HomeMy WebLinkAbout2016-08-23 Work Session & Regular Meeting Packet
AGENDA
City Council Work Session
Tuesday, August 23, 2016 @ 7:30 PM
Anna City Hall, Council Chambers
111 N. Powell Parkway, Anna, Texas 75409
1.Call to Order, Roll Call and Establishment of Quorum
2.Presentation and Training for NovusAgenda software. (Carrie Smith)
a
3.CLOSED SESSI ON (EXCEPTI ONS)
Under Tex. Gov't Code Chapter 551, the City Counci l may enter into closed
session to discuss any items listed or referenced on this agenda under the
fol lowing 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).
a
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
f or municipal f acilities.
a
The Council further reserves the right to enter i nto executive sessi on at any time
throughout any duly noticed meeting under any applicable exception to the
Open Meetings Act.
4.Consider/Discuss/Action on any items listed on the posted agenda or any closed
session occurring during this meeting, as necessary
5.Adjourn.
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 bulletin board. Posted on this .
___________________________________
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 nec essary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistanc e should contact
the City Sec retary at 972 924-3325 two working day s prior to the meeting so that appropriate
arrangements c an be made.
Item No. 3.
City Council Agenda
Staff Report
Meeting Date: 8/23/2016
AGENDA IT EM :
Presentation and Training for NovusAgenda software. (Carrie Smith)
SUM MARY:
Board or Council M embers
NovusBOARDVIEW, is the web-based interface that allows board members with Internet access
to:
Receive board meeting packets through a webpage, on a CD, or if necessary, on paper
View upcoming meeting agenda
View specif ic items, along with support material
Make private comments on any item
View past board meeting minutes
Review draf t minutes prior to voting on them
Research past agendas, minutes and personal comments
NovusBOARDVIEW brings the full power of electronic data access to the f ingertips of each board
member.
Optional Online Training M anuals and Videos:
For further details, you can view the brief online training videos by logging into the client portal
below:
http://www.novusolutions.com/clients.aspx
Login = anna
Password = anna684
STAFF RECOM M ENDAT ION:
A
Y{OUR} HOMETOWN
AGENDA
Regular City Council Meeting
Tuesday, August 23, 2016 @ 7:30 PM
Anna City Hall, Council Chambers
111 N. Powell Parkway, Anna, Texas 75409
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 tum it in to the City Secretary before the
meeting starts.
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. Recieve 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 goveming body that was attended or is
scheduled to be attended by a member of the goveming 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 minutes from August 9, 2016 for Council work session and regular
meeting. (City Secretary)
b. Approve special meeting minutes from August 16, 2016. (City Secretary)
C. Review CDC June 2, 2016 and June 14, 2016 meeting minutes. (Jessica
Perkins)
d. Review EDC June 2, 2016 and June 14, 2016 meeting minutes. (Jessica
Perkins)
e. Resolution authorizing the City Manager to execute a contract with Advanced
Paving Company for the construction of the Fern Street Rehabilitation Project.
(Joseph Johnson)
f. Resolution approving a Development Agreement with Linda Bryant O'neal.
(Maurice Schwanke)
g. Resolution approving a Development Agreement with Laura Bryant Collins.
(Maurice Schwanke)
h. Resolution approving a Development Agreement with Zion Cornerstone LLC -
Victor Attah. (Maurice Schwanke)
6. Conduct a Public Hearing on the Proposed FY 2016-2017 Budget. (Clayton Fulton)
7. Conduct a Public Hearing on the Proposed 2016 Tax Rate. (Clayton Fulton)
8. Consider/Discuss/Action regarding a Resolution adopting a policy on the sale and
disposal of property and authorizing the removal or demolition of certain
improvements on real property. (Philip Sanders)
9. Conduct a Public Hearing and take Action on an Ordinance amending the Anna City
Code of Ordinances by repealing Part III -A (Subdivision Regulations), Article 1,
Section 16 (Building Permits Required in The City's Extraterritorial Jurisdiction).
(Philip Sanders)
10. CLOSED SESSION (EXECEPTIONS)
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).
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 municipal facilities.
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.
11. 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.
12. Adjourn.
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 bulletin board. Posted on this
19th day of August 2016 at p.m.
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.
Item No. 5.a.
City Council Agenda
Staff Report
Meeting Date: 8/23/2016
YOUR) HOMETOWN
AGENDAITEM:
Approve minutes from August 9, 2016 for Council work session and regular meeting. (City
Secretary)
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
August 9, 2016 Work Session Minutes 8/19/2016 Exhibit
August 23, 2016 Regular Session Minutes 8/19/2016 Exhibit
ANNA CITY COUNCIL
MINUTES
WORK SESSION
AUGUST 9, 2016
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.
Mayor Crist called the meeting to order at 6:30 p.m.
2. Roll Call and Establishment of Quorum
Council Members Kenneth Pelham and Nathan Bryan were absent.
3. Briefing/Discussion regarding the proposed FY 17 Budget. (Clayton Fulton).
Collin County Tax Accessors office provided the City with the final certified
tax numbers. Finance Director Fulton reviewed minor adjustments to the
proposed budget.
4. Briefing/Discussion regarding Slayter Creek Park & Trail drainage
improvements. (City Manager)
The School District announced that bus service from the West Crossing
and Willow Creek areas to Anna Middle School and Anna High School
will be discontinued this fall. Students will be encouraged to use the
Slayter Creek trail to access the middle school and high school
campuses. An inspection of the trail identified several drainage problems
that cause sections of the trail to flood during moderate and heavy rain
events.
Our Parks and Public Works department developed a scope of work to
remediate these problem areas and solicited bids from contractors to
perform the work. The low bid is $46,000. Funds are available in the Parks
Trust Fund for this project. The following Google Maps hyperlink identifies
the areas that will be improved and includes a description of the work:
https://www.google.com/maps/d/viewer?mid=1 nCri- ow26WaGzTtSrlpjJBDRvPs
The current fiscal year budget includes an allocation of $150,000 in the
Park Trust Fund for various park improvements. Projects completed so
far include the following:
• Remodel of Natural Springs Park Barn - $44,616
• Lighting Improvements at Natural Springs Park Barn - $5,700
August 9, 2016
CC Work Session Minutes
• Demolition of the two structures at Natural Springs Park - $ 7,425
• Architectural design services for Parks department office and restroom
at Natural Springs Park - $16,000
There is $76,259 remaining in the FY 2016
improvements. Funding for the construction
office and restroom at Natural Springs Par
5. CLOSED SESSION (EXCEPTIONS)
k
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);
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 municipal facilities.
MOTION: Council Member Beazley moved to enter executive session. Mayor
Crist seconded. Motion Passed 5-0
Mayor Crist recessed into closed session at 6:48 p.m.
Mayor Crist reconvened the regular session at 7:32 p.m.
5. Consider/Discuss/Action on any items listed on the posted agenda or any
closed session occurring during this meeting, as necessary
MOTION: Council Member Beazley moved to take no action. Council
Member Burr seconded. Motion Passed 5-0.
6. Adjourn.
MOTION: moved to adjourn. Council Member seconded.
Motion Passed 5-0.
Mayor Crist adjourned the meeting at 7:32 p.m.
August 9, 2016
CC Work Session Minutes 2
Approved on the 23rd day of August 2016.
Mayor Mike Crist
ATTEST:
City Secretary Carrie L. Smith
August 9, 2016
CC Work Session Minutes
ANNA CITY COUNCIL
MINUTES
REGULAR SESSION
AUGUST 9, 2016
The City Council of the City of Anna met in Regular Session on the above date at
Anna City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the following
items.
Call to Order, Roll Call and Establishment of Quorum
Mayor Crist called the meeting to order at 7:34 p.m.
Council Member's Pelham and Bryan were absent.
2. Invocation and Pledge of Allegiance.
Mayor Crist gave the Invocation and led the 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.
Sacha High, 1144 Honeywell Dr, Anna, TX 75409 spoke regarding Affordable
Housing in Anna. City Manager Sanders stated the City of Anna does not
have affordable housing authority. Staff provided her with contact information
for Federal Housing Authoring.
• Dr. Bradley Duncan with Anna Independent School District (AISD) provided a
brief update on the new school year and thanked staff and council for working
with AISD.
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.
• Child ID Fair to be held August 20th at the Police Department.
August 9, 2016
CC Regular Session Minutes
• Council Member Beazley gave City Administrator Sanders kudos for promptly
assisting citizens with issues.
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 Minutes for July 26, 2016 City Council Meeting (Carrie Smith)
b. Resolution approving a Development Agreement with Robert Lee
Smallwood, Roy Glen Smallwood, Dannell Collins Matus, Lisa Faye
Copeland, Jack Kenney, and Anna Marie Peters. (Maurice Schwanke)
RESOLUTION NO. 2016-08-205 - A RESOLUTION APPROVING A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS
AND ROBERT LEE SMALLWOOD, ROY GLEN SMALLWOOD, DANNELL
COLLINS MATUS, LISA FAYE COPELAND, JACK KENNEY, AND ANNA
MARIE PETERS, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAME ON BEHALF OF THE CITY.
C. Resolution approving a Development Agreement with Rob and Michelle
Adams. (Maurice Schwanke)
RESOLUTION NO. 2016-08-206 - A RESOLUTION APPROVING A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS
AND CHARLES R. AND MICHELLE ADAMS AUTHORIZING THE CITY
MANAGER TO EXECUTE SAME ON BEHALF OF THE CITY.
Cl. Resolution approving a Development Agreement with Steven and Tamara
Constien. (Maurice Schwanke)
RESOLUTION NO. 2016-08-207 - A RESOLUTION APPROVING A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS
AND STEVEN AND TAMARA CONSTIEN AUTHORIZING THE CITY
MANAGER TO EXECUTE SAME ON BEHALF OF THE CITY.
e. Resolution approving a Development Agreement with the Constien Family
Trust. (Maurice Schwanke)
RESOLUTION NO. 2016-08-208 - A RESOLUTION APPROVING A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS
AND CONSTIEN FAMILY TRUST AUTHORIZING THE CITY MANAGER
TO EXECUTE SAME ON BEHALF OF THE CITY.
f. Resolution approving Nahas Addition Development Plat. (Maurice
Schwanke)
August 9, 2016 2
CC Regular Session Minutes
RESOLUTION NO. 2016-08-209 - A RESOLUTION OF THE CITY OF
ANNA, TEXAS APPROVING A DEVELOPMENT PLAT OF THE NAHAS
ADDITION.
g. Resolution approving Whitaker Addition Development Plat. (Maurice
Schwanke)
RESOLUTION NO. 2016-08-210 - A RESOLUTION OF THE CITY OF
ANNA, TEXAS APPROVING A DEVELOPMENT PLAT OF THE
WHITAKER ADDITION.
h. Resolution approving Anna ISD High School Sports Facilities Site Plan.
(Maurice Schwanke)
RESOLUTION NO. 2016-08-211 - A RESOLUTION OF THE CITY OF
ANNA, TEXAS APPROVING A SITE PLAN OF ANNA ISD HIGH SCHOOL
SPORTS FACILITIES.
Resolution approving Sweetwater Crossing Phase 2 Preliminary Plat.
(Maurice Schwanke)
RESOLUTION NO. 2016-08-212 - A RESOLUTION OF THE CITY OF
ANNA, TEXAS APPROVING A PRELIMINARY PLAT OF SWEETWATER
CROSSING PH 2.
Resolution approving an amendment to the Anna Economic Development
Corporation FY 2016 Budget. (Jessica Perkins)
RESOLUTION NO. 2016-08-213 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANNA, TEXAS APPROVING AN
AMENDMENT TO THE ANNA ECONOMIC DEVELOPMENT
CORPORATION FY 2015-2016 BUDGET.
k. Resolution approving an amendment the Anna Community Development
Corporation FY 2016 Budget. (Jessica Perkins)
RESOLUTION NO. 2016-08-214 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANNA, TEXAS APPROVING AN
AMENDMENT TO THE ANNA COMMUNITY DEVELOPMENT
CORPORATION FY 2015-2016 BUDGET.
Ordinance approving an amendment to Part II, Article 3, Section 2 of the
Anna City Code of Ordinances regarding fees for processing TABC
applications for alcohol permits. (Clark McCoy)
ORDINANCE NO. 722-2016 - AN ORDINANCE OF THE CITY OF ANNA,
TEXAS AMENDING PART 11, ARTICLE 3, SECTION 2 OF THE ANNA CITY
CODE OF ORDINANCES REGARDING FEES FOR PROCESSING OF
August 9, 2016 3
CC Regular Session Minutes
TABC APPLICATIONS FOR ALCOHOL PERMITS; PROVIDING FOR A
PENALTY FOR VIOLATION OF THIS ORDINANCE; PROVIDING FOR
SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING
FOR PUBLICATION OF THE CAPTION HEREOF AND AN EFFECTIVE
DATE.
MOTION: Mayor Crist moved to approve the consent agenda. Council Member
Beazley seconded. Motion Passed 5-0
6. Consider/Discuss/Action on an Ordinance annexing a 1.09-acre tract of
land located in the Henry Smith Survey, Abstract No. 823, further described
as 1720 S. Ferguson Parkway. (Maurice Schwanke)
ORDINANCE NO. 724-2016 - AN ORDINANCE ANNEXING INTO THE
CITY OF ANNA, TEXAS THEHEREINAFTER DESCRIBED TERRITORY
ADJACENT TO AND ADJOINING THE CITY OF ANNA, TEXAS, TO WIT.
BEING A CERTAIN AREA OF LAND SITUATED IN THE HENRY SMITH
SURVEY, ABSTRACT NO 823 COUNTY OF COLLIN, STATE OF TEXAS;
AMENDING THE OFFICIAL CITY MAP; PROVIDING FOR A SERVICE
PLAN; REQUIRING THE FILING OF THIS ORDINANCE WITH THE
COLLIN COUNTY CLERK; PROVIDING A CUMULATIVE REPEALER
CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; PROVIDING FOR AN
EFFECTIVE DATE.
MOTION: Council Member Burr moved to Approve. Council Member Martinez
seconded. Motion Passed 5-0
7. Consider/Discuss/Action on a Resolution approving a proposed maximum
tax rate for 2015-2016 Fiscal Year, and setting the dates and times for
public hearings on the tax rate (Clayton Fulton).
RESOLUTION NO. 2016-08-215 - A RESOLUTION OF THE CITY OF
ANNA, TEXAS NAMING THE MAXIMUM TAX RATE THE COUNCIL MAY
ADOPT FOR THE 2016 TAX YEAR AND SETTING THE DATES AND
TIMES FOR PUBLIC HEARINGS ON THE TAX RATE.
MOTION: Council Member Martinez moved to Approve. Council Member Burr
seconded. Motion Passed 5-0
8. Consider/Discuss/Action on an Ordinance amending the FY 2016 annual
budget. (Clayton Fulton)
ORDINANCE NO. 725-2016 - AN ORDINANCE AMENDING ORDINANCE
NO. 695-2015 ADOPTING THE BUDGET FOR THE 2015-2016 FISCAL
YEAR; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING
FOR THE PUBLICATION OF THE CAPTION HEREOF.
MOTION: Council Member Beazley moved to Approve. Mayor Crist seconded.
Motion Passed 5-0
August 9, 2016 4
CC Regular Session Minutes
9. Consider/Discuss/Action on a Resolution authorizing the City Manager to
enter into an agreement for audit services. (Clayton Fulton)
RESOLUTION NO. 2016-08-217 - A RESOLUTION OF THE CITY OF
ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT FOR AUDIT SERVICE.
MOTION: Council Member Martinez moved to Approve. Council Member Beazley
seconded. Motion Passed 5-0
10. Consider/Discuss/Action on a Resolution authorizing the City Manager to
execute an engineering task order with Birkhoff, Hendricks, and Carter, LLP
for the Sherley Above Ground Storage Reservoir Rehabilitation. (Joseph
Johnson)
RESOLUTION NO. 2016-08-218 - A RESOLUTION OF THE CITY OF
ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER
TO ACT ON THE CITY'S BEHALF IN EXECUTING AN ENGINEERING
SERVICE TASK ORDER WITH BIRKHOFF, HENDRICKS AND CARTER,
LLP FOR THE SHERLEY ABOVE GROUND STORAGE RESERVOIR
REHABILITATION PROJECT.
MOTION: Council Member Miller moved to Approve. Council Member Martinez
seconded. Motion Passed 5-0
11. Consider/Discuss/Action on a Resolution approving a Professional
Services Agreement with AT&T Corp. (Clark McCoy)
RESOLUTION NO. 2016-08-216 - A RESOLUTION APPROVING A
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF
ANNA, TEXAS (CITY) AND AT&T CORPORATION (OWNER), AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAME ON BEHALF
OF THE CITY.
MOTION: Council Member Burr moved to Approve. Council Member Beazley
seconded. Motion Passed 5-0
12. Consider/Discuss/Action on a Resolution approving an Estoppel Certificate
for a legal nonconformance of property located at 10795 Central
Expressway. (Clark McCoy)
RESOLUTION NO. 2016-08-219 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANNA, TEXAS APPROVING AN ESTOPPEL
CERTIFICATE FOR A LEGAL NONCONFORMANCE OF PROPERTY
LOCATED AT 10795 CENTRAL EXPRESSWAY.
MOTION: Council Member Beazley moved to Motion. Council Member Burr
seconded. Motion Passed 5-0
August 9, 2016 5
CC Regular Session Minutes
13. CLOSED SESSION (EXECEPTIONS)
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).
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 municipal facilities.
MOTION: Council Member Beazley moved to enter closed session. Mayor Crist
seconded. Motion Passed 5-0
Mayor Crist recessed into closed session at 8:02.
Mayor Crist reconvened the regular meeting at 8:32.
14. Consider/Discuss/Action on any items listed on the posted agenda or any
closed session occurring during this meeting, as necessary
MOTION: Mayor Crist moved to take no action. Council Member Beazley
seconded. Motion Passed 7-0
15. Adjourn.
MOTION:
Mayor Crist adjourned the meeting at p.m.
Approved on the 23rd day of August, 2016.
Mayor Mike Crist
ATTEST:
City Secretary Carrie L. Smith
August 9, 2016 6
CC Regular Session Minutes
Item No. 5.b.
City Council Agenda
Staff Report
Meeting Date: 8/23/2016
YOUR) HOMETOWN
AGENDAITEM:
Approve special meeting minutes from August 16, 2016. (City Secretary)
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS:
Description
August 16, 2016 Meeting Minutes
Upload Date Type
8/19/2016 Exhibit
ANNA CITY COUNCIL
MINUTES
SPECIAL MEETING
AUGUST 16, 2016
The City Council of the City of Anna met in a Special Meeting 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 Crist called the meeting to order at 6:30 p.m.
Council Member Kenneth Pelham was absent.
2. Consider/Discuss/Act on an Ordinance of the City Council of the City of
Anna, Texas calling a special election to be held within the City on
November 8, 2016, to submit a proposition to abolish the local sales and
use tax imposed by the City for the benefit of the Anna Economic
Development Corporation, to increase the municipal sales and use tax from
one percent to one and one -quarter percent, and to increase the local sales
and use tax imposed by the City for the benefit of the Anna Community
Development Corporation from one-half of one percent to three-quarters of
one percent; making provision for the conduct of the special election;
providing for other matters related thereto; and providing an effective date
(Philip Sanders)
ORDINANCE NO. 726-2016 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ANNA, TEXAS CALLING A SPECIAL ELECTION TO BE
HELD WITHIN THE CITY ON NOVEMBER 8, 2016, TO SUBMIT A
PROPOSITION TO ABOLISH THE LOCAL SALES AND USE TAX IMPOSED
BY THE CITY FOR THE BENEFIT OF THE ANNA ECONOMIC
DEVELOPMENT CORPORATION, TO INCREASE THE MUNICIPAL SALES
AND USE TAX FROM ONE PERCENT TO ONE AND ONE -QUARTER
PERCENT, AND TO INCREASE THE LOCAL SALES AND USE TAX
IMPOSED BY THE CITY FOR THE BENEFIT OF THE ANNA COMMUNITY
DEVELOPMENT CORPORATION FROM ONE-HALF OF ONE PERCENT
TO THREE-QUARTERS OF ONE PERCENT; MAKING PROVISION FOR
THE CONDUCT OF THE SPECIAL ELECTION; PROVIDING FOR OTHER
MATTERS RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE.
MOTION: Council Member Burr moved to Approve. Council Member Beazley
seconded. Motion Passed 6-0
3. 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:
August 16, 2016
CC Special Meeting Minutes
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); discussion regarding building permits in the extraterritorial
jurisdiction.
MOTION: Council Member Burr moved to enter closed session. Council Member
Bryan seconded. Motion Passed 6-0.
Mayor Crist recessed into closed session at 6:42 p.m.
Mayor Crist reconvened the regular meeting at 7:22 p.m.
4. Adjourn.
MOTION: Council Member Bryan moved to adjourn. Council Member Beazley
seconded. Motion Passed 6-0.
Mayor Crist adjourned the meeting at 7:22 p.m.
Approved on the 23rd day of August 2016.
Mayor Mike Crist
ATTEST:
City Secretary Carrie L. Smith
August 16, 2016 2
CC Special Meeting Minutes
I
Item No. 5.c.
City Council Agenda
Staff Report
Meeting Date: 8/23/2016
YOUR) HOMETOWN
AGENDAITEM:
Review CDC June 2, 2016 and June 14, 2016 meeting minutes. (Jessica Perkins)
SUMMARY:
STAFF RECOMMENDATION:
No Council action is required.
ATTACHMENTS:
Description Upload Date Type
June 2, 2016 Meeting Minutes 8/18/2016 Exhibit
June 14, 2016 Meeting Minutes 8/18/2016 Exhibit
COMMUNITI'
DEVELOPMENT
CORPORAM7,
MINUTES OF REGULAR MEETING OF THE
ANNA COMMUNITY DEVELOPMENT CORPORATION
Thursday, June 2, 2016
The Anna Community Development Corporation
p.m., on Thursday, June 2, 2016, at the Ann
Call to Order
a
John Houcek, President, called the meeting to order at 5:01p.m., and after roll
call and the establishment of a quorum, the following items were presented to the
Directors for their consideration.
2. Roll Call and Establishment of Quorum.
Directors in attendance: John Houcek, Connie Stump, Brent Thomas, and
Alonzo Tutson.
Directors in Abstention: Doug Hermann, Michael Williams.
A quorum was declared present and the floor was open for business.
Others in attendance: Clark McCoy, legal counsel for CDC; Jessica Perkins,
Chief Administrative Officer; and Sherilyn Godfrey, Secretary.
3. Invocation and Pledge.
John Houcek gave the invocation and led the group in the Pledge of Allegiance.
4. Discussion regarding reallocation of sales tax revenue.
House Bill 157 was recently passed by the state legislation allowing Texas cities, to
reallocate the 2% sales and use tax where it previously was capped. The total sales tax
rate can't exceed 8.25 percent, however, House Bill 157 authorizes a city to hold an
1 ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development
Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will
begin immediately after the conclusion of the meeting of the Anna Community Development Corporation.
IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda.
The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it si considered necessary and legally justified under the Opening Meetings Act. Disable persons who want
to attend this meeting and 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.
06-02-2016 Regular CDC Minutes.doc
election to reallocate sales tax revenue within the two percent local sales tax cap The
bill allows a city to assess its funding priorities and reallocate the distribution of its
general and dedicated sales taxes, so long as the total local sales tax rate does not
exceed 2 percent. This gives the City more local control and financial flexibility for its
priorities. Clayton Fulton, Chief Financial Officer, gave a slide presentation to the Board
regarding the potential reallocation of sales tax for road construction. Any reallocation of
sales tax can only be changed by a vote of Anna residents. The City Council is
reviewing funding options and considering a ballot proposal for the November 2016
election.
5. Consider/Discuss/Action regarding approving a resolution authorizing
Birkhoff, Hendricks, and Carver ("BHC") to provide general engineering
services for improvements to Natural Springs Park including the parking
lot and driveway plan and the boundary and design surveys.
In accordance with a previously signed professional services agreement between
CDC and BHC, which authorizes BHC to provide boundary and design surveys
to the Corporation, a resolution relating to the improvements at Natural Springs
Park (parking lot and driveway plans) was presented to the Board. Brent
Thomas made a motion to adopt a resolution approving and authorizing the
expenditure of funds for engineering services. Furthermore, the motion by Brent
Thomas authorized the CAO to charge the CDC's Other Capital Expenditures
line item in the amount not to exceed $20,000.00. Alonzo Tutson seconded the
motion. Motion passed.
6. Closed Session.
a. Discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex. Gov't Code §551.072).
b. Consult with legal counsel on matters in which the duty of the attorney to
the government 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 §651.071).
C. Discuss or deliberate Economic Development Negotiations:
1 ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development
Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will
begin immediately after the conclusion of the meeting of the Anna Community Development Corporation.
IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda.
The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it si considered necessary and legally justified under the Opening Meetings Act. Disable persons who want
to attend this meeting and 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.
06-02-2016 Regular CDC Minutes.doc 2
(1) To discuss or deliberate regarding commercial or financial information that the
Board of Directors has received from a business prospect that the Board of
Directors seeks to have locate, stay, or expand in or near the territory of the City
of Anna and with which the Board 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 §561.087); land.
Not necessary.
7. Consider/DISCUSS/Action regarding adopting a resolution authorizing a
purchase contract for the land.
Staff has been pursuing a land purchase for several months with the intent to market the
land as a Business or Tech Park to increase employment in Anna and diversity the tax
base. After reviewing financing options it was determined that the best course of action is
for the CDC and EDC to jointly purchase the property. John Houcek made a motion to
adopt the resolution authorizing the Purchase Agreement, pursuant to Exhibit E, be fully
executed which is subject to the final review of legal counsel and any necessary approval
by the City of Anna City Council. Brent Thomas seconded the motion. Motion passed.
8. Consider/Discuss/Action regarding accepting Lee Miller's resignation from
the board.
Lee Miller was recently elected to City Council requiring him to resign from the
Board. Board members paid Lee Miller several compliments regarding his
service to Board and the pleasure of serving with him. Connie Stump made a
motion to accept his resignation and it was seconded by Alonzo Tutson. Motion
passed.
9. Consider/Discuss/Action regarding minutes from June 2, 2016.
Brent Thomas made a motion to accept the minutes as written. John Houcek
seconded the motion. Motion passed.
[THIS SPACE INTENTIONAL LEFT BLANK]
1 ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development
Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will
begin immediately after the conclusion of the meeting of the Anna Community Development Corporation.
IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda.
The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it si considered necessary and legally justified under the Opening Meetings Act. Disable persons who want
to attend this meeting and 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.
06-02-2016 Regular CDC Minutes.doc 3
9. Adjourn.
Alonzo Tutson made a motion to adjourn the meeting. Connie Stump seconded
the motion and the meeting adjourned at 5:52 p.m.
APPROVED:
4M'W4�
JoAn Houcek
President of CDC
ATTESTED,
Sherilyn G(6dfr
Secretary of C
1 ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development
Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will
begin immediately after the conclusion of the meeting of the Anna Community Development Corporation.
IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda.
The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it si considered necessary and legally justified under the Opening Meetings Act. Disable persons who want
to attend this meeting and 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.
06-02-2016 Regular CDC Minutes.doc 4
SPECIAL JOINT MEETING AGENDA
ANNA ECONOMIC DEVELOPMENT CORPORATION
And
ANNA COMMUNITY DEVELOPMENT CORPORATION
Tuesday, June 14, 2016 AT 5:00
ANNA CITY HALL
111 N. POWELL PKWY., ANNA, TEXAS
The Anna Community Development Corporation ("CDC") of the City of Anna met at 5:00
p.m., on Tuesday, June 14, 2016, at the Anna City Hall Administration Building, 111
North Powell Parkway (Hwy. 5), and Anna, Texas.
1. Call to Order
John Houcek, President, called the meeting to order at 5:25p.m., and after roll
call and the establishment of a quorum, the following items were presented to the
Directors for their consideration.
2. Roll Call and Establishment of Quorum.
Directors in attendance: John Houcek, Connie Stump, Brent Thomas, and
Alonzo Tutson.
Directors in Abstention: Doug Hermann, Michael Williams.
A quorum was declared present and the floor was open for business.
Others in attendance: Clark McCoy, legal counsel for CDC; Jessica Perkins,
Chief Administrative Officer; and Sherilyn Godfrey, Secretary.
In recognition of Flag Day, the Pledge of Allegiance was recited.
3. Presentation from First Southwest regarding funding options for proposed
land purchase.
Jessica Perkins introduced Andre Ayala from First Southwest. He proceeded to
outline the funding options available for financing the land purchase.
' ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development
Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will
begin immediately after the conclusion of the meeting of the Anna Community Development Corporation.
IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda.
The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it si considered necessary and legally justified under the Opening Meetings Act. Disable persons who want
to attend this meeting and 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.
4. Consider/Discuss/Action regarding adopting a resolution of the Board of
Directors of the Anna Community Development Corporation directing
publication of notice of projects and notice of public hearing.
Jessica Perkins informed the Board about the legal requires necessary to giving
notice of a project/expenditure by conducting a public hearing. John Houcek
made a motion to adopt the resolution authorizing the CAO to proceed with the
publication. Brent Thomas seconded the motion. Motion passed all.
5. Adjourned.
Brent Thomas made a motion to adjourn. Alonzo Tutson seconded the motion
and the meeting adjourned at 5:56 p.m.
APPROVED:
hn Houcek
resident of CDC
APPROVED:
onstance Ann Stump
President of EDC
1 ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development
Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will
begin immediately after the conclusion of the meeting of the Anna Community Development Corporation.
IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda.
The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it si considered necessary and legally justified under the Opening Meetings Act. Disable persons who want
to attend this meeting and 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.
Item No. 5.d.
City Council Agenda
Staff Report
Meeting Date: 8/23/2016
y{OUR) HOMETOWN
AGENDAITEM:
Review EDC June 2, 2016 and June 14, 2016 meeting minutes. (Jessica Perkins)
SUMMARY:
STAFF RECOMMENDATION:
No Council action is required.
ATTACHMENTS:
Description
June 2, 2016 Minutes
June 14, 2016 Minutes
Upload Date Type
8/18/2016 Exhibit
8/18/2016 Exhibit
IL
MINUTES OF REGULAR MEETING OF THE
ANNA ECONOMIC DEVELOPMENT CORPORATION
ECONOMIC
DFVIL1- Thursday, June 2, 2016
The Anna Economic Development Corporation ("EDC") of the City of Anna met at 5:001
p.m., on Thursday, June 2, 2016, at the Anna City Hall Administration Building, 111
North Powell Parkway (Hwy. 5), and Anna, Texas.
1. Call to Order
Connie Stump, President, called the meeting to order at 5:53 p.m., and after roll
call and the establishment of a quorum, the following items were presented to the
Directors for their consideration.
2. Roll Call and Establishment of Quorum.
Directors in attendance: John Houcek, Connie Stump, Brent Thomas, and
Alonzo Tutson.
Directors in Abstention: Doug Hermann, Michael Williams.
A quorum was declared present and the floor was open for business.
Others in attendance: Clark McCoy, legal counsel for CDC; Jessica Perkins,
Chief Administrative Officer; and Sherilyn Godfrey, Secretary.
3. Presentation from Image Vision.
Steve White and Mitch Butler and associates from Image Vision attended the
meeting. The business has recently suffered a financial downturn due to a sour
deal. Vision Image is in the process of restructuring the business. A slide
presentation was given outlining the products presently being offered and future
projects to be instituted, such as "intelligence" and security cameras. Meanwhile,
Vision Image has been selling various programs to companies in the area, such
as ATT.
1 ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development
Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will
begin immediately after the conclusion of the meeting of the Anna Community Development Corporation.
IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda.
The Corporation 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 Opening Meetings Act. Disable persons who want
to attend this meeting and 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.
06-02-2016 Regular EDC Minutes.doc 1
4. Consider/Discuss/Action regarding the lease agreement with Image Vision
for property located at 312 North Powell Parkway.
Image Vision is asking to forgo rent payments until the end of the year. After
some discussion, the Board agreed to forego the rent payments for the months of
July, August, and September. An update will be given sometime in September.
Brent Thomas made a motion authorizing Vision Image to forego its rent
payments for the coming three months, with an update to be given at the end of
this time period. Alonzo Tutson seconded the motion. Motion passed.
5. Discussion regarding reallocation of sales tax revenue.
A discussion was held during the meeting the Anna Community Development
Corporation meeting and there was no further discussion needed.
6. CLOSED SECTION.
a. Discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex. Gov't Code §661.072).
b. Consult with legal counsel on matters in which the duty of the attorney to
the government 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 §661.071).
C. Discuss or deliberate Economic Development Negotiations:
(1) To discuss or deliberate regarding commercial or financial information that the
Board of Directors has received from a business prospect that the Board of
Directors seeks to have locate, stay, or expand in or near the territory of the City
of Anna and with which the Board 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 §661.087); agreement with
Empowered Training Centre.
Not necessary.
1 ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development
Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will
begin immediately after the conclusion of the meeting of the Anna Community Development Corporation.
IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda.
The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it si considered necessary and legally justified under the Opening Meetings Act. Disable persons who want
to attend this meeting and 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.
06-02-2016 Regular EDC Minutes.doc 2
7. Consider/Discuss/Action regarding adopting a resolution authorizing a
purchase of contract of land.
EDC and Anna Community Development Corporation are in the process of
purchasing land to be marketed as a business and/or a tech park located at the
northeast corner of Hwy. 5 and the Collin County Outer Loop. Brent Thomas
made a motion to adopt the resolution authorizing the Purchase Agreement,
pursuant to Exhibit E, be fully executed which is subject to the final review of
legal counsel and any necessary approval by the City of Anna City Council. John
Houcek seconded the motion. Motion passed.
8. Consider/Discuss/Action regarding adopting a resolution authorizing the
purchase of surveying services for land generally located the northeast
corner of Hwy. 5 and the Collin County Outer Loop approximately 85.6
acres.
After approving the Purchase Agreement of the land sale, the Board needs to
move forward with the necessary due diligence, during the 120 day inspection
period, that includes a survey. John Houcek made a motion to adopt the
resolution authorizing a survey to be conducted and for the CAO to charge the
Contract Services line item in the amount not to exceed $12,000.00. Brent
Thomas seconded the motion. Motion passed.
9. Consider/Discuss/Action regarding adopting a resolution authorizing the
purchase of Geotechnical services for land generally located the northeast
corner of Hwy. 5 and the Collin County Outer Loop approximately 85.6
acres.
After approving the Purchase Agreement of the land sale, the Board needs to
move forward with the necessary due diligence, that includes geotechnical
exploration and, in particular, borings into the land to determine soil typing. Once
this is done, infrastructure and site improvements can be made. John Houcek
made a motion to adopt the resolution authorizing the services of Geotechnical
and for the CAO to charge the Contract Services line item in the amount not to
exceed $3,500.00. Alonzo Tutson seconded the motion. Motion passed.
10. ConsiderlDiscusslAction regarding adopting a resolution authorizing the
purchase of environmental services for land generally located the
1 ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development
Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will
begin immediately after the conclusion of the meeting of the Anna Community Development Corporation.
IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda.
The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it si considered necessary and legally justified under the Opening Meetings Act. Disable persons who want
to attend this meeting and 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.
06-02-2016 Regular EDC Minutes.doc 3
northeast corner of Hwy. 5 and the Collin County Outer Loop approximately
85.6 acres.
After approving the Purchase Agreement of the land sale, the Board needs to
move forward with the necessary due diligence, that includes environmental
services to determine it there are chemical concerns or any other hazards. Once
this is done, infrastructure and site improvements can be made. John Houcek
made a motion to adopt the resolution authorizing the CAO to charge the
Contract Services line item for environment services, in the amount, not to
exceed $2,200.00. Brent Thomas seconded the motion. Motion passed.
11. Consider/Discuss/Action regarding accepting Lee Miller's resignation from
the board.
Lee Miller was recently elected to City Council requiring him to resign from the
joint Boards. A motion was made by Alonzo Tutson to accept Lee Miller's
resignation. John Houcek seconded the motion. Motion passed.
12. Consider/Discuss/Action regarding minutes from May 5, 2016.
Brent Thomas made a motion to accept the minutes as written. John Houcek
seconded the motion. Motion passed.
[THIS SPACE INTENTIONAL LEFT BLANK]
1 ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development
Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will
begin immediately after the conclusion of the meeting of the Anna Community Development Corporation.
IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda.
The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it si considered necessary and legally justified under the Opening Meetings Act. Disable persons who want
to attend this meeting and 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.
06-02-2016 Regular EDC Minutes.doc 4
13. Adjourn.
Alonzo Tutson made a motion to adjourn the meeting. John Houcek seconded
the motion and the meeting adjourned at 6:49 p.m.
APPROVED:
Connie Stump
President of EDC
I ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development
Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will
begin immediately after the conclusion of the meeting of the Anna Community Development Corporation.
IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda.
The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it si considered necessary and legally justified under the Opening Meetings Act. Disable persons who want
to attend this meeting and 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.
06-02-2016 Regular EDC Minutes.doc
SPECIAL JOINT MEETING AGENDA
ANNA ECONOMIC DEVELOPMENT CORPORATION
And
ANNA COMMUNITY DEVELOPMENT CORPORATION
Tuesday, June 14, 2016 AT 5:00
ANNA CITY HALL
111 N. POWELL PKWY., ANNA, TEXAS
The Anna Community Development Corporation ("CDC") of the City of Anna met at 5:00
p.m., on Tuesday, June 14, 2016, at the Anna City Hall Administration Building, 111
North Powell Parkway (Hwy. 5), and Anna, Texas.
1. Call to Order
John Houcek, President, called the meeting to order at 5:25p.m., and after roll
call and the establishment of a quorum, the following items were presented to the
Directors for their consideration.
2. Roll Call and Establishment of Quorum.
Directors in attendance: John Houcek, Connie Stump, Brent Thomas, and
Alonzo Tutson.
Directors in Abstention: Doug Hermann, Michael Williams.
A quorum was declared present and the floor was open for business.
Others in attendance: Clark McCoy, legal counsel for CDC; Jessica Perkins,
Chief Administrative Officer; and Sherilyn Godfrey, Secretary.
In recognition of Flag Day, the Pledge of Allegiance was recited.
3. Presentation from First Southwest regarding funding options for proposed
land purchase.
Jessica Perkins introduced Andre Ayala from First Southwest. He proceeded to
outline the funding options available for financing the land purchase.
' ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development
Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will
begin immediately after the conclusion of the meeting of the Anna Community Development Corporation.
IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda.
The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it si considered necessary and legally justified under the Opening Meetings Act. Disable persons who want
to attend this meeting and 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.
4. Consider/Discuss/Action regarding adopting a resolution of the Board of
Directors of the Anna Community Development Corporation directing
publication of notice of projects and notice of public hearing.
Jessica Perkins informed the Board about the legal requires necessary to giving
notice of a project/expenditure by conducting a public hearing. John Houcek
made a motion to adopt the resolution authorizing the CAO to proceed with the
publication. Brent Thomas seconded the motion. Motion passed all.
5. Adjourned.
Brent Thomas made a motion to adjourn. Alonzo Tutson seconded the motion
and the meeting adjourned at 5:56 p.m.
APPROVED:
hn Houcek
resident of CDC
APPROVED:
onstance Ann Stump
President of EDC
1 ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development
Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will
begin immediately after the conclusion of the meeting of the Anna Community Development Corporation.
IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda.
The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it si considered necessary and legally justified under the Opening Meetings Act. Disable persons who want
to attend this meeting and 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.
I
Item No. 5.e.
City Council Agenda
Staff Report
Meeting Date: 8/23/2016
y{OUR) HOMETOWN
AGENDAITEM:
Resolution authorizing the City Manager to execute a contract with Advanced Paving Company for
the construction of the Fern Street Rehabilitation Project. (Joseph Johnson)
���J►�� I►�i I_1 N'E
On August 18, 2016 at 4:30 PM sealed bids were opened for the Fern Street Rehabilitation
Project. This project includes the installation 3,432 square yards of asphalt rehabilitation and 566
tons of 3" Type `D' hot -mix asphalt concrete (HMAC) in connection with the reconstruction of Fern
Street. There is also an additive alternate bid for this project to provide Type A Flex Base for
subgrade rehabilitation. Advanced Paving Company is the apparent low bidder for this project.
The City's consulting engineer has reviewed the bids and bidder qualifications and recommends
that the City of Anna award the contract to Advanced Paving Company to include the base bid of
$85,913.80 and the additive alternate of $10,650.00 for a total contract amount of $96,563.80.
There are funds available for this project in the 2016 Fiscal Year (FY 16) General Fund budget
using funds assigned for street rehabilitation. We expect this project to commence just prior to the
end of FY 16 and complete just after the beginning of FY 17.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution.
ATTACHMENTS:
Description
Resolution
Exhibit 1, Bid Forms and Contract
BHC Bid Award Recommendation Letter
Bid Tabulation
Upload Date
Type
8/19/2016
Resolution
8/19/2016
Exhibit
8/19/2016
Backup Material
8/19/2016
Backup Material
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT WITH ADVANCED PAVING COMPANY
FOR THE FERN STREET REHABILITATION PROJECT.
WHEREAS, the Fern Street Rehabilitation Project (the "Project") is necessary in order to
remove and replace 1,300 linear feet of asphalt pavement on Fern Street; 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 August 18, 2016 at 4:30 P.M.; and,
WHEREAS, Advanced Paving Company submitted the low base bid having submitted a bid
of $85,913.80; and,
WHEREAS, Advanced Paving Company submitted a bid of $10,950.00 for the additive
alternate bid; and,
WHEREAS, the City of Anna's consulting engineer, having reviewed said bids and bidder's
qualifications has recommended award of the contract to Advanced Paving Company to
include the base and additive alternate bids for a total not to exceed contract amount of
$96,563.80; and,
WHEREAS, there are funds available for the Project in the General Fund 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 Advanced Paving Company 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.
The City Council hereby approves the contract agreement with Advanced Paving Company
for the Project, attached hereto as Exhibit 1, and authorizes, 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.
RESOLUTION NO. PAGE 1 OF 2
FERN STREET REHABILITATION BID AWARD
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 23rd day
of August 2016.
ATTEST:
APPROVED:
City Secretary Carrie L. Smith Mayor Mike Crist
RESOLUTION NO.
FERN STREET REHABILITATION BID AWARD
PAGE 2OF2
QUALIFICATION STATEMENT OF BIDDERS
SUBMITTED TO: City of Anna
Reviewed by:
Date Received:
CONTRACTOR:
CIRCLE ONE: ❑ Sole Proprietor ❑ Partnership
NAME:
ADDRESS:
CITY:
PHONE:
PRINCIPAL PLACE OF BUSINESS:
COUNTY
STATE
❑ Corporation ❑ 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:
TITLE:
PHONE:
NAMES OF OFFICERS- (IF APPLICABLE)
ADDRESS:
STATE
CITY STATE ZIP
LIST NUMBER OF EMPLOYEES WORKING FOR CONTRACTOR:
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
❑ Concrete Paving
❑ Misc. Concrete
❑ Channel Lining
❑ Pump Stations
❑ Storm Sewer
❑ Earth Work
❑ Bridge Work
❑ Demolition
❑ Landscaping
❑ Water & Sanitary Sewer Lines
❑ Steel Erection
❑ Painting
❑ Fog Seal
❑ Chip Seal
j:\clerical\anna\1-general services\4007-city projects\222-fern street rehab\specs\tech-spec\temp\pdf of contract\05-qualification statement.docx - 9 - Qua
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:
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PROJECT:
OWNER/ENGINEER:
PERCENT COMPLETE:
CONTACT PERSON:
PROJECT:
OWNER/ENGINEER:
PERCENT COMPLETE:
CONTACT PERSON:
(USE ATTACHMENTS IF NECESSARY)
CONTRACT PRICE:
PHONE:
CONTRACT PRICE:
PHONE:
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, NAME 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
Contact Person:
Address -
City -
OTHER CREDIT REFERENCES -
Name:
Address -
Phone:
State:
Position:
Phone:
Name:
Address:
Phone:
Zip:
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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:
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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? _
2. 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:
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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.
0
Non-resident vendors in
business, are required to be _
A copy of the statute is attached.
(give state), our principal place of
perceOnt lower than resident bidders by state law.
Non-resident vendors in (give state), our principal place of
business, are not required to underbid resident bidders.
Our principal place of business or corporate office is in the State of Texas.
BIDDER/OFFEROR:
Company:
Address: Signature:
City
Phone:
Title:
State Zip
(please print)
(please print)
THIS FORM MUST BE RETURNED WITH YOUR QUOTATION
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CONFLICT OF INTEREST QUESTIONNAIRE
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CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
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.
OFFICEUSEONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code
Date Received
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 undersection 176.006(a).
By law this questionnaire must be filed with the 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.
1 Name of person who has a business relationship with local governmental entity.
2
❑ Checkthis box if you are filing an update to a previously filed questionnaire.
(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.)
3
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 F7 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?
F]Yes FINo
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-1 No
D. Describe each employment or business relationship with the local government officer named in this section.
4
Signature of person doing business with the governmental entity Date
Adopted 06/29/2007
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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 corporation)
Date
Date
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PROPOSAL AND BID FORM
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PROPOSAL AND BID FORM
Proposal of:
Address:
(hereinafter called "Bidder")
To the Honorable Mayor and City Council
City of Anna, Texas (hereinafter called "Owner")
Deadline for Submission of Sealed Competitive Bid: Thursday, August 18, 2016 at 4:30 P.M.
Date of Sealed Bid Opening: Thursday, August 18, 2016 at 4:30 p.m.
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of:
FERN STREET REHABILITATION
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 Forty -Five (45)
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
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specified in the special provisions, shall be deducted from the monies due the
CONTRACTOR:
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
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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.
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.
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CITY OF ANNA, TEXAS
Fern Street Rehabilitation
BID SCHEDULE
BASE BID
Item
Estimated
Price in
Extended
No.
Quantity
Unit
Description and Price in Words
Figures
Amount 11
Scarify, Remix & Compact Pavement Surface
and Base Material (TxDOT Item 251) to a
101 3,432 S.Y. Minimum Depth of 6-inches
complete in place, the sum of
Dollars
and
Cents per Square Yard
Furnish & Install 3-inch TxDOT Type "D"
102 566 Tons HMAC Surface (TxDOT Item 340)
complete in place, the sum of
Dollars
and
Cents per Ton
103 45 L.F. Full Depth HMAC Sawcut
complete in place, the sum of
Dollars
and
Cents ner Linear Foot
104 500 I L.F. lWedge Milling (5-ft Wide)
complete in place, the sum of
Dollars
and
Cents ner Linear Foot
105 1 I L.S. I Furnish, Install & Maintain Erosion Control
complete in place, the sum of
Dollars
and
Cents ner Lumn Sum
- 28 - Proposal Bid Form
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BASE BID
Item
Estimated
Price in
Extended
No.
Quantity
Unit
Description and Price in Words
Figures
Amount 11
106 I 1 I Ea. Furnish a Traffic Control Plan
complete in place, the sum of
Dollars
and
Cents Der Each
Install, Maintain & Remove Traffic Control
107 1 L.S. Devices
complete in place, the sum of
and
Cents Der Lump Sum
108 1 O't—Fa__Lroject Sign
Add #1
Dollars
and
Cents Der Each
OF BASE BID (Items 101 Through 1
- 29 - Proposal Bid Form
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ADDITIVE ALTERNATE
Item
Estimated
Price in
Extended
No.
Quantity
Unit
Description and Price in Words
Figures
I Amount 11
201
1501
Tons
Furnish & Install Flex Base Type "A", Grade 1
(TxDOT 247)
complete in place, the sum of
Dollars
and
Cents Der Ton
OUNT OF ADDITIVE ALTERNATE BID (Item 201
SUMMARY OF BID
AMOUNT OF BASE BID (Items 101 Through 107)
AMOUNT OF ADDITIVE ALTERNATE BID (Item 201)
TOTAL AMOUNT OF BID (Base Bid + Additive Alternate) $ -
- 30 - Proposal Bid Form
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BID PROPOSAL
FOR
FERN STREET REHABILITATION
Recapitulations
TOTAL AMOUNT OF BID
E11
Notice of award will be mailed to the undersigned at the following addresses:
go
Contractor
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.
Date:
No.
Date -
No.
Date -
List Subcontracts (Company name, contact number and type of work)-
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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: FERN STREET REHABILITATION
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)
Signature:
Title:
Company
(please print)
Address
City, County, State and Zip
Telephone
Fax
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CONTRACT AGREEMENT
THIS 2nd Street Rehabilitation Contract
this day of , 20_
Texas municipal corporation, ("City") and
at
(hereinafter this "Contract Agreement") entered into
by and between the CITY OF ANNA, TEXAS, a
("Contractor"), located
WITNESSETH:
WHEREAS, the City wishes to contract for the project identified as 2nd Street Rehabilitation
(the "Project"); and
WHEREAS, the Project shall include all work and activities necessary to complete the following
scope of work (hereinafter referenced as "Work"):
Fern Street Rehabilitation
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;
Bidder's Bond;
Performance Bond;
Payment Bond;
Maintenance Bond;
Certificate of Insurance;
jAclericahanna\1-general services\4007-city projects\222-fern street rehab\specs\tech-spec\temp\pdf of contract\13-contract agreement.docxCA-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.
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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.
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:
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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 50% Completion (as defined herein below) of the Project before
September 30, 2016, following the issuance of the Notice to Proceed, (sometimes
hereinafter referred to as the "Contract Time"). 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
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.
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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 within 10 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
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.
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(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 $
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 101h 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.
(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 the 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
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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:
(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;
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(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
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;
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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.
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.
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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
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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;
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.
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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
required by the Owner, the Contractor shall furnish satisfactory evidence as to the kind and
quality of materials and equipment.
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Section 10. INDEMNITY
Except for expenses or liabilities arising from the negligence of the City, the Contractor hereby
expressly agrees to indemnify and hold the City harmless against 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 allegations are
false, fraudulent or groundless), and costs (including reasonable attorney's fees,
litigation, arbitration, mediation, appeal expenses incurred in any matter, including a
proceeding 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
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;
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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).
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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.
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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.
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.
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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.
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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
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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
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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.
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
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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
City, and attached hereto, with a Power of Attorney Affidavit, each in an amount not less than
the Contract price.
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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. VIDEO OF PROJECT SITE
The Contractor shall provide the City a DVD of the entire project site prior to commencement of
construction activities. The contractor shall provide a second DVD to the City of the entire project site
once construction is complete and prior to final testing and acceptance by the City. There is no
additional pay item for the DVD videos and they are considered subsidiary to the project.
Section 21. 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.
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Section 22. 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 23. 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:
Section 24. 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.
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Nothing in this Section shall be construed to limit the City's authority to issue changes set forth in
Section 14 herein.
Section 25. 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 26. 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:
Natha Wilkison, City Secretary
(SEAL)
(Contractor)
(name and title of authorized representative)
ATTEST:
SECRETARY
(SEAL)
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BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS, that
(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
Dollars ($ ) (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:
FERN STREET REHABILITATION
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.
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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:
Principal
By:
Print Name:
Title:
Address:
Phone/Fax:
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.
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Bonds
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that (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
Dollars ($ ) 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:
FERN STREET REHABILITATION
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.
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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:
Principal
By:
Print Name:
Title:
Address:
Phone/Fax:
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 copv of the Power
of Attorney for our files, AND ATTACHED TO THIS BOND.
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Bonds
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS, that (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:
Dollars ($ ) 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 20 for the:
FERN STREET REHABILITATION
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.
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Bonds
IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed
this instrument this
Surety
By:
Print Name:
Title:
Address:
Phone/Fax:
day of 20
Principal
By:
Print Name:
Title:
Address:
Phone/Fax:
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.
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Bonds
MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT
and
as PRINCIPAL,
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 Dollars
($ ) 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:
FERN STREET REHABILITATION
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.
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Bonds
IN WITNESS WHEREOF, the said , (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
Y:
Print Name:
Title:
Address:
Phone/Fax:
Principal
By:
Print Name:
Title:
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.
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Bonds
CERTIFICATE OF INSURANCE
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Certificate of Insurance
CERTIFICATE OF INSURANCE
TO: CITY OF ANNA DATE:
ANNA, TEXAS PROJECT:
THIS IS TO CERTIFY THAT
(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 hereon.
TYPE OF INSURANCE
Policy No.
Effective
Expires
Limits of Liability
Workmen's
Per Person $
Compensation
Per Occur. $
Property Damage $
Per Person $
Public Liability
Per Occur. $
Property Damage $
Per Person $
Contingent Liability
Per Occur. $
Property Damage $
Per Person $
Property Damage
Per Occur. $
Property Damage $
Per Person $
Builder's Risk
Per Occur. $
Property Damage $
Per Person $
Automobile
Per Occur. $
Property Damage $
Per Person $
Other
Per Occur. $
Property Damage $
The foregoing Policies (do) (do not) cover all sub -contractors.
Locations Covered -
Description of Operations Covered:
Additional Insured: City of Anna, Texas
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 the legal time required after the
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Certificate of Insurance
insured has received written notice of such change or cancellation, or in case there is no legal
requirement, in less than sixty (60) days in advance of cancellation or change.
FIVE COPIES OF THIS CERTIFICATE
MUST BE SENT TO THE OWNER
(Name of Insurer)
By:
Title:
Address:
Phone/Fax:
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Certificate of Insurance
NOTICE TO PROCEED
Project: Fern Street Rehabilitation — City of Anna, TX
Issued To:
Date Issued:
You are hereby notified to commence work in accordance with the Agreement dated the
day of 20 on or
before the day of ,
20 and complete all of the work within consecutive calendar days
thereafter.
The date of completion for all work shall therefore be the
, 20
Issued by: City of Anna, Texas (Owner)
go
Philip Sanders, City Manager
ACCEPTANCE OF NOTICE:
day of
Receipt of the above notice to proceed is hereby acknowledged by
(contractor), this day of
.20
Contractor
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Notice to Proceed
CHANGE ORDER
Date of Issuance:
Effective Date:
Owner: City of Anna, TX
Project: Fern Street Rehabilitation
Contract changes are approved as follows:
Description of changes:
Reason for Change Order:
Attachments:
CONTRACT PRICING
Original Contract Amount including Add/Alternates:
$
Net Increase from Previous Change Orders:
$
Contract Price Prior to this Change Order:
$
Net Increase/Decrease of this Change Order:
$
Contract Price with All Approved Change Orders:
$
City of Anna, TX
By: Philip Sanders, City Manager
Date:
[Insert Name of Contractor]
By: [Insert name of signator]
Date:
Please sign both copies; return one copy to: City of Anna, TX
c/o (Insert name of project manager]
PO Box 776
Anna, TX 75409-0776
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Change Order
BIRKHOFF, HENDRICKS & CARTER, L.L.P.
PROFESSIONAL ENGINEERS
11910 Greenville Ave., Suite 600 Dallas, Texas 75243 Fax (214) 461-8390 Phone (214) 361-7900
JOHN W. BIRKHOFF, RE,
GARY C, HENDRICKS, P.E.
JOE R. CARTER, P.E.
MATT HICKEY, P.E.
ANDREW MATA, JR., RE,
JOSEPH T. GRAJEWSKI, III, RE.
DEREK B. CHANEY, P.E.
CRAIG M. KERKHOFF. P.E.
Mr. Joseph Johnson
Director of Public Works
City of Anna
3223 N. Powell Parkway
Anna, Texas 75409
Re: Fern Street Rehabilitation
Dear Mr. Johnson:
August 19, 2016
We have checked the bids received at 4:30 p.m., Thursday, August 18, 2016, for the Fern Street Rehabilitation
project. We are enclosing six (6) copies of the Bid Summary and itemized Bid Tabulation.
Advanced Paving Company. of Dallas, Texas submitted the low base bid in the amount of $85,913.80, with an
additive alternate bid of $10,650.00. The Total amount of bid (base + alternate) was in the amount of
$96,563.80. We have reviewed their statement of qualifications and references provided and find that Advanced
Paving Company has a record of satisfactorily completing projects similar to this project.
Accordingly, based on the information we have available to us, we recommend that the City accept the bid from
Advanced Paving Company and award them a contract in the amount of $96,563.80
We are available to discuss our recommendation further at your convenience.
Sincerely,
[J
/aigM. K rk o , P.E.. C.F.M.
Enclosures
cc: Mr. Philip Sanders
TBPE Firm 526 ACEC Wellness Firm =* Better Decisions -Better Designs TBPLS Firm 100318-00
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CITY OF ANNA, TEXAS
Fern Street Rehabilitation
BID SUMMARY
Bids Received at 4:30 p.m., Thursday, August 18, 2016
ADDITIVE
TOTAL
BASE BID
ALTERNATE
AMOUNT OF BID
Contractor
(Items 101-107)
(Item 201)
(Base + Alternate)
1.
Advanced Paving Company
2311 Joe Field Rd.
Dallas, Texas 75229
$
85,913.80
$
10,650.00
$
96,563.80
2.
Quality Excavation, Ltd.
5580 U.S. Hwy 377
Aubrey, Texas 76227
$
98,280.60
$
5,250.00
$
103,530.60
3.
WOPAC Construction, Inc.
4007 F.M. 1461
McKinney, Texas 75071
$
120,794.20
$
8,250.00
$
129,044.20
4.
SPI Asphalt, LLC
8565 Thompson Rd.
Justin, Texas 76247
$
131,964.35
$
2,362.50
$
134,326.85
5.
Peachtree Construction, Ltd.
5801 Park Vista Cir.
Keller, Texas 76244
$
171,934.00
1 $
11,250.00
1 $
183,184.00
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TABULATION OF BIDS
Date: August 18, 2016
Project: CITY OF ANNA, TEXAS BIRKHOFF, HENDRICKS & CARTER, L.L.P.
Fern Street Rehabilitation PROFESSIONAL ENGINEERS
Dallas, Texas
BID OF
Advanced Paving Company
2311 Joe Field Rd.
Dallas, Texas 75229
BID OF
Quality Excavation, Ltd.
5580 U.S. Hwy 377
Aubrey, Texas 76227
BID OF
WOPAC Construction, Inc.
4007 F.M. 1461
McKinney, Texas 75071
BID OF
SPI Asphalt, LLC
8565 Thompson Rd.
Justin, Texas 76247
BID OF
Peachtree Construction, Ltd.
5801 Park Vista Cir.
Keller, Texas 76244
Item
No.
Approximate
Quantities
Unit
Descri tion
Unit Bid
Price
Extension
Unit Bid
Price
Extension
Unit Bid
Price
Extension
Unit Bid
Price
Extension
Unit Bid
L Price
Extension
BASE BID
101
3,432
S.Y.
Scarify, Remix & Compact Pavement Surface and Base Material (TxDOT
Item 251) to a Minimum Depth of 6-inches
$5.15
$ 17,674.80
$8.55
$ 29,343.60
$14.35
$ 49,249.20
$6.30
$ 21,621.60
$17.00
$ 58,344.00
102
566
Tons
Furnish & Install 3-inch TxDOT Type "D" HMAC Surface (TxDOT Item
340)
$91.50
$ 51,789.00
$102.00
$ 57,732.00
$120.00
$ 67,920.00
$171.60
$ 97,125.60
$175.00
$ 99,050.00
103
45
L.F.
Full Depth HMAC Sawcut
$10.00
$ 450.00
$9.00
$ 405.00
$5.00
$ 225.00
$17.27
$ 777.15
$12.00
$ 540.00
104
500
L.F.
Wedge Milling (5-ft Wide)
$20.00
$ 10,000.00
$12.00
$ 6,000.00
$3.00
$ 1,500.00
$17.00
$ 8,500.00
$17.00
$ 8,500.00
105
1
L.S.
Furnish, Install & Maintain Erosion Control
$2,000.00
$ 2,000.00
$2,600.00
$ 2,600.00
$1,500.00
$ 1,500.00
$1,000.00
$ 1,000.00
$1,500.00
$ 1,500.00
106
1
Ea.
Furnish a Traffic Control Plan
$1,000.00
$ 1,000.00
$500.00
$ 500.00
$150.00
$ 150.00
$2,520.00
$ 2,520.00
$500.00
$ 500.00
107
1
L.S.
I Install, Maintain & Remove Traffic Control Devices
$3,000.00
$ 3,000.00
$1,700.00
$ 1,700.00
$250.00
$ 250.00
$420.00
$ 420.00
$3,500.00
$ 3,500.00
AMOUNT OF BASE BID (Items 101 Through 107)
$ 85 913.80
$ 98 280.60
$ 120 794.20
$ 131 964.35
$ 171 934.00
ADDITIVE ALTERNATE
201
150
Tons
Furnish & Install Flex Base Type "A", Grade 1 (TxDOT 247)
$71.00
$ 10,650.00
$35.00
$ 5,250.00
$55.00
$ 8,250.00
$15.75
$ 2,362.50
$75.00
$ 11,250.00
AMOUNT OF ADDITIVE ALTERNATE BID (Item 201)
$ 10 650.00
$ 59250.00
$ 89250.00
$ 29362.50
$ 11 250.00
TOTAL AMOUNT OF BID (Base Bid + Additive Alternate)
$ 96 563.80
$ 103 530.60
$ 129 044.20
$ 134 326.85
$ 183 184.00
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I
Item No. 5.f.
City Council Agenda
Staff Report
Meeting Date: 8/23/2016
YOUR) HOMETOWN
AGENDAITEM:
Resolution approving a Development Agreement with Linda Bryant O'neal. (Maurice Schwanke)
SUMMARY:
Earlier this year, the City extended an offer of a non -annexation development agreement to the
owners of various properties located in Anna's extraterritorial jurisdiction. The development
agreement would guarantee that the properties would remain outside the city limits for five (5)
years) after which the property owners would consent to voluntary annexation.
The owner of the property located at 834 County Road 373 (a 45.4± - acre tract) has accepted the
proposed development agreement.
The agreement guarantees the continuation of the extraterritorial status of the property for five (5)
years or until such time as a subdivision plat or related development document is filed with the City
for the property, whichever occurs first. The land is currently used for residential and agricultural
purposes.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution and agreement.
ATTACHMENTS:
Description
Resolution Approving Development Agreement
Exhibit 1, Development Agreement
Exhibit A
Location Map
Upload Date
Type
8/17/2016
Resolution
8/17/2016
Exhibit
8/17/2016
Exhibit
8/17/2016
Exhibit
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF ANNA, TEXAS AND LINDA BRYANT O'NEAL AUTHORIZING THE CITY
MANAGER TO EXECUTE SAME ON BEHALF OF THE CITY.
WHEREAS, the City of Anna, Texas (the "City") and Linda Bryant O'neal (the
"Owner") desire to enter into a Chapter 43 and Chapter 212 Texas Local Government
Code Development Agreement (the "Agreement"); and
WHEREAS, the City Council of the City of Anna, Texas (the "City Council") finds that
approval of the Agreement is in the best interests of the citizens of Anna;
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. Approval of Agreement
The City Council hereby approves the Agreement, attached hereto as Exhibit 1,
incorporated herein for all purposes and authorizes the City Manager to execute same
on behalf of the City. The Agreement is not valid unless properly executed by the City
Manager.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 23rd
day of August, 2016.
ATTEST: APPROVED:
City Secretary, Carrie L. Smith Mayor, Mike Crist
Exhibit 1
Resolution 2016-08-
STATE OF TEXAS
COUNTY OF COLLIN
CHAPTER 43 & CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
DEVELOPMENT AGREEMENT
This Agreement is entered into pursuant to Sections 43.035 and/or 212.172 of the
Texas Local Government Code by and between the City of Anna, Texas (the "C") and
the undersigned property owner(s) (the "Owner"). The term "Owner" includes all owners
of the Property.
WHEREAS, Owner and the City are sometimes collectively referenced in this
Agreement as the "Parties" or, each individually, as "P_ _arty"; and
WHEREAS, the Owner owns a parcel of real property(s) (the "Property") in Collin
County, Texas, commonly described as (insert brief property description); and as shown
in the attached Exhibit "A"; and
WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial
jurisdiction, in consideration for which the Owner agrees to enter into this Agreement;
and
WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and/or 212.172
of the Texas Local Government Code, in order to address the desires of the Owner and
the procedures of the City; and
WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon
the City and the Owner and their respective successors and assigns for the Term
(defined below) of this Agreement; and
WHEREAS, this Development Agreement is to be recorded in the Real Property
Records of Collin County;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties hereto agree as follows.
Section 1. IMMUNITY FROM ANNEXATION
The City guarantees the continuation of the extraterritorial status of the Owner's
Property, its immunity from annexation by the City, and its immunity from City property
taxes, for the Term of this Agreement, subject to the provisions of this Agreement.
Except as provided in this Agreement, the City agrees not to annex the Property, agrees
not to involuntarily institute proceedings to annex the Property, and further agrees not to
include the Property in a statutory annexation plan for the Term of this Agreement.
However; if the Property is annexed pursuant to the provisions of this Agreement, then
the City small provide services to the Property pursuant to Chapter 43 of Texas Local
Government Code.
Section 2. OWNER OBLIGATIONS
(a) Owner covenants and agrees not to use the Property for any use other than for
the Existing Land Uses or for agriculture, wildlife management, and/or timber
land consistent with Chapter 23 of the Texas Tax Code, without the prior written
consent of the City.
1. Existing Land Uses mean the legal uses of the Property in existence as of
the Effective Date of this Agreement.
2 (b) Owner covenants and agrees that the Owner will not file any type of subdivision
plat or related development document for the Property with Collin County or the
City until the Property has been annexed into, and zoned by, the City.
(c) Owner covenants and agrees not to construct, or allow to be constructed, any
building on the Property that would require a building permit if the Property were
in the city limits, until the Property has been annexed into, and zoned by, the
City.
(d) Owner acknowledges that each and every owner of the Property must sign this
Agreement in order for the Agreement to take full effect, and the Owner who
signs this Agreement covenants and agrees, jointly and severally, to indemnify,
hold harmless, and defend the City against any and all legal claims, by any
person claiming an ownership interest in the Property who has not signed the
Agreement, arising in any way from the City's reliance on this Agreement.
(e) Owner acknowledges that if any plat or related development document is filed in
violation of this Agreement, or if the Owner commences development of the
Property in violation of this Agreement, then in addition to the City's other
remedies, such act will constitute a petition for voluntary annexation by the
Owner, and the Property will be subject to annexation at the discretion of the City
Council. The Owner agrees that such annexation shall be voluntary and the
Owner hereby consents to such annexation as though a petition for such
annexation had been tendered by the Owner. If annexation proceedings begin
pursuant to this Section 2(e), the Owner acknowledges that this Agreement
serves as an exception to Local Government Code Section 43.052, requiring a
municipality to use certain statutory procedures under an annexation plan.
Furthermore, the Owner hereby waives any and all vested rights and claims that
they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local
Government Code that would otherwise exist by virtue of any actions Owner has
taken in violation of Section 2 herein. The Owner further agrees that the Owner
will not in any manner contest any annexation of the Property initiated by the City
under this Section 2(e) or any annexation of the Property completed by the City
after the Term of this Agreement.
Section 3. CITY REGULATIONS AND PLANNING AUTHORITY
Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Government Code, the City. is
authorized to enforce all of the City's regulations and planning authority that do not
materially interfere with the uses of the Property authorized under Section 2(a) of this
Agreement.
Section 4. EFFECTIVE DATE
The "Effective Date" of this Agreement is the date that the last of the Partiessignatures
to this Agreement is fully and properly affixed to this Agreement and acknowledged by a
notary public. The City's duties and obligations hereunder shall not arise unless and
until the City Council has duly adopted this Agreement and Owner has duly executed
this Agreement and delivered same to the City.
Section 5. TERM
(a) The term of this Agreement (the "Term") is five (5) years from the Effective Date.
(b) The Owner, and all of the Owner's heirs, successors and assigns shall be
deemed to have filed a petition for voluntary annexation before the end of the
Term, for annexation of the Property to be completed on or after the end of the
Term. Prior to the end of the Term, the City may commence the voluntary
annexation of the Property. In connection with annexation pursuant to this
Section 5(c), the Owners hereby waive any vested rights they may have under
Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that
would otherwise exist by virtue of any application, plan, plat or construction any
of the Owners may submit or initiate during the time between the expiration of
this Agreement and the institution of annexation proceedings by the City.
Section 6. TEMPORARY ZONING
Property annexed pursuant to this Agreement shall be temporarily classified as SF-E
Single Family Residential —Large Of District until permanent zoning is established by
the City Council pursuant to the City's Code of Ordinances, pending determination of
the Property's permanent zoning in accordance with the provisions of applicable law
and the City's Code of Ordinances.
Section 7. MISCELLANEOUS PROVISIONS
(a) Any person who sells or conveys any portion of the Property shall, prior to such
sale or conveyance, gives written notice of this Agreement to the prospective
purchaser or grantee.
(b) This Agreement shall run with the Property and be recorded in the real property
records of Collin County, Texas.
(c) If a court of competent jurisdiction determines that any covenant of this
Agreement is void or unenforceable, including the covenants regarding
involuntary annexation, then the remainder of this Agreement shall remain in full
force and effect.
(d) This Agreement may be enforced by any Owner or the City by any proceeding at
law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter.
(e) No subsequent change in the law regarding annexation shall affect the
enforceability of this Agreement or the City's ability to annex the properties
covered herein pursuant to the terms of this Agreement.
(f) Exclusive jurisdiction and venue for disputes arising out of or related in any way
to this Agreement shall be in Collin County, Texas.
(g) This Agreement may be separately executed in individual counterparts and, upon
execution, shall constitute one and same instrument.
(h) This Agreement shall survive its termination to the extent necessary for the
implementation of the provisions of Sections 2(e) and 5(b) herein.
Entered into this _day of
Philip Sanders
City Manager, City of Anna, Texas
THE STATE OF TEXAS }
COUNTY OF COLLIN }
2015.
This instrument was acknowledged before me on the day of
Philip Sanders, City Manager, City of Anna, Texas.
Notary Public, State of Texas
THE STATE O TEXAS)
COUNTY OF }
2015, by
This nstr�urme was acl no d e before me on the day of 3 20 by
O�l hG�a /tX� Owner 1. gNll)f,�tlttpL�
�G�`� V • C> I�CS
Notary Public, State of Te as
Co
1111111110
Owner 2
Printed Name
THE STATE OF TEXAS }
COUNTY OF }
This instrument was acknowledged before me on the day of 2015, by
Owner 2,
Notary Public, State of Texas
Owner 3
Printed Name:
THE STATE OF TEXAS)
COUNTY OF }
This instrument was acknowledged before me on the day of 2015, by
Owner 3.
Notary Public, State of Texas
Owner 4
Printed Name
THE STATE OF TEXAS }
COUNTY OF }
This instrument was acknowledged before me on the _day of 2015 by
, Owner 4.
Notary Public, State of Texas
Exhibit "A"
Being a tract of land situated the J.C. Burge Survey, Abstract Number 106, Collin
County, Texas and Being a portion of a called 92acre tract of land conveyed to the
Bryant Living Trust Living by a deed filed for record in volume 4516 at Page 3312 of the
Deed Records of Collin County, Texas. Said tract of land being more particularly
described by metes and bounds as follow:
Beginning at a '/2" rebar in County Road Number 373 at the Northwest corner of the
aforementioned Bryant Living Trust tract for a point for corner;
Thence South 85'48'13" East a distance of 818.31 to a point for corner;
Thence South 02°45'41" West a distance of 2,403.25 for a point for corner;
Thence North87°24'31" West a distance of 823.07 feet to a point for corner;
Thence North 03°07'32" East a distance of 787.20 to a point for corner;
Thence North 02°45'41" East a distance of 1,639.00 feet to the Point of Beginning
and containing 45.394 acres of land more or less.
EXHIBIT A
372
III
7%1
I
Item No. 5.g.
City Council Agenda
Staff Report
Meeting Date: 8/23/2016
YOUR) HOMETOWN
AGENDAITEM:
Resolution approving a Development Agreement with Laura Bryant Collins. (Maurice Schwanke)
SUMMARY:
Earlier this year, the City extended an offer of a non -annexation development agreement to the
owners of various properties located in Anna's extraterritorial jurisdiction. The development
agreement would guarantee that the properties would remain outside the city limits for five (5)
years) after which the property owners would consent to voluntary annexation.
The owner of the property located at 453 County Road 371 (an 83.5± - acre tract) has accepted
the proposed development agreement.
The agreement guarantees the continuation of the extraterritorial status of the property for five (5)
years or until such time as a subdivision plat or related development document is filed with the City
for the property, whichever occurs first. The land is currently used for residential and agricultural
purposes.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution and agreement.
ATTACHMENTS:
Description
Resolution Approving a Development Agreement
Exhibit 1, Development Agreement
Exhibit A
Location Map
Upload Date
Type
8/17/2016
Resolution
8/17/2016
Exhibit
8/18/2016
Exhibit
8/17/2016
Exhibit
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF ANNA, TEXAS AND LAURA BRYANT COLLINS AUTHORIZING THE CITY
MANAGER TO EXECUTE SAME ON BEHALF OF THE CITY.
WHEREAS, the City of Anna, Texas (the "City") and Laura Bryant Collins (the
"Owner") desire to enter into a Chapter 43 and Chapter 212 Texas Local Government
Code Development Agreement (the "Agreement"); and
WHEREAS, the City Council of the City of Anna, Texas (the "City Council") finds that
approval of the Agreement is in the best interests of the citizens of Anna;
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. Approval of Agreement
The City Council hereby approves the Agreement, attached hereto as Exhibit 1,
incorporated herein for all purposes and authorizes the City Manager to execute same
on behalf of the City. The Agreement is not valid unless properly executed by the City
Manager.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 23rd
day of August, 2016.
ATTEST: APPROVED:
City Secretary, Carrie L. Smith Mayor, Mike Crist
STATE OF TEXAS )
COUNTY OF COLLIN )
CHAPTER 43 & CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
DEVELOPMENT AGREEMENT
This Agreement is entered into pursuant to Sections 43.035 and/or 212.172 of the
Texas Local Government Code by and between the City of Anna, Texas (the "citv") and
the undersigned property owner(s) (the "Owner"). The term "Owner" includes all owners
of the Property.
WHEREAS, Owner and the City are sometimes collectively referenced in this
Agreement as the "Parties" or, each individually, as "Party"; and
WHEREAS, the Owner owns a parcel of real property(s) (the "Property") in Collin
County, Texas, commonly described as (insert brief property description); and as shown
in the attached Exhibit "A"; and
WHEREAS, the Ovuner desires to have the Property remain in the City's extraterritorial
jurisdiction, in consideration for which the Owner agrees to enter into this Agreement;
and
WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and/or 212.172
of the Texas Local Government Code, in order to address the desires of the Owner and
the procedures of the City; and
WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon
the City and the Owner and their respective successors and assigns for the Term
(defined below) of this Agreement; and
WHEREAS, this Development Agreement is to be recorded in the Real Property
Records of Collin County;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties hereto agree as follows:
Section 1. IMMUNITY FROM ANNEXATION
The City guarantees the continuation of the extraterritorial status of the Owner's
Property, its immunity from annexation by the City, and its immunity from City property
taxes, for the Term of this Agreement, subject to the provisions of this Agreement.
Except as provided in this Agreement, the City agrees not to annex the Property, agrees
not to involuntarily institute proceedings to annex the Property, and further agrees not to
include the Property in a statutory annexation plan for the Term of this Agreement.
However, if the Property is annexed pursuant to the provisions of this Agreement, then
the City shall provide services to the Property pursuant to Chapter 43 of Texas Local
Government Code.
Section 2. OWNER OBLIGATIONS
(a) Owner covenants and agrees not to use the Property for any use other than for
the Existing Land Uses or for agriculture, wildlife management, and/or timber
land consistent with Chapter 23 of the Texas Tax Code, without the prior written
consent of the City.
1. Existing Land Uses mean the legal uses of the Property in existence as of
the Effective Date of this Agreement.
(b) Owner covenants and agrees that the Owner will not file any type of subdivision
plat or related development document for the Property with Collin County or the
City until the Property has been annexed into, and zoned by, the City.
(c) Owner covenants and agrees not to construct, or allow to be constructed, any
building on the Property that would require a building permit if the Property were
in the city limits, until the Property has been annexed into, and zoned by, the
City.
(d) Owner acknowledges that each and every owner of the Property must sign this
Agreement in order for the Agreement to take full effect, and the Owner who
signs this Agreement covenants and agrees, jointly and severally, to indemnify,
hold harmless, and defend the City against any and all legal claims, by any
person claiming an ownership interest in the Property who has not signed the
Agreement, arising in any way from the City's reliance on this Agreement.
(e) Owner acknowledges that if any plat or related development document is filed in
violation of this Agreement, or if the Owner commences development of the
Property in violation of this Agreement, then in addition to the City's other
remedies, such act will constitute a petition for voluntary annexation by the
Owner, and the Property will be subject to annexation at the discretion of the City
Council. The Owner agrees that such annexation shall be voluntary and the
Owner hereby consents to such annexation as though a petition for such
annexation had been tendered by the Owner. If annexation proceedings begin
pursuant to this Section 2(e), the Owner acknowledges that this Agreement
serves as an exception to Local Government Code Section 43,052, requiring a
municipality to use certain statutory procedures under an annexation plan.
Furthermore, the Owner hereby waives any and all vested rights and claims that
they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local
Government Code that would otherwise exist by virtue of any actions Owner has
taken in violation of Section 2 herein. The Owner further agrees that the Owner
will not in any manner contest any annexation of the Property initiated by the City
under this Section 2(e) or any annexation of the Property completed by the City
after the Term of this Agreement.
Section 3. CITY REGULATIONS AND PLANNING AUTHORITY
Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Government Code, the City is
authorized to enforce all of the City's regulations and planning authority that do not
materially interfere with the uses of the Property authorized under Section 2(a) of this
Agreement.
Section 4. EFFECTIVE DATE
The "Effective Date" of this Agreement is the date that the last of the Partiessignatures
to this Agreement is fully and properly affixed to this Agreement and acknowledged by a
notary public. The City's duties and obligations hereunder shall not arise unless and
until the City Council has duly adopted this Agreement and Owner has duly executed
this Agreement and delivered same to the City.
Section 5. TERM
(a) The term of this Agreement (the "Term") is five (5) years from the Effective Date.
(b) The Owner, and all of the Owner's heirs, successors and assigns shall be
deemed to have filed a petition for voluntary annexation before the end of the
Term, for annexation of the Property to be completed on or after the end of the
Term. Prior to the end of the Term, the City may commence the voluntary
annexation of the Property. In connection with annexation pursuant to this
Section 5(c), the Owners hereby waive any vested rights they may have under
Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that
would otherwise exist by virtue of any application, plan, plat or construction any
of the Owners may submit or initiate during the time between the expiration of
this Agreement and the institution of annexation proceedings by the City.
Section 6. TEMPORARY ZONING
Property annexed pursuant to this Agreement shall be temporarily classified as SF-E
Single Family Residential — Large Lot District until permanent zoning is established by
the City Council pursuant to the City's Code of Ordinances, pending determination of
the Property's permanent zoning in accordance with the provisions of applicable law
and the City's Code of Ordinances.
Section 7. MISCELLANEOUS PROVISIONS
(a) Any person who sells or conveys any portion of the Property shall, prior to such
sale or conveyance, gives written notice of this Agreement to the prospective
purchaser or grantee.
(b) This Agreement shall run with the Property and be recorded in the real property
records of Collin County, Texas.
(c) If a court of competent jurisdiction determines that any covenant of this
Agreement is void or unenforceable, including the covenants regarding
involuntary annexation, then the remainder of this Agreement shall remain in full
force and effect.
(d) This Agreement may be enforced by any Owner or the City by any proceeding at
law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter.
(e) No subsequent change in the law regarding annexation shall affect the
enforceability of this Agreement or the City's ability to annex the properties
covered herein pursuant to the terms of this Agreement.
(f) Exclusive jurisdiction and venue for disputes arising out of or related in any way
to this Agreement shall be in Collin County, Texas..
(g) This Agreement may be separately executed in individual counterparts and, upon
execution, shall constitute one and same instrument.
(h) This Agreement shall survive its termination to the extent necessary for the
implementation of the provisions of Sections 2(e) and 5(b) herein.
Entered into this _day of , 2015.
Philip Sanders
City Manager, City of Anna, Texas
THE STATE OF TEXAS }
COUNTY OF COLLIN }
This instrument was acknowledged before me on the day of 2015, by
Philip Sanders, City Manager, City of Anna, Texas.
Notary Public, State of Texas
Owner 1 U
Printed Name: C_.R4a /',o 4!f Md
THE STATE OF TEXAS)
COUNTY OF Pgl&.gf }
This instrument was acknpwd,ed before me on the day of
L91C p MCA All/ Owner 1&L
Notary Public, qate of Texas
Owner 2
Printed Name:
THE STATE OF TEXAS }
COUNTY OF }
ZD I
2 by
j(PRy Auelip
This instrument was acknowledged before me on the day of 2015, by
Owner 2.
Notary Public, State of Texas
Owner 3
Printed Name:
THE STATE OF TEXAS)
COUNTY OF }
This instrument was acknowledged before me on the day of 2015, by
Owner 3.
Notary Public, State of Texas
Owner 4
Printed Name
THE STATE OF TEXAS }
COUNTY OF }
This instrument was acknowledged before me on the day of
, Owner 4.
Notary Public, State of Texas
2015 , by
EXHIBIT A
Being a tract of land in the J.C. Burge. Abstract. No. 106 and being part of a 272.36
acre tract in said survey conveyed by Emily J. Kelley to Annie Laurie Greer, by deed
recorded in Vol.97, page 80 of the deed records of Collin County, Texas, and
Beginning at the Southwest corner of said 272.36 acres tract in the south line of the
J.C. Burge survey and in the Center line of County Road 371;
Thence East with said center line of road 1,607.84 feet to a point for corner;
Thence North 0 degrees 30 minutes and 0 seconds for a distance of 2,278.32 feet to a
point for corner;
Thence West 1,587.96 feet to stake in the west line said 272.36-acre tract of land to a
point for corner;
Thence South with said west line 2,278.23 feet to place of beginning and containing
83.5 acres of land more or less.
372
III
7%1
I
Item No. 5.h.
City Council Agenda
Staff Report
Meeting Date: 8/23/2016
YfOUR? HOMETOWN
AGENDAITEM:
Resolution approving a Development Agreement with Zion Cornerstone LLC - Victor Attah.
(Maurice Schwanke)
SUMMARY:
Earlier this year, the City extended an offer of a non -annexation development agreement to the
owners of various properties located in Anna's extraterritorial jurisdiction. The development
agreement would guarantee that the properties would remain outside the city limits for five (5)
years) after which the property owners would consent to voluntary annexation.
The owner of the property located at 3015 N. Powell Parkway (a 1.5± - acre tract) has accepted
the proposed development agreement.
The agreement guarantees the continuation of the extraterritorial status of the property for five (5)
years or until such time as a subdivision plat or related development document is filed with the City
for the property, whichever occurs first. The land is currently vacant.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution and agreement.
ATTACHMENTS:
Description
Resolution Approving Development Agreement
Exhibit 1, Development Agreement
Exhibit A
Location Map
Upload Date Type
8/17/2016 Resolution
8/17/2016
Exhibit
8/17/2016
Exhibit
8/17/2016
Exhibit
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF ANNA, TEXAS AND ZION CORNERSTONE LLC (VICTOR ATTAH)
AUTHORIZING THE CITY MANAGER TO EXECUTE SAME ON BEHALF OF THE
CITY.
WHEREAS, the City of Anna, Texas (the "City") and Zion Cornerstone LLC (Victor
Attah) (the "Owner") desire to enter into a Chapter 43 and Chapter 212 Texas Local
Government Code Development Agreement (the "Agreement"); and
WHEREAS, the City Council of the City of Anna, Texas (the "City Council") finds that
approval of the Agreement is in the best interests of the citizens of Anna;
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. Approval of Agreement
The City Council hereby approves the Agreement, attached hereto as Exhibit 1,
incorporated herein for all purposes and authorizes the City Manager to execute same
on behalf of the City. The Agreement is not valid unless properly executed by the City
Manager.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 23rd
day of August, 2016.
ATTEST: APPROVED:
City Secretary, Carrie L. Smith Mayor, Mike Crist
STATE OF TEXAS )
COUNTY OF COLLIN )
CHAPTER 43 & CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
DEVELOPMENT AGREEMENT
This Agreement is entered into pursuant to Sections 43.035 and/or 212.172 of the
Texas Local Government Code by and between the City of Anna, Texas (the "C") and
the undersigned property owner(s) (the "Owner"). The term "Owner" includes all owners
of the Property.
WHEREAS, Owner and the City are sometimes collectively referenced in this
Agreement as the "Parties" or, each individually, as "Party"; and
WHEREAS, the Owner owns a parcel of real property(s) (the "Property") in Collin
County, Texas, commonly described as (insert brief property description); and as shown
in the attached Exhibit "A"; and
WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial
jurisdiction, in consideration for which the Owner agrees to enter into this Agreement;
and
WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and/or 212.172
of the Texas Local Government Code, in order to address the desires of the Owner and
the procedures of the City; and
WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon
the City and the Owner and their respective successors and assigns for the Term
(defined below) of this Agreement; and
WHEREAS, this Development Agreement is to be recorded in the Real Property
Records of Collin County;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties hereto agree as follows:
Section 1. IMMUNITY FROM ANNEXATION
The City guarantees the continuation of the extraterritorial status of the Owner's
Property, its immunity from annexation by the City, and its immunity from City property
taxes, for the Term of this Agreement, subject to the provisions of this Agreement.
Except as provided in this Agreement, the City agrees not to annex the Property, agrees
not to involuntarily institute proceedings to annex the Property, and further agrees not to
include the Property in a statutory annexation plan for the Term of this Agreement.
However, if the Property is annexed pursuant to the provisions of this Agreement, then
the City shall provide services to the Property pursuant to Chapter 43 of Texas Local
Government Code.
Section 2. OWNER OBLIGATIONS
(a) Owner covenants and agrees not to use the Property for any use other than for
the Existing Land Uses or for agriculture, wildlife management, and/or timber
land consistent with Chapter 23 of the Texas Tax Code, without the prior written
consent of the City.
1. EXlstinQ Land Uses mean the legal uses of the Property in existence as of
the Effective Date of this Agreement.
(b) Owner covenants and agrees that the Owner will not file any type of subdivision
plat or related development document for the Property with Collin County or the
City until the Property has been annexed into, and zoned by, the City.
(c) Owner covenants and agrees not to construct, or allow to be constructed, any
building on the Property that would require a building permit if the Property were
in the city limits, until the Property has been annexed into, and zoned by, the
City.
(d) Owner acknowledges that each and every owner of the Property must sign this
Agreement in order for the Agreement to take full effect, and the Owner who
signs this Agreement covenants and agrees, jointly and severally, to indemnify,
hold harmless, and defend the City against any and all legal claims, by any
person claiming an ownership interest in the Property who has not signed the
Agreement, arising in any way from the City's reliance on this Agreement.
(e) Owner acknowledges that if any plat or related development document is filed in
violation of this Agreement, or if the Owner commences development of the
Property in violation of this Agreement, then in addition to the City's other
remedies, such act will constitute a petition for voluntary annexation by the
Owner, and the Property will be subject to annexation at the discretion of the City
Council. The Owner agrees that such annexation shall be voluntary and the
Owner hereby consents to such annexation as though a petition for such
annexation had been tendered by the Owner. If annexation proceedings begin
pursuant to this Section 2(e), the Owner acknowledges that this Agreement
serves as an exception to Local Government Code Section 43.052, requiring a
municipality to use certain statutory procedures under an annexation plan.
Furthermore, the Owner hereby waives any and all vested rights and claims that
they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local
Government Code that would otherwise exist by virtue of any actions Owner has
taken in violation of Section 2 herein. The Owner further agrees that the Owner
will not in any manner contest any annexation of the Property initiated by the City
under this Section 2(e) or any annexation of the Property completed by the City
after the Term of this Agreement.
Section 3. CITY REGULATIONS AND PLANNING AUTHORITY
Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Government Code, the City is
authorized to enforce all of the City's regulations and planning authority that do not
materially interfere with the uses of the Property authorized under Section 2(a) of this
Agreement.
Section 4. 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
notary public. The City's duties and obligations hereunder shall not arise unless and
until the City Council has duly adopted this Agreement and Owner has duly executed
this Agreement and delivered same to the City.
Section 5. TERM
(a) The term of this Agreement (the "Term") is five (5) years from the Effective Date.
(b) The Owner, and all of the Owner's heirs, successors and assigns shall be
deemed to have filed a petition for voluntary annexation before the end of the
Term, for annexation of the Property to be completed on or after the end of the
Term. Prior to the end of the Term, the City may commence the voluntary
annexation of the Property. In connection with annexation pursuant to this
Section 5(c), the Owners hereby waive any vested rights they may have under
Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that
would otherwise exist by virtue of any application, plan, plat or construction any
of the Owners may submit or initiate during the time between the expiration of
this Agreement and the institution of annexation proceedings by the City.
Section 6. TEMPORARY ZONING
Property annexed pursuant to this Agreement shall be temporarily classified as SF-E
Single Family Residential - Large Lot District until permanent zoning is established by
the City Council pursuant to the City's Code of Ordinances, pending determination of
the Property's permanent zoning in accordance with the provisions of applicable law
and the City's Code of Ordinances.
Section 7. MISCELLANEOUS PROVISIONS
(a) Any person who sells or conveys any portion of the Property shall, prior to such
sale or conveyance, gives written notice of this Agreement to the prospective
purchaser or grantee.
(b) This Agreement shall run with the Property and be recorded in the real property
records of Collin County, Texas.
(c) If a court of competent jurisdiction determines that any covenant of this
Agreement is void or unenforceable, including the covenants regarding
involuntary annexation, then the remainder of this Agreement shall remain in full
force and effect.
(d) This Agreement may be enforced by any Owner or the City by any proceeding at
law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter.
(e) No subsequent change in the law regarding annexation shall affect the
enforceability of this Agreement or the City's ability to annex the properties
covered herein pursuant to the terms of this Agreement.
(f) Exclusive jurisdiction and venue for disputes arising out of or related in any way
to this Agreement shall be in Collin County, Texas.
(g) This Agreement may be separately executed in individual counterparts and, upon
execution, shall constitute one and same instrument.
(h) This Agreement shall survive its termination to the extent necessary for the
implementation of the provisions of Sections 2(e) and 5(b) herein.
Entered into this _day of , 201.5.
Philip Sanders
City Manager, City of Anna, Texas
THE STATE OF TEXAS }
COUNTY OF COLLW }
This instrument was acknowledged before me on the day of 2015, by
Philip Sanders, City Manager, City of Anna, Texas.
Notary Public, State of Texas
Owner 1 _r
Printed Name: Vicko1 r A V
THE STATE OF}
COUNTY OF }
vt
This instrum nt was ¢knowledged before me on the _day of tirG Z 2015, by
h ,1A Owner 1.
Notary P lic, t exas • ��{,
r CyRigW1
{Ij 4T TF ppop r®�U
Dm Fxp.TF 3
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Owner 2
Printed Name
THE STATE OF TEXAS }
COUNTY OF }
This instrument was acknowledged before me on the day of 2015, by
, Owner 2.
Notary Public, State of Texas
Owner 3
Printed Name:
THE STATE OF TEXAS)
COUNTY OF }
This instrument was acknowledged before me on the day of 2015, by
Owner 3.
Notary Public, State of Texas
Owner 4
Printed Name
THE STATE OF TEXAS }
COUNTY OF }
Exhibit "A"
Being a tract of land situated the J.C. Burge Survey, Abstract Number 106, Collin
County, Texas. Said tract of land being more particularly described by metes and
bounds as follow:
Beginning at the southwest corner of Lot 2 Block A of the Walnofer Addition as
recorded in Volume P, Page 297 of the Map and Plat Records of Collin County, Texas
for a point for corner;
Thence East a distance of 165 feet to a point for corner in the east line of the said
Burge Survey;
Thence South with the east line of the said Burge Survey a distance of 400.2 feet to a
point for corner in the south line of the said Burge Survey;
Thence West with the south line of the Burge Survey a distance of 165 feet to a point
for corner
Thence North a distance of 400.2 feet to the Point of Beginning and containing 1.5
acres of land more or less.
EXHIBIT A
372
III
7%1
Item No. 6.
City Council Agenda
Staff Report
Meeting Date: 8/23/2016
y{OUR) HOMETOWN
AGENDAITEM:
Conduct a Public Hearing on the Proposed FY 2016-2017 Budget. (Clayton Fulton)
SUMMARY:
Section 7.05 of the City Charter requires that the City Council hold a public hearing on the budget
proposed budget. The public hearing was noticed twice in the paper and is set for today, August
23rd, 2016 at 7:30 p.m.
The budget is scheduled to be adopted on September 13th, 2016.
STAFF RECOMMENDATION:
None
I
Item No. 7.
City Council Agenda
Staff Report
Meeting Date: 8/23/2016
y{OUR) HOMETOWN
AGENDAITEM:
Conduct a Public Hearing on the Proposed 2016 Tax Rate. (Clayton Fulton)
SUMMARY:
The City Council scheduled August 23, 2016 at 7:30 p.m. as the date and time for the first public
hearing on the proposed 2016 Tax Rate.
The second public hearing is schedules for September 6, 2016 at 6:30 p.m. here at the Anna City
Hall.
The Finance Director will make a brief presentation regarding the proposed tax rate prior to the
public hearing.
STAFF RECOMMENDATION:
I
Item No. 8.
City Council Agenda
Staff Report
Meeting Date: 8/23/2016
YOUR) HOMETOWN
AGENDAITEM:
Consider/Discuss/Action regarding a Resolution adopting a policy on the sale and disposal of
property and authorizing the removal or demolition of certain improvements on real property. (Philip
Sanders)
SUMMARY:
The attached Resolution adopts a uniform policy for the sale and disposal of surplus and salvage
personal property and real property owned by the City. It also authorizes the City Manager to
remove or demolish certain buildings and improvements located on the Anna Grain property at
211 W. 5th Street consistent with the Policy.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution.
ATTACHMENTS:
Description Upload Date Type
Resolution 8/19/2016 Resolution
Exhibit 1, Policy 8/19/2016 Exhibit
Exhibit 2 8/19/2016 Exhibit
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
ADOPTING A POLICY ON THE SALE AND DISPOSAL OF PROPERTY AND
AUTHORIZING THE REMOVAL OR DEMOLITION OF CERTAIN IMPROVEMENTS
ON REAL PROPERTY.
WHEREAS, the City Council of the City of Anna, Texas (the "City Council) desires to
adopt policies and procedures for sale and disposal of surplus and salvage personal
property and real property owned by the City; and
WHEREAS, the City of Anna City Council desires to remove or demolish certain
buildings, improvements and fixtures on the real property located at 211 W. 5t" Street;
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF ANNA CITY COUNCIL:
Section 1. Recitals Incorporated.
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Policy on the Sale and Disposal of Property
The City Council hereby approves and adopts the Policy on the Sale and Disposal of
Property attached hereto as Exhibit 1, incorporated herein for all purposes.
Section 3. Authorization to Remove or Demolish Improvements on Certain Real
Property
With the exception of the buildings labeled "A" and "B" on Exhibit 2 attached hereto, the
City Council hereby authorizes the City Manager to remove or demolish the buildings,
improvements and fixtures on the real property located at 211 W. 5t" Street, otherwise
known as the "Anna Grain" property, in accordance with the City's Policy on the Sale
and Disposal of Property.
PASSED AND APPROVED by the City Council of the City of Anna this 23rd day of
August, 2016.
ATTEST: APPROVED:
City Secretary, Carrie L. Smith Mayor, Mike Crist
Exhibit 1
Policies on the Sale and Disposal of Property
Section 1. Definitions.
City mean the City of Anna, Texas.
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.
Personal Property means everything that is subject to ownership of the City not falling
under the definition of Real Property. Personal Property includes Personal Property
lawfully confiscated and subject to disposal by the City; and Personal Property affixed to
Real Property, if its removal and disposition is for a lawful purpose.
Real Property means land owned by the City together with fixtures, improvements and
appurtenances.
Salvage Property means Personal Property that through use, time, or accident is so
damaged, used, or consumed that it has no value for the purpose for which it was
originally intended.
Surplus Property means Personal Property that is not needed or required for the City's
foreseeable needs. The term includes used or new property that retains some
usefulness for the purpose for which it was intended or for another purpose.
Section 2. Sale or Disposal of Surplus and Salvage Property
(a) The City Manager is authorized to sell Surplus and Salvage Property by
competitive bid, auction, or direct sale to the public, including a sale using an
Internet auction site. The City Manager may contract with a private vendor to
assist with the sale of the property.
(b) The City Manager shall determine which method of sale shall be used based
on the method that is most advantageous to the City under the
circumstances.
(c) In using an Internet auction site to sell Surplus Property under this section,
the City shall post the property on the site for at least 10 days.
(d) If the City cannot otherwise sell or dispose of Surplus or Salvage Property in
accordance with this Policy, or if the City Manager has determined that the
property has resale value of not more than $25.00, the property may be
destroyed or disposed of in any lawful manner.
(e) The City Council may approve an alternative means of disposing of Surplus
or Salvage Property if:
1. the transaction has as its predominant purpose the accomplishment of a
public purpose of the City (as opposed to a private purpose),
2. the City places sufficient controls on the transaction to ensure that the
public purpose is carried out, and
3. the City receives a return benefit
Section 3. Sale or Disposal of Real Property
(a) The City Manager may sell or otherwise dispose of Real Property as directed
by the City Council.
(b) When authorized by the City Council, the City Manager may sell Real
Property by competitive bid, auction, or direct sale to the public, including a
sale using an Internet auction site. The City Manager may contract with a
private vendor to assist with the sale of the property.
(c) When authorized by the City Council, the City Manager may seek bids or
proposals to procure the removal or demolition of improvements on Real
Property consistent with the City's financial policies.
(d) The City Manager shall determine which method of sale or procurement shall
be used based on the method that is most advantageous to the City under the
circumstances.
Section 4. Proceeds of Sale.
Proceeds from the sale of Real Property and Personal Property shall be deposited to
the credit of the City's general fund, unless the Personal Property was solely owned by
an enterprise fund in which case the proceeds shall be deposited to credit of the
enterprise fund which owned the property.
Goo,
1.
I
Item No. 9.
City Council Agenda
Staff Report
Meeting Date: 8/23/2016
YOUR) HOMETOWN
AGENDAITEM:
Conduct a Public Hearing and take Action on an Ordinance amending the Anna City Code of
Ordinances by repealing Part III -A (Subdivision Regulations), Article 1, Section 16 (Building
Permits Required in The City's Extraterritorial Jurisdiction). (Philip Sanders)
SUMMARY:
The attached Ordinance repeals Part 111-A (Subdivision Regulations), Article 1, Section 16
regarding the issuance of building permits in the City's extraterritorial Jurisdiction.
STAFF RECOMMENDATION:
Staff recommends approval.
ATTACHMENTS:
Description Upload Date Type
Ordinance 8/17/2016 Ordinance
CITY OF ANNA, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY
CODE OF ORDINANCES BY REPEALING PART III -A (SUBDIVISION
REGULATIONS), ARTICLE 1, SECTION 16 (BUILDING PERMITS REQUIRED IN
THE CITY'S EXTRATERRITORIAL JURISDICTION); PROVIDING FOR SAVINGS,
SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas ("the City") has previously adopted ordinances,
rules and regulations requiring building permits in the City's extraterritorial
jurisdiction (ETJ); and
WHEREAS, the City of Anna, Texas City Council ("the City Council") has investigated
and determined that it would be advantageous and beneficial to the City and its
citizens to amend the Anna City Code Of Ordinances by repealing Part III -A
(Subdivision Regulations), Article 1, Section 16 (Building Permits Required In The
City's Extraterritorial Jurisdiction);
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above -referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Amendments.
In accordance with Part II, Article 1, Section 9 of the Anna Code, the City Council
hereby repeals Part III -A, Article 1, Section 16 of the Anna City Code of Ordinances, as
follows:
W.A." NIEWIMM
_ � r
Section 3. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect
the same as if such invalid or unconstitutional provision had never been a part hereof.
The City declares that it would have passed this ordinance, and each section,
subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses, and phrases be declared
unconstitutional or invalid
Section 4. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective upon the posting and/or publication, if
required by law, of its caption and the City Secretary is hereby directed to implement
such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, this the 23rd day of August,
2016.
ATTEST: APPROVED:
Carrie L. Smith, City Secretary Mike Crist, Mayor