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HomeMy WebLinkAbout2015-10-13 Workshop & Regular meetingYOUR} HOMETOWN CITY OF ANNA AGENDA NOTICE — CITY COUNCIL WORKSHOP October 13, 2015 6:30 p.m. — Anna City Hall The City Council of the City of Anna will meet in Workshop Session at 6:30 p.m., on the above date at Anna City Hall, located at 111 N. Powell Parkway (Hwy 5), regarding the following items: 1. Call to Order. 2. Roll Call and Establishment of Quorum. 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: 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); conflict of interest disclosure. 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. c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); discuss proposed residential and mixed -use development. 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. d. discuss or deliberate personnel matters (Tex. Gov't Code §551.074); members of City boards and commissions. 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. 4. Consider/Discuss/Action on any items listed on posted agenda for the City Council Work Session or any Closed Session occurring during this Workshop, 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 and on the City Hall bulletin board at or before 5:00 p.m. October 9, 2015. 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. CITY OF AN NA, TEXAS AGENDA SUBJECT: Roll call and establishment of quorum. SUMMARY: Mayor establishes a quorum STAFF RECOMMENDATION: Item No. WS2 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: City Manager Exhibits: None CITY OF AN NA, TEXAS Item No. WS 3 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: City Manager Exhibits: N/A AGENDA SUBJECT: 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: 411► Ik&FA Wip 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); conflict of interest disclosure. 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. c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); discuss proposed residential and mixed -use development. d. discuss or deliberate personnel matters (Tex. Gov't Code §551.074); members of City boards and commissions. 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. STAFF RECOMMENDATION: Click here to enter text. CITY OF AN NA, TEXAS Item No. WS 4 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: City Manager Exhibits: N/A AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted agenda Workshop Session or any closed session occurring during this Regular Meeting, as necessary. SUMMARY: Click here to enter text. STAFF RECOMMENDATION: Click here to enter text. CITY OF AN NA, TEXAS AGENDA SUBJECT: Adjourn SUMMARY: Item to adjourn the meeting. STAFF RECOMMENDATION: Staff recommends a motion to adjourn. Item No. WS 5 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: City Manager Exhibits: None Y{OUR} HOMETOWN CITY OF ANNA AGENDA NOTICE — CITY COUNCIL MEETING October 13, 2015 7:30 p.m. — Anna City Hall The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., on the above date, at the Anna City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order. 2. Invocation and Pledge of Allegiance. 3. Citizen comments. Citizens are allowed three minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. 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. Version 10/7/2015 10:38 AM 5. Proclamation regarding Municipal Court Week (Clayton Fulton) 6. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve the City Council Minutes Work and Regular Session for September 22, 2015. (Carrie Smith) b. Approve the Planning and Zoning Commission Minutes for September 14, 2015. (Maurice Schwanke) c. Approve a Resolution on Anna Crossing, Phase 3A final plat. (Maurice Schwanke) d. Approve a Resolution setting date and time for a public hearing on the creation of the Villages of Hurricane Creek TIRZ. (Clayton Fulton) e. Approve a Resolution on Munger development plat (Maurice Schwanke) f. Approve a Resolution on Richardson development plat (Maurice Schwanke) g. Approve a Resolution on Robertson Addition development plat (Maurice Schwanke) 7. Consider/Discuss/Action regarding a Resolution approving a Subdivision Improvement Agreement for Anna Crossing Phase 3A. (Maurice Schwanke) 8. Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Hector Bernal and Janice Bernal. (Joseph Johnson) 9. Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Gerald Ray Davidson. (Joseph Johnson) 10. Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Jon Michael Petersen and Laura Jean Petersen. (Joseph Johnson) 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. 2 Version 10/7/2015 10:38 AM 11. Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement (Tract 1) on private property owned by Chris Plumlee and Lisa Plumlee. (Joseph Johnson) 12. Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement (Tract 2) on private property owned by Chris Plumlee and Lisa Plumlee. (Joseph Johnson) 13. Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Shane Spencer and Crystal Spencer. (Joseph Johnson) 14. Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Kerry B. Tubbs and Gwendolyn M. Iselt-Tubbs. (Joseph Johnson) 15. Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Gary K. Verner and Ronna Walker Verner. (Joseph Johnson) 16. Consider/Discuss/Action regarding a Resolution awarding a bid and approving a contract for the Hackberry Waterline Project. (Joseph Johnson) 17. Consider/Discuss/Action regarding a Resolution awarding a bid and approving a contract for the 2014 TxCDBG Sewer Line Project. (Joseph Johnson) 18. Consider/Discuss/Action regarding a Resolution authorizing the City Manager to negotiate non -annexation agreements with the owners of certain properties located in the city's extra -territorial jurisdiction. (Philip Sanders) 19. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any 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. 3 Version 10/7/2015 10:38 AM 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); conflict of interest disclosure. 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. c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); discuss proposed residential and mixed -use development. d. discuss or deliberate personnel matters (Tex. Gov't Code §551.074); members of City boards and commissions. 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. 20. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary. 21.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 and on the City Hall bulletin board at or before 5:00 p.m. October 09, 2015. 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. 4 Version 10/7/2015 10:38 AM CITY OF AN NA, TEXAS AGENDA SUBJECT: Roll call and establishment of quorum. SUMMARY: Mayor establishes a quorum STAFF RECOMMENDATION: Item No. I City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: City Manager Exhibits: None CITY OF AN NA, TEXAS AGENDA SUBJECT: Invocation and Pledge of Allegiance. 411 Al I Ai r-A WA STAFF RECOMMENDATION: Item No. 2 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: City Manager Exhibits: N/A CITY OF AN NA, TEXAS AGENDA SUBJECT: Citizen comments. SUMMARY: Item No. 3 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: City Manager Exhibits: N/A 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. STAFF RECOMMENDATION: CITY OF AN NA, TEXAS Item No. 4 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: City Manager Exhibits: N/A AGENDA SUBJECT: Receive reports from Staff or the City Council about items of community interest. SUMMARY: 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. STAFF RECOMMENDATION: CITY OF AN NA, TEXAS AGENDA SUBJECT: Proclamation regarding Municipal Court Week Item No. 5 City Secretary's use only City Council Agenda Staff Report Date: 10/13/2015 Staff Contact: Clayton Fulton Exhibits: No SUMMARY: The Texas Municipal Courts Education Center prepares materials each year to support a municipal courts week. They have asked municipal courts, city councils, and communities throughout Texas to join in showing appreciation for the dedicated municipal judges, court clerks, court administrators, prosecutors, bailiffs, and warrant officers who comprise the Texas municipal courts from November 2 to November 6, 2015. Municipal Courts Week is a great time to not only recognize how much municipal courts do, but to share with the public the important role that local courts and their personnel play in the criminal justice system and the larger community. STAFF RECOMMENDATION: Approve the proclamation. MUNICIPAL COURT WEEK November 2 - November 6, 2015 WHEREAS, the Municipal Court of Anna Texas, a time honored and vital part of local government, has existed since 2005. WHEREAS, more people, citizens and non -citizens alike, come in personal contact with municipal courts than all other Texas courts combined, and WHEREAS, public impression of the entire Texas judicial system is largely dependent upon the public's experience in municipal court, WHEREAS, Municipal Judges and court support personnel have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all, and conform to the standards set by the Canons of Judicial Conduct, WHEREAS, the Municipal Courts play a significant role in preserving the quality of life in Texas communities through the adjudication of traffic offenses, ensuring a high level of traffic safety for our citizens, WHEREAS, the Municipal Courts serve as the local justice center for the enforcement of local ordinances and fine -only state offenses that protect the peace and dignity of our community, WHEREAS, the Municipal Judges and Clerks continually strive to improve the administration of justice through participation in judicial education programs, seminars, workshops and the annual meetings of their state and local professional organizations. Therefore, it is most appropriate that we recognize the accomplishments of the 916 Texas Municipal Courts, and salute their critical role in preserving public safety, protecting the quality of life in Texas communities, and deterring future criminal behavior, Now, I Mike Crist, Mayor of the City of Anna, do recognize the week of November 2 - November 6, 2015, as Municipal Court Week, and further extend appreciation to all Municipal Judges and court support personnel for the vital services they perform and their exemplary dedication to our community. I call upon all residents of Anna to join with the City Council in recognizing the vital service they perform and their exemplary dedication to the communities they represent. Dated this day 13t" of October, 2015. , Mayor Attest 6a ANNA CITY COUNCIL MINUTES WORKSHOP SESSION SEPTEMBER 22, 2015 The City Council of the City of Anna met in Workshop Session on at Anna City Hall, located at 111 N. Powell Parkway (Hwy 5) following items: Call to Order. Mayor Crist called the meeting to order at 6:3 Roll Call and Establishment of Quorum. Mayor Mike Crist and Council Members Ju Beazley, Chad Barnes, Nathan BrAldift CLOSED SESSION (EXCEPTI the City Council may enter int( or referenced on this ageUjk u I!Lovato, John resent. Gov't Code Chapter 551, discuss any items listed exceptions: Per rey ding or contemplated s in which the duty of the attorney to the the Texas Disciplinary Rules of of the State Bar of Texas clearly conflicts with ivernment Code (Tex. Gov't Code §551.071) ate tfTe purchase, exchange, lease, or value of L Gov't Code §551.072); acquisition of right -of - and land for municipal facilities 7717"-further reserves the right to enter into executive n at any time throughout any duly noticed meeting under any Ible exception to the Open Meetings Act. Council Member Bryan moved to adjourn to closed session at Council Member Dowd seconded. Motion carried 7-0. Briefing/Discussion regarding annexation planning. (Maurice Schwanke) There was a brief discussion on future annexations and non -annexation agreements. 09-22-15 CC Workshop Minutes 5. Consider/Discuss/Action on any items listed on posted agenda City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. Council Member Bryan moved to Barnes seconded. Motion carried 7 Approved on the City Secretary Carrie L 09-22-15 CC Workshop Minutes ANNA CITY COUNCIL MINUTES REGULAR SESSION SEPTEMBER 22, 2015 The City Council of the City of Anna met in Regular Session on the Anna City Hall, located at 111 North Powell Parkway (Hwy 5), tc following items. 1. Call to Order. Mayor Crist called the meeting to order at 7'. 2. Invocation and Pledge of Allegiance. at Mayor Crist led the Invocation and Pledges iance 3. Citizen comments. Citizens ar we 'nu ak. The Council is unable to respond to or di ss any iss tha e brought up during this section that are not on agenda, of than to make statements of specific factual informati n response a citizen's inquiry or to recite existing policy�po o the in No public 4. Receive reports f f or the City Council about items of community intere f unity interest include: expressions of thanks, con ulat-on , r olence; information regarding holiday sch ules; an ho ry o alutary recognition of a public official, public em ee, or othe itizen (but not including a change in status of a er public o e or public employment); a reminder about an co eve rganized or sponsored by the governing body, i rmati rding a social, ceremonial, or community event nized or sponsored by an entity other than the governing body that ed 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 fety of people in the municipality that has arisen after the posting of e agenda. • 10/06 is National Night Out from 6 to 8 pm at Slayter Creek Park • 10/24 is Annual Glow Fest Event 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered 09-22-15 CC Regular Minutes individually by any Council Member making such request prior to a motion and vote on the Consent Items. a. Approve the City Council Minutes Work and Regular Session for September 8, 2015. (Carrie Smith) b. Approve the Economic Development Corporation Minutes for July 1, 2015 and August 6, 2015. (Jessica Perkins) c. Approve the Community Development Corporation Minu July 1, 2015 and August 6, 2015. (Jessica Perkins) d. Approve the Planning and Zoning Commission Minute August 3, 2015 (Maurice Schwanke) e. Approve the "Bichler" development plat. (Maur' chwank f. Approve the "W-J Ranch South" developme at. (M ce Schwanke) g. Approve the "Westminster Substation" devel lat. (Maurice Schwanke) h. Approve the "Victoria Falls Cente dition" prelim (Maurice Schwanke) i. Approve the "Victoria Falls Cente site n and landscape plan. (Maurice ank j. Approve the "JaRyCo" d la c an. (Mauric( Schwanke) k. Approve the "Avery int Phase 1" al plat. (Maurice Schwanke) I. Approve the ' s arkway & t 1 Block A" final plat. (Maurice a m. A p p r o vj "Wes rossin ase 6" preliminary plat. " a Town Square Amenity Center" final plat. Sc ke) O nce amending Part IV, Article 7, Section 8, ity a regarding sanitary sewer service rates. in rs) a solution approving and designating the City the SRO grant official for the School Resource oject to the Office of the Governor, Criminal Justice (Chief Jenks) MOTION" Council Member Barnes moved to approve items a, b, c, d, e, f, g, j, m, n, o, and p by consent. Mayor Crist seconded. Motion carried Council Member Barnes recused himself from the meeting. MOTION: Council Member Bryan moved to approve Council Member Burr seconded. Motion carried 6-0. Council Member Barnes returned to the meeting. 09-22-15 2 CC Regular Minutes MOTION: Council Member Burr moved to approve item k. Council Member Barnes seconded. Motion carried 7-0. MOTION: Council Member Burr moved to approve item I. Council Mayor Crist seconded. Motion carried 7-0. 6. Consider/Discuss/Action regarding a Resolution approving aCation al Event Permit and Agreement with the Anna ISD Education F for a Disc Golf Tournament at Slayter Creek Park. (Maurice Sce) Event was canceled by Anna ISD and item withdrawn Consider/Discuss/Action regarding a Resolution ovin Special Event Permit and Agreement with the Anna Athletic Club f 5K Run at Natural Springs Park. (Maurice 5�ke) MOTION: Councilmember Burr moved seconded. Motion carried 7-0. Consider/Discuss/Action dedication easement to Johnson) MOTION: Council Dowd seconded. Consider/DiscuI Manual (Philip Sa thorizing the ons. (Joseph Council Member Resolution amending the Personnel Policy rues moved to approve. Council Member ed 7-0. tion regarding a Resolution nominating Board of entral Appraisal District. (Philip Sanders) Mayor Crist moved to take no action. Council Member Dowd eMotion carried 7-0. Briefing/Discussion regarding US 75 Utility Relocation Project. (Joseph ighnson) Public Works Director Johnson gave a brief project update. 12. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: 09-22-15 3 CC Regular 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) b. discuss or deliberate the purchase, exchange, lease, or value real property (Tex. Gov't Code §551.072); acquisition of right - way, easements, and land for municipal facilities; A The Council further reserves the right to enter into ex any time throughout any duly noticed meeting and exception to the Open Meetings Act. Council Member Bryan moved to enter . Council Member Bryan second Mayor Crist reconvened the regular m 13. Consider/Discuss/Action on Workshop Session or any clos Meeting, as necessary. No action taken. MOTION: Cc Council Mem City Secretary Carrie L Barnes moved to adjourn nded. Motion carried 7-0. Mayor Mike Crist 09-22-15 4 CC Regular Minutes 6b MINUTES PLANNING AND ZONING COMMISSION REGULAR MEETING September 14, 2015 The Planning and Zoning Commission of the City of Anna held its regular meeting on September 14th, 2015, at 7:00 p.m., at the Community Room of the Anna City Hall Administration Building located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to order and establishment of quorum. The meeting was called to order at 7:02 p.m. Members present were Sandy Setliff, Don Callaham, Lorenzo Gonzalez, Donald Henke, John Johnson, Darrin Colombo and Tom Plunkett. Staff present was Maurice Schwanke and Tana Ross. 2. Invocation and Pledge of Allegiance. Mr. Schwanke gave the invocation and led the Pledge of Allegiance. 3. Consider/Discuss/Act on recommendation regarding `Eichler" development plat. Mr. Schwanke gave a presentation regarding development plat. The development plat is located within the southwest part of the extraterritorial jurisdiction of the City. The tract is located in the T. Bruce Survey and contains approximately 6.626 acres of land. The property is generally located at 6364 County Road 281. The owner is proposing to build a house, carport and several other structures on the tract. The submittal meets the City of Anna development plat requirement. Mr. Schwanke noted that the Staff recommends approval of the development plat. A motion was made by Commissioner Henke, seconded by Commissioner Setliff to recommend approval of the development plat. The vote was unanimous. 4. Consider/Discuss/Act on recommendation regarding "W-J Ranch South" development plat. Mr. Schwanke gave a presentation regarding development plat. The development plat is located within the western edge of the extraterritorial jurisdiction of the City. The tract is in the John Patton Survey and consists of approximately 11.041 acres. The owner is proposing to build a 55,000 square foot metal building on the tract. The property is located at 7620 County Road 209. The submittal meets the City of Anna development plat requirement. Mr. Schwanke noted that the Staff recommends approval of the development plat PZ Agenda 09-14-15.doc Page 1 of 6 9-14-15 A motion was made by Commissioner Setliff, seconded by Commissioner Plunkett to recommend approval of the development plat. The vote was unanimous. 5. Consider/Discuss/Act on recommendation regarding "Westminster Substation" development plat. Mr. Schwanke gave a presentation. The development is located within Anna's extraterritorial jurisdiction of the City. The tract is in the Samuel Craft Survey, Abstract No. 165 and contains 5 acres of land. Texas New Mexico Power Company is proposing a substation. The property is located generally north of the Sam Rayburn Memorial Highway and west of F.M. Highway 2862. The submittal meets the City of Anna development plat requirements. Mr. Schwanke note that the Staff recommends approval of the development plat A motion was made by Commissioner Henkee, seconded by Commissioner Gonzalez to recommend approval of the development plat. The vote was unanimous. 6. Consider/Discuss/Act on recommendation regarding "Victoria Falls Center Addition "site plan and landscape plan. The property is located on the east side of Victoria Falls Drive north of West White Street. Mr. Schwanke gave a presentation. This project contains 7.477 acres of commercially zoned property. Additionally, this tract is within the Thoroughfare overlay district which requires all buildings to be 100 percent masonry (Brick, Stone, and or split face CMU. It tract contains 5 lots with Lot 1 lot being site planned at this time. The proposal contains a building with 45,690 square feet of retail space with required parking and landscaping. Part of building may end up leasing for food service type activity that may require additional parking for the center. If this occurs additional parking could be added after appropriate approvals east of the detention pond. This tract is also associated with agenda item 8 which is a preliminary plat that includes preliminary storm drainage, water, sanitary sewer plans. In July of 2009 several trees on this tract were cut down without a tree removal permit. The trees have been accounted for on this plan by adding additional trees above requirements and by increasing the caliper of trees to be planted. 287 additional caliper inches have been accounted for in the landscape plan. The City Staff has reviewed this application for compliance. A motion was made by Commissioner Plunkett, seconded by Commissioner Callalham to recommend approval of the site plan and landscape plan. The vote was unanimous. 7. Consider/Discuss/Act on recommendation regarding "Victoria Falls Center Addition" preliminary plat. Mr. Schwanke gave a presentation. The tract is being proposed to be broken down into five lots. As such a preliminary plat is required. This plat has been reviewed by city staff and consulting engineer. Mr. Schwanke noted that the staff is recommending approval of this plat. A motion was made by Commissioner Callaham, seconded by Commissioner Colombo to recommend approval the preliminary plat. The vote was unanimous. PZ Agenda 09-14-15.doc Page 2 of 6 9-14-15 8. Consider/Discuss/Act on recommendation regarding "JaRyCo" site plan and landscape plan. The property is located on the west side of Victoria Falls Drive north of West White Street. Mr. Schwanke gave a presentation and answered questions from the Commission. This project contain is part of PD 119-2003 commercially zoned property. The intended use of the property is medical and general offices and retail. Additionally, this tract is within the Thoroughfare overlay district which requires all buildings to be 100 percent masonry (Brick, Stone, and or split face CMU. This site plan is on an existing platted lot. The proposal contains a building with 10,787 square feet of space with required parking and landscaping. A landscape plan will be required. Mr. Schwanke noted that the City Staff has reviewed this application for compliance. Bruce Keller, representative, regarding the project gave a presentation and answered questions from the Commission. A motion was made by Commissioner Plunkett, seconded by Commissioner Setliff to recommend approval of the site plan. The vote was unanimous. 9. Consider/Discuss/Act on recommendation regarding "Avery Point PH I" final plat. Mr. Schwanke gave a presentation. The Avery Point final plat contains approximately 30.09 acres located in the Francis T. Duffau Survey, Abstract No. 288. Within this project 89 residential lots and 4 common areas are proposed. With the develop of this area the adjacent thoroughfares will be constructed which includes Hackberry Lane and Ferguson Parkway. The plat layout is in conformance with the existing zoning. Engineering plans have been submitted and approved for this Addition. Therefore, the staff is recommending approval of this plat. Jeff Klement, representative from JBI Partners, gave a presentation and answered questions from the Commission. A motion was made by Commissioner Gonzalez, seconded by Commissioner Callaham to recommend approval of the final plat. The vote was unanimous. 10. Consider/Discuss/Act on recommendation regarding "Ferguson Parkway & Lot 1 Block A" final plat. Mr. Schwanke gave a presentation. The Ferguson Parkway final plat contains approximately 9.117 acres located in the Francis T. Duffau Survey, Abstract No. 288. Within this project 1 commercial lots and the right-of-way for Ferguson Parkway is proposed. Four lanes of Ferguson Parkway starting at West White Street will be constructed with this. The plat layout is in conformance with the existing zoning. Engineering plans have been submitted and approved for this Addition. Therefore, the staff is recommending approval of this plat. A motion was made by Commissioner Setliff, seconded by Commissioner Callaham to recommend approval of the final plat. The vote was unanimous. PZ Agenda 09-14-15.doc Page 3 of 6 9-14-15 ii. Consider/Discuss/Act on recommendation regarding "West Crossing PH 6" preliminary plat. Mr. Schwanke gave a presentation. The West Crossing preliminary plat contains 21.335 acres located in the Henry Brantley Survey, Abstract No. 71. Within this project 108 residential lots are proposed. The plat layout is in conformance with the existing zoning. The staff is recommending that the approval of this preliminary plat be subject to final construction plans approval addressing all engineering concerns. A motion was made by Commissioner Callaham, seconded by Commissioner Setliff to recommend approval of the preliminary plat. The vote was unanimous. 12. (a) Public Hearing: To consider public comments regarding a request by John Arnold, representative for Foster Crossing LTD (Skorburg Co.) owner(s) of the property, to revise the existing PD (2002-27A) zoning. The property is currently zoned as (PD) Planned Development for residential and commercial uses. The owner(s) of the property are requesting to change the commercial portion and the portion of the remainder to single family residential and to adjust densities throughout the request. The property is generally located west of Powell Parkway and north of Foster Crossing Road. Mr. Schwanke gave a presentation. The property identified on the attached Exhibit A (proposed ordinance attached) is intended to accommodate residential development in the City of Anna. The existing zoning on the property consists of 6,000, 7,200, 8,400 square foot lots and a commercial tract. The developer is proposing to adjust the density by making the overall lot size scheme with a 7,200 minimum lot size with a minimum average 8,400 square feet lot size. Since the existing zoning has an area with 6,000 square feet lot size entitlement the developer is asking for 15 units with a minimum lot size of 6,600 square feet. The overall minimum average 8,400 square feet lot size will be maintained. The commercial element of the existing zoning that was based on a previous alignment of proposed Ferguson Road will be eliminated. The staff is in support of this zoning request and is recommending approval. (b) Consider/Discuss/Act on recommendation regarding a request to amend existing PD (2002-27A) zoning changing the commercial portion and residential portions of the tract to single family residential and to adjust densities throughout the request. The Public Hearing Opened at 7:59 p.m. John Arnold, representative for Skorburg Company gave a presentation and answered questions from the Commission. Several residents were present and express their views regarding the agenda item. The Public Hearing Closed at 8:24 p.m. Following discussion, a motion was made by Commission Plunkett to table the agenda item. Commissioner Setliff seconded the motion. The vote was (4) ayes (Plunkett, Setliff, Gonzalez, Colombo) and (3) nays (Johnson, Henke, Callaham). Motion carried to table this item. 13. (a) Public Hearing: To consider public comments regarding a request by Ryan Combs, representative for Palladium USA and John Arnold, representative for Skorburg Company. The property is currently zoned as (PD) Planned Development for multi- family and commercial uses. The owner(s) of the property are requesting a change in PZ Agenda 09-14-15.doc Page 4 of 6 9-14-15 the PD to increase the standards in regard to multi -family development element if multi -family takes place on a certain 10 acres within the existing Planned Development that was approved by ordinance number 129-2004. The remainder of the ordinance is still applicable. The property is generally located east of the railroad track and north of Finley Drive. Mr. Schwanke gave a presentation. The request for zoning change contains 9.482 acres in the area commonly referred to as Anna Town Square. The property backs up to the Dart Rail to the west that creates some access difficulties since two points of improved access is required for all developments. Item 15 of this agenda provides an alternative to this situation that has been provided by the developer. This zoning request changes the existing entitlements for multi -family development to more enhanced standards than currently exist for this specific part of Anna Town Square. The staff has worked with the applicant to improve the requirements that are found in the attached ordinance. (b) Consider/Discuss/Act on recommendation regarding a request to amend existing PD (129-2004) to increase the standards in regard to multi -family development element if multi -family takes place on a certain 10 acres within the existing PD 129- 2004. The Public Hearing opened at 8:32 p.m. Ryan Combs representative, gave a presentation and answered questions from the Commissioner. The Public Hearing closed at 8:35 p.m. After a brief discussion, a motion was made by Commissioner Henke to approve the agenda item. Commissioner Gonzalez seconded the motion. The vote was unanimous. 14. Consider/Discuss/Act on recommendation regarding a formal request by John Arnold, as the representative for Palladium USA to waive its requirement that each subdivision have two fully paved access points connecting to the City's approved roadway system. This request pertains to the Palladium Anna site. Mr. Schwanke gave a presentation. He noted the applicant has submitted a request for waiver of the two fully paved access points connecting to the City's approved roadway system. The request is being proposed as a hardship because of the existence of the Dart railroad limiting the access to the property. He also noted the applicant is willing to provide an alternate temporary access method for providing emergency access only. This access would be via an extension of Finley Blvd. to a future extension of Leonard Blvd. The applicant requested that this item be Tabled. A motion was made by Chairman Johnson to Table the agenda item. Commissioner Callaham seconded the motion. The vote was unanimous. 15. Consider/Discuss/Act on recommendation regarding "Anna Town Square Amenity Center" final plat. Mr. Schwanke gave a presentation. The Anna Crossing Amenity Center final plat will contain the amenity center that will serve all of the Anna Town Square residential PZ Agenda 09-14-15.doc Page 5 of 6 9-14-15 development. The plat engineering has been reviewed by the staff and City Engineer. The staff is recommending approval of this plat. A motion was made by Commissioner Setliff, seconded by Commissioner Callaham to recommend approval of the final plat. The vote was unanimous. 16. Consider action to approve Minutes of the August 3rd, 2015 Planning and Zoning Commission Meeting. A motion was made by Commissioner Setliff, seconded by Commissioner Henke to approve the Minutes of the August 3rd, 2015 meeting. 17. Adjourn. There being no further business, a motion was made by Commissioner Setliff, seconded by Commissioner Plunkett to adjourn meeting. The meeting adjourned at 9:03 p.m. Maurice Schwanke Director of Planning and Development PZ Agenda 09-14-15.doc Page 6 of 6 9-14-15 CITY OF AN NA. TEXAS Item No. 6c City Secretary's use only City Council Agenda Staff Report Date: 10//13/15 Staff Contact: Maurice Schwanke Exhibits: Yes AGENDA SUBJECT: Approve "Anna Crossing PH 3A" final plat. SUMMARY: A final plat has been received on approximately 20.693 acres of land that is located east of Leonard Avenue and north of Sharp Street. The Civil plans are approved and infrastructure has been installed. The required lift station and force main servicing this phase has been approved and is under construction. This phase contains 36 residential lots on the tract. The Planning and Zoning Commission recommended approval of the final plat at their meeting, October 5th, 2015. The vote was unanimous. STAFF RECOMMENDATION: Approval of Resolution CITY OF ANNA, TEXAS RESOLUTION NO. (Anna Crossing Ph 3A Final Plat) A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "ANN PH 3A FINAL PLAT" GENERALLY LOCATED IN ANNA'S CITY LIMITS L� OF LEONARD AVENUE AND NORTH OF SHARP STREET AND IS SUB SUBDIVISION RULES AND REGULATIONS AS SET FORTH IN THIS RA60I WHEREAS, In order to provide for the orderly development of land and extraterritorial jurisdiction, the City Council of the City of Anna! has adopted Part III -A of the Anna City Code of Ordinances ("Subdi NOW THEREFORE, BE IT RESOLVED BY THE Cl ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein a Section 2. Approval of Preliminary Plat The City Council hereby approves PASSED AND APPROVED of October, 2015. 0 D EAS7 TO THE pna a City Cou it") ationA and OF ity of Anna, Texas, on this 13th day APPROVED: mayor IVIIKe Last CENTER ""LT, LTD �n AyU. TOWN ACRE bills . 2431 12 to IMMEVOZ. ye °9�i S89. 12'11"E 581.13' war x�« M� mmnaaaw n.eamu craw n. war _ ma'6J0 Tow -FAssets OiL �'vow srFOQIT wvaar nor $4 d ;E Oi BEgNMNO Puts.=5'S4x a 4 s PONT OF COYUENCRIOR= 1440.00' / m W. . _ _._._ _ _ _._._ LA PALOW go, 4%8T= va. 201.17� L= 399.76 - 'ae'_'""mrl.-- --'aro _,e4�_ -- 10'52"E ----- -mPo-- ---Pow ----�,�-- C= 398.47' ai'�3;' 13ROOKLYN DRIVE W" B= N26.07'090E - xa - uE-. w y a4vL-. .T -Sp - LEGAL OESCRp110N T a i I % ) /2 � 1 I ( I n $ b LTU WIEREAA„ TO" C ER NO 4\SHRP LTD 6 the of a bract f lad O y A !d r'a CENTER •4\ST1gx11 I N CEN92 the t in Starts S YY Ib 0 N 98 F Ua tY f Arno ben9 1 of a / t Fj r /Ig1A TOWN ACRE s. 12992 b t d Ld In V= 56J1 Pa9a 2600 F User (kd RecorM of Cason % ' j g 1 ; TRACz PopW226wv Canty. Tezw, beNg mareap«IlWarly described! as lobsa� Wes Sa I O 0 50 100 200 a4'/ , / r' t, / s g ©D $ 9 p o yi ¢¢ 8 j CgINENCNO, a1 Uw northeast what of La Pdano SW driven, an addition to the Torn of Hras as d<aarLd h Vol. C. P99 {18 F Uw Pat Records of COSn Colnty Texoa SOALE� Y 1W' 'j� P dlb dso bWq In the saM Me of a 43.570 acre tows m desa,Led F Yd, 5717, Pg. 2431 An %do ,4 ,9y' $� % 4 ' '" X) 1 i >� j < W' Dead Rat«der �•Mh." ' % 1 i Is I0 THENCE North 69. 121IT' Wool a" a moth tie of add 129.92 we Neal and bw'q F e2P 'Av ! 3` the soNh Me of Sold 43.670 sae Ua<s 1« a deface of ]N.95 lees to the POOIT OF BEtai310i N j/ x V H TENCE, South 00s 49'08" West dpor' id Men, for a dstowe of 150.42 lees to a / Inch son out MU oap Eat. Lx."r red a yellow eta pad�CorNn ,'OF \x ro ` '\ t a detmce of 1Db1 feet, to o / Inch ton rd Set nth Yellow `HENCE, South 89'NY62" East, Inc o elo lapel "CorrF Erg.M" ' a. a 'r n•u 70.91' top e t CENTER •4\SNIP LTD. N81A TOWN CEtt 7fl. L � / W.aOc \ / / /a a 1- '°�. �'-" y % THENCE, South OD •49.OB" Watt, for a da°cnce of 36LSO feet# to a / Fah tar red eel Mth e • •• 1RACi 1Ltt9.92 OC Is Env.Inc yellow e .r r ro <p stamped Fj 129200{ 4+ ' ( y �` 30\ ' . ZgINO68PO / / 4rx 9!�'\ rX 9 s� THENCE. North e of 70.91 foots to a / Inch tan Food sat nth a mC2^ Weal, for c. dalox •C«rH Erq.tw:'1 S #� -- - e a9' 'LR36 //\ yellow cap slmgd pee Y J ° •� THENCE, South Ii3.2Y36' Wens far a distance of 351.59 feet, to a Y2 inch tm red sal With a yeloov cap stamped "C«.F Erg.1g."I ] ) / `'% THENCE, South 65.4)•48" Weal, fora dm slae of 318.77 feet, to a / Fah ran to Set Mth a 6 wn i yellow <W eta'Med'C«Yn EM. Fc.v ejT / U'e'CnDGalmce of 292.68 feet, to a 1/2 M tan red eat MU o fpr/r /3a ° Re 5\8'j1 SRVEYORS CTECATE yeellow Sap �wAEN." 0 4 % i i �`p0 V1 % KNOW NL HEN BY THESE PRESENTS that L WAbiEH L. CORWW. do M1ae6y certhly Uol THENCE. South 16.OY42" Waal, foe a dalI of fuel to a / Inch tan rod eel MU a A % / % j Ipr Weal this FIndMI ad the Fula rates f tudad warate n+vey of the land, that Ow a c to Ua le(s lov'vg o ra6u of 950.00 lees a cenbd to t Yeb. cap asarpd � svin a 9n. bc. 53.12 /= 32.22'57" /r OD ti % S le ehoan Uarem Were properi d Wder my peraaMepervukn In oewdaoe aye of G4 2U feed $ ! % % 4 MU Doe sWdvkbn fle9dotbna of the Gty I Texas. TENCE drag Sold Sorts to the left for on arc dstace of 106.16 feel (Goad Re«Yq North I= 4600.00 T= 4640 ' i / 73•IY3d•' West - M6.15 feed, to a / InA Iran rod Sell L= 904.29' % ; 3 % i 7 N j THENCE, South 0 04710" Went for o detonce of 146.78 tests to e / Fah tan rd eel with a yeAoov C= 892.30' F r ) i cap starved "C«aF Enq.w. t Boo N17.52'510E k' ; i n / O wuuEN t.cmww R.P.L.S, No, 4621 THENCE, Nwo 83.30'49" Wesi for a d°tmc° o1304,68 Iae4 to a / txA Iran rd set Mth a Yellow / N 3 •4\S cep otmrped "C«wIni DD/I�OWN LINTER 2 i 0,t 11 i 1114d9.39f AONE T�*LTO-II) TIE STATE OF TEYAS THENCE, North 016022' Ews for a dstace of 49,74 feet, to a Y Felt tan red eel Mth a lebW Stop / VOL. S PO 2600 COUI)Y OF COLL& clmarpd "C«Mn EErara F<' at the poFl of wvalve of a anus to IM tight, Away a raMx of 1600.00 feet, hM pp 129-204 Vdagk of J2'2f'bPt w lagenl of 464.68 (Sett (� p,0 2 % Beforeme, the under .�aWARREINl-,�d, a Notary PLAic F ad for the State of Texas, m war d% °I to be lmi p«sm Mwae tuna 6 TIENN:E, deg add ante to the t f e dstaca of 904.29feel 02serd BeaFg North FN bra ; / 5persaady to < Wtrunenl, noW ackroate the ooFo dgd to that he executed same for Ue red net al Use posed of lagagyl 17*5T5T' East - 892.30 feel), to p /e ubeaLed / purpose ad cmdderaUon UweF expressed and F Uo capaatY Ucrdn alald. THENCE, Horth 34.04410" Eoes fa a distance of 147.53 feet, to o Y� F"M 4m red set MM a Yeaw cop Oven under my had and sad of elk*, ws_d% of 2015. Stomped of o nave k11, nwag ° rub» of 1440.00 feel, o cent/ rvolo E . o•lat theent of 20I f SHARP ROAD i �E3i4i;, 1 ( (! 3 % , ongto f sS feet° T-.. » R SftARP i `Y. a 1 ! RO THENCE, deg add cave to kfl for ;T distance of 399.76 feel (Ctord B�a�ny North - to tan F Uo Me 43.870 4ocU I tow ,�\ i 28.0]G9" East 398.4] leell, a yxaFM rd eel south of add we _ ( NOTARY RELIC, STATE OF TEAS THENCE, SwU 890 U11" East, Borg 8g South Roe of sdd 43.670 we tract, 1« a distance of 681.13 feel, ( to thre PDRT OF KOREHA ad cmlaivtp 20.693 was of lad. 1 - 3rvea _ a W W ( ay, o 3 ( OWNERS CERT"ATIONS CURVE TABLE NOW, THEREFORE, N IAOW ALL HEN BY THESE PRESENTS, /= 04.52'b2° O a� a r ft=1250. 001' MAT, ANNA CROSS0.G PHASE fA LTD.,wUp M1ereF by a,tl Utoore il'a duty S LNQ DELTA 5AO_ ENOIX TAlKE i S� B ARIw L �9.![, y T= 53.1Z'/ modopt thl Io t des! leg the nereuwbove aes«aed property a' µ ze �p°ffters' � 1. 03•52'00° 1540.00' 103,93, 51.96' 103.910 W3•3)'22'E ?Wee L=106�8' JA od filly of Arva, Texw, ad does hereby I83°30'49eW 304.88' dedcote, F lee si pk, to No pub4c we forever, the sVeata ad days shown Meow. The 2. 260390200 1540,OW 716,451 364.83' 7I0.00' N20.44'39'E 1 W a C= 106i 15' ' p Sheets and areore died<alad for street pp�vp�o a llw eanemmla and pW6o we ease, 3. for °9.29r46• 1500.00' 24e.61' 124,590 248.32' N29'19'26'E I B= N 11'30"N ham, ore deamld for the Pubf< use laeva. Ina purpose' Indwled m war plat 4. 05.12150• 1500.00' 136,50, 68,30, 136,451 N20.03'2T'E h addllon obf Y wsemenla may Mo be wd for Una mutuduse w wcamgdalbn of {88ea 22.58129• 2w'oot 99.52' 0,43' 98.86' ST7.46'38•E 55. deaFNg to use w uaFy the sane Wese the ewenent Mite Una use to pa8alor 26.4J'53' 250.00' 116.64' 59.40' 115,50, t4.11.0/'v / lYliea sad use by pW4cyubHu3Upedusnb9b nubordmle to Ua pWic'o Cily of Km's ueseep 7. M0310IB' 1425.00' 161,699 61.04' 167.80' S300460400V tIVE / storeiarpdr vemeoitl grosDw 91 toci tc Fi1PL PLAY In°rr M xe MU Ue°M au•IrvcVon, JI'°0' 5.00' weenda^9er or rtuFl to, th<t In Tho Gty hno 21•04 CF 643,05' 361.99' 637,631 S80•1J'19•11 of r<wecwe syatertna add ewmwnk. of od pWi< vb%ty enb8ea 126004 ((VV tanooeaAareUefdd9nlafF9refaaWe9reaela«hamthe'eraspw8veewartanbfar IL me Wpectig.Whoig,rdnldsF9, 01.017J' 1275.00' 156.57' 19.39' 158.4Y S14.23103'E ANNA CROSSING SLLC, pa so ofcacWctF9, reSmaWcbg, reabg meters, Y NNA WAWAY 20t21220001650330 ad oddM to or raroNn9y d« p«Is of Ind «apectNe ayalaro MUoul Uw ro<easity of Dry a of fr«n PHASE 3A 323-2007 proaetg pertdaalan etyma. CLERKS�E pp LL The sapprord eublecl to dpblLLg «Q axes, Nee,ad reploUona or Nor City of Mna, Texan. OUT OF THE oe WITNSS my hwe shed% of , 2015. C. STARK SURVEY ABSTRACT N0. 798 LIN TABLE R THE muss A9u cnOSSNO Pru¢ zA LTD CITY OF ANNA 1. aeq r faaw.d to a 4o.s]s h«L as exceed F e e zeJa 4 .575 voL LIIE No, eEARlrro 015T4RCE COLLIN COUNTY, TEXAS 5 F Ua Da Records o or Cohn Canty, Toren. 2 `"dtm rod, MU "MRWR ENGt N0." c ! M � STATE OF TENAS• L•gR(rY OF ON.LA9 i. S W049008' v Y13191 OWNER/APPLICANT 2. '11'Ss'E baadaY cameras NwA wwrs, pone( i ANNA CROSSING PHASE LTD. petit° e1 Wessisy, w raga teed In m BEFORE roe, the ARDwrNYO o Notary P,Aic N and I« add Carly Stale, el war E 7 Jp 82H WDALLAS, p24 r1g,t-el-W% aNes oUw.4e rated day y appeared D SKGeBVRO, kram to me to be the or persons; Mwae ormad IC 7ER S 75225 0/LL r 6 subw bed to We � me th e a fore me that he executed Uw Sam N ICapacily 14 522-4 45225 211-522-{945 3. UE -Wry EwurcnLL 7 Uu Watts stated and thUe wl and deed of cooge�ty 01. - G6dm Lhe, PREPARED BY W - eat Rd Few OVEN LWOOt W Iwo AND SEAL OF OFFICE, we day of 20M. CORWIN ENGINEERING, INC* R9 - tan Rd Sat Vw11,- Ywnsty A<caaa Udshoa,oa Ease ant Notary Peek In Was foL canty TOPE FIRM e5951 4. °paSp (A-t0-1,8-2 6 C-D are openw F Spew My Oa'niseon Expires, 70TAL LOTS 36 TOPLS FIRM •l0031700 akla d dmtd to w mahlossisl by W NOA TOTAL ACRES 20,693 2W W. BELUGH SAAYE E am KLEN. IcxAS `/50d 5. No flood plate atlas mule weerW FPoI map 972-396-UN rar8w 4B085COIfi0d, Raebed Ann 2. 2,°1W9.FE orx .RAY 2015 SCALES y-WO' �. _7!� "'i • V .-A1 I.is 455 -•r F' STREET(F.M. .N " Nn 3'I tti� iR f rj ri- �rT YA•`� fill f a r _ \• - �*``� i - . 4td -I IL I lit ill '-4o. t.. ,,.MMIIMM.MM'r.a>w MMww'1rw�.>w ._y._w�>Y.rd+.x�.Mi'7►'1r.-. �►aw+„"n.. .p+w.� ..k 4�� I� - wq�.lwvw..a+.'V� °.!'4M'+�r'°r�►).. r. r�.l� I 1' .aE �ML '*s, �� I � _ ' i�. '�� �.� .�/— ..�`F 1°r � c �frr' rf� • i R �' •.k ".�. �'T.�+ �:s 1rT w, 4}?>� �, ,. , ) 1 • ' t `4rh �' ,: �,1 % a AA't,... t n 6 .. • �APAIornA DRIVE• 4 � a y/>t:.i.'S.L�Ie"�k. . •o �RyY �'�►�, . 3 1 jStr: .w..,,sy,r + e R, •a,-..''i 'k b!t zAl \� 3 ` RTN T w s 1 p o o W WARNER DRIVE , �� � � V.h �tl1 • I S 422)k .; A. SITE 422 455 41 CITY OF AN NA, TEXAS Item No. 6d City Secretary's use only City Council Agenda Staff Report Date: 10/13/2015 Staff Contact: Clayton Fulton Exhibits: Yes AGENDA SUBJECT: Approve a Resolution setting date and time for a public hearing on the creation of the Villages of Hurricane Creek TIRZ SUMMARY: In order to create the Tax Increment Reinvestment Zone (TIRZ) associated with the Hurricane Creek Development, the City needs to call for a public hearing before the zone can be created. The attached resolution authorizes the public hearing but does not create the TIRZ. The TIRZ can be created at a meeting after the public hearing. STAFF RECOMMENDATION: Approve the resolution authorizing the public hearing on the TIRZ. CITY OF ANNA, TEXAS RESOLUTION NO. (Villages of Hurricane Creek TIRZ) A RESOLUTION SETTING A PUBLIC HEARING UNDER SEqWN 311.003 OF THE TEXAS TAX CODE FOR THE CREATION O AIQV INCREMENT REINVESTMENT ZONE WITHIN THE CITY ANN TEXAS; AUTHORIZING THE ISSUANCE OF NOTICE THE ITY SECRETARY OF ANNA, TEXAS REGARDING THE P C HE G; AND DIRECTING THE CITY TO PREPARE A NARY REINVESTMENT ZONE FINANCING PLAN. WHEREAS, the City of Anna, Texas (the "City" s auth nddWapter 311 of the Texas Tax Code, as amended (the "Act"), to cr incr nt reinvestment zone within its city limits; WHEREAS, the City Council of the (the "Cit u ZPrGGishes to hold a public hearing in accordance with Section 311. of the Act r rding the establishment of a tax increment reinvestment zone in the (the "Zo ) with the boundaries being described in the metes and bou e xhi ' ; and WHEREAS, in order old a is hearing for the creation of the Zone, notice must be given in a newspape e I circulation in the City no later than the 7t" day before the date of the in rdance with Section 311.003 of the Act; and WHEREA e City C ci1 h etermined to hold a public hearing on October 27, 2015 on the ation of the e. N ORE, B RESOLVED BY THE CITY COUNCIL: That-171Cblic hearing is hereby called for October 27, 2015, at 7:30 mbers, 111 N. Powell Parkway (HWY 5), Anna, Texas 75409, for .ann ny interested person speak for or against the inclusion of property Zone, the creation of the Zone, its boundaries, or the concept of tax ing with respect to the creation of the Zone. FV Section 2. At such time and place the City Council will hear testimony regarding he creation of the Zone and will provide a reasonable opportunity for the owner of any erty within the proposed Zone to protest the inclusion of their property within the Z e. Upon closing the public hearing, the City Council may consider the adoption of an ordinance authorizing the creation of the Zone. TIRZ Hearing Resolution Section 3. Attached hereto as Exhibit B is a form of the Notice of Public Hearing, the form and substance of which is hereby adopted and approved. Section 4. The City Secretary is hereby authorized and directed to cause said notice to be published in substantially the form attached hereto in a newspaper o circulation in the City no later than the 7t" day before the date of the hearing. Section 5. Before the October 27, 2015, hearing concerning shall prepare a preliminary reinvestment zone financing plan. This resolution shall be in full force and effect and it is accordingly so resolved. PASSED ON THIS Carrie L. Smith, City Secretary ,2 TIRZ Hearing Resolution EXHIBIT A Metes and Bounds for the Zone TIRZ Hearing Resolution EXHIBIT "A" LEGAL DESCRIPTION BEING all that certain tract of land situated in then Joseph Boyle Survey, Abstract Number 105, the John Coffman Survey, Abstract Number 197 the J. M. Kincade Survey, Abstract Number 509 J. W. Mitchel Survey, Abstract Number 565 the W. Rattan Survey, Abstract Number 752 and the T. Rattan Survey, Abstract Number 785, Collin County, Texas and being all of a called 262.41 acre tract as described by deed to Villages of Hurricane Creek, LP recorded in Volume 5430, Page 9864 of County Records, Collin County, Texas and being part of a called 114.252 acre of land described by deed to Don Collins, et al recorded in Volume 5257, Page 4877 of said County Records and being more particularly described by metes and bounds as follows: BEGINNING at the southeast corner of said 262.41 acre tract, in the west line of said 114.252 acre tract: THENCE S 89°54'24"W, 2687.84 feet; THENCE N 00°04'27"W, 387.21 feet; THENCE N 89°58'14"W, 849.21 feet; THENCE N 03°33'44"E, 1188.00 feet; THENCE N 88°26'26"W, 365.15 feet; THENCE N 23°08'27"W, 67.47 feet; THENCE N 02°48'15"E, 1930.31 feet; THENCE N 89°52'55"E, 465.63 feet; THENCE N 89°15'32"E, 742.56 feet; THENCE S 90°00'00"E, 1755.97 feet to the northeast corner of said 262.41 acre tract of land and being the northwest corner of said 114.252 acre tract; THENCE N 89°11'00"E, 794.06 feet; THENCE S 00°10'57"W, 232.18 feet; THENCE N 89°56'12"E, 1184.36 feet; THENCE S 01°06'39"E, 55.96 feet to the beginning of a curve to the right; THENCE with said curve to the right, an arc distance of 205.39 feet, through a central angle of 16°48'41", having a radius of 700.00 feet, the long chord which bears S 07°17'41"W, 204.65 feet; THENCE S 15°42'02"W, 121.60 feet; THENCE with said curve to the left, an arc distance of 205.39 feet, through a central angle of 16°48'41", having a radius of 700.00 feet, the long chord which bears S 07°17'41"W, 204.65 feet; THENCE S 01°06'39"E, 201.55 feet; THENCE with said curve to the right, an arc distance of 116.43 feet, through a central angle of 09°31'48", having a radius of 699.99 feet, the long chord which bears S 03°39'15"W, 116.30 feet; THENCE S 08°25'09"W, 393.86 feet; THENCE with said curve to the left, an arc distance of 101.69 feet, through a central angle of 08°19'23", having a radius of 700.03 feet, the long chord which bears S 04°15'28"W, 101.60 feet; THENCE S 00°05'44"W, 1035.62 feet; THENCE with said curve to the right, an arc distance of 530.61 feet, through a central angle of 43°25'52", having a radius of 700.00 feet, the long chord which bears S 21°48'40"W, 518.00 feet; THENCE S 43°31'37"W, 241.38 feet; THENCE with said curve to the right, an arc distance of 25.41 feet, through a central angle of 00°02'48", having a radius of 400.00 feet, the long chord which bears S 43°40'02"W, 25.41 feet; THENCE N 89°44'50"W, 655.06 feet; THENCE S 00°56'11"E, 265.80 feet to the Point of Beginning and containing 16,037,378 square feet or 368.2 acres of land more or less. EXHIBIT B City of Anna City Council Notice of Public Hearing On Creation of Reinvestment Zone THE ANNA CITY COUNCIL WILL HOLD A PUBLIC HEARING ON WEDNESDAY, OCTOBER 27, 2015 AT 7:30 P.M. IN THE ANNA COUNCIL CHAMBERS LOCATED AT 111 N. POWELL PARKWAY (HWY 5), ANNA, TEXAS 75409, ON THE CREATION OF A REINVESTMENT ZONE AND ITS BENEFITS TO THE CITY OF ANNA AND TO PROVIDE A REASONABLE OPPORTUNITY FOR ANY OWNER OF PROPERTY WITHIN THE PROPOSED REINVESTMENT ZONE TO PROTEST THE INCLUSION OF THEIR PROPERTY WITHIN THE PROPOSED REINVESTMENT ZONE, WHICH PROPOSED ZONE CONSISTS OF APPROXIMATELY 421 ACRES GENERALLY LOCATED 2.25 MILES NORTH OF THE INTERSECTION OF US 380 AND FM 1385 AND WITHIN THE CITY OF ANNA, TEXAS AND AS MORE PARTICULARLY DESCRIBED BY A METES AND BOUNDS DESCRIPTION AVAILABLE AT ANNA CITY HALL AND AVAILABLE FOR PUBLIC INSPECTION. AT THE PUBLIC HEARING, ANY INTERESTED PERSON MAY SPEAK FOR OR AGAINST THE INCLUSION OF PROPERTY WITHIN THE ZONE, THE CREATION OF THE REINVESTMENT ZONE, ITS BOUNDARIES, OR THE CONCEPT OF TAX INCREMENT FINANCING. FOLLOWING THE PUBLIC HEARING, ANNA CITY COUNCIL WILL CONSIDER ADOPTION OF AN ORDINANCE CREATING THE REINVESTMENT ZONE. TIRZ Hearing Resolution CITY OF AN NA. TEXAS Item No. 6e City Secretary's use only City Council Agenda Staff Report Date: 10//13/15 Staff Contact: Maurice Schwanke Exhibits: Yes AGENDA SUBJECT: Approve the "Munger" development plat. SUMMARY: The development plat is located within Anna's extraterritorial jurisdiction. The tract is in the Joseph Britton Survey, Abstract No. 72 and contains approximate 1.252 acres of land. The owner is proposing to build a house and other structures on the tract. The property is located at 10236 County Road 289. The submittal meets the City of Anna development plat requirement. The Planning and Zoning Commission recommended approval of the development plat at their meeting, October 511, 2015. The vote was unanimous. STAFF RECOMMENDATION: Approval of Resolution CITY OF ANNA, TEXAS RESOLUTION NO. (Munger Development Plat) A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "M DEVELOPMENT PLAT" GENERALLY LOCATED IN ANNA'S EXTRATE JURISDICTION LOCATED AT 10236 COUNTY ROAD 289 AND IS SUBJ SUBDIVISION RULES AND REGULATIONS AS SET FORTH IN THI26ES WHEREAS, In order to provide for the orderly development of land and extraterritorial jurisdiction, the City Council of the City of Anna! has adopted Part III -A of the Anna City Code of Ordinances ("Subdi NOW THEREFORE, BE IT RESOLVED BY THE Cl ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as et fort Section 2. Approval of Development Plat The City Council hereby approves tfj�ge elopr PASSED AND APPROVED of October, 2015. 0 ity of Anna, Texas, on this 13', day APPROVED: mayor IVIIKe Last OWNER'S CERTIFICATE VICINITY MAP NOT TO SCALE sxoP%caeaCE wt outioerioN TMEN<ro aE REuov6o> GENERAL NGTES 1) RA615 O REAR NG6 IS THE WEST LINE A TRACT Of IAND CONVEYED TO CASEY W. HUNGER DY DEED ftECOR0E0 IN IN6TRUNENi NUMBER 20100]060006RJd00, RECORDED IN OFFICIAL PUBLIC R[CORD6, COLON COUNTY, TEXAS. (NO2'22'O1'W) MUNGER DEVELOPMENTAL PLAT 54,515 acres 1.252 ace Oo sr'rvk^'y,;,�i +vast EGEND DEED CM = CONTROLLING MONUMENT R.O.W. RIGNi Of WAY NCZ - kAC NAIL SEr = 1/2 INCH IROtI ROD f0UN0 O.R.C.C.C.. OF RECORDS, COWN COUNTY, IN C O.P.R.C.C.i. = OFFICIAL PUBLIC RECORDS, COLON COUNTY, ttNAS STATE Of TEXAS COUNTY OF COLLIN WHEREAS, Casey W. Munger, is IM1e sole o of a tract of land situated in the Joseph Britton Survey, Abstract Number 72, Collin County. Texas, being all of a tree[ of land conveyed to Casey W. Munger, by deed, recorded In Insirunnenl number 20100706000687400, Official Public Records, Collin County, Texas, and being more particularly described by moles and bounds as follows: BEGINNING at a 1/2 Inch Iron rod found for corner and being the Southwest corner of a tailed 5 a Traci of land conveyed to Came[ R. Alexander, by dead recorded in instrument number 94f 00459]], Official Public Records, Collin County. Texas, sold c also being in the North Due of n real of land conveyed to Barbaro King by deed recorded in instrument number 94-0110068. Official Public Records, Collin County, Texas; THENCE North 88 degrees 21 minutes 14 seconds West, along the North Ime of said King tract, passing a 1/2 Inch Iron rod found at a distance of 175.30 feet and continuing a total dislance of 200.30 feel to a mug null set for corner, sold corner being the Northwest cornerof sold King Tract, 0 and big i the East II of , free] i land conveyed i Collin LEJ my, T cooperation, u - deed recorded to Volume me hasp all r bd 3, Ddatl Records, Catlin Co nly, Texas, and being In County Road 289 (o variable width asphalt road): THENCE North 02 degrees 27 minutes 01 seconds East, along the East line of sold ICI-LEJ recl, a distance of 272.22 feel to o mug nail set for co sold corner being the most Northern Southwest corner fine OI the said Alexander Treat, and being nin'sold County Road 289; THENCE South 88 degrees 24 minutes 21 seconds East, along the Most Westerly Southern Fine of said Alexander treat, passing a 1/2 Inch Iran rod found of a distance of 25A2 feet and continuing for a total distance of 200.16 feet to a 1/2 Inch Iran rod found for corner, and being on interior corner of said Alexander Trod; THENCE South 02 degrees 25 minutes 16 seconds West, along the most West line of said Alexander Tract, a distance of 272.40 feet to the POINT OF BEGINNING and containing 54,519 square feet or 1.252 acres of fond. Q-�GI�'FO BRYAN CONNA�LY 5513 �y•'�OFess(o�P�'Q-� SU RVETOR'S STATEMENT: THAT, I, Bryan Connolly, do hereby certify Thal I preparetl IM1is davelopmenlai plot tram actual s rvey n IM1e IG nd and Thai the corner moots shown IM1erean w re lavnd and/or properly placed vender my personal supervision in acordance with the Plalltng Rules and Regulations of the Plon ning and Zoning Com missicn of the Cily of Anna, Tcxa s. Dale IM1IS the F� •11 day o1 2015. Bryan Con null texas Register d Profes slonol Lend Sureye No. 5513 MUNGER DEV[LOPNENTAL PLAT 54.519 SO.R. / 1.252 ACRES JO6EPH BRIRIC SURVEY, AtIAL JU ISO 72 Cltt OF ANNA EXTRCOUNT ORLLL JURISDICTION, GOWN COUNTY, TEXAS Surveying, Inc. PIAN NINO SURVEYING OWlIER: CASEY W. MUNGER /2025 5hlloh Road Finn No. 01So. 101 Dallas, Texas ]5228 68800 P 214.34lons.c'1 F VALcorm 9.2218 vxanr, szz-aJa-adss .cbgdfw.com sclu: 1 =zo' / Darr. zrrszvsu as, 2015 / 40 NO. I51 saxJ-1 / oaAwN Or. are is t 1 _ F ,1 _ w w ,r I Ile, iae r SIT ` •� �� *• -, a � �� � ___ � _ •— I j �;e .. i 1 � ter' "k c:l: " F ��, - • , 1 • 1•� I aw' 1 F I 'l ' � 4 •, --- Imo_ _ _ -. � � ,C- ♦ 1 �, �`• re _ I� r O r� /r • :,u r r r�• �♦ w , - • _.. SM ••. '_ �_�_ _ _ I. Ak AAL N. �; R s, =mac { ,• ' �, '7}v . ♦��r k.._ i. rF .ga�lll r jar` •� ..,�r i� i-, - ,`` "� ,� .e/r .. 4. �sr L. ti - ,,.• ..1 `p , 4'�;�q,_ j •, jl1 � � � •• ,,tit t �. �,,j et f�.-,� ,a, ����'..� a ,�: -• � � � .� ', i :�"; �!; �'� Ala t 1� � i 'y►'�e'�"l' � '* _v °� .i{ �e•n•4�ow.rry� ,r. �+w .�,• Ai!♦ }- _ r , , � f . ✓'r �, r„�h�,) Altdk • 41 It 82 r ,�r �.10� , '� "��� ��• ., �'d r r,.:. •�iik {w�a "'k.�• _, w� . 11 .1•.r•NI*'.O.ef ,'/r .}, q Yam- ,n �y� I yr,�,� y � ''f '� *_ �,'�`+ r� , � M r ' .-0 � r: �• '. . �_. .,k,. I'f ta. � _ _ -� WHITE STRE WHITE STREET (F M. 455) - —jw s d rr . SIT • •, w• PQIO% "Irm CITY OF AN NA. TEXAS Item No. 6f City Secretary's use only City Council Agenda Staff Report Date: 10//13/15 Staff Contact: Maurice Schwanke Exhibits: Yes AGENDA SUBJECT: Approve the "Richardson" development plat. SUMMARY: The development plat is located within Anna's extraterritorial jurisdiction. The tract is in the Richard Phalen Survey, Abstract no. 694 and contains approximate 4 acres of land. The owner is proposing to build a house, carport and several other structures on the tract. The property is located at 9183 County Road 285. The submittal meets the City of Anna development plat requirement. The Staff recommends approval of the development plat. The Planning and Zoning Commission recommended approval of the development plat at their meeting, October 51", 2015. The vote was unanimous. STAFF RECOMMENDATION: Approval of Resolution CITY OF ANNA, TEXAS RESOLUTION NO. (Richardson Development Plat) A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "RICH DEVELOPMENT PLAT" GENERALLY LOCATED IN ANNA'S EXTRAT O JURISDICTION LOCATED AT 9183 COUNTY ROAD 285 AND IS SUB TO SUBDIVISION RULES AND REGULATIONS AS SET FORTH IN THIS RESO ION. WHEREAS, In order to provide for the orderly development of land and extraterritorial jurisdiction, the City Council of the City of Anna, has adopted Part III -A of the Anna City Code of Ordinances ("Subdl NOW THEREFORE, BE IT RESOLVED BY THE CITY ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if Section 2. Approval of Development Plat The City Council hereby approves the Richa PASSED AND APPROVED by of October, 2015. CITY OF ANNA, TEXAS RESOLUTION NO. OF Anna, Texas, on this 13t", day APPROVED: IVIIKe Vnsi Mayor PAGE 1 OF 1 I 1J2.50 AC __ 9 89'SJ_J9' E _ 4. 98H ACRES 4.000 Ac FERNANoO FJY O ANO YYIFE l Z IZO VOL z854. Pc_ 6� __ -- _- N 89'S]'09� W 4YAYANE A FONEs KAREN L.YJONEs OOc. O. R C. C. TzB�e� GRID NORTH AS CORRULAtED FROM GPS OD9ER VAiION LEGAL DESCRIPTION GRAPHIC SCALE I mcih W 1rt SURVEYOR Douglas VJ. Untlerwoo0 R. P. L. S. NO. 4]09 UNDERIVOOD DRAFTING .Y SURVEYING, INC. 3404 INTERURBAN ROAD DENISON. TEXAS ]5021 903-465-2151 R /�D yOP77rr O CLARENCE RiCNARD50ry 1106 fy. POEN£ps PARAWAV rv. A, J5409 �� __�__ _e __ 1180.81' Siluoled n Ue Cwnly of Colin, Slab of iaxaz, berg o part of Ue Richard Pholen Survey, Abstract No.694 a o being Uol 5.000 tract of land conveyed to IAorgodla Rose WnitwwlM1 az corded In Document Number 94-0104190, Deed Recwdz, Collin County, Texas and being deswded by mates antl bounds as ldlons: Be9innng at found ro aad sphe, al Isle n theasl crone o/ sa'0 5000 acre Iraq, saA berg the saulM1eost cw r of that 1 W ocre lro<t of londr reyed to Fernando Enc'zo antl wife Joyce En<Izo a corded N Vo uma. 2854, Page. 469 of sold deed records. sold roirood spke dso be ng n the west ne or lhol 214.121 awe tract of land conveyed to ANNALANO. LiD. as recorded n Document Number 20a4-p16J350. Thence 8wU OOOJ 2J' West tM1 lha a zt ne 1 sold 5000 ac, tract and lM1e west Ine of sold 214121 o re 4ac1, a d'slonce of 192J6 feel fo a found ra oad sp4e of the southeast of saldc5 000 a tract, the nwTheost cwnw of that 24.29J acre Uacl of land c veyed tp Woyna A. Jones andcw fa. Karen L Jones as recorded n Document Number 96 0028585 f sole aeea reawa>: Thence NwIM1 89'SJ'04" Wezl w;lM1 the souU Ine of sold 5.000 ocre tract and the nwlM1 Ine of sold 24 293 acre trod, a d'atance of 1,180.81 flat to a fauntl 5/8" sled rod at Ue soulhnest cw r or sold 5000 acre lra<1. the norlM1wesl corner o1 sold 24293 awe Lact and n the aostedy 'via of that 192 50 acre tract of land conveyed to ANNALAND LTD os recorded n Document Number 2004-OtJJ29J of sold deed records: Thence NwIM1 26'S6'31' Eost wiU the west INo of sold 5.00p acre tract and easterly Ilne of sold 19250 acre tract, o distance of 219.95 feet to o round t/2" pqe al the nortM1xest cwnw or said 5.00 owe tract and soulhnest comer of sold 4.00 aue tract; Thence South 89'SJ'J9' Easl with the nwtM1 line of sold 5.000 acre tract antl south I'ne of said 4.00 acre tract, o distance of 1,OJ4.J8 teat to the PgNi OF BE4YNNINC and containlnq 4.988 auez (21 J,2J9 square feet) of land. PROPERTY AODRE58: ANNA CT. 285 E%A9 ]5409 1 I '� I I 1_w 219. 12t A OOc NNOL z004-016]350 a. a.cct. [.isj �� !j �116� �JA4I ;ss 918J County Noad 285 o n >" 4� �'it� ��es] LOCATION MAP NOT TO SCALE i2.iCHAl2T�SON DEVELOPMENT PLAT 4_998 ACSiES SN THE RSCHA1L17 PHALEN S"C _TSLV EY ABSTi2A CT NO 694 COLLSN COT_TNTY TEXAS DATE: 09-04-2015 340a INTERURBAN ROAD DEN190N. TEXAS ]5021 (903y465-2151 e S , / i d. y.•+ gyp"'; „' N., ...-.....» � y}� Yy.. 1- d':9f •; d4}' r� iL � .. ; y�,e ��, •.. w+!:iu.-_ ��� . y 'Y $ _ r �u''�.1� !u '•� L �•Z was. 1,,�.�BeE� - - - -_ _ Y Y. • `iRt •ASP � ./41 �13• r �{ - 4 d�� e•l,f. * i�jy,�' ! -.. � - - - • , .S• w 1i .. �., ts • .f-.. f•� / .: ' h r ,may M y, +.�r„4ile�' " ' I. ' • ' . .. ..' < 1�' .. f_' k . 82 ' / /; i ' ' f IC 9 • a/'' ,. '. d U f ? n "Sr're l ,•_ ', k � . ^ '•''t e "+hrP , 4 i ., • � � --r � _� (' `- wHlre s14 ,. - k t li } s'ti id , �� '* "- "_- -" • N.. wnrtE STREET (F nn. assl - - -_ - � � __ .17 e 7 f. f3k �. e . �, 7RY,v , w� I •1 •• f ,�. v 286 -. • Y1 , i rr .. 4 Ikt1 64 y eS a' ^' L V .;� � A.NI a' ee! Y••�� a E^�•e,.`l�`- � , � n ��� ��yT �r �., .r.rl•.M' Art 0 e 1.. . e , MM e 210 :N FA :: No CITY OF AN NA. TEXAS Item No. 6g City Secretary's use only City Council Agenda Staff Report Date: 10/13/15 Staff Contact: Maurice Schwanke Exhibits: Yes AGENDA SUBJECT: Approve the "Robertson Addition" development plat. SUMMARY: The development plat is located within Anna's extraterritorial jurisdiction. The tract is in the J. C. Neil Survey, Abstract No. 659 and contains approximate 5 acres of land. The owner is proposing to build a house and a metal workshop on the tract. The property is located at 12144 County Road 509. The submittal meets the City of Anna development requirement. The Staff recommends approval of the development plat. The Planning and Zoning Commission recommended approval of the development plat at their meeting, October 51", 2015. The vote was unanimous. STAFF RECOMMENDATION: Approval of Resolution CITY OF ANNA, TEXAS RESOLUTION NO. (Robertson Addition Development Plat) A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "RO ADDITION" DEVELOPMENT PLAT" GENERALLY LOCATED I EXTRATERRITORIAL JURISDICTION LOCATED AT 12144 COUNTY RO SUBJECT TO THE SUBDIVISION RULES AND REGULATIONS AS SET F RESOLUTION. '06 WHEREAS, In order to provide for the orderly development of land and extraterritorial jurisdiction, the City Council of the City of Anna! has adopted Part III -A of the Anna City Code of Ordinances ("Subdi NOW THEREFORE, BE IT RESOLVED BY THE Cl ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein a Section 2. Approval of Development Plat The City Council hereby approves PASSED AND APPROVED of October, 2015. CITY OF ANNA, TEXAS RESOLUTION NO. lopment plat AND 19 IN THIS pna a City Cou it") ationA and OF ity of Anna, Texas, on this 13', day APPROVED: Mayor IVIIKe L;nst PAGE 1 OF 1 I , I > z NS i, *E23P3' N OS'1N3/' E E6i9' 19' �0' / VLLUE 1613 mU VLLUE �523 PM£ m PIQ PIJ3 4M_ COUNTY ROAD 424 II �605 NAa SEf s es•,aros• E 11 ovENue a' P�cNir Lus PAVE➢ N y 5,006 ACRES ,s LEGEND - - � �,• Nam,,. EE�N„�,m, $ ph Wimw bskm VICINITY MAP 1•NODO' .O. . 1 DDITION m. gs 2862 r 05( 614 �17 V. J. All (424 121 r T- 2862 AW A, �ITY L1 ................ 2862 ITEM I I !- � j 214 CITY LIMITS (424) joO W• :ITY LIMITS G�� 07 CITY LIMITS 121 2862 i CITY OF AN NA, TEXAS Item No. 7 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: Maurice Schwanke Exhibits: Yes AGENDA SUBJECT: Consider/Discuss/Action regarding a resolution approving a Subdivision Improvement Agreement for Anna Crossing, Phase 3A. SUMMARY: Anna Crossing, Phase 3A is located at the northeast corner of Sharp Road and Leonard Avenue in the Anna Town Square development east of State Highway 5 (Powell Parkway) and includes 36 single family lots. The attached Subdivision Improvement Agreement will authorize the release of building permit for not more than 10% of the lots within Phase 3A prior to formal acceptance by the City of all the required public improvements. Release of the building permits is conditioned on completion of all public improvements required to serve the property with the exception of the off -site sewer. A certificate of occupancy for the new homes will not be issued until the all public improvements are formally accepted, and the final plat has been recorded with Collin County. Authorization for this type of agreement is outlined in the City's Subdivision Ordinance. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution and Agreement. CITY OF ANNA, TEXAS RESOLUTION NO. (SIA Anna Crossing Ph. 3A) A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT FOR ANNA CROSSING, PHASE 3A. WHEREAS, the City of Anna, Texas (the "City") and Anna Crossing P e IIA, Ltd.,' ("Owner"), desire to enter into a Subdivision Improvement Agreeme dr e limited release of certain building permits in connection with the constrAnn ossing Phase 3A; and, WHEREAS, the City Council of the City of Anna, Texas ("City Cou app ov I ofthis Agreement will benefit the City and is in the best interests of thenn NOW THEREFORE, BE IT RESOLVED BY THE CITjMUNCIL ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein a Section 2. Approval of Agreement. The City Council hereby approves as Exhibit 1, and authorizes, 4raThe City Manager is hereby actions necessary to finalize, a PASSED AND APP day of October, 201 OF rposes. vMI&LLpro ent Agreement attached hereto (pro ity Manager's execution of same. execute all documents and to take all other enforce this Agreement. ouncil of the City of Anna, Texas, on this the 13tn APPROVED: Mayor Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1 SUBDIVISION IMPROVEMENT AGREEMENT ANNA CROSSING, PHASE 3A This Subdivision Improvement Agreement (this "Agreement") is entered into between the City of Anna, Texas, a home -rule municipality (the "City") and Anna CrosC IIA, Ltd. (collectively, "Owner"). The term "Owner" includes all owners of thand each of the owners of the Property are jointly and severally bound to t of the "Owner" under this Agreement. � WHEREAS, Owner and the City are sometimes collectively Agreement as the "Parties," or, each individually, as "Party"; andA WHEREAS, it is the Parties' mutual intent that this Agreement subject matter specifically set forth herein; and w WHEREAS, the Agreement concerns development "Property") in Collin County, Texas, which is compo,, more particularly described in the document attache and WHEREAS, the Owner has requested th building permits on the Property descri required by City Regulations hav E before a final plat of the Prope the Land Recordings with the in Co WHEREAS, the purpose of on the limitations and 9Wiaa WHEREAS, the 10% of the to improvements h not IimiteLWa th is e )I'Wperty (the ;re tract of land nt as Exhibit A; ka imited number of residential efore all the improvements accepted by the City, and s been officially recorded in and ent is to grant the Owner's request conditioned h in this Agreement; and ay Rftse some residential building permits for up to resicTential subdivision, provided that all required ed for that portion of the Development, including but ire and emergency protection, and provided that an ecurity, as required under City Regulations, is approved pletion of all remaining improvements; consideration of the mutual covenants contained CITALS INCORPORATED recitals set forth above are incorporated herein as cribe the Parties' intent under this Agreement < esentations by Owner and the City. SECTION 2 DEFINITIONS City Code shall mean the Anna City Code of Ordinances. SUBDIVISION IMPROVEMENT AGREEMENT the to further constitute Page 11 City Manager the current or acting City Manager of the City of Anna or a person designated to act on behalf of the City Manager with respect to this Agreement if the designation is in writing and signed by the current or acting City Manager. City Regulations shall mean City Code provisions, ordinances, desigdards uniform codes, and other policies duly adopted by the City. Development s applicable City agreement(s). development of this Agreement, Effective Date shall mean the first date upon which both of the fo (1) the City Council of the City of Anna has duly appro c the Parties have fully executed same. Initial Improvements shall mean, except for public improvements (including but not limited protection) required by City Regulations to A Remaining Improvements shall mean all i Improvements, that are required by City F in Exhibit A. - all of provements, all and emergency in Exhibit A. er than the Initial ,e the Property described (a) Prior to the issuance by the any building permits authorized by this Agreement, �)wnQd9111111111111111111hanst ormance Bond as security for its promise to complete cos tion o em g Improvements within 180 days of the Effective DatIcle he Perfor ce d shall comply with all applicable requirements in Part III -A, 6, Sectio of the City Code. Iftils tQAFnplete construction of the Remaining Improvements in a City within 180 days of the Effective Date of this without limiting the rights and remedies that the City may have at IWIlowing events shall occur: ClWaIll have the right to file a claim against the Performance Bond for cons ion of the Remaining Improvements. Owner shall be solely responsible for any actual expenses related to construction of the Remaining Improvements that exceed the amount of the Performance Bond. Furthermore, Owner shall be solely responsible for the costs of any Remaining Improvements that are not included in the Performance Bond, but that meet the definition of Remaining Improvements. SUBDIVISION IMPROVEMENT AGREEMENT Page 12 2. If ordered by the City, Owner shall cease all construction of single family homes for which building permits have been issued under this Agreement until construction of all the Remaining Improvements are complete and formally accepted by the City. _ SECTION 4 PARTIAL RELEASE OF LOTS a) Upon completion of the Initial Improvements, delivery of the Perform nce d the City as described in Section 3 of this Agreement, and verificati y the the Bond is in compliance with this Agreement, the City shall rel OF residenti building permits for not more than 10% of the lots within the P erbed in Exhibit A; provided, however, that the issuance of building i City under this provision shall be subject to compliance by the Owne e applicable City Regulations related to the issuance of�ilding b) Building construction shall not proceed above the ley all'Water lines serving fire hydrants have been completed, inspect d, an proved by the City; and (2) all streets necessary to provi s to the Prope and to serve the Property, are complete and approved byiffiW7779111h, c) Except for service line camera inspei prevent water from entering any sani test balls" shall remain in pla serve the Property describ J City. No lot may be sol in Exhibit A ha County Clerk' 1 conductedla the City, Owner shall ewer main, d all sewer line "pressure kL'te sew provements required to Romwe and formally accepted by the until the final plat of the Property described ,d in the Land Recordings with the Collin any building shall be issued until the final plat of the has been officially recorded in the Land Recordings Naave *EMNEOUS PROVISIONS d officers and/or agents of the Parties are the properly authorized the necessary authority to execute this Agreement on behalf of the h Party hereby certifies to the other that any necessary resolutions or ng such authority have been duly passed and are now in full force and ect. It is the Parties' mutual intent that this Agreement shall govern only the subject fitter specifically set forth herein and shall supersede any previous agreement kiteen the Parties and City Regulations only to the extent that any such agreements y Regulations directly conflict with the terms of this Agreement. SUBDIVISION IMPROVEMENT AGREEMENT Page 13 [SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] SUBDIVISION IMPROVEMENT AGREEMENT Page 14 Anna Crossing Phase IIA, Ltd. a Texas Limited Partnership SUBDIVISION IMPROVEMENT AGREEMENT Page 15 CITY OF ANNA m. SUBDIVISION IMPROVEMENT AGREEMENT Page 16 ATTACHMENTS Exhibit A — Anna Crossing Phase 3A SUBDIVISION IMPROVEMENT AGREEMENT Page 17 CENTER ""LT, LTD �n AyU. TOWN ACRE bills . 2431 12 to IMMEVOZ. ye °9�i S89. 12'11"E 581.13' war x�« M� mmnaaaw n.eamu craw n. war _ ma'6J0 Tow -FAssets OiL �'vow srFOQIT wvaar nor $4 d ;E Oi BEgNMNO Puts.=5'S4x a 4 s PONT OF COYUENCRIOR= 1440.00' / m W. . _ _._._ _ _ _._._ LA PALOW go, 4%8T= va. 201.17� L= 399.76 - 'ae'_'""mrl.-- --'aro _,e4�_ -- 10'52"E ----- -mPo-- ---Pow ----�,�-- C= 398.47' ai'�3;' 13ROOKLYN DRIVE W" B= N26.07'090E - xa - uE-. w y a4vL-. .T -Sp - LEGAL OESCRp110N T a i I % ) /2 � 1 I ( I n $ b LTU WIEREAA„ TO" C ER NO 4\SHRP LTD 6 the of a bract f lad O y A !d r'a CENTER •4\ST1gx11 I N CEN92 the t in Starts S YY Ib 0 N 98 F Ua tY f Arno ben9 1 of a / t Fj r /Ig1A TOWN ACRE s. 12992 b t d Ld In V= 56J1 Pa9a 2600 F User (kd RecorM of Cason % ' j g 1 ; TRACz PopW226wv Canty. Tezw, beNg mareap«IlWarly described! as lobsa� Wes Sa I O 0 50 100 200 a4'/ , / r' t, / s g ©D $ 9 p o yi ¢¢ 8 j CgINENCNO, a1 Uw northeast what of La Pdano SW driven, an addition to the Torn of Hras as d<aarLd h Vol. C. P99 {18 F Uw Pat Records of COSn Colnty Texoa SOALE� Y 1W' 'j� P dlb dso bWq In the saM Me of a 43.570 acre tows m desa,Led F Yd, 5717, Pg. 2431 An %do ,4 ,9y' $� % 4 ' '" X) 1 i >� j < W' Dead Rat«der �•Mh." ' % 1 i Is I0 THENCE North 69. 121IT' Wool a" a moth tie of add 129.92 we Neal and bw'q F e2P 'Av ! 3` the soNh Me of Sold 43.670 sae Ua<s 1« a deface of ]N.95 lees to the POOIT OF BEtai310i N j/ x V H TENCE, South 00s 49'08" West dpor' id Men, for a dstowe of 150.42 lees to a / Inch son out MU oap Eat. Lx."r red a yellow eta pad�CorNn ,'OF \x ro ` '\ t a detmce of 1Db1 feet, to o / Inch ton rd Set nth Yellow `HENCE, South 89'NY62" East, Inc o elo lapel "CorrF Erg.M" ' a. a 'r n•u 70.91' top e t CENTER •4\SNIP LTD. N81A TOWN CEtt 7fl. L � / W.aOc \ / / /a a 1- '°�. �'-" y % THENCE, South OD •49.OB" Watt, for a da°cnce of 36LSO feet# to a / Fah tar red eel Mth e • •• 1RACi 1Ltt9.92 OC Is Env.Inc yellow e .r r ro <p stamped Fj 129200{ 4+ ' ( y �` 30\ ' . ZgINO68PO / / 4rx 9!�'\ rX 9 s� THENCE. North e of 70.91 foots to a / Inch tan Food sat nth a mC2^ Weal, for c. dalox •C«rH Erq.tw:'1 S #� -- - e a9' 'LR36 //\ yellow cap slmgd pee Y J ° •� THENCE, South Ii3.2Y36' Wens far a distance of 351.59 feet, to a Y2 inch tm red sal With a yeloov cap stamped "C«.F Erg.1g."I ] ) / `'% THENCE, South 65.4)•48" Weal, fora dm slae of 318.77 feet, to a / Fah ran to Set Mth a 6 wn i yellow <W eta'Med'C«Yn EM. Fc.v ejT / U'e'CnDGalmce of 292.68 feet, to a 1/2 M tan red eat MU o fpr/r /3a ° Re 5\8'j1 SRVEYORS CTECATE yeellow Sap �wAEN." 0 4 % i i �`p0 V1 % KNOW NL HEN BY THESE PRESENTS that L WAbiEH L. CORWW. do M1ae6y certhly Uol THENCE. South 16.OY42" Waal, foe a dalI of fuel to a / Inch tan rod eel MU a A % / % j Ipr Weal this FIndMI ad the Fula rates f tudad warate n+vey of the land, that Ow a c to Ua le(s lov'vg o ra6u of 950.00 lees a cenbd to t Yeb. cap asarpd � svin a 9n. bc. 53.12 /= 32.22'57" /r OD ti % S le ehoan Uarem Were properi d Wder my peraaMepervukn In oewdaoe aye of G4 2U feed $ ! % % 4 MU Doe sWdvkbn fle9dotbna of the Gty I Texas. TENCE drag Sold Sorts to the left for on arc dstace of 106.16 feel (Goad Re«Yq North I= 4600.00 T= 4640 ' i / 73•IY3d•' West - M6.15 feed, to a / InA Iran rod Sell L= 904.29' % ; 3 % i 7 N j THENCE, South 0 04710" Went for o detonce of 146.78 tests to e / Fah tan rd eel with a yeAoov C= 892.30' F r ) i cap starved "C«aF Enq.w. t Boo N17.52'510E k' ; i n / O wuuEN t.cmww R.P.L.S, No, 4621 THENCE, Nwo 83.30'49" Wesi for a d°tmc° o1304,68 Iae4 to a / txA Iran rd set Mth a Yellow / N 3 •4\S cep otmrped "C«wIni DD/I�OWN LINTER 2 i 0,t 11 i 1114d9.39f AONE T�*LTO-II) TIE STATE OF TEYAS THENCE, North 016022' Ews for a dstace of 49,74 feet, to a Y Felt tan red eel Mth a lebW Stop / VOL. S PO 2600 COUI)Y OF COLL& clmarpd "C«Mn EErara F<' at the poFl of wvalve of a anus to IM tight, Away a raMx of 1600.00 feet, hM pp 129-204 Vdagk of J2'2f'bPt w lagenl of 464.68 (Sett (� p,0 2 % Beforeme, the under .�aWARREINl-,�d, a Notary PLAic F ad for the State of Texas, m war d% °I to be lmi p«sm Mwae tuna 6 TIENN:E, deg add ante to the t f e dstaca of 904.29feel 02serd BeaFg North FN bra ; / 5persaady to < Wtrunenl, noW ackroate the ooFo dgd to that he executed same for Ue red net al Use posed of lagagyl 17*5T5T' East - 892.30 feel), to p /e ubeaLed / purpose ad cmdderaUon UweF expressed and F Uo capaatY Ucrdn alald. THENCE, Horth 34.04410" Eoes fa a distance of 147.53 feet, to o Y� F"M 4m red set MM a Yeaw cop Oven under my had and sad of elk*, ws_d% of 2015. Stomped of o nave k11, nwag ° rub» of 1440.00 feel, o cent/ rvolo E . o•lat theent of 20I f SHARP ROAD i �E3i4i;, 1 ( (! 3 % , ongto f sS feet° T-.. » R SftARP i `Y. a 1 ! RO THENCE, deg add cave to kfl for ;T distance of 399.76 feel (Ctord B�a�ny North - to tan F Uo Me 43.870 4ocU I tow ,�\ i 28.0]G9" East 398.4] leell, a yxaFM rd eel south of add we _ ( NOTARY RELIC, STATE OF TEAS THENCE, SwU 890 U11" East, Borg 8g South Roe of sdd 43.670 we tract, 1« a distance of 681.13 feel, ( to thre PDRT OF KOREHA ad cmlaivtp 20.693 was of lad. 1 - 3rvea _ a W W ( ay, o 3 ( OWNERS CERT"ATIONS CURVE TABLE NOW, THEREFORE, N IAOW ALL HEN BY THESE PRESENTS, /= 04.52'b2° O a� a r ft=1250. 001' MAT, ANNA CROSS0.G PHASE fA LTD.,wUp M1ereF by a,tl Utoore il'a duty S LNQ DELTA 5AO_ ENOIX TAlKE i S� B ARIw L �9.![, y T= 53.1Z'/ modopt thl Io t des! leg the nereuwbove aes«aed property a' µ ze �p°ffters' � 1. 03•52'00° 1540.00' 103,93, 51.96' 103.910 W3•3)'22'E ?Wee L=106�8' JA od filly of Arva, Texw, ad does hereby I83°30'49eW 304.88' dedcote, F lee si pk, to No pub4c we forever, the sVeata ad days shown Meow. The 2. 260390200 1540,OW 716,451 364.83' 7I0.00' N20.44'39'E 1 W a C= 106i 15' ' p Sheets and areore died<alad for street pp�vp�o a llw eanemmla and pW6o we ease, 3. for °9.29r46• 1500.00' 24e.61' 124,590 248.32' N29'19'26'E I B= N 11'30"N ham, ore deamld for the Pubf< use laeva. Ina purpose' Indwled m war plat 4. 05.12150• 1500.00' 136,50, 68,30, 136,451 N20.03'2T'E h addllon obf Y wsemenla may Mo be wd for Una mutuduse w wcamgdalbn of {88ea 22.58129• 2w'oot 99.52' 0,43' 98.86' ST7.46'38•E 55. deaFNg to use w uaFy the sane Wese the ewenent Mite Una use to pa8alor 26.4J'53' 250.00' 116.64' 59.40' 115,50, t4.11.0/'v / lYliea sad use by pW4cyubHu3Upedusnb9b nubordmle to Ua pWic'o Cily of Km's ueseep 7. M0310IB' 1425.00' 161,699 61.04' 167.80' S300460400V tIVE / storeiarpdr vemeoitl grosDw 91 toci tc Fi1PL PLAY In°rr M xe MU Ue°M au•IrvcVon, JI'°0' 5.00' weenda^9er or rtuFl to, th<t In Tho Gty hno 21•04 CF 643,05' 361.99' 637,631 S80•1J'19•11 of r<wecwe syatertna add ewmwnk. of od pWi< vb%ty enb8ea 126004 ((VV tanooeaAareUefdd9nlafF9refaaWe9reaela«hamthe'eraspw8veewartanbfar IL me Wpectig.Whoig,rdnldsF9, 01.017J' 1275.00' 156.57' 19.39' 158.4Y S14.23103'E ANNA CROSSING SLLC, pa so ofcacWctF9, reSmaWcbg, reabg meters, Y NNA WAWAY 20t21220001650330 ad oddM to or raroNn9y d« p«Is of Ind «apectNe ayalaro MUoul Uw ro<easity of Dry a of fr«n PHASE 3A 323-2007 proaetg pertdaalan etyma. CLERKS�E pp LL The sapprord eublecl to dpblLLg «Q axes, Nee,ad reploUona or Nor City of Mna, Texan. OUT OF THE oe WITNSS my hwe shed% of , 2015. C. STARK SURVEY ABSTRACT N0. 798 LIN TABLE R THE muss A9u cnOSSNO Pru¢ zA LTD CITY OF ANNA 1. aeq r faaw.d to a 4o.s]s h«L as exceed F e e zeJa 4 .575 voL LIIE No, eEARlrro 015T4RCE COLLIN COUNTY, TEXAS 5 F Ua Da Records o or Cohn Canty, Toren. 2 `"dtm rod, MU "MRWR ENGt N0." c ! M � STATE OF TENAS• L•gR(rY OF ON.LA9 i. S W049008' v Y13191 OWNER/APPLICANT 2. '11'Ss'E baadaY cameras NwA wwrs, pone( i ANNA CROSSING PHASE LTD. petit° e1 Wessisy, w raga teed In m BEFORE roe, the ARDwrNYO o Notary P,Aic N and I« add Carly Stale, el war E 7 Jp 82H WDALLAS, p24 r1g,t-el-W% aNes oUw.4e rated day y appeared D SKGeBVRO, kram to me to be the or persons; Mwae ormad IC 7ER S 75225 0/LL r 6 subw bed to We � me th e a fore me that he executed Uw Sam N ICapacily 14 522-4 45225 211-522-{945 3. UE -Wry EwurcnLL 7 Uu Watts stated and thUe wl and deed of cooge�ty 01. - G6dm Lhe, PREPARED BY W - eat Rd Few OVEN LWOOt W Iwo AND SEAL OF OFFICE, we day of 20M. CORWIN ENGINEERING, INC* R9 - tan Rd Sat Vw11,- Ywnsty A<caaa Udshoa,oa Ease ant Notary Peek In Was foL canty TOPE FIRM e5951 4. °paSp (A-t0-1,8-2 6 C-D are openw F Spew My Oa'niseon Expires, 70TAL LOTS 36 TOPLS FIRM •l0031700 akla d dmtd to w mahlossisl by W NOA TOTAL ACRES 20,693 2W W. BELUGH SAAYE E am KLEN. IcxAS `/50d 5. No flood plate atlas mule weerW FPoI map 972-396-UN rar8w 4B085COIfi0d, Raebed Ann 2. 2,°1W9.FE orx .RAY 2015 SCALES y-WO' CITY OF AN NA, TEXAS Item No. 8 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: Joseph Johnson Exhibits: Yes AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Hector Bernal and Janice Bernal. SUMMARY: The City is working on the design and construction of a new sanitary sewer interceptor line that is necessary to accommodate the current and future growth of our city. In order to construct these improvements, the City will need to acquire an easement across property owned by Hector and Janice Bernal. The attached resolution authorizes Staff to negotiate, and, if necessary, initiate the use of eminent domain to acquire the needed sewer easement. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution. A motion to approve the resolution should be made precisely as follows as prescribed by law: "I move that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.127 acres of land, more or less, for a permanent sanitary sewer easement, and 0.243 acres of land, more or less, for a temporary construction easement, said tracts located in the Robert A. Johnson Survey, Abstract No. 479, Collin County, Texas, and described in a deed to Hector Bernal and Janice Bernal, recorded in Instrument Number 20060703000907110 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.127 acres and 0.243 acres being more particularly described by the metes and bounds description set forth in Exhibit "A" to this resolution, which I incorporate in full into my motion." CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, F THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMA SANITARY SEWER EASEMENT AND A TEMPORARY CONSTRUCTIO EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.127 REAL PROPERTY, MORE OR LESS, AND 0.243 ACRES OF REA MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF AND THE CITY'S ATTORNEYS TO ACQUIRE SAID EASEME I MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, NECESSARY, PROCEEDINGS IN EMINENT DOMAIN-,AAWIN WHEREAS, the City of Anna plans to construct and/or associated facilities to meet the public need t benefit the City of Anna, its citizens and th neral WHEREAS, it is necessary to acquire a and temporary construction easeme n system improvements; and WHEREAS, it is necessary I acquisition of said easements domain; and ES, PER provements to 3nitary sewer easement ity of Anna for such sewer Fuse its authority to pursue negotiations for the ursue the easements under power of eminent WHEREAS, the Council o CFVf Anna, Texas ("City Council"), after careful consideration, fin that a public cessity exists for acquisition of a permanent sanitary sewer easement a tempora construction easement, providing limited rights on and un ac re perty, more or less, and 0.243 acres of real property, mor less, ich is articularly described in Section 2 of this resolution, for the p es of' maintenance, replacement, and/or repair of sewer lines, and bene pub i Ith, safety and welfare; FORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THAT: Incorporation of Recitals; Purpose The City Council finds that the above -stated recitals are true and correct and said recitals are incorporated herein as if set forth in full for all purposes. CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 3 1.02 This resolution is intended to comply in all respects with Texas Government Code § 2206.001, et seq., Texas Local Government Code § 251.001, et seq., and Texas Property Code § 21.001 et seq., to the extent the provisions of such statutes are applicable. The City Council, by this resolution, intends, if necessary, to exercis powers of eminent domain under Texas Local Government Code,§ any and all other applicable statutes. Easements to be Acquired The necessary permanent sanitary sewer easement sought cquire provide limited rights on and under a portion of a , 'd po tota ' approximately 0.127 acres of real property (the ` nitary S r nt"), held by Hector Bernal and Janice Bernal and/o her roxi ate 0.127 acres of real property is generally aligned and de d in Ex it A, attached to this resolution and incorporated herei ce a if fu t forth for all purposes. The precise permanent ement to ac may differ from what is shown in said alignment and de iption but sai lignment and description approximates the general route an neral area he permanent sanitary sewer easement. The necessary temp constr ion easement sought to be acquired will provide limited rights o d r a portion of a tract, said portion totaling approximately cre eal property (the "Temporary Construction Easement") or al and Janice Bernal and/or others. Said rea?Voperty is generally aligned and described in s solution and incorporated herein by reference as if s. The precise temporary easement to be acquired own in said alignment and description but said n approximates the general route and general area of ruction easement. Finding of Public Necessity and Authorization to Take Action The CWCouncil finds a public necessity for the public welfare and convenience to acquire the Sanitary Sewer Easement and the Temporary Construction Easement identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing sewer lines. T Council authorizes the City Manager, City staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys, and other legal counsel if determined necessary by said attorneys, to acquire the needed CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 3 Sanitary Sewer Easement and the Temporary Construction Easement by any lawful means including but not limited to negotiations with landowners and, if necessary, proceedings in eminent domain. 3.02 The City Council by this resolution directs the City Manager, his staff, an Tidwell & McCoy, LLP, attorneys and other legal counsel if determine cessary by said attorneys, —as necessary and in the appropriate sequence — Sanitary Sewer Easement and the Temporary Construction Eas nt by a certified appraiser, to send the landowner(s) a copy of t praisa landowner's bill of rights statement, to enter into good -fait gotiati landowner(s), to make a bona -fide offer and make any ne ar al < monetary offers in an attempt to acquire the Sanitary�1yer ent s Temporary Construction Easement consistent appropriate, and to convey the City's desire to Easement and the Temporary Construction Ea and, if necessary, to institute proceedin r necessary actions in such proceedin co Sewer Easement and the Tempora Construc hereby authorizes and ratifies any asserts its full authority, to t e; Sanitary Sewer Easeme in Section 2, above. Effective Date. This resolution s PASSED by the ve the wised W 3V#Ajj&W(e the Sanitary asement. The City Council P thus far, and hereby further ed by law, to acquire the ruction Easement identified y upon its passage. City -of Anna, Texas, this 13t" day of October, 2015. APPROVED: Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 3OF3 Parcel No. 10 5/12/2015 EXHIBIT "A" CITY OF ANNA, TEXAS THROCKMORTON CREEK TRUNK SEWER PERMANENT SANITARY SEWER EASEMENT ACROSS LOT 26, WOODLAND MEADOWS ADDITION Being a strip of land 20 feet in width for a permanent sanitary sewer easement in the Robert A. Johnson Survey, Abstract No. 479, Collin County, Texas, and being over, under and across Lot 26 of Woodland Meadows, an Addition to the City of Anna, recorded in Volume C, Page 713 of the Map Records of Collin County, Texas, and being a 3.6902 acre tract of land conveyed to Hector Bernal and Janice Bernal by deed recorded in Instrument No. 20060703000907110 of the Deed Records of Collin County, Texas, (D.R.C.C.T.) said 20-foot wide Permanent Sanitary Sewer Easement being more particularly described as follows: BEGINNING at a point for corner in the south property line of said 3.6902 acre Bernal tract, said point being in the north property line of Lot 27, said Woodland Meadows Addition, said Lot 27 also being a 4.1282 acre tract of land conveyed to Christ Plumlle and Lisa Plumlle by deed recorded in Instrument No. 20100624000646560 of the D.R.C.C.T., said point bears N 74023'57" W, a distance of 13.33 feet from a 1/2-inch iron rod found with cap in the south property line of said 3.6902 acre Bernal tract and in the north property line of said 4.1282 acre Plumlle tract, said point also bears N 16°46'02" W, a distance of 404.72 feet from a 'T' Post found in the south property line of said 4.1282 acre Plumlle tract; THENCE N 74023'57" W, along the south property line of said 3.6902 acre Bernal tract and the north property line of said 4.1282 acre Plumlle tract, a distance of 21.65 feet to a point for corner; THENCE N 06053'52" W, departing the south property line of said 3.6902 acre Bernal tract and the north property line of said 4.1282 acre Plumlle, a distance of 276.29 feet to a point for corner, said point being in the north property line of said 3.6902 acre Bernal tract and in the south property line of Lot 17, said Woodland Meadows Addition, said Lot 17 also being a 6.1019 acre tract of land conveyed to Erlinda Gan by a deed recorded in Vol. 3393, Page 336 of the D.R.C.C.T.; THENCE N 88028'39" E, along the north property line of said 3.6902 acre Bernal tract and the south property line of said 6.1019 acre Gan tract, a distance of 13.62 feet to a point for a comer, THENCE S 25035'21" E, continuing along the north property line of said 3.6902 acre Bernal tract and the south property line of said 6.1019 acre Gan tract, a distance of 20.08 feet to a point for comer; THENCE S 06053'52" E, departing the north property line of said 3.6902 acre Bernal tract and the south line of said 6.1019 acre Gan tract, a distance of 264.27 feet to the POINT OF BEGINNING, said Permanent Sanitary Sewer Easement containing 0.127 acres of land, more or less. Also, a 30 foot Temporary Construction Easement being immediately adjacent to and west of the above described permanent sanitary sewer easement and containing 0.243 acres of land, more or less. Notes: 1. Bearings and distances cited in this field note description are based on the Texas State Plane Coordinate System, NAD-83, Texas North Central Zone 4202. 2. Field survey last conducted on 03/20/2015. 3. An Easement Plat of even date herewith accompanies this Field Note Description. Derek B. Chaney, P.E., R.P.L.S. Texas Registration No. 6523 Birkhoff, Hendricks & Carter, L.L.P. TBPLS Firm No. 100318-00 11910 Greenville Ave., Suit460—, Dallas, Texas 75243 Phone: 214-361-790 , OF.T� e��oc11� Rio 9� , ........................... DEREK B. CHANEY \ A 6523 HAProjects\Anna\2014144 Throckmorton Tnac SeNvd�Easement Plats\Descriptions\10-Hector-Janice Bernal Parcel No I O.docx Page I Of 2 / 30' TEMPORARY CONSTRUCTION EASEMENT a24,3 ACRES % LOT 27 (10,591 S.F.) l / WOODLAND MEADOWS / ADDITION CHRIST PLUMLLE & LISA PLUMLLE INST. NO. 20100624000646560 4.1282 AC. / POINT OF / BEGINNING X Y 'T' P 01 O 8 PO aIv R N74 23'57"1V 21.65'� l_. 46 02 W BAR\NG N�6 ENE / REFER 1 /2" 1 R F W/CAP ABST. NO. 479 1 ABST. NO. 839 / LOT 26 WOODLAND MEADOWS EXHIBIT A ADDITION VOL. C, PG. 713 HECTOR BERNAL & JANICE BERNAL INST. NO. 20060703000907110 3.6902 AC. ///'�i N6'53'52'W 276.29' 20' S6'53'52'E 264.27' REFERENCE BEARING N74'93'57"W — 13.33' 0 100 HORIZONTAL SCALE IN FEET SCALE: 1 "=100' LOT 17 WOODLAND MEADOWS ADDITION / N88'28'39"E ERLINDA GAN [,--IJ.62' VOL. 3393, PG. 336 �S25'3521 'E 20.08' 20' PERMANENT SANITARY SEWER I EASEMENT THROCKMORTON CREEK 0. 127 AC. RRT A. JOHNSON SURVEY 1BST. NO. 479 NOTES: 1. BEARINGS AND DISTANCES CITED ON THIS PLAT ARE Q BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD-83, TEXAS NORTH CENTRAL ZONE 4202. 2. FIELD SURVEYS WERE CONCLUDED ON MARCH 20, 20151 r� " 3. A FIELD NOTE DESCRIPTION OF EVEN DATE HEREWITH n ACCOMPANIES THIS EXHIBIT. Y DEREK B. CHANEY=... t, 6523 ���/,��•.°. Fps sto��p� �i„SURU Page 2 of2 CITY OF AN NA, TEXAS Item No. 9 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: Joseph Johnson Exhibits: Yes AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Gerald Ray Davidson. SUMMARY: The City is working on the design and construction of a new sanitary sewer interceptor line that is necessary to accommodate the current and future growth of our city. In order to construct these improvements, the City will need to acquire an easement across property owned by Gerald Ray Davidson. The attached resolution authorizes Staff to negotiate, and, if necessary, initiate the use of eminent domain to acquire the needed temporary construction easement. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution. A motion to approve the resolution should be made precisely as follows as prescribed by law: "I move that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.147 acres of land, more or less, for a temporary construction easement, said tract located in the Robert A. Johnson Survey, Abstract No. 479, and the Ezra Shelby Survey, Abstract No. 839, Collin County, Texas, and described in a deed to Gerald Ray Davidson, recorded in Instrument Number 20020405000502240 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.147 acres being more particularly described by the metes and bounds description set forth in Exhibit "A" to this resolution, which I incorporate in full into my motion." CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FI THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A TEMPOR CONSTRUCTION EASEMENT PROVIDING LIMITED RIGHTS ON AND R 0.1 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING TH MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORN SAID EASEMENT BY ANY LAWFUL MEANS, INCLUDING BUT NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN Ef PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Anna plans to construct and/or associated facilities to meet the public need to providel benefit the City of Anna, its citizens and the general he WHEREAS, it is necessary to acquire a now held by the City of Anna for such so WHEREAS, it is necessary for the City to acquisition of said easement andjAdNJW WHEREAS, the City Counci consideration, finds th i construction ease , property, more or ss, whicl resolution, for th urposes ents to easement not pursue negotiations for the under power of eminent f Anna, Texas ("City Council"), after careful ssity exists for acquisition of a temporary d rights on and under 0.147 acres of real re icularly described in Section 2 of this illation, maintenance, replacement, and/or repair of lic health, safety and welfare; LVED BY THE CITY COUNCIL OF THE CITY OF tion of Recitals; Purpose Council finds that the above -stated recitals are true and correct and said re incorporated herein as if set forth in full for all purposes. This resolution is intended to comply in all respects with Texas Government Code § 2206.001, et seq., Texas Local Government Code § 251.001, et seq., and Texas Property Code § 21.001 et seq., to the extent the provisions of such statutes are applicable. CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 3 1.03 The City Council, by this resolution, intends, if necessary, to exercise the City's powers of eminent domain under Texas Local Government Code § 251.001 and any and all other applicable statutes. Section 2. Easement to be Acquired 2.01 The necessary temporary construction easement sought to be acqui will provide limited rights on and under a portion of a tract, said porti tot approximately 0.147 acres of real property (the "Temporary C ruction Easement"), held by Gerald Ray Davidson and/or others. appro ' ate 0.147 acres of real property is generally aligned and des d in it A, attached to this resolution and incorporated herein by refere if fully forth for all purposes. The precise temporary eas be red differ from what is shown in said alignment and descr' on but alig and description approximates the general route and ne e t mporary construction easement. Section 3. Finding of Public 3.01 The City Council finds a public convenience to acquire the Section 2, above, for th pc 3.02 and/or replacing sew es. Th staff and/or City consu s o attorneys, and N sacquire the aincluding not liegproceedin in emiain. Action ty for the pLoic welfare and or onstruOa'ying, Easement identified in f c maintaining, repairing ity Council authorizes the City Manager, City ntractors, and, Wolfe, Tidwell & McCoy, LLP, I if determined necessary by said attorneys, to instruction Easement by any lawful means pions with landowners and, if necessary, T Co by thi olution directs the City Manager, his staff, and Wolfe, well McC ttorneys and other legal counsel if determined necessary by sai neys,—as necessary and in the appropriate sequence —to have the e uction Easement appraised by a certified appraiser, to send ndowner(s) a copy of the appraisal and the landowner's bill of rights sta nt, to enter into good -faith negotiations with the landowner(s), to make a bona- offer and make any necessary initial and final monetary offers in an attempt to acquire the Temporary Construction Easement consistent with the appraisal(s), when appropriate, and to convey the City's desire to acquire the Temporary Construction Easement in an efficient manner, and, if necessary, to institute proceedings in eminent domain and take all necessary actions in such proceedings to condemn and acquire the Temporary Construction Easement. The City Council hereby authorizes and ratifies any such actions taken thus far, CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2OF3 and hereby further asserts its full authority, to the greatest extent provided by law, to acquire the Temporary Construction Easement identified in Section 2, above. This resolution shall take effect immediately upon its passage. PASSED by the City Council of the City of Anna, City Secretary, CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 3 OF 3 Parcel No. 14 10/5/2015 EXHIBIT "A" CITY OF ANNA, TEXAS THROCKMORTON CREEK TRUNK SEWER TEMPORARY CONSTRUCTION EASEMENT ACROSS LOT 16, TWIN CREEKS ADDITION (UNRECORDED) Being a strip of land for a 15-foot wide temporary construction easement in the Robert A. Johnson Survey, Abstract No. 479 and the Ezra Shelby Survey, Abstract No. 839, Collin County, Texas, and being over, under and across Lot 16 of Twin Creeks, an unrecorded Addition found in Slide 2679 of the Collin Central Appraisal District Plat Records, and being a 1.781 acre tract of land conveyed to Gerald Ray Davidson by deed recorded in Instrument No. 20020405000502240 of the Deed Records of Collin County, Texas, (D.R.C.C.T.) said 15-foot wide Temporary Construction Easement being more particularly described as follows: BEGINNING at a point for corner, said point being the northeast corner of said 1.781 acre Davidson Tract and in the center of Twin Creeks Circle, a public 80-foot wide roadway and waterline easement as recorded in Volume 1027, Page 80, of the D.R.C.C.T., said point also being the southeast corner of Lot 15 of said Twin Creeks Addition, said Lot 15 also being a 2.236 acre tract of land conveyed to Jack L. Brownings and wife Barbara K. Brownings by deed recorded in Instrument No. 19991020001290710 of the D.R.C.C.T. said point also being the southwest corner of Lot 30 of said Twin Creeks Addition, said Lot 30 also being a 2.506 acre tract of land conveyed to William B. Bigham & wife, Denise Bigham by deed recorded in Volume 2984, Page 639 of the D.R.C.C.T.; THENCE S 15002'43" W, along the center of said Twin Creeks Circle and the east property line of said 1.781 acre Davidson Tract, a distance of 15.51 feet to a point for corner; THENCE N 89043'01" W, departing the center of said Twin Creeks Circle and the east property line of said 1.781 acre Davidson Tract, a distance of 422.93 feet to a point for corner, said point being in the center of Throckmorton Creek, said point also being in the west property line of said 1.781 acre Davidson Tract, and also being in the east property line of Lot 27 of Woodland Meadows, an addition recorded in Volume C, Page 713 of the Map Records of Collin County, Texas, said Lot 27 also being a 4.1282 acre tract of land conveyed to Chris Plumlee and Lisa Plumlee by deed recorded in Instrument No. 20100624000646560 of the D.R.C.C.T.; THENCE N 17007' 17" W, along the center of Throckmorton Creek and the common property line of said 1.781 acre Davidson tract, and said 4.1282 acre Plumlee tract, a distance of 15.72 feet to a point for a corner at the northwest corner of said 1.781 acre Davidson tract, said point bearing S 72'01'41" E, a distance of 85.46 feet from a 'T' post found in the south property line of said 4.1282 acre Plumlee tract, said point also bears S 24"17'42" E, a distance of 450.17 feet from a 1/2-inch iron rod found with cap in the north property line of said 4.1282 acre Plumlee tract; THENCE S 89043'01" E, departing the center of Throckmorton Creek, and being along the north line of said 1.781 acre Davidson tract, a distance of 275.21 feet to the POINT OF BEGINNING, said Temporary Construction Easement containing 0.147 acres of land, more or less. Notes: 1. Bearings and distances cited in this field note description are based on the Texas State Plane Coordinate System, NAD-83, Texas North Central Zone 4202. 2. Field survey last conducted on 03/20/2015 3. An Easement Plat of even date herewith accompanies this Field Note Description. Derek B. Chaney, P.E., R.P.L.S. O F Texas Registration No. 6523 Nzl-1 PQ��i�rg;' Birkhoff, Hendricks & Carter, L.L.P. TBPLS Finn No. 100318-00 �DEREK .B. .CHANEY 11910 Greenville Ave., Suite 600 ......... 6523 Dallas, Texas 75243 Phone: 214-361-7?�,0 / SUR�� -15 HAProjects\Anna\2014144 Throckmorton Trunk Sewer\Easement Plats\Descriptions\14-Gerald Ray Davidson.docx Page 1 of 2 I.R.F CHRIS PLUMLEE & \ W/CAP W//C LISA PLUMLEE, INST. N0. 20100624000646560 4.1282 AC. LOT 27 N, WOODLAND MEADOWS ADDITION '-k. �I VOL. C, PG. 713, M.R.C.C.T. S\ c^ \ so \ yam\ \ REFERENCE BEARING \ S72'01'41"E - 85.46' \ EZRA SHELBY SURVEY ABST. NO. 839 JACK L. BROWNINGS & WIFE BARBARA K. BROWNINGS 15' TEMPORARY INST. N0. 1999102000129071U 2.236 AC. CON'STRUC17ON EASEMENT LOT 15 0.147 ACRES TWIN CREEKS ADDITION (6,409 S.F.) (UNRECORDED) KERRY B. TUBBS & WIFE, 15' GWENDOLYN M. ISELT TUBBS \ \ FILE ID. NO. 'T' POST FND 2005-0081400 VOL. 5943, PG. 1524 N1707'17"W 4.999 AC. 15.72' PART OF LOTS 28 & 29 ODLAND MEADOWS ADDITION 0 z ROBERT A. JOHNSON SURVEY �o /� a ABST. NO. 479 A /�Q � R 0 100 HORIZONTAL SCALE IN FEET SCALE: 1 "=100' NOTES: s1. BEARINGS AND DISTANCES CITED ON THIS PLAT ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD-83, TEXAS NORTH CENTRAL ZONE 4202. 2. FIELD SURVEYS CONCLUDED ON MARCH 20, 2015. 3. A FIELD NOTE DESCRIPTION OF EVEN DATE HEREWITH ACCOM\IES THIS EXHIBIT. / S89'43'O1 "E EXIST. 30' UTIL. 8 431.58' DRGE. ESMT. (PEF UNRECORDED PLA1 R OF TWIN CREEKS) 15' I EXHIBIT "A" ILOT 30 I TWIN CREEKS ADDITION (UNRECORDED) V WILLIAM B. BIGHAM & 2 WIFE, DENISE BIGHAM VOL. 2984, PG. 639 D.R.C.C.T. 2.506 AC. I BEGINNING L— TWIN CREEKS CIRCLE — 02'431V N89'43101 'bV t 15.51 ' _ — o) 422.93' GARAG / — - -- 00 GERALD R_AY -- LOT 52C Z DAVIDSON / 4i TWIN CREEKS ADDITION � INST. NO. � (UNRECORDED) a 20020405000502240 2 STEVE HENSCHEL & 1.781 AC. / O TIFFANY HENSCHEL LOT A HOUSE / / INST. NO. 20100628000656460 D.R.C.C.T. TWIN CREEKS ADDITION (UNRECORDED) O / 0.667 AC. _ SLIDE 2679, C.C.A.D.P.R. — — EXIST. 80' ROADWAY & W.L. ESMT. VOL. 1027, PG. 80 D.R.C.C.T. / f / PARCEL NO. 14 E OF T CITY OF ANNA, TEXAS ......... .................. GERALD RAY DAVIDSON DEREK B. cyANEY ' 6523 TEMPORARY CONSTRUCTION EASEMENT P„'i q� FFss.. BIRKHOFF, HENDRICKS & CARTER, L.L.P. October '\ SUFky PROFESSIONAL ENGINEERS JCJ / v TBPE Firm No. 526; TBPLS Firm No. 10031800 2015 /// 11910 Greenville Ave., Suite 600 Dallas, Texas 75243 (214) 361_7900 CITY OF AN NA, TEXAS Item No. 10 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: Joseph Johnson Exhibits: Yes AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Jon Michael Petersen and Laura Jean Petersen. SUMMARY: The City is working on the design and construction of a new sanitary sewer interceptor line that is necessary to accommodate the current and future growth of our city. In order to construct these improvements, the City will need to acquire an easement across property owned by Jon and Laura Petersen. The attached resolution authorizes Staff to negotiate, and, if necessary, initiate the use of eminent domain to acquire the needed sewer easement. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution. A motion to approve the resolution should be made precisely as follows as prescribed by law: "I move that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.150 acres of land, more or less, for a permanent sanitary sewer easement, and 0.241 acres of land, more or less, for a temporary construction easement, said tracts located in the Robert A. Johnson Survey, Abstract No. 479, and the Ezra Shelby Survey, Abstract No. 839, Collin County, Texas, and described in a deed to Jon Michael Petersen and wife Laura Jean Petersen, recorded in Instrument Number 199990730000955880 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.150 acres and 0.241 acres being more particularly described by the metes and bounds description set forth in Exhibit "A" to this resolution, which I incorporate in full into my motion." CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, F THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMA SANITARY SEWER EASEMENT AND A TEMPORARY CONSTRUCTIO EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.150 REAL PROPERTY, MORE OR LESS, AND 0.241 ACRES OF REA MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF AND THE CITY'S ATTORNEYS TO ACQUIRE SAID EASEME I MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, NECESSARY, PROCEEDINGS IN EMINENT DOMAIN-,AAWIN WHEREAS, the City of Anna plans to construct and/or associated facilities to meet the public need t benefit the City of Anna, its citizens and th neral WHEREAS, it is necessary to acquire a and temporary construction easeme n system improvements; and WHEREAS, it is necessary I acquisition of said easements domain; and ES, PER provements to 3nitary sewer easement ity of Anna for such sewer Fuse its authority to pursue negotiations for the ursue the easements under power of eminent WHEREAS, the Council o CFVf Anna, Texas ("City Council"), after careful consideration, fin that a public cessity exists for acquisition of a permanent sanitary sewer easement a tempora construction easement, providing limited rights on and un ac re perty, more or less, and 0.241 acres of real property, mor less, ich is articularly described in Section 2 of this resolution, for the p es of' maintenance, replacement, and/or repair of sewer lines, and bene pub i Ith, safety and welfare; FORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THAT: Incorporation of Recitals; Purpose The City Council finds that the above -stated recitals are true and correct and said recitals are incorporated herein as if set forth in full for all purposes. CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 3 1.02 This resolution is intended to comply in all respects with Texas Government Code § 2206.001, et seq., Texas Local Government Code § 251.001, et seq., and Texas Property Code § 21.001 et seq., to the extent the provisions of such statutes are applicable. 'AM The City Council, by this resolution, intends, if necessary, to exercis powers of eminent domain under Texas Local Government Code,§ any and all other applicable statutes. Easements to be Acquired The necessary permanent sanitary sewer easement sought cquire provide limited rights on and under a portion of a d po total' approximately 0.150 acres of real property (the ` nitary S r nt"), held by Jon Michael Petersen and wife Laura J P /or hers. Said approximate 0.150 acres of real property is gene igned described in Exhibit A, attached to this resolution ated erei reference as if fully set forth for all purposes. The cise per n ent to be acquired may differ from what is shown ins alignment a description but said alignment and description approxi s the gene route and general area of the permanent sanitary se e The necessary temp constr ion easement sought to be acquired will provide limited rights o d r a portion of a tract, said portion totaling approximately QJiQcre eal property (the "Temporary Construction Easement")is Petersen and wife Laura Jean Petersen and/or .24TWres of real property is generally aligned and att hed to this resolution and incorporated herein by f for all purposes. The precise temporary easement rom what is shown in said alignment and description description approximates the general route and general construction easement. Finding of Public Necessity and Authorization to Take Action The C'WCouncil finds a public necessity for the public welfare and convenience to acquire the Sanitary Sewer Easement and the Temporary Construction Easement identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing sewer lines. T Council authorizes the City Manager, City staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys, and other legal counsel if determined necessary by said attorneys, to acquire the needed CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 3 Sanitary Sewer Easement and the Temporary Construction Easement by any lawful means including but not limited to negotiations with landowners and, if necessary, proceedings in eminent domain. 3.02 The City Council by this resolution directs the City Manager, his staff, an Tidwell & McCoy, LLP, attorneys and other legal counsel if determine cessary by said attorneys, —as necessary and in the appropriate sequence — Sanitary Sewer Easement and the Temporary Construction Eas nt by a certified appraiser, to send the landowner(s) a copy of t praisa landowner's bill of rights statement, to enter into good -fait gotiati landowner(s), to make a bona -fide offer and make any ne ar al < monetary offers in an attempt to acquire the Sanitary�1yer ent s Temporary Construction Easement consistent appropriate, and to convey the City's desire to Easement and the Temporary Construction Ea and, if necessary, to institute proceedin r necessary actions in such proceedin co Sewer Easement and the Tempora Construc hereby authorizes and ratifies any asserts its full authority, to t e; Sanitary Sewer Easeme in Section 2, above. Effective Date. This resolution s PASSED by the ve the wised W 3V#Ajj&W(e the Sanitary asement. The City Council P thus far, and hereby further ed by law, to acquire the ruction Easement identified y upon its passage. City -of Anna, Texas, this 13t" day of October, 2015. APPROVED: Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 3OF3 Parcel No. 7 8/31/2015 EXHIBIT "A" CITY OF ANNA, TEXAS THROCKMORTON CREEK TRUNK SEWER PERMANENT SANITARY SEWER EASEMENT ACROSS LOT 15, WOODLAND MEADOWS ADDITION Being a strip of land 20 feet in width for a permanent sanitary sewer easement in the Robert A. Johnson Survey, Abstract No. 479 and the Ezra Shelby Survey, Abstract No. 839, Collin County, Texas, and being over, under and across Lot 15 of Woodland Meadows, an addition to the City of Anna, recorded in Volume C, Page 713 of the Map Records of Collin County, Texas, and being a 3.8505 acre tract of land conveyed to Jon Michael Petersen and wife Laura Jean Petersen by deed recorded in Instrument No. 19990730000955880 of the Deed Records of Collin County, Texas, (D.R.C.C.T.) said 20-foot wide Permanent Sanitary Sewer Easement being more particularly described as follows: BEGINNING at a point for corner in the south property line of said 3.8505 acre Petersen tract, said point being in the north property line of Lot 16, said Woodland Meadows Addition, said Lot 16 also being a 4.7862 acre tract of land conveyed to Dr. Yao Cheng Ong and Cheng Eng Ong by deed recorded in Vol. 1515, Page 12 of the D.R.C.C.T., said point bears S 58°07'09" E, a distance of 574.32 feet from a 3/8-inch iron rod found for the northwest property corner of said 3.8505 acre Petersen tract and being in the right-of-way line of Conway Road Cul-de-Sac, said point also bears S 66°33'21" E, a distance of 571.91 feet from a 3/8-inch iron rod found for the northwest corner of said 4.7862 acre Ong tract and being in the right-of-way line of said Conway Road Cul-de-Sac; THENCE N 17008'06" E, departing the south property line of said 3.8505 acre Petersen tract and the north property line of said 4.7862 acre Ong tract, a distance of 204.10 feet to a point for corner; THENCE N 47038'13" E, a distance of 131.98 feet to a point for a corner, said point being in the east property line of said 3.8505 acre Petersen tract and in the west line of a 5.612 acre tract of land conveyed to Shane Spencer and Crystal Spencer by a deed recorded in Instrument No. 20120727000917890 of the D.R.C.C.T.; THENCE S 09021'52" E, along the east property line of said 3.8505 acre Petersen tract and the west property line of said 5.612 acre Spencer tract, a distance of 23.85 feet to a point for corner; THENCE S 47038'13" W, departing the east property line of said 3.8505 acre Petersen tract and the west property line of said 5.612 acre Spencer tract, a distance of 113.54 feet to a point for corner; THENCE S 17008'06" W, a distance of 202.32 feet to a point for corner, said point being in the south property line of said 3.8505 acre Petersen tract and in the north property line of said 4.7862 acre Ong tract; THENCE N 62"28'30" W, along the south property line of said 3.8505 acre Petersen tract and the north property line of said 4.7862 acre Ong tract and, a distance of 20.33 feet to the POINT OF BEGINNING, said Permanent Sanitary Sewer Easement containing 0.150 acres of land, more or less. Also, a 30 foot Temporary Construction Easement being immediately adjacent to and west of the above described permanent sanitary sewer easement and containing 0.241 acres of land, more or less. Notes: 1. Bearings and distances cited in this field note description are based on the Texas State Plane Coordinate System, NAD-83, Texas North Central Zone 4202. 2. Field surveys concluded on 03/20/2015 3. An Easement Plat of even date herewith accompanies this Field Note Description. Derek B. Chaney, P.E., R.P.L.S. Texas Registration No. 6523 Birkhoff, Hendricks & Carter, L.L.P. TBPLS Firm No. 100318-00 11910 Greenville Ave., Suite 600 Dallas, Texas 75243 Phone: 214-361-79 0 I 1 1� ':;� /'0 sr�y�; DEREK B. CHANEY 6523 P .' aF 0 suR Ey� ,� HAProjectsUma\2014144 Throckmorton Trunk SewerTasement Plats\Descriptions\07-Jon-Laura Jean Petersen Parcel No 7.docx Page I of 2 ROBEK A. JOHNSON SURVEY ABST. NO. 479 �JON PETERSEN LOT 15, WOODLAND MEADOWS JEAN VOL. C, PG. 713 M.R.C.C.T. EXHIBIT "A" SHANE SPENCER & CRYSTAL SPENCER * INST. NO. 20120727000917890 5.612 AC. I TRIBUTARY OF THROCKMORTON MICHAEL & WIFE, LAURA -- PETERSEN N4738'131 INST. NO. 131.98' 19990730000955880 VOL 4469, PG. 2630 I.R.F. 3.8505 AC. 30' 7Fi1i1m"? CONSTRUCTION EASWENT a241 ACRES � IN (fo,490 S.F.) 3/8" I.R.F. N1708'06"E� 204.10' REFERENCE BEARING N58'07'09"W — 574.32' - REFERENCE BEARING N66'33'21 "W — 571.92' DR. YAO CHENG ONG & CHENG ENG ONG LOT 16, WOODLAND MEADOWS VOL. 1515, PG. 12 4.7862 AC. POINT OF , BEGINNING NOTES: 1. BEARINGS AND DISTANCES CITED ON THIS PLAT ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD-83, TEXAS NORTH CENTRAL ZONE 4202. 2. FIELD SURVEYS CONCLUDED ON MARCH 20, " 3. A FIELD NOTE DESCRIPTION OF EVEN DATE s HEREWITH ACCOMPANIES THIS EXHIBIT. Y 20.33' 20' I CREEK ABST. NO. 479 ABST. NO. 839 .5921'52"E el �2385' I EZRA SHELBY SURVEY ABST. NO. 839 S4738'13'W 113.54' � \ • 20' PERMANENT SANITARY SEWER EASEMENT tro8'061W 0.150 AC. ?0232 � R 5,519 S.F. �ROCK��R�flN CREEK o � too R HORIZONTAL SCALE IN FEET 1 SCALE: 1 "=100' DEREK B..CHANEY ............................ -o9 6523 . PY. FEss�oy0� �a ,suRv Page 2 of2 CITY OF AN NA, TEXAS Item No. 11 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: Joseph Johnson Exhibits: Yes AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement (Tract 1) on private property owned by Chris Plumlee and Lisa Plumlee. SUMMARY: The City is working on the design and construction of a new sanitary sewer interceptor line that is necessary to accommodate the current and future growth of our city. In order to construct these improvements, the City will need to acquire an easement across property owned by Chris and Lisa Plumlee. The attached resolution authorizes Staff to negotiate, and, if necessary, initiate the use of eminent domain to acquire the needed sewer easement. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution. A motion to approve the resolution should be made precisely as follows as prescribed by law: "I move that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.155 acres of land, more or less, for a permanent sanitary sewer easement, and 0.226 acres of land, more or less, for a temporary construction easement, said tracts located in the Robert A. Johnson Survey, Abstract No. 479, Collin County, Texas, and described in a deed to Chris Plumlee and Lisa Plumlee, recorded in Instrument Number 20100624000646560 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.155 acres and 0.226 acres being more particularly described by the metes and bounds description as Tract 1 set forth in Exhibit "A" to this resolution, which I incorporate in full into my motion." CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, F THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMA SANITARY SEWER EASEMENT AND A TEMPORARY CONSTRUCTIO EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.155 REAL PROPERTY, MORE OR LESS, AND 0.226 ACRES OF REA MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF AND THE CITY'S ATTORNEYS TO ACQUIRE SAID EASEME I MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, NECESSARY, PROCEEDINGS IN EMINENT DOMAIN-,AAWIN WHEREAS, the City of Anna plans to construct and/or associated facilities to meet the public need t benefit the City of Anna, its citizens and th neral WHEREAS, it is necessary to acquire a and temporary construction easeme n system improvements; and WHEREAS, it is necessary I acquisition of said easements domain; and ES, PER provements to 3nitary sewer easement ity of Anna for such sewer Fuse its authority to pursue negotiations for the ursue the easements under power of eminent WHEREAS, the Council o CFVf Anna, Texas ("City Council"), after careful consideration, fin that a public cessity exists for acquisition of a permanent sanitary sewer easement a tempora construction easement, providing limited rights on and un ac re perty, more or less, and 0.226 acres of real property, mor less, ich is articularly described in Section 2 of this resolution, for the p es of' maintenance, replacement, and/or repair of sewer lines, and bene pub i Ith, safety and welfare; FORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THAT: Incorporation of Recitals; Purpose The City Council finds that the above -stated recitals are true and correct and said recitals are incorporated herein as if set forth in full for all purposes. CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 3 1.02 This resolution is intended to comply in all respects with Texas Government Code § 2206.001, et seq., Texas Local Government Code § 251.001, et seq., and Texas Property Code § 21.001 et seq., to the extent the provisions of such statutes are applicable. The City Council, by this resolution, intends, if necessary, to exercis powers of eminent domain under Texas Local Government Code,§ any and all other applicable statutes. Easements to be Acquired The necessary permanent sanitary sewer easement sought cquire provide limited rights on and under a portion of a d po tots approximately 0.155 acres of real property (the ` nitary S r nt"), held by Chris Plumlee and Lisa Plumlee and/or er roxi ate 0.15 5 acres of real property is generally aligned and de d as Tr 1 in Exhibit A attached to this resolution and incorp fer as if fully set forth for all purposes. The precise anent e m e acquired may differ from what is shown in said al ment and d ription but said alignment and description approximates the g ral route a general area of the permanent sanitary sewer n . The necessary temp constr ion easement sought to be acquired will provide limited rights o d r a portion of a tract, said portion totaling approximately Qjj&cre eal property (the "Temporary Construction Easement")P e and Lisa Plumlee and/or others. Said realWoperty is generally aligned and described as ]c to this resolution and incorporated herein by f for all purposes. The precise temporary easement rom what is shown in said alignment and description description approximates the general route and general construction easement. Finding of Public Necessity and Authorization to Take Action The CWCouncil finds a public necessity for the public welfare and convenience to acquire the Sanitary Sewer Easement and the Temporary Construction Easement identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing sewer lines. T Council authorizes the City Manager, City staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys, and other legal counsel if determined necessary by said attorneys, to acquire the needed CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 3 S r nt"), held by Chris Plumlee and Lisa Plumlee and/or er roxi ate 0.15 realWoperty is generally aligned and described as ]c to this resolution and incorporated herein by f for all purposes. The precise temporary easement rom what is shown in said alignment and description description approximates the general route and general construction easement. Finding of Public Necessity and Authorization to Take Action The CWCouncil finds a public necessity for the public welfare and convenience to acquire the Sanitary Sewer Easement and the Temporary Construction Easement identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing sewer lines. T Council authorizes the City Manager, City staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys, and other legal counsel if determined necessary by said attorneys, to acquire the needed CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 3 Sanitary Sewer Easement and the Temporary Construction Easement by any lawful means including but not limited to negotiations with landowners and, if necessary, proceedings in eminent domain. 3.02 The City Council by this resolution directs the City Manager, his staff, an Tidwell & McCoy, LLP, attorneys and other legal counsel if determine cessary by said attorneys, —as necessary and in the appropriate sequence — Sanitary Sewer Easement and the Temporary Construction Eas nt by a certified appraiser, to send the landowner(s) a copy of t praisa landowner's bill of rights statement, to enter into good -fait gotiati landowner(s), to make a bona -fide offer and make any ne ar al < monetary offers in an attempt to acquire the Sanitary�1yer ent s Temporary Construction Easement consistent appropriate, and to convey the City's desire to Easement and the Temporary Construction Ea and, if necessary, to institute proceedin r necessary actions in such proceedin co Sewer Easement and the Tempora Construc hereby authorizes and ratifies any asserts its full authority, to t e; Sanitary Sewer Easeme in Section 2, above. Effective Date. This resolution s PASSED by the ve the wised W 3V#Ajj&W(e the Sanitary asement. The City Council P thus far, and hereby further ed by law, to acquire the ruction Easement identified y upon its passage. City -of Anna, Texas, this 13t" day of October, 2015. APPROVED: Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 3OF3 Parcel No. 11 7/30/2015 EXHIBIT "A" CITY OF ANNA, TEXAS THROCKMORTON CREEK TRUNK SEWER PERMANENT SANITARY SEWER EASEMENT ACROSS LOT 27, WOODLAND MEADOWS ADDITION Being two tracts of land 20 feet in width for a permanent sanitary sewer easement in the Robert A. Johnson Survey, Abstract No. 479, Collin County, Texas, and being over, under and across Lot 27 of Woodland Meadows, an addition to the City of Anna, recorded in Volume C, Page 713 of the Map Records of Collin County, Texas, said Lot 27 also being a 4.1282 acre tract of land conveyed to Chris Plumlee and Lisa Plumlee by deed recorded in Instrument No. 20100624000646560 of the Deed Records of Collin County, Texas, (D.R.C.C.T.) said 20-foot wide Permanent Sanitary Sewer Easements being more particularly described as follows: TRACT 1 BEGINNING at a point for corner in the north property line of said 4.1282 acre Plumlee tract, said point being in the south property line of Lot 26 of said Woodland Meadows Addition, said Lot 26 also being a 3.6902 acre tract of land conveyed to Hector Bernal and Janice Bernal by deed recorded in Instrument No. 20060703000907110 of the D.R.C.C.T., said point bears N 74°23'57" W, a distance of 13.33 feet from a found 1/2-inch iron rod found with cap, in the north property line of said 4.1282 acre Plumlee tract and the south property line of said 3.6902 acre Bernal tract, said point also bears N 16°46'02" W, a distance of 404.72 feet from a 'T' Post found in the south property line of said 4.1282 acre Plumlee tract; THENCE S 06053'52" E, departing the north property line of said 4.1282 acre Plumlee tract and the south property line of said 3.6902 acre Bernal tract, a distance of 342.07 feet to a point for corner, said point being in the south property line of said 4.1282 acre Plumlee tract and being in the north property line of a tract being part of Lot 28 and 29 of said Woodland Meadows, said part of Lot 28 and 29 also being a 4.999 acre tract of land conveyed to Kerry B. Tubbs and wife Gwendolyn M. Iselt-Tubbs by deed recorded in Instrument No. 20050620000814000 (also recorded in Vol. 5943, Page 1524) of the D.R.C.C.T.; THENCE N 57"39'13" W, along the south property line of said 4.1282 acre Plumlee tract and the north property line of said 4.999 acre Tubbs tract, a distance of 25.82 feet to a point for corner; THENCE N 06053'52" W, departing the south property line of said 4.1282 acre Plumlee tract and the north property line of said 4.999 acre Tubbs tract, a distance of 334.01 feet to a point for a corner, said point being in the north property line of said 4.1282 acre Plumlee tract and being in the south property line of said 3.6902 acre Bernal tract, THENCE S 74023'57" E, along the north property line of said 4.1282 acre Plumlee tract and the south property line of said 3.6902 acre Bernal tract, a distance of 21.65 feet the POINT OF BEGINNING, said Permanent Sanitary Sewer Easement containing 0.155 acres of land, more or less in TRACT 1. Also, a 30 foot Temporary Construction Easement being immediately adjacent to and west of the above described permanent sanitary sewer easement and containing 0.226 acres of land, more or less. HAProjects\Anna\2014144 Throckmorton Trunk Smer\Easement Plats\D=riptions\I I -Chris -Lisa Plumlee Parcel No I Ldocx Page I of 3 Parcel No. 11 7/30/2015 TRACT 2 BEGINNING at a point for corner in the south property line of said 4.1282 acre Plumlee tract, said point being in the north property line of said 4.999 acre Tubbs tract, said point bears S 57°39'13" E, a distance of 11.24 feet from a'T' Post found in the south property line of said 4.1282 acre Plumlee tract and the north line of said 4.999 acre Tubbs tract, said point also bears S 16°13'03" E, a distance of 406.11 feet from a 1/2-inch iron rod found with cap in the north property line of said 4.1282 Plumlee tract and also being in the south property line of said 3.6902 acre Bernal tract; THENCE S 89043'01" E, departing the south property line of said 4.1282 acre Plumlee tract and the north property line of said 4.999 acre Tubbs tract, a distance of 65.63 feet to a point for corner, said point being in the east property line of said 4.1282 acre Plumlee tract and being in the west property line of a 2.236 acre tract of land conveyed to Jack L. Browning and wife Barbara K. Browning by deed recorded in Instrument No. 19991020001290710 of the D.R.C.C.T., said point also being in the center of Throckmorton Creek; THENCE S 1700717" E, along the east property line of said 4.1282 acre Plumlee tract, the west property line of said 2.236 acre Browning tract and the center of Throckmorton Creek, a distance of 20.96 feet to a point for corner at the southwest property corner of said 2.236 acre Browning tract, said point also being the northwest property corner of a 1.781 acre tract of land conveyed to Gerald Ray Davidson by deed recorded in Instrument No. 20020405000502240 of the D.R.C.C.T.; THENCE N 89"43'01" W, departing the east property line of said 4.1282 acre Plumlee tract, a distance of 39.97 feet to a point for corner, said point being in the south line of said 4.1282 acre Plumlee tract and in the north line of said 4.999 acre Tubbs tract; THENCE N 57039'13" W, along the south property line of said 4.1282 acre Plumlee tract and the north property line of said 4.999 acre Tubbs tract, a distance of 37.67 feet the POINT OF BEGINNING, said Permanent Sanitary Sewer Easement containing 0.024 acres of land, more or less in TRACT 2. Also, a variable width Temporary Construction Easement being immediately adjacent to and south of the above described permanent sanitary sewer easement, extending to the southeast corner of said 4.1282 acre Plumlee tract, and containing 0.014 acres of land, more or less. Notes: 1. Bearings and distances cited in this field note description are based on the Texas State Plane Coordinate System, NAD-83, Texas North Central Zone 4202. 2. Field survey last conducted on 03/20/2015. 3. An Easement Plat of even date herewith accompanies this Field Note Description. Derek B. Chaney, P.E., R.P.L.S. Texas Registration No. 6523 Birkhoff, Hendricks & Carter, L.L.P. TBPLS Firm No. 100318-00 11910 Greenville Ave., Suite 600 Dallas, Texas 75243 Phone: 214-361-7900 v 9N ............................. DEREK B. CHANEY `. %--o 6523... v., .. j9,��°�� ssl��P�O� 1 0 SUR4 J HAPrcjects\Anna\2014144 Throckmorton Trunk SewerTasement P1ats\Descriptions\1I-Chris-Lisa Plumlce Parcel No I Ldocx Page 2 of 3 a226 ACRES (9,839 S.F.) ROBERT A. JOHNSON /" PART OF LOTS 28 & 29 SURVEY WOODLAND MEADOWS ADDITION ABST. NO. 479 KERRY B. TUBBS & WIFE, GWENDOLYN M. ISELT TUBBS INST. NO. 20050620000814000 VOL. 5943, PG. 1524 D.R.C.C.T. 4.999 AC. N57'39'13'1IV 25.82' REFERENCE BEARING_ N16'46'02"W - 404.72' REFERENCE BEARING S57'39'13"E - 11.24'— �� POINT OF BEGINNING 2 N57'39'13'W 37.67' TEMPORARY CONSTRUCTION EASEMEM = 0.014 ACRES (623 S.F.) 1 N89'43'OI1W CHRIS PLUMLEE & R LISA PLUMLEE INST. NO. 20100624000646560� D.R.C.C.T. 4.1282 AC. LOT 27 WOODLAND MEADOWS ADDITION VOL. C, PG. 713 M.R.C.C.T. A1PWT'9129u C7 ^' 334.01 ' S6'53'52 "E 342.07'- —'T' POST FND. REFERENCE BEARING S89'43101 "E S16'13'03"E - 40 .11' 65.63� THROCKMORTON CREEK I JACK L. BROWNINGS & WI BARBARA K. BROWNINGS INSTRUMENT NO. 19991020001290710 VOL. 4525, PG. 0583 D.R.C.C.T. NOTES:i 2.236 AC. 1. BEARINGS AND DISTANCES CITED ON THIS PLAT ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD-83, TEXAS NORTH CENTRAL ZONE 4202. 20" TRACT NO. 2 20' PERMANENT SANITARY SEWER EASEMENT ril 1ToT1TE 0.024 AC. (1,056 S.F.) 20.96 GERALD RAY DAVIDSON j INSTRUMENT NO. ] 20020405000502240 D.R.C.C.T. E 1.781 AC. 2. FIELD SURVEYS WERE CONCLUDED ON MARCH 20, 201 3. A FIELD NOTE DESCRIPTION OF EVEN DATE HEREWITH ACCOMPANIES THIS EXHIBIT. DEREK B. CHANEY o� 6523 P� �o S L1 R* 21.65 0 100 HORIZONTAL SCALE IN FEET SCALE: 1 "=100' EXHIBIT "A" LOT 26 WOODLAND MEADOWS ADDITION HECTOR BERNAL & JANICE BERNAL If INST. NO. 20060703000907110 1 r'S7"E D.R.C.C.T. 3.6902 AC. " BEGINNING _REFERENCE BEARING N74'23'57"W - 13.33' 1/2" I.R.F. W/CAP TRACT NO. 1 20' PERMANENT SANITARY SEWER EASEMENT 0.155 AC. (6,761 S.F.) ABST. NO. 479 • ABST. NO. 839 I I I Page 3 of3 CITY OF AN NA, TEXAS Item No. 12 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: Joseph Johnson Exhibits: Yes AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement (Tract 2) on private property owned by Chris Plumlee and Lisa Plumlee. SUMMARY: The City is working on the design and construction of a new sanitary sewer interceptor line that is necessary to accommodate the current and future growth of our city. In order to construct these improvements, the City will need to acquire an easement across property owned by Chris and Lisa Plumlee. The attached resolution authorizes Staff to negotiate, and, if necessary, initiate the use of eminent domain to acquire the needed sewer easement. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution. A motion to approve the resolution should be made precisely as follows as prescribed by law: "I move that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.024 acres of land, more or less, for a permanent sanitary sewer easement, and 0.014 acres of land, more or less, for a temporary construction easement, said tracts located in the Robert A. Johnson Survey, Abstract No. 479, Collin County, Texas, and described in a deed to Chris Plumlee and Lisa Plumlee, recorded in Instrument Number 20100624000646560 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.024 acres and 0.014 acres being more particularly described by the metes and bounds description as Tract 2 set forth in Exhibit "A" to this resolution, which I incorporate in full into my motion." CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, F THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMA SANITARY SEWER EASEMENT AND A TEMPORARY CONSTRUCTIO EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.024 REAL PROPERTY, MORE OR LESS, AND 0.014 ACRES OF REA MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF AND THE CITY'S ATTORNEYS TO ACQUIRE SAID EASEME I MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, NECESSARY, PROCEEDINGS IN EMINENT DOMAIN-,AAWIN WHEREAS, the City of Anna plans to construct and/or associated facilities to meet the public need t benefit the City of Anna, its citizens and th neral WHEREAS, it is necessary to acquire a and temporary construction easeme n system improvements; and WHEREAS, it is necessary I acquisition of said easements domain; and ES, PER provements to 3nitary sewer easement ity of Anna for such sewer Fuse its authority to pursue negotiations for the ursue the easements under power of eminent WHEREAS, the Council o CFVf Anna, Texas ("City Council"), after careful consideration, fin that a public cessity exists for acquisition of a permanent sanitary sewer easement a tempora construction easement, providing limited rights on and un ac re perty, more or less, and 0.014 acres of real property, mor less, ich is articularly described in Section 2 of this resolution, for the p es of' maintenance, replacement, and/or repair of sewer lines, and bene pub i Ith, safety and welfare; FORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THAT: Incorporation of Recitals; Purpose The City Council finds that the above -stated recitals are true and correct and said recitals are incorporated herein as if set forth in full for all purposes. CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 3 1.02 This resolution is intended to comply in all respects with Texas Government Code § 2206.001, et seq., Texas Local Government Code § 251.001, et seq., and Texas Property Code § 21.001 et seq., to the extent the provisions of such statutes are applicable. The City Council, by this resolution, intends, if necessary, to exercis powers of eminent domain under Texas Local Government Code,§ any and all other applicable statutes. Easements to be Acquired The necessary permanent sanitary sewer easement sought cquire provide limited rights on and under a portion of a d po tots approximately 0.024 acres of real property (the ` nitary S r nt"), held by Chris Plumlee and Lisa Plumlee and/or er roxi ate 0.02 4 acres of real property is generally aligned and de d as Tr 2 in Exhibit A attached to this resolution and incorp fer as if fully set forth for all purposes. The precise anent e m e acquired may differ from what is shown in said al ment and d ription but said alignment and description approximates the g ral route a general area of the permanent sanitary sewer n . The necessary temp constr ion easement sought to be acquired will provide limited rights o d r a portion of a tract, said portion totaling approximately QjjQcre eal property (the "Temporary Construction Easement")P e and Lisa Plumlee and/or others. Said acre realWoperty is generally aligned and described as at,__ to this resolution and incorporated herein by iset f for all purposes. The precise temporary easement to what is shown in said alignment and description but scription approximates the general route and general area nstruction easement. Finding of Public Necessity and Authorization to Take Action The CWCouncil finds a public necessity for the public welfare and convenience to acquire the Sanitary Sewer Easement and the Temporary Construction Easement identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing sewer lines. T Council authorizes the City Manager, City staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys, and other legal counsel if determined necessary by said attorneys, to acquire the needed CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 3 S r nt"), held by Chris Plumlee and Lisa Plumlee and/or er roxi ate 0.02 acre realWoperty is generally aligned and described as at,__ to this resolution and incorporated herein by iset f for all purposes. The precise temporary easement to what is shown in said alignment and description but scription approximates the general route and general area nstruction easement. Finding of Public Necessity and Authorization to Take Action The CWCouncil finds a public necessity for the public welfare and convenience to acquire the Sanitary Sewer Easement and the Temporary Construction Easement identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing sewer lines. T Council authorizes the City Manager, City staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys, and other legal counsel if determined necessary by said attorneys, to acquire the needed CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 3 Sanitary Sewer Easement and the Temporary Construction Easement by any lawful means including but not limited to negotiations with landowners and, if necessary, proceedings in eminent domain. 3.02 The City Council by this resolution directs the City Manager, his staff, an Tidwell & McCoy, LLP, attorneys and other legal counsel if determine cessary by said attorneys, —as necessary and in the appropriate sequence — Sanitary Sewer Easement and the Temporary Construction Eas nt by a certified appraiser, to send the landowner(s) a copy of t praisa landowner's bill of rights statement, to enter into good -fait gotiati landowner(s), to make a bona -fide offer and make any ne ar al < monetary offers in an attempt to acquire the Sanitary�1yer ent s Temporary Construction Easement consistent appropriate, and to convey the City's desire to Easement and the Temporary Construction Ea and, if necessary, to institute proceedin r necessary actions in such proceedin co Sewer Easement and the Tempora Construc hereby authorizes and ratifies any asserts its full authority, to t e; Sanitary Sewer Easeme in Section 2, above. Effective Date. This resolution s PASSED by the ve the wised W 3V#Ajj&W(e the Sanitary asement. The City Council P thus far, and hereby further ed by law, to acquire the ruction Easement identified y upon its passage. City -of Anna, Texas, this 13t" day of October, 2015. APPROVED: Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 3OF3 Parcel No. 11 7/30/2015 EXHIBIT "A" CITY OF ANNA, TEXAS THROCKMORTON CREEK TRUNK SEWER PERMANENT SANITARY SEWER EASEMENT ACROSS LOT 27, WOODLAND MEADOWS ADDITION Being two tracts of land 20 feet in width for a permanent sanitary sewer easement in the Robert A. Johnson Survey, Abstract No. 479, Collin County, Texas, and being over, under and across Lot 27 of Woodland Meadows, an addition to the City of Anna, recorded in Volume C, Page 713 of the Map Records of Collin County, Texas, said Lot 27 also being a 4.1282 acre tract of land conveyed to Chris Plumlee and Lisa Plumlee by deed recorded in Instrument No. 20100624000646560 of the Deed Records of Collin County, Texas, (D.R.C.C.T.) said 20-foot wide Permanent Sanitary Sewer Easements being more particularly described as follows: TRACT 1 BEGINNING at a point for corner in the north property line of said 4.1282 acre Plumlee tract, said point being in the south property line of Lot 26 of said Woodland Meadows Addition, said Lot 26 also being a 3.6902 acre tract of land conveyed to Hector Bernal and Janice Bernal by deed recorded in Instrument No. 20060703000907110 of the D.R.C.C.T., said point bears N 74°23'57" W, a distance of 13.33 feet from a found 1/2-inch iron rod found with cap, in the north property line of said 4.1282 acre Plumlee tract and the south property line of said 3.6902 acre Bernal tract, said point also bears N 16°46'02" W, a distance of 404.72 feet from a 'T' Post found in the south property line of said 4.1282 acre Plumlee tract; THENCE S 06053'52" E, departing the north property line of said 4.1282 acre Plumlee tract and the south property line of said 3.6902 acre Bernal tract, a distance of 342.07 feet to a point for corner, said point being in the south property line of said 4.1282 acre Plumlee tract and being in the north property line of a tract being part of Lot 28 and 29 of said Woodland Meadows, said part of Lot 28 and 29 also being a 4.999 acre tract of land conveyed to Kerry B. Tubbs and wife Gwendolyn M. Iselt-Tubbs by deed recorded in Instrument No. 20050620000814000 (also recorded in Vol. 5943, Page 1524) of the D.R.C.C.T.; THENCE N 57"39'13" W, along the south property line of said 4.1282 acre Plumlee tract and the north property line of said 4.999 acre Tubbs tract, a distance of 25.82 feet to a point for corner; THENCE N 06053'52" W, departing the south property line of said 4.1282 acre Plumlee tract and the north property line of said 4.999 acre Tubbs tract, a distance of 334.01 feet to a point for a corner, said point being in the north property line of said 4.1282 acre Plumlee tract and being in the south property line of said 3.6902 acre Bernal tract, THENCE S 74023'57" E, along the north property line of said 4.1282 acre Plumlee tract and the south property line of said 3.6902 acre Bernal tract, a distance of 21.65 feet the POINT OF BEGINNING, said Permanent Sanitary Sewer Easement containing 0.155 acres of land, more or less in TRACT 1. Also, a 30 foot Temporary Construction Easement being immediately adjacent to and west of the above described permanent sanitary sewer easement and containing 0.226 acres of land, more or less. HAProjects\Anna\2014144 Throckmorton Trunk Smer\Easement Plats\D=riptions\I I -Chris -Lisa Plumlee Parcel No I Ldocx Page I of 3 Parcel No. 11 7/30/2015 TRACT 2 BEGINNING at a point for corner in the south property line of said 4.1282 acre Plumlee tract, said point being in the north property line of said 4.999 acre Tubbs tract, said point bears S 57°39'13" E, a distance of 11.24 feet from a'T' Post found in the south property line of said 4.1282 acre Plumlee tract and the north line of said 4.999 acre Tubbs tract, said point also bears S 16°13'03" E, a distance of 406.11 feet from a 1/2-inch iron rod found with cap in the north property line of said 4.1282 Plumlee tract and also being in the south property line of said 3.6902 acre Bernal tract; THENCE S 89043'01" E, departing the south property line of said 4.1282 acre Plumlee tract and the north property line of said 4.999 acre Tubbs tract, a distance of 65.63 feet to a point for corner, said point being in the east property line of said 4.1282 acre Plumlee tract and being in the west property line of a 2.236 acre tract of land conveyed to Jack L. Browning and wife Barbara K. Browning by deed recorded in Instrument No. 19991020001290710 of the D.R.C.C.T., said point also being in the center of Throckmorton Creek; THENCE S 1700717" E, along the east property line of said 4.1282 acre Plumlee tract, the west property line of said 2.236 acre Browning tract and the center of Throckmorton Creek, a distance of 20.96 feet to a point for corner at the southwest property corner of said 2.236 acre Browning tract, said point also being the northwest property corner of a 1.781 acre tract of land conveyed to Gerald Ray Davidson by deed recorded in Instrument No. 20020405000502240 of the D.R.C.C.T.; THENCE N 89"43'01" W, departing the east property line of said 4.1282 acre Plumlee tract, a distance of 39.97 feet to a point for corner, said point being in the south line of said 4.1282 acre Plumlee tract and in the north line of said 4.999 acre Tubbs tract; THENCE N 57039'13" W, along the south property line of said 4.1282 acre Plumlee tract and the north property line of said 4.999 acre Tubbs tract, a distance of 37.67 feet the POINT OF BEGINNING, said Permanent Sanitary Sewer Easement containing 0.024 acres of land, more or less in TRACT 2. Also, a variable width Temporary Construction Easement being immediately adjacent to and south of the above described permanent sanitary sewer easement, extending to the southeast corner of said 4.1282 acre Plumlee tract, and containing 0.014 acres of land, more or less. Notes: 1. Bearings and distances cited in this field note description are based on the Texas State Plane Coordinate System, NAD-83, Texas North Central Zone 4202. 2. Field survey last conducted on 03/20/2015. 3. An Easement Plat of even date herewith accompanies this Field Note Description. Derek B. Chaney, P.E., R.P.L.S. Texas Registration No. 6523 Birkhoff, Hendricks & Carter, L.L.P. TBPLS Firm No. 100318-00 11910 Greenville Ave., Suite 600 Dallas, Texas 75243 Phone: 214-361-7900 v 9N ............................. DEREK B. CHANEY `. %--o 6523... v., .. j9,��°�� ssl��P�O� 1 0 SUR4 J HAPrcjects\Anna\2014144 Throckmorton Trunk SewerTasement P1ats\Descriptions\1I-Chris-Lisa Plumlce Parcel No I Ldocx Page 2 of 3 a226 ACRES (9,839 S.F.) ROBERT A. JOHNSON /" PART OF LOTS 28 & 29 SURVEY WOODLAND MEADOWS ADDITION ABST. NO. 479 KERRY B. TUBBS & WIFE, GWENDOLYN M. ISELT TUBBS INST. NO. 20050620000814000 VOL. 5943, PG. 1524 D.R.C.C.T. 4.999 AC. N57'39'13'1IV 25.82' REFERENCE BEARING_ N16'46'02"W - 404.72' REFERENCE BEARING S57'39'13"E - 11.24'— �� POINT OF BEGINNING 2 N57'39'13'W 37.67' TEMPORARY CONSTRUCTION EASEMEM = 0.014 ACRES (623 S.F.) 1 N89'43'OI1W CHRIS PLUMLEE & R LISA PLUMLEE INST. NO. 20100624000646560� D.R.C.C.T. 4.1282 AC. LOT 27 WOODLAND MEADOWS ADDITION VOL. C, PG. 713 M.R.C.C.T. A1PWT'9129u C7 ^' 334.01 ' S6'53'52 "E 342.07'- —'T' POST FND. REFERENCE BEARING S89'43101 "E S16'13'03"E - 40 .11' 65.63� THROCKMORTON CREEK I JACK L. BROWNINGS & WI BARBARA K. BROWNINGS INSTRUMENT NO. 19991020001290710 VOL. 4525, PG. 0583 D.R.C.C.T. NOTES:i 2.236 AC. 1. BEARINGS AND DISTANCES CITED ON THIS PLAT ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD-83, TEXAS NORTH CENTRAL ZONE 4202. 20" TRACT NO. 2 20' PERMANENT SANITARY SEWER EASEMENT ril 1ToT1TE 0.024 AC. (1,056 S.F.) 20.96 GERALD RAY DAVIDSON j INSTRUMENT NO. ] 20020405000502240 D.R.C.C.T. E 1.781 AC. 2. FIELD SURVEYS WERE CONCLUDED ON MARCH 20, 201 3. A FIELD NOTE DESCRIPTION OF EVEN DATE HEREWITH ACCOMPANIES THIS EXHIBIT. DEREK B. CHANEY o� 6523 P� �o S L1 R* 21.65 0 100 HORIZONTAL SCALE IN FEET SCALE: 1 "=100' EXHIBIT "A" LOT 26 WOODLAND MEADOWS ADDITION HECTOR BERNAL & JANICE BERNAL If INST. NO. 20060703000907110 1 r'S7"E D.R.C.C.T. 3.6902 AC. " BEGINNING _REFERENCE BEARING N74'23'57"W - 13.33' 1/2" I.R.F. W/CAP TRACT NO. 1 20' PERMANENT SANITARY SEWER EASEMENT 0.155 AC. (6,761 S.F.) ABST. NO. 479 • ABST. NO. 839 I I I Page 3 of3 CITY OF AN NA, TEXAS Item No. 13 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: Joseph Johnson Exhibits: Yes AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Shane Spencer and Crystal Spencer. SUMMARY: The City is working on the design and construction of a new sanitary sewer interceptor line that is necessary to accommodate the current and future growth of our city. In order to construct these improvements, the City will need to acquire an easement across property owned by Shane and Crystal Spencer. The attached resolution authorizes Staff to negotiate, and, if necessary, initiate the use of eminent domain to acquire the needed sewer easement. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution. A motion to approve the resolution should be made precisely as follows as prescribed by law: "I move that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.151 acres of land, more or less, for a permanent sanitary sewer easement, and 0.213 acres of land, more or less, for a temporary construction easement, said tracts located in the Robert A. Johnson Survey, Abstract No. 479, and the Ezra Shelby Survey, Abstract No. 839, Collin County, Texas, and described in a deed to Shane Spencer and Crystal Spencer, recorded in Instrument Number 20120727000917890 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.151 acres and 0.213 acres being more particularly described by the metes and bounds description set forth in Exhibit "A" to this resolution, which I incorporate in full into my motion." CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, F THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMA SANITARY SEWER EASEMENT AND A TEMPORARY CONSTRUCTIO EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.151 REAL PROPERTY, MORE OR LESS, AND 0.213 ACRES OF REA MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF AND THE CITY'S ATTORNEYS TO ACQUIRE SAID EASEME MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, NECESSARY, PROCEEDINGS IN EMINENT DOMAINJJIWINC WHEREAS, the City of Anna plans to construct and/or associated facilities to meet the public need t benefit the City of Anna, its citizens and th neral WHEREAS, it is necessary to acquire a and temporary construction easeme n system improvements; and WHEREAS, it is necessary I acquisition of said easements domain; and ES, PER provements to 3nitary sewer easement ity of Anna for such sewer Fuse its authority to pursue negotiations for the ursue the easements under power of eminent WHEREAS, the Council o CFVf Anna, Texas ("City Council"), after careful consideration, fin that a public cessity exists for acquisition of a permanent sanitary sewer easement a tempora construction easement, providing limited rights on and un ac re perty, more or less, and 0.213 acres of real property, mor less, ich is articularly described in Section 2 of this resolution, for the p es of' maintenance, replacement, and/or repair of sewer lines, and bene pub i Ith, safety and welfare; FORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THAT: Incorporation of Recitals; Purpose The City Council finds that the above -stated recitals are true and correct and said recitals are incorporated herein as if set forth in full for all purposes. CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 3 1.02 This resolution is intended to comply in all respects with Texas Government Code § 2206.001, et seq., Texas Local Government Code § 251.001, et seq., and Texas Property Code § 21.001 et seq., to the extent the provisions of such statutes are applicable. The City Council, by this resolution, intends, if necessary, to exercis powers of eminent domain under Texas Local Government Code,§ any and all other applicable statutes. Easements to be Acquired The necessary permanent sanitary sewer easement sought cquire provide limited rights on and under a portion of a , 'd po tota ' approximately 0.151 acres of real property (the ` nitary S r nt"), held by Shane Spencer and Crystal Spencer a r ap roximatE 0.151 acres of real property is generally aligned scribe Exhibit A, attached to this resolution and incorp n by fer as if fully set forth for all purposes. The precise anent e m e acquired may differ from what is shown in said al ment and d ription but said alignment and description approximates the g ral route a general area of the permanent sanitary seweArdo%kn . The necessary temp constr ion easement sought to be acquired will provide limited rights o d r a portion of a tract, said portion totaling approximately cre eal property (the "Temporary Construction Easement") e cer and Crystal Spencer and/or others. Said approxim 0.213 acre rea operty is generally aligned and described in Exhibit A, ached to this solution and incorporated herein by reference as if It r1� r all purp s. The precise temporary easement to be acquired fro own in said alignment and description but said and de ion approximates the general route and general area of struction easement. Finding of Public Necessity and Authorization to Take Action The CWCouncil finds a public necessity for the public welfare and convenience to acquire the Sanitary Sewer Easement and the Temporary Construction Easement identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing sewer lines. T Council authorizes the City Manager, City staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys, and other legal counsel if determined necessary by said attorneys, to acquire the needed CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 3 Sanitary Sewer Easement and the Temporary Construction Easement by any lawful means including but not limited to negotiations with landowners and, if necessary, proceedings in eminent domain. 3.02 The City Council by this resolution directs the City Manager, his staff, an Tidwell & McCoy, LLP, attorneys and other legal counsel if determine by said attorneys, —as necessary and in the appropriate sequen Sanitary Sewer Easement and the Temporary Construction Eas by a certified appraiser, to send the landowner(s) a copy of t landowner's bill of rights statement, to enter into good -fait got landowner(s), to make a bona -fide offer and make any ne ar,. monetary offers in an attempt to acquire the Sanitary�,LNer Temporary Construction Easement consistent appropriate, and to convey the City's desire to Easement and the Temporary Construction Ea and, if necessary, to institute proceedin r necessary actions in such proceedin co Sewer Easement and the Tempora Construc hereby authorizes and ratifies any asserts its full authority, to t e; Sanitary Sewer Easeme in Section 2, above. Effective Date. This resolution s PASSED by the ssary the lised W 3V#Ajj&W(e the Sanitary asement. The City Council P thus far, and hereby further ed by law, to acquire the ruction Easement identified y upon its passage. City -of Anna, Texas, this 13t" day of October, 2015. APPROVED: Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 3OF3 Parcel No. 6 09/ 1 /2015 CITY OF ANNA, TEXAS THROCKMORTON CREEK TRUNK SEWER PERMANENT SANITARY SEWER EASEMENT ACROSS THE PROPERTY OF SHANE SPENCER AND CRYSTAL SPENCER Being a strip of land 20 feet in width for a permanent sanitary sewer easement in the Robert A. Johnson Survey, Abstract No. 479 and the Ezra Shelby Survey, Abstract No. 839, both of Collin County, Texas, and being over, under and across a 5.612 acre tract of land conveyed to Shane Spencer and Crystal Spencer by deed recorded in Instrument No. 20120727000917890 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 20-foot wide Permanent Sanitary Sewer Easement being more particularly described as follows: BEGINNING at a point for corner in the north property line of said Spencer tract, said point being in the south property line of a 4.192 acre tract of land conveyed to Gary K. Verner and wife Ronna Walker Verner by deed recorded in Instrument No. 19971124001000720 of the D.R.C.C.T., said point bears S 50032'42" E, a distance of 454.12 feet from a 1/2-inch iron rod found at the northwest property corner of said Spencer tract and the southwest corner of said Verner tract, said iron rod also being on the right-of-way line of Conway Road Cul-de-Sac, said point of beginning also bears S 45'18'47" E, a distance of 469.40 feet from a 1-inch iron pipe found at the northwest corner of said Verner tract and in the right-of-way line of Conway Road Cul-de-Sac; THENCE S 50032'42" E, along the north property line of said Spencer tract and along the south property line of said Verner tract, a distance of 20.15 feet to a point for corner; THENCE S 3203 F32" W, departing said Spencer tract north line, a distance of 160.38 feet to a point for a corner; THENCE S 47038'13" W, a distance of 175.72 feet to a point for corner, said point being in the west property line of said Spencer tract and in the east property line of a 3.8505 acre tract of land conveyed to John Michael Petersen and wife Laura Jean Petersen by deed recorded in Instrument Number 19990730000955880 (also recorded in Volume 4465, Page 2630) of the D.R.C.C.T.; THENCE N 09021'52" W, along the west property line of said Spencer tract and the east property line of said Petersen tract, a distance of 23.85 feet to a point for corner; THENCE N 47038'13" E, departing the west property line of said Spencer tract and the east property line of said Petersen tract, a distance of 160.08 feet to a point for corner; THENCE N 32031'32" E, a distance of 160.16 feet to the POINT OF BEGINNING, said Permanent Sanitary Sewer Easement containing 0.151 acres of land, more or less. Also, a 30 foot Temporary Construction Easement being immediately adjacent to and west of the above described permanent sanitary sewer easement and containing 0.213 acres of land, more or less. Notes: 1. Bearings and distances cited in this field note description are based on the Texas State Plane Coordinate System, NAD-83, Texas North Central Zone 4202. 2. Field surveys concluded on 03/20/2015. 3. An Easement Plat of even date herewith accompanies this Field Note Description. Derek B. Chaney, P.E., R.P.L.S. Texas Registration No. 6523 Birkhoff, Hendricks & Carter, L.L.P. TBPLS Firm No. 100318-00 11910 Greenville Ave., Suite 600 Dallas, Texas 75243 Phone: 214-361-790Q �;isST r�R� DEREK B. CHANEY ............................. • .0 6.523 • �0P Qt.P..��' Q H:\ProjectsWnna\2014144 Throckmorton Trunk Sewer\Ea ement Plats\Descriptions\06-Shane-Crystal Spencer Parcel No 6.docx Page I Of 2 FE Ix 0 i 8 cn f ' CONWAY 1 " IRON PIPE FND. ROAD GARY K. VERNER EXHIBIT "A" / &WIFE, RONNA j " v% WALKER VERNER / 1 /2 I.R.F. !� INSTRUMENT NO. 19971124001000720 / \ D.R.C.C.T. \ TRACT 1 SHANE SPENCER & \ REFERENCE BEARING 4.192 AC. CRYSTAL SPENCER S45'18'47"E - 469.40' ROBERT A. JOHNSON SU INST. NO. \ \ ABST. NCO. Y. 20120727000917890 \ POINT OF 5.612 AC. �� � BEGINNING REFERENCE BEARING \ a \ S50'32'42"E - 454.12' S50132142 E 1 20.15' / N32'31 '32E ( 160.16, 3O' TEMPORARY s32-3132w 20' PERMANENT CONSTRUCTION F.A.SEMENT 160..38' a213 ACRES �, SANITARY SEWER (9,297 SF.) EASEMENT _ I 0.151 AC. _ N4T38'13E / (6,564 S. F — _ 160.08' ABST. NO. 479 TRIBUTARY OF THROCKMORTON S47*J8'13w ABST. N0. 839 JON MICHAEL PETERSEN CREEK 175.72' r 0 1G0 & WIFE, I LAURA JEAN PETERSEN N921'52w EZRA SHELBY SURVEY HORIZONTAL SCALE IN FEET INSTRUMENT NO. 23.85' ABST. NO. 839 SCALE: 1"=100' 19990730000955880 I (VOL. 4465, PG. 2630) 3.8505 AC. I PARCEL NO. 6 NOTES: (..O...,FL CITY OF ANNA, TEXAS Q' '�yISTE • -7 1. BEARINGS AND DISTANCES CITED ON THIS PLAT ARE � ;¢ti �Rfia.y� BASED ON THE TEXAS STATE PLANE COORDINATE = SHANE SPENCER & CRYSTAL SPENCER SYSTEM, NAD-83, TEXAS NORTH CENTRAL ZONE 42q DEREK 8� CiiA�VEY 2. FIELD SURVEYS CONCLUDED ON MARCH 20, 2015.................................Bs23 PERMANENT SANITARY SEWER EASEMENT r `• C�� 9�jr''• �551. • -1� BIRKHOFF HENDRICKS & CARTER L.L.P. 3. A FIELD NOTE DESCRIPTION OF EVEN DATE HEREWITH �SuVE PROFESSIONAL ENGINEERS August ACCOMPANIES THIS EXHIBIT. TBPE Firm No. 526; TBPLS Firm No. 10031800 2015 11910 Greenville Ave., Suite 600 Dallas, Texas 75243 (214) 361-7900 Page 2 of CITY OF AN NA, TEXAS Item No. 14 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: Joseph Johnson Exhibits: Yes AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Kerry B. Tubbs and Gwendolyn M. Iselt-Tubbs. SUMMARY: The City is working on the design and construction of a new sanitary sewer interceptor line that is necessary to accommodate the current and future growth of our city. In order to construct these improvements, the City will need to acquire an easement across property owned by Kerry Tubbs and Gwendolyn Iselt-Tubbs. The attached resolution authorizes Staff to negotiate, and, if necessary, initiate the use of eminent domain to acquire the needed sewer easement. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution. A motion to approve the resolution should be made precisely as follows as prescribed by law: "I move that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.064 acres of land, more or less, for a permanent sanitary sewer easement, and 0.166 acres of land, more or less, for a temporary construction easement, said tracts located in the Robert A. Johnson Survey, Abstract No. 479, Collin County, Texas, and described in a deed to Kerry B. Tubbs and wife Gwendolyn M. Iselt-Tubbs, recorded in Instrument Number 20050620000814000 (also recorded in Vol. 5943, Page 1524) of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.064 acres and 0.166 acres being more particularly described by the metes and bounds description set forth in Exhibit "A" to this resolution, which I incorporate in full into my motion." CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, F THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMA SANITARY SEWER EASEMENT AND A TEMPORARY CONSTRUCTIO EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.064 REAL PROPERTY, MORE OR LESS, AND 0.166 ACRES OF REA MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF AND THE CITY'S ATTORNEYS TO ACQUIRE SAID EASEME I MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, NECESSARY, PROCEEDINGS IN EMINENT DOMAIN-,AAWIN WHEREAS, the City of Anna plans to construct and/or associated facilities to meet the public need t benefit the City of Anna, its citizens and th neral WHEREAS, it is necessary to acquire a and temporary construction easeme n system improvements; and WHEREAS, it is necessary I acquisition of said easements domain; and ES, PER provements to 3nitary sewer easement ity of Anna for such sewer Fuse its authority to pursue negotiations for the ursue the easements under power of eminent WHEREAS, the Council o CFVf Anna, Texas ("City Council"), after careful consideration, fin that a public cessity exists for acquisition of a permanent sanitary sewer easement a tempora construction easement, providing limited rights on and un ac re perty, more or less, and 0.166 acres of real property, mor less, ich is articularly described in Section 2 of this resolution, for the p es of' maintenance, replacement, and/or repair of sewer lines, and bene pub i Ith, safety and welfare; FORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THAT: Incorporation of Recitals; Purpose The City Council finds that the above -stated recitals are true and correct and said recitals are incorporated herein as if set forth in full for all purposes. CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 3 1.02 This resolution is intended to comply in all respects with Texas Government Code § 2206.001, et seq., Texas Local Government Code § 251.001, et seq., and Texas Property Code § 21.001 et seq., to the extent the provisions of such statutes are applicable. 'AM The City Council, by this resolution, intends, if necessary, to exercis powers of eminent domain under Texas Local Government Code,§ any and all other applicable statutes. Easements to be Acquired The necessary permanent sanitary sewer easement sought cquire d provide limited rights on and under a portion of a po total' approximately 0.064 acres of real property (the ` nitary S r nt"), held by Kerry B. Tubbs and wife Gwendolyn M. It- rot ers. Sai approximate 0.064 acres of real property is gene igned described in Exhibit A, attached to this resolution ated erei reference as if fully set forth for all purposes. The cise per n ent to be acquire may differ from what is shown ins alignment a description but said alignment and description approxi s the gene route and general area of the permanent sanitary se e The necessary temp constr ion easement sought to be acquired will d provide limited rights o d r a portion of a tract, said portion totaling approximately cre eal property (the "Temporary Construction Easement") B. bs and wife Gwendolyn M. Iselt-Tubbs and/or others. S approxima 16 res of real property is generally aligned and described Exhibit A, att hed to this resolution and incorporated herein by refe ce fully seef for all purposes. The precise temporary easement uire m what is shown in said alignment and description ut sai lignmen ription approximates the general route and general area rary construction easement. Finding of Public Necessity and Authorization to Take Action The C'WCouncil finds a public necessity for the public welfare and convenience to acquire the Sanitary Sewer Easement and the Temporary Construction Easement identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing sewer lines. T Council authorizes the City Manager, City staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys, and other legal counsel if determined necessary by said attorneys, to acquire the needed CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 3 Sanitary Sewer Easement and the Temporary Construction Easement by any lawful means including but not limited to negotiations with landowners and, if necessary, proceedings in eminent domain. 3.02 The City Council by this resolution directs the City Manager, his staff, an Tidwell & McCoy, LLP, attorneys and other legal counsel if determine cessary by said attorneys, —as necessary and in the appropriate sequence — Sanitary Sewer Easement and the Temporary Construction Eas nt by a certified appraiser, to send the landowner(s) a copy of t praisa landowner's bill of rights statement, to enter into good -fait gotiati landowner(s), to make a bona -fide offer and make any ne ar al < monetary offers in an attempt to acquire the Sanitary�1yer ent s Temporary Construction Easement consistent appropriate, and to convey the City's desire to Easement and the Temporary Construction Ea and, if necessary, to institute proceedin r necessary actions in such proceedin co Sewer Easement and the Tempora Construc hereby authorizes and ratifies any asserts its full authority, to t e; Sanitary Sewer Easeme in Section 2, above. Effective Date. This resolution s PASSED by the ve the wised W 3V#Ajj&W(e the Sanitary asement. The City Council P thus far, and hereby further ed by law, to acquire the ruction Easement identified y upon its passage. City -of Anna, Texas, this 13t" day of October, 2015. APPROVED: Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 3OF3 Parcel No. 12 5/12/2015 EXHIBIT "A" CITY OF ANNA, TEXAS THROCKMORTON CREEK TRUNK SEWER PERMANENT SANITARY SEWER EASEMENT ACROSS PART OF LOTS 28 & 29, WOODLAND MEADOWS ADDITION Being a strip of land 20 feet in width for a permanent sanitary sewer easement in the Robert A. Johnson Survey, Abstract No. 479, Collin County, Texas, and being over, under and across part of Lots 28 and 29 of Woodland Meadows, an addition to the City of Anna, recorded in Volume C, Page 713 of the Map Records of Collin County, Texas, and being a 4.999 acre tract of land conveyed to Kerry B. Tubbs and wife Gwendolyn M. Iselt-Tubbs by deed recorded in Instrument No. 20050620000814000 (also recorded in Vol. 5943, Page 1524) of the Deed Records of Collin County, Texas, (D.R.C.C.T.) said 20-foot wide Permanent Sanitary Sewer Easement being more particularly described as follows: BEGINNING at a point for corner in the north property line of said 5.00 acre Tubbs tract, said point being in the south property line of Lot 27, said Woodland Meadows Addition, said Lot 27 also being a 4.1282 acre tract of land conveyed to Christ Plumlle and Lisa Plumlle by deed recorded in Instrument No. 20100624000646560 of the D.R.C.C.T., said point bears S 57°39'13" E, a distance of 48.92 feet from a 'T' post found, in the north property line of said 4.999 acre Tubbs tract and in the south property line of said 4.1282 acre Plumlle tract, said point also bears S 19°30'10" E, a distance of 435.07 feet from a 1/2-inch iron rod found with cap in the north property line of said 4.1282 acre Plumlle tract; THENCE N 89043'01" W, departing the north property line of said 4.999 acre Tubbs tract and the south property line of said 4.1282 acre Plumlle tract, a distance of 37.67 feet to a point for corner; THENCE N 57039'13" W, a distance of 116.05 feet to a point for a corner, THENCE N 06053'52" W, a distance of 25.82 feet to a point for corner, said point being in the north property line of said 4.999 acre Tubbs tract and in the south line of said 4.1282 acre Plumlle tract; THENCE S 57"39'13" E, along the north property line of said 5.00 acre Tubbs tract and the south line of said 4.1282 acre Plumlle tract, at a distance of 115.40 feet passing said 'T' post found, continuing in all a distance of 164.32 feet to the POINT OF BEGINNING, said Permanent Sanitary Sewer Easement containing 0.064 acres of land, more or less. Also, a 30 foot Temporary Construction Easement being immediately adjacent to the southern legs of the above described penmanent sanitary sewer easement and containing 0.166 acres of land, more or less. Notes: 1. Bearings and distances cited in this field note description are based on the Texas State Plane Coordinate System, NAD-83, Texas North Central Zone 4202. 2. Field survey last conducted on 03/20/2015. 3. An Easement Plat of even date herewith accompanies this Field Note Description. Derek B. Chaney, P.E., R.P.L.S. Texas Registration No. 6523 PtioXST�, +9� Birkhoff, Hendricks & Carter, L.L.P. TBPLS Firm No. 100318-00 "DERE K "' B. . CHAN"""EY DERE ........................... 11910 Greenville Ave., Suite 600 q 6523 Dallas, Texas 75243 �y' 00 - 0� Phone: 214-361-7900 �� S U Rv�� }lAProjects\Anna\2014144 Throcktnoton Trunk SewerTasement Plats\Descriptions\12-KetTY-Gwendolyn Tubbs Parcel No 12.docx Page 1 Of 2 LOT 27 �j WOODLAND MEADOWS ADDITION CHRIST PLUMLLE & nn \ LISA PLUMLLE, OOS v \ INST. NO. Y'Y � 20100624000646560 nA 4.1282 AC. N \ S5T39'13"E U. 1 .0 � % ��/ `, N6'53'527V \ 999 •C�► • �► �� 25.82' PART OF LOTS 28 & 29 WOODLAND MEADOWS ADDITION \ VOL. C, PG. 713 M.R.C.C.T. R ROBERT A. JOHNSON SURVEY vv•v0.166 ACRES \ � ABST. N0. 479 7,212 S.F. 20' PERMANENT SANITARY SEWER EASEMENT 0.064 AC. 0 100 (2,804 S.F.) HORIZONTAL SCALE IN FEET SCALE: 1 "=100' NOTES: 1 1. BEARINGS AND DISTANCES CITED ON THIS PLAT ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD-83, TEXAS NORTH CENTRAL ZONE 420 2. FIELD SURVEYS WERE CONCLUDED ON MARCH 20, 2015. cc? 3. A FIELD NOTE DESCRIPTION OF EVEN DATE HEREWITH ACCOMPANIES THIS EXHIBIT. \ 4. 'T' POST \ FND.---, \ / jCAPRF EXHIBIT "A" EZRA SHELBY SURVEY ABST. NO. 839 REFERENCE BEARING S19'30'10"E - 435.07' JACK L. BROWNINGS & WIFE, BARBARA K. BROWNINGS REFERENCE BEARING INST. NO. 19991020001290710 �S57'39' 13"E - 48.92' VOL. 4525, PG. 0583 D.R.C.C.T. POINT OF 2.236 AC. BEGINNING �N89'43'01-W \ z 37.67' o \/ N N5T39'139IV a 116.05' 4 / 1�?- ea1sT R O-yC DEREK B. GHANEY .,o 6523... ..... %�j� fi ssia .0 M 00 0 z GERALD RAY DAVIDSON / INST. NO. 20020405000502240 D.R.C.C.T. 2.236 AC. / PARCEL NO. T2 CITY OF ANNA, TEXAS I KERRY B. TUBBS & WIFE, GWENDOLYN M. ISELT TUBBS PERMANENT SANITARY SEWER EASEMENT BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS May TBPE Firm No. 526; TBPLS Firm No. 10031800 2015 11910 Greenville Ave., Suite 600 Dallas, Texas 75243 (214) 361-7900 Page CITY OF AN NA, TEXAS Item No. 15 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: Joseph Johnson Exhibits: Yes AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Gary K. Verner and Ronna Walker Verner. SUMMARY: The City is working on the design and construction of a new sanitary sewer interceptor line that is necessary to accommodate the current and future growth of our city. In order to construct these improvements, the City will need to acquire an easement across property owned by Gary and Ronna Verner. The attached resolution authorizes Staff to negotiate, and, if necessary, initiate the use of eminent domain to acquire the needed sewer easement. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution. A motion to approve the resolution should be made precisely as follows as prescribed by law: "I move that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.157 acres of land, more or less, for a permanent sanitary sewer easement, and 0.225 acres of land, more or less, for a temporary construction easement, said tracts located in the Robert A. Johnson Survey, Abstract No. 479, Collin County, Texas, and described in a deed to Gary K. Verner and wife, Ronna Walker Verner, recorded in Instrument Number 19971124001000720 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.157 acres and 0.225 acres being more particularly described by the metes and bounds description set forth in Exhibit "A" to this resolution, which I incorporate in full into my motion." CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, F THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMA SANITARY SEWER EASEMENT AND A TEMPORARY CONSTRUCTIO EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.157 REAL PROPERTY, MORE OR LESS, AND 0.225 ACRES OF REA MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF AND THE CITY'S ATTORNEYS TO ACQUIRE SAID EASEME I MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, NECESSARY, PROCEEDINGS IN EMINENT DOMAIN-,AAWIN WHEREAS, the City of Anna plans to construct and/or associated facilities to meet the public need t benefit the City of Anna, its citizens and th neral WHEREAS, it is necessary to acquire a and temporary construction easeme n system improvements; and WHEREAS, it is necessary I acquisition of said easements domain; and ES, PER provements to 3nitary sewer easement ity of Anna for such sewer Fuse its authority to pursue negotiations for the ursue the easements under power of eminent WHEREAS, the Council o CFVf Anna, Texas ("City Council"), after careful consideration, fin that a public cessity exists for acquisition of a permanent sanitary sewer easement a tempora construction easement, providing limited rights on and un ac re perty, more or less, and 0.225 acres of real property, mor less, ich is articularly described in Section 2 of this resolution, for the p es of' maintenance, replacement, and/or repair of sewer lines, and bene pub i Ith, safety and welfare; FORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THAT: Incorporation of Recitals; Purpose The City Council finds that the above -stated recitals are true and correct and said recitals are incorporated herein as if set forth in full for all purposes. CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 3 1.02 This resolution is intended to comply in all respects with Texas Government Code § 2206.001, et seq., Texas Local Government Code § 251.001, et seq., and Texas Property Code § 21.001 et seq., to the extent the provisions of such statutes are applicable. 'AM The City Council, by this resolution, intends, if necessary, to exercis powers of eminent domain under Texas Local Government Code,§ any and all other applicable statutes. Easements to be Acquired The necessary permanent sanitary sewer easement sought cquire provide limited rights on and under a portion of a , 'd po total' approximately 0.157 acres of real property (the ` nitary S r nt"), held by Gary K. Verner and wife, Ronna Walke rn hers. Said approximate 0.157 acres of real property is gene igned described in Exhibit A, attached to this resolution ated erei reference as if fully set forth for all purposes. The cise per n ent to be acquired may differ from what is shown in s alignment a description but said alignment and description approxi s the gene route and general area of the permanent sanitary se�aftllke The necessary temp constr ion easement sought to be acquired will provide limited rights o d r a portion of a tract, said portion totaling approximately cre eal property (the "Temporary Construction Easement") K. er and wife, Ronna Walker Verner and/or others. S approxima 22 res of real property is generally aligned and described Exhibit A, att hed to this resolution and incorporated herein by refe ce fully seef for all purposes. The precise temporary easement uire m what is shown in said alignment and description ut sai lignmen ription approximates the general route and general area rary construction easement. Finding of Public Necessity and Authorization to Take Action The C'WCouncil finds a public necessity for the public welfare and convenience to acquire the Sanitary Sewer Easement and the Temporary Construction Easement identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing sewer lines. T Council authorizes the City Manager, City staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys, and other legal counsel if determined necessary by said attorneys, to acquire the needed CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 3 Sanitary Sewer Easement and the Temporary Construction Easement by any lawful means including but not limited to negotiations with landowners and, if necessary, proceedings in eminent domain. 3.02 The City Council by this resolution directs the City Manager, his staff, an Tidwell & McCoy, LLP, attorneys and other legal counsel if determine cessary by said attorneys, —as necessary and in the appropriate sequence — Sanitary Sewer Easement and the Temporary Construction Eas nt by a certified appraiser, to send the landowner(s) a copy of t praisa landowner's bill of rights statement, to enter into good -fait gotiati landowner(s), to make a bona -fide offer and make any ne ar al < monetary offers in an attempt to acquire the Sanitary�1yer ent s Temporary Construction Easement consistent appropriate, and to convey the City's desire to Easement and the Temporary Construction Ea and, if necessary, to institute proceedin r necessary actions in such proceedin co Sewer Easement and the Tempora Construc hereby authorizes and ratifies any asserts its full authority, to t e; Sanitary Sewer Easeme in Section 2, above. Effective Date. This resolution s PASSED by the ve the wised W 3V#Ajj&W(e the Sanitary asement. The City Council P thus far, and hereby further ed by law, to acquire the ruction Easement identified y upon its passage. City -of Anna, Texas, this 13t" day of October, 2015. APPROVED: Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 3OF3 Parcel No. 5 8/31/2015 EXHIBIT "A" CITY OF ANNA, TEXAS THROCKMORTON CREEK TRUNK SEWER PERMANENT SANITARY SEWER EASEMENT ACROSS THE PROPERTY OF GARY K. VERNER AND WIFE, RONNA WALKER VERNER Being a strip of land 20 feet in width for a permanent sanitary sewer easement in the Robert A. Johnson Survey, Abstract No. 479, Collin County, Texas, and being over, under and across a 4.192 acre tract of land conveyed to Gary K. Verner and wife, Ronna Walker Verner by deed recorded in Instrument No. 19971124001000720 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 20-foot wide Permanent Sanitary Sewer Easement being more particularly described as follows: BEGINNING at a point for corner in the north property line of said Verner tract, said point being in the south property line of a 4.486 acre tract of land conveyed to O.W. Conway, Jr. and wife, Marie Conway by deed recorded in Instrument No. 19970724000594490 of the D.R.C.C.T., said point bears S 85016'33" E, a distance of 487.36 feet from a found 1-inch iron pipe being the northwest property corner of said Verner tract and in the right-of-way of Conway Road Cul-de-Sac; THENCE S 85016'33" E, along the north property line of said Verner tract and along the south property line of said Conway, Jr. tract, a distance of 20.34 feet to a point for corner; THENCE S 05041'51" E, departing said Verner tract north line, a distance of 48.11 feet to a point for a corner; THENCE S 32031'32" W, a distance of 300.31 feet to a point for comer, said point being in the south property line of said Verner tract and in the north property line of a 5.612 acre tract of land conveyed to Shane Spencer and Crystal Spencer by deed recorded in Instrument Number 20120727000917890 of the D.R.C.C.T.; THENCE N 50032'42" W, along the south property line of said Verner tract and along the north property line of said Spencer tract, a distance of 20.15 feet to a point for corner, said point bears S 50°32'42" E, a distance of 454.12 feet from a found 1/2-inch iron rod being the most soutwest corner of said Verner tract and in the right-of-way of said Conway Road Cul-de-Sac; THENCE N 3203 F32" E, departing said Verner tract south line, a distance of 290.95 feet to a point for a corner; THENCE N 05041'51" W, a distance of 44.86 feet to the POINT OF BEGINNING, said Permanent Sanitary Sewer Easement containing 0.157 acres of land, more or less. Also, a 30 foot Temporary Construction Easement being immediately adjacent to and west of the above described permanent sanitary sewer easement and containing 0.225 acres of land, more or less. Notes: 1. Bearings and distances cited in this field note description are based on the Texas State Plane Coordinate System, NAD-83, Texas North Central Zone 4202. 2. Field surveys concluded on 03/20/2015 3. An Easement Plat of even date herewith accompanies this Field Note Description. Derek B. Chaney, P.E., R.P.L.S. Texas Registration No. 6523 Birkhoff, Hendricks & Carter, L.L.P. TBPLS Firm No. 100318-00 11910 Greenville Ave., Suite 600 Dallas, Texas 75243 Phone: 214-361790 , 7P s DEREK �B.•CHANEY ......................... A.. . P6523 .�op 0 Q' UR4 H:\Projects\Anna\2014144 Throckmorton Trunk Sewer\Easemeat Plats\Descriptions\05-Gary-Roma Verner Parcel No S.docx Page I of 2 EXHIBIT "A" 2 C E m K 1/2„ I.R.F. 1 1 " IRON PIPE FND. O.W. CONWAY, JR. & WIFE, MARIE CONWAY INSTRUMENT NO. 19970724000594490 D.R.C.C.T. TRACT 1 4.486 AC. ROBERT A JOHNSON SURVEY ABST. NO. 479 POINT REFERENCE BEARING R BEGINNING S85' 16'33"E — 487.36' — — 20.34' GARY K. VERNER & WIFE, oEEo CWL RONNA WALKER VERNER N5'444. ' as6' S5¢2551 E _ INSTRUMENT NO. 4S541'51'E 19971124001000720 N32'31;32'E 4811 � D.R.C.C.T. 290.95• `4. 4.192 AC. 20 PERMANENT SHANE INST. NO SPENCER & CRYSTAL SPENCER 20120727000917890 D.R.C.C.T. 5.612 AC. a225 ACRES (9,791 S.F.) N50'32'42V 20.15' NOTES: 1. BEARINGS AND DISTANCES CITED ON THIS PLAT ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD-83, TEXAS NORTH CENTRAL ZONE 420 . 2. FIELD SURVEYS CONCLUDED ON MARCH 20, 2015. 3. A FIELD NOTE DESCRIPTION OF EVEN DATE HEREWITH ACCOMPANIES THIS EXHIBIT. SANITARY SEWER r EASEMENT 0 157 AC" R 5,843 S.F.) S3231'32w ' 1 300.31 ' D ti \ 0 100 HORIZONTAL SCALE IN FEET SCALE: 1"=100' PARCEL NO. 5 �:' Q'G � fiQ•'y[f> DEREK ... •CFiRNEY ...P `..a...6 523.: �0 � ss�¢E'O CITY OF ANNA, TEXAS GARY K. VERNER & WIFE, RONNA WALKER VERNER PERMANENT SANITARY SEWER EASEMENT BIRKHOFF, HENDRICKS & CARTER, L.L.P. August PROFESSIONAL ENGINEERS g TBPE Firm No. 526; TBPLS Firm No. 10031800 2015 11910 Greenville Ave., Suite 600 Dallas, Texas 75243 (214) 361-7900 Page 2 CITY OF AN NA, TEXAS Item No. 16 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: Joseph Johnson Exhibits: Attached. AGENDA SUBJECT: Authorize the City Manager to execute a contract with W. Brown Enterprises, Inc. for the Hackberry Elevated Storage Tank Offsite Water Line Project. SUMMARY: On September 17, 2015 at 2:00 PM sealed bids were opened for this project. W. Brown Enterprises, Inc. was the apparent low bidder with a base bid of $737,284.50. The City's consulting engineer has reviewed the bids and bidder qualifications and recommends that the City of Anna award the contract to W. Brown Enterprises, Inc. There are funds available for this project in the 2012 and 2014 Certificate of Obligation. STAFF RECOMMENDATION: Staff recommends approval of this item. 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 W. BROWN ENTERPRI C. FOR THE HACKBERRY ELEVATED STORAGE TANK OFFSITE WATER LINEANIDUEMIIIi WHEREAS, the offsite water lines are needed in order to connect the p Elevated Storage Tank to the water distribution system and allow for ade� water system (the "Project"); and, 4 WHEREAS, the City Council of the City of Anna, Texas (the CN authorized the City Manager to solicit competitive bids for the Proje WHEREAS, the City of Anna, having solicited competitN opened said bids on September 17, 2015 at 2:00 P.M.; a WHEREAS, W. Brown Enterprises, Inc. is the apparent 1 $737.284.50; and, _ WHEREAS, the City of Anna's consulting e qualifications has recommended award of th WHEREAS, there are funds ava and, A WHEREAS, the City Council d to and execute a contractiuitL-) NOW THEREFOI ANNA, TEXAS, T Hackberry lino of the tate law, submitted a bid of viewed said bids and bidder's rown Enterprises, Inc.; and, 2014 Certificate of Obligation; FGthorize the City Manager to award the Project bid Enterprises, Inc. for construction of the Project; herein as if set forth in full for all purposes. Contract Award. CITY OF it hereby approves the contract agreement with W. Brown Enterprises, Inc. Z rojec ached hereto as Exhibit A, and authorizes, ratifies and approves the City s exec ion of the same subject to final legal review and approval by the City The City Manager is hereby authorized to execute all documents and to take all ions necessary to finalize, act under, and enforce the Agreement. PA D AND APPROVED by the City Council of the City of Anna, Texas, on this 13th day of October 2015. CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1 ATTEST: APPROVED: City Secretary Carrie Smith Mayor Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 2 QUALIFICATION STATEMENT OF BIDDERS SUBMITTED TO: City of Anna Reviewed by: Date Received: CONTRACTOR W. Brown Enterprises, Inc. CIRCLE ONE: ❑ Sole Proprietor ❑ Partnership NAME: W. Brown Enterprises, Inc. ADDRESS: 2905 N. 1st Ave. CITY: Durant, OK 74701 PHONE: (580) 931-7442 PRINCIPAL PLACE OF BUSINESS: Bryan County, Oklahoma 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: Oklahoma LOCATION OF PRINCIPAL OFFICE: 2905 N. 1 CONTACT PERSONS AT OFFICE: Ave., Durant, OK 74701 PERSON EXECUTING CONTRACTS ON BEHALF OF CORPORATION: NAME: TITLE: PHONE W. Scott Brown President (580) 931-7442 NAMES OF OFFICERS: (IF APPLICABLE) ADDRESS: Durant, OK CITY W. Scott Brown Mark Rollins STATE 2905 N. 1 st Ave. 74701 STATE ZIP LIST NUMBER OF EMPLOYEES WORKING FOR CONTRACTOR: Fifteen (15 LIST ALL EQUIPMENT TO BE USED ON THIS PROJECT: (PLEASE USEATTACHMENr) NUMBER OF YEARS IN BUSINESS AS A GENERAL CONTRACTOR ON PROJECTS SIMILAR TO THIS PROJECT: 12-Years 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 jklerical\anna\2014-111 hackberry est offsite wl\specs\contract\05-qualification statement.doc - 9 - Qualification Statement ® Concrete Structures: Inlets, Box Culverts, Junction Boxes Other: COMMENTS: LIST RECENTLY COMPLETED PROJECTS OF THE TYPE OF WORK QUALIFYING FOR OR SIMILAR WORK, PLUS THE FOLLOWING INFORMATION FOR EACH PROJECT: PROJECT: OWNER/ENGINEER: YEAR BUILT: CONTACT PERSON: PROJECT: OWNER/ENGINEER: YEAR BUILT: CONTACT PERSON: PROJECT: OWNER/ENGINEER: YEAR BUILT: CONTACT PERSON: PROJECT: OWNER/ENGINEER: YEAR BUILT: CONTACT PERSON: (USE ATTACHMENTS IF NECESSARY) CONTRACT PRICE: PHONE: CONTRACT PRICE: PHONE: CONTRACT PRICE: PHONE: CONTRACT PRICE: PHONE: LIST INCOMPLETE PROJECTS, PLUS THE FOLLOWING INFORMATION FOR EACH PROJECT LISTED: PROJECT- OWNER/ENGINEER: PERCENT COMPLETE: CONTACT PERSON: PROJECT: OWNER/ENGINEER- PERCENT COMPLETE: CONTACT PERSON: CONTRACT PRICE: PHONE: CONTRACT PRICE: PHONE: jklerical\anna\2014-111 hackberry est offsite wl\specs\contract\05-qualification statement.doc - 1 0 - Qualification Statement 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 USEATTACHMENT.) HAVE YOU OR ANY PRESENT PARTNER(S) OR OFFICER(S) FAILED TO COMPLETE A CONTRACT? No IF SO, NAME OF OWNER AND/OR SURETY: CONTACT PERSON: PHONE: ARE THERE ANY UNSATISFIED DEMANDS UPON YOU AS TO YOUR ACCOUNTS PAYABLE? No IF SO, GIVE NAMES, AMOUNTS, AND EXPLANATIONS: BANK REFERENCE Bank: Shamrock Bank Address: City: Caddo Contact Person: Todd Miller Phone: (580) 367-2258 State: OK Zip: 74729 MUNICIPALITY REFERENCE: City: City of Durant Contact Person: Don Darnell Position: City Manager Address: Durant. OK 74701 Phone: (580) 924-8923 OTHER CREDIT REFERENCES: Name: Ferguson Water Works Address: Euless, Texas Phone: (817) 822-3794 Name: Vernon Te Address: Dallas, Texas Phone: (972) 255-3500 jklerical\anna\2014-111 hackberry est offsite wl\specs\contract\05-qualification statement.doc - 1 1 - Qualification Statement In compliance with Invitation to Bid for above mentioned types of projects, the undersigned is submitting the information as required with the understanding that the purpose is only to assist in determining the qualifications for this organization to perform the type and magnitude of work designated, and further, guarantee the truth and accuracy of all statements made, and will accept your determination of qualifications without prejudice. The surety herein named, any other bonding company, bank, sub -contractor, supplier, or any other person(s), firm(s) or corporations with whom I (we) have done business, or who have extended any credit to me (us) are hereby authorized to furnish you with any information you may request concerning performance on previous work and my (our) credit standing with any of them; and I (we) hereby release any and all such parties from any legal responsibility whatsoever on account of having furnished such information to you. Signed: W. Scott Brown Title: President Company: W. Brown Enterprises, Inc. Date: COPY TO LOCAL UNDERWRITING OFFICE OF PROPOSED SURETY Name: Brady Cox Address: 5930 Preston View Blvd.. Suite 200 Phone: (972) 644-2688 City: Dallas State: TX jklericahanna\2014-111 hackberry est offsite wl\specs\contract\05-qualification statement.doc - 1 2 - Qualification Statement QUALIFICATION STATEMENT OF BIDDER'S SURETY SUBMITTED TO: City of Anna BIDDER: W. Brown Enterprises, Inc. ADDRESS: 2905 N. 1 st Ave., Durant, OK 74701 PHONE: (580) 931-7442 1. Has this surety furnished contract bonds on contracts now complete? Yes 2. Has this surety furnished contract bonds on contracts now incomplete? Yes 3. What is the maximum bonding capacity of this Contractor? $5,000,000 Single, $10,000,000 Aggregate 4. Is the current financial information on this Contractor satisfactory? Yes 5. Does information obtained indicate accounts are paid when due? Yes If not, give details: 6. Is it your opinion that the bidder has sufficient experience and financial resources to satisfactory perform the contract? Yes 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? Yes REMARKS: Excellent Contractor ! ! ! ! SURETY: Developers Surety and Indemnity Company SIGNED: TITLE: B K. Cox. Attornev-in-Fact ADDRESS: P.O. Box 19725 CITY: Irvine STATE: CA PHONE: (949) 263-3300 (IN DUPLICATE) "I0 111111ROX16YA] jklericahanna\2014-111 hackberry est offsite wl\specs\contract\05-qualification statement.doc - 1 3 - Qualification Statement Year I Color W. Brown Enterprises Heavy Equipment Color Make Model $N or VIN Tag Date Pruchased Yellow Hubert Motor Road Grader FG-251240 7 Yellow Hubert Moter RoadGrader D-1500 FG-252709 7 Yellow Komatsu D68E-1 Bulklozer B1159 7 Yellow Komatsu PC 150 7778 7 Green Clark 6800 LS Fork Lift C500580 12 5 2008 2997 White White Bobcat 863C Rubber Tire Skidsteer 514417765 12 8 7004 2998 Yellow Yellow Caterpillar 93BG Wheel Loader 6W500649 12 12 2011 2000 Yellow Yellow Komatsu 021P-7E Bulldozer 83501 1 1 2008 2001 White Whhe Vaxcavator VT800DH D BOHDO72700277 30 4 2011 2001 Yellow Yellow Komatsu PC 400 Excavator A85033 10/7 2010 2003 Yellow Yellow Komatsu WB 140 Backhoe A20402 817 2005 I007 White White Bobcat T250 Track Skidsteer 525613987 12/31/2007 2008 Yellow Yellow JD..CT322 Tack Skid— T0322TB165948 7/6 2014 200E Y@IIOw Yellow Case 590M Backhoe 4K4 Turbo NBC433785 12 16 2008 2D09 Yellow Yellow Komatsu PC229 Excavator KMTPC161P02041676 12/18/2009 2011 Red Red Ditch Witch RT95 Yrencher CMWH910XKSDGOD09 5 27 2011 2011 Yellow Yellow ion Deer Crawler Dozer TOSSOJX1151DC 3/82011 2012 Yellow Yellow 420E Caterpillar Bachoe COU02565 11/21/2011 2013 Yellow Yellow Komatsu PC 138 Excavator 40066 3 15/2013 W. Brown Enterprises Directional Drill Rigs Year Color Make Model SNOT VIN Tag Date Pruchased 1999 Yellow Yeltow Vermeer D16x20 Drilling Machine 1VRT170S4X3000303 2 20 2013 DCI MARK III LOACTOR WIN 5/N:DRR5128 2/20/2013 CHARGER 5 N:DBC18893 2 20 2013 BEtSHE 8F9T-1EP Trailer VERMEER MX125 500 Gal Tank 2202013 2005 Yellow Yellow Vermeer D18x22 Directional Drill IVRX2705351000369 11 16 2011 7011 Vermeer MX125 Mixing stem 1 VRX0301.14C 1002464 11 16 2011 Eclipse Package - Locator 5 N:EDRR6662 1 16 2011 2013 Yellow Yellow Vermeer D20x2211 1VR6186TDD1001343 9/12/2013 2013 Vermeer MX125 Mixing system 1VRX030V6D2D03174 9/1112013 2614 Yellow Vermeer D24x4011 HodwritaJ Directional Drill IVRZ19034EIU02581 - 9.24/2014 2014 Increchbit WIN Head 1555200163169 9/24/2014 2014 MX240 Mix System VR6120PBE2002591 9t14/2034 2014 DCJF5 Locating Packa a F5R30053371 9/24/2014 2014 Yellow Belshe D255-2EP Trailer 16JF02120EI04790I "0612014 2012 Altlas COPCO MODEL XRV51000A Compressor S/W APP199943 10/31/2014 2014 Minton HDD Hard Rock D(Illing System iMcLaughlln S/N MN5C84 11/26 2014 2013 VSOOLE-HD410 Vacuum System 5/N VSH110433200 ll/M014 2015 Minton HOD 50 Hammer Hard Rack Drilllne Svstem S/N MN;d 7 .1- W.BrownEnterp,rises Directional Big Trucks /Truck Tractors Yrar Color Make Model 5/N or VIN Tag Date Pruchased 1970 Red Red Chevy Water Truck CE530P124054 OK 8146Y 12/22 2013 1972 Red Red Ford F90 Fire Truck C90LVM90934 1515EEP 1/12 2009 1970 Rod Red Ford F600 Fire Truck F 6 1EVCC2476 Need to tltto to WBE 12 B 2004 1981 White WhRa Day Cab INTL 1HTDF2571BHAIS327 OK 6DZGLF 11152007 1987 Pink FRHT Pink Dump Truck ZFUYYCYB7HV3080 OK 301HFF 10 14 2005 1993 Maroon Maroon Ford Aeromax 1FTYY95R%PVA39822 OK 490KSF 12 23 2008 1994 Gold INTL GOW Dump Truck 2HSFMALRORC093968 OR 20973Y 7 31/2003 2000 White White FRHT With Sleeper lFUYDCXBSYPES3192 OR 37KSF 3 30 2007 2009 White White INTL 430026F7-GP5 1HTMM 1428H57747 17f3l2014 W. Brown Enterprises Work Trucks Year CMor Make Model SIN or VIN Tag Date Pruchased 1982 Chevy - No elclure 11305C24M20158650 Titled to Weldon 1/7 1998 1995 Green I Chevy GreenZ71 2GCEX19KX51119711 09482HGF 3 3 2006 1936 Yellow GMC Yellow Box Bananna Truck SGOlG31K6TF852108 OR Y58517 10/6 2007 199E White 4 Door Ford F350 IFTJW35FITE851664 Old OR Tog -YZF 674 7/8/2005 1998 Ch Cage Truck 1GBJC34R9WF034938 OR 104421 11 19 2009 2000 White Ford F250 3FTNX2OF4YMA62401 OR 2691Y 10 2712011 20DS Ford F150 -Scott SBI 1FTPX34545NB60365 OR 193JTF 2005 Grey Ford F150-Bob Wood 1FTRW12W75FA23681 OR 197MNF 10 3 2011 2006 White Ford F350 Victor-GP5 1FOWW36P96EC20145 OR 104422 9232009 21106 Grey Dodge 3500 - GP$ 3D6WX48C76G224571 OK 63229Y 31 6 2012 2006 Ford F350 Crew Cab DuaR -GP5 1FTWW32P96EB99890 OR 37172Y 6/222011 2007 Chevy 2500 HE) Extended Cab Utility Truck- GPS 1GBHC29087E179627 OK 26970Y 10 4 2011 2007 Ford F350xt super Flatbed Truk Carlos • GPS 1FDW W36P67EA3934 OK 81400Y 12 8 2011 2007 Gold FOM DuliX F350 iFTWW32P57EA70322 OR 17624Y 7 2007 white Dodge 3500 SLT Flatbed Truck -GPS 3D6WG48A07G797859 TX BL61275 12/82011 W. Brown Ente rises Trailers Year Color/Make Model 48 Ft lob trailer S Nor VIN Tag Date Pruchased 1959 Yellow Lufkin Trailer 14760 51GRCA9623 6C2018 7 1974 1984 TMP trailer Horshoe BeddingTrailer title 31363 Not Titled to WBE 7 1988 fROL -Travel Trailer E5025001 Nat Titled to WBE 7 1989 Totaled - Liddell three axle lowboy trailer 1MW78234OJ9DO0245 DXY772 12 2312008 2003 Feli TN 1L745483SKAC01311 3 2B 2012 2W3 ie—ish on Equipment Belshr9Tan E uipment Traitor 5FTDE252x23017402 Not Ttled to WBE 12/6/2030 2007 SULLAIR Model: 185DPQ-JD Com ressor 1600162931038467 12 8 2011 2013 GUS Manual Reel Traifer 200703070136 2126 2013 2013 ROOSE RR-160 Reel Trailer 119PU1018CG423125 4 17 2013 Great Dana Ft T A Enclosed Van Trailer 2 10 2013 o Bbcat Troller er 1GRCA9623ES025401 Old OX Ta 974.708 5 12 2 005 3 22 2006 W. Brown Enterprises Inc. Quality Construction and Project Management Services ♦+* Qualification Statement W Brown Enterprises, Inc. 2905 N. 1 st Ave. Durant, OK 74701 Phone - 580-931-7442 Fax - 580-924 8226 Email - wbrownenterprisesCg�yahoo.com To whom it may concern, This company has been in business for more than 30 years under the name of Weldon Brown. The company was incorporated in Oklahoma in 2003 under the current name of W. Brown Enterprises, Inc. This corporation has all necessary insurance qualifications for the position of General Contractor. The owner and officers of the corporation have extensive backgrounds in a variety of management areas. The owner and officers of the corporation personally have experience in dirt construction, demolition, underground utilities (sewer and water mains, lift stations, manholes, etc.) water lines, septic systems, aerobic systems, ponds, trenches, timber clearing, roads, as well as farming, ranching, hay, cattle, and pecan harvesting. This corporation owns and/or has access to a variety of equipment such as; Dozers, Backhoes, Dump Trucks, Tractors, Excavators, Skid Steers, Trenchers, Heavy Haul Equipment, and Semi's. W. Brown Enterprises Inc.'s Vice President of Operations is Mark Rollins. Mark Rollins owned is own Utility construction company for 15 years, specializing in sewer, storm, and water mains. He has several years of experience in estimating, project managing, and being a project superintendent. W. Brown Enterprises Inc. President is Weldon Scott Brown. Scott has a class A license with the Oklahoma Department of Environmental Quality. Scott has been in the Utility Construction business for 20 years, with experience in estimating, operating equipment, and administration of the construction industry. Scott has had several General Contracts where he has used subcontractors to complete projects. Since the Company was founded nearly 30 rears ago. W. Brown Enterprises has never failed to complete a project in company history, nor has ever defaulted on a contract. References: Oklahoma Department of Environmental Quality Contact: Pam Watson 580-920-2037 W. Brown Enterprises Inc. Quality Construction and Project Management Services ♦�♦ Resent Jobs Completed Water & Sewer System Improvements $583,556.25 Sanitary Sewer Lift Station, Force Main & Appurtenances Rural Water & Sewer Management District No. 2 Atoka County, Oklahoma Kimberly A. Hornbuckle, P.E., CFM Project Manager Poe & Associates, Inc. 525 Central Park Dr., Ste. 250 Oklahoma City, OK 73105 (405) 949-1962 (405) 949-2376 Fax www.poeandassociates.com Completed June 2010 INFLOW INFILTRATION MITIGATION PROGRAM $91,919.00 WASTEWATER MAIN REPLACEMENT SUNSET DRIVE (MAYALL ROAD TO MELODY LANE) SRF ORF-09-0018-CW Elissa Freer Grants Administrator City of Ardmore PO Box 249 Ardmore, OK 73402 580-221-2582 Ofc 580-221-2563 Fax efreer@ardmoreciiy.org Completed March 2010 Blackwell Municipal Authority $457,937.44 Booster Station and 12" Waterline at 13th and Furguson Jeff Cowan — PE MKEC Engineering Consultants, Inc. ATTN: Jeff Cowan 1000 W. Wilshire Suite 401 Oklahoma City, OK 73116 405-842-8558 Ofc 405- 842-8553 Fax Completed October 2009 W. Brown Enterprises Inc. Quality Construction and Project Management Services ♦+* City of Durant & Bryan Co. RDW 5 Fly Over Projects H. Wayne Barker City of Durant $157,124.24 Bryan Co RDW 5 $301,920.24 Barker & Associates, Inc. Consulting Engineers 820 State Road 48 v. 580.931.9045 f. 580.931.9099 Completed July 2010 City of Durant — Hwy 70 Viaduct $383,578.33 City of Durant 300 W. Evergreen Durant, OK 74701 Jerry Yandell 5 80-931-6640 Boswell Public Works Authority — Sewer Line Improvements $409,675.09 H. Wayne Barker Barker & Associates, Inc. Consulting Engineers 820 State Road 48 v. 580.931.9045 f. 580.931.9099 Completed January 2011 Bromide Public Works Authority Sewer System Improvements $82,929.00 Mehlburger Brawley 719 S. George Nigh Expressway McAlester, OK 74501 (918) 420-5500 www.MB-En4.com Completed January 2011 W. Brown Enterprises Inc. Quality Construction and Project Management Services ♦*+ Bromide Public Works Authority Water Systems Improvements $365,028.00 Mehlburger Brawley 719 S. George Nigh Expressway McAlester, OK 7450 (918) 420-5500 www.MB-Eng.com Completed May 2011 Bryan Co. RDW 5 Sawmill Rd 2" Water Line Relocation Project $122,421.50 H. Wayne Barker Barker & Associates, Inc. Consulting Engineers 820 State Road 48 v. 580.931.9045 f. 580.931.9099 Love County Rural Water District No 2 2010 CDBG Water Systems Improvements $799155.00 Mehlburger Brawley 719 S. Goerge Nigh Expressway McAlester, OK 7450 (918) 420-5500 www.MB-Eng.com Completed July 2011 City of Altus AAFB Raw Water Line Connection $599884.00 Fox & Drechsler, Inc. Civil Engineers P.O. Box 758 Altus, OK 73522 Phone 580-482-6583 Fax 580-482-6585 Completed August 2011 Bryan Co. RDW 5 CDBG 2010 Water Systems Improvements $3939373.48 H. Wayne Barker Barker & Associates, Inc. Consulting Engineers 820 State Road 48 v. 580.931.9045 f. 580.931.9099 October April 2011 W. Brown Enterprises Inc. Quality Construction and Project Management Services ♦�♦ City of McAlester 2009 CDBG Water & Sewer Improvements $2009167.50 Mehlburger Brawley 719 S. Goerge Nigh Expressway McAlester, OK 74501 (918) 420-5500 www.MB-Eng.com Completed December 2011 THE CITIZEN POTAWATOMI NATION HOUSING AUTHORITY 8" SANITARY SEWER LINE $1509236.00 WDB Engineering P.L.L.C. 6330 S.E. 74th Street Oklahoma City, OK 73135 Phone 405-741-7090 Fax 405-741-7094 Completed December 2011 City of Hugo CDBG Lift Station & Sewer Main $1809403.20 Wall Engineering, LLC P.O. Box 140 Hugo, OK 74743 Phone 580-317-4104 Fax 580-317-4190 Completed March 2012 Hughes Co RWD No. 2 - Well Field and Waterline Improvements $6259783.00 709 Roosevelt, P.O. Box 47 Stuart OK 74570 Mehlburger Brawley 719 S. Goerge Nigh Expressway McAlester, OK 74501 (918) 420-5500 www.MB-Eng.com Completed June 2012 W. Brown Enterprises Inc. Quality Construction and Project Management Services ♦�♦ City of Coalgate, OK - Water Distribution System Improvements $2299510.00 Mehlburger Brawley 719 S. George Nigh Expressway McAlester, OK 74501 (918) 420-5500 www.MB-Eng.com Completed March 2012 City of Parker, TX - F.M. 2551 8-inch Waterline $2559514.75 BIRKHOFF, HENDRICKS & CARTER, L.L.P. 11910 Greenville Ave. Suite 600 Dallas, Texas 75243 (214) 361-7900 Completed February 2012 City of Haslet, TX - Hugh White Estates Waterline Replacement Project No. 110501.01 $5109864.50 BELCHEFF & ASSOCIATES, INC. 100 Trophy Club Drive, suite. 103 Trophy Club, TX 76262 (817) 491-2776 Completed August 2012 City of Prosper, TX - Wilson Creek Tributary Interceptor $198029287.35 CITY OF PROSPER MICHAEL S. BULLA 407 E.1 st St. Prosper, TX. (972) 346-3502 Completed March 2013 City of East Tawakoni, TX - Water System Improvements Project TWDB #61743 $ 4919337.50 HAYTER ENGINEERING, INC. 4445 SE Loop 286 Paris, TX 75460 (214) 361-7900 Completed December 2012 W. Brown Enterprises Inc. Quality Construction and Project Management Services ♦+* Tishomingo Municipal Authority — Sewer Collection System Improvements $190819755.55 Mehlburger Brawley 719 S. George Nigh Expressway McAlester, OK 74501 (918) 420-5500 www.MB-Eng.com Completed August 2014 Tishomingo Municipal Authority — Water Distribution System Improvements $292359988.35 Mehlburger Brawley 719 S. George Nigh Expressway McAlester, OK 74501 (918) 420-5500 www.MB-Eng.com Completed January 2015 City of McAlester/ McAlester Public Works Authority — 12-Inch Water Main Replacement $4339006.00 Mehlburger Brawley 719 S. George Nigh Expressway McAlester, OK 74501 (918) 420-5500 www.MB-Eng.com Completed October 2014 W. Brown Enterprises Inc. Quality Construction and Project Management Services ♦�♦ Work on Hand City of Atoka — SH-3/US-75 Utility Relocations $1789770.50 Wall Engineering 325 W. Evergreen Durant, OK 74701 (580) 317-4104 Brandon@)wallengineerina.com Awarded September 2014 City of Antlers — CDBG Collection System Improvements $1589553.50 Wall Engineering 325 W. Evergreen. Durant, OK 74701 (580) 317-4104 Brandon(&wallengineering.com Awarded December 2014 Town of Millcreek — CDBG Collection System Improvements $2569465.00 Wall Engineering 325 W. Evergreen Durant, OK 74701 (580) 3.174104 Brandon(awal lengineering.com Awarded December 2014 W. Brown Enterprises Inc. Quality Construction and Project Management Services ♦�♦ Financial Statement Prepared by Berry & Associates Taun Berry (501) 951-1306 Bonding Agency Baldwin - Cox Agency Brady Cox 5930 Preston View Blvd, Suite 200 Dallas, TX 75240 972-644-2688 Fax - 972-644-8035 If there is further information required please contact me, W. Scott Brown (President) at 580-931-7442. W. Scott Brown President W. Brown Enterprises, Inc. Subscribed and sworn to before me this n day of , 20 !s Notary Public My Commission expires: LLfffJ,�' WO #11002393 �N�J: PUBLIC" J .... . ��'•J(COF ���IflIfLLN�� PREVAILING WAGE RATES FOR MUNICIPAL CONSTRUCTION IN ANNAJEXAS General Decision: TX150028 TX28 Date: 01 /02/2015 Construction Types: Heavy Counties: Collin, Dallas, Denton, Ellis, Kaufman and Rockwall Counties in Texas. Rates are for Heavy — Water & Sewer Lines / Utilities (including Related Tunneling where the Tunnel is 48" or less in diameter) construction projects only. For other wage rates or for updated rates, please the Texas General Decision County Index located at http://www.gpo.goy/davisbacon/tx.htmi y\clericahanna\2014-111 hackberry est offsite M\specs\contract\06-wage rates. doex — 1 4 - Prevailing Wage Rates General Decision Number: TX15002B 01/02/2015 TX28 Superseded General Decision Number: TX2014002S State: Texas Construction Type: Heavy Counties: Collin, Dallas, Denton, Ellis, Kaufman and Rockwall Counties in Texas. Water and Sewer Lines/Utilities (Including Related Tunneling Where the Tunnel is 48" or Less in Diameter) Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Davis -Bacon Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The TO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/02/2015 * PLUM0100-002 07/01/2013 Rates Fringes Plumbers and Pipefitters......... $ 28.86 6.83 ---------------------------------------------------------------- SUTX1991-004 09/23/1991 Rates Fringes Laborers: Common ......................$ 7.25 Utility .....................$ 7.467 Pipelayer ........................$ 7.828 Power equipment operators: Backhoe.....................$ 10.804 Crane .......................$ 10.942 Front End Loader ............ $ 9.163 Tunneling Machine (48" or less) .......................$ 9.163 TRUCK DRIVER .....................$ 8.528 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Page 1 of 4 http://www.wdol.gov/wdol/scafiles/davisbacon/TX28.dvb?v-0 3/24/2015 j:\clerical\ a\2014-111 hackberry est offsite w1\specs\contract\06-wage rates.docx - 15 - Prevailing Wage Rates Page 2 of 4 Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)) . The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM019B-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 019E indicates the local union number or district council number where applicable, i.e., Plumbers Local 019B. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a http://www.wdol.gov/wdol/scaftles/davisbacon/TX28.dvb?v-0 3/24/2015 j:\clerical\ a\2014-111 hackberry est offsite w1\specs\contract\06-wage rates.docx - 16 - Prevailing wage Rates Page 3 of 4 new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 1000 of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. http://www.wdol.gov/wdol/scaftles/davisbacon/TX28.dvb?v-0 3/24/2015 j:\clerical\ a\2014-111 hackberry est offsite w1\specs\contract\06-wage rates.docx - 1% - Prevailing Wage Rates Page 4 of 4 Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requester considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION http://www.wdol.gov/wdol/scafiles/davisbacon/T'X28.dvbNO 3/24/2015 j:\clerical\ a\2014-111 hackberry est offsite w1\specs\contract\06-wage rates.docx - 18 - Prevailing Wage Rates VENDORS COMPLIANCE TO STATE LAW Texas Government Code, Chapter 2252, Subchapter A provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state Contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section 4 must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident Contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. ❑ Non-resident vendors in business, are required to be A copy of the statute is attached. (give state), our principal place of percent lower than resident bidders by state law. ® Non-resident vendors in Oklahoma (give state), our principal place of business, are not required to underbid resident bidders. B. ❑ Our principal place of business or corporate office is in the State of Texas. BIDDER/OFFEROR- W. Brown Enterprises, Inc. Company: Address: 2905 N. 1 st Ave. Durant, OK 74701 City State Zip WA •TTiT f48i1LOW Ia111ElK Signature: Title: W. Scott Brown (please print) President (please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION j1clericahanna\2014-111 hackberry est offsite wkspecs\contract\07-vendors compliance.doc - 1 9 - Vendors Compliance to State Law CONFLICT OF INTEREST QUESTIONNAIRE j1clericahanna\2014-111 hackberry est offsite wl\specs\contract\08-conflict of interest.doc - 20 - Conflict of Interest 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 under Section 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 underthis section is a Class C misdemeanor. 1 Name of person who has a business relationship with local governmental entity. z ❑ Checkthis box if you are filing an update toa 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 CIO 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? F1 Yes m No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? F7 Yes K-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 06129/2007 j1clericahanna\2014-111 hackberry est offsite wl\specs\contract\08-conflict of interest.doc - 21 - Conflict of Interest 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: W. Scott Brown, President ATTEST (if corporation) Date Date j1clericahanna\2014-111 hackberry est offsite wl\specs\contract\09-affidavit.doc - 22 - Affidavit Against Prohibited Acts PROPOSAL AND BID FORM jAclerical\anna\2014-111 hackberry est offsite w1\specs\contract\10-p&bs-1.doc - 23 - Proposal and Bid Form PROPOSAL AND BID FORM Proposal of: W. Brown Enterprises, Inc. (hereinafter called "Bidder") Address: 2905 N. 1 st Ave., Durant, OK 74701 To the Honorable Mayor and City Council City of Anna, Texas (hereinafter called "Owner") Deadline for Submission of Sealed Competitive Bid: 2:00 p.m., Thursday, September 17, 2015 Date of Sealed Bid Opening: 2:00 p.m., Thursday, September 17, 2015 Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of: HACKBERRY ELEVATED STORAGE TANK OFFSITE WATER LINE for the City of Anna, Texas, having carefully examined the plans, specifications, notice to bidders, invitation to bid and all other related contract documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project, including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the prices stated. The Bidder binds himself on acceptance of his proposal to execute the Contract Agreement and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated in Exhibit "A" of this proposal. Bidder hereby agrees to commence the work on the above project within ten (10) days of receipt of written "Notice to Proceed" and to fully complete the project within One Hundred Eighty (180) consecutive calendar days, thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum quoted below for each calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME: The time of completion is of the essence for this project. For each day that any work shall remain uncompleted after the time specified in the proposal and the Contract Agreement, or the increased time granted by the OWNER, or as equitably increased by additional work or materials ordered after the Contract Agreement is signed, the sum per day given in the following schedule, unless otherwise specified in the special provisions, shall be deducted from the monies due the CONTRACTOR: jAdericahanna\2014-111 hackberry est offsite w1\specs\contract\10-p&bs-1.doc - 24 - Proposal and Bid Form AMOUNT OF CONTRACT Less than $25,000.00 $25,000.00 to $99,999.99 $100,000.00 to $999,999.99 More than $1,000,000.00 AMOUNT OF LIQUIDATED DAMAGES $100.00 Per Day $500.00 Per Day $500.00 Per Day $500.00 Per Day The sum of money thus deducted for such delay, failure or non -completion is not to be considered as a penalty, but shall be deemed, taken and treated as reasonable liquidated damages, per day that the CONTRACTOR shall be in default after the time stipulated in the Contract Agreement for completing the work. The said amounts are fixed and agreed upon by and between OWNER and CONTRACTOR because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the OWNER in such event would sustain; and said amounts are agreed to be the amounts of damages which the OWNER would sustain and which shall be retained from the monies due, or that may become due, the CONTRACTOR under the Contract Agreement; and if said monies be insufficient to cover the amount owing, then the CONTRACTOR or its surety shall pay any additional amounts due. In the event that the actual damages incurred by the OWNER exceed the amount of liquidated damages, OWNER shall be entitled to recover its actual damages. Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with the Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of sixty (60) calendar days from date of bid opening until the date that the project is awarded by the City Council. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications, and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed, as provided in the contract documents. Enclosed with this proposal is a Cashier's Check or Certified Check for: 5% Greatest Amount Bid Dollars ($5% GAB), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. jAdericahanna\2014-111 hackberry est offsite w1\specs\contract\10-pMs-1.doc - 25 - Proposal and Bid Form Bidder understands and agrees that the Contract Agreement to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Invitation to Bid. The Contractor's attention is called to the fact that any estimate of quantities of work to be done and materials to be furnished under the specifications as shown on the Proposal, or elsewhere, is approximate only and not guaranteed. The Owner does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated quantities, nor shall the Contractor plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work or other conditions pertaining thereto. Payment will be made on actual quantities installed at the unit bid price, and no claim will be made for anticipated profits for any decrease in profits. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is further agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary, in the opinion of the Engineer, to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased are to be performed at the unit bid prices. jAdericahanna\2014-111 hackberry est offsite w1\specs\contract\10-p&bs-1.doc - 26 - Proposal and Bid Form CITY OF ANNA, TEXAS Hackberry Elevated Storage Tank - Offsite Water Line BID SCHEDULE Item Estimated Price in Extended No. Quantity Unit Description and Price in Words Figures Amount 746 L.F. Furnish & Install 8-Inch Water Line by Open Cut $ 20.75 complete in place, the sum of and Seventy -Five Cents Der Linear Foot Dollars $ 15,479.50 2 3,090 L.F. Furnish & Install 12-Inch Water Line by Open Cut $ 29.00 $ 89,610.00 complete in place, the sum of Twenty -Nine Dollars and No Cents per Linear Foot Furnish & Install 12-Inch Water Line with Class G 3 38 L.F. Embedment by Open Cut $ 70.00 $ 2,660.00 complete in place, the sum of Seventy Dollars and No Cents per Linear Foot 4 8,042 L.F. Furnish & Install 16-Inch Water Line by Open Cut $ 45.00 $ 361,890.00 complete in place, the sum of Forty -Five Dollars and No Cents per Linear Foot Furnish & Install 16-Inch Water Line by Directional 5 215 L.F. Bore $ 225.00 $ 48,375.00 complete in place, the sum of Two Hundred Twenty -Five Dollars and No Cents per Linear Foot 6 1 Ea. Furnish & Install 8-Inch Blow Off Valve Assembly $ 6,000.00 $ 6,000.00 complete in place, the sum of Six Thousand Dollars and No Cents per Each J:\Clerica1\Anna\2014-111 Hackberry EST Offsite WL\Specs\Contract\11-P&BS-2.xlsx PBS-27 Proposal and Bid Form Item Estimated Price in Extended No. Quantity Unit Description and Price in Words Figures Amount Furnish & Install Fire Hydrant, 6-Inch R.S. Gate 7 2 Ea. Valve, Tee and Water Line $ 10,000.00 $ 20,000.00 complete in place, the sum of Ten Thousand Dollars and No Cents per Each Furnish & Install 2-Inch Combination Air Release 8 1 Ea. Valve with 4-Foot Manhole and Bollards $ 4,500.00 $ 4,500.00 complete in place, the sum of Four Thousand, Five Hundred Dollars and No Cents per Each Furnish & Install 3-Inch Combination Air Release 9 2 Ea. Valve with 4-Foot Manhole and Bollards $ 9,000.00 $ 18,000.00 complete in place, the sum of Nine Thousand Dollars and No Cents per Each 10 4 Ea. Furnish & Install 8-Inch R. S. Gate Valve $ 1,400.00 $ 5,600.00 complete in place, the sum of One Thousand, Four Hundred Dollars and No Cents per Each 11 12 Ea. Furnish & Install 12-Inch R. S. Gate Valve $ 2,500.00 $ 30,000.00 complete in place, the sum of Two Thousand, Five Hundred Dollars and No Cents per Each 12 17 Ea. Furnish & Install 16-Inch Butterfly Valve $ 3,000.00 $ 51,000.00 complete in place, the sum of Three Thousand Dollars and No Cents per Each Furnish & Install 12" x 10" Tapping Sleeve and 13 1 Ea. Valve $ 3,500.00 $ 3,500.00 complete in place, the sum of Three Thousand, Five Hundred Dollars and No Cents per Each J:AC1ciicalVAnna\2014-111 llackbcrry EST Ofrsitc WL\Spccs\ContractVI1-P&BS-2.x1sx PBS-28 Proposal and Bid Form Item Estimated Price in Extended No. Quantity Unit Description and Price in Words Figures Amount 14 1 1 Ea. Furnish & Install 8" x 8" Tapping Sleeve and Valve $ 3,400.00 complete in place, the sum of Three Thousand, Four Hundred Dollars and No Cents per Each $ 3,400.00 Connect to 8-Inch Water Line, including 15 1 Ea. Dewatering $ 750.00 $ 750.00 complete in place, the sum of Seven Hundred Fifty Dollars and No Cents per Each Connect to 12-Inch Water Line, including 16 1 Ea. Dewatering $ 1,100.00 $ 1,100.00 complete in place, the sum of One Thousand, One Hundred Dollars and No Cents per Each 17 10 S.Y. Remove & Replace Gravel Pavement $ 30.00 $ 300.00 complete in place, the sum of Thirty Dollars and No Cents per Square Yard 18 20 L.F. Remove & Replace Chain Link Fence $ 25.00 $ 500.00 complete in place, the sum of Twenty -Five Dollars and No Cents per Linear Foot 19 12 Ea. Furnish & Install Concrete Bollard $ 200.00 $ 2,400.00 complete in place, the sum of Two Hundred Dollars and No Cents per Each Furnish, Implement & Maintain Storm Water 20 1 L.S. Pollution Prevention Plan $ 12,000.00 $ 12,000.00 complete in place, the sum of Twelve Thousand Dollars and No Cents per Lump Sum J:AC1ciicalVAnna\2014-111 llackbcrry EST Ofrsitc WL\Spccs\ContractVI1-P&BS-2.x1sx PBS-29 Proposal and Bid Form Item Estimated Price in Extended No. Quantity Unit Description and Price in Words Figures Amount 21 1 L.S. Design Trench Safety Plan $ 6,000.00 $ 6,000.00 complete in place, the sum of Six Thousand Dollars and No Cents per Lump Sum 22 1 L.S. Implement Trench Safety Systems $ 6,000.00 $ 6,000.00 complete in place, the sum of Six Thousand Dollars and No Cents per Lump Sum 23 1 L.S. Furnish Erosion Control Plan $ 3,000.00 $ 3,000.00 complete in place, the sum of Three Thousand Dollars and No Cents per Lump Sum Furnish, Install, Maintain & Remove Erosion 24 1 L.S. Control Measures $ 3,000.00 $ 3,000.00 complete in place, the sum of Three Thousand Dollars and No Cents per Lump Sum 25 1 L.S. Furnish, Implement & Maintain Traffic Control Plan $ 2,500.00 $ 2,500.00 complete in place, the sum of Two Thousand, Five Hundred Dollars and No Cents per Lump Sum 26 26,480 S.Y. Furnish, Install and Maintain Hydromulch Seeding $ 1.50 $ 39,720.00 complete in place, the sum of One Dollars rCcand Fifty Cents per Square Yard TOTAL AMOUNT BID (Items 1 Through 26) $ 737,284.50 J:AC1ciicalVAnna\2014-111 llackbcrry EST Ofrsitc WL\Spccs\ContractVI1-P&BS-2.x1sx PBS-30 Proposal and Bid Form BID PROPOSAL FOR HACKBERRY ELEVATED STORAGE TANK OFFSITE WATER LINE Recapitulations TOTAL BID: $ 737,284.50 Notice of award will be mailed to the undersigned at the following addresses: W. Brown Enterprises, Inc. Contractor W. Scott Brown, President 2905 N. 1 st Ave., Durant, OK 74701 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): None j1clericahanna\2014-111 hackberry est offsite wkspecs\contract\12-p&bs-ldoc - 31 - Proposal and Bid Form 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: HACKBERRY ELEVATED STORAGE TANK OFFSITE WATER LINE The undersigned Contractor hereby requests a Certificate of Exemption from the Texas Limited Sales, Excise, and Use Tax in the amount of ($ ), which is an amount not exceeding the contract price of all materials and other tangible personal property to be furnished in connection with the subject property. The undersigned hereby represents that such materials and property have been or will be utilized in the performance of the Contract Agreement to the full extent or the amount for which such Certificate of Exemption is requested. (Seal if a Corporation) Signature: Title: W. Brown Enterprises, Inc. Company W. Scott Brown (please print) President 2905 N. 1 st Ave. Address Durant, Bryan County, OK 74701 City, County, State and Zip (580) 931-7442 Telephone 580) 924-8226 Fax j1clericahanna\2014-111 hackberry est offsite wkspecs\contract\12-p&bs-ldoc - 32 - Proposal and Bid Form CONTRACT AGREEMENT THIS Hackberry Elevated Storage Tank Offsite Water Line Contract (hereinafter this "Contract Agreement") entered into this day of , 2015 by and between the CITY OF ANNA, TEXAS, a Texas municipal corporation, ("City") and W. Brown Enterprises, Inc. ("Contractor"), located at 2905 N. 1st Ave., Durant, OK 74701. WITNESSETH: WHEREAS, the City wishes to contract for the project identified as Hackberry Elevated Storage Tank Offsite Water Line (the "Project"); and WHEREAS, the Project shall include all work and activities necessary to complete the following scope of work (hereinafter referenced as "Work"): HACKBERRY ELEVATED STORAGE TANK OFFSITE WATER LINE in accordance with the Contract Documents as that term is defined herein; and WHEREAS, the Contractor has represented to the City that its personnel are qualified to provide the Work required in this Contract Agreement in a professional, timely manner as time is of the essence; and WHEREAS, the City has relied upon the above representations by the Contractor; and WHEREAS, the City's consulting engineer has recommended that an agreement for aforesaid construction be entered into with the Contractor; NOW, THEREFORE, for and in consideration of these premises, of the mutual covenants herein set forth, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: Section 1. DOCUMENTS INCORPORATED BY REFERENCE This Contract Agreement includes the recitals set forth above and the following documents: Invitation to Bid; Notice to Bidders; Qualification Statement of Bidders; Qualification Statement of Bidder's Surety; Prevailing Wage Rates for Municipal Construction in Anna, Texas; Vendors Compliance to State Law; Conflicts of Interest Questionnaire; Affidavit Against Prohibited Acts; Proposal and Bid Form; Request for Certificate of Exemption from Texas Limited Sales, Excise and Use Tax; Contract Agreement; Bidders Bond; Performance Bond; Payment Bond; Maintenance Bond; Certificate of Insurance; jAclericahanna\2014-111 hackberry est offsite wl\specs\contract\13-agreement.doc CA-1 Contract Agreement Notice to Proceed; Any executed Change Orders; Supplementary General Provisions and Technical Specifications; and, Plans, Specifications and Drawings and all other documents made available to bidder for his inspection in accordance with Invitation to Bid,' all of which are hereby incorporated herein by reference, whether or not attached hereto, and made a part hereof (hereinafter along with this Contract Agreement and referenced collectively as the "Contract" or "Contract Documents"). Change Orders issued hereafter, Construction Change Directives, a Direction for a Minor Modification in the Work issued by the City, and any other amendments executed by the City and the Contractor, shall become and be a part of the Contract Documents. Documents not included or expressly contemplated in this Section 1 do not, and shall not, form any part of the Contract. The Contract Documents are intended to be complementary, and a requirement in one document shall be deemed to be required in all documents. However, in the event of any conflict between any of the above -listed documents and this Contract Agreement, this Contract Agreement shall control. Section 2. REPRESENTATIONS OF THE CONTRACTOR In order to induce the City to execute the Contract and recognizing that the City is relying thereon, the Contractor, by executing the Contract, makes the following express representations to the City: 2.01 The Contractor is fully qualified to act as the general contractor for the Project and has, and shall maintain, any and all licenses, permits or other authorizations necessary to act as the general contractor for, and to construct the Project; 2.02 The Contractor has become familiar with the Project site and the local conditions under which the Project is to be constructed and operated; 2.03 The Contractor has received, reviewed and examined all of the documents which make up the Contract, including, but not limited to all plans and specifications, and has found them to the best of its knowledge, to be complete, accurate, adequate, consistent, coordinated and sufficient for construction. Section 3. INTENT AND INTERPRETATION With respect to the intent and interpretation of the Contract, the City and the Contractor agree as follows: 3.01 This Contract Agreement (along with its exhibits and other documents expressly referenced in Section 1, above), together with the Contractor's and Surety's bid/proposal bond, performance and payment bonds, and maintenance bonds for the Project constitute the entire and exclusive agreements between the parties with reference to the Project, and said Contract supersedes any and all prior discussions, communications, representations, understandings, negotiations, or agreements. If plans, specifications or drawings are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. jAclericahanna\2014-111 hackberry est offsite wl\specs\contract\13-agreement.doc CA-2 Contract Agreement 3.02 Anything that may be required, implied or reasonably inferred by the documents which make up the Contract, or any one or more of them, shall be provided by the Contractor with no increase to the Contract Price; 3.03 Nothing contained in the Contract shall create, nor be interpreted to create, privity or any other relationship whatsoever between the City and any person except the Contractor; 3.04 When a word, term, or phrase is used in the Contract, it shall be interpreted or construed first, as defined herein; second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage; 3.05 Wherever the Contract calls for "strict" compliance or conformance with the Contract Documents as to matters —other than compliance with time limits, providing an updated schedule, and claim and change order procedures —the term shall mean within tolerances as described specifically in the Contract Documents, or if not specifically described, within industry standards and tolerances for deviation for the specific item or procedure in question; 3.06 The words "include", "includes", or "including", as used in the Contract, shall be deemed to be followed by the phrase, "without limitation"; 3.07 The listing herein of any items as constituting a material breach of the Contract shall not imply that any other, non listed item will not constitute a material breach of the Contract; 3.08 The Contractor shall have a continuing duty to read, examine, review, compare and contrast each of the documents which make up the Contract, shop drawings, and other submittals and shall give written notice to the City of any conflict, ambiguity, error or omission which the Contractor may find with respect to these documents, before proceeding with the associated part of the Work. The express or implied approval by the City or its designee of any shop drawings or other submittals shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor's compliance with the Contract. If the Contractor performs any activity knowing it involves an error, inconsistency or omission which was recognized, obvious, or reasonably should have been recognized, without such notice to the City, the Contractor shall assume responsibility for such performance and shall bear the costs for correction; 3.09 In the event of any conflict, discrepancy, or inconsistency among any of the documents which make up the Contract, the following shall control: (1) as between this Contract Agreement and any other document, this document shall govern; or, (2) in the case of any conflict, discrepancy or inconsistency among any of the other Contract Documents, and such conflict is not resolved by reference to the Supplementary General Provisions and Technical Specifications, then the Contractor shall notify the City immediately upon discovery of same for resolution. jAclericahanna\2014-111 hackberry est offsite wl\specs\contract\13-agreement.doc CA-3 Contract Agreement Section 4. CONTRACTOR'S PERFORMANCE The Contractor shall perform all of the Work required, implied or reasonably inferable from the Contract including, but not limited to, the following: 4.01 The Contractor will complete the entire Work described in the Contract Documents, except as specifically identified therein as the work of other parties or expressly excluded by specific reference, in accordance with the terms herein. 4.02 The furnishing of any and all required surety bonds and insurance certificate(s) and endorsement(s); 4.03 The provision or furnishing, and prompt payment therefor, of labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, disposal, power, fuel, heat, light, cooling, or other utilities, required for construction and all necessary building permits and other permits or licenses required for the construction of the Project; 4.04 The creation and maintenance of a detailed and comprehensive copy of the drawings, specifications, addenda, change orders and other modifications depicting all as -built construction. Said items shall be submitted to the City, along with other required submittals upon Completion of the Project, and receipt of same by the City shall be a condition precedent to final payment to the Contractor. The Contractor shall prepare and submit final as -built drawings to the City. Section 5. TIME FOR CONTRACTOR'S PERFORMANCE; DELAYS 5.01 The Contractor shall commence the performance of the Contract on the date set forth in the Notice to Proceed issued by the City Manager or the City Manager's designee and shall diligently continue its performance to and until Completion of the Project. The Contractor shall accomplish Completion (as defined herein below) of the Project not more than One Hundred Eighty (180) calendar days following the issuance of the Notice to Proceed, (sometimes hereinafter referred to as the "Contract Time"). This Contract Time includes Ten (10) inclement weather days. By signing the Contract, the Contractor agrees that the Contract Time is a reasonable time for accomplishing Completion of the Project and completion of the Project within the Contract Time is of the essence. 5.02 The Contractor shall pay the City the sum of $500 per day for each and every calendar day of unexcused delay in achieving Substantial Completion beyond the date set forth herein for Substantial Completion. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the City, estimated at the time of executing the Contract. When the City reasonably believes that Substantial Completion will be inexcusably delayed, the City shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the City to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for which the City has withheld payment, the City shall promptly release to the Contractor those funds withheld over and above what ultimately came due as liquidated damages; 5.03 The term "Substantial Completion", as used herein, shall mean the point at which, as certified in writing by the City's consulting architect/engineer or other appropriate independent contractor or representative and approved by the City, the Project is at a level of completion in strict jAclericahanna\2014-111 hackberry est offsite wl\specs\contract\13-agreement.doc CA-4 Contract Agreement compliance with the Contract such that the City or its designee can enjoy beneficial use or occupancy and can legally occupy, use or operate it in all respects, for its intended purpose. Partial use or occupancy of the Project shall not result in the Project being deemed substantially complete, and such partial use or occupancy shall not be evidence of Substantial Completion. 5.04 All limitations of time set forth herein are material and are of the essence of the Contract. 5.05 Contractor agrees to punctually and diligently perform all parts of the Work at the time scheduled in this Contract Agreement. In this connection, Contractor agrees that it will keep itself continually informed of the progress of the job and will, upon its own initiative, confer with the City so as to plan its Work in coordinated sequence with the work of the City, if any, and of others and so as to be able to expeditiously undertake and perform its work at the time most beneficial to the entire Project. The Contractor will be liable for any loss, costs, or damages sustained by the City for delays in performing the Work hereunder, other than for excusable delays, as set forth in 5.06 below, for which Contractor may be granted a reasonable extension of time. 5.06 If the Contractor is delayed at any time in the progress of the Work by any separate contractor employed by the City, or by changes in the Work, or by labor disputes, fire, unusual delay in transportation, unusually severe weather conditions, unavoidable casualties, delays specifically authorized by the City, or by causes beyond the Contractor's control, avoidance, or mitigation, and without the fault or negligence of the Contractor and/or subcontractor or supplier at any tier, then the contract time shall be extended by Change Order for such reasonable time, if any, as the City may determine that such event has delayed the progress of the Work, or overall completion of the Work if the Contractor complies with the notice and documentation requirements set forth below. (1) If the Contractor is delayed, obstructed, hindered or interrupted for a period of time exceeding seven calendar days by any act or neglect of the City, an adjustment shall be made for any increase in the direct cost of performance of this contract (excluding profit, extended home office overhead, incidental or consequential damages or disruption damages) and the Contract modified in writing accordingly. The Contractor must assert its right under this section by giving written notice to the City Manager 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 jAclericahanna\2014-111 hackberry est offsite wl\specs\contract\13-agreement.doc CA-5 Contract Agreement reasonably requested by the City to demonstrate a delay in the progress of the Work or the overall project completion. If the Contractor does not comply with the above notice and documentation requirements, the claim for the delay shall be waived by the Contractor. The above notice and documentation requirements shall also be a condition precedent to the Contractor's entitlement to any extension of time. (4) Extensions of time will be the contractor's primary remedy for any and all delays, obstructions, hindrances, or interference. Payment or compensation, for direct costs only (as set forth above), may be made to the Contractor for hindrances or delays solely caused by the City if such delays or hindrances are within the City's ability to control and are not partially caused by the Contractor or any of its agents, subcontractors or others for whom it is responsible. No payment or compensation will be made for interference, obstructions, hindrances or delays which are not solely caused by the City and which the City fails to cure after a reasonable period after written notice. (5) Without limitation, the City's exercise of its rights under provisions related to changes to the Work, regardless of the extent or number of such changes, or the City's exercise of any of its remedies or any requirement to correct or re -execute defective Work, shall not under any circumstances be construed as delays, hindrances or interference compensable further than as described herein. 6TTUreTim:- aKA=111:2N19IM_1LII1Z0167LIkIMIT" i:7_viLyy l=I'LlkK 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 Seven Hundred Thirty -Seven Thousand, Two Hundred Eighty -Four Dollars and Fifty Cents ($737,284.50). The price set forth in this Section 6.01 shall constitute the Contract Price, which shall not be modified except by Change Order or adjustment pursuant to approved unit prices, if any, as provided in the Contract. 6.02 The City shall pay the Contract Price to the Contractor in accordance with the procedures set forth in this Section 6 and as set forth here: (1) On or before the 10th calendar day of each month after commencement of performance, but no more frequently than once monthly, the Contractor may submit a payment request for the period ending the last calendar day of the previous month (the "Payment Request"). Said Payment Request shall be in such format and include whatever supporting information as may be required by the City. Therein, the Contractor may request payment for 90% of that part of the Contract Price allocable to Contract requirements properly provided, labor, materials and equipment properly incorporated in the Project, and materials or equipment necessary for the Project and properly stored at the Project site (or elsewhere if offsite storage is approved in writing by the City), less the total amount of previous payments received from the City. Payment for materials stored offsite shall be at the discretion of the City and if approved, the Contractor shall provide appropriate documentation to substantiate materials are stored in a bonded warehouse or facility, title or other proof of ownership has been transferred to the City, and that materials have been purchased and paid for by the Contractor (copies of paid invoices must be submitted to the City with payment request). Risk of loss shall be borne by, and insurance must be provided by the Contractor while in storage, transit and use during construction. At 75% completion of the Contract, by dollar value, and at the option of the City, retainage may be reduced to 5% plus an additional amount as detailed in Section 6.06 below for any part of the Work that is defective or non -conforming and in Section 5.02 above for anticipated liquidated damages. jAclericahanna\2014-111 hackberry est offsite wl\specs\contract\13-agreement.doc CA-6 Contract Agreement (2) Amounts reflected in Change Orders may be included in Payment Requests to the extent they are not in dispute and subject to final approval of cost to the City for such changes in work. (3) Each Payment Request shall be signed by the Contractor and shall constitute the Contractor's representation that the quantity of Work has reached the level for which payment is requested, that the Work has been properly installed or performed in strict compliance with the Contract, and that the Contractor knows of no reason why payment should not be made as requested. (4) Thereafter, the City shall review the Payment Request and may also review the Work at the Project site or elsewhere to determine whether the quantity and quality of the work is as represented in the Payment Request and is as required by the Contract. The amount of each such payment shall be the amount approved for payment by the City less such amounts, if any, otherwise owing by the Contractor to the City or which the City shall have the right to withhold as authorized by the Contract, subject to approval by the City. Approval of the Contractor's Payment Requests shall not preclude the City from the exercise of any of its rights as set forth in 6.06 herein below. (5) The submission by the Contractor of a Payment Request also constitutes an affirmative representation and warranty that all work for which the City has previously paid is free and clear of any lien, claim, or other encumbrance of any person whatsoever. As a condition precedent to payment, the Contractor shall, if required by the City, also furnish to the City properly executed waivers of lien or claim, in a form acceptable to the City, from all subcontractors, materialmen, suppliers or others having lien or claim rights, wherein said subcontractors, materialmen, suppliers or others having lien or claim rights, shall acknowledge receipt of all sums due pursuant to all prior Payment Requests and waive and relinquish any liens, lien rights or other claims relating to the Project site. Furthermore, the Contractor warrants and represents that, upon payment of the Payment Request submitted, title to all work included in such payment shall be vested in the City. 6.03 When payment is received from the City, the Contractor shall within seven calendar days pay all subcontractors, material men, laborers and suppliers the amounts they are due for the work covered by such payment. In the event the City becomes informed that the Contractor has not paid a subcontractor, material man, laborer, or supplier as provided herein, the City shall have the right, but not the duty, to issue future checks and payment to the Contractor of amounts otherwise due hereunder naming the Contractor and any such subcontractor, material man, laborer, or supplier as joint payees. The City shall notify the Contractor of its intent to implement such a procedure, and will give the Contractor a reasonable period to cure any such failure prior to implementing the procedure. Such joint -check procedure, if employed by the City, shall create no rights in favor of any person or entity beyond the right of the named payees to payment of the check as a co -payee and shall not be deemed to commit the City to repeat the procedure in the future. 6.04 Neither payment to the Contractor, full or partial utilization of the Project for any purpose by the City, nor any other act or omission by the City shall be interpreted or construed as an acceptance of any work of the Contractor not strictly in compliance with the Contract; 6.05 After written notice to the Contractor and a reasonable opportunity to cure, the City shall have the right to refuse to make payment, in whole or in part, and, if necessary, may demand the return of a portion or all of the amount previously paid to the Contractor due to: jAclericahanna\2014-111 hackberry est offsite wl\specs\contract\13-agreement.doc CA-7 Contract Agreement (1) The quality of a portion, or all, of the Contractor's work not being in accordance with the requirements of the Contract; (2) The quantity of the Contractor's work not being as represented in the Contractor's Payment Request, or otherwise; (3) The Contractor's rate of progress being such that, in the opinion of the City, Substantial Completion may be inexcusably delayed; (4) The Contractor's failure to use Contract funds, previously paid the Contractor by the City, to pay Contractor's Project -related obligations including, but not limited to, subcontractors, laborers and material and equipment suppliers; (5) Claims made, or likely to be made, against the City or its property for which the Contractor or its agents or subcontractors or others for whom it is responsible are, or reasonably appear to be at fault; (6) Loss caused by the Contractor; (7) The Contractor's failure or refusal to perform any of its obligations to the City, after written notice and a reasonable opportunity to cure as set forth above. In the event that the City makes written demand upon the Contractor for amounts previously paid by the City as contemplated in this Section 6.05, the Contractor shall promptly comply with such demand. The City's rights hereunder survive the term of this Contract Agreement, are not waived by final payment and/or acceptance, and are in addition to Contractor's obligations elsewhere herein. 6.06 When the Contractor believes that Substantial Completion has been achieved, the Contractor shall notify the City in writing and shall furnish a listing of those matters, if any, yet to be finished. The City will thereupon conduct a site review to confirm that the Project is in fact substantially complete. If the City, through its review, finds that the Contractor's work is not substantially complete, and is required to repeat all, or any portion, of such review, the Contractor shall bear the cost of such repeat site review(s), which cost may be deducted by the City from any payment then or thereafter due to the Contractor. Guarantees and equipment warranties required by the Contract shall commence on the date of Substantial Completion. Upon Substantial Completion, the City shall pay the Contractor an amount sufficient to increase total payments to the Contractor to 100% of the Contract Price less any amounts attributable to damages, and less 150% of the costs, as reasonably determined by the City, incurred for the City to complete any incomplete work, correcting and bringing into conformance all defective and nonconforming work, and handling any outstanding or threatened claims. Such a calculation by the City of costs for completing all incomplete work, correcting and bringing into conformance all defective and nonconforming work, and handling any outstanding or threatened claims shall not bar the City from exercising its stated rights elsewhere in the Contract, or otherwise as provided by law for any incomplete, defective or nonconforming work or claims that are discovered by the City after the date of making such calculation or after the date of any partial or final payment, whether or not such incomplete, defective or nonconforming work or claims were obvious or should have been discovered earlier. 6.07 When the Project is finally complete and the Contractor is ready for a final review, it shall notify the City thereof in writing. Thereupon, the City will perform a final site review of the Project. If the City concurs that the Project is complete in full accordance with the Contract and that the Contractor has performed all of its obligations to the City hereunder, the Contractor will furnish a final Approval for Payment to the City certifying to the City that the Project is complete and the jAclericahanna\2014-111 hackberry est offsite wl\specs\contract\13-agreement.doc CA-8 Contract Agreement Contractor is entitled to the remainder of the unpaid Contract Price, less any amount withheld pursuant to the Contract. If the City is unable to issue its final Approval for Payment and is required to repeat its final review of the Project, the Contractor shall bear the cost of such repeat review(s), which costs may be deducted by the City from the Contractor's final payment; 6.08 The City shall, subject to its rights set forth in Section 6.06 above and elsewhere in the Contract, endeavor to make final payment of all sums due the Contractor within 30 calendar days of the final Approval for Payment, with the exception of items in dispute or concerning which the City has exercised any of its rights to investigate or remove. Section 7. INFORMATION AND MATERIAL SUPPLIED BY THE CITY 7.01 The City has furnished to the Contractor, prior to the execution of this Contract Agreement, all written and tangible material in its possession relevant to the conditions at the site of the Project. Such written and tangible material has been furnished to the Contractor only in order to make complete disclosure of such material as being in the possession of the City and for no other purpose. By furnishing such material, the City does not represent, warrant, or guarantee its accuracy either in whole, in part, implicitly or explicitly, or at all. 7.02 Differing site conditions. The Contractor shall promptly, and before such conditions are disturbed, notify the City in writing of: (1) subsurface or latent physical conditions at the site differing materially from those indicated in the contract, or (2) unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in this contract. The City shall investigate the conditions, and if it finds that such conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the Work under the Contract, whether or not changed as a result of such conditions, an adjustment shall be made, through negotiation and mutual agreement, and the contract modified in writing accordingly. Section 8. CEASE AND DESIST ORDER/OWNER'S RIGHT TO PERFORM WORK 8.01 In the event the Contractor fails or refuses to perform the Work, or any separable part thereof, as required herein, or with the diligence that will ensure its proper, timely completion in accordance with the contract documents, the City may instruct the Contractor, by written notice, to cease and desist further Work, in whole or in part, or to correct deficient Work. Upon receipt of such instruction, the Contractor shall immediately cease and desist, or proceed, as instructed by the City. In the event the City issues such instructions to cease and desist, the Contractor must, within seven calendar days of receipt of the City's instructions, provide a written, verified plan to eliminate or correct the cause of the City's order, which plan appears to the City to be reasonable, actually attainable and in good faith. In the event that the Contractor fails and/or refuses to provide such a plan or diligently execute an approved plan, then the City shall have the right, but not the obligation, to carry out the Work, or any portion thereof, with its own forces, or with the forces of another contractor, and the Contractor shall be fully responsible and liable for the costs of the City performing such work, which costs may be withheld from amounts due to the Contractor from the City. The rights set forth herein are in addition to, and without prejudice to, any other rights or remedies the City may have against the Contractor. If Work completed by the City or other contractor affects, relates to, is to be attached onto or extended by later Work of the Contractor, the Contractor shall, prior to proceeding with the later Work, and to the extent visible, report any apparent defects or variance from the Contract requirements which would render the Contractor's later Work not in compliance with the Contract requirements or defective or not in compliance with warranties or other obligations of the Contractor hereunder. jAclericahanna\2014-111 hackberry est offsite wl\specs\contract\13-agreement.doc CA-9 Contract Agreement 8.02 The provisions of this section shall be in addition to the City's ability to remove portions of the Work from the Contract and complete it separately. Section 9. CONTRACTOR'S DUTIES, OBLIGATIONS AND RESPONSIBILITIES In addition to any and all other duties, obligations and responsibilities of the Contractor set forth in the Contract Documents, the Contractor shall have and perform the following duties, obligations and responsibilities to the City: 9.01 Reference is hereby made to the continuing duties set forth in Section 3.08 above, which are by reference hereby incorporated in this Section 9.01. The Contractor shall not perform work without adequate plans and specifications, or without, as appropriate, approved shop drawings, or other submittals. If the Contractor performs work knowing or believing, or if through exercise of reasonable diligence it should have known that such work involves an error, inconsistency or omission in the Contract without first providing written notice to the City, the Contractor shall be responsible for such work and shall correct same bearing the costs set forth in Section 3.08 above. 9.02 All work shall strictly conform to the requirements of the Contract. To that end, the Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work, unless otherwise specified in the Contract Documents; 9.03 The work shall be strictly supervised, the Contractor bearing full responsibility for any and all acts, errors or omissions of those engaged in the work on behalf of the Contractor, including, but not limited to, all subcontractors and their employees. The Contractor shall maintain an on - site superintendent while any portion of the Work is being performed. The Contractor shall operate exclusively in the capacity of the City's independent contractor as to all work it performs under the Contract, and not as an agent, employee, or representative of the City; 9.04 The Contractor hereby warrants that all laborers furnished under the Contract shall be qualified and competent to perform the tasks undertaken, that the product of such labor shall yield only first-class results, that all materials and equipment provided shall be new (unless otherwise specified) and of high quality, that the completed work will be complete, of high quality, without defects, and that all work strictly complies with the requirements of the Contract. Any work not strictly complying with the requirements of this the Contract shall constitute a breach of the Contractor's warranty. 9.05 The Contractor will be responsible for acquiring all required permit(s)—except as specifically stated in Section 22.01 below —and calling for all required or routine inspections. The Contractor will cooperate with and abide by the decision of inspectors having jurisdiction. Should the Contractor have a dispute with any inspector or entity having jurisdiction, the Contractor shall promptly notify the City Manager or the City Manager's designee. The Contractor shall comply with all legal requirements applicable to the work 9.06 The Contractor shall employ and maintain at the Project site only competent, qualified full time supervisory personnel. Key supervisory personnel assigned by the Contractor to this Project are as follows: NAME FUNCTION jAclericahanna\2014-111 hackberry est offsite wl\specs\contract\13-agreement.doc CA-10 Contract Agreement If at any time the City reasonably determines that any employee of the Contractor is not properly performing the Work in the best interest of the City or the Project, or is hindering the progress of the Work, or is otherwise objectionable, the City shall so notify the Contractor, which shall replace the employee as soon as possible, at no increased cost to the City. 9.07 The Contractor must submit to the City the Contractor's schedule for completing the work prior to submittal of the first application for payment. The City will not review any payment request until such schedule has been submitted and approved. Such schedule shall be in a form as specified in the Contract or which shall have been approved by the City Manager or the City Manager's designee, and which shall provide for expeditious and practicable construction of the Project. The Contractor's schedule shall be updated no less frequently than monthly (unless the parties otherwise agree in writing) and shall be updated to reflect conditions encountered from time to time and shall apply to the total project. Each such revision shall be furnished to the City. Strict compliance with the requirements of this Section 9.07 shall be a condition precedent to payment to the Contractor, and failure by the Contractor to strictly comply with said requirements shall constitute a material breach of the Contract. 9.08 The Contractor shall keep an updated copy of the Contract Documents at the site. Additionally, the Contractor shall keep a copy of approved shop drawings and other submittals. All of these items shall be available to the City during all regular business hours. 9.09 Shop drawings and other such submittals from the Contractor do not constitute a part of the Contract. The Contractor shall not do any work requiring shop drawings or other submittals unless such shall have been approved in writing by the City or as required by the Contract Documents. All work requiring approved shop drawings or other submittals shall be done in strict compliance with such approved documents or Contract requirements. However, approval by the City shall not be evidence that work installed pursuant thereto conforms with the requirements of the Contract, and shall not relieve the Contractor of responsibility for deviations from the Contract unless the City has been specifically informed of the deviation by a writing incorporated in the submittals and has approved the deviation in writing. The delivery of submittals shall constitute a representation by the Contractor that it has verified that the submittals meets the requirements of the Contract, or will do so, including field measurements, materials and field construction criteria related thereto. The City shall have no duty to review partial submittals or incomplete submittals. The Contractor shall have the duty to carefully review, inspect, examine and physically stamp and sign any and all submittals before submission of same to the City. 9.10 The Contractor shall maintain the Project site and adjacent areas affected by its work and/or the acts of its employees, materialmen and subcontractors in a reasonably clean condition during performance of the work. Upon substantial completion, the Contractor shall thoroughly clean the Project site of all debris, trash and excess materials or equipment. If the Contractor fails to do so, the City may complete the cleanup, by its own forces or by separate contract, and shall be entitled to charge the Contractor for same through the collection or withholding of funds through the mechanisms provided elsewhere in this Contract Agreement; jAclericahanna\2014-111 hackberry est offsite wl\specs\contract\13-agreement.doc CA-11 Contract Agreement 9.11 At all times relevant to the Contract, the Contractor shall permit the City and its consultants to enter upon the Project site and any offsite lay down areas, safety permitting, and to review or inspect the work and any materials on any such site, without formality or other procedure. 9.12 The Contractor recognizes that the City may enter into other contracts to perform work relating to the Project, or to complete portions of the Work itself. The Contractor shall ensure that its forces reasonably accommodate the forces of the City and other contractors hired by the City. The Contractor shall coordinate its schedule with the work of other contractors. If the Contractor claims that delay or damage results from these actions of the City, it shall promptly submit a claim as provided herein. 9.13 Protection of persons and property. (1) It shall be the responsibility of the Contractor to initiate, continue and supervise all safety programs and precautions in the performance of the terms of the Contract. The Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to its employees, subcontractors' employees, employees of the City and members of the public, the Work itself and unassembled components thereof, and other property at the site or adjacent thereto. As part of the Contractor's obligations hereunder, the Contractor shall erect and maintain all necessary and prudent safeguards, barriers, signs, warnings, etc. (2) With notice to the City, the Contractor shall promptly remedy loss or damage to the Work or any person or property described herein caused in whole or in part by the acts of the Contractor or any subcontractor, sub -subcontractor or materialman. This obligation shall be in addition to the requirements of Section 10 herein. The City may direct the Contractor to remedy known violations of applicable laws, rules, regulations, and interpretations related to safety when and if observed on the site. However, through exercising this authority the City shall not incur any obligations to monitor, initiate, continue, or supervise safety programs and precautions such to diminish the Contractor's primary role in same. The City shall have the right to report suspected safety violations to the Occupational Safety and Health Administration (OSHA) or other appropriate authorities. (3) The Contractor shall promptly notify the City upon discovery of any unidentified material which Contractor reasonably believes to be asbestos, lead, PCB, or other hazardous material, and shall immediately stop work in the affected area of the Project. The Contractor shall not be responsible for removal or other work with regard to such hazardous material unless otherwise agreed between the City and the Contractor. In the case of work stopped due to the discovery of hazardous materials, Section 6 shall apply to claims for delay, hindrance or interference. Work will resume in the affected area of the Project immediately after such time as the hazardous material has been removed or rendered harmless, as certified by an industrial hygienist to be engaged by the City. 9.14 The Contractor warrants to the Owner that materials and equipment furnished under the Contract are of good quality and new unless otherwise required or permitted under the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If jAclericahanna\2014-111 hackberry est offsite wl\specs\contract\13-agreement.doc CA-12 Contract Agreement required by the Owner, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. Section 10. INDEMNITY Except for expenses or liabilities arising from the negligence of the 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 jAclericahanna\2014-111 hackberry est offsite wl\specs\contract\13-agreement.doc CA-13 Contract Agreement Section 11.03 and as required elsewhere under the Contract shall constitute a waiver by the Contractor of any rights arising out of or relating to such concealed and unknown condition; 11.04 In the event the Contractor seeks to make a claim for an increase in the Contract Price, as a condition precedent to any liability of the City therefor, unless emergency conditions exist, the Contractor shall strictly comply with the requirements of Section 11.01 above and such claim shall be made by the Contractor before proceeding to execute any work for which a claim is made. Failure to comply with this condition precedent shall constitute a waiver by the Contractor of any claim for additional compensation; 11.05 In connection with any claim by the Contractor against the City that would result in compensation in excess of the Contract Price, any liability of the City for the Contractor's cost in this regard shall be limited to those cost categories set forth in Section 13.07 below. Section 12. SUBCONTRACTORS 12.01 Prior to execution of the Contract, the Contractor shall have identified to the City in writing, those parties required to be listed on the proposal form as subcontractors on the Project. Any changes to this list at any time shall be subject to the prior approval of the City. The City shall, in writing, state any objections the City may have to one or more of such subcontractors. The Contractor shall not enter into a subcontract with an intended subcontractor to whom the City objects. If at any time the City objects to a subcontractor, the Contractor shall solicit proposals from potential replacements and shall submit the three lowest proposals to the City, along with the Contractor's proposed choice as replacement. If the approved replacement subcontractor's cost is verified to be higher than the removed subcontractor, the excess shall be added to the Contract Price, unless the subcontractor in question has to be removed due to a default, or deficient performance. If the approved replacement subcontractor's cost is lower than the removed subcontractor, the difference shall be deducted from the Contract Price. Subcontractor markups shall be limited to those listed in Section 13.07 below. All subcontracts shall afford the Contractor rights against the subcontractor which correspond to those rights afforded to the City against the Contractor herein, including those rights of Contract termination as set forth herein below. 12.02 Each and every subcontract related to the Project is hereby assigned by the Contractor to the City, contingent upon the termination of the Contract for default or convenience as provided herein, and only as to those subcontracts which the City accepts in writing directed to the Contractor. This contingent assignment is subject to the prior rights of any surety obligated under a bond related to the Contract. This contingent assignment will operate prospectively from the effective date of assignment, and will not obligate the City to any liabilities existing on the effective date of the assignment, or arising from events, acts, failures to act, facts or circumstances existing prior to the effective date of the assignment. The contracts subject to this contingent assignment shall also be further assignable by the City, at the City's sole option. The Contractor shall bear the responsibility of notifying subcontractors of this contingent assignment and including it in all subcontracts in connection with the Project. Section 13. CHANGE ORDERS 13.01 The City Manager or the City Manager's express designee shall be the sole authorized representative of the City. Other than in matters of public safety or in time of emergency management, the Contractor shall not take direction or act upon information from any City personnel other than the City Manager's expressly authorized designee(s). jAclericahanna\2014-111 hackberry est offsite wl\specs\contract\13-agreement.doc CA-14 Contract Agreement 13.02 One or more changes to the work within the general scope of the Contract may be ordered by Change Order. The City may also issue written directions for minor changes in the Work and may issue Construction Change Directives, as set forth below. The Contractor shall proceed with any such changes or Construction Change Directives without delay and in a diligent manner, and same shall be accomplished in strict accordance with the following terms and conditions: 13.03 Change Order shall mean a written order directed to the Contractor executed by the City after execution of the Contract, directing a change in the work. A Change Order may include a change in the Contract Price, (other than a change attributable to damages for delay as provided in Section 6 hereof), or the time for the Contractor's performance, or any combination thereof. Where there is a lack of total agreement on the terms of a Change Order or insufficient time to execute a bilateral change, the City may also direct a change in the Work in the form of a Construction Change Directive, which will set forth the change in the Work and the change, if any, in the Contract Price or time for performance, for subsequent inclusion in a Change Order; Construction Change Directives shall include a not -to -exceed preliminary price, against which the Contractor may begin billing (subject to the requirements for pay applications elsewhere herein) as the work is performed. (1) The Contractor shall furnish a price breakdown, itemized as required and within the time specified by the City, with any proposal for a contract modification. (2) The price breakdown (a) must include sufficient detail to permit an analysis of all costs for material, labor, equipment and subcontracts, and (b) must cover all work involved in the modification, whether the work was deleted, added or changed. (3) The Contractor shall provide similar price breakdowns to support any amounts claimed for subcontracts. (4) The Contractor's proposal shall include a complete justification for any time extension proposed. 13.04 Any change in the Contract Price resulting from a Change Order shall be determined as follows: (1) By mutual agreement between the City and the Contractor as evidenced by (a) the change in the Contract Price being set forth in the Change Order, (b) such change in the Contract Price, together with any conditions or requirements relating thereto, being initialed by both parties and (c) the Contractor's execution of the Change Order; or, (2) If no mutual agreement occurs between the City and the Contractor, the change in the Contract Price, if any, shall be derived by determining the reasonable actual costs incurred or savings achieved, resulting from revisions in the work. Such reasonable actual costs or savings shall include a component for direct job site overhead and profit but shall not include home -office overhead or other indirect costs or components. The calculation of actual costs shall conform to the markup schedule in Section 13.07 below. Any such costs or savings shall be documented in the format, and with such content and detail as the City requires. The Contractor shall promptly submit such documentation and other supporting materials as the City may require in evaluating the actual costs incurred or to be incurred. jAclericahanna\2014-111 hackberry est offsite wl\specs\contract\13-agreement.doc CA-15 Contract Agreement 13.05 The execution of a Change Order by the Contractor shall constitute conclusive evidence of the Contractor's agreement to the ordered changes in the work, the Contract as thus amended, the Contract Price and the time for performance by the Contractor, regardless of the nature, amount or extent of the changes. The Contractor, by executing the Change Order, waives and forever releases any claim against the City for additional time or compensation for matters relating to, arising out of or resulting from the work included within or affected by the executed Change Order of which the Contractor knew or should have known. 13.06 The Contractor shall notify and obtain the consent and approval of the Contractor's surety with reference to all Change Orders if such notice, consent or approval are required by the City, the Contractor's surety or by law. The Contractor's execution of the Change order shall constitute the Contractor's warranty to the City that the surety has been notified of, and consents to, such Change Order and the surety shall be conclusively deemed to have been notified of such Change Order and to have expressly consented thereto. 13.07 For the purpose of Change Orders, the following definitions of terms and other restrictions apply: Contractor's or Subcontractor's Materials shall include the cost of materials, sales tax, and the cost of all transport. The cost of items listed shall be directly related to the Change Order. Indirect costs not specifically related to the Change Order shall not be considered. Contractor's or Subcontractor's Direct Labor Cost shall be limited to the hourly rate of directly involved workmen, employer contributions towards company standard benefits, pensions, unemployment or social security (if any), and employer costs for paid sick and annual leave. Contractor's or Subcontractor's Overhead shall include license fees, bond premiums, supervision, wages of timekeepers and clerks, incidentals, home and field office expense, and vehicle expense directly related to the Project, and all other direct Project expenses not included in the Contractor's materials, direct labor, and equipment costs. The allowance for Overhead and Profit shall be limited to the following schedule For the Contractor, for any work performed by the Contractor's own forces, 10% of the Subtotal of Costs to the Contractor. 2. For the Contractor, for any work performed by his Subcontractor, 5% of the amount due the Subcontractor. 3. For each Subcontractor or Sub -subcontractor involved, for any work performed by their own forces, 10% of their materials and direct labor costs. 4. For each Subcontractor, for work performed by his Sub-subcontractor(s), 5% of the amount due the Sub -subcontractor. jAclericahanna\2014-111 hackberry est offsite wl\specs\contract\13-agreement.doc CA-16 Contract Agreement For Change Orders, the total cost or credit to the Owner shall be based on the following schedule: Contractor's Materials Cost + Contractor's Direct Labor Costs + Contractor's Equipment Costs (includes owned/rental equipment)2 + Applicable Subcontractor Costs = Subtotal of Costs to the Contractor + Contractor's Overhead and Profit = Total Cost or Credit to the Owner 13.08 Nothing Contained in this section shall be deemed to contradict or limit the terms of Section 6.05 above. Section 14. DISCOVERING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK 14.01 In the event that the Contractor covers, conceals or obscures its work in violation of the Contract or in violation of an instruction from the City, such work shall be uncovered and displayed for review by the City and/or its consultants upon request, and shall be reworked at no cost in time or money to the City. 14.02 If any of the work is covered, concealed or obscured in a manner not covered by Section 14.01 above, it shall, if directed by the City, be uncovered and displayed for the City and/or its consultants. If the uncovered work conforms strictly with the Contract, the costs incurred by the Contractor to uncover and subsequently, replace such work shall be borne by the City. Otherwise, such costs shall be borne by the Contractor. 14.03 The Contractor shall, at no cost in time or money to the City, correct work rejected by the City as defective or failing to conform to the Contract. Additionally, the Contractor shall reimburse the City for all testing, review, inspections and other expenses incurred as a result thereof. 14.05 In addition to its warranty obligations set forth elsewhere in this Contract Agreement and any manufacturer's warranties provided on the Project, and in addition to other remedies provided herein or by law to the City, the Contractor shall be specifically obligated to promptly correct any and all defective or nonconforming work, whether obvious or after -discovered, for a period of 12 months following Substantial Completion upon written direction from the City. 14.06 The City may, but shall in no event be required to, choose to accept defective or nonconforming work. In such event, the Contract Price shall be reduced by the greater of (1) the reasonable costs of removing and correcting the defective or nonconforming work, or (2) the difference between the fair market value of the Project as constructed and the fair market value of the Project had it not been constructed in such a manner as to include defective or nonconforming work. If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate the City for the acceptance of defective or nonconforming work, the Contractor shall, upon 1 Owned Equipment For equipment owned by the Contractor, actually used in Change Order work including sales tax, or any related business entity, regardless of whether Contractor leases such equipment from the related business entity, the cost shall be the lesser of (i) the Contractor's actual ownership cost, or (ii) 85% of the applicable ownership cost listed in the most recent edition of the Contractor's Equipment Cost Guide, published by Dataquest. Third Party Rental Equipment For equipment actually rented by the Contractor, actually used in Change Order work including sales tax, from an unrelated third party, the cost shall be the lesser of (i) the Contractor's actual rental cost, or (ii) 85% of the applicable equipment rates based on the most recent edition of the Rental Rate Bluebook for Construction published by Dataquest. A reasonable rental cost shall be allowed as determined by the City Manager or the City Manager's designee when machinery and construction equipment not so listed is required. jAclericahanna\2014-111 hackberry est offsite wl\specs\contract\13-agreement.doc CA-17 Contract Agreement written demand from the City, pay the City such remaining compensation for accepting defective or nonconforming work. The Contractor shall have an opportunity to correct any defect or non- conformance prior to the City taking the above actions. The contractor, upon written notice of any defect or non-conformance, shall have 10 calendar days to make corrections, unless the City agrees that the correction will require more than 10 calendar days to correct. Section 15. CITY'S RIGHT TO SUSPEND CONTRACTOR'S PERFORMANCE 15.01 In addition to the City's rights under Section 8 and elsewhere in this Contract Agreement, the City shall have the right at any time to direct the Contractor to suspend its performance, or any designated part thereof when in the interests of the City. If any such suspension is directed by the City, the Contractor shall immediately comply with same. 15.02 In the event the City directs a suspension of performance under this section, through no fault of the Contractor, if the suspension is lifted other than by Termination, the City shall pay the Contractor as full compensation for such suspension the Contractor's ordinary and reasonable costs, actually incurred and paid, of: (1) demobilization and remobilization, including such justifiable costs paid to subcontractors (cost categories and markups limited to those set forth in Section 13.07 above); (2) preserving and protecting work in place; (3) approved storage of materials or equipment purchased for the Project, including insurance thereon; and (4) substantiated extended field office overhead (but no home -office overhead). 15.03 The City may order suspension of the Work in whole or in part for such time as deemed necessary because of the failure of the Contractor to comply with any of the requirements of this Contract Agreement, and the Contract Agreement's completion date shall not be extended on account of any such suspension of Work. When the City orders any suspension of the Work under this Section 15.03, the Contractor shall not be entitled to any payment for Work which the Contractor performs after notice of suspension and/or during the suspension period and shall not be entitled to any costs or damages resulting from such suspension. 15.04 The City's rights under this section shall be in addition to those contained elsewhere in the Contract or provided by law. Section 16. TERMINATION BY THE CITY The City may terminate the Contract in accordance with the following terms and conditions: 16.01 Termination for Convenience. The City may, when in the interests of the City, terminate performance under the Contract by the Contractor, in whole or in part, for the convenience of the City. The City shall give written notice of such termination to the Contractor specifying when termination becomes effective. The Contractor shall incur no further obligations in connection with the work so terminated, other than warranties and guarantees for completed work and installed equipment, and the Contractor shall stop work when such termination becomes effective. The Contractor shall also terminate outstanding orders and subcontracts for the affected work. The Contractor shall settle the liabilities and claims arising out of the termination jAclericahanna\2014-111 hackberry est offsite wl\specs\contract\13-agreement.doc CA-18 Contract Agreement of subcontracts and orders. The City may direct the Contractor to assign the Contractor's right, title and interest under termination orders or subcontracts to the City or its designee. The Contractor shall transfer title and deliver to the City such completed or partially completed work and materials, equipment, parts, fixtures, information and Contract rights as the Contractor has in its possession or control. When terminated for convenience, the Contractor shall be compensated as follows: (1) The Contractor shall submit a termination claim to the City specifying the amounts due because of the termination for convenience together with costs, pricing or other data required by the City. If the Contractor fails to file a termination claim within six months from the effective date of termination, the City shall pay the Contractor, an amount derived in accordance with subsection (3) below. (2) The owner and the Contractor may agree to the compensation, if any, due to the Contractor hereunder. (3) Absent agreement to the amount due to the Contractor, the owner shall pay the Contractor the following amounts: (a) Contract costs for labor, materials, equipment and other services accepted under the Contract; (b) Reasonable costs incurred in preparing to perform and in performing the terminated portion of the work, and in terminating the Contractor's performance, plus a fair and reasonable allowance for direct job site overhead and earned profit thereon (such profit shall not include anticipated profit or consequential damages); provided however, that if it reasonably appears that the Contractor would have not profited or would have sustained a loss if the entire Contract would have been completed, no profit shall be allowed or included and the amount of compensation shall be reduced to reflect the anticipated rate of loss, if any; (c) Reasonable costs of settling and paying claims arising out of the termination of subcontracts or orders pursuant to Subsection (3)(a) above —if contingent assignment of such contracts has not been elected as provided herein —shall not include amounts paid in accordance with other provisions of the Contractor. This clause is subject to and the Contractor shall be limited by the City's rights to direct the replacement of subcontractors under Section 12.01. The total sum to be paid the Contractor under this Subsection (3) shall not exceed the total Contract Price, as properly adjusted, reduced by the amount of payments otherwise made, and shall in no event include duplication of payment. 16.02 Termination for Cause. If the Contractor does not perform the work, or any part thereof, in a timely manner, supply adequate labor, supervisory personnel or proper equipment or materials, or if it fails to timely discharge its obligations for labor, equipment and materials, or proceeds to disobey applicable law, or otherwise commits a violation of a material provision of the Contract, then the City, in addition to any other rights it may have against the Contractor or others, may terminate the performance of the Contractor, in whole or in part at the City's sole option, and assume possession of the Project site and of all materials and equipment at the site and may complete the work. In such case, the Contractor shall not be paid further until the work is complete. After Completion has been achieved, if any portion of the Contract Price, as it may be modified jAclericahanna\2014-111 hackberry est offsite wl\specs\contract\13-agreement.doc CA-19 Contract Agreement hereunder, remains after the cost to the City of completing the work, including all costs and expenses of every nature incurred, has been deducted by the City, such remainder shall belong to the Contractor. Otherwise, the Contractor shall pay and make whole the City for such cost. This obligation for payment shall survive the termination of the Contract. In the event the employment of the Contractor is terminated by the City for cause pursuant to this Section 16.02 and it is subsequently determined by a Court of competent jurisdiction that such termination was without cause, such termination shall thereupon be deemed a Termination for Convenience under Section 16.01 and the provisions of Section 16.01 shall apply. 16.03 Termination for Non -Appropriation. The City may also terminate the Contract, in whole or in part, for non -appropriation of sufficient funds to complete or partially complete the Project, regardless of the source of such funds, and such termination shall be on the terms of Section 16.01. 16.04 The City's rights under this Section shall be in addition to those contained elsewhere herein or provided by law. Section 17. INSURANCE 17.01 Contractor shall be responsible for all damage to person and or property resulting from its negligent acts, reckless or intentional misconduct, errors or omissions or those of their subcontractors, agents or employees in connection with such services and shall be responsible for all parts of its work, both temporary and permanent. 17.02 Contractor shall, at its own expense, procure and maintain throughout the term of this Contract Agreement, with insurers acceptable to City, the types and amounts of insurance conforming to the minimum requirements set forth in this Contract Agreement. Contractor shall not commence work until the required insurance is in force and evidence of insurance acceptable to City has been provided to, and approved by, City. An appropriate Certificate of Insurance shall be satisfactory evidence of insurance. Until such insurance is no longer required by the Contract, Contractor shall provide City with renewal or replacement evidence of insurance at least 30 days prior to the expiration or termination of such insurance. 17.03 Workers' Compensation/Employer's Liability Insurance Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $1,000,000 for each accident. General Liability Insurance Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate. Automobile Liability Insurance Automobile Liability Insurance with bodily injury limits of not less than $1,00,000 for each person and not less than $1,000,000 for each accident, and with property damage limits of not less than $1,000,000 for each accident. jAclericahanna\2014-111 hackberry est offsite wl\specs\contract\13-agreement.doc CA-20 Contract Agreement 17.04 Contractor shall furnish insurance certificates or insurance policies at the City's request to evidence such coverages. Except for workers compensation, the insurance policies shall name the City as an additional insured, and shall contain a provision that such insurance shall not be canceled or reduced with respect to by coverages or endorsements without 30 days' prior written notice to OWNER and CONSULTANT. In such event, CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. 17.05 Compliance with these insurance requirements shall not limit the liability of Contractor. Any remedy provided to the City by any insurance maintained by the Contractor shall be in addition to and not in lieu of any other remedy (including, but not limited to, as an indemnitee of Contractor) available to the City under the Contract or otherwise. 17.06 Neither approval nor failure to disapprove insurance furnished by Contractor shall relieve Contractor from responsibility to provide insurance as required by this Contract Agreement. 17.07 Contractor shall deliver to City the required certificate(s) of insurance and endorsement(s) before City signs this Contract Agreement. 17.08 Contractor's failure to obtain, pay for, or maintain any required insurance shall constitute a material breach upon which City may immediately terminate or suspend this Contract Agreement. In the event of any termination or suspension, City may use the services of another consultant or consultants, without City's incurring any liability to Contractor. 17.09 At its sole discretion, City may obtain or renew Contractor insurance, and City may pay all or part of the premiums. Upon demand, Contractor shall repay CITY all monies paid to obtain or renew the insurance. City may offset the cost of the premium against any monies due Contractor from City. 17.10 The Contractor shall furnish to the City Certificates of Insurance allowing thirty (30) days notice for any change, cancellation, or non -renewal. Such Certificates shall contain the following wording: "SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN." If the insurance policies expire during the terms of the Contract, a renewal certificate or binder shall be filed with the City at least 30 days prior to the renewal date. 17.11 In addition to the coverages required herein, the Contractor shall furnish and maintain all-risk builder's risk property insurance, satisfactory to the City, upon the entire Work at the site to the full replacement cost of the completed project. This coverage shall name City as an additional insured, must include the interests of the Contractor, subcontractors and sub -subcontractors in the Work, and must be procured from an insurer licensed to do business in the State of Texas with a Best's rating of "A+, A, A-". The policy must insure against perils including, but not limited to, earthquake, fire, extended coverages, windstorm, lightning, flood, and physical loss or damage, including theft, vandalism and malicious mischief. Section 18. PERFORMANCE AND PAYMENT BONDS; SURETY BONDS 18.01 Contractor shall provide City with a Performance Bond, a Payment Bond, and a Maintenance Bond meeting the standards specified in the Contract Documents, on the forms provided by the jAclericahanna\2014-111 hackberry est offsite wl\specs\contract\13-agreement.doc CA-21 Contract Agreement City, and attached hereto, with a Power of Attorney Affidavit, each in an amount not less than the Contract price. 18.02 Sureties' qualifications. All bonds, to the extent required under the Contract, including, but not by way of limitation, any Bid/Proposal Bond, Performance Bond, Payment bond, or Maintenance Bond shall be written through a reputable and responsible surety bond agency licensed to do business in the State of Texas and with a surety which holds a certificate of authority authorizing it to write surety bonds in Texas and maintains a current certificate of authority as an acceptable surety on Federal Bonds in accordance with U.S. Department of Treasury Circular 570. However, if the amount of the bond exceeds the underwriting limitations set forth in the Circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the Circular and the excess risk must be protected by co-insurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (3) CFR Section 223.10 - Section 223.111 and the surety company shall provide the City with evidence satisfactory to the City, that such excess risk has been protected in an acceptable manner. 18.03 Additional or replacement bond. It is further mutually agreed between the parties hereto that if, at any time, the City shall deem the surety or sureties upon any bond to be unsatisfactory, or if, for any reason, such bond (because of increases in the work or otherwise) ceases to be adequate, the Contractor shall, at its expense within five days after the receipt of notice from the City so to do, furnish an additional or replacement bond or bonds in such form, amount, and with such surety or sureties as shall be satisfactory to the City. In such event, no further payments to the Contractor shall be deemed to be due under the Contract until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the City. 18.04 As applicable to all bonds required under the Contract, the surety company shall have a Texas agent whose name shall be listed in the prescribed space on the forms provided by the City for all bonds required by the City, or otherwise listed therein if the form of the Bond is not prescribed by the City. Section 19. PROJECT RECORDS All documents relating in any manner whatsoever to the Project, or any designated portion thereof, which are in the possession of the Contractor, or any subcontractor of the Contractor, shall be made available to the City and/or its consultants for inspection and copying upon written request by the City. Furthermore, said documents shall be made available, upon request by the City, to any state, federal or other regulatory authority and any such authority may review, inspect and copy such records. Said records include, but are not limited to, all drawings, plans, specifications, submittals, correspondence, minutes, memoranda, tape recordings, videos, or other writings or things which document the Project, its design, and its construction. Said records expressly include those documents reflecting the cost of construction to the Contractor. The Contractor shall maintain and protect these documents for not less than three years after completion of the Project, or for any longer period of time as may be required by law or good construction practice. The Contractor further agrees to include these provisions in any subcontracts issued by him in connection with this Contract Agreement. Section 20. APPLICABLE LAW The laws of the State of Texas shall govern this Contract Agreement. In any litigation arising under this Contract Agreement, the parties agree to a waiver of the right to a trial before a jury, and all such litigation shall be litigated only in a non -jury hearing in Collin County, Texas. jAclericahanna\2014-111 hackberry est offsite wl\specs\contract\13-agreement.doc CA-22 Contract Agreement Section 21. SUCCESSORS AND ASSIGNS Each party binds itself, its successors, assigns, executors, administrators or other representatives to the other party hereto and to successors, assigns, executors, administrators or other representatives of such other party in connection with all terms and conditions of the Contract. The Contractor shall not assign the Contract without prior written consent of the City. Section 22. MISCELLANEOUS PROVISIONS 22.01 Construction Permits. The City hereby agrees to waive the charge for a City -issued building permit for this Project. However, the Contractor is responsible for obtaining all permits or fees otherwise required of the Contractor by the Contract Documents, or permits and fees customarily the responsibility of the Contractor. 22.02 Compliance By Contractor: Nondiscrimination. Contractor shall comply with all Federal, State and local laws, ordinances, rules and regulations of any authorities throughout the duration of the Contract. The Contractor shall be responsible for compliance with any such law, ordinance, rule or regulation and shall hold City harmless and indemnify same in the event of non- compliance. Contractor further agrees to abide by the requirements under Federal Executive Order Number 11246, as amended, including specifically the provisions of the equal opportunity clause. 22.03 State and Local Taxes. Except as otherwise provided, contract prices shall include all applicable state and local taxes. Contractor shall indemnify and hold harmless the City for any loss, cost or expense incurred by, levied upon or billed to the City as a result of Contractor's failure to pay any tax of any type due in connection with this Contract Agreement. Contractor shall ensure that the above sections are included in all subcontracts and sub -subcontracts, and shall ensure withholding on out of state sub and sub -subcontractors to which withholding is applicable. 22.04 Any and all notices required to be sent under the Contract or otherwise shall be sent to the following: If to the City: City of Anna Attn: City Manager 111 North Powell Parkway P.O. Box 776 Anna, Texas 79406 If to the Contractor: W. Brown Enterprises, Inc. Attn: W. Scott Brown, President 2905 N. 1 st Ave. Durant, OK 74701 Phone: (580) 931-7442 jAclericahanna\2014-111 hackberry est offsite wl\specs\contract\13-agreement.doc CA-23 Contract Agreement Section 23. ENTIRE AGREEMENT Aside from duly authorized Change Orders, any modification to this Contract Agreement must be supported by an additional, articulated consideration, and must either be in writing, executed by the parties hereto, or, if made orally, should be confirmed in writing, which writing should state the consideration which supports the modification. Failure to confirm an oral modification in writing shall constitute a waiver of any claim for additional compensation with regard to the oral modification. Nothing in this Section shall be construed to limit the City's authority to issue changes set forth in Section 14 herein. Section 24. SEVERABILITY If any term or condition of the Contract or the application thereof to any person(s) or circumstances is held invalid, this invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of the Contract are agreed to be severable. Section 25. WAIVER Waiver of any breach of any term or condition of this contract shall not be deemed a waiver of any prior or subsequent breach, and shall not entitle any party hereto to any subsequent waiver of any terms hereunder. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. IN WITNESS WHEREOF, the Parties have executed this Contract Agreement under their respective seals on the day and year first written above. CITY OF ANNA, TEXAS Philip Sanders, City Manager ATTEST: Natha Wilkison, City Secretary (SEAL) W. BROWN ENTERPRISES, INC. (Contractor) MU ATTEST: SECRETARY (SEAL) W. Scott Brown, President jAclericahanna\2014-111 hackberry est offsite wl\specs\contract\13-agreement.doc CA-24 Contract Agreement THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE W. Brown Enterprises, Inc. 2905 N. 1st Street, Durant, OK 74701 as Principal, hereinafter called the Principal, and Developers Surety and Indemnity Company P. O. Box 19725, Irvine, CA 92623 a corporation duly organized under the laws of the State of IA as Surety, hereinafter called the Surety, are held and firmly bound unto City of Anna, TX 111 N Powell Pkwv. Anna. TX 75409 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Greatest Amount Bid Dollars ($ 5% G.A.B. ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Hackberry Elevated Storage Tank Offsite Water Line NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 17th day of September 2015 W. Brown Enterprises, Inc. ZA-,—� (Ptinapal) (Sea]) (Witness) 13: - (ntle) t nNo �� •..,. ,.•• ......... kyoapa�ar�yy Devel ers Surety and Indemnity Company L r laT `n = ( uretyk (Seal) t Candice Allen (Witness) rowA,.�ab= y" "'' g* .�....... Attorney - act ad k. lSo)l�(Ti e) AIA DOCUMENT A310 • BID BOND • AIA 0 FEBRUARY 1970 ED. • THgAMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 IMPORTANT NOTICE: To obtain information or make a complaint: AVISO IMPORTANCE Para obtener information o para someter- una queja: You may call the Surety's toll free telephone number Usted puede llamar al numero de telefono gratis de for information or to make a complaint at: para informacion o para someter una queja al: 1-800-782-1546 You may also write to the Surety at: P.O. Box 19725 Irvine, CA 92623-9725 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at: 1-800-252-3439 Yon may write the "Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 Fax# 512-475-1771 web: http://wwiv.tdi.state.tx.us E-mail: C:onsumerProtection(retdi.state.tx.us 1-800-782-1546 Usted tambien pnedeescribir al Surety: P.O. Box 19725 Irvine, CA 92623-9725 Puede comunicarse con el Departamento de Seguros de "Texas para obtener informacion acerca de compa- nias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departmento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax# 512-475-1771 web: http://wwrv.tdi.state.tx.us E-mail: Cons umerProtection(a)tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you DISPUTES SOBRE PRIMAS O RECLAMOS: have a dispute concerning your premium or about a Si tiene una disputa concerniente a su prima o a un claim you should contact the Surety first. If the reclamo, debe comunicarse con el Surety prirnero. Si dispute is not resolved, you may contact the Texas no se resuelve la disputa, puede entonces comuni- Department of Insurance. carrse con el departamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTEAVISOA SU POLIZA: Este aviso es solo This notice is for information only and does not para proposito de informacion y no se convierte en become a part or condition of the attached document. parte o condition del documento adjunto. Fj AmTrust Surety An AmTrust Financial Cornparn; Developers Surety and Indemnity Company Indemnity Company of California CorePointe Insurance Company 17771 Cowan, Suite 100 Irvine, CA 92614 1-800-782-1546 www. Am Tru stS u rety. tom ID-1404 (TX) (Rev. 4/15) POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby make, constitute and appoint: 'Brent Baldwin, Brock Baldwin, William D. Baldwin, Michael B. Hill, Brady K. Cox, Blaine Allen, Monica Campos, Russ Frenzel, jointly or severally'' as its true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporation, as surety, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporation could do, but reserving to each of said corporation full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, any Executive Vice -President, Senior Vice -President or VimPresident of the corporation be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the allorney(s) named in the Power of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by its Secretary or Assistant Secretary this November 21, 2013. Daniel Young, Senior Vice -President Mark J. Lansdon, Vice -President State of California County of Orange On November 21, 2013 before me, Dale personally appeared ANTONIOALVAf3ADO cli COMM, 0 20335W } NOTARY PUBLIC CALIFORNIA� ORANGE COUNTY My comm. aWkes Aug. 9, 201 T Place Notary Seal Above AND 1 y�"LppPOR,4 OCT. 2w= 10 a,= 1936 Antonio Alvarado, Notary Public Here Insert Name and Title of the Officer Daniel _Y_ounnq and Mark J. Lansdon Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature CERTIFICATE Antonio Alvarado, Notary Public ^T The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 17th day o1 September , 2015 By. Cassie J. Berrisfor , Wstant Secretary ID-1438(Rev.11113) PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that W. Brown Enterprises, Inc. (hereinafter called the Principal(s)), as Principal(s), and Developers Surety and Indemnity Company (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 Seven Hundred Thirty - Seven Thousand, Two Hundred Eighty -Four Dollars and Fifty Cents ($737,284.50) 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 2015, for the following project: HACKBERRY ELEVATED STORAGE TANK OFFSITE WATER LINE and said Principal under the law is required before commencing the work provided for in said Contract Agreement to execute a bond in the amount of said Contract Agreement, which Contract Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code (Article 5472d for Private Work)' of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Agreement, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Agreement, or to the work to be performed thereunder. Not applicable for federal work. See "The Miller Act," 40 U.S.C. S270. jAclericahanna\2014-111 hackberry est offsite wl\specs\contract\14-bonds.doc B-3 Bonds IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed this instrument this day of , 20 Developers Surety and Indemnity Company Surety Print Name: Bradv K. Cox Title: Attornev-in-Fact Address: P.O. Box 19725 Irvine, CA 92623 W. Brown Enterprises, Inc. Principal Print Name: W. Scott Brown Title: President Address: 2905 N. 1st Ave. Durant, OK 74701 Phone/Fax: (949) 263-3300 Phone/Fax: (580) 931-7442 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 Brady K. Cox, Attorney -in -Fact, an agent resident in Dallas 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. Developers Surety and Indemnity Company Surety In Print Name: Brady K. Cox, Attorney -in -Fact Address: 5930 Preston View Blvd., Suite 200 Dallas. Texas Phone/Fax: (972) 644-2688 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. jAclericahanna\2014-111 hackberry est offsite wl\specs\contract\14-bonds.doc B-4 Bonds PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, that W. Brown Enterprises, Inc. (hereinafter called the Principal(s)) as Principal(s), and Developers Surety and Indemnity Company (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: Seven Hundred Thirty - Seven Thousand, Two Hundred Eighty -Four Dollars and Fifty Cents ($737,284.50), 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 , 2015, for the: HACKBERRY ELEVATED STORAGE TANK OFFSITE WATER LINE and said Principal under the law is required before commencing work provided for in said Contract Agreement to execute a bond in the amount of said Contract Agreement, which Contract Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said Contract Agreement, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Agreement, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Agreement, or to the work to be performed thereunder. jAclericahanna\2014-111 hackberry est offsite wl\specs\contract\14-bonds.doc B-55 Bonds IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed this instrument this day of , 20 Developers Surety and Indemnity Company W. Brown Enterprises, Inc. Surety Principal M Print Name: Bradv K. Cox Title: Attornev-in-Fact Address: P.O. Box 19725 Irvine, CA 92623 Print Name: W. Scott Brown Title: President Address: 2905 N. 1 st Ave. Durant, OK 74701 Phone/Fax: (949) 263-3300 Phone/Fax: (580) 931-7442 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 Brady K. Cox, Attornev-in-Fact, an agent resident in Dallas 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. Developers Surety and Indemnity Company Surety M Print Name: Brady K. Cox, Attorney -in -Fact Address: 5930 Preston View Blvd., Suite 200 Dallas, Texas Phone/Fax: (972) 644-2688 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. jAclericahanna\2014-111 hackberry est offsite wl\specs\contract\14-bonds.doc B-6 Bonds MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT W. Brown Enterprises, Inc., as PRINCIPAL, and Developers Surety and Indemnity Company, a CORPORATION organized under the laws of Iowa, 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 Seven Hundred Thirty -Seven Thousand, Two Hundred Eighty -Four Dollars and Fifty Cents ($737,284.50) 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 W. Brown Enterprises, Inc., the Contractor, did on , 2015 enter into a written Contract Agreement with the said City of Anna to build and construct: HACKBERRY ELEVATED STORAGE TANK OFFSITE WATER LINE in the City of Anna, Texas which Contract Agreement and the Plans and Specifications therein mentioned adopted by the City of Anna, are hereby expressly made a part hereof as though the same were written and embodied herein. WHEREAS, under the Plans and Specifications, and Contract Agreement, it is provided that the CONTRACTOR will maintain and keep in good repair the work herein contracted to be done and performed for a period of two (2) years from the date of acceptance; it being understood that the purpose of this section is to cover all defective material, work or labor performed by said CONTRACTOR, its employees, sub -contractors, materialmen and assigns. NOW THEREFORE, if the said CONTRACTOR shall keep and perform its said agreement to maintain said work and keep the same in repair for the said maintenance period of two (2) years, as provided, then these presents shall be null and void, and have no further effect, but if default shall be made by the said CONTRACTOR in the performance of its Contract Agreement to so maintain and repair said work, then these presents shall have full force and effect, and said CITY OF ANNA shall have and recover from said SURETY, damages in the premises, as provided, and it is further agreed that this obligation shall be a continuing one against the SURETY, hereon, and that successive recoveries may be had thereon for successive breaches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. jAclericahanna\2014-111 hackberry est offsite wl\specs\contract\14-bonds.doc B-7 Bonds IN WITNESS WHEREOF, the said W. Brown Enterprises, Inc. , (Contractor) has caused these presents to be Developers Surety and Indemnity Company , (Surety Co.) executed by its ATTORNEY -IN -FACT Brady K. Cox , and the said ATTORNEY -IN - FACT Brady K. Cox has hereunto set his hand this the day of , 20 Developers Surety and Indemnity Company Surety Print Name: Bradv K. Cox Title: Attornev-in-Fact Address: P.O. Box 19725 Irvine, CA 92623 W. Brown Enterprises, Inc. Principal In Print Name: W. Scott Brown Title: President Address: 2905 N. 1st Ave. Durant, OK 74701 Phone/Fax: (949) 263-3300 Phone/Fax: (580) 931-7442 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. jAclericahanna\2014-111 hackberry est offsite wl\specs\contract\14-bonds.doc B-8 Bonds CERTIFICATE OF INSURANCE(S) jAclerical\anna\2015-105 txcdbg 2014 sewer replacement\specs\contract\l5a-insurance.docx �® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE FAX AIC No Ext : (AIC, No): E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A : INSURED INSURER B INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL IN R SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ CLAIMS -MADE F—IOCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OPAGG $ POLICY PRO- LOC $ AUTOMOBILEE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS SAMPLE BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOS AUTOS UMBRELLA LIAB710 CCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB AIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N WC STATU- OTH- TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? ❑ N / A E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD j:\clerical\anna\2015-105 txcdbg 2014 sewer replacement\specs\contract\15a-insurance.docx ,d►co INSURANCE BINDER DATE (MM/DD/YYYY) THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. AGENCY COMPANY BINDER# EFFECTIVE EXPIRATION DATE TIME DATE TIME AM 12:01 AM PM HNOON PHONE FAX THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY A/C No Ext : (AIC, No CODE: SUB CODE: PER EXPIRING POLICY #: AGENCY DESCRIPTION OF OPERATIONS/VEHICLES/PROPERTY (Including Location) CUSTOMER ID: INSURED COVFRAGES LIMITS TYPE OF INSURANCE COVERAGE/FORMS DEDUCTIBLE COINS % AMOUNT PROPERTY CAUSES OF LOSS BASIC BROAD SPEC GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE 171 OCCUR RETRO DATE FOR CLAIMS MADE: EACH OCCURRENCE $ DAMAGETO RENTED PREMISES $ 4 MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ VEHICLE LIABILITY ANY AUTO ALL OWNED AUTOS HSCHEDULED RED AUTOS AUTOS NON -OWNED AUTOS SAMPLE COMBINED SINGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $$ PROPERTY MEDICAL PAYMENTS PERSONAL INJURY PROT $ UNINSURED MOTORIST $ $ VEHICLE PHYSICAL DAMAGE DED COLLISION: OTHER THAN COL: ALL VEHICLES SCHEDULED VEHICLES ACTUAL CASH VALUE $ STATED AMOUNT GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: EACH OCCURRENCE $ AGGREGATE $ SELF -INSURED RETENTION $ WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY WC STATUTORY LIMITS E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ SPECIAL CONDITIONS / OTHER COVERAGES FEES $ TAXES $ ESTIMATED TOTAL PREMIUM $ NAME & ADDRESS MORTGAGEE ADDITIONAL INSURED LOSS PAYEE Id LOAN # AUTHORIZED REPRESENTATIVE ACORD 75 (2010/04) Page 1 of 2 © 1993-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD j:\clerical\anna\2015-105 txcdbg 2014 sewer replacement\specs\contract\15a-insurance.docx SAMPLE AGENCY CUSTOMER ID: This Company binds the kind(s) of insurance stipulated on the reverse side. The Insurance is subject to the terms, conditions and limitations of the policy(ies) in current use by the Company. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be effective. This binder may be cancelled by the Company by notice to the Insured in accordance with the policy conditions. This binder is cancelled when replaced by a policy. If this binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the Rules and Rates in use by the Company. Applicable in California When this form is used to provide insurance in the amount of one million dollars ($1,000,000) or more, the title of the form is changed from "Insurance Binder" to "Cover Note". Applicable in Colorado With respect to binders issued to renters of residential premises, home owners, condo unit owners and mobile home owners, the insurer has thirty (30) business days, commencing from the effective date of coverage, to evaluate the issuance of the insurance policy. Applicable in Delaware The mortgagee or Obligee of any mortgage or other instrument given for the purpose of creating a lien on real property shall accept as evidence of insurance a written binder issued by an authorized insurer or its agent if the binder includes or is accompanied by: the name and address of the borrower; the name and address of the lender as loss payee; a description of the insured real property; a provision that the binder may not be canceled within the term of the binder unless the lender and the insured borrower receive written notice of the cancellation at least ten (10) days prior to the cancellation; except in the case of a renewal of a policy subsequent to the closing of the loan, a paid receipt of the full amount of the applicable premium, and the amount of insurance coverage. Chapter 21 Title 25 Paragraph 2119 Applicable in Florida Except for Auto Insurance coverage, no notice of cancellation or nonrenewal of a binder is required unless the duration of the binder exceeds 60 days. For auto insurance, the insurer must give 5 days prior notice, unless the binder is replaced by a policy or another binder in the same company. Applicable in Maryland The insurer has 45 business days, commencing from the effective date of coverage to confirm eligibility for coverage under the insurance policy. Applicable in Michigan The policy may be cancelled at any time at the request of the insured. Applicable in Nevada Any person who refuses to accept a binder which provides coverage of less than $1,000,000.00 when proof is required: (A) Shall be fined not more than $500.00, and (B) is liable to the party presenting the binder as proof of insurance for actual damages sustained therefrom. Applicable in the Virgin Islands This binder is effective for only ninety (90) days. Within thirty (30) days of receipt of this binder, you should request an insurance policy or certificate (if applicable) from your agent and/or insurance company. ACORD 75 (2010/04) yAc1erica1\anna\2015-105 txcdbg 2014 sewer replacement\specs\contract\] 5a-insurance.docx Page 2 of 2 NOTICE TO PROCEED Project: HACKBERRY ELEVATED STORAGE TANK OFFSITE WATER LINE Issued To: W. Brown Enterprises, Inc. 2905 N. 1 st Ave. Durant, OK 74701 Date Issued: You are hereby notified to commence work in accordance with the Agreement dated the day of 2015, on or before the day of 2015 and complete all of the work within One Hundred Eighty (180) consecutive calendar days thereafter. The date of completion for all work shall therefore be the 20 Issued by: City of Anna, Texas (Owner) Philip Sanders, City Manager ACCEPTANCE OF NOTICE: day of Receipt of the above notice to proceed is hereby acknowledged by W. Brown Enterprises, Inc. (contractor), this day of 12015. Az W. Scott Brown, President jAclericahanna\2014-111 hackberry est offsite w1\specs\contract\16-notice to proceed.doc N-1 Notice to Proceed BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS 11910 Greenville Ave., Suite 600 JOHN W. BIRKHOFF, RE, GARY C. HENDRICKS, P.E. JOE R. CARTER, RE, MATT HICKEY, P.E. ANDREW MATA, JR., P.E. JOSEPH T. GRAJEWSKI, III, P.E. DEREK B. CHANEY, P.E. CRAIG M. KERKHOFF. P.E. Mr. Joseph Johnson, CPM Director of Public Works City of Anna P.O. BOX 776 Anna, Texas 75409 Dallas, Texas 75243 Fax (214) 461-8390 Re: Hackberry Elevated Storage Tank — Offsite Water Line Dear Mr. Johnson: October 6, 2015 Phone (214) 361-7900 We have checked the bids received at 2:00 p.m., Thursday, September 17, 2015, for the Hackberry Elevated Storage Tank — Offsite Water Line project. We are enclosing six (6) copies of the Bid Summary and Itemized Bid Tabulation. W. Brown Enterprises, Inc. of Durant, Oklahoma submitted the low bid in the amount of $737,284.50. We have reviewed their statement of qualifications and references provided and find that W. Brown Enterprises, Inc. 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 W. Brown Enterprises, Inc. and award them a contract in the amount of $737,284.50. We are also enclosing the statement of qualifications and references provided by the contractor. We are available to discuss our recommendation further at your convenience. Sincerely, kuv'� �� Craig M. Kerkhoff, P.E. Enclosures cc: Mr. Philip Sanders TBPE Firm 526 ACEC Wellness Firm =;� Better Decisions -Better Designs TBPLS Firm 100318-00 jAclericahanna\2014-111 hackberry est offsite wNettersWrecommendation docx CITY OF ANNA, TEXAS Hackberry Elevated Storage Tank - Offsite Water Line BID SUMMARY Bids Received at 2:00 p.m., Thursday, September 17, 2015 1. W. Brown Enterprises, Inc. 2905 N. First St. Durant, OK 74701 Total Amount Bid $ 737,284.50 2. Dickerson Construction Co., Inc. P.O. Box 181 Celina, Texas 75009 $ 893,545.00 3. Four Star Excavating, Inc. 6825 Levelland Rd., Suite 2-B Dallas, Texas 75252 $ 988,591.00 4. Canary Construction, Inc. 523 Greenwich Lane Coppell, Texas 75019 $ 1,095,637.00 5. Dowager Utility Construction, Ltd. 2464 Manana Dr. Dallas, Texas 75220 $ 1,122,806.00 6. Saber Development Corp. P.O. Box 540186 Dallas, Texas 75354 $ 1,158,804.50 7. Pittard Construction Company 190 E. Stacy Rd., #306-306 Allen, Texas 75002 $ 1,199,750.00 JACLERICAMAma\2014-111 Hackberry EST Offsite WL\Specs\Tech-Spec\11-P&BS-2.x1sx TABULATION OF BIDS Date: September 17, 2015 Project: CITY OF ANNA, TEXAS BIRKHOFF, HENDRICKS & CARTER, L.L.P. Hackber y Elevated Storage Tank - Offsite Water Line PROFESSIONAL ENGINEERS Dallas, Texas BID OF W. Brown Enterprises, Inc. 2905 N. First St. Durant, OK 74701 BID OF Dickerson Construction Co., Inc. P.O. Box 181 Celina, Texas 75009 BID OF Four Star Excavating, Inc. 6825 Levelland Rd., Suite 2-13 Dallas, Texas 75252 BID OF Canary Construction, Inc. 523 Greenwich Lane Coppell, Texas 75019 Item No. Approximate Quantities Unit Description Unit Bid Price Extension Unit Bid Price Extension UnitBid Price Extension F T nrt > Price Extension 1 746 L.F. Furnish & Install 8-hich Water Line by Open Cut $20.75 $ 15,479.50 $42.00 $ 31,332.00 $40.00 $ 29,840.00 $50.00 $ 37,300.00 2 3,090 L.F. Furnish & Install 12-Inch Water Line by Open Cut $29.00 $ 89,610.00 $42.00 $ 129,780.00 $45.50 $ 140,595.00 $60.00 $ 185,400.00 3 38 L.F. Furnish & Install 12-Inch Water Line with Class G Embedment by Open Cut $70.00 $ 2,660.00 $115.00 $ 4,370.00 $85.00 $ 3,230.00 $95.00 $ 3,610.00 4 8,042 L.F. Furnish & Install 16-Inch Water Line by Open Cut $45.00 $ 361,890.00 $54.00 $ 434,268.00 $63.00 $ 506,646.00 $79.50 $ 639,339.00 5 215 L.F. I Furnish & Install 16-Inch Water Line by Directional Bore $225.00 $ 48,375.00 $275.00 $ 59,125.00 $230.00 $ 49,450.00 $260.00 $ 55,900.00 6 1 Ea. Furnish & Install 8-Inch Blow Off Valve Assembly $6,000.00 $ 6,000.00 $6,000.00 $ 6,000.00 $6,600.00 $ 6,600.00 $8,000.00 $ 8,000.00 7 2 Ea. Furnish & Install Fire Hydrant, 6-Inch R.S. Gate Valve, Tee and Water Line $10,000.00 $ 20,000.00 $5,250.00 $ 10,500.00 $4,000.00 $ 8,000.00 $5,500.00 $ 11,000.00 8 1 Ea. Furnish & Install 2-Inch Combination Air Release Valve with 4-Foot Manhole and Bollards $4,500.00 $ 4,500.00 $6,000.00 $ 6,000.00 $6,700.00 $ 6,700.00 $5,800.00 $ 5,800.00 9 2 Ea. Furnish & Install 3-Inch Combination Air Release Valve with 4-Foot Manhole and Bollards $9,000.00 $ 18,000.00 $10,000.00 $ 20,000.00 $10,900.00 $ 21,800.00 $11,500.00 $ 23,000.00 10 4 Ea. Furnish & Install 8-Inch R. S. Gate Valve $1,400.00 $ 5,600.00 $1,300.00 $ 5,200.00 $1,300.00 $ 5,200.00 $1,500.00 $ 6,000.00 11 12 Ea. Furnish & Install 12-Inch R. S. Gate Valve $2,500.00 $ 30,000.00 $2,150.00 $ 25,800.00 $2,200.00 $ 26,400.00 $2,500.00 $ 30,000.00 12 17 Ea. Furnish & Install 16-Inch Butterfly Valve $3,000.00 $ 51,000.00 $3,000.00 $ 51,000.00 $3,000.00 $ 51,000.00 $3,000.00 $ 51,000.00 13 1 Ea. Furnish & Install 12" x 10" Tapping Sleeve and Valve $3,500.00 $ 3,500.00 $5,500.00 $ 5,500.00 $6,700.00 $ 6,700.00 $4,800.00 $ 4,800.00 14 1 Ea. Furnish & Install 8" x 8" Tapping Sleeve and Valve $3,400.00 $ 3,400.00 $3,000.00 $ 3,000.00 $2,700.00 $ 2,700.00 $3,220.00 $ 3,220.00 15 1 Ea. Connect to 8-Inch Water Line, including Dewatering $750.00 $ 750.00 $1,000.00 $ 1,000.00 $2,700.00 $ 2,700.00 $1,500.00 $ 1,500.00 16 1 Ea. Connect to 12-Inch Water Line, including Dewatering $1,100.00 $ 1,100.00 $1,500.00 $ 1,500.00 $3,400.00 $ 3,400.00 $2,200.00 $ 2,200.00 17 10 S.Y. Remove & Replace Gravel Pavement $30.00 $ 300.00 $50.00 $ 500.00 $55.00 $ 550.00 $45.00 $ 450.00 18 20 L.F. Remove & Replace Chain Link Fence $25.00 $ 500.00 $35.00 $ 700.00 $44.00 $ 880.00 $65.00 $ 1,300.00 19 12 Ea. Furnish & Install Concrete Bollard $200.00 $ 2,400.00 $325.00 $ 3,900.00 $500.00 $ 6,000.00 $185.00 $ 2,220.00 20 1 L.S. Furnish, Implement & Maintain Storm Water Pollution Prevention Plan $12,000.00 $ 12,000.00 $18,500.00 $ 18,500.00 $1,000.00 $ 1,000.00 $2,200.00 $ 2,200.00 21 1 L.S. Design Trench Safety Plan $6,000.00 $ 6,000.00 $1,000.00 $ 1,000.00 $5,000.00 $ 5,000.00 $500.00 $ 500.00 22 1 L.S. Implement Trench Safety Systems $6,000.00 $ 6,000.00 $12,000.00 $ 12,000.00 $15,000.00 $ 15,000.00 $12,000.00 $ 12,000.00 23 1 L.S. Furnish Erosion Control Plan $3,000.00 $ 3,000.00 $17,850.00 $ 17,850.00 $2,000.00 $ 2,000.00 $1,250.00 $ 1,250.00 24 1 L.S. Furnish, Install, Maintain & Remove Erosion Control Measures $3,000.00 $ 3,000.00 $4,000.00 $ 4,000.00 $11,000.00 $ 11,000.00 $2,500.00 $ 2,500.00 25 1 L.S. Furnish, Implement & Maintain Traffic Control Plan $2,500.00 $ 2,500.00 $1,000.00 $ 1,000.00 $10,000.00 $ 10,000.00 $2,500.00 $ 2,500.00 26 26,480 S.Y. Furnish, Install and Maintain H dromulch Seeding $1.50 $ 39,720.00 $1.50 $ 39,720.00 $2.50 $ 66,200.00 $0.10 $ 2,648.00 TOTAL AMOUNT BID Items 1 Through 26 $ 737 284.50 $ 893 545.00 $ 988 591.00 $ 1 095 637.00 JACLERICALWnna\2014-111 Hackberry EST Offsite WL\Specs\Tech-Spec\11-P&BS-2.xlsx Page 1 Of 3 TABULATION OF BIDS Date: September 17, 2015 Project: CITY OF ANNA, TEXAS BIRKHOFF, HENDRICKS & CARTER, L.L.P. Hackberry Elevated Storage Tank - Offsite Water Line PROFESSIONAL ENGINEERS Dallas, Texas BID OF Dowager Utility Construction, Ltd. 2464 Manana Dr. Dallas, Texas 75220 BID OF Saber Development Corp. P.O. Box 540186 Dallas, Texas 75354 BID OF Pittard Construction Company 190 E. Stacy Rd., 4306-306 Allen, Texas 75002 Item No. pprox►mate Quantities Unit Descri tion Unit Bid Price Extension --Unit Price Extension Unit Bid Price Extension 1 746 L.F. Furnish & Install 8-hich Water Line by Open Cut $56.00 $ 41,776.00 $59.00 $ 44,014.00 $60.00 $ 44,760.00 2 3,090 L.F. Furnish & Install 12-Inch Water Line by Open Cut $60.00 $ 185,400.00 $65.00 $ 200,850.00 $65.00 $ 200,850.00 3 38 L.F. Furnish & Install 12-hich Water Line with Class G Embedment by Open Cut $70.00 $ 2,660.00 $74.00 $ 2,812.00 $100.00 $ 3,800.00 4 8,042 L.F. Furnish & Install 16-Inch Water Line by Open Cut $70.00 $ 562,940.00 $84.25 $ 677,538.50 $80.00 $ 643,360.00 5 215 L.F. I Furnish & Install 16-hich Water Line by Directional Bore $250.00 $ 53,750.00 $192.00 $ 41,280.00 $200.00 $ 43,000.00 6 1 Ea. Furnish & Install 8-Inch Blow Off Valve Assembly $8,000.00 $ 8,000.00 $5,500.00 $ 5,500.00 $10,000.00 $ 10,000.00 7 2 Ea. Furnish & Install Fire Hydrant, 6-Inch R.S. Gate Valve, Tee and Water Line $6,000.00 $ 12,000.00 $7,000.00 $ 14,000.00 $5,000.00 $ 10,000.00 8 1 Ea. Furnish & Install 2-Inch Combination Air Release Valve with 4-Foot Manhole and Bollards $7,000.00 $ 7,000.00 $6,500.00 $ 6,500.00 $5,000.00 $ 5,000.00 9 2 Ea. Furnish & Install 3-hich Combination Air Release Valve with 4-Foot Manhole and Bollards $9,000.00 $ 18,000.00 $14,500.00 $ 29,000.00 $10,000.00 $ 20,000.00 10 4 Ea. Furnish & Install 8-Inch R. S. Gate Valve $1,400.00 $ 5,600.00 $1,400.00 $ 5,600.00 $1,750.00 $ 7,000.00 11 12 Ea. Furnish & Install 12-hich R. S. Gate Valve $2,400.00 $ 28,800.00 $2,100.00 $ 25,200.00 $3,000.00 $ 36,000.00 12 17 Ea. Furnish & Install 16-Inch Butterfly Valve $7,000.00 $ 119,000.00 $3,000.00 $ 51,000.00 $5,000.00 $ 85,000.00 13 1 Ea. Furnish & Install 12" x 10" Tapping Sleeve and Valve $6,000.00 $ 6,000.00 $6,000.00 $ 6,000.00 $10,000.00 $ 10,000.00 14 1 Ea. Furnish & Install 8" x 8" Tapping Sleeve and Valve $5,000.00 $ 5,000.00 $4,000.00 $ 4,000.00 $8,000.00 $ 8,000.00 15 1 Ea. Connect to 8-hich Water Line, including Dewatering $3,000.00 $ 3,000.00 $3,000.00 $ 3,000.00 $3,500.00 $ 3,500.00 16 1 Ea. Connect to 12-Inch Water Line, including Dewatering $4,000.00 $ 4,000.00 $4,000.00 $ 4,000.00 $4,500.00 $ 4,500.00 17 10 S.Y. Remove & Replace Gravel Pavement $60.00 $ 600.00 $12.00 $ 120.00 $100.00 $ 1,000.00 18 20 L.F. I Remove & Replace Chain Link Fence $60.00 $ 1,200.00 $35.00 $ 700.00 $100.00 $ 2,000.00 19 12 Ea. Furnish & Install Concrete Bollard $300.00 $ 3,600.00 $250.00 $ 3,000.00 $500.00 $ 6,000.00 20 1 L.S. Furnish, Implement & Maintain Storm Water Pollution Prevention Plan $12,000.00 $ 12,000.00 $850.00 $ 850.00 $3,500.00 $ 3,500.00 21 1 L.S. Design Trench Safety Plan $1,000.00 $ 1,000.00 $750.00 $ 750.00 $2,000.00 $ 2,000.00 22 1 L.S. Implement Trench Safety Systems $12,000.00 $ 12,000.00 $12,000.00 $ 12,000.00 $10,000.00 $ 10,000.00 23 1 L.S. Furnish Erosion Control Plan $1,000.00 $ 1,000.00 $850.00 $ 850.00 $2,000.00 $ 2,000.00 24 1 L.S. Furnish, Install, Maintain & Remove Erosion Control Measures $1,000.00 $ 1,000.00 $3,000.00 $ 3,000.00 $10,000.00 $ 10,000.00 25 1 L.S. Furnish, Implement & Maintain Traffic Control Plan $1,000.00 $ 1,000.00 $4,000.00 $ 4,000.00 $2,000.00 $ 2,000.00 26 26,480 S.Y. Furnish, Install and Maintain H dromulch Seeding $1.00 $ 26,480.00 $0.50 $ 13,240.00 $1.00 $ 26,480.00 TOTAL AMOUNT BID Items 1 Through 26 $ 11122,806.00 $ 1,158,804.50 $ 1,199,750.00 H L- ir- - IL- 1 -11 JACLERICALWnna\2014-111 Hackberry EST Offsite WL\Specs\Tech-Spec\11-P&BS-2.xlsx Page 2 of 3 CITY OF AN NA, TEXAS Item No. 17 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: Joseph Johnson Exhibits: Attached AGENDA SUBJECT: Authorize the City Manager to execute a contract with A&M Construction & Utilities, Inc. for the 2014 Texas Community Development Block Grant (TxCDBG) Sewer Replacements Project. SUMMARY: On September 25, 2015 at 2:00 PM sealed bids were opened for this project. A&M Construction & Utilities, Inc. was the apparent low bidder with a base bid of $276,556.15 and an additive alternate bid of $12,285.00 for a total of $288,841.15. The City's consulting engineer has reviewed the bids and bidder qualifications and recommends that the City of Anna award the contract to A&M Construction and Utilities, Inc. There are funds available for this project from a Texas Community Development Block Grant (TxCDBG) awarded to the City of Anna by the Texas Department of Agriculture (TDA). Additional funds are available for the Project in the Utility Fund unrestricted fund balance in the amount of $13,841.15. STAFF RECOMMENDATION: Staff recommends approval of this item. CITY OF ANNA, TEXAS RESOLUTION NO. (2014 TxCDBG Sewer Project) A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORI CITY MANAGER TO EXECUTE A CONTRACT WITH A&M CONSTRUCTION INC. FOR THE 2014 TEXAS COMMUNITY DEVELOPMENT BLOCK G SEV REPLACEMENTS PROJECT. WHEREAS, the sewer lines in the project area are in need of rep and condition of the pipe and appurtenances (the "Project"); and, WHEREAS, the City Council of the City of Anna, Texas (the Ci authorized the City Manager to solicit competitive bids for the WHEREAS, the City of Anna, having solicited competiti'v opened said bids on September 25, 2015 at 2:00 P.M.; a WHEREAS, A&M Construction & Utilities, Inc. base bid of $276,556.15 with an additivA $288,841.15; and, WHEREAS, the City of Anna's cons qualifications has recommended Inc.; and, WHEREAS, there are funds a Block Grant (TxCDBG (TDA); and, WHEREAS, additio balance in the amoi E usly State law, having submitted a .00 for a total of Feviewed said bids and bidder's A&M Construction and Utilities, This Project from a Texas Community Development ity of Anna by the Texas Department of Agriculture able -for this Project in the Utility Fund unrestricted fund and, Rbs to authorize the City Manager to award the Project bid A&M Construction & Utilities, Inc. for construction of the CITY OF Is Incorporated. recitals above are incorporated herein as if set forth in full for all purposes. 2. Authorization of Contract Award. CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1 The City Council hereby approves the contract agreement with A&M Construction & Utilities, Inc. for the Project, attached hereto as Exhibit A, and authorizes, ratifies and approves the City Manager's execution of the same subject to final legal review and approval by the City Attorney. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the Agreement. PASSED AND APPROVED of October 2015. City Secretary Carrie L City Council of the City of CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 2 CITY OF ANNA, TEXAS STANDARD FORM OF AGREEMENT FOR OWNER -CONTRACTOR PROJECTS STATE OF TEXAS ) COLLIN COUNTY THIS AGREEMENT, made and entered into this day of by and between The City of Anna of the County of A.D. 20 15 Collin , in the STATE OF TEXAS, acting through Its City Manager thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and A&M Construction & Utilities, Inc. of the City of Rowlett , County of Dallas in the State of Texas , Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and inconsideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (OWNER) and under the conditions expressed in the bond bearing even date herewith, the said Party of the Second Part (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follow: 2014 TCDBG Sewer Replacements and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the Notice to Contractors, General and Special Conditions of Agreement, Plans and other drawings and printed or written explanatory matter thereof, and the Specifications and addenda therefore, as prepared Birkhoff, Hendricks & Carter, L.L.P., Professional Engineers, 11910 Greenville Ave., Suite 600, Dallas, Texas 75243, herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and the ENGINEER, together with the CONTRACTOR'S written proposal, the General Conditions of the Agreement, the Performance and Payment Bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work within ten (10) calendar days after the date written notice to do so shall have been given to him, and to fully complete within One Hundred Twenty (120) consecutive calendar days after issuance of the "Notice to Proceed", subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. By City of Anna, Texas Party of the First Part (OWNER) A&M Construction & Utilities, Inc. Party of the Second Part (CONTRACTOR) By: Philip Sanders, City Manager Antonio Banda, President Attest: Attest: 2014 TxCDBG Sewer Replacements Standard Form of Agreement K-6 jAclerical\anna\2015-105 txcdbg 2014 sewer replacement\specs\contract\08-std form of agreement.docx GENERAL CONTRACT CONDITIONS FOR CONSTRUCTION 1. Contract and Contract Documents (a) The project to be constructed pursuant to this contract will be financed with assistance from the CDBG and is subject to all applicable Federal and State laws and regulations. (b) The Plans, Specifications and Addenda, hereinafter enumerated in Paragraph 1 of the Supplemental General Conditions shall form part of this contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. 2. Definitions Whenever used in any of the contract Documents, the following meanings shall be given to the terms here in defined: (a) The term "Contract" means the Contract executed between the City of Anna, hereinafter called the Owner and A&M Construction & Utilities, Inc., hereinafter called Contractor, of which these GENERAL CONDITIONS, form a part. (b) The term "Project Area" means the area within which are the specified Contract limits of the Improvements contemplated to be constructed in whole or in part under this contract. (c) The term "Engineer" means Birkhoff, Hendricks & Carter, L.L.P., Engineer in charge, serving the Owner with architectural or engineering services, his successor, or any other person or persons, employed by the Owner for the purpose of directing or having in charge the work embraced in this Contract. (d) The term "Contract Documents" means and shall include the following: Executed Contract, Addenda (if any), Invitation for Bids, Instructions to Bidders, Signed Copy of Bid, General Conditions, Special Conditions, Technical Specifications, and Drawings (as listed in the Schedule of Drawings). 3. Supervision By Contractor (a) Except where the Contractor is an individual and gives his personal supervision to the work, the Contractor shall provide a competent superintendent, satisfactory to the Local Public Agency and the Engineer, on the work at all times during working hours with full authority to act for him. The Contractor shall also provide an adequate staff for the proper coordination and expediting of his work. (b) The Contractor shall lay out his own work and he shall be responsible for all work executed by him under the Contract. He shall verify all figures and elevations before proceeding with the work and will be held responsible for any error resulting from his failure to do so. 2014 TxCDBG Sewer Replacements General Contract Conditions K-7 j:AclericalAanna\2015-105 txcdbg 2014 sewer replacement\specs\contractV09-general contract conditions.docx 4. Subcontracts (a) The Contractor shall not execute an agreement with any subcontractor or permit any subcontractor to perform any work included in this contract until he has verified the subcontractor as eligible to participate in federally funded contracts. (b) No proposed subcontractor shall be disapproved by the city/county except for cause. (c) The Contractor shall be as fully responsible to the city/county for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them. (d) The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work and required compliance by each subcontractor with the applicable provisions of the Contract. (e) Nothing contained in the Contract shall create any contractual relation between any subcontractor and the Owner. 5. Fitting and Coordination of Work The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all trades, subcontractors, or material suppliers engaged upon this Contract. 6. Payments to Contractor (a) Partial Payments 1) The Contractor shall prepare his requisition for partial payment as of the last day of the month and submit it, with the required number of copies, to the Engineer for his approval. The amount of the payment due the Contractor shall be determined by adding to the total value of work completed to date, the value of materials properly stored on the site and deducting (1) ten percent (10%) of the total amount, to be retained until final payment and (2) the amount of all previous payments. The total value of work completed to date shall be based on the estimated quantities of work completed and on the unit prices contained in the agreement. The value of materials properly stored on the site shall be based upon the estimated quantities of such materials and the invoice prices. Copies of all invoices shall be available for inspection of the Engineer. 2) Monthly or partial payments made by the Owner to the Contractor are moneys advanced for the purpose of assisting the contractor to expedite the work of construction. The Contractor shall be responsible for the care and protection of all materials and work upon which payments have been made until final acceptance of such work and materials by the Owner. Such payments shall not constitute a waiver of the right of the Owner to require the fulfillment of all terms of the Contract and the delivery of all improvements embraced in this Contract complete and satisfactory to the Owner in all details. (b) Final Payment 1) After final inspection and acceptance by the Owner of all work under the Contract, the Contractor shall prepare his requisition for final payment which shall be based upon the careful inspection of each item of work at the applicable unit prices stipulated in the Agreement. The total amount of the final payment due the Contractor under this contract shall be the amount computed as described above less all previous payments. 2014 TxCDBG Sewer Replacements General Contract Conditions K-8 j:AclericalAanna\2015-105 txcdbg 2014 sewer replacement\specs\contractV09-general contract conditions.docx 2) The Owner before paying the final estimate, shall require the Contractor to furnish releases or receipts from all subcontractors having performed any work and all persons having supplied materials, equipment (installed on the Project) and services to the Contractor, if the Owner deems it necessary in order to protect its interest. The Owner may, if it deems such action advisable, make payment in part or in full to the Contractor without requiring the furnishing of such releases or receipts and any payments made shall in no way impair the obligations of any surety or sureties furnished under this Contract. 3) Any amount due the Owner under Liquidated Damages, shall be deducted from the final payment due the contractor. (c) Payments Subject to Submission of Certificates Each payment to the Contractor by the Owner shall be made subject to submission by the Contractor of all written certifications required of him and his subcontractors. (d) Withholding Payments The Owner may withhold from any payment due the Contractor whatever is deemed necessary to protect the Owner, and if so elects, may also withhold any amounts due from the Contractor to any subcontractors or material dealers, for work performed or material furnished by them. The foregoing provisions shall be construed solely for the benefit of the Owner and will not require the Owner to determine or adjust any claims or disputes between the Contractor and his subcontractors or material dealers, or to withhold any moneys for their protection unless the Owner elects to do so. The failure or refusal of the Owner to withhold any moneys from the Contractor shall in no way impair the obligations of any surety or sureties under any bond or bonds furnished under this Contract. 7. Changes in the Work (a) The Owner may make changes in the scope of work required to be performed by the Contractor under the Contract without relieving or releasing the Contractor from any of his obligations under the Contract or any guarantee given by him pursuant to the Contract provisions, and without affecting the validity of the guaranty bonds, and without relieving or releasing the surety or sureties of said bonds. All such work shall be executed under the terms of the original Contract unless it is expressly provided otherwise. Additionally, all such change orders must be approved by the CDBG staff prior to execution of same. (b) Except for the purpose of affording protection against any emergency endangering health, life, limb or property, the Contractor shall make no change in the materials used or in the specified manner of constructing and/or installing the improvements or supply additional labor, services or materials beyond that actually required for the execution of the Contract, unless in pursuance of a written order from the Owner authorizing the Contractor to proceed with the change. No claim for an adjustment of the Contract Price will be valid unless so ordered. (c) If applicable unit prices are contained in the Agreement, the Owner may order the Contractor to proceed with desired unit prices specified in the Contract; provided that in case of a unit price contract the net value of all changes does not increase the original total amount of the agreement by more than twenty-five percent (25%) or decrease the original the total amount by eighteen percent (18%). 2014 TxCDBG Sewer Replacements General Contract Conditions K-9 j:AclericalAanna\2015-105 txcdbg 2014 sewer replacement\specs\contractV09-general contract conditions.docx (d) Each change order shall include in its final form: 1) A detailed description of the change in the work. 2) The Contractor's proposal (if any) or a confirmed copy thereof. 3) A definite statement as to the resulting change in the contract price and/or time. 4) The statement that all work involved in the change shall be performed in accordance with contract requirements except as modified by the change order. 5) The procedures as outlined in this Section for a unit price contract also apply in any lump sum contract. 8. Claims for Extra Cost (a) If the Contractor claims that any instructions by Drawings or otherwise involve extra cost or extension of time, he shall, within ten days after the receipt of such instructions, and in any event before proceeding to execute the work, submit his protest thereto in writing to the Owner, stating clearly and in detail the basis of his objections. No such claim will be considered unless so made. (b) Claims for additional compensation for extra work, due to alleged errors in ground elevations, contour lines, or bench marks, will not be recognized unless accompanied by certified survey data, made prior to the time the original ground was disturbed, clearly showing that errors exist which resulted, or would result, in handling more material, or performing more work, than would be reasonably estimated from the Drawings and maps issued. (c) Any discrepancies which may be discovered between actual conditions and those represented by the Drawings and maps shall be reported at once to the Owner and work shall not proceed except at the Contractor's risk, until written instructions have been received by him from the Owner. (d) If, on the basis of the available evidence, the Owner determines that an adjustment of the Contract Price and/or time is justifiable, a change order shall be executed. 9. Termination, Delays, and Liquidated Damages (a) Right of the Owner to Terminate Contract. (b) In the event that any of the provisions of this contract are violated by the Contractor, or by any of his subcontractors, the Owner may serve written notice upon the Contractor and the Surety of its intention to terminate the contract. The notices shall contain the reasons for such intention to terminate the contract, and unless such violation or delay shall cease and satisfactory arrangement of correction be made within ten days, the contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, the Owner shall immediately serve notice thereof upon the Surety and the Contractor. The Surety shall have the right to take over and perform the contract. Provided, however, that if the Surety does not commence performance thereof within ten (10) days from the date of the mailing to such Surety of notice of termination, the Owner may take over the work and complete the project by bid/contract or by force account at the expense of the Contractor and his Surety shall be liable to the Owner for any excess cost incurred. In such event the Owner may take possession of and utilize in completing the work, such materials, appliances, and plant as may be on the site of the work and necessary therefore. 2014 TxCDBG Sewer Replacements General Contract Conditions K-10 j:AclericalAanna\2015-105 txcdbg 2014 sewer replacement\specs\contractV09-general contract conditions.docx (c) Liquidated Damages for Delays. (d) If the work is not completed within the time stipulated in the applicable bid for Lump Sum or Unit Price Contract provided, the Contractor shall pay to the Owner as fixed, agreed, and liquidated damages (it being impossible to determine the actual damages occasioned by the delay) the amount of $500.00 for each calendar day of delay, until the work is completed. The Contractor and his sureties shall be liable to the Owner for the amount thereof. (e) Excusable Delays. 1) The right of the Contractor to proceed shall not be terminated nor shall the Contractor be charged with liquidated damages for any delays in the completion of the work due to: 2) Any acts of the Government, including controls or restrictions upon or requisitioning of materials, equipment, tools, or labor by reason of war, national defense, or any other national emergency; 3) Any acts of the Owner; 4) Causes not reasonably foreseeable by the parties to this Contract at the time of the execution of the Contract which are beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, acts of another Contractor in the performance of some other contract with the Owner, fires, floods, epidemics, quarantine, restrictions, strikes, freight embargoes, and weather of unusual severity such as hurricanes, tornadoes, cyclones and other extreme weather conditions. 5) Provided, however, that the Contractor promptly notifies the Owner within ten (10) days in writing of the cause of the delay. Upon receipt of such notification, the Owner shall ascertain the facts and the cause and extent of delay. If, upon the basis of the facts and the terms of this contract, the delay is properly excusable, the Owner shall extend the time for completing the work for a period of time commensurate with the period of excusable delay. 10. Assignment or Novation The Contractor shall not assign or transfer, whether by an assignment or novation, any of its rights, duties, benefits, obligations, liabilities, or responsibilities under this Contract without the written consent of the Owner; provided, however, that assignments to banks or other financial institutions may be made without the consent of the Owner. No assignment or novation of this Contract shall be valid unless the assignment or novation expressly provides that the assignment of any of the Contractor's rights or benefits under the Contract is subject to a prior lien for labor performed, services rendered, and materials, tools, and equipment supplied for the performance of the work under this Contract in favor of all persons, firms, or corporations rendering such labor or services or supplying such materials, tools, or equipment. 11. Disputes (a) All disputes arising under this Contract or its interpretation except those disputes covered by FEDERAL LABOR STANDARDS PROVISIONS whether involving law or fact or both, or extra work, and all claims for alleged breach of contract shall, within ten (10) days of commencement of the dispute, be presented by the Contractor to the Owner for decision. Any claim not presented within the time limit specified in this paragraph shall be deemed to have been waived, except that if the claim is of a continuing character and notice of the 2014 TxCDBG Sewer Replacements General Contract Conditions K-11 j:AclericalAanna\2015-105 txcdbg 2014 sewer replacement\specs\contractV09-general contract conditions.docx claim is not given within ten (10) days of its commencement, the claim will be considered only for a period commencing ten (10) days prior to the receipt of the Owner. (b) The Contractor shall submit in detail his claim and his proof thereof. (c) If the Contractor does not agree with any decision of the Owner, he shall in no case allow the dispute to delay the work but shall notify the Owner promptly that he is proceeding with the work under protest. 12. Technical Specifications and Drawings Anything mentioned in the Technical Specifications and not shown on the Drawings or vice versa, shall be of like effect as if shown on or mentioned in both. In case of difference between Drawings and Technical Specifications, the Technical Specifications shall govern. In case of any discrepancy in Drawings, or Technical Specifications, the matter shall be immediately submitted to the Owner, without whose decision, said discrepancy shall not be adjusted by the Contractor, save only at his own risk and expense. 13. Shop Drawings (a) All required shop drawings, machinery details, layout drawings, etc. shall be submitted to the Engineer in electronic format (.PDF) for approval sufficiently in advance of requirements to afford ample time for checking, including time for correcting, resubmitting and rechecking if necessary. The Contractor may proceed, only at his own risk, with manufacture or installation of any equipment or work covered by said shop drawings, etc. until they are approved and no claim, by the Contractor, for extension of the contract time shall be granted by reason of his failure in this respect. (b) Any drawings submitted without the Contractor's stamp of approval will not be considered and will be returned to him for proper resubmission. If any drawings show variations from the requirements of the Contract because of standard shop practice or other reason, the Contractor shall make specific mention of such variation in his letter of transmittal in order that, if acceptable, suitable action may be taken for proper adjustment of contract price and/or time, otherwise the Contractor will not be relieved of the responsibility for executing the work in accordance with the Contract even though the drawings have been approved. (c) If a shop drawing is in accordance with the contract or involves only a minor adjustment in the interest of the Owner not involving a change in contract price or time; the engineer may approve the drawing. The approval shall not relieve the Contractor from his responsibility for adherence to the contract or for any error in the drawing. 14. Requests for Supplementary Information It shall be the responsibility of the Contractor to make timely requests of the Owner for any additional information not already in his possession which should be furnished by the Owner under the terms of this Contract, and which he will require in the planning and execution of the work. Such requests may be submitted from time to time as the need approaches, but each shall be filed in ample time to permit appropriate action to be taken by all parties involved so as to avoid delay. Each request shall be in writing, and list the various items and the latest date by which each will be required by the Contractor. The first list shall be submitted within two weeks after Contract award and shall be as complete as possible at that time. The Contractor shall, if requested, furnish promptly any assistance and information the Engineer may require in responding to these requests of the Contractor. The Contractor shall be fully responsible for any delay in his work or to others arising from his failure to comply fully with the provision of this section. 2014 TxCDBG Sewer Replacements General Contract Conditions K-12 j:AclericalAanna\2015-105 txcdbg 2014 sewer replacement\specs\contractV09-general contract conditions.docx 15. Materials and Workmanshi (a) Unless otherwise specifically provided for in the technical specifications, all workmanship, equipment, materials and articles incorporated in the work shall be new and the best grade of the respective kinds for the purpose. Where equipment, materials, articles or workmanship are referred to in the technical specifications as "equal to" any particular standard, the Engineer shall decide the question of equality. (b) The Contractor shall furnish to the Owner for approval the manufacturer's detailed specifications for all machinery, mechanical and other special equipment, which he contemplates installing together with full information as to type, performance characteristics, and all other pertinent information as required, and shall likewise submit for approval full information concerning all other materials or articles which he proposes to incorporate. (c) Machinery, mechanical and other equipment, materials or articles installed or used without such prior approval shall be at the risk of subsequent rejection. (d) Materials specified by reference to the number or symbol of a specific standard, shall comply with requirements in the latest revision thereof and any amendment or supplement thereto in effect on the date of the Invitation for Bids, except as limited to type, class or grade, or modified in the technical specifications shall have full force and effect as though printed therein. (e) The Owner may require the Contractor to dismiss from the work such employee or employees as the Owner or the Engineer may deem incompetent, or careless, or insubordinate. 16. Samples, Certificates and Tests (a) The Contractor shall submit all material or equipment samples, certificates, affidavits, etc., as called for in the contract documents or required by the Engineer, promptly after award of the contract and acceptance of the Contractor's bond. No such material or equipment shall be manufactured or delivered to the site, except at the Contractor's own risk, until the required samples or certificates have been approved in writing by the Engineer. Any delay in the work caused by late or improper submission of samples or certificates for approval shall not be considered just cause for an extension of the contract time. (b) Each sample submitted by the Contractor shall carry a label giving the name of the Contractor, the project for which it is intended, and the name of the producer. The accompanying certificate or letter from the Contractor shall state that the sample complies with contract requirements, shall give the name and brand of the product, its place of origin, the name and address of the producer and all specifications or other detailed information which will assist the Engineer in making a prompt decision regarding the acceptability of the sample. It shall also include the statement that all materials or equipment furnished for use in the project will comply with the samples and/or certified statements. (c) Approval of any materials shall be general only and shall not constitute a waiver of the Owner's right to demand full compliance with Contract requirements. After actual deliveries, the Engineer will have such check tests made as he deems necessary in each instance and may reject materials and equipment and accessories for cause, even though such materials and articles have been given general approval. If materials, equipment or accessories which fail to meet check tests have been incorporated in the work, the Engineer will have the right to cause their removal and replacement by proper materials or to demand and secure such reparation by the Contractor as is equitable. 2014 TxCDBG Sewer Replacements General Contract Conditions K-13 j:AclericalAanna\2015-105 txcdbg 2014 sewer replacement\specs\contractV09-general contract conditions.docx (d) Except as otherwise specifically stated in the Contract, the costs of sampling and testing will be divided as follows: 1) The Contractor shall furnish without extra cost, including packing and delivery charges, all samples required for testing purposes, except those samples taken on the project by the Engineer; 2) The Contractor shall assume all costs of re -testing materials which fail to meet contract requirements; 3) The Contractor shall assume all costs of testing materials offered in substitution for those found deficient; 4) The Owner will pay all other expenses. 17. Permits and Codes (a) The Contractor shall give all notices required by and comply with all applicable laws, ordinances, and codes of the Local Government. All construction work and/or utility installations shall comply with all applicable ordinances, and codes including all written waivers. Before installing any work, the Contractor shall examine the drawings and technical specifications for compliance with applicable ordinances and codes and shall immediately report any discrepancy to the Owner. Where the requirements of the drawings and technical specifications fail to comply with such applicable ordinances or codes, the Owner will adjust the Contract by Change Order to conform to such ordinances or codes (unless waivers in writing covering the difference have been granted by the governing body or department) and make appropriate adjustment in the Contract Price or stipulated unit prices. (b) Should the Contractor fail to observe the foregoing provisions and proceed with the construction and/or install any utility at variance with any applicable ordinance or code, including any written waivers (notwithstanding the fact that such installation is in compliance with the drawings and technical specifications), the Contractor shall remove such work without cost to the Owner. (c) The Contractor shall at his own expense, secure and pay for all permits for street pavement, sidewalks, shed, removal of abandoned water taps, sealing of house connection drains, pavement cuts, buildings, electrical, plumbing, water, gas and sewer permits required by the local regulatory body or any of its agencies. (d) The Contractor shall comply with applicable local laws and ordinances governing the disposal of surplus excavation, materials, debris and rubbish on or off the Project Area and commit no trespass on any public or private property in any operation due to or connected with the Improvements contained in this Contract. (e) The Contractor will be required to make arrangements for and pay the water, electrical power, or any other utilities required during construction. (f) During construction of this project, the Contractor shall use every means possible to control the amount of dust created by construction. Prior to the close of a day's work, the Contractor, if directed by the Owner, shall moisten the bank and surrounding area to prevent a dusty condition. 2014 TxCDBG Sewer Replacements General Contract Conditions K-14 j:AclericalAanna\2015-105 txcdbg 2014 sewer replacement\specs\contractV09-general contract conditions.docx 18. Care of Work (a) The Contractor shall be responsible for all damages to person or property that occur as a result of his fault or negligence in connection with the prosecution of the work and shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance. (b) The Contractor shall provide sufficient competent watchmen, both day and night, including Saturdays, Sundays, and holidays, from the time the work is commenced until final completion and acceptance. (c) In an emergency affecting the safety of life, limb or property, including adjoining property, the Contractor, without special instructions or authorization from the Owner is authorized to act at his discretion to prevent such threatened loss or injury, and he shall so act. He shall likewise act if instructed to do so by the Owner. (d) The Contractor shall avoid damage as a result of his operations to existing sidewalks, streets, curbs, pavements, utilities (except those which are to be replaced or removed), adjoining property, etc., and he shall at his own expense completely repair any damage thereto caused by his operations. (e) The Contractor shall shore up, brace, underpin, secure, and protect as maybe necessary, all foundations and other parts of existing structures adjacent to, adjoining, and in the vicinity of the site, which may be in any way affected by the excavations or other operations connected with the construction of the improvements included in this Contract. The Contractor shall be responsible for the giving of any and all required notices to any adjoining or adjacent property owner or other party before the commencement of any work. The Contractor shall indemnify and save harmless the Owner from any damages on account of settlements or the loss of lateral support of adjoining property and from all loss or expense and all damages for which the Owner may become liable in consequence of such injury or damage to adjoining and adjacent structures and their premises. 19. Accident Prevention (a) No laborer or mechanic employed in the performance of this Contract shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety as determined under construction safety and health standards promulgated by the Secretary of Labor. (b) The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of his prosecution of the work. (c) The Contractor shall maintain an accurate record of all cases of death, occupational disease, or injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the Contract. The Contractor shall promptly furnish the Owner with reports concerning these matters. (d) The Contractor shall indemnify and save harmless the Owner from any claims for damages resulting from property damage, personal injury and/or death suffered or alleged to have been suffered by any person as a result of any work conducted under this contract. (e) The Contractor shall provide trench safety for all excavations more than five feet deep prior to excavation. All OSHA Standards for trench safety must be adhered to by the Contractor. 2014 TxCDBG Sewer Replacements General Contract Conditions K-15 j:AclericalAanna\2015-105 txcdbg 2014 sewer replacement\specs\contractV09-general contract conditions.docx (f) The contractor shall at all times conduct his work in such a manner as to insure the least possible inconvenience to vehicular and pedestrian traffic. At the close of the work each day, all streets where possible in the opinion of the Owner, shall be opened to the public in order that persons living in the area may have access to their homes or businesses by the use of the streets. Barricades, warning signs, and necessary lighting shall be provided to the satisfaction of the Owner at the expense of the Contractor. 20. Sanitary Facilities The Contractor shall furnish, install and maintain ample sanitary facilities for the workmen. As the needs arise, a sufficient number of enclosed temporary toilets shall be conveniently placed as required. Drinking water shall be provided from an approved source, so piped or transported as to keep it safe and fresh and served from single service containers or satisfactory types of sanitary drinking stands or fountains. All such facilities and services shall be furnished in strict accordance with existing and governing health regulations. 21. Use of Premises (a) The Contractor shall confine his equipment, storage of materials, and construction operations to the contract limits as shown on the drawings and as prescribed by ordinances or permits, or as may be desired by the Owner, and shall not unreasonably encumber the site or public rights of way with his materials and construction equipment. (b) The Contractor shall comply with all reasonable instructions of the Owner and all existing state and local regulations regarding signs, advertising, traffic, fires, explosives, danger signals, and barricades. 22. Removal of Debris, Cleaning, Etc. The Contractor shall, periodically or as directed during the progress of the work, remove and legally dispose of all surplus excavated material and debris, and keep the Project Area and public rights of way reasonably clear. Upon completion of the work, he shall remove all temporary construction facilities, debris and unused materials provided for work, and put the whole site of the work and public rights of way in a neat and clean condition. 23. Inspection (a) All materials and workmanship shall be subject to inspection, examination, or test by the Owner and Engineer at any and all times during manufacture or construction and at any and all places where such manufacture or construction occurs. The Owner shall have the right to reject defective material and workmanship or require its correction. Unacceptable workmanship shall be satisfactorily corrected. Rejected material shall be promptly segregated and removed from the Project Area and replaced with material of specified quality without charge. If the Contractor fails to proceed at once with the correction of rejected workmanship or defective material, the Owner may by contract or otherwise have the defects remedied or rejected materials removed from the Project Area and charge the cost of the same against any Monies which may be due the Contractor, without prejudice to any other rights or remedies of the Owner. (b) The Contractor shall furnish promptly all materials reasonably necessary for any tests which may be required. All tests by the Owner will be performed in such manner as not to delay the work unnecessarily and will be made in accordance with the provisions of the technical specifications. 2014 TxCDBG Sewer Replacements General Contract Conditions K-16 j:AclericalAanna\2015-105 txcdbg 2014 sewer replacement\specs\contractV09-general contract conditions.docx (c) The Contractor shall notify the Owner sufficiently in advance of back filling or concealing any facilities to permit proper inspection. If any facilities are concealed without approval or consent of the Owner, the Contractor shall uncover for inspection and recover such facilities at his own expense, when so requested by the Owner. (d) Should it be considered necessary or advisable by the Owner at any time before final acceptance of the entire work to make an examination of work already completed by uncovering the same, the Contractor shall on request promptly furnish all necessary facilities, labor, and material. If such work is found to be defective in any important or essential respect, due to fault of the Contractor or his subcontractors, the Contractor shall defray all the expenses of such examination and of satisfactory reconstruction. If, however, such work is found to meet the requirements of the Contract, the actual cost of labor and material necessarily involved in the examination and replacement, shall be allowed the Contractor and he shall, in addition, if completion of the work of the entire Contract has been delayed thereby, be granted a suitable extension of time on account of the additional work involved. (e) Inspection of materials and appurtenances to be incorporated in the improvements included in this Contract may be made at the place of production, manufacture or shipment, whenever the quantity justifies it, and such inspection and acceptance, unless otherwise stated in the technical specifications, shall be final, except as regards (1) latent defects, (2) departures from specific requirements of the Contract, (3) damage or loss in transit, or (4) fraud or such gross mistakes as amount to fraud. Subject to the requirements contained in the preceding sentence, the inspection of materials as a whole or in part will be made at the Project Site. (f) Neither inspection, testing, approval nor acceptance of the work in whole or in part, by the Owner or its agents shall relieve the Contractor or his sureties of full responsibility for materials furnished or work performed not in strict accordance with the Contract. 24. Review by Owner The Owner and its authorized representatives and agents shall have access to and be permitted to observe and review all work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, and other relevant data and records pertaining to this Contract, provided, however that all instructions and approval with respect to the work will be given to the Contractor only by the Owner through its authorized representatives or agents. 25. Final Inspection When the Improvements included in this Contract are substantially completed, the Contractor shall notify the Owner in writing that the work will be ready for final inspection on a definite date which shall be stated in the notice. The Owner will make the arrangements necessary to have final inspection commenced on the date stated in the notice, or as soon thereafter as is practicable. 26. Deduction for Uncorrected Work If the Owner deems it not expedient to require the Contractor to correct work not done in accordance with the Contract Documents, an equitable deduction from the Contract Price will be made by agreement between the Contractor and the Owner and subject to settlement, in case of dispute, as herein provided. 2014 TxCDBG Sewer Replacements General Contract Conditions K-17 j:AclericalAanna\2015-105 txcdbg 2014 sewer replacement\specs\contractV09-general contract conditions.docx 27. Insurance The Contractor shall not commence work under this contract until he has obtained all the insurance required under this paragraph and such insurance has been approved by the Owner. (a) Compensation Insurance: The Contractor shall procure and shall maintain during the life of this contract Worker's Compensation Insurance as required by the State of Texas for all of his employees to be engaged in work at the site of the project under this contract and, in case of any such work sublet, the Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor's Worker's Compensation Insurance. (b) Contractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance: The Contractor shall procure and shall maintain during the life of this contract Contractor's Public Liability Insurance, Contractor's Property Damage Insurance and Vehicle Liability Insurance in the following amounts: • 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. (c) Proof of Insurance: The Contractor shall furnish the Owner with certificates showing the type, amount, class of operations covered, effective dates and date of expiration of policies. Such certificates shall also contain substantially the following statement: "The insurance covered by this certificate will not be canceled or materially altered, except after ten (10) days written notice has been received by the Owner." 28. Warranty of Title No material, supplies, or equipment to be installed or furnished under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale, lease -purchase or other agreement by which an interest is retained by the seller or supplier. The Contractor shall warrant good title to all materials, supplies, and equipment installed or incorporated in the work and upon completion of all work, shall deliver the same together with all improvements and appurtenances constructed or placed by him to the Owner free from any claims, liens, or charges. Neither the Contractor nor any person, firm, or corporation furnishing any material or labor for any work covered by this Contract shall have any right to a lien upon any improvement or appurtenance. Nothing contained in this paragraph, however, shall defeat or impair the right of persons furnishing materials or labor to recover under any law permitting such persons to look to funds due the Contractor in the hands of the Owner. The provisions of this paragraph shall be inserted in all subcontracts and material contracts and notice of its provisions shall be given to all persons furnishing materials for the work when no formal contract is entered into for such materials. 2014 TxCDBG Sewer Replacements General Contract Conditions K-18 j:AclericalAanna\2015-105 txcdbg 2014 sewer replacement\specs\contractV09-general contract conditions.docx 29. Warranty of Workmanship and Materials Neither the final certificate of payment nor any provision in the Contract nor partial or entire use of the improvements included in this Contract by the Owner or the public shall constitute an acceptance of work not done in accordance with the Contract or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall promptly remedy any defects in the work and pay for any damage to other work resulting therefrom which shall appear within a period of 24-months from the date of final acceptance of the work. 30. ComDliance with Air and Water Acts (a) In compliance with the Clean Air Act, as amended, 41 U.S.C. Sec. 7401 et. seq., and the regulations of the Environmental Protection Agency with respect thereto, the Contractor agrees that: 1) Any facility to be utilized in the performance of this contract or any subcontract shall not be a facility listed on the EPA List of Violating Facilities pursuant to 40 CFR 15.20. 2) He will comply with all requirements of Section 114 of the Clean Air Act, as amended. 3) Materials utilized in the project shall be free of any hazardous materials, except as may be specifically provided for in the specifications. (b) If the Contractor encounters existing material on sites owned or controlled by the Owner or in material sources that are suspected by visual observation or smell to contain hazardous materials, the Contractor shall immediately notify the Engineer and the Owner. The Owner will be responsible for testing for and removal or disposition of hazardous materials on sites owned or controlled by the Owner. The Owner may suspend the work, wholly or in part during the testing, removal or disposition of hazardous materials on sites owned or controlled by the Owner. 31. Equal Employment Opportunity (a) The Contractor will not discriminate against any employee or the applicant for employment because of race, color, religion, sex, familial status, physical and metal handicap, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, familial status, physical and metal handicap, or national origin. Such action shall include, but not be limited to the following: employment, promotion, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the owner. (b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, familial status, physical and metal handicap, or national origin. (c) The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. 2014 TxCDBG Sewer Replacements General Contract Conditions K-19 j:AclericalAanna\2015-105 txcdbg 2014 sewer replacement\specs\contractV09-general contract conditions.docx (d) The Contractor shall take affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. (e) Contractors are encouraged to participate in voluntary associations which assist in fulfilling their affirmative action obligations. (f) The Contractor is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non - minority. (g) The Contractor shall not use the affirmative action standards to discriminate against any person because of race, color, religion, sex, familial status, physical and metal handicap, or national origin. (h) The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts. (i) Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents. 32. Affirmative Action for Workers with Disabilities The Contractor will not discriminate against any employee or applicant for employment because of disability in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified individuals with disabilities without discrimination based upon their disability in all employment practices such as the following: employment, promotion, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 33. Section 109 of the Housing and Community Development Act of 1974 No person in the United States shall on the ground of race, color, religion, sex, familial status, physical and metal handicap, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 34. The Provision of Local Training, Employment, and Business Opportunities (a) To the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. (b) The Contractor will include this clause in every subcontract for work in connection with the project. 35. Non Segregated Facilities The Contractor certifies that he does not and will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not and will not permit his employees any segregated facilities at any of his establishments, or permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. As used in this paragraph the term "segregated facilities" means any waiting rooms, work areas, rest rooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, 2014 TxCDBG Sewer Replacements General Contract Conditions K-20 j:AclericalAanna\2015-105 txcdbg 2014 sewer replacement\specs\contractV09-general contract conditions.docx transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. 36. Job Offices (a) The Contractor and his subcontractors may maintain such office and storage facilities on the site as are necessary for the proper conduct of the work. These shall be located so as to cause no interference to any work to be performed on the site. The Owner shall be consulted with regard to locations. (b) Upon completion of the improvements, or as directed by the Owner, the Contractors shall remove all such temporary structures and facilities from the site, and leave the site of the work in the condition required by the Contract. 37. Partial Use of Site Improvements The Owner may give notice to the Contractor and place in use those sections of the improvements which have been completed, inspected and can be accepted as complying with the technical specifications and if in its opinion, each such section is reasonably safe, fit, and convenient for the use and accommodation for which it was intended, provided: (a) The use of such sections of the Improvements shall in no way impede the completion of the remainder of the work by the Contractor. (b) The Contractor shall not be responsible for any damages or maintenance costs due directly to the use of such sections. (c) The period of guarantee stipulated in the Section 29 hereof shall not begin to run until the date of the final acceptance of all work which the Contractor is required to construct under this Contract. 38. Contract Documents and Drawings The Local Public Agency will furnish the Contractor without charge Five (5) copies of the Contract Documents, including Technical Specifications and Drawings. Additional copies requested by the Contractor will be furnished at cost. 39. Contract Period The work to be performed under this contract shall commence within the time stipulated by the Owner in the Notice to Proceed, and shall be fully completed within Ninety (90) calendar days thereafter. 40. Liquidated Damages Since the actual damages for any delay in completion of the work under this contract are impossible to determine, the Contractor and his Sureties shall be liable for and shall pay to the Owner the sum of Five Hundred Dollars ($500.00) as fixed, agreed and liquidated damages for each calendar day of delay from the above stipulated time for completion. 2014 TxCDBG Sewer Replacements General Contract Conditions K-21 j:AclericalAanna\2015-105 txcdbg 2014 sewer replacement\specs\contractV09-general contract conditions.docx Federal Labor Standards Provisions U.S. Department of Housing And Urban Development The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage rate and fringe benefits therefore only when the following criteria have been met. (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140). (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of an laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program. Provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the 2014 TxCDBG Sewer Replacements Federal Labor Standards Provisions K-22 jAclerical\anna\2015-105 txcdbg 2014 sewer replacement\specs\contract\l0-federal labor sts.docx contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract, in the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3. (1) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates or contributions or costs anticipated for bona fide fringe benefits or cash equivalents there of the types described in Section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017). (ii)(a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-0014-1), U. S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149). (b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(i) and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH- 347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b) of this section. (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph A.3.(i) of this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to 2014 TxCDBG Sewer Replacements Federal Labor Standards Provisions K-23 jAclerical\anna\2015-105 txcdbg 2014 sewer replacement\specs\contract\l0-federal labor sts.docx the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. (4) Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration. Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. the ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may be appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the David - Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the 2014 TxCDBG Sewer Replacements Federal Labor Standards Provisions K-24 jAclerical\anna\2015-105 txcdbg 2014 sewer replacement\specs\contract\l0-federal labor sts.docx procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part "Whoever, for the purpose of ... influencing in any way the action of such Administration... makes, utters or publishes any statement, knowing the same to be false... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor with the same prime contract, or any other Federally - assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat.96). (3) The Contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 2014 TxCDBG Sewer Replacements Federal Labor Standards Provisions K-25 jAclerical\anna\2015-105 txcdbg 2014 sewer replacement\specs\contract\l0-federal labor sts.docx CONTRACTOR'S LOCAL OPPORTUNITY PLAN A&M Construction & Utilities, Inc. agrees to implement the following specific affirmative action steps directed at increasing the utilization of lower income residents and businesses within the (City/County) of City of Anna. A. To ascertain from the Grant Recipient's CDBG program official the exact boundaries of the project area and where advantageous, seek the assistance of local officials in preparing and implementing the affirmative action plan. B. To attempt to recruit from within the city the necessary number of lower income residents through: local advertising media, signs placed at the proposed site for the project, and community organizations and public or private institutions operating within and servicing the project area such as Service Employment and Redevelopment (SER), Opportunities Industrialization Center (OIC), Urban League, Concentrated Employment Program, Hometown Plan, or the U.S. Employment Service. C. To maintain a list of all lower income residents who have applied either on their own or on referral from any source, and to employ such persons, if otherwise eligible and if a vacancy exists. D. To insert this plan in all bid documents and to require all bidders on subcontracts to submit an affirmative action plan including utilization goals and the specific steps planned to accomplish these goals. E. To insure that subcontracts (greater than $10,000), which are typically let on a negotiated rather than a bid basis in areas other than the covered project area, are also let on a negotiated basis, whenever feasible, in a covered project area. F. To formally contact unions, subcontractors, and trade associations to secure their cooperation in this effort. G. To insure that all appropriate project area business concerns are notified of pending sub -contractual opportunities. H. To maintain records, including copies of correspondence, memoranda, etc., which document that all of the above affirmative action steps have been taken. I. To appoint or recruit an executive official of the company or agency as Equal Opportunity Officer to coordinate the implementation of this plan. J. To maintain records concerning the amount and number of contracts, subcontracts, and purchases which contribute to objectives. K. To maintain records of all projected work force needs for all phases of the project by occupation, trade, skill level, and number of positions and to update these projections based on the extent to which hiring meets these Local Opportunity objectives. As officers and representatives of A&M Construction & Utilities, Inc. we the undersigned have read and fully agree to this Plan, and become a party to the full implementation of the program and its provisions. Antonio Banda President Title Date 2014 TxCDBG Sewer Replacements Local Opportunity Plan Form K-26 jAclerical\anna\2015-105 txcdbg 2014 sewer replacement\specs\contract\11-local opportunity plan.docx PROPOSED CONTRACTS BREAKDOWN Type of Contracts No. of Contracts Approx. Total Dollar Amount Estimated No. to local Business Estimated $ Amount Local Business ESTIMATED PROJECT WORKFORCE BREAKDOWN Work Classifications Total Estimated Positions No. of Positions Currently Filled No. of Positions not Filled No. of Positions to fill with L/M Residents Totals 2014 TxCDBG Sewer Replacements Local Opportunity Plan Form K-27 j:\clerical\anna\2015-105 txcdbg 2014 sewer replacement\specs\contract\11-local opportunity plan.docx STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. Name of Bidder: A&M Construction & Utilities, Inc. Date Organized: September 2006 Address: 4950 Grisham Dr., Rowlett, Texas 75088 Number of years in contracting business under present name: CONTRACTS ON HAND: Date Incorporated: September 2006 9-Years Contract Amount ($) Completion Date Colleyville: Area 1 and Area 2 Water Facility Renewals $1,874,119.25 10/15/2015 Breckenridge: Water Line Improvements $1,429,063.75 02/01/2016 Hackberr : TxCDBG 2014 Hackberry Water Sys Improvement $166,702.00 10/01/2015 Type of work performed by your company: Underground Utilities, General Construction Have you ever failed to complete any work awarded to you? Have you ever defaulted on a contract? No No List the projects most recently completed by your firm (include project of similar importance): Project Amount ($) Mo/Yr Completed Argyle: Country Club Road 6" Force Main Relocation $392,146.00 06/30/2014 Ft. Worth: Water Replacement Contract 2009, WM: D $787,071.50 11/30/2014 Euless: El Camino Real Water Line Replacement $352,554.75 02/01/2015 Major equipment available for this contract: JD 200L; Komatsu PC138; Freiqhtliner Tandem Dump; JD 310 Backhoe Loader Attach resume(s) for the principal member(s) of your organization, including the officers as well as the proposed superintendent for the project. Credit available: $ Bank reference: Chase Bank, Casey Seabolt (972) 475-3232 The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City of Anna in verification of the recitals comprising this Statement of Bidder's Qualifications. Executed this day of By: (signature): (print name): Antonio Banda , 2015. Title: President 2014 TxCDBG Sewer Replacements Local Opportunity Plan Form K-28 jAclerical\anna\2015-105 txcdbg 2014 sewer replacement\specs\contract\11-local opportunity plan.docx CONTRACTOR CERTIFICATIONS U.S. Department of Housing and Urban Development CERTIFICATION OF BIDDER REGARDING CIVIL RIGHTS LAWS AND REGULATIONS INSTRUCTIONS CERTIFICATION OF BIDDER REGARDING Executive Order 11246 and Federal Laws Requiring Federal Contractor to adopt and abide by equal employment opportunity and affirmative action in their hiring, firing, and promotion practices. This includes practices related to race, color, gender, religion, national origin, disability, and veterans' rights. NAME AND ADDRESS OF BIDDER (include ZIP Code) A&M Construction & Utilities, Inc. 4950 Grisham Dr. Rowlett, Texas 75088 CERTIFICATION BY BIDDER Bidder has participated in a previous contract or subcontract subject to Civil Rights Laws and Regulations. R Yes ❑ No The undersigned hereby certifies that: R The Provision of Local Training, Employment, and Business Opportunities clause (Section 3 provision) is included in the Contract. A written Section 3 plan (Local Opportunity Plan) was prepared and submitted as part of the bid proceedings (if bid equals or exceeds $100,000). R The Non Segregated Facilities clause (Section 109 provision) is included in the Contract. No segregated facilities will be maintained as required by Title VI of the Civil Rights Act of 1964. R The Equal Employment Opportunity clause is included in the Contract (if bid equals or exceeds $10,000). R The Affirmative Action for Handicapped Workers clause is included in the contract. Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as amended? ❑ Yes R No NAME AND TITLE OF SIGNER (Please type) Antonio Banda, President SIGNATURE DATE 2014 TxCDBG Sewer Replacements Local Opportunity Plan Form K-29 jAclerical\anna\2015-105 txcdbg 2014 sewer replacement\specs\contract\11-local opportunity plan.docx SECTION 504 CERTIFICATION POLICY OF NONDISCRIMINATION ON THE BASIS OF DISABILITY The A&M Construction & Utilities, Inc. does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its federally assisted programs or activities. Name: Antonio Banda, President Address: 4950 Grisham Dr. Rowlett, Texas 75088 City State Zip Telephone Number (972) 412-0255 Voice ( ) - TDD has been designated to coordinate compliance with the nondiscrimination requirements contained in the Department of Housing and Urban Development's (HUD) regulations implementing Section 504 (24 CFR Part 8. dated June 2, 1988). 2014 TxCDBG Sewer Replacements Local Opportunity Plan Form K-30 j:\clerical\anna\2015-105 txcdbg 2014 sewer replacement\specs\contract\11-local opportunity plan.docx U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS TO (appropriate recipient): DATE: September 25, 2015 PROJECT NUMBER (if any): C/O: City of Anna, Texas PROJECT NAME: 2014 TCDBG Sewer Replacements The undersigned, having executed a contract with The City of Anna for the construction of the above -identified project, acknowledges that: (a) The Labor Standards provisions are included in the aforesaid contract, (b) Correction of any infractions of the aforesaid conditions, including infractions by any of his subcontractors and any lower tier subcontractors, is his responsibility. 2. He certifies that: (a) Neither he nor any firm, partnership or association in which he has substantial interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b) of the Regulations of the Secretary of Labor, Part 5 (29 CFR, Part 5) or pursuant to Section 3(a) of the Davis -Bacon Act, as amended. (b) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontractor or any firm, corporation, partnership or association in which such subcontractor has a substantial interest is designated as an ineligible contractor pursuant to any of the aforementioned regulatory or statutory provisions. 3. He agrees to obtain and forward to the aforementioned recipient within ten days after the execution of any subcontract, including those executed by his subcontractors and any lower tier subcontractors, a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements executed by the subcontractors. 4. He certifies that: (a) The legal name and the business address of the undersigned are: A&M Construction & Utilities, Inc. 4950 Grisham Dr. Rowlett, Texas 75088 b The undersigned is: (1) A SINGLE PROPRIETORSHIP (3) A CORPORATION ORGANIZED IN THE STATE OF Texas (2) A PARTNERSHIP (4) OTHER ORGANIZATION (Describe) (c) The name, title and address of the owner, partners or officers of the undersigned are: NAME TITLE ADDRESS Antonio Banda President 4622 Carmel Lane Rowlett, Texas 75088 Maricela Banda Secretry of Treasury 4622 Carmel Lane Rowlett, Texas 75088 2014 TxCDBG Sewer Replacements Local Opportunity Plan Form K-31 j:\clerical\anna\2015-105 txcdbg 2014 sewer replacement\specs\contract\l l-local opportunity plan.docx Date (d) The names and addresses of all other persons having a substantial interest in the undersigned, and the nature of the interest are: (e) The names, addresses and trade classifications of all other building construction contractors in which the undersigned has a substantial interest are: By A&M Construction & Utilities, Inc. (Contractor) 2014 TxCDBG Sewer Replacements Local Opportunity Plan Form K-32 jAclerical\anna\2015-105 txcdbg 2014 sewer replacement\specs\contract\11-local opportunity plan.docx State of Texas) County of Dallas) NONCOLLUSION AFFIDAVIT OF PRIME BIDDER Antonio Banda , being first duly sworn, deposes and says that: 1) He is President of A&M Construction & Utilities, Inc. the Bidder that has submitted the attached Bid; 2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3) Such Bid is genuine and is not a collusive or sham Bid; 4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with another Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix an overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Anna (Local Public Agency) or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Subscribed and sworn to me this day of My commission expires Antonio Banda President Title Notary Public 2014 TxCDBG Sewer Replacements Local Opportunity Plan Form K-33 j:\clerical\anna\2015-105 txcdbg 2014 sewer replacement\specs\contract\11-local opportunity plan.docx PHILADELPHIA Philadelphia Indemnity Insurance Company One Bala Plaza, Suite 100 INSURANCE COMPANIES Bala Cynwyd, PA 19004 BID BOND KNOW ALL PERSONS BY THESE PRESENTS, That we, A&M Construction and Utilities Inc. Principal, and PHILADELPHIA INDEMNITY INSURANCE COMPANY, a corporation authorized to transact a general surety business in the State of Texas, as Surety, are held an firmly bound unto City of Anna, 111 North Powell Parkway, Anna, TX 75409 (hereinafter called the Obligee)in the full and just sum of Greatest Amount Bid ($ 5% G.A.B. Five Percent (5%) of the for the payment whereof in lawful money of the United States , we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIAL has submitted the accompanying bid for; 2014 TCDBG Sewer Replacements Anna, TX NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, or in the event of the failure of the Principal to enter such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and Sealed this 25th day of September and Utilities Inc. 20 15 "MJ'3L1oni"g&n, A 1NllE NITY INSURANCE COMPANY Brent . Attorney-ul-1 act (Seat) 1217 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint: Raul F. Campa, Debbie Palmer, Kara Pierce and Brent M. Blonigan of Grayhawk Insurance Associates of Richardson, TX. Its true and lawful Attorney(s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25,000,000 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the V day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7T" DAY OF FEBRUARY 2013. (Seal) o. , Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 71h day of February 2013, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. C[�M SYLV HOTARiAL 2 L DAW}FJ [J POFAT, Notary PLO LoYer Merkn Tw ..?".:WCiou ry Commission Mt 2 ON, Notary Public: residing at: Bala Cynwyd, PA (Notary Seal) My commission expires: March 22, 2016 _ I, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, FF In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 2611day of tilt_ 20-6. Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary yP. 's., Y ; PHILADELPHIA INDEMNITY INSURANCE COMPANY i1927- a *"f.v� IMPORTANT NOTICE To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-877-438-7459 You may also write Philadelphia Indemnity Insurance Company at: One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004 Attention: Senior Vice President and Director of Surety You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 Fax# 512-475-1771 Web: httP:/1www.tdi.state.tx.us Email: Cans umerProtectionStdi.state. tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document. ADVISO IMPORTANTE Para obener informacion o para someter una queja: Usted puede Ilamar al numero de telefono gratis de para informacion o para someter una queja al: 1-877-438-7459 Usted tanbien puede escribir a Philadelphia Indemnity Insurance Company: One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004 Attention: Senior Vice President and Director of Surety Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departmento de Seguros de Texas- P.O. Box 149104 Austin, TX 78714-9104 Fax# 512-475-1771 Web: http://www.tdi.state.tx.us Email: Con surnerProtection tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el Surety primero. Si no se resuelve la disputa, puede entonces comunicarrse con el departamento (TDI). UNA ESTE AVISO A SU FIANZA DE GARANTIA: Este aviso es solo para proposito de information y no se convierte en parte o condition del documento adj u nto. CERTIFICATE AS TO CORPORATE PRINCIPAL I, Marisela Banda , certify that I am the Secretary of Treasury , of the Corporation named as Principal in the within bond; that Antonio Banda , who signed the said bond on behalf of the Principal was then President of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to, for and in behalf of said corporation by authority of this governing body. Signature: Corporate Seal Marisela Banda, Secretary of Treasury * Power -of -attorney for person signing for surety company must be attached to bond. 2014 TxCDBG Sewer Replacements Bonding Forms K-35 jAclerical\anna\2015-105 txcdbg 2014 sewer rep1acement\specs\contract\12a-bonding forms.docx PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that A&M Construction & Utilities, Inc. (Name of Contractor or Company) 4950 Grisham Dr., Rowlett, Texas 75088 (Address) a Corporation hereinafter called Principal, (Corporation / Partnership) and Philadelphia Indemnity Insurance Company (Name of Surety Company) One Bala Plaza, Suite 100, Bala Cynwyd, PA 19004 (Address) hereinafter called Surety, are held and firmly bound unto The City of Anna, Texas (Name of Recipient) 111 N. Powell Pkwy., Anna, Texas 75409 (Recipient's Address) hereinafter called OWNER, in the penal sum of Two Hundred Eighty -Eight Thousand, Eight Hundred Forty -One and 15/100 Dollars, $288,841.15 in lawful money of the United States, for this payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONFIDENTIALITY OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of 20 , a copy of which is hereto attached and made a part hereof for the construction of: 2014 TCDBG Sewer Replacements (Project Name) NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUB- CONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUB- CONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. 2014 TxCDBG Sewer Replacements Bonding Forms K-36 jAclerical\anna\2015-105 txcdbg 2014 sewer rep1acement\specs\contract\12a-bonding forms.docx PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in which shall be deemed an original, this the A&M Construction & Utilities, Inc. Principal By Antonio Banda Title: President Address: 4950 Grisham Dr. Rowlett, Texas 75088 ATTEST: By: Title: (Witness as to Principal) Address: (SEAL) (Number) day of counter -parts, each on of 20 Philadelphia Indemnity Insurance Company Surety Brent M. Blonigan Title: Attorney -in -Fact) Address: 1740 N. Collins Blvd., Suite 200 Richardson, Texas 75080 ATTEST: By: Title: Address: (Witness as to Surety) NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. 2014 TxCDBG Sewer Replacements Bonding Forms K-37 jAclerical\anna\2015-105 txcdbg 2014 sewer rep1acement\specs\contract\12a-bonding forms.docx PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that A&M Construction & Utilities, Inc. (Name of Contractor or Company) 4950 Grisham Dr., Rowlett, Texas 75088 (Address) a Corporation hereinafter called Principal, (Corporation / Partnership) and Philadelphia Indemnity Insurance Company (Name of Surety Company) One Bala Plaza, Suite 100, Bala Cynwyd, PA 19004 (Address) hereinafter called Surety, are held and firmly bound unto The City of Anna, Texas (Name of Recipient) 111 N. Powell Pkwy., Anna, Texas 75409 (Recipient's Address) hereinafter called OWNER, in the penal sum of Two Hundred Eighty -Eight Thousand, Eight Hundred Forty -One and 15/100 Dollars $288,841.15 in lawful money of the United States, for the payment of which sum well and truly to be made we bind ourselves, successors, and assigns, jointly and severally, firmly in these presents. THE CONDITION OF THIS OBBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER dated the day of , 20 , a copy of which is hereto attached and made a part hereof for the construction of: 2014 TCDBG Sewer Replacements (Project Name) NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties in all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. 2014 TxCDBG Sewer Replacements Bonding Forms K-38 jAclerical\anna\2015-105 txcdbg 2014 sewer rep1acement\specs\contract\12a-bonding forms.docx PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in which shall be deemed an original, this the A&M Construction & Utilities, Inc. Principal By Antonio Banda Title: President Address: 4950 Grisham Dr. Rowlett, Texas 75088 ATTEST: By: Title: (Witness as to Principal) Address: (SEAL) (Number) day of counterparts, each on of 20 Philadelphia Indemnity Insurance Company Surety Brent M. Blonigan Title: Attorney -in -Fact) Address: 1740 N. Collins Blvd., Suite 200 Richardson, Texas 75080 ATTEST: By: Title: Address: (Witness as to Surety) NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. 2014 TxCDBG Sewer Replacements Bonding Forms K-39 jAclerical\anna\2015-105 txcdbg 2014 sewer rep1acement\specs\contract\12a-bonding forms.docx ATTORNEY'S REVIEW CERTIFICATION I, the undersigned, the duly authorized and acting legal representative of the The City of Anna, Texas do hereby certify as follows: I have examined the attached contract(s) and surety bonds and am of the opinion that each of the agreements may be duly executed by the proper parties, acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties; and that the agreements shall constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof. Attorney's signature: Print Attorney's name: Date: 2014 TxCDBG Sewer Replacements Attorney Revew Certification K-40 j:Ac1erica1Aanna\2015-105 txcdbg 2014 sewer rep1acement\specs\contractV13-attorney review certification.docx QUALIFICATION STATEMENT OF BIDDER'S SURETY SUBMITTED TO: City of Anna BIDDER: A&M Construction & Utilities, Inc. ADDRESS: 4950 Grisham Dr., Rowlett, Texas 75088 PHONE: (972) 463-4165 1. Has this surety furnished contract bonds on contracts now complete? Yes 2. Has this surety furnished contract bonds on contracts now incomplete? Yes 3. What is the maximum bonding capacity of this Contractor? $10,000,000 4. Is the current financial information on this Contractor satisfactory? Yes 5. Does information obtained indicate accounts are paid when due? Yes If not, give details: 6. Is it your opinion that the bidder has sufficient experience and financial resources to satisfactory perform the contract? Yes 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: Excellent Contractor, Very Capable SURETY: Philadelphia Indemnity Insurance Company SIGNED: Brent M. Blonigan TITLE: Attorney -in -Fact ADDRESS: 1740 N. Collins Blvd., Suite 200 CITY: Richardson STATE: Texas ZIP: 75080 PHONE: (972) 671-9105 (IN DUPLICATE) jklerical\anna\2015-105 txcdbg 2014 sewer replacement\specs\contract\14-bidder surety.docx Statement of Bidder's Surety CERTIFICATE OF INSURANCE(S) jAclerical\anna\2015-105 txcdbg 2014 sewer replacement\specs\contract\l5a-insurance.docx �® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE FAX AIC No Ext : (AIC, No): E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A : INSURED INSURER B INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL IN R SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ CLAIMS -MADE F—IOCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OPAGG $ POLICY PRO- LOC $ AUTOMOBILEE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS SAMPLE BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOS AUTOS UMBRELLA LIAB710 CCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB AIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N WC STATU- OTH- TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? ❑ N / A E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD j:\clerical\anna\2015-105 txcdbg 2014 sewer replacement\specs\contract\15a-insurance.docx ,d►co INSURANCE BINDER DATE (MM/DD/YYYY) THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. AGENCY COMPANY BINDER# EFFECTIVE EXPIRATION DATE TIME DATE TIME AM 12:01 AM PM HNOON PHONE FAX THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY A/C No Ext : (AIC, No CODE: SUB CODE: PER EXPIRING POLICY #: AGENCY DESCRIPTION OF OPERATIONS/VEHICLES/PROPERTY (Including Location) CUSTOMER ID: INSURED COVFRAGES LIMITS TYPE OF INSURANCE COVERAGE/FORMS DEDUCTIBLE COINS % AMOUNT PROPERTY CAUSES OF LOSS BASIC BROAD SPEC GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE 171 OCCUR RETRO DATE FOR CLAIMS MADE: EACH OCCURRENCE $ DAMAGETO RENTED PREMISES $ 4 MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ VEHICLE LIABILITY ANY AUTO ALL OWNED AUTOS HSCHEDULED RED AUTOS AUTOS NON -OWNED AUTOS SAMPLE COMBINED SINGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $$ PROPERTY MEDICAL PAYMENTS PERSONAL INJURY PROT $ UNINSURED MOTORIST $ $ VEHICLE PHYSICAL DAMAGE DED COLLISION: OTHER THAN COL: ALL VEHICLES SCHEDULED VEHICLES ACTUAL CASH VALUE $ STATED AMOUNT GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: EACH OCCURRENCE $ AGGREGATE $ SELF -INSURED RETENTION $ WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY WC STATUTORY LIMITS E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ SPECIAL CONDITIONS / OTHER COVERAGES FEES $ TAXES $ ESTIMATED TOTAL PREMIUM $ NAME & ADDRESS MORTGAGEE ADDITIONAL INSURED LOSS PAYEE Id LOAN # AUTHORIZED REPRESENTATIVE ACORD 75 (2010/04) Page 1 of 2 © 1993-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD j:\clerical\anna\2015-105 txcdbg 2014 sewer replacement\specs\contract\15a-insurance.docx SAMPLE AGENCY CUSTOMER ID: This Company binds the kind(s) of insurance stipulated on the reverse side. The Insurance is subject to the terms, conditions and limitations of the policy(ies) in current use by the Company. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be effective. This binder may be cancelled by the Company by notice to the Insured in accordance with the policy conditions. This binder is cancelled when replaced by a policy. If this binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the Rules and Rates in use by the Company. Applicable in California When this form is used to provide insurance in the amount of one million dollars ($1,000,000) or more, the title of the form is changed from "Insurance Binder" to "Cover Note". Applicable in Colorado With respect to binders issued to renters of residential premises, home owners, condo unit owners and mobile home owners, the insurer has thirty (30) business days, commencing from the effective date of coverage, to evaluate the issuance of the insurance policy. Applicable in Delaware The mortgagee or Obligee of any mortgage or other instrument given for the purpose of creating a lien on real property shall accept as evidence of insurance a written binder issued by an authorized insurer or its agent if the binder includes or is accompanied by: the name and address of the borrower; the name and address of the lender as loss payee; a description of the insured real property; a provision that the binder may not be canceled within the term of the binder unless the lender and the insured borrower receive written notice of the cancellation at least ten (10) days prior to the cancellation; except in the case of a renewal of a policy subsequent to the closing of the loan, a paid receipt of the full amount of the applicable premium, and the amount of insurance coverage. Chapter 21 Title 25 Paragraph 2119 Applicable in Florida Except for Auto Insurance coverage, no notice of cancellation or nonrenewal of a binder is required unless the duration of the binder exceeds 60 days. For auto insurance, the insurer must give 5 days prior notice, unless the binder is replaced by a policy or another binder in the same company. Applicable in Maryland The insurer has 45 business days, commencing from the effective date of coverage to confirm eligibility for coverage under the insurance policy. Applicable in Michigan The policy may be cancelled at any time at the request of the insured. Applicable in Nevada Any person who refuses to accept a binder which provides coverage of less than $1,000,000.00 when proof is required: (A) Shall be fined not more than $500.00, and (B) is liable to the party presenting the binder as proof of insurance for actual damages sustained therefrom. Applicable in the Virgin Islands This binder is effective for only ninety (90) days. Within thirty (30) days of receipt of this binder, you should request an insurance policy or certificate (if applicable) from your agent and/or insurance company. ACORD 75 (2010/04) yAc1erica1\anna\2015-105 txcdbg 2014 sewer replacement\specs\contract\] 5a-insurance.docx Page 2 of 2 CONTRACTOR'S INSURANCE REQUIREMENTS Prior to the stall of work or occupancy of premises under a License, Licensee's contractor agrees to procure and maintain at its sole cost and expense, the following types and amounts of insurance with an insurer or unsurers and form satisfactory to Licensor who is herein defined to be DALLAS AREA RAPID TRANSIT. Where applicable, the operating railroad will be named as an additional insured. DART staff will inform you which railroad(s), if any, are operating in the area of the proposed License agreement. The railroads include one or more of the following. DALLAS GARLAND & NORTHEASTERN RAILROAD (DGNO), PORT WORTH & WESTERN RAILROAD COMPANY (FWWR) and KANSAS CITY SOUTHERN RAILWAY (KCS). Licensee's contractor shall furnish an original Certificate of Insurance along with all endorsements for review and approval by DART's Risk Management Department with the following insurance as a minimum standard: 1) Comprehensive General Liability with Contractual Liability Endorsement Combined single limit of at least $2,000,000. Licensor and Railroad are named as additional insureds (Endorsement for ongoing operations CG 2010 or equivalent and for completed operations CG 2037 or equivalent) without any qualifications or restrictions. Contractual liability endorsement must have exclusions for operations within 50 feet of railroad (Endorsement 2417 or equivalent) and for XCU hazards deleted. Waiver of subrogation (Endorsement CG 2404 or equivalent). Licensor must have 30 days notice of cancellation or modification. 2) Comprehensive Automobile Liability Policy • Combined single limit of at least $2,000,000. • Licensor and Railroad are named as additional insureds (Endorsement CA 0403 or equivalent) without any qualifications or restrictions. • Waiver of subrogation (Endorsement CA 2089 or equivalent). • Licensor must have 30 days notice of cancellation or modification. 3) Workers' Compensation Insurance Providing Statutory Benefits under the Worker's Compensation Act of the State of Texas and/or any other State or Federal Law or Laws applicable to the Contractor's employees performing the work under this agreement. • Employer's Liability Insurance with limits of liability of not less that $500,000 each accident, $500.000 each employee for disease and S500,000 policy limit for disease. • Endorsed with a Waiver of Subrogation (Endorsement WC 42 03 04 or equivalent), waiving the carrier's right of recovery under subrogation or otheiivisc from Licensor. 4) Railroad Protective Coverage The Railroad, not DART, is to be listed as the insured on the certificate. The coverage is not required if the contractor's general liability limits are S2,000,000 per occurrence and $6,000.000 aggregate or higher and the contractor provides the Contractual Liability Endorsement CG 2417. 5) Licensee agrees to furnish Licensor with Certificates of Insurance (or, as and when Licensor may direct, copies of the actual insurance policies) as evidence of the coverages outline in 1), 2) and 3) above. 6) All coverage described in a License shall be in a form and content satisfactory to Licensor. No party, subject to the provisions of a License agreement, shall violate or knowingly permit to be violated any of the provisions of the policies of insurance described therein. All insurance should be provided by insurance companies with a Best's Rating of B+ or better. Copyright © DART, all rights reserved, 2009 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. ■ Non-resident vendors in business, are required to be A copy of the statute is attached. (give state), our principal place of percent 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. ® B. Our principal place of business or corporate office is in the State of Texas. BIDDER/OFFEROR: A&M Construction & Utilities, Inc. Company: am Address: 4950 Grisham Dr. Signature: Antonio Banda Rowlett, Texas 75088 Title: President City State Zip Phone: (972) 412-0255 (please print) (please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION jklerical\anna\2015-105 txcdbg 2014 sewer replacement\specs\contract\17-vendors compliance.docx Vendors Compliance to State Law CONFLICT OF INTEREST QUESTIONNAIRE j1clerical\anna\2015-105 txcdbg 2014 sewer replacement\specs\contract\18-conflict of interest.docx Conflict of Interest 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. OFFICELISEONLY 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 statementto 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. z ❑ Check this 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 off icerwith whom filer has employment or business relationship. None 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? Yes © 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 rz No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? F1 Yes W No D. Describe each employment or business relationship with the local government officer named in this section. 4 Antonio Banda, President Signature of person doing business with the governmental entity Date Adopted 06/29/2007 j1clerical\anna\2015-105 txcdbg 2014 sewer replacement\specs\contract\18-conflict of interest.docx Conflict of Interest 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: Antonio Banda, President Date ATTEST (if corporation) Date j1clerical\anna\2015-105 txcdbg 2014 sewer replacement\specs\contract\19-affdavit.docx Affidavit Against Prohibited Acts PROPOSAL AND BID FORM j:\clerical\anna\2015-105 txcdbg 2014 sewer replacement\specs\contract\20-p&bs-1.docx P&BS-1 Proposal and Bid Form PROPOSAL AND BID FORM Proposal of: A&M Construction & Utilities, Inc. (hereinafter called "Bidder") Address: 4950 Grisham Dr.. Rowlett, Texas 75088 To the Honorable Mayor and City Council City of Anna, Texas (hereinafter called "Owner") Deadline for Submission of Sealed Competitive Bid: 2:00 p.m., Friday, September 25, 2015 Date of Sealed Bid Opening: 2:00 p.m., Friday, September 25, 2015 Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of: 2014 TCDBG SEWER REPLACEMENTS This project includes the installation of approximately 2,412 L.F. of 6" sewer line and 227 L.F. of 12" sewer line, and all appurtenances called for in the plans & specifications. for the City of Anna, Texas, having carefully examined the plans, specifications, notice to bidders, invitation to bid and all other related contract documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project, including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the prices stated. The Bidder binds himself on acceptance of his proposal to execute the Contract Agreement and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated in Exhibit "A" of this proposal. Bidder hereby agrees to commence the work on the above project within ten (10) days of receipt of written "Notice to Proceed" and to fully complete the project within One Hundred Twenty (120) 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 jklerical\anna\2015-105 txcdbg 2014 sewer replacement\specs\contract\20-p&bs-1.docx P&BS-2 Proposal and Bid Form increased by additional work or materials ordered after the Contract Agreement is signed, the sum per day given in the following schedule, unless otherwise specified in the special provisions, shall be deducted from the monies due the CONTRACTOR: 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. jklerical\anna\2015-105 txcdbg 2014 sewer replacement\specs\contract\20-p&bs-1.docx P&BS-3 Proposal and Bid Form Enclosed with this proposal is a Cashier's Check or Certified Check for: 5% Greatest Amount Bid Dollars ($5% GAB), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. 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. jklerical\anna\2015-105 txcdbg 2014 sewer replacement\specs\contract\20-p&bs-1.docx P&BS-4 Proposal and Bid Form CITY OF ANNA, TEXAS 2014 TCDBG Sewer Replacements BID SCHEDULE BASE BID Item I Estimated Price in Extended LN-OL Quantity I Unit Description and Price in Words Figures Amount Furnish & Install 6-inch PVC Sanitary Sewer by 1 2,353 L.F. Open Cut $ 54.60 $ 128,473.80 complete in place, the sum of Fifty -Four Dollars and Sixty Cents per Linear Foot Furnish & Install 6-inch PVC Sanitary Sewer by 2 20 L.F. Open Cut with Class G Embedment $ 79.60 $ 1,592.00 complete in place, the sum of Seventy -Nine Dollars and Sixty Cents per Linear Foot Furnish & Install 12-inch PVC Sanitary Sewer 3 127 L.F. by Open Cut $ 65.75 $ 8,350.25 complete in place, the sum of Sixty -Five Dollars and Seventy -Five Cents per Linear Foot Furnish & Install 12-inch C900 DR-18 PVC 4 100 L.F. Sanitary Sewer by Open Cut $ 69.50 $ 6,950.00 complete in place, the sum of Sixty -Nine Dollars and Fifty Cents per Linear Foot Transfer Existing Sanitary Sewer Service 5 46 Ea. Connection to New SS Line $ 697.00 $ 32,062.00 complete in place, the sum of Six Hundred Ninety -Seven Dollars and No Cents per Each PBS-5 J:AClericalAAnnaA2015-105 TxCDBG 2014 Sewer Replacement\SpecsVContractA21-P&BS-2.xlsx Proposal Bid Form Item Estimated Price in Extended No. Quantity I Unit Description and Price in Words Figures Amount 41 Ea. Furnish & Install Sanitary Sewer Cleanout complete in place, the sum of Six Hundred Fifty Dollars and No Cents Der Each $ 650.00 1 $ 2,600.00 7 8 Ea. Furnish & Install 4-Foot Standard Manhole $ 4,200.00 $ 33,600.00 complete in place, the sum of Four Thousand, Two Hundred Dollars and No Cents per Each 8 2 Ea. Connect to Existing Sanitary Sewer Manhole $ 1,454.50 $ 2,909.00 complete in place, the sum of One Thousand, Four Hundred Fifty -Four Dollars and Fifty Cents per Each 9 1 Ea. Connect to Existing 4-inch PVC Sanitary Sewer $ 1,064.50 $ 1,064.50 complete in place, the sum of One Thousand, Sixty -Four Dollars and Fifty Cents per Each 10 224 S.Y. Remove & Replace Asphalt Pavement $ 51.00 $ 11,424.00 complete in place, the sum of Fifty -One Dollars and No Cents per Square Yard 11 342 S.Y. Remove & Replace Gravel Pavement $ 35.00 $ 11,970.00 complete in place, the sum of Thirty -Five Dollars and No Cents per Square Yard PBS-6 J:AClericalAAnnaA2015-105 TxCDBG 2014 Sewer Replacement\SpecsVContractA21-P&BS-2.xlsx Proposal Bid Form Item Estimated Price in Extended No. Quantity I Unit Description and Price in Words Figures Amount 12 569 L.F. Remove & Replace Chain Link Fence $ 25.00 $ 14,225.00 complete in place, the sum of Twenty -Five Dollars and No Cents per Linear Foot 13 214 L.F. Remove & Replace Wood Fence $ 33.00 $ 7,062.00 complete in place, the sum of Thirty -Three Dollars and No Cents per Linear Foot 14 60 L.F. Remove & Replace Wire Fence $ 15.00 $ 900.00 complete in place, the sum of Fifteen Dollars and No Cents per Linear Foot 15 19 L.F. Remove & Replace 12-inch C.M.P. $ 33.00 $ 627.00 complete in place, the sum of Thirty -Three Dollars and No Cents per Linear Foot 16 18 L.F. Remove 8-inch Water Line $ 13.00 $ 234.00 complete in place, the sum of Thirteen Dollars and No Cents per Linear Foot 17 1 Ea. Relocate 8-inch Plug $ 766.00 $ 766.00 complete in place, the sum of Seven Hundred Sixty -Six Dollars and No Cents per Each PBS-7 J:AClericalAAnnaA2015-105 TxCDBG 2014 Sewer Replacement\SpecsVContractA21-P&BS-2.xlsx Proposal Bid Form Item Estimated Price in Extended No. Quantity I Unit Description and Price in Words Figures Amount M 11 Cut, Plug & Abandon 4-inch PVC Sanitary Ea. Sewer $ 955.60 complete in place, the sum of Nine Hundred Fiftv-Five Dollars $ 955.60 and Sixty Cents per Each 19 1 L.S. Provide Trench Safety Plan $ 500.00 $ 500.00 complete in place, the sum of Five Hundred Dollars and No Cents per Lump Sum 20 2,620 L.F. Implement Trench Safety Protection $ 2.50 $ 6,550.00 complete in place, the sum of Two Dollars and Fifty Cents per Linear Foot 21 1 L.S. Provide SWPP $ 1,500.00 $ 1,500.00 complete in place, the sum of One Thousand, Five Hundred Dollars and No Cents per Lump Sum Implement, Maintain & Remove Erosion 22 1 L.S. Control Measures $ 1,000.00 $ 1,000.00 complete in place, the sum of One Thousand Dollars and No Cents per Lump Sum Furnish & Install 6-Inch C900 DR-18 PVC 23 20 L.F. Sanitary Sewer by Open Cut $ 62.05 $ 1,241.00 complete in place, the sum of Sixty -Two Dollars and Five Cents per Linear Foot AMOUNT OF BASE BID (Items 1 Through 23) $ 276,556.15 PBS-8 J:AClericalAAnnaA2015-105 TxCDBG 2014 Sewer Replacement\SpecsVContractA21-P&BS-2.xlsx Proposal Bid Form ADDITIVE ALTERNATE Item I Estimated Price in Extended L-N2--L Quantity Unit Description and Price in Words Figures Amount 1A 63 1 Raven, Quadex, or Approved Equal Manhole V.F. Lining $ 195.00 complete in place, the sum of One Hundred Ninety -Five Dollars and No Cents Der Vertical Foot OUNT OF ADDITIVE ALTERNATE BID (Item 1A $ 12,285.00 $ 12,285.00 SUMMARY OF BID AMOUNT OF BASE BID (Items 1 Through 23) $ 276,556.15 AMOUNT OF ADDITIVE ALTERNATE BID (Item 1A) $ 12,285.00 TOTAL AMOUNT OF BID (Base Bid + Additive Alternate) $ 288,841.15 PBS-9 J:AC1er1ca1VAnna\2015-105 TxCDBG 2014 Sewer Replacement\SpecsVContract\21-P&BS-2.xlsx Proposal Bid Form BID PROPOSAL FOR 2014 TCDBG SEWER REPLACEMENTS Recapitulations TOTAL BID AMOUNT: $288,841.15 Notice of award will be mailed to the undersigned at the following addresses: A&M Construction & Utilities, Inc. Contractor Antonio Banda, President 4950 Grisham Dr., Rowlett, Texas 75088 Principal Place of Business (Corp. Seal if Bidder is Corporation) Attest: Secretary: Marisela Banda, Secretary of Treasu Acknowledgment is hereby made of receipt of the following Addenda, if any: No. 1 Date: 9/21 /2015 No. 2 Date: 6/22/2015 No. Date: List Subcontracts (Company name, contact number and type of work): None jklerical\anna\2015-105 txcdbg 2014 sewer replacement\specs\contract\22-p&bs-3.docx P&BS-10 Proposal and Bid Form REQUEST FOR CERTIFICATE OF EXEMPTION FROM TEXAS LIMITED SALES, EXCISE AND USE TAX Date: September 25, 2015 TO: City of Anna, Texas Municipal Building 111 N. Powell Parkway Anna, TX 75409 RE: 2014 TCDBG Sewer Replacements The undersigned Contractor hereby requests a Certificate of Exemption from the Texas Limited Sales, Excise, and Use Tax in the amount of One Hundred Fifteen Thousand, Five Hundred Dollars and 00/100 ($115,500.00), 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) A&M Construction & Utilities, Inc. Company By: Antonio Banda Signature: Title: (please print) President 4950 Grisham Dr. Address Rowlett, Texas 75088 City, County, State and Zip (972) 412-0255 (972) 463-0736 Telephone Fax jklerical\anna\2015-105 txcdbg 2014 sewer replacement\specs\contract\22-p&bs-3.docx P&BS-11 Proposal and Bid Form NOTICE TO PROCEED Project: 2014 TCDBG Sewer Replacements — City of Anna, TX Issued To: A&M Construction & Utilities, Inc. Date Issued: 4950 Grisham Dr. Rowlett. Texas 75088 You are hereby notified to commence work in accordance with the Agreement dated the day of 2015, on or before the day of , 2015 and complete all of the work within One Hundred Twenty (120) consecutive calendar days thereafter. The date of completion for all work shall therefore be the , 20 Issued by: City of Anna, Texas (Owner) AC Philip Sanders, City Manager ACCEPTANCE OF NOTICE: Receipt of the above notice to proceed , 2015. Contractor day of is hereby acknowledged by (contractor), this day of jAclerical\anna\2015-105 txcdbg 2014 sewer replacement\specs\contract\23-notice to proceed.docx Notice to Proceed BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS 11910 Greenville Ave., Suite 600 JOHN W. BIRKHOFF, RE, GARY C. HENDRICKS, P.E. JOE R. CARTER, P.E. MATT HICKEY, RE. ANDREW MATA, JR„ PE. JOSEPH T. GRAJEWSKI, III, P.E. DEREK B. CHANEY, P.E. CRAIG NL KERKHOFF, P.E. Mr. Joseph Johnson, CPM Director of Public Works City of Anna P.O. Box 776 Anna, Texas 75409 Re: 2014 TCDBG Sewer Replacements Dear Mr. Johnson: Dallas, Texas 75243 Fax (214) 461-8390 October 6, 2015 Phone (214) 361-7900 We have checked the bids received at 2:00 p.m., Friday, September 25, 2015, for the 2014 TCDBG Sewer Replacements project. We are enclosing six (6) copies of the Bid Summary and Itemized Bid Tabulation. A&M Construction & Utilities, Inc. of Rowlett, Texas submitted the low bid in the amount of: $276,556.15 (Base Bid) $12,285.00 (Additive Alternate) $288,841.15 (Total Amount of Bid) We have reviewed their statement of qualifications and references provided and find that A&M Construction & Utilities, Inc. 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 A&M Construction & Utilities, Inc. and award them a contract in the amount of $288,841.15 for both the Base Bid and Additive Alternate. We are also enclosing the statement of qualifications and references provided by the contractor. We are available to discuss our recommendation further at your convenience. Sincerely, �A r,/-7 raig M. Kerkhoff, P.E. Enclosures cc: Mr. Philip Sanders TBPE Firm 526 ACEC Wellness Firm =;� Better Decisions - Better Designs TBPLS Firm 100318-00 j:\c1erical\anna\2015-105 txcdbg 2014 sewer replacement\letters\Idrecommendation docx CITY OF ANNA, TEXAS 2014 TCDBG Sewer Replacements BID SUMMARY Bids Received at 2:00 p.m., Friday, September 25, 2015 Additive Total Amount Bid (Base Bid plus Base Bid Alternate Contractor Items 1- 23 Item IA Additive Alternate 1. A&M Construction & Utilities, Inc. 4950 Grisham Dr. Rowlett, Texas 75088 $ 276,556.15 $ 12,285.00 $ 288,841.15 2. W. Brown Enterprises, Inc. 2905 N. First St. Durant, OK 74701 $ 295,440.00 $ 11,466.00 $ 306,906.00 3. Dickerson Const. Co., Inc. P.O. Box 181 Celina, Texas 75009 $ 341,854.00 $ 11,088.00 $ 352,942.00 4. Canary Construction, Inc. 523 Greenwich Lane Coppell, Texas 75019 $ 338,470.00 $ 23,940.00 $ 362,410.00 5. Barson Utilities, Inc. 5326 W. Ledbetter Dallas, Texas 75236 $ 353,249.00 $ 12,600.00 $ 365,849.00 6. Grod Construction, LLC 1204 Old Base Rd. Aurora, Texas 76078 $ 335,815.00 $ 31,500.00 $ 367,315.00 7. Atkins Bros. Equipment Co., Inc. 3516 Old Ft. Worth Rd. Midlothian, Texas 76065 $ 379,789.00 $ 16,380.00 $ 396,169.00 8. Four Star Excavating, Inc. 6825 Levelland Rd., Suite 2B Dallas, Texas 75252 $ 493,309.00 $ 11,025.00 $ 504,334.00 JAClerical\Anna\2015-105 TxCDBG 2014 Sewer Rep1acement\Specs\Tech-Spec\21-P&BS-2.x1sx TABULATION OF BIDS Date: September 25, 2015 Project: CITY OF ANNA, TEXAS BIRKHOFF, HENDRICKS & CARTER, L.L.P. 2014 TCDBG Sewer Replacements PROFESSIONAL ENGINEERS Dallas, Texas BID OF A&M Construction & Utilities, Inc. 4950 Grisham Dr. Rowlett, Texas 75088 BID OF W. Brown Enterprises, Inc. 2905 N. First St. Durant, OK 74701 BID OF Dickerson Const. Co., Inc. P.O. Box 181 Celina, Texas 75009 BID OF Canary Construction, Inc. 523 Greenwich Lane Coppell, Texas 75019 Item No. Approximate Quantities Unit Descri lion Unit id E7Price Extension nit r Price Extension Unit r Price Extension Unit B1 Price Extension BASE BID 1 2,353 L.F. Furnish & Install 6-inch PVC Sanitary Sewer by Open Cut $54.60 $ 128,473.80 $47.00 $ 110,591.00 $85.00 $ 200,005.00 $50.00 $ 117,650.00 2 20 L.F. Furnish & Install 6-inch PVC Sanitary Sewer by Open Cut with Class G Embedment $79.60 $ 1,592.00 $75.00 $ 1,500.00 $75.00 $ 1,500.00 $105.00 $ 2,100.00 3 127 L.F. Furnish & Install 12-inch PVC Sanitary Sewer by Open Cut $65.75 $ 8,350.25 $52.00 $ 6,604.00 $75.00 $ 9,525.00 $75.00 $ 9,525.00 4 100 L.F. Furnish & Install 12-inch C900 DR-18 PVC Sanitary Sewer by Open Cut $69.50 $ 6,950.00 $75.00 $ 7,500.00 $85.00 $ 8,500.00 $165.00 $ 16,500.00 5 46 Ea. Transfer Existing Sanitary Sewer Service Connection to New SS Line $697.00 $ 32,062.00 $750.00 $ 34,500.00 $750.00 $ 34,500.00 $1,750.00 $ 80,500.00 6 4 Ea. Furnish & Install Sanitary Sewer Cleanout $650.00 $ 2,600.00 $500.00 $ 2,000.00 $550.00 $ 2,200.00 $280.00 $ 1,120.00 7 8 Ea. Furnish & Install 4-Foot Standard Manhole $4,200.00 $ 33,600.00 $3,500.00 $ 28,000.00 $2,750.00 $ 22,000.00 $4,000.00 $ 32,000.00 8 2 Ea. Connect to Existing Sanitary Sewer Manhole $1,454.50 $ 2,909.00 $1,250.00 $ 2,500.00 $500.00 $ 1,000.00 $1,850.00 $ 3,700.00 9 1 Ea. Connect to Existing 4-inch PVC Sanitary Sewer $1,064.50 $ 1,064.50 $1,250.00 $ 1,250.00 $400.00 $ 400.00 $1,500.00 $ 1,500.00 10 224 S.Y. I Remove & Replace Asphalt Pavement $51.00 $ 11,424.00 $100.00 $ 22,400.00 $69.00 $ 15,456.00 $65.00 $ 14,560.00 11 342 S.Y. Remove & Replace Gravel Pavement $35.00 $ 11,970.00 $40.00 $ 13,680.00 $9.00 $ 3,078.00 $35.00 $ 11,970.00 12 569 L.F. Remove & Replace Chain Link Fence $25.00 $ 14,225.00 $50.00 $ 28,450.00 $30.00 $ 17,070.00 $40.00 $ 22,760.00 13 214 L.F. Remove & Replace Wood Fence $33.00 $ 7,062.00 $100.00 $ 21,400.00 $40.00 $ 8,560.00 $50.00 $ 10,700.00 14 60 L.F. Remove & Replace Wire Fence $15.00 $ 900.00 $30.00 $ 1,800.00 $20.00 $ 1,200.00 $25.00 $ 1,500.00 15 19 L.F. Remove & Replace 12-inch C.M.P. $33.00 $ 627.00 $40.00 $ 760.00 $80.00 $ 1,520.00 $45.00 $ 855.00 16 18 L.F. Remove 8-inch Water Line $13.00 $ 234.00 $20.00 $ 360.00 $50.00 $ 900.00 $35.00 $ 630.00 17 1 Ea. Relocate 8-inch Plug $766.00 $ 766.00 $200.00 $ 200.00 $750.00 $ 750.00 $250.00 $ 250.00 18 1 Ea. Cut, Plug & Abandon 4-inch PVC Sanitary Sewer $955.60 $ 955.60 $250.00 $ 250.00 $250.00 $ 250.00 $1,200.00 $ 1,200.00 19 1 L.S. Provide Trench Safety Plan $500.00 $ 500.00 $5,500.00 $ 5,500.00 $1,000.00 $ 1,000.00 $500.00 $ 500.00 20 2,620 L.F. Implement Trench Safety Protection $2.50 $ 6,550.00 $0.25 $ 655.00 $2.00 $ 5,240.00 $2.00 $ 5,240.00 21 l L.S. Provide SWPP $1,500.00 $ 1,500.00 $3,500.00 $ 3,500.00 $1,000.00 $ 1,000.00 $850.00 $ 850.00 22 1 L.S. Implement, Maintain & Remove Erosion Control Measures $1,000.00 $ 1,000.00 $1,000.00 $ 1,000.00 $4,500.00 $ 4,500.00 $1,500.00 $ 1,500.00 23 20 L.F. Furnish & Install 6-Inch C900 DR-18 PVC Sanitary Sewer by Open Cut $62.05 $ 1,241.00 $52.00 $ 1,040.00 $85.00 $ 1,700.00 $68.00 $ 1,360.00 AMOUNT OF BASE BID Items 1 Through 23 $ 276 556.15 $ 295 440.00 $ 341 854.00 $ 338 470.00 ADDITIVE ALTERNATE 1 A 63 V.F. Raven, Quadex, or Approved Equal Manhole Lining $195.00 $ 12,285.00 $182.00 $ 11,466.00 $176.00 $ 11,088.00 $380.00 $ 23,940.00 AMOUNT OF ADDITIVE ALTERNATE BID Item 1A $ 12 285.00 $ 11 466.00 $ 11 088.00 S 23 940.00 TOTAL AMOUNT OF BID Base Bid + Additive Alternate $ 288 841.15 $ 306 906.00 $ 352,942.00 $ 362 410.00 JAClericahAnna\2015-105 TxCDBG 2014 Sewer Rep1acement\Specs\Tech-Spec\21-P&BS-2.x1sx Page I O, f 2 TABULATION OF BIDS Date: September 25, 2015 Project: CITY OF ANNA, TEXAS BIRKHOFF, HENDRICKS & CARTER, L.L.P. 2014 TCDBG Sewer Replacements PROFESSIONAL ENGINEERS Dallas, Texas BID OF Barson Utilities, Inc. 5326 W. Ledbetter Dallas, Texas 75236 BID OF Grod Construction, LLC 1204 Old Base Rd. Aurora, Texas 76078 BID OF Atkins Bros. Equipment Co., Inc. 3516 Old Ft. Worth Rd. Midlothian, Texas 76065 BID OF Four Star Excavating, Inc. 6825 Levelland Rd., Suite 2B Dallas, Texas 75252 Item No. Approximate Quantities Unit Description Unit id Price Extension ]F-11-nit > Price Extension Unit > Price Extension Unit B1 Price Extension BASE BID 1 2,353 L.F. Furnish & Install 6-inch PVC Sanitary Sewer by Open Cut $68.00 $ 160,004.00 $57.00 $ 134,121.00 $90.00 $ 211,770.00 $97.00 $ 228,241.00 2 20 L.F. Furnish & Install 6-inch PVC Sanitary Sewer by Open Cut with Class G Embedment $99.00 $ 1,980.00 $95.00 $ 1,900.00 $110.00 $ 2,200.00 $105.00 $ 2,100.00 3 127 L.F. Furnish & Install 12-inch PVC Sanitary Sewer by Open Cut $87.00 $ 11,049.00 $86.00 $ 10,922.00 $94.00 $ 11,938.00 $102.00 $ 12,954.00 4 100 L.F. Furnish & Install 12-inch C900 DR-18 PVC Sanitary Sewer by Open Cut $88.00 $ 8,800.00 $96.00 $ 9,600.00 $96.00 $ 9,600.00 $111.00 $ 11,100.00 5 46 Ea. Transfer Existing Sanitary Sewer Service Connection to New SS Line $1,290.00 $ 59,340.00 $1,150.00 $ 52,900.00 $600.00 $ 27,600.00 $1,800.00 $ 82,800.00 6 4 Ea. Furnish & Install Sanitary Sewer Cleanout $542.00 $ 2,168.00 $800.00 $ 3,200.00 $300.00 $ 1,200.00 $1,500.00 $ 6,000.00 7 8 Ea. Furnish & Install 4-Foot Standard Manhole $4,601.00 $ 36,808.00 $4,500.00 $ 36,000.00 $7,000.00 $ 56,000.00 $5,200.00 $ 41,600.00 8 2 Ea. Connect to Existing Sanitary Sewer Manhole $2,480.00 $ 4,960.00 $2,000.00 $ 4,000.00 $1,500.00 $ 3,000.00 $800.00 $ 1,600.00 9 1 Ea. Connect to Existing 4-inch PVC Sanitary Sewer $850.00 $ 850.00 $1,500.00 $ 1,500.00 $150.00 $ 150.00 $500.00 $ 500.00 10 224 S.Y. Remove & Replace Asphalt Pavement $56.00 $ 12,544.00 $113.00 $ 25,312.00 $70.00 $ 15,680.00 $77.00 $ 17,248.00 11 342 S.Y. Remove & Replace Gravel Pavement $18.00 $ 6,156.00 $40.00 $ 13,680.00 $30.00 $ 10,260.00 $66.00 $ 22,572.00 12 569 L.F. Remove & Replace Chain Link Fence $30.00 $ 17,070.00 $10.00 $ 5,690.00 $17.00 $ 9,673.00 $55.00 $ 31,295.00 13 214 L.F. Remove & Replace Wood Fence $45.00 $ 9,630.00 $50.00 $ 10,700.00 $27.00 $ 5,778.00 $83.00 $ 17,762.00 14 60 L.F. Remove & Replace Wire Fence $18.00 $ 1,080.00 $19.00 $ 1,140.00 $24.00 $ 1,440.00 $66.00 $ 3,960.00 15 19 L.F. Remove & Replace 12-inch C.M.P. $120.00 $ 2,280.00 $120.00 $ 2,280.00 $100.00 $ 1,900.00 $115.00 $ 2,185.00 16 18 L.F. Remove 8-inch Water Line $50.00 $ 900.00 $80.00 $ 1,440.00 $60.00 $ 1,080.00 $24.00 $ 432.00 17 1 Ea. Relocate 8-inch Plug $1,100.00 $ 1,100.00 $2,600.00 $ 2,600.00 $500.00 $ 500.00 $550.00 $ 550.00 18 1 Ea. Cut, Plug & Abandon 4-inch PVC Sanitary Sewer $2,410.00 $ 2,410.00 $4,000.00 $ 4,000.00 $200.00 $ 200.00 $1,000.00 $ 1,000.00 19 1 L.S. Provide Trench Safety Plan $1,500.00 $ 1,500.00 $600.00 $ 600.00 $200.00 $ 200.00 $550.00 $ 550.00 20 2,620 L.F. Implement Trench Safety Protection $1.00 $ 2,620.00 $1.50 $ 3,930.00 $1.00 $ 2,620.00 $1.00 $ 2,620.00 21 1 L.S. Provide SWPP $3,000.00 $ 3,000.00 $3,000.00 $ 3,000.00 $2,000.00 $ 2,000.00 $900.00 $ 900.00 22 1 L.S. Implement, Maintain & Remove Erosion Control Measures $5,000.00 $ 5,000.00 $6,000.00 $ 6,000.00 $3,000.00 $ 3,000.00 $3,300.00 $ 3,300.00 23 20 L.F. Furnish & Install 6-Inch C900 DR-18 PVC Sanitary Sewer by Open Cut $100.00 $ 2,000.00 $65.00 $ 1,300.00 $100.00 $ 2,000.00 $102.00 $ 2,040.00 AMOUNT OF BASE BID Items 1 Through 23 $ 353 249.00 $ 335 815.00 $ 379 789.00 $ 493 309.00 ADDITIVE ALTERNATE 1 A 63 V.F. Raven, Quadex, or Approved Equal Manhole Lining $200.00 $ 12,600.00 $500.00 $ 31,500.00 $260.00 $ 16,380.00 $175.00 $ 11,025.00 AMOUNT OF ADDITIVE ALTERNATE BID Item 1A $ 12 600.00 $ 31 500.00 $ 16 380.00 $ 11 025.00 TOTAL AMOUNT OF BID Base Bid + Additive Alternate $ 365 849.00 $ 367 315.00 d $ 396169.00 1 $ 504 334.00 - �-- I i JAClericahAnna\2015-105 TxCDBG 2014 Sewer Rep1acement\Specs\Tech-Spec\21-P&BS-2.x1sx Page 2 of 2 i CITY OF AN NA, TEXAS Item No. 18 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: Philip Sanders Exhibits: Yes AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution authorizing the City Manager to negotiate non -annexation agreements with the owners of certain properties located in the city's extraterritorial jurisdiction. SUMMARY: Section 212.171 of the Texas Local Government Code authorizes a city to make a written contract with an owner of land located in the extraterritorial jurisdiction (ETJ) that would guarantee the property immunity from annexation by the city for a finite period of time. Such contracts typically include additional guarantees by the property owner relative to the future development of the property. Section 43.035 of the Local Government Code requires a city to offer a Section 212 development agreement prior to annexing any land that is appraised for ad valorem tax purposes as land for agricultural or wildlife management use. The City of Anna has a vested interest in preventing development in the ETJ that could negatively impact property located within the city limits or that would otherwise be inconsistent with the city's future land use plan. Toward that end, staff is recommending that the City Council authorize the City Manager to offer and negotiate Chapter 212 non -annexation agreements with the owners of certain properties located in the ETJ in close proximity to our current city limits. The standard agreement would guarantee a subject property immunity from annexation for at least five (5) years, and would likewise limit development of the property during the term of the agreement. Existing legal uses of a subject property would be unaffected and could continue. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution. CITY OF ANNA, TEXAS RESOLUTION NO. (Development Agreements in ETJ) RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE DEVELOPMENT AGREEMENTS WITH THE OWNERS OF CERTAIN PROP LOCATED IN THE CITY'S EXTRATERRITORIAL JURISDICTION. WHEREAS Section 212.171 of the Texas Local Government Code auth make a written contract with an owner of land located in the extraterr' (ETJ) that would guarantee the property immunity from annexatioIr period of time; and WHEREAS, such contracts typically include additional owner relative to the future development of the property; WHEREAS, Section 43.035 of the Texas Local Go, offer a Section 212 development agreement prior to a for ad valorem tax purposes as land for agricultural or WHEREAS, the City of Anna, Texas development in the ETJ that could neg limits or that would otherwise be inconsis NOW THEREFORE, BE IT ANNA, TEXAS THAT: Recitals Inco The recitals set ial 11 city fo a city to action ite rty 7a city to appraised nt use; and crest in preventing )erty located within the City future land use plan; COUNCIL OF THE CITY OF d herein for all purposes as if set forth in full. Development Agreements nc ereby orizes the City Manager to offer and negotiate ee a ned on the Chapter 43 & Chapter 212 Texas Local t de De opment Agreement attached hereto as Exhibit 1 and fnr all purposes, with the owners of certain properties located in the n ed and labeled as "Proposed Non Annexation Agreement" n Exhibit 2 attached hereto and incorporated herein for all purposes. tED ARWAPPROVED by the City Council of the City of Anna, Texas on this 13t" of October 2015. City Secretary Carrie L. Smith APPROVED: Mayor Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 2 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 "City") 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. 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 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 , 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 Printed Name: THE STATE OF TEXAS) COUNTY OF } This instrument was acknowledged before me on the _day of 2015, by , Owner 1. Notary Public, State of Texas 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 CITY OF AN NA, TEXAS Item No. 19 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: City Manager Exhibits: N/A AGENDA SUBJECT: 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: SUMMARY: 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); conflict of interest disclosure. 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. c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); discuss proposed residential and mixed -use development. d. discuss or deliberate personnel matters (Tex. Gov't Code §551.074); members of City boards and commissions. 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. STAFF RECOMMENDATION: CITY OF AN NA, TEXAS Item No. 20 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: City Manager Exhibits: N/A AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted agenda Workshop Session or any closed session occurring during this Regular Meeting, as necessary. SUMMARY: STAFF RECOMMENDATION: CITY OF AN NA, TEXAS AGENDA SUBJECT: Adjourn SUMMARY: Item to adjourn the meeting. STAFF RECOMMENDATION: Staff recommends a motion to adjourn. Item No. 21 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: City Manager Exhibits: None YOUR} HOMETOWN CITY OF ANNA AGENDA NOTICE — CITY COUNCIL WORKSHOP October 13, 2015 6:30 p.m. — Anna City Hall The City Council of the City of Anna will meet in Workshop Session at 6:30 p.m., on the above date at Anna City Hall, located at 111 N. Powell Parkway (Hwy 5), regarding the following items: 1. Call to Order. 2. Roll Call and Establishment of Quorum. 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: 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); conflict of interest disclosure. 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. c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); discuss proposed residential and mixed -use development. 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. d. discuss or deliberate personnel matters (Tex. Gov't Code §551.074); members of City boards and commissions. 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. 4. Consider/Discuss/Action on any items listed on posted agenda for the City Council Work Session or any Closed Session occurring during this Workshop, 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 and on the City Hall bulletin board at or before 5:00 p.m. October 9, 2015. 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. CITY OF AN NA, TEXAS AGENDA SUBJECT: Roll call and establishment of quorum. SUMMARY: Mayor establishes a quorum STAFF RECOMMENDATION: Item No. WS2 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: City Manager Exhibits: None CITY OF AN NA, TEXAS Item No. WS 3 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: City Manager Exhibits: N/A AGENDA SUBJECT: 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: 411► Ik&FA Wip 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); conflict of interest disclosure. 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. c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); discuss proposed residential and mixed -use development. d. discuss or deliberate personnel matters (Tex. Gov't Code §551.074); members of City boards and commissions. 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. STAFF RECOMMENDATION: Click here to enter text. CITY OF AN NA, TEXAS Item No. WS 4 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: City Manager Exhibits: N/A AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted agenda Workshop Session or any closed session occurring during this Regular Meeting, as necessary. SUMMARY: Click here to enter text. STAFF RECOMMENDATION: Click here to enter text. CITY OF AN NA, TEXAS AGENDA SUBJECT: Adjourn SUMMARY: Item to adjourn the meeting. STAFF RECOMMENDATION: Staff recommends a motion to adjourn. Item No. WS 5 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: City Manager Exhibits: None Y{OUR} HOMETOWN CITY OF ANNA AGENDA NOTICE — CITY COUNCIL MEETING October 13, 2015 7:30 p.m. — Anna City Hall The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., on the above date, at the Anna City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order. 2. Invocation and Pledge of Allegiance. 3. Citizen comments. Citizens are allowed three minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. 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. Version 10/7/2015 10:38 AM 5. Proclamation regarding Municipal Court Week (Clayton Fulton) 6. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve the City Council Minutes Work and Regular Session for September 22, 2015. (Carrie Smith) b. Approve the Planning and Zoning Commission Minutes for September 14, 2015. (Maurice Schwanke) c. Approve a Resolution on Anna Crossing, Phase 3A final plat. (Maurice Schwanke) d. Approve a Resolution setting date and time for a public hearing on the creation of the Villages of Hurricane Creek TIRZ. (Clayton Fulton) e. Approve a Resolution on Munger development plat (Maurice Schwanke) f. Approve a Resolution on Richardson development plat (Maurice Schwanke) g. Approve a Resolution on Robertson Addition development plat (Maurice Schwanke) 7. Consider/Discuss/Action regarding a Resolution approving a Subdivision Improvement Agreement for Anna Crossing Phase 3A. (Maurice Schwanke) 8. Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Hector Bernal and Janice Bernal. (Joseph Johnson) 9. Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Gerald Ray Davidson. (Joseph Johnson) 10. Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Jon Michael Petersen and Laura Jean Petersen. (Joseph Johnson) 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. 2 Version 10/7/2015 10:38 AM 11. Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement (Tract 1) on private property owned by Chris Plumlee and Lisa Plumlee. (Joseph Johnson) 12. Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement (Tract 2) on private property owned by Chris Plumlee and Lisa Plumlee. (Joseph Johnson) 13. Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Shane Spencer and Crystal Spencer. (Joseph Johnson) 14. Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Kerry B. Tubbs and Gwendolyn M. Iselt-Tubbs. (Joseph Johnson) 15. Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Gary K. Verner and Ronna Walker Verner. (Joseph Johnson) 16. Consider/Discuss/Action regarding a Resolution awarding a bid and approving a contract for the Hackberry Waterline Project. (Joseph Johnson) 17. Consider/Discuss/Action regarding a Resolution awarding a bid and approving a contract for the 2014 TxCDBG Sewer Line Project. (Joseph Johnson) 18. Consider/Discuss/Action regarding a Resolution authorizing the City Manager to negotiate non -annexation agreements with the owners of certain properties located in the city's extra -territorial jurisdiction. (Philip Sanders) 19. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any 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. 3 Version 10/7/2015 10:38 AM 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); conflict of interest disclosure. 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. c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); discuss proposed residential and mixed -use development. d. discuss or deliberate personnel matters (Tex. Gov't Code §551.074); members of City boards and commissions. 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. 20. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary. 21.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 and on the City Hall bulletin board at or before 5:00 p.m. October 09, 2015. 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. 4 Version 10/7/2015 10:38 AM CITY OF AN NA, TEXAS AGENDA SUBJECT: Roll call and establishment of quorum. SUMMARY: Mayor establishes a quorum STAFF RECOMMENDATION: Item No. I City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: City Manager Exhibits: None CITY OF AN NA, TEXAS AGENDA SUBJECT: Invocation and Pledge of Allegiance. 411 Al I Ai r-A WA STAFF RECOMMENDATION: Item No. 2 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: City Manager Exhibits: N/A CITY OF AN NA, TEXAS AGENDA SUBJECT: Citizen comments. SUMMARY: Item No. 3 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: City Manager Exhibits: N/A 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. STAFF RECOMMENDATION: CITY OF AN NA, TEXAS Item No. 4 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: City Manager Exhibits: N/A AGENDA SUBJECT: Receive reports from Staff or the City Council about items of community interest. SUMMARY: 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. STAFF RECOMMENDATION: CITY OF AN NA, TEXAS AGENDA SUBJECT: Proclamation regarding Municipal Court Week Item No. 5 City Secretary's use only City Council Agenda Staff Report Date: 10/13/2015 Staff Contact: Clayton Fulton Exhibits: No SUMMARY: The Texas Municipal Courts Education Center prepares materials each year to support a municipal courts week. They have asked municipal courts, city councils, and communities throughout Texas to join in showing appreciation for the dedicated municipal judges, court clerks, court administrators, prosecutors, bailiffs, and warrant officers who comprise the Texas municipal courts from November 2 to November 6, 2015. Municipal Courts Week is a great time to not only recognize how much municipal courts do, but to share with the public the important role that local courts and their personnel play in the criminal justice system and the larger community. STAFF RECOMMENDATION: Approve the proclamation. ANNA CITY COUNCIL MINUTES WORKSHOP SESSION SEPTEMBER 22, 2015 The City Council of the City of Anna met in Workshop Session on at Anna City Hall, located at 111 N. Powell Parkway (Hwy 5) following items: Call to Order. Mayor Crist called the meeting to order at 6:3 Roll Call and Establishment of Quorum. Mayor Mike Crist and Council Members Ju Beazley, Chad Barnes, Nathan BrAldift CLOSED SESSION (EXCEPTI the City Council may enter int( or referenced on this ageUjk u I!Lovato, John resent. Gov't Code Chapter 551, discuss any items listed exceptions: Per rey ding or contemplated s in which the duty of the attorney to the the Texas Disciplinary Rules of of the State Bar of Texas clearly conflicts with ivernment Code (Tex. Gov't Code §551.071) ate tfTe purchase, exchange, lease, or value of L Gov't Code §551.072); acquisition of right -of - and land for municipal facilities 7717"-further reserves the right to enter into executive n at any time throughout any duly noticed meeting under any Ible exception to the Open Meetings Act. Council Member Bryan moved to adjourn to closed session at Council Member Dowd seconded. Motion carried 7-0. Briefing/Discussion regarding annexation planning. (Maurice Schwanke) There was a brief discussion on future annexations and non -annexation agreements. 09-22-15 CC Workshop Minutes 5. Consider/Discuss/Action on any items listed on posted agenda City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. Council Member Bryan moved to Barnes seconded. Motion carried 7 Approved on the City Secretary Carrie L 09-22-15 CC Workshop Minutes ANNA CITY COUNCIL MINUTES REGULAR SESSION SEPTEMBER 22, 2015 The City Council of the City of Anna met in Regular Session on the Anna City Hall, located at 111 North Powell Parkway (Hwy 5), tc following items. 1. Call to Order. Mayor Crist called the meeting to order at 7'. 2. Invocation and Pledge of Allegiance. at Mayor Crist led the Invocation and Pledges iance 3. Citizen comments. Citizens ar we 'nu ak. The Council is unable to respond to or di ss any iss tha e brought up during this section that are not on agenda, of than to make statements of specific factual informati n response a citizen's inquiry or to recite existing policy�po o the in No public 4. Receive reports f f or the City Council about items of community intere f unity interest include: expressions of thanks, con ulat-on , r olence; information regarding holiday sch ules; an ho ry o alutary recognition of a public official, public em ee, or othe itizen (but not including a change in status of a er public o e or public employment); a reminder about an co eve rganized or sponsored by the governing body, i rmati rding a social, ceremonial, or community event nized or sponsored by an entity other than the governing body that ed 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 fety of people in the municipality that has arisen after the posting of e agenda. • 10/06 is National Night Out from 6 to 8 pm at Slayter Creek Park • 10/24 is Annual Glow Fest Event 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered 09-22-15 CC Regular Minutes individually by any Council Member making such request prior to a motion and vote on the Consent Items. a. Approve the City Council Minutes Work and Regular Session for September 8, 2015. (Carrie Smith) b. Approve the Economic Development Corporation Minutes for July 1, 2015 and August 6, 2015. (Jessica Perkins) c. Approve the Community Development Corporation Minu July 1, 2015 and August 6, 2015. (Jessica Perkins) d. Approve the Planning and Zoning Commission Minute August 3, 2015 (Maurice Schwanke) e. Approve the "Bichler" development plat. (Maur' chwank f. Approve the "W-J Ranch South" developme at. (M ce Schwanke) g. Approve the "Westminster Substation" devel lat. (Maurice Schwanke) h. Approve the "Victoria Falls Cente dition" prelim (Maurice Schwanke) i. Approve the "Victoria Falls Cente site n and landscape plan. (Maurice ank j. Approve the "JaRyCo" d la c an. (Mauric( Schwanke) k. Approve the "Avery int Phase 1" al plat. (Maurice Schwanke) I. Approve the ' s arkway & t 1 Block A" final plat. (Maurice a m. A p p r o vj "Wes rossin ase 6" preliminary plat. " a Town Square Amenity Center" final plat. Sc ke) O nce amending Part IV, Article 7, Section 8, ity a regarding sanitary sewer service rates. in rs) a solution approving and designating the City the SRO grant official for the School Resource oject to the Office of the Governor, Criminal Justice (Chief Jenks) MOTION" Council Member Barnes moved to approve items a, b, c, d, e, f, g, j, m, n, o, and p by consent. Mayor Crist seconded. Motion carried Council Member Barnes recused himself from the meeting. MOTION: Council Member Bryan moved to approve Council Member Burr seconded. Motion carried 6-0. Council Member Barnes returned to the meeting. 09-22-15 2 CC Regular Minutes MOTION: Council Member Burr moved to approve item k. Council Member Barnes seconded. Motion carried 7-0. MOTION: Council Member Burr moved to approve item I. Council Mayor Crist seconded. Motion carried 7-0. 6. Consider/Discuss/Action regarding a Resolution approving aCation al Event Permit and Agreement with the Anna ISD Education F for a Disc Golf Tournament at Slayter Creek Park. (Maurice Sce) Event was canceled by Anna ISD and item withdrawn Consider/Discuss/Action regarding a Resolution ovin Special Event Permit and Agreement with the Anna Athletic Club f 5K Run at Natural Springs Park. (Maurice 5�ke) MOTION: Councilmember Burr moved seconded. Motion carried 7-0. Consider/Discuss/Action dedication easement to Johnson) MOTION: Council Dowd seconded. Consider/DiscuI Manual (Philip Sa thorizing the ons. (Joseph Council Member Resolution amending the Personnel Policy rues moved to approve. Council Member ed 7-0. tion regarding a Resolution nominating Board of entral Appraisal District. (Philip Sanders) Mayor Crist moved to take no action. Council Member Dowd ioMotion carried 7-0. Briefing/Discussion regarding US 75 Utility Relocation Project. (Joseph ighnson) Public Works Director Johnson gave a brief project update. 12. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: 09-22-15 3 CC Regular 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) b. discuss or deliberate the purchase, exchange, lease, or value real property (Tex. Gov't Code §551.072); acquisition of right - way, easements, and land for municipal facilities; A The Council further reserves the right to enter into ex any time throughout any duly noticed meeting and exception to the Open Meetings Act. Council Member Bryan moved to enter . Council Member Bryan second Mayor Crist reconvened the regular m 13. Consider/Discuss/Action on Workshop Session or any clos Meeting, as necessary. No action taken. MOTION: Cc Council Mem City Secretary Carrie L Barnes moved to adjourn nded. Motion carried 7-0. Mayor Mike Crist 09-22-15 4 CC Regular Minutes MINUTES PLANNING AND ZONING COMMISSION REGULAR MEETING September 14, 2015 The Planning and Zoning Commission of the City of Anna held its regular meeting on September 14th, 2015, at 7:00 p.m., at the Community Room of the Anna City Hall Administration Building located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to order and establishment of quorum. The meeting was called to order at 7:02 p.m. Members present were Sandy Setliff, Don Callaham, Lorenzo Gonzalez, Donald Henke, John Johnson, Darrin Colombo and Tom Plunkett. Staff present was Maurice Schwanke and Tana Ross. 2. Invocation and Pledge of Allegiance. Mr. Schwanke gave the invocation and led the Pledge of Allegiance. 3. Consider/Discuss/Act on recommendation regarding "Bichler" development plat. Mr. Schwanke gave a presentation regarding development plat. The development plat is located within the southwest part of the extraterritorial jurisdiction of the City. The tract is located in the T. Bruce Survey and contains approximately 6.626 acres of land. The property is generally located at 6364 County Road 281. The owner is proposing to build a house, carport and several other structures on the tract. The submittal meets the City of Anna development plat requirement. Mr. Schwanke noted that the Staff recommends approval of the development plat. A motion was made by Commissioner Henke, seconded by Commissioner Setliff to recommend approval of the development plat. The vote was unanimous. 4. Consider/Discuss/Act on recommendation regarding "W-J Ranch South" development plat. Mr. Schwanke gave a presentation regarding development plat. -The development plat is located within the western edge of the extraterritorial jurisdiction of the City. The tract is in the John Patton Survey and consists of approximately 11.041 acres. The owner is proposing to build a 55,000 square foot metal building on the tract. The property is located at 7620 County Road 209. The submittal meets the City of Anna development plat requirement. Mr. Schwanke noted that the Staff recommends approval of the development plat PZ Agenda 09-14-15.doc Page 1 of 6 9-14-15 A motion was made by Commissioner Setliff, seconded by Commissioner Plunkett to recommend approval of the development plat. The vote was unanimous. 5. Consider/Discuss/Act on recommendation regarding "Westminster Substation" development plat. Mr. Schwanke gave a presentation. The development is located within Anna's extraterritorial jurisdiction of the City. The tract is in the Samuel Craft Survey, Abstract No. 165 and contains 5 acres of land. Texas New Mexico Power Company is proposing a substation. The property is located generally north of the Sam Rayburn Memorial Highway and west of F.M. Highway 2862. The submittal meets the City of Anna development plat requirements. Mr. Schwanke note that the Staff recommends approval of the development plat A motion was made by Commissioner Henkee, seconded by Commissioner Gonzalez to recommend approval of the development plat. The vote was unanimous. 6. Consider/Discuss/Act on recommendation regarding "Victoria Falls Center Addition "site plan and landscape plan. The property is located on the east side of Victoria Falls Drive north of West White Street. Mr. Schwanke gave a presentation. This project contains 7.477 acres of commercially zoned property. Additionally, this tract is within the Thoroughfare overlay district which requires all buildings to be 100 percent masonry (Brick, Stone, and or split face CMU. It tract contains 5 lots with Lot 1 lot being site planned at this time. The proposal contains a building with 45,690 square feet of retail space with required parking and landscaping. Part of building may end up leasing for food service type activity that may require additional parking for the center. If this occurs additional parking could be added after appropriate approvals east of the detention pond. This tract is also associated with agenda item 8 which is a preliminary plat that includes preliminary storm drainage, water, sanitary sewer plans. In July of 2009 several trees on this tract were cut down without a tree removal permit. The trees have been accounted for on this plan by adding additional trees above requirements and by increasing the caliper of trees to be planted. 287 additional caliper inches have been accounted for in the landscape plan. The City Staff has reviewed this application for compliance. A motion was made by Commissioner Plunkett, seconded by Commissioner Callalham to recommend approval of the site plan and landscape plan. The vote was unanimous. 7. Consider/Discuss/Act on recommendation regarding "Victoria Falls Center Addition" preliminary plat. Mr. Schwanke gave a presentation. The tract is being proposed to be broken down into five lots. As such a preliminary plat is required. This plat has been reviewed by city staff and consulting engineer. Mr. Schwanke noted that the staff is recommending approval of this plat. A motion was made by Commissioner Callaham, seconded by Commissioner Colombo to recommend approval the preliminary plat. The vote was unanimous. PZ Agenda 09-14-15.doc Page 2 of 6 9-14-15 8. Consider/Discuss/Act on recommendation regarding "JaRyCo" site plan and landscape plan. The property is located on the west side of Victoria Falls Drive north of West White Street. Mr. Schwanke gave a presentation and answered questions from the Commission. This project contain is part of PD 119-2003 commercially zoned property. The intended use of the property is medical and general offices and retail. Additionally, this tract is within the Thoroughfare overlay district which requires all buildings to be 100 percent masonry (Brick, Stone, and or split face CMU. This site plan is on an existing platted lot. The proposal contains a building with 10,787 square feet of space with required parking and landscaping. A landscape plan will be required. Mr. Schwanke noted that the City Staff has reviewed this application for compliance. Bruce Keller, representative, regarding the project gave a presentation and answered questions from the Commission. A motion was made by Commissioner Plunkett, seconded by Commissioner Setliff to recommend approval of the site plan. The vote was unanimous. 9. Consider/Discuss/Act on recommendation regarding "Avery Point PH I" final plat. Mr. Schwanke gave a presentation. The Avery Point final plat contains approximately 30.09 acres located in the Francis T. Duffau Survey, Abstract No. 288. Within this project 89 residential lots and 4 common areas are proposed. With the develop of this area the adjacent thoroughfares will be constructed which includes Hackberry Lane and Ferguson Parkway. The plat layout is in conformance with the existing zoning. Engineering plans have been submitted and approved for this Addition. Therefore, the staff is recommending approval of this plat. Jeff Klement, representative from JBI Partners, gave a presentation and answered questions from the Commission. A motion was made by Commissioner Gonzalez, seconded by Commissioner Callaham to recommend approval of the final plat. The vote was unanimous. 10. Consider/Discuss/Act on recommendation regarding "Ferguson Parkway & Lot 1 Block A" final plat. Mr. Schwanke gave a presentation. The Ferguson Parkway final plat contains approximately 9.117 acres located in the Francis T. Duffau Survey, Abstract No. 288. Within this project 1 commercial lots and the right-of-way for Ferguson Parkway is proposed. Four lanes of Ferguson Parkway starting at West White Street will be constructed with this. The plat layout is in conformance with the existing zoning. Engineering plans have been submitted and approved for this Addition. Therefore, the staff is recommending approval of this plat. A motion was made by Commissioner Setliff, seconded by Commissioner Callaham to recommend approval of the final plat. The vote was unanimous. PZ Agenda 09-14-15.doc Page 3 of 6 9-14-15 ii. Consider/Discuss/Act on recommendation regarding "West Crossing PH 6" preliminary plat. Mr. Schwanke gave a presentation. The West Crossing preliminary plat contains 21.335 acres located in the Henry Brantley Survey, Abstract No. 71. Within this project 108 residential lots are proposed. The plat layout is in conformance with the existing zoning. The staff is recommending that the approval of this preliminary plat be subject to final construction plans approval addressing all engineering concerns. A motion was made by Commissioner Callaham, seconded by Commissioner Setliff to recommend approval of the preliminary plat. The vote was unanimous. 12. (a) Public Hearing: To consider public comments regarding a request by John Arnold, representative for Foster Crossing LTD (Skorburg Co.) owner(s) of the property, to revise the existing PD (2002-27A) zoning. The property is currently zoned as (PD) Planned Development for residential and commercial uses. The owner(s) of the property are requesting to change the commercial portion and the portion of the remainder to single family residential and to adjust densities throughout the request. The property is generally located west of Powell Parkway and north of Foster Crossing Road. Mr. Schwanke gave a presentation. The property identified on the attached Exhibit A (proposed ordinance attached) is intended to accommodate residential development in the City of Anna. The existing zoning on the property consists of 6,000, 7,200, 8,400 square foot lots and a commercial tract. The developer is proposing to adjust the density by making the overall lot size scheme with a 7,200 minimum lot size with a minimum average 8,400 square feet lot size. Since the existing zoning has an area with 6,000 square feet lot size entitlement the developer is asking for 15 units with a minimum lot size of 6,600 square feet. The overall minimum average 8,400 square feet lot size will be maintained. The commercial element of the existing zoning that was based on a previous alignment of proposed Ferguson Road will be eliminated. The staff is in support of this zoning request and is recommending approval. (b) Consider/Discuss/Act on recommendation regarding a request to amend existing PD (2002-27A) zoning changing the commercial portion and residential portions of the tract to single family residential and to adjust densities throughout the request. The Public Hearing Opened at 7:59 p.m. John Arnold, representative for Skorburg Company gave a presentation and answered questions from the Commission. Several residents were present and express their views regarding the agenda item. The Public Hearing Closed at 8:24 p.m. Following discussion, a motion was made by Commission Plunkett to table the agenda item. Commissioner Setliff seconded the motion. The vote was (4) ayes (Plunkett, Setliff, Gonzalez, Colombo) and (3) nays (Johnson, Henke, Callaham). Motion carried to table this item. 13. (a) Public Hearing: To consider public comments regarding a request by Ryan Combs, representative for Palladium USA and John Arnold, representative for Skorburg Company. The property is currently zoned as (PD) Planned Development for multi- family and commercial uses. The owner(s) of the property are requesting a change in PZ Agenda 09-14-15.doc Page 4 of 6 9-14-15 the PD to increase the standards in regard to multi -family development element if multi -family takes place on a certain 10 acres within the existing Planned Development that was approved by ordinance number 129-2004. The remainder of the ordinance is still applicable. The property is generally located east of the railroad track and north of Finley Drive. Mr. Schwanke gave a presentation. The request for zoning change contains 9.482 acres in the area commonly referred to as Anna Town Square. The property backs up to the Dart Rail to the west that creates some access difficulties since two points of improved access is required for all developments. Item 15 of this agenda provides an alternative to this situation that has been provided by the developer. This zoning request changes the existing entitlements for multi -family development to more enhanced standards than currently exist for this specific part of Anna Town Square. The staff has worked with the applicant to improve the requirements that are found in the attached ordinance. (b) Consider/Discuss/Act on recommendation regarding a request to amend existing PD (129-2004) to increase the standards in regard to multi -family development element if multi -family takes place on a certain 10 acres within the existing PD 129- 2004. The Public Hearing opened at 8:32 p.m. Ryan Combs representative, gave a presentation and answered questions from the Commissioner. The Public Hearing closed at 8:35 p.m. After a brief discussion, a motion was made by Commissioner Henke to approve the agenda item. Commissioner Gonzalez seconded the motion. The vote was unanimous. 14. Consider/Discuss/Act on recommendation regarding a formal request by John Arnold, as the representative for Palladium USA to waive its requirement that each subdivision have two fully paved access points connecting to the City's approved roadway system. This request pertains to the Palladium Anna site. Mr. Schwanke gave a presentation. He noted the applicant has submitted a request for waiver of the two fully paved access points connecting to the City's approved roadway system. The request is being proposed as a hardship because of the existence of the Dart railroad limiting the access to the property. He also noted the applicant is willing to provide an alternate temporary access method for providing emergency access only. This access would be via an extension of Finley Blvd. to a future extension of Leonard Blvd. The applicant requested that this item be Tabled. A motion was made by Chairman Johnson to Table the agenda item. Commissioner Callaham seconded the motion. The vote was unanimous. 15. Consider/Discuss/Act on recommendation regarding "Anna Town Square Amenity Center" final plat. Mr. Schwanke gave a presentation. The Anna Crossing Amenity Center final plat will contain the amenity center that will serve all of the Anna Town Square residential PZ Agenda 09-14-15.doc Page 5 of 6 9-14-15 development. The plat engineering has been reviewed by the staff and City Engineer. The staff is recommending approval of this plat. A motion was made by Commissioner Setliff, seconded by Commissioner Callaham to recommend approval of the final plat. The vote was unanimous. 16. Consider action to approve Minutes of the August 3rd, 2015 Planning and Zoning Commission Meeting. A motion was made by Commissioner Setliff, seconded by Commissioner Henke to approve the Minutes of the August 3rd, 2015 meeting. 17. Adjourn. There being no further business, a motion was made by Commissioner Setliff, seconded by Commissioner Plunkett to adjourn meeting. The meeting adjourned at 9:03 p.m. Maurice Schwanke Director of Planning and Development PZ Agenda 09-14-15.doc Page 6 of 6 9-14-15 CITY OF AN NA. TEXAS Item No. 6c City Secretary's use only City Council Agenda Staff Report Date: 10//13/15 Staff Contact: Maurice Schwanke Exhibits: Yes AGENDA SUBJECT: Approve "Anna Crossing PH 3A" final plat. SUMMARY: A final plat has been received on approximately 20.693 acres of land that is located east of Leonard Avenue and north of Sharp Street. The Civil plans are approved and infrastructure has been installed. The required lift station and force main servicing this phase has been approved and is under construction. This phase contains 36 residential lots on the tract. The Planning and Zoning Commission recommended approval of the final plat at their meeting, October 5th, 2015. The vote was unanimous. STAFF RECOMMENDATION: Approval of Resolution CITY OF AN NA, TEXAS Item No. 6d City Secretary's use only City Council Agenda Staff Report Date: 10/13/2015 Staff Contact: Clayton Fulton Exhibits: Yes AGENDA SUBJECT: Approve a Resolution setting date and time for a public hearing on the creation of the Villages of Hurricane Creek TIRZ SUMMARY: In order to create the Tax Increment Reinvestment Zone (TIRZ) associated with the Hurricane Creek Development, the City needs to call for a public hearing before the zone can be created. The attached resolution authorizes the public hearing but does not create the TIRZ. The TIRZ can be created at a meeting after the public hearing. STAFF RECOMMENDATION: Approve the resolution authorizing the public hearing on the TIRZ. CITY OF AN NA. TEXAS Item No. 6e City Secretary's use only City Council Agenda Staff Report Date: 10//13/15 Staff Contact: Maurice Schwanke Exhibits: Yes AGENDA SUBJECT: Approve the "Munger" development plat. SUMMARY: The development plat is located within Anna's extraterritorial jurisdiction. The tract is in the Joseph Britton Survey, Abstract No. 72 and contains approximate 1.252 acres of land. The owner is proposing to build a house and other structures on the tract. The property is located at 10236 County Road 289. The submittal meets the City of Anna development plat requirement. The Planning and Zoning Commission recommended approval of the development plat at their meeting, October 511, 2015. The vote was unanimous. STAFF RECOMMENDATION: Approval of Resolution CITY OF AN NA. TEXAS Item No. 6f City Secretary's use only City Council Agenda Staff Report Date: 10//13/15 Staff Contact: Maurice Schwanke Exhibits: Yes AGENDA SUBJECT: Approve the "Richardson" development plat. SUMMARY: The development plat is located within Anna's extraterritorial jurisdiction. The tract is in the Richard Phalen Survey, Abstract no. 694 and contains approximate 4 acres of land. The owner is proposing to build a house, carport and several other structures on the tract. The property is located at 9183 County Road 285. The submittal meets the City of Anna development plat requirement. The Staff recommends approval of the development plat. The Planning and Zoning Commission recommended approval of the development plat at their meeting, October 51", 2015. The vote was unanimous. STAFF RECOMMENDATION: Approval of Resolution CITY OF AN NA. TEXAS Item No. 6g City Secretary's use only City Council Agenda Staff Report Date: 10/13/15 Staff Contact: Maurice Schwanke Exhibits: Yes AGENDA SUBJECT: Approve the "Robertson Addition" development plat. SUMMARY: The development plat is located within Anna's extraterritorial jurisdiction. The tract is in the J. C. Neil Survey, Abstract No. 659 and contains approximate 5 acres of land. The owner is proposing to build a house and a metal workshop on the tract. The property is located at 12144 County Road 509. The submittal meets the City of Anna development requirement. The Staff recommends approval of the development plat. The Planning and Zoning Commission recommended approval of the development plat at their meeting, October 51", 2015. The vote was unanimous. STAFF RECOMMENDATION: Approval of Resolution i CITY OF AN NA, TEXAS Item No. 7 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: Maurice Schwanke Exhibits: Yes AGENDA SUBJECT: Consider/Discuss/Action regarding a resolution approving a Subdivision Improvement Agreement for Anna Crossing, Phase 3A. SUMMARY: Anna Crossing, Phase 3A is located at the northeast corner of Sharp Road and Leonard Avenue in the Anna Town Square development east of State Highway 5 (Powell Parkway) and includes 36 single family lots. The attached Subdivision Improvement Agreement will authorize the release of building permit for not more than 10% of the lots within Phase 3A prior to formal acceptance by the City of all the required public improvements. Release of the building permits is conditioned on completion of all public improvements required to serve the property with the exception of the off -site sewer. A certificate of occupancy for the new homes will not be issued until the all public improvements are formally accepted, and the final plat has been recorded with Collin County. Authorization for this type of agreement is outlined in the City's Subdivision Ordinance. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution and Agreement. CITY OF AN NA, TEXAS Item No. 8 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: Joseph Johnson Exhibits: Yes AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Hector Bernal and Janice Bernal. SUMMARY: The City is working on the design and construction of a new sanitary sewer interceptor line that is necessary to accommodate the current and future growth of our city. In order to construct these improvements, the City will need to acquire an easement across property owned by Hector and Janice Bernal. The attached resolution authorizes Staff to negotiate, and, if necessary, initiate the use of eminent domain to acquire the needed sewer easement. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution. A motion to approve the resolution should be made precisely as follows as prescribed by law: "I move that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.127 acres of land, more or less, for a permanent sanitary sewer easement, and 0.243 acres of land, more or less, for a temporary construction easement, said tracts located in the Robert A. Johnson Survey, Abstract No. 479, Collin County, Texas, and described in a deed to Hector Bernal and Janice Bernal, recorded in Instrument Number 20060703000907110 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.127 acres and 0.243 acres being more particularly described by the metes and bounds description set forth in Exhibit "A" to this resolution, which I incorporate in full into my motion." CITY OF AN NA, TEXAS Item No. 9 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: Joseph Johnson Exhibits: Yes AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Gerald Ray Davidson. SUMMARY: The City is working on the design and construction of a new sanitary sewer interceptor line that is necessary to accommodate the current and future growth of our city. In order to construct these improvements, the City will need to acquire an easement across property owned by Gerald Ray Davidson. The attached resolution authorizes Staff to negotiate, and, if necessary, initiate the use of eminent domain to acquire the needed temporary construction easement. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution. A motion to approve the resolution should be made precisely as follows as prescribed by law: "I move that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.147 acres of land, more or less, for a temporary construction easement, said tract located in the Robert A. Johnson Survey, Abstract No. 479, and the Ezra Shelby Survey, Abstract No. 839, Collin County, Texas, and described in a deed to Gerald Ray Davidson, recorded in Instrument Number 20020405000502240 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.147 acres being more particularly described by the metes and bounds description set forth in Exhibit "A" to this resolution, which I incorporate in full into my motion." CITY OF AN NA, TEXAS Item No. 10 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: Joseph Johnson Exhibits: Yes AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Jon Michael Petersen and Laura Jean Petersen. SUMMARY: The City is working on the design and construction of a new sanitary sewer interceptor line that is necessary to accommodate the current and future growth of our city. In order to construct these improvements, the City will need to acquire an easement across property owned by Jon and Laura Petersen. The attached resolution authorizes Staff to negotiate, and, if necessary, initiate the use of eminent domain to acquire the needed sewer easement. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution. A motion to approve the resolution should be made precisely as follows as prescribed by law: "I move that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.150 acres of land, more or less, for a permanent sanitary sewer easement, and 0.241 acres of land, more or less, for a temporary construction easement, said tracts located in the Robert A. Johnson Survey, Abstract No. 479, and the Ezra Shelby Survey, Abstract No. 839, Collin County, Texas, and described in a deed to Jon Michael Petersen and wife Laura Jean Petersen, recorded in Instrument Number 199990730000955880 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.150 acres and 0.241 acres being more particularly described by the metes and bounds description set forth in Exhibit "A" to this resolution, which I incorporate in full into my motion." CITY OF AN NA, TEXAS Item No. 11 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: Joseph Johnson Exhibits: Yes AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement (Tract 1) on private property owned by Chris Plumlee and Lisa Plumlee. SUMMARY: The City is working on the design and construction of a new sanitary sewer interceptor line that is necessary to accommodate the current and future growth of our city. In order to construct these improvements, the City will need to acquire an easement across property owned by Chris and Lisa Plumlee. The attached resolution authorizes Staff to negotiate, and, if necessary, initiate the use of eminent domain to acquire the needed sewer easement. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution. A motion to approve the resolution should be made precisely as follows as prescribed by law: "I move that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.155 acres of land, more or less, for a permanent sanitary sewer easement, and 0.226 acres of land, more or less, for a temporary construction easement, said tracts located in the Robert A. Johnson Survey, Abstract No. 479, Collin County, Texas, and described in a deed to Chris Plumlee and Lisa Plumlee, recorded in Instrument Number 20100624000646560 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.155 acres and 0.226 acres being more particularly described by the metes and bounds description as Tract 1 set forth in Exhibit "A" to this resolution, which I incorporate in full into my motion." CITY OF AN NA, TEXAS Item No. 12 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: Joseph Johnson Exhibits: Yes AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement (Tract 2) on private property owned by Chris Plumlee and Lisa Plumlee. SUMMARY: The City is working on the design and construction of a new sanitary sewer interceptor line that is necessary to accommodate the current and future growth of our city. In order to construct these improvements, the City will need to acquire an easement across property owned by Chris and Lisa Plumlee. The attached resolution authorizes Staff to negotiate, and, if necessary, initiate the use of eminent domain to acquire the needed sewer easement. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution. A motion to approve the resolution should be made precisely as follows as prescribed by law: "I move that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.024 acres of land, more or less, for a permanent sanitary sewer easement, and 0.014 acres of land, more or less, for a temporary construction easement, said tracts located in the Robert A. Johnson Survey, Abstract No. 479, Collin County, Texas, and described in a deed to Chris Plumlee and Lisa Plumlee, recorded in Instrument Number 20100624000646560 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.024 acres and 0.014 acres being more particularly described by the metes and bounds description as Tract 2 set forth in Exhibit "A" to this resolution, which I incorporate in full into my motion." CITY OF AN NA, TEXAS Item No. 13 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: Joseph Johnson Exhibits: Yes AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Shane Spencer and Crystal Spencer. SUMMARY: The City is working on the design and construction of a new sanitary sewer interceptor line that is necessary to accommodate the current and future growth of our city. In order to construct these improvements, the City will need to acquire an easement across property owned by Shane and Crystal Spencer. The attached resolution authorizes Staff to negotiate, and, if necessary, initiate the use of eminent domain to acquire the needed sewer easement. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution. A motion to approve the resolution should be made precisely as follows as prescribed by law: "I move that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.151 acres of land, more or less, for a permanent sanitary sewer easement, and 0.213 acres of land, more or less, for a temporary construction easement, said tracts located in the Robert A. Johnson Survey, Abstract No. 479, and the Ezra Shelby Survey, Abstract No. 839, Collin County, Texas, and described in a deed to Shane Spencer and Crystal Spencer, recorded in Instrument Number 20120727000917890 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.151 acres and 0.213 acres being more particularly described by the metes and bounds description set forth in Exhibit "A" to this resolution, which I incorporate in full into my motion." CITY OF AN NA, TEXAS Item No. 14 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: Joseph Johnson Exhibits: Yes AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Kerry B. Tubbs and Gwendolyn M. Iselt-Tubbs. SUMMARY: The City is working on the design and construction of a new sanitary sewer interceptor line that is necessary to accommodate the current and future growth of our city. In order to construct these improvements, the City will need to acquire an easement across property owned by Kerry Tubbs and Gwendolyn Iselt-Tubbs. The attached resolution authorizes Staff to negotiate, and, if necessary, initiate the use of eminent domain to acquire the needed sewer easement. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution. A motion to approve the resolution should be made precisely as follows as prescribed by law: "I move that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.064 acres of land, more or less, for a permanent sanitary sewer easement, and 0.166 acres of land, more or less, for a temporary construction easement, said tracts located in the Robert A. Johnson Survey, Abstract No. 479, Collin County, Texas, and described in a deed to Kerry B. Tubbs and wife Gwendolyn M. Iselt-Tubbs, recorded in Instrument Number 20050620000814000 (also recorded in Vol. 5943, Page 1524) of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.064 acres and 0.166 acres being more particularly described by the metes and bounds description set forth in Exhibit "A" to this resolution, which I incorporate in full into my motion." CITY OF AN NA, TEXAS Item No. 15 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: Joseph Johnson Exhibits: Yes AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Gary K. Verner and Ronna Walker Verner. SUMMARY: The City is working on the design and construction of a new sanitary sewer interceptor line that is necessary to accommodate the current and future growth of our city. In order to construct these improvements, the City will need to acquire an easement across property owned by Gary and Ronna Verner. The attached resolution authorizes Staff to negotiate, and, if necessary, initiate the use of eminent domain to acquire the needed sewer easement. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution. A motion to approve the resolution should be made precisely as follows as prescribed by law: "I move that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.157 acres of land, more or less, for a permanent sanitary sewer easement, and 0.225 acres of land, more or less, for a temporary construction easement, said tracts located in the Robert A. Johnson Survey, Abstract No. 479, Collin County, Texas, and described in a deed to Gary K. Verner and wife, Ronna Walker Verner, recorded in Instrument Number 19971124001000720 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.157 acres and 0.225 acres being more particularly described by the metes and bounds description set forth in Exhibit "A" to this resolution, which I incorporate in full into my motion." CITY OF AN NA, TEXAS Item No. 16 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: Joseph Johnson Exhibits: Attached. AGENDA SUBJECT: Authorize the City Manager to execute a contract with W. Brown Enterprises, Inc. for the Hackberry Elevated Storage Tank Offsite Water Line Project. SUMMARY: On September 17, 2015 at 2:00 PM sealed bids were opened for this project. W. Brown Enterprises, Inc. was the apparent low bidder with a base bid of $737,284.50. The City's consulting engineer has reviewed the bids and bidder qualifications and recommends that the City of Anna award the contract to W. Brown Enterprises, Inc. There are funds available for this project in the 2012 and 2014 Certificate of Obligation. STAFF RECOMMENDATION: Staff recommends approval of this item. CITY OF AN NA, TEXAS Item No. 17 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: Joseph Johnson Exhibits: Attached AGENDA SUBJECT: Authorize the City Manager to execute a contract with A&M Construction & Utilities, Inc. for the 2014 Texas Community Development Block Grant (TxCDBG) Sewer Replacements Project. SUMMARY: On September 25, 2015 at 2:00 PM sealed bids were opened for this project. A&M Construction & Utilities, Inc. was the apparent low bidder with a base bid of $276,556.15 and an additive alternate bid of $12,285.00 for a total of $288,841.15. The City's consulting engineer has reviewed the bids and bidder qualifications and recommends that the City of Anna award the contract to A&M Construction and Utilities, Inc. There are funds available for this project from a Texas Community Development Block Grant (TxCDBG) awarded to the City of Anna by the Texas Department of Agriculture (TDA). Additional funds are available for the Project in the Utility Fund unrestricted fund balance in the amount of $13,841.15. STAFF RECOMMENDATION: Staff recommends approval of this item. i CITY OF AN NA, TEXAS Item No. 18 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: Philip Sanders Exhibits: Yes AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution authorizing the City Manager to negotiate non -annexation agreements with the owners of certain properties located in the city's extraterritorial jurisdiction. SUMMARY: Section 212.171 of the Texas Local Government Code authorizes a city to make a written contract with an owner of land located in the extraterritorial jurisdiction (ETJ) that would guarantee the property immunity from annexation by the city for a finite period of time. Such contracts typically include additional guarantees by the property owner relative to the future development of the property. Section 43.035 of the Local Government Code requires a city to offer a Section 212 development agreement prior to annexing any land that is appraised for ad valorem tax purposes as land for agricultural or wildlife management use. The City of Anna has a vested interest in preventing development in the ETJ that could negatively impact property located within the city limits or that would otherwise be inconsistent with the city's future land use plan. Toward that end, staff is recommending that the City Council authorize the City Manager to offer and negotiate Chapter 212 non -annexation agreements with the owners of certain properties located in the ETJ in close proximity to our current city limits. The standard agreement would guarantee a subject property immunity from annexation for at least five (5) years, and would likewise limit development of the property during the term of the agreement. Existing legal uses of a subject property would be unaffected and could continue. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution. CITY OF AN NA, TEXAS Item No. 19 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: City Manager Exhibits: N/A AGENDA SUBJECT: 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: SUMMARY: 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); conflict of interest disclosure. 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. c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); discuss proposed residential and mixed -use development. d. discuss or deliberate personnel matters (Tex. Gov't Code §551.074); members of City boards and commissions. 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. STAFF RECOMMENDATION: CITY OF AN NA, TEXAS Item No. 20 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: City Manager Exhibits: N/A AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted agenda Workshop Session or any closed session occurring during this Regular Meeting, as necessary. SUMMARY: STAFF RECOMMENDATION: CITY OF AN NA, TEXAS AGENDA SUBJECT: Adjourn SUMMARY: Item to adjourn the meeting. STAFF RECOMMENDATION: Staff recommends a motion to adjourn. Item No. 21 City Secretary's use only City Council Agenda Staff Report Date: October 13, 2015 Staff Contact: City Manager Exhibits: None