HomeMy WebLinkAbout08-03-2017 EDC Agenda PacketAGENDA
ANNA ECONOMIC DEVELOPMENT CORPORATION
Thursday, August 3, 2017 @ 5:00 P M
ECONOMIC Anna City Hall, Council Chambers
DEVELOPMENT CORPORATION 111 N. Powell Parkway,Anna, Texas 75409
The Anna Economic Development Corporation will conduct a meeting at 5:00 PM on
August 3, 2017, at the Anna City Hall Administration Building, 111 N. Powell Parkway, to
consider the following items:
Call to Order, Roll Call and Establishment of Quorum
2. Citizen Comments
3. Consider/Discuss/Action regarding adopting a resolution awarding a bid for
waterline construction on the Anna Business Park property to Saber Construction.
4. Consider/Discuss/Action regarding adopting a resolution approving a
reimbursement to Kirby Smith for costs associated with mowing portions of the
Anna Business Park property.
5. Update on signage for the building and monument sign for 312 N. Powell Parkway
and "for sale" sign for Anna Business Park property.
6. CLOSED SESSION (EXCEPTIONS)
a. Deliberate regarding the purchase, exchange, lease or value of real
property. (Tex. Gov't Code 551.072) 312 North Powell Parkway.
b. Consult with legal counsel 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);
c. Discuss or deliberate Economic Development Negotiations:
(1) To discuss or deliberate regarding commercial or financial information that the
Board of Directors has received from a business prospect that the Board of
Directors seeks to have locate, stay, or expand in or near the territory of the City of
Anna and with which the Board is conducting economic development negotiations;
or
(2)To deliberate the offer of a financial or other incentive to a business
prospect described by subdivision (1). (Tex. Gov't Code 551.087) 312 North
Powell Parkway.
7. Consider/Discuss/Action regarding adopting a resolution approving the fiscal 2017-
2018 budget.
8. Consider/Discuss/Action regarding adopting the minutes from the July 7,2017
meeting.
9. Adjourn.
This is to certify that I, Jessica Perkins, Chief Administrative Officer, posted this agenda
at a place readily accessible to the public at the Anna City Hall and on the City Hall
bulletin board at or before 5:00 p.m. on July 31,2017.
Jessica Perkins, Chief Administrative Officer
IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in
this agenda. The Corporation reserves the right to retire into closed session concerning any of the
items listed on this agenda, whenever it is considered necessary and legally justified under the Open
Meetings Act. Disabled persons who want to attend this meeting and who may need assistance should
contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate
arrangements can be made.
ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Economic
Development Corporation meets at the same time and place scheduled for this meeting, then this
meeting will be delayed and will begin immediately after the conclusion of the meeting of the Anna
Economic Development Corporation.
ECONOMIC
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 3.
EDC Agenda
Staff Report
Meeting Date: 8/3/2017
Staff Contact. Jessica
Perkins
Consider/Discuss/Action regarding adopting a resolution awarding a bid for waterline
construction on the Anna Business Park property to Saber Construction.
SUMMARY:
The EDC advertised to receive bids related to the construction of the waterline for the
Anna Business Park Property. The bid opening was conducted on Thursday, July 6,
2017 at 3:00 pm. A total of 10 bids were received and opened.
Legends Underground Inc. of North Richland Hills, Texas submitted the low bid in the
amount of $123,800.00. Our Engineering staff reviewed references provided by
Legends Underground. Only one reference of 3 was a municipality and was not
located in Texas. The remaining 2 references were for private developments also in
another state. Additional references, equipment list, and financial statements were
requested from Legends Underground but were not received.
Saber Development Corporation of Dallas, Texas submitted the second low bid in the
amount of $136,050.00. Saber Development meets the qualification requirements of
the bid documents, has a satisfactory record of completing similar projects throughout
North Texas and has adequate equipment and financial resources to properly pursue
this project.
Based on this information our Engineering Firm recommends that the EDC accept the
bid from Saber Development Corporation and award them a contract in the amount of
$136, 050.00
STAFF RECOMMENDATION:
Staff recommends you approve.
ATTACHMENTS:
Description
Resolution - Saber Dev.
bid tab
Exhibit A - Saber Dev. Contract
Upload Date Type
7/31/2017 Resolution
7/31/2017 Backup Material
8/2/2017 Backup Material
ANNA ECONOMIC DEVELOPMENT CORPORATION
RESOLUTION NO.
A RESOLUTION OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION
APPROVING AND AUTHORIZING THE EXECUTION OF A CONTRACT WITH SABER
DEVELOPMENT FOR THE CONSTRUCITON OF A WATERLINE FOR THE ANNA
BUSINESS PARK PROPERTY
WHEREAS, the Anna Economic Development Corporation (the "EDC") wishes to
expend funds for the construction of a water line of the property known as the Anna
Business Park Property.
WHEREAS, the EDC intends that said funds be used solely for services for the
professionals services needed to construct the water line for the Anna Business Park
property to the standards of the Anna City Code of Ordinances and any other applicable
standards or regulations.
NOW THEREFORE, BE IT RESOLVED BY THE ANNA ECONOMIC DEVELOPMENT
CORPORATION, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Funding
The EDC hereby approves the contract agreement with Saber Development for the
construction of the waterline project, attached hereto as Exhibit A, and to charge the
EDC's Other Capital Expenditures line item in the amount of no more than
$ 136,050.00 . This resolution further authorizes the execution of the agreement,
subject to final legal review and approval by the City Attorney the Chief Administrative
Officer.
PASSED AND APPROVED by the Anna Economic Development Corporation this
day of , 2017.
APPROVED:
ATTEST:
Connie Stump, EDC President Lauretta Blacketer, EDC Secretary
EDC OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1
sue,
CITY OF ANNA, TEXAS
ECONOMIC DEVELOPMENT CORPORATION
Business Park Water Line
BID SUMMARY
Bids Received at 3:00 p.m., Thursday, July 6, 2017
Contractor Total Amount Bid
1. Legends Underground, Inc.
8528 Davis Blvd #134, #340
North Richland Hills, Texas 76182 $ 123,800.00
2. Saber Development Corporation
P.O. Box 540186
Dallas, Texas 75354
3. LKG Resources, LLC
P.O. Box 3137
Grapevine, Texas 76099
$ 136,050.00
$ 157,500.00
4. ANA Site Construction, LLC
10100 Horseshoe Nail Dr
Pilot Point, Texas 76258 $ 160,810.00
5. Four Star Excavating
12850 Highway 287
Fort Worth, Texas 76052 $ 162,300.00
6. Wildstone Construction Company
12850 Highway 287
Fort Worth, Texas 76052 $ 168,400.00
7. Dickerson Construction Co., Inc.
P.O. Box 181
Celina, Texas 75009 $ 185,600.00
8. HWH 1887
2510 South Church
Paris, Texas 75460 $ 240,800.00
9 Dowager Utilities Construction, LTD
2464 Manana Drive
Dallas, Texas 75220 $ 252,250.00
10 BCG Construction, Inc.
808 Schoolhouse Rd. Ste 113
Haslet, Texas 76052 $ 272,759.00
1CLERICAUAnna EDC\2017-116 Business Park WL\Specs\Tech-Spec\I2-P&BS-2.xlsx
Exhibit A
BIRKHOFF, HENDRICKS & CARTER, L.L.P.
PROFESSIONAL ENGINEERS
11910 Greenville Ave., Suite 600
JOHN W. BIRKHOFF, P.E.
GARY C. HENDRICKS, P.E.
JOE R. CARTER, P.E.
MATT HICKEY, P.E.
ANDREW MATH, JR., P.E.
JOSEPH T. GRAJEWSKI, III, RE.
DEREK B. CHANEY, P.E.
CRAIG M. KERKHOFF, P.E.
Saber Development Corporation
P. O. Box 540186
Dallas, Texas 75354-0186
Dallas, Texas 75243 Phone (214) 361-7900
Re: Anna Economic Development Corporation
Business Park Water Line
Gentlemen:
August 2, 2017
www.bhellp.com
The Anna EDC's has accepted your proposal for the Business Park Water Line project and awarded you a
contract in the amount of $136,050.00.
We are enclosing for your execution, six (6) copies of the following documents:
• Qualification Statement of Bidders
• Qualification Statement of Bidder's Surety
• Vendors Compliance to State Law
• Conflict of Interest Questionnaire
• Affidavit Against Prohibited Acts
• Proposal and Bid Form
• Contract Agreement
• Bidder's Bond
• Performance Bond and Payment Bond
• Maintenance Bond
Upon completion, please return all copies to our office for further execution by the Owner. Also please
provide a certificate of insurance in accordance with Item 1.04 — Limitation of Liability, Indemnification and
Insurance of the Supplementary General Provisions (with the Anna EDC as insured and the Engineer, their
agents and employees as additional insureds).
We are also enclosing one (1) set of plans and specifications for your use. If you have questions concerning
any of this information, please give me a call.
Sincerely,
Zig M. Lerkl1off, P.E., C.F.M.
Enclosures
cc: Mr. Joseph Johnson
TBPE Firm 526 ACEC Wellness Firm =;�, Better Decisions -Better Designs TBPLS Firm 100318-00
\clerical\anna edc\2017-116 business park w1\IettersWcontracts to saber.docx
Exhibit A
QUALIFICATION STATEMENT OF BIDDERS
SUBMITTED TO: ANNA ECONOMIC DEVELOPMENT CORPORATION
Reviewed by:
Date Received:
CONTRACTOR: Saber Development Corporation
CIRCLE ONE: ❑ Sole Proprietor ❑ Partnership ® Corporation ❑ Joint Venture
NAME: Saber Development Corporation
ADDRESS: P.O. Box 540186
CITY: Dallas, Texas 75354
PHONE: (214) 366-1300
PRINCIPAL PLACE OF BUSINESS. -
Dallas County, Texas
COUNTY
STATE
PARTNER:
ADDRESS:
CITY:
PHONE: _
PRINCIPAL PLACE OF BUSINESS:
COUNTY
IF THE CONTRACTOR IS A CORPORATION, FILL OUT THE FOLLOWING:
STATE OF INCORPORATION: Texas
LOCATION OF PRINCIPAL OFFICE: 2351 W. Northwest Hwy., Suite 1300
Dallas, Texas 75220
CONTACT PERSONS AT OFFICE: Walt Hannon, Vice -President
PERSON EXECUTING CONTRACTS ON BEHALF OF CORPORATION:
NAME:
TITLE:
PHONE
Walt Hannon
Vice -President
(21_4) 366-1300
NAMES OF OFFICERS: (IF APPLICABLE)
_ Walt Hannon
STATE
ADDRESS: P.O. Box 540186
Dallas, Texas 75354
CITY STATE ZIP
Bob Farrow, President
, Vice President
LIST NUMBER OF EMPLOYEES WORKING FOR CONTRACTOR:
28
LIST ALL EQUIPMENT TO BE USED ON THIS PROJECT: (PLEASE USEATTACHMENT)
NUMBER OF YEARS IN BUSINESS AS A GENERAL CONTRACTOR ON PROJECTS
SIMILAR TO THIS PROJECT: 34
TYPE(S) OF WORK DONE: (CIRCLE)
❑ Asphalt Paving
❑ Concrete Paving
® Misc. Concrete
❑ Channel Lining
❑ Pump Stations
® Storm Sewer
❑ Earth Work
1❑ Bridge Work
❑ Demolition
❑ Landscaping
® Water & Sanitary Sewer Lines
Steel Erection
❑ Painting
❑ Fog Seal
❑ Chip Seal
jAderical\anna edc\2017-116 business park wl\specs\contract\forms sent to sader 8-1-2017\05-qualification statement-doc - 9 - Qualification Statement
Exhibit A
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: _Bedford F.M
OWNER/ENGINEER: Ci
YEAR BUILT: 2017
157 Water Main
of Bedford
CONTACT PERSON: Patrick Martin
CONTRACT PRICE: $450,000
PHONE: (817) 952-2227
PROJECT: R. Richland Hills Main Street Sewer & Storm
OWNER/ENGINEER: City Richland Hills
YEAR BUILT: 2016 CONTRACT PRICE:
CONTACT PERSON: Scott Tedford PHONE;.
$939, 500
(817) 538-8010
PROJECT: Grapevine Water & Sewer Replacement
OWNER/ENGINEER: City of Grapevine
YEAR BUILT: 2016 CONTRACT PRICE: $1,090,000
CONTACT PERSON: Curtis Bergthold _ PHONE: 817 614-4272
PROJECT: Colleyv
OWNER/ENGINEER
YEAR BUILT: 2016
CONTACT PERSON
Ile Water & Sewer
-City of Colleyville
CONTRACT PRICE: $2,969,000
Craig Knight PHONE: (817) 776-6128
(USE ATTACHMENTS IF NECESSARI9
LIST INCOMPLETE PROJECTS, PLUS THE FOLLOWING INFORMATION FOR EACH
PROJECT LISTED:
PROJECT: Bishop Arts (City of Dallas)
OWNER/ENGINEER: Alamo Manhatten -
PERCENT COMPLETE: 85%
CONTACT PERSON:
Cody Wilson
Andres Construction, General Contractor
_ CONTRACT PRICE: $1,200,000
PHONE: (214) 521-2118
PROJECT: Crescent Bishop Arts(City of Dallas
OWNER/ENGINEER: Crescent Communities - Andres Construction, General Contractor
PERCENT COMPLETE: 70% CONTRACT PRICE: $650,000
CONTACT PERSON: Jeff Kemp PHONE: (214) 521-2118
jAclericallanna edct2017-116 business park wl\specs\contractllorms sent to sader B-1-2017105-qualification statemenl.doc - 1 0 - Qualification Statement
Exhibit A
PROJECT: Virgin Hotel (Dallas)
OWNER/ENGINEER: Andres Construction,
PERCENT COMPLETE: 0%
CONTACT PERSON: Jeff KemD
PROJECT:
OWNER/ENGINEER:
PERCENT COMPLETE:
CONTACT PERSON:
(USE ATTACHMENTS IF NECESSARY)
General Contractor
_ CONTRACT PRICE:
PHONE:
CONTRACT PRICE:
PHONE:
$680, 000
(214) 521-2118
IF COMPANY IS UNDER NEW MANAGEMENT, PLEASE LIST NAMES OF STAFF AND
QUALIFICATION AND/OR EXPERIENCE OF SAID PERSONS. (PLEASE USE ATTACHMENT.)
HAVE YOU OR ANY PRESENT PARTNER(S) OR OFFICER(S) FAILED TO COMPLETE A
CONTRACT? 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: Bank of America
Address
City: Dallas
Contact Person
Phone: 1 (88
MUNICIPALITY REFERENCE: City:
Contact Person: John Robertson
Address: City of Grapevine
OTHER CREDIT REFERENCES
Name: HD Supply Waterworks
Address: 4333 Irving Blvd.
_ Dallas, Texas 75247
Phone: _(214) 904-0768 Monty Scott
State: Texas Zip:
Jennifer Belcher
852-5000 x2407
Grapevine _
Position
Phone:
Public Works Director
(817) 614-4272
Name: RDO Equipment
Address: P.O. Box 200047
Dallas, Texas 75320-0047
Phone: (800) 950-4905
j:\clerical\anna edc\2017-116 business park wl\specs\contract\forms sent to sader 8-1-2017\05-qualification statementdoc - 11 - Qualification Statement
Exhibit A
EQUIPMENT TO BE USED
Excavators
Make/Model
Year
VIN
Location
JD 200LC
2000
FF0200X502077
JD 330LC
2000
FF0330X080798
Loaders
Make/Model Year IVIN
Location
JD TC54H 1999 DWTC54H572475
Exhibit A
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,
Walt Hannon
Company: Saber Development Corp.
Title: Vice -President
Date:
COPY TO LOCAL UNDERWRITING OFFICE OF PROPOSED SURETY
Name:
Clint Norris, Attorney -in -Fact
Address:
Phone:
City:
State:
jAdericallanna edc12017-116 business park wllspeeMcontract\forms sent to sader 6-1-201705-qualification statement.doc - 1 2 - Qualification Statement
Exhibit A
QUALIFICATION STATEMENT OF BIDDER'S SURETY
SUBMITTED TO: ANNA ECONOMIC DEVELOPMENT CORPORATION
BIDDER: Saber Development Corp. _
ADDRESS P.O. Box 540186, Dallas, Texas 75354 — -
PHONE: (214) 366-1300 -- - ---
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? $6.000,000
4. Is the current financial information on this Contractor satisfactory? Yes
5. Does information obtained indicate accounts are paid when due? YPs
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: The Hartford will favorably consider providing.a 100% Performance Bond and a 100%
-124nent-lb nd prav deda-,caMract s-a carded-to,-aad-execuWd-b*5aber-DP�ment.Corp—P-4easp—. -
-Eli' deFs'tand that and aFrangern nt feF a ti II�
r p� �� iand The
--iariford-and-we assume-no-i"raWity'-to-third-partiesor you bonds.
(IN DUPLICATE)
s lanna cry OR05-quali icaliw slatemem dec
SURETY:
SIGNED:
TITLE: Senior ExecGtive Underwriter
ADDRESS: 3000 Internet Blvd., Suite 600
CITY: Frisco STATE: TX ZIP: 75034
PHONE: (469) 287-1007
- 13 - Qualification Statement
Exhibit A
Davis -Bacon Wage Determinations
WAGE RATES
PREVAILING WAGE RATES FOR MUNICIPAL CONSTRUCTION IN
ANNA, TEXAS
General Decision: TX170028
Date: January 6, 2017
Construction Types: Heavy
Counties: Collin and Denton Counties in Texas.
Rates are for Heavy construction projects only. For other wage rates or for
updated rates, please see the Texas General Decision County Index located at
http://www.gpo.gov/davisbacon/tx.html
-14—
Exhibit A
Page 1 of 4
General Decision Number: TX170028 01/06/2017 TX28
Superseded General Decision Number: TX20160028
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 4811 or Less in Diameter)
Note: Under Executive Order (EO) 13658, an hourly minimum wage
of $10.20 for calendar year 2017 applies to all contracts
subject to the Davis -Bacon Act for which the contract is awarded
(and any solicitation was 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 $10.20 per hour (or the applicable
wage rate listed on this wage determination, if it is higher)
for all hours spent performing on the contract in calendar
year 2017. The EO 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 01/06/2017
* PLUMOIOO-002 07/01/2016
Rates Fringes
Plumbers and Pipefitters......... $ 27.11 10.02
----------------------------------------
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
--------------------------------------
https://www.wdol.gov/wdol/scafiles/davisbacon/TX28.dvb?v=O 4/ 12/2017
jAclerical\anna edc\2017-116 business park w1\specs\contract\07-wage rates (water & sewer txN8 docx - 1 rJ - Wage Rates
Exhibit A
Page 2 of 4
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis -Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health -related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health -related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at www.dol.gov/whd/govcontracts.
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:
PLUM0198-005 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. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. 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.
https://www.wdol.gov/wdol/scafiles/davisbacon/TX28.dvb?v=O 4/ 12/2017
jAclerica ha nna edc\2017-1 16 business park wl\specs\contract\07-wage rates (water & sewer tx28).docx - 1 6 - Wage Rates
Exhibit A
Page 3 of 4
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
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.
https://www.wdol.gov/wdol/scafiles/davisbacon/T'X28.dvb?v=O 4/ 12/2017
jAclerical\anna edc\2017-1 16 business park wkspecs\contract\07-wage rates (water & sewer tx2g).docx - 1 7 - Wage Rates
Exhibit A
Page 4 of 4
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.
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 requestor 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
C
https://www.wdol.gov/wdol/scafiles/davisbacon/TX28.dvb?v=0 4/12/2017
j 1clerical\anna edc\2017-1 16 business park wl\specs\contract\07-wage rates (water & sewer tx28) docx - 1 8 - Wage Rates
Exhibit A
VENDORS COMPLIANCE TO STATE LAW
Texas Government Code, Chapter 2252, Subchapter A provides that, in order to be awarded a
contract as low bidder, non-resident bidders (out of state Contractors whose corporate offices
or principal place of business are outside of the State of Texas) bid projects for construction,
improvements, supplies or services in Texas at an amount lower than the lowest Texas
resident bidder by the same amount that a Texas resident bidder would be required to
underbid a non-resident bidder in order to obtain a comparable contract in the state in which
the non-resident's principal place of business is located. The appropriate blanks in Section 4
must be filled out by all out-of-state or non-resident bidders in order for your bid to meet
specifications. The failure of out-of-state or non-resident Contractors to do so will
automatically disqualify that bidder. Resident bidders must check the box in Section B.
0
11
❑ 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.
® Our principal place of business or corporate office is in the State of Texas.
BIDDER/OFFEROR:
Saber Development Corp.
Company:
Address: P.O. Box 540186
Dallas, Texas 75354
City State Zip
Phone: (214) 366-1300
By: Walt Hannon
(please print)
Signature:
Title: Vice -President
(please print)
THIS FORM MUST BE RETURNED WITH YOUR QUOTATION
j:\clerical\anna edc\2017-116 business park wl\specs\contract\06-vendors compliance doc - 1 9 - Vendors Compliance to State Law
Exhibit A
CONFLICT OF INTEREST QUESTIONNAIRE
j:\clerical\anna edc12017-116 business park wllspecs\contract\09-conflict of interestdoc 20 - Conflict of Interest
Exhibit A
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code
by a person who has a business relationship as defined by Section 176.001(1-a) with a local
governmental entity and the person meets requirements 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 requirethe statement to be filed, See Section 176.006, Local Government Code.
A person commits an offense if the person knowingly violates Section 176.006, Local
Government Code. An offense under this section is a Class C misdemeanor.
Name of person who has a business relationship with local governmental entity.
Saber Development Corporation
❑ Check this box if you are filing an update to a previously filed questionnaire.
FORM CIQ
OFFICE USE ONLY
Date Received
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not
later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
Name of local government officer with whom filer has employment or business relationship.
Name of Officer
This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an
employment or other business relationship as defined by Section 176.001 (1 -a), Local Government Code. Attach additional
pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment
income, from the filer of the questionnaire?
= 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?
Yes KI 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?
= Yes X] No
D. Describe each employment or business relationship with the local government officer named in this section.
Signature of person doing business with the governmental entity
Date
Adopted 06/29/2007
j1clerical\anna edc\2017-116 business park wl\specs\contract 09-conflict of interest. doc
-21-
Conflict of Interest
Exhibit A
AFFIDAVIT AGAINST PROHIBITED ACTS
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: Walt Hannon, Vice -President Date
ATTEST (if corporation)
Date
jlclerical\anna edc\2017-116 business park wl\specs\contract\10-affidavit.doc - 22 - Affidavit Against Prohibited Acts
Exhibit A
PROPOSAL AND BID FORM
jAclerical\anna edc\2017-116 business park wllspecs\contract\11-p&bs-1.doc - 23 - Proposal and Bid Form
Exhibit A
PROPOSAL AND BID FORM
Proposal of: Saber Development Corp. (hereinafter called "Bidder").
Address: P.O. Box 540186, Dallas, Texas 75354
To the Honorable Mayor and City Council
Anna Economic Development Corporation (hereinafter called "Owner")
Deadline for Submission of Sealed Competitive Bid: 3:00 p.m., July 6, 2017
Date of Sealed Bid Opening: 3:00 p.m., July 6, 2017
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of:
BUSINESS PARK WATER LINE
This project generally includes furnishing all labor, material, equipment, and performing
all work required for construction of approximately 2,400 linear feet of 12-inch waterline,
along with all appurtenances called for in the plans and specifications.
for the City of Anna Economic Development Corporation, having carefully examined the plans,
specifications, notice to bidders, invitation to bid and all other related contract documents and
the site of the proposed work, and being familiar with all of the conditions surrounding the
construction of the proposed project, including the availability of materials and labor, hereby
proposes to furnish all labor, materials, and supplies; and to construct the project in
accordance with the plans, specifications and contract documents, within the time set forth
therein and at the prices stated.
The Bidder binds himself on acceptance of his proposal to execute the Contract Agreement
and any required bonds, according to the accompanying forms, for performing and completing
the said work within the time stated and for the prices stated in Exhibit "A" of this proposal.
Bidder hereby agrees to commence the work on the above project within ten (10) days of
receipt of written "Notice to Proceed" and to fully complete the project within Forty -Five (45)
consecutive calendar days, thereafter as stipulated in the specifications and other contract
documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum
quoted below for each calendar day in excess of the time set forth hereinabove for completion
of this project, all as more fully set forth in the general conditions of the contract documents.
LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME: The time
of completion is of the essence for this project. For each day that any work shall
remain uncompleted after the time specified in the proposal and the Contract
Agreement, or the increased time granted by the OWNER, or as equitably
increased by additional work or materials ordered after the Contract Agreement
jAclerical\anna ed62017-116 business park w1\specs\contract\11-p&bs-1 doc
- 24 -
Proposal and Bid Form
Exhibit A
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.
jAclerical\anna edc\2017-116 business park w1\specs\contract\11-p&bs-1 doe
- 25 -
Proposal and Bid Form
Exhibit A
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.
jAclerical\anna edc\2017-116 business park w1\specs\contract\11-p&bs-1.doc - 26 - Proposal and Bid Fonn
Exhibit A
CITY OF ANNA, TEXAS
ECONOMIC DEVELOPMENT CORPORATION
Business Park Water Line
BID SCHEDULE
Item
Estimated
Price in
Extended
No.
Quantity
Unit
Description and Price in Words
Figures
Amount
Furnish & Install 12-Inch AWWA C905 PVC
1
2,500
L.F.
Water Line with Embedment by Open Cut
$ 43.20
$ 108,000.00
complete in place, the sum of
Forty -Three
Dollars
and Twenty
Cents per Linear Foot
Furnish & Install 24-Inch by 12-Inch Tapping
2
1
Ea.
Sleeve and Valve
$ 14,000.00
$ 14,000.00
complete in place, the sum of
Fourteen Thousand
Dollars
and No
Cents per Each
Furnish & Install 12-Inch R.S. Gate Valve with
3
4
Ea.
Valve Indicator Marker and Post
$ 2,000.00
$ 8,000.00
complete in place, the sum of
Two Thousand
Dollars
and No
Cents per Each
Furnish & Install 6-Inch Blow -Off Valve and
4
1
Ea.
Assembly
$ 3,500.00
$ 3,500.00
complete in place, the sum of
Three Thousand, Five Hundred
Dollars
and No
Cents per Each
5
40
S.Y.
Remove & Replace Gravel Pavement
$ 20.00
$ 800.00
complete in place, the sum of
Twenty
Dollars
and No
Cents per Square Yard
J:\CLERTCAL\Anna EDC\2017-116 Business Park WL\Specs\Contract\12-P&BS-2.xlsx - 27 - Proposal and Bid Form
Exhibit A
Item
Estimated
Price in
Extended
No.
I Quantity
I Unit
Description and Price in Words
Figures
Amount
6 1 L.S. Provide Trench Safety Plan $ 400.00 $ 400.00
complete in place, the sum of
Four Hundred
Dollars
and No
Cents per Lump Sum
7 2,500 L.F. Implement Trench Safety Systems $ 0.10 $ 250.00
complete in place, the sum of
No
Dollars
and Ten
Cents per Linear Foot
8 1 Ea. Furnish Erosion Control Plan $ 450.00 $ 450.00
complete in place, the sum of
Four Hundred Fifty
Dollars
and No
Cents per Each
Furnish, Install, Maintain & Remove Erosion
9 2,500 L.F. Control Measures $ 0.10 $ 250.00
complete in place, the sum of
No
Dollars
and Ten
Cents per Linear Foot
10
1 Ea. Furnish Project Sign $ 400.00 $ 400.00
complete in place, the sum of
Four Hundred
Dollars
and No
Cents per Each
TOTAL AMOUNT BID (Items 1 Through 10) $ 136,050.00
JACLERICAL\Anna EDC\2017-116 Business Park WL\Specs\Contract\12-P&BS-2 xlsx - 28 - Proposal and Bid Form
Exhibit A
BID PROPOSAL
FOR
BUSINESS PARK WATER LINE
Recapitulations
TOTAL BASE BID: $ 136,050.00
Notice of award will be mailed to the undersigned at the following addresses:
Saber Development Corporation
Contractor
Vvalt Hannon, Vice -President
Dallas, Texas
Principal Place of Business
(Corp. Seal if Bidder is Corporation)
Attest:
Signature
Secretary:
Signature
Robert E. Farrow
Print Name
Ed Farrow
Print Name
Acknowledgment is hereby made of receipt of the following Addenda, if any:
No. 1 Date: 7-3-2017
No. Date:
No. Date:
List Subcontracts (Company name, contact number and type of work):
None Foreseen
jAclerical\anna edc\2017-116 business park w1\specs\contract\13-p&bs-3.doc
-29-
Proposal and Bid Form
Exhibit A
REQUEST FOR CERTIFICATE OF EXEMPTION FROM TEXAS
LIMITED SALES, EXCISE AND USE TAX
Date:
TO: Anna Economic Development Corporation
Municipal Building
111 N. Powell Parkway
Anna, Texas 75409
RE: BUSINESS PARK WATER LINE
The undersigned Contractor hereby requests a Certificate of Exemption from the Texas
Limited Sales, Excise, and Use Tax in the amount of Sixty -Six Thousand, Two Hundred
Eleven Dollars and 00/100 ($66,211.00), 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.
Saber Development C
Company
By: Walt Hannon
(please print)
Signature:
Title: Vice -President
P.O. Box 540186
(Seal if a Corporation) Address
Dallas, Dallas County, Texas 75354
City, County, State and Zip
(214) 366-1300 (214) 366-1303
Telephone Fax
j:\clerical\anna edc\2017-116 business park w1\specs\contract\13-p&bs-3 doe
-3U-
Proposal and Bid Form
Exhibit A
CONTRACT AGREEMENT
THIS BUSINESS PARK WATER LINE Contract (hereinafter this "Contract Agreement") entered
into this day of , 2017 by and between the ANNA ECONOMIC
DEVELOPMENT CORPORATION, TEXAS, a Texas municipal corporation, ("E.D.C.") and Saber
Development Corporation ("Contractor"), located at 2351 W. Northwest Hwy., Suite 1300, Dallas,
Texas 75220.
WITNESSETH:
WHEREAS, the E.D.C. wishes to contract for the project identified as County Road 290 Water
Line Relocation (the "Project"); and
WHEREAS, the Project shall include all work and activities necessary to complete the following
scope of work (hereinafter referenced as "Work"):
Business Park Water Line
in accordance with the Contract Documents as that term is defined herein; and
WHEREAS, the Contractor has represented to the E.D.C. 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 E.D.C. has relied upon the above representations by the Contractor; and
WHEREAS, the E.D.C.'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:
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;
Contract Agreement;
Bidders Bond;
Performance Bond;
Payment Bond;
Maintenance Bond;
Certificate of Insurance;
Notice to Proceed;
Any executed Change Orders;
Supplementary General Provisions; and,
Construction Exhibits and all other documents made available to bidder for his inspection,'
' If Exhibits are too bulky or cumbersome to be physically bound, they are to be considered incorporated by
reference into the aforementioned contract documents.
j Aclerical\anna edc\20 t 7-1 16 business park wl\specs\contract\ 14-contract agreement doc CA-1 Contract Agreement
Exhibit A
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 E.D.C., and any other amendments
executed by the E.D.C. 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 E.D.C. to execute the Contract and recognizing that the E.D.C. is relying thereon,
the Contractor, by executing the Contract, makes the following express representations to the E.D.C.:
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 E.D.C. 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.
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 E.D.C. 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;
jiclerical\anna edc\2017-116 business park w1\specs\contract\14-contract agreement,doc CA-2 Contract Agreement
Exhibit A
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 E.D.C. 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 E.D.C. 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 E.D.C., 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 E.D.C.
immediately upon discovery of same for resolution.
Section 4. CONTRACTOR'S PERFORMANCE
The Contractor shall perform all of the Work required, implied or reasonably inferable from the Contract
including, but not limited to, the following:
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
jAclerical\anna edc\2017-116 business park wkspecs\contract\14-contract agreement doe CA-3 Contract Agreement
Exhibit A
construction. Said items shall be submitted to the E.D.C., along with other required submittals
upon Completion of the Project, and receipt of same by the E.D.C. shall be a condition
precedent to final payment to the Contractor. The Contractor shall prepare and submit final as -
built drawings to the E.D.C..
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 Thirty (30)
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 E.D.C. 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 E.D.C., estimated at the time of executing the Contract.
When the E.D.C. reasonably believes that Substantial Completion will be inexcusably delayed,
the E.D.C. shall be entitled, but not required, to withhold from any amounts otherwise due the
Contractor an amount then believed by the E.D.C. 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 E.D.C. has withheld
payment, the E.D.C. 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 E.D.C.'s consulting architect/engineer or other appropriate independent contractor
or representative and approved by the E.D.C., the Project is at a level of completion in strict
compliance with the Contract such that the E.D.C. 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 E.D.C. so as to plan its Work in coordinated sequence with the work of the E.D.C., 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 E.D.C. 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 E.D.C., 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 E.D.C., 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
jAclerical\anna edc\2017-116 business park wl\specs\contract\14-contract agreement doe
CA-4 Contract Agreement
Exhibit A
at any tier, then the contract time shall be extended by Change Order for such reasonable time,
if any, as the E.D.C. 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 E.D.C., an adjustment shall
be made for any increase in the direct cost of performance of this contract (excluding
profit, extended home office overhead, incidental or consequential damages or
disruption damages) and the Contract modified in writing accordingly. The Contractor
must assert its right under this section by giving written notice to the City Manager
within10 calendar days of the beginning of a delay, obstruction, hindrance or interruption
by the E.D.C.. 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 E.D.C.. 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 E.D.C., not more than 10
calendar days from the beginning of the delay. The notice shall indicate the cause of
delay upon the progress of Work. If the cause of the delay is continuing, the Contractor
must give such written notice every 10 calendar days. Within 10 calendar days after the
elimination of any such delay, the Contractor shall submit further documentation of the
delay and a formal Change Order request for an extension of time for such delay.
(3) The written request for a time extension shall state the cause of the delay, the number of
calendar days extension requested, and such analysis and other documentation as is
reasonably requested by the E.D.C. 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 E.D.C. if such delays or hindrances are within the E.D.C.'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 E.D.C. and which the E.D.C. fails to cure after a reasonable period after written
notice.
(5) Without limitation, the E.D.C.'s exercise of its rights under provisions related to changes
to the Work, regardless of the extent or number of such changes, or the E.D.C.'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.
jAclerical\anna edc\2017-116 business park wl\specs\contract\14-contract agreement. doe CA-5
Contract Agreement
Exhibit A
Section 6. FIXED PRICE AND CONTRACT PAYMENTS
6.01 The E.D.C. 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 $136,050.00. The
price set forth in this Section 6.01 shall constitute the Contract Price, which shall not be
modified except by Change Order or adjustment pursuant to approved unit prices, if any, as
provided in the Contract.
6.02 The E.D.C. 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 E.D.C.. 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 E.D.C.), less
the total amount of previous payments received from the E.D.C.. Payment for materials
stored offsite shall be at the discretion of the E.D.C. 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 E.D.C.,
and that materials have been purchased and paid for by the Contractor (copies of paid
invoices must be submitted to the E.D.C. 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 E.D.C., retainage may be reduced to 5% plus an additional amount as
detailed in Section 6.06 below for any part of the Work that is defective or non-
conforming and in Section 5.02 above for anticipated liquidated damages.
(2) Amounts reflected in Change Orders may be included in Payment Requests to the
extent they are not in dispute and subject to final approval of cost to the E.D.C. for such
changes in the work.
(3) Each Payment Request shall be signed by the Contractor and shall constitute the
Contractor's representation that the quantity of Work has reached the level for which
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 E.D.C. 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 E.D.C.
less such amounts, if any, otherwise owing by the Contractor to the E.D.C. or which the
E.D.C. shall have the right to withhold as authorized by the Contract, subject to approval
by the E.D.C.. Approval of the Contractor's Payment Requests shall not preclude the
E.D.C. 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 E.D.C. has previously paid is free
and clear of any lien, claim, or other encumbrance of any person whatsoever. As a
jAclericakanna edc\2017-116 business park w1\specs\contract\14-contract agreement, due CA-6 Contract Agreement
Exhibit A
condition precedent to payment, the Contractor shall, if required by the E.D.C., also
furnish to the E.D.C. properly executed waivers of lien or claim, in a form acceptable to
the E.D.C., 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 E.D.C..
6.03 When payment is received from the E.D.C., 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 E.D.C. becomes informed that the Contractor has
not paid a subcontractor, material man, laborer, or supplier as provided herein, the E.D.C. 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 E.D.C. 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
E.D.C., 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 E.D.C. 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
E.D.C., nor any other act or omission by the E.D.C. 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 E.D.C. shall have
the right to refuse to make payment, in whole or in part, and, if necessary, may demand the
return of a portion or all of the amount previously paid to the Contractor due to:
(1) The quality of a portion, or all, of the Contractor's work not being in accordance with the
requirements of the Contract;
(2) The quantity of the Contractor's work not being as represented in the Contractor's
Payment Request, or otherwise;
(3) The Contractor's rate of progress being such that, in the opinion of the E.D.C.,
Substantial Completion may be inexcusably delayed;
(4) The Contractor's failure to use Contract funds, previously paid the Contractor by the
E.D.C., 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 E.D.C. 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 E.D.C., after
written notice and a reasonable opportunity to cure as set forth above.
jicIcrical\anna edc\2017-116 business park wl\specs\con tract\ 14-contract agreement. doe
CA-7 Contract Agreement
Exhibit A
In the event that the E.D.C. makes written demand upon the Contractor for amounts previously
paid by the E.D.C. as contemplated in this Section 6.05, the Contractor shall promptly comply
with such demand. The E.D.C.'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 E.D.C. in writing and shall furnish a listing of those matters, if any, yet to be
finished. The E.D.C. will thereupon conduct a site review to confirm that the Project is in fact
substantially complete. If the E.D.C., 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
E.D.C. 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 E.D.C. 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 E.D.C.,
incurred for the E.D.C. 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 E.D.C. 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 E.D.C. 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 E.D.C. 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 E.D.C. thereof in writing. Thereupon, the E.D.C. will perform a final site review of the
Project. If the E.D.C. concurs that the Project is complete in full accordance with the Contract
and that the Contractor has performed all of its obligations to the E.D.C. hereunder, the
Contractor will furnish a final Approval for Payment to the E.D.C. certifying to the E.D.C. that the
Project is complete and the Contractor is entitled to the remainder of the unpaid Contract Price,
less any amount withheld pursuant to the Contract. If the E.D.C. 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 E.D.C. from
the Contractor's final payment;
6.08 The E.D.C. 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 E.D.C. has exercised any of its rights to investigate or remove.
Section 7. INFORMATION AND MATERIAL SUPPLIED BY THE E.D.C.
7.01 The E.D.C. 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 E.D.C. and for no
other purpose. By furnishing such material, the E.D.C. does not represent, warrant, or
guarantee its accuracy either in whole, in part, implicitly or explicitly, or at all.
jAcIcrical\anna edc\2017-116 business park wl\specs\con tract\ 14-contract agreement. doc CA-8 Contract Agreement
Exhibit A
7.02 Differing site conditions. The Contractor shall promptly, and before such conditions are
disturbed, notify the E.D.C. 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
E.D.C. 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 E.D.C. 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 E.D.C.. In the event the E.D.C. issues such instructions to cease and desist,
the Contractor must, within seven calendar days of receipt of the E.D.C.'s instructions, provide a
written, verified plan to eliminate or correct the cause of the E.D.C.'s order, which plan appears
to the E.D.C. 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 E.D.C. 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 E.D.C. performing such work, which costs may
be withheld from amounts due to the Contractor from the E.D.C.. The rights set forth herein are
in addition to, and without prejudice to, any other rights or remedies the E.D.C. may have
against the Contractor. If Work completed by the E.D.C. or other contractor affects, relates to, is
to be attached onto or extended by later Work of the Contractor, the Contractor shall, prior to
proceeding with the later Work, and to the extent visible, report any apparent defects or
variance from the Contract requirements which would render the Contractor's later Work not in
compliance with the Contract requirements or defective or not in compliance with warranties or
other obligations of the Contractor hereunder.
8.02 The provisions of this section shall be in addition to the E.D.C.'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 E.D.C.:
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 E.D.C., the Contractor shall
be responsible for such work and shall correct same bearing the costs set forth in Section 3.08
above.
j \clericakanna cdc\2017-116 business park w1\specs\contract\14-contract agreement.doc CA-9 Contract Agreement
Exhibit A
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 capaE.D.C. of the E.D.C.'s independent contractor as to all work it
performs under the Contract, and not as an agent, employee, or representative of the E.D.C.;
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
Ray Vargas
Juan Hernandez
FUNCTION
Superintendent
Foreman
If at any time the E.D.C. reasonably determines that any employee of the Contractor is
not properly performing the Work in the best interest of the E.D.C. or the Project, or is
hindering the progress of the Work, or is otherwise objectionable, the E.D.C. shall so
notify the Contractor, which shall replace the employee as soon as possible, at no
increased cost to the E.D.C..
9.07 The Contractor must submit to the E.D.C. the Contractor's schedule for completing the work
prior to submittal of the first application for payment. The E.D.C. 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
j:\clerical\anna edc\2017-1 16 business park wl\specs\contract\] 4-contract agreement doc
CA-10
Contract Agreement
Exhibit A
time to time and shall apply to the total project. Each such revision shall be furnished to the
E.D.C.. 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 E.D.C. 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 E.D.C. 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 E.D.C. 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 E.D.C. 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 E.D.C. 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 E.D.C..
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 E.D.C. may complete the cleanup, by its own forces or by separate contract, and shall
be entitled to charge the Contractor for same through the collection or withholding of funds
through the mechanisms provided elsewhere in this Contract Agreement;
9.11 At all times relevant to the Contract, the Contractor shall permit the E.D.C. 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 E.D.C. 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 E.D.C. and other contractors hired by
the E.D.C.. 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 E.D.C., 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 E.D.C. and members of the public, the Work itself and
unassembled components thereof, and other property at the site or adjacent thereto. As
jAclerical\anna edc\2017-116 business park wl\specs\contract\I4-contract agreement.doc CA-11 Contract Agreement
Exhibit A
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 E.D.C., 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 E.D.C. 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 E.D.C. 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 E.D.C. 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 E.D.C. 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 E.D.C. 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 E.D.C..
9.14 The Contractor warrants to the Owner that materials and equipment furnished under the
Contract are of good quality and new unless otherwise required or permitted under the Contract
Documents, that the Work will be free from defects not inherent in the quality required or
permitted, and that the Work will conform to the requirements of the Contract Documents. Work
not conforming to these requirements, including substitutions not properly approved and
authorized, may be considered defective. The Contractor's warranty excludes remedy for
damage or defect caused by abuse, modifications not executed by the Contractor, improper or
insufficient maintenance, improper operation, or normal wear and tear and normal usage. If
required by the Owner, the Contractor shall furnish satisfactory evidence as to the kind and
quality of materials and equipment.
Section 10. INDEMNITY
Except for expenses or liabilities arising from the negligence of the E.D.C., the Contractor
hereby exRfessly agrees to indernnifV and hold the E.D.C. harmless against any and all
expenses and liabilities arising out of the performance or default of the Contract as follows:
10.01 Contractor shall indemnifV, and hold harmless to the maximum extent permitted by law,
E.D.C. and its officers agents, employees, and consultants from and against any and all
liability, damages, losses whether in contract or in tortincluding personal inmu
accidental death or property damage, and regardless, of whether the allegations are
false fraudulent or groundless and costs(including reasonable attorne '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.
jAclerical\anna cdc\2017-116 business park w1\specs\contract\14-contract agreement do CA-12 Contract Agreement
Exhibit A
10.02 Contractor's obliqation to indemnifv. defend and hold harmless shall remain in effect and
small be bindinq upon Contractor whether such inoury 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 E.D.C. may immediately terminate or suspend this Contract
Agreement.
Section 11. CLAIMS BY THE CONTRACTOR
Claims by the Contractor against the E.D.C., 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 E.D.C. shall be initiated by a written claim submitted to the
E.D.C.. Notice of such claim shall be received by the E.D.C. 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 E.D.C. within 30 calendar days after notice
has been received;
11.02 The Contractor and the E.D.C. 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 E.D.C., 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 E.D.C.,
unless extended by written agreement of the parties. As a condition precedent to the E.D.C.
having any liability to the Contractor due to concealed and unknown conditions, the Contractor
must give the E.D.C. written notice of, and an opportunity to observe, such condition prior to
disturbing it. The failure by the Contractor to give the written notice and make the claim as
provided by this Section 11.03 and as required elsewhere under the Contract shall constitute a
waiver by the Contractor of any rights arising out of or relating to such concealed and unknown
condition;
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 E.D.C. 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 E.D.C. that would result in
compensation in excess of the Contract Price, any liability of the E.D.C. 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 E.D.C. in writing,
those parties required to be listed on the proposal form as subcontractors on the Project. Any
jAc I ericakanna edc\2017-1 16 business park wl\specs\contract\14-contract agreement doc CA-13
Contract Agreement
Exhibit A
changes to this list at any time shall be subject to the prior approval of the E.D.C.. The E.D.C.
shall, in writing, state any objections the E.D.C. may have to one or more of such
subcontractors. The Contractor shall not enter into a subcontract with an intended subcontractor
to whom the E.D.C. objects. If at any time the E.D.C. objects to a subcontractor, the Contractor
shall solicit proposals from potential replacements and shall submit the three lowest proposals
to the E.D.C., 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 E.D.C. 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
E.D.C., contingent upon the termination of the Contract for default or convenience as provided
herein, and only as to those subcontracts which the E.D.C. 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 E.D.C. 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 E.D.C., at the E.D.C.'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 E.D.C. 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 E.D.C.
personnel other than the City Manager's expressly authorized designee(s).
13.02 One or more changes to the work within the general scope of the Contract, may be ordered by
Change Order. The E.D.C. 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 E.D.C. 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 E.D.C. 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
jAclerical\anna edc\2017-116 business park wl\specs\contract\ 14-contract agreement doc CA-14 Contract Agreement
Exhibit A
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 E.D.C., 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 E.D.C. 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 E.D.C. 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 E.D.C. requires.
The Contractor shall promptly submit such documentation and other supporting materials as the
E.D.C. may require in evaluating the actual costs incurred or to be incurred.
13.05 The execution of a Change Order by the Contractor shall constitute conclusive evidence of the
Contractor's agreement to the ordered changes in the work, the Contract as thus amended, the
Contract Price and the time for performance by the Contractor, regardless of the nature, amount
or extent of the changes. The Contractor, by executing the Change Order, waives and forever
releases any claim against the E.D.C. 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 E.D.C.,
the Contractor's surety or by law. The Contractor's execution of the Change order shall
constitute the Contractor's warranty to the E.D.C. 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.
jAclerical\anna edc\2017-116 business park wl\specs\contract\14-contract agreement doe CA-15 Contract Agreement
Exhibit A
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.
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
Owned Equipment For equipment owned by the Contractor, actually used in Change Order work including sales tax, or any
related business entity, regardless of whether Contractor leases such equipment from the related business entity, the cost
shall be the lesser of (i) the Contractor's actual ownership cost, or (ii) 85% of the applicable ownership cost listed in the most
recent edition of the Contractor's Equipment Cost Guide, published by Dataquest.
Third Party Rental Equipment For equipment actually rented by the Contractor, actually used in Change Order work
including sales tax, from an unrelated third party, the cost shall be the lesser of (i) the Contractor's actual rental cost, or (ii)
85% of the applicable equipment rates based on the most recent edition of the Rental Rate Bluebook for Construction
published by Dataquest A reasonable rental cost shall be allowed as determined by the City Manager or the City Manager's
designee when machinery and construction equipment not so listed is required.
jAclerical\anna edc\2017-116 business park w1\specs\contract\14-contract agreement doe CA-16 Contract Agreement
Exhibit A
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 E.D.C., such work shall be uncovered and displayed for
review by the E.D.C. and/or its consultants upon request, and shall be reworked at no cost in
time or money to the E.D.C..
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 E.D.C., be uncovered and displayed for the E.D.C. 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 E.D.C..
Otherwise, such costs shall be borne by the Contractor.
14.03 The Contractor shall, at no cost in time or money to the E.D.C., correct work rejected by the
E.D.C. as defective or failing to conform to the Contract. Additionally, the Contractor shall
reimburse the E.D.C. 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 E.D.C., 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 E.D.C..
14.06 The E.D.C. 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 E.D.C. for the acceptance of defective or nonconforming work, the
Contractor shall, upon written demand from the E.D.C., pay the E.D.C. 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 E.D.C. 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 E.D.C. agrees that the correction will require
more than 10 calendar days to correct.
Section 15. E.D.C.'S RIGHT TO SUSPEND CONTRACTOR'S PERFORMANCE
15.01 In addition to the E.D.C.'s rights under Section 8 and elsewhere in this Contract Agreement, the
E.D.C. 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 E.D.C.. If any such suspension is
directed by the E.D.C., the Contractor shall immediately comply with same.
15.02 In the event the E.D.C. directs a suspension of performance under this section, through no fault
of the Contractor, if the suspension is lifted other than by Termination, the E.D.C. shall pay the
Contractor as full compensation for such suspension the Contractor's ordinary and reasonable
costs, actually incurred and paid, of:
j Aderical\anna edc\2017-116 business park wl\specs\contract\I4-contract agreement. doc CA-17 Contract Agreement
Exhibit A
(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 E.D.C. 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 E.D.C. 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 E.D.C.'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 E.D.C.
The E.D.C. may terminate the Contract in accordance with the following terms and conditions:
16.01 Termination for Convenience. The E.D.C. may, when in the interests of the E.D.C., terminate
performance under the Contract by the Contractor, in whole or in part, for the convenience of
the E.D.C.. The E.D.C. 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 of subcontracts and orders. The E.D.C. may direct the Contractor to assign the
Contractor's right, title and interest under termination orders or subcontracts to the E.D.C. or its
designee. The Contractor shall transfer title and deliver to the E.D.C. 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 E.D.C. specifying the amounts
due because of the termination for convenience together with costs, pricing or other data
required by the E.D.C.. If the Contractor fails to file a termination claim within six months
from the effective date of termination, the E.D.C. 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:
jAclerical\anna edc\2017-116 business park w1\specs\contract\14-contract agreement.doc CA-18 Contract Agreement
Exhibit A
(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 E.D.C.'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 E.D.C., 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 E.D.C.'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
hereunder, remains after the cost to the E.D.C. of completing the work, including all costs and
expenses of every nature incurred, has been deducted by the E.D.C., such remainder shall
belong to the Contractor. Otherwise, the Contractor shall pay and make whole the E.D.C. 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 E.D.C. 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 E.D.C. 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 E.D.C.'s rights under this Section shall be in addition to those contained elsewhere herein
or provided by law.
jAclerical\anna edc\2017-116 business park wl\specs\con tract\ 14-con tract agreement doc CA-19 Contract Agreement
Exhibit A
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 E.D.C., 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
E.D.C. has been provided to, and approved by, E.D.C.. An appropriate Certificate of Insurance
shall be satisfactory evidence of insurance. Until such insurance is no longer required by the
Contract, Contractor shall provide E.D.C. with renewal or replacement evidence of insurance at
least 30 days prior to the expiration or termination of such insurance.
17.03 Workers' Compensation/Employer's Liability Insurance
Worker's Compensation Insurance in accordance with statutory requirements, and Employers'
Liability Insurance with limits of not less than $1,000,000 for each accident.
General Liability Insurance
Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000
for each occurrence and not less than $1,000,000 in the aggregate, and with property damage
limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the
aggregate.
Automobile Liability Insurance
Automobile Liability Insurance with bodily injury limits of not less than $1,00,000 for each person
and not less than $1,000,000 for each accident, and with property damage limits of not less than
$1,000,000 for each accident.
17.04 Contractor shall furnish insurance certificates or insurance policies at the E.D.C.'s request to
evidence such coverages. Except for workers compensation, the insurance policies shall name
the E.D.C. 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 E.D.C. 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 E.D.C. 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 E.D.C. the required certificate(s) of insurance and endorsement(s)
before E.D.C. 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 E.D.C. may immediately terminate or suspend this Contract
jAcIerical\anna edc\2017-1 16 business park M\specs\contract\14-contract agreement doe CA-20 Contract Agreement
Exhibit A
Agreement. In the event of any termination or suspension, E.D.C. may use the services of
another consultant or consultants, without E.D.C.'s incurring any liability to Contractor.
17.09 At its sole discretion, E.D.C. may obtain or renew Contractor insurance, and E.D.C. may pay all
or part of the premiums. Upon demand, Contractor shall repay E.D.C. all monies paid to obtain
or renew the insurance. E.D.C. may offset the cost of the premium against any monies due
Contractor from E.D.C..
17.10 The Contractor shall furnish to the E.D.C. 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 E.D.C. 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 E.D.C., upon the entire Work at the site to
the full replacement cost of the completed project. This coverage shall name E.D.C. 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 E.D.C. 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
E.D.C., 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 E.D.C. with
evidence satisfactory to the E.D.C., 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 E.D.C. 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
E.D.C. 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 E.D.C.. In such event, no further
jAcIcrical\anna edc\2017-116 business park wl\specs\contract\14-contract agreement doc CA-21 Contract Agreement
Exhibit A
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 E.D.C..
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 E.D.C.
for all bonds required by the E.D.C., or otherwise listed therein if the form of the Bond is not
prescribed by the E.D.C..
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 E.D.C. and/or its consultants for inspection and copying upon written request by the
E.D.C.. Furthermore, said documents shall be made available, upon request by the E.D.C., 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.
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 E.D.C..
Section 22. MISCELLANEOUS PROVISIONS
22.01 Construction Permits. The E.D.C. hereby agrees to waive the charge for a E.D.C.-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 E.D.C. 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 E.D.C. for any loss, cost
or expense incurred by, levied upon or billed to the E.D.C. as a result of Contractor's failure to
pay any tax of any type due in connection with this Contract Agreement. Contractor shall ensure
jAclerica I\anna edc\2017-116 business park w1\specs\contract\I4-contract agreement doc CA-22 Contract Agreement
Exhibit A
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 E.D.C.:
Anna Economic Development Corporation
Attn: City Manager
111 North Powell Parkway
P.O. Box 776
Anna, Texas 79406
If to the Contractor:
Saber Development Corp.
Attn: Mr. Walt Hannon
P.O. Box 540186
Dallas, Texas 75354
Phone: (214) 366-1300
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 E.D.C.'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.
jiclerica kanna edc\2017-116 business park w1\specs\contract\14-contract agreement.doc CA-23 Contract Agreement
Exhibit A
IN WITNESS WHEREOF, the Parties have executed this Contract Agreement under
their respective seals on the day and year first written above.
ANNA ECONOMIC DEVELOPMENT CORPORATION
Philip Sanders, City Manager
ATTEST.
Natha Wilkison, City Secretary
(SEAL)
SABER DEVELOPMENT CORPORATION (Contractor)
BY:
ATTEST:
SECRETARY
(SEAL)
Walt Hannon, Vice -President
jAclerical\arms edc\2017-116 business park wl\specs\contract\14-contract agreement.doc CA-24 Contract Agreement
Exhibit A
Bond No. N/A
BID BOND
The American Institute of Architects,
AIA Document No. A310 (February, 1970 Edition)
KNOW ALL MEN BY THESE PRESENTS, that we Saber t]eveiopment Corporation, P.0. Box 540186, Dallas, TX 75354
as Principal hereinafter called the Principal, and Hartford Fire Insurance Company
a corporation duly organized under the laws of the state of Connecticut as Surety, hereinafter called the Surety,
are held and firmly bound unto Anna Economic Development Coro.. 111 N. Powell Pkwy., Anna, TX 75409
as Obligee, hereinafter called the Obligee, in the stun of Five Percent of the Greatest Amount Bid
Dollars ($ 59i 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 Anna Business Park 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 material 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
sth
f
Witness
Witness
ORSC 21328 (5/97)
day of
2017
Sager Deveto meet Corporation
nci 1 (Seal)
Y
B :
Name/Title
Hartford Fire Insurance Company _
Surety (Seal)
By: C Iz.�b a'y, d
Charles K. "Hiller Attorncy in -Fact
Exhibit A
Direct Inquiries/Claims to,
THE HARTFORD
POWER OF ATTORNEY
Had Plaza
ne
HartfOne
ord, Co ticut 06155
Bond. Cla imsfo)thehartford.com
calf: 888-266.3488 or fax: 860.757-5835
Agency Name: SOUTHWEST ASSURANCE GROUP INC
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 46-507941
= Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut
Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Tndiana
0 Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut
Hartford Underwriters Insurance Company, a corporation duty organized under the laws of the State of Connecticut
0 Twin City Fire Insurance Company, a corporation duly organized under the laws ofthe Slate of Indiana
Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois
Q Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana
0 Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint
up to the amount of Unlimited :
Shannon Lewis, Charles K Miller, Jessica Montgomery, Clint Norris, Steven J Zinecker of
BEDFORD, Texas
their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have
caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
rrryr, �, }lvtrs!F tu•, K"wn
1974
i F '�?r�a:-� 1N� JfIN ��•�i�� . �'•,'�141NA• ./fM.1�' �' ..
/�- ?iv
John Gray, Assistant Secretary
STATE OF CONNECTICUT
Ss, Hartford
COUNTY OF HARTFORD
M Ross Fisher, Senior Vice President
On this 11th day of January, 2016, before me personally came M Ross Fisher, to me known, who being by me duly sworn, did depose
and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations
described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said
instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his
name thereto by like authority
Nora M Slrardco
• ' Notary Public
CERTIFICATE kly Commission Expires tvbuclr 31, 2019
1, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies, which is still in full force effective as of July fi , 2017
Signed and sealed at the City of Hartford,
�yy rya, �4rprrrr y �F.lt rsti� �t rev
• � � � •`K,p•Ibreil' a t,OA� �.�` L a/� a q
� r.. Inez � . �f • _a 7t • 's' e �
�+ ✓�+.rnrw,/', • r.qM► P �a. t0'i9 rf \�a7o�� � 14�4
• ♦ ..�:' •r �, i���� I•`t '� �+ noon' 'au.N• �: a
Kevin Heckman, Assistant Vice President
PUA+,il6
Exhibit A
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS, that Saber Development Corporation
(hereinafter called the Principal(s)), as Principal(s), and Hartford Fire Insurance Company
(hereinafter called the Surety(s)), as Surety(s), are held and firmly bound unto the ANNA
ECONOMIC DEVELOPMENT CORPORATION (hereinafter called the Obligee), in the amount
of Five Percent of Greatest Amount of Bid (5% G.A.B.), (an amount equal to five
percent of the Total Bid Price, including Cash Allowances and Alternate Bids, if any) lawful
money of the United States for the payment whereof, the said Principal and Surety bind
themselves, and their heirs, administrators, executors, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS, the Principal has submitted on or about this day a proposal offering to
perform the following project:
BUSINESS PARK WATER LINE
NOW, THEREFORE, if the said Principal's bid as stated in its proposal is accepted by
the City, and said Principal executes and returns to the City the number of original
counterparts of the Contract Agreement required by the City, on the forms prepared by the
City, for the work described herein and also executes and returns the same number of the
Performance, Payment and Maintenance Bonds (such bonds to be executed by a Corporate
Surety authorized by the State Board of Insurance to conduct insurance business in the State
of Texas, and having an underwriting limitation in at least the amount of the bond) in
connection with the work described herein, within the time specified, then this obligation shall
become null and void; otherwise it is to remain in full force and effect.
In the event that the Principal is unable to or fails to perform the obligations undertaken
herein, the undersigned Principal and Surety shall be liable to the City for the full amount of
this obligation which is hereby acknowledged as the amount of damages which will be suffered
by the City on account of the failure of such Principal to perform such obligations, the actual
amount of such damages being difficult to ascertain.
Notices required or permitted hereunder shall be in writing and shall be deemed
delivered when actually received or, if earlier, on the third day following deposit in a United
States Postal Service post office or receptacle, with proper postage affixed (certified mail,
return receipt requested), addressed to the respective other party at the address prescribed in
the Contract Documents, or at such other address as the receiving party may hereafter
prescribe by written notice to the sending party.
jAdericaRanna edc\2017-116 business park w1lspecslcontract115-1bonds.doc B-1 Bonds
Exhibit A
IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed
this instrument this day of , 20
Hartford Fire Insurance Company_
Surety
*By:
Saber Development Corporation
Principal
Print Name: Clint Norris Print Name: Walt Hannon
Title: Attorney -in -Fact Title: Vice -President
Address: 2350 Airport Frwy., Suite 202 Address: P.O. Box 540186
Bedford, Texas 76022 Dallas, Texas 75354
Phone/Fax: _(817) 329-7007 Phone/Fax: (214) 366-1300
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 Clint Norris, Attorney -in -Fact, an agent resident in Tarrant 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.
Hartford Fire Insurance Company
Surety
Print Name: Clint Norris
Address: 2350 Airport Frwy., Suite 202
Bedford, Texas 76022
Phone/Fax: __17) 329-7007
NOTE: If signed by an officer of the Surety Company, there must be on file a certified
extract from the by-laws showing that this person has authority to sign such
obligation. If signed by an Attorney -in -Fact, we must have a copy of the Power
of Attorney for our files, AND ATTACHED TO THIS BOND.
jAclerical\anna edc\2017-116 business park w1\specs\contract\15-bonds doc
B-2
Bonds
Exhibit A
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that Saber Development Corporation
(hereinafter called the Principal(s)), as Principal(s), and Hartford Fire Insurance Company
(hereinafter called the Surety(s)), as Surety(s), are held and firmly bound unto the ANNA
ECONOMIC DEVELOPMENT CORPORATION (hereinafter called the Obligee), in the amount
of One Hundred Thirt-Six Thousand. Fifty Dollars and No Cents ($136,050.00) lawful
money of the United States for the payment whereof, the said Principal and Surety bind
themselves, and their heirs, administrators, executors, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written Contract Agreement with the
Obligee, dated the day of , 2017, for the following project:
BUSINESS PARK 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.
jAdericakanna edc12017-116 business park w1lspecs\contract\15-bonds doc
B-3 Bonds
Exhibit A
IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed
this instrument this day of , 20
Hartford Fire Insurance Corn
Surety
*By:
Print Name: Clint Norris
Title: Attorney -in -Fact
Address: 2350 Airport Frwy., Suite 202
Bedford. Texas 76022
Phone/Fax: (817) 329-7007
Saber Development Corporation
Principal
Print Name: Walt Hannon
Title: Vice -President
Address: P.O. Box 540186
Dallas, Texas 75354
Phone/Fax: (214) 366-1300
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 Clint Norris, Attorney -in -Fact, an agent resident in Tarrant 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.
Hartford Fire Insurance Company
Surety
Print Name: Clint Norris
Address: 2350 Airport Frwy., Suite 202
Bedford, Texas 76022
Phone/Fax: (817) 329-7007
NOTE: If signed by an officer of the Surety Company, there must be on file a certified
extract from the by-laws showing that this person has authority to sign such
obligation. If signed by an Attorney -in -Fact, we must have a copy of the Power,
of Attorney for our files AND ATTACHED TO THIS BOND. -
jAclerical\anna edc\2017-116 business park w1\specs\contract\15-bonds doc B-4 Bonds
Exhibit A
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS, that Saber Development Corporation
(hereinafter called the Principal(s)) as Principal(s), and Hartford Fire Insurance Company
(hereinafter called the Surety(s)), as Surety(s), are held and firmly bound unto the ANNA
ECONOMIC DEVELOPMENT CORPORATION (hereinafter called the Obligee), in the amount
of One Hundred Thirty -Six Thousand. Fifty Dollars and No Cents ($136,050.00) lawful
money of the United States for the payment whereof, the said Principal and Surety bind
themselves, and their heirs, administrators, executors, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written Contract Agreement with the
Obligee, dated the day of 2017, for the:
BUSINESS PARK 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.
jlclerical\anna edc\2017-116 business park w1\specs\contract\15-bonds.doc B-5 Bonds
Exhibit A
IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed
this instrument this day of , 20
Hartford Fire Insurance Company
Surety
Y:
Print Name: Clint Norris
Title: Attorney -in -Fact
Address: 2350 Airport Frwy., Suite 202
Bedford, Texas 76022
Phone/Fax: (817) 329-7007
Saber Development Corp.
Principal
Print Name: Walt Hannon
Title: Vice -President
Address: P.O. Box 540186
Dallas, Texas 75354
Phone/Fax: _(214) 366-1300
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 Clint Norris, Attorney -in -Fact, an agent resident in Tarrant 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.
Hartford Fire Insurance Com
Surety
LIM
Print Name: Clint Norris
Address: 2350 Airport Frwy., Suite 202
Phone/Fax
Bedford, Texas 76022
(817) 329-7007
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 Attorne -in-Fact we must have a copy of the Power
of Attorney for our files, AND ATTACHED TO THIS BOND.
jAclerical\anna edc\2017-116 business park w1\specs\contract\15-bonds doc B-6 Bonds
Exhibit A
MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT Saber Development Corporation, as PRINCIPAL, and Hartford Fire Insurance
Company, a CORPORATION organized under the laws of State of Connecticut as
SURETIES, do hereby expressly acknowledge themselves to be held and bound to pay unto
the Anna Economic Development Corporation, a municipal corporation at Anna, Collin County,
Texas the sum of One Hundred Thirty -Six Thousand, Fifty Dollars and No Cents
($136,050.00) for the payment which sum well and truly to be made until said Anna Economic
Development Corporation 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 Saber Development Corporation.
the Contractor, did on , 20 enter into a written Contract
Agreement with the said Anna Economic Development Corporation to build and construct:
BUSINESS PARK WATER LINE
in the Anna Economic Development Corporation, Texas which Contract Agreement and the
Plans and Specifications therein mentioned adopted by the Anna Economic Development
Corporation, 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 ANNA ECONOMIC DEVELOPMENT CORPORATION 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
jAclerical\anna edc\2017-116 business park wllspecs\con1ract\15-bonds.doc B-7 Bonds
Exhibit A
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.
IN WITNESS WHEREOF, the said Saber Development Corporation (Contractor), has
caused these presents to be Hartford Fire Insurance Company (Surety Co.) executed by its
ATTORNEY -IN -FACT Clint Norris and the said ATTORNEY -IN -FACT Clint Norris
has hereunto set his hand this the day of 120
Hartford Fire Insurance Company
Surety
*By
Print Name: Clint Norris
Title: Attorney -in -Fact
Address: 2350 Airport Fnw y., Suite 202
Bedford, Texas 76022
Phone/Fax: (817) 329-7007
Saber Development Corporation
Principal
LM
Print Name: Walt Hannon
Title: Vice -President
Address: P.O. Box 540186
Dallas. Texas 75354
Phone/Fax: _ ?"4 366-1300
NOTE: If signed by an officer of the Suretv Comoanv. 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.
jAdericaRanna edc\2017-116 business park w1\specs\contract\15-bonds doc B-8 Bonds
ECONOMIC
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 4.
EDC Agenda
Staff Report
Meeting Date: 8/3/2017
Staff Contact. Jessica
Perkins
Consider/Discuss/Action regarding adopting a resolution approving a reimbursement
to Kirby Smith for costs associated with mowing portions of the Anna Business Park
property.
SUMMARY:
Kirby Smith contacted staff related to the tall grass and weeds at their future Anna
location in the Business Park. In order to do some preliminary work for their site
some mowing needed to be completed. They are seeking reimbursement for this
cost.
STAFF RECOMMENDATION:
Staff recommends you approve.
ATTACHMENTS:
Description Upload Date Type
res. reimburse 7/31 /2017 Resolution
ANNA ECONOMIC DEVELOPMENT CORPORATION
RESOLUTION NO.
A RESOLUTION OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION
APPROVING AND AUTHORIZING THE REIMBURSEMENT OF FUNDS TO KIRBY
SMITH AND/OR KSMI PROPERTIES FOR MOWING FOR A PORTION OF PROPERTY
KNOWN AS THE ANNA BUSINESS PARK PROPERTY
WHEREAS, the Anna Economic Development Corporation (the "EDC") wishes to
expend funds for the reimbursement of funds to Kirby Smith and/or KSMI Properties for
the cost of mowing a portion of the property known as the Anna Business Park
Property.
NOW THEREFORE, BE IT RESOLVED BY THE ANNA ECONOMIC DEVELOPMENT
CORPORATION, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Funding
The EDC hereby authorizes the Chief Administrative Officer to charge the EDC's
maintenance and building repair line item in the amount not to exceed $1500 for the
reimbursement of funds to Kirby Smith and/or KSMI Properties for the cost of mowing a
portion of the property known as the Anna Business Park Property.
PASSED AND APPROVED by the Anna Economic Development Corporation this
day of , 2017.
APPROVED:
ATTEST:
Connie Stump, EDC President Lauretta Blacketer, EDC Secretary
EDC OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1
ECONOMIC
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 5.
EDC Agenda
Staff Report
Meeting Date: 8/3/2017
Staff Contact. Jessica
Perkins
Update on signage for the building and monument sign for 312 N. Powell Parkway and
"for sale" sign for Anna Business Park property.
SUMMARY:
STAFF RECOMMENDATION:
ECONOMIC
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 6.
EDC Agenda
Staff Report
Meeting Date: 8/3/2017
Staff Contact. Jessica
Perkins
a. Deliberate regarding the purchase. exchange, lease or value of real
property (Tex. Gov't Code 551.072) 312 North Powell Parkway.
b. Consult with legal counsel 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);
c. Discuss or deliberate Economic Development Negotiations:
(1) To discuss or deliberate regarding commercial or financial information that the
Board of Directors has received from a business prospect that the Board of Directors
seeks to have locate, stay, or expand in or near the territory of the City of Anna and
with which the Board is conducting economic development negotiations; or
(2)To deliberate the offer of a financial or other incentive to a business
prospect described by subdivision (1). (Tex. Gov't Code 551.087) 312 North
Powell Parkway.
SUMMARY:
STAFF RECOMMENDATION:
ECONOMIC
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 7.
EDC Agenda
Staff Report
Meeting Date: 8/3/2017
Staff Contact. Jessica
Perkins
Consider/Discuss/Action regarding adopting a resolution approving the fiscal 2017-
2018 budget.
SUMMARY:
Staff will review the budget in detail during the meeting. However, the attached budget
is not deviated much from previous draft versions. The attached budget has been
reviewed by council.
STAFF RECOMMENDATION:
Staff recommends you approve.
ATTACHMENTS:
Description
res. fy 17-18 budget
exhibit EDC budget
Upload Date Type
7/31/2017 Resolution
7/31/2017 Backup Material
ANNA ECONOMIC DEVELOPMENT CORPORATION
RESOLUTION NO.
A RESOLUTION OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION
ADOPTING THE FY 2017-2018 FISCAL YEAR BUDGET
WHEREAS, to be effective October 1, 2017, the Anna Economic Development
Corporation (the "EDC") and subject to approval of the City of Anna City Council, the
Board of Directors of the EDC desires to approve and adopt the EDC budget for the
2017-18 fiscal year;
NOW THEREFORE, BE IT RESOLVED BY THE ANNA ECONOMIC DEVELOPMENT
CORPORATION, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Adoption of Fiscal Year 2017-18 Budget
The EDC Board of Directors hereby approves adopting the Anna Economic Development
Corporation 2017-2018 fiscal year budget as set forth in Exhibit A, attached hereto and
incorporated herein for all purposes as if set forth in full, subject to approval by the City
of Anna City Council.
PASSED AND APPROVED by the Anna Economic Development Corporation this
day of , 2017.
APPROVED:
Connie Stump, EDC President
ATTEST:
Lauretta Blacketer, EDC Secretary
EDC OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1
CITY OF ANNA
FUND DEPARTMENT DIVISION
90 ECONOMIC DEVELOPMENT
EDC 90 826E 826
CORPORATION
DETAILS
2016
2017
2017
2018
LINE ITEMS
/ CHANGE
ACTUAL
BUDGET
ESTIMATED
PROPOSED
6208 OFFICE SUPPLIES
$0
$350
$250
$0
-100.00%
$0
$0
Basic office supply needs
$250
$0
6209 OTHER SUPPLIES - MISC.
$842
$3,000
$1,500
$0
-100.00%
$0
$0
meals for meetings, coffee meetings,
$1,500
$0
lunches, office etc...
aerial maps
$0
$0
6210 CLOTHING SUPPLIES
$0
$700
$700
$0
-100.00%
$0
$0
Purchase new shirts after branding project
$700
$0
for board members, staff, CC
6212POSTAGE
$336
$50
$50
$0
-100.00%
$0
$0
stamps to pay bills, mailings for EDC
$50
$0
marketing etc..
SUPPLIES
$1,177
$4,100
$2,500
$0
-100.00%
6303 MAINT. AND REPAIR - BUILDINGS
$3,700
$4,730
$11,570
$10,000
111.42%
Cleaning Crew
$1,800
$2,640
Electricity
$2,400
$3,000
Gas atmos service
$800
$1,032
Internet service
$1,500
$1,704
Mlsc building Maintanence and Repairs - 312
$11,570
$10,000
N Powell
MOVE TO 6703 CONTRACT SERVICES
($5,130)
($5,970)
PEST CONTROL
MOWING
JANITORIAL
MOVE TO 6708 IT SERVICES
($1,500)
($1,704)
INTERNET SERVICE
MOVE TO UTILITIES
($3,200)
($4,032)
6780 ELECTRIC
6781 GAS
Mowing and Landscaping - 312 North Powell
$2,850
$2,850
Pest Control - 312 North Powell
$480
$480
water and trash service - moved
$0
$0
MAINTENANCE
$3,700
$4,730
$11,570
$10,000
111.42%
6703 CONTRACT SERVICES
Janitorial
Mowing and Landscaping - 312 North Powell
Pkwy
Pest Control
Professional Services (EDC salary, Fin, IT, City
Centric Planning, Funderburgh, Arch, entry
feature design)
$70,046 $48,300 $77,130 $30,970-35.88%
$1,800 $2,640
$2,850 $2,850
$480 $480
$72,000 $25,000
CITY OF ANNA
FUND DEPARTMENT DIVISION
90 ECONOMIC DEVELOPMENT
EDC 90 826E 826
CORPORATION
DETAILS
2016
2017
2017
2018
LINE ITEMS
/ CHANGE
ACTUAL
BUDGET
ESTIMATED
PROPOSED
6708 IT SUPPORT SERVICES
$0
$0
$1,500
$1,704
0.00%
Internet Service
$1,500
$1,704
6711 TRAVEL EXPENSE
$4,504
$6,800
$6,000
$0
-100.00%
$0
$0
ICSC Las Vegas (1600 per person)
$6,000
$0
ICSC Texas (650 per person)
$0
$0
misc. rental car, additional attendees,
$0
$0
TEDC (650 per person) Texas Economic
$0
$0
Development Annual conference
6721 EDUCATION AND TRAINING
$2,720
$3,300
$3,000
$0
-100.00%
$0
$0
ICSC Las Vegas (600 per person)
$2,000
$0
ICSC Texas (500 per person)
$450
$0
TEDC (550 per person) - Alonzo Tutson
$550
$0
6722 INSURANCE - PROPERTY AND LIABILITY
$1,200
$1,350
$1,350
$1,450
7.41%
TMIRP ID #74, EDC Building at 312 N Powell
$1,350
$1,450
6735 PROMOTION EXPENSE
$34,787
$37,500
$37,500
$0
-100.00%
Branding Project (moved from 6703 Per 1P
$10,000
$0
email 7/1/15) $14,500
Business Directory Map
$0
$0
GACC Banquet - EDC is the sole sponsor of
$5,000
$0
this event
GACC Glowfest
$8,000
$0
GACC July 4th
$8,000
$0
Misc Promo - print ads, other sponsorship
$6,500
$0
opportunities - marketing professional
6753 LEGAL EXPENSE
$7,323
$12,000
$12,000
$5,000
-58.33%
legalfees
$12,000
$5,000
6755 AUDIT EXPENSE
$2,149
$2,500
$3,000
$3,000
20.00%
CPA services - audit, 1099, form 990
$3,000
$3,000
6761 DUES, PUBLICATIONS, PERMITS AND LICENSES
$250
$0
$500
$0
0.00%
ICSC
$400
$0
Newspaper Publications
$100
$0
TEDC
$0
$0
6780 ELECTRICITY
$0
$0
$2,400
$3,000
0.00%
Electric for 312 N. Powell Pkwy
$2,400
$3,000
6781 GAS - NATURAL/PROPANE
$0
$0
$800
$1,032
0.00%
Gas Atmos Service for 312 N. Powell Pkwy
$800
$1,032
6782 CITY UTILITIES WATER/SEWER/TRASH
$745
$800
$1,950
$2,500
212.50%
CITY OF ANNA
FUND DEPARTMENT DIVISION
90 ECONOMIC DEVELOPMENT
EDC 90 826E 826
CORPORATION
DETAILS
2016
2017
2017
2018
LINE ITEMS
% CHANGE
ACTUAL
BUDGET
ESTIMATED
PROPOSED
Utilities for Old PO bldg 312 N Powell -
$1,950
$2,500
irrigation - $142 per month
water, sewer trash = $66 per month
6783 TELECOM
$0
$0
$0
$0
0.00%
6789 DEBT -SERVICE PRINCIPAL
$397,774
$0
$0
$0
0.00%
Business park purchase
$0
$0
6790 INTEREST EXPENSE
$4,667
$0
$0
$0
0.00%
Business park
$0
$0
Independent Bank Loan for 48 acre EDC
$0
$0
property
Southside Bank Loan for 312 N. Powell
$0
$0
6799 OTHER SERVICES - MISC.
$0
$0
$0
$0
0.00%
EDC part-time administrative assistant
$0
$0
SERVICES
$526,166
$112,550
$147,130
$48,656
-56.77%
6756 ENGINEERING
$0
$25,000
$25,000
$0
-100.00%
Engineering Consultant Tech Park
$25,000
$0
6931 LAND AND IMPROVEMENTS
$0
$0
$725,000
$0
0.00%
down payment on land
$725,000
$0
6941 OTHER CAPITAL EXPENDITURES
$50,000
$67,900
$187,650
$0
-100.00%
$0
$0
waterline or other infrastructure project for
$187,650
$0
the Anna Business Park
CAPITAL EXPENDITURES
$50,000
$92,900
$937,650
$0
-100.00%
TOTAL 826
$581,043
$214,280
$1,098,850
$58,656
-72.63%
CITY OF ANNA
FUND DEPARTMENT DIVISION
90 ECONOMIC DEVELOPMENT
EDC 90 826R 826
CORPORATION
DETAILS
2016
2017
2017
2018
LINE ITEMS
/ CHANGE
ACTUAL
BUDGET
ESTIMATED
PROPOSED
5225 SALES TAX REVENUE - GENERAL
$385,577
$375,000
$300,000
$0
-100.00%
FY 16 Anticipated sales tax revenue
$300,000
$0
5350 RENTAL
$12,500
$22,500
$18,882
$25,716
14.29%
IV agreement has been given a forbearance
$0
$0
on rent until Jan. 12017
Tenent in Old Post Office Bldg
$18,882
$25,716
IV - 1000
Biddle - 499
Wood - 449
Rodriguez - 150
5499 MISCELLANEOUS REVENUE
$47,030
$0
$0
$0
0.00%
$0
$0
5530 INTEREST REVENUE
$3,986
$1,500
$1,750
$650
-56.67%
interest
$1,750
$650
REVENUES
$449,094
$399,000
$320,632
$26,366
-93.39%
5853 OTHER FINANCIAL SOURCE FROM NOTES
$0
$0
$43,980
$45,480
0.00%
PAYABLE
Empowered Training Center agreement
$4,500
$6,000
payback
Nimbix performance agreement payback
$39,480
$39,480
OTHER SOURCE OF FUNDS
$0
$0
$43,980
$45,480
0.00%
TOTAL 826
$449,094
$399,000
$364,612
$71,846
-81.99%
ECONOMIC
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 8.
EDC Agenda
Staff Report
Meeting Date: 8/3/2017
Staff Contact. Jessica
Perkins
Consider/Discuss/Action regarding adopting the minutes from the July 7,2017
meeting.
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
-6-2017 EDC minutes 8/2/201 'i Backup Material
MINUTES OF REGULAR MEETING OF THE
ANNA ECONOMIC DEVELOPMENT CORPORATION
ECONOMIC Thursday, July 6, 2017
DEVELOPMENT
CORPORATION
The Anna Economic Development Corporation ("CDC") of the City of Anna met at 7:09 p.m.', on
Thursday, July 6, 2017, at the Anna City Hall Administration Building, 111 North Powell Parkway
(Hwy. 5), Anna, Texas.
1. Call to Order Roll Call and Establishment of Quorum
Connie Stump, President, called the meeting to order at 7:09 p.m., and after roll call and
the establishment of a quorum, the following items were presented to the Directors for
their consideration.
Directors in attendance: Doug Hermann, Brent Thomas, Connie Stump, Anthony
Richardson, Alonzo Tutson and Nate Pike
Directors in Abstention: James Gurski
A quorum was declared present and the floor was open for business.
Others in attendance: Clark McCoy, legal counsel for CDC; Jessica Perkins, Chief
Administrative Officer; and Lauretta Blacketer, secretary.
2. Invocation and Pledge
3. Citizen Comments — none
4. Consider/Discuss/Action approving a resolution amending resolution no.2017-03-
09 EDC to correct scrivener's error related to the expenditure of funds for a
monument sign for property located at 312 North Powell Parkway.
Doug Hermann made a motion to approve. Nate Pike seconded the motion.
Motion passed all.
5. Consider/Discuss/Action regarding approving a resolution authorizing the
expenditure of funds for identification and address letters for the front of the
Inc -Cube building located at 312 North Powell Parkway.
I NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same
time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the conclusion of the
meeting of the Anna Community Development Corporation.
IMPORANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation
reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered
necessary and legally justified under the Open Meetings Act. Disabled person who want to attend the meeting and 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.
07-06-2017 Reg EDC Meeting — Page 1
After a brief discussion, Connie Stump made a motion to approve and Alonzo
Tutson seconded the motion. All in favor. Motion passed.
6. Consider/Discuss/Action regarding approving a resolution authorizing a budget
amendment for fiscal year 2016-2017.
After a review of the budget, Anthony Richard made a motion to approve and Alonzo
Tutson seconded the motion. All in favor. Motion passed.
7. Closed Session (exceptions):
a. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex.
Gov't Code §551.072).
b. Discuss or deliberate Economic Development Negotiations:
(1) To discuss or deliberate regarding commercial or financial information that the
Board of Directors has received from a business prospect that the Board of
Directors seeks to have locate, stay, or expand in or near the territory of the City
of Anna and with which the Board is conducting economic development
negotiations; or
(2) To deliberate the offer of a financial or other incentive to a business prospect
described by subdivision (1) (Tex. Gov't Code §551.087); 312 North Powell
Parkway; Anna Business Park.
Skipped.
8. Discussion/Review of the proposed fiscal year 2017-2018 budget.
Staff presented the proposed line item budget. No action taken.
9. Consider/Discuss/Action regarding minutes from June 1, 2017
Motion made by Nate Pike to approve the minutes as written. Seconded by
Brent Thomas. Motion passed by all.
I NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same
time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the conclusion of the
meeting of the Anna Community Development Corporation.
IMPORANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation
reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered
necessary and legally justified under the Open Meetings Act. Disabled person who want to attend the meeting and 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.
07-06-2017 Reg EDC Meeting — Page 2
10. Adjourn.
Alonzo Tutson made a motion to adjourn the meeting. Anthony Richardson seconded the
motion and the meeting adjourned at 7:52 p.m.
APPROVED:
Connie Stump
President of EDC
ATTESTED:
Lauretta Blacketer
Secretary of EDC
I NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same
time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the conclusion of the
meeting of the Anna Community Development Corporation.
IMPORANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation
reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered
necessary and legally justified under the Open Meetings Act. Disabled person who want to attend the meeting and 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.
07-06-2017 Reg EDC Meeting — Page 3