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HomeMy WebLinkAbout2018-02-27 Regular Meeting Packet AGENDA Regular City Council Meeting Tuesday, February 27, 2018 @ 7:30 P M A nna City Hall, Council Chambers 111 N. P owell P arkway, Anna, Texas 75409 T he City Council of the City of A nna will meet in R egular S ession at 7:30 P M, on F ebruary 27, 2018, at the Anna C ity Hall, L ocated at 111 North Powell P arkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign-In-Sheet as a record of attendance. If you wi sh to speak on an open-session agenda i tem, please fill out the Opinion/Speaker Registration Form and turn it in to the Ci ty Secretary before the meeting starts. 1.Call to Order, Roll Call and Establishment of Quorum. 2.I nvocation and P ledge of A llegiance. 3.Citizen Comments. Citizens are allowed three mi nutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual informati on in response to a citizen's inquiry or to reci te existing poli cy i n response to the inquiry. 4.Receive reports from Staff or the City Council about items of community interest. Items of communi ty i nterest include: expressions of thanks, congratulations, or condolence; i nformation regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or publ ic empl oyment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or communi ty event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. 5.Consent I tems. These items consist of non-controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a.Approve Council Meeting Minutes for February 13, 2018. a 6.Discuss/Consider/Action on the next step for hiring a City Manager. a 7.Discuss/Consider/Action on B oards and Commissions composition (Mayor) a 8.C L O S E D S E S S I O N (E X C E P T I O NS ) Under Tex. Gov't Code Chapter 551, the City Counci l may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: The Council f urther reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings A ct. 9.Consider/Discuss/Action on any items listed on any agenda—work session, regular meeting, or closed session—that is duly posted by the C ity of A nna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. (I f there is no need to address any other such agenda item, the Mayor shall adjourn this meeting). 10.A djourn. There being no f urther business bef ore the Council, we will consider this meeting adjourned at ___________ p.m. T his is to certify that I , Carrie L . S mith, City S ecretary, posted this agenda at a place readily accessible to the public at the A nna C ity Hall and on the City Hall bulletin board at or before 5:00 p.m. on ___________________________________ Carrie L . S mith, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session c oncerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working day s prior to the meeting so that appropriate arrangements can be made. Item No. 5.a. City Council Agenda Staff Report Meeting Date: 2/27/2018 AG E ND A IT E M : A pprove Council Meeting Minutes for F ebruary 13, 2018. S UM M ARY: S TAF F RE C O M M E ND AT I O N: Item No. 6. City Council Agenda Staff Report Meeting Date: 2/27/2018 AG E ND A IT E M : Discuss/Consider/Action on the next step for hiring a City Manager. S UM M ARY: S TAF F RE C O M M E ND AT I O N: Item No. 7. City Council Agenda Staff Report Meeting Date: 2/27/2018 AG E ND A IT E M : Discuss/Consider/Action on B oards and Commissions composition (Mayor) S UM M ARY: Discuss the interview and appointment processes and procedures. S TAF F RE C O M M E ND AT I O N: AGENDA THE CITY OF Regular City Council Meeting AAAa Tuesday, February 27, 2018 @ 7:30 PM Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 The City Council of the City of Anna will meet in Regular Session at 7:30 PM, on February 27, 2018, at the Anna City Hall, Located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order, Roll Call and Establishment of Quorum. 2. Invocation and Pledge of Allegiance. 3. Citizen Comments. Citizens are allowed three minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve Council Meeting Minutes for February 3. (City Secretary) b. Approve a resolution approving the "Davis Redimix" development plat (Maurice Schwanke). c. Approve a resolution approving the "Dog Ranch Rescue" Development Plat (Maurice Schwanke). d. Approve a resolution approving an amended site plan for the Santa Anna Business Park located at 801 CR 286 (Maurice Schwanke). e. Approve appointment of an Acting City Manager. (Bill Shipp) f. Discuss/Consider/Action on an Ordinance adopting a new Rate Review Mechanism (RRM) tariff forAtmos. (Bill Shipp) 6. A) Conduct a public hearing to consider public comments regarding a request by Skorburg Company, owner(s) of the property. The property is currently zoned Planned Development Ordinance 129-2004 as amended by Ordinance number 627-2013 which allows commercial, multifamily and single family on the subject tract. The owner request to add to the Planned Development the right for Patio Homes (smaller lots) on a specific tract . The property is located east of Finley Blvd. and north of Sharp street. B) Consider/Discuss/Action on an ordinance regarding the request by the owner(s) of the property to add to the Planned Development Ordinance 129-2004 as amended by Ordinance number 627-2013 the right for patio homes on small lots on a specific tract. (Maurice Schwanke) 7. Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute a contract with Dickerson Construction Company, Inc. for the US 75 Utility Relocation Project. (Joseph Johnson) 8. Consider/Discuss/Action on a Resolution approving a Concept Plan for Natural Springs Park. (Maurice Schwanke) 9. Discuss/Consider/Action on appointments to the Neighborhood Design Advisory Committee. (City Council) 10. Discuss/Consider/Action on the next step for hiring a City Manager. (Bill Shipp) 11. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); b. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Manager c. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way, easements The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 12. Consider/Discuss/Action on any items listed on any agenda —work session, regular meeting, or closed session —that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. (If there is no need to address any other such agenda item, the Mayor shall adjourn this meeting). 13. Adjourn. There being no further business before the Council, we will consider this meeting adjourned at p.m. This is to certify that I, Carrie L. Smith, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. on February 23, 2018 Carrie L. Smith, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. THE CITY OF AiAtia AGENDA ITEM: Approve Council Meeting Minutes for February 3. (City Secretary) SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Item No. 5.a. City Council Agenda Staff Report Meeting Date: 2/27/2018 Description Upload Date Type Minutes 2/23/2018 Exhibit ANNA CITY COUNCI L MINUTES SPECIAL MEETING February 3, 2018 The City Council of the City of Anna met in a Special Meeting on the above date at Anna City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Call to Order. Mayor Pike called the meeting to order at 9: 00 a.m. 2. Presentation/Consider/Discuss/Action on the City Strategic Plan. (City Manager/City Council) A resolution reaffirming the City Strategic Plan will be brought back to Council at a future date. 3. Presentation/Consider/Discuss/Action on proposed City facilities. (Randall Scott) Randall Scott, Architect presented several layout options for City Facilities. Council discussion ensued. Council requested new designs to include police facilities in City Hall and a stand alone fire station. MOTION: Council Member Beazley moved to authorize Interim City Manager Shipp to execute a contract with Randall Scott Architect for full architect design and engineering services. Council Member Bryan seconded. Motion carried 7-0. 4. Presentation/Consider/Discuss/Action on financing options for City projects. (Dana Thornhill/Jim Sabonis) MOTION: Council Member Bryan moved to direct the City Manager to work with the Financial Adviser and Bond Counsel Representatives for issuance of Certificates of Obligation to finance a Municipal Complex and street projects; to be considered on February 13, 2018. Council Member Beazley seconded. Motion carried 7-0. 5. Consider/Discuss/Action on Charter Amendments presented in Charter Review Commission's Final Report. (Mayor) MOTION: Mayor Pike moved to table. Council Member Miller seconded. Motion carried 7-0. Adjourn. Approved on the February 27, 2018. Mayor Mike Crist ATTEST: City Secretary Carrie L. Smith THE CITY OF AiAtia AGENDA ITEM: Item No. 5.b. City Council Agenda Staff Report Meeting Date: 2/27/2018 Approve a resolution approving the "Davis Redimix" development plat (Maurice Schwanke). SUMMARY: The development plat is located within Anna's extraterritorial jurisdiction and generally known at 9535 County Road 286. The tract is located in the John Coffman Survey, Abstract No. 197 and contains approximately 147.083 acres of land. The owner is proposing to build a concrete batch plant on a portion of the property. The City of Anna does not have land use jurisdiction in the extraterritorial jurisdiction. The area does not have a substantial water source and therefore additional water service may need to be constructed for adequate operation. The submittal meets the City of Anna development plat requirements. The development plat shows a proposed thoroughfare traversing the property in accordance with the City's adopted Comprehensive Plan. The development plat was approved by the Planning and Zoning Commission. STAFF RECOMMENDATION: Approval of a Resolution approving the Davis Redimix Development Plat ATTACHMENTS: Description Location Map Resolution Approving the Development Plat for the Davis Redimix Addition Davis Redimix Addition Development Plat Upload Date Type 2/8/2018 Exhibit 2/21 /2018 2/8/2018 Resolution Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "DAVIS REDIMIX ADDITION" DEVELOPMENT PLAT" WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Clay Price has submitted an application for approval of the Davis Redimix Addition development plat; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Development Plat. The City Council hereby approves the Davis Redimix Addition development plat attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 27tn day of February 2018. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike / 1V6 0°00„w 40 I / / / N 33028'00" E 148.50' =1 / J / T o / / Right -of -Way ; / Reservation ti s' E o I °oCO Called 148.68 Acres CL a F. A. Miller a 1 CCF# 96-0023111 / o / D.R.C.C.T. / °� County Road 286 / (Proposed 120' Right -of -Way) Proposed Concrete Batch Plant 4.986 Acres 217,188 Square Feet 120.01 / S 32001'16" W / 433.84' / Right -of -Way\ / 1 / Reservation \ / 5/8" IRS / / � 1� \ S 08012'00" E 052 / POB TRACT # N 49.20' 6 6833� o / / 5/8" IRS SSA S S 38 24'38" E 150.88' E)sting Read C1' \ 5/8" IRS � S\ I Existing Road \o L \ 016 S3" Iy 3/8" IRS N 00040'16" E / 150.31' County Road 286 / S 63�3'07" W 1 (Proposed 120' Right -of -Way) / �2.0 / 5.36' 5 Radar 5 1a I / Right -of -Way �h°m aCt Numbe I / Reservation PbS�C Survey wl N°{mar` N O °hr ct 0 �o Pbstra / ri / o / Nam/ 1 z I� / N co / / I / I Right -of -Way Reservation / / Called 148.68 Acres 9 Y / / 4" ALUMINUM TXDOT �zp F. A. Miller MONUMENT FOUND / o / CCF# 96-0023111 D.R.C.C.T. ro O s o _ 0lo 3 / CD r IRF t / 95 ry o ro ro ° fu I .. ��°yX a / � 1 M I a 1 a W 0 N Cp� 1 CD / / I / / I N 02015'52" E 93.32' It r 89°05'08� - 2' 1/2" IRF - -_ _ _ - - - - - - - 317.34' 4" ALUMINUM TXDOT MONUMENT - _ FOUND Approximate Survey Line S 87044'00" E 1514.29, - I FC;FNn D.R.C.C.T. = Deed Records, Collin County, Texas CCF# = County Clerk's File Number IRF = Iron Rod Found IRS = Iron Rod Set TXDOT = Texas Department of Transportation CR = County Road POB = Point of Beginning POC = Point of Commencing REALSEARCH OF TEXAS, LLC P.O. Box 1006, Godley, Texas 76044 Ph. 817-937-2655, jdeal@realsearch.org, www.realsearch.org "Thou shalt not remove thy neighbor's landmark" Deut. 19:14 \ T PLS Firm Registration # 10158200 TBPE Firm Registration # 17968 Owner Davis REDI-MIX 9535 County Road 286 Anna, Texas 75409 POB TRACT I POC TRACT # 4" ALUMINUM TXDOT MONUMENT FOUND KIf1TGc 1. This is not to be construed as a boundary survey of the property and is not intended for the conveyance of real property. 2. This exhibit is not based on a full, on the ground field survey and is for planning purposes only. 3. The Proposed location of County Road 286 is scaled from the City of Anna Master Thoroughfare Plan and is not based on recorded documents. SCALE : 1"= 200' 0' 200' 400' Project Number: 180005 Revised Date: Revision Notes: Date: January 23, 2018 LEGAL DESCRIPTION TRACT I BEING a 147.083 acre tract of land situated in the John Coffman Survey, Abstract Number 197, Collin County, Texas, and being a portion of a called 148.68 acre tract of land described by deed to F. A. Miller, recorded in County Clerk's File Number 96-0023111, Deed Records, Collin County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 3" Aluminum Texas Department of Transportation Monument (TXDOT) found at the northwest corner of that certain tract of land (Parcel 47) as described in the Judgement of Court in Absence of Objection document to The State of Texas, recorded in County Clerk's File Number 20160812001055760, Deed Records, Collin County, Texas, being on West right-of-way line of State Highway Number 75, and being on the lower North line of said Miller tract, from which a TXDOT Monument found bears North 00 Degrees 43 Minutes 55 Seconds East, a distance of 12.50 Feet; THENCE North 62 Degrees 30 Minutes 50 Seconds West, along the lower North line of said Miller tract, a distance of 1554.37 feet, to an interior ell corner in said lower North line; THENCE North 17 Degrees 52 Minutes 00 Seconds East, departing said North line and along the upper East line of said called 148.68 acre tract, a distance of 613.14 feet, to a point for corner; THENCE North 33 Degrees 28 Minutes 00 Seconds East, continuing along said East line, a distance of 148.50 feet, to a point for corner; THENCE North 69 Degrees 20 Minutes 00 Seconds West, departing said East line and along the upper North line of said called 148.68 acre tract, a distance of 1130.40 feet, to a point for corner; THENCE Southerly, departing said North line and along the West line of said called 148.68 acre tract, the following bearings and distances: South 25 Degrees 08 Minutes 00 Seconds West, a distance of 1543.30 feet, to a point for corner; South 08 Degrees 12 Minutes 00 Seconds East, a distance of 49.20 feet, to a point for corner; South 38 Degrees 24 Minutes 38 Seconds East, a distance of 150.88 feet, to a 1/2" iron rod found; South 32 Degrees 18 Minutes 51 Seconds West, a distance of 196.93 feet, to a point for corner; South 58 Degrees 13 Minutes 00 Seconds East, a distance of 306.80 feet, to a point for corner; South 05 Degrees 52 Minutes 00 Seconds East, a distance of 788.60 feet, to a point for corner; South 77 Degrees 37 Minutes 00 Seconds East, a distance of 690.50 feet, to a point for corner; South 19 Degrees 04 Minutes 07 Seconds West, a distance of 800.28 feet, to a 1/2" iron rod found at the southwest corner of said called 148.68 acre tract; THENCE South 87 Degrees 44 Minutes 00 Seconds East, departing said West line and along the South line of said called 148.68 feet, a distance of 1514.29 feet, to a point for corner; THENCE North 02 Degrees 15 Minutes 52 Seconds East, continuing along said South line, a distance of 93.32 feet, to a point for corner; THENCE South 89 Degrees 05 Minutes 08 Seconds East, continuing along said South line, a distance of 317.34 feet, to a 4" TXDOT Monument found at the southwest corner of said called State of Texas (Parcel 47) tract, being the West right-of-way line of said State Highway Number 75; THENCE Northerly, departing said South line, and along the West line and along said West right-of-way line, the following bearings and distances: North 07 Degrees 27 Minutes 24 Seconds East, a distance of 696.35 feet, to a point for corner; North 10 Degrees 26 Minutes 42 Seconds East, a distance of 400.24 feet, to a 4" TXDOT Monument found; North 08 Degrees 26 Minutes 26 Seconds East, a distance of 500.00 feet, to a point for corner; North 00 Degrees 40 Minutes 16 Seconds East, a distance of 150.31 feet, to the POINT OF BEGINNING, and containing 147.083 acres or 6,406,944 square feet of land, more or less. TRACT II BEING a 4.986 acre tract of land situated in the John Coffman Survey, Abstract Number 197, Collin County, Texas, and being a portion of a called 148.68 acre tract of land described by deed to F. A. Miller, recorded in County Clerk's File Number 96-0023111, Deed Records, Collin County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 3" Aluminum Texas Department of Transportation Monument (TXDOT) found at the northwest corner of that certain tract of land (Parcel 47) as described in the Judgement of Court in Absence of Objection document to The State of Texas, recorded in County Clerk's File Number 20160812001055760, Deed Records, Collin County, Texas, being on West right-of-way line of State Highway Number 75, and being on the lower North line of said Miller tract, from which a TXDOT Monument found bears South 00 Degrees 40 Minutes 16 Seconds West, a distance of 150.31 feet; THENCE North 62 Degrees 30 Minutes 50 Seconds West, along the lower North line of said Miller tract, a distance of 1554.37 feet, to an interior ell corner in said lower North line; THENCE Southwesterly, departing said North line and over and across said Miller tract, the following bearings and distances: South 32 Degrees 01 Minutes 16 Seconds West, a distance of 433.84 feet, to a 5/8" capped iron rod set, being the POINT OF BEGINNING; South 18 Degrees 13 Minutes 07 Seconds West, a distance of 410.00 feet, to a 5/8" capped iron rod set; South 63 Degrees 13 Minutes 07 Seconds West, a distance of 35.36 feet, to a 3/8" capped iron rod set, from which a 1/2" iron rod found at an interior ell corner on the West line of said Miller tract bears South 02 Degrees 32 Minutes 48 Seconds West, a distance of 946.00 feet; North 71 Degrees 46 Minutes 53 Seconds West, a distance of 475.00 feet, to a 5/8" capped iron rod set; North 18 Degrees 13 Minutes 07 Seconds East, a distance of 435.00 feet, to a 5/8" capped iron rod set, from which a 1/2" iron rod found on the West line of said Miller tract bears South 68 Degrees 52 Minutes 54 Seconds West, a distance of 683.30 feet; South 71 Degrees 46 Minutes 53 Seconds East, a distance of 500.00 feet, to the POINT OF BEGINNING, and containing 4.986 acres or 217,188 square feet of land, more or less. DEVELOPMENT PLAT DA VIeS° REDIMIX ADDITION BEING 147.083 ACRES OF LAND situated in the John Coffman Survey, Abstract Number 197, Collin County, Texas. © copyright 2018, Realsearch of Texas, LLC Sheet 1 of 1 THE CITY OF AiAtia AGENDA ITEM: Item No. 5.c. City Council Agenda Staff Report Meeting Date: 2/27/2018 Approve a resolution approving the "Dog Ranch Rescue" Development Plat (Maurice Schwanke). SUMMARY: The development plat for your review is located within Anna's exterritorial jurisdiction and generally known as 10030 County Road 288. The tract is located in the J.M. Kincaid Survey, Abstract No. 509 and contains approximately 5 acres of land. The owner is proposing a non-profit dog rescue facility. The City of Anna does not have land use jurisdiction in the extraterritorial jurisdiction. The submittal meets the City of Anna development plat requirements and shows the appropriate right- of-way reservation for the adjacent thoroughfare. STAFF RECOMMENDATION: Approval of a Resolution approving the Dog Ranch Rescue Addition development plat. ATTACHMENTS: Description Location Map Resolution Approving the Development Plat for the Dog Ranch Rescue Addition Dog Ranch Rescue Addition Upload Date Type 2/8/2018 Exhibit 2/21 /2018 2/8/2018 Resolution Exhibit SIT 01•L /*iiwo WHITE STREET (F.M. 455) CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "DOG RANCH RESCUE ADDITION" DEVELOPMENT PLAT" WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Craig Bond has submitted an application for approval of the Dog Ranch Rescue Addition development plat; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Development Plat. The City Council hereby approves the Dog Ranch Rescue Addition development plat attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 27tn day of February 2018. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike OWNERS CERTIFICATE STATE OF TEXAS § COUNTY OF COLLIN § WHEREAS, DOG RANCH RESCUE INC. IS THE SOLE OWNER OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE J.M. KINCAID SURVEY, ABSTRACT NO. 509, COLLIN COUNTY, TEXAS, BEING A PART OF THAT CERTAIN CALLED 15.14 ACRE TRACT OF LAND DESCRIBED IN DEED TO KCKM PROPERTIES LLC, RECORDED IN DOCUMENT #20120328000359310, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY SOUTHWEST CORNER OF THE TRACT BEING DESCRIBED HEREIN AT A 1/2-INCH IRON ROD FOUND IN COUNTY ROAD 288 FOR THE NORTHWEST CORNER OF THAT CERTAIN CALLED 2.643 ACRE TRACT OF LAND DESCRIBED IN DEED TO KATHERINE ANN HUGHSTON AND DIANE HUGHSTON WEAVER, RECORDED IN DOCUMENT #94-0044976, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS AND THE MOST WESTERLY SOUTHWEST CORNER OF SAID 15.14 ACRE TRACT OF LAND; THENCE NORTH 06 DEGREES 09 MINUTES 29 SECONDS EAST, WITH THE WEST LINE OF SAID 15.14 ACRE TRACT OF LAND AND ALONG OR NEAR THE CENTER OF COUNTY ROAD 288, A DISTANCE OF 374.16 FEET TO A 1/2-INCH IRON ROD FOUND FOR AN ANGLE CORNER; THENCE NORTH 04 DEGREES 49 MINUTES 37 SECONDS EAST, CONTINUING WITH THE WEST LINE OF SAID 15.14 ACRE TRACT OF LAND AND THE CENTER OF COUNTY ROAD 288, A DISTANCE OF 24.80 FEET TO A 1/2 IRON ROD FOUND AT THE INTERSECTION OF COUNTY ROAD 288 AND A ROAD OR DRIVE HEADING SOUTHEAST FOR THE NORTHWEST CORNER OF SAID 15.14 ACRE TRACT OF LAND, THE SOUTHWEST CORNER OF THAT CERTAIN CALLED 15.14 ACRE TRACT OF LAND DESCRIBED IN DEED TO KIRK EDEN AND WIFE, RENEE EDEN, RECORDED IN DOCUMENT #20070531000735190, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS AND THE NORTHWEST CORNER OF SAID TRACT HEREIN DESCRIBED; THENCE ALONG SAID ROAD OR DRIVE, WITH THE NORTHEASTERLY LINE AND AN EAST LINE OF SAID KCKM 15.14 ACRE TRACT OF LAND AND THE SOUTHWESTERLY LINE AND A WEST LINE OF SAID EDEN 15.14 ACRE TRACT OF LAND, THE FOLLOWING CALLS AND DISTANCES: SOUTH 82 DEGREES 39 MINUTES 46 SECONDS EAST, A DISTANCE OF 49.16 FEET TO A POINT FOR CORNER; SOUTH 69 DEGREES 29 MINUTES 13 SECONDS EAST, A DISTANCE OF 158.16 FEET TO A POINT FOR CORNER; SOUTH 64 DEGREES 01 MINUTES 28 SECONDS EAST, A DISTANCE OF 95.09 FEET TO A POINT FOR CORNER; SOUTH 58 DEGREES 57 MINUTES 28 SECONDS EAST, A DISTANCE OF 101.82 FEET TO A POINT FOR CORNER; SOUTH 53 DEGREES 01 MINUTES 00 SECONDS EAST, A DISTANCE OF 118.84 FEET TO A POINT FOR CORNER; SOUTH 43 DEGREES 02 MINUTES 29 SECONDS EAST, A DISTANCE OF 94.83 FEET TO A POINT FOR CORNER; SOUTH 33 DEGREES 07 MINUTES 35 SECONDS EAST, A DISTANCE OF 90.06 FEET TO A POINT FOR CORNER; SOUTH 25 DEGREES 50 MINUTES 28 SECONDS EAST, A DISTANCE OF 71.11 FEET TO A POINT FOR CORNER; SOUTH 06 DEGREES 07 MINUTES 41 SECONDS EAST, A DISTANCE OF 63.03 FEET TO A POINT FOR CORNER; SOUTH 01 DEGREES 56 MINUTES 40 SECONDS WEST, A DISTANCE OF 143.88 FEET TO A POINT FOR CORNER TO AN ANGLE POINT IN THE EAST LINE OF SAID 15.14 ACRE TRACT; THENCE SOUTH 52 DEGREES 36 MINUTES 55 SECONDS EAST, WITH A SOUTHWESTERLY LINE OF SAID EDEN 15.14 ACRE TRACT OF LAND AND A NORTHEASTERLY LINE OF SAID KCKM 15.14 ACRE TRACT OF LAND, A DISTANCE OF 221.31 FEET TO A 1/2-INCH CAPPED IRON ROD SET FOR THE SOUTHEAST CORNER OF SAID TRACT HEREIN DESCRIBED; THENCE NORTH 87 DEGREES 02 MINUTES 13 SECONDS WEST, SEVERING SAID KCKM 15.14 ACRE TRACT OF LAND, A DISTANCE OF 303.92 FEET TO A 1/2-INCH CAPPED IRON ROD SET IN THE EAST LINE OF SAID 2.643 ACRE TRACT OF LAND AND A WEST LINE OF SAID KCKM 15.14 ACRE TRACT OF LAND FOR THE SOUTHWEST CORNER OF SAID TRACT HEREIN DESCRIBED; THENCE NORTH 00 DEGREES 49 MINUTES 27 SECONDS EAST, WITH A WEST LINE OF SAID KCKM 15.14 ACRE TRACT OF LAND AND THE EAST LINE OF SAID 2.643 ACRE TRACT OF LAND, A DISTANCE OF 85.39 FEET TO A 1/2-INCH IRON ROD FOUND FOR THE MOST EASTERLY NORTHEAST CORNER THEREOF AND THE SOUTHEAST CORNER OF ALEXANDER CEMETERY; THENCE 02 DEGREES 09 MINUTES 43 SECONDS EAST, CONTINUING WITH A WEST LINE OF SAID KCKM 15.14 ACRE TRACT OF LAND AND WITH THE EAST LINE OF SAID ALEXANDER CEMETERY, A DISTANCE OF 296.49 FEET TO A 1/2-INCH CAPPED IRON ROD FOUND FOR THE NORTHEAST CORNER THEREOF AND AN ELL CORNER OF SAID KCKM 15.14 ACRE TRACT OF LAND; THENCE 87 DEGREES 39 MINUTES 40 SECONDS WEST, WITH THE NORTH LINE OF SAID ALEXANDER CEMETERY, A DISTANCE OF 293.62 FEET TO A 1/2-INCH CAPPED IRON ROD FOUND FOR THE NORTHWEST THEREOF AND AN ELL CORNER OF SAID KCKM 15.14 ACRE TRACT OF LAND; THENCE SOUTH 01 DEGREES 55 MINUTES 29 SECONDS WEST, WITH THE WEST LINE OF SAID ALEXANDER CEMETERY, A DISTANCE OF 76.35 FEET TO A 5/8-INCH IRON ROD FOUND FOR THE MOST NORTHERLY NORTHEAST CORNER OF SAID 2.643 ACRE TRACT OF LAND AND A REENTRANT CORNER OF SAID KCKM 15.14 ACRE TRACT OF LAND; THENCE NORTH 78 DEGREES 59 MINUTES 28 SECONDS WEST, WITH THE NORTH LINE OF SAID 2.643 ACRE TRACT OF LAND, A DISTANCE OF 246.90 FEET TO THE POINT OF BEGINNING AND ENCLOSING 5.00 ACRES OF LAND MORE OR LESS. OWNERS CERTIFICATION NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS THAT DOG RANCH RESCUE INC. DOES HEREBY ADOPT THIS PLAT DESIGNATING THE HEREIN DESCRIBED PROPERTY AS DOG RANCH RESCUE ADDITION, AN ADDITION TO THE ETJ OF THE CITY OF ANNA, TEXAS, AND DOES HEREBY DEDICATE, IN FEE SIMPLE, TO THE PUBLIC USE FOREVER, THE STREETS AND ALLEYS SHOWN THEREON. THE STREETS AND ALLEYS ARE DEDICATED FOR STREET PURPOSES. THE EASEMENTS AND PUBLIC USE AREAS, AS SHOWN, ARE DEDICATED FOR THE PUBLIC USE FOREVER, FOR THE PURPOSES INDICATED ON THIS PLAT. IN ADDITION, UTILITY EASEMENTS MAY ALSO BE USED FOR THE MUTUAL USE AND ACCOMMODATION OF ALL PUBLIC UTILITIES DESIRING TO USE OR USING THE SAME UNLESS THE EASEMENT LIMITS THE USE TO PARTICULAR UTILITIES, SAID USE BY PUBLIC UTILITIES BEING SUBORDINATE TO THE PUBLIC'S AND CITY OF ANNA'S USE THEREOF. THE CITY OF ANNA AND PUBLIC UTILITY ENTITIES SHALL HAVE THE RIGHT TO REMOVE AND KEEP REMOVED ALL OR PARTS OF ANY BUILDINGS, FENCES, TREES, SHRUBS, OR OTHER IMPROVEMENTS OR GROWTHS WHICH MAY IN ANY WAY ENDANGER OR INTERFERE WITH THE CONSTRUCTION, MAINTENANCE, OR EFFICIENCY OF THEIR RESPECTIVE SYSTEMS IN SAID EASEMENTS. THE CITY OF ANNA AND PUBLIC UTILITY ENTITIES SHALL AT ALL TIMES HAVE THE FULL RIGHT OF INGRESS AND EGRESS TO OR FROM THEIR RESPECTIVE EASEMENTS FOR THE PURPOSE OF CONSTRUCTING, RECONSTRUCTING, INSPECTING, PATROLLING, MAINTAINING, READING METERS, AND ADDING TO OR REMOVING ALL OR PARTS OF THEIR RESPECTIVE SYSTEMS WITHOUT THE NECESSITY AT ANY TIME OR PROCURING PERMISSION FROM ANYONE. THAT THE UNDERSIGNED DOES HEREBY COVENANT AND AGREE THAT HE (THEY) SHALL CONSTRUCT UPON THE FIRE LANE EASEMENTS, AS DEDICATED AND SHOWN HEREON, A HARD SURFACE AND THAT HE (THEY) SHALL MAINTAIN THE SAME IN A STATE OF GOOD REPAIR AT ALL TIMES AND KEEP THE SAME FREE AND CLEAR OF ANY STRUCTURES, FENCES, TREES, SHRUBS, OR OTHER IMPROVEMENTS OR OBSTRUCTION, INCLUDING BUT NOT LIMITED TO THE PARKING OF MOTOR VEHICLES, TRAILERS, BOATS, OR OTHER IMPEDIMENTS TO THE ACCESS OF FIRE APPARATUS. THE MAINTENANCE OF PAVING ON THE FIRE EASEMENTS IS THE RESPONSIBILITY OF THE OWNER, AND THE OWNER SHALL POST AND MAINTAIN APPROPRIATE SIGNS IN CONSPICUOUS PLACES ALONG SUCH FIRE LANES, STATING "FIRE LANE, NO PARKING." THE POLICE OF HIS DULY AUTHORIZED REPRESENTATIVE IS HEREBY AUTHORIZED TO CAUSE SUCH FIRE LANES AND UTILITY EASEMENTS TO BE MAINTAINED FREE AND UNOBSTRUCTED AT ALL TIMES FOR FIRE DEPARTMENT AND EMERGENCY USE. THE UNDERSIGNED DOES COVENANT AND AGREE THAT THE ACCESS EASEMENT MAY BE UTILIZED BY ANY PERSON OR THE GENERAL PUBLIC FOR INGRESS AND EGRESS TO OTHER REAL PROPERTY, AND FOR THE PURPOSE OF GENERAL PUBLIC VEHICULAR AND PEDESTRIAN USE AND ACCESS, AND FOR FIRE DEPARTMENT AND EMERGENCY USE, IN ALONG, UPON, AND ACROSS SAID PREMISES, WITH THE RIGHT AND PRIVILEGE AT ALL TIMES OF THE CITY OF ANNA, ITS AGENTS, EMPLOYEES, WORKMAN, AND REPRESENTATIVES HAVING INGRESS, EGRESS, AND REGRESS IN, ALONG, UPON, AND ACROSS SAID PREMISES. THIS APPROVED SUBJECT TO ALL PLATTING ORDINANCES, RULES, AND REGULATIONS OF THE CITY OF ANNA, TEXAS. WITNESS, MY HAND AT THIS THE DAY OF 20 REPRESENTATIVE FOR DOG RANCH RESCUE INC STATE OF § COUNTY OF § BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR THE STATE OF , ON THIS DAY PERSONALLY APPEARED , KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE EXECUTED THE SAME FOR THE PURPOSE AND CONSIDERATION THEREIN EXPRESSED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF 120 NOTARY PUBLIC MY COMMISSION EXPIRES I, J.E. THOMPSON II, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF TEXAS, DO HEREBY CERTIFY THAT THIS PLAT WAS PREPARED FROM AN ACTUAL SURVEY ON THE GROUND AND THAT ALL CORNERS ARE SET WITH 1/2" CAPPED IRON RODS OR FOUND AS INDICATED. C w�Y J.E. THOMPSON II, R.P.L.S. TEXAS REGISTRATION NO. 4857 E OF T Fes, STER�+��\� ..................... J.E. THOMPSON 4857 P �� O O�fss�Jk, S'uR�i N 0' 60' 120' 1/2" I R F J QO QO N �I v 0.367 ACRES 40' R.O.W. DEDICATION tO r M W _N 1 O ' 0 cc o Z I 1 I 1� I I 1 _ H + LEGEND • = PROPERTY CORNER CIRF = CAPPED IRON ROD FOUND = BENCHMARK IRF = IRON ROD FOUND ❑i = TELEPHONE/UTILITY RISER (TR/UR) CIRS = CAPPED IRON ROD SET 17 = BURIED CABLE MARKER (BCM) MFCP = METAL FENCE CORNER POST = TELEPHONE MANHOLE (TMH) WFCP = METAL FENCE CORNER POST f( = POWER/UTILITY POLE (PP/UP) ( ) = PLAT/DEED CALLS 0 = LIGHT POLE (LP) POB = POINT OF BEGINNING c- = GUY WIRE (GUY) R.O.W. = RIGHT-OF-WAY awLr = ELECTRIC VAULT (VLT) i I = CONCRETE SURFACE = ASPHALT SURFACE = GRAVEL SURFACE FTR-ANl = ELECTRIC TRANSFORMER (TRAN) 0 = WATER METER (WM) =WATER VALVE (WV) PROPOSED CULVERT PROPOSED GRAVEL DRIVE I o I W it 209.3' N Itwo Z PROPOSED PORT -A -CACHE 40.0' _ -OHU- -OHU- - �x x- x_ x N 78 059 '1 -�--s_ W 246, 90 P�0 zl 0l GCS ���0� �01°Stkp506p3 P.�• CERTIFICATE OF APPROVAL APPROVED THIS THE DAY OF , 20 BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS. MAYOR CITY SECRETARY Zq Z � QRDPpsF.D g�G' .o LOT 1, BLOCK A 4.633 ACRES CALLED 5.00 ACRES DOG RANCH RESCUE INC. DOC. #20171030001444950 PART OF A KCKM PROPERTIES LLC DOC #20120328000359310 CALLED 15.14 ACRES O.P.R.C.C.T. LINETYPE LEGEND PROPERTY LINE _ EASEMENT LINES= - - - - - - - - - - - - - DEED/LOT LINES = ADJOINER LINES = - - OVERHEAD UTILITY = -OHU- - ASPHALT ROAD = GRAVEL ROAD = - - - - - - - FENCE LINES = X X - -DFR. 1/ 2 " CIRF N 87039'40" W 293-62' SURVEYOR JOHN E. THOMPSON, II ALL AMERICAN SURVEYING 111 N. DIXON ST. GAINESVILLE, TX 76240 940-665-9105 OWNER / DEVELOPER DOG RANCH RESCUE, INC. 10030 CR 288 ANNA, TX 75409 LINE BEARING DISTANCE L1 N 04'49'37" E 24.80 L2 S 82'39'46" E 49.16 L3 S 69'29'13" E 158.16' L4 S 64'01'28" E 95.09' L5 I S 58'57'28" E 101.82' L6 S 53'01'00" E 118.84' L7 S 43'02'29" E 94.83' L8 S 33'07'35" E 90.06' L9 S 25'50'28" E 71.11' L10 S 06'07'41 " E 63.03' L11 S 01-56'40" W 1 143.88' CRq FM 455 TI A O7 cn N E FORK PJ� RO 5724 SITE CR 210 VICINITY MAP (NOT TO SCALE) �OS� P��00� 01SS,�o,O OpG GP��OppQ � p. \OyU__ \{` �Lo I � � x FLOOD STATEMENT: I HAVE EXAMINED THE F.E.M.A. FLOOD INSURANCE RATE MAP FOR THE TOWN I r OF WESTON, COLLIN COUNTY, TEXAS, COMMUNITY NUMBER 481324, EFFECTIVE DATE 06-02-09 i AND THAT MAP INDICATES THAT THIS PROPERTY IS WITHIN "NON -SHADED ZONE X" DEFINED AS C "AREAS DETERMINED TO BE OUTSIDE 0.2% ANNUAL CHANCE FLOODPLAIN" AS SHOWN IN PANEL �p II 0155 J OF SAID MAP. THIS FLOOD STATEMENT DOES NOT IMPLY THAT THE PROPERTY AND/OR N ° iL STRUCTURES THEREON WILL BE FREE FROM FLOODING OR FLOOD DAMAGE, ON RARE T OCCASIONS, GREATER FLOODS CAN AND WILL OCCUR AND FLOOD HEIGHTS MAY BE INCREASED BY MAN-MADE OR NATURAL CAUSES. THIS FLOOD STATEMENT SHALL NOT CREATE LIABILITY ON W THE PART OF THE SURVEYOR. O I I I J 0 N o j � IO Z 26.1' 1 '/�„ �+ 26.6' E41 XISTING BLDG. I,pX\k 24.0' X 12.0' \ tS? a �OHU� +\� W 6' S -OHU_ cm I V F CM � � 1 0 Lo CD co 0 z � N 87002113" W 1303.921 G OQ����00� 590�0 Opp QO� O,�S,GG�. DEVELOPMENT PLAT DOG RANCH RESCUE ADDITION BEING 5.000 ACRES IN THE J.M. KINKAID SURVEY ABSTRACT NO. 509 ETJ OF THE CITY OF ANNA COLLIN COUNTY, TEXAS THE CITY OF AiAtia AGENDA ITEM: Item No. 5.d. City Council Agenda Staff Report Meeting Date: 2/27/2018 Approve a resolution approving an amended site plan for the Santa Anna Business Park located at 801 CR 286 (Maurice Schwanke). SUMMARY: The original approved site plan included six buildings. The purpose of the amended site plan submittal is to build only five buildings to allow semi -trucks and/or small delivery trucks to have better access for loading and/or unloading. Three of the original six buildings have been constructed. STAFF RECOMMENDATION: Approval of a Resolution Approving an Amended Site Plan of the Santa Anna Business Park. ATTACHMENTS: Description Location Map Resolution Approving the Site Plan of the Santa Anna Business Park Exhibit 1 -Amended Site Plan Original Site Plan Upload Date Type 2/9/2018 Exhibit 2/22/2018 2/9/2018 2/9/2018 Resolution Exhibit Exhibit SITE WHITE STREET (F.M. 455) CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SITE PLAN OF SANTA ANNA BUSINESS PARK. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III-C of the Anna City Code of Ordinances ("Zoning Ordinance"); and WHEREAS, Luigi Carleo has submitted an application for approval of an amended site plan of the Santa Anna Business Park; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Site Plan The City Council hereby approves the site plan of Santa Anna Business Park attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 27', day of, 2018. ATTEST: APPROVED: Carrie Smith, City Secretary Mayor, Nate Pike JEA I 20' LANDSCAPE EASEMENT Lot 1-R-1, Block A h Replat of Lot 1 -R & 2 fI I I Lot 2-R, Block A I� __ -_ =_- _ _-_ - - _ -- - -� "- - Block A. Replat of Affi Addition z { I I 12'DIA.LGHT.BASE City of Anna I{ I I712.27 Collin County, Texas I 25 DRAINAGE & o I I ( II UTILITY EASEMENT PER I 35' ACCESS EASEMENT PER - IJE( XIST• SSMH. PLAT FILED IN VOL. N, PG. 122VOL. 5321, P 6811 OP EL. 711.83'---------a f — — — — — ----------1OE OE OE --= E - 0E OE OE -_ OE OE OE OEk— OE —i-- OE -- C - OE OE OE OE OE L 5/8'IRF ° ° °----712° N39 40 1 E 320.00 � -- - --- 5/8'IRFNORTH /71 .- i 5' DRAINAGE, UTILITY & ACCESS EASEMENT 0' 40' 80' 120' �o pi ' Ir - PER PLAT FILED IN DOC. #2002-0134415 713° - ° I I I W SEE CURB OPENING 712, SCALE: 1 "=40' 'n DETAIL, SHT. C-1 .0 EDGE OF ASPHALT 200'-0" z 0 3 ; m — - r` i o rri l { m 1 PROP. SHORT { ' _ HGT. RET. WALL p of BLDG. °°1 oa I I 714, �' I ` I I _ W m 5 '_0 F.F. ELEVo 715.50' 1 — ►v I 0 I 00 I I 12" M -- 2 1/2" GALVANIZED STEEL PIPE LEGEND POWER POLE sS SANITARY SEWER MANHOLE 0 TELEPHONE PEDESTAL N WATER VALVE XXX------ EXISTING CONTOUR ELEVATION ---- t� EXISTING RUNOFF FLOW DIRECTION FH EXISTING FIRE HYDRANT FOR CURB OPENING DETAIL REFER TO SHEET C-1.0 PROVIDE & INSTALL CONC. w HEADWALL - TYPE B I i I- - , - \\ ( 25 FEET - // Cr 00 s N� C 4Ft. SIDEWALK Minimum of 24 feet FIREILANE FIRE LANE f �a Q I' LOT 1 R 0", W I / 0, PROVIDE & INSTALL 2�', I' I I� " /' ti� lo— _ BLOCK A N O A I N G I LAN 40Lf. OF 24" 0 RCP I 1 FIRE LANE nrce LANE��0 I \ STORM PIPE � o�p ij .. �l ® 00 I I 4Ft. SIDEWALK / 716' - 1. The fire chief is Authorized to Designate Fire Lanes 2. Fire Lanes shall be marked by six inch (6") wide lanes .using red traffic paint, with the wording "NO PARKING" and "FIRE LANE" painted on the Tines at intervals PROVIDE & INSTALL CONC. 0 { I I W _ of twenty-five feet (25'). The lettering will be four inches (4") high with a one inch HEADWALL - TYPE B I I W - 713° -- - - -- -- - I (1") wide stroke painted with white traffic paint. m { o W BLDG.°� 3. Fire Lanes shall be a minimum of twentyfour-feet (24') in width. -- -- — — - m -- — — I E,(E° ELEV: 71 �.�®° _ T/C / V LO W / 0 I -- - - - - - - 714.35' I TOW. ry. � / I \� I� N89°45°0®°°E 324.07° - � i 71 6.15' _- _ -- 717' o 1I _ 714.95' _I 1 - 200 -0 I I PROP. DOUBLE DUMPSTER ENCLOSURE \� m EXIST. EDGE OF CONC, PAVM T. .�----� -� ,` \ I _ _ T/C Ld rn I I III 715.14' f/ o EXIST. EDGE U o r., OF u CONC. PAVMT. EXI ST. ELECTRIC Z. . � �,�I � �� \ h / TRANSFORMER I { d 7-T/ T TT-/� TTT/ T-/T 7TT T �.T� T/ m I I = e v �, ® Thomas Rattan Survey ® o J g Abstract No. 782 1 I I p I City of Anna \ EXIST. COMMERCIAL BUILDING o/I Collin County, Texas F.F. ELEV: 716.78' ./ o FL 24" RCP=714.67' ' N LL T �T �{ �~ T.B.M. EXIST. SHORT J "BOX AND X CUT" LOST 2R HGT, RET. WALL / ELEVATION - 717,69' 1� FL 24" RCP=715.51'LL (%TT/ITT-/7TT/77-%TTT/TTT77TT7/ 9 I II EXIST. COMMERCIAL BUILDING /All F.F. ELEV: 717.63' /I ' II 0 II L1_z Z—/�� / /- //� L/—/—z Z—/—`� z_/1 Q I II � ry u / � II II II / — % i r / I/PTT/7TT'TTT, 7-- /T-;7 7T/�T, /T, /f i 77� II II EXIST. COMMERCIAL BUILDING u F.F. ELEV: 718.841 ' N' H II f / z ii -Z //- /_/1 Z_ -Z //1 ,' /1 _L /_11 Z_ /_Z EXIST. DUMPSTER u S89°40°14L3VJ 3�4.17° 1/2"IRF — — — — — I I 6"0 BOLLARDS 7' HIGH 8" CMU SCREEN WALL, PAINTED O .. 6" 0 BOLLARDS CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD C1 52.42' 171.45' 17°30'57" N09°16'22"E 52.21' 6" STEEL PIPE GATE POST "' " GALV. PIPE FRAMEWORK 4" CEDAR PICKETS RICK 6" STEEL PIPE GATE POST (OPTIONAL) W/ 3" GALV. PIPE FRAMEWORK WITH 4 CEDAR PICKETS DUMPSTER SCREEN N.T.S. NOTES: 1. LOCATION OF FIRE HYDRANTS TO BE DETERMINED BY OWNER AND INSTALLED BY OTHERS. 2. CONTRACTOR SHALL VERIFY LOCATION OF ENTRY APPROACH PRIOR TO CONSTRUCTION. 3. THE CONTRACTOR/OWNER'S REPRESENTATIVE SHALL NOTIFY THE ENGINEER OF ANY DISCREPANCIES BETWEEN ACTUAL SITE CONDITIONS AND THESE PLANS DOCUMENTS PRIOR TO CONSTRUCTION. 4. ALL SITE UTILITIES (I.E.: ELECTRICAL, PLUMBING, ETC.) BY OTHERS. 5. LOCATION OF DUMPSTER TO BE DETERMINED BY OWNER AND INSTALLED BY OTHERS. 6. LANDSCAPE/IRRIGATION DESIGN AND LAYOUT BY OTHERS. 6':6" 12" 9 9" 8., Y Vii:INITY MAP NOT TO SCALE • FOR • . • H C PARKING SPACE DETAIL X w X W P SIGN STOPS JAL IOUS STRIPING ALKS, PER PLAN TYP ,P SYMBOL CENTER ING SPACE FED STRIPES — TYPICAL 'ARKING LOCATIONS Y 8 12" H 12" 2'-6" — 6" 1'-6" 6" X H Y W HW18 2'-11" 2'-6" 2'-0" 4'-7/8" FOR 12",15",18" RCP USE' HW24 3'-6" 3'-0" 3'-0" 5'_ 4" FOR 21' ,24" RCP HW30 4'-8" 4'-0" 4'-0" 7'-6"" FOR 27",30" RCP HW36 4'-8" 4'-6" 6'-0" 9'-0" FOR 33" , 36" RCP ALL EDGES CHAMFERED 3/4" CONCRETE AND STEEL SPECIFICATIONS DESIGNED TO MEET TEXAS HIGHWAY DEPARTMENT STANDARDS HEADWALL - TYPE B N.T.S. BENCHMARK: INTERSECTION OF FM. 455 & ACCESS ROAD, (U.S. HWY. 75) CENTERLINE TOP OF CONCRETE HEADWALL, ELEV. 714.30 PLAT & BOUNDARY REF: HELVEY-WAGNER SURVEYING, INC. 222 W. MAIN ST• DENISON, TEXAS 75020 PH (903) 463-6191 FAX (903) 463-4088 EMAIL: helveysurvey®cobleone.net j vl o g O ' LL G ZZ Co o o is a) `o .. m LL . 3 a a 5 0 A Oi r O ID W co lj W s 0, ? ®r 0 m'� m a F II aI 0 x m U)o Fm X UIj Ic a REVISIONS: I DATE; Nov. 2017 DRAWN BY: CL DESIGN BY: EJG REVIEWED BY: EJG OF o E.J.GUTIERREZ° . .....� °o° 7696770 6GU� S SEAL The se 1 ppearing on this document was o onzed by E.J.' GUTIERREZ, P.E. 76967 ON 11/16/2017 alteration of a sealed document without proper notification 10 the responsible engineer is on offense under the Texas Engineering Practice Act. ` PROJECT No.. 274075 SHEET: y d x =1 CAPPED 0 40 ° SCALE: I" = 40' 0 0 VICINITY MAP MAPSCO PG. 4G N.T.S. PROPOSED RIGHT] OF WAY DEDICATION VARIABLE WIDTH 1 i t .j Lo pl o C\2 25' EXISTINGDRAINAGE ' UTILITY EASEMENT , 1 1 --------- 1 , 1 ' �v , 1 1 --=-- -------- L N 890 40' f 14 E 341. 03 CAPPED 5/8 " IRS ------------r----------- �/ {-------- _ -_ - 32.0.0_ _ I 24 FIRE LANE ---------- 1 2 A K N T I P 0 �tk t , 1 rn I � _ 1 o BUILDING -1 0 + 1 (D , 1 1 1 , 1 CO C') W ; o I D UM STER I Co' I Z 0 ,. 1 1 0 1 G ; OO I i I ,pl ! Y rn 225.00 E �. 1 PP BUILDING -2 o I co W R 1 1 0\2 i I 2 A K N T I P 9. 0 I � CL 1 �,.s e, ' ----I -------------- 24' FIRE LASE _-_-_- r_---._.___- Ivy 1 . o f wj � -------------- 25 1 + co tt'i ---- --- 2A K N T 9. 0 +I YQ �1 OQ & Cl - .00' $UJLDING -3 oo o ' +, 1 I + I e 1 1 1 of I I 0 1 t o I % C) D UMPSTE 0 , 1 1 PP , N i o (4i 1 , 1 I 225.00' 24 ,00'; o O 1 0 � BUILDING - 4 � I , o 1 I ; 1 I I J IW, K N T I P 9• 0+ D-100 05' 9 ► , I ' 24'-FIRE LANE _ _ _ R-299. 8 I o L - 52. 9 j 2 I P 9. 0 cn ' 1 I f 225.00' J � z r , BUILDING -5 o j a- PP o o -po 112 " IRF 1 p CL rn I rn cr) 1 1 1 0' 225.0 � 1 Q 1 0 o �� 1 BUILDING - 6 Q ' 1 , � 1 1 1 1 � , I 9.)o 1 3 3 2 A K N T P' 2 ` J _ o ' FI_R_ E LANE , d 1 g7.43 ; CAPPED 5/8 IRS DUMPSTER _ _ S 890 40 14'f W % f f 334.1 ( f DUMPSTER 1'-O" MIN. DUMPSTER BY OTHERS 14'-0" MIN. 1'-O" MIN. SLOPE 1'4"/FEET I=- 9 DUMPSTER PAD REQUIREMENTS 1) A CONCRETE PAD, FOURTEEN FEET (14') BY TWENTY FEET (20') OF 6" CONCRETE, 3000 PSI WITH #3 REBAR, 24" ON CENTER, SHALL BE PROVIDED FOR EACH TRASH RECEPTACLE OR DUMPSTER UNIT. 2) ALL TRASH RECEPTACLES SHALL BE SCREENED BY SIX FOOT (6') SCREENING FENCE OF REDWOOD MATERIAL OR MASONRY. 3) ALL TRASH RECEPTACLES ORIENTED PERPENDICULAR TO THE PRINCIPAL MEANS OF ACCESS TO SAID RECEPTACLE SHALL BE LOCATED IN SUCH A MANNER AS TO PROVIDE A MINIMUM TURNING RADIUS OF FORTY FEET (40') FOR THE COLLECTION VEHICLE. 4) ANY TRASH RECEPTACLE NOT PERPENDICULAR TO THE PRINCIPAL MEANS OF ACCESS TO SAID RECEPTACLE SHALL BE ORIENTED AS A THIRTY (30) DEGREE ANGLE FROM THE FIRE LANE, ALLEY, OF OTHER MEANS OF ACCESS. 5) A MINIMUM OF 42' OF UNINTERRUPTED BACK UP SPACE. 6) ALTERNATIVE DESIGN STANDARDS MUST BE APPROVED BY THE CITY PLANNING COMMISSION, ON RECOMMENDATION BY THE DIRECTOR OF PUBLIC SERVICES. DUMPSTER PAD DETAIL SCALE: N.T.S. ,n w a g A A PROPER 3; 4" SMOOTH DOWEL B 1/2" REDWOOD BAR W/CAP do GREASE 6" CURB —� 24 "_j L— J �o / #3 BAR ® 24" O.C.E.W. SAW CUT / SECTION A -A LINE ELEV. = TOP 1 /2" REDWOOD OF CURB + 0.20' FULL DEPTH #3 BARS 24" O.C.E.W. SAW CUT —3/4" SMOOTH DOWEL Ex!ST, PVMT. BAR W/CAP & GREASE CLASS "A" CONCRETE (6" THICK) #3 BARE SUBGRADE COM ACTED 24" LONG. 24- CTRS. TO 95% STD. PROCTOR EPDXY IN PLACE 1/2" 0 HOLE SECTION B-B TYP. NONRESIDENTIAL DRIVEWAY DETAIL SCALE: N.T.S. 2" RADIUS—z—, 6" 5" MIN. THICKNESS- (6" IN FIRE LANES do DUMPSTER PADS) 3000 PSI CONCRETE W/#3 BARS 24" O.C.E.W. TYP. PAVING DETAIL SCALE: N--. 3" C EXT. LIGHTING 400 WATT METAL HALIDE SAR3 MODEL AS MFR. BY KIM GROUT AND SETTING PLATE RE: MFR. BASE PLATE DETAIL #4 TIES ® 3" O.C. 1'* X 36" X 4" HOOK GALV. STEEL ANCHOR (4 TOTAL) 24" DIA. C.I.P. CONC. LIGHT POLE BASE. PROVIDE 3/4 CHAMFER AT EXPOSED EDGE CONDUITS {�4 TIES ® 12" O.C. AT REMAINDER (4) #6 VERTICAL LIGHT POLE DETAIL SCALE: N.T.S. 3 1 MAX. SLOPE 1/4" PER FOOT SLOPE STREET IOE�NALM PROPERTY LINE TYP. PARKWAY SECTION SCALE: N.T.S. PROJECT SUMMARY ZONING: C— 1 SITE AREA - 244,728 S.F. (5.6182 ACRES) BUILDING AREA BUILDING 1 13,500 S.F. BUILDING 2 13,500 S.F. BUILDING 3 13,500 S.F. BUILDING 4 13,500 S.F. BUILDING 5 13,500 S.F. BUILDING 6 13,500 S.F. TOTAL: 81,000 S.F. SETBACKS: BUILDING — FRONT — 5 FEET SIDE — 5 FEET REAR — 5 FEET BUILDING HEIGHT: 1 STORY - 16 FEET PARKING REQUIREMENTS 1 PER EMPLOYEE, PLUS 1 PER BUSINESS VEHICLE PARKED ON PREMISES, PLUS 2 FOR VISTOR OR CUSTOMER PARKING TOTAL PARKING PROVIDED = 250 SPACES FLOOR AREA RATIO (LOT ): 0.34:1 SITE PLAN FOR 5.6182 ACRES TRACT T'HOMAS R47TAN SURVEY, ABSTRACT No. 762 COLLIN COUNTY, TEXAS wzzwolmw 1 ' Toomzxw- c1) U ZU cn0F_0C[WWQ oLL In 0_P z0aa~ �?o0 QF - oIV-) -0 IW- 'Cc TwZLLWzm O- W I- _ (j) CA =m�D(W�-m-cr U W a 0urt'-) (_.�D— o U_ INf- p (A Moa)'T cz ~cmN F— .co U? p M c ti N O 6 � C Y � 2�js�0 � m 0 O� c a a 0 t0 o coQ�� �- W (vv >- m o ~- (p II r U 0 m 0E]L�l� Z o Lii Q k T_ THE CITY OF AiAtia AGENDA ITEM: Approve appointment of an Acting City Manager. (Bill Shipp) SUMMARY: Item No. 5.e. City Council Agenda Staff Report Meeting Date: 2/27/2018 City Charter requires that I appoint a staff member to serve as Acting City Manager in my absence or disability. My appointment requires City Council approval. Maurice Schwanke has my total confidence to act in my stead as necessary during a case of my absence or disability. Council will be advised any time it is necessary for him to serve in this capacity. STAFF RECOMMENDATION: Recommend approval of appointment of Maurice Schwanke as Acting City Manager in the absence or disability of the City Manager. ATTACHMENTS: Description Upload Date Type Letter of Appointment City of Anna 111 North Powell Parkway Anna, TX 75409 972-924-3325 www.annatexas.4ov February 27, 2018 From: Bill Shipp, Interim City Manager To: Mayor and City Council CC: City Secretary Maurice Schwanke, Director of Planning and Zoning Re: Appointment of Acting City Manager THE CITY OF nna In accordance with Article 4, Section 4.01 (e) of the Anna City Charter and subject to City Council approval, I hereby appoint Maurice Schwanke as Acting City Manager to perform the duties of City Manager in my absence or disability. Furthermore, I will notify the City Council and the City Secretary any time this provision is invoked. Respectfully, Bill Shipp Interim City Manager THE CITY OF AiAtia AGENDA ITEM: Item No. 5.f. City Council Agenda Staff Report Meeting Date: 2/27/2018 Discuss/Consider/Action on an Ordinance adopting a new Rate Review Mechanism (RRM) tariff forAtmos. (Bill Shipp) SUMMARY: Attached please find an ordinance adopting a new Rate Review Mechanism (RRM) tariff (to be attached to the ordinance) to govern future annual rate filings by Atmos Mid -Tex. The ordinance and the tariff are recommended for adoption by the Executive Committee of the Cities Served by Atmos Mid -Tex. The first document in your package is a Staff Report supportive of the ordinance. Adoption of the ordinance with its attached tariff is a necessary action pursuant to the exercise of Cities' original jurisdiction because the RRM process only exists pursuant to City action. The RRM process is not defined by statute. Without the specific regulatory action by Cities, Atmos would make annual GRIP filings with the Railroad Commission, and the Commission would conduct an administrative review of a piecemeal rate application and deny any participation by Cities. STAFF RECOMMENDATION: Recommend adoption of the RRM ordinance. ATTACHMENTS: Description Model Staff Report Proposed Ordinance Exhibit A Mid -Tex RRM Tariff Upload Date Type 2/13/2018 Backup Material 2/13/2018 Ordinance 2/15/2018 Exhibit 2/13/2018 Exhibit February 13, 2018 MODEL STAFF REPORT BACKGROUND AND SUMMARY The City, along with 171 other Mid -Texas Cities Served by Atmos Energy Corporation, Mid -Tex Division ("Atmos Mid -Tex" or "Company"), is a member of the Steering Committee of Cities Served by Atmos ("Cities"). In 2007, the Cities and Atmos Mid -Tex settled a rate application filed by the Company pursuant to Section 104.301 of the Texas Utilities Code for an interim rate adjustment commonly referred to as a GRIP filing (arising out of the Gas Reliability Infrastructure Program legislation). That settlement created a substitute rate review process, referred to as Rate Review Mechanism ("RRM"), as a substitute for future filings under the GRIP statute. Since 2007, there have been several modifications to the original RRM Tariff. The Ordinance that resolved the Company's application under the RRM Tariff in 2017 also terminated the existing RRM Tariff and required a renegotiation of the terms of that tariff. Negotiations have taken place over the past several months, and have resulted in a revised RRM Tariff that has been agreed to by the Company. The Cities' Executive Committee has recommended acceptance of the revised RRM Tariff, which is attached to the Ordinance. CITIES' OBJECTION TO THE SECTION 104.301 GRIP PROCESS Cities strongly opposed the GRIP process because it constitutes piecemeal ratemaking by ignoring declining expenses and increasing revenues and rewarding the Company for increasing capital investment. The GRIP process does not allow any review of the reasonableness of capital investment and does not allow cities to participate in the Railroad Commission's review of annual GRIP filings or recover their rate case expenses. The Railroad Commission undertakes a mere administrative review of GRIP filings (instead of a full hearing) and rate increases go into effect 1 without any material adjustments. In the Steering Committee's view, the GRIP process unfairly raises customers' rates without any regulatory oversight. In contrast, the RRM process has allowed for a more comprehensive rate review and annual evaluation of expenses and revenues, as well as capital investment. CHANGES TO THE RRM TARIFF The RRM Tariff on which the 2017 rates were based allowed a rate of return on equity of 10.50%. The revised RRM Tariff reduces that to 9.8%. The revised RRM Tariff also captures the reduction in federal income tax rates from 35% to 21%, and should result in a rate reduction effective by nild-March, 2018. Prior RRM tariffs allowed Cities only three months to review the Company's filing. The new revised Tariff expands that time period by two months. New applications by the Company should be made on or about April 1 of each year, with new rates effective October 1. A rate order from the Railroad Commission in an Atmos Texas Pipeline rate case adopted the position of Cities with regard to incentive compensation related to Atmos' Shared Services Unit that reduced allowed expenses, and that reduced level of expenses will be applicable under the new RRM Tariff. EXPLANATION OF "BE IT ORDAINED" PARAGRAPHS 1. This section approves all findings in the Ordinance. 2. This section adopts the attached RRM Tariff and finds the adoption of the Tariff to be just, reasonable, and in the public interest. The prior tariff expired by its own terms. 3. This section requires the Company to reimburse the City for expenses associated with adoption of the Ordinance and RRM Tariff and in processing future applications pursuant to the Ordinance. 2 4. This section repeals any resolution or ordinance that is inconsistent with this Ordinance. 5. This section finds that the meeting was conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 6. This section is a savings clause, which provides that if any section is later found to be unconstitutional or invalid, that finding shall not affect, impair, or invalidate the remaining provisions of this Ordinance. This section further directs that the remaining provisions of the Ordinance are to be interpreted as if the offending section or clause never existed. 7. This section provides for an effective date upon passage. 8. This section directs that a copy of the signed Ordinance be sent to a representative of the Company and legal counsel for the Steering Committee. 3 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF , TEXAS, APPROVING A TARIFF AUTHORIZING AN ANNUAL RATE REVIEW MECHANISM ("RRM") AS A SUBSTITUTION FOR THE ANNUAL INTERIM RATE ADJUSTMENT PROCESS DEFINED BY SECTION 104.301 OF THE TEXAS UTILITIES CODE, AND AS NEGOTIATED BETWEEN ATMOS ENERGY CORP., MID-TEX DIVISION ("ATMOS MID-TEX" OR "COMPANY") AND THE STEERING COMMITTEE OF CITIES SERVED BY ATMOS; REQUIRING THE COMPANY TO REIMBURSE CITIES' REASONABLE RATEMAKING EXPENSES; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND LEGAL COUNSEL FOR THE STEERING COMMITTEE. WHEREAS, the City of Texas ("City") is a gas utility customer of Atmos Energy Corp., Mid -Tex Division ("Atmos Mid -Tex" or "Company"), and a regulatory authority with an interest in the rates and charges of Atmos Mid -Tex; and WHEREAS, the City and similarly -situated Mid -Tex municipalities created the Steering Committee of Cities Served by Atmos to efficiently address all rate and service matters associated with delivery of natural gas; and WHEREAS, the Steering Committee formed an Executive Committee to direct legal counsel and to recommend certain specific actions to all aligned Mid -Tex Cities through resolution or ordinance; and WHEREAS, pursuant to the terms of a November 2007 agreement between the Steering Committee and Atmos Mid -Tex that settled the Company's interim rate filing under Section 104.301 of the Texas Utilities Code (a "GRIP" rate case), the Steering Committee and the Company collaboratively developed a Rate Review Mechanism ("RRM") Tariff, ultimately 1 authorized by the City in 2008, that allows for an expedited rate review process as a substitute for the GRIP process; and WHEREAS, the City has kept some form of a RRM Tariff in place until 2017 when it adopted an ordinance approving an RRM Tariff filing settlement and specifically calling for termination of the existing RRM Tariff and negotiation of a replacement RRM Tariff following the Railroad Commission's decision in a then -pending Atmos Texas Pipeline case (GUD No. 10580); and WHEREAS, the Steering Committee's Executive Committee has recently approved a settlement with the Company on the attached RRM Tariff that contains certain notable improvements, from a consumer perspective, over the prior RRM Tariff, including a reduced rate of return on equity, acceptance of certain expense adjustments made by the Railroad Commission in the Order in GUD No. 10580, and the addition of two months to the time for processing a RRM Tariff application; and WHEREAS, the RRM Tariff contemplates reimbursement of Cities' reasonable expenses associated with RRM Tariff applications; and WHEREAS, the Steering Committee's Executive Committee recommends that all Steering Committee member cities adopt this ordinance and the attached RRM Tariff; and WHEREAS, the attached RRM Tariff is just, reasonable and in the public interest, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF , TEXAS: Section 1. That the findings set forth in this Ordinance are hereby in all things approved. Section 2. That the attached RRM Tariff re-establishing a form of Rate Review Mechanism is just and reasonable and in the public interest, and is hereby adopted. 2 Section 3. That Atmos Mid -Tex shall reimburse the Cities' reasonable expenses associated with adoption of this Ordinance and the attached RRM Tariff and in processing future RRM Tariff applications filed pursuant to the attached tariff. Section 4. That to the extent any resolution or ordinance previously adopted by the City is inconsistent with this Ordinance, it is hereby repealed. Section 5. That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 6. That if any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance , and the remaining provisions of this Ordinance shall be interpreted as if the offending section or clause never existed. Section 7. That this Ordinance shall become effective from and after its passage. Section 8. That a copy of this Ordinance shall be sent to Atmos Mid -Tex, care of Chris Felan, Vice President of Rates and Regulatory Affairs, Atmos Energy Corporation, Mid -Tex Division, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to Mid -Tex Cities, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701. PASSED AND APPROVED this day of , 2018. Mayor ATTEST: APPROVED AS TO FORM: 3 City Secretary City Attorney ACSC Cities (172 Members) Exhibit A Abilene Fairview Oak Leaf Addison Farmers Branch Ovilla Albany Farmersville Palestine Allen Fate Pantego Alvarado Flower Mound Paris Angus Forest Hill Parker Anna Forney Pecan Hill Argyle Fort Worth Petrolia Arlington Frisco Plano Aubrey Frost Ponder Azle Gainesville Pottsboro Bedford Garland Prosper Bellmead Garrett Quitman Benbrook Grand Prairie Red Oak Beverly Hills Grapevine Reno (Parker County) Blossom Groesbeck Rhome Blue Ridge Gunter Richardson Bowie Haltom City Richland Boyd Harker Heights Richland Hills Bridgeport Haskell River Oaks Brownwood Haslet Roanoke Buffalo Hewitt Robinson Burkburnett Highland Park Rockwall Burleson Highland Village Roscoe Caddo Mills Honey Grove Rowlett Canton Hurst Royse City Carrollton Hutto Sachse Cedar Hill Iowa Park Saginaw Celeste Irving Sansom Park Celina Justin Seagoville Centerville Kaufman Sherman Cisco Keene Snyder Clarksville Keller Southlake Cleburne Kemp Springtown Clyde Kennedale Stamford College Station Kerens Stephenville Colleyville Kerrville Sulphur Springs Colorado City Killeen Sweetwater Comanche Krum Temple Commerce Lakeside Terrell Coolidge Lake Worth The Colony Coppell Lancaster Trophy Club Copperas Cove Lewisville Tyler Corinth Lincoln Park University Park Crandall Little Elm Venus Crowley Lorena Vernon Dalworthington Gardens Madisonville Waco Denison Malakoff Watauga Denton Mansfield Waxahachie DeSoto McKinney Westlake Draper Melissa Westover Hills Duncanville Mesquite Whitesboro Eastland Midlothian White Settlement Edgecliff Village Murphy Wichita Falls Emory Newark Woodway Ennis Nocona Wylie Euless North Richland Hills Everman Northlake ATMOS ENERGY CORPORATION MID-TEX DIVISION RATE SCHEDULE: RRM — Rate Review Mechanism ALL CITIES IN THE MID-TEX DIVISION AS IDENTIFIED IN EXHIBIT A TO APPLICABLE TO: THIS RATE SCHEDULE EFFECTIVE DATE: Bills Rendered on and after 04/01/2018 PAGE: 1 I. Applicability Applicable to Residential, Commercial, Industrial, and Transportation tariff customers within the city limits of cities identified in Exhibit A that receive service from the Mid -Tex Division of Atmos Energy Corporation ("Company"). This Rate Review Mechanism ("RRM") provides for an annual adjustment to the Company's Rate Schedules R, C, I and T ("Applicable Rate Schedules"). Rate calculations and adjustments required by this tariff shall be determined on a System -Wide cost basis. II. Definitions "Test Period" is defined as the twelve months ending December 31 of each preceding calendar year. The "Effective Date" is the date that adjustments required by this tariff are applied to customer bills. The annual Effective Date is October 1. Unless otherwise provided in this tariff the term Final Order refers to the final order issued by the Railroad Commission of Texas in GUD No. 10170 and elements of GUD No. 10580 as specified in Section III below. The term "System -Wide" means all incorporated and unincorporated areas served by the Company. "Review Period" is defined as the period from the Filing Date until the Effective Date. The "Filing Date" is as early as practicable, but no later than April 1 of each year. III. Calculation The RRM shall calculate an annual, System -Wide cost of service ("COS") that will be used to adjust applicable rate schedules prospectively as of the Effective Date. The Company may request recovery of its total cost of service but will include schedules showing the computation of any adjustments. The annual cost of service will be calculated according to the following formula: COS = OM + DEP + RI + TAX + CD Where: OM = all reasonable and necessary operation and maintenance expenses from the Test Period adjusted for known and measurable items and prepared ATMOS ENERGY CORPORATION MID-TEX DIVISION RATE SCHEDULE: RRM — Rate Review Mechanism ALL CITIES IN THE MID-TEX DIVISION AS IDENTIFIED IN EXHIBIT A TO APPLICABLE TO: THIS RATE SCHEDULE EFFECTIVE DATE: Bills Rendered on and after 04/01/2018 PAGE: 2 consistent with the rate making treatments approved in the Final Order. Incentive compensation (Management Incentive Plan, Variable Pay Plan and Long Term Incentive Plan) related to Atmos' Shared Services Unit will be applied consistent with treatment approved in GUD 10580. Additionally, O&M adjustments will be incorporated and applied as modified by a final order, not subject to appeal, issued by the Railroad Commission of Texas in subsequent rate cases involving the Atmos Mid -Tex or West Texas divisions. Known and measurable adjustments shall be limited to those changes that have occurred prior to the Filing Date. OM may be adjusted for atypical and non -recurring items. Shared Services allocation factors shall be recalculated each year based on the latest component factors used during the Test Period, but the methodology used will be that approved in the Final Order in GUD 10580. DEP = depreciation expense calculated at depreciation rates approved by the Final Order. Additionally, if depreciation rates are approved in a subsequent final order, not subject to appeal, issued by the Railroad Commission of Texas for the Mid -Tex division those rates would be applicable for subsequent RRM filings. RI = return on prudently incurred investment calculated as the Company's pretax return multiplied by rate base at Test Period end. Rate base is prepared consistent with the rate making treatments approved in the Final Order, and as in GUD 10580 as specifically related to capitalized incentive compensation (Management Incentive Plan, Variable Pay Plan and Long Term Incentive Plan) for Atmos' Shared Services Unit. However, no post Test Period adjustments will be permitted. Additionally, adjustments will be incorporated and applied as modified by a final order, not subject to appeal, issued by the Railroad Commission of Texas in subsequent rate cases involving the Atmos Mid -Tex or West Texas divisions. Pretax return is the Company's weighted average cost of capital before income taxes. The Company's weighted average cost of capital is calculated using the methodology from the Final Order including the Company's actual capital structure and long term cost of debt as of the Test Period end (adjusted for any known and measurable changes that have occurred prior to the filing date) and the return on equity of 9.8%. However, in no event will the percentage of equity exceed 58%. Regulatory adjustments due to prior regulatory rate base adjustment disallowances will be maintained. Cash working capital will be calculated using the lead/lag days approved in the Final Order. With respect to pension and other postemployment benefits, the Company will record a regulatory asset or liability for these costs until the amounts are included in the next annual rate adjustment implemented under this tariff. Each year, the Company's filing under this Rider RRM will clearly state the level of pension ATMOS ENERGY CORPORATION MID-TEX DIVISION RATE SCHEDULE: RRM — Rate Review Mechanism ALL CITIES IN THE MID-TEX DIVISION AS IDENTIFIED IN EXHIBIT A TO APPLICABLE TO: THIS RATE SCHEDULE EFFECTIVE DATE: Bills Rendered on and after 04/01/2018 PAGE: 3 and other postemployment benefits recovered in rates. TAX = income tax and taxes other than income tax from the Test Period adjusted for known and measurable changes occurring after the Test Period and before the Filing Date, and prepared consistent with the rate making treatments approved in the Final Order. Atmos Energy shall comprehensively account for, including establishing a regulatory liability to account for, any statutory change in tax expense that is applicable to months during the Test Period in the calculation to ensure recovery of tax expense under new and old income tax rates. CD = interest on customer deposits. IV. Annual Rate Adjustment The Company shall provide schedules and work papers supporting the Filing's revenue deficiency/sufficiency calculations using the methodology accepted in the Final Order. The result shall be reflected in the proposed new rates to be established for the effective period. The Revenue Requirement will be apportioned to customer classes in the same manner that Company's Revenue Requirement was apportioned in the Final Order. For the Residential Class, 50% of the increase may be recovered in the customer charge. However, the increase to the Residential customer charge shall not exceed $0.60 per month in the initial filing and $0.70 per month in any subsequent year. The remainder of the Residential Class increase not collected in the customer charge will be recovered in the usage charge. For all other classes, the change in rates will be apportioned between the customer charge and the usage charge, consistent with the Final Order. Test Period billing determinants shall be adjusted and normalized according to the methodology utilized in the Final Order. V. Filing The Company shall file schedules annually with the regulatory authority having original jurisdiction over the Company's rates on or before the Filing Date that support the proposed rate adjustments. The schedules shall be in the same general format as the cost of service model and relied -upon files upon which the Final Order was based. A proof of rates and a copy of current and proposed tariffs shall also be included with the filing. The filing shall be made in electronic form where practical. The Company's filing shall conform to Minimum Filing Requirements (to be agreed upon by the parties), which will contain a minimum amount of information that will assist the regulatory authority in its review and analysis of the filing. The Company and regulatory authority will endeavor to hold a technical conference regarding the filing within twenty (20) calendar days after the Filing Date. ATMOS ENERGY CORPORATION MID-TEX DIVISION RATE SCHEDULE: RRM — Rate Review Mechanism ALL CITIES IN THE MID-TEX DIVISION AS IDENTIFIED IN EXHIBIT A TO APPLICABLE TO: THIS RATE SCHEDULE EFFECTIVE DATE: Bills Rendered on and after 04/01/2018 PAGE: 4 A sworn statement shall be filed by an Officer of the Company affirming that the filed schedules are in compliance with the provisions of this Rate Review Mechanism and are true and correct to the best of his/her knowledge, information, and belief. No testimony shall be filed, but a brief narrative explanation shall be provided of any changes to corporate structure, accounting methodologies, allocation of common costs, or atypical or non- recurring items included in the filing. VI. Evaluation Procedures The regulatory authority having original jurisdiction over the Company's rates shall review and render a decision on the Company's proposed rate adjustment prior to the Effective Date. The Company shall provide all supplemental information requested to ensure an opportunity for adequate review by the relevant regulatory authority. The Company shall not unilaterally impose any limits upon the provision of supplemental information and such information shall be provided within seven (7) working days of the original request. The regulatory authority may propose any adjustments it determines to be required to bring the proposed rate adjustment into compliance with the provisions of this tariff. The regulatory authority may disallow any net plant investment that is not shown to be prudently incurred. Approval by the regulatory authority of net plant investment pursuant to the provisions of this tariff shall constitute a finding that such net plant investment was prudently incurred. Such finding of prudence shall not be subject to further review in a subsequent RRM or Statement of Intent filing. During the Review Period, the Company and the regulatory authority will work collaboratively and seek agreement on the level of rate adjustments. If, at the end of the Review Period, the Company and the regulatory authority have not reached agreement, the regulatory authority shall take action to modify or deny the proposed rate adjustments. The Company shall have the right to appeal the regulatory authority's action to the Railroad Commission of Texas. Upon the filing of an appeal of the regulatory authority's order relating to an annual RRM filing with the Railroad Commission of Texas, the regulatory authority having original jurisdiction over the Company's rates shall not oppose the implementation of the Company's proposed rates subject to refund, nor will the regulatory authority advocate for the imposition of a third party surety bond by the Company. Any refund shall be limited to and determined based on the resolution of the disputed adjustment(s) in a final, non -appealable order issued in the appeal filed by the Company at the Railroad Commission of Texas. ATMOS ENERGY CORPORATION MID-TEX DIVISION RATE SCHEDULE: RRM — Rate Review Mechanism ALL CITIES IN THE MID-TEX DIVISION AS IDENTIFIED IN EXHIBIT A TO APPLICABLE TO: THIS RATE SCHEDULE EFFECTIVE DATE: Bills Rendered on and after 04/01/2018 PAGE: 5 In the event that the regulatory authority and Company agree to a rate adjustment(s) that is different from the adjustment(s) requested in the Company's filing, the Company shall file compliance tariffs consistent with the agreement. No action on the part of the regulatory authority shall be required to allow the rate adjustment(s) to become effective on October 1. To the extent that the regulatory authority does not take action on the Company's RRM filing by September 30, the rates proposed in the Company's filing shall be deemed approved effective October 1. Notwithstanding the preceding sentence, a regulatory authority may choose to take affirmative action to approve a rate adjustment under this tariff. In those instances where such approval cannot reasonably occur by September 30, the rates finally approved by the regulatory authority shall be deemed effective as of October 1. To defray the cost, if any, of regulatory authorities conducting a review of the Company's annual RRM filing, the Company shall reimburse the regulatory authorities on a monthly basis for their reasonable expenses incurred upon submission of invoices for such review. Any reimbursement contemplated hereunder shall be deemed a reasonable and necessary operating expense of the Company in the year in which the reimbursement is made. A regulatory authority seeking reimbursement under this provision shall submit its request for reimbursement to the Company no later than December 1 of the year in which the RRM filing is made and the Company shall reimburse regulatory authorities in accordance with this provision on or before December 31 of the year the RRM filing is made. To the extent possible, the provisions of the Final Order shall be applied by the regulatory authority in determining whether to approve or disapprove of Company's proposed rate adjustment. This Rider RRM does not limit the legal rights and duties of a regulatory authority. Nothing herein shall abrogate the jurisdiction of the regulatory authority to initiate a rate proceeding at any time to review whether rates charged are just and reasonable. Similarly, the Company retains its right to utilize the provisions of Texas Utilities Code, Chapter 104, Subchapter C to request a change in rates. The provisions of this Rider RRM are implemented in harmony with the Gas Utility Regulatory Act (Texas Utilities Code, Chapters 101-105). The annual rate adjustment process set forth in this tariff shall remain in effect during the pendency of any Statement of Intent rate filing. ATMOS ENERGY CORPORATION MID-TEX DIVISION RATE SCHEDULE: RRM — Rate Review Mechanism ALL CITIES IN THE MID-TEX DIVISION AS IDENTIFIED IN EXHIBIT A TO APPLICABLE TO: THIS RATE SCHEDULE EFFECTIVE DATE: Bills Rendered on and after 04/01/2018 PAGE: 6 VII. Reconsideration, Appeal and Unresolved Items Orders issued pursuant to this mechanism are ratemaking orders and shall be subject to appeal under Sections 102.001(b) and 103.021, et seq., of the Texas Utilities Code (Vernon 2007). Vill. Notice Notice of each annual RRM filing shall be provided by including the notice, in conspicuous form, in the bill of each directly affected customer no later than forty-five (45) days after the Company makes its annual filing pursuant to this tariff. The notice to customers shall include the following information: a) a description of the proposed revision of rates and schedules; b) the effect the proposed revision of rates is expected to have on the rates applicable to each customer class and on an average bill for each affected customer; c) the service area or areas in which the proposed rates would apply; d) the date the annual RRM filing was made with the regulatory authority; and e) the Company's address, telephone number and website where information concerning the proposed rate adjustment can be obtained. THE CITY OF AiAtia AGENDA ITEM: Item No. 6. City Council Agenda Staff Report Meeting Date: 2/27/2018 A) Conduct a public hearing to consider public comments regarding a request by Skorburg Company, owner(s) of the property. The property is currently zoned Planned Development Ordinance 129-2004 as amended by Ordinance number 627-2013 which allows commercial, multifamily and single family on the subject tract. The owner request to add to the Planned Development the right for Patio Homes (smaller lots) on a specific tract . The property is located east of Finley Blvd. and north of Sharp street. B) Consider/Discuss/Action on an ordinance regarding the request by the owner(s) of the property to add to the Planned Development Ordinance 129-2004 as amended by Ordinance number 627- 2013 the right for patio homes on small lots on a specific tract. (Maurice Schwanke) SUMMARY: Th prop rty b ing propos d for th Patio Hom conc pt by Pac s tt r hom s is within District F and District H of Plann d D v lopm nt Ordinanc Numb r 129-2004 of th Anna Town Squar D v lopm nt. Th s districts allow a wid rang of us s from Comm rcial to Multifamily to Singl Family at 3.5 units p r acr . Th propos d us is a singl -family structur on a small lot in som cas s in a uniqu s t up. Th r ar thr basic s tups which would includ th following (Exhibit Q 1. Units on 31' foot wid lots with r ar ntry d tach d garag s on a privat all y. 2. Units on 40' wid lots with front ntry attach d garag s. 3. Units on 40' wid lots with front ntry d tach d garag s. Th s units will normally s ry two s gm nts of th population. Th s group ar singl /coupl first-tim hous buy rs or mpty n st rs that ar downsizing. Th outdoor living spac s for 1 and 3 units ar b tw n th garag and hour whil 2 units would b in th back yard. B caus of th narrown ss of th lots, wid r str is ar provid d to allow for asi r trav rsing of th str is wh n parking occurs on both sid s. Th s lots will also addr ss on of th Strat gic Plan Goals of th City which is to Div rsify Housing & N ighborhood Options. STAFF RECOMMENDATION: Approval of the attached Ordinance. /_AAC_Td:l►vi1:4z1&5 Description Location Map Ordinance Site Layout Site Layout with Buildings Additional Pacesetter information Upload Date Type 2/8/2018 Exhibit 2/9/2018 Ordinance 2/9/2018 Exhibit 2/9/2018 Exhibit 2/21 /2018 Backup Material IT 5 �e m e STARS DRIVE K N z COWBOY WAY Q MAVERICK T, t 9 -1 00 y2 N� Pm s BRITTANY DRIVE W m Z W a FINLEY BOULEVARD 0 MAE ST RENDYN ST. cn Y g U ELIZABETH ST. � w z BROOKLYN DRIVE w W ORDINANCE NO. (Amendment to Ordinance No. 129-2004 as amended by Ordinance No. 627-2013) AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE, AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the owner of the property described in Exhibit A attached hereto has requested a certain zoning for said property; and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council of the City of Anna has concluded that the Zoning Ordinance of the City of Anna should be amended as follows: NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. The Comprehensive Zoning Ordinance of the City of Anna, Texas, is amended by changing the zoning of the tract described in Exhibit A, attached hereto and made an integral part of this ordinance, Amending Ordinance No. 129-2004 as Amended by Ordinance 627-2013. Section 2. All regulations pertaining to Ordinance 129-2004 shall be applicable to this Planned Development, except as amended herein. Establishment of Districts For the purpose of this Planned Development ordinance, the land described in Exhibit A, is hereby divided into districts as follows: District A- Southern Single Family Zone District B- Eastern Single Family Zone District C- Single Family Transition Zone District D- Town Center Town Home Zone District E- Town Center Adjacency Zone District F- Town Center Retail Zone District G- Town Center Zone Page 1 of 9 District H- Southern Town Center Zone District I- Southern Town Center Adjacency Zone District J- "C-2" District K- North Eastern Single -Family Zone Page 2 of 9 District F. Town Center Retail Zone This district is intended to provide for retail, restaurant, and commercial uses near the Town Center Zone, including convenience stores, shopping centers, and office buildings, but not including wholesaling or warehousing. Uses in this area provide the kind of living and shopping activities that give greater identity and life to the Town Center. The Town Center Retail Zone contains approximately 15 gross acres and permits retail (including restaurants, entertainment, and office uses) and multi -family land uses. See Exhibit C Multi -Family Development Matrix. The maximum height in this area shall be three stories, or 50 feet. Buildings shall not be closer than 15 feet to any street. Multi -family is encouraged above first floor retail. The maximum multi -family density shall be 24 units to the acre when retail is not incorporated into first floor space and 36 units to the acre when retail is so incorporated in a quantity equal to or greater than 10% of the total first floor area of multifamily structures fronting all of the collector streets shown on the concept development plan, Exhibit "C"). When use of retail permits an increase in density, the building height may be increased to four stories, or 65 feet. This district when developed will be most similar to a "C-2" zoning district. Single-family residential uses shall be permitted in this district in accordance with the "Single Family Alternate" conditions specified in ordinance section 3. Patio Homes with the standards as shown below are also allowed in Dart of District F as shown in Exhibit X. Collector streets or portions of collector streets located within this zone (as shown on the approved concept development plan (Exhibit "C") shall be planted with a single row of canopy street trees, planted at 50 feet on center along the frontage of each project area. STANDARDS FOR COMMERCIAL DEVELOPMENTS ADOPTED "PD" CONDITIONS CURRENT "C-2" Minimum Lot Size None Minimum Width None 60' Minimum Depth None Minimum Front Yard Setback 15, 25' Minimum Rear Yard Setback 0' 10' except 15' when abutting any district requiring a side yard. Side Yard Setback None 5' except 15' when abutting any district requiring a side yard. Side Yard Corner 15' 25' Maximum Lot Coverage 80% Maximum Height 3 Stories or 50 feet 35' Page 3 of 9 STANDARDS FOR MULTI -FAMILY DEVELOPMENTS ADOPTED"PD" CONDITIONS CURRENT Minimum Front Yard Setback 20' for one or two story 25' buildings & 30' for three or four story buildings Minimum Rear Yard Setback 0' 25' Side Yard Setback 0' Side Yard Corner 0' 25' Masonry Percentage 75% Minimum Trees Four (3") Caliper Trees Maximum Height 3 Stories or 50 feet; 4 Stories 45' or 65 feet when commercial uses are on the first floor Maximum Density 24 units per acre with 36 units 25 units per acre with per acre permitted when first special fire protection floor retail is incorporated in equipment. the multifamily project Page 4 of 9 STANDARDS FOR PATIO HOMES Front Load with attached and detached front garages Rear Load Private Alley Minimum Lot Size 4,000 SFI 3,520 SF Typical Lot Size 4,800 SF 3.520 SF Minimum Lot Width 40' at Building Line 31' at Building Line Minimum Lot Depth 10012 100, Typical Lot Depth 120' 110, Minimum Front Yard Setback 20' 10, Minimum Rear Yard Setback 10' 10, Side Yard Setback 5' 5' Side Yard Corner 10, 10, Masonry Percentage Front 1st Floor 90% 90% Masonry Percentage Front 2nd Floor 70% 50% Masonry on Side Yards adjacent to Street 80% first and second floor 80% first and second floor Masonry Percentage on perimeter of Development 100% with two feet wrap around on corners NA Detached Front Garages 90% Masonry on front and sides NA Maximum Height 2.5 Stories or 35 feet 2.5 Stories or 35 feet Maximum Lot Coverage 70% 70% Minimum Air -Conditioned Square Footage SF 1,200 SF 1,000 SF 1 Only 10% of lots may be below 4,800 SF. 2 Only 10% of lots may have a Depth of less than 120' All Alleys shall be private. Public Street section shall be a minimum of 34.5' Back to Back. Building articulation for all units shall be met per the residential standard ordinance as adopted. Building Repetition shall be consistent with residential standards ordinance as adopted. Roofs shall meet the residential standards ordinance as adopted. Building Fenestration shall meet the residential standards ordinance as adopted. A 6' Masonry Wall shall be constructed along the Southern border of Patio Home Development. A covered porch, patio, or pergola shall be provided constituting a minimum of 50 SF on any of the front, side or rear yards or a combination thereof. Page 5 of 9 Front yard standalone garages are allowed. Alley loaded, detached garages may include 100% cementitious siding on all garage elevations except for lots siding up to streets where the street side shall be masonry. All homes shall have either a free standing 2-car garage or a 2-car garage attached. All front entry garages will have driveway parking spaces a minimum of 18 feet deep. District H. Southern Town Center Zone The Southern Town Center Zone is approximately 25 gross acres and permits multi-family(See Exhibit C Multi -Family Development Matrix.), retail (including restaurants, entertainment, and office uses. Standalone retail land uses shall be developed according to the Commercial Development standards specified below except as amended by the following text for retail uses incorporated with multi -family uses. Multifamily residential units may be developed according to the standards specified below with the exception that density may be increased to 36 units per acre when commercial uses are provided on the first floor of multi -family development in amounts that equal or exceed 10% of the first total floor area of those multifamily structures fronting a major collector shown on the approved concept development plan (Exhibit "C"). When use of retail permits an increase in density, the building height may be increased to four stories, or 65 feet. The district when developed as commercial will be most similar to the "C-2" district. Patio Homes with the standards as shown below are also allowed in part of District H as shown in Exhibit X. Collector streets or portions of collector streets located within this zone (as shown on the approved concept development plan (Exhibit "C") shall be planted with a single row of canopy street trees, planted at 50 feet on center along the frontage of each project area. Single family residential uses shall be permitted in this district in accordance with the "Single Family Alternate" conditions specified in ordinance Section 3. Page 6 of 9 STANDARDS FOR COMMERCIAL DEVELOPMENTS ADOPTED "PD" CURRENT "C-2" Minimum Lot Size None Minimum Width None 60' Minimum Depth None Minimum Front Yard Setback 15' 25' Minimum Rear Yard Setback 0' 10' except 15* when abutting any district requiring a side yard. Side Yard Setback None 5' except 15* when abutting any district requiring a side yard. Side Yard Comer 15' 25' Maximum Lot Coverage 85% Maximum Height 4 Stories or 65 feet 35' STANDARDS FOR MULTI -FAMILY DEVELOPMENTS ADOPTED "PD" CURRENT "MF- CONDITIONS 2" STANDARDS Minimum Front Yard Setback 20' for one or two story 25'. buildings & 30' for three or four story buildings Minimum Rear Yard Setback 0' 25' Side Yard Setback 0' Side Yard Corner 0' 25' Masonry Percentage 75% Minimum Trees Four (3") Caliper Trees Maximum Height 3 Stories or 50 feet; 4 Stories 45' or 65 feet when commercial uses are on the first floor Maximum Density 24 units per acre free 25 units per acre with standing with 36 units per special fire protection acre when above equipment. commercial uses. Page 7 of 9 STANDARDS FOR PATIO HOMES Front Load with attached and detached front garages Rear Load Private Alley Minimum Lot Size 4,000 SFI 3,520 SF Typical Lot Size 4,800 SF 3.520 SF Minimum Lot Width 40' at Building Line 31' at Building Line Minimum Lot Depth 10012 100, Typical Lot Depth 120' 110, Minimum Front Yard Setback 20' 10, Minimum Rear Yard Setback 10' 10, Side Yard Setback 5' 5' Side Yard Corner 10, 10, Masonry Percentage Front 1st Floor 90% 90% Masonry Percentage Front 2nd Floor 70% 50% Masonry on Side Yards adjacent to Street 80% first and second floor 80% first and second floor Masonry Percentage on perimeter of Development 100% with two feet wrap around on corners NA Detached Front Garages 90% Masonry on front and sides NA Maximum Height 2.5 Stories or 35 feet 2.5 Stories or 35 feet Maximum Lot Coverage 70% 70% Minimum Air -Conditioned Square Footage SF 1,200 SF 1,000 SF 1 Only 10% of lots may be below 4,800 SF. 2 Only 10% of lots may have a Depth of less than 120' All Alleys shall be private. Public Street section shall be a minimum of 34.5' Back to Back. Building articulation for all units shall be met per the residential standard ordinance as adopted. Building Repetition shall be consistent with residential standards ordinance as adopted. Roofs shall meet the residential standards ordinance as adopted. Building Fenestration shall meet the residential standards ordinance as adopted. A 6' Masonry Wall shall be constructed along the Southern border of Patio Home Development. A covered porch, patio, or pergola shall be provided constituting a minimum of 50 SF on any of the front, side or rear yards or a combination thereof. Page 8 of 9 Front yard standalone garages are allowed. Alley loaded, detached garages may include 100% cementitious siding on all garage elevations except for lots siding up to streets where the street side shall be masonry. All homes shall have either a free standing 2-car garage or a 2-car garage attached. All front entry garages will have driveway parking spaces a minimum of 18 feet deep. Section 3. The official Zoning Map of the City of Anna shall be corrected to reflect the change in zoning described herein. Section 4. All ordinances of the City of Anna in conflict with the provisions of this ordinance are repealed to the extent of that conflict. Section 5. This Ordinance shall take effect immediately from and after its passage and the publication of the caption of said ordinance as the law in such case provides. PASSED by the City Council of the City of Anna, Texas, this day of , 2018. ATTESTED: City Secretary, Carrie L. Smith APPROVED: Mayor, Nate Pike Page 9 of 9 FOR CONCEPT LAYOUT ONLY I ATTACHMENT 3 - PROTOTYPICAL PLAN LAYOUT AND FENCING Ell lo, MASONRY FENCE (CEMENTITIOUS) PRIVACY FENCE (WOOD) SKORBURG Development Standards and Representative Product • Location • Current Zoning • Proposed Concept Plan • Proposed Additional Zoning — 30' wide product (rear entry) —40' wide product (front entry) —Traditional Series —40' wide product (front entry) —Courtyard Series LOCATION ANNA TOWN SQUARE t xza units—unaer cansxruc4ion For DR Hon- S s Elrrder d7 9a Fine retl lots M 1fL Windsor&bR.Hwtnn 42 Lots Start Con&DRann rrstrtrcaon Mega[e1& C R Hort.nnn 1 •�,,��jj V / V l y! �� �ty'W� �� �a Start conmuctirnr tL4'17 Megatfl. Windsor&CRHortnn y= 172 Finehed lots Mega4eV,WirAsor&IXi. Hnrton r� 't':tE i�-+�, - trrrrrrrrrrrrrrrrrrr� Spine Road —Under Co nstmctian Iyr\ Cammercia l/RetailjMiwed Use Designated NEW ANNAISID areas ELEVEN -AR' LEN.ENGFAL 2DI7 OPENING F..11L 2�1? Anna rToevn�r$ Mare g� ,p� Gis (�MMC ' v. Preliminary Community Plan CURRENT ZONING The current zoning for Districts F and H of Anna Town Square allows for: • Retail — Convenience stores, shopping centers • Commercial/Flex Office — Similar to the City's C-2 Zoning • Multifamily — Up to 36 Units per Acre • Single Family — Up to 3.5 Units per Acre ADOPTED "PD" CURRENT "C-2" CONDITIONS Minimum Lot Size None Minimum Width None 60' Minimum Depth None Minimum FrontYard 15' 25' Setback Minimum Rear Yard 0' 10' except 15' when Setback abutting any district requiring a side yard Side Yard Set Back None 5' except 15' when abutting any district requiring a side yard Side Yard Corner 15' 25' Maximum Lot Coverage 80% Maximum Height 3 stories or 50 feet 35' ADOPTED "PD" CURRENT "C-2" CONDITIONS Minimum FrontYard 20' for one or two story 25' Setback buildings & 30' for three or four story buildings Minimum Rear Yard 0' 25' Setback Side Yard Setback 0' Side Yard Corner 0' 25' Masonry Percentage 75% Minimum Trees Four (Y) Caliper Trees Maximum Height 3 stories or 50 feet; 4 45' stories or 65 feet when commercial uses are on the first floor Maximum Density 24 units per acre with 25 units per acre with 36 units per acre special fire protection permitted when first equipment floor retail is incorporated PROPOSED LAYOUT PROPOSED LAYOUT �HI , Lik Z S LAYOUT SUMMARY TABLE 131 imx xu�e€x[sims :m NIFIDER Crt JY'LOlS B3 xurnxx o w ims 22% TOTx �1FK,E 0 S �p o� PHASE 5 4 d FOR CONCEPT LAYOUT ONLY M I. L-` PROPOSED LAYOUT PHASE 5 FOR CONCEPT LAYOUT ONLY PROPOSED ADDITIONAL ZONING Front Load with attached and detached front garages Rear Load Private Alley Minimum Lot Size 4,000 SFl 3,520 SF Typical Lot Size 4,800 SF 3.520 SF Minimum Lot Width 40' at Building Line 31' at Building Line Minimum Lot Depth 10012 100, Typical Lot Depth 120' 110, Minimum Front Yard Setback 20' 10, Minimum Rear Yard Setback 10, 10, Side Yard Setback 5` 5' Side Yard Corner 10' 10' Masonry Percentage Front 1 It Floor 90% 90% Masonry Percentage Front 2°d Floor 70% 50% Masonry on Side Yards ad'acent to Street 80% first and second floor 80% first and second floor Masonry Percentage on perimeter of Development 100% with two feet wrap around on corners NA Detached Front Garages 90% Masonry on front and sides NA Maximum Height 2.5 Stories or 35 feet 2.5 Stories or 35 feet Maximum Lot Coverage 70% 70% Minimum Air -Conditioned Square Footage SF 1,200 SF 1,000 SF I) 3 1 ' WIDE PRODUCT (REAR ENTRY) DEVELOPMENT STANDARDS Development Standards Minimum Lot Size 3,520 SF Minimum Width 31' Minimum Depth 100' Minimum Front Yard Setback 10, Minimum Rear Yard Setback 10, Side Yard Setback M�� 5' Pad Width 20' Pad Depth 90, REPRESENTATIVE PRODUCT IT i yl i AINK, ll I 11, 511CM sil vow 7 J 11 J 30' wide product (rear entry) J ��M111�11 Ulliillil��yltiMNll�+. 411��k�9o��A1�i31tu, L A 30' wide product (rear entry) 30' wide product (rear N- .__Ilk .s 30' wide product (rear entry) DEVELOPMENT STANDARDS Development Standards Minimum Lot Size 4,000 SF Minimum Width 40' Minimum Depth 100, Minimum Front Yard Setback 20' Minimum Rear Yard Setback 10, Side Yard Setback 5' Pad Width 30' Pad Depth 90' REPRESENTATIVE PRODUCT - rx,77 REPRESENTATIVE PRODUCT REPRESENTATIVE PRODUCT .-W = 40' wide product (front entry) —Traditional Series DEVELOPMENT STANDARDS Development Standards Minimum Lot Size 4,800 SF Minimum Width 40' Minimum Depth 100' Minimum Front Yard Setback 20' Minimum Rear Yard Setback 10, Side Yard Setback 5' Pad Width 30' Pad Depth 90, PRODUCT LAYOUT Courtyard Product Prese_ntat%on. tea. J REPRESENTATIVE PRODUCT REPRESENTATIVE PRODUCT REPRESENTATIVE PRODUCT VK- lit .l r THE END APPENDIX 0 L David Weekley Homes — North Richland Hills: J/www.davidweekleyhomes.com/new-homes/tx/dallas-ft- worth/north-rich land-h i I Is/hometown David Weekley Homes — Rowlett: http://www.davidweekleyhomes.com/new-homes/tx/dal las-ft- worth/rowlett/the-homestead-at-I iberty-grove-45 REPRESENTATIVE PLAT - 30' PRODUCT (ALLEYS) REPRESENTATIVE PLAT - 30' AND 40' PRODUCT MIX PRELIMINARY SUBDIVISION PLAT: BLC4 VISTA PHASE 3 SECTIONS 2 AND 3 f CITY OF SAN MARCOS, 'F- 777 I I I � � f WelreaW Lad Sawpeiq M1c 5°: �`. THE CITY OF AiAtia AGENDA ITEM: Item No. 7. City Council Agenda Staff Report Meeting Date: 2/27/2018 Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute a contract with Dickerson Construction Company, Inc. for the US 75 Utility Relocation Project. (Joseph Johnson) SUMMARY: The City Council previously granted authorization to solicit competitive sealed proposals for the US 75 Utility Relocation Project. The project includes approximately 11,957 linear feet of water line relocations necessary due to additional right-of-way acquisition by the Texas Department of Transportation (TxDOT) for the reconstruction of US 75. The project is identified as a necessary project in our 10-year Capital I mprovement Plan, will replace undersized lines with lines of appropriate size, increases fire protection, and will facilitate economic development in the corridor. On February 1, 2018 at 3:00 PM, competitive sealed proposals were publicly opened and read for the project. Six proposals were received. Our engineering consultant (Birkhoff, Hendricks & Carter) has evaluated the competitive sealed proposals received, checked references and contractors' qualifications, and evaluated the contractors' ability to perform the project. Subsequently, our consulting engineer has recommended that the City accept the proposal from Dickerson Construction Company, Inc. and award a contract to them in the amount of $1,311,884.50. Funds are available to cash -flow the project through an I nter-local agreement (I LA) with Collin County previously approved by Council. Additionally, the project is eligible for reimbursement by TxDOT. The US 75 Utility Relocation Project supports the following goals from the City's adopted Strategic Plan: (1) Upgrade City Facilities & Infrastructure (2) Build Transportation Infrastructure STAFF RECOMMENDATION: Staff recommends approval of the Resolution authorizing the City Manager to execute a contract with Dickerson Construction Company, Inc. for the US 75 Utility Relocation Project. ATTACHMENTS: Description Resolution Exhibit A - Contract B HC Contract Award Recommendation Letter Bid Summary Bid Tabulation Upload Date Type 2/22/2018 Resolution 2/22/2018 Exhibit 2/22/2018 Backup Material 2/22/2018 Backup Material 2/22/2018 Backup Material CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH DICKERSON CONSTRUCTION COMPANY, INC. OF CELINA, TEXAS FOR THE US 75 UTILITY RELOCATION PROJECT. WHEREAS, the US 75 Utility Relocation Project (the "Project") is necessary to facilitate the Texas Department of Transportation's ("TxDOT") reconstruction and widening of US 75 in the City of Anna, Texas; and, WHEREAS, certain water lines must be relocated to avoid conflict with the ongoing expansion of US 75 between Melissa Road and FM 455 by the Texas Department of Transportation; and, WHEREAS, the City Council of the City of Anna, Texas (the City Council) has previously authorized the City Manager to solicit competitive sealed proposals for the Project; and, WHEREAS, the City of Anna, having solicited competitive sealed proposals in accordance with State law, opened said competitive sealed proposals on February 1, 2018 at 3:00 P.M.; and, WHEREAS, the City's consulting engineer, Birkhoff, Hendricks & Carter, LLP, has thoroughly evaluated said proposals; and, WHEREAS, Dickerson Construction Company, Inc. of Celina, Texas submitted a project bid as part of their proposal having submitted a bid of $1,311,884.50; and, WHEREAS, the City of Anna's consulting engineer, having thoroughly evaluated said proposals and contractors' qualifications, has recommended award of the contract to Dickerson Construction Company, Inc. in the amount of $1,311,884.50; and, WHEREAS, there are funds allocated to cash -flow the project through an Inter -local agreement (ILA) with Collin County that was previously approved by the City Council and the Collin County Commissioners Court; and, WHEREAS, the City Council desires to authorize the City Manager to award the Project to and execute a contract with Dickerson Construction Company, Inc. for construction of the Project; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. RESOLUTION NO. PAGE 1 OF 2 US 75 UTILITY RELOCATION PROJECT CONTRACT AWARD Section 2. Authorization of Contract Award. The City Council hereby approves the contract agreement with Dickerson Construction Company, Inc. of Celina, Texas, for the Project, attached hereto as Exhibit A, and authorizes, ratifies and approves the City Manager's execution of the same subject to final legal review and approval by the City Attorney. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the Agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 27th day of February 2018. ATTEST: APPROVED: City Secretary Carrie L. Smith Mayor Nate Pike RESOLUTION NO. PAGE 2 OF 2 US 75 UTILITY RELOCATION PROJECT CONTRACT AWARD RESOLUTION NO. PAGE 3 OF 2 US 75 UTILITY RELOCATION PROJECT CONTRACT AWARD QUALIFICATION STATEMENT OF BIDDERS SUBMITTED TO: City of Anna Reviewed by: Date Received: Contractor: Dickerson Construction Company, Inc. CIRCLE ONE: ❑ Sole Proprietor Name: Dickerson Const. Co. Inc. Address: P.O. Box 181 City: Celine, TX 75009 Phone: 972-382-2123 Principal Place of Business: Collin Texas County State ❑ Partnership ® Corporation ❑ Joint Venture Partner: Address: - City: Phone: Principal Place of Business County IF THE CONTRACTOR IS A CORPORATION, FILL OUT THE FOLLOWING: State of Incorporation: Texas Location of Principal Office: 1130 N. Louisiana Dr. Celina, TX 75009 Contact Persons at Office: Lewis Dickerson 972-382-2123 PERSON EXECUTING CONTRACTS ON BEHALF OF CORPORATION: Name: Lewis Dickerson Address: P.O. Box 181 Title: President Celina TX Phone: 972-382-2123 _ City State Names of Officers: (If Applicable) Lewis Dickerson - President Blake Dickerson — Vice President, JerryDickerson — Sec/Treasurer List Number of Employees Working For Contractor: 21 State LIST ALL EQUIPMENT TO BE USED ON THIS PROJECT: (Please Use Attachment) Number of Years li Business as a General Contractor on Projects similar to this Project TYPE(S) OF WORK DONE: (CIRCLE) ❑ Asphalt Paving ® Storm Sewer ❑ Concrete Paving ❑ Earth Work ® Misc. Concrete ❑ Bridge Work ❑ Channel Lining ® Demolition ® Pump Stations ❑ Landscaping Concrete Structures: Inlets, Box Culverts, Junction Boxes Other: Comments: 75009 Zip 96 ® Water & Sanitary Sewer Lines � 71 Steel Erection Painting ❑ Fog Seal ❑ Chip Seal j�ldercakanna'QO 16-114 Us75 Utility f statement doc - 9 - Qualification Statement CONTRACTOR QUALIFICTIONS Provide Only Five Separate Municipal Projects: Experience shall be on Utility Relocation Projects. All projects must have been completed in the past 5-years. Project 1: (Limit description to 300-words): Project Description: Attached Owner/Agency: Contract Price: Contact Person: Date Started: Proiect 2: (Limit description to 300-words): Project Description: Owner/Agency: Contract Price: Contact Person: Date Started: Project 3: (Limit description to 300-words): Project Description: Owner/Agency: Contract Price: Contact Person: Date Started: jAderical\anna\2016-114 us75 utility relocations\specs\contract\05-qualification statement,doc Phone: Date Completed: Phone: Date Completed: Phone: Date Completed: - 10 - Qualification Statement DICKERSON CONSTRUCTION COMPANY, INC. P. O. BOX 181 CELINA, TEXAS 75009 Pb. (972) 382-2123 or (972) 382-2782 fax (972) 382-2043 email: dcc.jid@sbeglobal.net CURRENT CONTRACTS LCMUA Point Vista 16" Waterline Contract Amount $249,944.00 Engineer - Belcheff & Assoc CITY OF SANGER No. Interstate 35 Outfall Sewer Phase III Contract Amount $974,490.50 Engineer - Pacheco Koch COMPLETED CONTRACTS CITY OF MELISSA Davis Road Sewer Interceptor Contract Amount $1,108,157.00 City of Melissa Date of Completion 7/17 CITY OF DENISON FM 1417 12" Water Contract Amount $247,737.00 Teague, Nall & Perkins Date of Completion 7/17 CITY OF SANGER No. Interstate 35 Outfall Sewer Phase II Contract Amount $1,594,118.00 Pacheco Koch Date of Completion 1/18 Project 4: (Limit description to 300-words): Project Description: Owner/Agency: Contract Price: Contact Person: Phone: Date Started: i _ _ Date Completed: Project 5: (Limit description to 300-words): Project Description: Owner/Agency: Contract Price: Contact Person: Date Started: Phone: Date Completed: • Provide total number of Municipal Utility Projects that your company has completed: • List total number of projects completed with City of Anna: • List all worker days lost due to job site safety and/or accidents within last 5-years: • Provide summary of safety program and name of Safety Officer: (USE ATTACHMENTS IF NECESSARY) J:IoJWk8IWnnaQ01S114WSUlililyrelorarienslspecsllech-spec105-quallhcarionslalemenldec -1.1 - Qualification Statement ACCIDENT PREVENTION PROGRAM SAFETY PRACTICES General Policy: 1. All employees shall comply with state and federal safety laws; plus, company and client safety rules as a condition of employment. 2. Company permits smoking only in designated safe areas. 3. Horseplay, practical joking and fighting are positively prohibited by policy. 4. The use or possession of drugs or intoxicating beverages is strictly prohibited while on duty. 5. Good housekeeping is a must and should be practiced at all times. 6. Possession of fire arms is strictly prohibited. 7. Loose or baggy clothing, chains, finger rings or long hair can create serious hazards that may cause injuries. Control these hazards at all times. 8. Clothing which is saturated with flammable, hazardous or irritating substances is not a safe or healthful practice and should be changed immediately. Protective Equipment: 1. Wear designated safety equipment if on a job that requires it. 2. The wearing of goggles, face shields or other eye protection is required during operations involving exposure of the eyes to flying or splashing particles. 3. Use all guards and other safety devices provided at all times. 4. Hard hats must be worn at all times while on job site. 5. Protective shoes, preferable steel toes, should be worn at all times while on job site. NO tennis or cloth type shoes. Tools and Equipment: 1. Power tools and hand tools are to be kept clean, in good condition and properly stored when not in use. 2. Use the proper tool and equipment for the job being performed; use them safely. When in doubt, seek advise. 3. Defective tools, equipment, machinery, hazardous conditions, or unsafe work practices or conditions should be reported immediately to your supervisor. Work Smart: 1. Stay alert at all times. Know what is going on around you. Know the safe operating procedures concerned with your assigned duties. When in doubt, ask your supervisor. 2. Keep hands and feet clear of"crushing" or "pinch" points. 3. Always get help when physically lifting heavy loads. Use proper lifting techniques at all times. 4. Do not walk, work or stand under suspended loads. Attach tag lines to guide or control loads. 5. Never take chances or short cuts. Work safely. If you are not performing your work in a safe manner, you are not doing your job. Transportation: 1. The operating of company vehicles under the influence of alcohol or drugs is prohibited. 2. All state and local speed limits and traffic laws will be observed when operating a company vehicle. Emergency: 1. Always have a safe plan of action. Be prepared. 2. Know the location of fire extinguishers, their use and how they operate. Report missing or used extinguishers to your supervisor. 3. Regardless of the seriousness of the injury, it is an employee's responsibility to report the injury immediately to his supervisor. 4. Be aware of where first -aid kits are located. SAFETY POLICY The Management of Dickerson Construction Co., Inc. recognizes its responsibility and desires to provide healthful and safe working conditions for all of its employees. Management realizes that it is not enough merely to approve the adoption of safety program. It is the intention of this company to emphasize safe work conditions at all times and to ask the help and cooperation of all employees in our company's accident prevention endeavors. Such an effort will require each employee to accept his share of responsibility in complying with the Federal, State and local safety regulations. Management must, therefore, take the attitude that accident prevention is a primary activity and that due regard to safe practices by all employees is one of the conditions of employment. In keeping with this company's desire to provide and maintain safe working conditions on and around its operating facilities, the following policy is in effect: 1. The safety of personnel and the safe operation of equipment will be a primary responsibility of all Supervisors. 2. The individual employee is responsible for performing his tasks safely and to wear appropriate personal protective equipment. 3. Supervisors are to ensure that safe work practices are provided and followed by all employees under their direction. 4. Unsafe equipment will be removed from service or repaired immediately. This is to certify that I have received and read the "Safety Policy" and "Accident Prevention Program & Safety Practices" of Dickerson Construction Company, Inc. I will follow these instructions while employed by this company. I also understand that if I am injured while at work, I must report immediately to my supervisor for proper first -aid or medical care. I further understand that failure to comply may be cause for dismissal. Date Signature Social Security Number 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? i'+_-_c If so, name of Owner and/or surety: Contact Person: Phone: Are there any unsatisfied demands upon you as to your accounts payable? U- If so, give names, amounts, and explanations: Bank Reference: Bank: Address: T- City: State: Zip: Contact Person: Phone: Municipality Reference: City: Contact Person: Position: Address: Phone: Other Credit References: Name: Address Phone: Name: Address: Phone. Claims and Suits (If the answer to any of the questions is yes, please attach details): on separate sheet of paper: Are there any judgments, .claims, arb' ation proceedings, or suits pending or outstanding against your organization or its officers? ❑ Yes No Has your organization filed any lawsuits or requested arbitration with regard to construction contracts within the last five years? ❑ Yes -�:] No Within the last five years, has any officer or principal of your organization ever been a officer or principal of another organization when it failed to complete a construction contract? ❑ Yes 1Z No J:1clerieaNanne12016-114 ue75 uUllly relocationslspecsllech-spec105-quslifiration statement doc 12 - Qualification Statement DICKERSON CONSTRUCTION COMPANY, INC. P. O. BOX 181 CELINA, TEXAS 75009 (972) 382-2123 fax (972) 382-2043 email: dcc.jld@sbcglobal.net CREDIT APPLICATION CUSTOMER NAME: DICKERSON CONSTRUCTION COMPANY, INC 1130 N. LOUISIANA DRIVE P. O. BOX 181 CELINA, TEXAS 75009 PHONE NUMBER: (972) 382-2123 FAX NUMBER: (972) 382-2043 TYPE OF BUSINESS: UTILITY PIPELINE CONSTRUCTION IN BUSINESS SINCE: 1968 INCORPORATED: 1978 FEDERAL ID#: 75-1622797 OWNERSHIP: PRESIDENT: LEWIS DICKERSON P. O. BOX 181 CELINA, TX 75009 SECRETARYITREASURER JERRY DICKERSON P. O. BOX 181 CELINA, TX 75009 ANNUAL SALES: $3 M NET INCOME: $1.8 M NET WORTH: $2 M D.L.# 05321393 HOME PHONE # (972) 382-2755 D.L.# 05903585 HOME PHONE # (972) 382-2755 BONDING: MARSH & McLENNAN AGENCY, LLC 2500 CITY WEST BOULEVARD, SUITE 2400 HOUSTON, TX 77042 PHONE # (713) 780-6100 REFERENCES: LEGACY TEXAS BANK ACC # 20027219 H D SUPPLY WATERWORKS ACC # 155674 FERGUSON WATERWORKS ACC # 26268 REDI-MIX CONCRETE ACC # 1700056 P. O. BOX 869111 PLANO, TX 75086 7197 LATHAM DR. RICHLAND HILLS, TX 76118 2650 S. PIPELINE RD. EULESS, TX 76040 331 NORTH MAIN EULESS, TX 76039 PHONE # (972) 461-1300 FAX # (972) 461-4814 PHONE # (817) 595-0580 FAX # (214) 905-0768 PHONE # (817) 858-0714 FAX # (817) 540-8022 PHONE # (817) 835-4100 In compliance with Invitation to Bid for above mentioned types of projects, the undersigned is submitting the information as required with the understanding that the purpose is only to assist in determining the qualifications for this organization to perform the type and magnitude of work designated, and further, guarantee the truth and accuracy of all statements made, and will accept your determination of qualifications without prejudice, The surety herein named, any other bonding company, bank, sub -contractor, supplier, or any other person(s), firm(s) or corporations with whom I (we) have done business, or who have extended any credit to me (us) are hereby authorized to furnish you with any information you may request concerning performance on previous work and my (our) credit standing with any of them; and I (we) hereby release any and all such parties from any legal responsibility whatsoever on account of having furnished such information to you. Signed: Title. [:..EcU j5 � 1GKEk5Dry Company: P Y ti Date: - , / w-- COPY TO LOCAL UNDERWRITING OFFICE OF PROPOSED SURETY Name: Address: Phone: City: State: i ldekanannaQL316-114 u575 ulilily relocalionslspecsliech-spedOS-qualification slalemant doo - 13 - Quali cigt on Statement QUALIFICATION STATEMENT OfBIDDERS SURETY SUBMITTEQ TO: City o1 Anna BIDDER; Dickerson Construtis?ri Company. Ine— ADDRESS: PHONE:973-j82-2123 1'. Has this.. surety f4m4t.wd. contract bonds on 0ontr6 ts'riow complata? Yes 2. Has this surety fumished centradt bonds an aantrscts:now incomplete? Yes S. What is the rtusxfmum bondirg capaolty of this CotntracWO S 1 s.000,000 4. Is the durrgrit fijtandat infamlation on this Contractor satisfactory? . .Xcq,_, 5; Does Infortn4orl obtained thdicate ac aunts srra,paid wlren.�t#e7 �� If pot, gift details: 6. Is. it your opiriion .that the tilddsr has suf font experienoe ®lid financial rm- uroes to ,sadslattory perform the bolatrW7 „ ''„ 7 Provided this bidder doss not assume other aommibnents, or that you do trot `Acquire rtali further Inforron that In your opinion will materially affect the114il es capadity to perform this contract, will } du furnish the bonds akspe id? REMARKS: Please undersland that any execution of performance and nayrnot bonds is a majigr_ -rontc _t. - . • - •- - - - SURETY: SIQNED: TITLE: Roxanne S7, j��yi]4�4tio_Y-in tact ,,. ADDRESS: 5151 San Felipe, Suite 1800 CITY; STATE: jg"g ZIP: ��4.�„ PHONE' : 71 �78i3-CsG? y (IN DUPLICATE) }+drb+�.tan,e.r «wra roora,�r�au,a,+.w.a '.t�l • Q�afillcplfon SlAfanaen[: VENDORS COMPLIANCE TO STATE LAW Texas Government Code, Chapter 2252, Subchapter A provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state Contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section 4 must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident Contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A- ❑ Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. ❑ Non-resident vendors in (give state), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate office is in the State of Texas. BIDDER/OFFEROR: 0L r1i � n Lt,By: L,5to is 7g Company: (please print) Address:&.44n f Signature: , T� nu - City State Zip Phone: 9 'i.a -,3& < a _� — Title: P&-S ►b &a - (please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION lAole0callanna12016-114 WS Wily relocalionslepa..c3llec"peo107-Yandors oompliance doc - 20 - Vendors Compliance to State Law CONFLICT OF INTEREST QUESTIONNAIRE jAc1erical\anna\2016-114 us75 utility relocations\specs\contract\08-conflict of interesl,doc - 21 - Conflict of Interest CONFLICT OF INTEREST QUESTIONNAIRE" For vendor or other person doing business with local governmental entity This questionnaire reilects changes made to the law by H.B. 1491, 80th Leg., Regular Session. This questionnaire Is being fled in accordance with Chapter 176, Local Government Code by a person who has a business relationship as defined by Section 17(3.001(1-a) with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be fried with the records administratorof the local governmental entity not later than the 7th business day after the date the person becomes awa re of facts that require the statementto be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176,006, Local Government Code. An offense underthis section is a Class misdemeanor. Name of person who has a business relationship with local governmental entity. IV I � 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 govemmentofficerwith whom filer has employment or business relationship. Name of Officer This section (item 3 including subparts A, B, C & 0) 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? F7Yes O 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 = 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 F-1 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 �—�`/8 Date Adopted 06129/200.7 jACiencalienne120116-114 u95 Wilily rebcahonslspecslterh apaot0&conFllq of interest doc - 22 - Conflict of Interest AFFIDAVIT AGAINST PROHIBITED ACTS I hereby affirm that I am aware of the provisions of Texas Penal Code Section 36.02, 36..08, 36.09 and 36.10 dealing with Bribery and Gifts to Public Servants. I further affirm that I will adhere to such rules and instruct and require all agents, employees, and sub -contractors to do the same. I am further aware that any violation of these rules subjects the Contract Agreement for this project to revocation, my removal from bid lists, prohibiting future contract/subcontract work, revocation of permits, and prosecution. Signature T ATTEST (if rporation) Date _) Date i.1clerics1Wwelzote-1,a u975 wily relocauonatapscauech-speaos.arrdavndw - 23 - Affidavit Against Prohibited Acts PROPOSAL AND BID FORM j1clerical\anna\2016-114 us75 utility re1ocalions\specs\contract\10-p&bs-1 cloc - 24 - Proposal and Bid Form PROPOSAL AND BID FORM Proposal of: Dickerson Construction Company, Inc Address: P.O. Box 181 Celine, Texas 75009 To the Honorable Mayor and City Council City of Anna, Texas (hereinafter called "Owner") (hereinafter called "Bidder") Deadline for Submission of Sealed Competitive Bid: Thursday, February 1, 2018 at 3:00 p.m. Date of Sealed Bid Opening: Thursday, February 1, 2018 at 3:00 p.m. Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of: U.S. 75 UTILITY RELOCATIONS for the City of Anna, Texas, having carefully examined the plans, specifications, notice to bidders, invitation to bid and all other related contract documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project, including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the prices stated. The Bidder binds himself on acceptance of his proposal to execute the Contract Agreement and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated in Exhibit "A" of this proposal. Bidder hereby agrees to commence the work on the above project within ten (10) days of receipt of written "Notice to Proceed" and to fully complete the project within One Hundred Thirty (130) consecutive calendar days, thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum quoted below for each calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME: The time of completion is of the essence for this project. For each day that any work shall remain uncompleted after the time specified in the proposal and the Contract Agreement, or the increased time granted by the OWNER, or as equitably increased by additional work or materials ordered after the Contract Agreement is signed, the sum per day given in the following schedule, unless otherwise specified in the special provisions, shall be deducted from the monies due the CONTRACTOR: j1clerical\anna\2016-114 us75 utility relocations\specs\contract\10-p&bs-1.doc - 25 - Proposal and Bid Form AMOUNT OF CONTRACT Less than $25,000.00 $25,000.00 to $99,999.99 $100,000.00 to $999,999.99 More than $1,000,000.00 AMOUNT OF LIQUIDATED DAMAGES $100.00 Per Day $500.00 Per Day $500.00 Per Day $500.00 Per Day The sum of money thus deducted for such delay, failure or non -completion is not to be considered as a penalty, but shall be deemed, taken and treated as reasonable liquidated damages, per day that the CONTRACTOR shall be in default after the time stipulated in the Contract Agreement for completing the work. The said amounts are fixed and agreed upon by and between OWNER and CONTRACTOR because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the OWNER in such event would sustain; and said amounts are agreed to be the amounts of damages which the OWNER would sustain and which shall be retained from the monies due, or that may become due, the CONTRACTOR under the Contract Agreement; and if said monies be insufficient to cover the amount owing, then the CONTRACTOR or its surety shall pay any additional amounts due. In the event that the actual damages incurred by the OWNER exceed the amount of liquidated damages, OWNER shall be entitled to recover its actual damages. Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with the Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of ninety (90) calendar days from date of bid opening until the date that the project is awarded by the City Council. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications, and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed, as provided in the contract documents. Enclosed with this proposal is a Cashier's Check or Certified Check for: 5% Greatest Amount Bid Dollars ($5% GAB), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. jlclerical\anna\2016-114 us75 utility re1ocations\specs\contract\10-p&bs-1 doc -26- Proposal and Bid Form Bidder understands and agrees that the Contract Agreement to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Invitation to Bid. The Contractor's attention is called to the fact that any estimate of quantities of work to be done and materials to be furnished under the specifications as shown on the Proposal, or elsewhere, is approximate only and not guaranteed. The Owner does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated quantities, nor shall the Contractor plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work or other conditions pertaining thereto. Payment will be made on actual quantities installed at the unit bid price, and no claim will be made for anticipated profits for any decrease in profits. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is further agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary, in the opinion of the Engineer, to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased are to be performed at the unit bid prices. jAdericaRanna12016-114 us75 utility relocations\specs\contract\10-p&bs-1.doc - 27 - Proposal and Bid Form CITY OF ANNA, TEXAS U.S. 75 Utility Relocations BID SCHEDULE Item Estimated Price in Extended No. Quantity Unit Descri tion and Price in Words Figures Amount 1 124 Sta. Right -of -Way Preparation $ 200.00 $ 24,800.00 complete in place, the sum of Two Hundred Dollars and No Cents per Station Furnish & Install 4-inch PVC Water Line (AWWA C-900, DR-18) with All Fittings and Embedment 2 33 L.F. by Open Cut $ 50.00 $ 1,650.00 complete in place, the sum of Fifty Dollars and No Cents per Linear Foot Furnish & Install 6-inch PVC Water Line (AWWA C-900, DR-18) with All Fittings and Embedment 3 98 L.F. by Open Cut $ 50.00 $ 4,900.00 complete in place, the sum of Fifty Dollars and No Cents per Linear Foot Furnish & Install 8-inch PVC Water Line (AWWA C-900, DR-18) with All Fittings and Embedment 4 3,097 L.F. by Open Cut $ 42.00 $ 130,074.00 complete in place, the sum of Forty -Two Dollars and No Cents per Linear Foot Furnish & Install 8-inch PVC Water Line (AWWA C-900, DR-18) by Open Cut with Type "G" 5 222 L.F. Concrete Embedment and All Fittings $ 110.00 $ 24,420.00 complete in place, the sum of One Hundred and Ten r~ ana No Cents per Linear Foot Furnish & Install 12-inch HDPE Water Line with 710 L.F. Fused Joints and Embedment by Open Cut $ complete in place, the sum of Ninety Dollars and No Cents oer Linear Foot 90.00 1 $ 63,900.00 JACLERICAL.\Anna\2016-114 US75 Utility Relocations\Specs\Contract\11-P&BS-2 xlsx - 28 Proposal and Bid Form Item Estimated Price in Extended No, Quantity Unit Description and Price in Words Figures Amount ]I Furnish & Install 12-inch PVC Water Line (AWWA C-900, DR-18) with All Fittings and 7 8,503 L.F. Embedment by Open Cut $ 57.00 $ 484,671.00 complete in place, the sum of Fifty Seven Dollars and No Cents per Linear Foot Furnish & Install 12-inch PVC Water Line (AWWA C-900, DR-18) by Other Than Open Cut 8* 474 L.F, with 18-inch Steel Encasement (1/4-inch thick)* $ 400.00 $ 189,600.00 complete in place, the sum of Four Hundred Dollars and No Cents per Linear Foot Furnish & Install 12-inch PVC Water Line (AWWA C-900, DR-18) by Other Than Open Cut 8A* 100 L.F. (No Encasement Required) $ 230.00 $ 23,000.00 complete in place, the sum of Two Hundred and Thirty Dollars and No Cents per Linear Foot Furnish & Install 12-inch PVC Water Line (AWWA C-900, DR-18) by Open Cut with Type 9 148 L.F. "G" Concrete Embedment and All Fittings $ 112.00 $ 16,576.00 complete in place, the sum of One Hundred and Twelve Dollars and No Cents per Linear Foot Connect to Existing Water Service, including Service Saddle and All Fittings to Connect to 10 33 Ea. Existing Meter & Meter Box $ 800.00 $ 26,400.00 complete in place, the sum of Eight Hundred Dollars and No Cents per Each Furnish and Install 2-inch Service Saddle, 2-inch Corporation Stop, 10 L.F. of 2-inch Polyethylene 10A* 3 Ea. Service Line and Meter Box $ 1,600.00 $ 4,800.00 complete in place, the sum of Dollars and Cents per Each J:\CLERICAL\Anna\2016-114 US75 Utility Relocations\Specs\Contract\I l-P&BS-2 xlsx - 29 Proposal and Bid Form Item Estimated Price in Extended No. Quantity Unit Description and Price in Words Figures Amount Furnish & Install 4-inch Resilient Seated Gate Valve, including Valve Stack, Valve Pad & 11 * 2 Ea. Extension $ 1,100.00 $ 2,200.00 complete in place, the sum of One Thousand One Hundred Dollars and No Cents.per Each Furnish & Install 6-inch Resilient Seated Gate Valve, including Valve Stack, Valve Pad & 12* 1 Ea. Extension $ 1,100.00 $ 1,100.00 complete in place, the sum of One Thousand One Hundred Dollars and No Cents per Each Furnish & Install 8-inch Resilient Seated Gate Valve, including Valve Stack, Valve Pad & 13* 10 Ea. Extension $ 1,400.00 $ 14,000.00 complete in place, the sum of One Thousand Four Hundred Dollars and No Cents per Each Furnish & Install 12-inch Resilient Seated Gate Valve, including Valve Stack, Valve Pad & 14* 28 Ea. Extension $ 2,250.00 $ 63,000.00 complete in place, the sum of Two Thousand Two Hundred Fifty Dollars and No Cents per Each 15* 3 Ea. Furnish & Install 8-inch Blow -off Valve $ 3,500.00 $ 10,500.00 complete in place, the sum of Three Thousand Five Hundred Dollars and No Cents per Each Furnish & Install Standard Fire Hydrant and 16* 6 Ea. Fittings $ 4,500.00 $ 27,000.00 complete in place, the sum of Four Thousand Five Hundred Dollars and No Cents per Each 1:\CLBRICAL\Anna\2016-114 US75 Utility Relocations\Specs\Contract\11-P&BS-2 xlsx - 30 Proposal and Bid Form Item Estimated Price in Extended No. Quantity Unit Description and Price in Words Figures Amount 17 2 Ea. Relocate Existing Fire Hydrant $ 2,500.00 $ 5,000.00 complete in place, the sum of Two Thousand Five Hundred Dollars and No Cents per Each Furnish & Install 2-inch Combination Air Release 18* 4 Ea. Valve w/ 4-foot Manhole $ 4,500.00 $ 18,000.00 complete in place, the sum of Four Thousand Five Hundred Dollars and No Cents Per Each 19 2 Ea. Connect to Existing 2-inch Water Line $ 1,000.00 $ 2,000.00 complete in place, the sum of One Thousand Dollars and No Cents per Each 20 3 Ea. Connect to Existing 4-inch Water Line $ 1,500.00 $ 4,500.00 complete in place, the sum of One Thousand Five Hundred Dollars and No Cents per Each 21 3 Ea. Connect to Existing 6-inch Water Line $ 1,500.00 $ 4,500.00 complete in place, the sum of One Thousand Five Hundred Dollars and No Cents per Each 22 2 Ea. Connect to Existing 8-inch Water Line $ 1,800.00 $ 3,600.00 complete in place, the sum of One Thousand Eight Hundred Dollars and No Cents per Each 23 5 Ea. Connect to Existing 12-inch Water Line $ 2,000.00 $ 10,000.00 complete in place, the sum of Two Thousand Dollars and No Cents per Each 24 11 Ea. Cut, Plug & Abandon Existing Water Line $ 1,200.00 $ 13,200.00 complete in place, the sum of One Thousand Two Hundred Dollars and No Cents per Each 1:\CLER[CAL\Anna\2016-114 US75 Utility Reloca[ions\Specs\Contract\l 1-P&BS-2.xlsx - 31 Proposal and Bid Form Item Estimated Price in Extended No. Quantity Unit Description and Price in Words Figures Amount 25 1 L.S. Furnish Erosion Control Plan $ 2,500.00 $ 2,500.00 complete in place, the sum of Two Thousand Five Hundred Dollars and No Cents per Lump Sum Furnish, Install, Maintain and Remove Erosion 26 12,371 L.F. Control Devices $ 1.50 $ 18,556.50 complete in place, the sum of One Dollars and Fifty Cents per Linear Foot Furnish, Install, Maintain and Remove Traffic 27 5 Mos. Control Devices $ 2,500.00 $ 12,500.00 complete in place, the sum of Two Thousand Five Hundred Dollars and No Cents per Month 28 1 L.S_ Furnish Trench Safety Plan $ 1,000.00 $ 1,000.00 complete in place, the sum of One Thousand Dollars and No Cents per Lump Sum Furnish, Install, Maintain and Remove Trench 29 12,371 L.F. Safety Systems $ 2.00 $ 24,742.00 complete in place, the sum of Two Dollars and No Cents per Linear Foot 30 18 S.Y. Remove & Replace Gravel Driveway $ 10.00 $ 180.00 complete in place, the sum of Ten Dollars and No Cents per Square Yard 31 174 S.Y. Remove & Replace Concrete Driveway $ 100.00 $ 17,400.00 complete in place, the sum of One Hundred Dollars and No Cents per Square Yard I:\CLERICAL\Anna\2016-I 14 US75 Utility Relocations\Specs\Contract\lI-P&DS-2 xlsx - 32 Proposal and Bid Form Item Estimated F Price in Extended No. Quantity Unit Description and Price in Words Figures Amount 32 40 S.Y. Remove & Replace Asphalt Pavement $ 90.00 $ 3,600.00 complete in place, the sum of Ninety Dollars and No Cents er Square Yard 33 48 S.Y. Remove & Replace Concrete Sidewalk $ 55.00 $ 2,640.00 complete in place, the sum of Fifty -Five Dollars and No Cents per S uare Yard 34 47 S.Y. Remove Concrete Pavement $ 50.00 $ 2,350.00 complete in place, the sum of Fifty Dollars and No Cents per S uare Yard 35 241 L.F. Full Depth Sawcut $ 10.00 $ 2,410.00 complete in place, the sum of Ten Dollars and No Cents per Linear Foot 36 241 L.F. Install Longitudinal Butt Joint $ 50.00 $ 12,050.00 complete in place, the sum of Fifty Dollars and No Cents per Linear Foot 37 20 L.F. Remove & Replace Barbed Wire Fence $ 10.00 $ 200.00 complete in place, the sum of Ten Dollars and No Cents per Linear Foot 38 739 L.F. Remove & Replace Pipe Rail Fence $ 25.00 $ 18,475,00 complete in place, the sum of Twenty -Five Dollars and No Cents Per Linear Foot 39 149 L.F. Remove & Replace Hog Wire Fence $ 10.00 $ 1,490.00 complete in place, the sum of Ten Dollars and No Cents per Linear Foot JACLERICAL\Anna\2016-114 US75 Utility Relocations\Specs\Contract\I 1-P&BS-2 xlsx - 33 Proposal and Bid Form Item Estimated Price in Extended No. Quantity Unit Description and Price in Words Figures Amount 40 57 L.F. Remove & Replace 6-inch Monolithic Curb $ 50.00 $ 2,850.00 complete in place, the sum of Fifty Dollars and No Cents per Linear Foot 41 1 L.F. Remove & Replace Barrier Free Ramp $ 250.00 $ 250.00 complete in place, the sum of Two Hundered Fit Dollars and No Cents per Linear Foot 42 68 S.Y. Cement Stabilized Backfill $ 100.00 $ 6,800.00 complete in place, the sum of One Hundred Dollars and No Cents per Square Yard 43 16 Ea. Furnish & Install Concrete Bollard $ 250.00 $ 4,000.00 complete in place, the sum of Two Hundered Fit Dollars and No Cents per Each 44 1 Ea. Remove & Replace Ornamental Gate $ 2,500.00 $ 2,500.00 complete in place, the sum of Two Thousand Five Hundred Dollars and No Cents Rer Each 45 2 Ea. For Project Signs $ 1,000.00 $ 2,000.00 complete in place, the sum of One Thousand Dollars and No Cents per Each TOTAL AMOUNT BID (Items 1 Through 45) 1 $ 1,311,884.50 Buy American compliance document will be provided as required for the items marked in accordance with TxDOT/FHWA letter dated April 7, 2014 :"CLERI,'.4UAru,a'.2016-i k US75 Lrtairy avt',i I-P&BS-z xisx - 34 Proposal and Bid Form BID PROPOSAL FOR U.S. 75 UTILITY RELOCATIONS Recapitulations TOTAL BID: $ 1, 311, 884.50 Notice of award will be mailed to the undersigned at the following addresses: Dickerson Const. Co.. Inc. Contractor 113011 Louisiana Celina. TX 75009 Collin Co Principal Place of Business (Corp. Seal if Bidder is Corporation) Attest: Secretary. - Acknowledgment is hereby made of receipt of the following Addenda, if any: No. One Date: 1-29-18 No. Date: No. Date: List Subcontracts (Company name, contact number and type of work): j_1cl©ricaRannai2016-114 us75 utility reloc-ationslspecsiccmiract112-p&bs-3 doc -35- Proposal and Bid Form CONTRACT AGREEMENT THIS U.S. 75 Utility Relocations Contract (hereinafter this "Contract Agreement") entered into this day of 20 by and between the CITY OF ANNA, TEXAS, a Texas municipal corporation, ("City") and ("Contractor"), located at WITNESSETH: WHEREAS, the City wishes to contract for the project identified as U.S. 75 UTILITY RELOCATIONS (the "Project"); and WHEREAS, the Project shall include all work and activities necessary to complete the following scope of work (hereinafter referenced as "Work"): U.S. 75 UTILITY RELOCATIONS in accordance with the Contract Documents as that term is defined herein; and WHEREAS, the Contractor has represented to the City that its personnel are qualified to provide the Work required in this Contract Agreement in a professional, timely manner as time is of the essence; and WHEREAS, the City has relied upon the above representations by the Contractor; and WHEREAS, the City's consulting engineer has recommended that an agreement for aforesaid construction be entered into with the Contractor; NOW, THEREFORE, for and in consideration of these premises, of the mutual covenants herein set forth, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: Section 1. DOCUMENTS INCORPORATED BY REFERENCE This Contract Agreement includes the recitals set forth above and the following documents: Invitation to Bid; Notice to Bidders; Qualification Statement of Bidders; Qualification Statement of Bidder's Surety; Prevailing Wage Rates for Municipal Construction in Anna, Texas; Vendors Compliance to State Law; Conflicts of Interest Questionnaire; Affidavit Against Prohibited Acts; Proposal and Bid Form; Request for Certificate of Exemption from Texas Limited Sales, Excise and Use Tax; Contract Agreement; Bidders Bond; Performance Bond; Payment Bond; Maintenance Bond; Certificate of Insurance; jklerical\anna\2016-114 us75 utility relocations\specs\conlract\13-agreement doc CA-1 Contract Agreement Notice to Proceed; Any executed Change Orders; Supplementary General Provisions and Technical Specifications; and, Plans, Specifications and Drawings and all other documents made available to bidder for his inspection in accordance with Invitation to Bid,' all of which are hereby incorporated herein by reference, whether or not attached hereto, and made a part hereof (hereinafter along with this Contract Agreement and referenced collectively as the "Contract" or "Contract Documents"). Change Orders issued hereafter, Construction Change Directives, a Direction for a Minor Modification in the Work issued by the City, and any other amendments executed by the City and the Contractor, shall become and be a part of the Contract Documents. Documents not included or expressly contemplated in this Section 1 do not, and shall not, form any part of the Contract. The Contract Documents are intended to be complementary, and a requirement in one document shall be deemed to be required in all documents. However, in the event of any conflict between any of the above -listed documents and this Contract Agreement, this Contract Agreement shall control. Section 2. REPRESENTATIONS OF THE CONTRACTOR In order to induce the City to execute the Contract and recognizing that the City is relying thereon, the Contractor, by executing the Contract, makes the following express representations to the City: 2.01 The Contractor is fully qualified to act as the general contractor for the Project and has, and shall maintain, any and all licenses, permits or other authorizations necessary to act as the general contractor for, and to construct the Project; 2.02 The Contractor has become familiar with the Project site and the local conditions under which the Project is to be constructed and operated; 2.03 The Contractor has received, reviewed and examined all of the documents which make up the Contract, including, but not limited to all plans and specifications, and has found them to the best of its knowledge, to be complete, accurate, adequate, consistent, coordinated and sufficient for construction. Section 3. INTENT AND INTERPRETATION With respect to the intent and interpretation of the Contract, the City and the Contractor agree as follows: 3.01 This Contract Agreement (along with its exhibits and other documents expressly referenced in Section 1, above), together with the Contractor's and Surety's bid/proposal bond, performance and payment bonds, and maintenance bonds for the Project constitute the entire and exclusive agreements between the parties with reference to the Project, and said Contract supersedes any and all prior discussions, communications, representations, understandings, negotiations, or agreements. r If plans, specifications or drawings are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. jAclerical\anna\2016-114 us75 utility relocations\specs\contract\1 3-agreement doc CA-2 Contract Agreement 3.02 Anything that may be required, implied or reasonably inferred by the documents which make up the Contract, or any one or more of them, shall be provided by the Contractor with no increase to the Contract Price; 3.03 Nothing contained in the Contract shall create, nor be interpreted to create, privity or any other relationship whatsoever between the City and any person except the Contractor; 3.04 When a word, term, or phrase is used in the Contract, it shall be interpreted or construed first, as defined herein; second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage; 3.05 Wherever the Contract calls for "strict" compliance or conformance with the Contract Documents as to matters —other than compliance with time limits, providing an updated schedule, and claim and change order procedures —the term shall mean within tolerances as described specifically in the Contract Documents, or if not specifically described, within industry standards and tolerances for deviation for the specific item or procedure in question; 3.06 The words "include", "includes", or "including", as used in the Contract, shall be deemed to be followed by the phrase, "without limitation"; 3.07 The listing herein of any items as constituting a material breach of the Contract shall not imply that any other, non listed item will not constitute a material breach of the Contract; 3.08 The Contractor shall have a continuing duty to read, examine, review, compare and contrast each of the documents which make up the Contract, shop drawings, and other submittals and shall give written notice to the City of any conflict, ambiguity, error or omission which the Contractor may find with respect to these documents, before proceeding with the associated part of the Work. The express or implied approval by the City or its designee of any shop drawings or other submittals shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor's compliance with the Contract. If the Contractor performs any activity knowing it involves an error, inconsistency or omission which was recognized, obvious, or reasonably should have been recognized, without such notice to the City, the Contractor shall assume responsibility for such performance and shall bear the costs for correction; 3.09 In the event of any conflict, discrepancy, or inconsistency among any of the documents which make up the Contract, the following shall control: (1) as between this Contract Agreement and any other document, this document shall govern; or, (2) in the case of any conflict, discrepancy or inconsistency among any of the other Contract Documents, and such conflict is not resolved by reference to the Supplementary General Provisions and Technical Specifications, then the Contractor shall notify the City immediately upon discovery of same for resolution. jlclerical\anna\2016-114 us75 utility relocations\specs\contract\13-agreement doc CA-3 Contract Agreement Section 4. CONTRACTOR'S PERFORMANCE The Contractor shall perform all of the Work required, implied or reasonably inferable from the Contract including, but not limited to, the following: 4.01 The Contractor will complete the entire Work described in the Contract Documents, except as specifically identified therein as the work of other parties or expressly excluded by specific reference, in accordance with the terms herein. 4.02 The furnishing of any and all required surety bonds and insurance certificate(s) and endorsement(s); 4.03 The provision or furnishing, and prompt payment therefor, of labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, disposal, power, fuel, heat, light, cooling, or other utilities, required for construction and all necessary building permits and other permits or licenses required for the construction of the Project; 4.04 The creation and maintenance of specifications, addenda, change construction. Said items shall be st upon Completion of the Project, and to final payment to the Contractor drawings to the City. a detailed and comprehensive copy of the drawings, )rders and other modifications depicting all as -built bmitted to the City, along with other required submittals receipt of same by the City shall be a condition precedent The Contractor shall prepare and submit final as -built Section 5. TIME FOR CONTRACTOR'S PERFORMANCE; DELAYS 5.01 The Contractor shall commence the performance of the Contract on the date set forth in the Notice to Proceed issued by the City Manager or the City Manager's designee and shall diligently continue its performance to and until Completion of the Project. The Contractor shall accomplish Completion (as defined herein below) of the Project not more than One Hundred Thirty (130) calendar days following the issuance of the Notice to Proceed, (sometimes hereinafter referred to as the "Contract Time"). This Contract Time includes Ten (10) inclement weather days. By signing the Contract, the Contractor agrees that the Contract Time is a reasonable time for accomplishing Completion of the Project and completion of the Project within the Contract Time is of the essence. 5.02 The Contractor shall pay the City the sum of $500 per day for each and every calendar day of unexcused delay in achieving Substantial Completion beyond the date set forth herein for Substantial Completion. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the City, estimated at the time of executing the Contract. When the City reasonably believes that Substantial Completion will be inexcusably delayed, the City shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the City to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for which the City has withheld payment, the City shall promptly release to the Contractor those funds withheld over and above what ultimately came due as liquidated damages; 5.03 The term "Substantial Completion", as used herein, shall mean the point at which, as certified in writing by the City's consulting architect/engineer or other appropriate independent contractor or representative and approved by the City, the Project is at a level of completion in strict j:\clerical\anna\2016-114 us75 utility relocalions\specs\contract\13-agreement doc CA-4 Contract Agreement compliance with the Contract such that the City or its designee can enjoy beneficial use or occupancy and can legally occupy, use or operate it in all respects, for its intended purpose. Partial use or occupancy of the Project shall not result in the Project being deemed substantially complete, and such partial use or occupancy shall not be evidence of Substantial Completion. 5.04 All limitations of time set forth herein are material and are of the essence of the Contract. 5.05 Contractor agrees to punctually and diligently perform all parts of the Work at the time scheduled in this Contract Agreement. In this connection, Contractor agrees that it will keep itself continually informed of the progress of the job and will, upon its own initiative, confer with the City so as to plan its Work in coordinated sequence with the work of the City, if any, and of others and so as to be able to expeditiously undertake and perform its work at the time most beneficial to the entire Project. The Contractor will be liable for any loss, costs, or damages sustained by the City for delays in performing the Work hereunder, other than for excusable delays, as set forth in 5.06 below, for which Contractor may be granted a reasonable extension of time. 5.06 If the Contractor is delayed at any time in the progress of the Work by any separate contractor employed by the City, or by changes in the Work, or by labor disputes, fire, unusual delay in transportation, unusually severe weather conditions, unavoidable casualties, delays specifically authorized by the City, or by causes beyond the Contractor's control, avoidance, or mitigation, and without the fault or negligence of the Contractor and/or subcontractor or supplier at any tier, then the contract time shall be extended by Change Order for such reasonable time, if any, as the City may determine that such event has delayed the progress of the Work, or overall completion of the Work if the Contractor complies with the notice and documentation requirements set forth below. (1) If the Contractor is delayed, obstructed, hindered or interrupted for a period of time exceeding seven calendar days by any act or neglect of the City, an adjustment shall be made for any increase in the direct cost of performance of this contract (excluding profit, extended home office overhead, incidental or consequential damages or disruption damages) and the Contract modified in writing accordingly. The Contractor must assert its right under this section by giving written notice to the City Manager within 10 calendar days of the beginning of a delay, obstruction, hindrance or interruption by the City. No adjustment shall be made for any delay, obstruction, hindrance or interruption after final payment under this contract or to the extent that performance would have been so delayed, obstructed, hindered or interrupted by any other cause, including, but not limited to concurrent cause or fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract. The direct costs described above shall be limited to those direct costs attributable solely to this project, and shall be subject to documentation and verification of costs as required by the City. If unit prices are established in the Contract Documents or subsequently agreed upon, they shall form the basis for cost calculations under any claims for delay. (2) Any claim for extension of time shall be made in writing to the City, not more than 10 calendar days from the beginning of the delay. The notice shall indicate the cause of delay upon the progress of Work. If the cause of the delay is continuing, the Contractor must give such written notice every 10 calendar days. Within 10 calendar days after the elimination of any such delay, the Contractor shall submit further documentation of the delay and a formal Change Order request for an extension of time for such delay. (3) The written request for a time extension shall state the cause of the delay, the number of calendar days extension requested, and such analysis and other documentation as is jAderical\anna\2016-114 us75 utility relocations\specs\contract\13-agreement doc CA-5 Contract Agreement reasonably requested by the City to demonstrate a delay in the progress of the Work or the overall project completion. If the Contractor does not comply with the above notice and documentation requirements, the claim for the delay shall be waived by the Contractor. The above notice and documentation requirements shall also be a condition precedent to the Contractor's entitlement to any extension of time. (4) Extensions of time will be the contractor's primary remedy for any and all delays, obstructions, hindrances, or interference. Payment or compensation, for direct costs only (as set forth above), may be made to the Contractor for hindrances or delays solely caused by the City if such delays or hindrances are within the City's ability to control and are not partially caused by the Contractor or any of its agents, subcontractors or others for whom it is responsible. No payment or compensation will be made for interference, obstructions, hindrances or delays which are not solely caused by the City and which the City fails to cure after a reasonable period after written notice. (5) Without limitation, the City's exercise of its rights under provisions related to changes to the Work, regardless of the extent or number of such changes, or the City's exercise of any of its remedies or any requirement to correct or re -execute defective Work, shall not under any circumstances be construed as delays, hindrances or interference compensable further than as described herein. Section 6. FIXED PRICE AND CONTRACT PAYMENTS 6.01 The City shall pay, and the Contractor shall accept, as full and complete payment for the Contractor's timely performance of its obligations hereunder the fixed price of $ The price set forth in this Section 6.01 shall constitute the Contract Price, which shall not be modified except by Change Order or adjustment pursuant to approved unit prices, if any, as provided in the Contract. 6.02 The City shall pay the Contract Price to the Contractor in accordance with the procedures set forth in this Section 6 and as set forth here: (1) On or before the 10th calendar day of each month after commencement of performance, but no more frequently than once monthly, the Contractor may submit a payment request for the period ending the last calendar day of the previous month (the "Payment Request"). Said Payment Request shall be in such format and include whatever supporting information as may be required by the City. Therein, the Contractor may request payment for 90% of that part of the Contract Price allocable to Contract requirements properly provided, labor, materials and equipment properly incorporated in the Project, and materials or equipment necessary for the Project and properly stored at the Project site (or elsewhere if offsite storage is approved in writing by the City), less the total amount of previous payments received from the City. Payment for materials stored offsite shall be at the discretion of the City and if approved, the Contractor shall provide appropriate documentation to substantiate materials are stored in a bonded warehouse or facility, title or other proof of ownership has been transferred to the City, and that materials have been purchased and paid for by the Contractor (copies of paid invoices must be submitted to the City with payment request). Risk of loss shall be borne by, and insurance must be provided by the Contractor while in storage, transit and use during construction. At 75% completion of the Contract, by dollar value, and at the option of the City, retainage may be reduced to 5% plus an additional amount as detailed in Section 6.06 below for any part of the Work that is defective or non -conforming and in Section 5.02 above for anticipated liquidated damages. jAclericallanna\2016-114 us75 utility relocations\specs\contract\13-agreement.doc CA-6 Contract Agreement (2) Amounts reflected in Change Orders may be included in Payment Requests to the extent they are not in dispute and subject to final approval of cost to the City for such changes in work. (3) Each Payment Request shall be signed by the Contractor and shall constitute the Contractor's representation that the quantity of Work has reached the level for which payment is requested, that the Work has been properly installed or performed in strict compliance with the Contract, and that the Contractor knows of no reason why payment should not be made as requested. (4) Thereafter, the City shall review the Payment Request and may also review the Work at the Project site or elsewhere to determine whether the quantity and quality of the work is as represented in the Payment Request and is as required by the Contract. The amount of each such payment shall be the amount approved for payment by the City less such amounts, if any, otherwise owing by the Contractor to the City or which the City shall have the right to withhold as authorized by the Contract, subject to approval by the City. Approval of the Contractor's Payment Requests shall not preclude the City from the exercise of any of its rights as set forth in 6.06 herein below. (5) The submission by the Contractor of a Payment Request also constitutes an affirmative representation and warranty that all work for which the City has previously paid is free and clear of any lien, claim, or other encumbrance of any person whatsoever. As a condition precedent to payment, the Contractor shall, if required by the City, also furnish to the City properly executed waivers of lien or claim, in a form acceptable to the City, from all subcontractors, materialmen, suppliers or others having lien or claim rights, wherein said subcontractors, materialmen, suppliers or others having lien or claim rights, shall acknowledge receipt of all sums due pursuant to all prior Payment Requests and waive and relinquish any liens, lien rights or other claims relating to the Project site. Furthermore, the Contractor warrants and represents that, upon payment of the Payment Request submitted, title to all work included in such payment shall be vested in the City. 6.03 When payment is received from the City, the Contractor shall within seven calendar days pay all subcontractors, material men, laborers and suppliers the amounts they are due for the work covered by such payment. In the event the City becomes informed that the Contractor has not paid a subcontractor, material man, laborer, or supplier as provided herein, the City shall have the right, but not the duty, to issue future checks and payment to the Contractor of amounts otherwise due hereunder naming the Contractor and any such subcontractor, material man, laborer, or supplier as joint payees. The City shall notify the Contractor of its intent to implement such a procedure, and will give the Contractor a reasonable period to cure any such failure prior to implementing the procedure. Such joint -check procedure, if employed by the City, shall create no rights in favor of any person or entity beyond the right of the named payees to payment of the check as a co -payee and shall not be deemed to commit the City to repeat the procedure in the future. 6.04 Neither payment to the Contractor, full or partial utilization of the Project for any purpose by the City, nor any other act or omission by the City shall be interpreted or construed as an acceptance of any work of the Contractor not strictly in compliance with the Contract; 6.05 After written notice to the Contractor and a reasonable opportunity to cure, the City shall have the right to refuse to make payment, in whole or in part, and, if necessary, may demand the return of a portion or all of the amount previously paid to the Contractor due to: j:\clerical\anna\2016-114 us75 utility relocations\specs\contract\13-agreement doc CA-7 Contract Agreement (1) The quality of a portion, or all, of the Contractor's work not being in accordance with the requirements of the Contract; (2) The quantity of the Contractor's work not being as represented in the Contractor's Payment Request, or otherwise; (3) The Contractor's rate of progress being such that, in the opinion of the City, Substantial Completion may be inexcusably delayed; (4) The Contractor's failure to use Contract funds, previously paid the Contractor by the City, to pay Contractor's Project -related obligations including, but not limited to, subcontractors, laborers and material and equipment suppliers; (5) Claims made, or likely to be made, against the City or its property for which the Contractor or its agents or subcontractors or others for whom it is responsible are, or reasonably appear to be at fault; (6) Loss caused by the Contractor; (7) The Contractor's failure or refusal to perform any of its obligations to the City, after written notice and a reasonable opportunity to cure as set forth above. In the event that the City makes written demand upon the Contractor for amounts previously paid by the City as contemplated in this Section 6.05, the Contractor shall promptly comply with such demand. The City's rights hereunder survive the term of this Contract Agreement, are not waived by final payment and/or acceptance, and are in addition to Contractor's obligations elsewhere herein. 6.06 When the Contractor believes that Substantial Completion has been achieved, the Contractor shall notify the City in writing and shall furnish a listing of those matters, if any, yet to be finished. The City will thereupon conduct a site review to confirm that the Project is in fact substantially complete. If the City, through its review, finds that the Contractor's work is not substantially complete, and is required to repeat all, or any portion, of such review, the Contractor shall bear the cost of such repeat site review(s), which cost may be deducted by the City from any payment then or thereafter due to the Contractor. Guarantees and equipment warranties required by the Contract shall commence on the date of Substantial Completion. Upon Substantial Completion, the City shall pay the Contractor an amount sufficient to increase total payments to the Contractor to 100% of the Contract Price less any amounts attributable to damages, and less 150% of the costs, as reasonably determined by the City, incurred for the City to complete any incomplete work, correcting and bringing into conformance all defective and nonconforming work, and handling any outstanding or threatened claims. Such a calculation by the City of costs for completing all incomplete work, correcting and bringing into conformance all defective and nonconforming work, and handling any outstanding or threatened claims shall not bar the City from exercising its stated rights elsewhere in the Contract, or otherwise as provided by law for any incomplete, defective or nonconforming work or claims that are discovered by the City after the date of making such calculation or after the date of any partial or final payment, whether or not such incomplete, defective or nonconforming work or claims were obvious or should have been discovered earlier. 6.07 When the Project is finally complete and the Contractor is ready for a final review, it shall notify the City thereof in writing. Thereupon, the City will perform a final site review of the Project. If the City concurs that the Project is complete in full accordance with the Contract and that the Contractor has performed all of its obligations to the City hereunder, the Contractor will furnish a final Approval for Payment to the City certifying to the City that the Project is complete and the jAclerical\anna\2016-114 us75 utility relocations\specs\contrac1\13-agreement doc CA-8 Contract Agreement Contractor is entitled to the remainder of the unpaid Contract Price, less any amount withheld pursuant to the Contract. If the City is unable to issue its final Approval for Payment and is required to repeat its final review of the Project, the Contractor shall bear the cost of such repeat review(s), which costs may be deducted by the City from the Contractor's final payment; 6.08 The City shall, subject to its rights set forth in Section 6.06 above and elsewhere in the Contract, endeavor to make final payment of all sums due the Contractor within 30 calendar days of the final Approval for Payment, with the exception of items in dispute or concerning which the City has exercised any of its rights to investigate or remove. Section 7. INFORMATION AND MATERIAL SUPPLIED BY THE CITY 7.01 The City has furnished to the Contractor, prior to the execution of this Contract Agreement, all written and tangible material in its possession relevant to the conditions at the site of the Project. Such written and tangible material has been furnished to the Contractor only in order to make complete disclosure of such material as being in the possession of the City and for no other purpose. By furnishing such material, the City does not represent, warrant, or guarantee its accuracy either in whole, in part, implicitly or explicitly, or at all. 7.02 Differing site conditions. The Contractor shall promptly, and before such conditions are disturbed, notify the City in writing of: (1) subsurface or latent physical conditions at the site differing materially from those indicated in the contract, or (2) unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in this contract. The City shall investigate the conditions, and if it finds that such conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the Work under the Contract, whether or not changed as a result of such conditions, an adjustment shall be made, through negotiation and mutual agreement, and the contract modified in writing accordingly. Section 8. CEASE AND DESIST ORDER/OWNER'S RIGHT TO PERFORM WORK 8.01 In the event the Contractor fails or refuses to perform the Work, or any separable part thereof, as required herein, or with the diligence that will ensure its proper, timely completion in accordance with the contract documents, the City may instruct the Contractor, by written notice, to cease and desist further Work, in whole or in part, or to correct deficient Work. Upon receipt of such instruction, the Contractor shall immediately cease and desist, or proceed, as instructed by the City. In the event the City issues such instructions to cease and desist, the Contractor must, within seven calendar days of receipt of the City's instructions, provide a written, verified plan to eliminate or correct the cause of the City's order, which plan appears to the City to be reasonable, actually attainable and in good faith. In the event that the Contractor fails and/or refuses to provide such a plan or diligently execute an approved plan, then the City shall have the right, but not the obligation, to carry out the Work, or any portion thereof, with its own forces, or with the forces of another contractor, and the Contractor shall be fully responsible and liable for the costs of the City performing such work, which costs may be withheld from amounts due to the Contractor from the City. The rights set forth herein are in addition to, and without prejudice to, any other rights or remedies the City may have against the Contractor. If Work completed by the City or other contractor affects, relates to, is to be attached onto or extended by later Work of the Contractor, the Contractor shall, prior to proceeding with the later Work, and to the extent visible, report any apparent defects or variance from the Contract requirements which would render the Contractor's later Work not in compliance with the Contract requirements or defective or not in compliance with warranties or other obligations of the Contractor hereunder. jAclerical\anna\2016-114 us75 utility re1ocations\specs\contract\13-agreement doc CA-9 Contract Agreement 8.02 The provisions of this section shall be in addition to the City's ability to remove portions of the Work from the Contract and complete it separately. Section 9. CONTRACTOR'S DUTIES, OBLIGATIONS AND RESPONSIBILITIES In addition to any and all other duties, obligations and responsibilities of the Contractor set forth in the Contract Documents, the Contractor shall have and perform the following duties, obligations and responsibilities to the City: 9.01 Reference is hereby made to the continuing duties set forth in Section 3.08 above, which are by reference hereby incorporated in this Section 9.01. The Contractor shall not perform work without adequate plans and specifications, or without, as appropriate, approved shop drawings, or other submittals. If the Contractor performs work knowing or believing, or if through exercise of reasonable diligence it should have known that such work involves an error, inconsistency or omission in the Contract without first providing written notice to the City, the Contractor shall be responsible for such work and shall correct same bearing the costs set forth in Section 3.08 above. 9.02 All work shall strictly conform to the requirements of the Contract. To that end, the Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work, unless otherwise specified in the Contract Documents; 9.03 The work shall be strictly supervised, the Contractor bearing full responsibility for any and all acts, errors or omissions of those engaged in the work on behalf of the Contractor, including, but not limited to, all subcontractors and their employees. The Contractor shall maintain an on - site superintendent while any portion of the Work is being performed. The Contractor shall operate exclusively in the capacity of the City's independent contractor as to all work it performs under the Contract, and not as an agent, employee, or representative of the City; 9.04 The Contractor hereby warrants that all laborers furnished under the Contract shall be qualified and competent to perform the tasks undertaken, that the product of such labor shall yield only first-class results, that all materials and equipment provided shall be new (unless otherwise specified) and of high quality, that the completed work will be complete, of high quality, without defects, and that all work strictly complies with the requirements of the Contract. Any work not strictly complying with the requirements of this the Contract shall constitute a breach of the Contractor's warranty. 9.05 The Contractor will be responsible for acquiring all required permit(s)—except as specifically stated in Section 22.01 below —and calling for all required or routine inspections. The Contractor will cooperate with and abide by the decision of inspectors having jurisdiction. Should the Contractor have a dispute with any inspector or entity having jurisdiction, the Contractor shall promptly notify the City Manager or the City Manager's designee. The Contractor shall comply with all legal requirements applicable to the work 9.06 The Contractor shall employ and maintain at the Project site only competent, qualified full time supervisory personnel. Key supervisory personnel assigned by the Contractor to this Project are as follows: NAME FUNCTION jklerical\anna\2016-114 us75 utility relocations\specs\contract\13-agreement.doc CA-10 Contract Agreement If at any time the City reasonably determines that any employee of the Contractor is not properly performing the Work in the best interest of the City or the Project, or is hindering the progress of the Work, or is otherwise objectionable, the City shall so notify the Contractor, which shall replace the employee as soon as possible, at no increased cost to the City. 9.07 The Contractor must submit to the City the Contractor's schedule for completing the work prior to submittal of the first application for payment. The City will not review any payment request until such schedule has been submitted and approved. Such schedule shall be in a form as specified in the Contract or which shall have been approved by the City Manager or the City Manager's designee, and which shall provide for expeditious and practicable construction of the Project. The Contractor's schedule shall be updated no less frequently than monthly (unless the parties otherwise agree in writing) and shall be updated to reflect conditions encountered from time to time and shall apply to the total project. Each such revision shall be furnished to the City. Strict compliance with the requirements of this Section 9.07 shall be a condition precedent to payment to the Contractor, and failure by the Contractor to strictly comply with said requirements shall constitute a material breach of the Contract. 9.08 The Contractor shall keep an updated copy of the Contract Documents at the site. Additionally, the Contractor shall keep a copy of approved shop drawings and other submittals. All of these items shall be available to the City during all regular business hours. 9.09 Shop drawings and other such submittals from the Contractor do not constitute a part of the Contract. The Contractor shall not do any work requiring shop drawings or other submittals unless such shall have been approved in writing by the City or as required by the Contract Documents. All work requiring approved shop drawings or other submittals shall be done in strict compliance with such approved documents or Contract requirements. However, approval by the City shall not be evidence that work installed pursuant thereto conforms with the requirements of the Contract, and shall not relieve the Contractor of responsibility for deviations from the Contract unless the City has been specifically informed of the deviation by a writing incorporated in the submittals and has approved the deviation in writing. The delivery of submittals shall constitute a representation by the Contractor that it has verified that the submittals meets the requirements of the Contract, or will do so, including field measurements, materials and field construction criteria related thereto. The City shall have no duty to review partial submittals or incomplete submittals. The Contractor shall have the duty to carefully review, inspect, examine and physically stamp and sign any and all submittals before submission of same to the City. 9.10 The Contractor shall maintain the Project site and adjacent areas affected by its work and/or the acts of its employees, materialmen and subcontractors in a reasonably clean condition during performance of the work. Upon substantial completion, the Contractor shall thoroughly clean the Project site of all debris, trash and excess materials or equipment. If the Contractor fails to do so, the City may complete the cleanup, by its own forces or by separate contract, and shall be entitled to charge the Contractor for same through the collection or withholding of funds through the mechanisms provided elsewhere in this Contract Agreement; jAclerical\anna\2016-114 us75 utility reloca1ions\specs\contract\13-agreement doc CA-11 Contract Agreement 9.11 At all times relevant to the Contract, the Contractor shall permit the City and its consultants to enter upon the Project site and any offsite lay down areas, safety permitting, and to review or inspect the work and any materials on any such site, without formality or other procedure. 9.12 The Contractor recognizes that the City may enter into other contracts to perform work relating to the Project, or to complete portions of the Work itself. The Contractor shall ensure that its forces reasonably accommodate the forces of the City and other contractors hired by the City. The Contractor shall coordinate its schedule with the work of other contractors. If the Contractor claims that delay or damage results from these actions of the City, it shall promptly submit a claim as provided herein. 9.13 Protection of persons and property. (1) It shall be the responsibility of the Contractor to initiate, continue and supervise all safety programs and precautions in the performance of the terms of the Contract. The Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to its employees, subcontractors' employees, employees of the City and members of the public, the Work itself and unassembled components thereof, and other property at the site or adjacent thereto. As part of the Contractor's obligations hereunder, the Contractor shall erect and maintain all necessary and prudent safeguards, barriers, signs, warnings, etc. (2) With notice to the City, the Contractor shall promptly remedy loss or damage to the Work or any person or property described herein caused in whole or in part by the acts of the Contractor or any subcontractor, sub -subcontractor or materialman. This obligation shall be in addition to the requirements of Section 10 herein. The City may direct the Contractor to remedy known violations of applicable laws, rules, regulations, and interpretations related to safety when and if observed on the site. However, through exercising this authority the City shall not incur any obligations to monitor, initiate, continue, or supervise safety programs and precautions such to diminish the Contractor's primary role in same. The City shall have the right to report suspected safety violations to the Occupational Safety and Health Administration (OSHA) or other appropriate authorities. (3) The Contractor shall promptly notify the City upon discovery of any unidentified material which Contractor reasonably believes to be asbestos, lead, PCB, or other hazardous material, and shall immediately stop work in the affected area of the Project. The Contractor shall not be responsible for removal or other work with regard to such hazardous material unless otherwise agreed between the City and the Contractor. In the case of work stopped due to the discovery of hazardous materials, Section 6 shall apply to claims for delay, hindrance or interference. Work will resume in the affected area of the Project immediately after such time as the hazardous material has been removed or rendered harmless, as certified by an industrial hygienist to be engaged by the City. 9.14 The Contractor warrants to the Owner that materials and equipment furnished under the Contract are of good quality and new unless otherwise required or permitted under the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If jAclerical\anna\2016-114 us75 utility relocations\specs\contract\13-agreement doe CA-12 Contract Agreement required by the Owner, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. Section 10. INDEMNITY Except for expenses or liabilities arising from the negligence of the City, the Contractor hereby expressly agrees to indemnify and hold the City harmless against any and all expenses and liabilities arising out of the performance or default of the Contract as follows: 10.01Con_tractor shall indemnify, and hold harmless, to the maximum extent permitted by law, City and its officers, agents, employees, and consultants from and against any and all liability, damages, losses, (whether in contract or in tort, including personal injury accidental .death or property damage, and regardless, of whether the allegations are false, fraudulent orgroundless), and costs (including reasonable atttorney's fees, litigation, arbitration, mediation, appeal expenses incurred in any matter, including a Proceeding toenforce this Section 10) which in whole or in part are caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed by or utilized by the Contractor in Contractor's performance of this Contract Agreement. 10,02 Contractor's obligation to indemnify, defend and hold harmless shall remain in effect and shall be binding upon Contractor whether such injury or damage_ shall_ accrue, or may be discovered, before or after termination of the Contract. 10.03 Contractor's _failure, to comply with this section's provisions shall constitute a material breach upon which City may immediately terminate or suspend this Contract Agreement. Section 11. CLAIMS BY THE CONTRACTOR Claims by the Contractor against the City, other than for time extensions covered by Section 6 hereof, are subject to the following terms and conditions: 11.01 All Contractor claims against the City shall be initiated by a written claim submitted to the City. Notice of such claim shall be received by the City no later than either 10 calendar days after the event, or 10 calendar days after the first appearance of the circumstances causing the claim, whichever is sooner, and same shall set forth in detail all known facts and circumstances supporting the claim. Final costs associated with any claim upon which notice has been filed must be submitted in writing to the City within 30 calendar days after notice has been received; 11.02 The Contractor and the City shall continue their performance hereunder regardless of the existence of any claims submitted by the Contractor including claims set forth in Section 6 hereof; 11.03 In the event the Contractor discovers previously concealed and unknown site conditions which are materially at variance from those typically and ordinarily encountered in the general geographical location of the Project, the Contract Price may, with the approval of the City, be modified, either upward or downward, upon the written notice of claim made by either party within 10 calendar days after the first appearance to such party of the circumstances. Final costs must be submitted within 30 calendar days after such notice is received by the City, unless extended by written agreement of the parties. As a condition precedent to the City having any liability to the Contractor due to concealed and unknown conditions, the Contractor must give the City written notice of, and an opportunity to observe, such condition prior to disturbing it. The failure by the Contractor to give the written notice and make the claim as provided by this jAclerical\anna\2016-114 us75 utility relocations\specs\contract\13-agreement doc CA-13 Contract Agreement Section 11.03 and as required elsewhere under the Contract shall constitute a waiver by the Contractor of any rights arising out of or relating to such concealed and unknown condition; 11.04 In the event the Contractor seeks to make a claim for an increase in the Contract Price, as a condition precedent to any liability of the City therefor, unless emergency conditions exist, the Contractor shall strictly comply with the requirements of Section 11.01 above and such claim shall be made by the Contractor before proceeding to execute any work for which a claim is made. Failure to comply with this condition precedent shall constitute a waiver by the Contractor of any claim for additional compensation; 11.05 In connection with any claim by the Contractor against the City that would result in compensation in excess of the Contract Price, any liability of the City for the Contractor's cost in this regard shall be limited to those cost categories set forth in Section 13.07 below. Section 12. SUBCONTRACTORS 12.01 Prior to execution of the Contract, the Contractor shall have identified to the City in writing, those parties required to be listed on the proposal form as subcontractors on the Project. Any changes to this list at any time shall be subject to the prior approval of the City. The City shall, in writing, state any objections the City may have to one or more of such subcontractors. The Contractor shall not enter into a subcontract with an intended subcontractor to whom the City objects. If at any time the City objects to a subcontractor, the Contractor shall solicit proposals from potential replacements and shall submit the three lowest proposals to the City, along with the Contractor's proposed choice as replacement. If the approved replacement subcontractor's cost is verified to be higher than the removed subcontractor, the excess shall be added to the Contract Price, unless the subcontractor in question has to be removed due to a default, or deficient performance. If the approved replacement subcontractor's cost is lower than the removed subcontractor, the difference shall be deducted from the Contract Price. Subcontractor markups shall be limited to those listed in Section 13.07 below. All subcontracts shall afford the Contractor rights against the subcontractor which correspond to those rights afforded to the City against the Contractor herein, including those rights of Contract termination as set forth herein below. 12.02 Each and every subcontract related to the Project is hereby assigned by the Contractor to the City, contingent upon the termination of the Contract for default or convenience as provided herein, and only as to those subcontracts which the City accepts in writing directed to the Contractor. This contingent assignment is subject to the prior rights of any surety obligated under a bond related to the Contract. This contingent assignment will operate prospectively from the effective date of assignment, and will not obligate the City to any liabilities existing on the effective date of the assignment, or arising from events, acts, failures to act, facts or circumstances existing prior to the effective date of the assignment. The contracts subject to this contingent assignment shall also be further assignable by the City, at the City's sole option. The Contractor shall bear the responsibility of notifying subcontractors of this contingent assignment and including it in all subcontracts in connection with the Project. Section 13. CHANGE ORDERS 13.01 The City Manager or the City Manager's express designee shall be the sole authorized representative of the City. Other than in matters of public safety or in time of emergency management, the Contractor shall not take direction or act upon information from any City personnel other than the City Manager's expressly authorized designee(s). j:\clerical\anna\2016-114 us75 utility relocations\specs\contract\13-agreemenl.doc CA-14 Contract Agreement 13.02 One or more changes to the work within the general scope of the Contract may be ordered by Change Order. The City may also issue written directions for minor changes in the Work and may issue Construction Change Directives, as set forth below. The Contractor shall proceed with any such changes or Construction Change Directives without delay and in a diligent manner, and same shall be accomplished in strict accordance with the following terms and conditions: 13.03 Change Order shall mean a written order directed to the Contractor executed by the City after execution of the Contract, directing a change in the work. A Change Order may include a change in the Contract Price, (other than a change attributable to damages for delay as provided in Section 6 hereof), or the time for the Contractor's performance, or any combination thereof. Where there is a lack of total agreement on the terms of a Change Order or insufficient time to execute a bilateral change, the City may also direct a change in the Work in the form of a Construction Change Directive, which will set forth the change in the Work and the change, if any, in the Contract Price or time for performance, for subsequent inclusion in a Change Order; Construction Change Directives shall include a not -to -exceed preliminary price, against which the Contractor may begin billing (subject to the requirements for pay applications elsewhere herein) as the work is performed. (1) The Contractor shall furnish a price breakdown, itemized as required and within the time specified by the City, with any proposal for a contract modification. (2) The price breakdown (a) must include sufficient detail to permit an analysis of all costs for material, labor, equipment and subcontracts, and (b) must cover all work involved in the modification, whether the work was deleted, added or changed. (3) The Contractor shall provide similar price breakdowns to support any amounts claimed for subcontracts. (4) The Contractor's proposal shall include a complete justification for any time extension proposed. 13.04 Any change in the Contract Price resulting from a Change Order shall be determined as follows: (1) By mutual agreement between the City and the Contractor as evidenced by (a) the change in the Contract Price being set forth in the Change Order, (b) such change in the Contract Price, together with any conditions or requirements relating thereto, being initialed by both parties and (c) the Contractor's execution of the Change Order; or, (2) If no mutual agreement occurs between the City and the Contractor, the change in the Contract Price, if any, shall be derived by determining the reasonable actual costs incurred or savings achieved, resulting from revisions in the work. Such reasonable actual costs or savings shall include a component for direct job site overhead and profit but shall not include home -office overhead or other indirect costs or components. The calculation of actual costs shall conform to the markup schedule in Section 13.07 below. Any such costs or savings shall be documented in the format, and with such content and detail as the City requires. The Contractor shall promptly submit such documentation and other supporting materials as the City may require in evaluating the actual costs incurred or to be incurred. jAclerical\anna\2016-114 us75 utility relocations\specs\contract\13-agreement.doc CA-15 Contract Agreement 13.05 The execution of a Change Order by the Contractor shall constitute conclusive evidence of the Contractor's agreement to the ordered changes in the work, the Contract as thus amended, the Contract Price and the time for performance by the Contractor, regardless of the nature, amount or extent of the changes. The Contractor, by executing the Change Order, waives and forever releases any claim against the City for additional time or compensation for matters relating to, arising out of or resulting from the work included within or affected by the executed Change Order of which the Contractor knew or should have known. 13.06 The Contractor shall notify and obtain the consent and approval of the Contractor's surety with reference to all Change Orders if such notice, consent or approval are required by the City, the Contractor's surety or by law. The Contractor's execution of the Change order shall constitute the Contractor's warranty to the City that the surety has been notified of, and consents to, such Change Order and the surety shall be conclusively deemed to have been notified of such Change Order and to have expressly consented thereto. 13.07 For the purpose of Change Orders, the following definitions of terms and other restrictions apply: Contractor's or Subcontractor's Materials shall include the cost of materials, sales tax, and the cost of all transport. The cost of items listed shall be directly related to the Change Order. Indirect costs not specifically related to the Change Order shall not be considered. Contractor's or Subcontractor's Direct Labor Cost shall be limited to the hourly rate of directly involved workmen, employer contributions towards company standard benefits, pensions, unemployment or social security (if any), and employer costs for paid sick and annual leave. Contractor's or Subcontractor's Overhead shall include license fees, bond premiums, supervision, wages of timekeepers and clerks, incidentals, home and field office expense, and vehicle expense directly related to the Project, and all other direct Project expenses not included in the Contractor's materials, direct labor, and equipment costs. The allowance for Overhead and Profit shall be limited to the following schedule: For the Contractor, for any work performed by the Contractor's own forces, 10% of the Subtotal of Costs to the Contractor. 2. For the Contractor, for any work performed by his Subcontractor, 5% of the amount due the Subcontractor. 3. For each Subcontractor or Sub -subcontractor involved, for any work performed by their own forces, 10% of their materials and direct labor costs. 4. For each Subcontractor, for work performed by his Sub-subcontractor(s), 5% of the amount due the Sub -subcontractor. jAclerical\anna\2016-114 us75 utility relocations\specs\contract\13-agreement doc CA-16 Contract Agreement For Change Orders, the total cost or credit to the Owner shall be based on the following schedule: Contractor's Materials Cost + Contractor's Direct Labor Costs + Contractor's Equipment Costs (includes owned/rental equipment)2 + Applicable Subcontractor Costs = Subtotal of Costs to the Contractor + Contractor's Overhead and Profit = Total Cost or Credit to the Owner 13.08 Nothing Contained in this section shall be deemed to contradict or limit the terms of Section 6.05 above. Section 14. DISCOVERING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK 14.01 In the event that the Contractor covers, conceals or obscures its work in violation of the Contract or in violation of an instruction from the City, such work shall be uncovered and displayed for review by the City and/or its consultants upon request, and shall be reworked at no cost in time or money to the City. 14.02 If any of the work is covered, concealed or obscured in a manner not covered by Section 14.01 above, it shall, if directed by the City, be uncovered and displayed for the City and/or its consultants. If the uncovered work conforms strictly with the Contract, the costs incurred by the Contractor to uncover and subsequently, replace such work shall be borne by the City. Otherwise, such costs shall be borne by the Contractor. 14.03 The Contractor shall, at no cost in time or money to the City, correct work rejected by the City as defective or failing to conform to the Contract. Additionally, the Contractor shall reimburse the City for all testing, review, inspections and other expenses incurred as a result thereof. 14.05 In addition to its warranty obligations set forth elsewhere in this Contract Agreement and any manufacturer's warranties provided on the Project, and in addition to other remedies provided herein or by law to the City, the Contractor shall be specifically obligated to promptly correct any and all defective or nonconforming work, whether obvious or after -discovered, for a period of 12 months following Substantial Completion upon written direction from the City. 14.06 The City may, but shall in no event be required to, choose to accept defective or nonconforming work. In such event, the Contract Price shall be reduced by the greater of (1) the reasonable costs of removing and correcting the defective or nonconforming work, or (2) the difference between the fair market value of the Project as constructed and the fair market value of the Project had it not been constructed in such a manner as to include defective or nonconforming work. If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate the City for the acceptance of defective or nonconforming work, the Contractor shall, upon 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. j:\clerical\anna\2016-114 us75 utility relocations\specs\contract\13-agreement doc CA-17 Contract Agreement written demand from the City, pay the City such remaining compensation for accepting defective or nonconforming work. The Contractor shall have an opportunity to correct any defect or non- conformance prior to the City taking the above actions. The contractor, upon written notice of any defect or non-conformance, shall have 10 calendar days to make corrections, unless the City agrees that the correction will require more than 10 calendar days to correct. Section 15. CITY'S RIGHT TO SUSPEND CONTRACTOR'S PERFORMANCE 15.01 In addition to the City's rights under Section 8 and elsewhere in this Contract Agreement, the City shall have the right at any time to direct the Contractor to suspend its performance, or any designated part thereof when in the interests of the City. If any such suspension is directed by the City, the Contractor shall immediately comply with same. 15.02 In the event the City directs a suspension of performance under this section, through no fault of the Contractor, if the suspension is lifted other than by Termination, the City shall pay the Contractor as full compensation for such suspension the Contractor's ordinary and reasonable costs, actually incurred and paid, of: (1) demobilization and remobilization, including such justifiable costs paid to subcontractors (cost categories and markups limited to those set forth in Section 13.07 above); (2) preserving and protecting work in place; (3) approved storage of materials or equipment purchased for the Project, including insurance thereon; and (4) substantiated extended field office overhead (but no home -office overhead). 15.03 The City may order suspension of the Work in whole or in part for such time as deemed necessary because of the failure of the Contractor to comply with any of the requirements of this Contract Agreement, and the Contract Agreement's completion date shall not be extended on account of any such suspension of Work. When the City orders any suspension of the Work under this Section 15.03, the Contractor shall not be entitled to any payment for Work which the Contractor performs after notice of suspension and/or during the suspension period and shall not be entitled to any costs or damages resulting from such suspension. 15.04 The City's rights under this section shall be in addition to those contained elsewhere in the Contract or provided by law. Section 16. TERMINATION BY THE CITY The City may terminate the Contract in accordance with the following terms and conditions: 16.01 Termination for Convenience. The City may, when in the interests of the City, terminate performance under the Contract by the Contractor, in whole or in part, for the convenience of the City. The City shall give written notice of such termination to the Contractor specifying when termination becomes effective. The Contractor shall incur no further obligations in connection with the work so terminated, other than warranties and guarantees for completed work and installed equipment, and the Contractor shall stop work when such termination becomes effective. The Contractor shall also terminate outstanding orders and subcontracts for the affected work. The Contractor shall settle the liabilities and claims arising out of the termination jAclerical\anna\2016-114 us75 utility relocations\specs\contract\13-agreement doc CA-18 Contract Agreement of subcontracts and orders. The City may direct the Contractor to assign the Contractor's right, title and interest under termination orders or subcontracts to the City or its designee. The Contractor shall transfer title and deliver to the City such completed or partially completed work and materials, equipment, parts, fixtures, information and Contract rights as the Contractor has in its possession or control. When terminated for convenience, the Contractor shall be compensated as follows: (1) The Contractor shall submit a termination claim to the City specifying the amounts due because of the termination for convenience together with costs, pricing or other data required by the City. If the Contractor fails to file a termination claim within six months from the effective date of termination, the City shall pay the Contractor, an amount derived in accordance with subsection (3) below. (2) The owner and the Contractor may agree to the compensation, if any, due to the Contractor hereunder. (3) Absent agreement to the amount due to the Contractor, the owner shall pay the Contractor the following amounts: (a) Contract costs for labor, materials, equipment and other services accepted under the Contract; (b) Reasonable costs incurred in preparing to perform and in performing the terminated portion of the work, and in terminating the Contractor's performance, plus a fair and reasonable allowance for direct job site overhead and earned profit thereon (such profit shall not include anticipated profit or consequential damages); provided however, that if it reasonably appears that the Contractor would have not profited or would have sustained a loss if the entire Contract would have been completed, no profit shall be allowed or included and the amount of compensation shall be reduced to reflect the anticipated rate of loss, if any; (c) Reasonable costs of settling and paying claims arising out of the termination of subcontracts or orders pursuant to Subsection (3)(a) above —if contingent assignment of such contracts has not been elected as provided herein —shall not include amounts paid in accordance with other provisions of the Contractor. This clause is subject to and the Contractor shall be limited by the City's rights to direct the replacement of subcontractors under Section 12.01. The total sum to be paid the Contractor under this Subsection (3) shall not exceed the total Contract Price, as properly adjusted, reduced by the amount of payments otherwise made, and shall in no event include duplication of payment. 16.02 Termination for Cause. If the Contractor does not perform the work, or any part thereof, in a timely manner, supply adequate labor, supervisory personnel or proper equipment or materials, or if it fails to timely discharge its obligations for labor, equipment and materials, or proceeds to disobey applicable law, or otherwise commits a violation of a material provision of the Contract, then the City, in addition to any other rights it may have against the Contractor or others, may terminate the performance of the Contractor, in whole or in part at the City's sole option, and assume possession of the Project site and of all materials and equipment at the site and may complete the work. In such case, the Contractor shall not be paid further until the work is complete. After Completion has been achieved, if any portion of the Contract Price, as it may be modified jAdericallannat2016-114 us75 utility relocations\specs\contracM 3-agreement doc CA-19 Contract Agreement hereunder, remains after the cost to the City of completing the work, including all costs and expenses of every nature incurred, has been deducted by the City, such remainder shall belong to the Contractor. Otherwise, the Contractor shall pay and make whole the City for such cost. This obligation for payment shall survive the termination of the Contract. In the event the employment of the Contractor is terminated by the City for cause pursuant to this Section 16.02 and it is subsequently determined by a Court of competent jurisdiction that such termination was without cause, such termination shall thereupon be deemed a Termination for Convenience under Section 16.01 and the provisions of Section 16.01 shall apply. 16.03 Termination for Non -Appropriation. The City may also terminate the Contract, in whole or in part, for non -appropriation of sufficient funds to complete or partially complete the Project, regardless of the source of such funds, and such termination shall be on the terms of Section 16.01. 16.04 The City's rights under this Section shall be in addition to those contained elsewhere herein or provided by law. Section 17. INSURANCE 17.01 Contractor shall be responsible for all damage to person and or property resulting from its negligent acts, reckless or intentional misconduct, errors or omissions or those of their subcontractors, agents or employees in connection with such services and shall be responsible for all parts of its work, both temporary and permanent. 17.02 Contractor shall, at its own expense, procure and maintain throughout the term of this Contract Agreement, with insurers acceptable to City, the types and amounts of insurance conforming to the minimum requirements set forth in this Contract Agreement. Contractor shall not commence work until the required insurance is in force and evidence of insurance acceptable to City has been provided to, and approved by, City. An appropriate Certificate of Insurance shall be satisfactory evidence of insurance. Until such insurance is no longer required by the Contract, Contractor shall provide City with renewal or replacement evidence of insurance at least 30 days prior to the expiration or termination of such insurance. 17.03 Workers' Compensation/Employer's Liability Insurance Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $1,000,000 for each accident. General Liability Insurance Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate. Automobile Liability Insurance Automobile Liability Insurance with bodily injury limits of not less than $1,00,000 for each person and not less than $1,000,000 for each accident, and with property damage limits of not less than $1,000,000 for each accident. jAclerical\anna\2016-114 us75 utility relocations\specs\contract\13-agreement doc CA-20 Contract Agreement 17.04 Contractor shall furnish insurance certificates or insurance policies at the City's request to evidence such coverages. Except for workers compensation, the insurance policies shall name the City as an additional insured, and shall contain a provision that such insurance shall not be canceled or reduced with respect to by coverages or endorsements without 30 days' prior written notice to OWNER and CONSULTANT. In such event, CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. 17.05 Compliance with these insurance requirements shall not limit the liability of Contractor. Any remedy provided to the City by any insurance maintained by the Contractor shall be in addition to and not in lieu of any other remedy (including, but not limited to, as an indemnitee of Contractor) available to the City under the Contract or otherwise. 17.06 Neither approval nor failure to disapprove insurance furnished by Contractor shall relieve Contractor from responsibility to provide insurance as required by this Contract Agreement. 17.07 Contractor shall deliver to City the required certificate(s) of insurance and endorsement(s) before City signs this Contract Agreement. 17.08 Contractor's failure to obtain, pay for, or maintain any required insurance shall constitute a material breach upon which City may immediately terminate or suspend this Contract Agreement. In the event of any termination or suspension, City may use the services of another consultant or consultants, without City's incurring any liability to Contractor. 17.09 At its sole discretion, City may obtain or renew Contractor insurance, and City may pay all or part of the premiums. Upon demand, Contractor shall repay CITY all monies paid to obtain or renew the insurance. City may offset the cost of the premium against any monies due Contractor from City. 17.10 The Contractor shall furnish to the City Certificates of Insurance allowing thirty (30) days notice for any change, cancellation, or non -renewal. Such Certificates shall contain the following wording: "SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN." If the insurance policies expire during the terms of the Contract, a renewal certificate or binder shall be filed with the City at least 30 days prior to the renewal date. 17.11 In addition to the coverages required herein, the Contractor shall furnish and maintain all-risk builder's risk property insurance, satisfactory to the City, upon the entire Work at the site to the full replacement cost of the completed project. This coverage shall name City as an additional insured, must include the interests of the Contractor, subcontractors and sub -subcontractors in the Work, and must be procured from an insurer licensed to do business in the State of Texas with a Best's rating of "A+, A, A-". The policy must insure against perils including, but not limited to, earthquake, fire, extended coverages, windstorm, lightning, flood, and physical loss or damage, including theft, vandalism and malicious mischief. Section 18. PERFORMANCE AND PAYMENT BONDS; SURETY BONDS 18.01 Contractor shall provide City with a Performance Bond, a Payment Bond, and a Maintenance Bond meeting the standards specified in the Contract Documents, on the forms provided by the j1clerical\anna\2016-114 us75 utility relocations\specs\contract\13-agreement do CA-21 Contract Agreement City, and attached hereto, with a Power of Attorney Affidavit, each in an amount not less than the Contract price. 18.02 Sureties' qualifications. All bonds, to the extent required under the Contract, including, but not by way of limitation, any Bid/Proposal Bond, Performance Bond, Payment bond, or Maintenance Bond shall be written through a reputable and responsible surety bond agency licensed to do business in the State of Texas and with a surety which holds a certificate of authority authorizing it to write surety bonds in Texas and maintains a current certificate of authority as an acceptable surety on Federal Bonds in accordance with U.S. Department of Treasury Circular 570. However, if the amount of the bond exceeds the underwriting limitations set forth in the Circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the Circular and the excess risk must be protected by co-insurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (3) CFR Section 223.10 - Section 223.111 and the surety company shall provide the City with evidence satisfactory to the City, that such excess risk has been protected in an acceptable manner. 18.03 Additional or replacement bond. It is further mutually agreed between the parties hereto that if, at any time, the City shall deem the surety or sureties upon any bond to be unsatisfactory, or if, for any reason, such bond (because of increases in the work or otherwise) ceases to be adequate, the Contractor shall, at its expense within five days after the receipt of notice from the City so to do, furnish an additional or replacement bond or bonds in such form, amount, and with such surety or sureties as shall be satisfactory to the City. In such event, no further payments to the Contractor shall be deemed to be due under the Contract until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the City. 18.04 As applicable to all bonds required under the Contract, the surety company shall have a Texas agent whose name shall be listed in the prescribed space on the forms provided by the City for all bonds required by the City, or otherwise listed therein if the form of the Bond is not prescribed by the City. Section 19. PROJECT RECORDS All documents relating in any manner whatsoever to the Project, or any designated portion thereof, which are in the possession of the Contractor, or any subcontractor of the Contractor, shall be made available to the City and/or its consultants for inspection and copying upon written request by the City. Furthermore, said documents shall be made available, upon request by the City, to any state, federal or other regulatory authority and any such authority may review, inspect and copy such records. Said records include, but are not limited to, all drawings, plans, specifications, submittals, correspondence, minutes, memoranda, tape recordings, videos, or other writings or things which document the Project, its design, and its construction. Said records expressly include those documents reflecting the cost of construction to the Contractor. The Contractor shall maintain and protect these documents for not less than three years after completion of the Project, or for any longer period of time as may be required by law or good construction practice. The Contractor further agrees to include these provisions in any subcontracts issued by him in connection with this Contract Agreement. Section 20. APPLICABLE LAW The laws of the State of Texas shall govern this Contract Agreement. In any litigation arising under this Contract Agreement, the parties agree to a waiver of the right to a trial before a jury, and all such litigation shall be litigated only in a non -jury hearing in Collin County, Texas. jAclerical\anna\2016-114 us75 utility relocationslspecslcontract113-agreement doc CA-22 Contract Agreement Section 21. SUCCESSORS AND ASSIGNS Each party binds itself, its successors, assigns, executors, administrators or other representatives to the other party hereto and to successors, assigns, executors, administrators or other representatives of such other party in connection with all terms and conditions of the Contract. The Contractor shall not assign the Contract without prior written consent of the City. Section 22. MISCELLANEOUS PROVISIONS 22.01 Construction Permits. The City hereby agrees to waive the charge for a City -issued building permit for this Project. However, the Contractor is responsible for obtaining all permits or fees otherwise required of the Contractor by the Contract Documents, or permits and fees customarily the responsibility of the Contractor. 22.02 Compliance By Contractor: Nondiscrimination. Contractor shall comply with all Federal, State and local laws, ordinances, rules and regulations of any authorities throughout the duration of the Contract. The Contractor shall be responsible for compliance with any such law, ordinance, rule or regulation and shall hold City harmless and indemnify same in the event of non- compliance. Contractor further agrees to abide by the requirements under Federal Executive Order Number 11246, as amended, including specifically the provisions of the equal opportunity clause. 22.03 State and Local Taxes. Except as otherwise provided, contract prices shall include all applicable state and local taxes. Contractor shall indemnify and hold harmless the City for any loss, cost or expense incurred by, levied upon or billed to the City as a result of Contractor's failure to pay any tax of any type due in connection with this Contract Agreement. Contractor shall ensure that the above sections are included in all subcontracts and sub -subcontracts, and shall ensure withholding on out of state sub and sub -subcontractors to which withholding is applicable. 22.04 Any and all notices required to be sent under the Contract or otherwise shall be sent to the following: If to the City: City of Anna Attn: City Manager 111 North Powell Parkway P.O. Box 776 Anna, Texas 79406 If to the Contractor: jklerical\anna\2016-114 us75 utility relocations\specs\contract\13-agreement.doc CA-23 Contract Agreement Section 23. ENTIRE AGREEMENT Aside from duly authorized Change Orders, any modification to this Contract Agreement must be supported by an additional, articulated consideration, and must either be in writing, executed by the parties hereto, or, if made orally, should be confirmed in writing, which writing should state the consideration which supports the modification. Failure to confirm an oral modification in writing shall constitute a waiver of any claim for additional compensation with regard to the oral modification. Nothing in this Section shall be construed to limit the City's authority to issue changes set forth in Section 14 herein. Section 24. SEVERABILITY If any term or condition of the Contract or the application thereof to any person(s) or circumstances is held invalid, this invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of the Contract are agreed to be severable. Section 25. WAIVER Waiver of any breach of any term or condition of this contract shall not be deemed a waiver of any prior or subsequent breach, and shall not entitle any party hereto to any subsequent waiver of any terms hereunder. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. IN WITNESS WHEREOF, the Parties have executed this Contract Agreement under their respective seals on the day and year first written above. CITY OF ANNA, TEXAS Bill Shipp, City Manager ATTEST: Carrie L. Smith, City Secretary (SEAL) (Contractor) MR ATTEST: SECRETARY (SEAL) (name and title of authorized representative) jlclerical\anna\2016-114 us75 utility re1ocalions\specs\contracl\13-agreement doc CA-24 Contract Agreement CAAA FSsr AM NO& CAtxnwhamentr 19w igAmsf BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, Dickerson Construction Company, Inc. , Principal and Continental Casualty Company Surety, are held and firmly bound unto City of Anna , Obligee, in the sum of Five Percent of the Greatest Amount Bid---- Dollars ($ 5% of G.A.B.) for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for US 75 Utility Relocation NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be null and void; otherwise to remain in full force and effect. Signed, sealed and dated February 1, 2018. Dickerson Construction Company, Inc. (Principal) By: (Seal) Continental asualty Company trety}. A. By; a'k_Q — Roxanne G. Brune, torney-in-Fact CN. Yw All the Cn+n+q rfrnKfls &u w k.' POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company (herein called "the CNA Companies"), are duly organized and existing insurance companies having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint Sue Kohler, David R Groppell, Beverly A Ireland, Sharen Groppell, Roxanne G Brune, Sharon Cavanaugh, Kurt A Risk, Francine Hay, Gloria Villa, Individually of Houston, TX, their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the insurance companies. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 1st day of August, 2016. 'yc�st �Tr Ous tP `r" Continental Casualty Company National Fire Insurance Company of Hartford °°"P°""re ° e American Cos ity Company of Reading, Peimasylvania C1 3E141 MY X LW t 697 Atlirfi*" 1 -/_i Patel T. Brullat AF Vice President State of South Dakota, County of Minnehaha, as: On this 1 at day of August, 2016, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of Contincrital Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company described in and which executed the above instrument; that he knows the seals of said insurance companies; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance companies. J, MOHrd�!►� wur"asaor S My Commission Expires June 23, 2021 J. Mohr Notary Public CERTIFICATE I, D. Butt, Assistant Secretary of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of heading, Pennsylvania, a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this lst day of February ill 2018 pry GAS u.�r� >►tsu+���tc tttp°"t" au crenera r tiayarr a`wrea � sEAL i" 1897 kAt+cl Form F6853-4/2012 Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania D. Bull Assistant Secretary Authorizing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company at a meeting held on May 12, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of Continental Casualty Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25'r' day of Apt l,20I"2: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures'l; Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of National fire Insurance Company of Hartford. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written oonsent dated the 25'" day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers') to execute various policies, bonds, undertakings and other obligatory instruments of bike nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures'); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA; This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of American Casualty Company of Reading, Pennsylvania. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 2P day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." Figure: 28 TAC §1.601(a)(3) 1 IMPORTANT NOTICE To obtain information or make a complaint: 2 You may contact Continental Casualty Company, National Fire Insurance Company, American Casualty Company or Continental Insurance Company at 312-822-5000. 3 You may call Continental Casualty Company, National Fire Insurance Company, American Casualty Company or Continental Insurance Company's toll -free telephone number for Information or to make a complaint at: 1-877-672-6115 4 You may also write to Continental Casualty Company, National Fire Insurance Company, American Casualty Company or Continental Insurance Company at: CNA Surety 333 South Wabash Chicago, IL 60604 5 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 6 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://Wm.tdi.state.bc.us E-Mail: ConsumerProtection@tdi.state.tx.us 7 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact Continental Casualty Company, National Fire Insurance Company, American Casualty Company or Continental Insurance Company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8 ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Form F8277 AVISO IMPORTANTE Para obtener informacion o pare someter una queja: Puede comunicarse con Continental Casualty Company, National Fire Insurance Company, American Casualty Company or Continental Insurance Company al 312-822-5000. Usted puede Ilamar al numero de telefono gratis de Continental Casualty Company, National Fire Insurance Company, American Casualty Company or Continental Insurance Company's pare informacion o para someter una queja al: 1477472-8115 Usted tambien puede escribir a Continental Casualty Company, National Fire Insurance Company, American Casualty Company or Continental Insurance Company: CNA Surety 333 South Wabash Chicago, IL 60604 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companies, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475.1771 Web: http://wviw.tdi.state.tx.us E-Mail: ConsumerProtection@tdi.state.tx.us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: SI tiene una disputa concemiente a su prima o a un reclamo, debe comunicarse con el Continental Casualty Company, National Fire Insurance Company, American Casualty Company or Continental Insurance Company primero. Si no se resuelve la dispute, puede entonces comunicarse con el departamento (TDI). UNA ESTE "ISO A SU POLIZA: Este aviso es solo pare proposito de informacion y no se convierte on parte o condiclon del documento adjunto. PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that Dickerson Construction Company. Inc. (hereinafter called the Principal(s)), as Principal(s), and _Continental Casualty Company (hereinafter called the Surety(s)), as Surety(s), are held and firmly bound unto the CITY OF ANNA (hereinafter called the Obligee), in the amount of One Million Three Hundred Eleven Thousand Eight Hundred Eighty -Four and Fifty Cents Dollars ($ 1,311,884.50) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written Contract Agreement with the Obligee, dated the day of , for the following project: U.S. 75 UTILITY RELOCATIONS and said Principal under the law is required before commencing the work provided for in said Contract Agreement to execute a bond in the amount of said Contract Agreement, which Contract Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code (Article 5472d for Private Work)' of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Agreement, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Agreement, or to the work to be performed thereunder. 1 Not applicable for federal work. See "The Miller Act," 40 U.S.C. S270. jAclerical\anna\2016-114 us75 utility relocations\specs\contract\14-Ua�nds doc B 3 Bonds IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed this instrument this day of , 20 Continental Casualty Company Surety :A Print Name: Roxanne G. Brune Title: Attorney -in -Fact Address: Phone/Fax: Dickerson Construction Company, Inc. Principal Print Name: Lewis Dickerson Title: President Address: P.O. Box 181 Celina, TX 75009 Phone/Fax: 972-382-2123 The undersigned surety company represents that it is duly qualified to do business in Texas and is listed on the U.S. Department of the Treasury list of approved sureties, and hereby designates , an agent resident in County, Texas, to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. JUI CLY By, Print Name: Address: Phone/Fax: NOTE: If signed by an officer of the Surety Company, there must be on file a certified extract from the by -lams _showing that this person has authority to sign such obligation. If signed by are Attorney -in -Fact, we _must have a copy of the Power of Attorney for our files, AND ATTACHED TO THIS BOND. ^ j:\c1erica1\anna\2016-114 us75 utility relocations\specs\contract\14-bonds doc B-4 Bonds PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, that Dickerson Construction Company. Inc. (hereinafter called the Principal(s)), as Principal(s), and Continental Casualty Company _ (hereinafter called the Surety(s)), as Surety(s), are held and firmly bound unto the CITY OF ANNA (hereinafter called the Obligee), in the amount of One Million Three Hundred Eleven Thousand Eight Hundred Eighty -Four and Fifty Cents Dollars ($ 1,311,884.50) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written Contract Agreement with the Obligee, dated the day of , for the: U.S. 75 UTILITY RELOCATIONS 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. j_MWie�c,21i3rn�t20ic�i'Iaus75cSlitydoc B-5 Bonds IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed this instrument this day of , 20 Continental Casualty Company Surety By: Print Name: Roxanne G. Brune Title: Attorney -in -Fact Address: Phone/Fax: Dickerson Construction Company, Inc. Principal Print Name: Lewis Dickerson Title: President Address: P.O. Box 181 Celina, TX 75009 Phone/Fax: 972-382-2123 The undersigned surety company represents that it is duly qualified to do business in Texas and is listed on the U.S. Department of the Treasury list of approved sureties, and hereby designates , an agent resident in County, Texas, to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety By: Print Name: Address: Phone/Fax: NOTE: If signedby 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. jlclerical\anna\2016-114 us75 utility relocations\specs\contract\14-bonds, doe B-6 Bonds MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT Dickerson Construction Company,Inc. as PRINCIPAL, and Continental Casualty Company a CORPORATION organized under the laws of , as SURETIES, do hereby expressly acknowledge themselves to be held and bound to pay unto the City of Anna, a municipal corporation at Anna, Collin County, Texas the sum of One Million Three Hundred Eleven Eight Hundred Eighty -Four and Fifty Cents Dollars ($ 1,311,884.50 ) for the payment which sum well and truly to be made until said City of Anna and its successors, said PRINCIPAL AND SURETIES do hereby bind themselves, their assigns and successors jointly and severally. THIS obligation is conditioned, however, that whereas said the Contractor, did on 20 enter into a written Contract Agreement with the said City of Anna to build and construct: U.S. 75 UTILITY RELOCATIONS in the City of Anna, Texas which Contract Agreement and the Plans and Specifications therein mentioned adopted by the City of Anna, are hereby expressly made a part hereof as though the same were written and embodied herein. WHEREAS, under the Plans and Specifications, and Contract Agreement, it is provided that the CONTRACTOR will maintain and keep in good repair the work herein contracted to be done and performed for a period of two (2) years from the date of acceptance; it being understood that the purpose of this section is to cover all defective material, work or labor performed by said CONTRACTOR, its employees, sub -contractors, materialmen and assigns. NOW THEREFORE, if the said CONTRACTOR shall keep and perform its said agreement to maintain said work and keep the same in repair for the said maintenance period of two (2) years, as provided, then these presents shall be null and void, and have no further effect, but if default shall be made by the said CONTRACTOR in the performance of its Contract Agreement to so maintain and repair said work, then these presents shall have full force and effect, and said CITY OF ANNA shall have and recover from said SURETY, damages in the premises, as provided, and it is further agreed that this obligation shall be a continuing one against the SURETY, hereon, and that successive recoveries may be had thereon for successive breaches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. 14 LIS75 i36Yy ra <��:�an.:� ;,,3vst.,o_„rac:.i i-bonus tii.;.: B-7 Bonds IN WITNESS WHEREOF, the said has caused these presents to be executed by its ATTORNEY -IN -FACT _ ATTORNEY -IN -FACT this the day of Continental Casualty Company Surety Print Name: Roxanne G. Brune Title: Attornev-in-Fact Address: Phone/Fax: (Contractor) (Surety Co.) and the said has hereunto set his hand 20 Dickerson Construction Company, Inc. Principal By: Print Name: Lewis Dickerson Title: President Address: P.O. Box 181 Celina, TX 75009 Phone/Fax: 972-382-2123 NOTE: If signed by an officer of the Surety Company,there must be on file a certified extract from the by-laws 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. j1clerical\anna\2016-114 us75 utilily relocations\specs\contract\14-bonds doc B-8 Bonds CERTIFICATE OF INSURANCE(S) ,co CERTIFICATE OF LIABILITY INSURANCE DATEiMMIDDIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsernent(s). PRODUCER I ,ONTA T NAIL N INSURED INSURER A: INSURER B : INSURER F : COVERAGES CERTIFICATE NL1MRr-P- RFVISInld IMI IMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL. UBR -- -'POLICY EFF - POLICY "P LTR TYPE OF INSURANCE POLICY NUMBER MMIDDIYYYY) (MMIDD(YYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY €rlTf PREMISES Ea occurren a $ MED EXP (Any one person) $ CLAIMS -MADE OCCUR PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ POLICY I PRO• LOC $ AUTOMOBILE LIABILITY I CEO SINGLE LIMIT $ ANY AUTO 'AMPLE BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PeORac garvlDAIv1AGE $ HIRED AUTOS NO AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED J I RETENTION $ $ WORKERS COMPENSATION I WC STATU- I OTH- AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NIA T. E.L. EACH ACCIDENT -- $ -- E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD j:\clericaRanua\2016-114 us75 utility relocations\specs\contract\16-insurance (revised 3-13-2014).docx AC INSURANCE BINDER DATE (MM(DDIYYYY) THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. AGENCY COMPANY BINDER # DATE EFFECTIVE TIME EXPIRATION E TIME AM 12:01 AM PM HNOON PHGHE FAX AlC, No): THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY A!C Ne Exk : CODE: SUB CODE: PER EXPIRING POLICY#: AGENCY DESCRIPTION OF OPERATIONSIVEHICLES(PROPERTY(Including Location) CUSTOMER to: _ INSURED r:r'1VFRo1:FlR I lucre TYPE OF INSURANCE COVERAGEIFORMS DEDUCTIBLE COINS % AMOUNT PROPERTY CAUSES OF LOSS BASIC BROAD ❑ SPEC GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE r_1 OCCUR RETRO DATE FOR CLAIMS MADE: EACH OCCURRENCE $ RENTED PR ISES $ MED EXP Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ VEHICLE LIABILITY ANY AUTO ALL OWNED AUTOS HIREDAUTOSSCHEDULED OS NON•OWNED AUI'OS SAMPLE COMBINED SINGLE LIMIT $ BODILY INJURY Per Person $ BODILY INJURY (Per accidenl — PROPERTY DAMA $ MEDICAL AYM NGS PERSONAL INJURY PROT $ UNINSURED MOTORIST $ VEHICLE PHYSICAL DAMAGE DED COLLISION: OTHER THAN COL; ALL VEHICLES SCHEDULED VEHICLES ACTUAL CASH VALUE $ STATED AMOUNT GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACHACCIDENT $ AGGREGATE $ EXCESS LIABILITY �UMBRELLA FORM OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: EACH OCCURRENCE $ AGGREGATE $ SELF -INSURED RETENTION $ WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY WC STATUTORY LIMITS E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ SPECIAL CONDITIONS 1 OTHER COVERAGES FEES $ TAXES $ ESTIMATED TOTAL PREMIUM $ NAME & ADDRESS MORTGAGEE ADDITIONAL INSURED LOSS PAYEE LOAN # AUTHORIZED REPRESENTATIVE ACORD 75 (2010/04) Page 1 of 2 © 1993-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD jAclerical\anna\2016-114 us75 utility relocations\specs\contract\16-insurance (revised 3-13-2014). docx SAMPLE AGENCY CUSTOMER ID: CONDITIONS This Company binds the kind(s) of insurance stipulated on the reverse side. The Insurance is subject to the terms, conditions and limitations of the policy(ies) in current use by the Company. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be effective. This binder may be cancelled by the Company by notice to the Insured in accordance with the policy conditions. This binder is cancelled when replaced by a policy. If this binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the Rules and Rates in use by the Company. Applicable in California When this form is used to provide insurance in the amount of one million dollars ($1,000,000) or more, the title of the form is changed from 'Insurance Binder" to "Cover Note". Applicable in Colorado With respect to binders issued to renters of residential premises, home owners, condo unit owners and mobile home owners, the insurer has thirty (30) business days, commencing from the effective date of coverage, to evaluate the issuance of the insurance policy. Applicable in Delaware The mortgagee or Obligee of any mortgage or other instrument given for the purpose of creating a lien on real property shall accept as evidence of insurance a written binder issued by an authorized insurer or its agent if the binder includes or is accompanied by: the name and address of the borrower; the name and address of the lender as loss payee; a description of the insured real property; a provision that the binder may not be canceled within the term of the binder unless the lender and the insured borrower receive written notice of the cancellation at least ten (10) days prior to the cancellation; except in the case of a renewal of a policy subsequent to the closing of the loan, a paid receipt of the full amount of the applicable premium, and the amount of insurance coverage. Chapter 21 Title 25 Paragraph 2119 Applicable in Florida Except for Auto Insurance coverage, no notice of cancellation or nonrenewal of a binder is required unless the duration of the binder exceeds 60 days. For auto insurance, the insurer must give 5 days prior notice, unless the binder is replaced by a policy or another binder in the same company. Applicable in Maryland The insurer has 45 business days, commencing from the effective date of coverage to confirm eligibility for coverage underthe insurance policy. Applicable in Michigan The policy may be cancelled at any time at the request of the insured. Applicable in Nevada Any person who refuses to accept a binder which provides coverage of less than $1,000,000.00 when proof is required: (A) Shall be fined not more than $500.00, and (B) is liable to the party presenting the binder as proof of insurance for actual damages sustained therefrom. Applicable in the Virgin Islands This binder is effective for only ninety (90) days. Within thirty (30) days of receipt of this binder, you should request an insurance policy or certificate (if applicable) from your agent and/or insurance company. ACORD 75 (2010/04) jAclerical\anna\2016-114 us75 utility relocations\specs\contract\16-insurance (revised 3-13-2014) docx Page 2 of 2 FORM 1295 INSTRUCTIONS Certificate of Interested Parties www. ethics. state.tx.us/File 8/1112017 1295 Information Implementation of House Bill 1295 Certificate of Interested Parties (Form 1295): In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract of a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016. The Texas Ethics Commission was required to adopt rules necessary to implement that law, prescribe the disclosure of interested parties form, and post a copy of the form on the commission's website. The commission adopted the Certificate of Interested Parties form (Form 1295) on October 5, 2015. The commission also adopted rules (Chapter 46) to implement the law. The commission does not have any additional authority to enforce or interpret House Bill 1295. Filing Process: Staring on January 1, 2016, the commission will make available on its website a new filing application that must be used to file Form 1295. A business entity must use the application to enter the required information on Form 1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. An authorized agent of the business entity must sign the printed copy of the form and have the form notarized. The completed Form 1295 with the certification of filing must be filed with the governmental body or state agency with which the business entity is entering into the contract. The governmental entity or state agency must notify the commission, using the commission's filing application, of the receipt of the filed Form 1295 with the certification of filing not later than the 30th day after the date the governing body or state agency receives the Form 1295. The commission will post the completed Form 1295 to its website within seven business days after receiving notice from the governmental entity or state agency. Information regarding how to use the filing application will be available on this site starting on January 1, 2016. Additional Information: H8 1295 Certificate of Interested Parties (Form 1295)** "This is a sample form for illustration purposes only. DO NOT FILL OUT THIS SAMPLE FORM. Form 1295 MUST BE FILED ELECTRONICALLY! Paper copies and PDF copies of this sample form are not accepted! Chapter 46, Ethics Commission Rules (new rule 46.4, regarding changes to contracts, is in effect as of January 1, 2017) Last Revision: Janury 12,2017 https://www.ethics.state.tx.usAecl1295-1nfo.htm 112 CERTIFICATE OF INTERESTED PARTIES FORM 1295 OFFICE USE ONLY Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2 Name of governmental entity or state agency that is a party to the contract which the form is being filed. 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. _ 4 City, State, Nature of Interest (check applicable) Name of Interested Party (piece of business) 4 1 Controlling Intermediary i 5 Check only if there is NO interested Party. 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP ! SEAL. ABOVE Sworn to and subscribed before me, bytho�;pid _ _ this the v ... day of ___, 20 _ __ , to certify which. witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath ADD ADDITIONAL PAGES AS NECESSARY Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 4/8/2016 CONSTRUCTION STAKING CERTIFICATION CONSTRUCTION STAKING Control for the project has been set by the Engineer and control is shown in the Construction Plans. Contractor shall complete all construction staking. Cut sheets shall be provided to the inspector. Prior to commencement of the work by the Contractor, the Contractor shall submit a digital file containing a minimum of two Birkhoff, Hendricks & Carter, L.L.P. control points and a certification that the construction staking is tied to the project control points established in the Plans. The Engineer will review Contractor's electronic survey file to verify that the survey file is tied to the project control. I, of certifies that all (Surveyor's Name construction staking is tied to the project control system. Signature Date (Company) Printed Name Note: To be submitted when construction staking control and cut sheet staking commences. jAclerical\anna\2016-114 us75 utility relocations\specs\contract\20-construction staking.docx BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS 11910 Greenville Ave., Suite 600 JOHN W. BIRKHOFF, P.E. GARY C. HENDRICKS, P.E. JOE R. CARTER, P.E. MATT HICKEY, P.E. ANDREW MATA, JR, P.E. JOSEPH T. GRAJEWSKI, III, P.E. DEREK B. CHANEY, P.E. CRAIG M. KERKHOFF, P.E. Mr. Joseph Johnson Director of Public Works City of Anna 3223 N. Powell Parkway Anna, Texas 75409 Dallas, Texas 75243 Fax (214) 461-8390 Phone (214) 361-7900 Re: US 75 Utility Relocations Project— Bid Award Recommendation Dear Mr. Johnson: February 22, 2018 We have checked and evaluated the competitive proposals received at 3:00 p.m., Thursday, February 1, 2018, for the US 75 Utility Relocations project. We are enclosing the Bid Summary and Itemized Bid Tabulation. The bids were evaluated in the manner as described within the bidding documents and summarized below: Factors Considered % Weight Given Bid Amount 60% Quality of Bidder's previous Municipal Projects of similar nature 25% Bidder's past relationship with the city 10% Safety record of the Bidder 5% Dickerson Construction Co, Inc. of Celina, Texas submitted a bid in the amount of $1,311,884.50. Dickerson Construction Co, Inc. meets the qualification requirements of the bid documents, has a satisfactory record of completing similar projects throughout North Texas and has adequate equipment to properly pursue this project. Accordingly, based on the information we have available to us, we recommend that the City accept the bid from Dickerson Construction Co, Inc. and award them a contract in the amount of $1,311,884.50. We are available to discuss our recommendation further at your convenience. Sincerely, 1-,% ��� . Craig M. Kerkhoff, P.E., C.F.M. Enclosures TBPE Firm 526 ACEC Wellness Firm =;� Better Decisions -Better Designs TBPLS Firm 100318-00 jAclerical\a a\2016-114 us75 utility relocationsUettersUk\bid award recommendation doex CITY OF ANNA, TEXAS U.S. 75 Utility Relocations BID SUMMARY Bids Received at 3:00 p.m., Thursday, February 1, 2018 Contractor 1. Dickerson Construction Co., Inc. P.O. Box 181 Celina, Texas 75009 2. Wildstone Construction, LLC 12850 Hwy 287 Fort Worth, Texas 76052 3. KIK Underground, LLC P.O. Box 850787 Richardson, Texas 75085 4. Acadia Services, LLC 1510 Jelmak Street Grand Prairie, Texas 75050 5. Pittard Construction Company 190 E. Stacy Rd., #306-306 Allen, Texas 75002 6. Gomez Brothers Construction, Inc. 10437 Brangus Dr. Crowley, Texas 76036-9503 Total Amount Bid $ 1,311,884.50 $ 1,384,500.00 $ 1,408,846.30 $ 1,571,129.00 $ 1,574,993.00 $ 1,598,936.25 J:\CLERICAL\Anna\2016-114 IJS75 Utility Relocations\Specs\Tech-Spec\I I-P&BS-2 xlsx TABULATION OF BIDS BID OF BID OF BID OF BID OF Date: February 1, 2018 (Project: CITY OF ANNA, TEXAS BIRKHOFF, HENDRICKS & CARTER, L.L.P. Dickerson Construction Co., Inc. Wildstone Construction, LLC KIK Underground, LLC Acadia Services, LLC U.S. 75 Utility Relocations PROFESSIONAL ENGINEERS P.O. Box 181 12850 Hwy 287 P.O. Box 850787 1510 Jelmak Street Dallas, Texas Celina, Texas 75009 Fort Worth; Texas 76052 Richardson, Texas 75085 Grand Prairie, Texas 75050 Item Approximate Unit 1 nit Bid mY 1 Unit 1 No. Quantities Unit Descri tion Price Extension FPrice Extension Price Extension Price Extension 1 124 Sta. Right -of -Way Preparation $200.00 $ 24,800.00 $881.00 $ 109,244.00 $750,00 $ 93,000.00 $300.00 $ 37,200,00 Furnish & Install 4-inch PVC Water Line (AWWA C-900, DR-18) with All Fittings and 2 33 L.F. Embedment by Open Cut $50.00 $ 1,650.00 $32.50 $ 1,072.50 $30.00 $ 990.00 $30.00 $ 990.00 Furnish & Install 6-inch PVC Water Line (AWWA C-900, DR-18) with All Fittings and 3 98 L.F. Embedment by Open Cut $50.00 $ 4,900.00 $35.00 $ 3,430.00 $32.00 $ 3,136.00 $35.00 $ 3,430.00 Furnish & Install 8-inch PVC Water Line (AWWA C-900, DR-18) with All Fittings and 4 3,097 L.F. Embedment by Open Cut $42.00 $ 130,074.00 $38.00 $ 117,686.00 $42.00 $ 130,074.00 $47.00 $ 145,559.00 Furnish & Install 8-inch PVC Water Line (AWWA C-900, DR-18) by Open Cut with Type "G" 5 222 L.F. Concrete Embedment and All Fittin s $110.00 $ 24,420.00 $72.00 $ 15,984.00 $57.00 $ 12,654,00 $84.00 $ 18.648.00 6 710 L.F. Furnish & Install 12-inch HDPE Water Line with Fused Joints and Embedment by Open Cut $90.00 $ 63,900.00 $78.00 $ 55,380.00 $70.00 $ 49.700.00 $109.00 $ 77.390.00 Furnish & Install 12-inch PVC Water Line (AWWA C-900, DR-18) with All Fittings and 7 8,503 L.F. Embedment bX Open Cut $57.00 $ 484,671.00 $50.00 $ 425,150.00 $58.00 $ 493,174.00 $66.00 $ 561,198.00 Furnish & Install 12-inch PVC Water Line (AWWA C-900, DR-18) by Other Than Open Cut with 8* 474 L.F. 18-inch Steel Encasement (1/4-inch thick)* $400.00 $ 189,600.00 $416.00 $ 197,184.00 $498.00 $ 236,052.00 $593.00 $ 281,082.00 Furnish & Install 12-inch PVC Water Line (AWWA C-900, DR-18) by Other Than Open Cut (No 8A* 100 L.F. I Encasement Required) $230.00 $ 23.000.00 $331.00 $ 33,100.00 $187.00 $ 18,700.00 $420.00 $ 42,000.00 Furnish & Install 12-inch PVC Water Line (AWWA C-900, DR-18) by Open Cut with Type "G" 9 148 L.F. Concrete Embedment and All Fittings $112.00 $ 16,576,00 $86.00 $ 12,728.00 $74 00 $ 10,952.00 $105.00 $ 15,540.00 Connect to Existing Water Service, including Service Saddle and All Fittings to Connect to 10 33 Ea. Existing Meter & Meter Box $800.00 $ 26,400.00 $1,383.00 $ 45.639.00 $720.00 $ 23,760.00 $1,500.00 $ 49,500.00 Furnish and Install 2-inch Service Saddle, 2-inch Corporation Stop, 10 L.F. of 2-inch Polyethylene 10A* 3 Ea. Service Line and Meter Box $1,600.00 $ 4,800.00 $1,568.00 $ 4,704.00 $1,458.00 $ 4,374.00 $2,500.00 $ 7,500.00 Furnish & Install 4-inch Resilient Seated Gate Valve, including Valve Stack, Valve Pad & H* 2 Ea. Extension $1,100.00 $ 2,200.00 $1,250.00 $ 2,500.00 $887.00 $ 1,774.00 $1,400.00 $ 2,800.00 Furnish & Install 6-inch Resilient Seated Gate Valve, including Valve Stack, Valve Pad & 12* 1 Ea. Extension $1,100.00 $ 1,100.00 $1,475.00 $ 1,475.00 $1,000.00 $ 1,000.00 $1,500.00 $ 1,500.00 Furnish & Install 8-inch Resilient Seated Gate Valve, including Valve Stack, Valve Pad & 13* 10 Ea. Extension $1,400.00 $ 14,000.00 $1,806.00 $ 18,060.00 $1,375.00 $ 13.750.00 $1,900,00 $ 19,000.00 Furnish & Install 12-inch Resilient Seated Gate Valve, including Valve Stack, Valve Pad & 14* 28 Ea. Extension $2,250.00 $ 63,000.00 $2,836.00 $ 79,408.00 $2,400.00 % 67,200.00 $3,000.00 $ 84,000.00 15* 3 Ea. Furnish & Install 8-inch Blow -off Valve $3,500.00 $ 10,500.00 $4,818.00 $ 14,454.00 $6.466.00 $ 19,398.00 $4,200.00 $ 12,600,00 16* 6 Ea. Furnish & Install Standard Fire Hydrant and Fittings 1 $4,500.00 $ 27,000.00 $4,443.00 $ 26,658.00 $6,850.00 $ 41,100.00 $4,500.00 $ 27,000.00 17 2 Ea. Relocate Existing Fire Hydrant $2,500.00 $ 5,000.00 $1,698.00 $ 3,396.00 $6,850.00 $ 13,700.00 $900.00 $ 1,800.00 18* 4 Ea. Furnish & Install 2-inch Combination Air Release Valve w/ 4-foot Manhole $4,500.00 $ 18,000.00 $5,278.00 $ 21,112.00 $6,257.00 1 $ 25,028.00 $4,400.00 $ 17,600.00 J:\CLERICAL\Anna\2016-114 US75 Utility Relocations\Specs\Tech-Spec\11-P&BS-2.xlsx Page 1 of 6 TABULATION OF BIDS Date: February 1, 2018 (Project: CITY OF ANNA, TEXAS BIRKHOFF, HENDRICKS & CARTER, L.L.P. U.S. 75 Utility Relocations PROFESSIONAL ENGINEERS Dallas, Texas BID OF Dickerson Construction Co., Inc. P.O. Box 181 Celina, Texas 75009 BID OF Wildstone Construction, LLC 12850 Hwy 287 Fort Worth, Texas 76052 BID OF KIK Underground, LLC P.O. Box 850787 Richardson, Texas 75085 BID OF Acadia Services, LLC 1510 Jelmak Street Grand Prairie, Texas 75050 Item No. Approximate Quantities Unit Descri tion Unit i Price Extension nit i Price Extension mt i Price Extension nit 1 Price Extension 71 19 2 Ea. Connect to Existing 2-inch Water Line $1,000.00 $ 2,000.00 $690.00 $ 1380.00 $500.00 $ 1,000.00 $1,000.00 $ 2,000.00 20 3 Ea. Connect to Existing 4-inch Water Line $1,500.00 $ 4.500.00 $996.00 $ 2,988.00 $1,050.00 $ 3,150.00 $1,200.00 $ 3,600,00 21 3 Ea. Connect to Existing 6-inch Water Line $1.500.00 $ 4,500.00 $1,027.00 $ 3,081.00 $1350.00 $ 4,050.00 $1,500.00 $ 4.500.00 22 2 Ea. Connect to Existing 8-inch Water Line $1,800.00 $ 3,600.00 $1,010,00 $ 2,020.00 $1,685.00 $ 3,370.00 $1,800.00 $ 3,600.00 23 5 Ea. Connect to Existing 12-inch Water Line $2,000.00 $ 10,000.00 $1,206,00 $ 6,030.00 $2,500.00 $ 12,500.00 $2,000.00 $ 10,000.00 24 11 Ea. Cut, Plug & Abandon Existin Water Line $1,200.00 $ 13,200.00 $650.00 $ 7,150.00 $1,000.00 $ 11,000.00 $500.00 $ 5,500.00 25 1 L.S. Furnish Erosion Control Plan $2,500.00 $ 2,500.00 $2.255.00 $ 2.255.00 $1,250.00 $ 1,250.00 $2,500.00 $ 2,500.00 26 12,371 L.F. Furnish, Install, Maintain and Remove Erosion Control Devices $1.50 $ 18,556.50 $2.00 $ 24,742.00 $2.40 $ 29,690.40 $4.00 $ 49,484.00 27 5 Mos. Furnish, Install, Maintain and Remove Traffic Control Devices $2,500.00 $ 12,500.00 $3,377.00 $ 16,885.00 $765.00 $ 3,825.00 $3,200.00 $ 16,000.00 28 1 L.S. Furnish Trench Safety Plan $1,000.00 $ 1,000.00 $880.00 $ 880.00 $450.00 $ 450.00 $1.000.00 $ 1,000,00 29 12,371 L.F. Furnish, Install, Maintain and Remove Trench Safety Systems $2.00 $ 24,742.00 $0.50 $ 6.185.50 $1.00 $ 12,371.00 $1.00 $ 12,37L00 30 18 S.Y. Remove & Replace Gravel Driveway $10.00 $ 180.00 $104.00 $ 1,872.00 $20.00 $ 360.00 $15.00 $ 270,00 31 174 S.Y. Remove & Replace Concrete Driveway $100.00 $ 17,400.00 $219.00 $ 38,106.00 $100.00 $ 17,400.00 $85.00 $ 14,790,00 32 40 S.Y. Remove & Replace Asphalt Pavement $90.00 $ 3,600.00 $133.00 $ 5,320.00 $135.00 $ 5,400.00 $75.00 $ 3.000.00 33 48 S.Y. Remove & Replace Concrete Sidewalk $55.00 $ 2,640.00 $179.00 $ 8,592,00 $47.00 $ 2,256.00 $55.00 $ 2,640.00 34 47 S.Y. 'Remove Concrete Pavement $50.00 $ 2350.00 $101.00 $ 4.747.00 $15.00 $ 705.00 $25.00 $ 1,175.00 35 241 L.F. Full De th Sawcut $10.00 $ 2,410.00 $5.00 $ 1,205,00 $3.90 $ 939.90 $2.00 $ 482.00 36 241 L.F, Install Longitudinal Butt Joint $50.00 $ 12,050.00 $10.00 $ 2,410.00 $15.00 $ 3,615.00 $5.00 $ 1,205.00 37 20 L.F. Remove & Replace Barbed Wire Fence $10.00 $ 200.00 $29.00 $ 580.00 $10.00 $ 200.00 $5.00 $ 100,00 38 739 L.F. Remove & Replace Pipe Rail Fence $25.00 $ 18.475.00 $53.00 $ 39,167.00 $32.00 $ 23,648.00 $20.00 $ 14,780.00 39 149 L.F. Remove & Replace Hog Wire Fence $10.00 $ 1,490.00 $23.00 $ 3,427.00 $15.00 $ 2,235.00 $5.00 $ 745.00 40 57 L.F. Remove & Replace 6-inch Monolithic Curb $50.00 $ 2,850.00 $52.00 $ 2,964.00 $25.00 $ 1,425.00 $10.00 $ 570.00 41 1 L.F. Remove & Replace Barrier Free Ram $250.00 $ 250.00 $2,806.00 $ 2,806.00 $1,000.00 $ 1,000.00 $2,200.00 $ 2,200.00 42 68 S.Y. Cement Stabilized Backfill $100.00 $ 6,800.00 $52.00 $ 3,536,00 $55.00 $ 3,740.00 $60.00 $ 4,080.00 43 16 Ea Furnish & Install Concrete Bollard $250.00 $ 4,000.00 L $275.00 $ 4,400.00 $100.00 $ 1,600.00 r $200.00 $ 1200.00 JACLTRICAI.\Anna\2016-114IJS75 Utility Relocations\Specs\Tecb-Spec\l l-P&BS-2 xlsx Page 2 of 6 TABULATION OF BIDS BID OF BID OF BID OF BID OF Date: February 1, 2018 (Project: CITY OF ANNA, TEXAS BIRKHOFF, HENDRICKS & CARTER, L.L.P. Dickerson Construction Co„ Inc. Wildstone Construction, LLC KIK Underground, LLC Acadia Services, LLC U.S. 75 Utility Relocations PROFESSIONAL ENGINEERS P.O. Box 181 12850 Hwy 287 P.O. Box 850787 1510 Jelmak Street Dallas, Texas Celina, Texas 75009 Fort Worth, Texas 76052 Richardson, Texas 75085 Grand Prairie, Texas 75050 tern Approximate Unit Bid Unit Bid Unit Bid Unit Bid No. I Quantities Unit Description Price I Extension IL Price Extension IL Price Extension Price I Extension 44 1 Ea. Remove & Replace Ornamental Gate $2,500.00 $ 2,500.00 $1,455.00 S 1.455.00 $750.00 $ 750.00 $4,000.00 $ 4,000.00 45 2 Ea. For Project Signs $1,000.00 $ 2,000.00 $976.00 $ 1,952.00 $700.00 $ 1,400.00 $500.00 $ 1,000.00 TOTAL AMOUNT BID (Items 1 Through 45) $ 1,311,884.50 S 1,384,500.00 S 1,408,846.30 $ 1,571,129.00 * Buy American compliance document will be provided as required for the items marked "*" in accordance with TxDOT/FHWA letter dated April 7, 2014 ]:\CLERICAL\Anna\2016-114 US75 Utility Relocations\Specs\Tech-Spec\11-P&BS-2, xlsx Page 3 of 6 TABULATION OF BIDS BID OF BID OF Date: February 1, 2018 Project: CITY OF ANNA, TEXAS BIRKHOFF, HENDRICKS & CARTER, L.L.P. Pittard Construction Company Gomez Brothers Construction, Inc. U.S. 75 Utility Relocations PROFESSIONAL ENGINEERS 190 E. Stacy Rd., #306-306 10437 Brangus Dr. Dallas, Texas Allen, Texas 75002 Crowley, Texas 76036-9503 Item Approximate Unit 1 Unit 1 No. Quantities Unit Description Price Extension Price Extension 1 124 Sta. Right -of -Way Preparation $500,00 $ 62,000.00 $150.00 $ 18,600.00 Furnish & Install 4-inch PVC Water Line (AWWA C-900, DR-18) with All Fittings and 2 33 L.F. Embedment by Open Cut $65.00 $ 2,145.00 $50.00 $ 1,650.00 Furnish & Install 6-inch PVC Water Line (AWWA C-900, DR-18) with All Fittings and 3 98 L.F. Embedment by O en Cut $70.00 $ 6,860.00 $50.00 $ 4,900-00 Furnish & Install 8-inch PVC Water Line (AWWA C-900, DR-18) with All Fittings and 4 3,097 L.F. Embedment!a Open Cut $75.00 $ 232,275.00 $66.00 $ 204,402.00 Furnish & Install 8-inch PVC Water Line (AWWA C-900, DR-18) by Open Cut with Type "G" 5 222 L.F. 'Concrete Embedment and All Fittings $125.00 $ 27,750.00 $100.00 $ 22,200.00 6 710 L.F. Furnish & Install 12-inch HDPE Water Line with Fused Joints and Embedment by Open Cut $100.00 $ 71,000.00 $100.00 $ 71,000.00 Furnish & Install 12-inch PVC Water Line (AWWA C-900, DR-18) with All Fittings and 7 8,503 L.F. Embedment by Open Cut $80.00 $ 680,240.00 $92.00 $ 782,276.00 Furnish & Install 12-inch PVC Water Line (AWWA C-900, DR-18) by Other Than Open Cut with 8* 474 L.F. 18-inch Steel Encasement (1/4-inch thick)* $200.00 $ 94,800.00 $450.00 $ 213,300.00 Furnish & Install 12-inch PVC Water Line (AWWA C-900, DR-18) by Other Than Open Cut (No 8A* 100 L.F. Encasement Required) $100.00 $ 10.000.00 $140.00 $ 14.000.00 Furnish & Install 12-inch PVC Water Line (AWWA C-900, DR-18) by Open Cut with Type "G" 9 148 L.F. Concrete Embedment and All Fittings $130.00 $ 19,240.00 $110.00 $ 16,280.00 Connect to Existing Water Service, including Service Saddle and All Fittings to Connect to 10 1 33 Ea. Existing Meter & Meter Box $750.00 $ 24,750.00 $800.00 $ 26,400.00 Furnish and Install 2-inch Service Saddle, 2-inch Corporation Stop, 10 L.F. of 2-inch Polyethylene l0A* 3 Ea. .Service Line and Meter Box $2,000.00 $ 6,000.00 $2,300,00 $ 6,900.00 Furnish & Install 4-inch Resilient Seated Gate Valve, including Valve Stack, Valve Pad & 11* 2 Ea Extension $1,000.00 $ 2,000.00 $800.00 $ 1,600.00 Furnish & Install 6-inch Resilient Seated Gate Valve, including Valve Stack, Valve Pad & 12* 1 Ea. Extension $1,250.00 $ 1,250.00 $1,000.00 $ 1,000.00 Furnish & Install 8-inch Resilient Seated Gate Valve, including Valve Stack, Valve Pad & 13* 10 Ea. Extension $1,500.00 $ 15,000.00 $1,300.00 $ 13,000.00 Furnish & Install 12-inch Resilient Seated Gate Valve, including Valve Stack, Valve Pad & 14* 28 Ea. Extension $3,000.00 $ 84,000.00 $2,400.00 $ 67,200.00 15* 3 Ea. Furnish & Install 8-inch Blow -off Valve $6,000.00 $ 18,000.00 $1,400.00 $ 4,200.00 16* 6 Ea. Furnish & Install Standard Fire Hydrant and Fittings $5,000.00 $ 30,000.00 $3,400.00 $ 20.400.00 17 2 Ea. Relocate Existing Fire Hydrant $5,000.00 $ 10,000.00 $2,000.00 $ 4,000.00 18* 4 Ea. Furnish & Install 2-inch Combination Air Release Valve w/ 4-foot Manhole $6,000.00 $ 24,000.00 $5,000.00 1 $ 20,000.00 J:\CLERiCAL\Anna\2016-114 US75 Utility Re1oca1ions\Specs\Tech-Spec\11-P&BS-2 xlsx Page 4 of 6 TABULATION OF BIDS Date: February 1, 2018 (Project: CITY OF ANNA, TEXAS BIRKHOFF, HENDRICKS & CARTER, L.L.P. U.S. 75 Utility Relocations PROFESSIONAL ENGINEERS Dallas, Texas BID OF Pittard Construction Company 190 E. Stacy Rd., #306-306 Allen, Texas 75002 BID OF Gomez Brothers Construction, Inc. 10437 Brangus Dr. Crowley, Texas 76036-9503 Item No. Approximate Quantities Unit Description Unit 1 Price Extension mt 1 Price Extension 19 2 Ea. Connect to Existing 2-inch Water Line $1,000.00 $ 2,000.00 $300.00 $ 600.00 20 3 Ea. Connect to Existing 4-inch Water Line $1.000.00 $ 3.000.00 $600.00 $ 1.800.00 21 3 Ea. Connect to Existing 6-inch Water Line $1,000.00 $ 3,000.00 $700.00 $ 2,100.00 22 2 Ea. Connect to Existing 8-inch Water Line $1.000.00 $ 2.000.00 $1.000.00 $ 2.000.00 23 5 Ea. Connect to Existin 12-inch Water Line $1,500.00 $ 7,500.00 $1,500.00 $ 7,500.00 24 11 Ea. Cut, Plug & Abandon Existing Water Line $500.00 $ 5,500.00 $100.00 $ 1,100.00 25 1 L.S. Furnish Erosion Control Plan $5-000.00 $ 5,000.00 $3,000.00 $ 3,000.00 26 12,371 L.F. Furnish, Install, Maintain and Remove Erosion Control Devices $2.00 $ 24,742.00 $1.00 $ 12,371.00 27 5 Mos. Furnish, Install, Maintain and Remove Traffic Control Devices $5,000.00 $ 25,000.00 $800.00 $ 4,000,00 28 1 L.S. Furnish Trench Safety Plan $1,250.00 $ 1,250.00 $1,000.00 $ 1,000.00 29 12,371 L.F. Furnish, Install. Maintain and Remove Trench Safety Systems $1.00 $ 12.371.00 $0.75 $ 9.278.25 30 18 S.Y. Remove & Replace Gravel Driveway $50.00 $ 900.00 $30.00 $ 540.00 31 174 S.Y. Remove & Re lace Concrete Driveway $100.00 $ 17,400.00 $49.00 $ 8,526,00 32 40 S.Y, Remove & Replace Asphalt Pavement $100.00 $ 4,000.00 $25,00 $ 1,000.00 33 48 S.Y. Remove & Replace Concrete Sidewalk $100.00 $ 4,800.00 $45.00 $ 2,160.00 34 47 S.Y, Remove Concrete Pavement $125.00 $ 5,875.00 $10.00 $ 470.00 35 241 L.F. Full Depth Sawcut $5.00 $ 1.205.00 $2.00 $ 482.00 36 241 L.F. Install Longitudinal Butt Joint $10.00 $ 2,410.00 $5.00 $ 1,205.00 37 20 L.F. Remove & Replace Barbed Wire Fence $10.00 $ 200.00 $20.00 $ 400.00 38 739 L.F. Remove & Replace Pipe Rail Fence $10.00 $ 7,390.00 $17.00 $ 12,563.00 39 149 L.F. Remove & Replace Hog Wire Fence $10.00 $ 1,490.00 $7,00 $ 1,043.00 40 57 L.F. Remove & Replace 6-inch Monolithic Curb $50.00 $ 2,850.00 $30.00 $ L710.00 41 1 L.F. Remove & Replace Barrier Free Ramp $2,500.00 $ 2,500.00 $2,500.00 $ 2,500.00 42 68 S.Y. Cement Stabilized Backfill $%00 $ 3.400.00 $60.00 $ 4.080.00 43 16 Ea. Furnish & Install Concrete Bollard $250.00 $ 4,000.00 $100.00 $ 1,600.00 JACLERICALWnna\2016-114 US75 Utility Relocations\Specs\Tech-Spec\11-P&BS-2 xlsx Page 5 of 6 TABULATION OF BIDS BID OF BID OF Date: February 1, 2018 Project: CITY OF ANNA, TEXAS BIRKHOFF, HENDRICKS & CARTER, L.L.P. Pittard Construction Company Gomez Brothers Construction, Inc. U.S. 75 Utility Relocations PROFESSIONAL ENGINEERS 190 E. Stacy Rd., #306-306 10437 Brangus Dr. Dallas, Texas Allen, Texas 75002 Crowley, Texas 76036-9503 Item Approximate m1 1 Unit i No. Quantities Unit Description Price Extension Price I Extension 44 1 Ea. Remove & Replace Ornamental Gate $2,500.00 $ 2,500.00 $12000.00 $ 1.000.00 45 2 Ea. For Project Signs $700.00 $ 1,400.00 $800.00 $ 1,600.00 hr TOTAL AMOUNT BID (Items 1 Tough 45) S 1,574,993.00 $ 1,598,936.25 * Buy American compliance document will be provided as required for the items marked "*" in accordance with TxDOT/FHWA letter dated April 7, 2014 1:\CLERICAL\Anna\2016-114 US75 Utility Relocations\Specs\Tech-Spec\1I-P&BS-2.x1sx Page 6 of 6 THE CITY OF Minna AGENDA ITEM: Item No. 8. City Council Agenda Staff Report Meeting Date: 2/27/2018 Consider/Discuss/Action on a Resolution approving a Concept Plan for Natural Springs Park. (Maurice Schwanke) SUMMARY: The Concept Plan for Natural Springs Park has changed over the course of time as uses shift or are added to the development. The concept attached represents the current improvements, proposed projects in the current budget, and future projects. Additionally, the Concept Plan shows the configuration of the Natural Springs Park after the approved land swap of 1.185 acres occurs. Current plan improvements include the dredging of the northern pond (waiting on last bid), construction of a drive and parking lot (will be out for bid in March and hopefully awarded in April). A grant is being used for the construction of the trail on the eastern edge of the northern pond (90 percent complete). The drive across the northern part of the park north of the north pond will be constructed by the developer of the land swap. New uses added to the park is a large venue amphitheater, a small venue amphitheater, as well as a potential burn/wild flower area. A use deleted from the previous concept plan is a dog park as well as several other buildings that have been razed. The Concept Plan shown has been recommended by the Parks Board. This agenda item addresses the Strategic Plan Theme #2 COMMUNITY VI BRANCY Goal: Improve Curb/Aesthetic Appeal of Community Improve and expand city's parks and open spaces • Focus on improvements to Natural Springs Park (ponds, restrooms, parking areas, office space). STAFF RECOMMENDATION: Approval of a Resolution approving the Concept Plan for Natural Springs Park. ATTACHMENTS: Description Upload Date Type Resolution Approving the Concept Plan for Natural Springs Park 2/21/2018 Resolution Exhibit Natural Springs Park Concept PIAN 2/22/2018 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE REVISED CONCEPT PLAN FOR THE "NATURAL SPRINGS PARK" IN THE AREA GENERALLY LOCATED EAST OF FERGUSON PARKWAY AND SOUTH OF WHITE STREET (FM 455). WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has approved Concept Plans before concerning Natural Springs Park, and WHEREAS, from time to time uses and designs of parks can change, and WHEREAS, the Park Board has reviewed the proposed Natural Springs Park Concept Plan and recommends that the City Council approve the Concept Plan for Natural Springs Park. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes as set forth in full. Section 2. Approval of Concept Plan The City Council hereby approves the Concept Plan for Natural Springs Park as shown in Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 27t" day of February 2018. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike Q E 8' TRAIL WHITE STREET (F.M. 455) NATURAL SPRINGS PARK' CONOEPT PLAN. ,,........ N 50' 0' 50' 100, w E s ACCESS DRIVE mm NINON qO L TRAIL 8' TRAIL EXISTING WATER FOUNTAIN GAZEBO I ro TRAIL DRIVE PROPOSED WATER -PARKING 0 YARD s SMALL VENUE AMPHITHEATER THE CITY OF AiAtia AGENDA ITEM: Item No. 9. City Council Agenda Staff Report Meeting Date: 2/27/2018 Discuss/Consider/Action on appointments to the Neighborhood Design Advisory Committee. (City Council) SUMMARY: At the January 23rd 2018 City Council meeting the City Council adopted a resolution creating a Neighborhood Design Advisory Committee and established the composition of the committee. The committee is slated to be appointed at the second regularly scheduled meeting of the City Council or as soon thereafter as is reasonably practicable. February 27th is the second regularly scheduled meeting. Attached is a resolution the Council can use as they make their appointments and then ratify their decisions. This agenda item addresses the Strategic Plan Theme #2 COMMUNITYVIBRANCY Goal: Improve Curb/Aesthetic Appeal of Community STAFF RECOMMENDATION: Make appointments and approve the Resolution. ATTACHMENTS: Description Resolution Appointing Members to the Neighborhood Design Advisory Committee Resolution Creating the Neighborhood Design Advisory Committee Upload Date Type 2/22/2018 Resolution 2/21 /2018 Backup Material CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION APPOINTING A NEIGHBORHOOD DESIGN ADVISORY COMMITTEE. WHEREAS, the City Council of the City of Anna ("City Council") has determined that the appointing of a Neighborhood Design Manual is necessary; and WHEREAS, the City Council desires to appoint a Neighborhood Design Advisory Committee as set forth in Resolution 2018-01-398 which created a Neighborhood Design Advisory Committee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated. The above recitals are hereby incorporated as if set forth in full. Section 2. Appointment of Committee. NEIGHBORHOOD DESIGN ADVISORY COMMITTEE MEMBERS Mayor, Nate Pike (Voting Member) Mayor appointed non -voting members 1.) City Council member - 2.) Planning and Zoning Commission Member - 3.) Community Development Corporation Member - 4.) Parks Board Member - Voting Members Council Place 1 1.) 2.) Council Place 2 3.) 4.) Council Place 3 5.) 6.) Council Place 4 7.) 8.) Council Place 5 9.) 10.) Council Place 6 11.) 12.) Section 3. Vacancies. Vacancies shall be filled as necessary with appointments made, whenever possible, by the Mayor or City Council member (or their respective successor) who originally appointed the vacant member position, and in accordance with the composition requirements as set forth in Resolution 2018-01-398. Section 4. Duties of the Committee. The Committee shall perform its duties solely in an advisory capacity, advising the Planning and Development Department of the City in regard to preparing a Neighborhood Design Manual. Section 5. Committee Meetings. 5.01 It is anticipated that the Committee will meet on a monthly basis until the Manual is ready to present to the Planning and Zoning Commission. 5.02 All meetings of the Committee shall comply with the requirements of the Open Public Meetings Act. 5.03 Any required action by the Committee will be determined by a simple majority of members present at a duly noticed meeting. Section 6. Dissolution. Unless otherwise ordered by the City Council, the Committee shall be deemed dissolved once the Neighborhood Design Manual has been submitted to the Planning & Zoning Commission for its consideration. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 27tn day of February 2018. ATTEST: APPROVED: Carrie L. Smith, City Secretary Mayor, Nate Pike CITY OF ANNA, TEXAS RESOLUTION NO. jQ1 q-0(-,�;g9 A RESOLUTION CREATING A NEIGHBORHOOD DESIGN ADVISORY COMMITTEE. WHEREAS, the City Council of the City of Anna ("City Council") has determined that the creation of a Neighborhood Design Manual is necessary; and WHEREAS, the City Council desires to create a Neighborhood Design Advisory Committee to ensure community input into the process of preparing a Neighborhood Design Manual; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated. The above recitals are hereby incorporated as if set forth in full. Section 2. Committee Established. The City of Anna. Texas ("City") hereby establishes the Neighborhood Design Advisory Committee ("Committee"). Section 3. Appointment and Composition of Committee. 3.01 The Mayor shall preside over and be a voting member of the Committee. The Committee shall have up to 12 additional voting members for a total of 13 voting members. 3.02 Four non -voting members of the Committee shall be appointed by the Mayor and must include: (a) one member of the City Council; (b) one member of the City of Anna, Texas Planning & Zoning Commission; (c) one member of the Anna Community Development Corporation, and (d) one member of the Parks Board. 3.03 Each member of the City Council —other than the Mayor —shall appoint two voting representatives to the Committee, and such appointments must include qualified voters in the City who are not serving on any other City board or committee, including but not limited to the Anna Community Development Corporation and the Anna Economic Development Corporation. Any additional members required to be appointed to fill all 13 voting positions shall be appointed by majority vote of the City Council 3.04 The Committee will be appointed at the second regularly scheduled meeting of the City Council following the adoption of this resolution or as soon thereafter as is reasonably practicable. 3.05 Vacancies shall be filled as necessary with appointments made, whenever possible, by the Mayor or City Council member (or their respective successor) who originally appointed the vacant member position, and in accordance with the composition requirements of subsections 3.02 and 3.03. Any other vacancies shall be appointed by majority vote of the City Council. 3.06 Notwithstanding any other provision of this resolution, the Committee's membership shall be comprised of qualified voters in the City. Section 4. Duties of the Committee. The Committee shall perform its duties solely in an advisory capacity, advising the Planning and Development Department of the City in regard to preparing a Neighborhood Design Manual. Section 5. Committee Meetings. 5.01 It is anticipated that the Committee will meet on a monthly basis until the Manual is ready to present to the Planning and Zoning Commission. 5.02 All meetings of the Committee shall comply with the requirements of the Open Public Meetings Act. 6.03 Any required action by the Committee will be determined by a simple majority of members present at a duly noticed meeting. Section 6. Dissolution. Unless otherwise ordered by the City Council, the Committee shall be deemed dissolved once the Neighborhood Design Manual has been submitted to the Planning & Zoning Commission for its consideration. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 231d day of January 2018. IjNW1126� Carrie L. Smith, city Secretary FS 2,0119-1,1- 3RS9 WAM ayor, Nate Pike THE CITY OF Minna AGENDA ITEM: Item No. 10. City Council Agenda Staff Report Meeting Date: 2/27/2018 Discuss/Consider/Action on the next step for hiring a City Manager. (Bill Shipp) SUMMARY: Provide any direction necessary regarding the city manager position. STAFF RECOMMENDATION: None.