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Home My WebLink About2-1-2018 EDC Agenda PacketAGENDA ANNA ECONOMIC DEVELOPMENT CORPORATION February 1, 2018 at 5:00 p.m.' ANNA CITY HALL ADMINISTRATION BUILDING, Orr=ntu,Ior; r 111 N. POWELL PKWY., ANNA, TEXAS cN The Anna Economic Development Corporation will conduct a meeting at 5:00 p.m.' on February 1, 2018, at the Anna City Hall Administration Building, 111 N. Powell Parkway, to consider the following items: 1. Call to Order. 2. Roll Call and Establishment of Quorum. 3. Consider/Discuss/Action regarding approving a resolution granting an underground Easement and ROW to Oncor Wire. 4. Consider/Discuss/Action regarding approving a resolution granting an above ground Easement and ROW to Oncor Wire. 5. Discussion regarding Landscape Architect Proposals for the median and entry feature for the Anna Business Park, 6. CLOSED SESSION (exceptions): a. Deliberate regarding the purchase, exchange, lease or value of real pI operty. (Tex. Gov't Code §551.072I possible property acquisition; possible land sale/purchase; 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 ' ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Community Development Corporation meets at the same time and place scheduled (or this meeting, then this meeting will be delayed and will begin immediately after the conclusion of the meeting of the Anna Community Development Corporation. IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation reserves the right to retire into executive session concerning any of Fhe 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. (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); Anna Business Park; Potential Economic Development Agreement, 7, Consider/Discuss/Action regarding approving the minutes from January I I, 2018. 8. 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 Janykry 29, 2018. 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 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 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. ECONOMIC DEVELOPMENT CORPORATION AGENDA ITEM: Item No. 3. EDC Agenda Staff Report MeetinV Date: Staff Contact: Perkins Consider/Discuss/Action regarding approving a resolution granting an underground Easement and ROW to Oncor Wire. SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description EDC Res. Oncor EDC Exhibit 2/1 /2018 Jessica Upload Date Type 1 /31 /2018 Resolution 1 /31 /2018 Backup Material RESOLUTION NO. -• �- �- 0- -0101 QUIM- -� WHEREAS, the Anna Economic Development Corporation (the "EDC") wishes to dedicate an easement to Oncor Wire for the placement of underground electrical and communication lines and an above ground down guy; and WHEREAS, the EDC intends that said easement is for utility purposes only. 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 Easement The EDC hereby authorizes the EDC's President to execute on its behalf as set forth in Exhibit A, an easement (the "Easement") along with any associated documents necessary to set forth an arrangement between the EDC and Oncor Wire. Authority to effectuate the Easement, said authorization to execute being subject to final review of the EDC's legal counsel and any necessary approval by the City of Anna City Council. PASSED AND APPROVED by the Anna Economic Development Corporation this day of , 2018. APPROVED: ATTEST: Connie Stump ,EDC President Lauretta Blacketer, EDC Secretary EDC OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1 EPT # 2017-4955 District: McKinney W R #: 3362498 ER # EASEMENT AND RIGHT OF WAY STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN § That1 Anna Economic Development Corporation, a Type A Development corporation, and Anna Community Development Corporation, a Type B Development corporation, hereinafter called "Grantor", whether one or more, for and in consideration of Ten Dollars ($10.00) and other valuable consideration to Grantor in hand paid by Oncor Electric Delivery Company LLC, a Delaware limited liability company, 1616 Woodall Rodgers Freeway, Dallas, Texas 75202-1234, hereinafter referred to as "Grantee", has granted, sold and conveyed and by these presents does grant, sell and convey unto said Grantee, its successors and assigns, an easement and right-of-way for underground electric supply and communications lines; and other underground facilities consisting of: a variable number of wires -and, cables, i UrfaGe mop anted equipment, and conduits manhelevaults, trap formers SWItnhes nrotontion under, aGFE)S-s; and upeR Grantor's land described as follows: SEE EXHIBIT "A" (ATTACHED) _ .■:r.�n:rrsta _ _ r r MUM Together with the right of ingress and egress along and upon said easement one for the purpose of and with the right to construct, maintain, operate, repair, remove, replace, reconstruct, abandon in place, and to change the size and capacity of said facilities; the right to relocate said facilities in the same relative direction of said facilities within said easement; the right to relocate said facilities in the same relative position to any adjacent road if and as such is widened in the future; the Fight to ease W Fe spaGe for the purpose ef permitting ethers te string er lay wore er Gable along s requiring relocation of such facilities; the right to prevent excavation within the easement area; the right to prevent construction of, within the easement area, any and all buildings, structures or other obstructions which, in the sole judgment of Grantee, may endanger or interfere with the efficiency, safety, and/or convenient operation of said facilities and their appurtenances and the right to trim or remove trees or shrubbery within, but not limited to said easement area, including by use of herbicides or other similar chemicals approved by the U.S. Environmental Protection Agency, to the extent in the sole judgment of Grantee, as may be necessary to prevent possible interference with the operation of said facilities or to remove possible hazard thereto. Grantor shall not make changes in grade, elevation or contour of the land or impound water within the easement area as described above without prior written consent of Grantee. Grantor reserves the right to use the land within the above described easement area for purposes not inconsistent with Grantee's use of such property, provided such use shall feet -ire the solo judgment of GFaRtoe,not unreasonably interfere with the exercise by Grantee of the rights hereby granted. TO HAVE AND TO HOLD the above described easement unto the said Grantee, its successors and assigns, until all of said electric lines and facilities shall be abandoned, and in that event said easement shall cease and all rights herein granted shall terminate and revert to Grantor or Grantor's heirs, successors or assigns. And it does herby bind itself, its successors, legal representatives, and assigns, to warrant and forever defend all and singular the above described easement and rights unto said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under Grantor, its successors, legal representatives, or assigns, but not otherwise. EXECUTED this day of , 28-'I-�2018. GRANTOR: Anna Economic Development Corporation, a Type A Development corporation By: Connie Stump, President Anna Community Development Corporation, a Type B Development corporation By: Alonzo Tutson, President STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared Connie Stump, President of Anna Economic Development Corporation, a Type A Development corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2018. Notary Public in and for the State of Texas STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared Alonzo Tutson, President of Anna Community Development Corporation, a Type B Development corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. 2018. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of Notary Public in and for the State of Texas PAGE 1 of 3 JOB No. 3362488 EXHIBIT "A" ONCOR ELECTRIC DELIVERY COMPANY, LLC 15' EASEMENT BEING a ONCOR Electric Delivery Company, LLC easement situated in the D.E.W. Babb Survey, Abstract No. 33, Collin County, Texas, and being a part of that same tract of land as described in Special Warranty Deed to the Anna Economic Development Corporation recorded under Clerk's File No. 20170103000004800 in the Deed Records of Collin County, Texas, (DRCCT), and being more particularly described as follows: BEGINNING at a point the east line of a tract of land as described in deed to the Dallas Area Rapid Transit recorded under Clerk's File No. 2001-0078323 DRCCT, from which a 3/&inch iron found at the intersection of County Road 421 with the east line of said Dallas Area Rapid Transit tract bears North 18 Degrees 43 Minutes 52 Seconds East, 36.78 feet; THENCE South $9 Degrees 11 Minutes 20 Seconds East, departing the east line of said Dallas Area Rapid Transit tract, at all times remaining 35.00 feet south of and parallel to the north line of said Anna Economic Development Corporation tract, 1762.74 feet to a point in the in the calculated east line of said Anna Economic Development Corporation tract and the westerly line of a tract of land as described in Special Warranty Deed with Vendor's Lien to Harlan Properties, Inc. recorded under Clerk's File No. Z0121228001650300 DRCCT; THENCE South 11 Degrees 33 Minutes 41 Seconds East, along the east line of said Anna Economic Development Corporation tract and westerly line of said Harlan Properties tract and, 15.36 feet; THENCE North 89 Degrees 11 Minutes 20 Seconds West, departing the east line of said Anna Economic Development Corporation tract, at all times remaining 50.00 feet south of and paralle( to the north line of said Anna Economic Development Corporation tract, 1770,88 feet to a point in the east line of said Dallas Area Rapid Transit tract; THENCE North 18 Degrees 43 Minutes 52 Seconds East, along the east line of said Dallas Area Rapid Transit tract, 15.76 feet to the POINT of BEGINNING and containing 0.609 acre of land. Brad Sparf Registered Professional Land Surveyor No. 3701 P,r#iR i) B�� Sparr Surveys 3701 ,, = 2553 County Road 722 ' s00*** McKinney, Q Mcnney, TX 75069 �URV� (214) 544-2297 EXHIBIT A Page 2 of 3 N 0) r o a Ea c z° 30dd 3Nn Zn z 30 ed 1401 bW t-, N y Ou Q 00 (I 6 �jc �e ��U u 4r av E Lu yOct Q Lu NIIII �' s rs In mU iV ~ 7 0 w WlI3 kJ �M 0I (0 n E [ w vi !� w Q I I iV. Zta^ z Ws V ftt0 �Zp O ~ Nco v� iwon n z co II �^ mom( w M < YY Z az ' wy 4\ Vj W k W �n W Z U Lj �z O r{I 5 2 O Z �� (•+ N C1C m op j �+ CL m .cis 09�N ¢o a :e sd'P 1 O a O Odd ,slral`' o b� b�bb w sby��o a N N 00 I M ^ N M d v z MOMMIOUl EXHIBIT A Page 3 of 3 A� c O W O h NI` r O �F4 z° p CJ 'n O ui w 04 �2� N[v cn CN V1 a) N c v ra Q(3 >,, u O N oa a b ia� 0 E OU LA 1 z 1 1;9 W c�c fn a is F Lj:2 V'M yW� M' Xjy 9 �Q En 2 o II ZAP N �Wain p"q Clm c, im cV O ,� <Z3 tn w .n- ~ y� NNW O L V Z 4 W W Jxz" o O WI13 �a wC'a W N " ^ar �j U O cV V)iiz v� CD Ck ilWou o 0 I("'q oo 0 co rz f 30Vd 3N13 o o a uo G�i N N N N O it M � a I �— N t� d o z o 0 ECONOMIC DEVELOPMENT CORPORATION AGENDA ITEM: Item No. 4. EDC Agenda Staff Report Meeting Date: 2/1 /2018 Staff Contact. Jessica Perkins Consider/Discuss/Action regarding approving a resolution granting an above ground Easement and ROW to Oncor Wire. SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description EDC Res. Oncor 2 EDC Exhibit A 2 Upload Date 1 /31 /2018 1/31/2018 Type Resolution Backup Material RESOLUTION NO. i • - • • • • • WHEREAS, the Anna Economic Development Corporation (the "EDC") wishes to dedicate an easement to Oncor Wire for the placement of underground electrical and communication lines and an above ground down guy; and WHEREAS, the EDC intends that said easement is for utility purposes only. w*ORPORATION, 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 Easement The EDC hereby authorizes the EDC's President to execute on its behalf as set forth in Exhibit A, an easement (the "Easement") along with any associated documents necessary to set forth an arrangement between the EDC and Oncor Wire. Authority to effectuate the Easement, said authorization to execute being subject to final review of the EDC's legal counsel and any necessary approval by the City of Anna City Council. PASSED AND APPROVED by the Anna Economic Development Corporation this day of , 2018. APPROVED: ATTEST: Connie Stump ,EDC President l_auretta Blacketer, EDC Secretary EDC OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1 EPT # 2017-4956 District: McKinney W R #: 3362498 ER # EASEMENT AND RIGHT OF WAY STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS. COUNTY OF COLLIN § That, Anna Economic Development Corporation, a Type A Development corporation, and Anna Community Development Corporation, a Type B Development corporation, hereinafter called "Grantor", whether one or more, for and in consideration of Ten Dollars ($10.00) and other valuable consideration to Grantor in hand paid by Oncor Electric Delivery Company LLC, a Delaware limited liability company, 1616 Woodall Rodgers Freeway, Dallas, Texas 75202-1234, hereinafter referred to as "Grantee", has granted, sold and conveyed and by these presents does grant, sell and convey unto said Grantee, its successors and assigns, an easement and right-of-way for everhead andier underground electric supply and communications lines and other underground facilities, consisting of: a variable number of wires, arcables, s_ rF.arUe. m^_ n+ed ^auTpm°pA,and conduits, manholes, v witstrans04 formers cwi+rhoc under, aGr^ and „pen Grantor's land described as follows: SEE EXHIBIT "A" (ATTACHED) - 01160NATA AAV_l am Together with the right of ingress and egress along and upon said easement one for the purpose of and with the right to construct, maintain, operate, repair, remove, replace, reconstruct, abandon in place, and to change the size and capacity of said facilities; the right to relocate said facilities in the same relative direction of said facilities within said easement; the right to relocate said facilities in the same relative position to any adjacent road if and as such is widened in the future requiring relocation of such facilities; the right te lease wire spaGe for the purpese ef permittiRg others te strong er lay wire or Gable aleng said ; the right to prevent excavation within the easement area; the right to prevent construction of, within the easement area, any and all buildings, structures or other obstructions which, in the sole judgment of Grantee, may endanger or interfere with the efficiency, safety, and/or convenient operation of said facilities and their appurtenances and the right to trim or remove trees or shrubbery within, but not limited to, said easement area, including by use of herbicides or other similar chemicals approved by the U.S. Environmental Protection Agency, to the extent in the sole judgment of Grantee, as may be necessary to prevent possible interference with the operation of said facilities or to remove possible hazard thereto. Grantor shall not make changes in grade, elevation or contour of the land or impound water within the easement area as described above without prior written consent of Grantee. Grantor reserves the right to use the land within the above described easement area for purposes not inconsistent with Grantee's use of such property, provided such use shall not., +the solo judgment of Grunt ti unreasonably interfere with the exercise by Grantee of the rights hereby granted. TO HAVE AND TO HOLD the above described easement unto the said Grantee, its successors and assigns, until all of said electric lines and facilities shall be abandoned, and in that event said easement and Fight way shall cease and all rights herein granted shall terminate and revert to Grantor or Grantor's heirs, successors or assigns. And it does herby bind itself, its successors, legal representatives, and assigns, to warrant and forever defend all and singular the above described easement and rights unto said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under Grantor, its successors, legal representatives, or assigns, but not otherwise. EXECUTED this day of 2018�. GRANTOR: Anna Economic Development Corporation, a Type A Development corporation By: Connie Stump, President Anna Community Development Corporation, a Type B Development corporation By: Alonzo Tutson, President STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared Connie Stump, President of Anna Economic Development Corporation, a Type A Development corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of Notary Public in and for the State of Texas STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared Alonzo Tutson, President of Anna Community Development Corporation, a Type B Development corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. 2018. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , Notary Public in and for the State of Texas PAGE 9 of 2 JOB No. 3362488 EXHIBIT "A" ONCOR ELECTRIC DELIVERY COMPANY, LLC 15' EASEMENT BEING a ONCOR Electric Delivery Company, LLC easement situated in the D.E.W. Babb Survey, Abstract No. 33, Collin County, Texas, and being a part of that same tract of land as described in Special Warranty Deed to the Anna Economic Development Corporation recorded under Clerk's File No. 20170103000004800 in the Deed Records of Collin County, Texas, (DRCCT), and being more particularly described as follows: BEGINNING at a point the east line of a tract of land as described in deed to the Dallas Area Rapid Transit recorded under Clerk's File No. 2001-0078323 DRCCT; from which a 3/8-inch iron found at the northwest corner of said Anna Economic Development Corporation tract, at the intersection of County Road 421 with the east line of said Dallas Area Rapid Transit tract bears North 18 Degrees 43 Minutes 52 Seconds East, 36.78 feet; THENCE South 89 Degrees 11 Minutes 20 Seconds East, departing the east line of said Dallas Area Rapid Transit tract, at all times remaining 35.00 feet south of and parallel to the north line of said Anna Economic Development Corporation tract, 40.00 feet; THENCE South 00 Degrees 48 Minutes 40 Seconds West, 15.00 feet; THENCE North 89 Degrees 11 Minutes 20 Seconds West, at all times remaining 50.00 feet south of and parallel to the north line of said Anna Economic Development Corporation tract, 44.85 feet to a point in Lite east line of said Dallas Area Rapid Transit tract; THENCE North 18 Degrees 43 Minutes 52 Seconds East, along the east line of said Dallas Area Rapid Transit tract, 15.76 feet to the POINT of BEGINNING and containing 0.015 acre of land. Brad Sparr` Registered Professional Land Surveyor No. 3701 SRAD SPA P 37Gi .,r �• ' d� ..... SURV�4 Sparr Surveys 2553 County Raad 722 McKinney, TX 75069 (214) 544-2297 EXHIBIT A Page 2 of 2 a � Q N o VI T_ wN O th lb �vo'►` N ) co a �+ o O W aQ yco .Ic �000 o n a z O NLO p q) UpU OO'Oti >. w M 2 y w C y Q N yOCJ W 0 o y C V w Q _ .- ON V p v 0 N a 00 p O W p w0 u) Vim' ui ;b F Z �� hp NWm O dry' N X N } t W W ~J� d 6 O N O 3 Z pa Z O 0 H ro rn,* C)co �N WOZ R 9 Li d <vV)Ww Z o W ! C)rr z LLJ 'Ali �+- Z `'yX ?? N 'd WAN m O LZ l� Oz S 0:3 N Y �Y 2 cy 0 d m Z �w Nb►b� al � s�0a a 00 N 00 If ,� N (10 o Z r EcoNt�Mlc DEVELOPMENT CORPORATION AGENDAITEM: Item No. 5. EDC Agenda Staff Report MeetinV Date: 2/1 /2018 Staff Contact: Jessica P erki ns Discussion regarding Landscape Architect Proposals for the median and entry feature for the Anna Business Park. S U MMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Bella 1 Bella 2 PK Kendall Upload Date 1125/2018 1/25/2018 1 /25/2018 1 /25/2018 Type Backup Material Backup Material Backup Material Backup Material aBELLE Beautiful Landscapes. g. FIRMA Signature Services. bellefirma.com ................................................................................... December 19, 2017 Ms. Jessica Perkins Assistant to City Manager and Economic Development Officer City of Anna 111 N. Powell Parkway P.O. Box 776 Anna, Texas 75409-0776 Re: Proposal for LANDSCAPE ARCHITECTURAL Services Anna Business Park Anna, Texas Agreement between CLIENT and LANDSCAPE ARCHITECT Dear Ms. Perkins: Belle Firma, Inc. is pleased to submit this proposal to provide LANDSCAPE ARCHITECTURAL services for the above referenced project. ARTICLE 1 -AGREEMENT This Agreement is made and entered into effect as of December 19, 2017 between: City of Anna 111 N. Powell Parkway P.O. Box 776 Anna, Texas 75409-0776 (herein referred to as the CLIENT) and Belle Firma, Inc. 4245 N. Central Expressway Suite 501 Dallas, Texas 75205 (a Texas corporation, herein referred to as the LANDSCAPE ARCHITECT) For the following project: Anna Business Park: monument signage, related entry landscaping, irrigation, and lighting design for the south entry of the industrial business park located near SH 5 and the Collin County Outer Loop in the City of Anna, Texas. ARTICLE 2 -BASIC SERVICES The LANDSCAPE ARCHITECT shall provide the following as Basic Services: 2.1 Schematic Design A. Review the Project scope to determine existing site and construction considerations. B. Meet with the CLIENT and / or Owner's Authorized Representatives to discuss and memorialize the Project's requirements, guidelines, and overall design intent. C. Review and analyze all applicable landscape codes and ordinances as they pertain to site 4245 North Central Expressway Suite 501 Dallas, Texas 75205 214.865.7192 c: i <, development, including but not limited to: The City of Anna's Tree Preservation, Landscape, Signage, and Irrigation Ordinances. D. Collect data from the CLIENT (and / or Other Consultants as provided by the CLIENT) to prepare base plans indicating structures, site elements, easements, property lines, site plan, building floor plans, topography, utility information, and existing trees that interface with landscape development (if any). E. Prepare a conceptual drawing that illustrates the proposed hardscape, signage and planting plan schematics for the entry. F. Provide a plan and elevation rendering of the entry design, if requested by the CLIENT. G. Attend Project coordination meetings as requested by the CLIENT. 2.2 Construction Documents A. Analyze and define the final requirements for the landscape with the CLIENT. Be Coordinate information provided by the CLIENT (and / or Other Consultants as provided by the CLIENT), including structures, site elements, easements, property lines, site plan, building floor plans, topography, and utility information. C. Prepare required Construction Documents, including but not limited to design of the following: 1. Tree Preservation (if necessary) a. Provide a Tree Preservation Plan with methods and details for preserving existing trees on site to remain. b. Provide retribution requirements for existing trees to be removed based on the applicable ordinances and codes. 2. Hardscape a. Provide design and dimensional layout plans for any proposed hardscape elements including but not limited to: pavers, mow strips, gravel, boulders, etc. b. Provide material selections and finishes for hardscape elements. c. Provide construction details articulating hardscape elements in section or elevation. d. Coordinate landscape structural details with the Project's Structural Engineer. (i) If a Structural Engineer is not retained by the CLIENT, signed and sealed shopped engineering shop drawings will be specified to be provided by the Contractor as part of the drawing set. e. Provide written specifications and performance criteria for installation of hardscape elements. 3. Landscape Site Lighting a. Provide basic layout and dimensions of landscape site lighting for the entry and monument sign. b. Provide product selection and finishes for landscape site lighting elements. c. Provide construction details articulating lighting elements in section or elevation. d. Coordinate light locations with the Project's Electrical Engineer. (i) If an Electrical Engineer is not retained by the CLIENT, performance specifications will be provided for the Contractor as part of the drawing set. e. Provide written specifications and performance criteria for installation of lighting elements. 4. Monument Sign a. Provide a dimensional layout plan for the proposed monument sign. b. Provide material selections and finishes for sign elements. c. Provide construction details articulating the monument sign in section or elevation. d. Coordinate lighting and structural details with the Project's Engineers. (i) If a Structural Engineer is not retained by the CLIENT, signed and sealed shopped engineering shop drawings will be specified to be provided by the Contractor as part of the drawing set. (ii) If an Electrical Engineer is not retained by the CLIENT, performance specifications will be provided for the Contractor as part of the drawing set. 5. Landscape a. Provide a Landscape Plan with planting layout, plant material selections, plant list, Anna Business Park Page 2 of 6 December 19, 2017 tabulations, and notes. b. Provide construction details articulating landscape elements in section or elevation. c. Provide written technical specifications for installation of landscape elements. 6. Irrigation a. Provide an Irrigation Plan utilizing city water sources indicating sleeving, head layout, pipe layout, pipe sizing, controller location, and notes that complies with state and local ordinances and requirements. b. Provide construction details articulating irrigation elements in section or elevation. c. Provide written technical specifications for installation of irrigation elements. d. NOTE** (i) Standard automatic irrigation controllers shall be specified. If the Project requires a central control system, that design shall be Additional Services to this Agreement. (ii) Irrigation design shall be based on watering the site from domestic water with a separate irrigation meter, Design from an alternate water source including but not limited to a well, lake, cistern, tank, or other grey water source shall be Additional Services to this Agreement. D. Attend Project coordination meetings as requested by the CLIENT. 2.3 Construction Observation A. Review shop drawings and submittals pertinent to the LANDSCAPE ARCHITECT'S Scope of Work to determine if they conform to the LANDSCAPE ARCHITECT'S visual, technical, and aesthetic design intent. Such review and approvals or other action shall not extend to means, methods, techniques, equipment choice and usage, sequences, or procedures of construction, or to related safety precautions and programs. B. Answer Contractor RFIs and issue clarifications. C. Provide up to two (2) visits to the site, per the CLIENT'S request or as deemed necessary by the LANDSCAPE ARCHITECT, to become generally familiar with and to keep the CLIENT informed about the progress and quality of the work completed in relationship to the LANDSCAPE ARCHITECT'S Construction Documents. D. Provide a "Site Observation Report" following each Project site visit. E. Provide one (1) site visit at the substantial completion of the Project to participate in compiling the punch list of items to be addressed. ARTICLE 3 - ADDITIONAL_SERVICES 3.1 The LANDSCAPE ARCHITECT may provide services beyond the LANDSCAPE ARCHITECT'S Basic Services listed above (the "Additional Services") upon written consent by the CLIENT. 3.2 Additional Services available, but are not limited to: A. Changes to design after approved by the CLIENT; B. Engineering Design, including but not limited to: civil, structural, and MEP; C. Fountain Design; D. Subsurface Drainage Design; E. Grading Design; F. LEED Design and Documentation; G. Construction Bidding Assistance; H. Tree Tagging Trips; and I. Record Drawings, As -built Drawings and/or Shop Drawings. ARTICLE 4 -CLIENT'S RESPONSIBILITIES 4.1 The CLIENT agrees to provide the LANDSCAPE ARCHITECT with information sufficient to perform the LANDSCAPE ARCHITECT'S work under this Agreement, including, but not limited to: A. Survey data indicating: structures, site elements, easements, property lines, topography, and utility information; B. Tree survey (The CLIENT may provide this or by other project team Consultant, i.e. Civil Engineer. This is not included in the proposal by the LANDSCAPE ARCHITECT.); C. Soil reports; Anna Business Park Page 3 of 6 December 19, 2017 4.2 4.3 4.4 D. Proposed site plans, grading, and utility information; and E. And other related items requested by the LANDSCAPE ARCHITECT in order to provide required services. The CLIENT agrees that the LANDSCAPE ARCHITECT may rely on the accuracy and completeness of these items and that the LANDSCAPE ARCHITECT shall not be held responsible for deficiencies or inadequacies of the data. The CLIENT shall obtain and pay for all necessary permits from authorities with jurisdiction over the Project. The CLIENT agrees to provide the items described in Article 4.1 above, and to render decisions in a timely manner, so as not to delay the orderly and sequential progress of the LANDSCAPE ARCHITECT'S services. ARTICLE 5 -COMPENSATION AND PAYMENTS 5.1 The CLIENT agrees to pay a total contract fee of $6,000.00 (Six Thousand Dollars and zero cents) (the "Total Contract Fee") to the LANDSCAPE ARCHITECT for the Basic Services listed above, allocated as follows: Schematic Design $ 2,000.00 Construction Documents $ 3,000.00 Construction Observation $ 13000,00 Basic Services Total 5.2 The Total Contract Fee for the Basic Services shall be billed in monthly increments. The LANDSCAPE ARCHITECT shall bill the CLIENT on the 15th of each month based on the percentage of total Basic Services completed during the prior 30 days. All payments are due to LANDSCAPE ARCHITECT upon receipt of invoice. As a late fee, an amount equal to 1.5% of invoice per month shall be charged on all amounts due more than 30 days after the date of invoice, such late fee being due without further demand. 5.3 Additional Services may be provided, upon written consent by the CLIENT, on an hourly basis with a mutually agreed "not to exceed" amount. The LANDSCAPE ARCHITECT shall bill the CLIENT on the 15th of each month based on the number of hours worked performing the Additional Services during the prior 30 days. All payments are due to LANDSCAPE ARCHITECT upon receipt of invoice. As a late fee, an amount equal to 1.5% of invoice per month shall be charged on all amounts due more than 30 days after the date of invoice, such late fee being due without further demand. 5.4 Hourly rates for Additional Services are as follows: per hour Principal $ 185.00 Licensed Professional $ 135.00 Non -Licensed Professional $ 100.00 Design / CAD Technician $ 85.00 Support Staff $ 65.00 5.5 Reimbursable expenses include, but are not limited to: reproduction of graphics and plans, postage, handling of documents, in-house plotting, courier services, and authorized travel expenses. Project related reimbursable expenses shall be billed at the cost plus 10%. ARTICLE 6 -MISCELLANEOUS PROVISIONS 6.1 It is agreed by the parties that the LANDSCAPE ARCHITECT shall neither have control over, charge of, nor be responsible for, construction means, methods, techniques, equipment choice and usage, sequences, schedules, procedures, or for safety precautions and programs in connection with the work on the Project, since these are solely the CLIENT'S rights and responsibilities under the Construction Documents. 6.2 This Agreement is entered into and shall be governed, for all purposes and in all things by the law Anna Business Park Page 4 of 6 December 19, 2017 of the State of Texas, without regard to its choice of law provisions. Mandatory venue for any disputes arising out of or related to this Agreement shall be exclusively in the state or federal courts located in Dallas County, Texas. 6.3 This Agreement is the entire and integrated Agreement between the CLIENT and LANDSCAPE ARCHITECT. It supersedes all prior negotiations, statements or Agreements, either written or oral. The parties may amend this Agreement, only by a written instrument signed by both CLIENT and LANDSCAPE ARCHITECT. 6.4 Warranty Disclaimer• Any language term or condition of this Agreement to the contrary notwithstanding the LANDSCAPE ARCHITECT makes no expressed or implied warranties of merchantability, of fitness for a particular purpose (or any purpose) such warranties being expressly disclaimed hereby. 6.5 Independent Contractor: The CLIENT and LANDSCAPE ARCHITECT understand, acknowledge, and agree that the LANDSCAPE ARCHITECT shall be acting as an independent contractor at all times during the performance of this Agreement and no provision or obligation expressed or implied in this Agreement shall create an employment, agency, or fiduciary relationship between the parties. 6.6 No Third Party Beneficiary to this Agreement: Nothing contained in this Agreement shall create, or shall be implied to create, a contractual or quasi -contractual relationship with, or otherwise create any cause of action in favor of, any third party against either the CLIENT or LANDSCAPE ARCHITECT. 63 Copyright: The ownership and use of all drawings, schematics, plans and similar documents created by the LANDSCAPE ARCHITECT in performing under this Agreement shall remain, at all times, the property of the LANDSCAPE ARCHITECT and shall not be considered a "work for hire," provided however, that the CLIENT and / or the Project's Owner may use such drawings, schematics, plans and similar documents as appropriate in connection with the construction, modification, and/or alteration of the Project, or as otherwise agreed by the LANDSCAPE ARCHITECT, such agreement not to be unreasonably withheld. 6.8 Delays and Termination: CLIENT or LANDSCAPE ARCHITECT may terminate this Agreement upon forty-eight (48) hours written notice (the "Termination Notice") should the other party fail substantially to perform in accordance with the terms and conditions of this Agreement through no fault of the terminating party. A complete settlement of all claims upon such termination of this Agreement shall be made as follows: For Basic Services completed, CLIENT shall compensate LANDSCAPE ARCHITECT for the services performed up to the date of receipt of the Termination Notice plus reasonable costs incurred in terminating the services in accordance with rates set forth in paragraph 5.2 hereof; and for Additional Services completed, CLIENT shall compensate LANDSCAPE ARCHITECT for the services performed up to the date of the termination notice plus reasonable costs incurred in terminating the services in accordance with rates set forth in paragraph 5.4 hereof. In the event LANDSCAPE ARCHITECT'S services cannot be performed on or before the projected due date because of circumstances beyond the control of LANDSCAPE ARCHITECT, including, but not limited to, strike, fire, riot, excessive precipitation, act of God, governmental action, third party action, or action or omission by the CLIENT, the services reflected in Articles 2 or 3 hereof, as appropriate, and the timeframe for completion of such services, shall be amended by CLIENT and LANDSCAPE ARCHITECT to reasonably accommodate such delays and/or disruptions. 6.9 WAIVER OF SUBROGATION and INDEMNIFICATION: The CLIENT and LANDSCAPE ARCHITECT waive all rights against each other and any of their agents representatives or employees, each of the other, for damages caused by fire or other causes of loss to the extent covered by any property insurance applicable to the PROJECT in any way, even if such damages or loss is caused by the indemnitee's own negligence To the extent such loss is not covered by property insurance, the CLIENT further agrees to indemnify and hold harmless the LANDSCAPE ARCHITECT, its directors, officers employees and representatives called indemnitees from and against all losses, damages, expenses and costs (including but not limited to reasonable and necessary attorney's fees and costs and cost of litigation) which arise from or are caused by any act error, or omission of the CLIENT even if commingled with any act omission or negligence of the LANDSCAPE ARCHITECT. It is the intent of the parties that this provision shall satisfy the requirements of all rules of enforcement of any applicable jurisdiction specifically including but not limited to the clear and Anna Business Park Page 5 of 6 December 19, 2017 unequivocal rule express negligence or express fault rules and the conspicuousness doctrine to provide for enforceable indemnity, The CLIENT acknowledges that $50 of its fee has been designated as consideration for this indemnification. 3.10 Neither the CLIENT nor LANDSCAPE ARCHITECT shall assign this Agreement without the written consent of the other. 3.11 This Agreement shall be signed and returned to the LANDSCAPE ARCHITECT prior to the commencement of services. 6.12 The effective date of this Agreement shall be the day and year first written above. ARTICLE 7 -STATEMENT OF JURISDICTION 7.1 The Texas Board of Architectural Examiners (TBAE) has jurisdiction over complaints regarding the professional practices of persons registered as LANDSCAPE ARCHITECTS in the state of Texas. TBAE P.O. Box 12337 Austin, TX 78711-2337 (512) 305 - 9000 www.tbae.state.tx.us ARTICLE 8 -SUMMARY 8.1 This proposal is offered for a period of thirty days after which, if said proposal has not been executed, shall no longer be valid. 8.2 Belle Firma, Inc. is pleased to submit this proposal to you for LANDSCAPE ARCHITECTURAL services. This proposal, unless otherwise noted, constitutes our understanding of the services to be provided by Belle Firma, Inc. on the Project described above. We appreciate your consideration and are excited about the opportunity to work together. If you have any questions or need additional information, please feel free to contact us. We look forward to the successful completion of this Project. 8.3 By executing this Agreement, the LANDSCAPE ARCHITECT and CLIENT agree and accept the terms above. LANDSCAPE ARCHITECT Belle Firma, Inc. By: Name: Kc Title: President Dated: December 19, 2017 CLIENT City of Anna By: Signature Name: Jessica Perkins Title: Assistant to City Manager and Economic Development Officer Dated: Anna Business Park Page 6 of 6 December 19, 2017 BELLE FIRMA 4245 North Central Expy Suite 501 Dallas, Texas 75205 214.865.7192 offi�c bellcfirma.corri FIRM PROFILE OUR FIRM BELLE FIRMA is a premier boutique landscape architecture firm known for the quality and longevity of our team, relationships and projects. Together we create timeless landscapes which grow into lasting partnerships in the development industry. Passionate stewards of the outdoor environment, we transform spaces through sustainable designs with enduring value and evolving beauty. We offer a wide range of landscape architectural professional services including planning, conceptual design, graphic renderings, construction documentation, bidding assistance, and construction observation for projects that are large or small, new construction or renovations. BELLE FIRMA was established in 2011 and holds certifications as a Woman -Owned Business Enterprise (WBE), Disadvantaged Business Enterprise (DBE), and a Small Business Enterprise (SBE) from the North Central Texas Regional Certification Agency (NCTRCA); a Historically Underutilized Business (HUB) from the State of Texas; and is recognized as a Small Business by the federal government. ...................................................................... OUR PEOPLE BELLE FIRMA is known for our remarkable work ethic, attention to detail, and amiable personalities. We are able to efficiently and effectively ensure the client's identity, intent, and desires are reflected in the beautiful landscapes we design through the signature services we provide. KORI HAUG ASLA, CLARB Kori has over 18 years of experience in landscape architecture in the North Texas Metroplex. Much of her success is attributed to a loyal client base who have entrusted her with a diverse portfolio of projects that range in size, type, and location. TEAM We currently employee four full-time landscape designers in addition to the founding principal. Since our inception, we have designed and overseen almost 1,000 projects and are well -versed in discerning jurisdictional requirements with fast -tracked deliveries. � BELLE FIRMA KORI HAUG ASLA, CLARB 4245 North Central Expy As President of BELLE FIRMA, Kori is passionate about client relationships and understanding each project's Suite 501 unique opportunities. Her reliability and work ethic have earned the respect of a loyal client base who have Dallas, Texas 75205 trusted her with a diverse portfolio of projects that range in size, type, and location. She fosters a positive and 214,86547192 offi�c collaborative environment for team members and her efficient organizational skills allow her to work on a high volume of developments while giving each project the attention that they deserve. Kori is devoted to ensure that all plant materials, design ideas, and construction methods are realistic and appropriate for each project. ...................................................................... EDUCATION RELEVANT PROJECT EXPERIENCE Texas A&M University Bachelor of Landscape Architecture PROFESSIONAL EXPERIENCE Belle Firma President 2011 - Present Dallas, Texas la terra studio Principal 2006 - 2011 Dallas, Texas SMR Landscape Architects Associate 1 )98 - 2006 Dallas, Texas PROFESSIONAL REGISTRATIONS & ORGANIZATIONS Registered Landscape Architect Texas - 2246 Alabama - 724 Arizona - 46189 Arkansas - 5137 Colorado - 938 Idaho - LA-16750 Indiana - LA21100009 Iowa - 610 Kansas - 806 Kentucky - 801 Minnesota - 50499 Mississippi - 601 Missouri - LA-2012001047 Nebraska - LA 304 New Mexico - 413 New York - 002412 North Carolina - 1682 Oklahoma - 354 Ohio - 1301290 South Carolina - LSA 1200 South Dakota - 11877 Tennessee - 801 Utah - 6691821-5301 Virginia - 0406001755 Wisconsin - 684-14 American Society of Landscape Architects Council of Landscape Architectural Registration Boards The Real Estate Council Green Ribbon Crowley 2013 Crowley 2016 Kennedale 2011 Kennedale 2012 Sansom Park 2014 Municipal City of Colleyville Entry Signs Dallas Downtown Median Dallas West Branch Library (renovation) Denison Fire Station Las Colinas Dog Park Plano Technology Services Support Facility Rayburn County Electric Cooperative - Rockwall Ruff Range Dog Park Ph 2 (Frisco) Tri County Police Training Center - Plano Industrial /Warehouse /Distribution Distribution The Apparel Group -Austin Ranch At nos Tech Center - Arlington Chamberlain Roofing - Farmer's Branch Channell - Rockwall Cornerstone One - Flower Mound Dal Parc 1-20 Logistics F-500 - Dallas DCT Freeport West - Coppell DCT Waters Ridge - Lewisville DFW Global Logistics I and 11 - DFW Airport DFW Trade Center 6-9 - DFW Airport EGL Airfield Drive BTS - DFW Airport First Industrial Bardin Road - Arlington First Pinnacle - Dallas Fed Ex Freight - Corpus Christi Fed Ex Ground - (Alliance) Fort Worth Flooring Services - Lewisville Frontier Logistics - Fort Worth GAF Expansion - Gainesville Grand Lakes 1 Expansion - Grand Prairie GSW Logistics - Grand Prairie Home Depot Distribution Center - Dallas Heritage 4 - Austin Kimberly-Clark - Dallas Lakeside Ranch Business Park 20, 32 and 33 - Flower Mound Logistics Crossing 1 - Grand Prairie L'Oreal - Dallas Northlake 21 - Northlake Northport 35 - Northlake Parc 114 Phase 2 - Irving Parc GSW - Irving Park 20/35 Buildings 6&7 - Lancaster Penn - Dallas Pioneer 360 Arlington Restoration Hardware - Grand Prairie Ridge Railhead 1 - Fort Worth River Park 100, 500, 600, 700, 900 - Fort Worth and Grand Prairie Special Products & Manufacturing (Rockwall Technology Park) - Rockwall Ulta - Dallas BELLE FIRMA CORNERSTONE ONE FLOWER MOUND, TEXAS 4245 North Central Expy Cornerstone One is a 648,000 square foot office/warehouse located on 33 acres in Flower Mound, Texas. Suite 501 Cornerstone One is the first completed building of a 59 acre master plan. The plant selection includes native, Dallas, Texas 75205 low -maintenance plants and is serviced by a high -efficiency irrigation system, reducing the water necessary for 214.865,7192 of;lce the landscape. ...................................................................... ISO+ b l r4 1 BELLE FI RMA LAKESIDE RANCH BUILDING 20 FLOWER MOUND, TEXAS 4245 North Central Expy Lakeside Ranch Building 20 is a 750,000 square foot office/warehouse located in Flower Mound, Texas. This Suite 501 building is part of the 230 acre master planned Lakeside Ranch Business Park, Native, low -maintenance plant Dallas, Texas 75205 material was used in conjunction with a high -efficiency irrigation system to reduce the amount of potable water 214,865,7192 orri_,, used for landscape purposes, ...................................................................... all i or r d JA f , f, i4ftChelco Koch November 21, 2017 (Revised) PK No.: 0100 Ms. Jessica Perkins Assistant to City Manager and Economic Development Officer CITY OF ANNA 1 1 1 N. Powell Parkway P.O. Box 776 Anna, Texas 75409-0776 Re: Professional Landscape Architecture Services ANNA BUSINESS PARK Main Entry Landscape Design Anna, Collin County, Texas Dear Ms. Perkins: Pacheco Koch Consulting Engineers, Inc. is pleased to submit this proposal to provide professional landscape architecture services relating to the referenced project in Exhibit "A". It is our understanding the project is located near the intersection of Powell Parkway and Collin County Outer Loop in Anna, Texas. This proposals assumes Pacheco Koch can be provided plans for paving & grading in the area to be used as a base map for landscape design. SCOPE OF SERVICES Based on our preliminary discussions and review of the information received to date, the following is our perception of the services to be provided by Pacheco Koch for the referenced project: Landscape Architecture Services LANDSCAPE & IRRIGATION PLANS -LIMITED SERVICES: Pacheco Koch will provide a Landscape Architecture Design that consists of minimum requirements to meet the applicable landscape concepts favored by the City of Anna. Included in this item: ■ Coordination of City review and approval of plans prepared as part of this item. ■ Up to one (1) team design meeting at the office of the architect, developer or owner to coordinate ground plane design elements. ■ Schematic Design: One (1) schematic option submitted for client review and coordination showing a solution that is compatible with City standards. ■ Concept Diagram with suggested pavement revisions to ease TxDOT review for the Civil Engineering Design. ■ Construction Documents: Plans to include planting and irrigation with applicable details to a level sufficient to demonstrate design intent and allow the construction thereof, including materials and quantity schedules. ■ Specify lighting fixture and location only. Detailed circuiting and permitting to be provided by certified electrical contractor. ■ Location of a dedicated irrigation meter. ■ One (1) site visit at the completion of construction for purposes of confirming that the plan appears to be installed per requirements if requested by the owner. 7557 Rambler Road Suite 1400 Dallas, TX 75231-2388 972.235.3031 pkce.com As. Jessica Perkins November 21, 2017 (Revised) Page 2 Not included in this item: ■ Hardscape design, signage or water features. ■ Irrigation systems utilizing reclaimed water that require pumps, filters and associated controls. ■ Renderings, graphics or applications required to pursue a variance or special exception to the ordinance. ■ Bidding and Construction Administration services such as submittal review, change order preparation, site visits with field reports, etc. ■ All these services can be provided upon request for an additional fee. LANDSCAPE ARCHITECTURE -ENTRY FEATURE: Pacheco Koch will provide Landscape Architectural Design services for design of a masonry entry monument. Included in this item: ■ One (1) rendering of the proposed monument with materials, colors and scale identified. ■ One (1) meeting to present the proposed monument and gather input from the owner for incorporation. ■ Plan, section and elevation details of the proposed monument with recommendation for location, both horizontally and vertically. ■ Lighting location and fixtures specified. Not included in this item: ■ Electrical permit plans for site/monument lighting will be done via a licensed electrical contractor with information provided by Pacheco Koch. STRUCTURAL DESIGN -ENTRY FEATURE: Pacheco Koch will contract with asub-consultant to provide structural review and detailed design for the project. The plan will be completed by a Licensed Structural Engineer in the State of Texas. This item will include design of the entry signage, pier details and connections. Geotechnical data from an adjacent pad site (provided by owner) will form the basis of the design. Landscape Architecture Special Services (If Requested) TxDOT/ONCOR COORDINATION: Pacheco Koch will prepare documents as necessary for TxDOT or Oncor approval. If requested by the Owner at hourly rates that are in addition to the "Landscape Architecture" Services. Based on our understanding of the scope of services, the following items are not included in this proposal: 1. Geotechnical or environmental investigation 2. Surveying services 3. Demolition Plan 4. Coordination of gas, electric, telephone and cable television service 5. Retaining wall design 6. Design of any drainage or grading. 7. Site Lighting Plan 8. Signage Plan 9. Bid phase services including preparation of bid forms, solicitation of bids and coordination with prospective bidders 10. Construction phase services including review of pay requests, review of shop drawings, construction observation, and job progress meetings Ms. Jessica Perkins November 21, 2017 (Revised) Page 3 SCHEDULE Pacheco Koch acknowledges the importance to City of Anna of the project schedule and agrees to put forth its best professional efforts to perform its services under this Agreement in a manner consistent with that schedule. City of Anna understands, however, that Pacheco Koch's performance must be governed by sound professional practices. If, through no fault of Pacheco Koch, such periods of times or dates are changed, or the orderly and continuous progress of Pacheco Koch's services is impaired or Pacheco Koch's services are delayed or suspended, then the time for completion of Pacheco Koch's services, and the rates and amounts of Pacheco Koch's compensation, shall be adjusted equitably. If requested, Pacheco Koch would be pleased to develop a project schedule outlining each of the items included previously described in the Scope of Services. COMPENSATION Pacheco Koch proposes to provide the services described above on a Fixed Fee basis for a total fee, exclusive of direct reimbursable costs, as follows: Landscape Architecture Services LANDSCAPE & IRRIGATION PLANS - LIMITED SERVICES $ 6,000.00 LANDSCAPE ARCHITECTURE - ENTRY FEATURE $ 4,000600 STRUCTURAL DESIGN - ENTRY FEATURE $ 1/000000 TOTAL $ 11,000.00 Landscape Architecture Special Services (If Requested) TxDOT/ONCOR COORDINATION $ HOURLY* *Pacheco Koch proposes to provide the services listed above which are noted as" on an Hourly Rate basis. A copy of our "Standard Schedule of Hourly Rates" is attached for your reference. SUMMARY This proposal, unless otherwise noted, constitutes our understanding of the services to be provided by Pacheco Koch Consulting Engineers, Inc. on the project described above. This proposal is offered for a period of thirty (30) days after which, if said proposal has not been executed, said proposal should no longer be valid. Pacheco Koch Consulting Engineers, Inc. is pleased to have this opportunity to submit this proposal and looks forward to working with you on this project. If the proposal and accompanying agreement is acceptable to you as presented, please execute one copy of the agreement form and return one original copy to our office. Upon receipt of notice to proceed, either in writing or verbally, it will be assumed said agreement is accepted by all parties and services will be provided accordingly. If you have any questions or would like any additional information, please do not hesitate to call us at your convenience. MEW Wade C. Peterson, R.L.A., LEED�AP AMH/slr 01-16151R2 ( W 1 I z as �z �W ow l (n 1 JG „Pacheco Koch STANDARD BILLING RATES FOR IN HOUSE REIMBURSABLE CHARGES (Rates are subject to change at any time.) Reproduction: BlackLine Bond Prints.......................................................................................... Black Line Vellum Prints....................................................................................... $ 1.50/sf Black Line Mylar Prints......................................................................................... $ 2.00/sf ColorBond Plots................................................................................................... $ 3.00/sf Color Prints (8 1 /2” x 1 1 ")..................................................................................$ 1.00/ea Photocopies (8 1 /2" x 1 1 ")...............................................................................$ 0.10/ea Monumentation (Materials OnlyJ: 3" Aluminum Disks.............................................................................................$25.00/ea Mounting: Foam -core (3/ 16")................................................................................................ $4.00/sf Binding Services: Punch&Bind.......................................................................................................$2.00/ea Storage Media: CD Travel Expenses: Per Diem (Lodging/Meals)...........................................................$ 125.00/Day/Person rev. 12/2012 7557 Rambler Road Suite 1400 Dallas, TX 75231-2388 972.235.3031 pkce.com „Pacheco Koch SCHEDULE OF STANDARD HOURLY BILLING RATES (Our hourly rates are subject to change at any time.) ENGINEERING SURVEYING Principal.............................................$225.00/Hr. Principal.............................................$225.00/Hr. Associate Principal.49190090.92.4..00660.6060$200.00/Hr0 Director. ..............................................$200.00/Hr. Senior Project Manager......... MOOSE ...,$l 50,00/Hr. Senior Project Coordinator .............$150.00/Hr. Project Manager....... Good last$ 1 20.00/Hr. Project Coordinator........................$120.00/Hr. Project Engineer........ 0000000@ww a monotones a ... $95.00/Hr. Senior Technician............................$1 10.00/Hr. Technician..........................................$80.00/Hr. )rafter.,..* 0 022%640001 was Go Otte 0 4 a mementoes footnotes $75,00/Hr. Research Manager .... .......................$80.00/Hr. Technical Assistant......Noe assets steel ........$50.00/Hr. Executive Assistant............................$85.00/Hr. Senior Administrative Assistant.........$80.00/Hr. Administrative Assistant ....................$70.00/Hr. Expert Witness Testimony. . 6 6 6 0 0 a 6 6 a 4 0 a a $350.00/Hr. LANDSCAPE ARCHITECTURE Principal................................moment .... ...$225.00/Hr. Associate Principal. a 0 4 0 0 6 0 0 4 * 4 o a a 0 6 6 a a a a 0 0 a .$200.00/Hr. Director. ..............................................$200.00/Hr. Senior Project Manager. . 0 6 6 a 0 6 6 4 & 4 4 * 4 0 a $150,00/Hr. Project Manager..............................$120.00/Hr. Project Landscape Architect ..........$95.00/1-Ir. Landscape Designer.... moment ...............$75.00/Hr. )rafter. a 0 4 a 4 a 0 0 0 a a 6 0 6 a 4 0 a no 0 4 0 0 9 a a a 0 a a a 6 a a 0 a 0 0 a a a 9 % 4 a * a $75.00/Hr. Executive Assistant ... ........... Maas ..........$85,00/Hr. Senior Administrative Assistant.........$80.00/Hr. Administrative Assistant. 9 1 a 9 a a a 9 a 6 a 0 0 4 0 4 0 a $70.00/Hr. Expert Witness Testimony ................$350.00/Hr. rev. 02/2016 Associate Principal..4.0.000.....9..00490.000$200.00/Hr9 Director. ..............................................$200.00/Hr. Senior Project Manager. ..................$150.00/Hr. Senior Project Coordinator,,,,,,,,,,,,,$ ] 50.00/Hr. Project Manager. . a 4 4 a a a 6 a 0 a a 6 0 0 0 a 4 6 * 0 4 4 a a a . $120,00/Hr. Project Coordinator...............0640064..$120.00/Hr. Project Surveyor.................................$95.00/Hr. Survey Intern..................6.001096604644.0.9.00$90.00/Hr. Senior Technician. a 9 a a 0 0 0 0 a a 0 1 6 6 a 6 a ............$90.00/Hr. Technician.....Samoa .......... wood .. stood Goes .......$80.00/Hr. Drafter..........................00400......4.0.060......$75,00/Hr. Research Manager...........................$80.00/Hr. Technical Assistant............................$50.00/Hr. Executive Assistant............................$85.00/Hr. Senior Administrative Assistant. ........$80.00/Hr. Administrative Assistant ..4........4..66.4..$70.00/Hr. Expert Witness Testimony ................$350.00/Hr. Survey Field Crew (1-person) ...........$95.00/Hr. Survey Field Crew (2-person) .........$140,00/Hr. Survey Field Crew (3-person) .........$195.00/Hr. Survey Field Crew (4-person) .0.640004$250.00/Hr. 7557 Rambler Road Suite 1400 Dallas, TX 75231-2388 972.235.3031 pkce.com AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES Anna Business Park no, Collin County, Texas PK No: 0100 This Agreement is made between Pacheco Koch Consulting Engineers, Inc., a Texas corporation, (hereinafter referred to as "PKCE") whose mailing address is 7557 Rambler Road, Suite 1400, Dallas, Texas 75231-2388, and City of Anna, (hereinafter referred to as "CLIENT"), whose mailing address is 111 N. Powell Parkway, P.O. Box 776, Anna, Texas 75409-0776, and is subject to the following terms and conditions to which the parties mutually agree: ARTICLE 1 - SCOPE OF SERVICES 1.1 In consideration of the mutual covenants contained herein, PKCE shall perform the services identified in letter of proposal dated November 21, 2017, which is made a part hereof, in accordance with the terms of this Agreement. 1.2 PKCE will commence the services upon receipt of an executed copy of this Agreement signed by an authorized representative of the CLIENT and by an authorized representative of PKCE. 1.3 PKCE shall not be responsible for a CLIENT's directive or substitution made without PKCE's agreement and which agreement shall not be unreasonably withheld. ARTICLE 2 - AMENDMENTS 2.1 CLIENT, without invalidating this Agreement, may request changes within the general scope of the Service required by this Agreement by altering or adding to the Services to be performed, and any such changes in the Services shall be performed subject to this Agreement. Upon receiving the CLIENT's request, PKCE shall return to CLIENT a written change proposal setting forth an adjustment to the services and cost estimated by PKCE to represent the value of the requested changes. Following CLIENT's review of PKCE's change proposal, CLIENT shall execute said written proposal authorizing PKCE to perform the changes in the Services. ARTICLE 3 - PROJECT COSTS AND PAYMENT 3.1 PKCE shall be compensated, in U.S. Dollars, in accordance with the afore referenced letter of proposal and any subsequent executed amendments to said proposal. 3.2 Unless otherwise noted, direct costs such as application fees, review fees, blueprinting, reproductions, delivery fees, etc. are not included in the fees above and will be charged at cost times a multiplier of 1.10. 3.3 State and local sales tax shall also be considered a direct cost when applicable and will be charged at cost. Please note that professional boundary surveying services are subject to state sales tax. 3.4 PKCE will submit an invoice to CLIENT at the end of each month, on an hourly rate basis or based on the estimated percentage of completion of the services as stipulated in the proposal, unless otherwise specified by the CLIENT in writing and agreed upon by PKCE. 3.5 Payment shall be made by CLIENT within 30 days after receipt of the invoice. 3.6 PKCE shall be compensated by CLIENT for services rendered regardless of whether or not any impending sale of the subject property is finalized. 3.7 CLIENT shall provide written notification to PKCE within 15 days of receipt of the invoice should CLIENT object to all or any part of charges appearing on the invoice. The portion of the invoice that is not in dispute shall be paid by CLIENT within 30 days of receipt of said invoice. 3.8 If legal action is necessary to enforce payment provisions of this Agreement, PKCE shall be entitled to collect from CLIENT any judgment or settlement sums due, reasonable attorneys' fees, court costs and expenses incurred by PKCE in connection therewith. 3.9 A finance charge of 1.50% per month will be paid by CLIENT for all non -disputed invoices after 30 days. 3.10 If CLIENT for any reason fails to pay the undisputed portion of any invoice within 30 days of presentation, PKCE has the right to cease work on the project and CLIENT shall waive any claim against PKCE for cessation of services, and shall defend and indemnify PKCE from and against any claims for injury or loss stemming from said cessation of services. In the event the project is restarted, CLIENT shall also pay the cost of restarting and shall renegotiate appropriate contract terms and conditions, such as those associated with budget, schedule or scope of service. ARTICLE 4 - DELAYS AND TERMINATION 4.1 CLIENT or PKCE may terminate this Agreement upon forty-eight (48) hours written notice should the other party fail substantially to perform in accordance with the terms and conditions of this Agreement through no fault of the terminating party. A complete settlement of all claims upon such termination of this Agreement shall be made as follows: In the event of any termination PKCE will be entitled to invoice CLIENT and to receive full payment for all services performed or furnished in accordance with this Agreement and all Reimbursable Expenses incurred through the effective date of termination. Upon making such payment, CLIENT shall have the limited right to the use of Documents, at CLIENT's sole risk, subject to the provisions here within. In the event the services cannot be performed on or before the projected due date because of circumstances beyond the control of PKCE, including, but not limited to strike, fire, riot, excessive precipitation, act of God, governmental action, third party action or action of omission by CLIENT, the services shall be amended by CLIENT and PKCE in accordance with Article 2 of this Agreement. 4.2 If the CLIENT suspends the Project, PKCE shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, PKCE shall be compensated for expenses incurred in the interruption and resumption of PKCE's services. PKCE's fees for the remaining services and the time schedules shall be equitably adjusted. 4.3 If the CLIENT suspends the Project for more than 90 cumulative days for reasons other than the fault of PKCE, PKCE may terminate this Agreement by giving not less than seven (7) days' written notice. 4.4 CLIENT's failure to make payment to PKCE in accordance with the payment terms herein shall constitute a material breach of this Agreement and shall be cause for termination by PKCE. ARTICLE 5 - RIGHT OF ENTRY 5.1 CLIENT shall provide for PKCE's right to enter from time to time, property owned by CLIENT and/or others in order for PKCE to fulfill the scope of services included hereunder. A-1 ARTICLE 6 = INFORMATION PROVIDED BY OTHERS 6.1 PKCE shall indicate to CLIENT the information needed for rendering of services hereunder, and CLIENT shall provide to PKCE such information as is available to CLIENT. CLIENT recognizes that it is impossible for PKCE to assure the sufficiency of such information, either because it is impossible to do so, or because of errors or omissions, which may have occurred in assembling the information. CLIENT shall be responsible for, and PKCE may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by CLIENT to PKCE pursuant to this Agreement. PKCE may use such requirements, programs, instructions, reports, data, and information in performing or furnishing services under this Agreement. Accordingly, CLIENT waives any claim against PKCE, and agrees to defend, indemnify and hold PKCE harmless from any claim or liability for injury or loss allegedly arising from errors, omissions, or inaccuracies in documents or other information provided to PKCE by CLIENT. Further, CLIENT agrees to compensate PKCE for any time spent or expenses incurred by PKCE in defense of any such claim, with such compensation to be based upon PKCE's prevailing fee schedule and expense reimbursement policy. 6.2 Subject to the standard of care set forth here within, PKCE and its Consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. ARTICLE 7 -CONSTRUCTION ACTIVITIES 7.1 CLIENT agrees that the General Contractor is solely responsible for job site safety and for construction means, methods, sequence, techniques and procedures necessary for performing, superintending and/or coordination all construction activities and warrants that this intent shall be made evident in CLIENT's agreement with the General Contractor. 7.2 Unless otherwise required in this Agreement, PKCE shall have no responsibility for discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. ARTICLE 8 -CONFIDENTIALITY 8.1 PKCE shall maintain as confidential, and not disclose to others without CLIENT'S prior written consent, all information obtained from CLIENT, not otherwise previously known to PKCE in the public domain. The provisions of this paragraph shall not apply to information in whatever form which (i) is published or comes into the public domain through no fault of PKCE, (ii) is furnished by or obtained from a third party who is under no obligation to keep the information confidential, or (iii) is required to be disclosed by law on order of a court, administrative agency or other authority with proper jurisdiction. PKCE will notify CLIENT in writing immediately if information is requested under item (iii) above. PKCE shall keep such information strictly confidential and shall not disclose it to any other person except to (i) its employees, (ii) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (iii) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. ARTICLE 9 - OWNERSHIP OF INSTRUMENT OF SERVICE 9.1 All reports, plans, specifications, field data, field notes, calculations, estimates and other documents prepared by PKCE, as instruments of service shall remain the property of PKCE. PKCE shall retain these records for a period of five (5) years following completion of services, during which period they will be made available to CLIENT at all reasonable times. ARTICLE 10 - JURISDICTION 10.1 In compliance with Sec. 29 of the Professional Land Surveying Act, as enacted by the Legislature of the State of Texas, we are required to inform you that land surveying services in the State of Texas are under the jurisdiction of the Texas Board of Professional Land Surveying, 12100 Park 35 Circle, Bldg. A. Suite 156, MC-230, Austin, Texas 78753, (512) 239-5263, Complaints regarding surveying services rendered may be addressed to that agency. The firm registration number is TBPLS No. 10008000, 10.2 This Agreement is to be governed by the laws of the State of Texas. ARTICLE 11 -INDEMNITY 1 1.1 PKCE shall indemnify and hold harmless CLIENT from and against lawsuits, claims, liabilities, causes of action, losses, damages, forfeitures, penalties, fines, costs and expenses, including, but not limited to, reasonable attorneys fees and expenses, by whomever asserted, including, but not limited to, any government agency or branch or any third party to the extent the some are caused by (i) a breach by PKCE of any term or provision of this Agreement, (ii) violation by PKCE of federal, state or local statute, rule, regulation or ordinance in the negligent performance of the Services, or (iii) negligent errors or omissions of PKCE or its employees, agents, or subcontractors in the performance of the Services. 11.2 To the fullest extent permitted by law, CLIENT shall indemnify and hold harmless PKCE and its officers, directors, members, partners, agents, employees, and Consultants from and against any and all claims, costs, losses, and damages (including but not limited to, all fees and charges of engineers, architects, attorneys and other professionals, and all court, arbitration, or other dispute resolution costs), by whomever asserted, including, but not limited to, any government entity, agency or branch, any third party, an employee, contractor employed or retained by PKCE, any third party or employee employed or retained by PKCE, to the extent that such claim, property damage, injury or death was caused by (i) the negligence or willful misconduct of CLIENT or agent of CLIENT, (ii) violation of federal, state, or local statute, rule, regulation or ordinance by CLIENT or agent of CLIENT, (iii) CLIENT's alleged involvement or status as an owner, operator, arranger, generator or transporter of hazardous substances or constituents at the site, or (iv) incomplete or inaccurate information provided by CLIENT to PKCE provided that (i) any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (otherthan the Work itself), including the loss of use resulting therefrom, and (ii) nothing in this paragraph shall obligate CLIENT to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence or willful misconduct. ARTICLE 12 -LIMITATION OF LIABILITY 12.1 CLIENT, through its authorized representative, identified below, and PKCE, have discussed their risks, rewards and benefits of the project and PKCE's total fee for services. Neither PKCE, nor their consultants, agents, or employees shall be jointly, severally or individually liable to CLIENT in excess of one hundred thousand ($ 100,000.00) by any act of omission, including breach of contract or negligence not amounting to willful or intentional wrong. A-2 12.2 If, due to PKCE's error, any required item or component of the project is omitted from the construction documents, PKCE's liability shall be limited to the difference between the cost of adding the item at the time of discovery of the omission and the cost had the item or component been included in the construction documents. In no event will PKCE be responsible for any cost or expense that provides betterment, upgrade or enhancement of the project. 12.3 CLIENT and PKCE mutually agree that PKCE's liability to CLIENT for all causes shall be limited to the proceeds from any insurance available to PKCE. ARTICLE 13-FIDUCIARY RESPONSIBILITY 13.1 CLIENT confirms that neither PKCE nor any of PKCE's subconsultants or subcontractors has offered any fiduciary service to the CLIENT and no fiduciary responsibility shall be owed to the CLIENT by PKCE crony of PKCE's subconsultants or subcontractors, as a consequence of PKCE's entering into this Agreement with the CLIENT. 13.2 If this Agreement is a subcontract to CLIENT'S agreement with OWNER, CLIENT also confirms that neither PKCE nor any of PKCE's subconsultants owes a fiduciary responsibility to the CLIENT or OWNER. CLIENT shall, as a material element of the consideration the Consultant requires performance of the services enumerated herein, require OWNER to formally recognize this provision in CLIENT's agreement with OWNER. ARTICLE 14 - INSURANCE 14.1 PKCE represents that it now carries and will continue during the terms of this Agreement to carry Workers Compensation, Comprehensive General Liability and Comprehensive Automobile Liability insurance required by the laws of the State of Texas. A current PKCE Insurance Certificate will be provided to the CLIENT, if requested. ARTICLE 15 - ASSIGNMENT 15.1 Unless otherwise noted, neither PKCE nor CLIENT shall assign this Agreement in whole or in part without the prior written consent of both parties. PKCE shall not subcontract any portion of the work to be performed hereunder, except that PKCE may use the services of persons and entities not in the employ of PKCE when it is appropriate and customary to do so. Such persons and entities include, but are not necessarily limited to, surveyors, specialized consultants, and testing laboratories. PKCE's use of others for additional services shall not be unreasonably restricted by CLIENT provided PKCE notifies CLIENT in advance. 15.2 PKCE may, at their discretion, assign this contract to a subsidiary of PKCE. PKCE shall notify CLIENT of their assignment at such time it takes place. ARTICLE 16 - NOTICES 16.1 Any notice given hereunder shall be deemed served when hand -delivered in writing to an officer or other duly appointed representative of the party to whom the notice is directed, or if sent by registered or certified mail or by a commercial courier service to the business address identified at the end of the Agreement. All notices shall be effective upon the date of receipt. ARTICLE 17 - STANDARD OF CARE 17.1 The standard of care for all professional engineering and related services performed or furnished by PKCE under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the some time and in the some locality. PKCE makes no warranties, express or implied, under this Agreement or otherwise, in connection with PKCE's services. ARTICLE 18-OTHER PROVISIONS 18.1 The Agreement (including attached schedules) constitutes the sole and entire agreement between PKCE and CLIENT. This Agreement replaces and supersedes all prior discussions and agreements between the CLIENT and PKCE with respect to the matters contained herein. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument signed by both CLIENT and PKCE. 18.2 Any signature of or pursuant to this Agreement, shall be considered for all purposes an original signature and of the some legal effect as an original, provided that at the request of a party any signature sent by facsimile or email shall be subsequently confirmed by an original re -execution. 18.3 All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. 18.4 Any provision or part of the Agreement held to be void or unenforceable under any Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon CLIENT and PKCE, which agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 18.5 CLIENT shall not rely in any way on any Document unless it is issued in final form, signed or sealed by PKCE or one of its Consultants. 18.6 A party's non -enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 18.7 To the fullest extent permitted by law, all causes of action arising under this Agreement shall be deemed to have accrued, and all statutory periods of limitation shall commence, no later than the date of Substantial Completion. By executing this agreement, PKCE and CLIENT indicate their acceptance and agreement with its terms. im City of Anna By: _ Name: Title: Date: By: Name: Mark A. Pacheco, P.E., R.P.L.S. Title: President Date: November 21, 2017 A-3 PROPOSAL FOR LANDSCAPE ARCHITECTURAL SERVICES 18 December 2017 This is a proposal submitted by KENDALL + Landscape Architecture (called Landscape Architect), address: 8150 North Central Expressway, Suite M2025, and Dallas, Texas 75206. City of Anna (called Owner) agrees to employ the Landscape Architect to provide professional services for the landscape development associated with the Anna Business Park. I. PROJECT DESCRIPTION A. South Business Park Entry. Be Monument Signage C. Signage landscape, irrigation and lighting selection. 11. SCOPE OF SERVICES The Landscape Architect will provide the following Landscape Architectural services: A. Schematic Design 1. Conduct a project initiation meeting with Owner to establish the design intent and program requirements. Obtain all available site information and budget considerations. 2. Conduct a site analysis to understand the opportunities and constraints inherent in the site. 3. Prepare a schematic design plan and graphics that include: a. Monument Signage b. Planting design c. Irrigation d. Lighting selection 4. Prepare preliminary cost estimates for the schematic design solution. 5. Review the plan and estimates with the Owner and other Consultants for input and approval to proceed. Be Construction Documents 1. Prepare final construction documents for the Hardscape items: a. Horizontal control for the monument sign b. Lighting fixture selection at the sign. 2. Prepare final construction documents for the Softscape items: a. Final planting plans for the project, including locations and identification of all plant materials and plant list showing quantities, sizes, varieties and conditions of materials. b. Final irrigation plans for the project. 3. Details. 4. Technical specifications. 5. Prepare bidding documents. 6. Coordinate work with the consultants. 7. Review all work with the Owner and Consultants for input and approval before issue of bidding set. III. COMPENSATION A. See Schedule "A" attached for compensation. Be Usual reimbursable will rbe charged at 1.1 times direct cost. Usual reimbursable include such items as printing, out-of-town travel, lodging and other living expenses while out of town, copies, long distance phone calls, mileage at 55.5 cents per mile, and other items solely related to the production of the project. Co Fees will be charged monthly for the percentage of work completed plus reimbursable expenses incurred. D. Payment is due upon 30 days of receipt and is payable to the offices of Kendall + Landscape Architecture, 8150 North Central Expressway, Suite M2025, Dallas, Texas 75206. V. ADDITIONAL SERVICES A. Payment for such services will be mutually agreed to prior to initiating the services and will be billed on same monthly basis plus reimbursable expenses. Be Hourly rates for additional services shall be billed as shown below: ANNA ECONOMIC DEVELOPMENT CORPORATION KENDALL +Landscape Architecture ANNA BUSINESS PARK ENTRY —ANNA, TEXAS PROPOSAL-1 Principal $140.00 per hour Draftsman $85.00 per hour Clerical $60.00 per hour C. The following additional services may be included in this scope of services if authorized in writing by the Owner. 1. Revisions to drawings previously approved by the Owner. 2. Services of consultants other than stated above. 3. Preparation of as -built drawings. 4. Construction surveying, staking, and verification. 5. Public presentations and additional presentations beyond those outlined above. 6. Assist the Owner in making decisions on all claims except those regarding the scope of work stated in this contract. 7. Representation in litigation and/or negotiations. 8. Changes to drawings caused by inaccurate survey information. 9. Change Orders as caused by participants other than the Landscape Architect. 10. Bidding and Construction Observation. 11. Lighting electrical design and documentation. 12. Planned Development creation or existing modification. 13. ONCOR easement and TXDOT revisions. V. OWNER'S RESPONSIBILITIES A. The Owner will provide full information about requirements for this part of the project including the program requirements and layouts of known site features or restrictions. Be The Owner will furnish the Landscape Architect with a copy of the certified survey of the site showing information pertinent to this part of the project. C. If, during any visit to the project, the Owner or his representative observes or otherwise becomes aware of any defect in this project, prompt written notice will be sent to the Landscape Architect. VI. TERMINATION OF AGREEMENT A. This agreement is terminated upon written notification from the Owner. It also may be terminated by either party upon seven (7) days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the other. Be In the event of termination due to the fault of others than the Landscape Architect, the Landscape Architect shall be paid for services performed to termination date, including reimbursements then due, plus terminal expenses necessary to end these services and send any pertinent documents to the Owner. VII. INITIATION If the Agreement is satisfactory, the Owner can initiate the services described above by signing both copies and returning one copy for the Landscape Architect's file. The Landscape Architect will initiate these services upon receipt of that authorization. Respectfully submitted, Michael S. Kendall, ASLA KENDALL +Landscape Architecture 18 December 2017 ANNA ECONOMIC DEVELOPMENT CORPORATION KENDALL +Landscape Architecture ANNA BUSINESS PARK ENTRY—ANNA, TEXAS PROPOSAL-2 Accepted Printed Name Title Date ANNA ECONOMIC DEVELOPMENT CORPORATION KENDALL +Landscape Architecture ANNA BUSINESS PARK ENTRY —ANNA, TEXAS PROPOSAL-3 SCHEDULE"A" 18-Dec-17 The Landscape Architect shall be compensated as follows: 1. Schematic Design $3,200.00 2. Construction Documents $21800.00 Total Design Fee $6,000.00 ANNA ECONOMIC DEVELOPMENT CORPORATION KENDALL +Landscape Architecture ANNA BUSINESS PARK ENTRY —ANNA, TEXAS SCHEDULE "A" - 1 ECONOMIC DEVELOPMENT CORPORATION AGENDA ITEM: Item No. 6. EDC Agenda Staff Report MeetinV Date: 2/1 /2018 Staff Contact: Jessica Perkins a. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072). b. Consult with legal counsel on matters in which the duty of the attorney to the government body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the government Code (Tex. Gov't Code §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); Anna Business Park; Potential Economic Development Agreement. SUMMARY: STAFF RECOMMENDATION: ECOh�or.�lc DEVELOPMENT CORPORATION AGENDA ITEM: Item No. 7. EDC Agenda Staff Report MeetinV Date: Staff Contact: Perkins 2/1 /2018 Jessica Consider/Discuss/Action regarding approving minutes from the January 11, 2018 meeting. SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description 1-11-2018 EDC Minutes Upload Date Type 1 /25/2018 Backup Material ECONOMIC DEVELOPMENT CORPORATION MINUTES OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION Thursday, January 11, 2018 The Anna Economic Development Corporation ("EDC") of the City of Anna met at 5:00 p.m.', on Thursday, January 11, 2018, 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 6:38 p.m. After roll call and a declaration that a quorum was present, the floor was open for business. Directors in attendance: Alonzo Tutson, Brent Thomas, Connie Stump, Nate Pike, Doug Hermann, Anthony Richardson, and James Gurski. Directors in Abstention: none all present Staff in attendance: Clark McCoy, legal counsel for the CDC and EDC boards; Jessica Perkins, Chief Administrative Officer and Lauretta Blacketer, secretary. 2. Citizen Comments. None 3. Consider/Discuss/Action regarding adopting a resolution authorizing a professional services agreement with the City of Anna Parks Department for mowing and landscape services for property at 312 North Powell Parkway. Motion made by Anthony Richardson to approve. The motion was seconded by Brent Thomas. Motion passed. 4. CLOSED SESSION (EXCEPTIONS) a. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072). b. Consult with legal counsel on matters in which the duty of the attorney to the government body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the government Code (Tex. Gov't Code §651.071). c. Discuss or deliberate Economic Development Negotiations: [Type text] � 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 LEGALNOTICE: 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. 1-11-2018 Reg EDC Meeting —Page 1 (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 (2I To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1) (Tex. Gov't Code §651.087); Anna Business Park. Alonzo Tutson made a motion to enter closed session. Jim Gurski seconded the motion. All in favor. The board enter closed session at 6:54pm. After the business at hand was discussed, Alonzo Tutson made a motion to return to open session. Jim Gurski seconded the motion. All in favor. The board returned to open session at 7:23pm 5. Consider/Discuss/Action adopting the minutes from November 2, 2017 and December 7, 2017 meetings. Alonzo Tutson made a motion to adopt the minutes as written. Brent Thomas seconded the motion. Motion passed. Brent Thomas made a motion to adjourn the meeting. Alonzo Tutson seconded the motion and the meeting adjourned at 7:23 p.m. APPROVED: Constance Ann Stump President of EDC ATTESTED: Lauretta Blacketer Secretary of EDC � 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. 0141-2018 Reg EDC Meeting —Page 2