HomeMy WebLinkAbout2018-09-11 Work Session & Regular Meeting Packet AGENDA
City Council Work Session
Tuesday, September 11, 2018 @ 6:30 PM
Anna City Hall, Council Chambers
111 N. Powell Parkway, Anna, Texas 75409
The City Council of the City of Anna will meet in Work Session at 6:30 PM, on
September 11, 2018, at the Anna City Hall, Located at 111 North Powell Parkway (Hwy
5), to consider the following items.
1.Call to Order, Roll Call and Establishment of Quorum
2.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); dispute regarding damage to City utility facilities.
a
b.Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov’t Code §551.072); city facilities; acquisition of easements
a
c.Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074); Council
appointments, City Manager, and related contracts and appointments.
a
d.Discuss or deliberate Economic Development Negotiations: (1) To discuss or
deliberate regarding commercial or financial information that the City has
received from a business prospect that the City seeks to have locate, stay, or
expand in or near the territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To deliberate the offer
of a financial or other incentive to a business prospect described by
subdivision (1). (Tex. Gov’t Code §551.087); possible incentive agreements
with property developers; pending negotiations on development agreements.
a
The Council further reserves the ri ght to enter into executive session at any time
throughout any duly noticed meeting under any applicable exception to the
Open Meetings Act.
3.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).
4.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 September 7, 2018.
___________________________________
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.
AGENDA
Regular City Council Meeting
Tuesday, September 11, 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
September 11, 2018, at the A nna C ity Hall, L ocated 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 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.Approving Council Meeting Minutes f or A ugust 18th, S pecial Meeting; August
28th, Regular Meeting; and S eptember 4th, Special Meeting. (City S ecretary)
a
b.Approving a Resolution approving a settlement with A tmos Mid Tex R R M
Settlement (A tmos Steering Committee)
a
c.Approve a R esolution authorizing the City Manager to enter into an I nter-L ocal
Agreement with Collin County for Dispatch S ervices (Chief Caponera).
a
6.A .) Hold a second public hearing on a voluntary annexation of a 9.752-acre tract of
land located in the J oseph S chluter Survey, A bstract 856. (Maurice Schwanke)
B.) Consider/Discuss/Action regarding Annexation. (Maurice Schwanke)
a
7.A ) P ublic hearing to consider public comments regarding a request by Skorburg
Company owner(s) of the property. The property is currently zoned Planned
Development 352-2007, General Commercial (C-2) zoning with excluded uses.
The owner(s) request to replace the existing Planned Development to Single
Family R esidential, and R etail. T he property is located at the northeast corner of
the intersection of S. Powell Parkway (Hwy 5) and Foster Crossing Road.
B ) C onsider/Discuss/A ction on a request by the owner(s) of the property to replace
the existing P lanned Development P D 352-2007 zoning.
a
8.Consider/Discuss/Action regarding a R esolution authorizing the C ity Manager to
execute a contract with HD Cooks R ock S olid, I nc. of A rgyle, Texas f or the Fourth
& E aston Paving and Drainage P roject. (J oseph J ohnson)
a
9.Consider/Discuss/Action approving an Ordinance amending Part I I I -A Subdivision
Regulations, A rticle 4, P ark land and P ublic F acility Dedication, and Part I V
S chedule of Fees, A rticle 4, S ection 5 and 6; Article 2 S ection 3.03 F ire Plan
Review and I nspection S ervices Fees; A rticle 7 Utility F ees, S ection 1, Garbage
Collection Charges, S ection 2, Water Meter S et Fees, and S ection 7, Rereading
Meters of The A nna City Code of Ordinances. (Maurice S chwanke)
a
10.Consider/Discuss/Action regarding a Resolution setting a P ublic Hearing for the
purpose of amending the C ity's Capital I mprovements P lan, L and Use
A ssumptions and I mpact Fees. (J oseph J ohnson)
a
11.Consider/Discuss/Action regarding a Resolution setting a P ublic Hearing for the
purpose of amending the C ity's Capital I mprovements P lan, L and Use
A ssumptions and Water & Wastewater I mpact F ees. (J oseph J ohnson)
a
12.Consider/Discuss/Action approving an Ordinance adopting the F Y 2018-2019
B udget (Dana T hornhill)
a
13.Consider/Discuss/Action approving an Ordinance adopting the 2018 Tax Rate
(Dana Thornhill)
a
14.Consider/Discuss/Action regarding a Resolution ratifying the property tax revenue
increase reflected in the City of A nna F Y 2018- 2019 Budget (Dana Thornhill)
a
15.Consider/Discuss/Action approving a Resolution regarding authorizing the
execution of a purchase contract for a fire truck.(Chief Gothard)
a
16.Consider/Discuss/Action on B oard Members A ttendance. (Council Member Toten)
a
17.A pproval of a Resolution authorizing the City Manager to negotiate a contract for
Construction Manager At Risk services for the C onstruction of the proposed city
hall. (Maurice S chwanke)
a
18.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:
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 P rofessional C onduct of the S tate B ar of Texas
clearly conf licts with C hapter 551 of the Government C ode (Tex. Gov’t Code
§551.071); dispute regarding damage to City utility facilities.
a
b.Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov’t Code §551.072); city facilities; acquisition of easements
a
c.Discuss or deliberate personnel matters (Tex. G ov’t Code §551.074); Council
appointments, City Manager, and related contracts and appointments.
a
d.Discuss or deliberate E conomic Development Negotiations: (1) To discuss or
deliberate regarding commercial or financial information that the City has
received from a business prospect that the City seeks to have locate, stay, or
expand in or near the territory of the City of Anna and with which the C ity is
conducting economic development negotiations; or (2) To deliberate the offer
of a f inancial or other incentive to a business prospect described by
subdivision (1). (Tex. Gov’t C ode §551.087); possible incentive agreements
with property developers; pending negotiations on development agreements.
a
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.
19.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).
20.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 September 7, 2018
___________________________________
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: 9/11/2018
AG E ND A IT E M :
A pproving Council Meeting Minutes for A ugust 18th, S pecial Meeting; A ugust 28th, Regular
Meeting; and S eptember 4th, Special Meeting. (City S ecretary)
S UM M ARY:
S TAF F RE C O M M E ND AT I O N:
AT TAC HM E NT S :
Description Upload Date Type
August 18, 2018 Special Meeting 9/6/2018 Exhibit
August 28, 2018 Work Session 9/6/2018 Exhibit
August 28, 2018 Regular Session 9/6/2018 Exhibit
September 4, 2018 S pecial Meeting 9/6/2018 Exhibit
ANNA CITY COUNCIL
MINUTES
SPECIAL MEETING
August 18, 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.
1.Call to Order.
Mayor Pike called the meeting to order at 8:43 a.m.
2.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. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074);
Council appointments, City Manager, and related contracts and
appointments.
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
a
Council Member Bryan moved to enter closed session. Council Member
Miller seconded. Motion passed 7-0.
Mayor Pike recessed the meeting at 8:44 a.m.
Mayor Pike reconvened the meeting at 4:13 p.m.
MOTION: Mayor Pike moved to choose Jim Proce as final candidate with
contract signed by both parties. Seconded by Council Member Toten.
3.Adjourn.
Approved on September 11, 2018.
________________________
Mayor Nate Pike
ATTEST:
__________________________
City Secretary Carrie L. Smith
ANNA CITY COUNCIL
MINUTES
WORK SESSION
August 28, 2018
The City Council of the City of Anna met in Work Session on the above date at Anna
City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the following items.
1.Call to Order, Roll Call and Establishment of Quorum
Mayor Pike called the meeting to order at 6:30 p.m.
Council Member Tutson was absent.
2.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); dispute regarding damage to City utility facilities.
a
b.Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov’t Code §551.072); city facilities; acquisition of easements
a
c.Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074); Council
appointments, City Manager, and related contracts and appointments.
a
d.Discuss or deliberate Economic Development Negotiations: (1) To discuss or
deliberate regarding commercial or financial information that the City has
received from a business prospect that the City seeks to have locate, stay, or
expand in or near the territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To deliberate the offer
of a financial or other incentive to a business prospect described by
subdivision (1). (Tex. Gov’t Code §551.087); possible incentive agreements
with property developers; pending negotiations on development agreements.
a
MOTION: Council Member Miller moved to enter closed session. Council
Member Beazley seconded. Motion carried 5-1. Bryan opposed.
Mayor Pike recessed the meeting at 6:31 p.m.
Mayor Pike reconvened the meeting at 7:28 p.m.
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.
3.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.
4.Adjourn. There being no further business before the Council, we will consider this
meeting adjourned at ___________ p.m.
Mayor Pike adjourned the meeting at 7:28 p.m.
Approved on the September 11, 2018.
________________________
Mayor Nate Pike
ATTEST:
__________________________
City Secretary Carrie L. Smith
ANNA CITY COUNCIL
MINUTES
REGULAR SESSION
August 28, 2018
1.Call to Order/Roll Call and Establishment of Quorum
Mayor Pike called the meeting to order at 7:30 p.m.
All Members were present.
2.Invocation and Pledge of Allegiance.
Mayor Pike led the invocation and pledge.
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.
Marietta Schell, 2115 Taylor Blvd., expressed concern about S.H. 121 because of
the fatality accident and number of total accidents.
Steven Consten, 1812 S. Ferguson Pkwy., inquired about notification of impact to
property as a result of Ferguson Road Project.
Jim Luscombe, 1303 W. Foster Crossing, spoke regarding the positive
communication with Staff and Council Member Tutson about the re-alignment of
Ferguson Pkwy.
Caleb Tindel, Assistant Superintendent with Anna ISD, spoke in support of the
Homecoming Parade to be held September 10, 2018 at 6:30 p.m. He thanked the
Police and Fire Departments for their assistance.
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.
Mayor Pike presented the proclamations.
a.Proclamation - Constitution Week.
Mayor Pike proclaimed September 17th through the 23rd as Constitution Week.
b.Proclamation - Pain Awareness Month
Mayor Pike proclaimed September as Pain Awareness Month.
Fire Chief Gothard was recognized for his assistance, while off-duty, during the
S.H. 121 fatality accident.
September 4, 2018 will be a special meeting for the budget and tax-rate hearing.
September 11, 2018 the Fire and Police Departments will be holding a 9/11
commemoration at Slayter Creek Park.
Council Member Tutson thanked staff for all their work.
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.
MOTION: Council Member Beazley moved to approve the consent agenda.
Council Member Bryan seconded. Motion carried 7-0.
a.Approve Council Meeting Minutes for August 14, 2018. (City Secretary)
b.Approve a Resolution approving and authorizing the City Manager to purchase
Self Contained Breathing Apparatus for the Fire Department. (Chief Gothard)
In the FY 18 budget adjustments authorized by Council, $67,500 was set
aside for S.C.B.A. replacements in the Fire Department. This purchase is for
$67,376.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO PURCHASE SELF
CONTAINED BREATHING APPARATUS (S.C.B.A.) AND ACCESSORY
ITEMS FROM METRO FIRE APPARATUS SPECIALIST THROUGH
BUY BOARD PURCHASING SYSTEM CONTRACT # 524-17.
c.Approve a Resolution authorizing the City Manager to purchase a mini-
excavator and accessory items. (Joseph Johnson)
Council previously approved a budget reallocation for Fiscal Year 2018 that
included up to $74,844 for the purchase of a miniexcavator. Through the
BuyBoard Purchasing Cooperative the City may purchase a new Yanmar A-
T18 V55BKP excavator and accessory items for $73,913.20. The proposed
purchase is more particularly described in Exhibit A.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO PURCHASE AN
EXCAVATOR AND ACCESSORY ITEMS FROM VERMEER TEXAS-
LOUISIANA THROUGH THE BUYBOARD COOPERATIVE
PURCHASING SYSTEM.
d.Approving a Resolution approving a Special Event Permit for Harvest Fest to
be held on October 27th, 2018. (Maurice Schwanke)
The annual Harvest Fest event (formerly Glow Fest) sponsored by the
Greater Anna Chamber of Commerce is scheduled for Saturday, October
27th, with an alternate date of November 3rd. The event this year will be held
at Slayter Creek Park. The event includes the following:
• a children’s area with bounce houses
• community partners (trick/or treat candies, games)
• car show
• live music with stage and
• vendors
GACC is working with the Anna Fire and Police Departments to coordinate
public safety and the directing of traffic and pedestrians in and around the
area. Parking for the event will be at the Anna High School where buses will
provide transportation to the event. Preparation for the event will start on
Saturday Morning, October 27th with clean up continuing on Sunday following
the event.
RESOLUTION APPROVING A SPECIAL EVENT PERMIT AND AN
AGREEMENT WITH THE GREATER ANNA CHAMBER OF
COMMERCE FOR THE 2018 “ANNA HARVEST FEST” AT SLAYTER
CREEK PARK
e.Approve a Resolution approving the Special Events Permit for a
Homecoming Parade. (Maurice Schwanke)
The Anna ISD has proposed to conduct a “Home Coming Parade’ to be held
on Rosamond Parkway between the Anna High School and Slayter Creek
Park on Monday, September 10th. The Parade will start at approximately 6:30
p.m. The parade will consist of trailer float(s) a few cars for homecoming
nominee, band and cheerleaders. The participants other than vehicles and
floats will then proceed into the football stadium for a PEP rally.
RESOLUTION APPROVING A SPECIAL EVENT PERMIT AND AN
AGREEMENT WITH THE ANNA INDEPENDENT SCHOOL DISTRICT
“HOMECOMING PARADE” AT ROSAMOND PARKWAY
6.Conduct a Public Hearing on the Proposed 2018 Tax Rate. (Dana Thornhill)
a
The City Council scheduled August 28th, 2018 at 7:30 p.m. as the date and time
for the first public hearing on the proposed 2018 Tax Rate. The second public
hearing is scheduled for September 4, 2018 at 6:30 p.m. Each year after
properties are appraised by the Collin County Appraisal District the Collin County
Tax Office calculates both the effective tax rate and the rollback tax rate for the City
of Anna as part of the service to collect taxes for the City. The following definitions
are provided from the Texas Comptroller's Office:
Effective tax rate: The effective tax rate is a calculated rate that would provide the
taxing unit with about the same amount of revenue
it received in the year before on properties taxed in both years. If property values
rise, the effective tax rate will go down and vice
versa.
Rollback tax rate: The rollback rate provides the taxing unit with about the same
amount of tax revenue it spent the previous year for day-to-day operations, plus an
extra 8 percent increase for those operations, in addition to sufficient funds to pay
debts in the coming
year. If a taxing unit adopts a tax rate higher than the rollback rate, voters in the
taxing unit can circulate a petition calling for an election to limit the size of the tax
increase.
The proposed budget is supported by a tax rate of $0.601288 which is equivalent
to the current rate. The following table is a comparison between the proposed tax
rate, last year's rate, the effective rate and roll-back rate.
Proposed FY 2019 Tax Rate $0.601288 per $100
Preceding FY 2018 Tax Rate $0.601288 per $100
Effective Tax Rate $0.536478 per $100
Rollback Tax Rate $0.624613 per $100
The effective tax rate is lower than the current rate because the value of properties
taxed in both years has increased.
The budget and tax rate are scheduled for adoption at the September 11th Council
meeting. Since the proposed tax rate is higher than the effective rate, section 26.05
of the Texas Tax Code requires a minimum of 60% of the Council members to vote
in favor of that rate. That would require at least 5 Council members to vote in favor
of the proposed tax rate.
Mayor Pike opened the public hearing at 7:50 p.m.
No comments.
Mayor Pike closed the public hearing at 7:52 p.m.
Council Member Miller stated the City is not married to the current tax rate and
should re-visit the rate.
7.Consider/Discuss/Action regarding a Resolution authorizing the City
Manager to execute an engineering task order with Birkhoff, Hendricks &
Carter, LLP for the Ferguson Parkway Project. (Joseph Johnson)
a
The Ferguson Parkway Project consists of approximately 6,200 linear feet of 4-
lanes of an ultimate 6-lane divided thoroughfare within a 120-foot right-of-way from
the Collin County Outer Loop to Taylor Boulevard. The project also includes a six-
lane bridge over Slayter Creek and approximately 1,800 linear feet of 2-lanes of the
ultimate 6-lane between Taylor Boulevard and Elm Street.
The project, if constructed, would provide traffic an additional north-south route into
the City's population center, relieving the intersections of FM 455 with US 75 and
SH 5. The project aligns with the City's adopted Strategic Plan goal "Build
Transportation Infrastructure" in which the comprehensive strategy is to design and
build transportation projects that relieve traffic congestion. The Ferguson Parkway
Project is listed as a specific project within the Strategic Plan.
The project meets the eligibility criteria for Congestion Mitigation Air Quality
(CMAQ) and Surface Transportation Block Grant (STBG) funding. The project has
been proposed to the North Texas Council of Governments (NCTCOG) and
NCTCOG has expressed significant interest in partnering with the City on this
project. The goal in moving the project forward into the schematic design phase
would be to position the project for funding and allow for right-of-way acquisition
should the Council so choose.
Task A is for the schematic design phase and includes Part I and portions of Part
VIII. Part I is for the amount of $114,080 and Part VIII is for the amount of
$137,700 for a total not-to-exceed amount of $251,780. Funding is available for the
project design in the City of Anna 2018 Certificate of Obligation Bond issue.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN
EXECUTING AN ENGINEERING TASK ORDER WITH BIRKHOFF,
HENDRICKS & CARTER, LLP FOR THE FERGUSON PARKWAY
PROJECT.
MOTION: Council Member Miller moved to approve. Council Member Bryan
seconded. Motion carried 7-0.
8.Consider/Discussion/Action on a Resolution Approving the First Amended
and Restated Subdivision Improvement Agreement with the Villages of
Hurricane Creek and authorizing the City Manager to execute all
documents and to take all other actions necessary to finalize the
agreement. (Maurice Schwanke)
a
After lengthy discussion and work by city council members, staff, city consultants
with the VHC team a first amended and restated Subdivision Improvement
Agreement with the Villages of Hurricane Creek has been prepared. This
agreement replaces the existing agreement wherein developer responsibilities
were not met.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN
EXECUTING A SUBDIVISION IMPROVEMENT AGREEMENT WITH CADG
HURRICANE CREEK, LLC, A TEXAS LIMITED LIABILITY COMPANY
MOTION: Mayor Pike moved to approve. Council Member Tutson seconded.
Motion carried 7-0.
9.Consider/Discuss/Action of a Resolution of reinstatement for the
Preliminary Plat of the Villages of Hurricane Creek. (Maurice Schwanke)
a
The Villages of Hurricane Creek preliminary plat expired. As part of the negotiations
for a revised subdivision improvement agreement the preliminary plat needs to be
reinstated.
The Villages of Hurricane Creek preliminary plat contains 368.2 acres of land 654
residential lots, an amenity center, a fire station location, and two public park areas.
Additionally, within the area are numerous planned HOA parcels to be kept as open
spaces and landscape areas. The lot sizes range from 8,400 square feet to 15,000
square feet. This proposal is in keeping with the zoning request recently approved
by City Council.
The Preliminary Plat has been reviewed by the City Staff and our Consulting
Engineer. The remaining comments address engineering provisions that will be
addressed when various sections are final platted. Two variances to the subdivision
rules and regulations are being requested with this plat. The first is a variance to the
maximum block length and the second is a variance to the minimum centerline
radius for Collector A. The Planning and Zoning recommended approval of the
preliminary plat subject to staff’s comments at their meeting November 3, 2014.
The vote was unanimous.
A RESOLUTION OF THE CITY OF ANNA, TEXAS REINSTATING THE
APPROVED PRELIMINARY PLAT OF THE “VILLAGES OF HURRICANE
CREEK ADDITION” GENERALLY LOCATED IN ANNA’S CITY LIMITS
LOCATED WEST OF U.S. HWY 75 AND NORTH OF FARM TO MARKET
HWY 455 AND IS SUBJECT TO THE SUBDIVISION RULES AND
REGULATIONS AS SET FORTH IN THIS RESOLUTION.
MOTION: Council Member Bryan moved to approve. Council Member Miller
seconded. Motion carried 7-0.
10.Consider/Discuss/Action on a Resolution to authorize the City Manager to
execute an Local Maintenance Agreement (LMA) for the Green Ribbon
Program by Texas Department of Transportation (TXDOT). (Maurice
Schwanke)
a
The City has received a grant from TXDOT for a Green Ribbon Program project
along West White Street from U. S. 75 to Ferguson Parkway, and Willow Creek Dr.
Street to S.H. 5. The grant amount is for $687,286. After the installation of the
landscaping the City will be required to maintain the right-of-way of the project area.
The proposed landscaping is a minimum maintenance scenario since no turf grass
is proposed. The medians will use drought tolerant plants and hard surfaces. We
are currently mowing and picking up trash in the median and we will continuing after
improvements. As part of the process the City is required to approve the
Landscape Maintenance Agreement. This agenda item meets the Strategic Plan of
the City by designing and construction of landscape enhancements in the median of
State Highway 455 between U.S. 75 and S.H. 5.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN
EXECUTING A LANDSCAPE MAINTENANCE AGREEMENT (LMA) WITH
TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR THE
GREEN RIBBON PROGRAM PROJECT ON U.S. 455.
MOTION: Council Member Bryan moved to approve. Council Member Tutson
seconded. Motion carried 7-0.
11.Consider/Discuss/Action on a Resolution appointing a City Manager and
approving a City Manager employment agreement.
a
A RESOLUTION OF THE CITY OF ANNA, TEXAS, APPOINTING A CITY
MANAGER AND APPROVING AN EMPLOYMENT AGREEMENT.
MOTION: Council Member Tutson moved to appoint James Proce beginning
September 10, 2018. Council Member Bryan seconded. Motion carried 7-0.
12.CLOSED SESSION (EXCEPTIONS)
Under Tex. Gov't Code Chapter 551, the City Council may enter into closed
session to discuss any items listed or referenced on this agenda under the
following exceptions:
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); dispute regarding damage to City utility facilities.
a
b.Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov’t Code §551.072); city facilities; acquisition of easements
a
c.Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074); Council
appointments, City Manager, and related contracts and appointments.
a
d.Discuss or deliberate Economic Development Negotiations: (1) To discuss or
deliberate regarding commercial or financial information that the City has
received from a business prospect that the City seeks to have locate, stay, or
expand in or near the territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To deliberate the offer
of a financial or other incentive to a business prospect described by
subdivision (1). (Tex. Gov’t Code §551.087); possible incentive agreements
with property developers; pending negotiations on development agreements.
a
13.Consider/Discuss/Action on any items listed on the posted agenda or any
closed session occurring during this meeting, as necessary
14.Adjourn.
Mayor Pike adjourned the meeting at 8:21 p.m.
Approved on the September 11, 2018.
________________________
Mayor Nate Pike
ATTEST:
__________________________
City Secretary Carrie L. Smith
ANNA CITY COUNCIL
MINUTES
SPECIAL MEETING
September 4, 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.
1.Call to Order.
Mayor Pike called the meeting to order at 6:35 p.m.
Council Member Beazley was absent.
2.Conduct a Public Hearing on the Proposed FY 2018-2019 Budget.
(Dana Thornhill)
a
Mayor Pike opened the public hearing at 6:35 p.m.
Andy Michrina, 902 Fulbourne, requested a dog park be funded.
William Morgan, 2029 Helmoken Falls, requested the tax rate be lowered.
Mayor Pike closed the public hearing at 6:57 p.m.
Council discussion ensued.
3.Conduct a Public Hearing on the Proposed 2018 Tax Rate. (Dana Thornhill)
a
Mayor Pike opened the public hearing at 8:18 p.m.
William Morgan, 2029 Helmoken Falls, requested the tax rate be lowered.
Mayor Pike closed the public hearing at 8:22 p.m.
4. Adjourn.
Approved on September 11, 2018.
________________________
Mayor Nate Pike
ATTEST:
__________________________
City Secretary Carrie L. Smith
Item No. 5.b.
City Council Agenda
Staff Report
Meeting Date: 9/11/2018
AGENDA ITEM:
Approving a Resolution approving a settlement with Atmos Mid Tex RRM Settlement (Atmos
Steering Committee)
SUMMARY:
The Resolution should be adopted by your council in September to approve the rates to go
into effect on October 1. Attached to the Resolution are the tariff sheets (Exh. A), a revised
schedule for Pensions and Benefits (Exh. B), and an amortization schedule for the treatment of
deferred taxes (Exh. C).
We have also included a Model Staff Report for your use. Attached to the Staff Report are the
Proof of Revenues showing the collection of additional revenues in the amount of $24.9 million on
a system-wide basis, and a Bill Impact Statement.
As I mentioned earlier, the rate reduction implemented in March should more than offset the $17.8
million increase that is applicable to ACSC, and the out-of-pocket expense should be a few cents
less per month than the out-of-pocket expense associated with rates that were in effect last
January and February.
Please let us know if you have any questions.
Thank you,
Geoffrey Gay
Georgia Crump
STAFF RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
Model Staff Report 9/7/2018 Staff Report
Ordinance 9/7/2018 Ordinance
1
August 24, 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 Atmos Cities Steering
Committee (“ACSC”). In 2007, ACSC 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 most
recent iteration of an RRM Tariff was reflected in an ordinance adopted by ACSC members earlier
this year. On or about April 1, 2018, the Company filed a rate request pursuant to the RRM Tariff
adopted by ACSC members. The Company claimed that its cost-of-service in a test year ending
December 31, 2017, entitled it to additional system-wide revenues of $42.0 million. Application of
the standards set forth in ACSC’s RRM Tariff required Atmos to reduce its request to $27.4 million.
After review of the consultants’ report, the Company offered to settle for a system-wide increase of
$25.9 million. Following further negotiations, ACSC’s Executive Committee agreed to recommend
a system-wide rate increase of $24.9 million. That increase when allocated to ACSC members
results in an increase of $17.8 million. The Effective Date for new rates is October 1, 2018. ACSC
members should take action approving the Resolution before the end of September.
2
PROOF OF REVENUES
Atmos generated proof that the rate tariffs attached to the Resolution will generate $24.9
million in additional revenues on a system-wide basis. That proof is attached as Attachment 1 to
this Staff Report. ACSC consultants have agreed that Atmos’ Proof of Revenues is accurate.
BILL IMPACT
Given the fact that ACSC demanded that Atmos reflect reduced federal income taxes in its
cost-of-service, as reflected in the RRM Tariff adopted earlier this year, Atmos reduced its rates in
March. The rate increase associated with the Resolution is largely offset by the lowered federal
income tax rates, such that out-of-pocket expense to consumers should be roughly the same under
new rates as what was experienced by consumers last winter. A bill impact comparison is attached
as Attachment 2.
SUMMARY OF ACSC’S OBJECTION TO THE UTILITIES CODE SECTION 104.301
GRIP PROCESS
ACSC strongly opposed the GRIP process because it constitutes piecemeal ratemaking by
ignoring declining expenses and increasing revenues while rewarding the Company for increasing
capital investment on an annual basis. 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 allow recovery of Cities’ 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 without any material adjustments. In ACSC’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.
EXPLANATION OF “BE IT ORDAINED” PARAGRAPHS
1.This section approves all findings in the Resolution.
3
2.This section adopts the RRM rate tariffs and finds the adoption of the new rates to be just,
reasonable, and in the public interest.
3.This section finds that existing rates are unreasonable. Such finding is a necessary predicate
to establishment of new rates. The new tariffs will permit Atmos Mid-Tex to recover an
additional $24.9 million on a system-wide basis. Settling Cities will be responsible for
$17.8 million of the $24.9 million.
4.This section approves an exhibit that establishes a benchmark for pensions and retiree
medical benefits to be used in future rate cases or RRM filings.
5.This section approves an exhibit to be used in future rate cases or RRM filings regarding
recovery of regulatory liabilities, such as excess deferred income taxes.
6.This section requires the Company to reimburse the City for expenses associated with
review of the RRM filing, settlement discussions, and adoption of the Resolution approving
new rate tariffs.
7.This section repeals any resolution or ordinance that is inconsistent with the Resolution.
8.This section finds that the meeting was conducted in compliance with the Texas Open
Meetings Act, Texas Government Code, Chapter 551.
9.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 Resolution. This section further directs that the remaining provisions of
the Resolution are to be interpreted as if the offending section or clause never existed.
10.This section provides for an effective date upon passage.
11.This section directs that a copy of the signed Resolution be sent to a representative of the
Company and legal counsel for ACSC.
4
CONCLUSION
The Legislature’s GRIP process allowed gas utilities to receive annual rate increases
associated with capital investments. The RRM process has proven to result in a more efficient and
less costly (both from a consumer rate impact perspective and from a ratemaking perspective) than
the GRIP process. Given Atmos Mid-Tex’s claim that its historic cost of service should entitle it to
recover $42 million in additional system-wide revenues, the RRM settlement at $24.9 million
reflects savings of $17.1 million. ACSC’s consultants produced a report indicating that Atmos had
justified increased revenues of at least $21.7 million. Settlement at $24.9 million is fair and
reasonable. The ACSC Executive Committee consisting of city employees of 18 ACSC members
urges all ACSC members to pass the Resolution before September 30, 2018. New rates become
effective October 1, 2018.
2557/30/7718885
Attachment 1
ATMOS ENERGY CORP., MID-TEX DIVISION
PROPOSED TARIFF STRUCTURE (BEFORE RATE CASE EXPENSE RECOVERY)
TEST YEAR ENDING DECEMBER 31, 2017
Line
No.(a)(b)(c)(d)(e)(f)(g)(h)(i)(j)(k)
1 Proposed Change In Rates:24,900,000$ Schedule A
2 Proposed Change In Rates without Revenue Related Taxes:23,357,466$ Ln 1 divided by Tax factor on WP_F-5.1
3
4
5
6
Revenue
Requirements Allocations
7 Residential 338,431,486$ 77.95%Per GUD 10170 Final Order
8 Commercial 84,223,622 19.40%Per GUD 10170 Final Order
9 Industrial and Transportation 11,490,316 2.65%Per GUD 10170 Final Order
10 Net Revenue Requirements GUD No. 10170 434,145,424$ 100.00%
11
12
13
14
15
16 Increase to Customer Classes per GUD 10170 Final Order:Customer Charges Rounded Off and residential base charge increase for 2018 limited to $0.60 per RRM tariff:
17
18 Customer Charges Current Prospective Revenues Customer Charges Proposed Change
Proposed
Change In
Revenues
Proposed
Rates Proposed Revenues
19
20 Residential Base Charge 18.35$ 0.50$ 9,103,979$ Residential Base Charge 0.50$ 9,156,798$ 18.85$ 345,211,285$
21 Residential Consumption Charge 0.13734$ 0.01118$ 9,103,979 Residential Consumption Charge 0.01112$ 9,051,844 0.14846$ 120,848,626
22 Commercial Base Charge 41.95$ 1.54$ 2,265,658 Commercial Base Charge 1.55$ 2,278,481 43.50$ 63,944,478
23 Commercial Consumption Charge 0.08746$ 0.00421$ 2,265,658 Commercial Consumption Charge 0.00419$ 2,253,573 0.09165$ 49,293,546
24 I&T Base Charge 752.00$ 32.12$ 309,095 I&T Base Charge 32.00$ 307,968 784.00$ 7,545,216
25 I&T Consumption Charge Tier 1 MMBTU 0.3172$ 0.0140$ 144,188 I&T Consumption Charge Tier 1 MMBTU 0.0140$ 144,244 0.3312$ 3,412,408
26 I&T Consumption Charge Tier 2 MMBTU 0.2322$ 0.0102$ 118,338 I&T Consumption Charge Tier 2 MMBTU 0.0103$ 118,980 0.2425$ 2,801,237
27 I&T Consumption Charge Tier 3 MMBTU 0.0498$ 0.0022$ 46,570 I&T Consumption Charge Tier 3 MMBTU 0.0022$ 46,631 0.0520$ 1,102,180
28 Total 23,357,466$ Total 23,358,519$ 594,158,976$
29
WP_J-5
Page 2 of 7
Attachment 2
Line October 1, 2018
1 Rate R @ 45 Ccf CURRENT PROPOSED CHANGE
2 Customer charge 18.35$
3 Consumption charge 45.0 CCF X 0.13734$ =6.18
4 Rider GCR Part A 45.0 CCF X 0.28533$ =12.84
5 Rider GCR Part B 45.0 CCF X 0.30630$ =13.78
6 Subtotal 51.15$
7 Rider FF & Rider TAX 51.15$ X 0.06604 =3.38
8 Total 54.53$
9
10 Customer charge 18.85$
11 Consumption charge 45.0 CCF X 0.14846$ =6.68
12 Rider GCR Part A 45.0 CCF X 0.28533$ =12.84
13 Rider GCR Part B 45.0 CCF X 0.30630$ =13.78
14 Subtotal 52.15$
15 Rider FF & Rider TAX 52.15$ X 0.06604 =3.44
16 Total 55.59$ 1.06$
17 1.94%
18
19 Rate C @ 346.5 Ccf CURRENT PROPOSED CHANGE
20 Customer charge 41.95$
21 Consumption charge 346.5 CCF X 0.08746$ =30.31
22 Rider GCR Part A 346.5 CCF X 0.28533$ =98.88
23 Rider GCR Part B 346.5 CCF X 0.22105$ =76.60
24 Subtotal 247.74$
25 Rider FF & Rider TAX 247.74$ X 0.06604 =16.36
26 Total 264.10$
27
28 Customer charge 43.50$
29 Consumption charge 346.5 CCF X 0.09165$ =31.76
30 Rider GCR Part A 346.5 CCF X 0.28533$ =98.88
31 Rider GCR Part B 346.5 CCF X 0.22105$ =76.60
32 Subtotal 250.74$
33 Rider FF & Rider TAX 250.74$ X 0.06604 =16.56
34 Total 267.30$ 3.20$
35 1.21%
ATMOS ENERGY CORP., MID-TEX DIVISION
AVERAGE BILL COMPARISON - BASE RATES
TEST YEAR ENDING DECEMBER 31, 2017
Attachment 2
36 Rate I @ 3907 MMBTU CURRENT PROPOSED CHANGE
37 Customer charge 752.00$
38 Consumption charge 1,500 MMBTU X 0.3172$ =475.80
39 Consumption charge 2,407 MMBTU X 0.2322$ =558.79
40 Consumption charge 0 MMBTU X 0.0498$ =-
41 Rider GCR Part A 3,907 MMBTU X 0.2922$ =1,141.41
42 Rider GCR Part B 3,907 MMBTU X 0.4881$ =1,906.68
43 Subtotal 4,834.68$
44 Rider FF & Rider TAX 4,834.68$ X 0.06604 =319.28
45 Total 5,153.96$
46
47 Customer charge 784.00$
48 Consumption charge 1,500 MMBTU X 0.3312$ =496.80
49 Consumption charge 2,407 MMBTU X 0.2425$ =583.58
50 Consumption charge 0 MMBTU X 0.0520$ =-
51 Rider GCR Part A 3,907 MMBTU X 0.2922$ =1,141.41
52 Rider GCR Part B 3,907 MMBTU X 0.4881$ =1,906.68
53 Subtotal 4,912.47$
54 Rider FF & Rider TAX 4,912.47$ X 0.06604 =324.42
55 Total 5,236.89$ 82.93$
56 1.61%
57 Rate T @ 3907 MMBTU CURRENT PROPOSED CHANGE
58 Customer charge 752.00$
59 Consumption charge 1,500 MMBTU X 0.3172$ =475.80
60 Consumption charge 2,407 MMBTU X 0.2322$ =558.79
61 Consumption charge 0 MMBTU X 0.0498$ =-
62 Rider GCR Part B 3,907 MMBTU X 0.4881$ =1,906.68
63 Subtotal 3,693.27$
64 Rider FF & Rider TAX 3,693.27$ X 0.06604 =243.90
65 Total 3,937.17$
66
67 Customer charge 784.00$
68 Consumption charge 1,500 MMBTU X 0.3312$ =496.80
69 Consumption charge 2,407 MMBTU X 0.2425$ =583.58
70 Consumption charge 0 MMBTU X 0.0520$ =-
71 Rider GCR Part B 3,907 MMBTU X 0.4881$ =1,906.68
72 Subtotal 3,771.06$
73 Rider FF & Rider TAX 3,771.06$ X 0.06604 =249.04
74 Total 4,020.10$ 82.93$
75 2.11%
ORDINANCE NO. __________ - Page 1 of 5
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, APPROVING A NEGOTIATED SETTLEMENT
BETWEEN THE ATMOS CITIES STEERING COMMITTEE
(“ACSC”) AND ATMOS ENERGY CORP., MID-TEX DIVISION
REGARDING THE COMPANY’S 2018 RATE REVIEW
MECHANISM FILINGS; DECLARING EXISTING RATES TO BE
UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE
ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED
SETTLEMENT; FINDING THE RATES TO BE SET BY THE
ATTACHED SETTLEMENT TARIFFS TO BE JUST AND
REASONABLE AND IN THE PUBLIC INTEREST; APPROVING
AN ATTACHED EXHIBIT ESTABLISHING A BENCHMARK FOR
PENSIONS AND RETIREE MEDICAL BENEFITS; APPROVING
AN ATTACHED EXHIBIT REGARDING AMORTIZATION OF
REGULATORY LIABILITY; REQUIRING THE COMPANY TO
REIMBURSE ACSC’S REASONABLE RATEMAKING
EXPENSES; DETERMINING THAT THIS ORDINANCE WAS
PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE
TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS
CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING
DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE
ACSC’S LEGAL COUNSEL.
WHEREAS, the City of Anna, 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 is a member of the Atmos Cities Steering Committee
(“ACSC”), a coalition of similarly-situated cities served by Atmos Mid-Tex (“ACSC Cities”)
that have joined together to facilitate the review of, and response to, natural gas issues
affecting rates charged in the Atmos Mid-Tex service area; and
WHEREAS, ACSC and the Company worked collaboratively to develop a new
Rate Review Mechanism (“RRM”) tariff that allows for an expedited rate review process
by ACSC Cities as a substitute to the Gas Reliability Infrastructure Program (“GRIP”)
ORDINANCE NO. __________ - Page 2 of 5
process instituted by the Legislature, and that will establish rates for the ACSC Cities
based on the system-wide cost of serving the Atmos Mid-Tex Division; and
WHEREAS, the RRM tariff was adopted by the City in a rate ordinance earlier this
year; and
WHEREAS, on about April 1, 2018, Atmos Mid-Tex filed its 2018 RRM rate request
with ACSC Cities based on a test year ending December 31, 2017; and
WHEREAS, ACSC coordinated its review of the Atmos Mid-Tex 2018 RRM filing
through its Executive Committee, assisted by ACSC’s attorneys and consultants, to
resolve issues identified in the Company’s RRM filing; and
WHEREAS, the Executive Committee, as well as ACSC’s counsel and
consultants, recommend that ACSC Cities approve an increase in base rates for Atmos
Mid-Tex of $24.9 million on a system-wide basis ($17.8 million of which is applicable to
ACSC members); and
WHEREAS, the attached tariffs (Exhibit A) implementing new rates are consistent
with the recommendation of the ACSC Executive Committee, are agreed to by the
Company, and are just, reasonable, and in the public interest; and
WHEREAS, the Exhibit A rate tariffs incorporate the federal income tax rates that
became effective January 1, 2018; and
WHEREAS, the settlement agreement sets a new benchmark for pensions and
retiree medical benefits (Exhibit B) and
WHEREAS, the settlement agreement establishes an amortization schedule for
regulatory liability (Exhibit C); and
ORDINANCE NO. __________ - Page 3 of 5
WHEREAS, the RRM Tariff contemplates reimbursement of ACSC’s reasonable
expenses associated with RRM applications;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ANNA, TEXAS:
Section 1. That the findings set forth in this Ordinance are hereby in all things
approved.
Section 2. That the City Council finds that the settled amount of an increase in
revenues of $24.9 million on a system-wide basis represents a comprehensive settlement
of gas utility rate issues affecting the rates, operations, and services offered by Atmos
Mid-Tex within the municipal limits arising from Atmos Mid-Tex’s 2018 RRM filing, is in
the public interest, and is consistent with the City’s authority under Section 103.001 of the
Texas Utilities Code.
Section 3. That the existing rates for natural gas service provided by Atmos Mid-
Tex are unreasonable. The new tariffs attached hereto and incorporated herein as Exhibit
A, are just and reasonable, and are designed to allow Atmos Mid-Tex to recover annually
an additional $24.9 million in revenue on a system-wide basis over the amount allowed
under currently approved rates. Such tariffs are hereby adopted.
Section 4. That the ratemaking treatment for pensions and retiree medical
benefits in Atmos Mid-Tex’s next RRM filing shall be as set forth on Exhibit B, attached
hereto and incorporated herein.
Section 5. That amortization of regulatory liability shall be consistent with the
schedule found in attached Exhibit C attached hereto and incorporated herein.
ORDINANCE NO. __________ - Page 4 of 5
Section 6. That Atmos Mid-Tex shall reimburse the reasonable ratemaking
expenses of the ACSC in processing the Company’s 2018 RRM filing.
Section 7. That to the extent any resolution or ordinance previously adopted by
the Council is inconsistent with this Ordinance, it is hereby repealed.
Section 8. 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 9. 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 Resolution, and the remaining provisions of the
Ordinance shall be interpreted as if the offending section or clause never existed.
Section 10. That consistent with the City Ordinance that established the RRM
process, this Ordinance shall become effective from and after its passage with rates
authorized by attached tariffs to be effective for bills rendered on or after October 1, 2018.
Section 11. That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care
of Chris Felan, Vice President of Rates and Regulatory Affairs Mid-Tex Division, Atmos
Energy Corporation, 5420 LJB Freeway, Suite 1862, Dallas, Texas 75240, and to
Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C.,
816 Congress Avenue, Suite 1900, Austin, Texas 78701.
ORDINANCE NO. __________ - Page 5 of 5
PASSED AND APPROVED this day of , 2018.
Mayor Nate Pike
ATTEST: APPROVED AS TO FORM:
Carrie Smith, City Secretary Clark McCoy, City Attorney
Item No. 5.c.
City Council Agenda
Staff Report
Meeting Date: 9/11/2018
AGENDA ITEM:
Approve a Resolution authorizing the City Manager to enter into an Inter-Local Agreement with
Collin County for Dispatch Services (Chief Caponera).
SUMMARY:
Each year Collin County reviews the dispatch service fees that are applicable to each of the
partnering agencies. This Resolution authorizes the City Manager to maintain our relationship with
Collin County as our dispatch service provider. The Inter-Local Agreement is good for a period of
one year commencing on October 1, 2018 and ending September 30, 2019.
STAFF RECOMMENDATION:
Staff recommends approval.
ATTACHMENTS:
Description Upload Date Type
Resolution 9/4/2018 Staff Report
ILA 9/4/2018 Staff Report
ILA Attachment A 9/4/2018 Staff Report
CITY OF ANNA, TEXAS
RESOLUTION NO. ___________
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN INTERLOCAL
DISPATCH SERVICES AGREEMENT WITH COLLIN COUNTY, TEXAS
WHEREAS, the City Council of the City of Anna Texas (the "City Council") finds that
renewal of the agreement for Dispatch Services with Collin County is vital to support the
City of Anna Police department's mission to preserve and protect the public health and
safety of the City's residents;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ANNA, TEXAS, THAT:
Whereas, Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 1. Approval of lnterlocal Dispatch Services Agreement
The City Council hereby approves the lnterlocal Dispatch Services Agreement attached
hereto as EXHIBIT 1, and authorizes, ratifies and approves the City Manager's
execution of same. The City Manager is hereby authorized to execute all documents and
to take all other actions necessary to finalize, act under, and enforce the Agreement that
shall remain in force until October 1, 2019.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this
11th day of September, 2018.
ATTEST: APPROVED:
__________________________ _____________________________
Carrie Smith, City Secretary Nate Pike, Mayor
1
INTERLOCAL DISPATCH SERVICES AGREEMENT
This agreement is entered into on the day of ____________________,
2018, by and between the City of Anna (the “City”) and Collin County, a political
subdivision of the State of Texas (the “County”).
RECITALS
1. The County, through the Sheriff’s Office, owns and operates communication
facilities used in dispatching its law enforcement and emergency service personnel.
2. The City desires to obtain certain dispatch services from the County. Therefore,
under the authority of Texas Government Code, Title 7, Interlocal Cooperation Act,
Section 791 et seq., the parties agree as follows:
SECTION 1. DEFINITIONS
DISPATCH SERVICES. The term “Dispatch Services” means all services
necessary for the Collin County Sheriff’s Office to receive calls for law enforcement
service within the City’s jurisdiction and to dispatch the City’s law enforcement
personnel in response to such calls.
HOSTING SERVICES. The term “Hosting Services” means the County will
store the City’s data as it relates to dispatch services.
SECTION 2. TERM
2.01 TERM. The term of this agreement shall commence on October 1, 2018,
and shall continue in full force and effect through September 30, 2019.
2.02 TERMINATION. Either party may terminate this agreement by giving
ninety (90) days written notice to the other party.
SECTION 3. SERVICES
3.01 The County agrees to provide dispatch services through the Sheriff’s
Office to the City in the same manner and under the same work schedule as such services
2
are provided in the operation of the County’s law enforcement personnel.
3.02 Hosting Services. The County agrees to provide Hosting Services to the
City and that it will provide 95% uptime availability of the service as covered herein.
3.03 Scheduled Maintenance: The City hereby acknowledges that the County
may, from time to time, perform maintenance service on the County network, with or
without notice to the City, which may result in the unavailability of the County network.
Emergency maintenance and maintenance for which the County has not given the City
notice in accordance with this Agreement shall not be deemed scheduled maintenance for
purposes of this Agreement. The County will make every effort to notify the City prior to
scheduled maintenance. Notice may be given in various forms including but not limited
to email notice and/or phone call.
3.04 Hosted Data Ownership. The City shall have sole ownership of the
City’s hosted data and the County shall make no claim to ownership of City’s hosted
data.
3.05 Hosted Data Back Up. The County will back up the City’s hosted data
on a daily basis. All data backups will meet Criminal Justice Information Systems (CJIS)
requirements. Every effort is made to ensure the reliability of the backed up data in the
event that it would be necessary to restore a database. The County, however, makes no
guaranties that the backed up database will be error free. Upon request, the County will
provide to the City a current database backup that can be restored to an alternate location
to verify the contents and confirm the quality of the backup. All services required to
provide the City’s data and/or verify data will be provided in accordance with the
County’s current rates.
3
3.06 Remote Access Agreement. For each user the City is required to
complete and return Attachment (A), Connection Policy and Agreement Form for
remote access and return to County to the address in 9.02 item (C). No access will be
given to user unless County has received a Remote Access Agreement.
SECTION 4. NONEXCLUSIVITY OF SERVICE PROVISION
The parties agree that the County may contract to perform services similar or
identical to those specified in this agreement for such additional governmental or public
entities as the County, in its sole discretion, sees fit.
SECTION 5. COMPENSATION
5.01 The dispatch service charges for FY2019 in the amount of $90,117.00
shall be paid by the City in quarterly installments of $22,529.25 during the term hereof.
The fees will be based on the fee schedule formulas adopted by Commissioners’ Court on
August 6, 2018 (Court Order No. 2018-628-08-06). In addition to the fee schedule, each
radio registered on the system will be assessed an annual connection fee by Plano, Allen,
Wylie, Murphy (PAWM) operators for access to their system. In FY2019, the fee will be
$108 per radio and may be updated annually by PAWM.
5.02 PAYMENT UPON EARLY TERMINATION. If this agreement is
terminated prior to the conclusion of a three-month period for which a payment has been
made pursuant to Section 5.01 of this agreement, the entire amount paid shall belong to
the County without prorating, as liquidated damages to cover the County’s anticipated
costs for staffing and equipment to provide services hereunder.
5.03 SOURCE OF PAYMENT. The City agrees that payments that it is
required to make under this agreement shall be made out of the City’s current revenues.
SECTION 6. CIVIL LIABILITY
4
6.01 Any civil liability relating to the furnishing of services under this
agreement shall be the responsibility of the City. The parties agree that the County shall
be acting as agent for the City in performing the services contemplated by this agreement.
6.02 The City shall hold the County free and harmless from any obligation,
costs, claims, judgments, attorney’s fees, attachments, and other such liabilities arising
from or growing out of the services rendered to the City pursuant to the terms of this
agreement or in any way connected with the rendering of said services, except when the
same shall arise because of the willful misconduct or culpable negligence of the County,
and the County is adjudged to be guilty of willful misconduct or culpable negligence by a
court of competent jurisdiction.
SECTION 7. AMENDMENT
This agreement shall not be amended or modified other than in a written
agreement signed by the parties.
SECTION 8. CONTROLLING LAW
This agreement shall be deemed to be made under, governed by, and construed in
accordance with the laws of the State of Texas.
SECTION 9. NOTICES
9.01 FORM OF NOTICE. Unless otherwise specified, all communications
provided for in this agreement shall be in writing and shall be deemed delivered, whether
actually received or not, forty-eight (48) hours after deposit in the United States mail,
first class, registered or certified, return receipt requested, with proper postage prepaid or
immediately when delivered in person.
9.02 ADDRESSES. All communications provided for in this agreement shall
be addressed as follows:
5
(A)Collin County, to:
Purchasing Department
2300 Bloomdale #3160
McKinney, Texas 75071
(B)If to the City, to:
(C)Collin County, Remote Access to:
Information Technology Department
2300 Bloomdale #3198
McKinney, Texas 75071
Or to such person at such address as may from time to time be specified in a notice
given as provided in this Section 9. In addition, notice of termination of this agreement
by the City shall be provided by the City to the County Judge of Collin County as
follows:
The Honorable Keith Self
Collin County Judge
Collin County Administration Building
2300 Bloomdale Rd. Suite 4192
McKinney, Texas 75071
SECTION 10. CAPTIONS
The headings to the various sections of this agreement have been inserted for the
convenient reference only and shall not modify, define, limit or expand the express
provision of this agreement.
SECTION 11. COUNTERPARTS
This agreement may be executed in counterparts, each of which, when taken
separately, shall be deemed an original.
6
SECTION 12. OBLIGATIONS OF CONDITION
All obligations of each party under this agreement are conditions to further
performance of the other party’s continued performance of its obligation under the
agreement.
SECTION 13. EXCLUSIVE RIGHT TO ENFORCE THIS AGREEMENT
The County and the City have the exclusive right to bring suit to enforce this
Agreement, and no party may bring suit, as a third-party beneficiary or otherwise, to
enforce this agreement.
SECTION 14. PRIOR AGREEMENTS SUPERSEDED
This agreement constitutes the sole and only agreement of the parties hereto and
supersedes any prior understanding or written oral agreements between the parties
respecting the services to be provided under this agreement.
7
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS
AGREEMENT AS OF THE DAY AND YEAR FIRST ABOVE WRITTEN.
“COUNTY”
COLLIN COUNTY, TEXAS
BY: ________________________________
TITLE: _____________________________
DATE: _____________________________
“CITY”
BY: _______________________________
TITLE: ____________________________
DATE: ____________________________
Attachment “A”
Law Enforcement Officers Remote Connectivity Policy and Agreement Form
Remote Access Agreement
1.0 Purpose
The purpose of this document is to provide the framework for granting REMOTE ACCESS to Collin
County services/equipment through REMOTE ACCESS so that an Authorized Party of a law enforcement
agency (Agency) may access its data hosted on Collin County’s network.
2.0 Scope
This policy applies to all Law Enforcement Officers utilizing REMOTE ACCESS to access the Collin County
network (such persons referred to herein as “Authorized Parties”). This policy applies to all Collin County
REMOTE ACCESS implementations.
3.0 Policy
Authorized parties may utilize the benefits of REMOTE ACCESS, which are a "user managed" service. This
means that the Authorized party is responsible for selecting an Internet Service Provider (ISP), coordinating
installation, installing any required software, and paying associated fees as may be required to access the
REMOTE ACCESS.
Additionally,
1.It is the responsibility of the Authorized Party to ensure that unauthorized users are not allowed access to Collin
County internal networks. User accounts and passwords are NOT to be shared with anyone.
2. Authorized Parties and the Collin County employees sponsoring the request for REMOTE ACCESS are
responsible for defining what services/equipment/software the Authorized Parties need access to. Access will
be restricted to only those defined objects. Attempting to connect or access any service/device not defined will
be considered a violation of the Collin County REMOTE ACCESS policy and will be reported to the Authorized
Party’s agency
3.The Authorized Parties and the Collin County employees sponsoring the REMOTE ACCESS request are also
responsible for defining the time scope that the REMOTE ACCESS account will be active. All accounts are
setup with an expiration date not to exceed 6 months, unless otherwise authorized to be a longer timeframe or
permanent by the County.
4.REMOTE ACCESS use is to be controlled using either a one-time password authentication such as a token
device or a public/private key system with a strong pass phrase.
5.When actively connected to the county network, the REMOTE ACCESS will force all traffic to and from the
remote PC over the REMOTE ACCESS tunnel; all other traffic will be dropped.
6. Dual (split) tunneling is NOT permitted; only one network connection is allowed.
7.REMOTE ACCESS gateways will be established and managed by Collin County Information Technology
Department.
8.All computers connected to Collin County internal networks via REMOTE ACCESS or any other technology
must use the most up-to-date anti-virus software from a reputable IT agency; this includes personal computers.
9.All Authorized Parties connecting to the Collin County internal networks via REMOTE ACCESS or any other
technology must keep their systems up to date with the latest security patches for their operating system and
applications installed on their connecting systems. All systems using REMOTE ACCESS connections to Collin
County must comply with Microsoft’s Product Lifecycle chart and use only currently supporting and fully
patched operating systems.
10.Authorized Parties may be automatically disconnected from Collin County’s network after sixty minutes of
inactivity. The user must then logon again to reconnect to the network.
11.Authorized Parties that are not Collin County owned equipment must comply with the Collin County acceptable
use policy when accessing the Internet while connected through the REMOTE ACCESS.
12. Only approved REMOTE ACCESS clients may be used.
13.Upon termination of a contract from Collin County, or at the request of the Collin County staff, the Authorized
Party must uninstall the REMOTE ACCESS connection from the Authorized Party’s computer.
14.Agency expressly agrees to notify the County of staffing changes involving an Authorized Party with access to
the County’s network within 24 hours or next business day.
15.After six months of expired inactivity, Active Directory and REMOTE ACCESS accounts of an Authorized
Party will be permanently deleted, unless otherwise approved by the County.
16. Accounts will be locked out after a certain number of failed attempts.
17.Authorized Parties who have lost their password will have to contact their sponsoring agency to request a
password reset. The sponsoring agency will then contact Collin County IT to reset the password for the
REMOTE ACCESS user. The sponsoring agency is the Sheriff’s Office.
18.It is the responsibility of the Authorized Party to install, configure, setup and support any issues with their
systems to connect to Collin County based on the information provided to them.
19.Authorized Parties connect at their own risk and Collin County is not responsible for any damages that they
may incur from connecting through the REMOTE ACCESS to Collin County
20.Prior to acquiring REMOTE ACCESS all Authorized Parties will be required to pass a background check unless
otherwise approved by the County.
21.If the County migrates to a new network connection technology it is the responsibility of the Agency to budget
and obtain any required technology upgrade in order to maintain their network connection to the County. The
Agency will be provided advance notification for this change.
22.The Authorized Party must notify Collin County IT immediately upon learning of any compromise occurring
through an anti-virus, malware, or other form of unauthorized access. Collin County will also inform the
Authorized Parties of any breach or suspected breach occurring on the county network. REMOTE ACCESS
may be restricted during such an event while corrective actions are undertaken.
4.0 Granting Access
To obtain access via REMOTE ACCESS, the Agency and Authorized Party must be sponsored by a party
currently employed at Collin County and IT must agree this access is needed for the Collin County information
systems. The Agency and Authorized Party must sign this form agreeing to protect the security of the Collin
County network. For external Authorized Parties, the Request for REMOTE ACCESS must be signed and
approved by the Manager who is responsible for the external Authorized Party’s use. REMOTE ACCESS
expiration will be based on the contract length unless further time is requested by Collin County Management.
The initial setup and testing will be performed during normal operating hours, Monday – Friday, 8 am – 5 pm,
and requires a minimal of two weeks’ notice to schedule.
5.0 Enforcement
Collin County Information Technology Department may actively monitor the REMOTE ACCESS concentrator
for any suspicious and inappropriate activity. Any Authorized Party found to have violated any part of this policy
may have their REMOTE ACCESS terminated immediately.
6.0 Liability
Agency expressly agrees that they shall be liable for any and all damages, including but not limited to actual,
consequential, or incidental damages, for disruptions caused by their negligence or intentional misconduct,
including that caused by their Authorized Parties, to the County’s services/equipment resulting from or related to
Agency’s connection to the County’s networks.
Unauthorized access or use is prohibited and will be prosecuted to the fullest extent. Anyone using this system
expressly consents to monitoring and is advised that if such monitoring reveals possible evidence of criminal
activity system personnel may provide the evidence of such monitoring to law enforcement officials. Anyone using
the system connects at their own risk and assumes all responsibilities for any possible damage to their own
equipment.
7.0 Definitions
Term Definition
REMOTE
ACCESS An extension of Collin County’s internal private network.
REMOTE
ACCESS
Concentrator
Physical device that manages REMOTE ACCESS connections.
REMOTE
ACCESS Client
Remote computer with REMOTE ACCESS software utilizing REMOTE
ACCESS services.
Agency
Management
Person in Agency company that can take responsibility for the liability clause
of this document.
Dual (split)
tunneling
When utilizing REMOTE ACCESS, a connection (tunnel) is created to Collin
County’s network
utilizing the Internet. Dual split tunneling allows for this connection as well as
a secondary connection to another source. This technology is NOT supported
when utilizing Collin County’s REMOTE ACCESS.
User Employee, Agency, contractor, consultant, temporaries, customers,
government agencies, etc.
Sponsoring Party Collin County employee requesting access for a non-employee user to have
access to Collin County services/equipment through the REMOTE ACCESS.
The employee may be someone in IT.
Agency Management’s Signature (if applicable)
Printed Name: ________________________ Signature: _____________________________________
E-Mail Address: _____________________________ Phone: ________________ Date: ____________
Remote Access Users Signature
Printed Name: ________________________ Signature: _____________________________________
E-Mail Address: _____________________________ Phone: ________________ Date: ____________
Sponsoring Party’s Signature
Printed Name: ________________________ Signature: _____________________________________
E-Mail Address: _____________________________ Phone: ________________ Date: ____________
Return form to:
Caren Skipworth
2300 Bloomdale #3198
McKinney, Texas 75071
Item No. 6.
City Council Agenda
Staff Report
Meeting Date: 9/11/2018
AGENDA ITEM:
A.) Hold a second public hearing on a voluntary annexation of a 9.752-acre tract of land located in
the Joseph Schluter Survey, Abstract 856. (Maurice Schwanke)
B.) Consider/Discuss/Action regarding Annexation. (Maurice Schwanke)
SUMMARY:
The proposed annexation contains approximately 9.752 acres of land within the Joseph Schluter,
Abstract No. 856. A first public hearing was held at the City Council meeting August 14th. The
area involves the third phase of Lakeview Estates located east of Ferguson Parkway and south of
Rattan Elementary. The tract is owned by P&R Anna Realty, LLC. P&R Anna Realty has
petitioned the City requesting the voluntary annexation.
Prior to the adoption of the annexation ordinance the City will enter into an agreement on services
to the area.
STAFF RECOMMENDATION:
Approve an Annexation Ordinance for the property.
ATTACHMENTS:
Description Upload Date Type
Location Map 9/6/2018 Exhibit
Annexation Ordinance 9/6/2018 Ordinance
Exhibit A Legal Description 9/6/2018 Exhibit
Exhibit B - Annexation Service Plan Agreement 9/6/2018 Exhibit
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CITY OF ANNA, TEXAS ORDINANCE NO. __________ PAGE 1 OF 4
CITY OF ANNA, TEXAS
ORDINANCE NO. _______
AN ORDINANCE ANNEXING INTO THE CITY OF ANNA, TEXAS THE
HEREINAFTER DESCRIBED TERRITORY ADJACENT TO AND ADJOINING THE
CITY OF ANNA, TEXAS, TO WIT: BEING A CERTAIN AREA OF LAND SITUATED IN
THE JOSEPH SCHLUTER LAND SURVEY, ABSTRACT NUMBER 856, COUNTY OF
COLLIN, STATE OF TEXAS; AMENDING THE OFFICIAL CITY MAP; PROVIDING
FOR A SERVICE PLAN AND AGREEMENT; REQUIRING THE FILING OF THIS
ORDINANCE WITH THE COLLIN COUNTY CLERK; PROVIDING A CUMULATIVE
REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, certain property owners have petitioned the City of Anna to have their
property annexed to the City of Anna; and
WHEREAS, the City of Anna, Texas (“City”) is a home-rule municipality located in Collin
County, Texas, created in accordance with the provisions of the Texas Local
Government Code and operating pursuant to the enabling legislation of the State of
Texas and the City’s Home-Rule Charter; and98
WHEREAS, the City desires to annex into its corporate limits the hereinafter described
territory adjacent to and adjoining the City (hereinafter, referenced as the “Territory”), to
wit: being a certain area of land situated in the Joseph Schluter Survey, Abstract
Number 856 , County of Collin, State of Texas and more particularly described in the
attached Exhibit A, which is incorporated herein for all purposes; and
WHEREAS, all statutory notice requirements relating to the annexation of the Territory
pursuant to Chapter 43 of the Texas Local Government Code have been satisfied; and
WHEREAS, two public hearings were conducted in accordance with Section 43.052 of
the Texas Local Government Code to consider the annexation of the Territory; and
WHEREAS, said public hearings were conducted and held no more than forty (40) days
nor less than twenty (20) days prior to the institution of annexation proceedings; and
WHEREAS, the City Council of the City of Anna, Texas (“City Council”) has determined
that it would be advantageous and beneficial to the City, its citizens, and the inhabitants
of the Territory, to annex the Territory to the City; and
WHEREAS, the City Council has determined that the Territory is adjacent to and
adjoins the City; and
CITY OF ANNA, TEXAS ORDINANCE NO. __________ PAGE 2 OF 4
WHEREAS, the City Council has investigated, determined and officially finds that no
part of the Territory is within the extraterritorial jurisdiction of any other incorporated city
or town; and
WHEREAS, to the extent that this ordinance would cause an unincorporated area to be
entirely surrounded by the City’s corporate limits, the City Council has found—and
incorporates herein its finding—that surrounding the area is in the public interest; and
WHEREAS, a service plan and agreement providing for the extension of municipal
services into the Territory, which was prepared prior to and made available at the
aforementioned public hearings, is attached hereto as Exhibit B and incorporated herein
for all purposes; and
WHEREAS, all procedures and proceedings related to this ordinance and to the
annexation of the Territory have been undertaken and acted upon in accordance with
the Texas Open Meetings Act, as applicable; and
WHEREAS, after hearing the arguments for and any arguments against the annexation
of the Territory, the City Council finds that the Territory should be annexed;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
Section 1. Incorporation of Recitals. The above-stated recitals are incorporated into
this ordinance as if set forth in full here for all purposes.
Section 2. Territory Annexed.
(a)The Territory, described in Exhibit A attached hereto, which is hereby made an
integral part of this ordinance, lying adjacent to and adjoining the present corporate
boundaries of the City, is hereby added and annexed into the City, and the Territory
shall hereafter be included within the corporate boundary limits of the City, and the
present boundary limits of the City are altered and amended so as to include the
Territory within the corporate limits of the City.
(b)From and after the passage of this ordinance, the Territory shall be a part of the
City, and, subject to the municipal service plan referenced in Section 4 of this
ordinance, the inhabitants thereof shall be entitled to all of the rights, privileges and
immunities as all other similarly situated citizens of the City, and shall be bound by all of
the ordinances and regulations enacted pursuant to and in conformity with the general
laws of the State of Texas.
Section 3. Official City Map Amended.
(a)The official map and boundaries of the City’s corporate limits are hereby amended
so as to include the Territory.
CITY OF ANNA, TEXAS ORDINANCE NO. __________ PAGE 3 OF 4
(b)The City Manager is hereby directed and authorized to perform or cause to be
performed all acts necessary to update the official map of the City to add the Territory
hereby annexed as required by law, but any delay in or failure to update such map shall
in no way impact or affect the validity of this ordinance or this annexation.
Section 4. Municipal Service Plan. The municipal service plan for the Territory,
attached hereto as Exhibit B, was submitted in accordance with Chapter 43 of the
Texas Local Government Code and is hereby approved as part of this ordinance.
Section 5. Filing of Ordinance. The City Secretary is hereby directed to file or cause
to be filed a certified copy of this ordinance in the office of the County Clerk of Collin
County, Texas, and any other necessary agencies, including the United States
Department of Justice.
Section 6. Cumulative Repealer. This ordinance shall be cumulative of all other
ordinances and shall not repeal any of the provisions of such ordinances except for
those instances where there are direct conflicts with the provisions of this ordinance.
Ordinances, or parts thereof, in force at the time this ordinance shall take effect and that
are inconsistent with this ordinance are hereby repealed to the extent that they are
inconsistent with this ordinance.
Section 7. Severability. If any section, article, paragraph, sentence, clause, phrase or
word in this Ordinance, or application thereof to any person or circumstance, is held
invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not
affect the validity of the remaining portions of the Ordinance, and the City Council
hereby declares it would have passed such remaining portions of the Ordinance despite
such invalidity, which remaining portions shall remain in full force and effect.
Section 8. Engrossment and Enrollment. The City Secretary of the City of Anna is
hereby directed to engross and enroll this ordinance by copying the Caption in the
minutes of the City Council of the City of Anna and by filing this ordinance in the
ordinance records of the City.
Section 9. Effective Date. This ordinance shall be in full force and effect from and after
its date of passage.
PASSED by the City Council of the City of Anna, Texas, this 11th day of September
2018, by the following vote of the members of the City Council as present:
AYES
NAYS
ABSTAIN
CITY OF ANNA, TEXAS ORDINANCE NO. __________ PAGE 4 OF 4
ATTEST: APPROVED:
City Secretary, Carrie L. Smith Mayor, Nate Pike
LEGAL DESCRIPTION
BEING a 9.752 acre tract of land situated in Collin County, Texas, being a part of the Joseph
Schluter Survey, Abstract No. 856 and being all of the 9.74 acre tract of land conveyed to P&R
Anna Realty, LLC by deed of record in Instrument No. 20170120000085920 of the Official Public
Records of Collin County, Texas, said 9,752 acre tract being more particularly described as
follows:
BEGINNING at a 1/2 inch iron rod found in the east right-of-way line of South Ferguson Parkway
(a 120' right-of-way) at the southwest corner of said 9.736 acre tract, said point also being the
northwest corner of Lot 8, Block B, Lakeview Estates Phase 1, an addition to the City of Anna
according to the plat recorded in Volume 2016, Page 440, Plat Records of Collin County, Texas;
THENCE North 01 degree 39 minutes 56 seconds West with the said east right-of-way line, a
distance of 275.82 feet to a 1/2 inch iron rod found at the southwest corner of a 7,076 acre tract
of land conveyed to Anna Realty, LLC by deed of record in Instrument No. 20160801000991780
of said Official Public Records, said point being the northwest corner of herein described tract;
THENCE South 87 degrees 46 minutes 30 seconds East departing the said east right-of-way line
and with the south line of said 7.076 acre tract of land, at a distance of 1,478.46 feet passing a
1/2 inch iron rod found, continuing with the said south line a total distance of 1,578.85 feet to a
point in the west line of a 12.988 acre tract of land conveyed to William R. & Andrea M. Henry by
deed of record in Instrument No. 20100528000541220 of said Official Public Records and the
approximate centerline of a creek, said point being the northeast corner of herein described tract;
THENCE with the said west line of the 12.988 acre tract and said centerline of creek, the following
courses and distances:
South 13 degrees 16 minutes 50 seconds West, a distance of 19.22 feet;
South 17 degrees 48 minutes 30 seconds West, a distance of 110.00 feet;
South 12 degrees 12 minutes 17 seconds East, a distance of 151.25 feet to a point at the
northeast corner of a 9.633 acre tract of an conveyed to the City of Anna by deed of
record in Instrument No. 20160627000809900 of said Official Public Records for the
southeast corner of herein described tract;
THENCE North 87 degrees 55 minutes 02 seconds West with the north line of said 9.633 acre
tract of land, at a distance of 144.90 feet passing the northwest corner of said 9.633 acre tract
and continuing with the north line of a 50.6597 acre tract of land conveyed to Bloomfield Homes
LP by deed of record in Instrument No. 20121002001246520 of said Official Public Records, at a
distance of 1,124.89 feet passing the northeast corner of Lot 4, Block C of said Lakeview Estates
Phase 1 Addition, continuing with the north line of said Lakeview Estates Phase 1 Addition, a total
distance of 1,564,60 feet to the POINT -OF -BEGINNING, containing 424,784 square feet or
9.752 acres of land.
Roman roysman Date
Registered Professional Land Surveyor No. 5864 M "•••Ii
Y ROMAN L. GROYSP
Westwood Professional Services, Inc. 5864
2740 Dallas Parkway, Suite 280, Plano, TX 75093 �v61� o?y
(214) 473-4640 N� S u Rim/
Page 1 of 5
EXHIBIT B
ANNEXATION SERVICE PLAN AND ANNEXATION
AGREEMENT
POLICE PROTECTION
On the effective date of annexation, the City of Anna, Texas and its Police Department
will provide police protection to the newly annexed area at the same or similar level of
service now being provided to other areas of the City of Anna, Texas with similar
topography, land use, and population density within the newly annexed area.
FIRE PROTECTION
On the effective date of annexation, the City of Anna, Texas and its Fire Department will
provide fire protection to the newly annexed area at the same or similar level of service
now being provided to other areas of the City of Anna, Texas with similar topography,
land use, and population density within the newly annexed area.
EMERGENCY MEDICAL SERVICES
On the effective date of annexation, the City of Anna, Texas, through its contract with
Collin County or another service provider, will provide emergency medical services to
the newly annexed area at the same or similar level of service now being provided to
other areas of the City of Anna, Texas with similar topography, land use, and population
density within the newly annexed area.
SOLID WASTE COLLECTION
On the effective date of annexation, the City of Anna, Texas, through its contract with
Bradshaw and Son or another service provider, will provide solid waste collection to
residents and businesses in the newly annexed area (to the extent that the service
provider has access to the area to be serviced) at the same or similar level of service
now being provided to other areas of the City of Anna, Texas with similar topography,
land use, and population density within the newly annexed area. Such service will be
provided in accordance with existing City policies and Ordinances, and only upon
payment of any required deposits and the agreement to pay lawful service fees and
charges for solid waste collection.
Residents and businesses of the newly annexed area that have existing contracts with
solid waste service providers have two years from the date of annexation or until the
Page 2 of 5
termination date of the existing contract, whichever is sooner, to begin solid waste
collection service through the City. Solid waste collection is mandatory for City of Anna
residents and businesses operating within the city limits.
WATER AND WASTEWATER FACILITIES
On the effective date of annexation, any and all water or waste water facilities owned by
the City of Anna, Texas at the time of annexation shall be maintained and operated by
the City of Anna, Texas. Of such facilities, the City will maintain the main water
transmission and wastewater collection lines. All water and wastewater service lines
(up to and including the service line connection with the City’s main line, shall be
maintained by the property owner served by the service connection.
Residents and owners of property in newly annexed areas that are located within the
City’s water or wastewater CCN will be offered water and wastewater service in
accordance with City policies and ordinances in existence at the time of annexation or
as may be amended from time-to-time by the City Council. Generally, these ordinances
state that the land owner or customer must bear the cost of construction of water and
wastewater system facilities to a point where suitable connection to the existing system
can be made and service to the customer can be provided. All water and wastewater
facilities designed to connect to the City’s existing system must be approved by the City
and meet all City zoning, subdivision, and other development ordinances and
requirements.
ROADS AND STREETS
On the effective date of annexation, any and all existing public roads or streets in the
newly annexed area which have been dedicated to Collin County, Texas or to the City
of Anna, Texas, or which are owned by the City of Anna, Texas shall be maintained to
the same degree and extent that other roads and streets are maintained in areas of the
City with similar topography land use and population density. Specific maintenance
activities are determined by available funding and the need for maintenance as
determined by the City. The City is not obligated to maintain any portion of a private
road or street. Any and all lighting of roads and streets which may be positioned in a
public right of way, roadway or utility company easement shall be maintained by the
applicable utility company servicing that area of the City of Anna, Texas pursuant to the
rules regulations and fees of such utility.
An owner of land within the newly annexed area that desires to develop said property
will be required pursuant to the ordinances of the City of Anna, Texas to provide internal
and peripheral streets and to construct those streets in accordance with the
specifications required by the City of Anna, Texas.
Page 3 of 5
PARKS PLAYGROUNDS AND SWIMMING POOLS OR ANY
OTHER PUBLICLY OWNED FACILITY BUILDING OR SERVICE
The City Council of the City of Anna, Texas is not aware of the existence of any public
parks, public playgrounds, public swimming pools, or any other publicly owned facility,
building or service now located in the area proposed for annexation. In the event any
such parks, playgrounds, swimming pools, or any other public facilities, buildings or
services do exist and are public facilities, the City of Anna, Texas will maintain such
areas upon annexation to the same extent and degree that it maintains public parks,
public playgrounds, public swimming pools, other public facilities buildings or services
and other similar areas of the City now incorporated in the City of Anna, Texas.
To the extent that it becomes necessary because of development demands population
growth or a bona fide need, the City Council of the City of Anna, Texas will undertake to
provide any such facility which it deems necessary to adequately provide for the health
and safety of the citizens of the newly incorporated area based upon the standard
considerations of topography, land use and population density.
OTHER MUNICIPAL SERVICES
Following annexation by the City of Anna, Texas, the City will provide code
enforcement, planning, and animal control services to the newly annexed area, to the
extent such services are funded in the annual budget and provided by the City within its
full-purpose boundaries. Such services will be provided to the newly annexed area at
the same or similar level of service now being provided to other areas of the City of
Anna, Texas with similar topography, land use, and population density within the newly
annexed area.
CONSTRUCTION OF CAPITAL IMPROVEMENTS
The City Council of the City of Anna, Texas finds and determines it to be unnecessary
to acquire or construct specific capital improvements for the purposes of providing full
municipal services to the newly annexed area. The City Council finds and determines
that it has at the present time adequate facilities to provide the same type, kind and
level of service which exists in and is presently being administered to other areas
already incorporated in the City of Anna, Texas with the same or similar topography,
land use and population density.
SPECIFIC FINDINGS
The City Council of the City of Anna, Texas finds and determines that this proposed
Service Plan will not provide any fewer services and it will not provide a lower level of
service in the area proposed to be annexed than were in existence in the proposed area
at the time immediately preceding the annexation process. Furthermore the City
Council of the City of Anna, Texas finds and determines that the rural nature of the area
Page 4 of 5
is characteristically different from other more highly developed areas within the
corporate limits of the City of Anna, Texas. Consequently because of the differing
characteristics of topography, land use, and population density the service levels which
may ultimately be provided in the newly annexed area may differ somewhat from
services provided in other areas of the City of Anna, Texas. These differences are
specifically dictated because of differing characteristics of the property. The City of
Anna, Texas will undertake to perform consistent with this contract so as to provide this
newly annexed area with the same type, kind and quality of service presently enjoyed
by the citizens of the City of Anna, Texas who reside in areas of similar topography,
land use and population density.
TERM
This Service Plan/agreement shall be valid for a term of ten (10) years. Renewal
of the Service Plan/agreement shall be at the discretion of the City Council.
AMENDMENTS
This Service Plan may be amended if the City Council determines at a public
hearing that changed conditions or subsequent occurrences make this Service
Plan unworkable or obsolete. The City Council may amend the Service Plan to
conform to the changed conditions or subsequent occurrences pursuant to Texas
Local Government Code, Section 43.056.
Owner:
By:
Name:
Title:
IN WITNESS WHEROF:
STATE OF TEXAS §
§
COUNTY OF COLLIN §
This instrument was acknowledged before me on the ____ day of _______________,
2018, by ___________________________ as owner of Anna Town Center No. 8/CTS,
LTD.
Notary Public, State of Texas
[SEAL]
Page 5 of 5
City:
By:
Name:
Title:
IN WITNESS WHEROF:
STATE OF TEXAS §
§
COUNTY OF COLLIN §
This instrument was acknowledged before me on the ____ day of _______________,
2018, by ___________________________ as representative of the City of Anna.
Notary Public, State of Texas
[SEAL]
Item No. 7.
City Council Agenda
Staff Report
Meeting Date: 9/11/2018
AGENDA ITEM:
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 352-2007,
General Commercial (C-2) zoning with excluded uses. The owner(s) request to replace the
existing Planned Development to Single Family Residential, and Retail. The property is located at
the northeast corner of the intersection of S. Powell Parkway (Hwy 5) and Foster Crossing Road.
B) Consider/Discuss/Action on a request by the owner(s) of the property to replace the existing
Planned Development PD 352-2007 zoning.
SUMMARY:
On November 13th of 2007 the subject property was zoned by Ordinance 352-2007. The uses allowed are
those of the “C-2 General Commercial” zoning district with a list of prohibited uses. The tract contains
approximately 50 acres of which 10 + acre tract to the east side of the tract which was recently annexed.
The proposed zoning (Exhibit A) would allow for single family residen.al, and commercial (C-1). The way
the ordinance is structured, the requested area could be all residen.al, all commercial, or a mixture of all.
On the Comprehensive Plan, this area has been shown as commercial land since the 2010 Comprehensive
Plan was adopted. The current thoughts of the Comprehensive Planning Advisory Commi2ee is that this
area should remain as commercial. If the commission would approve this request, at a minimum the
amount of residen.al land should be limited.
One aspect of the development the staff is definitely not in favor of is the elimina.on of the masonry screen
wall between commercial and single family uses. We would recommend that if any residen.al is allowed,
what ever use appears first should build the masonry wall.
The staff has concerns that once poten.al retail land is encroached by residen.al, especially at future
significant corners even when separated by a railroad, it is gone forever. In the opinion of the staff it is too
early to give up on this intersec.on when significant other lands are available for residen.al development.
The developer has shown a compromise by poten.ally leaving some of the land for commercial as shown
in Exhibit B , however, the words of the Planned development do not back this up. The depth of
commercial in the staff’s opinion is too shallow looking at other shopping areas around the City. Most of
the depths for major anchors/junior anchors is approximately 500’ to 600’ without pad sites in front and
1,000' to 1,200' with pad sites in front. The current depth of the property is approximately 1,080’.
The Planning and Zoning Commission recommended approval by a split vote of 3 to 2.
S TAF F RE C O M M E ND AT I O N:
Deny the requested zoning change.
AT TAC HM E NT S :
Description Upload Date Type
L ocation Map 8/3/2018 Exhibit
Exhibit A P roposed Zoning Ordinance 4/26/2018 Exhibit
Exhibit B E xisting Zoning Ordinance 352-2007 2/9/2018 Exhibit
Exhibit C 4/26/2018 Exhibit
Citizen Response L etters 6/4/2018 Exhibit
LEONARD AVENUECITY LIMITS418
423
EAST FOSTER CROSSING ROAD
EAST FOSTER CROSSING ROAD
422
C.R. 1036
423
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BRITTANY
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CITY OF ANNA, TEXAS
ORDINANCE NO.
ZONING – 50.14 ACRES (ASKEW)
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ZONING
MAP OF THE CITY OF ANNA TO PROVIDE FOR REZONING OF CERTAIN
PROPERTY; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the owner of the property described in Exhibit A attached hereto has requested
a certain zoning for said property; and
WHEREAS, this Ordinance incorporates by reference and restates in their entirely the
existing Ordinance No. 352-2007 creating and amending and supersedes any and
all prior Ordinances affecting the PD to the extent they conflict with this Ordinance; and
WHEREAS, the City Council of the City of Anna has given the requisite notices and afforded a
full and fair hearing to all property owners generally and 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 zoning the
tract described in Exhibit A, attached hereto and made an integral part of this Ordinance, as
Planned Development No. 352-2007 (PD 352-2007). The Planned Development shall include the
following elements:
A. Residential Element
General Description:
The Property identified on the attached Exhibit “A” is intended to accommodate residential
development in the City of Anna. The residential uses for the land identified on the Concept
Plan shall be developed in accordance with the “SF-72 – Single Family District” regulations of
the City of Anna Zoning Ordinance as presently exist or as they may be amended.
Development Standards:
Minimum Floor Area – The minimum floor area per dwelling unit shall be one thousand six
hundred (1,600) square feet with up to 10% of the lots being one thousand four hundred
(1,400) square feet.
Lot Area – The minimum area of the lots shall be seventy thousand two hundred (7,200)
square feet.
Lot Coverage – In no case shall more than fifty five (55) percent of the total lot area be
covered by the combined area of the main buildings and accessory buildings. Swimming
pools, spas, decks, patios, driveways, walks and other paved areas shall not be included in
determining maximum lot coverage.
Lot Width – The minimum width of any lot containing seventy thousand two hundred (7,200)
square feet or more shall be a minimum of sixty (60) feet wide (except for lots at the terminus
of a cul-de-sac, may have a width of forty-five (45) feet at the front building line; provided all
other requirements of this section are fulfilled).
Lot Depth – The minimum depth of any lot shall be one hundred (100) feet, except for lots at
the terminus of a cul-de-sac, on a corner or along a curve may have a minimum lot depth,
measured at mid-points on front and rear lot lines, of ninety (90) feet; provided all other
requirements of this section are fulfilled.
Front Yard – The minimum depth of the front yard shall be twenty (20) feet. Covered drives
(no carports), garages and porte-cocheres that are architecturally designed as an integral
element of the main structure may extend up to five (5) f eet from the established front building
line into the front yard area.
Side Yard –The minimum side yard shall be five (5) feet. The side yard adjacent to a street
shall be ten (10) feet.
Rear Yard – The minimum depth of the rear yard shall be fifteen (15) feet.
B.Commercial Element
Permitted Uses in Mixed Use Part of Planned Development:
The permitted uses in the area(s) designated as Commercial on the Concept Plan (Exhibit B)
will be the same as those permitted in the “C-1 Light Commercial” zoning district.
A masonry or wood fence of not less than eight feet height shall be erected along the rear
property line of the commercial property, adjacent to the residential element of the Planned
Development. If constructed of wood, fences shall be treated with a preservative to extend the
life of and enhance the appearance of the fence. The maintenance of such perimeter fences
shall be the responsibility of the owner of the commercial property.
All other requirements of the C-1 zoning district shall pertain to the Commercial Element of the
Planned Development.
Section 2.
All provisions of the City of Anna Zoning Ordinance not in conflict with Exhibit B or this ordinance
shall pertain to the property described in Exhibit A.
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 on this the 11th day of September, 2018, by the following vote of the City Council of the
City of Anna, Texas,
AYES
NAYS
ABSTAIN
APPROVED: ATTEST:
Mayor City Secretary
Exhibit A
The following is a legal description for the 39.99 acres known as “40 PGE” combined with the
legal description for the 10.15 acres known as “CTS” to make up the grand total of 50.14 acres.
40 PGE, LTD
LEGAL DESCRIPTION
ATC NO. 8 CTS
LEGAL DESCRIPTION
SITUATED in the State of Texas and County of Collin, being part of the Grandison Stark Survey, Abstract
No. 798, and being the re-survey of a called 10.150 acre tract of land as recorded under Document No.
20141203001315490 of the Collin County Land Records with said premises being more particularly
described as follows:
BEGINNING at a ½-inch iron rod found marking the northeast corner of said 10.150 acre tract, the
northeast corner of said premises, the northwest corner of a called 7.00 acre tract as recorded under
County Clerk File No. 93-0007842 of the Collin County Land Records, and being in the south line of a
called 40.5756 acre tract as recorded in Volume 5618, Page 2878 of the Collin County Land Records;
THENCE with the east line of said 10.150 acre tract, the east line of said premises, partway with the
west line of said 7.00 acre tract, and partway with the west line of a called 2.95 acre tract as recorded
under County Clerk File No. 93-0008676 of the Collin County Land Records, South 00°57'14" West,
1,313.81 feet to a PK nail set in the approximate center of E Foster Crossing Road (County Road 421)
marking the southeast corner of said 10.150 acre tract, the southeast corner of said premises, the
southwest corner of said 2.95 acre tract, and being in a north line of a called 360.545 acre tract as
recorded under Document No. 20121228001650330 of the Collin County Land Records;
THENCE with the approximate center of E Foster Crossing Road, the south line of said 10.150 acre
tract, the south line of said premises, and the north line of said 360.545 acre tract, North 88°07'45"
West, 336.38 feet to a PK nail set marking the southwest corner of said 10.150 acre tract, the southwest
corner of said premises, and the southeast corner of a called 39.9944 acre tract as recorded in Volume
5387, Page 468 of the Collin County Land Records;
THENCE with the west line of said 10.150 acre tract, the west line of said premises, and the east line of
said 39.9944 acre tract, North 00°56'18" East, 1,115.18 feet to a Glas capped iron rod set marking the
most westerly northwest corner of said premises, the northeast corner of said 39.9944 acre tract, and
being in the south line of a called 19.211 acre tract as recorded under Document No.
20060419000521020 of the Collin County Land Records;
THENCE with a north line of said premises and the south line of said 19.211 acre tract as follows, South
88°22'16" East, 0.99 feet to a 100D nail found marking an interior ell-corner of said premises and the
southeast corner of said 19.211 acre tract;
THENCE with a west line of said premises and the east line of said 19.211 acre tract, North 00°52'44"
East, 198.21 feet to a Glas capped iron rod set marking the northwest corner of said premises, the
southwest corner of the aforementioned 40.5756 acre tract, and being in the north line of said 10.150
acre tract;
THENCE with the north line of said 10.150 acre tract, the north line of said premises, and the south line
of said 40.5756 acre tract, South 88°12'02" East, 335.95 feet to the point of beginning and containing
10.144 acres of land.
CITY OF ANNA, TEXAS
ORDINANCE NO. 352-2007
(40 PGE, Skorburg, Co., 39.99" acres]
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ZONING
MAP OF THE CITY OF ANNA TO PROVIDE FOR REZONING OF CERTAIN
PROPERTY;PROVIDING A REPEALER CLAUSE; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the owner of the property described in Exhibit A attached hereto has
requested a certain zoning for said property; and
WHEREAS, this Ordinance incorporates by reference and restates in their
entirety the existing Ordinance No. 58-2003 creating and amending and
supersedes any and all prior Ordinances affecting the PD to the extent they
conflict with this Ordinance; and
WHEREAS, the City Council of the City of Anna has given the requisite notices
and afforded a full and fair hearing to all property owners generally and 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 zoning the tract described in Exhibit A, attached hereto and made
an integral part of this Ordinance, as Planned Development (PD), with rules and
regulations for said zoning district specified in Exhibit B, attached hereto and
made an integral part of this Ordinance.
Section 2. All provisions of the City of Anna Zoning Ordinance not in conflict with
Exhibit B or this ordinance shall pertain to the property described in Exhibit A.
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.
Ord. No. 352-2007 Amend Zoning 40 PGEA.o 1 11-13-07
Section S. 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 on this the 13th day of November, 2007 by the following vote of the,
City Council of the City of Anna, Texas,
AYES 7 NAY 0 ABSTAIN 0
ATTEST: APPROVED:
Wilkison ayor, Kenneth Pelhamn
Ord. No. 352-2W7 Amend 7.oning 40 PGE.doc 2 11-13-07
LEGAL DESCRIPTION
1.742,159 Square Fav0l).9944 Aces
Being a 39.9944 acre tract of land snuation in the Grandson SWK Survey, Abstract No. 70a.
Colin County. Toms, and being Part or teat coed 174.54 acre tract of land conveyed by deed
to H S. Wysong. dared Jwc 10, 1907, recorded in Volume 144, Page 245, Deed Records.
Colin County, Texas (D.R.C. C.T.) and being mme particularly described as folryar:
BEGINNING at a W rod found for cornier In the southeast right-of-way line of the Union Pacific
Railroad (U.P.R.R.) 1a 1DD R.O.W.) and being in the center of County Road 421 and being the
southwest comer of sad 39.9044 acre tract errand;
THENCE N 18 deg D9 min. 03 sec E aong it* Southeast right -or -way the of U.P.R.R, a
distance of 1.166,40 feat to a W iron red found for comer and being the soudmest comer of a
called 19.211 acre tract of land conveyed by deed to Tommy Cunningham recorded in Volume
4602, Page 3430, D.R.C.C.T.;
THENCE S 89 deg. 59 ran 33 Sec. F., alon;; lac south:,tie al said 19,211 acre tract of tend and
also along die south line, ni a 19.211 acre loot of land conveyed by deed to Cecil B.
Cunningham, recorded I Volume 4602, Page 3435. D.R.C.C.T.. a distance of 1,37663 feet to a
X' 'xen rail found W. corner and being the southeast corner of sad Cecil B. Cunningham lone of
land being in die west tine of a called 10.1t4 acre tract of land conveyed by deed to Alen Fireilt,
recorded in County Clock's Fie No. 96-0067063, DR C.C.T
THENCE 00 dory 44 min 33 see E, Marl km west line of sad 10A54 acre tract of land a
distance of 1, 116.44 fact to a W i'Cn rail set foe carnet and being in die center or Canty Road
421. and alxo being [tin mu!lrwest conwr of said 10.154 acre tractof land:
THENCE N 89 deg. 44 min. 00 sec. lW along the center of said Country Road 421 a distance of
1,754.45 feet to the Pont of beginning and contair ng 1,742.158 square foci or 39 9944 ace of
land.
"EXHIBIT B"
40 PGE
PLANNED DEVELOPMENT DISTRICT
PLANNED DEVELOPMENT STANDARDS
1.1 Commercial: Commercial development may De aiioweo on an aw.aa acieb
(net ROW). This commercial area is established to accommodate those
uses that are of city-wide and regional significance. Within this district are
permitted retail, service, and office uses characteristic of retailing and
wholesaling markets.
1.2 Permitted Uses: The permitted uses will be the same as those permitted in
the "C-2 General Commercial' zoning district. The following uses shall be
prohibited:
Boarding or Rooming House
Travel Trailer Park
College or University
Exhibition Area
Fairgrounds
Outside Pens and/or Kennels
Stadium or Playfield, Public
Solid Waste Transfer Station
Auto Leasing and Rental
Bus Terminal
Truck and Bus Leasing
Truck or Motor Freight Terminal
Truck Sales
Truck Stop
Boat Sales and Storage
Air Conditioning and Refrigeration Contractor
Farm Equipment Sales and Service
Feed and Farm Supply
Flea Market
Heavy Machinery Sales
Massage Parlor
Nude Modeling Studio
Pawn Shop
Trailer, Manufactured Housing, or Mobile Home Display and Sales
Trailer Rentals
Farm Seed and Fertilizer Sales and Storage
Ord. No. 352-2007 Amend Zoning 40 PGE.dm l t-I3-07
Pump Sales, Repair and Maintenance
Engine and Motor Repair
Automobile Repairs/Operations (minor repair would be allowed)
Automobile sales
Electrician
Exterminating Shops
Farmer's Market
Fixture Repair Shops
Fraternal Organizations, Lodges, Civic Clubs, Philanthropic, and
Eleemosynaries
Frozen food Lockers
Interior Decorating Stores that include any of the following: upholstering
and making of draperies, slipcovers and other similar articles when
conducted as a part of the retail operations and secondary to the principal
use.
Massage Therapy Facility
Play Equipment with outside display
Rehabilitation Care Institution
Repair and Storage Garages with outdoor storage yards
Service Stations with incidental storage of rental trucks and trailers,
except that trucks and trailers for storage or rental may not be parked
within the public right-of-way
Tanning Salon
Taxidermist
Vehicle Service Centers with outside storage
Additionally, a SUP is required for warehousing facilities - Incidental to the
primary business use and located within the same building
Ord. No. 352-2007 Amend Zoning 40 PGE.dm I1-13-07
300 0 30C
GRAPHIC SCALE
EXHIBIT 'C'
70NING EXHIBIT
TRACT 40PCE
39.9944-ACRE TRACT
AN\A, TEXAS
F.M. 421STATE HIGHWAY 5 (POWELL PARKWAY)F.M. 423EXISTING RAIL LINE
70'-0"130'-0"150'-0"120'-0"80'-0"65'-0"120'-0"60'-0"100'-0"170'-0"160'-0"
285'-0"140'-0"130'-0"01SITE PLANAS NOTED02/09/18-----SKORBURG COMPANYANNA, TEXAS40 PGESCALE: ISSUE DATE:JOB NO:PRELIMINARY PLANNOT FOR CONSTRUCTIONDALLAS, TX 972.385.9651www.GSOarchitects.comCOPYRIGHT C 2017 GSO ARCHITECTS, INC.THESE DRAWINGS, OR PARTS THEREOF, MAY NOT BE REPRODUCED IN ANY FORM, BY ANYMETHOD, FOR ANY PURPOSE, WITHOUT PRIOR WRITTEN CONSENT FROM GSO ARCHITECTS, INC.SP03
PROPERTY OWNER RESPONSE FORM
❑ II favor the proposed zoning change.
V 1 oppose the proposed zoning change.
❑ I have no opinion regarding the proposed zoning change.
Address (Street/Road, City, Zip)
Please return form to:
City of Anna
Planning and Development Department
POB 776 (or 3223 N. Powell Parkway, if hand delivered)
Anna, TX 75409
Or bring form to public hearing (meeting time and place attached).
PROPERTY OWNER RESPONSE FORM
tx I favor the proposed zoning change.
❑ I oppose the proposed zoning change.
❑ 1 have no opinion regarding the proposed zoning change.
i
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='—�wujvd %�Wfi
Signature
s� f 39CDZ< bZI ) --7x
Address (Street/Road, City, Zip) -7--5-1toc3
Please return form to:
City of Anna
Planning and Development Department
POB 776 (or 3223 N. Powell Parkway, if hand delivered)
Anna, TX 75409
Or bring form to public hearing (meeting time and place attached).
Item No. 8.
City Council Agenda
Staff Report
Meeting Date: 9/11/2018
AG E ND A IT E M :
Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute a
contract with HD Cooks Rock S olid, I nc. of A rgyle, Texas for the Fourth & E aston Paving and
Drainage P roject. (J oseph J ohnson)
S UM M ARY:
Council previously granted authorization to solicit competitive sealed proposals for the 2018
Street Rehabilitation Project. T he principal project includes drainage improvements on Easton,
F ourth, Third and Second S treets and reconstruction of the Hot-mix Asphaltic Concrete (HMA C)
for E aston and F ourth S treets. T he additive alternate projects include (1) additional flex-base as
needed (2) HMA C reconstruction for Second S treet from E aston to S herley, and (3) HMA C
reconstruction for T hird S treet from Easton to the east terminus of Third Street.
On August 30, 2018 at 3:00 P M, competitive sealed proposals were publicly opened and read for
the project. T hree proposals were received. Our engineering consultant (B irkhoff, Hendricks &
Carter) has evaluated the competitive sealed proposals received, checked ref erences, and the
contractor's qualif ications and ability to perform the project. S ubsequently, the consultant has
recommended that the City accept the proposal f rom HD C ooks Rock S olid, I nc. and award them
a contract in the amount of $291,822.00.
F unding is available for the project in the 2018 Fiscal Year General F und budget using funds
assigned for street rehabilitation. T he project supports the Strategic Plan goal to Upgrade City
F acilities & I nfrastructure.
S TAF F RE C O M M E ND AT I O N:
Staff recommends approval of the R esolution authorizing the City Manager to execute a contract
with HD C ooks Rock Solid, I nc. of Argyle, Texas for the F ourth & Easton P aving and Drainage
Project.
AT TAC HM E NT S :
Description Upload Date Type
Resolution 9/6/2018 Resolution
Recommendation L etter 9/6/2018 Backup Material
Bid Summary 9/6/2018 Backup Material
Bid Tabulation 9/6/2018 Backup Material
Exhibit A - Contract 9/6/2018 Exhibit
RESOLUTION NO. _______ PAGE 1 OF 2
2018 STREET REHABILITATION BID AWARD
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 HD COOKS ROCK SOLID, INC. OF
ARGYLE, TEXAS FOR THE 2018 STREET REHABILITATION PROJECT.
WHEREAS, the 2018 Street Rehabilitation Project (the “Project”) is necessary in order to
reconstruct asphalt pavement and drainage improvements on Fourth Street and Easton
Street; 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, received and opened three competitive sealed proposals on August 30, 2018
at 3:00 P.M.; and,
WHEREAS, HD Cooks Rock Solid, Inc., of Argyle, Texas submitted a project bid as part of
their proposal having submitted a bid of $210,502.00; and,
WHEREAS, HD Cooks Rock Solid, Inc. also submitted a bid of $16,500.00 for additive
alternate 1, $32,410.00 for additive alternate 2, and $32,410.00 for additive alternate 3 ; and,
WHEREAS, the City of Anna’s consulting engineer, having reviewed said proposals and
contractor’s qualifications has recommended award of the contract to HD Cooks Rock Solid,
Inc. to include the base and additive alternate bids 1,2 and 3 for a total contract amount of
$291,822.00; and,
WHEREAS, there are funds available for the Project in the General Fund, said funds being
assigned for this purpose; and,
WHEREAS, the City Council desires to authorize the City Manager to award the Project bid
to and execute a contract with HD Cooks Rock Solid, 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.
Section 2. Authorization of Contract Award.
The City Council hereby approves the contract agreement with HD Cooks Rock Solid, Inc.
of Argyle, 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
RESOLUTION NO. _______ PAGE 2 OF 2
2018 STREET REHABILITATION BID AWARD
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 11th day
of September 2018.
ATTEST: APPROVED:
_____________________________ ____________________________
City Secretary Carrie L. Smith Mayor Nate Pike
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: 4th and Easton Street Rehabilitation and Drainage Repair
Bid Award Recommendation
Dear Mr. Johnson:
September 6, 2018
We have checked and evaluated the competitive proposals received at 3:00 p.m., Thursday, August 30, 2018, for
the 4th and Easton Street Rehabilitation and Drainage Repair project. We are enclosing the Bid Summary and
Itemized Bid Tabulation.
HD Cooks Rock Solid Inc. of Argyle, Texas submitted the low bid in the amount of $291,822.00:
Base Bid ........................
Additive Alternate No. 1
Additive Alternate No. 2
Additive Alternate No. 3
.................. $210,502.00
I ................... $16,500.00
.................... $32,410.00
.................... $34,410.00
$291,822.00
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%
j:\clerical\a a\2018-127 4th & easton street rehab & drainage repair 2018Uetters\k\bid award recommendation docx
Mr. Joseph Johnson
City of Anna
September 6, 2018
Page 2 of 2
HD Cooks Rock Solid Inc. of Argyle, Texas 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
HD Cooks Rock Solid Inc. and award them a contract for the base bid and additive alternate bids 1, 2 and 3 in the
amount of $291,822.00.
We are available to discuss our recommendation further at your convenience.
Sincerely,
Craig M. erkhoff, P.E., C.P.M.
Enclosures
TBPE Firm 526 ACEC Wellness Firm =;�. Better Decisions -Better Designs TBPLS Firm 100318-00
jAclericahanna\2018-] 27 4th & easton street rehab & drainage repair 2018Uetters\k\bid award recommendation docx
Additive Additive AdditiveBase Bid Alternate #1 Alternate #2 Alternate #3Contractor(Items 1 - 21)(Item 101)(1A-2, 11A-2)(1A-3, 11A-3)1. HD Cooks Rock Solid Inc.664 Manor DriveArgyle, Texas 76180210,502.00$ 16,500.00$ 32,410.00$ 32,410.00$ 2. Oldcastle Materials Texas, Inc. dba TexasBit420 Decker Drive #200Irving, Texas 75062274,917.67$ 35,922.00$ 42,585.16$ 42,585.16$ 3. Pavecon Public Works, LP3022 Roy Orr Blvd.Grand Prairie, Texas 75050 314,954.00$ 23,250.00$ 40,840.20$ 40,840.20$ CITY OF ANNA, TEXAS4th and Easton Street Rehabilitation & Drainage Repair 2018(Project No. 297)BID SUMMARYBids Received at 3:00 p.m., Thursday, August 30, 2018J:\CLERICAL\Anna\2018-127 4th & Easton Street Rehab & Drainage Repair 2018\Specs\Tech-Spec\11-P&BS-2.xlsx
Date:August 30, 2018Project:ItemNo.ApproximateQuantitiesUnitUnit BidPriceExtensionUnit BidPriceExtensionUnit BidPriceExtension1 2,818 S.Y.$14.00 39,452.00$ $4.65 13,103.70$ $39.25 110,606.50$ 2 230 L.F.$16.00 3,680.00$ $117.75 27,082.50$ $45.00 10,350.00$ 3 2 Ea.$125.00 250.00$ $588.75 1,177.50$ $260.00 520.00$ 4 1,352 C.Y.$20.00 27,040.00$ $38.46 51,997.92$ $34.00 45,968.00$ 5 60 L.F.$125.00 7,500.00$ $117.75 7,065.00$ $100.00 6,000.00$ 6 58 L.F.$115.00 6,670.00$ $103.62 6,009.96$ $95.00 5,510.00$ 7 28 L.F.$105.00 2,940.00$ $82.43 2,308.04$ $85.00 2,380.00$ 8 2 Ea.$2,200.00 4,400.00$ $7,065.03 14,130.06$ $1,550.00 3,100.00$ 9 2 Ea.$2,200.00 4,400.00$ $6,181.90 12,363.80$ $1,550.00 3,100.00$ 10 2 Ea.$950.00 1,900.00$ $3,532.52 7,065.04$ $1,550.00 3,100.00$ 11 505 Tons$110.00 55,550.00$ $121.26 61,236.30$ $97.50 49,237.50$ 12 660 L.F.$2.50 1,650.00$ $15.31 10,104.60$ $10.50 6,930.00$ 13 126 S.Y.$140.00 17,640.00$ $176.33 22,217.58$ $228.00 28,728.00$ 14 188 S.Y.$33.00 6,204.00$ $54.69 10,281.72$ $40.00 7,520.00$ 15 1 L.S.$2,500.00 2,500.00$ $5,887.52 5,887.52$ $1,700.00 1,700.00$ 16 6 Ea.$500.00 3,000.00$ $588.75 3,532.50$ $450.00 2,700.00$ 17 4,694 S.Y.$4.00 18,776.00$ $1.00 4,694.00$ $3.50 16,429.00$ 18 1 L.S.$3,500.00 3,500.00$ $4,121.26 4,121.26$ $2,000.00 2,000.00$ 19 1 L.S.$625.00 625.00$ $1,766.26 1,766.26$ $500.00 500.00$ 20 1 L.S.$2,200.00 2,200.00$ $7,653.78 7,653.78$ $6,050.00 6,050.00$ 21 1 L.S.$625.00 625.00$ $1,118.63 1,118.63$ $2,525.00 2,525.00$ 210,502.00$ 274,917.67$ 314,954.00$ DescriptionCITY OF ANNA, TEXAS4th and Easton Street Rehabilitation & Drainage Repair 2018(Project No. 297)BIRKHOFF, HENDRICKS & CARTER, L.L.P.PROFESSIONAL ENGINEERSDallas, TexasFurnish & Install 18-inch RCP Culvert (Class IV) with EmbedmentFurnish & Install 15-inch RCP Culvert (Class IV) with EmbedmentBASE BIDFurnish & Install 12-inch RCP Culvert (Class IV) with EmbedmentConstruct Modified TxDOT CH-PW-S Headwall (30-Degree Skew) For Double 18-inch RCP CulvertsScarify, Remix & Reshape Existing Pavement & Base MaterialRemove & Dispose of Existing CulvertRemove & Replace Existing MailboxUnclassified Roadway ExcavationConstruct Reinforced Concrete Valley Gutter, including 6-Inches Flexible BaseFurnish, Place & Mechanically Compact Crushed Stone DrivewayRemove & Replace Existing Board Bridge (Western Red Cedar)For Manhole AdjustmentsConstruct Modified TxDOT CH-PW-0 & CH-PW-S (15-Degree Skew) Headwall For Double 15-inch RCP CulvertsConstruct Sloped Headwall For 12-inch RCP Culvert (4:1 Slope)Furnish & Install 3-inch TxDOT Type "D" HMAC Surface (TxDOT Item 340) Including Prime CoatFor Edge Milling HMAC PavementFurnish, Install, Water & Establish HydromulchFurnish, Install & Maintain Erosion Control MeasuresFurnish Traffic Control PlanInstall, Maintain & Remove Traffic Control DevicesBID OFOldcastle Materials Texas, Inc. dba TexasBit420 Decker Drive #200Irving, Texas 75062BID OFHD Cooks Rock Solid Inc.664 Manor DriveArgyle, Texas 76180TABULATION OF BIDSBID OFPavecon Public Works, LP3022 Roy Orr Blvd.Grand Prairie, Texas 75050Furnish Erosion Control PlanAMOUNT OF BASE BID (Items 1 Through 21)J:\CLERICAL\Anna\2018-127 4th & Easton Street Rehab & Drainage Repair 2018\Specs\Tech-Spec\11-P&BS-2.xlsxPage 1 of 2
Date:August 30, 2018Project:ItemNo.ApproximateQuantitiesUnitUnit BidPriceExtensionUnit BidPriceExtensionUnit BidPriceExtensionDescriptionCITY OF ANNA, TEXAS4th and Easton Street Rehabilitation & Drainage Repair 2018(Project No. 297)BIRKHOFF, HENDRICKS & CARTER, L.L.P.PROFESSIONAL ENGINEERSDallas, TexasBID OFOldcastle Materials Texas, Inc. dba TexasBit420 Decker Drive #200Irving, Texas 75062BID OFHD Cooks Rock Solid Inc.664 Manor DriveArgyle, Texas 76180TABULATION OF BIDSBID OFPavecon Public Works, LP3022 Roy Orr Blvd.Grand Prairie, Texas 75050101 300 Tons$55.00 16,500.00$ $119.74 35,922.00$ $77.50 23,250.00$ 16,500.00$ 35,922.00$ 23,250.00$ 1A-2 1,550 S.Y.$3.50 5,425.00$ $4.53 7,021.50$ $10.00 15,500.00$ 11A-2 257 Tons$105.00 26,985.00$ $138.38 35,563.66$ $98.60 25,340.20$ 32,410.00$ 42,585.16$ 40,840.20$ 1A-3 1,550 S.Y.$3.50 5,425.00$ $4.53 7,021.50$ $10.00 15,500.00$ 11A-3 257 Tons$105.00 26,985.00$ $138.38 35,563.66$ $98.60 25,340.20$ 32,410.00$ 42,585.16$ 40,840.20$ 210,502.00$ 274,917.67$ 314,954.00$ 16,500.00$ 35,922.00$ 23,250.00$ 32,410.00$ 42,585.16$ 40,840.20$ 32,410.00$ 42,585.16$ 40,840.20$ Furnish & Install Flex Base Type "A", Grade 1 (TxDOT 247)AMOUNT OF ADDITIVE ALTERNATE NO. 2 (Items 1A-2 & 11A-2)AMOUNT OF BASE BID (Items 1 Through 21)AMOUNT OF ADDITIVE ALTERNATE NO. 1 (Item 101)Scarify, Remix and Reshape Existing Pavement and Base MaterialFurnish & Install 3-Inch TxDOT Type "D" SurfaceAMOUNT OF ADDITIVE ALTERNATE NO. 3 (Items 1A-3 & 11A-3)AMOUNT OF ADDITIVE ALTERNATE NO. 3 (Items 1A-3 & 11A-3)SUMMARY OF BIDFurnish & Install 3-Inch TxDOT Type "D" SurfaceAMOUNT OF ADDITIVE ALTERNATE NO. 2 (Items 1A-2 & 11A-2)ADDITIVE ALTERNATE NO. 3AMOUNT OF ADDITIVE ALTERNATE NO. 1 (Item 101)ADDITIVE ALTERNATE NO. 2Scarify, Remix and Reshape Existing Pavement and Base MaterialADDITIVE ALTERNATE NO. 1J:\CLERICAL\Anna\2018-127 4th & Easton Street Rehab & Drainage Repair 2018\Specs\Tech-Spec\11-P&BS-2.xlsxPage 2 of 2
QUALIFICATION STATEMENT OF BIDDERS
SUBMITTED TO: City of Anna
Reviewed by:
Date Received:
CONTRACTOR
HD Cooks Rock Solid. Inc.
CIRCLE ONE: ❑ Sole Proprietor ❑ Partnership ® Corporation
NAME: HD Cooks Rock Solid, Inc.
ADDRESS: 664 Manor Dr.
CITY: A yle, Texas 76226
PHONE: 817) 994-9408
PRINCIPAL PLACE OF BUSINESS:
COUNTY
❑ Joint Venture
PARTNER:
ADDRESS:
CITY:
PHONE:
PRINCIPAL PLACE OF BUSINESS:
STATE COUNTY
IF THE CONTRACTOR IS A CORPORATION, FILL OUT THE FOLLOWING:
STATE OF INCORPORATION: Texas _
LOCATION OF PRINCIPAL OFFICE _Argyle, Texas
CONTACT PERSONS AT OFFICE: Charlie Cook
PERSON EXECUTING CONTRACTS ON BEHALF OF CORPORATION:
NAME: Heather Cook ADDRESS: 664 Manor Dr.
TITLE: President Argyle, Texas 76226 _
PHONE: (817) 994-9408 CITY STATE
NAMES OF OFFICERS: (IF APPLICABLE) Heather Cook
LIST NUMBER OF EMPLOYEES WORKING FOR CONTRACTOR: 16
STATE
LIST ALL EQUIPMENT TO BE USED ON THIS PROJECT: (PLEASE USEATTACHMENT)
NUMBER OF YEARS IN BUSINESS AS A GENERAL CONTRACTOR ON PROJECTS
SIMILAR TO THIS PROJECT: 10 +
TYPE(S) OF WORK DONE: (CIRCLE)
® Asphalt Paving
® Storm Sewer
® Concrete Paving
® Earth Work
® Misc. Concrete
® Bridge Work
❑ Channel Lining
❑ Demolition
❑ Pump Stations
® Landscaping
ZIP
® Water & Sanitary Sewer Lines
❑ Steel Erection
❑ Painting
❑ Fog Seal
® Chip Seal
jAclerical\anna\2018-127 4th & easton street rehab & drainage repair 2018\specs\contract\05-qualification statement doc - 9 - Qualification Statement
Rock Solid Inc.
EQUIPMENT LIST
ASPHALT PAVER
BACK HOE
BACK HOE
BACK HOE
DOZER
DOZER
DOZER
DOZER
FRONT END LOADER
FRONT END LOADER
GATOR
OFF RD DUMP TRUCK
OFF RD DUMP TRUCK
OFF RD DUMP TRUCK
OFF RD WATER TRK
OFF RD WATER TRK
RECLAIMER
ROAD GRADER
ROAD GRADER
ROAD GRADER
ROAD MIXER
ROAD MIXER
ROLLER - ASPHALT
ROLLER - ASPHALT
ROLLER - DIRT
ROLLER - DIRT
ROLLER - DIRT
ROLLER - DIRT
ROLLER - DIRT
ROLLER - DIRT
ROLLER - DIRT
SKID STEER
SKID STEER
SKID STEER
TRACK HOE
TRACK HOE
TRACKHOE
TRAVEL TRAILER
TRAVEL TRAILER
WE ALSO RENT TRACTORS
FROM:
MAN U FACTU R
LEEBOY
CATERPILLAR
CATERPILLAR
JOHN DEERE
CATERPILLAR
CATERPILLAR
CATERPILLAR
JOHN DEERE
JOHN DEERE
JOHN DEERE
JOHN DEERE
JOHN DEERE
JOHN DEERE
TEREX
INTERNATIONAL
KENWORTH
CATERPILLAR
JOHN DEERE
JOHN DEERE
JOHN DEERE
BROS
BROS
CATERPILLAR
SAKAI
INGERSOLL-RAND
INGERSOLL-RAND
INGERSOLL-RAND
INGERSOLL-RAND
INGERSOLL-RAND
INGERSOLL-RAND
CATERPILLAR
KUBOTA
KOMATSU
SCAT TRAK
JOHN DEERE
JOHN DEERE
JOHN DEERE
DUTCHMEN
SPORTSMEN
7/1/2018
MODE.
YEAR
SERIAL #
8816
2005
8816T42591
416 C
1998
5YN06732
420E
2008
HLS06757
310J
2007
T0310JX149661
D-5
1990
8RCO2281
D513
1983
22XO0542
D6T
2007
CATOOD6TPWFH00293
850K
2017
254120
644 H
1998
568677
644 G
1996
541496
5901 S4
2017
1M0590FELHM020003
300D
2004
BE30ODT200728
300D
2004
BE30GDT200729
2366
1989
A21712
2000 GAL
3500 GAL
1981
1987
1HTP21378BGB16721
1NKDL59X6HJ342949
RM300
2009
BWR00435
570 A
1980
401757DW
770 CH
2O01
580551
770 CH
1999
565436
LSPRM8A
1982
4444
LSPRM8A
8438
CB-224C
1999
3AL01914
PNEUMATIC
10535
SD 70
2005
182531
SD 100 D
2006
190213
SD 100F
2006
186336
SD 105 DX
2004
180249
SD 70F
2000
159542
SD 70F
1999
159741
CP 563
1997
1YJ0491
SVL90-2HF
2016
16720
CK-30
A30276
1022914
350 GLC
2016
1FF350GXTGF811140
790ELC
1996
15661
130 GLC
2013
1FF130GXCDE40389
31 BHS
2006
47CTDWR256P614114
27'
1995
4EZFS2723SS037480
RENTAL ONE
PO BOX 489 COLLYVILLE, TX 76034
HOWARD McANEAR
PO BOX 162029 FT. WORTH, TX 76161
BANE MACHINERY
PO BOX 77859 FT. WORTH, TX 76177
SUNBELT RENTAL
PO BOX 409211 ATLANTA, GA 30384
Concrete Structures: Inlets, Box Culverts, Junction Boxes
Other:
COMMENTS:
LIST RECENTLY COMPLETED PROJECTS OF THE TYPE OF WORK QUALIFYING FOR
OR SIMILAR WORK, PLUS THE FOLLOWING INFORMATION FOR EACH PROJECT: -
PROJECT. LOCKHEED MARTIN AERONAUTICS -RECONSTRUCT PAVEMENT RUN ST
OWNER/ENGINEER: BRIAN HILL / LOCKHEED & DEAN RUE M -
YEAR BUILT: _20171201 _ CONTRACT PRICE; $2, 783, 96
CONTACT PERSON: BRAN HILL PHONE: 817-655-8159
PROJECT: TOWN OF NORTH- PAVING IMPROV FLORANCE RD FROM 407 TO STRADER
OWNER/ENGINEER: ENGINEER - HALFF ASSOCIATES INC. - BEN GCGAHFY YEAR BUILT: 2018 CONTRACT PRICE: $889,522
CONTACT PERSON; IQ -TAW YO PHONE: 940- - 4` - -
PROJECT: LOCKEHEED MARTIN AFRO - TAXILANE REPLACMENT
OWNER/ENGINEER: DEAN RUE OF CHM2 HILL YEAR BUILT: 201 7--- CONTRACT PRICE: $831, 914
CONTACT PERSON: 81VAN HILL PHONE: 817-655-8159 -
PROJECT: TOWN OF BARTONVILLE - 2016 STREET IMPROVEMENTS
OWNER/ENGINEER: GARY VICKERY OF TEAG P RR11�
YEAR BUILT: 2016 CONTRACT PRICE: $319,522
CONTACT PERSON: PURCHSING DEP PHONE: 817-693-5280
(USE A TTACHMENTS fF NECESSAR)7
LIST INCOMPLETE PROJECTS, PLUS THE FOLLOWING INFORMATION FOR EACH
PROJECT LISTED:
PROJECT: HAYS COUNTY SPILLWAY REPAIRS
OWNER/ENGINEER: HAYS COUNTY - PURCHASING DEPARTMENT — ---
PERCENT COMPLETE: 70% CONTRACT PRICE: $994,319.000 .—. — --
CONTACT PERSON: BRANNON SLEDGE W1 USDA NRCS PHONE_ 254-743-6354
PROJECT: _ CITY OF GRANDVIEW 2018 STREET IMPROVEMENTS
OWNER/ENGINEER: CITY OF GRANDVIEW FREEMAN-MLLICAN INC. -
PERCENT COMPLETE: 50% CONTRACT PRICE: $148,498.00—
CONTACT PERSON: CARLOS AGUILAR W/ FREEMAN PHONE: 214-*503_0555 —
Odericahannalzot®-?za 41r a ,_-asron street r8n2b s d 2n�neP� �ra�n- q��, n�a� slaia„w t.do� .- 90 - Qualification Statement
PROJECT: -
OWN ER/ENGINEER.
PERCENT COMPLETE:
CONTACT PERSON:
PROJECT: _
OWNER/ENGINEER:
PERCENT COMPLETE:
CONTACT PERSON:
(USE ATTACHMENTS IF NECESSARY)
CONTRACT PRICE:
PHONE, -
CONTRACT PRICE:
PHONE:
IF COMPANY IS UNDER NEW MANAGEMENT, PLEASE LIST NAMES OF STAFF AND
QUALIFICATION AND/OR EXPERIENCE OF SAID PERSONS- (PLEASE USE ATTACHMENT.)
HAVE YOU OR ANY PRESENT PARTNER(S) OR OFFICER(S) FAILED TO COMPLETE A
CONTRACT? NO
IF SO, NAME OF OWNER AND/OR SURETY:
N/A
CONTACT PERSON:
PHONE:
ARE THERE ANY UNSATISFIED DEMANDS UPON YOU AS TO YOUR ACCOUNTS
PAYABLE? NO
IF SO, GIVE NAMES, AMOUNTS, AND EXPLANATIONS:
BANK REFERENCE: Bank: FROST BANK
Address.- 9001 AIRPORT FWY
City: N.RICHAND HILLS State: Zip:
Contact Person: SUSANNA KILGQBE _
Phone: 817-420-524
MUNICIPALITY REFERENCE: City: TOWN OF NORTHLAKE
Contact Person: ERIC TAMAYO Position: PURCH NG P
Address: Phone: 940-242-5704
OTHER CREDIT REFERENCES:
Name: LANE CONTRUCTION CORP
Address: _J.USIIN.JEXAS �-
Name: RENTAL ONE EQ
Address: COLLEYVILLE, TEXAS
Phone: SCOTT HUBER 817-430-0552 Phone: _R_Oggy_ AMP.817-658-9997
Nanc,-AannaMIS--:27 41h & eaWon street rehab & dralnags repair 209'1'lypeosltech-specdC"ualillcalion slalemenl,doc
Qualification Statement
In compliance with Invitation to Bid for above mentioned types of projects, the undersigned is
submitting the information as required with the understanding that the purpose is only to assist
in determining the qualifications for this organization to perform the type and magnitude of
work designated, and further, guarantee the truth and accuracy of all statements made, and
will accept your determination of qualifications without prejudice. The surety herein named,
any other bonding company, bank, sub -contractor, supplier, or any other person(s), firm(s) or
corporations with whom I (we) have done business, or who have extended any credit to me
(us) are hereby authorized to furnish you with any information you may request concerning
performance on previous work and my (our) credit standing with any of them; and I (we)
hereby release any and all such parties from any legal responsibility whatsoever on account of
having furnished such information to you.
Signed:
Heather Cook
Company: H D Cook's Rock Solid Inc
Title: President
Date:
COPY TO LOCAL UNDERWRITING OFFICE OF PROPOSED SURETY
Name: Swingle, Collins and Associates
Address: 13760 Noel Road #600
Phone: (972) 387-3000
City
Dallas State: TX
jAclerical\anna12018-127 4th & easton street rehab & drainage repair 2018\specs\contract\05-qualification statement.doc - 1 2 - Qualification Statement
QUALIFICATION STATEMENT OF BIDDER'S SURETY
SUBMITTED TO: City of Anna
BIDDER: H D Cook's Rock Solid Inc
ADDRESS, 664 Manor Dr, Argyle, TX 76226
PHONE: 940-464-3048
1. Has this surety furnished contract bonds on contracts now complete?_
2. Has this surety furnished contract bonds on contracts now incomplete? Its
3. What is the maximum bonding capacity of this Contractor? S,vaq a v
4. Is the current financial information on this Contractor satisfactory?��
5. Does information obtained indicate accounts are paid when due? *i
If not, give details:
6- Is it your opinion that the bidder has sufficient experience and financial resources to
satisfactory perform the contract? qes
7. Provided this bidder does not assume other commitments or that you do not acquire
further information that in your opinion will materially affect the bidder's capacity to
Pe arm this contract, will you furnish the bonds as specified?
REMARKS
SURETY: Surer. c In o pany
SIGNED: ll
TITLE: rank Swingle, A$orney-in-Fact
ADDRESS: 13760 Noel Road, Suite 600
CITY-. Dallas STATE: TX ZIP: 75240
PHONE:
(IN DUPLICATE)
972-387-3000
jAclerical\anna\2018-127 4lh & easton street rehab & drainage repair 2018\specs\contract\05-qualification statement doc - 13 - Qualification Statement
Texas Statutory Durable Power Of Attorney
STATUTORY DURABLE POWER OF ATTORNEY
NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND
SWEEPING. THEY ARE E<XPLAINED IN THE DURABLE POWER OF
ATTORNEY ACT, CHAPTER XII, TEXAS PROBATE CODE. IF YOU HAVE ANY
QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE.
THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL
AND OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS
POWER OF ATTORNEY IF YOU LATER WISH TO DO SO.
Heather D. Cook Charles E. Cook Jr.
I, (insert your name and address), appoint (insert the
name and address of the person appointed) as my agent (attorney -in -fact) to act for me in
any lawful way with respect to all of the following powers except for a power that I hale
crossed out below.
TO WITHHOLD A POWER, YOU MUST CROSS OUT EACI POWER
WITHHELD.
Real property transactions;
Tangible personal property transactions;
Stock and bond transactions;
Commodity and option transactions;
Banking and other financial institution transactions;
Business operating transactions;
Insurance and annuity transactions;
Estate, trust, and other beneficiary transactions;
Claims and litigation;
Personal and family maintenance;
Benefits from social security, Medicare, Medicaid, or other governmental programs
or civil or military service;
Retirement plan transactions;
Tax matters.
IF NO POWER LISTED ABOVE IS CROSSED OUT, THIS DOCUMENT
SFL''kLL BE CONSTRUED AND INTERPRETED AS A GENERAL POWER OF
ATTORNEY AND MY AGENT (ATTORNEY IN FACT) SMALL HAVE TI IE
POWER AND AUTHORITY TO PERFORM OR UNDERTAKE ANY ACTION I
COtiLD PERFORM OR UNDERTAKE IF I WERE PERSONALLY PRESENT.
SPECIAL INSTRUCTIONS:
Special instructions applicable to gifts (initial in front of the following sentence to
have it apply):
I grant my agent (attorney in fact) the power to apply my property to make gifts,
except that the amount of a gift to an individual may not exceed the amount of annual
exclusions allowed from the federal gift tax for the calendar year of the gift
ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS
LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT.
To sign and execute contracts, change orders, purchase orders and other business
decisions as deemed necessary for the operation of HD Cooks Rock Solid Inc.
UNLESS YOU DIRECT OTHERWISE ABOVE, THIS POWER OF
ATTORNEY IS EFFECTIVE I?TIMEDIATELY AND WILL CONTINUE UN-1T1, IT IS
REVOKED.
CHOOSE ONE OF THE FOLLOWING ALTERNATIVES BY CROSSING
OUT TIME ALTERNATN ; NOT CHOSEN:
(A) This power of attorney is not affected by my subsequent disability or incapacity.
(B) This power of attorney becomes effective e upon my disability or incapacity.
YOU SHOULD CHOOSE ALTERNAT]ArE (A) IF THIS POWER OF
ATTORNEY IS TO BECOME EFFECTIVE ON THE DATE IT IS EXF-CUITED.
IF NEITIIER (A) NOR (B) IS CROSSED OUT, IT WILL BE ASSURED TILAT
YOU CfIOSE ALTERNATWE (_A).
If Alternative (I3) is chosen and a definition of nay, disability or incapacity is not
contained in this power of attorney, I shall be considered disabled or incapacitated for
purposes of this power of attorney if a physician certifies _in wnti g at a date later than the
date this power of attorney is executed that, based on the physician's medical examination of
me, I am mentally incapable of managing ray financial affairs. I authotize the physician who
examines me for this purpose to disclose my physical or mental condition to another person
for purposes of this power of attorney. A third party who accepts this power of attorney is
fully protected from any action taken under this power of attorney that is based on the
determination made by a physician of my disability or incapacity.
I agree that any third party who receives a copy of this document may act under it.
Revocation of the durable power of attorney is not effective as to a third party until the third
party receives actual notice of the revocation_ I agree to indemnify the third party for any
claims that arise against the third party because of reliance on this power of attorney.
If any agent named by me dies, becomes legally disabled, resigns, or refuses to act, I
name the following (each to act alone and successively, in the order named) as successor(s)
to that agent: Jared T. cook
Signed this 611 day of 20_1�7
(your sigtzature . i�� CO.
State ofq
County of Q::445n
This document, was acknowledged before me on r 4 0 s 7 (date)
byafC (natne of principal)
gtiature of notarial officer)
(Seal, if any, of notary) v! �•."a 3
THOMAS TODAR
1NvMrT-Pubii6— State of Texas
rid Comm. Expires 04-01-2020
',printed name) ;oO ID
+•�,,,,,�•�` Natpty T 30403300
My cotnia-Assion expires: Qq:� �o z'
THE ATTORNEY Inv' FACT OR AGENT, BY ACCEPTING OR ACTI`iG
UNDER THR APPOINTMENT, ASSUMES TIME FIDUCIAR-Y AND OTHER LEGAL
RESPONSIBILITIES OF AN AGENT.
PREVAILING WAGE RATES FOR MUNICIPAL CONSTRUCTION IN
AN NA, TEXAS
General Decision: TX180028 TX28
Date: 01 /05/2018
Construction Types: Heavy
Counties: Collin, Dallas, Denton, Ellis, Kaufman and Rockwall Counties in Texas.
Rates are for Heavy — Water & Sewer Lines / Utilities (including Related Tunneling where the
Tunnel is 48" or less in diameter) construction projects only.
For other wage rates or for updated rates, please the Texas General Decision County Index
located at http://www.gpo.gov/davisbacon/tx.htmi
jAclerical\anna\2018-127 4th & easton street rehab & drainage repair 2018\specs\contract\06-wage rates.docx - 1 4 - Prevailing Wage Rates
General Decision Number: TX180028 01/05/2018 TX2B
Superseded General Decision Number: TX20170028
State: Texas
Construction Type: Heavy
Counties: Collin, Dallas, Denton, Ellis, Kaufman and Rockwall
Counties in Texas.
Water and Sewer Lines/Utilities (Including Related Tunneling
Where the Tunnel is 48" or Less in Diameter)
Note: Under Executive Order (EO) 13658, an hourly minimum wage
of $10.35 for calendar year 2018 applies to all contracts
subject to the Davis -Bacon Act for which the contract is awarded
(and any solicitation was issued) on or after January 1, 2015.
If this contract is covered by the EO, the contractor must pay
all workers in any classification listed on this wage
determination at least $10.35 per hour (or the applicable
wage rate listed on this wage determination, if it is higher)
for all hours spent performing on the contract in calendar
year 2018. The EO minimum wage rate will be adjusted annually.
Please note that this EO applies to the above -mentioned types
of contracts entered into by the federal government that are
subject to the Davis -Bacon Act itself, but it does not apply
to contracts subject only to the Davis -Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(2)-(60). Additional
information on contractor requirements and worker protections
under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/05/2018
* PLUM0100-002 11/01/2017
Rates Fringes
Plumbers and Pipefitters......... $ 30.84 11.51
SUTX1991-004 09/23/1991
Rates Fringes
Laborers:
Common ......................$ 7.25
Utility .....................$ 7.467
Pipelayer ........................$ 7.828
Power equipment operators:
Backhoe.....................$ 10.804
Crane .......................$ 10.942
Front End Loader......, .....$ 9.163
Tunneling Machine (48"or
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less) .............. ......... $ 9.163
TRUCK DRIVER .....................$ B.528
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis -Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the E0, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health -related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health -related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)) .
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than "SU" or
"UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
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2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non -union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
https://www.wdol.gov/wdol/scafiles/davisbacon/TX28.dvb?v=O 7/ 17/2018
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Page 4 of 4
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis -Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 'I). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
https: //www.wdol. gov/wdol/scafiles/davisbacon/TX28. dvb?v=0 7/ 17/2018
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PREVAILING WAGE RATES FOR MUNICIPAL CONSTRUCTION IN
ANNA, TEXAS
General Decision: TX180035 TX35
Date: 01 /05/2018
Construction Types: Highway
Counties: Archer, Callahan, Clay, Collin, Dallas, Delta, Denton, Ellis, Grayson, Hunt, Johnson,
Jones, Kaufman, Parker, Rockwall, Tarrant and Wise Counties in Texas.
HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building, structures in rest area
projects & roadway construction; bascule, suspension & spandrel arch bridges designed for
commercial navigation, bridges involving marine construction; and other major bridges).
jAclericahanna\2018-127 4th & easton street rehab & drainage repair 2018\specs\contract\06-wage rates. docx - 1 9 - Prevailing Wage Rates
General Decision Number: TX180035 01/05/2018 TX35
Superseded General Decision Number: TX20170035
State: Texas
Construction Type: Highway
Counties: Archer, Callahan, Clay, Collin, Dallas, Delta,
Denton, Ellis, Grayson, Hunt, Johnson, Jones, Kaufman, Parker,
Rockwall, Tarrant and Wise Counties in Texas.
HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building
structures in rest area projects & railroad construction;
bascule, suspension & spandrel arch bridges designed for
commercial navigation, bridges involving marine construction;
and other major bridges).
Note: Under Executive Order (EO) 13658, an hourly minimum wage
of $10.35 for calendar year 2018 applies to all contracts
subject to the Davis -Bacon Act for which the contract is awarded
(and any solicitation was issued) on or after January 1, 2015.
If this contract is covered by the EO, the contractor must pay
all workers in any classification listed on this wage
determination at least $10.35 per hour (or the applicable
wage rate listed on this wage determination, if it is higher)
for all hours spent performing on the contract in calendar
year 2018. The EO minimum wage rate will be adjusted annually.
Please note that this EO applies to the above -mentioned types
of contracts entered into by the federal government that are
subject to the Davis -Bacon Act itself, but it does not apply
to contracts subject only to the Davis -Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(2)-(60). Additional
information on contractor requirements and worker protections
under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/05/2018
* SUTX2011-007 08/03/2011
Rates Fringes
CONCRETE FINISHER (Paving and
Structures) ......................$ 14.12
ELECTRICIAN ......................$ 19.80
FORM BUILDER/FORM SETTER
Paving & Curb ...............$ 13.16
Structures .................. $ 13.84
LABORER
Asphalt Raker ...............$ 12.69
Flagger................... .$ 10.06
Laborer, Common .............$ 10.72
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Laborer, Utility ............ $ 12.32
Pipelayer...................$ 13.24
Work Zone Barricade
Servicer........... . ......:.$ 11.68
POWER EQUIPMENT OPERATOR:
Asphalt Distributor ......... $ 15.32
Asphalt Paving Machine ...... $ 13.99
Broom or Sweeper ............ $ 11.74
Concrete Pavement
Finishing Machine ........... $ 16.05
Concrete Saw ................$ 14.48
Crane Operator, Lattice
Boom 80 Tons or Less ........ $ 17.27
Crane Operator, Lattice
Boom over 80 Tons ........... $ 20.52
Crane, Hydraulic 80 Tons
or Less .....................$ 18.12
Crawler Tractor .............$ 14.07
Excavator, 50,000 pounds
or less .....................$ 17.19
Excavator, over 50,000
pounds ......................$ 16.99
Foundation Drill , Truck
Mounted .....................$ 21.07
Foundation Drill, Crawler
Mounted .....................$ 17.99
Front End Loader 3 CY or
Less ........................$ 13.69
Front End Loader, over 3 CY.$ 14.72
Loader/Backhoe................$ 15.18
Mechanic ....................$ 17.68
Milling Machine .............$ 14.32
Motor Grader, Fine Grade .... $ 17.19
Motor Grader, Rough ......... $ 16.02
Pavement Marking Machine .... $ 13.63
Reclaimer/Pulverizer........ $ 11.01
Roller, Asphalt .............$ 13.08
Roller, Other ...............$ 11.51
Scraper .....................$ 12.96
Small Slipform Machine ...... $ 15.96
Spreader Box ................$ 14.73
Servicer ........ ................. $ 14.58
Steel Worker (Reinforcing)........$ 16.18
TRUCK. DRIVER
Lowboy -Float ................$ 16.24
Off Road Hauler .............$ 12.25
Single Axle .................$ 12.31
Single or Tandem Axle Dump
Truck .......................$ 12.62
Tandem Axle Tractor with
Semi Trailer ................$ 12.86
Transit -Mix .................$ 14.14
WELDER ........ ................... $ 14.84
----------------------------------------
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Page 3 of 5
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis -Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health -related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health -related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)) .
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited types) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than "SU'r or
"UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
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Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non -union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis -Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
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With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final,
END OF GENERAL DECISION
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VENDORS COMPLIANCE TO STATE LAW
Texas Government Code, Chapter 2252, Subchapter A provides that, in order to be awarded a
contract as low bidder, non-resident bidders (out of state Contractors whose corporate offices
or principal place of business are outside of the State of Texas) bid projects for construction,
improvements, supplies or services in Texas at an amount lower than the lowest Texas
resident bidder by the same amount that a Texas resident bidder would be required to
underbid a non-resident bidder in order to obtain a comparable contract in the state in which
the non-resident's principal place of business is located. The appropriate blanks in Section 4
must be filled out by all out-of-state or non-resident bidders in order for your bid to meet
specifications. The failure of out-of-state or non-resident Contractors to do so will
automatically disqualify that bidder. Resident bidders must check the box in Section B.
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. L f Our principal place of business or corporate office is in the State of Texas.
BIDDER/OFFEROR:
HD COOKS ROCK SOLID INC.
Company:
Address: 664 MANOR DRIVE
ARGYLE TX
City State
Phone: 817-994-9408
By:
(please print)
Signature:
76226 Title: 1
Zip (please print)
THIS FORM MAST BE RETURNED WITH YOUR QUOTATION
yUffrlcanariFIB I& W 4111 a c+astan street renab 16 drainage rWw 201 nsaecsltech-spec to?-venC10n Wrroianc-a me - 25 -- - - - Vendors Compliance
CONFLICT OF INTEREST QUESTIONNAIRE
i:teler c9ftnneW a-i27 ath & sagon arrest rehab & *singe repffir 2017WWKi"Pane-c« or r aoc - 26 - Corrtilct of
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor or other person doing business with local governmental entity
This questionnaire redacts changes made to the law by H.@. 1491, Both Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code
by a person who has business relationship as defined by Section 176.001(1-a) with a local
governmental entity and the person meets requirements under Section 176.006(a),
Bylaw this questionnaire must be riled with the records admirwstratorofthe local governmental
entity not later than the 7th (business day after the date the person becomes aware of facts
that require the statement to be Filed. See Section 176.006, Local Government Code.
A person commits an offense if the person lmawirxtly violates Section 176.006, Local
Government Code_ An offense under this section is a Cfass C misderneanor.
Name of person who hasa business relationship with local governmental entity.
® Checkth is box if you are filing an update to a previously filed questionnaire,
FORM CIQ
OFFICE USE ONLY
Date Received
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not
later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate,)
Name of local government officer with whom filer has employment or business relationship.
Name of Officer
This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an
employment or other business relationship as defined by Section 176,001(1-a), Local Govemment 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?
0 Yes a 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 F7No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the focal
government officer serves as an officer or director, or holds an ownership of 10 percent or more?
Yes r--j No
D. Describe each employment or business relationship with the local government officer named in this section.
N/A
Signature of person doing business with the govemmentel entity
08/30/18
Date
j:lelericAWnW2U;$-127 4th S eawon weet rehab & drainage repair 2W-Aspecs1tech-spema-WMIC! of intetw'doo
Adopted 06/29/2007
- 27 Conflict of Interest
AFFIDAVIT AGAINST PROHIBITED ACTS
hereby affirm that I am aware of the provisions of Texas Penal Code Section 36.02,
36.08, 36.09 and 36.10 dealing with Bribery and Gifts to Public Servants. I further affirm that I
will adhere to such rules and instruct and require all agents, employees, and sub -contractors to
do the same. I am further aware that any violation of these rules subjects the Contract
Agreement for this project to revocation, my removal from bid lists, prohibiting future
contract/subcontract work, revocation of permits, and prosecution.
Signature /)
ATTEST;,fjif corporation)
..--_08130118
Date
08/30/ 18
Date
j;tGlancalWnns12LJ1 H-127 Mh R aastan straw (&ab & dry Wsir 1 i,SRIACBFFeCh eciQB-efSidsv t c9ac
-28- Affidavit Against Prohibited Acts
PROPOSAL AND BID FORM
j:\clerical\anna\2018-127 4th & easton street rehab & drainage repair 2018\specs\contract\10-p&bs-1 doc - 29 - Proposal & Bid Form
Proposal of:
Address
PROPOSAL AND BID FORM
HD Cooks Rock Solid, Inc. (hereinafter called "Bidder")
664 Manor Dr., Argyle, Texas 76226
To the Honorable Mayor and City Council
City of Anna, Texas (hereinafter called "Owner")
Deadline for Submission of Sealed Competitive Bid: 3:00 p.m., Thursday, August 30, 2018.
Date of Sealed Bid Opening: 3:00 p.m., Thursday, August 30, 2018.
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of:
4T" AND EASTON STREET REHABILITATION & DRAINAGE REPAIR 2018
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 Ninety (90) 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:
j:\c1erica1\anna\2018-127 4th & easton street rehab & drainage repair 2018\specs\contract\10-p&1bs-1 doc -30- Proposal & Bid Form
AMOUNT OF CONTRACT
Less than $25,000.00
$25,000.00 to $99,999.99
$100,000.00 to $999,999.99
More than $1,000,000.00
AMOUNT OF LIQUIDATED DAMAGES
$100.00
Per Day
$500.00
Per Day
$500.00
Per Day
$500.00
Per Day
The sum of money thus deducted for such delay, failure or non -completion is not
to be considered as a penalty, but shall be deemed, taken and treated as
reasonable liquidated damages, per day that the CONTRACTOR shall be in
default after the time stipulated in the Contract Agreement for completing the work.
The said amounts are fixed and agreed upon by and between OWNER and
CONTRACTOR because of the impracticability and extreme difficulty of fixing and
ascertaining the actual damages the OWNER in such event would sustain; and
said amounts are agreed to be the amounts of damages which the OWNER would
sustain and which shall be retained from the monies due, or that may become due,
the CONTRACTOR under the Contract Agreement; and if said monies be
insufficient to cover the amount owing, then the CONTRACTOR or its surety shall
pay any additional amounts due.
In the event that the actual damages incurred by the OWNER exceed the amount
of liquidated damages, OWNER shall be entitled to recover its actual damages.
Bidder understands and agrees that this bid proposal shall be completed and submitted in
accordance with the Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any
informality in the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of
sixty (60) calendar days from date of bid opening until the date that the project is
awarded by the City Council.
The undersigned Bidder hereby declares that he has visited the site of the work and has
carefully examined the plans, specifications, and contract documents pertaining to the work
covered by this bid, and he further agrees to commence work on or before the date specified in
the written notice to proceed, and to substantially complete the work on which he has proposed,
as provided in the contract documents.
Enclosed with this proposal is a Cashier's Check or Certified Check for: 5% Greatest Amount
Bid Dollars 5% GAB), which it is agreed shall be collected and retained by the Owner as
liquidated damages in the event the proposal is accepted by the Owner and the undersigned
fails to execute the necessary contract documents and the required bond (if any) with the Owner
within ten (10) days after the date of receipt of written notification of acceptance of said
proposal; otherwise, said check or bond shall be returned to the undersigned upon demand.
jAclerical\anna\2018-127 4th & easton street rehab & drainage repair 2018\specs\contract\10-p&1bs-1 doc - 31 - Proposal & 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.
j1cleric0anna\2018-127 4th & easton street rehab & drainage repair 2018\specs\ccntract\10-p&bs-1 doc - 32 - Proposal & Bid Form
CITY OF ANNA, TEXAS
4th and Easton Street Rehabilitation & Drainage Repair 2018
(Project No. 297)
BID SCHEDULE
BASE BID
Item
Estimated
Price in
Extended
No.
Quantity
I Unit
Description and Price in Words
Figures
Amount
Scarify, Remix & Reshape Existing Pavement &
1
2,818
S.Y.
Base Material
$ 14.00
$ 39,452.00
complete in place, the sum of
Fourteen
Dollars
and No
Cents per Square Yard
2
230
L.F.
Remove & Dispose of Existing Culvert
$ 16.00
$ 3,680.00
complete in place, the sum of
Sixteen
Dollars
and No
Cents per Linear Foot
3
2
Ea.
Remove & Replace Existing Mailbox
$ 125.00
$ 250.00
complete in place, the sum of
One Hundred Twenty -Five
Dollars
and No
Cents per Each
4
1,352
C.Y.
Unclassified Roadway Excavation
$ 20.00
$ 27,040.00
complete in place, the sum of
Twenty
Dollars
and No
Cents per Cubic Yard
Furnish & Install 18-inch RCP Culvert (Class
5 1
60
L.F.
IV) with Embedment
$ 125.00
$ 7,500.00
complete in place, the sum of
One Hundred Twenty -Five
Dollars
and No
Cents per Linear Foot
JACLERICAL\Anna\2018-127 4th & Easton Street Rehab & Drainage Repair 2018\Specs\Contract\I 1-P&BS-2.xlsx - 33 - Proposal Bid Form
BASE BID
Item
Estimated
Price in
Extended
No.
Quantity
Unit
Description and Price in Words
Figures
Amount
Furnish & Install 15-inch RCP Culvert (Class
6
58
L.F.
IV) with Embedment
$ 115.00
$ 6,670.00
complete in place, the sum of
One Hundred Fifteen
Dollars
and No
Cents per Linear Foot
Furnish & Install 12-inch RCP Culvert (Class
7
28
L.F.
IV) with Embedment
$ 105.00
$ 2,940.00
complete in place, the sum of
One Hundred Five
Dollars
and No
Cents per Linear Foot
Construct Modified TxDOT CH-PW-S
Headwall (30-Degree Skew) For Double 18-inch
8
2
Ea.
RCP Culverts
$ 2,200.00
$ 4,400.00
complete in place, the sum of
Two Thousand Two Hundred
Dollars
and No
Cents per Each
Construct Modified TxDOT CH-PW-0 & CH-
PW-S (15-Degree Skew) Headwall For Double
9
2
Ea.
15-inch RCP Culverts
$ 2,200.00
$ 4,400.00
complete in place, the sum of
Two Thousand Two Hundred
Dollars
and No
Cents per Each
Construct Sloped Headwall For 12-inch RCP
Ea.
Culvert (4:1 Slope)
$ 950.00
$ 1,900.00
complete in place, the sum of
Nine Hundred Fifty
Dollars
and No
Cents per Each
J:\CLERICALWnna\2018-127 4th & Easton Street Rehab & Drainage Repair 2018\Specs\Contract\l 1-P&BS-2,xlsx - 34 - Proposal Bid Form
BASE BID
Item
Estimated
F
Price in
Extended
No.
Quantity
Unit
Description and Price in Words
Figures
Amount 1l
Furnish & Install 3-inch TxDOT Type "D"
HMAC Surface (TxDOT Item 340) Including
11
505
Tons
Prime Coat
$ 110.00
$ 55,550.00
complete in place, the sum of
One Hundred Ten
Dollars
and No
Cents per on
12
660
L.F.
For Edge Milling HMAC Pavement
$ 2.50
$ 1,650.00
complete in place, the sum of
Two
Dollars
and Fifty
Cents per Linear Foot
Construct Reinforced Concrete Valley Gutter,
13
126
S.Y.
including 6-Inches Flexible Base
$ 140.00
$ 17,640.00
complete in place, the sum of
One Hundred Fo
Dollars
and No
Cents per Square Yard
Furnish, Place & Mechanically Compact
14
188
S.Y.
Crushed Stone Driveway
$ 33.00
$ 6,204.00
complete in place, the sum of
Thirty Three
Dollars
and No
Cents 2er Square Yard
Remove & Replace Existing Board Bridge
15
1
L.S.
(Western Red Cedar)
$ 2,500.00
$ 2,500.00
complete in place, the sum of
Two Thousand Five Hundred
Dollars
and No
Cents per Lump Sum
JACLERICAL\Anna\2018-127 4th & Easton Street Rehab & Drainage Repair 2018\Specs\Contract\1 I-P&BS-2 xlsx - 35 - Proposal BILL' Form
BASE BID
Item
Estimated
I
Price in
Extended
No.
Quantity
Unit
Description and Price in Words
Figures
Amount
16
6
Ea.
For Manhole Adjustments
$ 500.00
$ 3,000.00
complete in place, the sum of
Five Hundred
Dollars
and No
Cents per Each
17
4,694
S.Y.
Furnish, Install, Water & Establish Hydromulch
$ 4.00
$ 18,776.00
complete in place, the sum of
Four
Dollars
and No
Cents per Square Yard
Furnish, Install & Maintain Erosion Control
18
1
L.S.
Measures
$ 3,500.00
$ 3,500.00
complete in place, the sum of
Three Thousand Five Hundred
Dollars
and No
Cents per Lump Sum
19
1
L.S.
Furnish Traffic Control Plan
$ 625.00
$ 625.00
complete in place, the sum of
Six Hundred Twenty Five
Dollars
and No
Cents per Lump Sum
Install, Maintain & Remove Traffic Control
20
1
L.S.
Devices
$ 2,200.00
$ 2,200.00
complete in place, the sum of
Two Thousand Two Hundred
Dollars
and No
Cents per Lump Sum
21
1
L.S.
Furnish Erosion Control Plan
$ 625.00
$ 625.00
complete in place, the sum of
Six Hundred Twenty Five
Dollars
and No
Cents per Lump Sum
AMOUNT OF BASE BID (Items 1 Through 21)
$ 210.502.00
JACLERICAL\Anna\2018-127 4th & Easton Street Rehab & Drainage Repair 2018\Specs\Contract\l 1-P&BS-2.xlsx - 36 - Proposal Bid Fon77
ADDITIVE ALTERNATE NO. 1
Item
Estimated
Price in
Extended
No.
Quantity
Unit
Description and Price in Words
Figures
Amount
Furnish & Install Flex Base Type "A", Grade 1
101
300
Tons
(TxDOT 247)
$ 55.00
$ 16,500.00
complete in place, the sum of
Fifty Five
Dollars
and No
Cents 2er Ton
AMOUNT OF ADDITIVE ALTERNATE NO. 1 (Item 101)
$ 16,500.00
J:\CLERICAL\Anna\2018-127 4th & Easton Street Rehab & Drainage Repair 2018\Specs\Contract\l 1-P&BS-2.xlsx - 37 - Proposal Bid Form
ADDITIVE ALTERNATE NO. 2
Scarify, Remix, Shape Existing Base Material & Overlay with 3-inch Type "D" HMAC
(2nd Street: From Easton to Sherley)
Item
Estimated
Price in
Extended
No.
Quantity
Unit
Description and Price in Words
Figures
Amount
Scarify, Remix and Reshape Existing Pavement
IA-2
1,550
S.Y.
and Base Material
$ 3.50
$ 5,425.00
complete in place, the sum of
Three
Dollars
and Fift
Cents per Square Yard
Furnish & Install 3-Inch TxDOT Type "D"
IIA-2
257
Tons
Surface
$ 105.00
$ 26,985.00
complete in place, the sum of
One Hundred Five
Dollars
and No
Cents per Ton
AMOUNT OF ADDITIVE ALTERNATE NO. 2 Items IA-2 & 11A-2)
$ 32,410.00
J:\CLERICAL\Anna\2018-127 4th & Easton Street Rehab & Drainage Repair 2018\Specs\Contract\1 I-P&BS-2-xlsx - 38 - Proposal Bid Form
ADDITIVE ALTERNATE NO. 3
Scarify, Remix, Shape Existing Base Material & Overlay with 3-inch Type "D" HMAC
(3rd Street: From Easton to Sherley)
Item
Estimated
Price in
Extended
No.
Quantity
Unit
Descri tion and Price in Words
Figures
Amount
Scarify, Remix and Reshape Existing Pavement
IA-3
1,550
S.Y.
and Base Material
$ 3.50
$ 5,425.00
complete in place, the sum of
Three
Dollars
and Fifty
Cents per Square Yard
Furnish & Install 3-Inch TxDOT Type "D"
11A-3
257
Tons
Surface
$ 105.00
$ 26,985.00
complete in place, the sum of
One Hundred Five
Dollars
and No
Cents per Ton
AMOUNT OF ADDITIVE ALTERNATE NO. 3 (Items 1A-3 & 11A-3)
$ 32.410.00
JACLERICAL\Anna\2018-127 4th & Easton Street Rehab & Drainage Repair 2018\Specs\Contract\l1-P&BS-2.xlsx - 39 - Proposal Bid Form
CITY OF ANNA, TEXAS
4th and Easton Street Rehabilitation & Drainage Repair 2018
(Project No. 297)
SUMMARY OF BID
AMOUNT OF BASE BID (Items 1 Through 21)
AMOUNT OF ADDITIVE ALTERNATE NO. 1 (Item 101)
AMOUNT OF ADDITIVE ALTERNATE NO. 2 (Items IA-2 & 11A-2)
AMOUNT OF ADDITIVE ALTERNATE NO. 3 (Items IA-3 & 11A-3)
AL AMOUNT OF BID (Base Bid + Additive Alternate Nos. 1, 2 & 3)
$ 210,502.00
$ 16,500.00
$ 32,410.00
$ 32,410.00
$ 291,822.00
J:\CLERICAL\Anna\2018-127 4th & Easton Street Rehab & Drainage Repair 2018\Specs\Contract\1 1-P&BS-2-xlsx - 40 Proposal Bid Form
BID PROPOSAL
FOR
4T" AND EASTON STREET REHABILITATION and DRAINAGE REPAIR 2018
Notice of award will be mailed to the undersigned at the following addresses:
HD Cooks Rock Solid, Inc.
Contractor
Heather Cook, President
664 Manor Dr., Argyle, Texas 76226
Principal Place of Business
(Corp. Seal if Bidder is Corporation)
Attest:
Secretary:
Acknowledgment is hereby made of receipt of the following Addenda, if any:
No. Date:
No. Date:
No. Date:
List Subcontracts (Company name, contact number and type of work):
G. J. Seeding, 817 821-3848, H dromulch
j1clerical\anna\2018-127 4th & easton street rehab & drainage repair 2018\specs\contract\12-p&bs-3.doc - 4 1 - Proposal & Bid Form
REQUEST FOR CERTIFICATE OF EXEMPTION FROM TEXAS
LIMITED SALES, EXCISE AND USE TAX
Date: August 30, 2018
TO: City of Anna, Texas
Municipal Building
111 N. Powell Parkway
Anna, TX 75409
RE: 4T" AND EASTON STREET REHABILITATION and DRAINAGE REPAIR 2018
The undersigned Contractor hereby requests a Certificate of Exemption from the Texas
Limited Sales, Excise, and Use Tax in the amount of Two Hundred Ninety -One Thousand.
Eight Hundred Twenty -Two Dollars and 00/100 ($291,822.00), which is an amount not
exceeding the contract price of all materials and other tangible personal property to be
furnished in connection with the subject property.
The undersigned hereby represents that such materials and property have been or will be
utilized in the performance of the Contract Agreement to the full extent or the amount for which
such Certificate of Exemption is requested.
HD Cooks Rock Solid, Inc.
Company
By: Heather Cook
(please print)
Signature:
Title: President
664 Manor Dr.
(Seal if a Corporation) Address
Argyle, Denton County, Texas 76226
City, County, State and Zip
(817) 994-9408 (940) 464-3617
Telephone Fax
Email: office@hdrocksolid.com
j:\clerical\anna\2018-127 4th & easton street rehab & drainage repair 2018\specs\contract\12-p&bs-3doc - 42 - Proposal & Bid Form
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we H D Cook's Rock Solid Inc as principal, hereinafter called the
"Principal," and SURETEC INSURANCE COMPANY, 1330 Post Oak Boulevard, Suite 1100, Houston, Tx 77056,
as surety, hereinafter called the "Surety," are held and firmly wound unto City of Anna as obligee, hereinafter called
the Obligee, in the sum of Five Percent (5% GAB %) of the Amount Bid by Principal for the payment of which sum
well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the principal has submitted a bid for Anna 4t" & Easton Street Rehab and Drainaqe Repair 2018.
NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as
specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such
Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the
amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another
party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full
force and effect.
PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution
of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that
financing has been firmly committed to cover the entire cost of the project.
SIGNED, sealed and dated this 29 day of August, 2018.
H D Cook's Rock Solid Inc
(Principal)
BY
TITLE: r nv_!—ec,�
BY:
re
rank Swfngl� 1Attorney-in-Fact
Rock Solid Bid Bond - Denton Jail Rehab.doc Rev 1.1.06
POA #: 4221060
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
Frank Swingle, Warren Gravely, Jr., Ed Veale, Chris W. Peterie, Matthew B. Elmore, Kirk D. Dreyer
its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for, providing the bond penalty does not exceed
Four Million and 001100 Dollars ($4,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO, sealed with the corporate seal
of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the
premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec
Insurance Company:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20 of April,
1999)
In Witness Whereof,, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to
be hereto affixed this 3rd day of August A.D. 2018.
SURETECIN ANY
No By:
w w i a John Karla ., CE
State of Texas ss: ems! Y
County of Has m.�
On this 3rd day of August , A.D. 2018 before me personally carve John Knox Jr., to me known, who, being by me duly sworn, did depose and say,
that he resides in Houston, Texas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
JACOHELYN GREENLEAF
_Notary Pu't)lic, Skate of Texas
..,.Z Comm. Expires 05-18-2021
Notary ID 126903029
Jacq elyn Greenleaf, Notary Public
My commission expires May 18, 2021
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this x71,17
_ day of � r°�lg A.D.
71I J/1
M. Brent Beaty, AV-staet SecWtary
Any instrument issued in excess of the penalty stated above is totally void and without airy validity.
For verification of the authority of this power you may call (713) 812-0800 any business day between 8.30 am and 5:00 pm CST.
F SureTec Insurance Company
THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION
Statutory Complaint Notice/Filing of Claims
To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a
complaint or file a claim at: 1-866-732-0099. You may also write to the Surety at:
SureTec Insurance Company
9737 Great Hills Trail, Suite 320
Austin, Tx 78759
You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-
3439. You may write the Texas Department of Insurance at
PO Box 149104
Austin, TX 78714-9104
Fax#: 512-490-1007
Web: hq://www;tdi.state.tx.us
Email: ConsumerProtection@tdi.texas.gov
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the
Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance.
Texas Rider 06042014
CONTRACT AGREEMENT
THIS 4th and Easton Street Rehabilitation & Drainage Repair 2018 Contract (hereinafter this
"Contract Agreement") entered into this day of , 2018 by and between the CITY OF
ANNA, TEXAS, a Texas Municipal Corporation, ("City") and HD Cooks Rock Solid, Inc.
("Contractor"), located at 664 Manor Dr. , Argyle. Denton County, Texas 76226.
WITNESSETH:
WHEREAS, the City wishes to contract for the project identified as 4th and Easton Street
Rehabilitation & Drainage Repair 2017 (the "Project"); and
WHEREAS, the Project shall include all work and activities necessary to complete the following
scope of work (hereinafter referenced as "Work"):
4th and Easton Street Rehabilitation & Drainage Repair 2018
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\2018-127 4th & easton street rehab & drainage repair 2018\specs\contract\13-agreement doe CA-1 Contract Agreement
Notice to Proceed;
Any executed Change Orders;
Supplementary General Provisions and Technical Specifications; and,
Plans, Specifications and Drawings and all other documents made available to bidder for his
inspection in accordance with Invitation to Bid,'
all of which are hereby incorporated herein by reference, whether or not attached hereto, and made a
part hereof (hereinafter along with this Contract Agreement and referenced collectively as the
"Contract" or "Contract Documents"). Change Orders issued hereafter, Construction Change Directives,
a Direction for a Minor Modification in the Work issued by the City, and any other amendments
executed by the City and the Contractor, shall become and be a part of the Contract Documents.
Documents not included or expressly contemplated in this Section 1 do not, and shall not, form any part
of the Contract. The Contract Documents are intended to be complementary, and a requirement in one
document shall be deemed to be required in all documents. However, in the event of any conflict
between any of the above -listed documents and this Contract Agreement, this Contract Agreement
shall control.
Section 2. REPRESENTATIONS OF THE CONTRACTOR
In order to induce the City to execute the Contract and recognizing that the City is relying thereon, the
Contractor, by executing the Contract, makes the following express representations to the City:
2.01 The Contractor is fully qualified to act as the general contractor for the Project and has, and
shall maintain, any and all licenses, permits or other authorizations necessary to act as the
general contractor for, and to construct the Project;
2.02 The Contractor has become familiar with the Project site and the local conditions under which
the Project is to be constructed and operated;
2.03 The Contractor has received, reviewed and examined all of the documents which make up the
Contract, including, but not limited to all plans and specifications, and has found them to the
best of its knowledge, to be complete, accurate, adequate, consistent, coordinated and
sufficient for construction.
Section 3. INTENT AND INTERPRETATION
With respect to the intent and interpretation of the Contract, the City and the Contractor agree as
follows:
3.01 This Contract Agreement (along with its exhibits and other documents expressly referenced in
Section 1, above), together with the Contractor's and Surety's bid/proposal bond, performance
and payment bonds, and maintenance bonds for the Project constitute the entire and exclusive
agreements between the parties with reference to the Project, and said Contract supersedes
any and all prior discussions, communications, representations, understandings, negotiations,
or agreements.
If plans, specifications or drawings are too bulky or cumbersome to be physically bound, they are to be
considered incorporated by reference into the aforementioned contract documents.
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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.
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Contract Agreement
Section 4. CONTRACTOR'S PERFORMANCE
The Contractor shall perform all of the Work required, implied or reasonably inferable from the Contract
including, but not limited to, the following:
4.01 The Contractor will complete the entire Work described in the Contract Documents, except as
specifically identified therein as the work of other parties or expressly excluded by specific
reference, in accordance with the terms herein.
4.02 The furnishing of any and all required surety bonds and insurance certificate(s) and
endorsement(s);
4.03 The provision or furnishing, and prompt payment therefor, of labor, supervision, services,
materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage,
disposal, power, fuel, heat, light, cooling, or other utilities, required for construction and all
necessary building permits and other permits or licenses required for the construction of the
Project;
4.04 The creation and maintenance of a detailed and comprehensive copy of the drawings,
specifications, addenda, change orders and other modifications depicting all as -built
construction. Said items shall be submitted to the City, along with other required submittals
upon Completion of the Project, and receipt of same by the City shall be a condition precedent
to final payment to the Contractor. The Contractor shall prepare and submit final as -built
drawings to the City.
Section 5. TIME FOR CONTRACTOR'S PERFORMANCE; DELAYS
5.01 The Contractor shall commence the performance of the Contract on the date set forth in the
Notice to Proceed issued by the City Manager or the City Manager's designee and shall
diligently continue its performance to and until Completion of the Project. The Contractor shall
accomplish Completion (as defined herein below) of the Project not more than Ninety
(90) consecutive 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
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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 within10 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
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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 10t" 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.
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(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;
6.06 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:
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(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
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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.
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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
Charlie Cook
Project Manager
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If at any time the City reasonably determines that any employee of the Contractor is not
properly performing the Work in the best interest of the City or the Project, or is
hindering the progress of the Work, or is otherwise objectionable, the City shall so
notify the Contractor, which shall replace the employee as soon as possible, at no
increased cost to the City.
9.07 The Contractor must submit to the City the Contractor's schedule for completing the work prior
to submittal of the first application for payment. The City will not review any payment request
until such schedule has been submitted and approved. Such schedule shall be in a form as
specified in the Contract or which shall have been approved by the City Manager or the City
Manager's designee, and which shall provide for expeditious and practicable construction of the
Project. The Contractor's schedule shall be updated no less frequently than monthly (unless the
parties otherwise agree in writing) and shall be updated to reflect conditions encountered from
time to time and shall apply to the total project. Each such revision shall be furnished to the City.
Strict compliance with the requirements of this Section 9.07 shall be a condition precedent to
payment to the Contractor, and failure by the Contractor to strictly comply with said
requirements shall constitute a material breach of the Contract.
9.08 The Contractor shall keep an updated copy of the Contract Documents at the site. Additionally,
the Contractor shall keep a copy of approved shop drawings and other submittals. All of these
items shall be available to the City during all regular business hours.
9.09 Shop drawings and other such submittals from the Contractor do not constitute a part of the
Contract. The Contractor shall not do any work requiring shop drawings or other submittals
unless such shall have been approved in writing by the City or as required by the Contract
Documents. All work requiring approved shop drawings or other submittals shall be done in
strict compliance with such approved documents or Contract requirements. However, approval
by the City shall not be evidence that work installed pursuant thereto conforms with the
requirements of the Contract, and shall not relieve the Contractor of responsibility for deviations
from the Contract unless the City has been specifically informed of the deviation by a writing
incorporated in the submittals and has approved the deviation in writing.
The delivery of submittals shall constitute a representation by the Contractor that it has verified
that the submittals meets the requirements of the Contract, or will do so, including field
measurements, materials and field construction criteria related thereto.
The City shall have no duty to review partial submittals or incomplete submittals. The Contractor
shall have the duty to carefully review, inspect, examine and physically stamp and sign any and
all submittals before submission of same to the City.
9.10 The Contractor shall maintain the Project site and adjacent areas affected by its work and/or the
acts of its employees, materialmen and subcontractors in a reasonably clean condition during
performance of the work. Upon substantial completion, the Contractor shall thoroughly clean the
Project site of all debris, trash and excess materials or equipment. If the Contractor fails to do
so, the City may complete the cleanup, by its own forces or by separate contract, and shall be
entitled to charge the Contractor for same through the collection or withholding of funds through
the mechanisms provided elsewhere in this Contract Agreement;
9.11 At all times relevant to the Contract, the Contractor shall permit the City and its consultants to
enter upon the Project site and any offsite lay down areas, safety permitting, and to review or
inspect the work and any materials on any such site, without formality or other procedure.
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9.12 The Contractor recognizes that the City may enter into other contracts to perform work relating
to the Project, or to complete portions of the Work itself. The Contractor shall ensure that its
forces reasonably accommodate the forces of the City and other contractors hired by the City.
The Contractor shall coordinate its schedule with the work of other contractors. If the Contractor
claims that delay or damage results from these actions of the City, it shall promptly submit a
claim as provided herein.
9.13 Protection of persons and property-
(1) It shall be the responsibility of the Contractor to initiate, continue and supervise all safety
programs and precautions in the performance of the terms of the Contract. The
Contractor shall take reasonable precautions for the safety of, and shall provide
reasonable protection to prevent damage, injury or loss to its employees, subcontractors'
employees, employees of the City and members of the public, the Work itself and
unassembled components thereof, and other property at the site or adjacent thereto. As
part of the Contractor's obligations hereunder, the Contractor shall erect and maintain all
necessary and prudent safeguards, barriers, signs, warnings, etc.
(2) With notice to the City, the Contractor shall promptly remedy loss or damage to the Work
or any person or property described herein caused in whole or in part by the acts of the
Contractor or any subcontractor, sub -subcontractor or materialman. This obligation shall
be in addition to the requirements of Section 10 herein. The City may direct the
Contractor to remedy known violations of applicable laws, rules, regulations, and
interpretations related to safety when and if observed on the site. However, through
exercising this authority the City shall not incur any obligations to monitor, initiate,
continue, or supervise safety programs and precautions such to diminish the
Contractor's primary role in same. The City shall have the right to report suspected
safety violations to the Occupational Safety and Health Administration (OSHA) or other
appropriate authorities.
(3) The Contractor shall promptly notify the City upon discovery of any unidentified material
which Contractor reasonably believes to be asbestos, lead, PCB, or other hazardous
material, and shall immediately stop work in the affected area of the Project. The
Contractor shall not be responsible for removal or other work with regard to such
hazardous material unless otherwise agreed between the City and the Contractor. In the
case of work stopped due to the discovery of hazardous materials, Section 6 shall apply
to claims for delay, hindrance or interference. Work will resume in the affected area of
the Project immediately after such time as the hazardous material has been removed or
rendered harmless, as certified by an industrial hygienist to be engaged by the City.
9.14 The Contractor warrants to the Owner that materials and equipment furnished under the
Contract are of good quality and new unless otherwise required or permitted under the Contract
Documents, that the Work will be free from defects not inherent in the quality required or
permitted, and that the Work will conform to the requirements of the Contract Documents. Work
not conforming to these requirements, including substitutions not properly approved and
authorized, may be considered defective. The Contractor's warranty excludes remedy for
damage or defect caused by abuse, modifications not executed by the Contractor, improper or
insufficient maintenance, improper operation, or normal wear and tear and normal usage. If
required by the Owner, the Contractor shall furnish satisfactory evidence as to the kind and
quality of materials and equipment.
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Section 10. INDEMNITY
Except for expenses or liabilities arising from the negligence of the City, the Contractor hereby
expressly agrees to indemnify and hold the City harmless against any and all expenses and
liabilities arising out of the performance or default of the Contract as follows:
10.01 Contractor shall indemnify, and hold harmless, to the maximum extent permitted by law,
City and its officers, agents, employees, and consultants frorn and against any and all
liability, damages, losses, (whether in contract or in tort, including personal injury,
accidental death or property damage, and regardless, of whether the allegations are
false, fraudulent or groundless), and costs (includinq reasonable attorney's fees,
Litigation. arbitration, mediation, appeal expenses incurred in any matter, including a
proceeding to enforce this Section 10) which in whole or in part are caused by the
negligence, recklessness or intentional wrongful misconduct of the Contractor and
persons employed by or utilized by the Contractor in Contractor's performance of this
Contract Agreement.
10.02 Contractor's obligation to indemnify, defend and hold harmless shall remain in effect and
shall be binding upon Contractor whether such injury or damage shall accrue, or may be
discovered, before or after termination of the Contract.
10.03 Contractor's failure to comply with this section's provisions shall constitute a material
breach upon which City may immediately terminate or suspend this Contract Agreement.
Section 11. CLAIMS BY THE CONTRACTOR
Claims by the Contractor against the City, other than for time extensions covered by Section 6
hereof, are subject to the following terms and conditions:
11.01 All Contractor claims against the City shall be initiated by a written claim submitted to the City.
Notice of such claim shall be received by the City no later than either 10 calendar days after the
event, or 10 calendar days after the first appearance of the circumstances causing the claim,
whichever is sooner, and same shall set forth in detail all known facts and circumstances
supporting the claim. Final costs associated with any claim upon which notice has been filed
must be submitted in writing to the City within 30 calendar days after notice has been received;
11.02 The Contractor and the City shall continue their performance hereunder regardless of the
existence of any claims submitted by the Contractor including claims set forth in Section 6
hereof;
11.03 In the event the Contractor discovers previously concealed and unknown site conditions which
are materially at variance from those typically and ordinarily encountered in the general
geographical location of the Project, the Contract Price may, with the approval of the City, be
modified, either upward or downward, upon the written notice of claim made by either party
within 10 calendar days after the first appearance to such party of the circumstances. Final
costs must be submitted within 30 calendar days after such notice is received by the City,
unless extended by written agreement of the parties. As a condition precedent to the City having
any liability to the Contractor due to concealed and unknown conditions, the Contractor must
give the City written notice of, and an opportunity to observe, such condition prior to disturbing
it. The failure by the Contractor to give the written notice and make the claim as provided by this
Section 11.03 and as required elsewhere under the Contract shall constitute a waiver by the
Contractor of any rights arising out of or relating to such concealed and unknown condition;
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11.04 In the event the Contractor seeks to make a claim for an increase in the Contract Price, as a
condition precedent to any liability of the City therefor, unless emergency conditions exist, the
Contractor shall strictly comply with the requirements of Section 11.01 above and such claim
shall be made by the Contractor before proceeding to execute any work for which a claim is
made. Failure to comply with this condition precedent shall constitute a waiver by the Contractor
of any claim for additional compensation;
11.05 In connection with any claim by the Contractor against the City that would result in
compensation in excess of the Contract Price, any liability of the City for the Contractor's cost in
this regard shall be limited to those cost categories set forth in Section 13.07 below.
Section 12. SUBCONTRACTORS
12.01 Prior to execution of the Contract, the Contractor shall have identified to the City in writing,
those parties required to be listed on the proposal form as subcontractors on the Project. Any
changes to this list at any time shall be subject to the prior approval of the City. The City shall, in
writing, state any objections the City may have to one or more of such subcontractors. The
Contractor shall not enter into a subcontract with an intended subcontractor to whom the City
objects. If at any time the City objects to a subcontractor, the Contractor shall solicit proposals
from potential replacements and shall submit the three lowest proposals to the City, along with
the Contractor's proposed choice as replacement. If the approved replacement subcontractor's
cost is verified to be higher than the removed subcontractor, the excess shall be added to the
Contract Price, unless the subcontractor in question has to be removed due to a default, or
deficient performance.
If the approved replacement subcontractor's cost is lower than the removed subcontractor, the
difference shall be deducted from the Contract Price. Subcontractor markups shall be limited to
those listed in Section 13.07 below.
All subcontracts shall afford the Contractor rights against the subcontractor which correspond to
those rights afforded to the City against the Contractor herein, including those rights of Contract
termination as set forth herein below.
12.02 Each and every subcontract related to the Project is hereby assigned by the Contractor to the
City, contingent upon the termination of the Contract for default or convenience as provided
herein, and only as to those subcontracts which the City accepts in writing directed to the
Contractor. This contingent assignment is subject to the prior rights of any surety obligated
under a bond related to the Contract. This contingent assignment will operate prospectively from
the effective date of assignment, and will not obligate the City to any liabilities existing on the
effective date of the assignment, or arising from events, acts, failures to act, facts or
circumstances existing prior to the effective date of the assignment. The contracts subject to this
contingent assignment shall also be further assignable by the City, at the City's sole option. The
Contractor shall bear the responsibility of notifying subcontractors of this contingent assignment
and including it in all subcontracts in connection with the Project.
Section 13. CHANGE ORDERS
13.01 The City Manager or the City Manager's express designee shall be the sole authorized
representative of the City. Other than in matters of public safety or in time of emergency
management, the Contractor shall not take direction or act upon information from any City
personnel other than the City Manager's expressly authorized designee(s).
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
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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.
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13.05 The execution of a Change Order by the Contractor shall constitute conclusive evidence of the
Contractor's agreement to the ordered changes in the work, the Contract as thus amended, the
Contract Price and the time for performance by the Contractor, regardless of the nature, amount
or extent of the changes. The Contractor, by executing the Change Order, waives and forever
releases any claim against the City for additional time or compensation for matters relating to,
arising out of or resulting from the work included within or affected by the executed Change
Order of which the Contractor knew or should have known.
13.06 The Contractor shall notify and obtain the consent and approval of the Contractor's surety with
reference to all Change Orders if such notice, consent or approval are required by the City, the
Contractor's surety or by law. The Contractor's execution of the Change order shall constitute
the Contractor's warranty to the City that the surety has been notified of, and consents to, such
Change Order and the surety shall be conclusively deemed to have been notified of such
Change Order and to have expressly consented thereto.
13.07 For the purpose of Change Orders, the following definitions of terms and other restrictions
apply:
Contractor's or Subcontractor's Materials shall include the cost of materials, sales tax, and the
cost of all transport. The cost of items listed shall be directly related to the Change Order.
Indirect costs not specifically related to the Change Order shall not be considered.
Contractor's or Subcontractor's Direct Labor Cost shall be limited to the hourly rate of directly
involved workmen, employer contributions towards company standard benefits, pensions,
unemployment or social security (if any), and employer costs for paid sick and annual leave.
Contractor's or Subcontractor's Overhead shall include license fees, bond premiums,
supervision, wages of timekeepers and clerks, incidentals, home and field office expense, and
vehicle expense directly related to the Project, and all other direct Project expenses not included
in the Contractor's materials, direct labor, and equipment costs.
The allowance for Overhead and Profit shall be limited to the following schedule
For the Contractor, for any work performed by the Contractor's own forces, 10% of the
Subtotal of Costs to the Contractor.
2. For the Contractor, for any work performed by his Subcontractor, 5% of the amount due the
Subcontractor.
3. For each Subcontractor or Sub -subcontractor involved, for any work performed by their own
forces, 10% of their materials and direct labor costs.
4. For each Subcontractor, for work performed by his Sub-subcontractor(s), 5% of the amount
due the Sub -subcontractor.
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For Change Orders, the total cost or credit to the Owner shall be based on the following
schedule:
Contractor's Materials Cost
+ Contractor's Direct Labor Costs
+ Contractor's Equipment Costs (includes owned/rental equipment)2
+ Applicable Subcontractor Costs
= Subtotal of Costs to the Contractor
+ Contractor's Overhead and Profit
= Total Cost or Credit to the Owner
13.08 Nothing Contained in this section shall be deemed to contradict or limit the terms of Section
6.05 above.
Section 14. DISCOVERING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK
14.01 In the event that the Contractor covers, conceals or obscures its work in violation of the Contract
or in violation of an instruction from the City, such work shall be uncovered and displayed for
review by the City and/or its consultants upon request, and shall be reworked at no cost in time
or money to the City.
14.02 If any of the work is covered, concealed or obscured in a manner not covered by Section 14.01
above, it shall, if directed by the City, be uncovered and displayed for the City and/or its
consultants. If the uncovered work conforms strictly with the Contract, the costs incurred by the
Contractor to uncover and subsequently, replace such work shall be borne by the City.
Otherwise, such costs shall be borne by the Contractor.
14.03 The Contractor shall, at no cost in time or money to the City, correct work rejected by the City as
defective or failing to conform to the Contract. Additionally, the Contractor shall reimburse the
City for all testing, review, inspections and other expenses incurred as a result thereof.
14.05 In addition to its warranty obligations set forth elsewhere in this Contract Agreement and any
manufacturer's warranties provided on the Project, and in addition to other remedies provided
herein or by law to the City, the Contractor shall be specifically obligated to promptly correct any
and all defective or nonconforming work, whether obvious or after -discovered, for a period of 12
months following Substantial Completion upon written direction from the City.
14.06 The City may, but shall in no event be required to, choose to accept defective or nonconforming
work. In such event, the Contract Price shall be reduced by the greater of (1) the reasonable
costs of removing and correcting the defective or nonconforming work, or (2) the difference
between the fair market value of the Project as constructed and the fair market value of the
Project had it not been constructed in such a manner as to include defective or nonconforming
work. If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate
the City for the acceptance of defective or nonconforming work, the Contractor shall, upon
1 Owned Equipment For equipment owned by the Contractor, actually used in Change Order work including sales tax, or any
related business entity, regardless of whether Contractor leases such equipment from the related business entity, the cost
shall be the lesser of (i) the Contractor's actual ownership cost, or (ii) 85% of the applicable ownership cost listed in the most
recent edition of the Contractor's Equipment Cost Guide, published by Dataquest.
Third Party Rental Equipment For equipment actually rented by the Contractor, actually used in Change Order work
including sales tax, from an unrelated third party, the cost shall be the lesser of (i) the Contractor's actual rental cost, or (ii)
85% of the applicable equipment rates based on the most recent edition of the Rental Rate Bluebook for Construction
published by Dataquest. A reasonable rental cost shall be allowed as determined by the City Manager or the City Manager's
designee when machinery and construction equipment not so listed is required.
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written demand from the City, pay the City such remaining compensation for accepting defective
or nonconforming work. The Contractor shall have an opportunity to correct any defect or non-
conformance prior to the City taking the above actions. The contractor, upon written notice of
any defect or non-conformance, shall have 10 calendar days to make corrections, unless the
City agrees that the correction will require more than 10 calendar days to correct.
Section 15. CITY'S RIGHT TO SUSPEND CONTRACTOR'S PERFORMANCE
15.01 In addition to the City's rights under Section 8 and elsewhere in this Contract Agreement, the
City shall have the right at any time to direct the Contractor to suspend its performance, or any
designated part thereof when in the interests of the City. If any such suspension is directed by
the City, the Contractor shall immediately comply with same.
15.02 In the event the City directs a suspension of performance under this section, through no fault of
the Contractor, if the suspension is lifted other than by Termination, the City shall pay the
Contractor as full compensation for such suspension the Contractor's ordinary and reasonable
costs, actually incurred and paid, of:
(1) demobilization and remobilization, including such justifiable costs paid to subcontractors
(cost categories and markups limited to those set forth in Section 13.07 above);
(2) preserving and protecting work in place;
(3) approved storage of materials or equipment purchased for the Project, including
insurance thereon; and
(4) substantiated extended field office overhead (but no home -office overhead).
15.03 The City may order suspension of the Work in whole or in part for such time as deemed
necessary because of the failure of the Contractor to comply with any of the requirements of this
Contract Agreement, and the Contract Agreement's completion date shall not be extended on
account of any such suspension of Work.
When the City orders any suspension of the Work under this Section 15.03, the
Contractor shall not be entitled to any payment for Work which the Contractor performs
after notice of suspension and/or during the suspension period and shall not be entitled
to any costs or damages resulting from such suspension.
15.04 The City's rights under this section shall be in addition to those contained elsewhere in the
Contract or provided by law.
Section 16. TERMINATION BY THE CITY
The City may terminate the Contract in accordance with the following terms and conditions:
16.01 Termination for Convenience. The City may, when in the interests of the City, terminate
performance under the Contract by the Contractor, in whole or in part, for the convenience of
the City. The City shall give written notice of such termination to the Contractor specifying when
termination becomes effective. The Contractor shall incur no further obligations in connection
with the work so terminated, other than warranties and guarantees for completed work and
installed equipment, and the Contractor shall stop work when such termination becomes
effective. The Contractor shall also terminate outstanding orders and subcontracts for the
affected work. The Contractor shall settle the liabilities and claims arising out of the termination
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of subcontracts and orders. The City may direct the Contractor to assign the Contractor's right,
title and interest under termination orders or subcontracts to the City or its designee. The
Contractor shall transfer title and deliver to the City such completed or partially completed work
and materials, equipment, parts, fixtures, information and Contract rights as the Contractor has
in its possession or control. When terminated for convenience, the Contractor shall be
compensated as follows:
(1) The Contractor shall submit a termination claim to the City specifying the amounts due
because of the termination for convenience together with costs, pricing or other data
required by the City. If the Contractor fails to file a termination claim within six months
from the effective date of termination, the City shall pay the Contractor, an amount
derived in accordance with subsection (3) below.
(2) The owner and the Contractor may agree to the compensation, if any, due to the
Contractor hereunder.
(3) Absent agreement to the amount due to the Contractor, the owner shall pay the
Contractor the following amounts:
(a) Contract costs for labor, materials, equipment and other services accepted under
the Contract;
(b) Reasonable costs incurred in preparing to perform and in performing the
terminated portion of the work, and in terminating the Contractor's performance,
plus a fair and reasonable allowance for direct job site overhead and earned
profit thereon (such profit shall not include anticipated profit or consequential
damages); provided however, that if it reasonably appears that the Contractor
would have not profited or would have sustained a loss if the entire Contract
would have been completed, no profit shall be allowed or included and the
amount of compensation shall be reduced to reflect the anticipated rate of loss, if
any;
(c) Reasonable costs of settling and paying claims arising out of the termination of
subcontracts or orders pursuant to Subsection (3)(a) above —if contingent
assignment of such contracts has not been elected as provided herein —shall not
include amounts paid in accordance with other provisions of the Contractor. This
clause is subject to and the Contractor shall be limited by the City's rights to
direct the replacement of subcontractors under Section 12.01.
The total sum to be paid the Contractor under this Subsection (3) shall not exceed the
total Contract Price, as properly adjusted, reduced by the amount of payments otherwise
made, and shall in no event include duplication of payment.
16.02 Termination for Cause. If the Contractor does not perform the work, or any part thereof, in a
timely manner, supply adequate labor, supervisory personnel or proper equipment or materials,
or if it fails to timely discharge its obligations for labor, equipment and materials, or proceeds to
disobey applicable law, or otherwise commits a violation of a material provision of the Contract,
then the City, in addition to any other rights it may have against the Contractor or others, may
terminate the performance of the Contractor, in whole or in part at the City's sole option, and
assume possession of the Project site and of all materials and equipment at the site and may
complete the work.
In such case, the Contractor shall not be paid further until the work is complete. After
Completion has been achieved, if any portion of the Contract Price, as it may be modified
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hereunder, remains after the cost to the City of completing the work, including all costs and
expenses of every nature incurred, has been deducted by the City, such remainder shall belong
to the Contractor. Otherwise, the Contractor shall pay and make whole the City for such cost.
This obligation for payment shall survive the termination of the Contract.
In the event the employment of the Contractor is terminated by the City for cause pursuant to
this Section 16.02 and it is subsequently determined by a Court of competent jurisdiction that
such termination was without cause, such termination shall thereupon be deemed a Termination
for Convenience under Section 16.01 and the provisions of Section 16.01 shall apply.
16.03 Termination for Non -Appropriation. The City may also terminate the Contract, in whole or in
part, for non -appropriation of sufficient funds to complete or partially complete the Project,
regardless of the source of such funds, and such termination shall be on the terms of Section
16.01.
16.04 The City's rights under this Section shall be in addition to those contained elsewhere herein or
provided by law.
Section 17. INSURANCE
17.01 Contractor shall be responsible for all damage to person and or property resulting from its
negligent acts, reckless or intentional misconduct, errors or omissions or those of their
subcontractors, agents or employees in connection with such services and shall be responsible
for all parts of its work, both temporary and permanent.
17.02 Contractor shall, at its own expense, procure and maintain throughout the term of this Contract
Agreement, with insurers acceptable to City, the types and amounts of insurance conforming to
the minimum requirements set forth in this Contract Agreement. Contractor shall not commence
work until the required insurance is in force and evidence of insurance acceptable to City has
been provided to, and approved by, City. An appropriate Certificate of Insurance shall be
satisfactory evidence of insurance. Until such insurance is no longer required by the Contract,
Contractor shall provide City with renewal or replacement evidence of insurance at least 30
days prior to the expiration or termination of such insurance.
17.03 Workers' Compensation/Employer's Liability Insurance
Worker's Compensation Insurance in accordance with statutory requirements, and Employers'
Liability Insurance with limits of not less than $1,000,000 for each accident.
General Liability Insurance
Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000
for each occurrence and not less than $1,000,000 in the aggregate, and with property damage
limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the
aggregate.
Automobile Liability Insurance
Automobile Liability Insurance with bodily injury limits of not less than $1,00,000 for each person
and not less than $1,000,000 for each accident, and with property damage limits of not less than
$1,000,000 for each accident.
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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
jlclericahanna\2018-127 4th & easton street rehab & drainage repair 2018\specs\contract\13-agreement doc CA-21 Contract Agreement
City, and attached hereto, with a Power of Attorney Affidavit, each in an amount not less than
the Contract price.
18.02 Sureties' qualifications. All bonds, to the extent required under the Contract, including, but not
by way of limitation, any Bid/Proposal Bond, Performance Bond, Payment bond, or Maintenance
Bond shall be written through a reputable and responsible surety bond agency licensed to do
business in the State of Texas and with a surety which holds a certificate of authority authorizing
it to write surety bonds in Texas and maintains a current certificate of authority as an acceptable
surety on Federal Bonds in accordance with U.S. Department of Treasury Circular 570.
However, if the amount of the bond exceeds the underwriting limitations set forth in the Circular,
in order to qualify, the net retention of the surety company shall not exceed the underwriting
limitation in the Circular and the excess risk must be protected by co-insurance, reinsurance, or
other methods in accordance with Treasury Circular 297, revised September 1, 1978 (3) CFR
Section 223.10 - Section 223.111 and the surety company shall provide the City with evidence
satisfactory to the City, that such excess risk has been protected in an acceptable manner.
18.03 Additional or replacement bond. It is further mutually agreed between the parties hereto that if,
at any time, the City shall deem the surety or sureties upon any bond to be unsatisfactory, or if,
for any reason, such bond (because of increases in the work or otherwise) ceases to be
adequate, the Contractor shall, at its expense within five days after the receipt of notice from the
City so to do, furnish an additional or replacement bond or bonds in such form, amount, and
with such surety or sureties as shall be satisfactory to the City. In such event, no further
payments to the Contractor shall be deemed to be due under the Contract until such new or
additional security for the faithful performance of the work shall be furnished in manner and form
satisfactory to the City.
18.04 As applicable to all bonds required under the Contract, the surety company shall have a Texas
agent whose name shall be listed in the prescribed space on the forms provided by the City for
all bonds required by the City, or otherwise listed therein if the form of the Bond is not
prescribed by the City.
Section 19. PROJECT RECORDS
All documents relating in any manner whatsoever to the Project, or any designated portion thereof,
which are in the possession of the Contractor, or any subcontractor of the Contractor, shall be made
available to the City and/or its consultants for inspection and copying upon written request by the City.
Furthermore, said documents shall be made available, upon request by the City, to any state, federal or
other regulatory authority and any such authority may review, inspect and copy such records. Said
records include, but are not limited to, all drawings, plans, specifications, submittals, correspondence,
minutes, memoranda, tape recordings, videos, or other writings or things which document the Project,
its design, and its construction. Said records expressly include those documents reflecting the cost of
construction to the Contractor. The Contractor shall maintain and protect these documents for not less
than three years after completion of the Project, or for any longer period of time as may be required by
law or good construction practice. The Contractor further agrees to include these provisions in any
subcontracts issued by him in connection with this Contract Agreement.
Section 20. APPLICABLE LAW
The laws of the State of Texas shall govern this Contract Agreement. In any litigation arising under this
Contract Agreement, the parties agree to a waiver of the right to a trial before a jury, and all such
litigation shall be litigated only in a non -jury hearing in Collin County, Texas.
jAclerical\anna\2018-127 4th & easton street rehab & drainage repair 2018\specs\contract\13-agreement doc CA-22
Contract Agreement
Section 21. SUCCESSORS AND ASSIGNS
Each party binds itself, its successors, assigns, executors, administrators or other representatives to
the other party hereto and to successors, assigns, executors, administrators or other representatives of
such other party in connection with all terms and conditions of the Contract. The Contractor shall not
assign the Contract without prior written consent of the City.
Section 22. MISCELLANEOUS PROVISIONS
22.01 Construction Permits. The City hereby agrees to waive the charge for a City -issued building
permit for this Project. However, the Contractor is responsible for obtaining all permits or fees
otherwise required of the Contractor by the Contract Documents, or permits and fees
customarily the responsibility of the Contractor.
22.02 Compliance By Contractor: Nondiscrimination. Contractor shall comply with all Federal, State
and local laws, ordinances, rules and regulations of any authorities throughout the duration of
the Contract. The Contractor shall be responsible for compliance with any such law, ordinance,
rule or regulation and shall hold City harmless and indemnify same in the event of non-
compliance. Contractor further agrees to abide by the requirements under Federal Executive
Order Number 11246, as amended, including specifically the provisions of the equal opportunity
clause.
22.03 State and Local Taxes. Except as otherwise provided, contract prices shall include all applicable
state and local taxes. Contractor shall indemnify and hold harmless the City for any loss, cost or
expense incurred by, levied upon or billed to the City as a result of Contractor's failure to pay
any tax of any type due in connection with this Contract Agreement. Contractor shall ensure that
the above sections are included in all subcontracts and sub -subcontracts, and shall ensure
withholding on out of state sub and sub -subcontractors to which withholding is applicable.
22.04 Any and all notices required to be sent under the Contract or otherwise shall be sent to the
following:
If to the City:
City of Anna
Attn: City Manager
111 North Powell Parkway
P.O. Box 776
Anna, Texas 79406
If to the Contractor:
HD Cooks Rock Solid, Inc.
Charlie Cook, Project Manager _
664 Manor Dr.
Argyle, Texas 76226
(817) 994-9408
jAdericakanna\2018-127 4th & easton street rehab & drainage repair 2018\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
Maurice Schwanke, City Manager
ATTEST:
Carrie Smith, City Secretary
(SEAL)
HD COOKS ROCK SOLID, INC.
Contractor
L�
Print Name: Heather Cook
Title: President
ATTEST
SECRETARY
(SEAL)
jAderical\anna\2018-127 4th & easton street rehab & drainage repair 2018\specs\contract\13-agreement doc CA-24 Contract Agreement
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS, that HD Cooks Rock Solid, Inc. (hereinafter
called the Principal(s)), as Principal(s), and SureTec Insurance 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 Dollars
($ ) (an amount equal to five percent of the Total Bid Price, including Cash
Allowances and Alternate Bids, if any) lawful money of the United States for the payment
whereof, the said Principal and Surety bind themselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted on or about this day a proposal offering to
perform the following project:
4T" AND EASTON STREET REHABILITATION and DRAINAGE REPAIR 2018
NOW, THEREFORE, if the said Principal's bid as stated in its proposal is accepted by
the City, and said Principal executes and returns to the City the number of original
counterparts of the Contract Agreement required by the City, on the forms prepared by the
City, for the work described herein and also executes and returns the same number of the
Performance, Payment and Maintenance Bonds (such bonds to be executed by a Corporate
Surety authorized by the State Board of Insurance to conduct insurance business in the State
of Texas, and having an underwriting limitation in at least the amount of the bond) in
connection with the work described herein, within the time specified, then this obligation shall
become null and void; otherwise it is to remain in full force and effect.
In the event that the Principal is unable to or fails to perform the obligations undertaken
herein, the undersigned Principal and Surety shall be liable to the City for the full amount of
this obligation which is hereby acknowledged as the amount of damages which will be suffered
by the City on account of the failure of such Principal to perform such obligations, the actual
amount of such damages being difficult to ascertain.
Notices required or permitted hereunder shall be in writing and shall be deemed
delivered when actually received or, if earlier, on the third day following deposit in a United
States Postal Service post office or receptacle, with proper postage affixed (certified mail,
return receipt requested), addressed to the respective other party at the address prescribed in
the Contract Documents, or at such other address as the receiving party may hereafter
prescribe by written notice to the sending party.
j:\c1erica1\anna\2018-127 4th & easlon street rehab & drainage repair 2018\specs\contract\14-bonds.doc B-1 Bonds
IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed
this instrument this day of , 20
SureTec Insurance Company_
Surety
LM
HD Cooks Rock Solid, Inc_.
Principal
Print Name: Frank Swingle Print Name: Heather Cook
Title: Attorney -in -Fact Title: President
Address: 1330 Post Oak Blvd., #1100 Address: 664 Manor Dr.
Houston, Texas 77056 Argyle, Texas 76226
Phone/Fax: (713) 812-0800 Phone/Fax: _ 817 994-9408
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 Frank Swingle, Attorney -in -Fact, an agent resident in Harris 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.
SureTec Insurance Company
Surety
Print Name: Frank Swingle, Attorney -in -Fact
Address: 1330 Post Oak Blvd., #1100
Houston, Texas 77056
Phone/Fax:
NOTE: If signed by an officer of the Surety Company, there must be on file a certified
extract from the by-laws showing that this person has authority to sign such
obligation. If signed by an Attorney -in -Fact, we must have a copy of the Power
of Attorney for our files, AND ATTACHED TO THIS BOND.
jAc1erica1\2nna\2018-127 4th & easton street rehab & drainage repair 2018\specs\contract\14-bonds.doc B-2
Bonds
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that HD Cooks Rock Solid, Inc. (hereinafter
called the Principal(s)), as Principal(s), and SureTec Insurance 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
Dollars ($ ) lawful money of
the United States for the payment whereof, the said Principal and Surety bind themselves, and
their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has entered into a certain written Contract Agreement with the
Obligee, dated the day of , for the following project:
4T" AND EASTON STREET REHABILITATION and DRAINAGE REPAIR 2018
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.
j:\c1erica1\anna\2018-127 4th & easton street rehab & drainage repair 2018\specs\contract\14-bonds doc B-3 Bonds
IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed
this instrument this day of , 20
SureTec Insurance Compan
Surety
LM
Print Name: Frank Swingle
Title: Attorney -in -Fact
Address: 1330 Post Oak Blvd., #1100
Houston, Texas 77056
HD Cooks Rock Solid, Inc.
Principal
By:
Print Name: Heather Cook
Title: President
Address: 664 Manor Dr.
Argyle, Texas 76226
Phone/Fax: (Tlq)_812-0800 _ Phone/Fax: 817 994-9408
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 , Frank Swingle Attorney -in -Fact, an agent resident in Harris 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.
SureTec Insurance Company
Surety
Print Name: Frank Swingle, Attorney -in -Fact
Address
1330 Post Oak Blvd., #1100
Houston. Texas 77056
Phone/Fax: (713) 812-0800
NOTE: If signed by an officer of the Surety Company, there must be on file a certified
extract from the by-laws showing that this person has authority to sign such
obligation. If signed by an Attorney -in -Fact, we must have a copy of the Power
of Attorney for our files, AND ATTACHED TO THIS BOND.
jAclerical\anna\2018-127 4th & easton street rehab & drainage repair 2018\specs\contract\14-bonds doc B-4 Bonds
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS, that HD Cooks Rock Solid, Inc. (hereinafter
called the Principal(s)) as Principal(s), and SureTec Insurance 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:
Dollars ($ ) lawful money of
the United States for the payment whereof, the said Principal and Surety bind themselves, and
their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has entered into a certain written Contract Agreement with the
Obligee, dated the day of , for the:
4T" AND EASTON STREET REHABILITATION and DRAINAGE REPAIR 2018
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.
jiclerical\anna\2018-127 4th & easton street rehab & drainage repair 2018\specs\ccntract\14-1bonds doc B-Jr
Bonds
IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed
this instrument this day of . 20
SureTec Insurance Company
Surety
�. By.
Print Name: Frank Swingle
Title: Attorney -in -Fact
Address: 1330 Post Oak Blvd., #1100
Houston, Texas 77056
HD Cooks Rock Solid, Inc.
rnncipai
Print Name: Heather Cook
Title: President
Address: 664 Manor Dr.
Argyle, Texas 76226
Phone/Fax: (713) 812-0800 Phone/Fax: (817) 994-9408
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 Frank Swingle, Attorney -in -Fact, an agent resident in Harris 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.
SureTec Insurance Corn
Surety
By: -
Print Name
Address:
Frank Swingle, Attorney -in -Fact
1330 Post Oak Blvd., #1100
Houston, Texas 77056
Phone/Fax: (713) 812-0800
NOTE: If signed by an officer of the Surety„ Company, there must be on file a certified
extract from the by-laws showing that this person has authority to sign such
obligation. If signed by an Attorney -in -Fact, we must have a copy of the Power
of Attorney for our files, AND ATTACHED TO THIS BOND.
jAclerical\anna\2018-127 4th & easton street rehab & drainage repair 2018\specs\contract\14-bonds doc B-6 Bonds
MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS
THAT HD Cooks Rock Solid, Inc. as PRINCIPAL, and SureTec Insurance Company, a
CORPORATION organized under the laws of State of Texas as SURETIES, do hereby
expressly acknowledge themselves to be held and bound to pay unto the City of Anna, a
municipal corporation at Anna, Collin County, Texas the sum of
Dollars ($ ) for the
payment which sum well and truly to be made until said City of Anna and its successors, said
PRINCIPAL AND SURETIES do hereby bind themselves, their assigns and successors jointly
and severally.
THIS obligation is conditioned, however, that whereas said HD Cooks Rock Solid, Inc., the
Contractor, did on , 20 enter into a written Contract
Agreement with the said City of Anna to build and construct:
4T" AND EASTON STREET REHABILITATION and DRAINAGE REPAIR 2018
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.
jAclerical\anna\2018-127 41h & easton street rehab & drainage repair 2018\specs\contract\14-bonds doc B-7 Bonds
IN WITNESS WHEREOF, the said HD Cooks Rock Solid, Inc. (Contractor), has caused
these presents to be SureTec Insurance Company (Surety Co.), executed by its ATTORNEY -
IN -FACT Frank Swingle and the said ATTORNEY -IN -FACT Frank Swingle, has hereunto set
his hand this the day of , 20
SureTec Insurance Com
Surety
Print Name: Frank Swinale
Title: Attorney -in -Fact
Address: 1330 Post Oak Blvd.. #1100
Houston, Texas 77056
Phone/Fax: (713) 812-0800
HD Cooks Rock Solid, Inc.
Principal
Print Name: Heather Cook
Title: President
Address: 664 Manor Dr.
Argyle, Texas 76226
Phone/Fax: (817) 994-9408
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 sinned by an Attorney -in -Fact, we must have a copy of the Power
of Attornev for our files. AND ATTACHED TO THIS BOND.
jAcleric0anna\2018-127 4th & easton street rehab & drainage repair 2018\specs\contract\14-bonds.doc B-8 Bonds
CERTIFICATE OF INSURANCE
j:\clerical\anna\2018-127 4th & easton street rehab & drainage repair 2018\specs\contract\15-insurance.doc CI-1 Certificate of Insurance
FORM 1295 INSTRUCTIONS
Certificate of Interested Parties
www.ethics.state.tx.us/File
1295 Information
Page 1 of 2
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 (with a few exceptions) only to a contract between a business entity and 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.
Changed or Amended Contracts:
Form 1295 is only required for a change made to an existing contract in certain
circumstances: (1) if a Form 1295 was not filed for the existing contract, then a filing is only
required if the changed contract either requires an action or vote by the governing body or
the value of the changed contract is at least $1 million; or (2) if a Form 1295 was filed for
the existing contract, then another filing is only required for the changed contract if there is
a change to the information disclosed in the Form 1295, the changed contract requires an
action or vote by the governing body, or the value of the changed contract increases by at
least $1 million.
As required by law, 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 section 2252.908 of the Government Code.
Filing Process:
A business entity must use the Form 1295 filing application the Commission created to
enter the required information on Form 1295 and print a copy of the completed form. Once
entered into the filing application, the completed form will include a unique certification
number, called a "certification of filing."
An authorized agent of the business entity must sign the printed copy of the form affirming
under the penalty of perjury that the completed form is true and correct.
The completed, printed, and signed Form 1295 bearing the unique certification of filing
number must be filed with the governmental body or state agency with which the business
entity is entering into the contract.
Acknowledgement by State Agency or Governmental Entity:
https://www.ethics.state.tx.us/tec/1295-Info.htm 8/1/2018
1295 Information
Page 2 of 2
The governmental entity or state agency must acknowledge receipt of the filed Form 1295
with the certification of filing, using the Commission's filing application, 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 the governmental entity or state agency acknowledges receipt of the form.
Additional Information:
Section 2252.908, Government Code.
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 (includes new rule 46.4, regarding changes to
contracts, which went into effect on January 1, 2017)
Frequently Asked Questions
Last Revision: December 21, 2017
https://www.ethics.state.tx.us/tec/1295-Info.htm 8/1/2018
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 art to the contract for
9 Y 9 Y party
which the form is being filed.
3 Provide the identification number used by the governmental entity or state agency to t k o identify the contract,
and provide a description of the services, goods, or other property to be provided e contract.
4
,Nature of Interest (check applicable)
Name of Interested Party
City, State, Country
(place of business)
♦ ✓
Controlling Intermediary
5
Check only if there& I terested Party. ❑
5 UNSWORN DEC;i N
My name is and my date of birth is _
My addre
(street) (city) (state) (zip code) (country)
d �rnder penalty of perjury that the foregoing is true and correct.
Executed in County, State of _ , on the day of 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
ADD ADDITIONAL PAGES AS NECESSARY
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 12/22/2017
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,
(Surveyor's Name
poll
construction staking is tied to the project control system.
Signature Date
(Company)
certifies that all
Printed Name
Note: To be submitted when construction staking control and cut sheet staking commences.
jAclerical\anna\2018-127 4th & easton street rehab & drainage repair 2018\specs\contract\19-construction stakingdocx
Item No. 9.
City Council Agenda
Staff Report
Meeting Date: 9/11/2018
AG E ND A IT E M :
Consider/Discuss/Action approving an Ordinance amending P art I I I -A Subdivision Regulations,
A rticle 4, P ark land and P ublic Facility Dedication, and Part I V Schedule of F ees, Article 4,
S ection 5 and 6; Article 2 S ection 3.03 F ire P lan Review and I nspection Services F ees; Article 7
Utility Fees, Section 1, Garbage Collection Charges, Section 2, Water Meter S et F ees, and
S ection 7, Rereading Meters of T he Anna City Code of Ordinances. (Maurice Schwanke)
S UM M ARY:
Staff has reviewed the current charges related to P ark L and Development, F ire I nspection and
Water Meters and looked at what other surrounding cities charge so that we stay competitive.
S t a f f has developed recommendations that address P ark L and D evelopment F ees, Fire
I nspection F ees, Garbage C ollection Charges and Water Meter F ees which are contained in the
attached proposed ordinance.
S TAF F RE C O M M E ND AT I O N:
Staff recommends you amend the ordinance.
AT TAC HM E NT S :
Description Upload Date Type
Ordinance 9/7/2018 Ordinance
CITY OF ANNA, TEXAS
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY
CODE OF ORDINANCES BY AMENDING PART III-A; SUBDIVISION
REGULATIONS & ADDING PART IV SECTION 5-10; SCHEDULE OF FEES;
AMENDING PART IV ARTICLE 4 DEVELOPMENT FEES, SECTIONS 5 AND 6;
PART IV ARTICLE 2, SECTION 3.03 FIRE PLAN REVIEW AND INSPECTION
SERVICES FEES; AMENDING AND ADDING TO PART IV SCHEDULE OF FEES,
ARTICLE 7, UTILITY FEES, SECTION 1 GARBAGE COLLECION CHARGES,
SECTION 2, WATER METER SET FEES, AND SECTION 7, REREADING METERS
PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT
TO EXCEED $500; PROVIDING FOR SAVINGS, SEVERABILITY, AND
REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas (“the City”) has previously adopted
ordinances, rules and regulations governing Schedule of Fees; and
WHEREAS, the City of Anna, Texas City Council has investigated and determined
that it would be advantageous and beneficial to the City and its citizens to amend
Part III-A Subdivision Regulations, Article 4, Park land and Public Facility Dedication,
and Part IV, Article 4, Section 5 and 6; Part IV Article 2 ,Section 3.03 Fire Plan
Review Inspection Services Fees, Part IV Schedule of Fees, Article 7 Utility Fees, Section
1 Garbage Collection Fess, Section 2 Water Meter Set Fees, and Section 7 Rereading Meters
of The Anna City Code of Ordinances (“Anna Code”) by adjusting rates for park
land dedication and park land development to reflect market fee structures in
comparable communities;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above-referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Amendment.
In accordance with Part II, Article 1, Section 9 of Anna, the following amendments are
made to Part III-A Subdivision Regulations, Article 4, Park land and Public Facility
Dedication and by adding Part IV Schedule of Fees, Article 4 Development Fees,
Section 5 paragraphs 10 and Section 6; amending Part IV Schedule of Fees, Article
2 Section 3.03 Fire Plan Review and Inspection Services Fees; amending Part IV
Schedule of Fees, Article 7 Utility Fees, Section 1 Garbage Collection Fees, Section
2 Water Meter Set Fees, and Section 7 Rereading Meters:
Part III-A Article 4
5.03 General Requirement: Dedication of Land and Payment of Park
Development Fee
(d) Park Development Fee. In Addition to the required dedication of land, as set forth
above, there shall also be a park development fee paid to the City of Anna as a
condition of Plat approval. Such park development fee shall be set from time to time by
ordinance of the City Council and shall be sufficient to provide for the development of
amenities and improvements on the dedicated land to meet the standards for a
neighborhood park to serve the area in which the Subdivision is located. Unless and
until changed by an ordinance amendment of the City Council of the City of Anna, the
park development fee shall be calculated on the basis of $750 per dwelling unit. Park
development fees are found in Part IV (Schedule of Fees) of this Code. Such fee shall
be paid at the time of application for a building permit.
5.04 Cash in Lieu of Land
(b) Fee. The cash payment in lieu of land dedication shall be met by the payment of a
fee set from time to time by ordinance of the City Council sufficient to acquire
neighborhood park land. Unless and until changed by the City Council, such fee shall
be computed on the basis of $250 per dwelling unit. Cash payment fees in lieu of land
dedication is found in Part IV Article 5 (Schedule of Fees) of this Code. Such fee shall
be paid by the Developer prior to filing of the Final Plat.
Part IV Article 4 Development Fees, Section 5
10. Cash in Lieu of park land dedication will be $600 per lot and payable prior
filing a final plat at the County.
Part IV Article 4 Development Fees, Section 6
Section 6. Parks, School Sites, Public Areas Permit Fees
A fee in the amount of $750 for each single family residential unit and each
multifamily unit $1,500 for each single family residential unit and $2,000 for
each multifamily unit built in the city shall be paid to the City of Anna at the time
of application for a building permit. Said fee shall be retained in a special
account to be used for park, recreation, and open space capital improvements,
including purchase of land. The City Council retains the right to negotiate with
the subdivider in individual cases in which the subdivider desire to donate
property with special features and /or value. In such cases, the amount of the
park fee may be reduced.
Part IV Article 2, Section 3.03
3.03 Fire Plan Review and Inspection Services Fees
Fire Code Plan Review Services (fire alarm and sprinkler system)
Up to $250,000 $500
$250,001 to $500,000 $850
$500,001 to $1,000,000 $1,100
$1,000,001 to $3,000,000 $1,600
$3,000,001 to $6,000,001 $2,400
$6,000,001 and up $2.400 plus $0.25 for each additional $1,000
Fire Code Inspection Services (fire alarm and sprinkler system)
Valuation is based on construction valuation for project.
(Ord. No. 494-2010, adopted 4/13/2010)
3.03 Fire Plan Review and Service Fees:
Schedule of Permit Fees - Fire Dept. Fee Assignment
Column1 Column2 Column3
Permit Description (Construction & Operational)
Flam./Combust. Liquids Aboveground Storage Tank
(AST) $120.00 3rd party
Flam./Combust. Liquids Underground Storage Tank
(UST) $120.00 3rd party
Access Control System $90.00 FD internal
F.D. Gate Access System $90.00 FD internal
Fire Alarm System (full) $150.00 3rd party
Fire Alarm System (alteration or modification) $90.00 FD internal
Fire Alarm System (Waterflow Monitoring) $100.00 3rd party
Fire Sprinkler System (full) $250.00 3rd party
Fire Sprinkler System (alteration or modification) $90.00 FD internal
Fire Sprinkler Permit (partial) $100.00 3rd party
Fireworks/Pyrotechnics {1.3G or >} (Operational
Permit) $300.00 FD internal
Fireworks/Pyrotechnics {1.4G or <} (Operational
Permit) $200.00 FD internal
Commercial Cooking Hood System $100.00 3rd party
Paint Booth (Operational Permit) $90.00 3rd party
Tent Permit (Operational Permit) $60.00 FD internal
Fire Pump $150.00 3rd party
Clean Agent System $100.00 3rd party
Underground Fire Main/Remote FDC $90.00 FD internal
Emergency Generator $100.00 FD internal
Hazardous Materials (Operational Permit) $100.00 3rd party
Up to $250,000 $750
$250,001 to $500,000 $1,050
$500,001 to 1,000,000 $1,350
$1,000,001 to $3,000,000 $1,900
$3,000,001 to $6,000,001 $2,850
$6,000,001 and up $2,850 plus $0.25 for each additional $1,000
Fuel Dispensing System $100.00 3rd party
Cryogenics $100.00 3rd party
Compressed Gasses $90.00 3rd party
Special Events/Amusement Rides (Operational
Permit) $100.00 FD internal
Food Trucks (Operational Permit) $60.00 FD internal
Battery System / Solar Photovoltaic Power System $60.00 3rd party
High-Piled / High-Rack Storage (Operational Permit) $150.00 3rd party
Industrial Oven $90.00 3rd party
Smoke Control / Smoke Exhaust System $100.00 3rd party
Standpipe System $90.00 3rd party
Two-Way Communication System $90.00 3rd party
Miscellaneous Fees
After Hours Inspection (2 hour minimum) $75.00 per hour
Re-Inspection (1st) $50.00
per
inspection
Re-Inspection (2nd) $100.00
per
inspection
Re-Inspection (3rd) $150.00
per
inspection
Fire Watch (4 hour minimum per Firefighter/Medic) $75.00 per hour
Fire Apparatus $400.00 per hour
*revised 8/18 (RI)
Part IV Schedule of Fees, Article 7, Section 1
Section 1. Garbage Collection Charges
*Lost polycart $75 fee
Part IV Schedule of Fees, Article 7, Section 2
Section 3. Water Meter Set Fees
The following fees shall be charged to the Customer when a water meter is set
at a location having an existing tap to the City of Anna water system:
Water Meter Size/Type Fee
¾” $315
1” $410
1 ½” $650
2” $850
4” $2,050 $3050
6” and over $4,275 $5100
over 6” will be at list
pricing provided
by city approved
vendor
Part IV Schedule of Fees, Article 7, Section 7
Section 7. Rereading Meters
Any municipal utility meter shall be reread upon complaint of the Customer and
when the meter is found to have been correctly read originally, the complaining
Customer shall pay a fee of $10 $35. Any municipal water meter shall be taken
out and tested upon request of the Customer and if, upon test, the meter is not
within 3% of being accurate, it shall be repaired or replaced and the water bill
adjusted appropriately up to a maximum of three months. If upon test the
meter is found to be within 3% of accuracy the Customer shall pay a fee of $50
$100.
Section 3. Penalty.
Any violation of any of the terms of this ordinance, whether denominated in this
ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted
of any such violation shall be fined in an amount not to exceed $500 for each
incidence of violation. Each violation is considered a separate offense and will be
punished separately.
Section 4. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed
to the extent of that conflict. If any provision of this ordinance shall be held to be invalid
or unconstitutional, the remainder of such ordinance shall continue in full force and
effect the same as if such invalid or unconstitutional provision had never been a part
hereof. The City declares that it would have passed this ordinance, and each section,
subsection, clause, or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, and phrases be declared unconstitutional
or invalid.
Section 5. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective from and after its passage and upon
the posting and/or publication, if required by law, of its caption and the City Secretary
is hereby directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, this ______ day of
_____________, 20____.
ATTESTED:
_________________________
City Secretary, Carrie L. Smith
APPROVED:
_________________________
Mayor, Nate Pike
Item No. 10.
City Council Agenda
Staff Report
Meeting Date: 9/11/2018
AG E ND A IT E M :
Consider/Discuss/Action regarding a Resolution setting a P ublic Hearing for the purpose of
amending the City's Capital I mprovements Plan, L and Use A ssumptions and I mpact Fees.
(J oseph J ohnson)
S UM M ARY:
I mpact fees are authorized under C hapter 395 of the Texas L ocal Government Code and may be
imposed upon new developments to fund both existing and proposed infrastructure that is
necessary to provide service to a development. The City's roadway impact fee was last updated in
2014. B y statute the City is required to review the L and Use A ssumptions and Capital
I mprovement Plan (C I P ) at least once every 5 years but may update them sooner as growth
patterns, land use and inf rastructure needs change. S everal projects on our adopted C I P have
been constructed or may begin construction soon and new inf rastructure needs have become
apparent.
Over the past several months staff has worked with our engineering consultant to identify new
projects that should be added to our C I P. S ubsequently, land use assumptions, population
projections and calculated maximum f ees were evaluated with new recommendations for the
population projections, and calculated maximum fees.
On September 10, 2018 the draf t roadway impact f ee report was presented to the I mpact F ee
Advisory Committee. I n order to move f orward with updating the C I P, L and Use A ssumptions and
I mpact F ees, the Texas L ocal Government C ode, Chapter 395 requires that the City C ouncil set
a date and time to hold a public hearing. T he report is hereby submitted to the City C ouncil and is
now available for public review.
S TAF F RE C O M M E ND AT I O N:
Staff recommends approval of the attached Resolution setting a Public Hearing for October 23,
2018 at 7:30 P M f or the purpose of receiving public comment on proposed amendments to the
City's Capital I mprovements Plan, L and Use A ssumptions and I mpact Fees.
AT TAC HM E NT S :
Description Upload Date Type
Resolution 9/5/2018 Resolution
Roadway I mpact F ee Report 9/5/2018 Exhibit
RESOLUTION: Set Public Hearing – Roadway Impact Fee Update PAGE 1 OF 1 9/11/18
CITY OF ANNA, TEXAS
RESOLUTION NO. __________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEX AS , SETTING A
DATE FOR A PUBLIC HEARING FOR THE PURPOSES OF AMENDING THE CITY’S
CAPITAL IMPROVEMENTS PLAN, LAND USE ASSUMPTIONS AND ROADWAY IMPACT
FEES.
WHEREAS, Chapter 395 of the Local Government Code has outlined the procedure for
updating impact fees periodically; and,
WHEREAS, it is desirable to update the impact fees assessed by the City of Anna; and
WHEREAS, an engineering study has been complet ed on the existing and proposed road
infrastructure to meet the needs of the City for future development;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT A PUBLIC HEARING SHALL BE HELD TO APPROVE
AMENDMENTS TO THE CAPITAL IMPROVEMENTS PLAN, LAND USE
ASSUMPTIONS AND IMPACT FEES, AS PROVIDED BY CHAPTER 395 OF THE
TEXAS LOCAL GOVERNMENT CODE, AS FOLLOWS:
Section 1.
The public hearing will be held at 7:30 pm at 111 N. Powell Parkway, Anna, TX 75409 on
October 23, 2018.
Section 2.
Any member of the public has the right to appear at the public hearing and present evidence
for or against the plan and proposed fees.
Section 3.
A public notice shall be posted for the public hearing meeting all the requirement s of Chapter
395 of the Texas Local Government Code for the amendment of impact fees.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 11th day
of September 2018.
ATTEST: APPROVED:
_____________________________ ____________________________
City Secretary Carrie L. Smith Mayor Nate Pike
ROADWAY IMPACT FEE UPDATE
2018 - 2028
Prepared For:
THE CITY OF
manna
BIRKHOFF, HENDRICKS & CARTER, L.L.P.
PROFESSIONAL ENGINEERS - TBPE Firm No. 526
DALLAS, TEXAS
September 2018
w V041
f
r* *..i
� GARY C. HENQRICKS �
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j:\clerical\anna\2018-137 roadway impact fee\reports\03-index.docx - i -
CITY OF ANNA
2018-2028 ROADWAY IMPACT FEE UPDATE
TABLE OF CONTENTS
Page No.
I. INTRODUCTION ....................................................................................................................... 1
II. LAND USE ASSUMPTIONS (Provided by City of Anna) ....................................................... 1
· Table No. 1 – Summary of Land Use Data .................................................................................. 1
III. ROADWAY SERVICE AREAS .................................................................................................. 2
IV. CAPITAL IMPROVEMENT PLAN ............................................................................................ 2
· Figure No. 1 – Capital Improvement Plan Project Map .......................................................... 4
· Table No. 2 – Capital Improvement Plan Project List ............................................................ 4
V. IMPACT FEE CALCULATION .................................................................................................. 6
· Table No. 3 – Service Unit Calculation by Land Use Type .................................................... 7
· Table No. 4a – Vehicle Mile Calculation by Land Use and Service Area .............................. 8
· Table No. 4b – Summary of Vehicle Miles by Service Area and Development Period ......... 8
· Table No. 5 – Summary of Capital Improvement Cost by Service Area ................................ 9
· Table No. 6 – Land Use Equivalency ..................................................................................... 9
· Table No. 7 – Impact Fee Calculation by Service Area ........................................................ 10
VI. SUMMARY OF IMPACT FEE CALCULATION METHODOLOGY ..................................... 10
· Maximum Impact Fee Calculation for Service Area 1.......................................................... 11
· Maximum Impact Fee Calculation for Service Area 2.......................................................... 11
VII. IMPACT FEE CALCULATION EXAMPLES ........................................................................ 11
· Table No. 8 – Common Roadway Land Use Equivalencies ................................................ 12
· Service Area 1 and Service Area 2 Example Impact Fee Calculation .................................. 13
j:\clerical\anna\2018-137 Roadway impact fee\reports\03-report Page 1 of 13- Roadway Impact Fee Update 2018-2028
CITY OF ANNA
THOROUGHFARE CAPITAL IMPROVEMENT PLAN
ROADWAY IMPACT FEES
I. INTRODUCTION
Chapter 395 of the Texas Local Government Code allows for the financing of capital improvements
by municipalities through the implementation of impact fees. The land use assumptions and capital
improvement plans utilized to develop the roadway impact fees must be reviewed and updated every
five (5) years. The update of the impact fees is performed following these basic steps:
1. Development of land use assumptions to identify types and intensities of land use within the
City.
2. Development of a Capital Improvement Plan to include improvements planned for the next
10-year period to accommodate growth in the City.
3. Development of the calculated and the maximum impact fee.
II. LAND USE ASSUMPTIONS
One of the initial steps in developing roadway impact fees includes the identification of data related
to the planned land uses for land within the City of Anna city limits. The land use data provided by
the City of Anna included projected growth by land use type and the locations they are expected to
occur over the next 10 years (2018-2028) and at build-out. A summary of the land use data provided
for the land within the city limits of Anna is provided in Table 1.
Table 1- Summary of Land Use Data
Unit
Service
Area
Service
Area 1
Service
Area 2 Total Service
Area 1
Service
Area 2 Total Service
Area 1
Service
Area 2 Total Service
Area 1
Service
Area 2 Total
2018 3,667 1,347 5,014 23 15 38 85 25 110 25 10 35
2028 6,164 3,200 9,364 45 65 110 140 40 180 115 45 160
Ultimate 15,938 7,638 23,576 84 125 209 550 250 800 250 130 380
Notes:
1)Utlimate Residential and Non-Residential Development Capacity is limited to Build-Out in the current 2018 City Limits
2) 20%
Land Use Residential
Non- Residential Uses
Industrial Retail Office
Dwelling Units Acres Acres Acres
of non-residential area is assumed developable for the Vehicle-Mile Calculation
j:\clerical\anna\2018-137 Roadway impact fee\reports\03-report Page 2 of 13- Roadway Impact Fee Update 2018-2028
III. ROADWAY IMPACT FEE SERVICE AREAS
For the purpose of roadway impact fees, the roadway service area is limited to the now current City
Limits. Additionally, the roadway service areas can not extend in any direction more than 6-miles.
The City’s’ original roadway impact fee calculation and report identified and defined two (2)
roadway services. These service areas are generally divided by State Highway 5 (Powell Parkway)
and are shown in Figure 1.
IV. CAPITAL IMPROVEMENT PLAN
After the land use assumptions within the City have been identified, and with the help of the City's
Thoroughfare Plan, a 10-year Capital Improvement Plan (CIP) is developed. This capital
improvement plan includes projects intended for construction by the City of Anna in the next 10
years to serve both existing and future development. In order to be funded by roadway impact fees, a
roadway project must be included in the 10-year CIP.
Existing Facilities
The City of Anna major roadway and collector street system is partially developed at this time.
Several roadways in developed areas are partially built to current thoroughfare plan standards. Many
existing streets are two-lane (20' - 40' width) asphalt roadways with open surface drainage. Many of
the proposed roadway segments on the thoroughfare plan do not currently exist.
The existing major roadways within the City include US Highway 75 (US 75), State Highway 5 (SH
5)/Powell Street, FM 455/White Street, and SH 121. Existing major collectors include segments of
Rosamond Parkway and Ferguson Parkway. The major roadways identified above (US 75, SH 5, FM
455, and SH 121) are under the operation and maintenance jurisdiction of the Texas Department of
Transportation (TxDOT).
Proposed Facilities
The City of Anna adopted a Comprehensive Plan in 2010, including a thoroughfare plan that is the
basis for development of the future street system. The thoroughfare system is a conventional network
conforming to a hierarchical, functional classification system developed to support the forecast traffic
demands of future land use.
The highest classification of roadway is the Major Roadway type facility. These roadways are
generally multiple lanes (4 or 6) with medians that serve the function of controlling access, separating
opposing traffic movements and providing an area for the storage of left turning vehicles. The lower
classifications are the collector facilities that are developed to serve the adjoining developments. The
character of the developments served should determine the sizes and alignments of collector
roadways.
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Capital Improvement Plan for Roadway Impact Fees
The thoroughfare facilities determined for inclusion in the Capital Improvement Plan of this study are
tabulated in Table 2 and graphically illustrated in Figure 1. Each listed project includes a description
of the planned improvements, the approximate project length, and an engineer's opinion of probable
cost to the City. In addition, under existing State Statute, a municipalities' cost associated with
TxDOT facilities can be financed with impact fees. All roadways included in the 2018 CIP are
identified in the City of Anna Thoroughfare Plan.
j:\clerical\anna\2018-137 Roadway impact fee\reports\03-report Page 4 of 13- Roadway Impact Fee Update 2018-2028 Figure 1
j:\clerical\anna\2018-137 Roadway impact fee\reports\03-report Page 5 of 13- Roadway Impact Fee Update 2018-2028
Project # Road Name From ToSegment Length (ft)Planned ConfigurationExisting Condition Notes Capital Cost Debt Service (1)Total Project CostService 1-1 Rosamond Western City Limit US 75 2250 6 Lane Divided 1000' of gravel road US 75 Overpass by TxDOT $2,925,000 1,769,191$ $4,694,1911-2 FM 455 Western City Limit US 75 14400 6 Lane Divided2 lane unimproved, 4700' new alignment$18,720,000 11,322,825$ $30,042,8251-3 FM 368/286 Rosamond FM 455/White 6650 6 Lane Divided 2350' of gravel road$8,645,000 5,228,943$ $13,873,9431-4 FM 368/286 FM 455/White Southern City Limit 1250 6 Lane Divided 2 lane unimproved$1,625,000 982,884$ $2,607,8841-5 FM 368/286 Northen City Limit Southern City Limit2050 6 Lane Divided 800' of 2 lane unimproved$2,665,000 1,611,930$ $4,276,9301-6 Taylor Western City Limit US 75 2100 4 Lane Divided Gravel road$2,310,000 1,397,208$ $3,707,2081-7 US 75 FM 455/White Southern City Limit 9750 Urban Freeway 4 Lane Divided with 2-way frontage roads ROW/Utilities $1,000,000 604,852$ $1,604,8521-8 Rosamond US 75 Powell/SH 5 10500 4 Lane Divided 4800' of 2 lane improved, rail bridge not existingBridge over railroad, split with Zone 2$11,550,000 6,986,038$ $18,536,0381-9 Hackberry US 75 Ferguson 2673 4 Lane Divided Not existing Excludes 1,800 LF not annexed $2,940,300 1,778,446$ $4,718,7461-10 Hackberry Ferguson Powell/SH 5 5250 4 Lane Divided2100' of 4 lane divided, 800' of 2 lane improved, 1000' of 2 lane unimproved$5,775,000 3,493,019$ $9,268,0191-11 "Street C" Rosamond FM 455/White 6450 4 Lane Divided 1050' of gravel road$7,095,000 4,291,423$ $11,386,4231-12 Ferguson Rosamond FM 455/White 7400 6 Lane Divided Not existing$9,620,000 5,818,674$ $15,438,6741-13Bridge over Dart Railroad & SH 51000 4-lane divided Not existing 1/2 of Project in Service Area 2 $3,750,000 2,268,194$ $6,018,1941-14 Taylor US 75 Ferguson 5723 4 Lane Divided 4000' of 2 lane unimproved$6,295,300 3,807,723$ $10,103,0231-15 Taylor Ferguson Powell/SH 5 8844 4 Lane Divided Not existing$9,728,400 5,884,240$ $15,612,6401-16 W. Foster Crossing Ferguson City Limit 600 6 Lane Divided Not existing$780,000 471,784$ $1,251,7841-17 W. Foster Crossing Southern City Limit Powell/SH 5 3750 6 Lane Divided 1500' of 2 lane unimproved$4,875,000 2,948,652$ $7,823,6521-18 Ferguson FM 455/White City Limit 3650 6 Lane Divided 1780' 2 lane improved, rest 2 lane unimproved with 4-lane bridge at Slayter Cr $7,245,000 4,382,151$ $11,627,1511-19 Ferguson City Limit City Limit 2350 6 Lane Divided Not existing$3,055,000 1,847,822$ $4,902,8221-20 E-W Collector FM 368/286 US 75 3200 Minor CollectorNon existing$2,400,000 1,451,644$ $3,851,6441-TSNumber of Proposed Traffic Signals in Service Area 1:8 Each$2,400,000 1,451,644$ $3,851,644Roadway Service Area 1 Subtotal:$115,399,000 69,799,286$ $185,198,286Service Area 22-1 FM 376/427 Powell/SH 5 Eastern City Limit 3550 6 Lane Divided 950' 2 lane improved, 1650' 2 lane unimproved$4,615,000 2,791,391$ $7,406,3912-2 Rosamond Powell/SH 5 City Limit 850 6 Lane Divided 2 lane improved, rail bridge not existingBridge over railroad, split with Service Area 1$1,105,000 668,361$ $1,773,3612-3 Hackberry Powell/SH 5 FM 2862 1150 6 Lane Divided 650' of 2 lane unimproved$1,495,000 904,253$ $2,399,2532-4 FM 425/422 City Limit Rosamond 1700 6 Lane Divided 2 lane unimproved$2,210,000 1,336,722$ $3,546,7222-5 FM 425/422 Rosamond Houston 1700 6 Lane Divided 2 lane unimproved$2,210,000 1,336,722$ $3,546,7222-6Bridge over Dart Railroad & SH 54-lane divided1/2 of Project in Service Area 1 $3,750,000 2,268,194$ $6,018,1942-7 Hackberry FM 2862 City Limit 2000 6 Lane Divided Not existing$2,600,000 1,572,615$ $4,172,6152-8 FM 425/422 Houston Southern City Limit 600 6 Lane Divided Not existing$780,000 471,784$ $1,251,7842-9 FM 425/422 Northern City Limit Houston 600 6 Lane Divided Not existing$780,000 471,784$ $1,251,7842-10 Taylor Powell/SH 5 Eastern City Limit 8500 4 Lane Divided Not existing$9,350,000 5,655,364$ $15,005,3642-11 Highland Rd. Powell/SH 5 Eastern City Limit 6450 6 Lane Divided 5000' of gravel road$8,385,000 5,071,682$ $13,456,6822-12 FM 425/422 FM 455/White Collin Co. Outer Loop 10735 6 Lane Divided 2650' of gravel road$13,955,500 8,441,009$ $22,396,5092-TS Number of Proposed Traffic Signals in Service Area 2: 6 Each$1,800,000 1,088,733$ $2,888,733Roadway Service Area 2 Subtotal:$53,035,500 32,078,615$ $85,114,115Grand Total (Roadway Service Area 1 + Service Area 2)$168,434,500 $101,877,901 $270,312,401Notes:(1)Debt Service Cost calculated with a 20 year term at a 5% annual interest rateTABLE 22018 -2028 Roadway Impact Fee UpdateCapital Improvements by Roadway Impact Service Area
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The engineer's opinions of probable construction cost were prepared without the benefit of a detailed
preliminary engineering study for each project. The project costs are based on data provided by the
City of Anna and on roadway project construction bids. Costs of these projects included only those
costs that will be paid for by the City of Anna. Financing costs for the projects in the CIP were also
included in the total estimated cost and the interest rate of 5% was provided by the City of Anna.
V.- IMPACT FEE CALCULATION
After the land use assumptions and CIP have been finalized, this information is used to determination
the maximum fee per service unit (impact fee) that can be charged by the City for new developments.
The fee is calculated by dividing the costs of the capital improvements identified as necessary to
serve growth forecast to occur during the 10-year planning period (CIP) by the number of service
units of growth forecast to occur (using the land use assumptions). The specific steps, as described in
following paragraphs of this section include:
1. Determination of a standard service unit;
2. Identification of service areas for the City;
3. Analysis of the total capacity, level of current usage, and commitment for usage of
capacity of existing improvements;
4. Identification of that portion of the total capital improvements necessary to serve the
projected growth over the next 10-year period;
5. Determination of the "standard service unit" and equivalency tables establishing the ratio of
a service unit to the types of land use forecast for growth;
6. Calculating the resulting eligible costs per service unit (impact fee) for new developments
in each service area.
Service Unit
To determine the impact fee rate applied to thoroughfare facilities the standard service unit selected
was "PM Peak Hour Vehicle-Miles." This service unit can be obtained by multiplying the number
of trips generated by a specific land use type during the PM peak hour (vehicles) by the average trip
length (miles) for that land use. The PM peak hour was chosen because it is usually considered the
critical time for roadway analyses. The trip generation data were directly obtained or derived for each
defined land use type from "Trip Generation Manual, 9th Edition" of the Institute of Transportation
Engineers, which is the standard data reference to determine vehicle trip
generation characteristics of particular land use types and densities. Trip length information for each
land use specified was based on data developed for the Dallas-Fort Worth area by the North Central
j:\clerical\anna\2018-137 Roadway impact fee\reports\03-report Page 7 of 13- Roadway Impact Fee Update 2018-2028
Texas Council of Governments (NCTCOG). The trip length was set at a maximum of three (3) miles
for any land use, as this trip length was assumed to be the maximum average distance a trip would
travel on roadways within each service area in the City of Anna. Table 3 shows the typical service
units for each land use type used in developing the roadway impact fees.
Table 3 - Service Unit Calculation by Land Use Type
Service Areas
The State Statute governing the imposition of development impact fees require that collection and
expenditure of fees imposed for street facilities "...is limited to an area within the corporate
boundaries of the political subdivision and shall not exceed six miles." To comply with this State
Law, two service areas (Service Area 1 and Service Area 2) were established for the City of Anna to
ensure that funds are spent within six miles of where they are collected. The two service areas were
shown in Figure 1, with SH 5/Powell Avenue serving as the breakpoint between the two service
areas. The service areas include most of the developable land within the existing city limits of Anna.
Analysis of 10-Year and Ultimate Growth
The land use assumption data provided by the City of Anna was converted to the standard service
unit (vehicle-miles) by applying the trip generation and trip length data provided in Table 3. These
results were used to provide an estimate of the existing service units (vehicle-miles) within each
service area, as well as to forecast the growth in service units for both the next 10-year period (2018-
2028) and the ultimate development of the City of Anna. Table 4a shows the vehicle-mile calculation
for each category of land use. Table 4b shows the portion of ultimate build-out service units that will
be attributable to growth within the next 10 years.
PM Peak Trips
(vehicles)
(1)
Trip Length
(miles)
(2)
PM Peak Hour
Vehicle-Miles
Residential 1 3.00 3.00
Industrial 1,000 Sq. Ft. 0.97 3.00 2.91
Commercial / Retail 1,000 Sq. Ft. 3.71 2.40 8.90
Office 1,000 Sq. Ft. 1.49 3.00 4.47
(1) Based on ITE Trip Generation Manual, 9th Edition
(2) Based on NCTCOG data
Variable
Dwelling Unit
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Table 4a
Vehicle-Mile Calculation
By Land Use and Service Area
Table 4b-Summary of Vehicle-Miles
by Service Area and Development Period
Capital Improvements Costs Necessary to Serve 10-Year Growth
The total costs for implementing the roadway CIP were identified previously in Table 2. The street
facility improvements identified in the CIP will logically serve all existing and future growth by
improved safety and drainage characteristics. Therefore, the 10-year eligible costs have been
proportioned as the ratio of the 10-year growth to the total number of service units determined for
FAR
PM Peak
Unit
Vehicle
Miles
Total
Vehicle
Miles
Total
Vehicle
Miles
Total
Vehicle
Miles
Residential N/A 3.00 per 3,667 Dwellings 11,001 6,164 Dwellings 18,492 15,938 Dwellings 47,813
Industrial 20% 2.91 per 1,000 Sq. Ft 23 Acres 583 45 Acres 1,141 84 Acres 2,130
Commercial 20% 8.90 per 1,000 Sq. Ft 85 Acres 6,591 140 Acres 10,855 550 Acres 42,645
Office 20% 4.47 pre 1,000 Sq. Ft 25 Acres 974 115 Acres 4,478 250 Acres 9,736
Total 19,149 34,966 102,323
Residential N/A 3.00 per 1,347 Dwellings 4,041 3,200 Dwellings 9,600 7,638 Dwellings 22,915
Industrial 20% 2.91 per 1,000 Sq. Ft 15 Acres 380 65 Acres 1,648 125 Acres 3,169
Commercial 20% 8.90 per 1,000 Sq. Ft 25 Acres 1,938 40 Acres 3,101 250 Acres 19,384
Office 20% 4.47 pre 1,000 Sq. Ft 10 Acres 389 45 Acres 1,752 130 Acres 5,063
Total 6,748 16,101 50,531
Units Units
2018 Vehical Mile Variables
Land UseService
Area
2
Dwelling Unit
Unit Variable
Dwelling Unit
1
2028
Units
Ultimate
Vehicle - Miles
2018
Portion of
Ultimate
Vehicle - Miles
2028 Total
Vehicle Miles
Vehicle - Miles
Added 2018 -
2028
Portion of
Ultimate
Vehicle - Miles
Ultimate
Vehicle - Miles
Vehicle - Miles
Added 2028 -
Ultimate
1 19,149 18.71% 34,966 15,817 15.46% 102,323 67,357
2 6,748 13.35% 16,101 9,353 18.51% 50,531 34,430
Total 25,897 16.94%51,067 25,170 152,854 101,787
Note:20%
Year 2028 - Ultimate
of non-residential area is assumed developable for the Vehicle-Mile Calculation
Service
Area
Existing Year 2018- 2028
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build-out, as provided in Table 4. Table 5 presents a summary of the roadway capital improvement
costs for the two service areas.
Table 5 - Summary of Capital Improvement Cost by Service Area
In order to maintain the equity of impact fee assessment, the cost for streets included in the 10-year
Capital Improvement Plan will include the total cost of the street facilities, not reduced by any
expected participation. Rather, construction by a developer of an arterial facility within or off-site
should be treated as a credit to the impact fee assessment.
Determination of Standard Service Unit Equivalency
Table 6 presents the derivation of service unit equivalents for each of the four defined land use types.
The service unit equivalents are referenced to and based on the residential land use.
Table 6 -Land Use Equivalency
Land Use
Veh-Miles/
Development
Unit (1) SU Equivalency (2)
Residential 3.00 1.00
Office 1,000 per Sq. Ft.4.47 1.49
Commercial / Retail 1,000 per Sq. Ft.8.90 2.97
Industrial 1,000 per Sq. Ft.2.91 0.97
Notes:
1)
2) Ratio of non-residential use to service unit of Residential
Development
Unit
Dwelling Unit
Based on ITE Trip Generation Manual, 9th Edition and
NCTCOG
Service Area Service Area CIP
Portion of Capacity of
Thoroughfare
Attributed to Growth
(2018-2028)
Cost of Thoroughfare
Attributed to Growth
(2018- 2028)
1 $185,198,286 15.46% $28,627,660
2 $85,114,115 18.51% $15,754,221
Totals $270,312,401 $44,381,881
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Cost Per Service Unit (Impact Fee) Calculation
Table 7 presents a summary of the calculations and resulting capital improvement costs attributable
to growth per service unit, which represents the maximum calculated impact fee. This fee is
calculated by taking the cost of the CIP attributable to growth in the next 10 years (Table 5) and
dividing it by the estimated growth, or the number of new service units (Table 4), in the next 10
years.
Table 7 - Impact Fee Calculation by Service Area
Under current State law, municipalities are required to administer a detailed financial analysis to
support the use of an impact fee higher than 50 percent of the eligible costs. As an alternative to
performing the financial analysis, the impact fee can be set at or below 50 percent of the total eligible
costs, which are shown in Table 7. The City has chosen to use 50 percent of these calculated impact
fee.
VI. SUMMARY OF IMPACT FEE CALCULATION METHODOLOGY
The methodology for calculating the maximum allowable impact fee for roadway facilities can be
summarized in the following three steps and is summarized for both Service Areas 1 and 2 on the
following pages. First, the cost of the roadway facilities (existing roadways eligible for recuperation
of construction cost and proposed roadways) that can be attributed to new growth over the 10-year
period is determined.
Roadway Service
Area
Cost of
Thoroughfare
Attributed to
Growth
(2018-2028)
Number of New
Service Units
(2018-2028)
Cost Per Service
Unit
Cost Per Service
Unit (Rounded)
1 $28,627,660 15,817 $1,809.93 $1,810
2 $15,754,221 9,353 $1,684.40 $1,684
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Maximum Impact Fee Calculation for Service Area 1
The second step is to determine the calculated impact fee. The maximum calculated impact fee is the
ratio of the total cost for roadway facilities attributable to growth in the next ten years (2018-2028)
divided by the total growth in equivalent service units (ESU). Finally, the maximum impact fee is
determined by multiplying the calculated fee by 50%.
Maximum Impact Fee Calculation for Service Area 2
= $185,198,286
= $28,627,660Roadway Facilities Attributable to Growth (2018- 2028)
Cost of Roadway Facilities (Table 2 - Service Area 1)
Proportion of Capacity Attributable to New Growth
(Table 4 - Service Area 1)x 15.46%
=
= $28,627,660.29
15,817
= $1,809.93 Use: $1,810
Maximum Roadway Impact Fee Allowed: $1,810 x 50% = $905.00
Total Growth in Equivalent Service Units (Table 4)
Calcualted Roadway Impact Fee Eligible Thoroughfare Cost Attributed Growth (Table 5)
Service Area 1
= $85,114,115
Roadway Facilities Attributable to Growth (2018 - 2028) = $15,754,221
Cost of Roadway Facilities (Table 2 - Service Area 2)
Proportion of Capacity Attributable to New Growth
(Table 4 - Service Area 2)x 18.51%
=
= $15,754,220.59
9,353
= $1,684.40 Use: $1,684
Maximum Roadway Impact Fee Allowed: $1,684 x 50% = $842.00
Total Growth in Equivalent Service Units (Table 4)
Calculated Roadway Impact Fee Eligible Thoroughfare Cost Attributed Growth (Table 5)
Service Area 2
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VII. IMPACT FEE CALCULATION EXAMPLE
A land use equivalency table is provided in Table 8 and represents an expansion of the basic land
uses used for calculating the impact fee. This table identifies the total service units generated by
specific uses within each land use category and includes land uses which may develop over the next
10-year period. To obtain the impact fee to be charged for a particular land use, the impact fee per
service unit adopted by the City and the service units per development unit generated for that
particular land use from Table 8 are used. Examples for calculating the impact fee for both a single
family dwelling unit and a 50,000 ft2 shopping center (commercial / retail facility) assuming
maximum allowable impact fees of $905.00 per service unit (Service Area 1) and $842.00 per service
unit (Service Area 2) are shown on page 12
Table 8 – Common Roadway Land Use Equivalencies
1 GFA = Gross Floor Area
2 (Vehicles); Based on ITE Trip Generation, 9th Edition
(Miles); Based on NCTCOG Data
Percentage of traffic already passing by site - land use is an intermediate destination
(Vehicle-Miles)
* The land uses and trip generation characteristics listed in this chart are intended as examples. The complete table of land uses and trip generation
characteristics is contained in the Institute of Transportation Engineers "Trip Generation, Ninth Edition," which is incorporated herein by reference.
CATEGORY
1.16
7.35
2.91
0.32
0.22
6.93
21.89
3.36
1.80
13.47
0
0.9
0
SERVICE UNITS(5)
3.00
1.86
4.47
0.48
0
0.43
0.34
0
2.1
PASS-BY TRAFFIC(4)
0
0
0
0.66
0.47
3.0
3.0
2.1
2.7
0.4
1.7
3.0
3.0
2.4
TRIP LENGTH(3)
3.0
3.0
3.0
0.97
0.15
0.81
0.55
24.30
2.33
0.60
9.85
3.71
1.00
0.62
1.49
50.92
1,000 ft GFA
1,000 ft GFA
Students
Students
1,000 ft GFA
ITE TRIP RATE(2)
1,000 ft GFA
1,000 ft GFA
1,000 ft GFA
1,000 ft GFA
Rooms
1,000 ft GFA
OFFICE
RESIDENTIAL
DEVELOPMENT UNITS(1)
Dwelling Unit
Dwelling Unit
Industrial
School
Day Care Center
House of Worship
INSTITUTIONAL
INDUSTRIAL
Office Building
Convenience Stores/Gas Pumps
Drive-in Bank
Home Improvement Store
Hotel
Restaurant
COMMERICAL
Single- Family Detached
Shopping Center
LAND USE
Apartment
j:\clerical\anna\2018-137 Roadway impact fee\reports\03-report Page 13 of 13- Roadway Impact Fee Update 2018-2028
Service Area 1 - Example Impact Fee Calculations
Service Area 2 - Example Impact Fee Calculations
=3.00 Service Units
Maximum Calculated Roadway Impact Fee = $8,371.5 / Service Unit: (3.00) Vehicle-Miles) x ($8,371.50/ Vehicle-Miles)905.00$ x 3 Service Units = 2,715.00$
367.5
Maximum Calculated Roadway Impact Fee = 905.00$ 368 Service Units =
SERVICE AREA 1
per service unit x 332,587.50$
50,000 Sq.Ft SHOPPING CENTER (Service Area 1)
SINGLE-FAMILY DWELLING (Service Area 1)
(50,000 Sq. Ft) x (7.35 Vehicle-Miles/ 1,000 Sq.Ft.) =
Vehicle-miles per Development Unit for Shopping Center
Service Units
per service unit
Vehicle-Miles per Single- Family Dwelling Unit (1 Dwelling Unit) x (3.00 Vehicle-Miles/Dwelling Unit)
SERVICE AREA 2
=3.00 Service Units
Maximum Calculated Roadway Impact Fee = $8,371.5 / Service Unit: (3.00) Vehicle-Miles) x ($8,371.50/ Vehicle-Miles)842.00$ x 3 Service Units = 2,526.00$
367.5
Maximum Calculated Roadway Impact Fee = 842.00$ 368 Service Units =per service unit x 309,435.00$
SINGLE-FAMILY DWELLING (Service Area 2)
Vehicle-Miles per Single- Family Dwelling Unit (1 Dwelling Unit) x (3.00 Vehicle-Miles/Dwelling Unit)
per service unit
50,000 Sq.Ft SHOPPING CENTER (Service Area 2)
Vehicle-miles per Development Unit for Shopping Center
(50,000 Sq. Ft) x (7.35 Vehicle-Miles/ 1,000 Sq.Ft.) = Service Units
2018-2028
ROADWAY IMPACT FEE UPDATE
BIRKHOFF, HENDRICKS & CARTER, L.L.P.
PROFESSIONAL ENGINEERS - TBPE Firm No. 526
11910 Greenville Ave., Suite 600, Dallas, Texas 75243
Phone (214) 361-7900
September 2018
L
Item No. 11.
City Council Agenda
Staff Report
Meeting Date: 9/11/2018
AG E ND A IT E M :
Consider/Discuss/Action regarding a Resolution setting a P ublic Hearing for the purpose of
amending the City's Capital I mprovements Plan, L and Use A ssumptions and Water & Wastewater
I mpact Fees. (J oseph J ohnson)
S UM M ARY:
I mpact fees are authorized under C hapter 395 of the Texas L ocal Government Code and may be
imposed upon new developments to fund both existing and proposed infrastructure that is
necessary to provide service to a development. T he City's water and wastewater impact fees
were last updated in 2017. By statute the City is required to review the L and Use Assumptions
and Capital I mprovement P lan (C I P ) at least once every 5 years but may update them sooner as
growth patterns, land use and infrastructure needs change. S everal projects on our adopted C I P
have been constructed or may begin construction soon and new infrastructure needs have
become apparent.
Over the past several months staff has worked with our engineering consultant to identify new
projects that should be added to our C I P. S ubsequently, land use assumptions, population
projections and calculated maximum f ees were evaluated with new recommendations for the
population projections, and calculated maximum fees.
On S eptember 10, 2018 the updated water and wastewater impact f ee report was presented to
the I mpact F ee Advisory Committee. I n order to move forward with updating the C I P, L and Use
Assumptions and I mpact F ees, the Texas L ocal Government Code, Chapter 395 requires that
the City C ouncil set a date and time to hold a public hearing. T he report is hereby submitted to the
City Council and is now available for public review.
S TAF F RE C O M M E ND AT I O N:
Staff recommends approval of the attached Resolution setting a Public Hearing for October 23,
2018 at 7:30 P M f or the purpose of receiving public comment on proposed amendments to the
City's Capital I mprovements Plan, L and Use A ssumptions and I mpact Fees.
AT TAC HM E NT S :
Description Upload Date Type
Resolution 9/5/2018 Resolution
Water & Wastewater I mpact Fee Report 9/5/2018 Exhibit
RESOLUTION: Set Public Hearing – Water & Wastewater Impact Fee Update PAGE 1 OF 1 9/11/18
CITY OF ANNA, TEXAS
RESOLUTION NO. __________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEX AS , SETTING A
DATE FOR A PUBLIC HEARING FOR THE PURPOSES OF AMENDING THE CITY’S
CAPITAL IMPROVEMENTS PLAN, LAND USE ASSUMPTIONS AND WATER &
WASTEWATER IMPACT FEES.
WHEREAS, Chapter 395 of the Local Government Code has outlined the procedure for
updating impact fees periodically; and,
WHEREAS, it is desirable to update the impact fees assessed by the City of Anna; and
WHEREAS, an engineering study has been completed on the existing and proposed water
and wastewater infrastructure to meet the needs of the City for future development;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT A PUBLIC HEARING SHALL BE HELD TO APPROVE
AMENDMENTS TO THE CAPITAL IMPROVEMENTS PLAN, LAND USE
ASSUMPTIONS AND IMPACT FEES, AS PROVIDED BY CHAPTER 395 OF THE
TEXAS LOCAL GOVERNMENT CODE, AS FOLLOWS:
Section 1.
The public hearing will be held at 7:30 pm at 111 N. Powell Parkway, Anna, TX 75409 on
October 23, 2018.
Section 2.
Any member of the public has the right to appear at the public hearing and present evidence
for or against the plan and proposed fees.
Section 3.
A public notice shall be posted for the public hearing meetin g all the requirements of Chapter
395 of the Texas Local Government Code for the amendment of impact fees.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 11th day
of September 2018.
ATTEST: APPROVED:
_____________________________ ____________________________
City Secretary Carrie L. Smith Mayor Nate Pike
WATER AND WASTEWATER
IMPACT FEE UPDATE
2018 - 2028
Prepared For
THE CITY OF
1111EI
Prepared By
BIRKHOFF, HENDRICKS & CARTER, L.L.P.
PROFESSIONAL ENGINEERS — TBPE Firm No. 526
I DALLAS, TEXAS
r =
September 2018 i *�
GARY C. HENDRICKS
65226
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Zola
j:\clerical\anna\2018-133 w&ww impact fee update 2018\reports\03-index.docx - i -
CITY OF ANNA
WATER AND WASTEWATER 2018-2028 IMPACT FEE UPDATE
TABLE OF CONTENTS
Page No.
I. INTRODUCTION ....................................................................................................................... 1
· Table No. 1 – Historic Water and Wastewater Impact Fees
II. LAND USE ASSUMPTIONS (Provided by City of Anna) ....................................................... 3
· Table No. 2 – 2018 -2028 Population Projections
III. DEFINITION OF A SERVICE UNIT – WATER AND WASTEWATER ............................... 3
· Table No. 3 – LUE for Various Types & Sizes of Water Meter
IV. CALCULATION OF WATER & WASTEWATER – LIVING UNIT EQUIVALENTS ............ 4
· Table No. 4 – 2018-2028 Water Living Unit Equivalents by Meter Size
· Table No. 5 – 2018-2028 Wastewater Living Unit Equivalents by Meter Size
V. WATER DISTRIBUTION SYSTEM ......................................................................................... 6
A. Existing Facilities ................................................................................................................. 6
B. Water Distribution System Capital Improvement Projects .................................................. 6
· Figure No. 1 – Water Distribution System: Existing Facility Recovery
· Figure No. 2 – Water Distribution System: Capital Improvement Plan
· Table No. 6 – 10-Year Capital Improvement Plan
C. Utilized Capacity ................................................................................................................ 11
· Table No. 7 – Summary of Eligible Capital Cost & Utilized Capacity Cost
· Table No. 8 – Existing Facility Recovery – Water Lines & Water Facilities
· Table No. 9 – Proposed Capital Improvement Plan - Water Lines
· Table No. 10 – Proposed Capital Improvement Plan - Water Distribution Facilities
j:\clerical\anna\2018-133 w&ww impact fee update 2018\reports\03-index.docx - ii -
Page No.
VI. WASTEWATER COLLECTION SYSTEM
A. General ............................................................................................................................... 16
B. Existing Wastewater System .............................................................................................. 16
C. Proposed Wastewater Capital Improvement Plan .............................................................. 17
· Figure No. 3 – Wastewater Collection System: Existing Facility Recovery
· Figure No. 4 – Wastewater Collection System: Capital Improvement Plan
· Table No. 10 – 10-Year Capital Improvement Plan
D. Utilized Capacity ................................................................................................................ 20
· Table No. 11 – Summary of Eligible Capital Cost & Utilized Capacity Cost
· Table No. 12 – Existing Facility Recovery – Wastewater Lines & Facilities
· Table No. 13 – Proposed Capital Improvement Plan - Wastewater Lines
· Table No. 14 – Proposed Capital Improvement Plan - Wastewater Facilities
VII. CALCULATION OF MAXIMUM IMPACT FEES –
WATER AND WASTEWATER SYSTEM ............................................................................. 26
· Table No. 15 – Allowable Maximum Fee Per LUE and Per Meter Size & Type
Birkhoff, Hendricks & Carter, L.L.P.
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Page 1 of 27
CITY OF ANNA
2018-2028 WATER AND WASTEWATER IMPACT FEE UPDATE
I. INTRODUCTION
The City of Anna retained the services of Birkhoff, Hendricks and Carter, L.L.P for the purpose
of updating the impact fees for the water distribution system and the wastewater collection
system. These impact fees are required for funding the construction of specific capital
improvement projects to serve new development. The Table 1 below shows previous maximum
impact fees calculated and the impact fees imposed by the City:
Table 1
Historic Water and Wastewater Impact Fees
Calculated
Maximum
Fee
Fees
Imposed
Calculated
Maximum
Fee
Fees
Imposed
Calculated
Maximum
Fee
Fees
Imposed
Calculated
Maximum
Fee
Water $2,712.50 $2,000 $4,674.00 $2,000 $3,984.89 $3,200 $4,510.14
Wastewater $2,643.50 $2,000 $4,610.00 $2,000 $3,999.05 $3,200 $4,078.50
Fees
Imposed
TBD
2018
TBD
201720082014
Since the 2014 and 2017 updates of the Impact Fee, the City of Anna has expanded its water and
sewer service. The Water Distribution System Master Plan and Wastewater Collection Master
Plan were refined in 2017 by Birkhoff, Hendricks & Carter, L.L.P., and are consistent with the
City’s Comprehensive Plan.
In accordance with the requirements of Chapter 395.052 of the Local Government Code, this
impact fee update report reflects the City of Anna’s Land Use Assumptions, Water Capital
Improvement Plan and Wastewater Capital Improvement Plan.
Chapter 395, of the Local Government Code is an act that provides guidelines for financing
capital improvements required for new development in municipalities, counties, and certain other
local governments. Based on the most current Master Plan documents for the Water Distribution
and Wastewater Collection Systems; 10-year Capital Improvement Plans were developed to
reflect projected infrastructure needs. The City’s Future Land Use Plan was unchanged from the
Birkhoff, Hendricks & Carter, L.L.P.
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Page 2 of 27
previous evaluation, and population growth assumption, provided by the City Planning
Department, was the basis for the maximum impact fees calculated.
The Act allows the maximum impact fee to be charged if revenues from future ad valorem taxes,
and water and sewer bills are included as a credit in the analysis. If not, the Act allows the
maximum fee to be set at 50% of the calculated maximum fee. Calculations herein provide for
the 50% reduction.
The following items were included in the impact fee calculation:
A. The cost of the new infrastructure that is to be paid by the City, including engineering,
property acquisition and construction cost.
B. Existing excess capacity in lines and facilities that will serve future growth and which were
paid for in whole or part by the City.
C. Engineering and quality control fees for construction projects.
D. Interest and other finance charges on bonds issued by the City to cover its portion of the cost.
E. Planning Cost.
The engineering analysis portion of the Water and Wastewater Impact Fee evaluation determines
utilized capacity cost of the major water distribution and wastewater collection facilities between
the year 2018 and the year 2028. Facilities in this analysis include, water pump stations, water
storage tanks, water disinfection systems, water transmission lines, water distribution lines,
wastewater lift stations, wastewater collection lines, the Slayter Creek wastewater treatment plant
and the regional water and wastewater systems. The study period is a ten-year period with 2018
as the base year. Impact fee calculations for the water and wastewater systems account for a
portion, or entirety, of costs of new projects required to serve new developments as well as a
portion of the cost of existing infrastructure that is to be utilized to serve new developments.
Growth and usage rates are standardized in calculations by applying living unit equivalency
factors, which in this analysis conform to the latest American Water Works Association
Standards (C700 - C703).
Birkhoff, Hendricks & Carter, L.L.P.
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Page 3 of 27
II. LAND USE ASSUMPTIONS (BY THE CITY OF ANNA)
The City of Anna Planning Department prepared the Land Use Assumptions used for the 2018 impact fee
update, and they were not modified since the past evaluation. A revised 10-year population growth
projection was provided by the City for this update as shown in Table 2
Table 2
2018-2028 Population Projections.
2018 2028 Buildout
Population 13,240 26,045 250,000
% of Buildout 5.3% 10.4% 100.0%
2018 to 2028 Population Growth:96.7%
Note:
Population Projections provided by the City of Anna Planning Department
III. DEFINITION OF A SERVICE UNIT – WATER AND WASTEWATER
Chapter 395 of the Local Government Code requires that impact fees be based on a defined service unit.
A “service unit” means a standardized measure of consumption, use generation, or discharge attributable
to an individual unit of development calculated in accordance with generally accepted engineering or
planning standards. This update defines a water and wastewater service unit to be a 3/4-inch water meter
and has referred to this service unit as a Single Family Living Unit Equivalent (SFLUE). The SFLUE is
based on the continuous duty capacity of a 3/4-inch water meter. This is the typical meter used for a
single family detached dwelling, and therefore is considered to be equivalent to one “living unit”. Other
meter sizes can be compared to the 3/4-inch meter through a ratio of water flows as published by the
American Water Works Association as shown in Table No. 3 below. This same ratio is then used to
determine the proportional water and wastewater impact fee amount for each water meter size.
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TABLE NO. 3
LIVING UNIT EQUIVALENCIES
FOR VARIOUS TYPES AND SIZES OF WATER METERS
Meter Type Meter Size
Continuous Duty
Maximum Rate (gpm) (a) Ratio to ¾” Meter
Simple ¾” 15 1.0
Simple 1” 25 1.7
Simple 1½” 50 3.3
Simple 2” 80 5.3
Compound 2” 80 5.3
Turbine 2” 100 6.7
Compound 3” 160 10.7
Turbine 3” 240 16.0
Compound 4” 250 16.7
Turbine 4” 420 28.0
Compound 6” 500 33.3
Turbine 6” 920 61.3
Compound 8” 800 53.3
Turbine 8” 1,600 106.7
Compound 10” 2,300 153.3
Turbine 10” 2,500 166.7
Turbine 12” 3,300 220.0
(a) Source: AWWA Standard C700 (1995) - C703 (1996)
IV. CALCULATION OF WATER & WASTEWATER - LIVING UNIT EQUIVALENTS
The City of Anna provided the existing water meter count by size category as of July 2018. In
total, there were 5,032 water meters serving the existing population of 13,240 residents and
businesses. Table No. 4 shows the number of existing water meters and Single Family Living
Unit Equivalents (SFLUE) conversions. The table also shows the projected meter counts and
SFLUEs for 2028 which were based on the population growth assumption.
Similarly, the City provided meter counts by size of the 4,428 water service accounts that also
utilize the wastewater collection system. Table No. 5 illustrates the existing wastewater account
and SFLUE’s.
Using the growth rate provided by the City, water meters and wastewater accounts were
extrapolated to the year 2028. The City’s Planning Department projects the population of the
City of Anna to nearly double over the next ten years; anticipating a residential population of
26,045 in 2028.
Birkhoff, Hendricks & Carter, L.L.P.
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Living unit equivalents were then applied to the water meters and wastewater accounts for 2018
and 2028 resulting in a total number of living units for the beginning and end of this fee period.
The difference in the total number of 2018 and 2028 SFLUE’s results in the new living unit
equivalents during the impact fee period.
TABLE NO. 4
2018 – 2028 WATER LIVING UNIT EQUIVALENTS BY METER SIZE
New
Meter Size Number
of
Water
Meters
Living Unit
Equivalent
Ratio for
3/4" Used(a)
Total
Number of
Living
Units
Number
of
Water
Meters
Living Unit
Equivalent
Ratio for
3/4" Used(a)
Total
Number of
Living
Units
Living Units
During
Impact Fee
Period
¾”4,868 1.0 4,868 9,576 1.0 9,576 4,708
1”69 1.7 115 136 1.7 226 111
1½”11 3.3 37 22 3.3 72 35
2”56 6.7 373 110 6.7 734 361
3”23 16.0 368 25 16.0 400 32
4”4 28.0 112 4 28.0 112 0
6"1 61.3 61 1 61.3 61 0
Totals 5,032 5,934 9,874 11,182 5,248
2018 2028
(a) Source: AWWA Standard C700 (1995) - C703 (1996)
TABLE NO. 5
2018 – 2028 WASTEWATER LIVING UNIT EQUIVALENTS BY WATER METER SIZE
New
Meter Size Number
of
Water
Meters
Living Unit
Equivalent
Ratio for
3/4" (a)
Total
Number of
Living
Units
Number
of
Water
Meters
Living Unit
Equivalent
Ratio for
3/4" Used(a)
Total
Number
of Living
Units
Living Units
During
Impact Fee
Period
¾”4,284 1.0 4,284 8,427 1.0 8,427 4,143
1”61 1.7 101 119 1.7 199 98
1½”10 3.3 32 19 3.3 63 31
2”49 6.7 329 97 6.7 646 318
3”20 16.0 324 25 16.0 400 76
4”4 28.0 99 4 28.0 112 13
6"1 61.3 54 1 61.3 61 7
Totals 4,428 5,222 8,692 9,909 4,687
2018 2028
Birkhoff, Hendricks & Carter, L.L.P.
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V. WATER DISTRIBUTION SYSTEM
This update includes additional capital improvement plan (CIP) projects that will tentatively serve
new developments, and modifies previous CIP projects that have since been constructed. The
proposed CIP projects are shown schematically in Figure No. 2, and are summarized in Table
No. 6. Existing facilities, applicable for reimbursement under Chapter 395 of the Local
Government Code are shown in Figure No. 1. Eligible facilities include major distribution lines,
pump stations, treatment facilities, ground and elevated storage reservoirs as well as regional
systems participation. Utilized capacities were based on ten-year growth system demands.
A. Existing Facilities
As of 2018, the City of Anna has participated financially in the construction of the facilities
shown on Figure No. 1, the Existing Facility Recovery Map. These distribution lines and
facilities have capacity to serve new developments, and the portion of capacity expected to be
absorbed by the new developments has been included, as a percentage of the total 20-year
project cost, in the value of the maximum impact fee calculation.
Actual capital costs, including construction, engineering and easements of the various
elements of the existing water distribution system, were utilized where the information was
known. The existing costs of facilities were determined from records provided by the City of
Anna. Where actual costs were not known, an average cost in 2018 dollars was calculated.
B. Water Distribution System Capital Improvement Projects
In order to meet the demands of the anticipated growth over the next 10-years to 2028,
certain water distribution system improvements are required. Figure No. 2 shows the
recommended system improvements and Table No. 6 itemizes each project and the project
cost. These recommended improvements, along with certain existing facilities, form the
basis for the Water System Impact Fee Calculation.
Costs for CIP projects were estimated using average unit costs from projects which have
been bid recently, plus an estimated cost for engineering and easements, and were amortized
to include the additional cost of issuing 20-year bonds at 5% annual interest rate. Projects
determined to involve developer financing were estimated with a lesser unit value. In these
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cases, the developer will be responsible for the cost of the first 8-inches and the City will be
responsible for the additional cost associated to construct the larger-diameter line to the size
shown on the CIP exhibit.
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FIGURE 1
WATER DISTRIBUTION SYSTEM : EXISTING FACILITY RECOVERY
Birkhoff, Hendricks & Carter, L.L.P.
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FIGURE 2
WATER DISTRIBUTION SYSTEM : CAPITAL IMPROVEMENT PLAN
Birkhoff, Hendricks & Carter, L.L.P.
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TABLE NO. 6
10-YEAR WATER DISTRIBUTION SYSTEM CAPITAL IMPROVEMENT PLAN
Water Lines
Project Size
Developer
Participation
Total
Capital
Cost (1)
Debt
Service (2)
Total
Project
Cost
Water Line #1 12" $2,344,650 $1,418,166 $3,762,816
Water Line #2 12" X $1,403,400 $848,849 $2,252,249
Water Line #3 12" X $421,700 $255,066 $676,766
Water Line #4 12" X $632,750 $382,720 $1,015,470
Water Line #5 12" $1,618,950 $979,225 $2,598,175
Water Line #6 24" $1,880,800 $1,137,605 $3,018,405
Water Line #7 12" X $422,950 $255,822 $678,772
Water Line #8 12" X $82,100 $49,658 $131,758
Water Line #9 12" X $694,900 $420,311 $1,115,211
Water Line #10 12" X $172,950 $104,609 $277,559
Water Line #12 12" X $60,100 $36,352 $96,452
Water Line #13 12" X $807,650 $488,509 $1,296,159
Water Line #14 8",12",16" $2,149,100 $1,299,887 $3,448,987
Water Line #15 12",16" $2,105,080 $1,273,261 $3,378,341
Water Line #17 12" X $165,700 $100,224 $265,924
Water Line #19 12" X $255,000 $154,237 $409,237
Water Line #20 12" $2,623,200 $1,586,647 $4,209,847
Water Line #21 12" X $1,017,500 $615,437 $1,632,937
Water Line #22 12" $996,000 $602,432 $1,598,432
Water Line #23 12" X $1,403,150 $848,698 $2,251,848
Water Line #24 24" $1,282,800 $775,904 $2,058,704
Water Line #25 12" X $633,800 $383,355 $1,017,155
Water Line #26 16" X $117,950 $71,342 $189,292
Water Line #27 18" X $1,776,330 $1,074,416 $2,850,746
Water Line #28 18" $1,424,685 $861,723 $2,286,408
Water Line #29 18" $1,718,465 $1,039,417 $2,757,882
Water Line #30 12" X $162,450 $98,258 $260,708
Water Line #31 18" $1,146,260 $693,317 $1,839,577
Water Line #32 12" $895,350 $541,554 $1,436,904
Water Line #33 12" $226,500 $136,999 $363,499
Water Line #34 12" X $65,200 $39,436 $104,636
Water Line #35 12" $585,000 $353,838 $938,838
Water Line #36 12" X $380,100 $229,904 $610,004
Water Line #37 12" X $217,400 $131,495 $348,895
Water Line #38 12" X $228,250 $138,057 $366,307
Water Line #39 16" X $192,990 $116,730 $309,720
Water Line #40 16" $690,030 $417,366 $1,107,396
Water Line #41 12" $154,950 $93,722 $248,672
Water Line #42 16" X $407,120 $246,247 $653,367
Water Line #43 18" X $482,460 $291,817 $774,277
Subtotal: Water Lines $34,045,720 $20,592,613 $54,638,333
Birkhoff, Hendricks & Carter, L.L.P.
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Utilized Capacity
The portion of City-funded project costs that may be reimbursed by impact fee revenue is
relative to the portion of facility capacity that is anticipated to be absorbed by new
developments during the fee period. This portion, or utilized capacity, was determined for
existing facilities and for proposed CIP projects. For existing facilities, available capacities
were found under current, 2018, demands, and were compared to the available capacity
remaining under the predicted 2028 demand scenario. The difference in available capacities,
by percentage, was applied to the 20-year total project cost to determine the allowable
recovery dollar amount. The same procedure was utilized to determine utilized capacity
during fee period for proposed CIP projects, however, in this case, the 2018 demand is null.
Table No. 7 below summarizes project costs and utilized costs over the impact fee period,
2018 – 2028, for each element of the Water Distribution System. The utilized capacity for
each water distribution facility, both existing and proposed, is presented in detail in Impact
Fee Capacity Calculation Table No. 8 through Table No. 10.
TABLE NO. 7
SUMMARY OF ELIGIBLE CAPITAL COST & UTILIZED CAPACITY COST
Notes:
(1)Opinion of Cost includes:
a) Engineer's Opinion of Construction Cost
b) Professional Services Fees (Survey, Engineering, Testing, Legal)
c) Cost of Easement or Land Acquisitions
(2)Debt Service based on 20-year simple interest bonds at 5%
(3) Planning Expense includes current and all past impact fee evaluations.
$8,345,229
$29,723,454
$47,336,752
$94,000
Utilized Capacity During
Fee Period
($)
$94,000
$17,613,298
$21,378,225
Water System
$35,380,857
Total 20-Year Project Cost
($)
$17,519,298
TOTAL:
Existing Water Facilities
$105,680,252
$70,205,395
$15,567,062
$54,638,333
$35,474,857
Proposed Water System Subtotal:
Proposed Water Facilities
Proposed Water Lines
Existing Water System Subtotal:
Planning Expenses
Birkhoff, Hendricks & Carter, L.L.P.
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TABLE NO. 8
EXISTING FACILITY RECOVERY - WATER LINES & WATER FACILITIES
* Average Unit costs are based in 2018 dollars unless otherwise indicated and includes 20% for engineering and easements.
Total
Capacity
(MG/MGD) Date of Const.
Total Capital
Cost ($)
20 Year Debt
Service @ 5%
Simple Interest
Total 20 Year
Project
Cost ($)2018 2028
During
Fee Period 2018 2028
During
Fee Period 2018 2028
During
Fee Period
3.25 2005 $700,000 $423,396 $1,123,396 0.50 3.25 2.75 15% 100% 85% $172,830 $1,123,396 $950,566
3.25 2005 $700,000 $423,396 $1,123,396 $172,830 $1,123,396 $950,566
3.25 2005 $760,000 $459,687 $1,219,687 0.50 3.25 2.75 15% 100% 85% $187,644 $1,219,687 $1,032,043
3.25 2005 $760,000 $459,687 $1,219,687 $187,644 $1,219,687 $1,032,043
4.00 2005 $1,700,000 $1,028,248 $2,728,248 0.00 2.20 2.20 0% 55% 55% $0 $1,500,536 $1,500,536
4.00 2005 $1,700,000 $1,028,248 $2,728,248 $0 $1,500,536 $1,500,536
1.50 2005 $1,500,000 $907,278 $2,407,278 0.00 0.80 0.80 0% 53% 53% $0 $1,283,881 $1,283,881
1.50 2005 $1,500,000 $907,278 $2,407,278 $0 $1,283,881 $1,283,881
4.50 2005 $620,000 $375,008 $995,008 0.00 2.25 2.25 0% 50% 50% $0 $497,504 $497,504
4.50 2005 $620,000 $375,008 $995,008 $0 $497,504 $497,504
0.30 2005 $600,000 $362,911 $962,911 0.30 0.30 0.00 100% 100% 0% $962,911 $962,911 $0
0.30 2005 $600,000 $362,911 $962,911 $962,911 $962,911 $0
0.50 2005 $500,000 $302,426 $802,426 0.35 0.50 0.15 70% 100% 30% $561,698 $802,426 $240,728
0.50 2005 $500,000 $302,426 $802,426 $561,698 $802,426 $240,728
0.91 2005 $1,000,000 $604,852 $1,604,852 0.91 0.91 0.00 100% 100% 0% $1,604,852 $1,604,852 $0
0.91 2005 $1,000,000 $604,852 $1,604,852 $1,604,852 $1,604,852 $0
0.35 2005 $525,000 $317,547 $842,547 0.25 0.35 0.11 70% 100% 30% $589,783 $842,547 $252,764
0.35 2005 $525,000 $317,547 $842,547 $589,783 $842,547 $252,764
1.00 2005 $100,000 $60,485 $160,485 - - - 5% 40% 35% $8,024 $64,194 $56,170
1.00 2005 $100,000 $60,485 $160,485 $8,024 $64,194 $56,170
0.50 2013 $200,000 $120,970 $320,970 0.00 0.50 0.50 0% 100% 100% $0 $320,970 $320,970
0.50 2013 $200,000 $120,970 $320,970 $0 $320,970 $320,970
1.25 2014 $850,000 $514,124 $1,364,124 0.00 1.25 1.25 0% 100% 100% $0 $1,364,124 $1,364,124
1.25 2014 $850,000 $514,124 $1,364,124 $0 $1,364,124 $1,364,124
4.00 2016 $303,300 $183,452 $486,752 0.21 0.42 0.20 5% 10% 5% $25,778 $50,710 $24,931
4.00 2016 $303,300 $183,452 $486,752 $25,778 $50,710 $24,931
1.00 2016 $2,607,907 $1,577,397 $4,185,304 0.70 1.00 0.30 70% 100% 30% $2,929,713 $4,185,304 $1,255,591
1.00 2016 $2,607,907 $1,577,397 $4,185,304 $2,929,713 $4,185,304 $1,255,591
N/A 2016 $500,000 $302,426 $802,426 - - - 0% 10% 10% $0 $80,243 $80,243
N/A 2016 $500,000 $302,426 $802,426 $0 $80,243 $80,243
1.00 2016 $750,000 $453,639 $1,203,639 0.00 1.00 1.00 0% 100% 100% $0 $1,203,639 $1,203,639
1.00 2016 $750,000 $453,639 $1,203,639 $0 $1,203,639 $1,203,639
2.50 2016 $1,163,163 $703,541 $1,866,704 0.00 1.25 1.25 0% 50% 50% $0 $933,352 $933,352
2.50 2016 $1,163,163 $703,541 $1,866,704 $0 $933,352 $933,352
2.50 2016 $1,184,620 $716,519 $1,901,139 0.00 1.13 1.13 0% 45% 45% $0 $855,513 $855,513
2.50 2016 $1,184,620 $716,519 $1,901,139 $0 $855,513 $855,513
2.00 2016 $328,800 $198,875 $527,675 0.00 1.10 1.10 0% 55% 55% $0 $290,221 $290,221
2.00 2016 $328,800 $198,875 $527,675 $0 $290,221 $290,221
2.00 2016 $1,900,000 $1,149,218 $3,049,218 0.00 1.10 1.10 0% 55% 55% $0 $1,677,070 $1,677,070
2.00 2016 $1,900,000 $1,149,218 $3,049,218 $0 $1,677,070 $1,677,070
2.00 2016 $1,469,694 $888,947 $2,358,641 0.00 1.10 1.10 0% 55% 55% $0 $1,297,253 $1,297,253
2.00 2016 $1,469,694 $888,947 $2,358,641 $0 $1,297,253 $1,297,253
2.00 2016 $1,265,250 $765,289 $2,030,539 0.00 1.10 1.10 0% 55% 55% $0 $1,116,796 $1,116,796
2.00 2016 $1,265,250 $765,289 $2,030,539 $0 $1,116,796 $1,116,796
2.00 2016 $901,950 $545,546 $1,447,496 0.00 1.10 1.10 0% 55% 55% $0 $796,123 $796,123
2.00 2016 $901,950 $545,546 $1,447,496 $0 $796,123 $796,123
2.00 2016 $342,000 $206,859 $548,859 0.00 1.10 1.10 0% 45% 45% $0 $246,987 $246,987
2.00 2016 $342,000 $206,859 $548,859 $0 $246,987 $246,987
2.00 2016 $274,500 $166,032 $440,532 0.00 1.10 1.10 0% 55% 55% $0 $242,292 $242,292
2.00 2016 $274,500 $166,032 $440,532 $0 $242,292 $242,292
$22,046,184 $13,334,673 $35,380,857 $7,043,234 $24,562,532 $17,519,298
Existing Waterline Facility 1A & 1B
(MGD or MG) Utilized Capacity (%) Utilized Capacity ($) Utilized Capacity
Pipe
Number
Existing Waterline Facility 3
CGMA Treated Surface Water System - Bloomdale PS and GSR
Subtotal:
Existing Waterline Facility 1C
CGMA Treated Surface Water System - Treated Water S upply Line
Subtotal:
Existing Waterline Facility 2A
South Take Point - PS
Subtotal:
Existing Waterline Facility 2B
South Take Point - GSR
Subtotal:
Existing Waterline Facility 6B
18" WL From South Take Point to FM 455
Subtotal:
Existing Waterline Facility 4
West Well & GSR
Subtotal:
Existing Waterline Facility 5
West Well EST
Subtotal:
Existing Waterline Facility 6A
South Grayson System - Water Wells
Subtotal:
Existing Waterline Facility 9
South Grayson System - .35 MG EST
Subtotal:
Existing Waterline Facility 6C
South Grayson System - CCN Area
Subtotal:
Existing Waterline Facility 7
South Well Surface Water
Subtotal:
Existing Waterline Facility 8
North & West Wll Surface Water
Subtotal:
C.R. 1106 Waterline
Subtotal:
Existing Waterline Facility 10
Hackberry EST - 1.0 MG
Subtotal:
Existing Waterline Facility 11
U.S.-75 Parallel Water Line North of F.M. 455 (w/DEV)
Subtotal:
Existing Waterline Facility 16
U.S.-75 Parallel Water Line South of F.M. 455
Disinfection
Subtotal:
Existing Waterline Facility 12
Initial South Pump Station
Subtotal:
Existing Waterline Facility 13
South Distribution Line From West Well EST (w/DEV)
Water Facilities - Project CIP Total
Water Line for C.R.422 (w/DEV)
East-West Water Line along West Foster (w/DEV)
Subtotal:
Existing Waterline Facility 19
Water Line C.R.371 to Rosamond Pkwy. (w/DEV)
Subtotal:
Existing Waterline Facility 20
Subtotal:
Existing Waterline Facility 21
Subtotal:
Existing Waterline Facility 17
Subtotal:
Existing Waterline Facility 18
Subtotal:
Subtotal:
Existing Waterline Facility 14
East-West Water Line along future Hackberry Ln. West
Subtotal:
Existing Waterline Facility 15
Birkhoff, Hendricks & Carter, L.L.P.
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TABLE NO. 9
PROPOSED CAPITAL IMPROVEMENT PLAN - WATER LINES
2018 2028
During
Fee Period 2018 2028
During
Fee Period
15,631 12 $150.00 $2,344,650 $1,418,166 $3,762,816 0% 15% 15% $0 $564,422 $564,422
15,631 $2,344,650 $1,418,166 $3,762,816 $0 $564,422 $564,422
9,153 12 $150.00 $1,372,950 $830,431 $2,203,381 0% 11% 11% $0 $242,372 $242,372
609 12 X $50.00 $30,450 $18,418 $48,868 0% 11% 11% $0 $5,375 $5,375
9,762 $1,403,400 $848,849 $2,252,249 $0 $247,747 $247,747
2,678 12 $150.00 $401,700 $242,969 $644,669 0% 15% 15% $0 $96,700 $96,700
400 12 X $50.00 $20,000 $12,097 $32,097 0% 15% 15% $0 $4,815 $4,815
3,078 $421,700 $255,066 $676,766 $0 $101,515 $101,515
2,888 12 $150.00 $433,200 $262,022 $695,222 0% 23% 23% $0 $159,901 $159,901
3,991 12 X $50.00 $199,550 $120,698 $320,248 0% 23% 23% $0 $73,657 $73,657
6,879 $632,750 $382,720 $1,015,470 $0 $233,558 $233,558
10,793 12 $150.00 $1,618,950 $979,225 $2,598,175 0% 13% 13% $0 $337,763 $337,763
10,793 $1,618,950 $979,225 $2,598,175 $0 $337,763 $337,763
9,404 24 $200.00 $1,880,800 $1,137,605 $3,018,405 0% 100% 100% $0 $3,018,405 $3,018,405
9,404 $1,880,800 $1,137,605 $3,018,405 $0 $3,018,405 $3,018,405
8,459 12 X $50.00 $422,950 $255,822 $678,772 0% 63% 63% $0 $427,626 $427,626
8,459 $422,950 $255,822 $678,772 $0 $427,626 $427,626
1,642 12 X $50.00 $82,100 $49,658 $131,758 0% 96% 96% $0 $126,620 $126,620
1,642 $82,100 $49,658 $131,758 $0 $126,620 $126,620
4,069 12 $150.00 $610,350 $369,171 $979,521 0% 93% 93% $0 $907,037 $907,037
1,691 12 X $50.00 $84,550 $51,140 $135,690 0% 93% 93% $0 $125,649 $125,649
5,760 $694,900 $420,311 $1,115,211 $0 $1,032,686 $1,032,686
3,459 12 X $50.00 $172,950 $104,609 $277,559 0% 23% 23% $0 $63,839 $63,839
3,459 $172,950 $104,609 $277,559 $0 $63,839 $63,839
1,202 12 X $50.00 $60,100 $36,352 $96,452 0% 21% 21% $0 $20,255 $20,255
1,202 $60,100 $36,352 $96,452 $0 $20,255 $20,255
5,210 12 $150.00 $781,500 $472,692 $1,254,192 0% 52% 52% $0 $652,180 $652,180
523 12 X $50.00 $26,150 $15,817 $41,967 0% 52% 52% $0 $21,823 $21,823
5,733 $807,650 $488,509 $1,296,159 $0 $674,003 $674,003
1,485 8 $100.00 $148,500 $89,820 $238,320 0% 62% 62% $0 $147,759 $147,759
2,038 12 $150.00 $305,700 $184,903 $490,603 0% 26% 26% $0 $127,557 $127,557
9,970 16 $170.00 $1,694,900 $1,025,163 $2,720,063 0% 29% 29% $0 $788,818 $788,818
13,493 $2,149,100 $1,299,887 $3,448,987 $0 $1,064,134 $1,064,134
9,445 12 $150.00 $1,416,750 $856,924 $2,273,674 0% 44% 44% $0 $1,000,416 $1,000,416
4,049 16 $170.00 $688,330 $416,338 $1,104,668 0% 44% 44% $0 $486,054 $486,054
13,494 $2,105,080 $1,273,261 $3,378,341 $0 $1,486,470 $1,486,470
3,314 12 X $50.00 $165,700 $100,224 $265,924 0% 83% 83% $0 $220,717 $220,717
3,314 $165,700 $100,224 $265,924 $0 $220,717 $220,717
5,100 12 X $50.00 $255,000 $154,237 $409,237 0% 25% 25% $0 $102,309 $102,309
5,100 $255,000 $154,237 $409,237 $0 $102,309 $102,309
17,488 12 $150.00 $2,623,200 $1,586,647 $4,209,847 0% 63% 63% $0 $2,652,204 $2,652,204
17,488 $2,623,200 $1,586,647 $4,209,847 $0 $2,652,204 $2,652,204
4,616 12 $150.00 $692,400 $418,799 $1,111,199 0% 42% 42% $0 $466,704 $466,704
*** 6,502 12 X $50.00 $325,100 $196,637 $521,737 0% 42% 42% $0 $219,130 $219,130
11,118 $1,017,500 $615,437 $1,632,937 $0 $685,834 $685,834
Subtotal:
Subtotal:
Subtotal:
Subtotal:
Subtotal:
Subtotal:
Subtotal:
Subtotal:
12", east-west water line from S.P.R.R. to Slayter Creek, south of Taylor Blvd.
12" water line following F.M. 455, east of S.P.R.R.
Water Line #7
12" north-south water line from Taylor Blvd. to Outer Loop
Water Line #8
12" water line running south from Taylor Blvd. and South Ferguson Pkwy. to Outer Loop
(%) Utilized Capacity ($) Utilized Capacity
Water Line #1
12" water line along Collin Outer Loop and F.M.455 to South Plant
Line
Identification
Length
(Ft.)
Diameter
(Inches)
Developer
Participation
Avg. Unit Cost
($/Ft.)
Total Capital
Cost
($)
20 Year Debt
Service @ 5%
Simple Interest
Total 20 Year
Project
Cost ($)
Subtotal:
* Average Unit costs are based in 2018 dollars unless otherwise indicated and includes 20% for engineering and easements.
Water Line #2
12" water line - F.M. 455 southern offset wrapping back to SH 5, west of CR 419
Subtotal:
Water Line #3
12" water line north of the Outer Loop, along CR 422
Subtotal:
Water Line #4
12" Water Line north of the Outer Loop, towards Anna Crossing Subdivision
Water Line #5
Water Line #6
24", north-south water line along CR 369, from South Grayson's North Plant towards West Well
Water Line #9
Subtotal:
8", 12" & 16" water lines along SH 5, south from CR 1106 and continuing onto Fern St. near High school
Water Line #10
12" water line along Taylor Blvd. between U.S. 75 and S. Ferguson Pkwy.
Water Line #12
12" water line along CR 1106 between Dumas Dr. and CR 426
Water Line #13
12" water line along CR 426, South from CR 1106 to near Camden Park Subdivision
Water Line #14
Water Line #11
Not used
Subtotal:
Subtotal:
Subtotal:
Subtotal:
Subtotal:
Subtotal:
12" water line traversing between intersections CR 290 and CR 288 to CR 284 and U.S. 75
Water Line #15
12" & 16" water lines along Rosamond, west of SH 5, and turning south to CR 370
Water Line #17
12" water line along U.S. 75, south of CR 370
Water Line #19
12", north-south water line between west Rosamond Pkwy. and CR 371, west of West Well
Water Line #20
Water Line #21
Water Line #16
Water Line #18
Not used
Not used
12" water line parallel to CR 368 and CR 286, west of U.S. 75, from CR 370 to CR 284
Birkhoff, Hendricks & Carter, L.L.P.
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TABLE NO. 9 (Continued)
2018 2028
During
Fee Period 2018 2028
During
Fee Period
6,640 12 $150.00 $996,000 $602,432 $1,598,432 0% 45% 45% $0 $719,295 $719,295
6,640 $996,000 $602,432 $1,598,432 $0 $719,295 $719,295
28,063 12 X $50.00 $1,403,150 $848,698 $2,251,848 0% 14% 14% $0 $315,259 $315,259
28,063 $1,403,150 $848,698 $2,251,848 $0 $315,259 $315,259
6,414 24 $200.00 $1,282,800 $775,904 $2,058,704 0% 8% 8% $0 $164,696 $164,696
6,414 $1,282,800 $775,904 $2,058,704 $0 $164,696 $164,696
12,676 12 X $50.00 $633,800 $383,355 $1,017,155 0% 55% 55% $0 $559,435 $559,435
12,676 $633,800 $383,355 $1,017,155 $0 $559,435 $559,435
1,685 16 X $70.00 $117,950 $71,342 $189,292 0% 8% 8% $0 $15,143 $15,143
1,685 $117,950 $71,342 $189,292 $0 $15,143 $15,143
20,898 18 X $85.00 $1,776,330 $1,074,416 $2,850,746 0% 25% 25% $0 $712,687 $712,687
20,898 $1,776,330 $1,074,416 $2,850,746 $0 $712,687 $712,687
7,701 18 $185.00 $1,424,685 $861,723 $2,286,408 0% 45% 45% $0 $1,028,884 $1,028,884
7,701 $1,424,685 $861,723 $2,286,408 $0 $1,028,884 $1,028,884
9,289 18 $185.00 $1,718,465 $1,039,417 $2,757,882 0% 45% 45% $0 $1,241,047 $1,241,047
9,289 $1,718,465 $1,039,417 $2,757,882 $0 $1,241,047 $1,241,047
3,249 12 X $50.00 $162,450 $98,258 $260,708 0% 80% 80% $0 $208,567 $208,567
3,249 $162,450 $98,258 $260,708 $0 $208,567 $208,567
6,196 18 $185.00 $1,146,260 $693,317 $1,839,577 0% 40% 40% $0 $735,831 $735,831
6,196 $1,146,260 $693,317 $1,839,577 $0 $735,831 $735,831
5,969 12 $150.00 $895,350 $541,554 $1,436,904 0% 45% 45% $0 $646,607 $646,607
5,969 $895,350 $541,554 $1,436,904 $0 $646,607 $646,607
1,510 12 $150.00 $226,500 $136,999 $363,499 0% 100% 100% $0 $363,499 $363,499
1,510 $226,500 $136,999 $363,499 $0 $363,499 $363,499
1,304 12 X $50.00 $65,200 $39,436 $104,636 0% 100% 100% $0 $104,636 $104,636
1,304 $65,200 $39,436 $104,636 $0 $104,636 $104,636
3,900 12 $150.00 $585,000 $353,838 $938,838 0% 75% 75% $0 $704,129 $704,129
3,900 $585,000 $353,838 $938,838 $0 $704,129 $704,129
7,602 12 X $50.00 $380,100 $229,904 $610,004 0% 15% 15% $0 $91,501 $91,501
7,602 $380,100 $229,904 $610,004 $0 $91,501 $91,501
4,348 12 X $50.00 $217,400 $131,495 $348,895 0% 15% 15% $0 $52,334 $52,334
4,348 $217,400 $131,495 $348,895 $0 $52,334 $52,334
4,565 12 X $50.00 $228,250 $138,057 $366,307 0% 15% 15% $0 $54,946 $54,946
4,565 $228,250 $138,057 $366,307 $0 $54,946 $54,946
2,757 16 X $70.00 $192,990 $116,730 $309,720 0% 15% 15% $0 $46,458 $46,458
2,757 $192,990 $116,730 $309,720 $0 $46,458 $46,458
4,059 16 $170.00 $690,030 $417,366 $1,107,396 0% 25% 25% $0 $276,849 $276,849
4,059 $690,030 $417,366 $1,107,396 $0 $276,849 $276,849
3,099 12 $50.00 $154,950 $93,722 $248,672 0% 25% 25% $0 $62,168 $62,168
3,099 $154,950 $93,722 $248,672 $0 $62,168 $62,168
5,816 16 X $70.00 $407,120 $246,247 $653,367 0% 15% 15% $0 $98,005 $98,005
5,816 $407,120 $246,247 $653,367 $0 $98,005 $98,005
5,676 18 X $85.00 $482,460 $291,817 $774,277 0% 15% 15% $0 $116,142 $116,142
5,676 $482,460 $291,817 $774,277 $0 $116,142 $116,142
299,225 $34,045,720 $20,592,613 $54,638,333 $21,378,225 $21,378,225
Diameter
(Inches)
Developer
Participation
Avg. Unit Cost
($/Ft.)
Total Capital
Cost
($)
20 Year Debt
Service @ 5%
Simple Interest
Total 20 Year
Project
Cost ($)
(%) Utilized Capacity ($) Utilized Capacity
J-### : Reference to Water System Master Plan Map- Node Number
P-### : Reference to Water SystemMater Plan Map-Water Line Number
"X" : Developer Participation
12-inch P-935
Subtotal:
Water Line #42
16-inch P-769
Subtotal:
Water Line #43
18-inch P-828, P-760
Subtotal:
Water Lines - CIP Total
TOTAL
12-inch J-725, J-727
Subtotal:
Water Line #39
16-inch P-563
Subtotal:
Water Line #40
16-inch P-588
Subtotal:
Water Line #41
Subtotal:
Subtotal:
Subtotal:
Subtotal:
Subtotal:
Subtotal:
Subtotal:
Subtotal:
Subtotal:
Subtotal:
Water Line #37
12-inch P-809
Subtotal:
Water Line #38
Water Line #36
12-inch P-524, P-790, P-803
12" water lines crossing south of proposed western T-02 EST
Water Line #24
18" water line continuation along future western Collin County Outer Loop, west of S.H. 5
Water Line #25
12", north-south water line, generally parallel to and east of U.S.75 between CR 371 and F.M. 455
Water Line #26
16" water line crossing U.S. 75 at CR 371
Water Line #27
18" water line along future western Collin County Outer Loop and north to CR 285
Water Line #28
12-inch P-742
Subtotal:
Water Line #35
Water Line #33
Subtotal:
Water Line #34
12-inch P-528
12-inch P-931
12-inch P-610, P-611, P-847
18-inch P-758
Subtotal:
Water Line #29
18" water line along F.M. 455 between the creek near CR. 419 to near S.H. 121
Water Line #30
12" water line along S.H. 5 and CR 423, south of F.M. 455
Water Line #31
Subtotal:
24" water line running west from South Grayson's North Plant to near U.S. 75
Water Line #32
Subtotal:
Water Line #22
12", east-west water line between CR 368 and CR 370 to CR 290 and CR 288
Water Line #23
* Average Unit costs are based in 2018 dollars unless otherwise indicated and includes 20% for engineering and easements.
Line
Identification
Length
(Ft.)
Birkhoff, Hendricks & Carter, L.L.P.
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TABLE NO. 10
PROPOSED CAPITAL IMPROVEMENT PLAN - WATER FACILITIES
* Average Unit costs are based in 2018 dollars unless otherwise indicated and includes 20% for engineering and easements.
Total
Capacity
(MG/MGD)
Total Capital
Cost ($)
20 Year Debt
Service @ 5%
Simple Interest
Total 20 Year
Project
Cost ($)2018 2028
During
Fee
Period 2018 2028
During
Fee Period 2018 2028
During
Fee Period
1.00 $3,000,000 $1,814,555 $4,814,555 0.00 0.75 0.75 0% 80% 80% $0 $3,851,644 $3,851,644
1.00 $3,000,000 $1,814,555 $4,814,555 $0 $3,851,644 $3,851,644
5.00 $1,500,000 $907,278 $2,407,278 0.00 1.00 1.00 0% 20% 20% $0 $481,456 $481,456
5.00 $1,500,000 $907,278 $2,407,278 $0 $481,456 $481,456
N/A $1,000,000 $604,852 $1,604,852 0.00 2.00 2.00 0% 10% 10% $0 $160,485 $160,485
N/A $1,000,000 $604,852 $1,604,852 $0 $160,485 $160,485
N/A $2,000,000 $1,209,703 $3,209,703 0.00 2.00 2.00 0% 10% 10% $0 $320,970 $320,970
N/A $2,000,000 $1,209,703 $3,209,703 $0 $320,970 $320,970
1.50 $1,500,000 $907,278 $2,407,278 0.00 1.50 1.50 0% 100% 100% $0 $2,407,278 $2,407,278
1.50 $1,500,000 $907,278 $2,407,278 $0 $2,407,278 $2,407,278
0.50 $700,000 $423,396 $1,123,396 0.00 0.50 0.50 0% 100% 100% $0 $1,123,396 $1,123,396
0.50 $700,000 $423,396 $1,123,396 $0 $1,123,396 $1,123,396
$9,700,000 $5,867,062 $15,567,062 $0 $8,345,229 $8,345,229
CGMA Sherman Connection
(MGD or MG) Utilized
Capacity (%) Utilized Capacity ($) Utilized Capacity
Pipe
Number
1 MG EST
Subtotal:
South Plant Pump Station Expansion
Subtotal:
Water Facilities - CIP Total
Subtotal:
CGMA Bloomdale Pump Station
Subtotal:
South Grayson Take Point - 1.5 MGD Pump
Subtotal:
South Grayson Take Point - 0.5 GSR
Subtotal:
Birkhoff, Hendricks & Carter, L.L.P.
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VI. WASTEWATER COLLECTION SYSTEM
General
At this time, based on projections provided by the City, the City of Anna will approximately
double in population over the ten-year period. The most significant growth, that affects the
wastewater collection needs of the City, will occur in the Slayter Creek Basin, along the US
75 corridor, east of SH 5 and along Hurricane Creek west of US 75.
The wastewater collection system is partially in place to serve the new development. The
existing Slayter Creek Wastewater Treatment Plant (WWTP), as well as the Point Of Entry
(POE) to the NTWMD system, provide treatment for the sewage. Conveyance from the new
developments to these existing facilities will be required. The City of Anna’s flow is
metered at the WWTP and at two Points of Entry into the regional NTMWD lines.
New developments in certain areas of the City will require wastewater lift stations and force
mains to convey sewage towards the existing collection system
A. Existing Wastewater System
Figure No. 3, the Existing Wastewater Facility Recovery Map, shows projects that have been
constructed in part by the City, and are eligible for some financial recovery. Summaries of
major project undertakings for the City are listed below.
· Throckmorton Creek 21-inch Collection: In approximately 2003, the City staff
entered into a contract to construct approximately 4,500 linear feet of 21-inch PVC
collection line. This facilitated the construction of single family homes adjacent to
FM 455. It also picked up flow from the commercial development located at the
intersection of US 75 and FM 455.
· Slayter Creek 24-inch Collection Line: In approximately 2005, the City staff entered
into a contract to construct approximately 7,000 linear feet of 24-inch PVC
collection line. This facilitated the construction of single family homes in the Slayter
Creek basin north of FM 455.
· Clemmons Creek Point of Entry: In approximately 2005, the City staff entered into a
joint contract with the City of Melissa to construct a 15-inch regional sanitary sewer
collector line. The existing line terminated approximately one-half mile south of the
Birkhoff, Hendricks & Carter, L.L.P.
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City of Anna City Limit lines. Around 2016, this line was extended into the City of
Anna to facilitate growth east of SH 5.
· Throckmorton Creek Point of Entry: In approximately 2009, the City staff entered
into a joint contract with the City of Melissa to construct a 21-inch regional sanitary
sewer collector line. A large percentage of the projected growth will be conveyed to
the Throckmorton Creek POE.
B. Proposed Wastewater Capital Improvement Plan
Figure No. 4 illustrates the proposed wastewater system improvements based on meeting the
10-year, future demands of new developments for the City of Anna. The expectation is that
each line will be engineered based on the demands associated with the current land use plan
and any special circumstances particular to a business or operation that might potentially
overload the system due to specific demand issues.
Birkhoff, Hendricks & Carter, L.L.P.
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FIGURE 3
WASTEWATER COLLECTION SYSTEM : EXISTING FACILITY RECOVERY
Birkhoff, Hendricks & Carter, L.L.P.
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FIGURE 4
WASTEWATER COLLECTION SYSTEM : CAPITAL IMPROVEMENT PLAN
Birkhoff, Hendricks & Carter, L.L.P.
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TABLE NO. 10
10-YEAR WASTEWATER CAPITAL IMPROVEMENT PLAN
Project Size
Developer
Participation
Total
Capital
Cost (1)
Debt
Service (2)
Total Project
Cost ($)
Throckmorton Creek Parallel Line #1 VARIES (27)"" $3,788,325 $2,291,375 $6,079,700
Sanitary Sewer Line #2 36"" X $7,895,360 $4,775,522 $12,670,882
Sanitary Sewer Line #3 18" X $2,399,265 $1,451,200 $3,850,465
Sanitary Sewer Line #4A $3,087,500 $1,867,480 $4,954,980
Sanitary Sewer Line #4B 12"" X $3,935,000 $2,380,092 $6,315,092
Sanitary Sewer Line #5 12"" X $684,900 $414,263 $1,099,163
Sanitary Sewer Line #6 12"" X $490,950 $296,952 $787,902
Sanitary Sewer Line #7 15"" X $1,445,000 $874,011 $2,319,011
Sanitary Sewer Line #8 8"" X $326,700 $197,605 $524,305
Sanitary Sewer Line #9 18"" $241,425 $146,026 $387,451
Sanitary Sewer Line #10 12"" $639,450 $386,772 $1,026,222
Sanitary Sewer Line #11 (Camden Park Offsite Gravity) 8",12"" X $304,780 $184,347 $489,127
Sanitary Sewer Line #12 (Sweetwater F.M.) 10"" X $504,000 $304,845 $808,845
Sanitary Sewer Line #14 (F.M.) 12"" X $1,479,850 $895,090 $2,374,940
Sanitary Sewer Line #15 (F.M.) 20"" X $2,544,000 $1,538,743 $4,082,743
Sanitary Sewer Line #16 12" $1,150,000 $695,580 $1,845,580
Sanitary Sewer Line #17 12" $700,000 $423,396 $1,123,396
Subtotal: Wastewater Collection Lines $31,616,505 $19,123,298 $50,739,803
$50,739,803
Wastewater System Facilities
Project
Size
(MG/MGD)
Developer
Participation
Total
Capital
Cost (1)
Debt
Service (2)
Total Project
Cost ($)
Sweetwater Lift Station (#18) 1.30 X $498,200 $301,337 $799,537
Jacobs Lift Station (#19)1.60 $750,000 $453,639 $1,203,639
WS2 Lift Station (#20)9.01 X $2,250,000 $1,360,916 $3,610,916
NTMWD Meter Station (#22) N/A $350,000 $211,698 $561,698
Trinity Meter Station (#23)N/A $500,000 $302,426 $802,426
Subtotal: Wastewater Collection Facilities $4,348,200 $2,630,016 $6,978,216
Wastewater Master Plan $50,000 $0 $50,000
Wastewater CIP Grand Total $36,014,705 $21,753,315 $57,768,020
C. Utilized Capacity
Utilized capacity for the wastewater collection system was calculated based on land
absorption from population growth projections provided by the City. The population and
employment growth in each wastewater drainage basin was determined utilizing the City’s
growth projections. These growth rates were utilized to calculate 2018 and 2028 design
flows.
Birkhoff, Hendricks & Carter, L.L.P.
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The following summarizes each design flow component utilized to calculate the wastewater
design flows.
1) Population Based Flow: For the purpose of this wastewater impact fee study an average
per capita flow of 100 gallons per day (gpcd) is a reasonable basis for the design of the
wastewater collection and treatment facilities.
2) Non-Population Based Flow: Non-residential average flows are estimated based on an
average flow per acre for each non-residential land use category. Commercial base unit
flows were estimated to be 1,500 gallons per acre per day (gpad) to simulate dry weather
conditions. The City also has a public component to consider. The unit for public
components was estimated to be 1,000 gpad.
3) Infiltration and Inflow: Groundwater can infiltrate into the sanitary sewer system through
faulty sewer pipe joints, breaks in sewer pipes and manholes and faulty service lines.
This infiltration creates an average day flow related burden on the wastewater collection
system and the wastewater treatment plant. Infiltration is a constant that is not
necessarily based on temporary storm based environmental conditions. Normal plant
capacity must be designed to handle these infiltration related conditions. The City can
embark on programs to rehabilitate lines that contribute significant infiltration volumes
when economically and environmentally feasible, and/or desirable.
Inflow is generally related to storm based events that increase groundwater and surface
water flow into the sanitary system. The additional flow is generally recognized to enter
through manholes, service lines, roof drains and storm drains. Inflow related surges
could cause surcharged sewers, overflows at manholes and peak flows that surpass the
capacity of the treatment plant. It is estimated, for wastewater collection system
planning purposes, that the combined infiltration and inflow is 800 gallons per acre per
day (gpad) for the existing wastewater collection system and 600 gpad for the new lines
proposed in the build-out wastewater collection system.
Birkhoff, Hendricks & Carter, L.L.P.
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4) The calculation of peak flows requires the development of a unit hydrograph (Diurnal
Curve). At the time of this report, a sufficient amount of wastewater flow data was not
available to allow for a feasible approach for the development of a diurnal curve specific
to the City of Anna. However, unit hydrographs from other cities monitored in the past
were evaluated and compiled into a diurnal curve that reasonably represents the peak
flow in the City of Anna. Diurnal curves are applied to the hydraulic model to simulate
a 24-hour temporal cycle in a wastewater system. The diurnal curve was applied system
wide to the base flows. The base flow calculated for inflow and infiltration is an
independent variable that is not affected by the Diurnal Pattern.
The percent utilized capacity was calculated for the design flow of each study year based on
the build-out capacity. The utilized capacity for each facility during the Impact Fee period is
the difference between the year 2028 available capacity and the year 2018 available capacity.
Table No. 11 below summarizes the project cost and utilized cost over the impact fee period
of 2018 - 2028 for each element of the wastewater system (impact fee eligible). The utilized
capacity for each existing and proposed wastewater collection line is presented in detail in
Impact Fee Capacity Calculation Tables No. 13, No. 14, and No. 15.
TABLE NO. 11
SUMMARY OF ELIGIBLE CAPITAL COST & UTILIZED CAPACITY COST
Wastewater System Master Plan
Existing Wastewater Facilities
Wastewater System
$82,713,493
$57,768,020
$6,978,216
$50,739,803
$24,945,474
$50,000
$24,945,474
Total 20-Year Project Cost
($)
TOTAL:
Proposed Water System Subtotal:
Proposed Wastewater Facilities
Proposed Wastewater Collection Sewer Lines
Existing Wastewater System Subtotal:
$50,000
$8,167,784
Utilized Capacity During
Fee Period
($)
$38,233,015
$30,065,231
$5,723,222
$24,292,009
$8,167,784
Birkhoff, Hendricks & Carter, L.L.P.
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TABLE NO. 12
EXISTING FACILITY RECOVERY - WASTEWATER LINES & FACILITIES
* Average Unit costs are based in 2014 dollars unless otherwise indicated and includes 20% for engineering and easements.
2018 2028
During
Fee
Period 2018 2028
During
Fee Period 2018 2028
During
Fee Period
9.60 2005 $2,050,000 $1,239,946 $3,289,946 0.13 1.40 1.27 1% 15% 13% $46,051 $479,784 $433,733
9.60 2005 $2,050,000 $1,239,946 $3,289,946 $46,051 $479,784 $433,733
5.60 2008 $1,090,000 $659,288 $1,749,288 0.23 1.40 1.17 4% 25% 21% $71,957 $437,322 $365,365
5.60 2008 $1,090,000 $659,288 $1,749,288 $71,957 $437,322 $365,365
6.07 2016 $1,453,145 $878,937 $2,332,082 0.00 1.52 1.52 0% 25% 25% $0 $583,021 $583,021
6.07 2016 $1,453,145 $878,937 $2,332,082 $0 $583,021 $583,021
4.80 2015 $900,000 $544,367 $1,444,367 0.00 4.80 4.80 0% 100% 100% $0 $1,444,367 $1,444,367
4.80 2015 $900,000 $544,367 $1,444,367 $0 $1,444,367 $1,444,367
1.00 2005 $1,105,000 $668,361 $1,773,361 0.84 0.91 0.07 84% 91% 7% $1,486,980 $1,615,484 $128,504
1.00 2005 $1,105,000 $668,361 $1,773,361 $1,486,980 $1,615,484 $128,504
3.00 2008 $1,715,000 $1,037,321 $2,752,321 0.00 0.70 0.70 0% 23% 23% $0 $642,208 $642,208
3.00 2008 $1,715,000 $1,037,321 $2,752,321 $0 $642,208 $642,208
3.00 2016 $1,376,210 $832,403 $2,208,613 0.06 0.90 0.84 2% 30% 28% $44,172 $662,584 $618,412
3.00 2016 $1,376,210 $832,403 $2,208,613 $44,172 $662,584 $618,412
2.00 2015 $680,000 $411,299 $1,091,299 0.04 0.60 0.56 2% 30% 28% $21,826 $327,390 $305,564
2.00 2015 $680,000 $411,299 $1,091,299 $21,826 $327,390 $305,564
2.00 2015 $320,000 $193,553 $513,553 0.04 0.60 0.56 2% 30% 28% $10,271 $154,066 $143,795
2.00 2015 $320,000 $193,553 $513,553 $10,271 $154,066 $143,795
0.50 2005 $1,965,000 $1,188,534 $3,153,534 0.35 0.50 0.15 70% 100% 30% $2,207,474 $3,153,534 $946,060
0.50 2005 $1,965,000 $1,188,534 $3,153,534 $2,207,474 $3,153,534 $946,060
0.50 2014 $651,832 $394,262 $1,046,094 0.35 0.50 0.15 70% 100% 30% $732,266 $1,046,094 $313,828
0.50 2014 $651,832 $394,262 $1,046,094 $732,266 $1,046,094 $313,828
6.00 2018 $1,577,600 $954,214 $2,531,814 0.50 3.00 2.50 8% 50% 42% $202,545 $1,265,907 $1,063,362
6.00 2018 $1,577,600 $954,214 $2,531,814 $202,545 $1,265,907 $1,063,362
6.00 2018 $1,750,000 $1,058,491 $2,808,491 0.50 3.00 2.50 8% 50% 42% $224,679.24 $1,404,245 $1,179,566
6.00 2018 $1,750,000 $1,058,491 $2,808,491 $224,679 $1,404,245 $1,179,566
$16,633,787 $10,060,975 $24,945,474 $4,976,263 $13,216,005 $8,167,784
Slayter Creek WWTP Headworks Lift Station
Subtotal:
Wastewater Facilities - Project Recovery Total
Anna Crossing Lift Station
Subtotal:
Existing Sanitary Sewer Facility #10
Slayter Creek WWTP
Subtotal:
Existing Sanitary Sewer Facility #11
Existing Sanitary Sewer Facility #12
16 inch Force Main
Subtotal:
Existing Sanitary Sewer Facility #13
WAS1 Lift Station
Subtotal:
Existing Sanitary Sewer Facility #9
Upper Slayter Creek Trunk Sewer
Subtotal:
Existing Sanitary Sewer Facility #6
Clemmons Creek Regional Trunk Sewer (Lower)
Subtotal:
Existing Sanitary Sewer Facility #7
Clemmons Creek Regional Trunk Sewer (Upper)
Subtotal:
Existing Sanitary Sewer Facility #8
Anna Crossing L.S. Force Main
Subtotal:
(MGD) Utilized Capacity (%) Utilized Capacity ($) Utilized Capacity
Existing Sanitary Sewer Facility #5
Throckmorton Creek Regional Trunk Sewer (Lower)
Subtotal:
Existing Sanitary Sewer Facility #2
Throckmorton Creek Regional Trunk Sewer (Upper)
Subtotal:
Existing Sanitary Sewer Facility #3
Throckmorton L.S. Relief Trunk Sewer
Subtotal:
Existing Sanitary Sewer Facility #4
Slayter Creek Trunk Sewer
Subtotal:
Existing Sanitary Sewer Facility #1
Pipe
Number
Total
Capacity
(MGD) Date of Const.
Total Capital
Cost ($)
20 Year Debt
Service @ 5%
Simple Interest
Total 20 Year
Project
Cost ($)
Birkhoff, Hendricks & Carter, L.L.P.
j:\clerical\anna\2018-133 w&ww impact fee update 2018\reports\04-report.docx - Water and Wastewater Impact Fee Update 2018-2028
Page 24 of 27
TABLE NO. 13
PROPOSED CAPITAL IMPROVEMENT PLAN - WASTEWATER LINES
* Average Unit costs are based in 2014 dollars unless otherwise indicated and includes 20% for engineering and easements.
2018 2028
During
Fee
Period 2018 2028
During
Fee Period 2018 2028
During
Fee Period
9.60 2005 $2,050,000 $1,239,946 $3,289,946 0.13 1.40 1.27 1% 15% 13% $46,051 $479,784 $433,733
9.60 2005 $2,050,000 $1,239,946 $3,289,946 $46,051 $479,784 $433,733
5.60 2008 $1,090,000 $659,288 $1,749,288 0.23 1.40 1.17 4% 25% 21% $71,957 $437,322 $365,365
5.60 2008 $1,090,000 $659,288 $1,749,288 $71,957 $437,322 $365,365
6.07 2016 $1,453,145 $878,937 $2,332,082 0.00 1.52 1.52 0% 25% 25% $0 $583,021 $583,021
6.07 2016 $1,453,145 $878,937 $2,332,082 $0 $583,021 $583,021
4.80 2015 $900,000 $544,367 $1,444,367 0.00 4.80 4.80 0% 100% 100% $0 $1,444,367 $1,444,367
4.80 2015 $900,000 $544,367 $1,444,367 $0 $1,444,367 $1,444,367
1.00 2005 $1,105,000 $668,361 $1,773,361 0.84 0.91 0.07 84% 91% 7% $1,486,980 $1,615,484 $128,504
1.00 2005 $1,105,000 $668,361 $1,773,361 $1,486,980 $1,615,484 $128,504
3.00 2008 $1,715,000 $1,037,321 $2,752,321 0.00 0.70 0.70 0% 23% 23% $0 $642,208 $642,208
3.00 2008 $1,715,000 $1,037,321 $2,752,321 $0 $642,208 $642,208
3.00 2016 $1,376,210 $832,403 $2,208,613 0.06 0.90 0.84 2% 30% 28% $44,172 $662,584 $618,412
3.00 2016 $1,376,210 $832,403 $2,208,613 $44,172 $662,584 $618,412
2.00 2015 $680,000 $411,299 $1,091,299 0.04 0.60 0.56 2% 30% 28% $21,826 $327,390 $305,564
2.00 2015 $680,000 $411,299 $1,091,299 $21,826 $327,390 $305,564
2.00 2015 $320,000 $193,553 $513,553 0.04 0.60 0.56 2% 30% 28% $10,271 $154,066 $143,795
2.00 2015 $320,000 $193,553 $513,553 $10,271 $154,066 $143,795
0.50 2005 $1,965,000 $1,188,534 $3,153,534 0.35 0.50 0.15 70% 100% 30% $2,207,474 $3,153,534 $946,060
0.50 2005 $1,965,000 $1,188,534 $3,153,534 $2,207,474 $3,153,534 $946,060
0.50 2014 $651,832 $394,262 $1,046,094 0.35 0.50 0.15 70% 100% 30% $732,266 $1,046,094 $313,828
0.50 2014 $651,832 $394,262 $1,046,094 $732,266 $1,046,094 $313,828
6.00 2018 $1,577,600 $954,214 $2,531,814 0.50 3.00 2.50 8% 50% 42% $202,545 $1,265,907 $1,063,362
6.00 2018 $1,577,600 $954,214 $2,531,814 $202,545 $1,265,907 $1,063,362
6.00 2018 $1,750,000 $1,058,491 $2,808,491 0.50 3.00 2.50 8% 50% 42% $224,679.24 $1,404,245 $1,179,566
6.00 2018 $1,750,000 $1,058,491 $2,808,491 $224,679 $1,404,245 $1,179,566
$16,633,787 $10,060,975 $24,945,474 $4,976,263 $13,216,005 $8,167,784
Existing Sanitary Sewer Facility #1
Pipe
Number
Total
Capacity
(MGD) Date of Const.
Total Capital
Cost ($)
20 Year Debt
Service @ 5%
Simple Interest
Total 20 Year
Project
Cost ($)
(MGD) Utilized Capacity (%) Utilized Capacity ($) Utilized Capacity
Existing Sanitary Sewer Facility #5
Throckmorton Creek Regional Trunk Sewer (Lower)
Subtotal:
Existing Sanitary Sewer Facility #2
Throckmorton Creek Regional Trunk Sewer (Upper)
Subtotal:
Existing Sanitary Sewer Facility #3
Throckmorton L.S. Relief Trunk Sewer
Subtotal:
Existing Sanitary Sewer Facility #4
Slayter Creek Trunk Sewer
Subtotal:
Existing Sanitary Sewer Facility #9
Upper Slayter Creek Trunk Sewer
Subtotal:
Existing Sanitary Sewer Facility #6
Clemmons Creek Regional Trunk Sewer (Lower)
Subtotal:
Existing Sanitary Sewer Facility #7
Clemmons Creek Regional Trunk Sewer (Upper)
Subtotal:
Existing Sanitary Sewer Facility #8
Anna Crossing L.S. Force Main
Subtotal:
Slayter Creek WWTP Headworks Lift Station
Subtotal:
Wastewater Facilities - Project Recovery Total
Anna Crossing Lift Station
Subtotal:
Existing Sanitary Sewer Facility #10
Slayter Creek WWTP
Subtotal:
Existing Sanitary Sewer Facility #11
Existing Sanitary Sewer Facility #12
16 inch Force Main
Subtotal:
Existing Sanitary Sewer Facility #13
WAS1 Lift Station
Subtotal:
Birkhoff, Hendricks & Carter, L.L.P.
j:\clerical\anna\2018-133 w&ww impact fee update 2018\reports\04-report.docx - Water and Wastewater Impact Fee Update 2018-2028
Page 25 of 27
TABLE NO. 14
PROPOSED CAPITAL IMPROVEMENT PLAN - WASTEWATER FACILITIES
* Average Unit costs are based in 2014 dollars unless otherwise indicated and includes 20% for engineering and easements.
Total
Capacity
Total Capital
Cost ($)
20 Year Debt
Service @ 5%
Simple Interest
Total 20 Year
Project
Cost ($)2018 2028
During
Fee Period 2018 2028
During
Fee Period 2018 2028
During
Fee Period
1.30 $498,200 $301,337 $799,537 0.00 1.30 1.30 0% 100% 100% $0 $799,537 $799,537
1.30 $498,200 $301,337 $799,537 $0 $799,537 $799,537
1.60 $750,000 $453,639 $1,203,639 0.00 1.60 1.60 0% 100% 100% $0 $1,203,639 $1,203,639
1.60 $750,000 $453,639 $1,203,639 $0 $1,203,639 $1,203,639
9.01 $2,250,000 $1,360,916 $3,610,916 0.00 9.01 9.01 0% 100% 100% $0 $3,610,916 $3,610,916
9.01 $2,250,000 $1,360,916 $3,610,916 $0 $3,610,916 $3,610,916
N/A $350,000 $211,698 $561,698 N/A N/A N/A 0% 8% 8% $0 $44,936 $44,936
N/A $350,000 $211,698 $561,698 $0 $44,936 $44,936
N/A $500,000 $302,426 $802,426 N/A N/A N/A 0% 8% 8% $0 $64,194 $64,194
N/A $500,000 $302,426 $802,426 $0 $64,194 $64,194
$4,348,200 $2,630,016 $6,978,216 $0 $5,723,222 $5,723,222
(MGD) Utilized Capacity (%) Utilized Capacity ($) Utilized Capacity
Pipe
Number
WS2 Lift Station (#20)
Sweetwater Lift Station (#18)
Subtotal:
Jacobs Lift Station (#19)
Subtotal:
Subtotal:
Wastewater Facilities - Project CIP Total
Subtotal:
NTMWD Meter Station (#22)
Subtotal:
Trinity Meter Station (#23)
Birkhoff, Hendricks & Carter, L.L.P.
j:\clerical\anna\2018-133 w&ww impact fee update 2018\reports\04-report.docx - Water and Wastewater Impact Fee Update 2018-2028
Page 26 of 27
VII. CALCULATION OF MAXIMUM IMPACT FEES - WATER & WASTEWATER
SYSTEM
The maximum impact fees for the water and wastewater systems are calculated separately by
dividing the cost of the capital improvements or facility expansions necessitated and attributable
to new development in the service area within the ten year period by the number of living units
anticipated to be added to City within the ten year period as shown on the following tables. To
simplify collection, we recommend the fee remain fixed throughout the 5-year period, unless
changed by Council.
=
=$17,613,298 +$29,723,454 =$47,336,752
5,248
=$9,020.28 Use:$9,020
$9,020 x 50%=$4,510
5,248
Eligible Existing Utilized Cost + Eligible Proposed Utilized Cost
Number of New LUE's over the Next 10 Years
Calculated Water Impact Fee
Maximum Water Impact Fee Allowable:
=
=$8,167,784 +$30,065,231 =$38,233,015
4,687
=$8,157.46 Use:$8,157
$8,157 x 50% $4,079
Calc. Wastewater Impact Fee Eligible Existing Utilized Cost + Eligible Proposed Utilized Cost
4,687
Number of New LUE's over the Next 10 Years
Maximum Wastewater Impact Fee Allowed:
Based on the Allowable Maximum Impact Fee Calculation for Water and Wastewater, Table
No. 15 calculates the maximum water and wastewater (sewer) impact fee for the various sizes of
water meters.
Birkhoff, Hendricks & Carter, L.L.P.
j:\clerical\anna\2018-133 w&ww impact fee update 2018\reports\04-report.docx - Water and Wastewater Impact Fee Update 2018-2028
Page 27 of 27
TABLE NO. 15
ALLOWABLE MAXIMUM FEE PER LIVING UNIT EQUIVALENT
AND
PER METER SIZE AND TYPE
$4,510
$4,079
Meter Meter Maximum Impact Fee
Type Size LUE Water Wastewater Total
Simple 3/4" 1 $4,510 $4,079 $8,589
Simple 1" 1.7 $7,667 $6,933 $14,601
Simple 1-1/2" 3.3 $14,883 $13,459 $28,343
Simple 2" 5.3 $23,904 $21,616 $45,520
Compound 2" 5.3 $23,904 $21,616 $45,520
Turbine 2" 6.7 $30,218 $27,326 $57,544
Compound 3" 10.7 $48,259 $43,640 $91,898
Turbine 3" 16 $72,162 $65,256 $137,418
Compound 4" 16.7 $75,319 $68,111 $143,430
Turbine 4" 28 $126,284 $114,198 $240,482
Compound 6" 33.3 $150,188 $135,814 $286,002
Turbine 6" 61.3 $276,472 $250,012 $526,484
Compound 8" 53.3 $240,391 $217,384 $457,775
Turbine 8" 106.7 $481,232 $435,176 $916,408
Compound 10" 153.3 $691,405 $625,234 $1,316,639
Turbine 10" 166.7 $751,840 $679,886 $1,431,726
Turbine 12" 220 $992,231 $897,270 $1,889,501
Land Use
Maximum Water Impact fee per LUE
Maximum Wastewater Impact fee per LUE
Single Family Residential
Single Family Residential
Single Family Residential
Single Family Residential
Commercial/Retail
Commercial/Retail
Commercial/Retail/Multi Family
Commercial/Retail/Multi Family
Commercial/Retail/Multi Family
Commercial/Retail/Multi Family
Industrial
Industrial
Industrial
Industrial
Industrial
Industrial
Industrial
Note: Selection of the meter size and type shall be dependent on application, and with the input of both
the applicant and City staff.
2018-2028
WATER AND WASTEWATER IMPACT FEE UPDATE
BIRKHOFF, HENDRICKS & CARTER, L.L.P.
PROFESSIONAL ENGINEERS - TBPE Firm No. 526
11910 Greenville Ave., Suite 600, Dallas, Texas 75243
Phone (214) 361-7900
September 2018
Item No. 12.
City Council Agenda
Staff Report
Meeting Date: 9/11/2018
AG E ND A IT E M :
Consider/Discuss/Action approving an Ordinance adopting the F Y 2018-2019 B udget (Dana
Thornhill)
S UM M ARY:
T he A nnual Budget and P lan of Municipal Services is the most important document adopted by
the C ity Council each year. T he A nnual B udget is developed through an extensive process of
reviewing requests received f rom various City departments then prioritizing those requests in a
manner that utilizes resources effectively, within f iscal constraints, while working to achieve goals
set forth by the City Council.
Beginning in May, the City C ouncil conducted a series of workshops during which they reviewed
the City’s strategic goals and the preliminary draf t budgets f or each City department. T he final
draft budget was presented to the City Council on August 14th and was posted on the City’s
website on A ugust 15th. Public hearings on the proposed budget and tax rate were conducted on
August 28rd and September 4th.
T he F Y 19 budget is funded with a tax rate of $0.591288 per $100 in taxable which is lower than
the $0.601288 rate adopted last year. T his marks the fifith straight year with a reduction in the tax
rate. W hen compared with other cities in our area, the C ity of Anna has one of lowest average
household property tax levies.
T he proposed budget can be f ound on the C ity's website and was discussed with the City Council
on A ugust 14th. T he attached document includes changes made in order to reduce the proposed
tax rate f rom $.601288 to $.591288 and also includes some additional introductory material and
supplemental information.
W hile budgets are always a challenge, we have worked diligently to propose a budget that is both
balanced and suf f icient to meet the needs of the coming fiscal year. We express our appreciation
to the C ity Council for their diligent ef f orts throughout the year in providing guidance, direction and
support for our efforts to serve the citizens of Anna.
As Anna continues to grow, the city remains committed to the its Strategic Vision. T he 2018-19
fiscal year budget is designed to preserve and enhance the quality of existing services and
respond appropriately to our city’s continuing growth and development.
S TAF F RE C O M M E ND AT I O N:
Staff recommends approval of the attached Ordinance adopting the F Y 2019 budget.
AT TAC HM E NT S :
Description Upload Date Type
Ordinance 9/7/2018 Ordinance
ORD. PAGE 1 OF 1
CITY OF ANNA, TEXAS
Ordinance No._____________
Ordinance Adopting the Budget for the 2018 – 2019 Fiscal Year
A ORDINANCE MAKING APPROPRIATIONS FOR THE SUPPORT OF THE CITY OF ANNA
FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2018 AND ENDING SEPTEMBER 30,
2019; APPROPRIATING MONEY TO AN INTEREST AND SINKING FUND TO PAY
INTEREST AND PRINCIPAL ON THE CITY’S INDEBTEDNESS; AND ADOPTING THE
ANNUAL BUDGET OF THE CITY OF ANNA FOR THE 2018 – 2019 FISCAL YEAR.
WHEREAS, the budget, appended hereto as Exhibit A, for the fiscal year beginning October
1, 2018 and ending September 30, 2019, was duly presented to the City Council by the City
Manager and a public hearing was ordered by the City Council and a public notice of said
hearing was caused to be given by the City Council and said notice was published in the Anna-
Melissa Tribune and said public hearing was held according to said notice; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA THAT:
SECTION 1. The appropriations for the fiscal year beginning October 1, 2018, and ending
September 30, 2019 for the support of the general government of the City of Anna, Texas, be
fixed and determined for said terms in accordance with the expenditures shown in the City’s
fiscal year 2018 – 2019 budget, a copy of which is appended hereto as Exhibit A;
SECTION 2. The budget, as shown in words and figures in Exhibit A, is hereby approved in
all respects and adopted as the City’s budget for the fiscal year beginning October 1, 2018
and ending September 30, 2019.
SECTION 3. That there is hereby appropriated the amount shown in said budget necessary
to provide for an interest and sinking fund for the payment of principal and interest and the
retirement of the bonded debt requirements of fiscal year 2018 – 2019 of the City of Anna.
SECTION 4. In addition to Exhibit A, and in accordance with Section 7.08 of the Anna City
Charter, the budget also includes a contingency appropriation of $202,794 in the General
Fund and $109,885 in the Utility Fund. All expenditures from this contingency appropriation
shall be in accordance with Section 7.08 of the Anna City Charter.
PASSED AND APPROVED by record roll call vote on this, the 11th day of September, 2018.
Ayes _____ Nays_____ Abstained_____
ATTESTED:
_____________________________
Carrie L. Smith, City Secretary
APPROVED:
________________________________
Nate Pike, Mayor
Item No. 13.
City Council Agenda
Staff Report
Meeting Date: 9/11/2018
AG E ND A IT E M :
Consider/Discuss/Action approving an Ordinance adopting the 2018 Tax Rate (Dana T hornhill)
S UM M ARY:
T he F Y 19 budget can be funded by adopting a tax rate of $0.591288 cents per $100
valuation, which is lower than the tax rate adopted last year. Of the total tax rate, $0.428122 cents
are dedicated to the general fund maintenance and operations (M&O) and $0.163166 cents are
dedicated for the payment of general fund debt obligations, or interest and sinking (I &S ).
State regulations require specific language to be included in the ordinance and motion adopting
the tax rate. T he language in the motion is meant to ref lect the change in the total tax rate while the
language in section 5 of the ordinance only ref lects the change in the M&O portion of the rate.
T he M&O rate exceeds the ef f ective rate by .20%; however, the proposed rate for 2018 is lower
than the adopted rate for 2017 resulting in a $50.75 decrease on a $100,000 home.
As the proposed rate exceeds the ef f ective rate of $0.536478 the motion must be made in the
following form:
“I move that the property tax rate be increased by the adoption of a tax r ate of $0.591288,
which is effectively an 10.22% percent increase in the tax rate.”
I n addition to statutory requirements for the language of the motion to adopt the tax rate, Senate
Bill 1760, which was passed during the most recent legislative session, requires 60% of the
Council to vote in favor of a tax rate that exceeds the effective rate. T his means that 5 members
of the Council must vote in favor of the motion to pass the $0.591288 rate.
S TAF F RE C O M M E ND AT I O N:
Staff recommends approval of the attached O rdinance adopting a tax rate of $0.591288 cents per
$100 in valuation for the 2018 tax year.
AT TAC HM E NT S :
Description Upload Date Type
Tax Rate Ordinance 9/6/2018 Staff Report
ORD. PAGE 1 OF 2
CITY OF ANNA, TEXAS
Ordinance No._____________
Ordinance Setting the Tax Rate for the Next Fiscal Year
A ORDINANCE LEVYING PROPERTY TAXES FOR USE AND SUPPORT OF THE
MUNICIPAL GOVERNMENT OF THE CITY OF ANNA FOR THE 2018-2019 FISCAL YEAR;
PROVIDING FOR AN INTEREST AND SINKING FUND FOR ALL OUSTANDING DEBT OF
THE CITY OF ANNA; PROVIDING FOR APPORTIONING EACH LEVY FOR THE SPECIFIC
PURPOSES; AND, PROVIDING WHEN TAXES SHALL BECOME DUE AND WHEN SAME
SHALL BECOME DELINQUENT IF NOT PAID.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS.
SECTION 1. That there is hereby levied and there shall be collected for the use and support
of the municipal government of the City of Anna, and to provide an Interest and Sinking Fund
for the 2018-2019 fiscal year; upon all property, real, personal and mixed, within the
corporate limits of said City subject to taxation, a tax of $0.591288 on each $100.00 in
valuation of property, said tax being so levied and apportioned to the specific purposes here
set forth:
a. For the maintenance and support of the general government (General Fund) $0.428122
on each $100 valuation of property.
b. For the purposes of creating an Interest and Sinking Fund to pay the interest and
principal maturities of all outstanding debt of the City of Anna, not otherwise provided
for, a tax of $0.163166 on each $100 valuation of property.
SECTION 2. That taxes levied under this ordinance shall be due October 1, 2018 and if not
paid on or before January 31, 2019 shall immediately become delinquent.
SECTION 3. All taxes shall become a lien upon the property against which assessed, and
the city assessor and collector of the City of Anna is hereby authorized and empowered to
enforce the collections of such taxes according to the Constitution and laws of the State of
Texas and ordinances of the City of Anna shall, by virtue of the tax rolls, fix and establish a
lien by levying upon such property, whether real or personal, for the payment of said taxes,
penalty and interest; and, the interest and penalty collected from such delinquent taxes shall
be apportioned to the general funds of the City of Anna. All delinquent taxes shall bear
interest from date of delinquency at the rate as prescribed by state law.
SECTION 4. THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND
OPERATIONS THAN LAST YEAR’S TAX RATE.
SECTION 5. THE TAX RATE WILL EFFECTIVELY BE RAISED BY .20 PERCENT AND
WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON S $100,000 HOME BY
APPROXIMATELY $-50.75.
SECTION 6. That this ordinance shall take effect and be in force from and after its passage.
ORD. PAGE 2 OF 2
PASSED AND APPROVED by record roll call vote on this, the 11th day of September, 2018.
Ayes _____ Nays_____ Abstained_____
ATTESTED:
_____________________________
Carrie L. Smith, City Secretary
APPROVED:
________________________________
Nate Pike Crist, Mayor
Item No. 14.
City Council Agenda
Staff Report
Meeting Date: 9/11/2018
AG E ND A IT E M :
Consider/Discuss/Action regarding a Resolution ratifying the property tax revenue increase
reflected in the City of Anna F Y 2018- 2019 B udget (Dana T hornhill)
S UM M ARY:
Section 102.007 of the L ocal Government C ode states that “adoption a budget that will require
raising more revenue f rom property taxes than in the previous year requires a separate vote of the
governing body to ratify the property tax increase reflected in the budget”.
T he budget is f unded by a tax rate of $0.591288, which is lower than the tax rate adopted last
year. T he total amount of revenue generated from property taxes will increase by $1,218,465,
which is a 22.66 percent increase from last year's budget. T he property tax revenue to be raised
from new property added to the tax roll this year is $686,940.
S TAF F RE C O M M E ND AT I O N:
Staff recommends approval of the attached Resolution.
AT TAC HM E NT S :
Description Upload Date Type
Ratification Resolution 9/6/2018 Staff Report
RES. PAGE 1 OF 1
CITY OF ANNA, TEXAS
RESOLUTION NO. ____________
A RESOLUTION OF THE CITY OF ANNA, ACKNOWLEDGING AND RATIFYING THAT THE
ADOOPTION OF THE FISCAL YEAR 2018-2019 ANNUAL BUDGET WILL REQUIRE
RAISING MORE REVENUE FROM PROPERTY TAXES THAN IN THE PREVIOUS FISCAL
YEAR
WHEREAS, The City Council (the “Council”) of the City of Anna wishes to comply with
Section 102.007 of the Local Government Code; and
WHEREAS, Section 102.007 of the Local Government Code requires a separate vote of the
Council if the budget will require raising more revenue from property taxes than the previous
fiscal year; and,
WHEREAS, this resolution satisfies the aforementioned requirement;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS THAT:
Section 1. Recitals Incorporated.
The facts and recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Acknowledgement and Ratification
The Fiscal Year 2018-2019 annual budget will raise more revenue from property taxes than
the previous fiscal year’s budget by $1,218,465 or 22.66%, and of that amount $686,940 is
tax revenue to be raised from new property added to the tax roll this year.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 11th day of
September, 2018.
ATTESTED:
_____________________________
Carrie L. Smith, City Secretary
APPROVED:
________________________________
Nate Pike, Mayor
Item No. 15.
City Council Agenda
Staff Report
Meeting Date: 9/11/2018
AG E ND A IT E M :
Consider/Discuss/Action approving a Resolution regarding authorizing the execution of a purchase
contract for a fire truck.(Chief Gothard)
S UM M ARY:
Over the last few years the Department has been having mechanical issues with E ngine 901 which
is the first out pumper for the Department. S everal areas of significant concern are:
T he E ngine is a 2010 model and was a demo unit, when purchased for $269,500 in 2011.
Since my arrival in S eptember 2012, the unit has had to have signif icant repairs made to stay
operational and in service.
T he repair cost since that time have totaled over $35,000, with the unit having to be taken out
of service for extended periods of time on several occasions.
Electrical issues have plagued the unit since its arrival.
On several occasions the unit has lost power while responding and had to be stopped, the
engine killed, and unit restarted to gain power.
T he operation of the pump has also been issues on many occasions with the pump not
pumping at the desired pressure or coming out of pump gear.
Currently the unit has a coolant leak that is not detectable form the exterior. I ndicating that the
leak could be inside the engine and crews have recently noticed a coolant smell coming
from the exhaust. (quote f or repair is estimated at $30,000) W ith an extended time of being
out of service.
T he most recent and current issue is a transmission failure. T he unit has been out of service
for over four weeks.
I f left unrepaired it will compromise the safety of civilians in need of emergency response and our
firefighters. However, af ter repairs are made, there is still no guarantee that the vehicle will
continue to operate as a reliable primary response firefighting resource.
We currently do have a reserve engine that is a 2002 model Ferrara Engine, which is well past the
service life of a first out unit. The problems identified with Engine 901 are of significant concern.
S TAF F RE C O M M E ND AT I O N:
Staff recommends approval of the attached Resolution which authorizes the City Manager to
execute a contract with HA L L B UI C K - G MC, which is the Texas Dealer for F errara Fire
Apparatus, I nc. for the purchase of a fire engine for $603,149 before trade in of the 2010 E-One.
AT TAC HM E NT S :
Description Upload Date Type
Resolution 9/7/2018 Staff Report
Price Quote form Hall B uick - G MC 9/7/2018 Staff Report
RESOLUTION NO. _______ PAGE 1 OF 2
Fire Engine Purchase
CITY OF ANNA, TEXAS
RESOLUTION NO. __________________
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A CONTRACT AND
AUTHORIZING EXECUTION OF SAME FOR THE PURCHASE OF A FIRE ENGINE
FROM HALL BUICK – GMC THROUGH BUY BOARD PURCHASING SYSTEM
CONTRACT # 491-15.
WHEREAS, the City Council of the City of Anna, Texas (“City Council”) finds that the
City of Anna Fire Chief – in furtherance of the Fire Department’s purpose of preserving
and protecting the public health and safety of the City’s residents- has, after extensive
research, recommended that the City purchase a new fire engine for fire prevention
and protection services, and specifically recommends that the City purchase a Ferrara
Cinder MVP Pumper and chassis, 1250 GPM Pump, and 1000 gallon tank (“Fire
Engine”); and,
WHEREAS, the City of Anna, Texas (the “City”) has received a written quote from
HALL BUICK – GMC to purchase the Fire Engine for the purchase price of $603,149
before trade of 2010 E-One; and,
WHEREAS, the City’s Financial Policy adopted on September 28, 2010 by Ordinance
No. 511-2010 requires that all purchases above $50,000 must be purchased under
formal competitive sealed bidding rules or as otherwise permitted by the Texas Local
Government Code under Chapters 252 and 271; and
WHEREAS, Section 252.022(a)(2) of the Texas Local Government Code exempts
from competitive bidding a procurement necessary to preserve or protect the public
health or safety of the municipality’s residents; and
WHEREAS, the City’s Fire Chief has advised the Council and the Council has found
and determined that the purchase of the Fire Engine is necessary and essential to
preserve the public health or safety of the City’s residents; and
WHEREAS, the City Attorney has advised that based on these findings competitive
bidding is not required for the purchase of the Fire Engine as it falls under the
exemption in Section 252.022(a)(2) of the Texas Local Government Code; and
WHEREAS, the purchase price contained in the written quote offered by HALL BUICK
- GMC is identical to the purchase price for the same Fire Engine offered by HALL
BUICK – GMC through the Texas Local Government Purchasing Competitive
procurement program:
RESOLUTION NO. _______ PAGE 2 OF 2
Fire Engine Purchase
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Authorization of Contract Award.
The City Council hereby authorizes the City Manager to execute on its behalf, subject
to legal review and approval by the City Attorney, a contract with HALL BUICK – GMC
for the purchase of the MVP Fire Engine, as shown on the written quotation attached
hereto as Exhibit 1.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this
11th day of September 2018.
ATTEST: APPROVED:
_____________________________ ____________________________
City Secretary Carrie L. Smith Mayor Nate Pike
HALL
3800 Chandler Hwy
Tyler, Texas 75702m7617
September 6, 2018
Anna Fire Department
305 S. Powell Parkway
Anna, Texas 75409
We are pleased to submit our proposal for your consideration on the following complete
apparatus in strict accordance with the attached proposal for:
One-(1) Ferrara Fire Apparatus, Inc. custom MVP mounted on a Cinder chassis per the
attached specifications and proposal AFD-CindcrMVP-0003 purchased off of the Buy
Board contract #49145:
$603,149.00
$116,000.00-Trade In
$487,149.00-TOTAL
The pricing provided is exclusive of all Federal, State and Local taxes and any other fees, which
may apply unless spec if cally noted herein.
Payment Terms: Payment is due upon delivery and acceptance of completed apparatus.
The apparatus and equipment shall be supplied and shipped in accordance with the specifications
and approvals by the Anna Fire Department. Delays due to strikes, war or other causes beyond
our control not preventing, within 180 calendar days after the pre -construction conference,
and will ready for pick up at:
Ferrara Fare Apparatus Inc.
Holden, LA
The specifications herein contained shall form a part of the final contract, and ace subject to
changes desired by the Anna Fire Department. The proposal specifications are supplied for
construction purposes. Any additions and/or changes to the enclosed specifications shall be
generated and/or approved by the Anna Fire Department, and accepted by Hall Motors/Ferrara
Fire Apparatus, Inc.
Unless accepted within 10 days from this date, Hall Motors/Ferrara Fire Apparatus, Inc. reserves
the right to withdraw this proposal.
Sincerely,
Hall Motors
A Ferrara Fire Apparatus Dealer
5721 Highway 31
West •Tyler,
Texas 75709
E-mail: hallbuickpontiacgmc(a�hotmaiLcom
Item No. 16.
City Council Agenda
Staff Report
Meeting Date: 9/11/2018
AG E ND A IT E M :
Consider/Discuss/Action on B oard Members A ttendance. (Council Member Toten)
S UM M ARY:
Requested by Council Member Toten at the A ugust 28th Council meeting.
S TAF F RE C O M M E ND AT I O N:
AT TAC HM E NT S :
Description Upload Date Type
Planning and Z oning Roster 2017 9/7/2018 Backup Material
Planning and Z oning Roster-2018 9/7/2018 Backup Material
E D C-C D C Roster-2017 & 2018 9/7/2018 Backup Material
Parks Roster 2017 9/7/2018 Backup Material
Parks Roster 2018 9/7/2018 Staff Report
January 9, 2017 February 12, 2017 March 6, 2018 April 3, 2018 May 1, 2018
Present
Janine Johnson Janine Johnson Janine Johnson Janine Johnson Janine Johnson
Don Callaham Sandy Setliff Don Callaham Sandy Setliff Sandy Setliff
Wayne Barton Don Callaham Wayne Barton Don Callaham Wayne Barton
Danny Usery Wayne Barton Danny Usery Danny Usery Danny Usery
Christian Landers Danny Usery Christian Landers Donald Henke Donald Henke
Christian Landers Donald Henke Christian Landers Christian Landers
Absent
Sandy Setliff Donald Henke Sandy Setliff Wayne Barton Don Callaham
Donald Henke
June 5, 2017 July 10, 2017 August 7, 2018 September 11, 2017 October 2, 2017
No Meeting
Present Janine Johnson Janine Johnson Janine Johnson Janine Johnson
Sandy Setliff Sandy Setliff Sandy Setliff Sandy Setliff
Wayne Barton Wayne Barton Don Callaham Don Callaham
Danny Usery Danny Usery Donald Henke Donald Henke
Don Callaham Don Callaham Christian Landers Christian Landers
Donald Henke Donald Henke Carol Watts Carol Watts
Christian Landers Christian Landers
Absent Wayne Barton Wayne Barton
November 6, 2017 December 4, 2017
Present Janine Johnson Janine Johnson
Sandy Setliff Sandy Setliff
Wayne Barton Wayne Barton
Carol Watts Donald Henke
Don Callaham Christian Landers
Carol Watts
Absent Donald Henke
Christian Landers Don Callaham
Planning & Zoning - 2017
Jan 8th, 2018 Feb 12th, 2018 March 5th, 2018 April 2nd, 2018 May 7th, 2018
Present
Janine Johnson Wayne Barton
Sandy Setliff Janine Johnson Sandy Setliff Sandy Setliff Sandy Setliff
Don Callaham Carol Watts Wayne Barton Wayne Barton Wayne Barton
Donald Henke Sandy Setliff Janine Johnson Janine Johnson Donald Henke
Christian Landers Don Callaham Donald Henke Don Callaham
Carol Watts Don Callaham Carol Watts
Christian Landers Christian Landers
Absent
Wayne Barton Don Callaham Donald Henke Carol Watts Janine Johnson
Carol Watts Donald Henke Christian Landers
Christian Landers
June 4, 2018 July 2, 2018 August 6, 2018
No Meeting
Present Sandy Setliff Sandy Setliff
Don Callaham Don Callaham
Wayne Barton Wayne Barton
Janine Johnson Janine Johnson
Donald Henke Leslie Voss
Leslie Voss
Absent Carol Watts Carol Watts
Donald Henke
Planning & Zoning - 2018
ECONOMIC / COMMUNITY DEVELOPMENT CORPORATION
Date Absent 2017 Absent 2018
Appointed Term Ends
1 Anthony Richardson 216 Bleford St North 214-893-1043 anthony@anthonydricharson.com Mar-17 Jun-17 Filled unexpired term May
odd Anna, TX 75409 972-836-6643 Jun-17 Jun-19 Nov.
2 Doug Hermann 511 Elm Grove 972-400-7648 dhermanntx@gmail.com Jun-14 Jun-16 Jan Feb.
even Anna, TX 75409 214-720-6691 dhermann@weitzmangroup.com Jun-16 Jun-18 April March
Jun-18 Jun-20 May May
oct. June
Dec.
3 James Gurski 300 Buffalo Bill Dr 972-924-7412 jpgurski@gmail.com Mar-17 Jun-17 Filled unexpired term Dec.May
odd Anna, TX 75409 903-815-2531 Jun-17 Jun-19 July Sept
Oct.
Nov.
4 Bruce Norwood 1133 Elizabeth St (214) 714-8277 bnorwood@yahoo.com Jun-18 Jun-20
even Anna, TX 75409 n/a
5 Stan Carver 2014 Rhymers Glen Dr. (214) 602-4674 scarver2@me.com Jun-18 Jun-19 Filled unexpired term n/a August
odd Anna, TX 75409
6 Shelby Miles 2017 Hamkoa Falls Dr (972) 877-1409 shelbymileskak@gmail.com Jun-18 Jun-20 n/a
even Anna Texas 75409
7 Josh Vollmer 532 Haven Dr. (317) 403-4462 jrvollmer23@yahoo.com Mar-18 Jun-19 Filled unexpired term n/a
odd Anna, TX 75409
The EDC has seven directors
No Jan Meeting February 21, 2017 March 27, 2017 April 24, 2017 May 15, 2017 June 26, 2017 July 17, 2017 August 21, 2017 No Sept Meeting October 16, 2017 November 27, 2017 December 18, 2017
Present Jon Hendricks Jon Hendricks Jon Hendricks Jon Hendricks Jon Hendricks Judith Waldrop Judith Waldrop Stan Carver Stan Carver Stan Carver
Stan Carver Stan Carver Judith Waldrop Stan Carver Stan Carver Kirby Barret Kirby Barret Kirby Barret Judith Waldrop Judith Waldrop
Judith Waldrop Judith Waldrop Ginny Finan Judith Waldrop Judith Waldrop Ginny Finan Stan Carver Ginny Finan Kirby Barret Kirby Barret
Kirby Barret Kirby Barret Kirby Barret Kirby Barret Ginny Finan Ryan Woods Ginny Finan
Ginny Finan Ginny Finan Ginny Finan Ryan Woods
Absent Ginny Finan Stan Carver Stan Carver Judith Waldrop Ryan Woods Ginny Finan
Kirby Barret Ryan Woods Ryan Woods
Park Board- 2017
January 22, 2018 February 20, 2018 March 19, 2018 April 16, 2018 May 21, 2018 June 18, 2018 July 16, 2018 August 20, 2018
Present Stan Carver Stan Carver Stan Carver Kirby Barret Stan Carver Stan Carver Stan Carver Kirby Barret
Kirby Barret Kirby Barret Judith Waldrop Ginny Finan Kirby Barret Kirby Barret Kirby Barret Ginny Finan
Ginny Finan Ginny Finan Danna Ward Judith Waldrop Ginny Finan Judith Waldrop Ginny Finan Judith Waldrop
Judith Waldrop Judith Waldrop Danna Ward Judith Waldrop Danna Ward Judith Waldrop Andy Michrina
Danna Ward Andy Michrina Andy Michrina
Absent
Danna Ward Danna Ward Kirby Barret Stan Carver Ginny Finan Danna Ward Danna Ward
Ginny Finan Aubrey Johnson Aubrey Johnson
Sherry Slate Sherry Slate
Park Board- 2018
Item No. 17.
City Council Agenda
Staff Report
Meeting Date: 9/11/2018
AGENDA ITEM:
Approval of a Resolution authorizing the City Manager to negotiate a contract for Construction
Manager At Risk services for the Construction of the proposed city hall. (Maurice Schwanke)
SUMMARY:
A committee of Mayor Pro-Tem Lee Miller, Councilman Alonzo Tutson, Randall Scott of Randall
Scott Architects, and Maurice Schwanke interviewed four firms that responded to a request for
services for Construction Manager At Risk (CMAR) for the proposed new City Hall. After the
interviews the Committee reviewed the proposals and will present a recommendation to the City
Council for consideration.
STAFF RECOMMENDATION:
Approval of the Resolution authorizing the City Manager to negotiate and execute all documents in
regard to hiring a CMAR for the city hall project.
ATTACHMENTS:
Description Upload Date Type
Resolution 9/7/2018 Resolution
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY
MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH
____________ TO ACT AS THE CONSTRUCTION MANAGER AT RISK FOR THE
CITY HALL PROJECT.
WHEREAS, The City Council of the City of Anna finds it in the best interest of the citizens
of the City of Anna that a Construction Manager at Risk (CMAR) be used to manage
and oversee the construction of Anna’s new City Hall; and
WHEREAS, The City of Anna solicited proposals from CMAR firms, receiving four
responses from qualified firms; and
WHEREAS, Two City Council members as well as Randall Scott of Randall Scott
Architects, and a staff member (Committee) reviewed the four proposals in accordance
with the criteria established in the request for proposals; and
WHEREAS, The Committee found __________ to be the best value to the City of Anna
for the CMAR:
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Anna
authorizes the City Manager to negotiate a contract and enter into a professional services
agreement with _______________ for CMAR services.
PASSED AND APPROVED this 11th day of September 2018.
ATTEST: APPROVED:
Carrie Smith, City Secretary Nate Pike, Mayor