antiquities Permit Application necessary to conduct the intensive pedestrian archeological survey; Page 280 Item 17. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 10/20 PAGE 8 OF 15 • complete a full intensive pedestrian archeological survey to document archeological sites 50 years or older within the project corridor; • make preliminary determinations of eligibility for inclusion in the NRHP or as a State Antiquities Landmark (SAL) for any documented archeological sites encountered; • analyze any artifacts recorded and/or collected (if applicable); • complete and submitting State of Texas Archeological Site Data Forms to the Texas Archeological Research Laboratory (TARL) for any newly recorded archeological sites encountered within the project area and obtain site trinomial identification numbers; • draft a technical report that documents the archeological background review, survey methods, survey results, any necessary NRHP eligibility assessment, and recommendations; and • conduct coordination with the THC to agency comment. Due to the presence of soils indicating both alluvial deposition within the unnamed tributary to Doe Branch floodplain and in situ development within upland settings, this intensive archeological survey will be conducted using systematically-placed shovel tests within the project area. In areas with potential for containing archeological materials in shallow contexts (i.e., depths less than 3 feet [ft]), shovel tests will be excavated to the top of culturally sterile deposits, typically the calcic (Bk) subsoil horizon or bedrock in this area. Each shovel test will be at least 30 centimeters (cm) in diameter and will be excavated in levels not exceeding 20 cm in thickness. Excavated soil will be screened using 0.25-inch (in; 0.64-cm) hardware mesh to facilitate the recovery of artifacts. If clay content is high and cannot be efficiently screened, the excavated soil will be manually troweled and inspected for cultural deposits. Additionally, the physical properties of each natural stratigraphic level will be recorded. All shovel test locations will be plotted using hand-held Global Positioning System (GPS) units. Investigators will document the results of each shovel test on standardized forms. For linear portions of the project (e.g., proposed force and gravity mains), the THC Archeological Survey Standards for Texas require that 16 shovel tests be conducted per mile (mi) along each survey transect. Thus, it is anticipated that a maximum of approximately 46 shovel tests will be required by the current CTA archeological survey standards and will be excavated during the intensive survey. However, the number of shovel and auger tests could vary based on the extent of previous disturbances, exposed bedrock or culturally sterile subsoil, and steep slopes present within the project area, or if archeological site(s) are encountered. B - Delineation of Waters of the United States SUBCONSULTANT will provide professional services to delineate all waters of the United States, including wetlands, at the specified project site. SUBCONSULTANT wetland ecologist will delineate the jurisdictional limits of the streams and any on-channel ponds based on 33 CFR 328.3[e], delineate the jurisdictional limits of any potential wetlands based on the 1987 USACE Wetland Delineation Manual, the Great Plains Regional Supplement, and current Regulatory Guidance Letters. SUBCONSULTANT will record the boundaries of any potential jurisdictional waters with a sub-meter accurate Global Positioning System and on field maps that will be digitized for illustrations and calculations. This delineation map will be provided to the client. The deliverable for this task is a letter report that summarizes the delineation of the site. The letter report will include: • Delineation map of the jurisdictional waters of the United States; • Routine Wetland Determination Data Forms completed for all potential wetlands (including any questionable wetlands); • Representative photographs of upland and jurisdictional sites; • Descriptions of the site and each jurisdictional area (i.e., soils, plant communities, historic land use, stream characteristics, and ultimately the quality); Page 281 Item 17. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 10/20 PAGE 9 OF 15 • Determinations as to significant nexus for all wetlands and non-relatively permanent waters within the study limits; and • Definitions of a water of the United States and whether each water/wetland feature meet a definition (i.e., SUBCONSULTANT’ opinion as to whether they are jurisdictional). C – Protected Species Habitat Assessment This effort will include coordinating with USFWS to determine the species listed in Collin County, habitat surveys for listed protected species and a report presenting the findings of the surveys. Research of available data will determine the listed species and their preferred habitat. Species-specific surveys will not be covered in this scope of services, since they require substantial time throughout particular seasons using specific protocols. Habitat surveys are designed to determine whether the site contains preferred protected species habitat and the likelihood of the presence of that species. A brief letter report will be prepared summarizing the results of the survey. Specifically, the report will describe the habitats present on the site, the protected species that are listed in Collin County and their preferred habitats, and an evaluation of whether or not this preferred habitat is present on the site. D – Section 404/Nationwide Permit Assessment After the delineation and cultural resources survey is completed, SUBCONSULTANT will utilize this information to evaluate the proposed alignment to determine compliance with Section 404 of the CWA, specifically the NWP program. SUBCONSULTANT will evaluate the proposed project and what impacts the project has in waters of the United States to determine the USACE’s scope and type of permit necessary for the impacts. Next SUBCONSULTANT will document the NWP terms and conditions, General Conditions, and Fort Worth District Regional Conditions for the applicable permit. Finally, SUBCONSULTANT will document how the proposed project complies with each of these conditions. SUBCONSULTANT will summarize the delineation, impact assessment, permit conditions, and compliance in a brief letter report. Compile existing information and conduct site visit 1. Prior to making a field visit, obtain information for the vicinity such as soils maps, National Wetland Inventory maps, topographic maps, floodplain maps, and other readily available, pertinent data. This information will be evaluated to guide the field survey described below. Consultant’s scientists will conduct a pedestrian survey of the route to identify environmental issues. This investigation will include the following: i. Identification of “waters of the U.S.” as defined by U.S. Army Corps Engineers’ regulations. These waters of the U.S. are regulated by the USACE and require a permit for activity conducted within the jurisdictional boundaries The presence of jurisdictional waters such as ephemeral, intermittent, or perennial streams; wetlands; or other open waters will be documented. This scope does not include a full wetland delineation. ii. The presence of potential habitat for any federally listed threatened or endangered species will be determined. iii. Readily observable evidence of any obvious environmental contamination such as stained soils, sheens on water, etc. will be noted. Page 282 Item 17. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 10/20 PAGE 10 OF 15 Additional Services: Additional Services to be performed by Consultant, if authorized by the Town which are not included in the above-described scope of services, are described as follows: A. Field layouts or the furnishings of construction line and grade surveys. B. Coordination with TCEQ on existing lift stations that are being removed. C. USACOE 404 permitting D. Archaeological Site Assessment or Trenching E. Providing services made necessary because of unforeseen conditions identified during construction. F. Value Engineering studies after issuance of construction contract. G. Follow-up professional services during Contractor’s warranty period. H. Providing easement acquisition services. I. Providing environmental services beyond those described in the scope of work. III. DELIVERABLES Task 1 & 2- Preliminary & Final Design Provide Preliminary and Final Design for Sanitary Sewer Extension. Task 3 – Bid Phase Provide assistance to Town in addressing bid questions and issuing plans for construction. Task 4 – Construction Phase General construction phase services such as RFI, Site Visits, and Submittal Review. Prepare Record Drawings Task 5 -Topographical Survey AutoCAD file with horizontal and vertical control points, property lines, existing easements, existing utilities and 1-foot contours. Task 6 – Easement Documents Exhibits and legal descriptions for sewer easement and temporary construction easement. Task 7 – Subsurface Utility Engineering (SUE) Task 8 – Environmental Services AutoCAD file with horizontal/vertical locations of Level A test holes Provide a memo documenting the conclusions and recommendations of the environmental assessments. Page 283 Item 17. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 10/20 PAGE 11 OF 15 EXHIBIT B COMPENSATION SCHEDULE PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND CLAYMOORE ENGINEERING, INC. FOR THE UPPER DOE BRANCH WW LINE (TEEL-PISD STADIUM) (PRJ# 2152-WW) I. COMPENSATION SCHEDULE Task Completion Schedule Compensation Schedule Notice-to-Proceed March 2022 Task 1 – Preliminary Design July 2022 $54,000 Task 2 – Final Design December 2022 $160,000 Task 3 – Bid Phase February 2023 $6,500 Task 4 – Construction Phase February 2024 $16,000 Task 5 – Topographical Survey June 2022 $64,000 Task 6 – Easement Documents Task 7 – Subsurface Utility Engineering Task 8 – Environmental Services September 2022 September 2022 September 2022 $20,000 $14,000 $28,500 Total Compensation $363,000 II. COMPENSATION SUMMARY Basic Services (Lump Sum) Amount Task 1 – Preliminary Design $54,000 Task 2 – Final Design $160,000 Task 3 – Bid Phase $6,500 Task 4 – Construction Phase $16,000 Total Basic Services: $236,500 Special Services (Hourly Not-to-Exceed) Amount Task 5- Topographical Survey Task 6- Easement Documents Task 7- Subsurface Utility Engineering (SUE) Task 8- Environmental Services $64,000 $20,000 $14,000 $28,500 Total Special Services: $126,500 Direct Expenses Amount None $0 Total Direct Expenses: $0 Page 284 Item 17. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 10/20 PAGE 12 OF 15 EXHIBIT C INSURANCE REQUIREMENTS Service provider shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the vendor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be borne by the service provider. A certificate of insurance meeting all requirements and provisions outlined herein shall be provided to the Town prior to any services being performed or rendered. Renewal certificates shall also be supplied upon expiration. A. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. ISO Form Number GL 00 01 (or similar form) covering Commercial General Liability. “Occurrence” form only, “claims made” forms are unacceptable, except for professional liability. 2. Workers Compensation insurance as required by the Labor Code of the State of Texas, including Employers’ Liability Insurance. 3. Automobile Liability as required by the State of Texas, covering all owned, hired, or non-owned vehicles. Automobile Liability is only required if vehicle(s) will be used under this contract. 4. Professional Liability, also known as Errors and Omissions coverage. B. MINIMUM LIMITS OF INSURANCE Service Provider shall maintain throughout contract limits not less than: 1. Commercial General Liability: $500,000 per occurrence /$1,000,000 in the aggregate for third party bodily injury, personal injury and property damage. Policy will include coverage for: a. Premises / Operations b. Broad Form Contractual Liability c. Products and Completed Operations d. Personal Injury e. Broad Form Property Damage 2. Workers Compensation and Employer’s Liability: Workers Compensation limits as required by the Labor Code of the State of Texas and Statutory Employer’s Liability minimum limits of $100,000 each accident, $300,000 Disease- Policy Limit, and $100,000 Disease- Each Employee. 3. Automobile Liability: $500,000 Combined Single Limit. Limits can only be reduced if approved by the Town. Automobile liability shall apply to all owned, hired, and non-owned autos. 4. Professional Liability aka Errors and Omissions: $500,000 per occurrence and in the aggregate. C. DEDUCTIBLES AND SELF-INSURED RETENTIONS Any deductible or self-insured retentions in excess of $20,000 must be declared to and approved by the Town. Page 285 Item 17. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 10/20 PAGE 13 OF 15 D. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain the following provisions: 1. General Liability and Automobile Liability Coverages a. The Town, its officers, officials, employees, boards and commissions and volunteers are to be added as “Additional Insured’s” relative to liability arising out of activities performed by or on behalf of the provider, products and completed operations of the provider, premises owned, occupied or used by the provider. The coverage shall contain no special limitations on the scope of protection afforded to the Town, its officers, officials, employees or volunteers. b. The provider’s insurance coverage shall be primary insurance in respects to the Town, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Town, its officers, officials, employees or volunteers shall be in excess of the provider’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town, its officers, officials, employees, boards and commissions or volunteers. d. The provider’s insurance shall apply separately to each insured against whom the claim is made or suit is brought, except to the insured’s limits of liability. 2. Workers Compensation and Employer’s Liability Coverage: The insurer shall agree to waive all rights of subrogation against the Town, its officers, officials, employees and volunteers for losses arising from work performed by the provider for the Town. 3. All Coverages: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled or non-renewed by either party, reduced in coverage or in limits except after 30 days written notice to the Town for all occurrences, except 10 days written notice to the Town for non-payment. 4. Professional Liability and / or Errors and Omissions: “Claims made” policy is acceptable coverage, which must be maintained during the course of the project, and up to two (2) years after completion and acceptance of the project by the Town. E. ACCEPTABILITY OF INSURERS The Town prefers that Insurance be placed with insurers with an A.M. Best’s rating of no less than A- VI, or better. F. VERIFICATION OF COVERAGE Service Provider shall provide the Town with certificates of insurance indicating the coverages required. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of insurance similar to the ACORD Form are acceptable. Town will not accept Memorandums of Insurance or Binders as proof of insurance. The Town reserves the right to require complete, certified copies of all required insurance policies at any time. Certificate holder to be listed as follows: Town of Prosper P.O. Box 307 Prosper, TX 75078 Page 286 Item 17. Page 287 Item 17. Page 288 Item 17. Location MapLegacyDallas North TollwayTeelParvinFrontierProsper TrailPage 289Item 17. Page 1 of 2 To: Mayor and Town Council From: Doug Kowalski, Chief of Police Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – March 29, 2022 Agenda Item: Consider and act upon approving a Standard Form of Agreement with Pogue Construction Co., LP, for the construction of a covered parking structure for the Police Department; and authorizing the Town Manager to execute the same. Description of Agenda Item: The construction of a covered parking structure for the Police Department was previously approved by Town Council. At the Town Council Meeting on March 8, 2022, the Town Council was presented with and discussed four options for covered parking. The Town Council approved moving forward with Option 4: Aluminum canopy with lighting in the amount of $380,906.90. The Town will be connecting to existing systems. Therefore, the Town will use Pogue Construction Co., LP, the CMAR for the Public Safety Complex Phase 1 (Police Department and Dispatch) Facility, in order to maintain the integrity of any mechanical and system warranties. Budgetary Impact: The fiscal year 2021-2022 adopted budget included $179,000 in account 100-6110-20-01. The Town’s Finance Director will present a Budget Amendment for the difference between Option 4 and the original budget of $179,000 on March 29, 2022. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P. has approved the Agreement as to form and legality. Attachments: 1. Standard Agreement 2. General Conditions Contract Town Staff Recommendation: Town staff recommends approving a Standard Form of Agreement with Pogue Construction Co., LP, for the construction of a covered parking structure for the Police Department; and authorizing the Town Manager to execute the same. Prosper is a place where everyone matters. POLICE DEPARTMENT Page 290 Item 18. Page 2 of 2 Proposed Motion: I move to approve a Standard Form of Agreement with Pogue Construction Co., LP, for the construction of a covered parking structure for the Police Department; and authorize the Town Manager to execute the same. Page 291 Item 18. Document A101® – 2017 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:27:34 ET on 03/17/2022 under Order No.2114237620 which expires on 09/02/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA39) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. The parties should complete A101®–2017, Exhibit A, Insurance and Bonds, contemporaneously with this Agreement. AIA Document A201®–2017, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AGREEMENT made as of the 03 day of 29 in the year 2022 (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) Town of Prosper 250 W. First St. Prosper, TX 75078 and the Contractor: (Name, legal status, address and other information) Pogue Construction Co., L.P. 1512 Bray Central Drive, Suite 300 McKinney, TX 75069 for the following Project: (Name, location and detailed description) Town of Prosper Police Station Covered Parking The Architect: (Name, legal status, address and other information) N/A The Owner and Contractor agree as follows. Page 292 Item 18. Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:27:34 ET on 03/17/2022 under Order No.2114237620 which expires on 09/02/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA39) 2 TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS EXHIBIT A INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary, and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be: (Check one of the following boxes.) [ ] The date of this Agreement. [ X ] A date set forth in a notice to proceed issued by the Owner. [ ] Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) If a date of commencement of the Work is not selected, then the date of commencement shall be the date of this Agreement. § 3.2 The Contract Time shall be measured from the date of commencement of the Work. § 3.3 Substantial Completion § 3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion of the entire Work: Page 293 Item 18. Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:27:34 ET on 03/17/2022 under Order No.2114237620 which expires on 09/02/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA39) 3 (Check one of the following boxes and complete the necessary information.) [ X ] Not later than Two Hundred and Fifty Two ( 252 ) calendar days from the date of commencement of the Work. [ ] By the following date: § 3.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial Completion of such portions by the following dates: Portion of Work Substantial Completion Date § 3.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 3.3, liquidated damages, if any, shall be assessed as set forth in Section 4.5. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the Contract. The Contract Sum shall be Three Hundred Eighty Thousand Nine HundredSix Dollars and Ninety Cents ($ 380,906.90 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 Alternates § 4.2.1 Alternates, if any, included in the Contract Sum: Item Price NONE § 4.2.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Agreement. Upon acceptance, the Owner shall issue a Modification to this Agreement. (Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.) Item Price Conditions for Acceptance NONE § 4.3 Allowances, if any, included in the Contract Sum: (Identify each allowance.) Item Price NONE § 4.4 Unit prices, if any: (Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) NONE § 4.5 Liquidated damages, if any: (Insert terms and conditions for liquidated damages, if any.) 100/day § 4.6 Other: (Insert provisions for bonus or other incentives, if any, that might result in a change to the Contract Sum.) Page 294 Item 18. Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:27:34 ET on 03/17/2022 under Order No.2114237620 which expires on 09/02/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA39) 4 ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the day of the month. If an Application for Payment is received by the Architect after the application date fixed above, payment of the amount certified shall be made by the Owner not later than ( ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form, and supported by such data to substantiate its accuracy, as the Architect may require. This schedule of values shall be used as a basis for reviewing the Contractor’s Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 In accordance with AIA Document A201™–2017, General Conditions of the Contract for Construction, and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 5.1.6.1 The amount of each progress payment shall first include: .1 That portion of the Contract Sum properly allocable to completed Work; .2 That portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction, or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; and .3 That portion of Construction Change Directives that the Architect determines, in the Architect’s professional judgment, to be reasonably justified. § 5.1.6.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201–2017; .3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay; .4 For Work performed or defects discovered since the last payment application, any amount for which the Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A201–2017; and .5 Retainage withheld pursuant to Section 5.1.7. § 5.1.7 Retainage § 5.1.7.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the following amount, as retainage, from the payment otherwise due: (Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law.) 5% Page 295 Item 18. Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:27:34 ET on 03/17/2022 under Order No.2114237620 which expires on 09/02/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA39) 5 § 5.1.7.1.1 The following items are not subject to retainage: (Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.) § 5.1.7.2 Reduction or limitation of retainage, if any, shall be as follows: (If the retainage established in Section 5.1.7.1 is to be modified prior to Substantial Completion of the entire Work, including modifications for Substantial Completion of portions of the Work as provided in Section 3.3.2, insert provisions for such modifications.) § 5.1.7.3 Except as set forth in this Section 5.1.7.3, upon Substantial Completion of the Work, the Contractor may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 5.1.7. The Application for Payment submitted at Substantial Completion shall not include retainage as follows: (Insert any other conditions for release of retainage upon Substantial Completion.) § 5.1.8 If final completion of the Work is materially delayed through no fault of the Contractor, the Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AIA Document A201–2017. § 5.1.9 Except with the Owner’s prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor’s responsibility to correct Work as provided in Article 12 of AIA Document A201–2017, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner’s final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect’s final Certificate for Payment, or as follows: § 5.3 Interest Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) % ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201–2017, unless the parties appoint below another individual, not a party to this Agreement, to serve as the Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) Page 296 Item 18. Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:27:34 ET on 03/17/2022 under Order No.2114237620 which expires on 09/02/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA39) 6 § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Article 15 of AIA Document A201–2017, the method of binding dispute resolution shall be as follows: (Check the appropriate box.) [ X ] Arbitration pursuant to Section 15.4 of AIA Document A201–2017 [ ] Litigation in a court of competent jurisdiction [ ] Other (Specify) If the Owner and Contractor do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction. ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201–2017. § 7.1.1 If the Contract is terminated for the Owner’s convenience in accordance with Article 14 of AIA Document A201–2017, then the Owner shall pay the Contractor a termination fee as follows: (Insert the amount of, or method for determining, the fee, if any, payable to the Contractor following a termination for the Owner’s convenience.) § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201–2017. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201–2017 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 The Owner’s representative: (Name, address, email address, and other information) Doug Kowalski § 8.3 The Contractor’s representative: (Name, address, email address, and other information) Brandon Colquitt Page 297 Item 18. Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:27:34 ET on 03/17/2022 under Order No.2114237620 which expires on 09/02/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA39) 7 § 8.4 Neither the Owner’s nor the Contractor’s representative shall be changed without ten days’ prior notice to the other party. § 8.5 Insurance and Bonds § 8.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in AIA Document A101™– 2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, Exhibit A, Insurance and Bonds, and elsewhere in the Contract Documents. § 8.5.2 The Contractor shall provide bonds as set forth in AIA Document A101™–2017 Exhibit A, and elsewhere in the Contract Documents. § 8.6 Notice in electronic format, pursuant to Article 1 of AIA Document A201–2017, may be given in accordance with AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, if completed, or as otherwise set forth below: (If other than in accordance with AIA Document E203–2013, insert requirements for delivering notice in electronic format such as name, title, and email address of the recipient and whether and how the system will be required to generate a read receipt for the transmission.) § 8.7 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 This Agreement is comprised of the following documents: .1 AIA Document A101™–2017, Standard Form of Agreement Between Owner and Contractor .2 AIA Document A101™–2017, Exhibit A, Insurance and Bonds .3 AIA Document A201™–2017, General Conditions of the Contract for Construction .4 AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below: (Insert the date of the E203-2013 incorporated into this Agreement.) .5 Drawings Number Title Date See Exhibit A .6 Specifications Section Title Date Pages .7 Addenda, if any: Number Date Pages Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are also enumerated in this Article 9. .8 Other Exhibits: (Check all boxes that apply and include appropriate information identifying the exhibit where required.) Page 298 Item 18. Init. / AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:27:34 ET on 03/17/2022 under Order No.2114237620 which expires on 09/02/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA39) 8 [ ] AIA Document E204™–2017, Sustainable Projects Exhibit, dated as indicated below: (Insert the date of the E204-2017 incorporated into this Agreement.) [ ] The Sustainability Plan: Title Date Pages [ ] Supplementary and other Conditions of the Contract: Document Title Date Pages .9 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201™–2017 provides that the advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor’s bid or proposal, portions of Addenda relating to bidding or proposal requirements, and other information furnished by the Owner in anticipation of receiving bids or proposals, are not part of the Contract Documents unless enumerated in this Agreement. Any such documents should be listed here only if intended to be part of the Contract Documents.) This Agreement entered into as of the day and year first written above. Town of Prosper Pogue Construction Co., LP, a Texas Limited Partnership, Acting by and through Ben Pogue, LC, a Texas Limited Liability company, General Partner OWNER (Signature) CONTRACTOR (Signature) By: Benjamin P. Pogue, Sole Member of Ben Pogue LC, a Texas Limited Liability Company. (Printed name and title) (Printed name and title) Page 299 Item 18. Additions and Deletions Report for AIA® Document A101® – 2017 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 16:27:34 ET on 03/17/2022. Additions and Deletions Report for AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:27:34 ET on 03/17/2022 under Order No.2114237620 which expires on 09/02/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA39) 1 PAGE 1 AGREEMENT made as of the 03 day of 29 in the year 2022 ... Town of Prosper 250 W. First St. Prosper, TX 75078 ... Pogue Construction Co., L.P. 1512 Bray Central Drive, Suite 300 McKinney, TX 75069 ... Town of Prosper Police Station Covered Parking ... N/A PAGE 2 [ X ] A date set forth in a notice to proceed issued by the Owner. PAGE 3 [ X ] Not later than Two Hundred and Fifty Two ( 252 ) calendar days from the date of commencement of the Work. Page 300 Item 18. Additions and Deletions Report for AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:27:34 ET on 03/17/2022 under Order No.2114237620 which expires on 09/02/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA39) 2 ... § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the Contract. The Contract Sum shall be Three Hundred Eighty Thousand Nine HundredSix Dollars and Ninety Cents ($ 380,906.90 ), subject to additions and deductions as provided in the Contract Documents. ... NONE ... NONE ... NONE ... NONE ... 100/day PAGE 4 5% PAGE 6 [ X ] Arbitration pursuant to Section 15.4 of AIA Document A201–2017 ... Doug Kowalski ... Brandon Colquitt PAGE 7 See Exhibit A Page 301 Item 18. Additions and Deletions Report for AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:27:34 ET on 03/17/2022 under Order No.2114237620 which expires on 09/02/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA39) 3 PAGE 8 Town of Prosper Pogue Construction Co., LP, a Texas Limited Partnership, Acting by and through Ben Pogue, LC, a Texas Limited Liability company, General Partner ... By: Benjamin P. Pogue, Sole Member of Ben Pogue LC, a Texas Limited Liability Company. Page 302 Item 18. AIA Document D401™ – 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:27:34 ET on 03/17/2022 under Order No.2114237620 which expires on 09/02/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA39) 1 Certification of Document's Authenticity AIA® Document D401™ – 2003 I, Ben Pogue, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 16:27:34 ET on 03/17/2022 under Order No. 2114237620 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A101TM - 2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. _____________________________________________________________ (Signed) _____________________________________________________________ (Title) _____________________________________________________________ (Dated) Page 303 Item 18. Page 305 Item 18. Page 306 Item 18. Page 307 Item 18. Page 308 Item 18. Page 309 Item 18. Page 310 Item 18. Page 311 Item 18. Page 312 Item 18. Page 313 Item 18. Page 314 Item 18. Page 315 Item 18. Page 316 Item 18. Page 317 Item 18. Page 318 Item 18. Page 319 Item 18. Page 320 Item 18. Page 321 Item 18. Page 322 Item 18. Page 323 Item 18. Page 324 Item 18. Page 325 Item 18. Page 326 Item 18. Page 327 Item 18. Page 328 Item 18. Page 329 Item 18. Page 330 Item 18. Page 331 Item 18. Page 332 Item 18. Page 333 Item 18. Page 334 Item 18. Page 335 Item 18. Page 336 Item 18. Page 337 Item 18. Page 338 Item 18. Page 339 Item 18. Page 340 Item 18. Page 341 Item 18. Page 342 Item 18. Page 343 Item 18. Page 344 Item 18. Page 345 Item 18. Page 1 of 2 To: Mayor and Town Council From: Paul Naughton, RLA, Parks Planning Manager Through: Harlan Jefferson, Town Manager Robyn Battle, Executive Director of Community Services Re: Town Council Meeting – March 29, 2022 Agenda Item: Consider and act upon awarding CSP No. 2022-31-B to North Rock Construction, related to construction services for the Town Hall Honor Wall (2117-PK); and authorizing the Town Manager to execute a construction agreement for same. Description of Agenda Item: On February 10, 2022 at 2:00 PM, three (3) Competitive Sealed Proposals (CSP) were received for the Town Hall Honor Wall project. 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.  Proposed Project Timeline (20%)  Cost Proposal (50%) The verified cost proposals ranged between $221,877.00 and $310,654.00. The proposed final completion times ranged from 70 calendar days to 120 calendar days. North Rock Construction, was the firm that ranked the highest after consideration of Costs, Time, and Qualifications, with a negotiated cost of $221,877.00 and negotiated project timeline of 120 calendar days. North Rock Construction costs include both Honor Walls and associated sitework and masonry. North Rock Construction recently completed the construction of the Whitley Place Trail Powerline Project for the Town and the Gateway Monument. Staff checked the references provided and received positive feedback. Prosper is a place where everyone matters. PARKS & RECREATION Page 346 Item 19. Page 2 of 2 Budget Impact: The FY 2021-2022 Capital Improvement Program included a total budget of $221,877.00 in General Funds for the Town Hall Honor Wall Project. This agreement will be funded from the account 100-6610-10-99. 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. Evaluation Matrix 2. Construction Agreement Town Staff Recommendation: Town staff recommends awarding CSP No. 2022-31-B to North Rock Construction, related to construction services for the Town Hall Honor Wall (2117-PK); and authorizing the Town Manager to execute a construction agreement for same. Proposed Motion: I move to award CSP No. 2022-31-B to North Rock Construction, related to construction services for the Town Hall Honor Wall (2117-PK); and authorizing the Town Manager to execute a construction agreement for same. Page 347 Item 19. Page 348 Item 19. CSP No. 2022-31-BEVALUATION CRITERIA WEIGHTING POINTS WEIGHTED SCOREPOINTS WEIGHTED SCOREPOINTS WEIGHTED SCOREQualifications and Experience30%7.19 2.16 7.36 2.21 9.11 2.73Proposed Project Timeline20%10.00 2.00 5.83 1.17 5.83 1.17Cost Proposal50%7.14 3.57 8.88 4.44 10.00 5.00TOTAL 100% 7.73 7.81 8.90Town Hall Honor WallEVALUATION MATRIX AUTHERS BUILDING GROUPGROD CONSTRUCTION, LLC NORTH ROCK CONSTRUCTIONPage 349Item 19. 2022-31-B Town Hall Honor Wall Issue Date:1/25/2022 Questions Deadline:2/4/2022 12:00 PM (CT) Response Deadline:2/10/2022 02:00 PM (CT) Contact Information Contact:January Calhoun, 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:jcalhoun@prospertx.gov Page 1 of 12 pages Deadline: 2/10/2022 02:00 PM (CT)2022-31-B Page 350 Item 19. Event Information Number:2022-31-B Title:Town Hall Honor Wall Type:Competitive Sealed Proposal Issue Date:1/25/2022 Question Deadline:2/4/2022 12:00 PM (CT) Response Deadline:2/10/2022 02:00 PM (CT) Notes:Budget: $77,000 The Town of Prosper is accepting competitive sealed proposals for CSP NO. 2022- 31-B TOWN HALL HONOR WALL. 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, February 10, 2022. Any proposals received after this time will not be accepted, and will be returned unopened. The proposal opening will be held online on Thursday, February 10, 2022 @ 3:00 P.M. To participate in the proposal opening, please use the following: Join Zoom Meeting: https://us02web.zoom.us/j/88916650926 Meeting ID: 889 1665 0926 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 a new brick, cast stone and limestone clad honor wall with bronze metal plaques for each of the military divisions, police and fire. The project scope includes inground lighting, pavers, demolition, concrete foundation and minor sitework Each proposal submitted shall be accompanied by a cashier's check in the amount of 5% of the maximum amount proposed, payable without recourse to the Town of Prosper, or a Bid Bond in the same amount from a reliable surety company as a guarantee that, if awarded the contract, the successful Contractor will execute a Construction Agreement with the Town, including all required bonds and other documents. The successful Contractor shall furnish a Performance Bond in the amount of 115% of the contract amount, and a Payment Bond in the amount of 100% of the contract amount, as well as evidence of all required insurance coverage within ten (10) calendar days of notice of award. The successful Contractor shall also furnish a Maintenance Bond in the amount of 100% of the contract amount covering defects of material and workmanship for two calendar years following the Town's approval and acceptance of the construction. An approved surety company, licensed in the State of Texas, shall issue all bonds in accordance with Texas law. Copies of Plans, Specifications, and Contract Documents may be examined at Town of Prosper Parks and Recreation Department, 409 E. First Street Prosper, Texas, 75078, Phone: (972) 569-1160 without charge. These documents may be acquired from that office for the non-refundable purchase price of $25 per set, payable to the Town of Prosper. Copies of Plans, Specifications, and Contract Documents may Page 2 of 12 pages Deadline: 2/10/2022 02:00 PM (CT)2022-31-B Page 351 Item 19. 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, February 4, 2022. 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 Planholder Registration Form to be added to the official Planholder List Ship To Information Contact:January Calhoun, 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:jcalhoun@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 Pre-Proposal Conference 2/3/2022 3:00:00 PM (CT) A pre-proposal meeting will be held online for this project at 3:00 P.M., Thursday, February 3, 2022. Attendance is optional. To participate in the pre-proposal meeting, please use the following: Join Zoom Meeting: https://us02web.zoom.us/j/88538410859 Meeting ID: 885 3841 0859 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 Public Proposal Opening 2/10/2022 3:00:00 PM (CT) The proposal opening will be held online on Thursday, February 10, 2022 @ 3:00 P.M. To participate in the proposal opening, please use the following: Join Zoom Meeting: https://us02web.zoom.us/j/88916650926 Meeting ID: 889 1665 0926 Dial-in any of these numbers: +1 929 436 2866, +1 312 626 6799, +1 669 900 6833, +1 253 215 8782, +1 301 715 8592 or +1 346 248 7799 Page 3 of 12 pages Deadline: 2/10/2022 02:00 PM (CT)2022-31-B Page 352 Item 19. Bid Attachments CSP No. 2022-31-B Contract Documents and Specifications.pdf Download CSP No. 2022-31-B Contract Documents and Specifications CSP No. 2022-31-B Construction Plans.pdf Download CSP No. 2022-31-B Construction Plans Standard Terms and Conditions for Procurements Construction V 4-24-20.pdf Download Standard Terms and Conditions for Procurements Construction GENERAL CONDITIONS CIP 2-21-2020.pdf Download GENERAL CONDITIONS CIP 2-21-2020 Insurance Requirements for Construction Services R7-25-19.pdf Download Insurance Requirements for Construction Services CSP No. 2022-31-B Bid Bond.pdf Download CSP No. 2022-31-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. 2022-31-B Planholder Registration Form.pdf Download CSP No. 2022-31-B Planholder Registration Form Requested Attachments Attachment A1 - Qualifications and Experience (Attachment required) Outline contractor and subcontractor experience with similar projects Attachment A2 - Resumes (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 - Completed Projects and References Worksheet (Attachment required) Complete and submit the Completed Projects and References Worksheet. Attachment A4 - Project Schedule (Attachment required) Submit a copy of an actual project schedule used during construction (this should be a sample for same or similar project already in progress or completed) Bid Bond (Attachment required) Out of State Contractor Compliance Form Only if applicable Conflict of Interest Questionnaire Only if applicable Page 4 of 12 pages Deadline: 2/10/2022 02:00 PM (CT)2022-31-B Page 353 Item 19. Bid Attributes 1 Bid Proposal Condition No. 1 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. I Agree (Required: Check if applicable) 2 Bid Proposal Condition No. 2 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those terms and conditions dealing with the disposition of Bid guaranty. This Bid will remain subject to acceptance for 90 calendar days after the day of opening Bids. Bidder will sign and submit the Agreement with the Bonds and other documents required by the Contract Documents within ten (10) calendar days after the date of Owner's Notice of Award. I Agree (Required: Check if applicable) 3 Bid Proposal Condition No. 3 The right is reserved, as the interest of the Owner may require, to reject any and all Bids and to waive any informality in the Bids received. I Agree (Required: Check if applicable) 4 Bid Proposal Condition No. 4 Bidder has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. I Agree (Required: Check if applicable) 5 Bid Proposal Condition No. 5 Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies that pertain to the subsurface or physical conditions at the site or which otherwise may affect the cost, progress, performance or furnishing of the Work as Bidder considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by Bidder for such purposes. I Agree (Required: Check if applicable) 6 Bid Proposal Condition No. 6 Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by the Bidder in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. I Agree (Required: Check if applicable) Page 5 of 12 pages Deadline: 2/10/2022 02:00 PM (CT)2022-31-B Page 354 Item 19. 7 Bid Proposal Condition No. 7 Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. I Agree (Required: Check if applicable) 8 Bid Proposal Condition No. 8 Bidder has given Engineer written notice of all conflicts, errors or discrepancies that it has discovered, if any, in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder. I Agree (Required: Check if applicable) 9 Bid Proposal Condition No. 9 This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from submitting a Bid; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. I Agree (Required: Check if applicable) 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) Page 6 of 12 pages Deadline: 2/10/2022 02:00 PM (CT)2022-31-B Page 355 Item 19. 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) 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) Page 7 of 12 pages Deadline: 2/10/2022 02:00 PM (CT)2022-31-B Page 356 Item 19. 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) 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) Page 8 of 12 pages Deadline: 2/10/2022 02:00 PM (CT)2022-31-B Page 357 Item 19. 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) 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) Page 9 of 12 pages Deadline: 2/10/2022 02:00 PM (CT)2022-31-B Page 358 Item 19. 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) 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) Page 10 of 12 pages Deadline: 2/10/2022 02:00 PM (CT)2022-31-B Page 359 Item 19. 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 days to reach substantial completion of all construction (Required: Numbers only) 5 0 Project Timeline: Final Completion Provide number of days to reach final completion of all construction (this should be the number of days in addition to the number of days proposed for substantial completion) (Required: Numbers only) Bid Lines 1 Lump sum price to construct Town of Prosper Honor Wall, complete and in place per the contract documents and specifications and construction plans. (Response required) Quantity:1 UOM:LS Unit Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) Page 11 of 12 pages Deadline: 2/10/2022 02:00 PM (CT)2022-31-B Page 360 Item 19. 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 12 of 12 pages Deadline: 2/10/2022 02:00 PM (CT)2022-31-B Page 361 Item 19. CSP NO: 2022-31-B TOWN HALL HONOR WALL (Document Version 05/21) 6 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 North Rock Construction, 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. 2022-31-B TOWN HALL HONOR WALL 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 Architect, 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 Page 362 Item 19. CSP NO: 2022-31-B TOWN HALL HONOR WALL (Document Version 05/21) 7 resolved by giving precedence to the Contract Documents in the order in which they are listed herein above. If, however, there exists a conflict or inconsistency between the Technical Specifications and the Construction Drawings it shall be the Contractor’s obligation to seek clarification as to which requirements or provisions control before undertaking any work on that component of the project. Should the Contractor fail or refuse to seek a clarification of such conflicting or inconsistent requirements or provisions prior to any work on that component of the project, the Contractor shall be solely responsible for the costs and expenses - including additional time - necessary to cure, repair and/or correct that component of the project. B. Total of Payments Due Contractor For performance of the Work in accordance with the Contract Documents, the Owner shall pay the Contractor in current funds an amount not to exceed Two Hundred Twenty-One Thousand Eight Seventy- Seven dollars and no cents ($221,877.00). This amount is subject to adjustment by change order in accordance with the Contract Documents. C. Dates to Start and Complete Work Contractor shall begin work within ten (10) calendar days after receiving a written Notice to Proceed or written Work Order from the Owner. All Work required under the Contract Documents shall be substantially completed within 90 calendar days after the date of the Notice to Proceed for the base proposal. Within 30 additional calendar days after Substantial Completion, all outstanding issues shall be addressed and ready for final payment. Under this Construction Agreement, all references to “day” are to be considered “calendar days” unless noted otherwise. D. CONTRACTOR'S INDEMNITY TO THE OWNER AND OTHERS CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE TOWN OF PROSPER (OWNER) TOGETHER WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEY FEES WHICH MAY ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGE TO, OR LOSS OF USE OF ANY PROPERTY OCCASIONED BY ERROR, OMISSION, OR NEGLIGENT ACT OF CONTRACTOR, ITS SUBCONTRACTORS, ANY OFFICERS, AGENTS OR EMPLOYEES OF CONTRACTOR OR ANY SUBCONTRACTORS, INVITEES, AND ANY OTHER THIRD PARTIES OR PERSONS FOR WHOM OR WHICH CONTRACTOR IS LEGALLY RESPONSIBLE, IN ANY WAY ARISING OUT OF, RELATING TO, RESULTING FROM, OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT, AND CONTRACTOR WILL AT HIS OR HER OWN COST AND EXPENSE DEFEND AND PROTECT TOWN OF PROSPER (OWNER) FROM ANY AND ALL SUCH CLAIMS AND DEMANDS. CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS TOWN OF PROSPER (OWNER) TOGETHER WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES, FROM AND Page 363 Item 19. CSP NO: 2022-31-B TOWN HALL HONOR WALL (Document Version 05/21) 8 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.) Page 364 Item 19. CSP NO: 2022-31-B TOWN HALL HONOR WALL (Document Version 05/21) 9 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. 2022-31-B Town Hall Honor Wall Project 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 Page 365 Item 19. CSP NO: 2022-31-B TOWN HALL HONOR WALL (Document Version 05/21) 10 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. Page 366 Item 19. CSP NO: 2022-31-B TOWN HALL HONOR WALL (Document Version 05/21) 11 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 Page 367 Item 19. CSP NO: 2022-31-B TOWN HALL HONOR WALL (Document Version 05/21) 12 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. Page 368 Item 19. CSP NO: 2022-31-B TOWN HALL HONOR WALL (Document Version 05/21) 13 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 Page 369 Item 19. CSP NO: 2022-31-B TOWN HALL HONOR WALL (Document Version 05/21) 14 "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 Page 370 Item 19. CSP NO: 2022-31-B TOWN HALL HONOR WALL (Document Version 05/21) 15 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 Page 371 Item 19. CSP NO: 2022-31-B TOWN HALL HONOR WALL (Document Version 05/21) 16 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 Page 372 Item 19. CSP NO: 2022-31-B TOWN HALL HONOR WALL (Document Version 05/21) 17 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.] Page 373 Item 19. CSP NO: 2022-31-B TOWN HALL HONOR WALL (Document Version 05/21) 18 NORTH ROCK CONSTRUCTION, LLC TOWN OF PROSPER, TEXAS By: ___________________________________ By: HARLAN JEFFERSON Title: ___________________________________ Title: Town Manager Date: Date: Address: 525 South Loop 288 Suite 105 Denton, Texas 76205 Phone: (940) 220-5500 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 Page 374 Item 19. CSP NO: 2022-31-B TOWN HALL HONOR WALL (Document Version 05/21) 19 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 29th day of March, A.D. 2022, 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. 2022-31-B TOWN HALL HONOR WALL 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. Page 375 Item 19. CSP NO: 2022-31-B TOWN HALL HONOR WALL (Document Version 05/21) 20 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 ________________, 2022. 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.] Page 376 Item 19. CSP NO: 2022-31-B TOWN HALL HONOR WALL (Document Version 05/21) 21 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. Page 377 Item 19. CSP NO: 2022-31-B TOWN HALL HONOR WALL (Document Version 05/21) 22 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 29th day of March, A.D. 2022, 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. 2022-31-B TOWN HALL HONOR WALL 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 Page 378 Item 19. CSP NO: 2022-31-B TOWN HALL HONOR WALL (Document Version 05/21) 23 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 _________________, 2022. 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.] Page 379 Item 19. CSP NO: 2022-31-B TOWN HALL HONOR WALL (Document Version 05/21) 24 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. Page 380 Item 19. CSP NO: 2022-31-B TOWN HALL HONOR WALL (Document Version 05/21) 25 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 29th day of March, 2022, to furnish all permits, licenses, bonds, insurance, products, materials, equipment, labor, supervision, and other accessories necessary for the construction of: CSP NO. 2022-31-B TOWN HALL HONOR WALL 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. Page 381 Item 19. CSP NO: 2022-31-B TOWN HALL HONOR WALL (Document Version 05/21) 26 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 ____________, 2022. 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.] Page 382 Item 19. CSP NO: 2022-31-B TOWN HALL HONOR WALL (Document Version 05/21) 27 ATTEST: SURETY: By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Printed Name Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax Page 383 Item 19. 2022-31-B Addendum 1 North Rock Construction Supplier Response Event Information Number:2022-31-B Addendum 1 Title:Town Hall Honor Wall Type:Competitive Sealed Proposal Issue Date:1/25/2022 Deadline:2/10/2022 02:00 PM (CT) Notes:Budget: $77,000 The Town of Prosper is accepting competitive sealed proposals for CSP NO. 2022-31-B TOWN HALL HONOR WALL. 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, February 10, 2022. Any proposals received after this time will not be accepted, and will be returned unopened. The proposal opening will be held online on Thursday, February 10, 2022 @ 3:00 P.M. To participate in the proposal opening, please use the following: Join Zoom Meeting: https://us02web.zoom.us/j/88916650926 Meeting ID: 889 1665 0926 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 a new brick, cast stone and limestone clad honor Page 1 of 9 pages Vendor: North Rock Construction 2022-31-B Addendum 1 Page 384 Item 19. wall with bronze metal plaques for each of the military divisions, police and fire. The project scope includes inground lighting, pavers, demolition, concrete foundation and minor sitework Each proposal submitted shall be accompanied by a cashier's check in the amount of 5% of the maximum amount proposed, payable without recourse to the Town of Prosper, or a Bid Bond in the same amount from a reliable surety company as a guarantee that, if awarded the contract, the successful Contractor will execute a Construction Agreement with the Town, including all required bonds and other documents. The successful Contractor shall furnish a Performance Bond in the amount of 115% of the contract amount, and a Payment Bond in the amount of 100% of the contract amount, as well as evidence of all required insurance coverage within ten (10) calendar days of notice of award. The successful Contractor shall also furnish a Maintenance Bond in the amount of 100% of the contract amount covering defects of material and workmanship for two calendar years following the Town's approval and acceptance of the construction. An approved surety company, licensed in the State of Texas, shall issue all bonds in accordance with Texas law. Copies of Plans, Specifications, and Contract Documents may be examined at Town of Prosper Parks and Recreation Department, 409 E. First Street Prosper, Texas, 75078, Phone: (972) 569-1160 without charge. These documents may be acquired from that office for the non-refundable purchase price of $25 per set, payable to the Town of Prosper. Copies of Plans, Specifications, and Contract Documents may also be downloaded free of charge from Current Bidding Opportunities, at the following link: http://www.prospertx.gov/business/bid-opportunities/. Questions and requests for clarifications in regards to this proposal should be 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, February 4, 2022. 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 Planholder Registration Form to be added to the official Planholder List Contact Information Contact:January Calhoun, Purchasing Manager Address:Purchasing Office Page 2 of 9 pages Vendor: North Rock Construction 2022-31-B Addendum 1 Page 385 Item 19. Town Hall 3rd Floor 250 W. First St. P.O. Box 307 Prosper, TX 75078 Phone:(972) 569-1018 Email:jcalhoun@prospertx.gov Page 3 of 9 pages Vendor: North Rock Construction 2022-31-B Addendum 1 Page 386 Item 19. North Rock Construction Information Contact:John F. Gann II Address:525 South Loop 288 Suite 105 Denton, TX 76205 Phone:(940) 220-5500 Fax:(877) 305-4657 Toll Free:(940) 220-5500 Web Address:nrockconstruction.com By submitting your response, you certify that you are authorized to represent and bind your company. John F Gann II jgann@nrockconstruction.com Signature Email Submitted at 2/10/2022 1:55:42 PM Requested Attachments Attachment A1 - Qualifications and Experience Contractor Qualifications and Experience - Prosper Honor Walls.docx Outline contractor and subcontractor experience with similar projects Attachment A2 - Resumes Personel Resumes for Prosper Honor Walls.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 - Completed Projects and References Worksheet CIP Completed Projects and References Worksheet 5-7-20 - Fillable.pdf Complete and submit the Completed Projects and References Worksheet. Attachment A4 - Project Schedule 08.01.2019 Propser Entry Sign Project Schedule.pdf Submit a copy of an actual project schedule used during construction (this should be a sample for same or similar project already in progress or completed) Bid Bond Prosper Walls Bid Bond.pdf Out of State Contractor Compliance Form No response Only if applicable Conflict of Interest Questionnaire No response Only if applicable Bid Attributes 1 Bid Proposal Condition No. 1 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. I Agree (I Agree) Page 4 of 9 pages Vendor: North Rock Construction 2022-31-B Addendum 1 Page 387 Item 19. 2 Bid Proposal Condition No. 2 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those terms and conditions dealing with the disposition of Bid guaranty. This Bid will remain subject to acceptance for 90 calendar days after the day of opening Bids. Bidder will sign and submit the Agreement with the Bonds and other documents required by the Contract Documents within ten (10) calendar days after the date of Owner's Notice of Award. I Agree (I Agree) 3 Bid Proposal Condition No. 3 The right is reserved, as the interest of the Owner may require, to reject any and all Bids and to waive any informality in the Bids received. I Agree (I Agree) 4 Bid Proposal Condition No. 4 Bidder has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. I Agree (I Agree) 5 Bid Proposal Condition No. 5 Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies that pertain to the subsurface or physical conditions at the site or which otherwise may affect the cost, progress, performance or furnishing of the Work as Bidder considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by Bidder for such purposes. I Agree (I Agree) 6 Bid Proposal Condition No. 6 Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by the Bidder in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. I Agree (I Agree) 7 Bid Proposal Condition No. 7 Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. I Agree (I Agree) 8 Bid Proposal Condition No. 8 Bidder has given Engineer written notice of all conflicts, errors or discrepancies that it has discovered, if any, in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder. I Agree (I Agree) Page 5 of 9 pages Vendor: North Rock Construction 2022-31-B Addendum 1 Page 388 Item 19. 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) 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) Page 6 of 9 pages Vendor: North Rock Construction 2022-31-B Addendum 1 Page 389 Item 19. 1 7 Base Bid Cost of Materials $150876.36 1 8 Base Bid Cost of Labor, Profit, etc. $71000.64 1 9 Addendum No. 1 Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued) Acknowledged (Acknowledged) 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. Maxon Drilling 2 5 Subcontractor 1 - Type of Work Drilled Piers 2 6 Subcontractor 1 - % of Work 9% 2 7 Subcontractor 2 - Name R&A Masonry 2 8 Subcontractor 2 - Type of Work Masonry Page 7 of 9 pages Vendor: North Rock Construction 2022-31-B Addendum 1 Page 390 Item 19. 2 9 Subcontractor 2 - % of Work No response 3 0 Subcontractor 3 - Name Groves Electric 3 1 Subcontractor 3 - Type of Work No response 3 2 Subcontractor 3 - % of Work No response 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. CMC Construction Services 4 0 Supplier 1 - Type of Material/Equipment Lime 4 1 Supplier 2 - Name Barnsco 4 2 Supplier 2 - Type of Material/Equipment Rebar 4 3 Supplier 3 - Name Redi Mix Page 8 of 9 pages Vendor: North Rock Construction 2022-31-B Addendum 1 Page 391 Item 19. 4 4 Supplier 3 - Type of Material/Equipment Concrete 4 5 Supplier 4 - Name ARK Ramos 4 6 Supplier 4 - Type of Material/Equipment Plaques 4 7 Supplier 5 - Name No response 4 8 Supplier 5 - Type of Material/Equipment No response 4 9 Project Timeline: Substantial Completion Provide number of days to reach substantial completion of all construction 90 5 0 Project Timeline: Final Completion Provide number of days to reach final completion of all construction (this should be the number of days in addition to the number of days proposed for substantial completion) 120 Bid Lines 1 Lump sum price to construct Town of Prosper Honor Wall, complete and in place per the contract documents and specifications and construction plans. Quantity:1 UOM:LS Unit Price:$221,877.00 Total:$221,877.00 Response Total: $221,877.00 Page 9 of 9 pages Vendor: North Rock Construction 2022-31-B Addendum 1 Page 392 Item 19. Page 393 Item 19. Page 394 Item 19. Page 395 Item 19. Page 396 Item 19. Town of Prosper Fire Station No. 4 / Space Program Building Space Program January 27, 2022 PROGRAM NEED FLOOR AREA (square feet) APPROX. DIMENSIONS (feet) OCC LOAD FUTURE EXPANSION? SPECIAL REQUIREMENTS / NOTES Fire Station Entry / Lobby 240 2 Main Entrance / Air lock / Public Waiting area 911 phone & door bell or intercom Public Handicap Restroom (Unisex)64 8' x 8' 0 1 Awards / Historic Display Treatment / Triage Room 80 SUB-TOTAL 384 2 Watch Room / Report Writing 210 2 # workspaces: 3 Adjacent to Lobby / Bay Direct access to Bay required? N MDF 64 1 Captain's Office / Sleeping 250 25' x 10' 2 # of beds: 1 - Add ~20 SF for separate office and sleeping rooms Officers' Restroom 120 10' x 12'1 (possibly shared W/ Shelter) Dormitory / Sleeping Rooms 600 100 ea. 12 # of Beds: 6 Type: Private: X Semi-private: ___ Dorm: ___ Study Desks: Y Captain Bed: Y Lockers in each area: Y Fire Fighter Restrooms / Shower 330 110 sq. ft. ea. # single-user: 3 M/F Locker Rooms: ___ 2 Standard +1 H.C. Dayroom 460 20' x 23' 3 Minimum # recliners: 7 Open to Dining / Kitchen Y Kitchen and Pantries 600 20' x 30' 4 Assumes walk-in pantries, may be larger for 2 company station Pantries #: 3 Type: walk-in Range size: 6 burner & griddle Type 1 hood?: N U/C Trash? Y / N Dishwashers: 1 U/C Ice? Y / N Other: Dining 310 22 Gas grill - alert system shutoff Include outdoor covered patio? Y Conference Room 300 20 To accommodate: 8-10 persons Double as EOC?: N Include outdoor patio? N Other: TV Physical Training 485 10 Exercise equipment, fans EMS Storage (Daily station use)80 1 EMS Storage / Daily use Laundry Room 120 12' x 10' 1 # Washers: 1 # Dryers: 1 #Ice Machine: 1 Folding countertop or table, storage cabinets Janitorial Closet with Storage 80 1 Mop sink, cleaning supplies Mezzanine Stair / Ladder 200 Vertical circulation for 2-story station TBD TBD if required Apparatus Bays 3,100 17'-4" wide ea. Min. 70' deep min. 11 # of Bays (Current): 2.5 Future Expans: Pull-Through: Y @ 2 full Bay Length (Clear inside): 70' min. Bay Doors: Four-fold: 5 Air Locks 160 (2) @ 5' x 8' = 80 sq. ft. 1 Air locks to control fume migration from app bays into fire station. Wide crash bars preferred. General Storage (Air Conditioned)120 1 Ice Machine Alcove Included @ Laundry Must be Conditioned?: Y Bunker Gear Lockers 450 2 Enough Lockers for ALL 3 shifts (18) Separate room preferred, with ventilation and no incandescent lighting. Extractor Room & Decontamination 190 2 Extractor washer with trench drain: 1 Gear Dryers: 1 Cascade Unit: 1 Relationship to Gear Lockers: Adjacent Deep sink with ___ LF drainboard Mop Sink: 2'x2' 3'x3' w/ em shower: Y / N Backboard Storage ___ Oil Rags / Towels Laundry 100 1 Laundry adjacent to app bay to keep separate from linens and living quarter use Workroom / Shop / Hose & General Storage 350 2 Tool & Hose storage / Workshop Woodblock counter SCBA (Cascade System) 120 1 Electrical Main 80 8' x 10' 1 Most electrical panels, generator ATS Electrical Secondary 65 Mechanical Room / Mezzanine 450 2 Air Conditioning air handlers (for stations using split systems, usually on mezzanine) Attic or Mezzanine Storage 450 2 Fire / Domestic Risers 64 6' x 8' 1 Requires direct outside door?: Y SUB-TOTAL 9,908 106 Sub-Total Net SF 10,292 Subtotal of Gross SF (20% of NET SF) 2,058 TOTAL FLOOR AREA 12,350 square feet P U B L I CF I R E S T A T I O NSpaces that mightbe Tempered OnlyAir Conditioned SpacesPage 397 Item 20. Preliminary Budget Analysis Town of Prosper Fire Station #4 Owner's Total Project Budget*$8,000,000 * Not including land acquisition costs or other expenses to date Construction (Fire Station & Site Development) Probable Cost per SF Estimated Option Cost Building Construction Cost $500 $6,175,000 (includes AV, access control and video surveillance systems/equipment) Construction Contract Limit (CCL) $6,175,000 Owner's Development Cost (ODC) Owner's Furniture, Fixtures and Equipment (FF&E) Professional Fees & Expenses (PF&E) Owner's Project Costs Outside of Construction Estimate $1,825,000 Owner's Total Probable Costs (CCL + ODC + FF&E + PF&E)*$8,000,000 Owner's Contingency Flood Plain Remediation Utility Company Fees Electrical Service Entrance Fee Natural Gas Fees Fiber Optics Extension (If applicable) Systems (Owner's Separate Contracts) Radio, Antenna, and Alerting Systems Design & Construction Basic Services Construction - Owner's Expenses Design & Construction Additional Services Testing and Inspections Civil Engineering Construction Materials Testing Laboratory Fees Landscape & Irrigation Basic Commissioning (IECC 2015) Civil Site Plan & Landscape Plan Submittal to P&Z Test and Balance Reports Storm Water Quality Management Plan Owner Provided or Optional Architect Services Structured Floor Slab (in lieu of slab on grade)Geotechnical Survey Structured Cabling (voice and data wiring)Boundary, Topographic, Utility and Tree Survey Audio Visual Systems FF&E Design Services Access Control & Surveillance 2015 IBC Storm Shelter Design 2015 IBC Storm Shelter 3rd Party Design Review Square Feet 12,350 March 21, 2022 Owner's Development Cost (ODC)Owner's Furniture, Fixtures and Equipment (FF&E) Furniture, Fixtures and Equipment (FF&E) Professional Fees & Expenses (PF&E) Voice / Data (cabling in Const. Contract) Audio Visual Equipment (cabling in Const. Contract) Access Control and Video Surveillance Systems Fitness Equipment Page 398 Item 20. Page 399 Item 20. Project Schedule Town of Prosper Fire Station No. 4 Last Updated: March 11, 2022 1. Pre-Design · Site Survey December 9, 2021 · Project Kick-Off / Programming Confirmation Meeting January 27, 2022 · Station Tours - TBD Early February 2. Schematic Design / Scope to Budget Alignment (16 Weeks) · NTP February 10 · 25% Schematic Design Review Meeting February 24 · 50% Schematic Design Review Meeting April 7 · Send Cost Package to CCM May 12 · 100% Schematic Design Review Meeting June 2 · Pricing Review · Begin Owner review period · CMaR Approval (Town Council Meeting) June 14 3. Design Development (7 Weeks) · NTP June 14 · Receive 100% SD Owner comments · 50% Design Development July 7 · Begin CMAR Pricing Package #1 · 100% Design Development Review Meeting July 28 · CMAR Pricing Package #1 Review Meeting · Begin Owner review period · Town Council Meeting August 9 4. Construction Documents (14 Weeks) · NTP August 9 · Receive 100% DD Owner comments · 50% Construction Documents Review Meeting September 22 · Begin CMAR Pricing Package #2 · Receive 50% CD Owner Comments September 29 · CMAR Pricing Package #2 Review Meeting October 6 · Submit Site Permit Package to Town October 25 · 95% Construction Documents Review Meeting October 13 · CMAR Pricing Update · Town Council Meeting (If Needed) November 8 Page 400 Item 20. Project Schedule Prosper Fire Station No. 4 March 11, 2022 Page 2 · 100% CDs Complete (no meeting) November 17 · Begin TAS Review · Submit Building Permit Package 5. GMP Award (12 Weeks) · Release GMP Package to CMaR November 17 · CMaR Pricing November 17 - December 2022 · GMP Council Approval January 2023 6. Construction (14-15 Months) · Notice-To-Proceed January 2023 · Substantial Completion March - April 2024 · Owner operations commence March - April 2024 Page 401 Item 20.