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HomeMy WebLinkAbout2017-11-28 Work Session & Regular Meeting PacketA Y{OUR} HOMETOWN AGENDA City Council Work Session Tuesday, November 28, 2017 @ 6:30 PM Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 The City Council of the City of Anna will meet in Work Session at 6:30 PM, on November 28, 2017, at the Anna City Hall, Located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to Order, Roll Call and Establishment of Quorum 2. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); discuss Throckmorton Creek Trunk Sewer Project; property at wastewater treatment plant. b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way, easements, and land for parks and municipal facilities; c. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Secretary annual review; evaluation of Police Chief and Fire Chief. The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 3. Consider/Discuss/Action on any items listed on any agenda —work session, regular meeting, or closed session —that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. (If there is no need to address any other such agenda item, the Mayor shall adjourn this meeting). 4. Adjourn. There being no further business before the Council, we will consider this meeting adjourned at p.m. This is to certify that I, Carrie L. Smith, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. on 22nd of November 2017. Carrie L. Smith, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. A Y{OUR} HOMETOWN AGENDA Regular City Council Meeting Tuesday, November 28, 2017 @ 7:30 PM Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 The City Council of the City of Anna will meet in Regular Session at 7:30 PM, on November 28, 2017, at the Anna City Hall, Located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order, Roll Call and Establishment of Quorum. 2. Invocation and Pledge of Allegiance. 3. Citizen Comments. Citizens are allowed three minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve the City Council Meeting Minutes. b. Resolution approving a Special Event Permit and an Agreement with the Greater Anna Chamber of Commerce for the annual Christmas Parade. (Maurice Schwanke) 6. Consider/Discuss/Act on a Resolution approving a final plat of Pecan Grove, Phase 2. (Maurice Schwanke) 7. Consider/Discuss/Act on a Resolution approving a Roadway Impact Fee Credit Agreement for Pecan Grove Estates, Phases 2-4. (Maurice Schwanke) 8. Consider/Discuss/Act on a Resolution awarding a bid for the Foster Crossing Water Line Project. (Joseph Johnson) 9. Briefing/Discussion regarding a potential partnership with NCTCOG to fund construction of Ferguson Parkway. (City Manager) 10. Briefing/Discussion regarding purchase of non -lethal electrical devices for the Police department. (Chief Jenks) 11. Discuss December City Council meeting dates. (City Manager) 12. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); discuss Throckmorton Creek Trunk Sewer Project; property at wastewater treatment plant. b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way, easements, and land for parks and municipal facilities. c. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Secretary annual review; evaluation of Police Chief and Fire Chief. The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 13. Consider/Discuss/Action on any items listed on any agenda —work session, regular meeting, or closed session —that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. (If there is no need to address any other such agenda item, the Mayor shall adjourn this meeting). 14. Adjourn. There being no further business before the Council, we will consider this meeting adjourned at p.m. This is to certify that I, Carrie L. Smith, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. on 22nd of November 2017 Carrie L. Smith, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. Yi0W HOMETOWN AGENDA ITEM: Approve the City Council Meeting Minutes. SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Proposed Minutes Item No. 5.a. City Council Agenda Staff Report Meeting Date: 11 /28/2017 Upload Date Type 11 /22/2017 Exhibit ANNA CITY COUNCI L MINUTES WORK SESSION November 14, 2017 The City Council of the City of Anna met in Work Session on the above date at Anna City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to Order, Roll Call and Establishment of Quorum Mayor Pro Tern Burr called the meeting to order at 6:30 p.m. Council Member Beazley was absent. 2. Consider/Discuss/Action on a Resolution approving the November 7, 2017 Special Election Canvass. (City Secretary) Candidate/or Proposition Number of Votes Mayor (Concilio de Ciudad, Lugar 3) Stan Carver 11 192 Nate Pike 400 City Council, Place 4 (Concilio de Ciudad, Lugar 5) Alonzo "Mr T" Tutson 170 Chris Reeves 290 Bill Morgan 58 Russell J. Wong 42 MOTION: Council Member Burr moved to approve. Council Member Miller seconded. Motion carried 4-0. 3. Administration of the Oath of Office to newly elected Council Members. (City Secretary) City Secretary Smith administered the oath of office to Mayor Pike and Council Member Reeves. 4. Review and discuss current infrastructure and development projects. (City Manager) See Exhibit 4 5. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); discuss protection of City infrastructure. b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way, easements, and land for parks and municipal facilities. C. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); discuss proposed Villages of Hurricane Creek development. d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Secretary annual review. MOTION: Council Member Bryan moved to recess into closed session. Council Member Martinez seconded. Motion carried 4-0. Mayor Pike recessed the open meeting at 7:08 p.m. Mayor Pike reconvened the open meeting at 7:27 p.m. The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 6. Consider/Discuss/Action on any items listed on any agenda —work session, regular meeting, or closed session —that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. 7. Adjourn. There being no further business before the Council, we will consider this meeting adjourned at p.m. Mayor Pike adjourned the meeting at 7:28. Approved on the 28th day of November, 2017 . Mayor Nate Pike ATTEST: City Secretary Carrie L. Smith City of Anna 2017-18 Development Projects 1 Oak Ridge 763.55 Ac. 2636 Potential Lots 2 Village of Hurricane Creek 368.2 Ac, 654 Potential Lots 3 U.S. 75 Reconstruction Throckmorton Creek to FM 455 4 Anna TownCenter Retail 2.4 Ac, 13,826 Sq, Ft. 5 Anna Town Center Hotel 2 Ac. 93 Rooms 6 Anna Town Center Preliminary Plat 7 1,000,000 gallon Elevated Storage Tank 8 Potential Hackberry Drive Project 9 Offices of the Falls 2 bldg. constructed 2 more planned 10 Anna Dental 1 bldg. constructed 1 moreplanned 11 Advantage Storage Phase 2 12 Victoria FallsCommercial 4.6 Ac. 45,218 Sq. Ft. plus 4 pad sites 13 Avery Pointe Phase 5 24.5 Ac, 129 Lots 14 Avery Pointe Phase 4 27.8 Ac. 112 Lots 15 Avery Pointe Phase 6 8.6 Ac. 41 Lots Planned 16 Potential Ferguson Parkway Project 17 Collin County CR, 370 Street Construction 18 Potential Rosamond Parkway Project 19 Disinfection Project 20 West Crossing Phase 9 & 11 21.3 Ac, 195 Lots 21 West Crossing Phase 7 15.9 Ac. 85 Lots 22 West Crossing Phase 6 21.3 Ac. 108 Lots 23 Potential Hackberry Drive Project 24 Disinfection Project 25 AISD Stadium Improvements 26 Slayter Creek Parking Lot Improvements 27 Sweetwater Crossing Phase 2 16.5 Ac. 88 Lots 28 Camden Parc Phase 4 48 Ac. 169 Lots 29 Camden Parc Phase 2 22.5 Ac 103 Lots 30 Camden Parc Phase 3 23.4 Ac, 79 Lots 31 North Pointe Crossing Phase 3 38.9 Ac. 163 Lots 32 NorthPointe Crossing Phase 114 41.99 Ac, 147 Lots 33 2017 Street Rehab. (Butler) 34 Disinfection Project 35 16" North Pointe Crossing Water Line Looping Project 36 2018 Street and Drainage Rehabilitation Project Second/Easton/Fourth 37 2017 Street Rehab. (Third Street) 38 2017 Street Rehab. (Easton) 39 Disinfection Project 40 City Hall 41 Anna Eye Care 42 Natural Springs Park Improvements Trail/Dredge/Parking Lot with Drive 43 Day Care/Self Storage Project 44 Natural Springs ParkBuilding Improvements 45 Lakeview Phase 2 29.4 Ac. 78 Lots 46 12" and 8" Water Line Relocation Project. 47 Park Place 24.8 Ac, 73 Lots 48 Anna 55 30.2 Ac, 83 Lots 49 21"Throckmorton Wastewater Trunk Line 50 Ferguson Parkway (Taylor to CCOL) 51 Wastewater Treatment Plant Upgrade 52 Pecan Grove Phase 2 38.43 Ac, 152 Lots 53 Pecan Grove Phase 3 41.02 Ac, 106 Lots 54 Pecan Grove Phase 4 64.75 Ac. 215 Lots 55 Foster Crossing 12" Water Line Looping Project 56 Collin Pump Station Upgrades/Activation 57 Anna Business Park 12" Water Line Proj. 58 Anna Business Park 85 Ac. 59 Anna Village Apartments 240 Units -Currently Dormant 60 Palladium Apts. 10 Ac, 120 Units 61 Anna Crossing Phase 7 61.1Ac. 229 Lots 62 Anna Crossing Phase 8-10 188.6 Ac. 742 Lots 63 Finley Blvd./Sharp St./Florence Way 64 Judith Harlow Elementary 65 Anna Crossing Phase 2 39.8 Ac. 136 Lots 66 Anna Crossing Phase 4B 9.7 Ac.42 Lots City Wide Valve Project Chip and Seal Project AMI Meter Replacement Project �4Ir 44 , 7' I .-A4.�n.��;.: N_ y a r. . �1. , / / . j �� � i � � ' c ►� e y` '�`al T M .' a � �' �; �'r ° �l%„` _� � � - - , = c � , r � I,ISS�, � ••_ .i I S' � � .._- !r �I.--l� .'� f +f •7"'t ,,r .�7 :n Y _ /�� c11�} i,. K •� �. • �ai-i. • r + - R �,tr. T '•�• F -� t• _ ... ..... ,.1 }® ,......... .. .......... 1 04` f ' ^ ♦, t .dT � � r -' 1 C'k \� ' r" - •. f ,',.• \ L Rom ....................... �: .. J . c! `. : e 7 P" _ _ �W ow ijr ir IT t c�. � 1,� ? a �:\♦ � - � © E]j ,_�? _ ' •"r.� M. i - J,A �I'�.: � ts1 < '�� � • � �� � �1e ' �I x ♦; tj Arm ffi,3h, .-- . ><a .Y .� <.,•., 1 1L + 7?.i,. 4a,t �� t`�a•`"'�;f r• t 1. _ Y_ - f 4T --,�. OIL ir r ORi1 . — �- ^ _��•. .. .. - -_, � -. h � +. - — a \ �- - �. ;,ice,: ��`��f Ilk t _ ....... w �ti .............. r'i' ' - e € a 1 ; i{• y x DISINFEC ION SYSTEM UPGRADE f A 1111STREE REHABILITATION 20 8 STREET REHABILITATION CITY OF Wastewater Treatment Plant Upgrade • 1 • • 1 1 1 • ANNA CITY COUNCI L MINUTES REGULAR SESSION November 14, 2017 1. Call to Order/Roll Call and Establishment of Quorum Mayor Pike called the meeting to order at 7:31 p.m. All present. 2. Invocation and Pledge of Allegiance. Mayor Pike led the invocation and pledge. 3. Citizen Comments. Citizens are allowed three minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. Marietta Schell, 2115 Taylor Blvd.- She expressed concern with the width of roads in new subdivisions and damage to Foster Crossing Road, due to increased traffic. Mark Mahar, Creekside HOA President - • The residents ares concerned the trees dividing Creekside Estates and the adjacent retail area will be removed. • He noted there is a problem with construction trash throughout the City. • There is a potential safety issue with a 12 foot drop-off next to the sidewalk in Creekside. • He would like to see additional Public Safety personnel and equipment due to the growth and height of new buildings in Anna. Christine Lewis, 8108 Red Fox Road - Welcomed Mayor Pike and Council Member Reeves. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Fire Chief Gothard introduced Deputy Fire Chief Ray Isom. Police Chief Jenks noted the Police Department has received a donation of Life Saving equipment from the "Adopt a Cop" program. 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. Items d. and e. were removed from the consent agenda. a. Approve Council Meeting Minutes from October 24, 2017. (City Secretary) b. Review the minutes for October 2, 2017 Planning and Zoning Meeting. (Maurice Schwanke) C. Review Quarterly Investment Report (Dana Thornhill) MOTION: Council Member Martinez moved to approve Items a, b and c. Council Member Bryan seconded. Motion carried 7-0. d. Resolution approving a preliminary plat of West Crossing Phases 9 & 11. (Maurice Schwanke) MOTION: Council Member Bryan moved to approve. Council Member Miller seconded. Motion carried 7-0. e. Resolution approving a final plat of Anna Crossing Phase 2. (Maurice Schwanke) MOTION: Council Member Beazley moved to approve. Council Member Burr seconded. Motion carried 7-0. 6. Consider/Discuss/Action on the election of a Mayor Pro Tem. (City Council) MOTION: Council Member Bryan moved to appoint Justin Burr as Mayor Pro Tem. Council Member Martinez seconded. Motion carried 6-0. Council Member Burr abstained. 7. Consider/Discuss/Action on the election of a Deputy Mayor Pro Tem. (City Council) MOTION: Council Member Bryan moved to appoint Rene Martinez as Deputy Mayor Pro Tem. Council Member Miller seconded. Motion carried 6-0. Council Member Martinez abstained. 8. Consider/Discuss/Action regarding a Resolution authorizing a Master Lease Agreement for the lease of City vehicles and a Full Maintenance Agreement for fleet management services with Enterprise Fleet Management. (Dana Thornhill) MOTION: Council Member Beazley moved to approve. Council Member Bryan seconded. Motion carried 7-0. 9. Consider/Discuss/Action on an Ordinance authorizing the issuance and sale of City of Anna, Texas, Combination Tax and Revenue Refunding Bonds, Series 2017, levying an annual ad valorem tax and providing for the security for and payment of said Bonds; approving the official statement; providing an effective date; and enacting other provisions relating to the subject. (Dana Thornhill) MOTION: Council Member Burr moved to approve. Council Member Beazley seconded. Motion carried 7-0. 10. Consider/Discuss/Action regarding a Resolution approving an Interlocal Agreement for Joint Use of Facilities with Anna Independent School District. (Maurice Schwanke) MOTION: Council Member Bryan moved to approve. Council Member Burr seconded. Motion carried 7-0. 11. Conduct a public hearing and take action on an Ordinance changing the zoning district designation from Agricultural (AG) to Planned Development (PD) on a 10.25-acre tract of land located on part of Lot 1 of the Anna ISD Addition, requested by the Anna Independent School District. (Maurice Schwanke) Mayor Pike opened the public hearing at 8:34 p.m. Marietta Schell, 2115 Taylor Blvd.- She asked about transportation from the parking to the stadium. Transportation is to be provided by the school for pedestrian traffic and shuttle buses. Mayor Pike closed the public hearing at 8:35 p.m. MOTION: Council Member Miller moved to approve. Council Member Beazley seconded. Motion carried 7-0. 12. Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute a Standard Utility Agreement with the Texas Department of Transportation (TxDOT) for the US 75 Utility Relocations Project. (Joseph Johnson) MOTION: Council Member Burr moved to approve. Council Member Martinez seconded. Motion carried 7-0. 13. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); discuss protection of City infrastructure. b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way, easements, and land for parks and municipal facilities. c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); discuss proposed Villages of Hurricane Creek development. d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Secretary annual review. MOTION: Council Member Bryan moved to recess the open meeting. Council Member Martinez seconded. Motion carried 7-0. Mayor Pike recessed the open meeting at 8:43 p.m. Mayor Pike reconvened the open meeting at 9:22 p.m. 14. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary 15. Adjourn. Mayor Pike adjourned the meeting at 9:23 p.m. Approved on the 28th of November 2017. Mayor Nate Pike ATTEST: City Secretary Carrie L. Smith I Item No. 5.b. City Council Agenda Staff Report Meeting Date: 11 /28/2017 YfOUR? HOMETOWN AGENDA ITEM: Resolution approving a Special Event Permit and an Agreement with the Greater Anna Chamber of Commerce for the annual Christmas Parade. (Maurice Schwanke) �Y�J►�i 1 Ji I_1:�'il The Greater Anna Chamber of Commerce annual Christmas Parade event will be held on Saturday, December 9th, 2017. Preparation will start at approximately 9:00 a.m. with the actual parade starting at 12:00 noon. The parade will start at the Anna ISD Middle school site and proceed south along Powell Parkway to 4th Street; then east on 4th Street to Sherley Street; then south Sherley Street to the Anna ISD Administration Building. The attached map identifies the proposed route. TxDOT has approved the City's application to close Powell Parkway and 4th Street (FM 2862) for the duration of the event. On November 20th, the Parks Advisory Board reviewed and recommended approval of this Special Event Permit. STAFF RECOMMENDATION: Staff recommends approval of the attached special Event Agreement with the Greater Anna Chamber of Commerce. ATTACHMENTS: Description Christmas Parade Resolution Exhibit 1, Special Event Agreement Exhibit A, Special Event Permit Application Christmas Parade Route Upload Date Type 11 /20/2017 Resolution 11 /20/2017 Exhibit 11 /15/2017 Exhibit 11 /15/2017 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. RESOLUTION APPROVING A SPECIAL EVENT PERMIT AND AN AGREEMENT BETWEEN THE CITY OF ANNA AND THE GREATER ANNA CHAMBER OF COMMERCE FOR THE 2017 CHRISTMAS PARADE WHEREAS, the Greater Anna Chamber of Commerce (the "GACC") has submitted a Special Event Permit application to conduct a Christmas Parade on Saturday, December 9t", and WHEREAS, the City of Anna Parks Board has reviewed the application and is recommending that the City Council of the City of Anna, Texas (the "City Council") approve the Special Event Permit; and WHEREAS, according to Anna City Code of Ordinances, Part II, Article 47, the City shall enter into a Special Event Agreement (the "Agreement) incorporating the terms and conditions of said permit; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. The City Council hereby approves the Special Event Permit application for the 2017 Christmas Parade and the Special Event Agreement attached hereto as Exhibit 1, incorporated herein for all purposes, and authorizes the City Manager to execute same on its behalf. The City Manager is further authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the Agreement. PASSED by the City Council of the City of Anna, Texas, on this 28t" day of November 2017. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike EXHIBIT 1 AGREEMENT FOR SPECIAL EVENT This Agreement for Special Event ("Agreement") is made by and between the City of Anna ("City"), and the Greater Anna Chamber of Commerce, Incorporated ("GACC") entered into on this 28th, day of November 2017. Section 1. Scope According to Anna City Code Ordinances, Part II, Article 47, Section the City enters into this Agreement with GACC for use of Powell Parkway, 4th Street, Sherley Street and surrounding area for the Christmas Parade. Section 2. Definitions Meanings. For purposes of this Agreement, the following meanings shall apply: 1. City shall mean the City of Anna, Texas. 2. GACC shall mean the Greater Anna Chamber of Commerce, Incorporated. 3. Christmas Parade (Parade) shall mean the community event sponsored by the GACC and associated events and activities to take place in Anna, Texas on December 9th, 2017. 4. Powell Parkway, 4th Street, Sherley Street and surrounding area 5. City Hall Parking Area means the parking area located at 111 North Powell Parkway. 6. Special Event means any event that operates wholly or partially within the incorporated City limits and may require the use of or assistance from any department or employee of the City, or the use of any City property. Section 3. General Requirements 3.01 Terms of Special Event Agreement The GACC has submitted a Special Event Permit application and sought authorization for the special event from the City of Anna Parks Board subject to entering into this agreement with the City. Said application is attached hereto as Exhibit A. The Council authorizes the Special Event, subject to the following restrictions, for which GACC will be responsible: Page 1 of 5 Parking Restrictions: All parking for the event will be conducted on premises designed or adapted for parking. Parking is to be prohibited on all public rights of way (shoulders, grass areas directly adjoining roadways, etc.). Event staff, signage, barricades, or a combination thereof, must be utilized to keep patrons from parking in rights of way. If parking areas are full, Event staff must be in place to direct vehicles to open parking areas. Vehicles on City Property: Except for designated parking areas and other designated areas approved by the Director of Public Works, motor vehicles are prohibited from driving on City property, except on designated paved parking areas and except as otherwise stated in this paragraph. The applicant will ensure that all event participants observe these rules and will be responsible for paying for any damages to property caused by vehicles driven by participants of this event. Vendors and other Participants: Vendors and other persons or businesses providing entertainment or activities for the event may only locate on designated areas that have been approved by the Director of Public Works. Section 4. Fees GACC represents that it has submitted a nonrefundable permit application fee in the amount fifty ($50.00) dollars, a refundable three hundred ($300.00) dollar deposit, and will pay for any additional actual costs incurred by the City in reviewing such application that exceeds said amount. Section 5. Licenses and Permits The GACC shall obtain and pay for any and all permits, licenses, disposal fees, or any other costs required for the Parade and to fulfill this Agreement. The GACC must comply with all federal and state laws, and local ordinances while organizing and participating in the Parade. Section 6. Independent Contractor Status/ Liability/ Indemnity It is expressly understood and agreed that the City has no right of control, supervision, or direction over any work performed by the GACC relating in any way to the GACC's undertaking, promoting, operating, and performance of any other activity related to the Parade (the "Work"), including but not limited to its employees or its subcontractors, nor does the City have any control, supervision or direction of the means, methods, sequences, procedures, and techniques utilized to undertake, conduct, or complete any of the Work. There shall be no joint control over the Work. The GACC agrees to fully defend, indemnify and hold harmless the Page 2 of 5 City from any claim, proceeding, cause of action, judgment, penalty, or any other cost or expense arising or growing out of, associated or in connection with the Work. The indemnification includes, but is not limited to, attorney fees incurred by the City in defending itself or in enforcing this Agreement. By entering into this Agreement, GACC waives all rights and remedies in law or in equity except to seek enforcement of specific performance of the obligations under this Agreement. This provision is not intended to and does not waive any of the City's governmental immunities, including immunity from suit and liability. Section 7. Insurance GACC shall procure and maintain for the duration of this Agreement and the Special Events insurance to cover claims for injuries to persons or damages to property, which may arise from or in conjunction with the performance of the Work or in any way related to the GACC's undertakings performed in connection with the Parade, including but not limited to coverage for GACC, its agents, representatives, employees, or subcontractors and Special Event participants, attendees and spectators. The insurance policy must be a Commercial General Liability Insurance Policy with combined single limits of liability for bodily injury and property damage of not less than $500,000 for each occurrence if the estimated attendance of the Special Event is up to a total of 4,999 persons, and $1,000,000 for each occurrence if the estimated attendance is a total of 5,000 persons or more. Failure of the GACC to maintain the required coverage is a breach of this Agreement and shall not relieve GACC of any other contractual responsibility or obligation. Each policy shall name the City as an additional insured and provide that there will be no alteration or modification which reduces coverage in any way prior to 30 days written notice being given to the City. A copy of a certificate of insurance shall be filed with the City's Secretary. Section 8. Amendment; Termination This Agreement may not be amended or terminated except pursuant to a written instrument signed by both parties. Page 3 of 5 Section 9. Notice Notice as required by this Agreement shall be in writing delivered to the parties via U.S. certified mail, return receipt requested, at the addresses listed below: City of Anna GACC Carrie L Smith, City Secretary City of Anna 111 N. Powell Parkway Anna, Texas 75409 Kevin Hall, Executive Director 218 W Fourth St Anna, Texas 75409 Each party shall notify the other in writing within 10 days of any change in the information listed in this section. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Section 10. No Waiver of Immunity Nothing in this Agreement waives any governmental immunity available to the City under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Section 11. Entire Agreement This Agreement represents the entire and integrated Agreement between the City and GACC and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Section 12. Governing Law and Venue This Agreement shall be governed by the laws of the State of Texas as to interpretation and performance. Any and all legal action necessary to enforce this Agreement shall be brought in a court of competent jurisdiction in Collin County, Texas or in the United States District Court for the Eastern District of Texas, Sherman Division. Section 13. Severability The provisions of this Agreement are severable. In the event that any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement shall be found to be contrary to the law, or contrary to any rule or regulation having the force and Page 4 of 5 effect of the law, such decisions shall not affect the remaining portions of this Agreement. Section 14. Contract Interpretation This Agreement is the result of negotiation between the parties, and shall, in the event of any dispute over the meaning or application of any portion thereof, be interpreted fairly and reasonably, and not to be more strictly construed against one party than another, regardless of which party originally drafted the section in dispute. Section 15. Force Majeure If a party is prevented or delayed from performing any of its obligations hereunder due to a natural or manmade event or condition not caused by such party and beyond such party's reasonable control, then such party's performance of those obligations shall be suspended until such time as the event or condition no longer prevents or delays performance. If any event or condition results in the creation of amounts of refuse in excess of ordinary amounts, then the parties shall discuss, but shall not be bound to conclude, terms and conditions for collection of those excess amounts. Section 16. Assignment It is understood and agreed that GACC shall not assign, sublet, or transfer any of the rights and duties under the terms of this Agreement without the prior written approval of the City. Section 17. Effective Date This Agreement shall be effective upon the date first stated herein, and performance of this Agreement shall begin as soon thereafter as practicable. IN WITNESS WHEREOF, City and GACC have executed this Agreement. Kevin Hall, GACC Executive Director Philip Sanders Greater Anna Chamber of Commerce City Manager Page 5 of 5 SPECIAL EVENT PERMIT APPLICATION Planning and Development Dept. 3223 N. Powell Pkwy Anna, TX 75409 972-924-2616 OQY Of ANN IEXA APPLICANT INFORMATION T e of Event: ❑Carnival ❑Circus ❑Festival Waraide dwim�it'11 ❑Tent ❑Other A licantName: GKE TFN A 64 /t1P, of C'v/k,44ecE Address: ( W . IfU E ET !(4 7'rf L' city: AIIVA State: T'X Zip Code: y o Phone#: 1 `Z — Email: KFVTov 44mT,5.e A41A14C 2. Date: jo 110 *Note: Applications must be filed at least 30 da s in advance. APPLICATION FEEAND DEPOSIT REFUND INFORMATION A lication Fee $50 non-refundable Deposit $300 refundable Same Information As Above if not the same, complete the next two lines Issue Deposit Refund To: Address: City: State: Zip Code Date(s) of Activity: Sf}T ti 1t E a o 1 Reservation Time Block: g14M -- Type of Activity (explain purpose of activity): A4 D F. q L AvQ v D cR-r- Estimated Number of People Attending Activity: o a Reservation LocationVil f fa E -ffAeAOp WYs 'FNin o�v tlrµS? EN A'T-I� Will Food and/or Beverages be on -site for th ctivi ? es ❑ No Will Alcohol be served or sold? ❑ Yes EYNo if yes, include request letter If yes, please indicate who the vendors are (food and drinks): K-o/V'4 �(� /qLL FooD �o2f L.Z�L J{fr't!E G�-7J Please identify all other activities & structures (bounce house, tents, music, sports, games, etc.): vE ivodgl- a- r.4 t-ANO AD ke I r Mu f c -.5-Ts��E� *If City Resources (Personnel, equipment and supplies) are used, the cost of Resources will be covered by the event sponsor. 'a:"a,rr 1q4Fl J] undersigned, its officers, employees or agents, arising out of, resulting from, or caused by any act occurring as a result of the exercise of the privileges granted by this permit. Applicant agrees that this indemnity agreement is intended to be as broad and inclusive as is permitted by the laws of the state of Texas, and that if any portion is held invalid, then it is agreed that the balance shall; notwithstanding, continue in full legal force and effect. I do solemnly swear (or affirm) that all the answers given and statements made on this application and supporting documents are full, true, and correct to the best of my knowledge and beliefs. I have been given a copy of the Anna City Code ordinance Part II, Article 47 and have read the provisions contained therein and agree to abide by them. Applicant Name: K ti l) Signature: V14— Date: I O G 'wl7 Submittal Requirements: y E1. Completed application with signatures and contact information. d 2. Submit application fee ($50) and deposit ($300). (Ord. No. 410-2008; Checks payable to the City of Anna) Cr it 3. Map of Event area. z 4. List of food and beverage vendors and/or copy of current license from vendor. E 5. Statement of Intent to obtain Insurance and/or Proof of Insurance. ( A copy of the Certificate of Insurance is due a minimum of one week before event start date) 6. Letter of request if alcohol is desired. For Office Use Only: Date Application & Deposit Received $300 : Date Application Fee Received $50 : Received B: 4 _ Received By - Cash or Check # Cash or back W oZ v 71 Recei t #: y 570 Receipt #: y 5 7 p Required Documents Rec'd: ❑ Completed Application -J�l Insurance ❑ Food Vendor List ❑ Sound System �0 Map ❑ Alcohol Request (optional) ❑ Other: ❑ Other: ❑ Approved by: ❑Permit Issued Date: Assign Date of Parks Board Review of Application: (put date in blank and notify Applicant. �w r R■a_ r t. f�.�r y� "�� ��f Y. • -v��' ,a. -. ' - At Zia EL kh lye r.��A�Ti��I . ,;, •� �. � '� ,, ' -- _ -, _ adld iL �ldIV al fib 21 iyl4al � i Wt�Qi1R���lIE ~ N 1 �.,!( {, r -�.-+• � � �'Y �, �� �- t. j' �iiia�il4�i�6 rem ,. i ����''� -�, -` ■. IL i � ►-s.,.a �� 7. a�tl I Item No. 6. City Council Agenda Staff Report Meeting Date: 11 /28/2017 YOUR) HOMETOWN AGENDA ITEM: Consider/Discuss/Act on a Resolution approving a final plat of Pecan Grove, Phase 2. (Maurice Schwanke) SUMMARY: Pecan Grove Phase I I Ltd. has submitted an application for approval of a final plat of the Pecan Grove Phase 2 Subdivision. The Pecan Grove Phase 2 final plat contains 38.324 acres located in the James Slater Survey, Abstract No. 868 and the R.C, Ingraham Survey, Abstract No. 464. The final plat includes 152 residential lots and is in conformance with the existing zoning and the preliminary plat approved on July 12, 2016. As part of the development of the property, the developer is required to construct two (2) concrete lanes of Foster Crossing Road immediately adjacent to the property included in Phase 2. As part of our review of this plat, the City required the developer to study the impact that this new phase would have on the adjacent roadway (Foster Crossing). The engineer that prepared the Traffic Impact Analysis (TIA) expressed an opinion that that existing CR 366 (Foster Crossing) has adequate capacity to accommodate the additional traffic generated by at least 152 lots in in Pecan Grove Phase 11. The City hired a third -party engineer to evaluate the TIA and other supporting documents that studied the off -site impact of the Pecan Grove Phase II development. The City's engineer expressed an opinion that (for the first 262 lots) "the developer, through the TIA and supplemental documents, has met and adequately satisfied all of the City's TIA requirements as established by the City of Anna Code of Ordinances." They also stipulate that a new TIA should be prepared for any phase of the development beyond 262 lots. The City may require the dedication of park land in connection with a plat in the amount of 1-acre of land for each 50 proposed dwelling units. If suitable land is not available within the development, or if the City determines that sufficient park area is already in the public domain for the area of the proposed development, or if the recreation potential for that area would be better served by expanding or improving existing neighborhood parks, the City Council may accept a cash payment of $250 per lot to the Parks Trust Fund in lieu of a dedication of land. The City Council has previously preferred to acquire larger tracts of land for the development of regional parks rather than accept smaller land donations. The preliminary plat shows the preservation of several open space/drainage areas that will be owned and maintained by the neighborhood HOA. Included among the HOA open space areas is a 7-acre tract that is identified on the City's Parks Master Plan as a possible location for a future park facility. The developer plans to construct private recreational amenities within the subdivision that will be for the benefit of the property owners and may incorporate part of the open space area in future amenities. Since the area identified on the Parks Master Plan is already preserved as open space and will be controlled by the HOA, we have not requested that the land be dedicated as a public park. In lieu of the dedication of land for public parks, the developer will be required to pay the $250 per lot prior to filing each final plat. In addition, the City will collect a $750 per lot park development fee in connection with the issuance of each building permit in the neighborhood. All park fees are deposited in the Parks Trust Fund and may be used for the purchase, maintenance, and construction of park facilities. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution and final plat of Pecan Grove Phase 2. ATTACHMENTS: Description Resolution approving Final Plat Exhibit 1, Final Plat Preliminary Plat Drainage Letter Location Map Upload Date Type 11 /21 /2017 Resolution 11 /2/2017 Exhibit 11 /21 /2017 Backup Material 11 /2/2017 Exhibit 9/28/2017 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF PECAN GROVE PHASE 2. WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Pecan Grove Phase II Ltd. has submitted an application for approval of a final plat of the Pecan Grove Phase 2 Subdivision; WHEREAS, the final plat of Pecan Grove Phase 2 conforms to the Preliminary Plat approved on July 12, 2016; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Final Plat The City Council hereby approves the final plat of Pecan Grove Phase 2 attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 28t", day of November 2017. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike 0 0 50 100 200 SCALE: 1" - 100' TY & SAIRA OSMANI DOC, NO, 20161208001663960 (A CD I� Irn M JAMES SLATER SURVEY i/2• g N880 28'14"E 465.63 �1/_' IRF :C ABSTRACT NO.868 - _ _ _ _ �' C 64.00' _ _ - 65.93' 64.02 - 70.02' T r o EZRA SWELBY SURVEY j2 66' 64.00 •00 5'P.M.W.E. ABSTRACT NO.839 o o I r W O �0 4, N _� 1 "_ 2 3 A 4 to �w 5 to 6 M �i N in con N M 7 m rl (7'1 g TRACT 1 BLOCK K DEDICATED NATURE AREA w A N L 4 • 25'X25' ' DEDICATED TO & MAINTAINED -t 20' B L _ VA_M 4, ' N BY HOA_ 0024 AC. I -- -.�� _ - - -- -- aw nn• rA nn' - _ _ -"10.45' 25.45,28.10' 64.00' - _ 70.26', ATC NO.9/SHRP COMMERCIAL, LTD. 67.295 ACRE TRACT DOC. NO.20151021001332960 0= 03°24' 15" R= 3120.00' T= 92.72' L = 185.38' C= 185.35' B= N86° 15' 06 "E N85° 10'-3S"E 371.2�75.z ' I OG� p P ` 75 2a. - 5• P.W.M.E. I I CO Z _ P� �o CP L O 4 3 m' i-I _ ' O o +� �N�'�� NIA �, pP� S� QOiN co °' Ir 1 2 g 25'X25'' I `r '-° -' 25'X25' VAM - - 20' B.L.._ - - - - M �2 V f VA" 1'T1 � - - - 185.41' C HERRY BLOSSOM_ STREET25 -------_'_" 6 0 Q.W.) 62.10' 62.10' -68.16 ` I BB° 26'37"W 14 0* .77�30.70' C22 N89. 54 06"E 165.35' C23 60,00' 1S'1V 42 44' 6210' - 120.00' _ - - - 20' B.L- ,n a v - �,pQ_ _ - 20. 7' 6E .12' 0.69' 21.58- 2.59' 57.68' 60.00' 47.67' 12.33' 60.00' _ _ - _ _ - N o > fu w . f i N 10'B.L. '%� , `CQ`.-- - 20' LA --- ---- --- ----- _ M o J rn a 17 .N 16 oN 15 loo Z IC? 25'X25 \25'X25' o w �'' W W o W ': 0 19 A 18 - o 6 m,- o 19 vAM I vAM N N 20 = �c fn c 4 28 � w 27 V CS 26 0 = 25 0' 24 8= 23 = 0 22 21 N m '" I I u�.uu TRACT 1BLOCK A ,o Mo 18 DEDICATED NATURE AREA I A DEDICATED TO & MAINTAINED o BY HOA 0.122 AC. m �a 17 in ;0 A= .. rm r z< M 16 oN c MARC DOWNS & CAROL LEE m 73 VOL. 5431, PG. 5242 < g I ' Z k 15 O N C a A Z M O O o 14 .& ° 112.0 00 115.0 13 (N o 1 0 12 i""I) o 1�v�0�h I# ,O �O. TRACC�O�� 392BLCCK A ao DOG• JOANC LUSCOMBE PK Nat Fnd. POINT OF BEGINNING tt 10 9 8 7 88.41' 115.01 6 6 k.'Im w o 0 o c w rn 59_98' r o 0 0 0 '" M m O M �^ 5' P.W.M.E �^ v' m m 1' 19.1�' 40 7_2' �-62.66' _ 69.86 m0 w I-65.64' S9.56' _59.95'_ �Q.OQ'_ 47_67'12.33' 64.23'_ -6"`i1 _ _ 63.51'_ - �i3=5^ 3.88'2 �62.6�i' 62.66' C0 5'P E z I I •{� o _ 6.00 �I � 01 I-67.54' 60.66' 60.00' 60.00'_ 45.2TjZ_ 9' S9.4 09-45 t;2i 69.45' 59 45 z o e 'o'°' m �Kli a Z W ,s la I ' 3 5' P.W.M.E. 3 z zo °; 1t ; 12 w 13 d 14 d I t�l M N o o oo N w ;' 9 : cAn 10 w °' 5' P.M.W E! �? uo+l m 1 0 0 2 3 0 4 0 5 : e 6 = w 7 "�' 8 p u! g- ---- 20' B �. 25'X 5;�� ' O .A ' ,25'X25' z ^ z z z f g `�' - _ g _ _ - - 60.00' 60.00' 65.8 I `�' I O _ _ Ao_oo I = I I rp A to . W ' N O P ' cn I o >J 0 I � 5 �33.7 - - F20' W.E. _ _ o EZRA SI ABSTI JAMES SLATER SURVEY ABITRA �� R C ING1, SURVEY �= 0 1° 1 1 3 2 ABSTRACT NO.464 R= 3000.00' T= 31.21 ' L= 62.42' C= 62.42' B= N88028' 37 "E LINE TABLE CURVE TABLE LINE NO. BEARING DISTANCE CURVE NO. DELTA RADIUS LENGTH TANGENT CHORD BEARING 1. N 50°46'11" E 31.69' 1. 114037'44" 50°00' 100.03' 77.93' 84.16' N5803733"W 2. N 43040' 24" W 21-15' 2. 050 31 ' 04 " 2975.00' 286.51 ' 143 ° 36' 286.40' N870 O8' 34 "E 3. N 08012'18" E 68.36' 3. 04012'42" 2085.00' 153.26' 76°67' 153.23' N86029'23"E 4. S 79003'48" E 52.99' 4° 02033'55" 2085.00' 93.35' 46.69' 93.35' N89052142"E 5. N 00005'54" W 20.00' 5. 22019'54" 100.00, 38.98' 19.74' 38.73' S09045141"W 6. S 31031'47" E 56.76' 6° 22019'54" 100.00, 38.98' 19.74' 38.73' N12034'13"W 7. S 8. N 25047'30" 01018'43" E W 47.12' 374.64' 7° 163024'39"' 50.00' 142.601 ----' 98.95' N46019'36"E 9. N 01018'43" W 471.83' 8° 06042145" 325°00' 38.07' 19.06' 38.05' N04050'56"E 10. N 88041 ' 17" E 5. 00' 9° 02043'54" 2395.00' 114°19' 57°10' 114.17' S8002545"E 10. 090 36' 34 " 2395 ° 00' 401 ° 68' 201 ° 31 ' 401 ° 21 ' S860 35' 59 "E 11. 01055123" 2230.00' 74.85' 37°43' 74.84' S89048'02"E 12. 03034'09" 2230.00' 138.92' 69.48' 138.90' S86010'07"W 13. 050 31 ' 04" 2830. 00' 272.54' 136. 38' 272.44' S870 08' 34 "W 14. 07033'31" 2605°00' 343°66' 172°08' 343.41' N86007121"E 15. 06015'09" 2395.00' 261°36' 130.81' 261°23' N85028'09"E 16. 05041'19" 2540.00' 221°62' 126.19' 252.07' S85011'14"W 17. 07o33'31" 2460.00' 324°53' 162.50' 324°30' S86007121"W 18. 07033'31" 2315.00' 305.40' 152.92' 305.18' N86007'21"E 19. 06015'09" 2685.00' 293.00' 143.65' 292.86' N85028'09"E 20. 08044147" 2830°00' 283.82' 142.03' 283.71' S85012'58"W 21. 07033'31" 2170.00' 286°27' 143°35' 286°07' S86007'21"W 22. 01 0 27' 29 " 975.00' 24. 81 ' 12 ° 41 ' 24 ° 81 ' N890 10' 22 "E 23. 00037'27" 2025.00' 22.06' 11°03' 22.06' N89035'23"E 24. 06056'04" 2025.00' 245.09' 122.69' 244.94' N85048137"E 25. 01028'01" 2975°00' 76.17' 38.09' 76.17' N83004'36"E 26. 04047108" 2975.00' 248.48' 124°31' 248.40' N86012'10"E ATC NO.9/SHRP COMMERCIAL, LTD. 67.295 ACRE TRACT nnr Kin enlr,lnnlnnlzzonen NOTES: 1. Bearings ore referenced to a 30.837 acre tract, as described in Doc. No. 2015114001395460. in the Deed Records of Collin County, Texas. 2. �I/2" iron rods with "CORWIN ENGR. INC." yellow cop set at at all boundary corners, block corners, points of curvature, points of tongency, and angle points in public right-of-woy unless otherwise noted 3. D.E. - Drainage Easements. B.L. - Building Line. U.E. - Utility Easements. IRS -iron Rod Set IRF -iron Rod Found P.W.M.E. - Private Wall Maintenance Easement W.E. - Water Easement 4 - Street Nome Change VAM - Visibility, Maintenance & Sidewalk Easements 4. Open Space lots (A-1, 8-1, D-1, & M-1) are dedicated to and maintained by the H.O.A. 5. According to Flood Insurance Rate Mop (FIRM) Mop No. 48085C0155J, Dated June 2, 2009 prepared by the Federal Emergency Management Agency (FEMA) for Collin County, Texas, this property is within Zone X. 14 �Q.OQ _ fO.pQ: _ ?Q.04 V o - 7� _0_ _ _ rZQ.QO_ _ _ _ _ --.- 5 p M•E. _ _ •• --•-- _ _ _ _ _ 6Q,00' _ _ 72_54' - °' 70�Q2 _ _ §Oy01_ _ _ %0,91_ _ �0.01'_ _ _ 86.04' 5' P.W.M.E.142.22_ `� \• O - - J G - -- ----- �Q' V' FINAL PLAT N SPACE A-1-0.132 AC OPEN SPACE B-1 - 20' WATER EASEMENT - 0.257 AC. o_ i 80' 0. 0 0.220 AC. - OPEN SPACE D-1 - 20' WATER EASEMENT - 0.220 AC. ° O OF N 4' 90.4 } N89. 54'06"E 562.99' S89° 53'19"W 476.86' 15,IL 40' R.O.W. DEDICATION FOSTER CROSSING ROAD (CR 366) 461.78' �... 167.15' 43.72' O 40' R.O.W. DEDICATION o o a /t" IRF - PECAN GROVE S890 54'07"W 891.39' S890 54'55"w S89° 53'19"W 470.23' z a Uj g Z PHASE Z0 210.86' WO W tl CENTERLINE FOSTER CROSSING RD. 0.01gg AC o 00 ^ PROJECT N v X.LANpSCAPE AREA o DEDICATED TO AND LOCATION nc tir o OUT OF THE MAWTAINED BY HDA o N W JAMES SLATER SURVEY ABSTRACT NO, 868 r p Q N O Z CAROL J R.C. INGRAHAM SURVEY, ABSTACT N0.464 N z c 9 BURL IN THE CITY OF ANNA C O L L I N COUNTY, TEXAS FOSTER CROSSING RD. OWNER/APPLICANT LOCATION MAP PECAN GROVE PHASE II, LTD. N.T.S. 8214 WESTCHESTER DRIVE, SUITE 710 DALLAS, TEXAS 75225 214-522-4945 TOTAL LOTS 152 PREPARED BY TOTAL ACRES 38.324 CORWIN ENGINEERING, INC. TBPE FIRM *5951 TBPLS FIRM *10031700 200 W. BELMONT, SUITE E ALLEN, TEXAS 75013 972-396-1200 AUGUST 2017 SCALE: 1"-100' SHEET 1 OF 2 LEGAL DESCRIPTION WHEREAS, PECAN GROVE PHASE II, LTD., is the ownere of a tract of land situated in the R.C. Ingraham Survey, Abstract No. 464 and the James Slater Survey, Abstract No. 868, in the City of Anna, Collin County, Texas, being part of a 67.295 acre tract, as described in Doc. No.20151021001332960 and the 30.837 acre tract, as described in Doc. No. 20154001395460 in the Deed Records in Collin County Texas, and being more particularly described as follows: BEGINNING, at a PK nail found at the southwest corner of said 30.837 acre tract and being in approximate centerline of County Road 366; THENCE, North 01° 18'43" West, with the west line of said 30.837 acre tract, for a distance of 1207.91 feet, to %2 inch iron rod found at the most westerly northwest corner of said 30.837 acre tract and being in the south line of a 10.00 acre tract, as described in Doc. No. 20091120001412550, in said Deed Records; THENCE, North 88° 2814" East, along the north line of said 30.837 acre tract and the south line of said 10.00 acre tract, for a distance of 465.63 feet, to a%2inch iron rod found at an interior ell corner of said 30.837 acre tract and being the southeast corner of said 10.00 acre tract; THENCE, North 85° 10'38" East, for a distance of 371.20 feet, to a%2inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", being a non -tangent curve to the right, having a radius of 3120.00 feet, a central angle of 03' 2415", and a tangent of 92.72 feet; THENCE, along said curve to the right for an arc distance of 185.38 feet (Chord Bearing North 86° 15'06" East - 185.35 feet), to a %2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, South 00013'520" East, for a distance of 120.06 feet, to a %2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", on a non -tangent curve to the right, having a radius of 3000.00 feet, a central angle of 01° 11'32", and a tangent of 62.42 feet; THENCE, continuing along said curve to the right for an arc distance of 62.42 feet (Chord Bearing South 88° 28'37" East - 62.42 feet), to a %2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, South 01° 24'16" East, for a distance of 460.02 feet, to a %2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", at a non -tangent curve to the right, having a radius of 2540.00 feet, a central angle of 11° 46'38", and a tangent of 261.97 feet; THENCE, along said curve to the right for an arc distance of 522.10 feet (Chord Bearing South 843%457'07" East - 521.18 feet), to a %2 inch iron rod set wtih a yellow cap stamped "Corwin Eng. Inc." at the point of tangency; OWNER'S CERTIFICATIONS NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT, PECAN GROVE PHASE II, LTD., are acting herein by and through thier duly authorized officers, does hereby adopt this plat designating the hereinabove described property as PECAN GROVE PHASE II & III, an addition to the City of Anna, Texas, and do hereby dedicate, in fee simple, to the public use forever, the streets and alleys shown thereon. The streets and alleys are dedicated for street purposes. The easements and public use areas, as shown, are dedicated for the public use forever, for the purposes indicated on this plat. In addition, utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the some unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the public's and City of Anna's use thereof. The City of Anna and public utility entities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs, or other improvements or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said easements. The City of Anna and public utility entities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at any time of procuring permission from anyone. This approved subject to all platting ordinances, rules, and regulations of the City of Anna, Texas. WITNESS my hand this the day of , 2017. THENCE, South 79' 03'48" East, for a distance of 52.99 feet, to a �/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; PECAN GROVE PHASE II, LTD. THENCE, South 10° 56'12" West, for a distance of 170.00 feet, to a �/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; STATE OF TEXAS: THENCE, North 79° 03'48" West, for a distance of 20.91 feet, to a %2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; COUNTY OF DALLAS THENCE, South 08° 12'18" West, for a distance of 68.74 feet, to a �/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; BEFORE me, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared RICHARD SKORBURG, known to me to be the person or persons whose THENCE, South 020 25'52" East, for a distance of 178.92 feet, to a �/2 inch iron rod found at the northwest corner of a 1.0758 acre tract, name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as described in Doc. No. 19960624000426030, in said Deed Records; in the capacity herein stated and the act and deed of said company. THENCE, South 02° 4619" West, along the west line of said 1.0758 acre tract, for a distance of 216.91 feet, to a PK Nail set at the GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2017. southwest corner of said 1.0758 acre tract being in the centerline of said County Road 366 and being in the south line of said 67.295 acre tract. Notary Public in and for County THENCE, South 89° 53'49" West, along the south line of said 67.295 acre tract and with said centerline, for a distance of 470.23 feet, to a PK Nail set; My Commission Expires: THENCE, South 890 54'55" West, continuing along said lines, for distance of 210.86 feet, to a PK Nail found at the southwest corner of said 67.295 acre tract and the southeast corner of said 30.837 acre tract; THENCE, South 89° 54'07" West, continuing along said lines, for a distance of 891.39 feet, to the POINT OF BEGINNING and containing 38.324 acres of land. SURVEYOR'S CERTIFICATE KNOW ALL MEN BY THESE PRESENTS that I, WARREN L. CORWIN, do hereby certify that I prepared this Final Plat and the field notes from an actual and accurate survey of the land, that the corner monuments shown thereon were properly placed under my personal supervision in accordance with the subdivision Regulations of the City of Anna, Texas. WARREN L. CORWIN R.P.L.S. No. 4621 THE STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared WARREN L. CORWIN, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purpose and consideration therein expressed and in the capacity therein stated. Given under my hand and seal of office, this day of , 2017. NOTARY PUBLIC, STATE OF TEXAS APPROVED THIS DAY OF 2017, BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS. Ally • V CITY SECRETARY FINAL PLAT PECAN GROVE PHASE II OUT OF THE JAMES SLATER SURVEY ABSTRACT N0.868 R.C.INGRAHAM SURVEY, ABSTACT N0.464 IN THE CITY OF ANNA COLLIN COUNTY, TEXAS OWNER/APPLICANT PECAN GROVE PHASE II, LTD. 8214 WESTCHESTER DRIVE, SUITE 710 DALLAS, TEXAS 75225 214-522-4945 PREPARED BY CORWIN ENGINEERING, INC. TBPE FIRM 05951 TBPLS FIRM *10031700 200 W. BELMONT, SUITE E ALLEN, TEXAS 75013 972-396-1200 AUGUST 2017 \dgn\16063-p1 SHEET 2 OF 2 50' ROW 10, 25' B-B 5.0' 5.0' 25' B-B 2.0/. --' 2.01�TYP - 5' SIDEWALK g - - B" 3600 PSI CONC. W/03 BARS AT 18" OCEW 7" LIME STABILIZED SUBGRADE. COMPACTED TO R STANDARD PROCTOR TYPICAL PAVEMENT SECTION STREET H ENTRY N.T.S. 15' 37' B-B 8.0' 8.0' 37' B-B 2.0/. 2.07 2.07 -' 2.0% �TYP -- - 5' SIDEWALK 8" 3600 PSI CONC. W/4 BARS AT 18" OCEW 7" LIME STABILIZED COMPACTED TO SUBGRA9553 STANDARD PROCTOR TYPICAL PAVEMENT SECTION FERGUSON BOULEVARD N.T.S. PAULA POWELL 15 ACRE TRACT 1 1 I 1 1 I VOL. 4162, PG. 2694 I 1 1 I 1 i 1 I 1 ; I1 1 i 1 1 ' I I I I 1 ! I , f 58• 48'38�"E -385 68L PECAN GROVE I a LOT 1 BLOCK V PHASE I ;------ Ld I - � OPEN SPACE VOL. Q. PG. 555 ; �----- S 1.617 AC. 1 I � ' I !I 1 I ' 1 I1 , 1 -1I I , ' I 1 i I I i I M N PROJECT LOCATION h a S y V) W CAROL BURL FOSTER CROSSING RD. LOCATION MAP N.T.S. NAOMICOPELAND PARCHMAN 17.260 ACRE TRACT VOL. 2070, PG. 177 � 1 , 2 3 4 ° 1 � � 1 I I JAMES HAGER 12.702 ACRE TRACT VOL. 754, PG. 172 07 E ° ' I LOT 3 BLOCK X OPEN SPACE/DRAINAGE AREA I $ I 3.067 AC. LOT 7 BLOC + ' OPEN SPACE/DRAINAGE ESJ�T 1 , 0.543 AC. 4 ' / 'I 00 WILLIAM MARSH ' 2 ® \ •2s h`° `� 2.984 ACRES 3 4 a ° 7 ° ° " 1D n- 12 VOL. 5700, PG. 816 I ° STREET P I I ® �- -- SBs• 5r53"E I I ° - - - - - -- ---0E sng-r '"445.81"SW380E0984 3 2 -PAS 0III >o iIace 11 U I 1 13 14 0 w , = -_.._. - - -� EO'RO.W. FINLEY BOULEVARD }11 � l I - - 3 / TAMARND ST. _ 20 0 i ZI i O 22 � r r 4 / / 1 2 3 4 $ e 7 a s.l ' - - - - - - - - - ------ --- --- -- -- t ELDERBERRY DR. 9.5' 31' B-B 9.5' 1.0' 1.0' 611-3600 pai (5.5 SACK) g" CROWN ---1/417FT REINF. CONC. PVMT. -.F- 1/4"/FT- +3 BARS 18" O.C.B.W. 5' SIDEWALK 8" LIME STABILIZED SUBGRADE PER CITY OF ANNA REQUIREMENTS. DEPTH OF MOISTURE CONDITION TO BE DETERMINED BY GEOTECHNICAL ENGINEER. TYPICAL PAVEMENT SECTION (31' B-B) N.T.S. PAULA POWELL 23.5 ACRE TRACT VOL. 4162, PG. 2694 1 / r„ `..^• ` +0'R.O.W. OE'VICA -zt- 80'R.O.WLOT V BLOCK W a� am aPACE/DRA"ARM 4.731 At- \ BRITTON WALDRON 9.920 ACRE TRACT DOC. NO. 20061220001790430 S4 25 27 2a 29 30 31 32 1 1 20 '� 10 S7 CM sPAarOaAf+xx MVA �: - 7.030 AC. 2 3 R to = � ° _ ° o I I =2 ® - see• zs 7'roJ .01 I - y _ - a e 10 27 25 U 24 23 22 i ism em ' Zt --�'- 4 WILLIAM GANT No 0 a L - 2 3 / 1c. DOC. N0. 20091120001412550 aoE I _PEACE( TREE DR, _ _ ° 1 _ / , 3 © I ! = LGT % , ® ' 2e �6 24 23 _ ^` ` r ' arol saw 21- N88. 28114"E 465.83' _ 20 - AREA 1 W - , z 17-` -���:) I t= 2 3 OAh AC. 4 a 9 7 r ' t° 17 a 1 u 1 u, ,1 _� 1 L_ 4 _ i--- -- - -- - -- PHA e 7 ° ° CMW BLOSS01,( a". 20 I ' 20 27 2e zs U 23 _ ! A u p LOT 1 efax- 1 OPM SPADE/ MARC DOWNS a n 12 = 14, A 2 3 4 e ° Y1 23 2D VOL. 5431, PG. 5242 n ! 1 2 3 4 a a:';. 7 ° ° _ _ - a � - - - _ 7 Q a 24 _ °10 IS ro u I 31 30 29 2a 27 26 Z �r- - O 14 i 26 27 % 2a 24 23 22 21 20 V ' O ' 24 24 23 U 22 21 Q pp2eo 2 3 4 a e I 7 �a to n n 1 2- 3 4 1 ' _ - -. - 70 n''f ' ' 10 i 1 2 3 4 i 1 ( ' CO ' ! e 7 a $ I I-- - --I JOHNNIE LUSCOMBE, n - �{ 1.Y ST. - " TRUSTEE OF THE LUSCOME FAMILY _ _ - _'� 14 e 1 DOC. NO. 20110527000548820 I f-- -- -- - -- -- - -- o-Isffi 1 1 >o e s 7 27 20 25 24 25 22 21 7 9 125 - I 1 e = u l 1 1 2 3 4 7 2 3 4 a LN_ - a C Mir"_ 7 89• "W S4 212.44' A = l 3 QD 9/ \ 1 2 N 1 ° 4 S 2 t I I 1 2 3 4 3 e 7 a 3 4 a a N = 1 g , , ' 347.78' S89.54'O?"W i102.89' ~� S8 •53`19"W 470.23' FOSTER CROSSNG ROAD (CR 388) JACKIE THORNHILL 1.0758 ACRE TRACT POINT OF BEGINNING CLERKS FILE NO.19960624000426030 80' ROW 17.5' 45' B-B 1.0' 6"-3600 pal (5.5 SACK) - - I/4"/FT REINF. CONC. PVMT. •3 BARS 18" O.C.B.W. 8" LIME STABILIZED SUBGRADE PER CITY OF ANNA REQUIREMENTS. DEPTH OF MOISTURE CONDITION TO BE DETERMINED BY GEOTECHNICAL ENGINEER. TYPICAL PAVEMENT SECTION (45' B-B) FINLEY BOULEVARD N.T.S. JAMES HAGER 15.4710 ACRE TRACT VOL. 814, PG. 177 0 100 200 400 SCALE: 1" = 200' TOTAL STREET LENGTH - 23124' TOTAL CURVILINEAR STREET LENGTH - 7014' TOTAL - 307 NOTES: B.L. - Building Line W.E. - Water Easement S.S.E. - Sanitary Sewer Easement U.E. - Utility Easement IRF - Iron Rod Found IRS - Iron Rod Set 4 - Street Name Change Phase Line / Matchline Zoning Line All common areas shall be maintained by HOA. NOTES: A W MASONRY SCREENING WALL IS REQUIRED ALONG ALL THOROUGHFARES. KEVIN KENNEDY A 5' SIDEWALK IS REQUIRED ALONG ALL THOROUGHFARES AND A 4'A SIDEWALK 54.256 ACRE TRACT ALONG ALL OTHER STREETS. CLERKS FILE NO.94-0026232 NO FLOODPLAIN EXISTS ON SITE PER FEMA MAP NO. 48085C0155J, DATED JUNE 2, 2009. VARIANCE REQUEST: 1. BLOCK LENGTH A VARIANCE FOR THE FOLLOWING BLOCKS THAT EXCEED THE 800' MAXIMUM BLOCK LENGTH IS REQUESTED -BLOCK A BLOCK LENGTH - 817' -BLOCK C BLOCK LENGTH - 860' -BLOCK F BLOCK LENGTH - 860' -BLOCK G BLOCK LENGTH - 1020' -BLOCK J BLOCK LENGTH - 860' -BLOCK T BLOCK LENGTH - 888' -BLOCK W BLOCK LENGTH - 1000' 2. STREET STUB A VARIANCE FOR STREET STUB CRITERIA OF EVERY 1000' TO ADJOINING PROPERTY IS REQUESTED FOR THE EAST BOUNDARY. THE DISTANCE FROM FINLEY DRIVE TO CHERRY BLOSSOM BOULEVARD 1120'. "PRIOR TO THE SUBMISSION OF ENGINEERING CONSTRUCTION PLANS FOR THE REQUIRED PUBLIC IMPROVEMENTS, THE DEVELOPER SHALL SUBMIT TO THE CITY A TRAFFIC IMPACT ANALYSIS OF THE PROPOSED DEVELOPMENT THAT MEETS THE 1.1 0 REQUIREMENTS OUTLINED IN ARTICLE 3, SECRION 1.04 OF THE CITY'S SUBDIVISION REGULATIONS. WHERE A TRAFFIC IMPACT - 1/4"/FT- ANALYSIS DEMONSTRATES THE NEED FOR OFF -SITE FACILITIES OR IMPROVEMENTS TO APPROACH STREETS, THE DEVELOPER SHALL MAKE SUCH IMPROVEMENTS TO APPROACH STREETS, OFF -SITE COLLECTOR AND ARTERIAL STREETS AND INTERSECTIONS AS ARE NECESSARY TO MITIGATE TRAFFIC IMPACTS GENERATED BY THE DEVELOPMENT, CONSISTENT WITH 5'SIDEWALK ARTICLE 3, SECTION 2 OF THE CITY'S SUBDIVISION REGULATIONS. IMPROVEMENTS TO THE ADJACENT PERIMETER ROADWAY (FOSTER CROSSING) SHALL BE REQUIRED CONSISTENT WITH ARTICLE 3, SECTION 2 OF THE SUBDIVISION REGULATIONS." TOTAL SINGLE FAMILY LOTS 473 TOTAL ACRES 144.206 PRELIMINARY PLAT OF PECAN GROVE PHASES 11-1V OUT OF THE JAMES SLATER SURVEY ABSTRACT NO.868 R.C. INGRAHAM SURVEY, ABSTACT NO.464 IN THE CITY OF ANNA COLLIN COUNTY, TEXAS OWNER/APPLICANT FOSTER CROSSING, LTD. 8214 WESTCHESTER DRIVE, SUITE 710 DALLAS, TEXAS 75225 214-522-4945 PREPARED BY CORWIN ENGINEERING, INC. TBPE FIRM 05951 TBPLS FIRM *10031700 200 W. BELMONT, SUITE E ALLEN, TEXAS 75013 972-396-1200 JUNE 2016 SCALE: 1"-100' SHEET 1 OF 4 \Preliminarv\15057PAE-olat.dan F'd CORWIN ENGINEERING, INC. 200 W. Belmont Dr. • Suite E • Allen, TX 75013 (972) 396-1200 • FAX (972) 396-4987 October 30, 2017 Maurice Schwanke Director of Planning and Development City of Anna 3223 N. Powell Parkway Anna, TX 75409 RE: Pecan Grove Phase 2 Dear Maurice, The Pecan Grove Phase 2 development as designed on the engineering plans prepared by Corwin Engineering, Inc., in October, 2017 will not damage downstream property due to the development's impact on off -site drainage. Sincerely, CORWIN ENGINEERING, INC. Brandon Davidson �% i 41 .OF T ��,� �1 ....:........................... X BRANDON DAVIDSON r............................... r„d:_ 87682 Engineers 0 Planners 0 Surveyors Item No. 7. City Council Agenda Staff Report Meeting Date: 11 /28/2017 AGENDA ITEM: Consider/Discuss/Act on a Resolution approving a Roadway Impact Fee Credit Agreement for Pecan Grove Estates, Phases 2-4. (Maurice Schwanke) SUMMARY: Pecan Grove Estates Phases 2-4 is a residential development located on the north side of Foster Crossing Road. As part of the development, the owner is constructing the northern half of Foster Crossing adjacent to the property. The portion of Foster Crossing that will be constructed by the developer is on the City's impact fee capital improvement plan and is eligible for impact fee credits. The attached Impact Fee Credit Agreement defines the obligations of the developer with respect to the construction of Foster Crossing Road, and the obligations of the City with respect to granting impact fee credits. The roadway impact fee credits authorized by this Agreement will not exceed the total roadway impact fees that would otherwise be due from the development of the property. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution and Impact Fee Credit Agreement. ATTACHMENTS: Description Upload Date Type Resolution approving Impact Fee Credit Agreement 11/21/2017 Resolution Exhibit 1, Impact Fee Credit Agreement 11/21/2017 Exhibit Exhibit A, Page 1 11/21/2017 Exhibit Exhibit A, Page 2 11/21/2017 Exhibit Exhibit A, Page 3 11/21/2017 Exhibit Exhibit A, Page 4 11/21/2017 Exhibit Exhibit B 11/21/2017 Exhibit Application 11 /17/2017 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A ROADWAY IMPACT FEE CREDIT AGREEMENT WITH PECAN GROVE PHASE II, LTD; FOSTER CROSSING, LTD; ATC NO. 9/SHRP COMMERCIAL, LTD. (COLLECTIVELY, "OWNER") FOR PECAN GROVE, PHASES 2-4. WHEREAS, Pecan Grove Phase II, Ltd; Foster Crossing, Ltd; and ATC No. 9/Shrp Commercial, Ltd. own and desire to develop a parcel of property composed of approximately 144.206-acres of land located entirely within the corporate limits of the City of Anna, Texas (the "City"); and, WHEREAS, the Owner has agreed to construct certain roadway facilities in connection with development of the property; and, WHEREAS, the Owner has requested roadway impact fee credits for the construction of said roadway facilities; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Roadway Impact Fee Credit Agreement The City Council hereby approves the Roadway Impact Fee Credit Agreement for Pecan Grove, Phases 2-4, attached hereto as Exhibit 1 and ratifies and approves the City Manager's execution of the same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the Agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 28t" day of November 2017. ATTEST: APPROVED: Carrie L. Smith, City Secretary Mayor, Nate Pike ROADWAY IMPACT FEE CREDIT AGREEMENT FOR PECAN GROVE PHASE 2-4 WEST FOSTER CROSSING ROAD. This Impact Fee Credit Agreement (this "Agreement") is entered into between the City of Anna, Texas (the "City") and Pecan Grove Phase ll, LTD; Foster Crossing, LTD; ATC No. 9/Shrp Commercial, LTD, ("Owner"). WHEREAS, Owner and the City are sometimes collectively referenced in this Agreement as the "Parties," or, each individually, as "Party"; and WHEREAS, it is the Parties' mutual intent that this Agreement shall govern only the subject matter specifically set forth herein and that this Agreement, and shall supersede any previous agreement between the Parties only to the extent that any such agreements directly conflict with the terms of this Agreement; and WHEREAS, Owner owns and desires to develop a parcel or parcels of real property (the "Property") in Collin County, Texas, which is composed of approximately 144.206 acres of land located entirely within the corporate limits of the City of Anna and is more particularly and separately or jointly described in the attached Exhibit A; and, NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: SECTION 1 RECITALS INCORPORATED The recitals set forth above are incorporated herein as if set forth in full to further describe the Parties' intent under this Agreement and said recitals constitute representations by Owner and the City. SECTION 2 DEFINITIONS City Code means the Anna City Code of Ordinances City Manager means the current or acting City Manager of the City of Anna or a person designated to act on behalf of the City Manager with respect to this Agreement if the designation is in writing and signed by the current or acting City Manager. City Regulations mean City Code provisions, ordinances, design standards, uniform codes, and other policies duly adopted by the City. Development means the new development on the Property that is the subject of this Agreement. Estimated Construction Cost, with respect to the engineering, design, and construction of the Roadway Project, means $715,215. IMPACT FEE CREDIT AGREEMENT Final Construction Cost, with respect to the Roadway Project, means the dollar amount actually paid for the engineering, design, and construction of the Roadway Project at the time of full and final completion, dedication and acceptance the Roadway Project. City inspection fees shall not be included in the Final Construction Cost. Final Credit Amount, with respect to the Roadway Project, means a dollar amount equal to the Estimated Construction Cost or the Final Construction Cost, whichever is less. Roadway Improvements means right of way preparation, paving excavation, construction of concrete paving, storm drainage, curbs, signage, roadway transitions, turn lanes, pavement markings, sidewalks, irrigation, landscaping, lighting and any other improvements necessary for a complete roadway system, of the portion of Foster Crossing Road that is the subject of this Agreement. Roadway Protect means the construction of Foster Crossing Road Roadway Improvements generally described as an 8" thick, 3,600 PSI, 24'-wide concrete street section from station 0+00 to station 22+40.00 a distance of approximately 2,240' as further described and depicted in Exhibit B, attached hereto, and in accordance with construction plan approved by the City. SECTION 3 GENERAL PROVISIONS. (a) Documentation of Actual Amount Paid. Once Owner fully completes the Roadway Project, and before the City has accepted such Roadway Project after inspection, Owner shall provide the City Manager with documentation reasonably acceptable to the City Manager evidencing the Final Construction Cost. (b) Maintenance Bond. For each construction contract for any part of the Roadway Project, Owner or Owner's contractor further must execute a Maintenance Bond in accordance with applicable City Regulations that guarantee the costs of any repairs which may become necessary to any part of the construction work performed in connection with the Roadway Project, arising from defective workmanship or materials used therein, for a full period of two (2) years from the date of final acceptance of the Roadway Project constructed under such contract. (c) Approval of Plats/Plans. Approval by the City, the City's engineer or other City employee or representative, of any plans, designs or specifications submitted by Owner pursuant to this Agreement or pursuant to City Regulations shall not constitute or be deemed to be a release of the responsibility and liability of Owner, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Further, any such approvals shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by Owner's engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City's engineer signifies the City's approval on only the general design concept of the improvements to be constructed. Pecan Gove Phases 2-4 Roadway Impact Fee Credit Agreement (d) Insurance. Owner or its contractor(s) shall acquire and maintain, during the period of time when any of the Roadway Project are under construction (and until the full and final completion of the Roadway Project and acceptance thereof by the City: (a) workers compensation insurance in the amount required by law; and (b) commercial general liability insurance including personal injury liability, premises operations liability, and contractual liability, covering, but not limited to, the liability assumed under any indemnification provisions of this Agreement, with limits of liability for bodily injury, death and property damage of not less than $1,000,000.00. Such insurance shall also cover any and all claims which might arise out of the Roadway Project construction contracts, whether by Owner, a contractor, subcontractor, materialman, or otherwise. Coverage must be on an "per occurrence" basis. All such insurance shall: (i) be issued by a carrier which is rated "A-1" or better by A.M. Best's Key Rating Guide and licensed to do business in the State of Texas; and (ii) name the City as an additional insured and contain a waiver of subrogation endorsement in favor of the City. Upon the execution of Public Improvement construction contracts, Owner shall provide to the City certificates of insurance evidencing such insurance coverage together with the declaration of such policies, along with the endorsement naming the City as an additional insured. Each such policy shall provide that, at least 30 days prior to the cancellation, non -renewal or modification of the same, the City shall receive written notice of such cancellation, non -renewal or modification. (e) Indemnification and Hold Harmless. OWNER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING, WITHOUT LIMITATION, DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS FEES AND RELATED EXPENSES, EXPERT WITNESS FEES AND RELATED EXPENSES AND OTHER CONSULTANT FEES AND RELATED EXPENSES) ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE NEGLIGENT OR OTHERWISE WRONGFUL ACTS OR OMISSIONS OF OWNER, ITS AGENTS, SERVANTS, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN OR EMPLOYEES IN CONNECTION WITH THE DESIGN, CONSTRUCTION OR INSTALLATION OF THE ROADWAY PROJECT, INCLUDING BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY PROPERTY. SUCH INDEMNITY SHALL SURVIVE THE TERM OF THIS AGREEMENT. AT NO TIME SHALL THE CITY HAVE ANY CONTROL OVER OR CHARGE OF THE OWNER'S DESIGN, CONSTRUCTION OR INSTALLATION OF ANY OF THE ROADWAY PROJECT THAT ARE THE SUBJECT OF THIS AGREEMENT, NOR THE MEANS, METHODS, TECHNIQUES, SEQUENCES OR PROCEDURES UTILIZED FOR SAID DESIGN, CONSTRUCTION OR INSTALLATION. THIS AGREEMENT DOES NOT CREATE A JOINT ENTERPRISE BETWEEN THE CITY AND OWNER. OWNER FURTHER COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY AGAINST ANY AND ALL CLAIMS OR SUITS, BY ANY PERSON CLAIMING AN INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THIS Pecan Gove Phases 2-4 Roadway Impact Fee Credit Agreement AGREEMENT AND WHICH CLAIMS: (1) ARISE IN ANY WAY FROM THE CITY'S RELIANCE UPON OWNER'S REPRESENTATIONS IN THIS AGREEMENT; (2) RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH DEVELOPMENT OF THE PROPERTY; OR (3) ARISE IN ANY WAY FROM THE CITY'S APPROVAL OF ANY TYPE OF DEVELOPMENT APPLICATION OR SUBMISSION WITH RESPECT TO THE PROPERTY. NOTWITHSTANDING THIS PROVISION AGREEMENT, OWNER SHALL NOT BE OR HOLD THE CITY HARMLESS FOR GROSS NEGLIGENCE. SECTION 4 ROADWAY PROJECT (a) Owner Obligations. OR ANY OTHER PROVISION OF THIS OBLIGATED TO INDEMNIFY, DEFEND, THE CITY'S OWN NEGLIGENCE OR Owner shall construct the Roadway Project depicted on the attached Exhibit B, and all required Roadway Improvements appurtenant to the Roadway Project. (b) City Obligations (1) The Final Credit Amount shall be a credit against Roadway impact fees otherwise due to the City from Development of the Property. The Roadway impact fee credit for the construction of the Roadway Project shall be redeemed at the time of issuance of building permits, and such redemption shall apply to the full amount of the Roadway impact fees that would otherwise be collected until the Roadway impact fee credit authorized by this Agreement has been exhausted. (2) Notwithstanding Section 4(b)(1) above, the Roadway impact fee credit for construction of the Roadway Project shall not exceed the total amount of Roadway impact fees due from Development of the Property. (3) Notwithstanding Section 4(b)(1) above, the impact fee credit authorized by this Agreement shall expire on September 30 in the tenth year following the date the Roadway Project is complete and formally accepted by the City. (4) The City shall have the right to collect Roadway impact fees due from the Development of the Property after the credit authorized by this Agreement has been exhausted or after the credit expires, whichever occurs first. SECTION 5 EFFECTIVE DATE The Effective Date of this Agreement is the date that the last of the Parties' signatures to this Agreement is fully and properly affixed to this Agreement and acknowledged by a public notary. The City's duties and obligations hereunder shall not arise unless and until the City Manager and the Owner have duly executed this Agreement. Pecan Gove Phases 2-4 Roadway Impact Fee Credit Agreement SECTION 6 TERMINATION This Agreement and all obligations of the Parties hereto, shall terminate upon full performance of the terms of this Agreement. SECTION 7 SUCCESSORS AND ASSIGNS (a) All obligations and covenants of Owner under this Agreement shall constitute covenants running with the land, and shall bind Owner and each successive Owner of all of any portion of the Property. (b) This Agreement shall not be assignable by Owner without the prior written consent of the City. SECTION 8 MISCELLANEOUS PROVISIONS (a) Authority to execute contract. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. (b) Notice. All notices, demands or other communications required or provided hereunder shall be in writing and shall be deemed to have been given on the earlier to occur of actual receipt or three (3) days after the same are given by hand delivery or deposited in the United States mail, certified or registered, postage prepaid, return receipt requested, addressed to the parties at the addresses set forth below or at such other addresses as such parties may designate by written notice to the other parties in accordance with this notice provision. If to the City: City of Anna Attn: City Manager P.O. Box 776 111 N. Powell Parkway Anna, TX 75409 If to Owner: Pecan Grove Phase II, LTD Attn: Adam J. Buczek Development Partner 8214 Westchester Drive, Suite 710 Dallas, TX 75225 (c) Complete Agreement. This Agreement embodies the entire Agreement between the Parties and cannot be varied or terminated except as set forth in this Agreement, or by written agreement of the City and Owner expressly amending the terms of this Agreement. Pecan Gove Phases 2-4 Roadway Impact Fee Credit Agreement (d) Applicable Law and Venue. This Agreement shall be performable and all compensation payable in Collin County, Texas. Venue and exclusive jurisdiction under this Agreement lies in a court of competent jurisdiction in Collin County, Texas. (e) Severability. If any clause, paragraph, section or portion of this Agreement shall be found to be illegal, unlawful, unconstitutional or void for any reason, the balance of the Agreement shall remain in full force and effect and the unlawful provision shall be replaced with a provision as similar in terms and effect to such unlawful provision as may be valid, legal and enforceable. (f) Representation. Each signatory representing this Agreement has been read by the party for which this Agreement is executed and that such Party has had an opportunity to confer with its counsel. (g) Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged. (h) Waiver. Waiver by either Party or any breach of this Agreement, or the failure of either Party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such Party's right thereafter to enforce and compel strict compliance of the Agreement. (i) Miscellaneous Drafting Provisions. This Agreement was drafted equally by the Parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. Headings in this Agreement are for the convenience of the Parties and are not intended to be used in construing this document. Q) No Other Beneficiaries. This Agreement is for the sole and exclusive benefit of the City, Owner and Payee and is not intended to and shall not confer any rights or benefits on any third party not a signatory hereto. (k) Binding Effect. This Agreement shall bind and inure to the benefit of the City and Owner and to any successor Owner/Owner of the Property, may be recorded in the Collin County property records, and runs with the land. (1) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. (m) No Waiver of Development Ordinances. No waiver of any provision of this Agreement will be deemed to constitute a waiver of any other provision or any other agreement between the Parties. No waiver of any provision of this Agreement will be deemed to constitute a continuing waiver unless expressly provided for by written amendment to this Agreement; nor will the waiver of any default under this Agreement be deemed a waiver of any subsequent defaults of the same type. Nothing herein shall waive any obligations of Owner under applicable City Regulations. Pecan Gove Phases 2-4 Roadway Impact Fee Credit Agreement [SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Pecan Gove Phases 2-4 Roadway Impact Fee Credit Agreement Owner: Pecan Grove Phase II LTD, a Texas Limited Partnership By: Name Title: Adam J. Buczek, Director IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF Collin § Before me, the undersigned notary public, on the day of , 2017, personally appeared , known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as of Notary Public, State of Texas Pecan Gove Phases 2-4 Roadway Impact Fee Credit Agreement Owner: Foster Crossing, LTD, a Texas Limited Partnership By: Name Title: Adam J. Buczek, Director IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF Collin § Before me, the undersigned notary public, on the day of , 2017, personally appeared , known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as of Notary Public, State of Texas Pecan Gove Phases 2-4 Roadway Impact Fee Credit Agreement Owner: ATC No. 9/Shrp. Commercial, LTD, a Texas Limited Partnership By: Name Title: Adam J. Buczek, Director IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF Collin § Before me, the undersigned notary public, on the day of )2017, personally appeared , known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as of Notary Public, State of Texas Pecan Gove Phases 2-4 Roadway Impact Fee Credit Agreement CITY OF ANNA IN Philip Sanders, City Manager IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF COLLIN § Before me, the undersigned notary public, on the day of )2017, personally appeared Philip Sanders, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as City Manager of the City of Anna, Texas. Notary Public, State of Texas Pecan Gove Phases 2-4 Roadway Impact Fee Credit Agreement ATTACHMENTS Exhibit A — The Property (legal description and drawing) Exhibit B — Roadway Project Pecan Gove Phases 2-4 Roadway Impact Fee Credit Agreement 50' ROW 10, 25' B-B 5.0' 5.0' 25' B-B 2.0/. --' 2.01�TYP - 5' SIDEWALK g - - B" 3600 PSI CONC. W/03 BARS AT 18" OCEW 7" LIME STABILIZED SUBGRADE. COMPACTED TO R STANDARD PROCTOR TYPICAL PAVEMENT SECTION STREET H ENTRY N.T.S. 15' 37' B-B 8.0' 8.0' 37' B-B 2.0/. 2.07 2.07 -' 2.0% �TYP -- - 5' SIDEWALK 8" 3600 PSI CONC. W/4 BARS AT 18" OCEW 7" LIME STABILIZED COMPACTED TO SUBGRA9553 STANDARD PROCTOR TYPICAL PAVEMENT SECTION FERGUSON BOULEVARD N.T.S. PAULA POWELL 15 ACRE TRACT 1 1 I 1 1 I VOL. 4162, PG. 2694 I 1 1 I 1 i 1 I 1 ; I1 1 i 1 1 ' I I I I 1 ! I , f 58• 48'38�"E -385 68L PECAN GROVE I a LOT 1 BLOCK V PHASE I ;------ Ld I - � OPEN SPACE VOL. Q. PG. 555 ; �----- S 1.617 AC. 1 I � ' I !I 1 I ' 1 I1 , 1 -1I I , ' I 1 i I I i I M N PROJECT LOCATION h a S y V) W CAROL BURL FOSTER CROSSING RD. LOCATION MAP N.T.S. NAOMICOPELAND PARCHMAN 17.260 ACRE TRACT VOL. 2070, PG. 177 � 1 , 2 3 4 ° 1 � � 1 I I JAMES HAGER 12.702 ACRE TRACT VOL. 754, PG. 172 07 E ° ' I LOT 3 BLOCK X OPEN SPACE/DRAINAGE AREA I $ I 3.067 AC. LOT 7 BLOC + ' OPEN SPACE/DRAINAGE ESJ�T 1 , 0.543 AC. 4 ' / 'I 00 WILLIAM MARSH ' 2 ® \ •2s h`° `� 2.984 ACRES 3 4 a ° 7 ° ° " 1D n- 12 VOL. 5700, PG. 816 I ° STREET P I I ® �- -- SBs• 5r53"E I I ° - - - - - -- ---0E sng-r '"445.81"SW380E0984 3 2 -PAS 0III >o iIace 11 U I 1 13 14 0 w , = -_.._. - - -� EO'RO.W. FINLEY BOULEVARD }11 � l I - - 3 / TAMARND ST. _ 20 0 i ZI i O 22 � r r 4 / / 1 2 3 4 $ e 7 a s.l ' - - - - - - - - - ------ --- --- -- -- t ELDERBERRY DR. 9.5' 31' B-B 9.5' 1.0' 1.0' 611-3600 pai (5.5 SACK) g" CROWN ---1/417FT REINF. CONC. PVMT. -.F- 1/4"/FT- +3 BARS 18" O.C.B.W. 5' SIDEWALK 8" LIME STABILIZED SUBGRADE PER CITY OF ANNA REQUIREMENTS. DEPTH OF MOISTURE CONDITION TO BE DETERMINED BY GEOTECHNICAL ENGINEER. TYPICAL PAVEMENT SECTION (31' B-B) N.T.S. PAULA POWELL 23.5 ACRE TRACT VOL. 4162, PG. 2694 1 / r„ `..^• ` +0'R.O.W. OE'VICA -zt- 80'R.O.WLOT V BLOCK W a� am aPACE/DRA"ARM 4.731 At- \ BRITTON WALDRON 9.920 ACRE TRACT DOC. NO. 20061220001790430 S4 25 27 2a 29 30 31 32 1 1 20 '� 10 S7 CM sPAarOaAf+xx MVA �: - 7.030 AC. 2 3 R to = � ° _ ° o I I =2 ® - see• zs 7'roJ .01 I - y _ - a e 10 27 25 U 24 23 22 i ism em ' Zt --�'- 4 WILLIAM GANT No 0 a L - 2 3 / 1c. DOC. N0. 20091120001412550 aoE I _PEACE( TREE DR, _ _ ° 1 _ / , 3 © I ! = LGT % , ® ' 2e �6 24 23 _ ^` ` r ' arol saw 21- N88. 28114"E 465.83' _ 20 - AREA 1 W - , z 17-` -���:) I t= 2 3 OAh AC. 4 a 9 7 r ' t° 17 a 1 u 1 u, ,1 _� 1 L_ 4 _ i--- -- - -- - -- PHA e 7 ° ° CMW BLOSS01,( a". 20 I ' 20 27 2e zs U 23 _ ! A u p LOT 1 efax- 1 OPM SPADE/ MARC DOWNS a n 12 = 14, A 2 3 4 e ° Y1 23 2D VOL. 5431, PG. 5242 n ! 1 2 3 4 a a:';. 7 ° ° _ _ - a � - - - _ 7 Q a 24 _ °10 IS ro u I 31 30 29 2a 27 26 Z �r- - O 14 i 26 27 % 2a 24 23 22 21 20 V ' O ' 24 24 23 U 22 21 Q pp2eo 2 3 4 a e I 7 �a to n n 1 2- 3 4 1 ' _ - -. - 70 n''f ' ' 10 i 1 2 3 4 i 1 ( ' CO ' ! e 7 a $ I I-- - --I JOHNNIE LUSCOMBE, n - �{ 1.Y ST. - " TRUSTEE OF THE LUSCOME FAMILY _ _ - _'� 14 e 1 DOC. NO. 20110527000548820 I f-- -- -- - -- -- - -- o-Isffi 1 1 >o e s 7 27 20 25 24 25 22 21 7 9 125 - I 1 e = u l 1 1 2 3 4 7 2 3 4 a LN_ - a C Mir"_ 7 89• "W S4 212.44' A = l 3 QD 9/ \ 1 2 N 1 ° 4 S 2 t I I 1 2 3 4 3 e 7 a 3 4 a a N = 1 g , , ' 347.78' S89.54'O?"W i102.89' ~� S8 •53`19"W 470.23' FOSTER CROSSNG ROAD (CR 388) JACKIE THORNHILL 1.0758 ACRE TRACT POINT OF BEGINNING CLERKS FILE NO.19960624000426030 80' ROW 17.5' 45' B-B 1.0' 6"-3600 pal (5.5 SACK) - - I/4"/FT REINF. CONC. PVMT. •3 BARS 18" O.C.B.W. 8" LIME STABILIZED SUBGRADE PER CITY OF ANNA REQUIREMENTS. DEPTH OF MOISTURE CONDITION TO BE DETERMINED BY GEOTECHNICAL ENGINEER. TYPICAL PAVEMENT SECTION (45' B-B) FINLEY BOULEVARD N.T.S. JAMES HAGER 15.4710 ACRE TRACT VOL. 814, PG. 177 0 100 200 400 SCALE: 1" = 200' TOTAL STREET LENGTH - 23124' TOTAL CURVILINEAR STREET LENGTH - 7014' TOTAL - 307 NOTES: B.L. - Building Line W.E. - Water Easement S.S.E. - Sanitary Sewer Easement U.E. - Utility Easement IRF - Iron Rod Found IRS - Iron Rod Set 4 - Street Name Change Phase Line / Matchline Zoning Line All common areas shall be maintained by HOA. NOTES: A W MASONRY SCREENING WALL IS REQUIRED ALONG ALL THOROUGHFARES. KEVIN KENNEDY A 5' SIDEWALK IS REQUIRED ALONG ALL THOROUGHFARES AND A 4'A SIDEWALK 54.256 ACRE TRACT ALONG ALL OTHER STREETS. CLERKS FILE NO.94-0026232 NO FLOODPLAIN EXISTS ON SITE PER FEMA MAP NO. 48085C0155J, DATED JUNE 2, 2009. VARIANCE REQUEST: 1. BLOCK LENGTH A VARIANCE FOR THE FOLLOWING BLOCKS THAT EXCEED THE 800' MAXIMUM BLOCK LENGTH IS REQUESTED -BLOCK A BLOCK LENGTH - 817' -BLOCK C BLOCK LENGTH - 860' -BLOCK F BLOCK LENGTH - 860' -BLOCK G BLOCK LENGTH - 1020' -BLOCK J BLOCK LENGTH - 860' -BLOCK T BLOCK LENGTH - 888' -BLOCK W BLOCK LENGTH - 1000' 2. STREET STUB A VARIANCE FOR STREET STUB CRITERIA OF EVERY 1000' TO ADJOINING PROPERTY IS REQUESTED FOR THE EAST BOUNDARY. THE DISTANCE FROM FINLEY DRIVE TO CHERRY BLOSSOM BOULEVARD 1120'. "PRIOR TO THE SUBMISSION OF ENGINEERING CONSTRUCTION PLANS FOR THE REQUIRED PUBLIC IMPROVEMENTS, THE DEVELOPER SHALL SUBMIT TO THE CITY A TRAFFIC IMPACT ANALYSIS OF THE PROPOSED DEVELOPMENT THAT MEETS THE 1.1 0 REQUIREMENTS OUTLINED IN ARTICLE 3, SECRION 1.04 OF THE CITY'S SUBDIVISION REGULATIONS. WHERE A TRAFFIC IMPACT - 1/4"/FT- ANALYSIS DEMONSTRATES THE NEED FOR OFF -SITE FACILITIES OR IMPROVEMENTS TO APPROACH STREETS, THE DEVELOPER SHALL MAKE SUCH IMPROVEMENTS TO APPROACH STREETS, OFF -SITE COLLECTOR AND ARTERIAL STREETS AND INTERSECTIONS AS ARE NECESSARY TO MITIGATE TRAFFIC IMPACTS GENERATED BY THE DEVELOPMENT, CONSISTENT WITH 5'SIDEWALK ARTICLE 3, SECTION 2 OF THE CITY'S SUBDIVISION REGULATIONS. IMPROVEMENTS TO THE ADJACENT PERIMETER ROADWAY (FOSTER CROSSING) SHALL BE REQUIRED CONSISTENT WITH ARTICLE 3, SECTION 2 OF THE SUBDIVISION REGULATIONS." TOTAL SINGLE FAMILY LOTS 473 TOTAL ACRES 144.206 PRELIMINARY PLAT OF PECAN GROVE PHASES 11-1V OUT OF THE JAMES SLATER SURVEY ABSTRACT NO.868 R.C. INGRAHAM SURVEY, ABSTACT NO.464 IN THE CITY OF ANNA COLLIN COUNTY, TEXAS OWNER/APPLICANT FOSTER CROSSING, LTD. 8214 WESTCHESTER DRIVE, SUITE 710 DALLAS, TEXAS 75225 214-522-4945 PREPARED BY CORWIN ENGINEERING, INC. TBPE FIRM 05951 TBPLS FIRM *10031700 200 W. BELMONT, SUITE E ALLEN, TEXAS 75013 972-396-1200 JUNE 2016 SCALE: 1"-100' SHEET 1 OF 4 \Preliminarv\15057PAE-olat.dan = I 16 = 15 4 - 3 12 0 19 18 17 Pi --I AS I I� o „ " 82' 94' � I 82' „ I A 1 - (D � I 0� - - 9 10 4 - 5 6 7 g ---- - 20'8.L_ I ELDERBERRY C5P R.o.w.) ------------------------------- -I L- 588c 28'07"W .996.701 JAMES SLATER SURVEY ABSTRACT NO.868 EZRA SHELBY SURVEY ABSTRACT NO.839 INSTALL TYP. STREET BARRICADE WILLIAM GANT DOC. NO. 20091120001412550 N880 28'14"E 465.631 ' QJ' o O 18 I I ! 64' 60' r' 67' , 60' „ I 17 - i I 'o dW 1 2 _ _ to >� (h I _ 16 , I I 65' 60' s I MARC DOWNS �M ! I r--- ---------- VOL. 5431, PG. 5242 o two o I e<A�_ M 15 ! i 70' 6 j 7 ---- 25'1 z 0 = 14 I - 28 - 2 1� I R1 I: ..0 00 , 10 I ! r W_ 13 010 67' 6( 10 , I ILI) 12 N I _1• , O I o I L--- - 20' 70' 60 11 i i - 1----------- U- �/ / > 14 No 15 0 16 0' j ----------------/r 60' 60' 77' I I TAMARIND _ST_(5o' R_o.w.) L-324' --t o: i 75' 60' 60' 76' - - - - - - I 20'B-- ---- ------I 1 _ � 2 = 3 I 4 ", o m I� W I 75' 60, 60' 75' I 0 I WI _0 8 7 = 6 5 ------ --- 2o'B.L_ -----� 75' 60' 60' 75' 50' R O W.) MOMBIN S�-----____� --------- L-320' D r 75' --- 60, 60, 75' --------------, 1 m ! F3 10 8 - I 9 10 = 11 of o :I> Sim "IC - , m z ( 7 ' 60' 0' 7 I I /U I 135' 135' I•® 01 7 , 0 12 Io I = 6 - 13----- ' , I I 7S = P_EAC_H__T_R_E_E__DR. 60' 60' ----- ' - I 5 14 ! - R-soo' _ -- (50' R.O.W.) 61' ----- 83is F20,e.C_ ------ ��C�c 4 15 I0 18 0 17 0 16 0 �0 FD 4 : I 3 © _ 16 i : i !r _ o 00�20 ' 60' 60' JAMES - SLAT ABSTRACT 17 W i - I ,� _ 3 N R.C. IN RAHi ABSTRACT !- I i nJii ai 1 0 1' _ 2 0 0 135' , 135' 1 CO CO. 65 I . 10` B.L- L______- I _ -___-------- , 64' 70' I 135' CHERRY BLOSSOMLP- I ---------1----- ~' _62' 62' 68': (50' R.O.W.) 20 25' �o' sr __-_ ---- 1 10 4 ----- ---- --- -_-_ ----- --fie; so' ., _ -__------- 60' 60' 62' gOIS D1 ARC 1 -------- -• . ---- - (50' RO.W.)- 3 = 63, 73' - - - - - - - - - - - - - - - - R-2315' - 527 _---H�LLY ST :_ ---- L-1949'- -- --- (50` R.O.W J - 63' 68, I - -- -- S86* 5115311E 445.871 -.--_..J I ' ! - FINLEY BOULEVARD L-579------------ �____-------- %;- 58' 109' 60' 62' „ L T 18LOCK 0 - 20' OPEN SPACE/W.E. I I ' 20 22 21 0 „ 62' Q 68' , 116' N 22 - 23 24 25 2 - ! 20 -� 19 44 - - _ 20' B.L. 27 28 29 30 - 31 �i cov 32 ' a� 48' 62'- - - - 4 - - - - - ----- - -- „ „ - ---- ____ ---- ----- 20'B_L._ hl j ! 114' , U, _ _ _ o 1 19 in ' ,n 110, yottl--'-"-----------_----_-_-----_ - CAS ST.(5o' R.o.w.) „ 62' sa' I o 18 ^' f ____ - _W__ -'-_------------..-.._-_- I a 11 4, L- - I 18 j 120, N I h 428, 60' n � CK Q ��` - JNAGE AREA .` f _ 17 o 1 , 61 LOT 20 BLOCK R - - - --- _ 60' _ 20' 8.L - - - ' - 80, - - - _ ' 118, \C. `�` f f S2 OPEN SPACE 17 „ 52' S2 43 0.724 AC. 4' I 0 19 0 18 h : I 16 f '_' 01� ® 51, 17 'n w 16 / i r20, ] I I I ^ 1 2 M R , - 15,9f 16 - - I^ I 3 4 I 60, I r j 1 15 2° 5 P SE IV „ 59' - - _ 7 51' S2, sr l I j 15 so. "" - ' _ 12 14 Q: " I 13 61-__ ' - -__ 13 14 h ] 51, 50. (50 R.O, --. e-L. , f 13 120' �] ^ N 'm 27 26 „ ~' 52 ' so' r 12 ''' o �� � �~ 25 24 -.- z _ a �_, J �,. '. 62' 6 o] N' ' i I © ' 23 w , 22 w ;, ��� _ _-_- r �^ % ,N ~__-1 12 59. 21 - ' ® ' w ' !/7 r 61, 50' 56' 20 } S0 ' _ _ 60 - 19 zo' B.C: I - / „ ' o N 8 9LLj - 10 - r '� i 54' !m 55' > 54' CD17 to 18 - I 11 w 6 16 f z 15 14 r r ] 2 3 a w m �� i / 10 60' 79' f - _ 20' B.L. - 'Na' N „ 50 -I --------------- j �- 60' : -- _ 6 7 ? a 54• 60, 1 /O - ] 9 -_ R-3265'- 54, _ -- -_ ------ I 52' - 8 f ' __ I or R-2975-----------------_ r L-2363'�--`_�� - 61, --_ L-2011'--------------- _ -- R-2685' - -- - _ 20_g L 73' n0tS 60, -_ I -- -- _ 66, (50,p n " N. tic 62• 16k F o „ I ! 65' 60' „ .. 60' 62' 1. 60' off` 41F' �$� _ I = I 67' 60' 60' 60' 60, I. _ m! I a\� �� lz �Dc - 8 © - 11 12 _: 13 14 '-I q i o `L 10 m 1 - 2 3- 4 5 6- 7 8- 9 --- '���'ap 'C2 7 I ' -I� --"O - - 60= - 60, 64' I 20' B.L. 6 I ooG' I �---- - ----- ---- ---- ----- ----- ---- .. s2' LN-- __---------I---- 120' , I 65' 60' 60, 60' 60, 62' " (50' R.o.w CREPE MYRTLE - I 1 _ I --------------------------T--------------R-2895' -- L-1290' 81 60' _ (n Ae I " 20' B.L. I g \ 28' 28' 60' W. 70' 74' 60 - - _ - - - 10-117 _ s Cal w 5 i, �In I u'- 8 v �gpa pfp w 4 a 3 0 2 0 1 0'o r i 0 2 N 3 4 �+ 5 .i 6 7 0 I �!� W B I I co'Os 0 I NIA I - I GS�n Ai C`O• _ Bo' �a an' am 70' I I.� 1 7n' an. .. .. ., .. ,. = cn. 7N , EZRA SHELBY SURVEY I- 40' R.O.W. DEDICATIONI U I j ABSTRACT NO. 839 VZ' IRF OABSTRACT NO..33Y S89° 54'07"W 1102.89' -----L-2395' ------_ - _-_ ---� 1' 66' 66, - _ ---- ss' - 20,B.L. '-- r 72' ] I = 9 - 8 - 7 i r _ 6 Jl o )N co 62' 62162' ' I E 73' i i� 2 _ - 3 4 o IN I JI O I '� _ ' I , 5 �I 1 !�? � I � 10 82' FOSTER CROSSING ROAD (CR 366) 40' R.O.W. DE S89° 53'19"W 470.231 10 / / / _ 11 12 �� lj 8 PkACtjf 50' R.Q. Vy ))� D�^ 54' _ J 1 �J / 7 _ 60, 1 6 21 20 19 20 18 B.l - ep, / , 17 = 5 16 1514 / � 4 O 7: 8 60, 3 : r 9 I _ 10 N o ICY R Sid)?~� BL OSS�M �V 5p _ / � � _ °' 60' 1L__15,B.L. co ] I 60' __ / 12p co ,dco,J _- _ INSTALL TYP. / �1f h /� 19 20 21 a-► STREET BARRICADE r 1 22 23 24 , r QrN QI/- / 60, 5 , o' 50 50, 18 O f~ 17 16 15 14 0 s21. _ 19 / 18 / I 63' © 17 ' ' m^ I r , 9 10 ' f ► h 63' B L 11 12 7 2, 13 P 6 M S V) 14 15 lot 16 HO)r rr L� ---70, l 120, `Y ST• .63' ---_J r, r w 22- ___- 1 j 1 120, 11> 14 =15 f ' (A 12 13 = , co N 116' 111' 112" IRF 43' 17 = m / / t S89' 53'19"W 212.44' - N '10i 3 N V2" IRF 194' - f ! , ,y0 N O) 4o� cfl O 18 = / r h fm - / , 4 2 (0 r , N ��,�oryop N rsa' _ � 0 1 120' o / , 19 v) TIN h� o. 0) p119, _ LOT SPBLOCK 0 R E 0.086 OPENSE I V2" IRF S890 34'43"W 347.78' V2' IRF 20, B.L. - oL� 26 N 0 68, O 0 N O ©INSTALL TYP. STREET BARRICADE V2" IRF JAMES HAGER 15.4710 ACRE TRACT VOL. 814, PG. 177 0 50 100 200 SCALE: 1" = 100' 40� M PROJECT LOCATION h 3 z y CAROL BURL FOSTER CROSSING RD. KEVIN KENNEDY 54.256 ACRE TRACT CLERKS FILE NO.94-0026232 LOCATION MAP N.T.S. NOTES: B.L. - Building Line W.E. - Water Easement S.S.E. - Sanitary Sewer Easement U.E. - Utility Easement IRF -Iron Rod Found IRS - Iron Rod Set 4 - Street Name Change ®®- Phase Line / Matchline 11111111 - Zoning Line All common areas shall be maintained by HOA. -' TOTAL SINGLE FAMILY LOTS 473 TOTAL ACRES 144.206 �r LOT 27 BLOCK H - 0.054 AC. OPEN SPACE/WATER EASEMENT O.W. DEDICATION IRF PRELIMINARY PLAT OF PECAN GROVE PHASES II -IV OUT OF THE JAMES SLATER SURVEY ABSTRACT N0.868 R.C. INGRAHAM SURVEY, ABSTACT N0.464 IN THE CITY OF ANNA COLLIN COUNTY, TEXAS OWNER/APPLICANT FOSTER CROSSING, LTD. 8214 WESTCHESTER DRIVE, SUITE 710 DALLAS,TEXAS 75225 214-522-4945 PREPARED BY CORWIN ENGINEERING, INC. TBPE FIRM *5951 TBPLS FIRM 010031700 200 W. BELMONT, SUITE E ALLEN, TEXAS 75013 972-396-1200 JUNE 2016 SCALE: 1"=100' SHEET 2 OF 4 ary -nlat.tlan 711 PRELIMINARY PLAT OF PECAN GROVE PHASES II -IV OUT OF THE JAMES SLATER SURVEY ABSTRACT NO.868 R.C. INGRAHAM SURVEY, ABSTACT NO.464 IN THE CITY OF ANNA COLLIN COUNTY, TEXAS OWNER/APPLICANT FOSTER CROSSING, LTD. 8214 WESTCHESTER DRIVE, SUITE 710 DALLAS, TEXAS 75225 214-522-4945 PREPARED BY CORWIN ENGINEERING, INC. TBPE FIRM *5951 " TBPLS FIRM *10031700 200 W. BELMONT, SUITE E ALLEN, TEXAS 75013 972-396-1200 JUNE 2016 SCALE: 1"=100' SHEET 3 OF 4 , , i i , I , i 1 I 1 I , -J 80 1 ' I '---------------% I I 79 i I I 78 1 F--------------J I 77 I ' I ------------- 1 , I 76 I I , I I , i 75 i 1 , ' I "X" CUT FND. 74 i'/2' IRF -------------- 73 zp I I 00 Uj I I 72 N j L1J j-------------- Lij I J I 71 I LLII I------------ I -1 I 70 0 , 1 U) o LLJ I------- _..I -----� I 69 Z 54- IRF "X" CUT FND. 68 i I ; 1 67M c0 NOD r -- i------------ I �I j I Lo 66- ¢„lc" Ln No II--------------- Po P CAN GgOVE N 65 PHASE; I Z VC L. Q, Pd_55a----___--o� I 64 I I, , j 63 I r I I , I / , J j I I I , , i I I I NOTES: B.L. - Building Line W.E. - Water Easement S.S.E. - Sanitary Sewer Easement U.E. - Utility Easement IRF - Iron Rod Found IRS - Iron Rod Set V - Street Name Change Phase Line / Matchline Zoning Line All common areas shall be maintained by HOA. PAULA POWELL 15 ACRE TRACT VOL. 4162, PG. 2694 N880 46'36"E 395.651 LOT 18LOCK V OPEN SPACE 1.617 AC. /2' IRF S880 26'38"W 581.00' JOHNNIE LUSCOMBE, TRUSTEE OF THE LUSCOME FAMILY DOC. NO. 20110527000548820 AT/pN W C7 41 G� /N ��Q1'GG• .p W Rf / II; / PAULA POWELL 23.5 ACRE TRACT VOL. 4162, PG. 2694 IRF RE 80, FUTU -.._ .... R.O.W. - � S81026'SB,re 858.,398 R-0'W DEDICATION _ 192' 0 50 100 200 SCALE: 1" = 100' % BRITTON WALDRON uru a LOT 17 BLOCK W 9.920 ACRE TRACT rzp'R•o.w OPEN SPACE/ \ \ `� ��'� DOC. NO?200 122 001790430 DRAINAGE AREA r 4.751 AC. \ jS 80, ATipN o 74, „ „ 80, 99' \ %2" I 1 74' 80, " TROY REED 5 ACRE TRACT 2 \ \ �C�� 1 k-T DOC. N0520091020 01284830 O WILLIAM MARSH \\'o �s� 2. - 3 - a 0 9 10 11 12 \ \ 3If VOL.57 ACRES 00, PG. 816 i i i I tLUtKCstrcl� i _ul�_-------------_-_------------- I --1 L-973' - ------ 1 90, oil -- - - - - - - - - - - - - - - - - - - - - - - - - - 2o'B.L. 71' 20, S.L.( I 0 75' 601. 60' 50' 59 iW m 13 0 I• 14 0 15 0 16 a 80, 60 60' 77' IRF 1 �860 O 11 FUTURE 17.611 SO- R.O.W. j40, R.O.W. IRF _ DEDICATION - 20, W.E. 10 TAMARIND STSo' R.O.W.) o ----L-324'------------I� _ I- IRF S86051'5; LOT 1BLOCK O - 20'OPEN SPACE/W.E. N _ 110' yob_-~----_-------_--- = LOT 1 BLOCK Q 18 OPEN SPACE/DRAINAGE AREA b FI-5 7.550 AC. y 120'l N1716 (50' R.O.W.) - 2o'e.l. 15 - 16 17 = 18 61- ��--------MOMBIN_ST_----___--j D _ s9' - 50 7 �, 8 = 9 _ 10 11 = 12 - 13 14 m - L-320' - so r- - 1 _ _ , S r l D I 75' 60' 60' 75' I m -120' rq I- IL` --_ O �I D - - _ „ 81, go, ' �i I- --- ---------------1 (� o i = 2 o :` '� 1 j 61' R'35S$, _. 137' .%2" IRF m I I I o I _ 13 - 2 S88° 28'07"W 996.70' I _ ! !n; 1' ' St' IRF I ^_' I o 8 9 - 10 = 11 o I o �' 1 C -120'B- r 120, 1 ale' 27 _ I 0 3 12 ^ 1� 26 25 60, 60, 62N 0 1Z S 5p,7 12 610. 0- ® 4' 675' 01 w4N 5 8 _ 9 10 �I 5 11 I N �I 'm N v i I 6 13 I I 1-- _ 20,B.�. ----- ; -- ---- 20's.!_ ---- I 1 - 1 _ 2 3 1 I 7 - 60, 60' 145' ; 60' -11 1, 6 - - - -- _ 1 1 , 4 WILLIAM GANT I I 79, I 2o`e DOC. No. 20091120001412550 I I = PEACH TREE _DR•--_-___-_-_�________ ___ 1 60 I I 5 - L--_ ------ (50' R.O.W.)-------_ 1 - 14 I R•800' -_ R-3265' --- ___ 1 p 54' 521- i� _ 61' 83' 61 S3, 61' _ 61_ _ -- - �• ----r------------ - - 61, - 73,- I `-► _` Crl = I - V � -1 I 00 i I 4 15 I I - N v _ 13 - r3 I'--- _ 18 -wo 17 0 16 0 44yw Q O 12 11 10 J1 - IO - B.L. ` - 65_- sc 40 c� 0 9 r - I I „ i iW �Qrv2Z�qM I to 026 - 2 I 3 L 16 I I v o O�ap r u� 24 0 ► I" 23 I I I 60• 60, JAMES SLATER SURV Y 61' 61, 61, 60' 69' ' N -- /2' IRF I ' " " - 62' - _ ABSTRkwl NO.868 - - 61' 1 _ N88° 2811411E 465.63' I N - = I Q, o I ABS TfiACT No. 46 I 64' gpT 67' - 70' 1 q 2 0 17 rn I - ,o = 3 N 0 4 5 6 = - �I ' I nrA 1 f 2 No o N 7 8 _ K I 135' 135' �_ 2 3 - 4 J 5 vl 6 in 7 W.� I I 18 I °' I L 20'B.L_ --- ----- -- --- --_-- _ 20 B_L_ ----_ I I F' 2 4 A - 1 "_' I so' 120' so' - - ' 3 CO I - 20_B_L.- ----- ----- --- ----- -----1 1 L_-10'B.L__-- 1 I = -----`-------------------------- I 61' _ _ p 64' 70' 135' _ i _ T R•2975' -----_ 1 61 1 I 64' CHERRY _BLOSSOM LBVLD__ __-_-------_-- - - ' I L•2363 ^ -�--__ _ 61' - 515j5p 112' s2' o ---------'----------- (50' R.O.W.) R-2025' „ 60' 62-- 62' = - 62'-_ I ---- 20.B.1.- --- (S I 20 B.L.= 0 ) B.L. --1 I - s�' - - so ---------- ----- --- ---- --- _ _ 16 I 22 21 _62,s20B.L. 17 _ _ I N 20 19 - _ � , N 1 I 19 18 = r-, I 18 20 = - I O 17 16 , 9 I I :l0 28 aD 27 0 26 - 25 = 24 23 - 22 21 = I I 15 NI I I W J„ = 2- 00. 684' , O 1 0 41'S9' 62'14 ' O -1 �- 18 WI o I I 64` so' 60' 60' 60' 62' „ " 62' 60' 62' ' 62' _ , O' LOT 1 BLOCK 1 Q rl I _ 14 �� o DRAINAGE SPACE/ R 2 so' ` I PHA E 11 10 - 11 Q. 12 = 13 0.702 AC. 3 4 5 - 6 �sc 17 j qI 0 1 - 2 3 4= 5 6 7 8 9 __ _ 2o'B.L, I ---- -- ?o_B.�. 7 - 8 L'J ' OI _ _�- - = 60' - _ I _ „ 64' I 121' 60, - g ' I 1-- 20'B.L. ---- ---- _---- 60' = 1 -_ lO 16 I I 651 - - 60 - -fi0� - - 60- - - - 60 - - - 62� - ., 1 _ - - a•2685'-__ p-__ ' 1 ---- - 63' - 63' 73' I 73' - - - 66' „ „ (J� 0' /� /�60'' ' �-----------------------(50' R.O.W.)---------- ft,2315' - 60 63 - - -1 1- 20'B.L. --- -_ _ - I' R.0.1�/.) "` - O'a IJ'�►i 15 i 70' 60' 60, ,. 1, „ 11 " -- --- 1 N I1I - _ 66 ---- -- N 32 31 30 62' --- ---- ---- -- 1582o'e.t. 18 17 16 o m 29 28 27 63' 19 I 21 20 I I 25 14 I I NI 28 27 26 - 25 24 23 22 I4 24 1 O W _ 64' 1 < 23 _, I iTi I'- 60' 60, 68' 3 D i 68' 62, „ i a: 67 62 621 60' = r IED I 1 75' 60' 60, 76' ----- I 20'B.L7 ---- ------1 1 2 - 3 _I 4 C2 10 m �1- I I 75' 60' 60' 75' I O I WI 8 I� 7 6 5 r� 75' 60' 60' 75' \Preliminary ■ Q! LEGAL DESCRIPTION BEING, a tract of land situated in the R.C. Ingraham Survey, Abstract No. 464 and the James Slater Survey, Abstract No. 868, in the City of Anna, Collin County, Texas, being part of a 30.013 acre tract, as described in Doc. No. 20070413000501940 in the Deed Records of Collin County, Texas, and a 32.00 acre tract, as described in Vol. 5404, Pg. 22 in said Deed Records and a 154.31 acre tract, as described in Clerks File No. 20091120001412560, in said Deed Records and being more particularly described as follows: BEGINNING, at a 1/2 inch iron rod at the southeast corner of a 1.00 acre tract, as described in Clerks File No. 94-0112706 in said Deed Records and being the southwest corner of said 30.013 acre some being in approximate centerline of County Road 366; THENCE, North 01° 18'43" West, with the west line of said 30.013 acre tract, for a distance of 1207.91 feet, to 1/2 inch iron rod found at the most westerly northwest corner of said 30.013 acre tract and being in the south line of a 10.00 acre tract, as described in Doc. No. 20091120001412550, in said Deed Records; THENCE, North 880 2814" East, along the north line of said 30.013 acre tract and the south line of said 10.00 acre tract, for a distance of 465.63 feet, to a 1/2 inch iron rod found at an interior ell corner of said 30.013 acre tract and being the southeast corner of said 10.00 acre tract; THENCE, North 00° 13'20" West, along the west line of said 30.013 acre tract and the east line of said 10.00 acre tract, for a distance of 412.38 feet, to a %2 inch iron found at the northeast corner of said 10.00 acre tract; THENCE, South 88° 28'07" West, departing said west line and along the north line of said 10.00 acre tract, for a distance of 996.70 feet, to a 1/2 inch iron rod found at the northwest corner of said 10.00 acre tract; THENCE, South 180 42'56" West, along the west line of said 10.00 acre tract, for a distance of 439.72 feet, to a 1/2 inch iron rod found at the southwest corner of said 10.00 acre tract; THENCE, South 88° 26'38" West, for a distance of 581.00 feet, to a % inch iron rod found in the east line of Pecan Grove Phase I, an addition to the City of Anna, as described in Vol. Q, Pg. 555, in the Plat Records of Collin County, Texas; THENCE, North 00° 01'56" East, along the east line of said Pecan Grove Phase 1, for a distance of 235.86 feet, to a %2 inch iron rod found, wirh a yellow cap stamped "Corwin Eng. Inc.", at the southwest corner of a 15 acre tract, as described in Vol. 4162, Pg. 2694, in said Deed Records; THENCE, North 88* 46'36" East, departing said east line and along the south line of said 15 acre tract, for a distance of 395.65 feet, to a 1/2 inch iron rod found with a yellow cap stamped "Corwin Eng. Inc.", at the southeast corner of said 15 acre tract; THENCE, North 15° 42'13" East, along the east line of said 15 acre tract, for a total distance of 1263.76 feet, to a % inch iron rod found at the southwest corner of a 23.5 acre tract, as described in Vol. 4162, Pg. 2694, in said Deed Records; THENCE, South 81° 26'58" East, departing the east line of said 15 acre tract and along the south line of said 23.5 acre tract, for a distance of 858.39 feet, to a 1/2 inch iron rod found; THENCE, South 51° 33'18" East, continuing along said south line, for a distance of 315.46 feet, to a 1/2 inch iron rod found at the southeast corner of said 23.5 acre tract same being the southwest corner of a 9.920 acre tract, as described in Doc. No. 20061220001790430, in said Deed Records; THENCE, South 510 25'13" East, along the south line of said 9.920 acre tract, for a distance of 277.54 feet, to a 1/2 inch iron rod found; THENCE, South 86' 09'33" East, continuing along said south line, at 504.03 feet, passing the southeast corner of said 9.920 acre tract and being the southwest corner of a 1.555 acre tract, as described in Doc. No. 2009102001284830, in said Deed Records, and continuing for a total distance of 517.61 feet, to a % iron rod found; THENCE, South 89° 38'09" East, along the south line of said 1.555 acre tract, for a distance of 199.84 feet, to a % inch iron rod found, at the southeast corner of said 1.555 acre tract and the southwest corner of a 2.984 acre tract, as described in Vol. 5700, Pg. 816 in said Deed Records; THENCE, South 86° 51'53" East, along the south line of said 2.984 acre tract, for a distance of 445.87 feet, to a 1/2 inch iron rod found; THENCE, North 00° 54'19" West, along the east line of said 2.984 acre tract, for a distance of 791.35 feet, to a %2 inch iron rod found; THENCE, North 88° 52'49" East, for a distance of 571.36 feet, to a 1/2 inch iron rod found; THENCE, South 07° 45'15" East, for a distance of 420.61 feet, to a %2 inch iron rod found; THENCE, South 05° 01,29" West, for a distance of 669.61 feet, to a 1/2 inch iron rod found; THENCE, South 10 56 12 West, for a distance of 1822.88 feet, to a /2 inch iron rod found in the north line of said County Road 366; THENCE, South 89° 34'43" West, along the north line of said County Road 366, for a distance of 347.78 feet, to a %2 inch iron rod found; THENCE, North 00° 43'19" East, departing said north line, for a distance of 216.66 feet, to a %2 inch iron rod found; THENCE, South 89° 53'19" West, for a distance of 212.44 feet, to a %2 inch iron rod found; THENCE, South 020 46'19" West, for a distance of 216.91 feet, to a %2 inch iron rod found in the north line of said County Road 366; THENCE, South 89° 53'19" West, along said north line, for a distance of 470.23 feet, to a %2 inch iron rod found; THENCE, South 89° 54'07" West, continuing along said north line, for a distance of 1102.89 feet, to the POINT OF BEGINNING and containing 144.206 acres of land. SURVEYOR'S CERTIFICATE KNOW ALL MEN BY THESE PRESENTS that I, WARREN L. CORWIN, do hereby certify that I prepared this Plat and the field notes from an actual and accurate survey of the land, that the corner monuments shown thereon were properly placed under my personal supervision in accordance with the subdivision Regulations of the City of Anna, Texas. WARREN L. CORWIN R.P.L.S. No. 4621 CHRISTOPHER FOSTER VOL. 5470, PG. 1674 %2' IRF 130' 12 �' 11 10 9 N88° 52'4911E 57' I , , I� oIW 1 0 2 0 I NAOMICOPELAND PARCHMAN 17.260 ACRE TRACT VOL. 2070, PG. 177 571.361 87' 94' O 3 a 4 Q 5 I g0' 57' '------------- _ i I 6 0 - O 7 I iU) I �y 1 co I r-1= I 6 A). LOT 3 BLOCK X I - I NI© OPEN SPACE/DRAINAGE AREA ' �/2' IRF M V3 V1 !12" IRF JAMES HAGER 12.702 ACRE TRACT VOL. 754, PG. 172 0 50 100 200 SCALE 1" - 100' P. 3.067 AC. i r to I ! 5 0 o, LOT 7 BLOCK Y i OPEN SPACE/DRAINAGE 00543 AC. AREA 'I PHASE IV 1 TROY REED i v 1.555 ACRE TRACT �, OC. NO. 200910 00001284830 v r D A WILLIAM LEWIS"+ ` 3 2.984 ACRES NOTES VOL. 5700, PG. 816 0 0, " I I / %'o A '00 8 co ''^ N, 1 126' /ry B.L. - Building Line 2 ml -t o �o o 121' O 0' W.E. - Water Easement CD 2 S.S.E. - Sanitary Sewer Easement I� X 4 i ! 121' U.E. - Utilit Easement 130' 1 I 1 I 122' 116,19 IRF -Iron od Found o JI ( I IRS - Iron Rod Set I 1 5 0l j o ,z, ( 4- Street Name Change C10 LOT 13138LK Z I 1 118' 116' N' I ! 120' ®ate — _-- S89° 38'09"E 199.84 80' R.O.W. o , 20' OPEN SPACE I LOT 6 8LK X - 20' OPEN SPACE I LOT 1, 811(y I'� - Phase Line / Matchline IRF a/B' IRF — — 86 5153"E 445.87' �Z' IRF I IZoning Line DEDICATION ' FINLEY BOULEVARD I 0 DEDICATION — - 1 _ _ g — - — L7- t' ° -59 All common areas shall be maintainedo-------_—_— _ LO JAMES HAGER by HOA. '. 58' LOT 1 BLOCK 0 - 15.4710 ACRE TRACT - ,09' fi0, 20' OPEN SPACE/W.E. i 62' INSTALL TYP. VOL. 814, PG. 177 ' I LO 21 BLK O STREET BARRICADE - " 1 20'OPEN SPACE s2' 68' 20 "' 21 N 22 Q I 116' a 23 - 24 25 2 O i ,� i 20 - - _ ?o' B.L. 27 - 28 30 31 cw 3261 ml I I 19 44' y — —' �13. 48' 62' 114' f — - — - — ---- 20,8.L._ ----I ro r 19 (5 ' ,. 62, 4 i o 110 �oR1—_-------___--------__ CASH _W_ ST._—° R.O.W.) 6 1, 18 --------- --- — - — - — - — - — - _ r a j 4' r N r 428' — "_ -- 18 r; () J c h- �J _ ,20' ! I LOT 20 BLOCK R _ 6 - — - — - _ _ " —60 so' i 118, .` 17 o r OPEN SPACE - ----- —_—, y2' IRF r I 1 sr 52, 0.724 AC. 20' a—.L. i = LOT 1 BLOCK Q , r 52, 0 19 01 ! 17 t., OPEN SPACE/DRAINAGE AREA ! 52' 4341 0 18 � ! 7.550 AC. �;16 i o ® sr 17 N 16 4 / ' 120' O M �, - , 2 so R 15 O! J 16 0 I 3 , h " 4 " 15 r r ss'— 20, 0 B'�' S 6 7 " 51, 60' s1 15 PRELIMINARY PLAT : , r 50, 08 . 9 12 14 S. 60' ' !! OF o - - '° „ PECAN GROVE �; � ! 13 �! 13 -1 mr ' _ " PHASES 11-1V 20'e.i. - 51' So,-��9 __ i.N, l50' R 20 a.l_ ; 13 120' ' ' �r N 1- -- _ — O•W.) 51, 52 —! OUT OF THE n 12 .Q 1 25 _ ! = !m JAMES SLATER SURVEY ABSTRACT N0. 868 ortun) g,l� I 24 23 __-_ r 'N 12 6 "� 'S9 0 22 2, R.C. INGRAHAM SURVEY, ABSTACT N0. 464 S0' 20 S°' KEVIN KENNEDY IN THE ss' S¢ 19 = 18 _ 2p-Iec — /N ! 11 _ 1 54.256 ACRE TRACT N - CITY OF ANNA - 8 9 10 11 Ir N �!r rm s5' " 54 17 16 15 ! ! o ! r CLERKS FILE NO. 94-0026232 2 PH SE - 14�!^ - ! ,o COLLIN COUNTY, TEXAS ! : 3 4 OWNER/APPLICANT ^,! _ r ~ 20' _ 54 , o - ' FOSTER CROSSING, LTD. B.L. 6 5°, — - — - — - 60 7 60, ! ! ! 9 --- -'- R-3265 '-------_ r s4' — _-_ _ 8 1 8214 WESTCHESTER DRIVE, SUITE 710 52, _ � — -- -�- __ 53' _ _ 9 - 11 © �) i DALLAS, TEXAS 75225 s'' 73' j 54 — 10 - 12 .J 8 214 522 4945 65' " �! ! PREPARED BY 65, - _ _ 13 ;o, ► , r---- 6S, 147,-- _ N 12 - t1 10 _ r rr '11 e'e.i - - _ so' PEACH TR E - 2a BL Q r - 9 - - r 26 _D,o_�o w.� 54,' 6—J ; J 7 ; / CORWIN ENGINEERING, INC. ® I im - 2� 24 !Z ! 1 TBPE FIRM #5951 so' i� n; - z3 6 TBPLS FIRM #10031700 200 W. 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O �-+ q � Y W Z n t a Q'. k V7 = j �� LL C7 W F p u u, `'' �' z � mina w z6< p � o �_ a `< N W � -� � a Z J W Qr Z � r2 A U u W i I/7 W < '''�JI II � U U �I I I t~!7 I_ I9 c J�pfn �S�SWvjWO �w��npa �- r m '" � Z�ZC �r.'�� �o—wp3��� W W W U p070WmG O W�ZZ� cnwa—�" 5 =W �WO�JH r�a���=U �O O w O Z o w w� H O � Z W W N N Q 's N � W N = w H J O j N J W J Za„ � N (, `.' � Z C7 �- W f/) V C J O � � y W W W IV C � O) o r f- = n cn � w , , I IMPACT FEE CREDIT APPLICATION 1. Legal corporate or business name of the 3 e5 ETC 004)0.11 ' p ntA4147�, 47S 2. Name and title of the person with authority to execute the Imact Fee Credit p Agreement on behalf of the Developer/Owner: v✓ 3. Name of Development: �F ,����% _ rnpSAtr J— „ Attach as "Exhibit A" a legal description of the property or new development for which the impact fee credit would be applicable. AW PY10r /Ml v4PY P141� lag PWe3 Il _ ]Z" or PE64.,i cevw- Imo - Capital Improvement facilities for which Impact fee credits are claimed: Attach as "Exhibit 8"schematic design or construction plans of the Capital Improvement facilities for which impact fee credits are claimed. 5. Estimated Construction Cost, with respect to the engineering, design, and construction of the of the Capital Improvement facilities for which impact fee credits are claimed. 0M?/,5-/ 2/� Attach as 'Exhibit C" an opinion of probable cost prepared by a Texas Professional Engineer of the Capital Improvement faclities that will be constructed and for which impact fee credits are claimed. City inspection fees, and contingency estimates shall NOT be included in the opinion of probable cost. µpcf„ i 6itovt M Sr Tj.. cox., 5 'Team /sh,,-Y ' poi," A;o pemJ 4 7x45 7L6 �, �j3Cry--! rP-d Signature of Acant Ir ,}bhy �ut7 ��2Pc7or+— G � Date �rrr7� C,eots/.v5`r 13f: rL)/C L&��J 4P (� j t •y w 8�2 /1'TC ,✓e . 4/Sr1,eP 8f= i¢Tc mob. 9�S'i4zD rvr.,.rEacyt C,P C'o✓por�{.�+y s T�r� ��„do,�,7s An�..z/ APik it �,vr zco Ic IMPACT FEE CREDIT APPLICATION v/� Item No. 8. City Council Agenda Staff Report Meeting Date: 11 /28/2017 AGENDA ITEM: Consider/Discuss/Act on a Resolution awarding a bid for the Foster Crossing Water Line Project. (Joseph Johnson) SUMMARY: The City Council previously granted authorization to bid the Foster Crossing Water Line Project. The project includes approximately 6,700 linear feet of 12" water line to be installed along Foster Crossing generally between SH 5 and Pecan Grove. The project is identified as a necessary project in our 10-year Capital Improvement Plan, will complete a critical water loop in our distribution system, and allows for activation of the Collin Pump Station. On October 12, 2017 at 3:00 PM, sealed bids were publicly opened and read for the Foster Crossing Water Line Project. Six bids were received. Our engineering consultant (Birkhoff, Hendricks & Carter) has reviewed the bids received, checked references, bidder's qualifications, and the contractor's ability to perform and has identified Dickerson Construction Co., Inc. as the lowest responsible bidder for the purposes of this project. Subsequently, our consulting engineer has recommended that the City accept the bid from Dickerson Construction and award them a contract in the amount of $650,202.00. Funds are available for this project in the 2012 Certificates of Obligation fund balance. STAFF RECOMMENDATION: Staff recommends approval of the Resolution authorizing the City Manager to execute a contract with Dickerson Construction Co., Inc. for the Foster Crossing Water Line Project. ATTACHMENTS: Description Resolution Awarding Bid and Approving Contract BHC Bid Award Recommendation Letter Exhibit 1 -Contract Agreement Official Tabulation of Bids Upload Date Type 11/21/2017 Resolution 11/21/2017 Exhibit 11/21/2017 Exhibit 11/21/2017 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS AWARDING A BID AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH DICKERSON CONSTRUCTION CO, INC. OF CELINA, TEXAS FOR THE FOSTER CROSSING WATER LINE PROJECT. WHEREAS, the Foster Crossing Water Line Project (the "Project") is necessary in order to activate the Collin Pump Station and provide for adequate looping and redundancy in the water system; and, WHEREAS, the City Council of the City of Anna, Texas (the City Council) has previously authorized the City Manager to solicit competitive bids for the Project; and, WHEREAS, the City of Anna, having solicited competitive bids in accordance with State law, opened said bids on October 12, 2017 at 3:00 P.M.; and, WHEREAS, the City's consulting engineer, Birkhoff, Hendricks, and Carter, LLC, having thoroughly reviewed said bids and bidder's qualifications, has identified Dickerson Construction as the lowest responsible bidder for the purposes of this project; and, WHEREAS, Dickerson Construction of Celina, Texas submitted the second low base bid having submitted a bid of $650,202.00; and, WHEREAS, Dickerson Construction submitted a bid of $31,000.00 for additive alternate Item 1 A; and, WHEREAS, the City of Anna's consulting engineer, having thoroughly reviewed said bids and bidder's qualifications, has recommended award of the contract to Dickerson Construction in the amount of $650,202.00; and, WHEREAS, there are funds available for the Project in the 2012 Certificate of Obligation fund balance, said funds being assigned for this purpose; and, WHEREAS, the City Council desires to authorize the City Manager to award the Project bid to and execute a contract with Dickerson Construction, for construction of the Project; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization of Contract Award. RESOLUTION NO. PAGE 1 OF 2 FOSTER CROSSING WATER LINE BID AWARD Based on the recommendation of the City's consulting engineer, The City Council finds that Dickerson Construction is the lowest responsible bidder for the purposes of this project; and hereby authorizes the City Manager to execute the Contract Agreement, attached hereto as Exhibit 1, with Dickerson Construction for the Project. The City Council hereby authorizes, ratifies and approves the City Manager's execution of the same subject to final legal review and approval by the City Attorney. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the Contract Agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 28t" day of November 2017. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike RESOLUTION NO. FOSTER CROSSING WATER LINE BID AWARD PAGE 2OF2 RESOLUTION NO. PAGE 3 OF 2 FOSTER CROSSING WATER LINE BID AWARD BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS 11910 Greenville Ave., Suite 600 JOHN W. BIRKHOFF, P.E. GARY C. HENDRICKS, P.E. JOE R. CARTER, P.E. MATT HICKEY, P.E. ANDREW MATA, JR., P.E. JOSEPH T. GRAJEWSKJ, ITI, P.E. DEREK B. CHANEY, P.E. CRAIG M. KERKHOFF, P.E. Mr. Joseph Johnson Director of Public Works City of Anna P.O. Box 776 Anna, Texas 75409 Dallas, Texas 75243 Fax (214) 461-8390 Phone (214) 361-7900 Re: W. Foster Crossing Water Line — Bid Award Recommendation Dear Mr. Johnson: November 17, 2017 As we discussed, this letter replaces the previously published letter in order to clarify our recommendation. We have checked the bids received at 3:00 p.m., Thursday, October 12, 2017, for the W. Foster Crossing Water Line project. We are enclosing the Bid Summary and Itemized Bid Tabulation. BRCT, LLC dba Blackrock Construction of Mansfield, Texas submitted the low bid in the amount of $632,591.50. We have reviewed the references provided by BRCT, LLC. Of the six reference projects received from BRCT, LLC only 3 projects were for a municipality and were all for the City of Waco. City of Waco staff indicated that the contractor had multiple crews on the project making communication difficult and causing delays with difficulty getting the contractor on -site. City of Waco staff also indicated issues with testing and inspections of the utilities installed. The remaining references provided were private developments, water supply corporations or an airport. Due to the limited municipal experience the contractor has demonstrated in his submittals, along with difficulties expressed by the single municipal reference provided, it is our opinion that BRCT, LLC dba Blackrock Construction is not considered a responsible bidder for this project. Dickerson Construction Co, Inc. of Celina, Texas submitted the second low bid in the amount of $650,202.00. Dickerson Construction meets the qualification requirements of the bid documents, has a satisfactory record of completing similar projects throughout North Texas and has adequate equipment and financial resources to properly pursue this project. Accordingly, based on the information we have available to us, we recommend that the City accept the bid from Dickerson Construction and award them a contract in the amount of $650,202.00. We are available to discuss our recommendation further at your convenience. Sincerely, Craig M. Kerkhoff, P.E., C RM. Enclosures cc: Mr. Philip Sanders TBPE Firm 526 ACEC Wellness Firm ­* Better Decisions -Better Designs TBPLS Firm 100318-00 j:\clerica1\anna\2015-104 w foster crossing road wNetters\k\bid award recommendation revised.docx QUALIFICATION STATEMENT OF BIDDERS SUBMITTED TO: City of Anna Reviewed by: Date Received CONTRACTOR: CIRCLE ONE: ❑ Sole Proprietor ❑ Partnership ❑ Corporation NAME: ADDRESS: CITY: PHONE. PRINCIPAL PLACE OF BUSINESS: COUNTY STATE ❑ Joint Venture PARTNER: ADDRESS: CITY: PHONE: PRINCIPAL PLACE OF BUSINESS: COUNTY IF THE CONTRACTOR IS A CORPORATION, FILL OUT THE FOLLOWING: STATE OF INCORPORATION: LOCATION OF PRINCIPAL OFFICE: CONTACT PERSONS AT OFFICE: PERSON EXECUTING CONTRACTS ON BEHALF OF CORPORATION: NAME: ADDRESS: TITLE: PHONE: CITY STATE NAMES OF OFFICERS: (IF APPLICABLE) LIST NUMBER OF EMPLOYEES WORKING FOR CONTRACTOR: STATE LIST ALL EQUIPMENT TO BE USED ON THIS PROJECT: (PLEASE USE ATTACHMENT) NUMBER OF YEARS IN BUSINESS AS A GENERAL CONTRACTOR ON PROJECTS SIMILAR TO THIS PROJECT: TYPE(S) OF WORK DONE: (CIRCLE) ❑ Asphalt Paving ❑ Storm Sewer ❑ Concrete Paving ❑ Earth Work ❑ Misc. Concrete ❑ Bridge Work ❑ Channel Lining ❑ Demolition ❑ Pump Stations ❑ Landscaping ZIP F] Water & Sanitary Sewer Lines ❑ Steel Erection ❑ Painting ❑ Fog Seal ❑ Chip Seal jAclerical\annaM15-104 w foster crossing road wl\specs\contract\05-qualification statement,doc - 9 - Qualification Statement Concrete Structures: Inlets, Box Culverts, Junction Boxes Other: COMMENTS: LIST RECENTLY COMPLETED PROJECTS OF THE TYPE OF WORK QUALIFYING FOR OR SIMILAR WORK, PLUS THE FOLLOWING INFORMATION FOR EACH PROJECT: PROJECT: OWNER/ENGINEER: YEAR BUILT: CONTACT PERSON: PROJECT: OWNER/ENGINEER: YEAR BUILT: CONTACT PERSON. - PROJECT: OWNER/ENGINEER: YEAR BUILT: CONTACT PERSON: PROJECT: OWNER/ENGINEER: YEAR BUILT: CONTACT PERSON: (USE ATTACHMENTS IF NECESSARY) CONTRACT PRICE: PHONE: CONTRACT PRICE: PHONE: CONTRACT PRICE: PHONE: CONTRACT PRICE: PHONE: LIST INCOMPLETE PROJECTS, PLUS THE FOLLOWING INFORMATION FOR EACH PROJECT LISTED: PROJECT: OWNER/ENGINEER: PERCENT COMPLETE: CONTACT PERSON: PROJECT: OWNER/ENGINEER: PERCENT COMPLETE: CONTACT PERSON: CONTRACT PRICE: PHONE: CONTRACT PRICE PHONE: j:\clerical\anna\2015-104 w foster crossing road wl\specs\contract\05-qualification statement doc - 1 0 - Qualification Statement PROJECT: OWNER/ENGINEER: PERCENT COMPLETE: CONTRACT PRICE. - CONTACT PERSON: PHONE: PROJECT: 161TWTI►1:4: 00lei 1►1A:fti PERCENT COMPLETE: CONTRACT PRICE: CONTACT PERSON: PHONE: (USE ATTACHMENTS IF NECESSAR'q IF COMPANY IS UNDER NEW MANAGEMENT, PLEASE LIST NAMES OF STAFF AND QUALIFICATION AND/OR EXPERIENCE OF SAID PERSONS. (PLEASE USE ATTACHMENT.) HAVE YOU OR ANY PRESENT PARTNER(S) OR OFFICER(S) FAILED TO COMPLETE A CONTRACT? IF SO, NAMF OF OWNER AND/OR SURETY: CONTACT PERSON: PHONE: ARE THERE ANY UNSATISFIED DEMANDS UPON YOU AS TO YOUR ACCOUNTS PAYABLE? IF SO, GIVE NAMES, AMOUNTS, AND EXPLANATIONS: BANK REFERENCE: Bank: Address: City: Contact Person: Phone: MUNICIPALITY REFERENCE: City: Contact Person; Address: OTHER CREDIT REFERENCES. Name: Address: Phone: State: Position: Phone: Name: Address Phone: Zip: jAclerical\anna\2015-104 w foster crossing road wl\specs\contract\05-qualification statement doc - 11 - Qualification Statement In compliance with Invitation to Bid for above mentioned types of projects, the undersigned is submitting the information as required with the understanding that the purpose is only to assist in determining the qualifications for this organization to perform the type and magnitude of work designated, and further, guarantee the truth and accuracy of all statements made, and will accept your determination of qualifications without prejudice. The surety herein named, any other bonding company, bank, sub -contractor, supplier, or any other person(s), firm(s) or corporations with whom I (we) have done business, or who have extended any credit to me (us) are hereby authorized to furnish you with any information you may request concerning performance on previous work and my (our) credit standing with any of them; and I (we) hereby release any and all such parties from any legal responsibility whatsoever on account of having furnished such information to you. Signed: Title: Company: Date: COPY TO LOCAL UNDERWRITING OFFICE OF PROPOSED SURETY Name: Address: Phone: City: State: jAclerical\anna\2015-104 w foster crossing road wl\specs\contract\05-qualification statement doe - 1 2 - Qualification Statement QUALIFICATION STATEMENT OF BIDDER'S SURETY SUBMITTED TO: City of Anna BIDDER: ADDRESS: PHONE: 1. Has this surety furnished contract bonds on contracts now complete? _ Z Has this surety furnished contract bonds on contracts now incomplete? 3. What is the maximum bonding capacity of this Contractor? 4. Is the current financial information on this Contractor satisfactory? 5. Does information obtained indicate accounts are paid when due? If not, give details: 6. Is it your opinion that the bidder has sufficient experience and financial resources to satisfactory perform the contract? 7. Provided this bidder does not assume other commitments or that you do not acquire further information that in your opinion will materially affect the bidder's capacity to perform this contract, will you furnish the bonds as specified? REMARKS: SURETY: SIGNED: TITLE: ADDRESS: CITY: PHONE: (IN DUPLICATE) STATE: ZIP: jAclerical\anna\2015-104 w foster crossing road wl\specs\contract\05-qualification statement doc - 1 3 - Qualification Statement VENDORS COMPLIANCE TO STATE LAW Texas Government Code, Chapter 2252, Subchapter A provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state Contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section 4 must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident Contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. ❑ Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. ❑ Non-resident vendors in (give state), our principal place of business, are not required to underbid resident bidders. B. 0 Our principal place of business or corporate office is in the State of Texas. BIDDER/OFFEROR: �';�lcE2Ja�J Lon(�7f C�. fr By: cIcCt,.>0 Company: (please print) Address: P.o,yo. � L l ` Signature: 4 C�t� !, TK -4sozq City State Zip Phone: CAA), 39r, II t. Title: PIL, E -% (please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION ioOclerical\anna\2015-104 w foster crossing road w1\specs\tech-spec\07-vendors compliance.doc - 1 9 - Vendors Compliance to State Law CONFLICT OF INTEREST QUESTIONNAIRE jAclerical\anna\2015-104 w foster crossing road wl\specs\contract\08-conflict of interest.doc - 20 • Conflict of Interest CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the person meets requirements under Section 176.006(a). 13y law this questionnaire must be filed withthe records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. Name of person who has a business relationship with local governmental entity. /V //7 Checkthis box if you arefiling an updateto a previouslyfiled questionnaire. FORM CIQ OFFICE USE ONLY Date Received (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) Name of local government officer with whom filer has employment or business relationship. Name of Officer This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001 (1 -a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? F7 Yes F-1 No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes ED No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? F7 Yes F� No D Describe each employment or business relationship with the local government officer named in this section. Signature of person doing business with the governmental entity /p-i.1-/ Date Adopted 06/29/2007 Conflict Of ant@CBSt jAclencal\anna\2015-104 w foster crossing road wl\specs\tech-spec\OB-conflict of interest doe - 21 - AFFIDAVIT AGAINST PROHIBITED ACTS I hereby affirm that I am aware of the provisions of Texas Penal Code Section 36.02, 36.08, 36.09 and 36.10 dealing with Bribery and Gifts to Public Servants. I further affirm that I will adhere to such rules and instruct and require all agents, employees, and sub -contractors to do the same. I am further aware that any violation of these rules subjects the Contract Agreement for this project to revocation, my removal from bid lists, prohibiting future contract/subcontract work, revocation of permits, and prosecution. Signature ATTEST (if corp�on) Date io -0 -ifi Date jAclericahanna12015-104 w foster crossing road wl\specs\tech-spec109-affidavit doc - 22 - Affidavit Against Prohibit@d Ants PROPOSAL AND BID FORM j:\clerical\anna\2015-104 w foster crossing road wl\specs\contract\10-p&bs-1.doc - 23 - Proposal and Bid FORA PROPOSAL AND BID FORM Proposal of: Dickerson Construction Company, Inc. (hereinafter called "Bidder"). Address: P.O. Box 181, Celina, Texas 75009 To the Honorable Mayor and City Council City of Anna, Texas (hereinafter called "Owner") Deadline for Submission of Sealed Competitive Bid: Thursday, October 12, 2017 at 3:00 p.m., Date of Sealed Bid Opening: Thursday, October 12, 2017 at 3:00 p.m., Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of: W. FOSTER CROSSING ROAD WATER LINE for the City of Anna, Texas, having carefully examined the plans, specifications, notice to bidders, invitation to bid and all other related contract documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project, including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the prices stated. The Bidder binds himself on acceptance of his proposal to execute the Contract Agreement and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated in Exhibit "A" of this proposal. Bidder hereby agrees to commence the work on the above project within ten (10) days of receipt of written "Notice to Proceed" and to fully complete the project within One Hundred Eighty (180) consecutive calendar days, thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum quoted below for each calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME: The time of completion is of the essence for this project. For each day that any work shall remain uncompleted after the time specified in the proposal and the Contract Agreement, or the increased time granted by the OWNER, or as equitably increased by additional work or materials ordered after the Contract Agreement is signed, the sum per day given in the following schedule, unless otherwise specified in the special provisions, shall be deducted from the monies due the CONTRACTOR: j:\clerical\anna\2015-104 w foster crossing road wl\specs\contract\10-p&bs-1 doc -24- Proposal and Bid Form AMOUNT OF CONTRACT Less than $25,000.00 $25,000.00 to $99,999.99 $100,000.00 to $999,999.99 More than $1,000,000.00 AMOUNT OF LIQUIDATED DAMAGES $100.00 Per Day $500.00 Per Day $500.00 Per Day $500.00 Per Day The sum of money thus deducted for such delay, failure or non -completion is not to be considered as a penalty, but shall be deemed, taken and treated as reasonable liquidated damages, per day that the CONTRACTOR shall be in default after the time stipulated in the Contract Agreement for completing the work. The said amounts are fixed and agreed upon by and between OWNER and CONTRACTOR because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the OWNER in such event would sustain; and said amounts are agreed to be the amounts of damages which the OWNER would sustain and which shall be retained from the monies due, or that may become due, the CONTRACTOR under the Contract Agreement; and if said monies be insufficient to cover the amount owing, then the CONTRACTOR or its surety shall pay any additional amounts due. In the event that the actual damages incurred by the OWNER exceed the amount of liquidated damages, OWNER shall be entitled to recover its actual damages. Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with the Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of sixty (60) calendar days from date of bid opening until the date that the project is awarded by the City Council. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications, and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed, as provided in the contract documents. Enclosed with this proposal is a Cashier's Check or Certified Check for: 5% Greatest Amount Bid Dollars ($5% GAB), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. j:\clerical\anna\2015-104 w foster crossing road wl\specs\contract\10-p&bs-1.doc - 25 - Proposal and Bid Form Bidder understands and agrees that the Contract Agreement to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Invitation to Bid. The Contractor's attention is called to the fact that any estimate of quantities of work to be done and materials to be furnished under the specifications as shown on the Proposal, or elsewhere, is approximate only and not guaranteed. The Owner does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated quantities, nor shall the Contractor plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work or other conditions pertaining thereto. Payment will be made on actual quantities installed at the unit bid price, and no claim will be made for anticipated profits for any decrease in profits. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is further agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary, in the opinion of the Engineer, to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased are to be performed at the unit bid prices. jAclerical\anna\2015-104 w foster crossing road wl\specs\contract\10-p&bs-1 doc - 26 - Proposal and Bid Form CITY OF ANNA, TEXAS W. Foster Crossing Road Water Line BID SCHEDULE BASE BID Item Estimated Price in Extended Quantity Unit Description and Price in Words Figures Amount Furnish & Install 12-Inch Waterline with 6,318 L.F. Embedment by Open Cut $ 55.00 $ 347,490.00 complete in place, the sum of Fifty -Five Dollars and No Cents per Linear Foot Furnish & Install 12-Inch Waterline with 24- Inch Steel Encasement Pipe (1 /4" Thick Wall) 2 280 L.F. by Other Than Open Cut $ 345.00 $ 96,600.00 complete in place, the sum of Three Hundred Forty -Five Dollars and No Cents per Linear Foot Furnish & Install 12-Inch Waterline with 24- Inch Steel Encasement Pipe (3/8" Thick Wall) 3 106 L.F. by Other Than Open Cut $ 355.00 $ 37,630.00 complete in place, the sum of Three Hundred Fifty -Five Dollars and No Cents per Linear Foot Furnish & Install 12-Inch Resilient Seated Gate 4 12 Ea. Valve $ 2,000.00 $ 24,000.00 complete in place, the sum of Two Thousand Dollars and No Cents per Each 5 17 Ea. Furnish & Install Fire Hydrant Assembly $ 3,500.00 $ 59,500.00 complete in place, the sum of Three Thousand Five Hundred Dollars and No Cents per Each J:\CLERICAL\Anna\2015-104 W Foster Crossing Road WL\Specs\Contract\l I-P&BS-2 xlsx - 27a - Proposal and Bid Form BASE BID Item Estimated Price in Extended No. Quantity Unit Description and Price in Words Figures Amount Furnish & Install 2-Inch Combination Air 6 3 Ea. Release Valve with 4-Foot Dia. Manhole $ 4,600.00 $ 13,800.00 complete in place, the sum of Four Thousand Six Hundred Dollars and No Cents per Each Connect to 12-Inch Waterline, including 7 1 Ea. Dewatering $ 1,000.00 $ 1,000.00 complete in place, the sum of One Thousand Dollars and No Cents per Each Furnish & Install 24" x 12" Tapping Sleeve and 8 1 Ea. Valve $ 13,000.00 $ 13,000.00 complete in place, the sum of Thirteen Thousand Dollars and No Cents 2er Each 9 1 Ea. Furnish & Install Water Line Low Point Marker $ 1.00 $ 1.00 complete in place, the sum of One Dollars and No Cents per Each Furnish, Install, Maintain & Remove Trench 10 6,318 L.F, Safety System $ 0.50 $ 3,159.00 complete in place, the sum of No Dollars and Fifty Cents per Linear Foot 11 23 L.F. Remove & Replace 15-Inch C.M.P. $ 75.00 $ 1,725.00 complete in place, the sum of Seventy -Five Dollars and No Cents per Linear Foot J:\CLERTCAL\Anna\2015-104 W Foster Crossing Road WL\Specs\Contract\l I-P&BS-2.x1sx - 28a - Proposal and Bid For n BASE BID Item Estimated Price in Extended No. Quantity Unit Description and Price in Words Figures Amount 12 63 L.F. Remove & Replace Barbed Wire Fence $ 10.00 $ 630.00 complete in place, the sum of Ten Dollars and No Cents per Linear Foot Remove & Replace Barbed Wire / Hog Wire 13 168 L.F. Fence $ $ 2,520.00 complete in place, the sum of Fifteen Dollars and No Cents per Linear Foot $ 100.00 14 7 L.F. Remove & Replace Wood Fence $ 700.00 complete in place, the sum of One Hundred Dollars and No Cents per Linear Foot 15 11 L.F. Remove & Replace 3-Bar Fence $ 50.00 $ 550.00 complete in place, the sum of Fifty Dollars and No Cents per Linear Foot 1 Ea. Remove & Replace 3-Bar Gate $ 750.00 $ 750.00 complete in place, the sum of Seven Hundred Fifty Dollars and No Cents per Each 51 S.Y. Remove & Replace Gravel Pavement $ 15.00 $ 765.00 complete in place, the sum of Fifteen Dollars and No Cents er S uare Yard J*\CLERICAL\Anna\2015-104 W Foster Crossing Road WL\Specs\Contract\l I-P&BS-2,xlsx - 29a Proposals and Bid Fon77 BASE BID Item Estimated Price in Extended No. Quantity Unit Description and Price in Words Figures Amount 18 41 S.Y. Remove & Replace Asphalt Pavement $ 90.00 $ 3,690.00 complete in place, the sum of Ninety Dollars and No Cents per Square Yard 19 64 S.Y. Remove & Replace Concrete Pavement $ 125.00 $ 8,000.00 complete in place, the sum of One Hundred Twenty -Five Dollars and No Cents per Square Yard 20 63 L.F. Full Depth Sawcut $ 10.00 $ 630.00 complete in place, the sum of Ten Dollars and No Cents per Linear Foot 21 63 L.F. Furnish & Install Longitudinal Butt Joint $ 30.00 $ 1,890.00 complete in place, the sum of Thirty Dollars and No Cents per Linear Foot Furnish, Implement & Maintain Storm Water 22 1 L.S. Pollution Prevention Plan $ 900.00 $ 900.00 complete in place, the sum of Nine Hundred Dollars and No Cents per Lump Sum 23 1 Ea. Design Trench Safety Plan $ 1,000.00 $ 1,000.00 complete in place, the sum of One Thousand Dollars and No Cents per Each 1 \CLERICAL\Anna\2015-104 W Foster Crossing Road WL\Specs\Contract\l 1-P&BS-2.xlsx - 30a - Proposal and Bid Form BASE BID Item Estimated Price in Extended No. Quantity Unit Description and Price in Words Figures Amount 24 25 L.F. Implement Trench Safety Systems L in place. the sum of and Cents per Linear Foot Furnish, Install, Maintain & Remove Erosion 6,318 L.F. Control Measures complete in place, the sum of One Dollars $ 1.50' $ 9,477.00 and Fifty Cents per Linear Foot Furnish, Implement & Maintain Traffic Control 26 1 L.S. Plan $ 1,500.00 $ 1,500.00 complete in place, the sum of One Thousand Five Hundred Dollars and No Cents per Lump Sum Furnish, Install and Maintain Hydromulch 27 10,530 S.Y. Seeding $ 1.50 $ 15,795.00 complete in place, the sum of One Dollars and Fifty Cents per Square Yard 2 Ea. Project Signs $ 1,000.00 $ 2,000.00 complete in place, the sum of One Thousand Dollars 29 and No Cents per Each For GCEC Utility Pole Relocation (BID 1 L.S. ALLOWANCE) complete in place, the sum of One Thousand, Five Hundred Dollars $ 1,500.00 1 $ 1,500.00 and No Cents per Lump Sum TOTAL AMOUNT OF BASE BID (Items 1 Through 29) S 650,202.00 J.\CLERICAL\Anna\2015-104 W Foster Crossing Road WL\Specs\Contract\11-P&BS-2 xlsx - 31 a - Proposal and Bid Fonn BASE BID Item Estimated Price in Extended No. I Quantity Unit Description and Price in Words Figures Amount * Item No. 10 replaces Item No. 24. J:\CLERICAL\Anna\2015-104 W Foster Crossing Road WL\Specs\Contract\l l-P&BS-2.xlsx - 32a - Proposal and Bid Form ADDITIVE ALTERNATE Item Estimated I Price in I Extended No. Quantity Unit Description and Price in Words Figures Amount 11 IA L.S. Contractor shall provide the additional cost to install the proposed waterline to a depth of 4- feet cover below the proposed future grade shown on Sheets 10 to 15. This applies to the waterline between Sta. 28+10 to 34+00 & between Sta. 40+00 to 45+00. Additive alternate price shall include any Additional Excavation, Trench Safety, Valve Extensions, etc., as required for the Extra Depth Installation. complete in place, the sum of Thirty -One Thousand Dollars and No Cents per Lump Sum AL AMOUNT OF ADDITIVE ALTERNATE SUMMARY OF BID TOTAL AMOUNT OF BASE BID (Items 1 Through 29) TOTAL AMOUNT OF ADDITIVE ALTERNATE (Item IA) AL AMOUNT OF BID (Base Bid + Additive Alternate) $ 31,000.00 1 $ 31,000.00 $ 31,000.00 $ 650,202.00 $ 31,000.00 $ 681,202.00 J:\CLERIC AL\Anna\2015-104 W Foster Crossing Road WL\Specs\Contract\] I-P&BS-2.x1sx - 32 - Proposal and Bid Form BID PROPOSAL FOR W. FOSTER CROSSING ROAD WATER LINE Recapitulations TOTAL BID: $ 650,202.00 Notice of award will be mailed to the undersigned at the following addresses: Dickerson Construction Company, Inc. Contractor Lewis Dickerson, President P.O. Box 181, Celina, Texas 75009 Principal Place of Business (Corp. Seal if Bidder is Corporation) Attest: Secretary: Acknowledgment is hereby made of receipt of the following Addenda, if any: No. One Date: 10/10/2017 No. Date: No. Date: List Subcontracts (Company name, contact number and type of work): j:\clerical\anna\2015-104 w foster crossing road w1\specs\contract\12-p&bs-3.doc - 33 - Proposal and Bid Fonn REQUEST FOR CERTIFICATE OF EXEMPTION FROM TEXAS LIMITED SALES, EXCISE AND USE TAX Date: TO: City of Anna, Texas Municipal Building 111 N. Powell Parkway Anna, TX 75409 RE: W. FOSTER CROSSING ROAD WATER LINE The undersigned Contractor hereby requests a Certificate of Exemption from the Texas Limited Sales, Excise, and Use Tax in the amount of ($ ), which is an amount not exceeding the contract price of all materials and other tangible personal property to be furnished in connection with the subject property. The undersigned hereby represents that such materials and property have been or will be utilized in the performance of the Contract Agreement to the full extent or the amount for which such Certificate of Exemption is requested. (Seal if a Corporation) :� Dickerson Construction Company, Inc. Company Lewis Dickerson Signature: Title: (please print) President P.O. Box 181 Address Celina, Collin County, Texas 75009 City, County, State and Zip (972) 382-2123 Telephone Fax jlclerical\anna\2015-104 w foster crossing road w1\specs\contract\12-p&bs-3.doc - 34 - Proposal and Bid Fonn CONTRACT AGREEMENT THIS W. Foster Crossing Road Water Line Contract (hereinafter this "Contract Agreement") entered into this day of , 2017 by and between the CITY OF ANNA, TEXAS, a Texas municipal corporation, ("City") and Dickerson Construction Company, Inc. ("Contractor"), located at P.O. Box 181, Celina. Texas 75009 . WITNESSETH: WHEREAS, the City wishes to contract for the project identified as W. Foster Crossing Road Water Line (the "Project"); and WHEREAS, the Project shall include all work and activities necessary to complete the following scope of work (hereinafter referenced as "Work"): W. FOSTER CROSSING ROAD WATER LINE in accordance with the Contract Documents as that term is defined herein; and WHEREAS, the Contractor has represented to the City that its personnel are qualified to provide the Work required in this Contract Agreement in a professional, timely manner as time is of the essence; and WHEREAS, the City has relied upon the above representations by the Contractor; and WHEREAS, the City's consulting engineer has recommended that an agreement for aforesaid construction be entered into with the Contractor; NOW, THEREFORE, for and in consideration of these premises, of the mutual covenants herein set forth, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: Section 1. DOCUMENTS INCORPORATED BY REFERENCE This Contract Agreement includes the recitals set forth above and the following documents: Invitation to Bid; Notice to Bidders; Qualification Statement of Bidders; Qualification Statement of Bidder's Surety; Prevailing Wage Rates for Municipal Construction in Anna, Texas; Vendors Compliance to State Law; Conflicts of Interest Questionnaire; Affidavit Against Prohibited Acts; Proposal and Bid Form; Request for Certificate of Exemption from Texas Limited Sales, Excise and Use Tax; Contract Agreement; Bidders Bond; Performance Bond; Payment Bond; Maintenance Bond; Certificate of Insurance; jlclerical\anna\2015-104 w foster crossing road w1\specs\contract\13-agreement doc CA-1 Contract Agreement Notice to Proceed; Any executed Change Orders; Supplementary General Provisions and Technical Specifications; and, Plans, Specifications and Drawings and all other documents made available to bidder for his inspection in accordance with Invitation to Bid,' all of which are hereby incorporated herein by reference, whether or not attached hereto, and made a part hereof (hereinafter along with this Contract Agreement and referenced collectively as the "Contract" or "Contract Documents"). Change Orders issued hereafter, Construction Change Directives, a Direction for a Minor Modification in the Work issued by the City, and any other amendments executed by the City and the Contractor, shall become and be a part of the Contract Documents. Documents not included or expressly contemplated in this Section 1 do not, and shall not, form any part of the Contract. The Contract Documents are intended to be complementary, and a requirement in one document shall be deemed to be required in all documents. However, in the event of any conflict between any of the above -listed documents and this Contract Agreement, this Contract Agreement shall control. Section 2. REPRESENTATIONS OF THE CONTRACTOR In order to induce the City to execute the Contract and recognizing that the City is relying thereon, the Contractor, by executing the Contract, makes the following express representations to the City: 2.01 The Contractor is fully qualified to act as the general contractor for the Project and has, and shall maintain, any and all licenses, permits or other authorizations necessary to act as the general contractor for, and to construct the Project; 2.02 The Contractor has become familiar with the Project site and the local conditions under which the Project is to be constructed and operated; 2.03 The Contractor has received, reviewed and examined all of the documents which make up the Contract, including, but not limited to all plans and specifications, and has found them to the best of its knowledge, to be complete, accurate, adequate, consistent, coordinated and sufficient for construction. Section 3. INTENT AND INTERPRETATION With respect to the intent and interpretation of the Contract, the City and the Contractor agree as follows: 3.01 This Contract Agreement (along with its exhibits and other documents expressly referenced in Section 1, above), together with the Contractor's and Surety's bid/proposal bond, performance and payment bonds, and maintenance bonds for the Project constitute the entire and exclusive agreements between the parties with reference to the Project, and said Contract supersedes any and all prior discussions, communications, representations, understandings, negotiations, or agreements. If plans, specifications or drawings are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. jlclerical\anna\2015-104 w foster crossing road w1\specs\contract\13-agreement doc CA-2 Contract Agreement 3.02 Anything that may be required, implied or reasonably inferred by the documents which make up the Contract, or any one or more of them, shall be provided by the Contractor with no increase to the Contract Price; 3.03 Nothing contained in the Contract shall create, nor be interpreted to create, privity or any other relationship whatsoever between the City and any person except the Contractor; 3.04 When a word, term, or phrase is used in the Contract, it shall be interpreted or construed first, as defined herein; second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage; 3.05 Wherever the Contract calls for "strict" compliance or conformance with the Contract Documents as to matters —other than compliance with time limits, providing an updated schedule, and claim and change order procedures —the term shall mean within tolerances as described specifically in the Contract Documents, or if not specifically described, within industry standards and tolerances for deviation for the specific item or procedure in question; 3.06 The words "include", "includes", or "including", as used in the Contract, shall be deemed to be followed by the phrase, "without limitation"; 3.07 The listing herein of any items as constituting a material breach of the Contract shall not imply that any other, non listed item will not constitute a material breach of the Contract; 3.08 The Contractor shall have a continuing duty to read, examine, review, compare and contrast each of the documents which make up the Contract, shop drawings, and other submittals and shall give written notice to the City of any conflict, ambiguity, error or omission which the Contractor may find with respect to these documents, before proceeding with the associated part of the Work. The express or implied approval by the City or its designee of any shop drawings or other submittals shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor's compliance with the Contract. If the Contractor performs any activity knowing it involves an error, inconsistency or omission which was recognized, obvious, or reasonably should have been recognized, without such notice to the City, the Contractor shall assume responsibility for such performance and shall bear the costs for correction; 3.09 In the event of any conflict, discrepancy, or inconsistency among any of the documents which make up the Contract, the following shall control: (1) as between this Contract Agreement and any other document, this document shall govern; or, (2) in the case of any conflict, discrepancy or inconsistency among any of the other Contract Documents, and such conflict is not resolved by reference to the Supplementary General Provisions and Technical Specifications, then the Contractor shall notify the City immediately upon discovery of same for resolution. jAclerical\anna\2015-104 w foster crossing road wl\specs\contract\13-agreement doc CA-3 Contract Agreement Section 4. CONTRACTOR'S PERFORMANCE The Contractor shall perform all of the Work required, implied or reasonably inferable from the Contract including, but not limited to, the following: 4.01 The Contractor will complete the entire Work described in the Contract Documents, except as specifically identified therein as the work of other parties or expressly excluded by specific reference, in accordance with the terms herein. 4.02 The furnishing of any and all required surety bonds and insurance certificate(s) and endorsement(s); 4.03 The provision or furnishing, and prompt payment therefor, of labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, disposal, power, fuel, heat, light, cooling, or other utilities, required for construction and all necessary building permits and other permits or licenses required for the construction of the Project; 4.04 The creation and maintenance of a detailed and comprehensive copy of the drawings, specifications, addenda, change orders and other modifications depicting all as -built construction. Said items shall be submitted to the City, along with other required submittals upon Completion of the Project, and receipt of same by the City shall be a condition precedent to final payment to the Contractor. The Contractor shall prepare and submit final as -built drawings to the City. Section 5. TIME FOR CONTRACTOR'S PERFORMANCE; DELAYS 5.01 The Contractor shall commence the performance of the Contract on the date set forth in the Notice to Proceed issued by the City Manager or the City Manager's designee and shall diligently continue its performance to and until Completion of the Project. The Contractor shall accomplish Completion (as defined herein below) of the Project not more than One Hundred Eighty (180) calendar days following the issuance of the Notice to Proceed, (sometimes hereinafter referred to as the "Contract Time"). This Contract Time includes Ten (10) inclement weather days. By signing the Contract, the Contractor agrees that the Contract Time is a reasonable time for accomplishing Completion of the Project and completion of the Project within the Contract Time is of the essence. 5.02 The Contractor shall pay the City the sum of $500 per day for each and every calendar day of unexcused delay in achieving Substantial Completion beyond the date set forth herein for Substantial Completion. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the City, estimated at the time of executing the Contract. When the City reasonably believes that Substantial Completion will be inexcusably delayed, the City shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the City to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for which the City has withheld payment, the City shall promptly release to the Contractor those funds withheld over and above what ultimately came due as liquidated damages; 5.03 The term "Substantial Completion", as used herein, shall mean the point at which, as certified in writing by the City's consulting architect/engineer or other appropriate independent contractor or representative and approved by the City, the Project is at a level of completion in strict jlclerical\anna\2015-104 w foster crossing road wl\specs\contract\13-agreement.doc CA-4 Contract Agreement compliance with the Contract such that the City or its designee can enjoy beneficial use or occupancy and can legally occupy, use or operate it in all respects, for its intended purpose. Partial use or occupancy of the Project shall not result in the Project being deemed substantially complete, and such partial use or occupancy shall not be evidence of Substantial Completion. 5.04 All limitations of time set forth herein are material and are of the essence of the Contract. 5.05 Contractor agrees to punctually and diligently perform all parts of the Work at the time scheduled in this Contract Agreement. In this connection, Contractor agrees that it will keep itself continually informed of the progress of the job and will, upon its own initiative, confer with the City so as to plan its Work in coordinated sequence with the work of the City, if any, and of others and so as to be able to expeditiously undertake and perform its work at the time most beneficial to the entire Project. The Contractor will be liable for any loss, costs, or damages sustained by the City for delays in performing the Work hereunder, other than for excusable delays, as set forth in 5.06 below, for which Contractor may be granted a reasonable extension of time. 5.06 If the Contractor is delayed at any time in the progress of the Work by any separate contractor employed by the City, or by changes in the Work, or by labor disputes, fire, unusual delay in transportation, unusually severe weather conditions, unavoidable casualties, delays specifically authorized by the City, or by causes beyond the Contractor's control, avoidance, or mitigation, and without the fault or negligence of the Contractor and/or subcontractor or supplier at any tier, then the contract time shall be extended by Change Order for such reasonable time, if any, as the City may determine that such event has delayed the progress of the Work, or overall completion of the Work if the Contractor complies with the notice and documentation requirements set forth below. (1) If the Contractor is delayed, obstructed, hindered or interrupted for a period of time exceeding seven calendar days by any act or neglect of the City, an adjustment shall be made for any increase in the direct cost of performance of this contract (excluding profit, extended home office overhead, incidental or consequential damages or disruption damages) and the Contract modified in writing accordingly. The Contractor must assert its right under this section by giving written notice to the City Manager within10 calendar days of the beginning of a delay, obstruction, hindrance or interruption by the City. No adjustment shall be made for any delay, obstruction, hindrance or interruption after final payment under this contract or to the extent that performance would have been so delayed, obstructed, hindered or interrupted by any other cause, including, but not limited to concurrent cause or fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract. The direct costs described above shall be limited to those direct costs attributable solely to this project, and shall be subject to documentation and verification of costs as required by the City. If unit prices are established in the Contract Documents or subsequently agreed upon, they shall form the basis for cost calculations under any claims for delay. (2) Any claim for extension of time shall be made in writing to the City, not more than 10 calendar days from the beginning of the delay. The notice shall indicate the cause of delay upon the progress of Work. If the cause of the delay is continuing, the Contractor must give such written notice every 10 calendar days. Within 10 calendar days after the elimination of any such delay, the Contractor shall submit further documentation of the delay and a formal Change Order request for an extension of time for such delay. (3) The written request for a time extension shall state the cause of the delay, the number of calendar days extension requested, and such analysis and other documentation as is j:\clerical\anna\2015-104 w foster crossing road wl\specs\contract\13-agreementdoc CA-5 Contract Agreement reasonably requested by the City to demonstrate a delay in the progress of the Work or the overall project completion. If the Contractor does not comply with the above notice and documentation requirements, the claim for the delay shall be waived by the Contractor. The above notice and documentation requirements shall also be a condition precedent to the Contractor's entitlement to any extension of time. (4) Extensions of time will be the contractor's primary remedy for any and all delays, obstructions, hindrances, or interference. Payment or compensation, for direct costs only (as set forth above), may be made to the Contractor for hindrances or delays solely caused by the City if such delays or hindrances are within the City's ability to control and are not partially caused by the Contractor or any of its agents, subcontractors or others for whom it is responsible. No payment or compensation will be made for interference, obstructions, hindrances or delays which are not solely caused by the City and which the City fails to cure after a reasonable period after written notice. (5) Without limitation, the City's exercise of its rights under provisions related to changes to the Work, regardless of the extent or number of such changes, or the City's exercise of any of its remedies or any requirement to correct or re -execute defective Work, shall not under any circumstances be construed as delays, hindrances or interference compensable further than as described herein. Section 6. FIXED PRICE AND CONTRACT PAYMENTS 6.01 The City shall pay, and the Contractor shall accept, as full and complete payment for the Contractor's timely performance of its obligations hereunder the fixed price of $650,202.00, The price set forth in this Section 6.01 shall constitute the Contract Price, which shall not be modified except by Change Order or adjustment pursuant to approved unit prices, if any, as provided in the Contract. 6.02 The City shall pay the Contract Price to the Contractor in accordance with the procedures set forth in this Section 6 and as set forth here: (1) On or before the 10th calendar day of each month after commencement of performance, but no more frequently than once monthly, the Contractor may submit a payment request for the period ending the last calendar day of the previous month (the "Payment Request"). Said Payment Request shall be in such format and include whatever supporting information as may be required by the City. Therein, the Contractor may request payment for 90% of that part of the Contract Price allocable to Contract requirements properly provided, labor, materials and equipment properly incorporated in the Project, and materials or equipment necessary for the Project and properly stored at the Project site (or elsewhere if offsite storage is approved in writing by the City), less the total amount of previous payments received from the City. Payment for materials stored offsite shall be at the discretion of the City and if approved, the Contractor shall provide appropriate documentation to substantiate materials are stored in a bonded warehouse or facility, title or other proof of ownership has been transferred to the City, and that materials have been purchased and paid for by the Contractor (copies of paid invoices must be submitted to the City with payment request). Risk of loss shall be borne by, and insurance must be provided by the Contractor while in storage, transit and use during construction. At 75% completion of the Contract, by dollar value, and at the option of the City, retainage may be reduced to 5% plus an additional amount as detailed in Section 6.06 below for any part of the Work that is defective or non -conforming and in Section 5.02 above for anticipated liquidated damages. 1:\clerical\anna\2015-104 w foster crossing road wl\specs\contract\13-agreement.doc CA-6 Contract Agreement (2) Amounts reflected in Change Orders may be included in Payment Requests to the extent they are not in dispute and subject to final approval of cost to the City for such changes in work- (3) Each Payment Request shall be signed by the Contractor and shall constitute the Contractor's representation that the quantity of Work has reached the level for which payment is requested, that the Work has been properly installed or performed in strict compliance with the Contract, and that the Contractor knows of no reason why payment should not be made as requested. (4) Thereafter, the City shall review the Payment Request and may also review the Work at the Project site or elsewhere to determine whether the quantity and quality of the work is as represented in the Payment Request and is as required by the Contract. The amount of each such payment shall be the amount approved for payment by the City less such amounts, if any, otherwise owing by the Contractor to the City or which the City shall have the right to withhold as authorized by the Contract, subject to approval by the City. Approval of the Contractor's Payment Requests shall not preclude the City from the exercise of any of its rights as set forth in 6.06 herein below. (5) The submission by the Contractor of a Payment Request also constitutes an affirmative representation and warranty that all work for which the City has previously paid is free and clear of any lien, claim, or other encumbrance of any person whatsoever. As a condition precedent to payment, the Contractor shall, if required by the City, also furnish to the City properly executed waivers of lien or claim, in a form acceptable to the City, from all subcontractors, materialmen, suppliers or others having lien or claim rights, wherein said subcontractors, materialmen, suppliers or others having lien or claim rights, shall acknowledge receipt of all sums due pursuant to all prior Payment Requests and waive and relinquish any liens, lien rights or other claims relating to the Project site. Furthermore, the Contractor warrants and represents that, upon payment of the Payment Request submitted, title to all work included in such payment shall be vested in the City. 6.03 When payment is received from the City, the Contractor shall within seven calendar days pay all subcontractors, material men, laborers and suppliers the amounts they are due for the work covered by such payment. In the event the City becomes informed that the Contractor has not paid a subcontractor, material man, laborer, or supplier as provided herein, the City shall have the right, but not the duty, to issue future checks and payment to the Contractor of amounts otherwise due hereunder naming the Contractor and any such subcontractor, material man, laborer, or supplier as joint payees. The City shall notify the Contractor of its intent to implement such a procedure, and will give the Contractor a reasonable period to cure any such failure prior to implementing the procedure. Such joint -check procedure, if employed by the City, shall create no rights in favor of any person or entity beyond the right of the named payees to payment of the check as a co -payee and shall not be deemed to commit the City to repeat the procedure in the future. 6.04 Neither payment to the Contractor, full or partial utilization of the Project for any purpose by the City, nor any other act or omission by the City shall be interpreted or construed as an acceptance of any work of the Contractor not strictly in compliance with the Contract; 6.05 After written notice to the Contractor and a reasonable opportunity to cure, the City shall have the right to refuse to make payment, in whole or in part, and, if necessary, may demand the return of a portion or all of the amount previously paid to the Contractor due to: jAclerical\anna\2015-104 w foster crossing road w1\specs\con1ract\13-agreement doc CA-7 Contract Agreement (1) The quality of a portion, or all, of the Contractor's work not being in accordance with the requirements of the Contract; (2) The quantity of the Contractor's work not being as represented in the Contractor's Payment Request, or otherwise; (3) The Contractor's rate of progress being such that, in the opinion of the City, Substantial Completion may be inexcusably delayed; (4) The Contractor's failure to use Contract funds, previously paid the Contractor by the City, to pay Contractor's Project -related obligations including, but not limited to, subcontractors, laborers and material and equipment suppliers; (5) Claims made, or likely to be made, against the City or its property for which the Contractor or its agents or subcontractors or others for whom it is responsible are, or reasonably appear to be at fault; (6) Loss caused by the Contractor; (7) The Contractor's failure or refusal to perform any of its obligations to the City, after written notice and a reasonable opportunity to cure as set forth above. In the event that the City makes written demand upon the Contractor for amounts previously paid by the City as contemplated in this Section 6.05, the Contractor shall promptly comply with such demand. The City's rights hereunder survive the term of this Contract Agreement, are not waived by final payment and/or acceptance, and are in addition to Contractor's obligations elsewhere herein. 6.06 When the Contractor believes that Substantial Completion has been achieved, the Contractor shall notify the City in writing and shall furnish a listing of those matters, if any, yet to be finished. The City will thereupon conduct a site review to confirm that the Project is in fact substantially complete. If the City, through its review, finds that the Contractor's work is not substantially complete, and is required to repeat all, or any portion, of such review, the Contractor shall bear the cost of such repeat site review(s), which cost may be deducted by the City from any payment then or thereafter due to the Contractor. Guarantees and equipment warranties required by the Contract shall commence on the date of Substantial Completion. Upon Substantial Completion, the City shall pay the Contractor an amount sufficient to increase total payments to the Contractor to 100% of the Contract Price less any amounts attributable to damages, and less 150% of the costs, as reasonably determined by the City, incurred for the City to complete any incomplete work, correcting and bringing into conformance all defective and nonconforming work, and handling any outstanding or threatened claims. Such a calculation by the City of costs for completing all incomplete work, correcting and bringing into conformance all defective and nonconforming work, and handling any outstanding or threatened claims shall not bar the City from exercising its stated rights elsewhere in the Contract, or otherwise as provided by law for any incomplete, defective or nonconforming work or claims that are discovered by the City after the date of making such calculation or after the date of any partial or final payment, whether or not such incomplete, defective or nonconforming work or claims were obvious or should have been discovered earlier. 6.07 When the Project is finally complete and the Contractor is ready for a final review, it shall notify the City thereof in writing. Thereupon, the City will perform a final site review of the Project. If the City concurs that the Project is complete in full accordance with the Contract and that the Contractor has performed all of its obligations to the City hereunder, the Contractor will furnish a final Approval for Payment to the City certifying to the City that the Project is complete and the j:\clerical\anna\2015-104 w foster crossing road wl\specs\contract\13-agreement.doc CA-8 Contract Agreement Contractor is entitled to the remainder of the unpaid Contract Price, less any amount withheld pursuant to the Contract. If the City is unable to issue its final Approval for Payment and is required to repeat its final review of the Project, the Contractor shall bear the cost of such repeat review(s), which costs may be deducted by the City from the Contractor's final payment; 6.08 The City shall, subject to its rights set forth in Section 6.06 above and elsewhere in the Contract, endeavor to make final payment of all sums due the Contractor within 30 calendar days of the final Approval for Payment, with the exception of items in dispute or concerning which the City has exercised any of its rights to investigate or remove. Section 7. INFORMATION AND MATERIAL SUPPLIED BY THE CITY 7.01 The City has furnished to the Contractor, prior to the execution of this Contract Agreement, all written and tangible material in its possession relevant to the conditions at the site of the Project. Such written and tangible material has been furnished to the Contractor only in order to make complete disclosure of such material as being in the possession of the City and for no other purpose. By furnishing such material, the City does not represent, warrant, or guarantee its accuracy either in whole, in part, implicitly or explicitly, or at all. 7.02 Differing site conditions. The Contractor shall promptly, and before such conditions are disturbed, notify the City in writing of: (1) subsurface or latent physical conditions at the site differing materially from those indicated in the contract, or (2) unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in this contract. The City shall investigate the conditions, and if it finds that such conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the Work under the Contract, whether or not changed as a result of such conditions, an adjustment shall be made, through negotiation and mutual agreement, and the contract modified in writing accordingly. Section 8. CEASE AND DESIST ORDER/OWNER'S RIGHT TO PERFORM WORK 8.01 In the event the Contractor fails or refuses to perform the Work, or any separable part thereof, as required herein, or with the diligence that will ensure its proper, timely completion in accordance with the contract documents, the City may instruct the Contractor, by written notice, to cease and desist further Work, in whole or in part, or to correct deficient Work. Upon receipt of such instruction, the Contractor shall immediately cease and desist, or proceed, as instructed by the City. In the event the City issues such instructions to cease and desist, the Contractor must, within seven calendar days of receipt of the City's instructions, provide a written, verified plan to eliminate or correct the cause of the City's order, which plan appears to the City to be reasonable, actually attainable and in good faith. In the event that the Contractor fails and/or refuses to provide such a plan or diligently execute an approved plan, then the City shall have the right, but not the obligation, to carry out the Work, or any portion thereof, with its own forces, or with the forces of another contractor, and the Contractor shall be fully responsible and liable for the costs of the City performing such work, which costs may be withheld from amounts due to the Contractor from the City. The rights set forth herein are in addition to, and without prejudice to, any other rights or remedies the City may have against the Contractor. If Work completed by the City or other contractor affects, relates to, is to be attached onto or extended by later Work of the Contractor, the Contractor shall, prior to proceeding with the later Work, and to the extent visible, report any apparent defects or variance from the Contract requirements which would render the Contractor's later Work not in compliance with the Contract requirements or defective or not in compliance with warranties or other obligations of the Contractor hereunder. jAclerical\anna\2015-104 w foster crossing road wl\specs\contract\13-agreement.doc CA-9 Contract Agreement 8.02 The provisions of this section shall be in addition to the City's ability to remove portions of the Work from the Contract and complete it separately. Section 9. CONTRACTOR'S DUTIES, OBLIGATIONS AND RESPONSIBILITIES In addition to any and all other duties, obligations and responsibilities of the Contractor set forth in the Contract Documents, the Contractor shall have and perform the following duties, obligations and responsibilities to the City: 9.01 Reference is hereby made to the continuing duties set forth in Section 3.08 above, which are by reference hereby incorporated in this Section 9.01. The Contractor shall not perform work without adequate plans and specifications, or without, as appropriate, approved shop drawings, or other submittals. If the Contractor performs work knowing or believing, or if through exercise of reasonable diligence it should have known that such work involves an error, inconsistency or omission in the Contract without first providing written notice to the City, the Contractor shall be responsible for such work and shall correct same bearing the costs set forth in Section 3.08 above. 9.02 All work shall strictly conform to the requirements of the Contract. To that end, the Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work, unless otherwise specified in the Contract Documents; 9.03 The work shall be strictly supervised, the Contractor bearing full responsibility for any and all acts, errors or omissions of those engaged in the work on behalf of the Contractor, including, but not limited to, all subcontractors and their employees. The Contractor shall maintain an on - site superintendent while any portion of the Work is being performed. The Contractor shall operate exclusively in the capacity of the City's independent contractor as to all work it performs under the Contract, and not as an agent, employee, or representative of the City; 9.04 The Contractor hereby warrants that all laborers furnished under the Contract shall be qualified and competent to perform the tasks undertaken, that the product of such labor shall yield only first-class results, that all materials and equipment provided shall be new (unless otherwise specified) and of high quality, that the completed work will be complete, of high quality, without defects, and that all work strictly complies with the requirements of the Contract. Any work not strictly complying with the requirements of this the Contract shall constitute a breach of the Contractor's warranty. 9.05 The Contractor will be responsible for acquiring all required permit(s)—except as specifically stated in Section 22.01 below —and calling for all required or routine inspections. The Contractor will cooperate with and abide by the decision of inspectors having jurisdiction. Should the Contractor have a dispute with any inspector or entity having jurisdiction, the Contractor shall promptly notify the City Manager or the City Manager's designee. The Contractor shall comply with all legal requirements applicable to the work 9.06 The Contractor shall employ and maintain at the Project site only competent, qualified full time supervisory personnel. Key supervisory personnel assigned by the Contractor to this Project are as follows: NAME FUNCTION jAclerical%annat2015-104 w foster crossing road wl\specs\contract\13-agreement doc CA-10 Contract Agreement If at any time the City reasonably determines that any employee of the Contractor is not properly performing the Work in the best interest of the City or the Project, or is hindering the progress of the Work, or is otherwise objectionable, the City shall so notify the Contractor, which shall replace the employee as soon as possible, at no increased cost to the City. 9.07 The Contractor must submit to the City the Contractor's schedule for completing the work prior to submittal of the first application for payment. The City will not review any payment request until such schedule has been submitted and approved. Such schedule shall be in a form as specified in the Contract or which shall have been approved by the City Manager or the City Manager's designee, and which shall provide for expeditious and practicable construction of the Project. The Contractor's schedule shall be updated no less frequently than monthly (unless the parties otherwise agree in writing) and shall be updated to reflect conditions encountered from time to time and shall apply to the total project. Each such revision shall be furnished to the City. Strict compliance with the requirements of this Section 9.07 shall be a condition precedent to payment to the Contractor, and failure by the Contractor to strictly comply with said requirements shall constitute a material breach of the Contract. 9.08 The Contractor shall keep an updated copy of the Contract Documents at the site. Additionally, the Contractor shall keep a copy of approved shop drawings and other submittals. All of these items shall be available to the City during all regular business hours. 9.09 Shop drawings and other such submittals from the Contractor do not constitute a part of the Contract. The Contractor shall not do any work requiring shop drawings or other submittals unless such shall have been approved in writing by the City or as required by the Contract Documents. All work requiring approved shop drawings or other submittals shall be done in strict compliance with such approved documents or Contract requirements. However, approval by the City shall not be evidence that work installed pursuant thereto conforms with the requirements of the Contract, and shall not relieve the Contractor of responsibility for deviations from the Contract unless the City has been specifically informed of the deviation by a writing incorporated in the submittals and has approved the deviation in writing. The delivery of submittals shall constitute a representation by the Contractor that it has verified that the submittals meets the requirements of the Contract, or will do so, including field measurements, materials and field construction criteria related thereto. The City shall have no duty to review partial submittals or incomplete submittals. The Contractor shall have the duty to carefully review, inspect, examine and physically stamp and sign any and all submittals before submission of same to the City. 9.10 The Contractor shall maintain the Project site and adjacent areas affected by its work and/or the acts of its employees, materialmen and subcontractors in a reasonably clean condition during performance of the work. Upon substantial completion, the Contractor shall thoroughly clean the Project site of all debris, trash and excess materials or equipment. If the Contractor fails to do so, the City may complete the cleanup, by its own forces or by separate contract, and shall be entitled to charge the Contractor for same through the collection or withholding of funds through the mechanisms provided elsewhere in this Contract Agreement; j:\clerical\anna\2015-104 w foster crossing road wl\specs\contract\13-agreemenLdoc CA-11 Contract Agreement 9.11 At all times relevant to the Contract, the Contractor shall permit the City and its consultants to enter upon the Project site and any offsite lay down areas, safety permitting, and to review or inspect the work and any materials on any such site, without formality or other procedure. 9.12 The Contractor recognizes that the City may enter into other contracts to perform work relating to the Project, or to complete portions of the Work itself. The Contractor shall ensure that its forces reasonably accommodate the forces of the City and other contractors hired by the City. The Contractor shall coordinate its schedule with the work of other contractors. If the Contractor claims that delay or damage results from these actions of the City, it shall promptly submit a claim as provided herein. 9.13 Protection of persons and property. (1) It shall be the responsibility of the Contractor to initiate, continue and supervise all safety programs and precautions in the performance of the terms of the Contract. The Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to its employees, subcontractors' employees, employees of the City and members of the public, the Work itself and unassembled components thereof, and other property at the site or adjacent thereto. As part of the Contractor's obligations hereunder, the Contractor shall erect and maintain all necessary and prudent safeguards, barriers, signs, warnings, etc. (2) With notice to the City, the Contractor shall promptly remedy loss or damage to the Work or any person or property described herein caused in whole or in part by the acts of the Contractor or any subcontractor, sub -subcontractor or materialman. This obligation shall be in addition to the requirements of Section 10 herein. The City may direct the Contractor to remedy known violations of applicable laws, rules, regulations, and interpretations related to safety when and if observed on the site. However, through exercising this authority the City shall not incur any obligations to monitor, initiate, continue, or supervise safety programs and precautions such to diminish the Contractor's primary role in same. The City shall have the right to report suspected safety violations to the Occupational Safety and Health Administration (OSHA) or other appropriate authorities. (3) The Contractor shall promptly notify the City upon discovery of any unidentified material which Contractor reasonably believes to be asbestos, lead, PCB, or other hazardous material, and shall immediately stop work in the affected area of the Project. The Contractor shall not be responsible for removal or other work with regard to such hazardous material unless otherwise agreed between the City and the Contractor. In the case of work stopped due to the discovery of hazardous materials, Section 6 shall apply to claims for delay, hindrance or interference. Work will resume in the affected area of the Project immediately after such time as the hazardous material has been removed or rendered harmless, as certified by an industrial hygienist to be engaged by the City. 9.14 The Contractor warrants to the Owner that materials and equipment furnished under the Contract are of good quality and new unless otherwise required or permitted under the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If jAclerical\anna\2015-104 w foster crossing road wl\specs\contract\13-agreement.doc CA-12 Contract Agreement required by the Owner, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. Section 10. INDEMNITY Except for expenses or liabilities arising from the negligence of the CitV, the Contractor hereby expressly agrees to indemnify and hold the CitV harmless a ainst any and all expenses and liabilities arising out of the performance or default of the Contract as follows: 10.01 Contractor shall indemnify,and hold harmless to the maximum extent permitted by law City and its officers, agents, employees, and consultants from and against any and all liability_,_ damages, losses, [whether in contract or in tort, including personal injury, accidental death or property damage, and regardless, of whether the alle ations are false fraudulent orgroundless), and costs(including reasonable attorne 's fees litigation, arbitration,_ mediation, appeal expenses incurred in any matter, including a j2roceeding to enforce this Section 10 which in whole or in part are caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed by or utilized by the Contractor in Contractor's performance of this Contract Agreement. 10.02 Contractor's obligation to indemnify, defend and hold harmless shall remain in effect and shall be binding upon Contractor whether such injury or damage shall accrue, or may be discovered, before or after termination of the Contract. 10.03 Contractor's failure to comply with this section's provisions shall constitute a material breach upon which City may immediately terminate or suspend this Contract Agreement. Section 11. CLAIMS BY THE CONTRACTOR Claims by the Contractor against the City, other than for time extensions covered by Section 6 hereof, are subject to the following terms and conditions: 11.01 All Contractor claims against the City shall be initiated by a written claim submitted to the City. Notice of such claim shall be received by the City no later than either 10 calendar days after the event, or 10 calendar days after the first appearance of the circumstances causing the claim, whichever is sooner, and same shall set forth in detail all known facts and circumstances supporting the claim. Final costs associated with any claim upon which notice has been filed must be submitted in writing to the City within 30 calendar days after notice has been received; 11.02 The Contractor and the City shall continue their performance hereunder regardless of the existence of any claims submitted by the Contractor including claims set forth in Section 6 hereof; 11.03 In the event the Contractor discovers previously concealed and unknown site conditions which are materially at variance from those typically and ordinarily encountered in the general geographical location of the Project, the Contract Price may, with the approval of the City, be modified, either upward or downward, upon the written notice of claim made by either party within 10 calendar days after the first appearance to such party of the circumstances. Final costs must be submitted within 30 calendar days after such notice is received by the City, unless extended by written agreement of the parties. As a condition precedent to the City having any liability to the Contractor due to concealed and unknown conditions, the Contractor must give the City written notice of, and an opportunity to observe, such condition prior to disturbing it. The failure by the Contractor to give the written notice and make the claim as provided by this jAclerical\anna\2015-104 w foster crossing road wl\specs\contract\13-agreement doc CA-13 Contract Agreement Section 11.03 and as required elsewhere under the Contract shall constitute a waiver by the Contractor of any rights arising out of or relating to such concealed and unknown condition; 11.04 In the event the Contractor seeks to make a claim for an increase in the Contract Price, as a condition precedent to any liability of the City therefor, unless emergency conditions exist, the Contractor shall strictly comply with the requirements of Section 11.01 above and such claim shall be made by the Contractor before proceeding to execute any work for which a claim is made. Failure to comply with this condition precedent shall constitute a waiver by the Contractor of any claim for additional compensation; 11.05 In connection with any claim by the Contractor against the City that would result in compensation in excess of the Contract Price, any liability of the City for the Contractor's cost in this regard shall be limited to those cost categories set forth in Section 13.07 below. Section 12. SUBCONTRACTORS 12.01 Prior to execution of the Contract, the Contractor shall have identified to the City in writing, those parties required to be listed on the proposal form as subcontractors on the Project. Any changes to this list at any time shall be subject to the prior approval of the City. The City shall, in writing, state any objections the City may have to one or more of such subcontractors. The Contractor shall not enter into a subcontract with an intended subcontractor to whom the City objects. If at any time the City objects to a subcontractor, the Contractor shall solicit proposals from potential replacements and shall submit the three lowest proposals to the City, along with the Contractor's proposed choice as replacement. If the approved replacement subcontractor's cost is verified to be higher than the removed subcontractor, the excess shall be added to the Contract Price, unless the subcontractor in question has to be removed due to a default, or deficient performance. If the approved replacement subcontractor's cost is lower than the removed subcontractor, the difference shall be deducted from the Contract Price. Subcontractor markups shall be limited to those listed in Section 13.07 below. All subcontracts shall afford the Contractor rights against the subcontractor which correspond to those rights afforded to the City against the Contractor herein, including those rights of Contract termination as set forth herein below. 12.02 Each and every subcontract related to the Project is hereby assigned by the Contractor to the City, contingent upon the termination of the Contract for default or convenience as provided herein, and only as to those subcontracts which the City accepts in writing directed to the Contractor. This contingent assignment is subject to the prior rights of any surety obligated under a bond related to the Contract. This contingent assignment will operate prospectively from the effective date of assignment, and will not obligate the City to any liabilities existing on the effective date of the assignment, or arising from events, acts, failures to act, facts or circumstances existing prior to the effective date of the assignment. The contracts subject to this contingent assignment shall also be further assignable by the City, at the City's sole option. The Contractor shall bear the responsibility of notifying subcontractors of this contingent assignment and including it in all subcontracts in connection with the Project. Section 13. CHANGE ORDERS 13.01 The City Manager or the City Manager's express designee shall be the sole authorized representative of the City. Other than in matters of public safety or in time of emergency management, the Contractor shall not take direction or act upon information from any City personnel other than the City Manager's expressly authorized designee(s). jlclerical\anna\2015-104 w foster crossing road wl\specs\contract\13-agreement.doc CA-14 Contract Agreement 13.02 One or more changes to the work within the general scope of the Contract may be ordered by Change Order. The City may also issue written directions for minor changes in the Work and may issue Construction Change Directives, as set forth below. The Contractor shall proceed with any such changes or Construction Change Directives without delay and in a diligent manner, and same shall be accomplished in strict accordance with the following terms and conditions: 13.03 Change Order shall mean a written order directed to the Contractor executed by the City after execution of the Contract, directing a change in the work. A Change Order may include a change in the Contract Price, (other than a change attributable to damages for delay as provided in Section 6 hereof), or the time for the Contractor's performance, or any combination thereof. Where there is a lack of total agreement on the terms of a Change Order or insufficient time to execute a bilateral change, the City may also direct a change in the Work in the form of a Construction Change Directive, which will set forth the change in the Work and the change, if any, in the Contract Price or time for performance, for subsequent inclusion in a Change Order; Construction Change Directives shall include a not -to -exceed preliminary price, against which the Contractor may begin billing (subject to the requirements for pay applications elsewhere herein) as the work is performed. (1) The Contractor shall furnish a price breakdown, itemized as required and within the time specified by the City, with any proposal for a contract modification. (2) The price breakdown (a) must include sufficient detail to permit an analysis of all costs for material, labor, equipment and subcontracts, and (b) must cover all work involved in the modification, whether the work was deleted, added or changed. (3) The Contractor shall provide similar price breakdowns to support any amounts claimed for subcontracts. (4) The Contractor's proposal shall include a complete justification for any time extension proposed. 13.04 Any change in the Contract Price resulting from a Change Order shall be determined as follows: (1) By mutual agreement between the City and the Contractor as evidenced by (a) the change in the Contract Price being set forth in the Change Order, (b) such change in the Contract Price, together with any conditions or requirements relating thereto, being initialed by both parties and (c) the Contractor's execution of the Change Order; or, (2) If no mutual agreement occurs between the City and the Contractor, the change in the Contract Price, if any, shall be derived by determining the reasonable actual costs incurred or savings achieved, resulting from revisions in the work. Such reasonable actual costs or savings shall include a component for direct job site overhead and profit but shall not include home -office overhead or other indirect costs or components. The calculation of actual costs shall conform to the markup schedule in Section 13.07 below. Any such costs or savings shall be documented in the format, and with such content and detail as the City requires. The Contractor shall promptly submit such documentation and other supporting materials as the City may require in evaluating the actual costs incurred or to be incurred. j1clerical\anna\2015-104 w foster crossing road wl\specs\contract\13-agreement doc CA-15 Contract Agreement 13.05 The execution of a Change Order by the Contractor shall constitute conclusive evidence of the Contractor's agreement to the ordered changes in the work, the Contract as thus amended, the Contract Price and the time for performance by the Contractor, regardless of the nature, amount or extent of the changes. The Contractor, by executing the Change Order, waives and forever releases any claim against the City for additional time or compensation for matters relating to, arising out of or resulting from the work included within or affected by the executed Change Order of which the Contractor knew or should have known. 13.06 The Contractor shall notify and obtain the consent and approval of the Contractor's surety with reference to all Change Orders if such notice, consent or approval are required by the City, the Contractor's surety or by law. The Contractor's execution of the Change order shall constitute the Contractor's warranty to the City that the surety has been notified of, and consents to, such Change Order and the surety shall be conclusively deemed to have been notified of such Change Order and to have expressly consented thereto. 13.07 For the purpose of Change Orders, the following definitions of terms and other restrictions apply: Contractor's or Subcontractor's Materials shall include the cost of materials, sales tax, and the cost of all transport. The cost of items listed shall be directly related to the Change Order. Indirect costs not specifically related to the Change Order shall not be considered. Contractor's or Subcontractor's Direct Labor Cost shall be limited to the hourly rate of directly involved workmen, employer contributions towards company standard benefits, pensions, unemployment or social security (if any), and employer costs for paid sick and annual leave. Contractor's or Subcontractor's Overhead shall include license fees, bond premiums, supervision, wages of timekeepers and clerks, incidentals, home and field office expense, and vehicle expense directly related to the Project, and all other direct Project expenses not included in the Contractor's materials, direct labor, and equipment costs. The allowance for Overhead and Profit shall be limited to the following schedule: For the Contractor, for any work performed by the Contractor's own forces, 10% of the Subtotal of Costs to the Contractor. 2. For the Contractor, for any work performed by his Subcontractor, 5% of the amount due the Subcontractor. 3. For each Subcontractor or Sub -subcontractor involved, for any work performed by their own forces, 10% of their materials and direct labor costs. 4. For each Subcontractor, for work performed by his Sub-subcontractor(s), 5% of the amount due the Sub -subcontractor. jAclericaflanna\2015-104 w foster crossing road w1\specs\contract\13-agreement,doc CA-16 Contract Agreement For Change Orders, the total cost or credit to the Owner shall be based on the following schedule: Contractor's Materials Cost + Contractor's Direct Labor Costs + Contractor's Equipment Costs (includes owned/rental equipment)2 + Applicable Subcontractor Costs = Subtotal of Costs to the Contractor + Contractor's Overhead and Profit = Total Cost or Credit to the Owner 13.08 Nothing Contained in this section shall be deemed to contradict or limit the terms of Section 6.05 above. Section 14. DISCOVERING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK 14.01 In the event that the Contractor covers, conceals or obscures its work in violation of the Contract or in violation of an instruction from the City, such work shall be uncovered and displayed for review by the City and/or its consultants upon request, and shall be reworked at no cost in time or money to the City. 14.02 If any of the work is covered, concealed or obscured in a manner not covered by Section 14.01 above, it shall, if directed by the City, be uncovered and displayed for the City and/or its consultants. If the uncovered work conforms strictly with the Contract, the costs incurred by the Contractor to uncover and subsequently, replace such work shall be borne by the City. Otherwise, such costs shall be borne by the Contractor. 14.03 The Contractor shall, at no cost in time or money to the City, correct work rejected by the City as defective or failing to conform to the Contract. Additionally, the Contractor shall reimburse the City for all testing, review, inspections and other expenses incurred as a result thereof. 14.05 In addition to its warranty obligations set forth elsewhere in this Contract Agreement and any manufacturer's warranties provided on the Project, and in addition to other remedies provided herein or by law to the City, the Contractor shall be specifically obligated to promptly correct any and all defective or nonconforming work, whether obvious or after -discovered, for a period of 12 months following Substantial Completion upon written direction from the City. 14.06 The City may, but shall in no event be required to, choose to accept defective or nonconforming work. In such event, the Contract Price shall be reduced by the greater of (1) the reasonable costs of removing and correcting the defective or nonconforming work, or (2) the difference between the fair market value of the Project as constructed and the fair market value of the Project had it not been constructed in such a manner as to include defective or nonconforming work. If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate the City for the acceptance of defective or nonconforming work, the Contractor shall, upon 1 Owned Equipment For equipment owned by the Contractor, actually used in Change Order work including sales tax, or any related business entity, regardless of whether Contractor leases such equipment from the related business entity, the cost shall be the lesser of (i) the Contractor's actual ownership cost, or (ii) 85% of the applicable ownership cost listed in the most recent edition of the Contractor's Equipment Cost Guide, published by Dataquest. Third Party Rental Equipment For equipment actually rented by the Contractor, actually used in Change Order work including sales tax, from an unrelated third party, the cost shall be the lesser of (i) the Contractor's actual rental cost, or (ii) 85% of the applicable equipment rates based on the most recent edition of the Rental Rate Bluebook for Construction published by Dataquest. A reasonable rental cost shall be allowed as determined by the City Manager or the City Manager's designee when machinery and construction equipment not so listed is required. jAclerical\anna\2015-104 w foster crossing road wl\specs\contract\13-agreement doc CA-17 Contract Agreement written demand from the City, pay the City such remaining compensation for accepting defective or nonconforming work. The Contractor shall have an opportunity to correct any defect or non- conformance prior to the City taking the above actions. The contractor, upon written notice of any defect or non-conformance, shall have 10 calendar days to make corrections, unless the City agrees that the correction will require more than 10 calendar days to correct. Section 15. CITY'S RIGHT TO SUSPEND CONTRACTOR'S PERFORMANCE 15.01 In addition to the City's rights under Section 8 and elsewhere in this Contract Agreement, the City shall have the right at any time to direct the Contractor to suspend its performance, or any designated part thereof when in the interests of the City. If any such suspension is directed by the City, the Contractor shall immediately comply with same. 15.02 In the event the City directs a suspension of performance under this section, through no fault of the Contractor, if the suspension is lifted other than by Termination, the City shall pay the Contractor as full compensation for such suspension the Contractor's ordinary and reasonable costs, actually incurred and paid, of: (1) demobilization and remobilization, including such justifiable costs paid to subcontractors (cost categories and markups limited to those set forth in Section 13.07 above); (2) preserving and protecting work in place; (3) approved storage of materials or equipment purchased for the Project, including insurance thereon; and (4) substantiated extended field office overhead (but no home -office overhead). 15.03 The City may order suspension of the Work in whole or in part for such time as deemed necessary because of the failure of the Contractor to comply with any of the requirements of this Contract Agreement, and the Contract Agreement's completion date shall not be extended on account of any such suspension of Work. When the City orders any suspension of the Work under this Section 15.03, the Contractor shall not be entitled to any payment for Work which the Contractor performs after notice of suspension and/or during the suspension period and shall not be entitled to any costs or damages resulting from such suspension. 15.04 The City's rights under this section shall be in addition to those contained elsewhere in the Contract or provided by law. Section 16. TERMINATION BY THE CITY The City may terminate the Contract in accordance with the following terms and conditions: 16.01 Termination for Convenience. The City may, when in the interests of the City, terminate performance under the Contract by the Contractor, in whole or in part, for the convenience of the City. The City shall give written notice of such termination to the Contractor specifying when termination becomes effective. The Contractor shall incur no further obligations in connection with the work so terminated, other than warranties and guarantees for completed work and installed equipment, and the Contractor shall stop work when such termination becomes effective. The Contractor shall also terminate outstanding orders and subcontracts for the affected work. The Contractor shall settle the liabilities and claims arising out of the termination jAclerical\anna\2015-104 w foster crossing road wl\specs\contract\13-agreement doc CA-18 Contract Agreement of subcontracts and orders. The City may direct the Contractor to assign the Contractor's right, title and interest under termination orders or subcontracts to the City or its designee. The Contractor shall transfer title and deliver to the City such completed or partially completed work and materials, equipment, parts, fixtures, information and Contract rights as the Contractor has in its possession or control. When terminated for convenience, the Contractor shall be compensated as follows: (1) The Contractor shall submit a termination claim to the City specifying the amounts due because of the termination for convenience together with costs, pricing or other data required by the City. If the Contractor fails to file a termination claim within six months from the effective date of termination, the City shall pay the Contractor, an amount derived in accordance with subsection (3) below. (2) The owner and the Contractor may agree to the compensation, if any, due to the Contractor hereunder. (3) Absent agreement to the amount due to the Contractor, the owner shall pay the Contractor the following amounts: (a) Contract costs for labor, materials, equipment and other services accepted under the Contract; (b) Reasonable costs incurred in preparing to perform and in performing the terminated portion of the work, and in terminating the Contractor's performance, plus a fair and reasonable allowance for direct job site overhead and earned profit thereon (such profit shall not include anticipated profit or consequential damages); provided however, that if it reasonably appears that the Contractor would have not profited or would have sustained a loss if the entire Contract would have been completed, no profit shall be allowed or included and the amount of compensation shall be reduced to reflect the anticipated rate of loss, if any; (c) Reasonable costs of settling and paying claims arising out of the termination of subcontracts or orders pursuant to Subsection (3)(a) above —if contingent assignment of such contracts has not been elected as provided herein —shall not include amounts paid in accordance with other provisions of the Contractor. This clause is subject to and the Contractor shall be limited by the City's rights to direct the replacement of subcontractors under Section 12.01. The total sum to be paid the Contractor under this Subsection (3) shall not exceed the total Contract Price, as properly adjusted, reduced by the amount of payments otherwise made, and shall in no event include duplication of payment. 16.02 Termination for Cause. If the Contractor does not perform the work, or any part thereof, in a timely manner, supply adequate labor, supervisory personnel or proper equipment or materials, or if it fails to timely discharge its obligations for labor, equipment and materials, or proceeds to disobey applicable law, or otherwise commits a violation of a material provision of the Contract, then the City, in addition to any other rights it may have against the Contractor or others, may terminate the performance of the Contractor, in whole or in part at the City's sole option, and assume possession of the Project site and of all materials and equipment at the site and may complete the work. In such case, the Contractor shall not be paid further until the work is complete. After Completion has been achieved, if any portion of the Contract Price, as it may be modified j:\clerical\anna\2015-104 w foster crossing road wl\specs\contract\13-agreement doc CA-19 Contract Agreement hereunder, remains after the cost to the City of completing the work, including all costs and expenses of every nature incurred, has been deducted by the City, such remainder shall belong to the Contractor. Otherwise, the Contractor shall pay and make whole the City for such cost. This obligation for payment shall survive the termination of the Contract. In the event the employment of the Contractor is terminated by the City for cause pursuant to this Section 16.02 and it is subsequently determined by a Court of competent jurisdiction that such termination was without cause, such termination shall thereupon be deemed a Termination for Convenience under Section 16.01 and the provisions of Section 16.01 shall apply. 16.03 Termination for Non -Appropriation. The City may also terminate the Contract, in whole or in part, for non -appropriation of sufficient funds to complete or partially complete the Project, regardless of the source of such funds, and such termination shall be on the terms of Section 16.01. 16.04 The City's rights under this Section shall be in addition to those contained elsewhere herein or provided by law. Section 17. INSURANCE 17.01 Contractor shall be responsible for all damage to person and or property resulting from its negligent acts, reckless or intentional misconduct, errors or omissions or those of their subcontractors, agents or employees in connection with such services and shall be responsible for all parts of its work, both temporary and permanent. 17.02 Contractor shall, at its own expense, procure and maintain throughout the term of this Contract Agreement, with insurers acceptable to City, the types and amounts of insurance conforming to the minimum requirements set forth in this Contract Agreement. Contractor shall not commence work until the required insurance is in force and evidence of insurance acceptable to City has been provided to, and approved by, City. An appropriate Certificate of Insurance shall be satisfactory evidence of insurance. Until such insurance is no longer required by the Contract, Contractor shall provide City with renewal or replacement evidence of insurance at least 30 days prior to the expiration or termination of such insurance. 17.03 Workers' Compensation/Employer's Liability Insurance Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $1,000,000 for each accident. General Liability Insurance Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate. Automobile Liability Insurance Automobile Liability Insurance with bodily injury limits of not less than $1,00,000 for each person and not less than $1,000,000 for each accident, and with property damage limits of not less than $1,000,000 for each accident. y\c1eric0anna\2015-104 w foster crossing road wl\specs\contract\13-agreement doc CA-20 Contract Agreement 17.04 Contractor shall furnish insurance certificates or insurance policies at the City's request to evidence such coverages. Except for workers compensation, the insurance policies shall name the City as an additional insured, and shall contain a provision that such insurance shall not be canceled or reduced with respect to by coverages or endorsements without 30 days' prior written notice to OWNER and CONSULTANT. In such event, CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. 17.05 Compliance with these insurance requirements shall not limit the liability of Contractor. Any remedy provided to the City by any insurance maintained by the Contractor shall be in addition to and not in lieu of any other remedy (including, but not limited to, as an indemnitee of Contractor) available to the City under the Contract or otherwise. 17.06 Neither approval nor failure to disapprove insurance furnished by Contractor shall relieve Contractor from responsibility to provide insurance as required by this Contract Agreement. 17.07 Contractor shall deliver to City the required certificate(s) of insurance and endorsement(s) before City signs this Contract Agreement. 17.08 Contractor's failure to obtain, pay for, or maintain any required insurance shall constitute a material breach upon which City may immediately terminate or suspend this Contract Agreement. In the event of any termination or suspension, City may use the services of another consultant or consultants, without City's incurring any liability to Contractor. 17.09 At its sole discretion, City may obtain or renew Contractor insurance, and City may pay all or part of the premiums. Upon demand, Contractor shall repay CITY all monies paid to obtain or renew the insurance. City may offset the cost of the premium against any monies due Contractor from City. 17.10 The Contractor shall furnish to the City Certificates of Insurance allowing thirty (30) days notice for any change, cancellation, or non -renewal. Such Certificates shall contain the following wording: "SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN." If the insurance policies expire during the terms of the Contract, a renewal certificate or binder shall be filed with the City at least 30 days prior to the renewal date. 17.11 In addition to the coverages required herein, the Contractor shall furnish and maintain all-risk builder's risk property insurance, satisfactory to the City, upon the entire Work at the site to the full replacement cost of the completed project. This coverage shall name City as an additional insured, must include the interests of the Contractor, subcontractors and sub -subcontractors in the Work, and must be procured from an insurer licensed to do business in the State of Texas with a Best's rating of "A+, A, A-". The policy must insure against perils including, but not limited to, earthquake, fire, extended coverages, windstorm, lightning, flood, and physical loss or damage, including theft, vandalism and malicious mischief. Section 18. PERFORMANCE AND PAYMENT BONDS; SURETY BONDS 18.01 Contractor shall provide City with a Performance Bond, a Payment Bond, and a Maintenance Bond meeting the standards specified in the Contract Documents, on the forms provided by the j:\clerical\anna\2015-104 w foster crossing road wl\specs\contract\13-agreement.doc CA-21 Contract Agreement City, and attached hereto, with a Power of Attorney Affidavit, each in an amount not less than the Contract price. 18.02 Sureties' qualifications. All bonds, to the extent required under the Contract, including, but not by way of limitation, any Bid/Proposal Bond, Performance Bond, Payment bond, or Maintenance Bond shall be written through a reputable and responsible surety bond agency licensed to do business in the State of Texas and with a surety which holds a certificate of authority authorizing it to write surety bonds in Texas and maintains a current certificate of authority as an acceptable surety on Federal Bonds in accordance with U.S. Department of Treasury Circular 570. However, if the amount of the bond exceeds the underwriting limitations set forth in the Circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the Circular and the excess risk must be protected by co-insurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (3) CFR Section 223.10 - Section 223.111 and the surety company shall provide the City with evidence satisfactory to the City, that such excess risk has been protected in an acceptable manner. 18.03 Additional or replacement bond. It is further mutually agreed between the parties hereto that if, at any time, the City shall deem the surety or sureties upon any bond to be unsatisfactory, or if, for any reason, such bond (because of increases in the work or otherwise) ceases to be adequate, the Contractor shall, at its expense within five days after the receipt of notice from the City so to do, furnish an additional or replacement bond or bonds in such form, amount, and with such surety or sureties as shall be satisfactory to the City. In such event, no further payments to the Contractor shall be deemed to be due under the Contract until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the City. 18.04 As applicable to all bonds required under the Contract, the surety company shall have a Texas agent whose name shall be listed in the prescribed space on the forms provided by the City for all bonds required by the City, or otherwise listed therein if the form of the Bond is not prescribed by the City. Section 19. PROJECT RECORDS All documents relating in any manner whatsoever to the Project, or any designated portion thereof, which are in the possession of the Contractor, or any subcontractor of the Contractor, shall be made available to the City and/or its consultants for inspection and copying upon written request by the City. Furthermore, said documents shall be made available, upon request by the City, to any state, federal or other regulatory authority and any such authority may review, inspect and copy such records. Said records include, but are not limited to, all drawings, plans, specifications, submittals, correspondence, minutes, memoranda, tape recordings, videos, or other writings or things which document the Project, its design, and its construction. Said records expressly include those documents reflecting the cost of construction to the Contractor. The Contractor shall maintain and protect these documents for not less than three years after completion of the Project, or for any longer period of time as may be required by law or good construction practice. The Contractor further agrees to include these provisions in any subcontracts issued by him in connection with this Contract Agreement. Section 20. APPLICABLE LAW The laws of the State of Texas shall govern this Contract Agreement. In any litigation arising under this Contract Agreement, the parties agree to a waiver of the right to a trial before a jury, and all such litigation shall be litigated only in a non jury hearing in Collin County, Texas. j1c1erica1\anna\2015-104 w foster crossing road wl\specs\contract\13-agreement doc CA-22 Contract Agreement Section 21. SUCCESSORS AND ASSIGNS Each party binds itself, its successors, assigns, executors, administrators or other representatives to the other party hereto and to successors, assigns, executors, administrators or other representatives of such other party in connection with all terms and conditions of the Contract. The Contractor shall not assign the Contract without prior written consent of the City. Section 22. MISCELLANEOUS PROVISIONS 22.01 Construction Permits. The City hereby agrees to waive the charge for a City -issued building permit for this Project. However, the Contractor is responsible for obtaining all permits or fees otherwise required of the Contractor by the Contract Documents, or permits and fees customarily the responsibility of the Contractor. 22.02 Compliance By Contractor: Nondiscrimination. Contractor shall comply with all Federal, State and local laws, ordinances, rules and regulations of any authorities throughout the duration of the Contract. The Contractor shall be responsible for compliance with any such law, ordinance, rule or regulation and shall hold City harmless and indemnify same in the event of non- compliance. Contractor further agrees to abide by the requirements under Federal Executive Order Number 11246, as amended, including specifically the provisions of the equal opportunity clause. 22.03 State and Local Taxes. Except as otherwise provided, contract prices shall include all applicable state and local taxes. Contractor shall indemnify and hold harmless the City for any loss, cost or expense incurred by, levied upon or billed to the City as a result of Contractor's failure to pay any tax of any type due in connection with this Contract Agreement. Contractor shall ensure that the above sections are included in all subcontracts and sub -subcontracts, and shall ensure withholding on out of state sub and sub -subcontractors to which withholding is applicable. 22.04 Any and all notices required to be sent under the Contract or otherwise shall be sent to the following: If to the City: City of Anna Attn: City Manager 111 North Powell Parkway P.O. Box 776 Anna, Texas 79406 If to the Contractor: j1clerical\anna\2015-104 w foster crossing road wl\specs\contract\13-agreement.doc CA-23 Contract Agreement Section 23. ENTIRE AGREEMENT Aside from duly authorized Change Orders, any modification to this Contract Agreement must be supported by an additional, articulated consideration, and must either be in writing, executed by the parties hereto, or, if made orally, should be confirmed in writing, which writing should state the consideration which supports the modification. Failure to confirm an oral modification in writing shall constitute a waiver of any claim for additional compensation with regard to the oral modification. Nothing in this Section shall be construed to limit the City's authority to issue changes set forth in Section 14 herein. Section 24. SEVERABILITY If any term or condition of the Contract or the application thereof to any person(s) or circumstances is held invalid, this invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of the Contract are agreed to be severable. Section 25. WAIVER Waiver of any breach of any term or condition of this contract shall not be deemed a waiver of any prior or subsequent breach, and shall not entitle any party hereto to any subsequent waiver of any terms hereunder. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. IN WITNESS WHEREOF, the Parties have executed this Contract Agreement under their respective seals on the day and year first written above. CITY OF ANNA, TEXAS Philip Sanders, City Manager ATTEST: Carrie L. Smith, City Secretary (SEAL) (Contractor) BY: ATTEST - SECRETARY (SEAL) Lewis Dickerson, President jAclerical\anna\2015-104 w foster crossing road wl\specs\con1ract\13-agreement doc CA-24 Contract Agreement BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, that Dickerson Construction Company, Inc. (hereinafter called the Principal(s)), as Principal(s), and (hereinafter called the Surety(s)), as Surety(s), are held and firmly bound unto the CITY OF ANNA (hereinafter called the Obligee), in the amount of Six Hundred Fifty Thousand. Two Hundred Two and 00/100 Dollars ($ 650,202.00 ) (an amount equal to five percent of the Total Bid Price, including Cash Allowances and Alternate Bids, if any) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted on or about this day a proposal offering to perform the following project: W. FOSTER CROSSING ROAD WATER LINE NOW, THEREFORE, if the said Principal's bid as stated in its proposal is accepted by the City, and said Principal executes and returns to the City the number of original counterparts of the Contract Agreement required by the City, on the forms prepared by the City, for the work described herein and also executes and returns the same number of the Performance, Payment and Maintenance Bonds (such bonds to be executed by a Corporate Surety authorized by the State Board of Insurance to conduct insurance business in the State of Texas, and having an underwriting limitation in at least the amount of the bond) in connection with the work described herein, within the time specified, then this obligation shall become null and void; otherwise it is to remain in full force and effect. In the event that the Principal is unable to or fails to perform the obligations undertaken herein, the undersigned Principal and Surety shall be liable to the City for the full amount of this obligation which is hereby acknowledged as the amount of damages which will be suffered by the City on account of the failure of such Principal to perform such obligations, the actual amount of such damages being difficult to ascertain. Notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle, with proper postage affixed (certified mail, return receipt requested), addressed to the respective other party at the address prescribed in the Contract Documents, or at such other address as the receiving party may hereafter prescribe by written notice to the sending party. j:\c1erica1\anna\2015-104 w foster crossing road wl\specs\contract\14-bonds doc B-1 Bonds IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed this instrument this . day of , 2017. Surety By: Print Name: Title: Address: Phone/Fax: Dickerson Construction Company, Inc. Principal Print Name: Lewis Dickerson Title: President Address: P.O. Box 181 Celina, Texas 75009 Phone/Fax: {972) 382-2123 The undersigned surety company represents that it is duly qualified to do business in Texas and is listed on the U.S. Department of the Treasury list of approved sureties, and hereby designates , an agent resident in County, Texas, to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety By: Print Name: Address: Phone/Fax: NOTE: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney -in -Fact, we must have a copy of the Power of Attorney for our files, AND ATTACHED TO THIS BOND. jAclerical\anna\2015-104 w foster crossing road wl\specs\contract\14-bonds doc B-2 Bonds PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that Dickerson Construction Company. Inc. (hereinafter called the Principal(s)), as Principal(s), and (hereinafter called the Surety(s)), as Surety(s), are held and firmly bound unto the CITY OF ANNA (hereinafter called the Obligee), in the amount of Six Hundred Fifty Thousand, Two Hundred Two and 00/100 Dollars ($650,202.00) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written Contract Agreement with the Obligee, dated the day of , for the following project: W. FOSTER CROSSING ROAD WATER LINE and said Principal under the law is required before commencing the work provided for in said Contract Agreement to execute a bond in the amount of said Contract Agreement, which Contract Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code (Article 5472d for Private Work)' of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Agreement, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway 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 Agreement, or to the work to be performed thereunder. 1 Not applicable for federal work. See "The Miller Act," 40 U.S.C. S270 jAclerical\annaQ015-104 w foster crossing road wl\specs\contract\14-bonds doc B-3 Bonds IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed this instrument this day of , 20 Surety By: Print Name: Title: Address Phone/Fax: Dickerson Construction Company, Inc. Principal Print Name: Lewis Dickerson Title: President Address: P.O. Box 181 Celina, Texas 75009 Phone/Fax: (972) 382-2123 The undersigned surety company represents that it is duly qualified to do business in Texas and is listed on the U.S. Department of the Treasury list of approved sureties, and hereby designates , an agent resident in County, Texas, to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety By: Print Name: Address: Phone/Fax: NOTE: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. if signed by an Attorney -in -Fact, we must have a copy of the Power of Attorney for our files, AND ATTACHED TO THIS BOND. jAclencal\anna\2015-104 w faster crossing road w1\specs\contrac1\14-bonds doe B-4 Bonds PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, that Dickerson Construction Company, Inc. (hereinafter called the Principal(s)) as Principal(s), and (hereinafter called the Surety(s)), as Surety(s), are held and firmly bound unto the CITY OF ANNA (hereinafter called the Obligee), in the amount of: Six Hundred Fifty Thousand, Two Hundred Two and 00/100 Dollars ($650,202.00) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written Contract Agreement with the Obligee, dated the day of , for the: W. FOSTER CROSSING ROAD WATER LINE and said Principal under the law is required before commencing work provided for in said Contract Agreement to execute a bond in the amount of said Contract Agreement, which Contract Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said Contract Agreement, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Agreement, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway 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 Agreement, or to the work to be performed thereunder. jAclerical\annaM15-104 w foster crossing road wl\specs\contract\14-bonds doc B-5 Bonds IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed this instrument this day of , 20 By: Print Name: Title: Address: Phone/Fax: Dickerson Construction Company, Inc. Surety Principal Print Name: Lewis Dickerson Title: President Address: P.O. Box 181 Celina, Texas 75009 Phone/Fax: (972) 382-2123 The undersigned surety company represents that it is duly qualified to do business in Texas and is listed on the U.S. Department of the Treasury list of approved sureties, and hereby designates , an agent resident in County, Texas, to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. -�u rery By: Print Name: Address.- Phone/Fax: NOTE: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney -in -Fact, we must have a copy of the Power of Attorney for our files, AND ATTACHED TO THIS BOND. j:%clerical\anna\2015-104 w foster crossing road wl\specs\contract\14-bonds doc B-6 Bonds MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT Dickerson Construction Company, Inc. as PRINCIPAL, and a CORPORATION organized under the laws of , as SURETIES, do hereby expressly acknowledge themselves to be held and bound to pay unto the City of Anna, a municipal corporation at Anna, Collin County, Texas the sum of Six Hundred Fifty Thousand. Two Hundred Two and 00/100 Dollars ($ 650,202.00 ) for the payment which sum well and truly to be made until said City of Anna and its successors, said PRINCIPAL AND SURETIES do hereby bind themselves, their assigns and successors jointly and severally. THIS obligation is conditioned, however, that whereas said the Contractor, did on , 20 enter into a written Contract Agreement with the said City of Anna to build and construct: W. FOSTER CROSSING ROAD WATER LINE in the City of Anna, Texas which Contract Agreement and the Plans and Specifications therein mentioned adopted by the City of Anna, are hereby expressly made a part hereof as though the same were written and embodied herein. WHEREAS, under the Plans and Specifications, and Contract Agreement, it is provided that the CONTRACTOR 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 acceptance; it being understood that the purpose of this section is to cover all defective material, work or labor performed by said CONTRACTOR, its employees, sub -contractors, materialmen and assigns. NOW THEREFORE, if the said CONTRACTOR shall keep and perform its said agreement to maintain said work and keep the same in repair for the said maintenance period of two (2) years, as provided, then these presents shall be null and void, and have no further effect, but if default shall be made by the said CONTRACTOR in the performance of its Contract Agreement to so maintain and repair said work, then these presents shall have full force and effect, and said CITY OF ANNA shall have and recover from said SURETY, damages in the premises, as provided, and it is further agreed that this obligation shall be a continuing one against the SURETY, hereon, and that successive recoveries may be had thereon for successive breaches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. j:\clerical\anna\2015-104 w foster crossing road wl\specs\contract\14-bonds doc B-7 Bonds IN WITNESS WHEREOF, the said Dickerson Construction Company, Inc. (Contractor) has caused these presents to be (Surety Co.) executed by its ATTORNEY -IN -FACT and the said ATTORNEY -IN -FACT has hereunto set his hand this the day of 20 Surety By: Print Name: Title: Address: Phone/Fax: Dickerson Construction Company, Inc. Principal Print Name: Lewis Dickerson Title: President Address: P.O. Box 181 Phone/Fax Celina, Texas 75009 (972) 382-2123 NOTE: If signed by an officer of the Surety Company,there must be on file a certified extract from the by-laws_showinq that this person has authority to sign such obligation. If signed by an Attorney -in -Fact, we must have a copy of the Power of Attorney for our files, AND ATTACHED TO THIS BOND. j:\clerical\anna\2015-104 w foster crossing road w1\specs\contrac1\14-bonds.doc B-8 Bonds CJVA Mor AM the e"nmibnenft MU M_-,ke' BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, Dickerson Construction Company, Inc. Principal and Continental Casualty Company Surety, are held and firmly bound unto City of Anna , Obligee, in the sum of Five Percent of the Greatest Amount Bid---- Dollars ($ 5% of G.A.B.) for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for Foster Crossing Road Water Line NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be null and void; otherwise to remain in full force and effect. Signed, sealed and dated October 12, 2017. CNA �� ROYAI7 tM E6RIII111TOWtf Kou "AW By: Dickerson Construction Company, Inc. (Principal) (Seal) ntinental Casualty Company (Sur By, Roxanne G. Brune, A.«crney-in-Fact POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company (herein called "the CNA Companies"), are duly organized and existing insurance companies having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint Sue Kohler, David R Groppell, Beverly A Ireland, Sharen Groppell, Roxanne G Brune, Sharon Cavanaugh, Kurt A Risk, Francine Hay, Gloria Villa, Individually of Houston, TX, their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seat and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the insurance companies. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 1 st day of August, 2016, .01GASUq,,. 14SI1g4* 4%`�appMrft . CORPORArp Q *CUFDPA ;~ mtY 31. $s SEAL 1897 HA0 ■ Continental Casualty Company National Fire Insurance Company of Hartford American Cis ilty Company of Reading, Pennsylvania J� Paul T. Bruflat Vice President State of South Dakota, County of Minnehaha, ss: On this 1 st day of August, 2016, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company described in and which executed the above instrument; that he knows the seals of said insurance companies; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance companies. J. MOHR �reoruirruaeK 3pinl W1.Aa 7)j, My Commission Expires June 23, 2021 J. Mohr Notary Public CERTIFICATE I, D. Bult, Assistant Secretary of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this 12th day of October X 2017 aw r,AS 4r. & 1112"&. OP 2 COPPOAAre o ` 091w4kro ;Av SEAL v Bol 18ti7 � HAA'SF� ■ Form F6853-4/2012 Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania D. Bult Assistant Secretary Authorizing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company at a meeting held on May 12, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of Continental Casualty Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unomiinous written consent dated the 230 day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of National fire Insurance Company of Hartford. This Power of Atfornay is signed and scaled by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25's day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of American Casualty Company of Reading, Pennsylvania. This Power of Attorney is signed and seated by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimo..us written consent dated the 251h day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." Figure: 28 TAC §1.601(a)(3) 1 IMPORTANT NOTICE To obtain information or make a complaint: 2 You may contact Continental Casualty Company, National Fire Insurance Company, American Casualty Company or Continental Insurance Company at 312-822-5000, 3 You may call Continental Casualty Company, National Fire Insurance Company, American Casualty Company or Continental Insurance Company's toll -free telephone number for information or to make a complaint at: 1-877-672-6115 4 You may also write to Continental Casualty Company, National Fire Insurance Company, American Casualty Company or Continental Insurance Company at: CNA Surety 333 South Wabash Chicago, IL 60604 5 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 6 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-Mail: Consu merP rotectio n@td i. state. tx.us 7 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact Continental Casualty Company, National Fire Insurance Company, American Casualty Company or Continental Insurance Company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8 ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Form F8277 AVISO IMPORTANTE Para obtener informacion o para someter una queja: Puede comunicarse con Continental Casualty Company, National Fire Insurance Company, American Casualty Company or Continental Insurance Company al 312-822-5000. Usted puede Ilamar al numero de telefono gratis de Continental Casualty Company, National Fire Insurance Company, American Casualty Company or Continental Insurance Company's para informacion o para someter una queja al: 1.877-672-6115 Usted tambien puede escribir a Continental Casualty Company, National Fire Insurance Company, American Casualty Company or Continental Insurance Company: CNA Surety 333 South Wabash Chicago, IL 60604 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P.O,Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-Mail: ConsumerProtection@tdi.state.tx.us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el Continental Casualty Company, National Fire Insurance Company, American Casualty Company or Continental Insurance Company primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI), UNA ESTE AWSO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. DICKERSON CONSTRUCTION COMPANY, INC. P. O. BOX 181 CELINA, TEXAS 75009 Ph. (972) 382-2123 or (972) 382-2782 fax (972) 382-2043 email dee.jld@sbeglobal.net Established 1968 Lewis Dickerson — President Blake Dickerson — Vice President Jerry Dickerson — Secretary/Treasurer Types of Construction Performed: Pipeline — water, sewer, storm sewer Sewer Lift Stations and plants Water Pump Stations Concrete — structural, paving Excavation Bonding: Agent — Marsh & McLennan Agency, LLC — Houston, TX Insurance: Monroe Guaranty Insurance Company Agent - Keystone Southwest Insurance Agency - Rockwall, TX Employee Experience: Lewis Dickerson — all phases and types of construction performed Over 40 years experience Blake Dickerson --- all phases and types of construction performed Over 25 years experience Cecil Joslin —pipeline, lift station, excavation, concrete Over 30 years experience — Superintendent Hilario Mercado — pipeline, lift station, excavation, concrete Over 20 years experience - Superintendent DICKERSON CONSTRUCTION COMPANY, INC. P. O. BOX 181 CELINA, TEXAS 75009 (972) 382-2123 fax (972) 382-2043 email: dcc.jld@sbcglobal.net C Na9INW127.1119-1 %1Is] I CUSTOMER NAME: DICKERSON CONSTRUCTION COMPANY, INC. 1130 N. LOUISIANA DRIVE P. O. BOX 181 CELINA, TEXAS 75009 PHONE NUMBER: FAX NUMBER: TYPE OF BUSINESS: IN BUSINESS SINCE: INCORPORATED: FEDERAL ID#: OWNERSHIP: PRESIDENT: SECRETARYITREASURER ANNUAL SALES: NET INCOME: NET WORTH: (972)382-2123 (972) 382-2043 UTILITY PIPELINE CONSTRUCTION 1968 1978 75-1622797 LEWIS DICKERSON P. O. BOX 181 CELINA, TX 75009 JERRY DICKERSON P. O. BOX 181 CELINA, TX 75009 $3 M $1.8 M $2 M D.L.# 05321393 HOME PHONE # (972) 382-2755 D.L.# 05903585 HOME PHONE # (972) 382-2755 BONDING: MARSH & McLENNAN AGENCY, LLC 2500 CITY WEST BOULEVARD, SUITE 2400 HOUSTON, TX 77042 PHONE # (713) 780-6100 REFERENCES: LEGACY TEXAS BANK ACC # 20027219 H D SUPPLY WATERWORKS ACC # 155674 FERGUSON WATERWORKS ACC # 26268 P. O. SOX 869111 PLANO, TX 75086 7197 LATHAM DR. RICHLAND HILLS, TX 76118 2650 S. PIPELINE RD EULESS, TX 76040 PHONE # (972) 461-1300 FAX # (972) 461-4814 PHONE # (817) 595-0580 FAX # (214) 905-0768 PHONE # (817) 858-0714 FAX # (817) 540-8022 REDI-MIX CONCRETE 331 NORTH MAIN PHONE # (817) 835-4100 ACC # 1700056 EULESS, TX 76039 Section 00 45 43 RESOLUTION OF CORPORATION I hereby certify that it was RESOLVED by a quorum of the directors of Dickerson Construction Company,Inc [Name of Corporation / Contractor] meeting on this 31 St~ day of December 120 0 6 that Lewis Dickerson [Corporate Representative] be, and hereby is, authorized to act on behalf of the Corporation, as its representative, in all business transactions conducted in the State of Texas, and that the above resolution was unanimously ratified by the Board of Directors at said meeting and that the resolution has not been rescinded or amended and is now in full force and effect; and in authentication of the adoption of this resolution, I subscribe my name and affix the seal of the Corporation on this 20th day of, July 2015 [Seal] Secretary/Assistant Secretary END OF SECTION Section 00 45 43 Page I of I CITY OF CELINA INTERCEPTOR CONNECTION TO STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS DOE BRANCH TRUNK SEWER -. PHASE 4 3551-14.141 QUALIFICATIONS STATEMENT THE INFORMATION SUPPLIED IN THIS DOCUMENT IS CONFIDENTIAL TO THE EXTENT PERMITTED BY LAWS AND REGULATIONS 1. SUBMITTED BY: Official Name of Firm: Address: 2. SUBMITTED TO: 3. SUBMITTED FOR: Owner: Project Name: TYPE OF WORK: 4. CONTRACTOR'S CONTACT INFORMATION Contact Person: Title: Phone: '� -t" a�Q�� 1 — Email: UL' C 1 1 or /�% S C g�lU L I 5. AFFILIATED COMPANIES: Name: Address: E1CDC' C4S1, Qualifications Statement. Copyright © 21313 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 8 6. TYPE OF ORGANIZATION: ❑ SOLE PROPRIETORSHIP Name of Owner: Doing Business As: Date of Organization: ❑ PARTNERSHIP Date of Organization: Type of Partnership: Name of General Partner(s): CORPORATION State of Organization: Date of Organization: Executive Officers: - President: - Vice President(s): r 4 ` -Treasurer: - Secretary: EJCDC' C-451, Qualifications Statement. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 8 7. LICENSING 8. CERTIFICATIONS Jurisdiction: Type of License: License Number: Jurisdiction: Type of License: License Number: Disadvantage Business Enterprise: Minority Business Enterprise: Woman Owned Enterprise: Small Business Enterprise: Other 9. BONDING INFORMATION Bonding Company: Address Bonding Agent: CERTIFIED BY: - r�r Address: D J i Contact Name: r Phone: 7/3 ~ 2E O - 6 (a Q Ala Aggregate Bonding Capacity: Available Bonding Capacity as of date of this submittal: E1CoC' C-451, Qualifications Statement. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 9 L—L 10. FINANCIAL INFORMATION Financial Institution: Address: 4zti % o Account Manager: Phone: 9 '2,q - ! - / 3 O INCLUDE AS AN ATTACHMENT AN AUDITED BALANCE SHEET FOR EACH OF THE LAST 3 YEARS 11. CONSTRUCTION EXPERIENCE: Current Experience: List on Schedule A all uncompleted projects currently under contract (If Joint Venture list each participant's projects separately). Previous Experience: List on Schedule B all projects completed within the last 5 Years (If Joint Venture list each participant's projects separately). Has firm listed in Section 1 ever failed to complete a construction contract awarded to it? OYES NO If YES, attach as an Attachment details including Project Owner's contact information. Has any Corporate Officer, Partner, Joint Venture participant or Proprietor ever failed to complete a construction contract awarded to them in their name or when acting as a principal of another entity? ❑ YE\Slg] NO If YES, attach as an Attachment details including Project Owner's contact information. Are there any judgments, claims, disputes or litigation pending or outstanding involving the firm listed in Section 1 or any of its officers (or any of its partners if a partnership or any of the individual entities if a joint venture)? ❑YES g ] NO If YES, attach as an Attachment details including Project Owner's contact information. EJCDC C-451, Qualifications Statement. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Cavil Engineers. All rights reserved. Page 5 of 8 12. SAFETY PROGRAM: Name of Contractor's Safety Officer:, Include the following as attachments: Provide as an Attachment Contractor's (and Contractor's proposed Subcontractors and Suppliers furnishing or performing Work having a value in excess of 10 percent of the total amount of the Bid) OSHA No. 500- Log & Summary of Occupational injuries & Illnesses for the past 5 years. Provide as an Attachment Contractor's (and Contractor's proposed Subcontractors and Suppliers furnishing or performing Work having a value in excess of 10 percent of the total amount of the Bid) list of all OSHA Citations & Notifications of Penalty (monetary or other) received within the last 5 years (indicate disposition as applicable) - IF NONE SO STATE. Provide as an Attachment Contractor's (and Contractor's proposed Subcontractors and Suppliers furnishing or performing Work having a value in excess of 10 percent of the total amount of the Bid) list of all safety citations or violations under any state all received within the last 5 years (indicate disposition as applicable) - IF NONE SO STATE. Provide the following for the firm listed in Section V (and for each proposed Subcontractor furnishing or performing Work having a value in excess of 10 percent of the total amount of the Bid) the following (attach additional sheets as necessary): Workers' compensation Experience Modification Rate (EMR) for the last 5 years: YEAR EMIR YEAR EMR -C1tt0,&kk YEAR EMR YEAR EMIR YEAR EM R Total Recordable Frequency Rate (TRFR) for the last 5 years: YEAR TRFR YEAR TRFR YEAR TRFR YEAR TRFR YEAR TRFR EICDC' C-051, Qualifications Statement. Copyright Q 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 8 Total number of man-hours worked for the last 5 Years: YEAR TOTAL NUMBER OF MAN-HOURS YEAR TOTAL NUMBER OF MAN-HOURS YEAR TOTAL NUMBER OF MAN-HOURS YEAR TOTAL NUMBER OF MAN-HOURS YEAR TOTAL NUMBER OF MAN-HOURS Provide Contractor's (and Contractor's proposed Subcontractors and Suppliers furnishing or performing Work having a value in excess of 10 percent of the total amount of the Bid) Days Away From Work, Days of Restricted Work Activity or Job Transfer (DART) incidence rate for the particular industry or type of Work to be performed by Contractor and each of Contractor's proposed Subcontractors and Suppliers) for the last 5 years: YEAR DART YEAR DART YEAR DART YEAR DART YEAR DART 13. EQUIPMENT: MAJOR EQUIPMENT: List on Schedule C all pieces of major equipment available for use on Owner's Project. EJCDC C-451, Qualifications Statement. Copyright© 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 8 WORKERS COMPENSATION EXPERIENCE RATING Cm�?:. Risk Name: DICKERSON CONSTRUCTION COMPANYINC Risk ID: 420377843 Rating Effective Date: 03/06/2016 production Date: 10/21/2015 State: TEXAS 7X, 09 39,;6 33;312 31.690 0 3}00568 �;;�:���p;�� {r':rh:i.`.:ur. �i:'{}:""f•Y:S's^`�;iof}:3:55 j�-ha:ycrdi'::-t.SHi73 r. •'G:f$ :c,;"s^,-'.,.. }s .; ,,,. vr. 4:t �'7C'�*%�SIS: .:�']Cw'9( ��.. .�-'-:�:RtTk3%:%:: {.,a:.�:�:•.3�:.....-. :..:�...tE�.�-:a�t:3•.�}-.�.itt�<�'--..�.+.::,��o,>4'> .....:...:. :::. ly;::.�r:::: o>:;.:,�:{.:.:.:...,..,-.;-.�:.y:::::::::a::?.,�:::•o;}>;;:::::<:•x.+?r :v:.-,.. ....:. -... �}So-.::..; .,, .;,,• „a ..}}.... .. r...}, .,c,:,r: :.v..�e.: :fit.. .. :..M;.gy; ji .w 41 :.>�!?S'3C,S� �,:�:R'S:3f;S:-;r:<i? <.'f::iisseS:::tz:r, .�.��( .y;:+: +:n$`'i:.{:.:.:{:;: r.'i:.'iC:::sfi:d}-.:...:.:�'..:.<•:ai<:� I.09I I 19,622 31,312i 11,6901 01 23,0001 1701 170] ::.?t:�^LL`:?»;:{;:; .�'..?�. ..:.f,4i3r#ra^.x. �:ars;;;4.: ., xC.. .. ..•Q o- ,: 4:s ......- ... ...............:: ..:........ �:.::.::....:. �.: �::.:..: .....:.::: ...-,: :::.x;ti'•iez� ...: ...3#...,.ur , .,a.:{u.<::� �-...:.: xri.:;r. :y,.y: :..:.. ..:. t t ;r:,:y r.... ...:....-:.?:{'.;`.':::�;::>: ...........:: ..:::::r-;..,.;..::::::.,:.�::::: •::::::::::: :-,:{::::..::. ::,....................Y... »::...::...........,..... .. .,�:,� .•..,... •rSE..,:,•:`.S.S::.... .. ::.LY.a. :.axc... ,tr:�:�i....... ... ,::::,k{.o-r.r..Y:eir..:y.-......-.::.:: i:::Siri:::::3::;:;%%:i:Y;�: (I) C * 0 - A) •f• G (A) * (F) (J) Actual 1 170 40,856 0 41,026 (E} C (1 - A) i =G, '(A) Expected 11:,690 40.,856 � 1, 766 54,312 A#EAf' 3~E-ARA0.fiA�' �JtAA t� �i�a kAt� (J)1 (K) Factors 76 RATING REFLECTS A DECREASE OF 70% MEDICAL ONLY PRIMARY AND EXCESS LOSS DOLLARS WHERE ERA IS APPLIED. Ma,'YLiu.�,�.ui w"k 37, yi> 9Copyright 1M-2015, All rights reserved. This product is comprised of compilations and Wormation which are the proprietary and exclusive property of the National Council on Compensation insurance, Inc- (NCCO. No further use, dissemination, sale, transfer, assignment or disposition of this product, in whose or in part, may be made wilhioul the prior written consent of NCCI. This product is fumed "As fs" "As available"'With ail defects° and includes niormailon available at the time of publication only. NCCI makes no represerti&VOns or warranties of any kind relatng to the product and hereby expressly disclaims any and all express, syatutory, or implied warranties, including the implied warranty of merchantability, fitness for a particular purpose, accuracy, completeness, currentness, or correctness of any information or product furnished hereunder. All responsibility for the use of and for any and all resuhs derived orobtaned through the use of the product are the end user's and NCCI shall not have any liability thereto. Page t of 3 WORKERS COMPENSATION EXPERIENCE RATING OV--E).Risk Name: DICKERSON CONSTRUCTION COMPANYINC Risk ID: 420377843 Rating Effective Date: 0310612015 Production Date: 1011612014 State: TEXAS State Wt Ezp Excess Expected" Exp Prim' Act F�cc Losses t3ailask` AcE Eric Lasses Actt'1 r -. Losses Losses Losses Losses Tx .09 17,44 4,7501 61,6161 7.9631 92,184 10,568 (A) (S (C) Exp Excess _._._22,1921 (D) Expected I (E) IAxp Prirn Ll (F} Act EXG. (G) Ballast (N} Act Inc (I) Act. Prim Wt Losses (i3-E) Losses. Lj. Losses L Losses(H -I) Lasses Losses I.09 1 17,442 22,192 4,7501 81,6161 7,9631 92,1841 10,568 :Primary Lasses Stabilizing Value Ratable Excess _I Totals (I) C' (1 A) + G (A) (F) (J) Actual 10,568 23,835 7,345 41,748 (E) C ' (1 - A) f G (A) t (C) (K) Expected 4.750 23,835 1,570 30155 RAP " FLARAFriSP; ,r, =� NfAARAP > . Exp'.Mod . . . ., (J) / (K) Factors 1.38 REVISED RATING CONTINGENT RATING REVISED RATING TO INCLUDE UPDATED DATA FOR: TX, POL. #: 0001129389, FFF.: 03/06/2011 J Copyright 1993-2014, All rights reserved. This product is comprised of compilations and information which are the proprietary and exclusive property of the National Council on Compensation Insurance, Inc. (NCCI). No further use, dissemination, sake, transfer, assignment or disposition of this product, in whole or in part, may be made without the prior written consent of NCCI. This product is furnished "As is" "As available' "With all defects" and includes irtiormalion available at the time of publicafibn only. NCCI makes no representations or warranties of any kind relating to the product and hereby expressly disckaims any and al[ express, statutory, or implied warranties, including the implied warranty of merchantability, fitness i for a particular purpose, accuracy, completeness, currentness, or correctness of any information or product furnished hereunder. All responsibility for the use of and for any and all results I derived or obtained through the use of the product are the end users and NCCI shall not have any IiabilRy thereto. i Page 2 of 3 WORKERS COMPENSATION EXPERIENCERATING Risk Name: DICKERSON CONSTRUCTION COMPANYINC Risk il): 420377843 Rating Effective Date: 03/W2014 Production Date: 10/0812013 State: TEXAS State' tNt 5RP t Exp EXcOss . ` Expected -Exp Prim Act Exc Losses =:Losses .- Losses 'Lasses.. r, r Ballast Act Inc. Losses -Act Prim ;' Losses.'-' (A) (B),-(C):Exp Wt .';.. _�:osses(D•l:y,; Excess , _ (;))Expected , - , (E) Exp-Prim , --.:,:(F) Act.Exc :- (Gy F3altast Losses Losses :LosdeS(H•ly. 'r - ,(Hy Act ine ; {1) Act Prjm Losses, tAsses ; Primary Losses. Value Ratable Excess r, Totals , �.■ { ARAP,). ARAP SARAP- MAARAP °r Exp Mod Carrier: 29939 - 000 Policy: 0001129389 Eff-Date: 03106/2013 E=xp-Date: 0310612014 %- WvA j 3 a, 3 a� Copyright 1993-2013, AH rights reserved. This experience modification factor is comprised of compllatons and irformaton which are fie propnetary and exclusNe property of the National Council on Compensatbn Insurance, Inc. (NCCI). No hither use, dissemmaVon. safe, transfer, assgnment or disposition d this experience rating moddi"tion factor or any part thereof may be used wr7hout the written consentof NCCI. NCCI makes no represeritaton or warranty, expressed or implied, as to any matter whatsoever including but not limited to the accuracy of arty information, product or service furnished hereunder and. as to NCC3, recipient of this experience rating modification factor subscribes to and uthzes the information service'as is'. V - Page t of 2 HEREBY CERTIFY THAT THE INFORMATION SUBMITTED HEREWITH, INCLUDING ANY ATTACHMENTS, IS TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. NAME OF ORGANIZATION: TITLE DATED: NOTARY ATTEST:/'� " xt'� SUBSCRIBED AND SWORN TO BEFORE ME THIS Z DAY OF (0—CAL , 20J 7 NOTARY PUBLIC- STATE OFJ-C�LA4-) MY COMMISSION EXPIRES: 3 REQUIRED ATTACHMENTS 1. Schedule A (Current Experience). 2. Schedule B (Previous Experience). 3. Schedule C (Major Equipment). 77V 1©-132--12 pta�Y„PL ,J FANCY LITTLE f Notary Public, State of Texas My Commission Expires March8,2018 4. Audited balance sheet for each of the last 3 years for firm named in Section 1. 5. Evidence of authority for individuals listed in Section 7 to bind organization to an agreement. 6. Resumes of officers and key individuals (including Safety Officer) of firm named in Section 1. 7. Required safety program submittals listed in Section 13. 8. Additional items as pertinent. EJCDV C-451, Qualifications Statement. Copyright t0 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 of 8 To: Owner Address THIS IS TO CERTIFY THAT CERTIFICATE OF INSURANCE Project Type of (Name and address of insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the types of Insurance and In accordance with the provisions of the standard policies used by this Company, and further hereinafter described. Exceptions to standard policy noted on reverse side hereof. TYPE OF INSURANCE Policy No. Effective Expires Limits of Liability Workmen's 1 Person $ Compensation 1 Accident $ Public 1 Person $ Liability 1 Accident $ Property Damage Builder's Risk Automobile Other The foregoing Policies (do) (do not) cover all sub -contractors, Locations Covered: Descriptions of Operations Covered: The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than five days after the insured has received written notice of such change or cancellation. Where applicable local laws or regulations require more than five days actual notice of change or cancellation to the insured, the above policies contain such special requirements, either in the body thereof or by appropriate endorsement thereto attached. (Name of Insurer) By: Title: Certificate of Insurance Page 1.of2 AC"R"0 CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDlYYYY, ��. 4/11/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS i CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES i BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED j REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. r IMPORTANT; If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, Certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Keystone Southwest Insurance Agency CONTACT Jennifer Edwards NAME: PHONE . (972) 771-3861 WC No: (972)772-1021 E-MAIL-ADDRESS: jedwards@ kswins. com P O Box 1747 INSURERS AFFORDING COVERAGE NAIC N INSURER A Monroe Guaranty Insurance Company Rockwall TX 75087 INSURED INSURERB:FCCI Insurance Com an INSURERC:FCCI Insurance Group Dickerson Construction Cc., Inc. INSURERD:Hanover Insurance Com an 7130 N Louisiana Dr INSURER E : Celina yp TX 75009 INSURERF: COVERAGES CERTIFICATE NUMBER:17-18 REVISION NUMBER: THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE LTR APDLTSU6R D WVD POLICY NUMBER POLICY EFF MMIDDiYYYY) POLICY EXP (MMiDDIYYYYI LIMITS ' X ',,, COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE lil OCCUR PREMISES E.Eoccurence $ 100,000 MED EXP (Any one person) $ 10,000 _] CPP0022308 4/11/2017 4/11/203.8 PERSONAL & ADV INJURY $ 1,000,000 • GENERAL AGGREGATE Is 2 , 000 , 000 GFN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2,000,000 POLICY LJ PRO- LOC JECT Employment Practices Liab Ins $ 100,000 OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO B ALL OWNED SCHEDULED AUTOSNOWO CA 100012687 4/11/2017 4/11/2018 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ _.AUTOS VNED ' HIRED AUTOS AUTOS AUTOS Uninsured motorist combined $ 1 , 000 , 000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 B EXCESS LIAB CLAIMS -MADE $ — DEO X RETENTION$ 10,000 Uma0023310 4/11/2017 4/11/2018 WORKERS COMPENSATION X IPER STATUTE ERH AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE� E.L. EACH ACCIDENT $ 1,000,000 ' OFFICERIMEMBER EXCLUDED? C ;I Mandatory in NH) N I A WC00004037 10/3/2017 10/3/2018 EL. DISEASE - EA EMPLOYEE S 1,000,000 If yes describe under DESCRIPTION OF OPERATIONS below E-L- DISEASE -POLICY LIMIT $ 1,000 000 D Contractor's Equipment IRDA897864-01 4/11/2017 4/11/2018 LeasedlRented Equipment $25,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) IThe General Liability and Business Auto policies include blanket additional insured endorsements that ,provide additional insured status to any person or organization when there is a written contract that requires such status. The General Liability, Business Auto, and Workers Compensation policies include blanket waivers of that provide a waiver of subrogation to any person or organization when there is a written i ,subrogation icontract that requires such status. I Insured's Copy k;ANi I=LLA I IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE. i - R Allen & Assoc/JENNF ACORD 25 (2014/01) INSO251i014n1 i 01988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SCHEDULE A CURRENT EXPERIENCE Project Name Owner's Contact Person Design Engineer Contract Date Type of Work Status Cost of Work () Name: Name: Address: Telephone: Company: Telephone: Name: Name: Address: Company: Telephone: Telephone: Name: Name: Address: Company: Telephone: Telephone: Name: Name: Address: Company: Telephone: Telephone: Name: Name: Address: Company: Telephone: Telephone: Name: Name: Address: Company: Telephone: Telephone: Name: Name: Address: Company: Telephone: Telephone: EJCDC' C-451, Qualifications Statement. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 4 SCHEDULE B PRFVInt IS FXPFRIFNCF (Include ALL Proiects Comoleted within last 5 vears) Project Name Owner's Contact Person Design Engineer Contract Date Type of Work Status Cost of Work Name: Name: J� Address: Company: Telephone: Telephone. Name: Name: Address: Company: Telephone: Telephone: Name: Name: Address: Company: Telephone: Telephone: Name: Name: Address: Company: Telephone: Telephone: Name: Name: Address: Company: Telephone: Telephone: Name: Name: Address: Company: Telephone: Telephone: Name: Name: Address: Company: Telephone: Telephone: EJCDC' C-451, Qualifications Statement. Copyright d 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 4 DICKERSON CONSTRUCTION COMPANY, INC. P. O. BOX 181 CELINA, TEXAS 75009 Ph. (972) 382-2123 or (972) 382-2782 fax (972) 382-2043 email: dccjld@sbcglobal.net CURRENT CONTRACTS CITY OF SANGER No. Interstate 35 Outfall Sewer Phase II Contract Amount $1,594,118.00 Engineer - Pacheco Koch CITY OF DENTON Pecan Creek Water and Sewer Interceptor IV Contract Amount $1,03 8,187.00 CITY OF VAN ALSTYNE 2017 Dallas St. Waterline/Shreveport Sewer Contract Amount $263,273.00 Engineer - McManus & Johnson COMPLETED CONTRACTS CITY OF MELISSA Davis Road Sewer Interceptor Contract Amount $1,108,157.00 City of Melissa Date of Completion 7/17 CITY OF DENISON FM 1417 12" Water Contract Amount $247,737.00 Teague, Nall & Perkins Date of Completion 7/17 CITY OF JUSTIN 2015 Water System Improvements Contract Amount $1,079,884.00 Pacheco Koch Date of Completion 10/16 CITY OF DENTON NETTIE SCHULTZ Woodhaven Street Sanitary Sewer Replacements Contract Amount $1,005,573.00 Jim Wilder, P.E. Date of Completion 09/16 SCHEDULE C - LIST OF MAJOR EQUIPMENT AVAILABLE ITEM PURCHASE DATE CONDITION ACQUIRED VALUE EICDC' C-451, Qualifications Statement. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 4 DICKERSON CONSTRUCTION & JLD TRUCKING EQUIPMENT LIST 2016 DC# Item Description VIN# $ Value 24 # 1 MH42A BRODERSON MOBILE HAMMER 631 $5,000 26 # 2 CASE 110 ROLLER 1167626 $1,000 32 # 3 CASE 1450 LOADER 8381076 $8,000 42 # 4 1976 RD101A INTERNATIONAL BORING MACHINE 1045 $2,500 74 # 5 IGALION 150 F CRANE 8543 I/N 8300 $8,000 77 # 6 LINCOLN 200 AMP WELDER A982968 $1,725 89 # 7 GARDNER DENVER AIR COMPRESSOR SPFRHA SIN 219OF-01 513609-T $2,500 100 # 8 1986 JOHN DEERE 644D WHEEL LOADER 511043 $8,000 103 # 9 DUO -PACT 1400P W/BLADE 1400-0487 $3,500 106 1#110 DUO -PACT 1400P W/BLADE 1400-0522 $3,500 114 # 11 JOHN DEERE 570A MOTOR GRADER 8864 $10,000 125 # 12 JOY PORTABLE AIR COMPRESSOR 161900 $2,500 126 # 13 VERMEER T-800 B DIGGER 1VRE250E3F1000473 $12,500 138 # 14 SPECTRA -PHYSICS LASER MODEL 910 W/DETECTOR MODEL 1007-1 3465 $1,000 148 # 15 CASE 850D DOZER 7403401 $15,000 155 # 1611981 CASE 1150C CRAWLER TRACTOR 730856 $12,000 177 # 17 426B CATERPILLAR BACKHOE LOADER 6KLO1447 $15,000 178 # 18 CASE DOZER 1150E JAK0008574 $18,000 179 # 19 CATERPILLAR E70B EXCAVATOR 5TG594 $10,000 187 # 20 LASER DIALGRADE LEVEL 1250 HPS 3347 $1,000 190 # 21 BOBCAT LOADER MODEL 743B 509325403 $4,000 192 # 22 JD 5300 TRACTOR & JD 540 LOADER LV5300E531965 $15,000 207 # 23 DRESSER INTERNATIONAL TD-25C CRAWLER TRACTOR 43600644005389 $20,000 208 # 24 JJD TC54H WHEEL LOADER DWTC54H 565218 $30,000 210 # 25 1998 LINKBELT 3900 HYD. EXCAVATOR W/1987 C&P BUCKET H218-9156 $25,000 218 # 26 42B BORING MACHINE 0509971249 $20,000 226 # 27 JD TC54H WHEEL LOADER {CANCELLED 09l131161 DWTC54H577737 228 # 28 CLEVELAND 400W TRENCHER OBL $8,000 229 1#129 JD 410G WHEEL LOADER BACKHOE T04100GX901255 $30,000 234 # 30 1987 TRENCOR TRENCHER 83OL-115 $25,000 235 # 31 DIAL GRADE LASER & TRIPOD 10026 & 10954 $1,000 240 # 33 375 ATLAS COMPRESSOR MODEL XAS175JD H621552 $5,000 245 # 34 IJOHN DEERE TC54H WHEEL LOADER DWTC54H587699 $40,000 246 # 35 CLEVELAND 247 CRAWLER TRENCHER 721748 $5,000 248 # 36 JOHN DEERE 410G BACKHOE TO41 OGX929329 $40,000 249 # 37 JOHN DEERE 410G BACKHOE TO41 OGX929349 $40,000 250 # 38 2000 VACTRON PMD GT 800 GAL VAC. TRAILER 201538 $10,000 251 # 39 570M XT CASE LOADER JJG0301391 $20.000 255 # 40 2005 450CLC JOHN DEERE EXCAVATOR FF450CX091764 $100,000 # 41 TOOLS VALUED AT </_ $1000 $18,000 267 # 42 1994 GMC VAN TRUCK (CONTENTS ONLY) 1 GDG6H1J2RJ514079 $16,500 270 # 43 QUINCY AIR COMPRESSOR QT-5 QB1002240063 $500 271 # 44 JINGERSALL RAND AIR COMPRESSOR 1002230073 $500 279 # 45 2011 HITACHI ZX350 LC-3 EXCAVATOR (insured for $200,000) IFFASPDXLA0920527 $280,000 284 # 46 930K CATERPILLAR WHEEL LOADER ORHN00620 $165,000 293 # 47 2014 JD 6140D CAB TRACTOR & JD H310 LOADER 1P06140DKEM051011 $63,000 W/JD H310 LOADER 1 POH310XPED009447 $6,000 294 # 48 AZ480 ASPHALT ZIPPER 148HDO133 $7,907 297 # 49 TUGGER PULLING UNIT MODEL # GTU360000 11441248 $21,538 298 # 50 TOPCON TP-L5 LASER WILED PLUMB RRO182 $3,600 301 # 53 2015 HITACHI ZX30OLC-6 EXCAVATORIBACKHOE 1 FFDDP70EFF840037 $233,598 303 # 54 2010 JD 644K RUBBER TIRE LOADER 1 DW644KZTA0631726 $75,000 305 # 55 2007 JD 850J LT DOZER 4886 $60,000 306 1#156 2000 ASPHALT ZIPPER SP211 HP3 1100490 $7,000 308 1#15712016 JD 410L LOADER BACKHOE WI#146350-5 BUCKET 11T0410LXJGF301494 $110,321 $1,647,189 Dickerson Construction Company, Inc. Statement of Income and Retained Earnings Year ended November 30, 2016 Contract revenue 3,313,721.07 Contract costs' Contract costs (see schedule) 2.271,885,37 Depreciation - productive 207,593.30 Total contract costs 2,479,478.67 Gross profit on contracts 834,242.40 General and administrative expenses.' General & administrative expenses (see schedule) 258,241,73 Depreciation - nonproductive 402,74 Total general and administrative expenses 258,644.47 income (loss) from operations 675,597.93_ Other income (expense): Gains on sales of assets 96 111,858. Interest income 1168 ,63.07 Refunds - State Fuel Tax 63. Miscellaneous income 25,278.41 Officer's life insurance - (Note 10) (36,488,60 Net other income (expense) 115,657.52 Net income floss) before income taxes 691,255.45 Provision} for income taxes (Note 7) 193,631.82 Net income (loss) 497,623.63 Retained earnings, beginning of year 1,921,538.04 Dividends Paid to Shareholder (48,856.57) Retained earrings, end of year S 2,370,305.10 See accompanying notes and independent accountants' review report. Andre + Associates P.C. -5- TABULATION OF BIDS Date: October 12, 2017 Project: CITY OF ANNA, TEXAS BIRKHOFF, HENDRICKS & CARTER, L.L.P. W. Foster Crossing Road Water Line PROFESSIONAL ENGINEERS Dallas, Texas BID OF BRCT, LLC dba Blackrock Construction 1475 Heritage Pkwy., Suite 113 Mansfield, Texas 76063 BID OF Dickerson Construction Co., Inc. P.O. Box 181 Celina, Texas 75009 BID OF ANA Site Construction, LLC 10100 Horseshoe Nail Dr. Pilot Point, Texas 76258 Item No. Approximate Quantities Unit Description Unit Bid E Price Extension nit Bid Price Extension Unit Bid Price Extension BASE BID 1 6,318 L.F. Furnish & Install 12-hich Waterline with Embedment by Open Cut $53.00 $ 334,854.00 $55.00 $ 347,490.00 $46.85 $ 295,998.30 2 280 L.F. Furnish & Install 12-hich Waterline with 24-Inch Steel Encasement Pipe (1/4" Thick Wall) by Other Than Open Cut $350.00 $ 98,000.00 $345.00 $ 96,600.00 $423.00 $ 118,440.00 3 106 L.F. Furnish & Install 12-Inch Waterline with 24-Inch Steel Encasement Pipe (3/8" Thick Wall) by Other Than Open Cut $362.00 $ 38,372.00 $355.00 $ 37,630.00 $449.00 $ 47,594.00 4 12 Ea. Furnish & Install 12-Inch Resilient Seated Gate Valve $1,550.00 $ 18,600.00 $2,000.00 $ 24,000.00 $2,585.00 $ 31,020.00 5 17 Ea. Furnish & Install Fire Hydrant Assembly $3,900.00 $ 66,300.00 $3,500.00 $ 59,500.00 $3,295.00 $ 56,015.00 6 3 Ea. Furnish & Install 2-Inch Combination Air Release Valve with 4-Foot Dia. Manhole $5,500.00 $ 16,500.00 $4,600.00 $ 13,800.00 $3,170.00 $ 9,510.00 7 1 Ea. Connect to 12-Inch Waterline, including Dewatering $1,500.00 $ 1,500.00 $1,000.00 $ 1,000.00 $2,975.00 $ 2,975.00 8 1 Ea. Furnish & Install 24" x 12" Tapping Sleeve and Valve $15,000.00 $ 15,000.00 $13,000.00 $ 13,000.00 $15,610.00 $ 15,610.00 9 1 Ea. Furnish & Install Water Line Low Point Marker $200.00 $ 200.00 $1.00 $ 1.00 $1,300.00 $ 1,300.00 10 6,318 L.F. Furnish, Install, Maintain & Remove Trench Safety System $0.25 $ 1,579.50 $0.50 $ 3,159.00 $1.00 $ 6,318.00 11 23 L.F. Remove & Replace 15-Inch C.M.P. $50.00 $ 1,150.00 $75.00 $ 1,725.00 $135.00 $ 3,105.00 12 63 L.F. Remove & Replace Barbed Wire Fence $8.00 $ 504.00 $10.00 $ 630.00 $43.00 $ 2,709.00 13 168 L.F. Remove & Replace Barbed Wire / Hog Wire Fence $12.00 $ 2,016.00 $15.00 $ 2,520.00 $22.00 $ 3,696.00 14 7 L.F. Remove & Replace Wood Fence $40.00 $ 280.00 $100.00 $ 700.00 $51.00 $ 357.00 15 11 L.F. Remove & Replace 3-Bar Fence $50.00 $ 550.00 $50.00 $ 550.00 $260.00 $ 2,860.00 16 1 Ea. Remove & Replace 3-Bar Gate $1,500.00 $ 1,500.00 $750.00 $ 750.00 $3,940.00 $ 3,940.00 17 51 S.Y. Remove & Replace Gravel Pavement $17.00 $ 867.00 $15.00 $ 765.00 $55.00 $ 2,805.00 18 41 S.Y. Remove & Replace Asphalt Pavement $100.00 $ 4,100.00 $90.00 $ 3,690.00 $69.00 $ 2,829.00 19 64 S.Y. Remove & Replace Concrete Pavement $50.00 $ 3,200.00 $125.00 $ 8,000.00 $59.00 $ 3,776.00 20 63 L.F. Full Depth Sawcut $10.00 $ 630.00 $10.00 $ 630.00 $50.00 $ 3,150.00 21 63 L.F. Furnish & Install Longitudinal Butt Joint $50.00 $ 3,150.00 $30.00 $ 1,890.00 $20.00 $ 1,260.00 22 1 L.S. Furnish, Implement & Maintain Storm Water Pollution Prevention Plan $3,000.00 $ 3,000.00 $900.00 $ 900.00 $3,500.00 $ 3,500.00 23 1 Ea. Design Trench Safety Plan $750.00 $ 750.00 $1,000.00 $ 1,000.00 $2,500.00 $ 2,500.00 x', g T«.«lement Tre«A, Sa f of yste,.... *Item No. 10 replaces Item No. 24. $4.2-5 $0:50 $41.W 25 6,318 L.F. Furnish, Install, Maintain & Remove Erosion Control Measures $0.50 $ 3,159.00 $1.50 $ 9,477.00 $2.00 $ 12,636.00 26 1 L.S. Furnish, Implement & Maintain Traffic Control Plan $3,500.00 $ 3,500.00 $1,500.00 $ 1,500.00 $11,025.00 $ 11,025.00 27 10,530 S.Y. Furnish, Install and Maintain Hydromulch Seeding $1.00 $ 10,530.00 $1.50 $ 15,795.00 $1.00 $ 10,530.00 28 2 Ea. Project Signs $650.00 $ 1,300.00 $1,000.00 $ 2,000.00 $1,300.00 $ 2,600.00 29 1 L.S. For GCEC Utility Pole Relocation (BID ALLOWANCE) $1,500.00 $ 1,500.00 $1,500.00 $ 1,500.00 $1,500.00 $ 1,500.00 TOTAL AMOUNT OF BASE BID Items 1 Through 29) $ 632 591.50 $ 650 202.00 $ 659 558.30 ADDITIVE ALTERNATE lA 1 L.S. Contractor shall provide the additional cost to install the proposed waterline to a depth of 4-feet cover below the proposed future grade shown on Sheets 10 to 15. This applies to the waterline between Sta. 28+10 to 34+00 & between Sta. 40+00 to 45+00. Additive alternate price shall include any Additional Excavation, Trench Safety, Valve Extensions, etc., as required for the Extra Depth Installation. $10,000.00 $ 10,000.00 $31,000.00 $ 31,000.00 $22,840.00 $ 22,840.00 TOTAL AMOUNT OF ADDITIVE ALTERNATE (Item IA) $ 10 000.00 $ 31 000.00 $ 22,840.00 TOTAL AMOUNT OF BID Base Bid + Additive Alternate $ 642 591.50 $ 681 202.00 --t$ 682,398.30 J:\CLERICAL\Anna\2015-104 W Foster Crossing Road WL\Specs\Tech-Spec\11-P&BS-2.x1sx Page I Of 2 TABULATION OF BIDS Date: October 12, 2017 Project: CITY OF ANNA, TEXAS BIRKHOFF, HENDRICKS & CARTER, L.L.P. W. Foster Crossing Road Water Line PROFESSIONAL ENGINEERS Dallas, Texas BID OF A & M Construction & Utilities, Inc. 4950 Grisham Dr. Rowlett, Texas 75088 BID OF KIK Underground, LLC P.O. Box 850787 Richardson, Texas 75085 BID OF Atkins Bros. Equipment Co., Inc. 3516 Old Ft. Worth Rd. Midlothian, Texas 76065 Item No. Approximate Quantities Unit Description Unit Bid Price Extension Bid Price Extension nit Bid Price Extension ::] BASE BID 1 6,318 L.F. Furnish & Install 12-hich Waterline with Embedment by Open Cut $49.90 $ 315,268.20 $52.00 $ 328,536.00 $140.00 $ 884,520.00 2 280 L.F. Furnish & Install 12-hich Waterline with 24-hich Steel Encasement Pipe (1/4" Thick Wall) by Other Than Open Cut $406.00 $ 113,680.00 $466.00 $ 130,480.00 $391.00 $ 109,480.00 3 106 L.F. Furnish & Install 12-Inch Waterline with 24-Inch Steel Encasement Pipe (3/8" Thick Wall) by Other Than Open Cut $410.00 $ 43,460.00 $480.00 $ 50,880.00 $375.00 $ 39,750.00 4 12 Ea. Furnish & Install 12-Inch Resilient Seated Gate Valve $2,345.00 $ 28,140.00 $2,250.00 $ 27,000.00 $3,000.00 $ 36,000.00 5 17 Ea. Furnish & Install Fire Hydrant Assembly $4,255.00 $ 72,335.00 $4,615.00 $ 78,455.00 $4,000.00 $ 68,000.00 6 3 Ea. Furnish & Install 2-Inch Combination Air Release Valve with 4-Foot Dia. Manhole $4,365.00 $ 13,095.00 $5,565.00 $ 16,695.00 $5,900.00 $ 17,700.00 7 1 Ea. Connect to 12-Inch Waterline, including Dewatering $1,565.00 $ 1,565.00 $900.00 $ 900.00 $5,000.00 $ 5,000.00 8 1 Ea. Furnish & Install 24" x 12" Tapping Sleeve and Valve $19,890.00 $ 19,890.00 $13,416.00 $ 13,416.00 $9,500.00 $ 9,500.00 9 1 Ea. Furnish & Install Water Line Low Point Marker $170.00 $ 170.00 $0.00 $ - $500.00 $ 500.00 10 6,318 L.F. Furnish, Install, Maintain & Remove Trench Safety System $1.25 $ 7,897.50 $1.00 $ 6,318.00 $1.00 $ 6,318.00 11 23 L.F. Remove & Replace 15-Inch C.M.P. $30.00 $ 690.00 $54.00 $ 1,242.00 $50.00 $ 1,150.00 12 63 L.F. Remove & Replace Barbed Wire Fence $15.00 $ 945.00 $18.00 $ 1,134.00 $7.00 $ 441.00 13 168 L.F. Remove & Replace Barbed Wire / Hog Wire Fence $15.00 $ 2,520.00 $18.00 $ 3,024.00 $27.00 $ 4,536.00 14 7 L.F. Remove & Replace Wood Fence $30.00 $ 210.00 $56.00 $ 392.00 $49.00 $ 343.00 15 11 L.F. Remove & Replace 3-Bar Fence $30.00 $ 330.00 $30.00 $ 330.00 $50.00 $ 550.00 16 1 Ea. Remove & Replace 3-Bar Gate $400.00 $ 400.00 $1,000.00 $ 1,000.00 $1,000.00 $ 1,000.00 17 51 S.Y. Remove & Replace Gravel Pavement $28.00 $ 1,428.00 $25.00 $ 1,275.00 $50.00 $ 2,550.00 18 41 S.Y. Remove& Replace Asphalt Pavement $70.00 $ 2,870.00 $100.00 $ 4,100.00 $100.00 $ 4,100.00 19 64 S.Y. Remove & Replace Concrete Pavement $130.00 $ 8,320.00 $100.00 $ 6,400.00 $100.00 $ 6,400.00 20 63 L.F. Full Depth Sawcut $8.00 $ 504.00 $3.00 $ 189.00 $2.00 $ 126.00 21 63 L.F. Furnish & Install Longitudinal Butt Joint $15.00 $ 945.00 $25.00 $ 1,575.00 $3.00 $ 189.00 22 1 L.S. Furnish, Implement & Maintain Storm Water Pollution Prevention Plan $1,000.00 $ 1,000.00 $2,500.00 $ 2,500.00 $10,000.00 $ 10,000.00 23 1 Ea. Design Trench Safety Plan $850.00 $ 850.00 $400.00 $ 400.00 $900.00 $ 900.00 x�, g L-.F-. h"Iement Tre«A, Sag ty Systems *Item No. 10 replaces Item No. 24. $4-.2-5 $1 09 $41.N 25 6,318 L.F. Furnish, Install, Maintain & Remove Erosion Control Measures $0.50 $ 3,159.00 $1.00 $ 6,318.00 $2.00 $ 12,636.00 26 1 L.S. Furnish, Implement & Maintain Traffic Control Plan $1,800.00 $ 1,800.00 $2,500.00 $ 2,500.00 $2,000.00 $ 2,000.00 27 10,530 S.Y. Furnish, Install and Maintain Hydromulch Seeding $3.50 $ 36,855.00 $0.75 $ 7,897.50 $0.30 $ 3,159.00 28 2 Ea. Project Signs $500.00 $ 1,000.00 $600.00 $ 1,200.00 $1,000.00 $ 2,000.00 29 1 L.S. For GCEC Utility Pole Relocation (BID ALLOWANCE) $1,500.00 $ 1,500.00 $1,500.00 $ 1,500.00 $1,500.00 $ 1,500.00 TOTAL AMOUNT OF BASE BID Items 1 Through 29) $ 680 826.70 $ 695 656.50 $ 1,230 348.00 ADDITIVE ALTERNATE lA 1 L.S. Contractor shall provide the additional cost to install the proposed waterline to a depth of 4-feet cover below the proposed future grade shown on Sheets 10 to 15. This applies to the waterline between Sta. 28+10 to 34+00 & between Sta. 40+00 to 45+00. Additive alternate price shall include any Additional Excavation, Trench Safety, Valve Extensions, etc., as required for the Extra Depth Installation. $20,000.00 $ 20,000.00 $12,500.00 $ 12,500.00 $1,000.00 $ 1,000.00 TOTAL AMOUNT OF ADDITIVE ALTERNATE (Item 1A) $ 20 000.00 $ 12 500.00 $ 1000.00 TOTAL AMOUNT OF BID Base Bid + Additive Alternate $ 700 826.70 $ 708 156.50 $ 1 231348.00 J:\CLERICAL\Anna\2015-104 W Foster Crossing Road WL\Specs\Tech-Spec\11-P&BS-2.x1sx Page 2 of 2 I Item No. 9. City Council Agenda Staff Report Meeting Date: 11 /28/2017 Y{OUW HOMETOWN AGENDA ITEM: Briefing/Discussion regarding a potential partnership with NCTCOG to fund construction of Ferguson Parkway. (City Manager) SUMMARY: One of the priority roadway projects identified in our current Strategic Plan is the construction of Ferguson Parkway from Taylor Blvd. south to the Collin County Outer Loop. Staff will brief the City Council on a potential partnership with the North Central Texas Council of Governments to provide partial funding for construction of this roadway project. STAFF RECOMMENDATION: No formal action by the City Council is required at this time, however, Staff will be seeking feedback from the City Council on a proposed cost share model to fund this project. ATTACHMENTS: Description Upload Date Type Ferguson Parkway Schematic Layout 11 /21 /2017 Backup Material � Z -o- � I J U \I ,1 \ I c� I \ L I \ (J I � \ I \ 1 \\ D D LEGEND RIGHT- OF- WA Y 0 250 500 750 9:1 EXISTING 4-LANE DIVIDED ROAD HORIZONTAL SCALE IN FEET IMPACTED STRUCTURE NO TE.- REMAINDER PARCELS CENTERLINE RADIUS MIN. 1000' FL OODPLAIN Ico � I I � — +00 / - _ — _ — —6 ♦ ♦ �00 ♦ \ — �, II JOAN F. OF I GUADALUPE a o \ 0 / I PAULA J. POWELL s ) SCHLOER VASQUEZ Z I M o o I I - Q w of waft I / I I ♦ ♦� �O l THE REKIETA / I JOAN LESLIE LUSCOMBE I \ 6Q ♦ \ ` FAMILY TRUST \ / STEVEN & QUgIL \ \ \ 6�0 / / / I — — — — �� ♦ \ ��� ♦ 1 COLLEEN OREEK > / r�5� �I ♦ — 1 / DFPRIEST SR. 650, \� / 1M. STEPHAN / \ / — � _ � \ \ �00 i I �11CHAEL D. � D9VfD t� I J — _ _ I 66 \ * \ \ �` i \cp,\ 1 RITTER I \ ARBARA I RAYMOND A. I I HIBDON m , CAROL LEE &MARK DOWNS I IO~�� I\ �s 1 ONES I STANLEY W. I KING Z / F O I �67 � l � �s � � BAILEY I I �1/ � / MARTHA LEE J0� I I v JAMES A. & ROBYN L. _ — \ �00 \ VI \ 0 LUSCOMBE J= — 68STER CROSSING LTD. 0 JAMES ANDREW JR. Iw \ TWO T RTLE CREEK VILLAGE \ _ SQ ro0' 6' �� �QQ \ SHARON J. I _ & w I �� I \ \ �� �� _ —� _ II SHARON van LIEW I Q i OBYN L. LUSBE 0 JOAN LESLIE — — v I V ` _ J` j` 7cQ J. � LUSCOMBE \ 169p\ \ \ ( \ \ 0 van LIEW I I I \ 1 \ CD 70 1 r m I THE LUSCOMBE FAMILY TRUST o \ ^ C / & TRUST BTRUSCREDIT SHELTER I z < \ I I m LESLIE NE m �� \ �620 \ / — \ ,ems \ STEVEN W. & \ —� Y T15f00' 20 — — \ SUSAN K. JEFF & RENA 6s '`OO I GRUMMET J. REDDIN CHESTER R. I JOSE I o �/ ♦ ♦ I I I ALEJANDR l o w WATSON \ JARAMILLOI Q m I THE ESTATE I MARIA 1 \660 co 620 .J i I �CowFOSTER PAUL E. GANT \ / TWO TURTLE RCREEK VILLAGE OSSING LTD./ PAULA J. POWELL / 1 L4- �M�APL'EDRIVE' � l cao -6g� STEVEN & TAMARA CONSTIEN I \ I RGtf I Pd--PtC11di`.-- �----------------- I I fr---1----I---- r---T--- 7---- ---r--- T--- i----� I r---1----I---- I I I I I I I I I I I I I I I I I r---T---1---- I I I I I I I 1 � I I I 11 1 1 I I I I I I I I I I I -----y I L---1----L----L---L---J- L---J I L -------------------------I _ _J_---L---1---1---�I ' ` [�ZjyWN-ArZr------------- I I I I I I I I I 1. ._.I-. I I I I I These plans and related specifications were prepared for construction this specific BIRKHOFF, HENDRICKS & CARTER, L.L.P. project only. Reuse of these documents is not permitted without written authorization of Birkhoff, Hendricks & Carter, L.L.P. If PROFESSIONAL ENGINEERS this drawing is converted to an electronic TBPE Firm NO. 526; TBPLS Firm No. 10031800 file, if any discrepancy occurs between the electronic file and the Birkhoff, Hendricks & 11910 Greenville Ave., Suite 600 Carter, L.L.P. original document, the original Dallas Texas 75243 (214) 361-7900 document will govern in all cases. I----------------- F --- ----T----r------Z---- r--- 7 --- -r- � I r ---------- _I ASH STREET — THESE DOCUMENTS ARE FOR INTERIM REVIEW CITY OF ANNA, TEXAS AND ARE NOT INTENDED FOR CONSTRUCTION, BIDDING, OR PERMIT PURPOSES. FERGUSON PARKWAY GARY C. HENDRICKS TEXAS P.E. NO. 65226 SCHEMATIC ROUTE ANALYSIS DATE: October 2016 ROUTE 'C' POST OAK TRAI w J Y Q 0 Nz 0 m LIVE OAK DRIVE BHC PROJECT NO 2015-123 OCTOBER, 2016 SHEET NO. C REVISED: 10/4/16 — JYORK H:\Projects\Anna\2015123 Ferguson Pkwy Study\2015123 Route C with Extention Option.dwg PLOT SCALE: 1:1 PLOT STYLE: — — — — PLOTTED BY: JYORK ON 10/4/2016 I Item No. 10. City Council Agenda Staff Report Meeting Date: 11 /28/2017 YOUR) HOMETOWN AGENDA ITEM: Briefing/Discussion regarding purchase of non -lethal electrical devices for the Police department. (Chief Jenks) SUMMARY: The Police Department has been exploring additional enhancements to their personal protection equipment that they carry on duty, including a form of less than lethal electrical device commonly referred to as Tasers. Taser is a common brand of electrical device manufactured by AXON. The FY 2018 budget includes funding to hire supervisors to cover every shift. With the additional personal available to supervise officers in the field, the department would like to purchase and get all of our officers certified in the use of electrical devices. Two of our officers are now certified by Axon / Taser as instructors and we had a device on -loan for testing before deciding on which model to pursue. Axon has a financial mechanism called "Taser 60" that will allow us to pay for the devices in 4 payments, no interest, with a maintenance plan included. In our case, 10 devices can be purchased under the plan and payments 1 and 2 are paid up front in the amount of $5,873.30, with the balance being paid in equal installments of $3,628.70 for the next three fiscal years. Our intention is to eventually fund the initial payment for these devices ($5,873) using the Department's State Forfeiture Fund. The department would like to purchase the Tasers now using funds available in their duty gear line item account and then present at a future Council Meeting a budget amendment that would authorize the expense to the State Forfeiture Fund. It is important to remember that the purchase agreement with Axon will require the City to budget funds ($3,628) for the next three (3) fiscal years to make the required payments. STAFF RECOMMENDATION: No formal Council action is required at this time. A budget amendment will be placed on a future Council agenda. ATTACHMENTS: Description Upload Date Type Taser Price Quote 11/21/2017 Backup Material Axon Enterprise, Inc. Protect Life. 17800 N 85th St. Scottsdale, Arizona 85255 United States Phone: (800) 978-2737 Fax:888-843-4309 Jeff Caponera (972) 924-2848 jcaponera@annatexas.gov Bill To: Anna Police Dept. - TX 101 South Powell Pkwy Anna, TX 75409 US Ship To: Jeff Caponera Anna Police Dept. - TX 101 South Powell Pkwy Anna, TX 75409 US 4416�k AXON Quotation Quote: Q-126484-5 Date: 11/16/2017 8:58 AM Quote Expiration: 12/15/2017 Contract Start Date*: 11/16/2017 Contract Term: 4 years AX Account Number: 491619 SALESPERSON PHONE EMAIL DELIVERY METHOD PAYMENT METHOD Colin Fine 480-463-2167 cfine@taser.com Fedex - Ground Net 30 *Note this will vary based on the shipment date of the product. Taser 60 Basic Year's 1-2 Due Net 30 QTY ITEM # DESCRIPTION UNIT TOTAL BEFORE DISCOUNT ($) NET TOTAL PRICE DISCOUNT 1 22013 KIT, DATAPORT DOWNLOAD, USB, X2/ USD 176.49 USD 176.49 USD 176.49 USD 0.00 X26P 10 22003 HANDLE, YELLOW, CLASS III, X2 USD 0.00 USD 0.00 USD 0.00 USD 0.00 10 85176 TASER 60 YEAR 1 PAYMENT: X2 BASIC USD 312.00 USD 3,120.00 USD 1,526.20 USD 1,593.80 10 85177 TASER 60 YEAR 2 PAYMENT: X2 BASIC USD 312.00 USD 3,120.00 USD 0.00 USD 3,120.00 10 22501 HOLSTER, BLACKHAWK, RIGHT, X2, USD 0.00 USD 0.00 USD 0.00 USD 0.00 44HT01 BK-R-B 10 22011 APPM, BATTERY PACK, AUTO SHUT USD 0.00 USD 0.00 USD 0.00 USD 0.00 OFF, X2/X26P 20 22150 CARTRIDGE, PERFORMANCE, SMART, USD 0.00 USD 0.00 USD 0.00 USD 0.00 15' 10 22150 CARTRIDGE, PERFORMANCE, SMART, USD 31.60 USD 316.00 USD 0.00 USD 316.00 15' Page 1 of 3 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 25 22151 CARTRIDGE, PERFORMANCE, SMART, 25' USD 33.74 USD 843.50 USD 0.00 USD 843.50 Taser 60 Basic Year's 1-2 Total Before Discounts: Taser 60 Basic Year's 1-2 Discount: Taser 60 Basic Year's 1-2 Net Amount Due: USD 7,575.99 USD 1,702.69 USD 5,873.30 Year 3 Due 2018 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 10 85178 TASER 60 YEAR 3 PAYMENT: X2 BASIC USD 312.00 USD 3,120.00 USD-508.70 USD 3,628.70 Year 3 Due 2018 Total Before Discounts: Year 3 Due 2018 Net Amount Due: USD 3,120.00 USD 3,628.70 Year 4 Due 2019 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 10 85179 TASER 60 YEAR 4 PAYMENT: X2 BASIC USD 312.00 USD 3,120.00 USD-508.70 USD 3,628.70 Year 4 Due 2019 Total Before Discounts: Year 4 Due 2019 Net Amount Due: USD 3,120.00 USD 3,628.70 Year 5 Due 2020 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 10 85180 TASER 60 YEAR 5 PAYMENT: X2 BASIC USD 312.00 USD 3,120.00 USD-508.70 USD 3,628.70 Year 5 Due 2020 Total Before Discounts: Year 5 Due 2020 Net Amount Due: USD 3,120.00 USD 3,628.70 Subtotal USD 16,759.40 Estimated Shipping & Handling Cost USD 126.69 Grand Total USD 16,886.09 Hardware Shipping Estimate Typically, hardware shipment occurs between 4 — 6 weeks after purchase date. Product availability for new or high demand products may impact delivery time. TASER 60 Sales Terms and Conditions This quote contains a purchase under the TASER 60 Plan. If your purchase only includes the TASER 60 Plan, CEWs, and CEW accessories, then this purchase is solely governed by the TASER 60 Terms and Conditions posted at: http://www.axon.com/legal, and the terms and conditions of Axon's Master Services and Purchasing Agreement do not apply to this order. You represent that you are lawfully able to enter into contracts and if you are entering into this agreement for an entity, such as the company, municipality, or government agency you work for, you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, do not sign this Quote. Page 2 of 3 Axon Enterprise, Inc.'s Sales Terms and Conditions for Direct Sales to End User Purchasers By signing this Quote, you are entering into a contract and you certify that you have read and agree to the provisions set forth in this Quote and Axon's Master Services and Purchasing Agreement posted at https://www.axon.com/legal/sales-terms-and-conditions. You represent that you are lawfully able to enter into contracts and if you are entering into this agreement for an entity, such as the company, municipality, or government agency you work for, you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, do not sign this Quote. Signature: Name (Print): PO# (if needed): Date: Title: Quote: Q-126484-5 Please sign and email to Colin Fine at cfine@taser.com or fax to 888-843-4309 THANK YOU FOR YOUR BUSINESS! `Protect Life'© and TASER® are registered trademarks of Axon Enterprise, Inc, registered in the U.S. © 2013 Axon Enterprise, Inc. All rights reserved. Page 3 of 3 Item No. 11. City Council Agenda Staff Report Meeting Date: 11 /28/2017 Yi0W HOMETOWN AGENDA ITEM: Discuss December City Council meeting dates. (City Manager) SUMMARY: In order to avoid potential scheduling conflicts, the City has typically elected not to place items on the agenda for the 2nd City Council meeting in December scheduled on the 4th Tuesday. The 4th Tuesday in December is December 26 which is the day after Christmas. If no items are placed on the agenda, it will not be necessary for the Council to meet on December 26. STAFF RECOMMENDATION: