HomeMy WebLinkAboutCDCpkt2016-04-07r
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RPORATION
April 7, 2016
Meeting Packet
MEETING AGENDA
ANNA COMMUNITY DEVELOPMENT CORPORATION
April 7 2016 at 5:00 p.m.'
i ANNA CITY HALL ADMINISTRATION BUILDING,
COMMUNITY 111 N. POWELL PKWY., ANNA, TEXAS
DEVELOPMENT
CORPORATION
The Anna Community Development Corporation will conduct a meeting at 5:00 p.m.' on
April 7. 2016, at the Anna City Hall Administration Building, 111 N. Powell Parkway, to
consider the following items:
1. Call to Order. 5.0S
2. Roll Call and Establishment of Quorum. ` n,t )�trvhu vtrl
3. Invocation and Pledge. Aw //
4. Consider/Discuss/Action regarding approving a(r49o-71ut:1§rb for a professional
services agreement with Birkhoff, Hendricks, and er for engineering consulting
forWksprgjagts.
5. Consider/Discuss/Action regarding approving aresolutio o authorizF authorizethe
exp rlditure of n I for a trailer for the parks depa
tst et`� -eY1, �-u-
6. CL�SED SES ION (exceptions):
a. Deliberate regarding the purchase, exchange, lease or value of real
S� property. (Tex. Gov't Code §551.072)
b. Consult with legal counsel on matters in which the duty of the attorney to
the governmental body under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the
Government Code (Tex. Gov't Code §551.071);
c. Discuss or deliberate Economic Development Negotiations:
(1) To discuss or deliberate regarding commercial or financial information
that the Board of Directors has received from a business prospect that the
Board of Directors seeks to have locate, stay, or expand in or near the
territory of the City of Anna and with which the Board is conducting
economic development negotiations; or
t ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation
meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately
after the conclusion of the meeting of the Anna Economic Development Corporation.
IMPORTANT LEGAL NOTICE: The Corporation may vole and/or act upon each of the Items listed In this agenda. The
Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever
It is considered necessary and legally justified under the Open Meetings Act. Disabled persons who want to attend this
meeting and who may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the
meeting so that appropriate arrangements can be made.
(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)
7. Consider/Discuss/Action regarding minutes from February 4, 2016 and March 3,
I2 16.
20 1
rew� a L/►ee
a`�Adjourn..
This Is to certify that I, vt
Jessica Perkins, Chief Administrative Officer, posted this agenda
at a place readily accessible to the public at the Anna City Hall and on the City Hall
bulletin board at or before 5:00 p.m. on April 4, 2016.
Jes 'c Perkins, Tie Administrative Officer
IMPORTANT LEGAL NOTICE: The Corporation may vole and/or act upon each of the items listed In this agenda. The
Corporation reserves the right to retire Into executive session conceming any of the items listed on this agenda, whenever
it is considered necessary and legally justified under the Open Meetings Act. Disabled persons who want to attend this
meeting and who may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the
meeting so that appropriate arrangements can be made.
/-�L�
COMMUNITY
DEVELOPMENT
CORPORATION
Meeting: April 7, 2016
Staff Contact: Jessica Perkins
Item No. 4
Anna
Community Development
Corporation Agenda Staff Report
AGENDA SUBJECT: Consider/Discuss/Action regarding approving a resolution for a
professional services agreement with Birkhoff, Hendricks, and Carter for engineering
consulting for parks projects.
SUMMARY: The CDC sets aside funds each fiscal year to put toward park projects or
equipment. At last month's meeting the City's Park Staff presented several projects at
Natural Springs Park. To begin the parking lot, drainage, and/or bathroom projects, an
engineer will need to consult on the design. This agenda item is for the CDC to enter into
a professional services agreement with Birkhoff, Hendricks, and Carter for engineering
services related to these projects.
STAFF RECOMMENDATION: Staff recommends you approve.
ANNA COMMUNITY DEVELOPMENT CORPORATION
RESOLUTION NO.
A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION
AUTHORIZING PROCUREMENT OF PROFESSIONAL SERVICES FOR
ENGINEERING
WHEREAS, the Anna Community Development Corporation (the "CDC") desires to
authorize their Chief Administrative Officer to procure the professional consulting
services of Birkhoff, Hendricks, and Carter LLP, and
WHEREAS, the CDC has determined that the above -referenced services, further
described in Exhibit A, are in the best interests of the CDC and will promote community
development in the City of Anna;
NOW THEREFORE, BE IT RESOLVED BY THE ANNA COMMUNITY
DEVELOPMENT CORPORATION, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Authority to Execute Consulting Services Agreement
The Board of Directors of the Anna Community Development Corporation authorizes
the Chief Administrative Officer to execute, on behalf of the CDC, and subject to
approval of the form and content by the CDC's legal counsel, a contract with Birkhoff,
Hendricks, and Carter LLP as further described in Exhibit A, for professional
engineering consulting services, said authority to include execution of all necessary
documents to consummate the business relationship with said consultant.
PASSED AND APPROVED by the Anna Community Development Corporation this
day of 2016.
F-IT-0-007FIF91
John Houcek, CDC President
ATTEST:
Sherilyn Godfrey, CDC Secretary
ANNA CDC RESOLUTION NO._ PAGE 1 OF 1
Exhibit A
PROFESSIONAL SERVICES AGREEMENT
FOR ENGINEERING SERVICES
STATE OF TEXAS §
COUNTY OF COLLIN §
THIS AGREEMENT is made and entered into as of the day of April, 2016, by and
between the Anna Community Development Corporation, with its principal office at 111 North
Powell Parkway, Anna, Collin County, Texas 75409, hereinafter called OWNER and Birkhoff,
Hendricks & Conway, L.L.P. with its corporate office at 11910 Greenville Ave., Suite 600,
Dallas, Texas 75243, hereinafter called "CONSULTANT," acting herein, by and through their
duly authorized representatives.
WITNESSETH, that in consideration of the covenants and agreements herein
contained, the parties hereto do mutually agree as follows:
ARTICLE 1
EMPLOYMENT OF CONSULTANT
OWNER hereby contracts with CONSULTANT, as an independent contractor, and
CONSULTANT hereby agrees to perform the services herein in connection with the Project as
stated in the sections to follow, (1) with the professional skill and care ordinarily provided by
competent engineers practicing in the same or similar locality and under the same or similar
circumstances and professional license; and (2) as expeditiously as is prudent considering the
ordinary professional skill and care of a competent engineer. The professional services set out
herein are in connection with the following described project:
The Project shall include, without limitation, the general services traditionally performed
by a retained or employed engineer including without limitation the services described under
Article 2.A. of this Agreement
ARTICLE 2
SCOPE OF SERVICES
CONSULTANT shall perform the following services in a professional manner:
A. CONSULTANT shall perform the following engineering services. See Exhibit 'A,"
attached hereto and incorporated herein by reference.
B. CONSULTANT shall further perform any services set forth in individual task orders
which shall be governed by the terms of this Agreement.
C. If there is any conflict between the terms of this Agreement and the exhibit(s) attached
to this Agreement or any task orders, the terms and conditions of this Agreement will
control over the terms and conditions of the attached exhibit(s) or task orders.
PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES
Page 1 of 14
ARTICLE 3
ADDITIONAL SERVICES
Additional services to be performed by CONSULTANT, if authorized by OWNER,
whether included in the above-described Scope of Services, are described as follows:
A. During the course of the Project, as requested by OWNER, CONSULTANT will be
available to accompany OWNER's personnel when meeting with or having dealings with
the Texas Commission on Environmental Quality, U.S. Environmental Protection
Agency, or other regulatory agencies. CONSULTANT will assist OWNER's personnel
on an as -needed basis in preparing compliance schedules, progress reports, and
providing general technical support for OWNER's compliance efforts.
B. Assisting OWNER or contractor in the defense or prosecution of litigation in connection
with or in addition to those services contemplated by this Agreement. Such services, if
any, shall be furnished by CONSULTANT on a fee basis negotiated by the respective
parties outside of and in addition to this Agreement.
C. Sampling, testing, or analysis beyond that specifically included in the above-described
Scope of Services.
D. Preparing copies of computer aided drafting (CAD) electronic data bases, drawings, or
files for OWNER's use in a future CAD system.
E. Preparing applications and supporting documents for government grants, loans, or
planning advances and providing data for detailed applications.
F. Appearing before regulatory agencies or courts as an expert witness in any litigation
with third parties or condemnation proceedings arising from the development or
construction of the Project, including the preparation of engineering data and reports for
assistance to OWNER.
G. Providing geotechnical investigations, including soil borings, related analyses, and
recommendations.
ARTICLE 4
PERIOD OF SERVICE
This Agreement shall become effective upon execution of this Agreement by OWNER
and CONSULTANT and shall remain in force for the period which may reasonably be required
for the completion of the Project, including Additional Services, if any, and any required
extensions approved by OWNER. The schedule for performance is as described in Exhibit "B,"
attached hereto and incorporated herein by reference. This Agreement may be sooner
terminated in accordance with the provisions hereof.
PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES
Page 2 of 14
ARTICLE 5
COMPENSATION
A. COMPENSATION TERMS:
1. "Subcontract Expense" is defined as expenses incurred by CONSULTANT in
employment of others in outside firms for services in the nature of surveying and
other necessary support labor incident to the work required under the Scope of
Services and Additional Services.
2. "Direct Non -Labor Expense" is defined as that expense for any OWNER -
authorized assignment incurred by CONSULTANT for supplies, transportation
and equipment, travel, communications, subsistence, and lodging away from
home, and similar incidental expenses in connection with that assignment.
B. BILLING AND PAYMENT: For and in consideration of the professional services to be
performed by CONSULTANT herein, OWNER agrees to pay, based on the multiplier(s)
shown in Exhibit "C," attached hereto and incorporated herein by reference.
Partial payments to CONSULTANT will be made on the basis of detailed monthly
statements rendered to and approved by OWNER through its Chief Administrative
Officer or his/her designee; however, under no circumstances shall any monthly
statement for services exceed the value of the work performed at the time a statement
is rendered.
Nothing contained in this Article shall require OWNER to pay for any work which is
unsatisfactory, as reasonably determined by the Chief Administrative Officer or his/her
designee, or which is not submitted in compliance with the terms of this Agreement.
OWNER shall not be required to make any payments to CONSULTANT when
CONSULTANT is in default under this Agreement.
It is specifically understood and agreed that CONSULTANT shall not be authorized to
undertake any work pursuant to this Agreement which would require additional
payments by OWNER for any charge, expense, or reimbursement above any maximum
not -to -exceed fee as stated within any specified task order, without first having obtained
written authorization from OWNER. CONSULTANT shall not proceed to perform any
services without obtaining prior written authorization from the Chief Administrative
Officer or his/her designee.
C. ADDITIONAL SERVICES: For additional services authorized in writing by OWNER in
Article 3, CONSULTANT shall be paid based on the Schedule of Charges at an hourly
rate shown in Exhibit "A." Payments for additional services shall be due and payable
upon submission by CONSULTANT, and shall be in accordance with subsection B
hereof. Statements shall not be submitted more frequently than monthly.
PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES
Page 3 of 14
D. PAYMENT: If OWNER fails to make payments due CONSULTANT for services and
expenses within 60 days after receipt of CONSULTANT's undisputed statement thereof,
the amounts due CONSULTANT will be increased by the rate of one percent (1%) per
month from the said 60th day, and, in addition, CONSULTANT may, after giving seven
days' written notice to OWNER, suspend services under this Agreement until
CONSULTANT has been paid in full all amounts due for services, expenses, and
charges, provided, however, nothing herein shall require OWNER to pay the late charge
of one percent (1 %) set forth herein if OWNER reasonably determines that the work is
unsatisfactory, in accordance with this Article 5, "Compensation."
ARTICLE 6
OBSERVATION AND REVIEW OF THE WORK
CONSULTANT will exercise reasonable care and due diligence in discovering and
promptly reporting to OWNER any defects or deficiencies in the work of CONSULTANT or any
subcontractors or subconsultants.
ARTICLE 7
OWNERSHIP OF DOCUMENTS AND INFORMATION SUPPLIED BY OWNER
All documents prepared or furnished by CONSULTANT (and CONSULTANT's
subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and
shall become the property of OWNER upon the termination of this Agreement. CONSULTANT
is entitled to retain copies of all such documents. The documents prepared and furnished by
CONSULTANT are intended only to be applicable to this Project, and OWNER's use of these
documents in other projects shall be at OWNER's sole risk and expense. In the event
OWNER uses any of the information or materials developed pursuant to this Agreement in
another project or for other purposes than specified herein and by CONSULTANT at the time
such information and materials are delivered, CONSULTANT is released from any and all
liability relating to such use in that project.
Owner shall supply to CONSULTANT the information set forth in Exhibit "D," attached
hereto and incorporated herein by reference.
ARTICLE 8
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent contractor, not as
an employee of the OWNER. CONSULTANT shall not have or claim any right arising from
employee status. OWNER shall not control the means, methods, sequences, procedures, or
techniques utilized by CONSULTANT to perform work or services under this Agreement or any
associated task order.
PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES
Page 4 of 14
ARTICLE 9
AUDITS AND INSPECTION
OWNER shall have the right to audit and make copies of the books, records and
computations pertaining to this agreement. CONSULTANT shall retain such books, records,
documents and other evidence pertaining to this agreement during the contract period and five
years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which
case records shall be kept until all audit tasks are completed and resolved. These books,
records, documents and other evidence shall be available, within 10 business days of written
request. Further, CONSULTANT shall also require all Subcontractors, material suppliers, and
other payees to retain all books, records, documents and other evidence pertaining to this
agreement, and to allow OWNER similar access to those documents. All books and records
will be made available within a 50 mile radius of the City of Anna. The cost of the audit will be
borne by OWNER unless the audit reveals an overpayment of 1% or greater. If an
overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel
costs, must be borne by CONSULTANT which must be payable within five business days of
receipt of an invoice.
Failure to comply with the provisions of this section shall be a material breach of this
contract and shall constitute, in OWNER's sole discretion, grounds for termination thereof.
Each of the terms "books", "records", "documents" and "other evidence", as used above, shall
be construed to include drafts and electronic files, even if such drafts or electronic files are
subsequently used to generate or prepare a final printed document.
ARTICLE 10
INDEMNITY AGREEMENT
CONSULTANT shall indemnify, defend, and save and hold harmless OWNER and its
officers, agents, and employees from and against any and all liability, claims, demands,
damages, losses, and expenses, including, but not limited to court costs and reasonable
attorney fees incurred by the OWNER, that are caused by or result from an act of negligence,
intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier
committed by the CONSULTANT or the CONSULTANT'S agent, another consultant under
contract, or another entity over which the CONSULTANT exercises control.
Nothing in this Agreement shall be construed to create a liability to any person who is
not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both
at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this
Agreement, including the defense of governmental immunity, which defenses are hereby
expressly reserved.
ARTICLE 11
INSURANCE
During the performance of the services under this Agreement, CONSULTANT shall
maintain the following insurance with an insurance company licensed to do business in the
PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES
Page 5 of 14
State of Texas by the State Insurance Commission or any successor agency that has a rating
with Best Rate Carriers of at least an A- or above:
A. Comprehensive General Liability Insurance with bodily injury limits of not less than
$500,000 for each occurrence and not less than $500,000 in the aggregate, and with
property damage limits of not less than $100,000 for each occurrence and not less than
$100,000 in the aggregate.
B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each
person and not less than $500,000 for each accident, and with property damage limits
of not less than $100,000 for each accident.
C. Worker's Compensation Insurance in accordance with statutory requirements, and
Employers' Liability Insurance with limits of not less than $100,000 for each accident.
D. Professional Liability Insurance with limits of not less than $1,000,000 annual
aggregate.
E. CONSULTANT shall furnish insurance certificates or insurance policies at OWNER's
request to evidence such coverages. The insurance policies shall name OWNER as an
additional insured on all such policies, and shall contain a provision that such insurance
shall not be canceled or modified 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.
ARTICLE 12
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminate by
giving 30 days' advance written notice to the other party.
B. If the Agreement is terminated prior to completion of the services to be provided
hereunder, CONSULTANT shall immediately cease all services and shall render a final
bill for services to OWNER within 30 days after the date of termination. OWNER shall
pay CONSULTANT for all services properly rendered and satisfactorily performed and
for reimbursable expenses to termination incurred prior to the date of termination, in
accordance with Article 5 "Compensation." Should OWNER subsequently contract with
a new consultant for the continuation of services on the Project, CONSULTANT shall
cooperate in providing information. CONSULTANT shall turn over all documents
prepared or furnished by CONSULTANT pursuant to this Agreement to OWNER on or
before the date of termination, but may maintain copies of such documents for its use.
PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES
Page 6 of 14
ARTICLE 13
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the OWNER shall not constitute, nor be deemed a release of the
responsibility and liability of CONSULTANT, its employees, associates, agents,
subcontractors, and subconsultants for the accuracy and competency of their designs or other
work; nor shall such approval be deemed to be an assumption of such responsibility by
OWNER for any defect in the design or other work prepared by CONSULTANT, its employees,
subcontractors, agents, and consultants.
ARTICLE 14
NOTICES
All notices, communications, and reports required or permitted under this Agreement
shall be personally delivered or mailed to the respective parties by depositing same in the
United States mail to the address shown below, certified mail, return receipt requested, unless
otherwise specified herein. Mailed notices shall be deemed communicated as of three days
after mailing:
To CONSULTANT:
Managing Partner/Owner
Birkhoff, Hendricks & Conway, L.L.P
11910 Greenville Ave., Suite 600
Dallas, Texas 75243
To OWNER:
Chief Administrative Officer
Anna CDC
111 North Powell Parkway
P.O. Box 776
Anna, Texas 75409
All notices shall be deemed effective upon receipt by the party to whom such notice is
given, or within three days after mailing.
ARTICLE 15
ENTIRE AGREEMENT
This Agreement constitutes the complete and final expression of the agreement of the
parties, and is intended as a complete and exclusive statement of the terms of their
agreements, and supersedes all prior or contemporaneous offers, promises, representations,
negotiations, discussions, communications, and agreements which may have been made in
connection with the subject matter hereof.
ARTICLE 16
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent
jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder
of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such
PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES
Page 7 of 14
event, the parties shall reform this Agreement to replace such stricken provision with a valid
and enforceable provision which comes as close as possible to expressing the intention of the
stricken provision.
ARTICLE 17
COMPLIANCE WITH LAWS
CONSULTANT shall comply with all federal, state, and local laws, rules, regulations,
and ordinances applicable to the work covered hereunder as they may now read or hereinafter
be amended.
ARTICLE 18
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT shall not discriminate
against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or
physical handicap.
ARTICLE 19
PERSONNEL
A. CONSULTANT represents that it has or will secure, at its own expense, all personnel
required to perform all the services required under this Agreement. Such personnel
shall not be employees or officers of, or have any contractual relations with OWNER.
CONSULTANT shall inform OWNER of any conflict of interest or potential conflict of
interest that may arise during the term of this Agreement.
B. All services required hereunder will be performed by CONSULTANT or under its
supervision. All personnel engaged in work shall be qualified, and shall be authorized
and permitted under state and local laws to perform such services.
ARTICLE 20
ASSIGNABILITY
CONSULTANT shall not assign any interest in this Agreement, and shall not transfer
any interest in this Agreement (whether by assignment, novation, or otherwise) without the
prior written consent of OWNER.
ARTICLE 21
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, or limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith, and no evidence of any waiver or modification shall be offered or received in
evidence in any proceeding arising between the parties hereto out of or affecting this
Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or
PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES
Page 8 of 14
modification is in writing and duly executed; and the parties further agree that the provisions of
this section will not be waived unless as set forth herein.
ARTICLE 22
MISCELLANEOUS
A. The following exhibits are attached to and made a part of this Agreement:
Exhibit A — Fee Schedule (1 page)
B. CONSULTANT agrees that OWNER shall, until the expiration of four years after the
final payment under this Agreement, have access to and the right to examine any
directly pertinent books, documents, papers, and records of CONSULTANT involving
transactions relating to this Agreement. CONSULTANT agrees that OWNER shall have
access during normal working hours to all necessary CONSULTANT facilities and shall
be provided adequate and appropriate working space in order to conduct audits in
compliance with this section. OWNER shall give CONSULTANT reasonable advance
notice of intended audits.
C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Collin
County, Texas. This Agreement shall be construed in accordance with the laws of the
State of Texas.
D. For the purpose of this Agreement, the key persons who will perform most of the work
hereunder shall be Gary Hendricks. However, nothing herein shall limit CONSULTANT
from using other qualified and competent members of its firm to perform the services
required herein.
E. CONSULTANT shall commence, carry on, and complete any and all projects with all
applicable dispatch, in a sound, Communityal, and efficient manner and in accordance
with the provisions hereof. In accomplishing the projects, CONSULTANT shall take
such steps as are appropriate to ensure that the work involved is properly coordinated
with related work being carried on by OWNER.
F. OWNER shall assist CONSULTANT by placing at CONSULTANT's disposal all
available information pertinent to the Project, including previous reports, any other data
relative to the Project, and arranging for the access thereto, and make all provisions for
CONSULTANT to enter in or upon public and private property as required for
CONSULTANT to perform services under this Agreement.
G. CONSULTANT shall at all times maintain OWNER'S confidential or proprietary
information in confidence and shall disclose same to third parties only as specifically
instructed by OWNER. Any disclosure of privileged or confidential information by
OWNER to CONSULTANT is in furtherance of OWNER's purposes and is not intended
to and does not waive any privileges that may exist with regard to such information.
PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES
Page 9 of 14
H. The captions of this Agreement are for informational purposes only, and shall not in any
way affect the substantive terms or conditions of this Agreement.
IN WITNESS HEREOF, the Anna Community Development Corporation has caused
this Agreement to be executed by its duly authorized President and CONSULTANT has
executed this Agreement through its duly authorized undersigned officer on this the day
of
OWNER
APPROVED:
John Houcek, Anna CDC President
CONSULTANT
WITNESS:
M
ATTESTED:
Sherilyn Godfrey, Anna CDC Secretary
PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES
Page 10 of 14
EXHIBIT "A"
GENERAL ENGINEERING SERVICES
1. The Engineer shall serve as the OWNER's Engineer and provide general engineering
consultation services in support of the OWNER as required.
2. Provide review of plats, site plans, concept plan, specifications, bidding documents,
construction plans, studies prepared by other Professional Engineers and Registered
Professionals Land Surveyors that are submitted to the OWNER in conformance with
OWNER's subdivision regulations. Review is for general conformance to the City of
Anna's standards and good engineering practice. The review does not guarantee the
completeness, accuracy or correctness of the documents prepared by other professionals
licensed or registered by the State of Texas.
3. Provide engineering consultation services relative to the administration of the City of
Anna's Flood Prevention Ordinance.
4. Preparation of specifications, contract documents and construction plans for OWNER
projects and any other project that falls within the realm of a municipal public works civil
engineering project.
5. Complete engineering, topographic and boundary surveys as requested by the OWNER.
6. Land surveys and office computations required to develop plats and metes and bounds
descriptions for easements, property acquisition, CCN acquisitions, or municipal
annexations
7. Complete feasibility studies as requested by the OWNER.
PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES
Page 11 of 14
EXHIBIT "B"
COMPLETION SCHEDULE
Services shall commence upon receipt of this executed Agreement.
PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES
Page 12 of 14
EXHIBIT "C"
PAYMENT SCHEDULE
Pnnifinn Hourly Rate
Sr. Engineer
$220-$235
Engineer
$130 -$150
CAD Tech 1
$60-$75
CAD Tech II
$100-$125
CAD Tech III
$135-$150
Nord Processor
$70-$120
Survey Crew
$150 (crew rate)
Compensation will be based on the hourly rate schedule listed above. Expenses (that may
include third party) will be invoiced at cost times a multiplier of 1.15 and mileage at $0.60 per
mile. Multiplier may be adjusted as the economy changes and will be presented to the
OWNER for consideration and approval.
PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES
Page 13 of 14
EXHIBIT "D"
Information to be provided by the City
1. Access to the Work: The Owner shall arrange for access to and make provisions
for the Engineer to enter upon public and private lands as required for the Engineer
to perform such work as surveys and inspections in the development of the Project.
2. Consideration of the Engineer's Work: The Owner shall give thorough
considerations to all reports, sketches, estimates, drawings, specifications,
proposals, and other documents presented by the Engineer, and shall inform the
Engineer of all decisions within a reasonable time
3. Standards: The Owner shall furnish the Engineer with a copy of design and
construction standards he shall require the Engineer to follow in the preparation of
Contract Documents for the Project.
4. Other available information as required.
PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES
Page 14 of 14
COMMUNITY
DEVELOPMENT
CORPORATION
Meeting: April 7, 2016
Staff Contact: Jessica Perkins
Item No. 5
Community Development
Corporation Agenda Staff Report
AGENDA SUBJECT: Consider/Discuss/Action regarding approving a resolution to
authorize the expenditure of funds for a trailer for the parks department.
SUMMARY: The Parks Department is in need of a trailer to assist with transporting
mowers to and from the different parks. Right now with one trailer staff spends about 2
hours switching out mowers or delivering equipment in different trips. The addition of a
trailer would cut this time in half or more.
STAFF RECOMMENDATION: Staff recommends approval.
ANNA COMMUNITY DEVELOPMENT CORPORATION
RESOLUTION NO.
A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION
APPROVING AND AUTHORIZING THE EXPENDITURE OF FUNDS FOR A TRAILER
FOR THE PARKS DEPARTMENT
WHEREAS, the Anna Community Development Corporation (the "CDC") wishes to
expend funds for a Trailer for the Parks Department; and
WHEREAS, the CDC intends that said funds be used solely for the Trailer further
detailed in Exhibit A.
NOW THEREFORE, BE IT RESOLVED BY THE ANNA COMMUNITY
DEVELOPMENT CORPORATION, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Funding
The CDC hereby authorizes the Chief Administrative Officer to charge the CDC's other
capital expenditures line item in the amount of no more than $_,I 3 for the trailer
further detailed in Exhibit A attached hereto. XGO D
PASSED AND APPROVED by the Anna Community Development Corporation this
day of 12016.
APPROVED:
John Houcek, CDC President
ATTEST:
Sherilyn Godfrey, CDC Secretary
CDC OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1
DEVELOPMENT
CORPORATION
Meeting: April 7, 2016
Staff Contact: Jessica Perkins
Item No.6
Anna
Community Development
Corporation Agenda Staff Report
AGENDA SUBJECT: CLOSED SESSION (exceptions):
a. Deliberate regarding the purchase, exchange, lease or value of real
property. (Tex. Gov't Code §551.072) possible property acquisition; possible land
sale/purchase;
b. Consult with legal counsel on matters in which the duty of the attorney to
the governmental body under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the
Government Code (Tex. Gov't Code §551.071);
C. Discuss or deliberate Economic Development Negotiations:
(1) To discuss or deliberate regarding commercial or financial information
that the Board of Directors has received from a business prospect that the
Board of Directors seeks to have locate, stay, or expand in or near the
territory of the City of Anna and with which the Board is conducting
economic development negotiations; or
(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)
SUMMARY: n/a
STAFF RECOMMENDATION: n/a
Item No. 7
Anna
Community Development
Corporation Agenda Staff Report
COMMUNITY
DEVELOPMENT
CORPORATION
Meeting: April 7, 2016
Staff Contact: Jessica Perkins
Exhibits: X Yes No
AGENDA SUBJECT: Consider/Discuss/Action regarding minutes from February 4,
2016 and March 3, 2016.
SUMMARY: n/a
STAFF RECOMMENDATION: _ Staff recommends you approve.
1p;
MINUTES OF REGULAR MEETING OF THE
ANNA COMMUNITY DEVELOPMENT CORPORATION
Thursday, February 4, 2016
COMMUNITY
DEVELOPMENT
CORPORATION
The Anna Community Development Corporation ("CDC") of the City of Anna met at
5:00, p.m., on Thursday, February 4, 2016, at the Anna City Hall Administration
Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas.
Call to Order
Alonzo Tutson, Vice -President, called the meeting to order at 5:26 p.m., and after roll call
and the establishment of a quorum, the following items were presented to the Directors
for their consideration.
2. Roll Call and Establishment of Quorum.
Directors in attendance: Alonzo Tutson, Brent Thomas, Connie Stump, and Lee Miller.
Directors in Abstention: John Houcek, Doug Hermann, Michael Williams.
A quorum was declared present and the floor was open for business.
Others in attendance: Clark McCoy, legal counsel for CDC; Jessica Perkins, Chief
Administrative Officer; and Sherilyn Godfrey, Secretary.
3. Invocation and Pledge.
he invocation and led the group in the Pledge of Allegiance.
4. Closed Session.
a. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov't Code §551.072).
b. Discuss or deliberate Economic Development Negotiations:
(1) To discuss or deliberate regarding commercial or financial information that the
Board of Directors has received from a business prospect that the Board of
1 ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development
Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and
will begin immediately after the conclusion of the meeting of the Anna Economic Development Corporation.
IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The
Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it si
considered necessary and legally justified under the Opening Meetings Act. Disable persons who want to attend this meeting and
who may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that
appropriate arrangements can be made.
02-04-2016 Regular CDC Minutes.doc
Directors seeks to have locate, stay, or expand in or near the territory of the City
of Anna and with which the Board is conducting economic development
negotiations; or
(2) To deliberate the offer of a financial or other incentive to a business prospect
described by subdivision (1) (Tex. Gov't Code §551.087); agreement with Em-
powered Training Center.
Skipped.
5. Consider/Discuss/Action regarding funds granted under a line of credit agreement
with Empowered Training Centre.
Brent Thomas made a motion to table this item. The motion was seconded by Connie
Stump. Motion passed and item was tabled.
6. Consider/Discuss/Action regarding minutes from January 7, 2016.
Brent Thomas made a motion to accept the minutes as written. Lee Miller
seconded the motion. Motion passed.
7. Adjourn.
Connie Stump made a motion to adjourn the meeting. Brent Thomas seconded the
motion and the meeting adjourned at 5:30 p.m.
APPROVED:
John Houcek
President of CDC
ATTESTED:
Sherilyn Godfrey
Secretary of CDC
IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The
Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it si
considered necessary and legally justified under the Opening Meetings Act. Disable persons who want to attend this meeting and
who may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that
appropriate arrangements can be made.
02-04-2016 Regular CDC Minutes.doc 2
MINUTES OF REGULAR MEETING OF THE
ANNA COMMUNITY DEVELOPMENT CORPORATION
COMMUNITY Thursday, March 3, 2016
DEVELOPMENT
CORPORATION
The Anna Community Development Corporation ("CDC') of the City of Anna met at
5:00, p.m., on Thursday, March 3, 2016, at the Anna City Hall Administration Building,
111 North Powell Parkway (Hwy. 5), Anna, Texas.
1. Call to Order
John Houcek, President, called the meeting to order at 5:07 p.m., and after roll call and
the establishment of a quorum, the following items were presented to the Directors for
their consideration.
2. Roll Call and Establishment of Quorum.
Directors in attendance: John Houcek, Alonzo Tutson, Brent Thomas, Connie Stump,
Lee Miller. and Michael Williams.
Directors in Abstention: Doug Hermann.
A quorum was declared present and the floor was open for business.
Others in attendance: Clark McCoy, legal counsel for CDC; and Jessica Perkins, Chief
Administrative Officer.
3. Invocation and Pledge.
John Houcek gave the invocation and led the group in the Pledge of Allegiance.
4. Presentation by Parks Staff on status of Park Projects.
Maurice Schwanke informed the Board about upcoming plans to renovate the barn,
located within Natural Springs Park, to be used as offices by City park personnel, and
1 ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development
Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and
will begin immediately after the conclusion of the meeting of the Anna Economic Development Corporation.
IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The
Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Opening Meetings Act. Disable persons who want to attend this meeting and
who may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that
appropriate arrangements can be made.
03-03-2016 Regular CDC Minutes.doc 1
storage of equipment. Various other projects include a paved road, directly across from
Buffalo Bill, (eventually, a traffic light will be installed there) that will allow access to the
park from both directions on CR 455. Additional, improvements will include paved
parking spaces, walking trails, dock(s) for fishing, and a pump station to pump water
uphill from the restrooms The total cost for all the improvements is approx. $215,000. As
currently represented to the Board, if there are no additional costs, the Corporation
presently has the monies to fund these projects.
5. Presentation by Sara Cox regarding Chamber Events.
Sara Cox, President, of the Anna Greater Chamber of Commerce, spoke to the events
that are sponsored by both Corporations. Reported by event is as follows:
Attendance at last year's Glow Fest was estimated to be 7,000 people,
and had a total of 99 vendors present. This event continues to grow.
The Christmas parade is a highly attended event. There were 45
entrants for the parade.
The Banquet, held in February 2016, was attended by 256 people.
The Golf Tournament will take place in April with 50 teams expected to
participate.
Attendance at the 4th July fireworks continues to grow as the fireworks
have steadily improved, attracting a large number of people locally
and from surrounding cities.
The Chamber has initiated an Ambassador's I lb where long standing Chamber
Members commit to a code of conduct and s a mentor to other businesses in
the community with the goal of increasing retention and chamber membership.
6. Closed Session.
a. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov't Code §551.072).
b. Consult with legal counsel on matters in which the duty of the attorney to the
government body under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas clearly conflicts with Chapter 551 of the government Code (Tex.
Gov't Code §551.071).
IMPORTANT LEGAL NOTICE,: The Corporation may vote and/or act upon each of the items listed in this agenda. The
Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Opening Meetings Act. Disable persons who want to attend this meeting and
who may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that
appropriate arrangements can be made.
03-03-2016 Regular CDC Minutes.doc
C. Discuss or deliberate Economic Development Negotiations:
(1) To discuss or deliberate regarding commercial or financial information that the Board
of Directors has received from a business prospect that the Board of Directors seeks to
have locate, stay, or expand in or near the territory of the City of Anna and with which the
Board is conducting economic development negotiations; or
(2) To deliberate the offer of a financial or other incentive to a business prospect de-
scribed by subdivision (1) (Tex. Gov't Code §551.087); agreement with Empowered
Training Centre.
John Houcek read the foregoing into the record. Connie Stump made a motion
to move to Closed Session that was seconded by Lee Miller. Motion passed and the
Board entered into Closed Session at 6:01 p.m. After discussing the business at hand,
Brent Thomas made a motion to adjourn Closed Session and return to Open Session.
Lee Miller seconded the motion. Motion passed, and Closed Session was adjourned on
at 6:22 p.m.
7. Consider/Discuss/Action regarding funds granted under a line of credit
agreement with Empowered Training Centre.
Michael Williams made a motion that to authorize the attorney to undertake all necessary
legal action to pursue collection of all amounts owed to the CDC by Empowered Training
Center. The motion was seconded by Lee Miller. Motion passed.
8. Consider/Discuss/Action regarding minutes from February 4, 2016.
Tabled.
9. Adjourn.
Alonzo Tutson made a motion to adjourn the meeting. Brent Thomas seconded the
motion and the meeting adjourned at 6:24 p.m.
APPROVED:
John Houcek
President of CDC
ATTESTED:
Sherilyn Godfrey
Secretary of CDC
IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The
Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Opening Meetings Act. Disable persons who want to attend this meeting and
who may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that
appropriate arrangements can be made.
03-03-2016 Regular CDC Minutes.doc