Loading...
HomeMy WebLinkAbout2017-01-24 Work Session & Regular Meeting PacketA YOUR} HOMETOW N U \171 City Council Work Session Tuesday, January 24, 2017 @ 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 January 24, 2017, 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. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Secretary annual review. b. 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) discuss annexation regulations & requirements. c. 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); discuss potential use tax agreement. d. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way, easements, and land for municipal facilities. 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. This is to certify that I, Carrie L. Smith, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. on January 20, 2017. Carrie L. Smith, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. Y{OUR} HOMETOWN AGENDA Regular City Council Meeting Tuesday, January 24, 2017 @ 7:30 PM Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 The City Council of the City of Anna will meet in Regular Session at 7:30 PM, on January 24, 2017, at the Anna City Hall, Located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. Call to Order, Roll Call and Establishment of Quorum. 2. Invocation and Pledge of Allegiance. 3. Citizen Comments. Citizens are allowed three minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items maybe considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve Council meeting minutes from January 10, 2017. b. Presentation of 2016 Racial Profiling Report. (Chief Jenks) C. Resolution approving a sponsorship agreement between the Anna Economic Development Corporation (EDC) and the Greater Anna Chamber of Commerce. (Jessica Perkins) d. Resolution approving a sponsorship agreement between the Anna Community Development Corporation (CDC) and the Greater Anna Chamber of Commerce. (Jessica Perkins) e. Resolution approving a re -plat of Advantage Self -Storage Addition, Lot 3, Block A. (Maurice Schwanke) f. Resolution approving a Site Plan and Landscape Plan for Anna Dental. (Maurice Schwnake) g. Resolution approving a development plat for the Kalinke Addition. (Maurice Schwanke) h. Resolution approving the Merritt Development Plat. (Maurice Schwanke) i. Resolution approving the Stinson Addition Development Plat. (Maurice Schwanke) 6. Consider/Discuss/Action regarding a Resolution approving a capital investment incentive performance agreement between Kirby -Smith, LLC; KSMI properties, Inc; and the Anna Community Development Corporation. (Jessica Perkins) 7. Consider/Discuss/Action regarding an Ordinance amending the Anna City Code of Ordinances by amending Part II, Article IV (Animals), Section 6 (Requirements of Livestock), and adding Section 6.08 (Harboring Chickens). (Maurice Schwanke) 8. Consider/Discuss/Action authorizing the General Manager of the Greater Texoma Utility Authority (GTUA) to execute a contract with Corrosion Eliminators LLC for the Sherley Above Ground Storage Tank Rehabilitation Project. (Joseph Johnson) 9. Consider/Discuss/Action on a Resolution Approving Interlocal Agreements with the cities of Van Alstyne and Howe regarding purchase of water (City Manager) 10. CLOSED SESSION (EXECEPTIONS) 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); City Secretary annual review. b. 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) discuss annexation regulations & requirements. C. 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); discuss potential use tax agreement. d. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way, easements, and land for municipal facilities. 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. 11. 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. 12. Adjourn. This is to certify that I, Carrie L. Smith, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. on January 20, 2017 Carrie L. Smith, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. AGENDAITEM: Approve Council meeting minutes from January 10, 2017. SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Proposed Minutes Item No. 5.a. City Council Agenda Staff Report Meeting Date: 1 /24/2017 Upload Date Type 1 /20/2017 Exhibit ANNA CITY COUNCI L MINUTES WORK SESSION January 10, 2017 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 Crist called the meeting to order at 6:30 p.m. All members present. 2. Discussion regarding regulations on keeping chickens. (Maurice Schwanke) Council had a brief discussion on the City's current and proposed regulations on having chickens in the city limits. 3. 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); City Manager annual review; City Secretary annual review. b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way, easements, and land for municipal facilities. c. 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). MOTION: Council Member Miller moved to enter into closed session. Council Member Burr seconded. Motion passed 7-0. Mayor Crist recessed the meeting at 6:54 p.m. Mayor Crist reconvened the open meeting at 7:30 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. 4. 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. MOTION: Council Member Pelham moved to take no action. Council Member Beazley seconded. Motion carried 7-0. 5. Adjourn. MOTION: Council Member Miller moved to adjourn. Council Member Bryan seconded. Motion passed 7-0. Mayor Crist adjourned the meeting at 7:33 p.m. Approved on January 10, 2017. Mayor Mike Crist ATTEST: City Secretary Carrie L. Smith ANNA CITY COUNCI L MINUTES REGULAR SESSION January 10, 2017 1. Call to Order/Roll Call and Establishment of Quorum Mayor Crist opened the meeting at 7:30 p.m. All members were present. 2. Invocation and Pledge of Allegiance. Mayor Crist led the 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. No Comments. 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 Crist briefed Council on the "It's Time Texas Community Challenge." 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve City Council Meeting minutes for December 13, 2016. (City Secretary) MOTION: Council Member Beazley moved to approve. Council Member Burr seconded. Motion passed 7-0. 6. Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by James A. Luscombe Jr. & Robyn L. Luscombe. (Joseph Johnson) Mayor Crist allowed the public to speak on this item. Residents that spoke in opposition: Christine Lewis - 8108 Red Fox Road Jim Luscombe plus handout Ex. 6A- 1303 W. Foster Crossing Road Jaime Basham - 2016 Burl Lane Patrice Henson -2317 Luscombe Lane Steven Pierce - Robyn Luscombe - 1303 W. Foster Crossing Road Bill Hoffman - 1906 Pecan Grove Scott North - 1905 Burl Lane Tom Plunkett - requested more transparency from the city Jean Foster - 2922 Pecan Grove RESOLUTION 2017-01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT WATER LINE EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.096 ACRES OF REAL PROPERTY, MORE OR LESS, AND 0.096 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. MOTION: Council Member Pelham moved to approve. Mayor Crist seconded. Motion passed 4-3. Beazley, Bryan, Miller opposed. 7. Consider/Discuss/Action regarding a Resolution approving a Second Amended and Restated Facilities Agreement UDF Northpointe, LLC.-184.01 Acre Tract. (Maurice Schwanke) RESOLUTION 2017-01- A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SECOND AMENDED AND RESTATED FACILITIES AGREEMENT UDF NORTHPOINTE, LLC. - 184.01 ACRE TRACT. MOTION: Council Member Pelham moved to approve. Mayor Crist seconded. Motion passed 4-3. Martinez, Bryan and Miler opposed. 8. Consider/Discuss/Action regarding a Resolution approving the Sixth Agreement Amending the Subdivision Improvement Agreement for Anna Town Square. (City Manager) RESOLUTION 2017-01- A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE SIXTH AGREEMENT AMENDING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR ANNA TOWN SQUARE MOTION: Council Member Burr moved to approve. Council Member Beazley seconded. Motion passed 7-0. 9. Consider/Discuss/Action regarding a Resolution authorizing the City Manager to purchase right-of-way for Hackberry Lane. (City Manager) RESOLUTION 2017-01 A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO PURCHASE RIGHT-OF-WAY FOR HACKBERRY LANE. MOTION: Council Member Beazley moved to approve. Council Member Martinez seconded. Motion passed 7-0. 10. Consider/Discuss/Action regarding a Resolution approving a Cost Share Agreement with Lennar Homes of Texas Land and Construction, Ltd. for the purchase of right-of-way for Hackberry Lane. (City Manager) RESOLUTION 2017-01- A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A COST SHARE AGREEMENT FOR HACKBERRY LANE RIGHT-OF-WAY. MOTION: Mayor Crist moved to approve. Council Member Beazley seconded. Motion passed 7-0. 11. Consider/Discuss/Action authorizing the City Manager to solicit bids for the Natural Springs Park office, breakroom and public restroom facility building improvement project. (Maurice Schwanke) MOTION: Council Member Bryan moved to approve. Council Member Miller seconded. Motion passed 7-0. 12. Consider/Discuss/Action regarding a Resolution authorizing the submission of a new application to the Texas Department of Agriculture for Texas Community Development Block Grant (TxCDBG) funding and authorizing the Mayor and/or City Manager to act as the City's Chief Executive Officer and Authorized Representative in all matters pertaining to the City's participation in the Texas Community Development Block Grant Program. (Joseph Johnson) RESOLUTION 2017-01- A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE SUBMISSION OF A TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION TO THE TEXAS DEPARTMENT OF AGRICULTURE FOR THE COMMUNITY DEVELOPMENT FUND; AND AUTHORIZING THE MAYOR AND/OR THE CITY MANAGER TO ACT AS THE CITY'S CHIEF EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. MOTION: Council Member Pelham moved to approve. Council Member Bryan seconded. Motion passed 7-0. 13. Consider/Discuss/Action regarding a Resolution committing matching funds in support of activities associated with the submission of an application to the Texas Department of Agriculture for Texas Community Development Block Grant Program funds. (Joseph Johnson) RESOLUTION 2017-01- A RESOLUTION OF THE CITY OF ANNA, TEXAS COMMITTING MATCHING FUNDS IN SUPPORT OF ACTIVITIES ASSOCIATED WITH THE 2017/2018 SEWER SYSTEM IMPROVEMENTS PROPOSED IN AN APPLICATION TO THE TEXAS DEPARTMENT OF AGRICULTURE FOR THE TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. MOTION: Council Member Pelham moved to approve. Council Member Beazley seconded. Motion passed 7-0. 14. Briefing/Discussion regarding pedestrian access from Anna Mobile Home Park and Fern Street to Slayter Creek Park Trail. (Maurice Schwanke) Anna ISD is interested in constructing a trail/sidewalk from the Anna Mobile Home Park via Fern Street an undeveloped right-of-way called Rose Way on the North Park Plat to the Trail in Slayter Creek Park. This proposed connection would allow High School and Middle School children in the Anna Mobile Home Park and the North Park Subdivision to walk to Anna High School and the Middle School instead of being bussed. Discussion only, no action taken. 15. Briefing/Discussion regarding a municipal court of record. (City Attorney) Texas municipalities that have a municipal court may choose whether or not the court is a "municipal court of record." Anna currently has a municipal court that is not a court of record. This means that verbal testimony, arguments, and rulings at trials are not recorded. In contrast, a municipal court of record is required to provide a court reporter (or otherwise record its proceedings) to create and preserve a record in cases tried before the court. Discussion, no action taken. City Attorney McCoy will prepare a draft ordinance for Council's review. 16. Briefing/Discussion regarding Texas Alternatives Set -Aside Program (TA Set -Aside) Grant Program. (Joseph Johnson) The Transportation Alternatives Set -Aside Program (TA Set -Aside) provides funding for programs and projects defined as transportation alternatives. The Regional Transportation Council (RTC) and the North Central Texas Council of Governments (NCTCOG) administrates the funding that has been allocated ($23 million) to the NCTCOG area which includes 12 counties. General types of projects eligible under this program include pedestrian and bicycle facilities, multi -modal connections to public transportation, and pedestrian and bicycle infrastructure associated with Safe Routes to School projects that will substantially improve safety and the ability for students to walk and bicycle to school. Discussion, no action taken. 17. CLOSED SESSION (EXECEPTIONS) 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); City Manager and City Secretary annual review. b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way, easements, and land for municipal facilities. c. 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). No action. 18. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary No action. 19. Adjourn. MOTION: Council Member Bryan moved to adjourn. Council Member Miller seconded. Motion carried 7-0. Mayor Crist adjourned the meeting at 9:32 p.m. Approved on the January 24, 2017. Mayor Mike Crist ATTEST: City Secretary Carrie L. Smith i Item No. 5.b. City Council Agenda Staff Report Meeting Date: 1 /24/2017 YOUR} HOMETOWN AGENDAITEM: Presentation of 2016 Racial Profiling Report. (Chief Jenks) SUMMARY: The Texas Code of Criminal Procedure requires the collection of information relating to motor vehicle stops in which a citation is issued and/or an arrest was made as a result of the stop, including information relating to: • the race or ethnicity of the individual detained; • whether a search was conducted and, if so, whether the individual detained consented to the search; and • whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual. Further, the chief administrator of the agency is required to submit an annual report of the information collected to: • the Texas Commission on Law Enforcement; and • the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. The report that is submitted to the State, via the Texas Commission on Law Enforcement, is available online to the citizens who are interested in the information. Attached to this staff report is a copy of the actual online document that was submitted by the City of Anna Police Department. STAFF RECOMMENDATION: This is presented for your information only. No action by the City Council is required. ATTACHMENTS: Description Upload Date Type 2016 Racial Profiling Report 1 /17/2017 Staff Report Anna, TX PD CONFIDENTIAL 1/1/2016 - 12/31/2016 Racial Profile Tier 1 HB3389 PLEASE NOTE: The official form does not allow for Other and Unknown in the Race or Ethnicity boxes on the TCOLE website. Please contact TCOLE for instructions on how to resolve these issues for 2012. This report only includes traffic stops resulting in a citation, traffic stops resulting in a citation with an arrest, traffic stops resulting in a warning with an arrest and field interviews that resulted in an arrest. Number of Motor Vehicle Stops 767 Citations only 9 Arrest only 47 Citations and Arrests 4. 823 Total Race or Ethnicity 132 African 12 Asian 500 Caucasian 166 Hispanic 13 Middle Eastern 0 Native American 0 Other 0 Unknown 11. 823 Total Race or Ethnicity known prior to stop? 123 Yes 700 No Search conducted? 101 Yes 722 No Was search consented? 37 Yes 64 No 14. 823 Total 17. 823 Total 20. 101 Total Report Created: 1 /6/2017 11:28:32 AM 1 of 1 Powered by: a' brazos i Item No. 5.c. City Council Agenda Staff Report Meeting Date: 1 /24/2017 YOUR} HOMETOWN AGENDAITEM: Resolution approving a sponsorship agreement between the Anna Economic Development Corporation (EDC) and the GreaterAnna Chamber of Commerce. (Jessica Perkins) 6*11hV1 hT 1_ VA The EDC and CDC have historically supported the annual events of the GACC. For the past several years the Corporations have entered into a fiscal year agreement for sponsorship. The annual agreement has allowed for better planning and budgeting. This past year, due to the sales tax reallocation election, staff suggested waiting on executing a full year sponsorship with the Chamber. Now that staff is better informed and aware of the changes that will come with the reallocation, the Corporation is in a position to move forward with a sponsorship for the remainder of the fiscal year. Exhibit A attached for your review is the sponsorship agreement for the events the Chamber has requested the Corporation at a Platinum Level. The sponsorship will before the Annual Banquet at $5,000, and the July 4th Celebration in the amount of $8,000. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution and Agreement. ATTACHMENTS: Description Upload Date Type EDC/GACC Resolution 1 /19/2017 Resolution EDC GACC Sponsorship Agreement 1 /18/2017 Backup Material CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS APPROVING THE ANNA ECONOMIC DEVELOPMENT CORPORATIONS' 2016-2017 FISCAL YEAR SPONSORSHIP AGREEENT WITH THE GREATER ANNA CHAMBER OF COMMERCE. WHEREAS, the Anna EDC have historically supported the annual events of the GACC, and; WHEREAS, for the past few years the Anna EDC has entered into an agreement to sponsor said events in exchange for certain promotional benefits provided by the GACC, and; WHEREAS, the agreements have allowed for better planning and budgeting by the Anna EDC; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, 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 Sponsorship Agreements The City Council of the City of Anna hereby approves the Agreement for Sponsorship Commitment for the remainder of the 2016-2017 fiscal year between the EDC and the GACC attached hereto as EXHIBIT A, incorporated herein for all purposes. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 24t" day of January, 2017. ATTEST: APPROVED: City Secretary Carrie L. Smith Mayor Mike Crist City Council of ANNA, TEXAS RESOLUTION NO PAGE 1 OF 1 ANNA ECONOMIC DEVELOPMENT CORPORATION RESOLUTION NO. a D % - 0/'09 (E-T)c A RESOLUTION OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION AUTHORZING THE CHIEF ADMINISTRATIVE OFFICER TO SIGN AN AGREEMENT WITH THE GREATER ANNA CHAMBER OF COMMERCE WHEREAS, the Anna Economic Development Corporation (the "EDC") wishes to expend funds in support the efforts of the Chamber; and WHEREAS, the EDC believes that funding the Chamber is a necessary promotional expense for the EDC and the Anna Economic; and WHEREAS, the EDC intends that said funds be used solely for the events outlined in Exhibit A, insurance coverage, and permits necessary for the events; and NOW THEREFORE, BE IT RESOLVED BY THE ANNA ECONOMIC DEVELOPMENT CORPORATION, THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval of Agreement The EDC hereby authorizes the Chief Administrative Officer to sign an agreement with Greater Anna Chamber of Commerce attached hereto as EXHIBIT A. Section 3. Approval of Funding The EDC hereby authorizes the Chief Administrative Officer to charge the EDC's promotional account in accordance with the procedures outlined in EXHIBIT A. PASSED ND APPROVED by the Anna Economic Development Corporation this 5 day of M 2017. EDC OF ANNA, TEXAS RESOLUTION NO 20/7- el- O �2 [ > ) PAGE 1 OF 1 Exhibit A AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2017 THIS AGREEMENT FOR SPONSORSHIP COMMITMENT (this "Agreement") is made by and between the Anna Economic Development Corporation ("EDC"), and the Greater Anna Chamber of Commerce, Inc. ("GACC") and entered into on this day of 2017. ummary During the EDC's 2017 year, the EDC hereby promises to make certain payments to the GACC to sponsor certain GACC events that GACC promises will promote the EDC and the growth and the development of the City. The amount of each payment is specified under this Agreement for each corresponding GACC event. Each payment is to be provided to the GACC prior to each event, but is contingent upon GACC providing a letter of intent to organize and hold the corresponding event and meet the corresponding benchmarks set forth herein, as well as to adequately promote the EDC and the City. Section 2. Definitions For purposes of this Agreement, the following meanings shall apply: (a) City shall mean the City of Anna, Texas. (b) EDC shall mean the Anna Economic Development Corporation, a Texas nonprofit corporation. (c) GACC shall mean the Greater Anna Chamber of Commerce, Inc., a Texas nonprofit corporation. (d) Sponsor shall mean a person or corporation that pays or provides something of value to the GACC in connection with a GACC event in exchange for GACC providing promotional marketing or any other benefits associated with the GACC event. (e) Sponsorship Benefits shall mean at least that amount of sponsorship designation, advertising in print and broadcast media, marketing materials and opportunities, onsite and offsite signage and marketing, public relations benefits and all other benefits listed in this Agreement and/or otherwise available that would promote the EDC to an extent equal to or greater than any other Sponsor of the GACC event in question. In other words, Sponsorship Benefits shall provide the EDC with at least "equal billing" compared with any other Sponsor and shall provide the highest level of promotional or other benefits made available or provided to any other Sponsor, regardless of the amounts paid by the EDC as compared with other Sponsor Designation includes and shall mean: AGREEMENT FOR SPONSORSHIP COMMITMENT 2017 PAGE 1 OF 8 Exhibit A (1) the EDC shall be named as a Sponsor of the GACC event, that the EDC may use the same designation in all GACC-approved advertising, merchandising and promotions; and (2) the EDC shall have first right of refusal as a Sponsor of any subsequent events arising out of any of the GACC events in future years. Section 3. General Requirements 3.01 Letter of Intent The GACC agrees to provide to the EDC a letter of intent thirty (30) days prior to each event and prior to the payment to GACC of any EDC funds for such event. The letter of intent will be drafted on a standard form attached as "Exhibit A", and incorporated herein as if set forth in full. The letter of intent shall include a promise by the GACC to organize and hold the specific event setting forth its purpose and goals including the benchmark provisions set forth in this Agreement and shall constitute further binding contractual responsibilities of the GACC to attain those benchmarks and adequately promote the EDC. The letter of intent for any given event may set forth a different amount requested to be paid by the EDC than the amount estimated for such event as set forth in Section 4 of this Agreement. 3.02 Sponsorship Benefits The GACC agrees to furnish all materials, equipment, tools and other items necessary to provide Sponsorship Benefits to the EDC, and, in addition, all Sponsor Designations, advertising in print and broadcast media, marketing materials and opportunities, onsite and offsite signage and marketing, and all other public relations and promotional benefits as further described in this Agreement under each specific event. Advertising in print and broadcast media includes the EDC's identification as Sponsor on all print advertising secured promoting the GACC event. All such advertising shall reference the EDC as: The City of Anna Economic Development Corporation. Marketing materials and opportunities, onsite signage and marketing, and public relations benefits will be provided for under each specific event in this Agreement. Section 4. GACC Events The GACC and EDC anticipate EDC sponsorship of the following events and provides specific terms of compensation, Sponsorship Benefits, goals and benchmarks to gauge promotional impact: AGREEMENT FOR SPONSORSHIP COMMITMENT 2017 PAGE 2 OF 8 Exhibit A 4.01 Annual Banquet Name/Purpose: 2017 Annual Banquet - Awards and appreciation banquet as well as a promotional event for current and prospective businesses in our community. Date, Time, Location of Event: 5:00pm—11:00pm tentatively scheduled for Saturday, February 25, 2017, Anna High School in Anna, TX Estimated Compensation amount: $5,000.00 Sponsorship Obligations of GACC in addition to Sponsorship Benefits: One table at the banquet; full -page advertisement placed on back of program; advertisement during event including signage and in PowerPoint presentation Promotional Benchmark Requirements: GACC will provide list of attendees 4.02 Anna Fireworks Event Name/Purpose: 2017 Anna Fireworks Event, Community Festival Date, Time, Location of Event: 8pm — Conclusion of Fireworks, Tuesday, July 4, 2017 at Anna ISD High School or Football Stadium Estimated Compensation amount: $7,500.00 Sponsorship Obligations of GACC in addition to Sponsorship Benefits: EDC Logo on pre -event banners; EDC Logo on registration form; listed as sponsor in newspaper advertisement and article Promotional Benchmark Requirements: GACC will provide and estimated number of attendees Section 5. Compensation In consideration of the performance of GACC's obligations under this Agreement, including the provision of Sponsorship Benefits described herein, the EDC agrees to pay the GACC the total amount of compensation of $12,500 subject to the conditions set forth in this Agreement. Before the EDC shall have any obligation to make any payment to GACC with respect to any given event described in Section 4 of this Agreement, the GACC must timely provide the EDC with a letter of intent —signed by a GACC representative authorized to contractually bind the GACC—as described in Section 3.01 of this Agreement and the GACC must submit said letter of intent to the EDC before the applicable deadline for such event as set forth in Section 4 of this Agreement. The total ($12,500) amount of compensation shall be made in three separate payments with the amount of each payment being determined by the EDC by electing one of the two following options per GACC event: (1) the estimated compensation amount set forth in Section 4 of this Agreement; or (2) a different AGREEMENT FOR SPONSORSHIP COMMITMENT 2017 PAGE 3 OF 8 Exhibit A amount requested by GACC that is set forth in the letter of intent described in Section 3.01 of this Agreement and attached hereto as Exhibit A. If the EDC decides to honor any GACC request for a different amount than what is set forth in Section 4 of this Agreement, the EDC shall thereafter have discretion to alter the amount of payments it makes with respect to any remaining events so that its overall compensation paid to the Chamber under this Agreement does not exceed $12,500. The GACC shall provide the EDC with a written receipt. Section 6. Licenses and Permits The GACC shall obtain and pay for any and all permits, licenses, disposal fees, or any other costs required for any of the GACC events and to fulfill this Agreement. The GACC shall take all reasonable steps necessary to ensure that all state, federal, and local permitting and licensing requirements are met at all times during all GACC events. The GACC must comply with all federal and state laws, and local ordinances while organizing and participating in the GACC events. Section 7. Independent Contractor Status/ Liability/ Indemnity It is expressly understood and agreed that the EDC has no right of control, supervision, or direction over any work performed by the GACC relating in any way to the GACC's undertaking of any of its events (the "Work"), including but not limited to its employees, agents, contractors, or its subcontractors, nor does the EDC have any control, supervision or direction of the means, methods, sequences, procedures, and techniques utilized to complete any the Work. There shall be no joint control over the Work. The GACC agrees to fully defend, indemnify and hold harmless the EDC from any claim, proceeding, cause of action, judgment, penalty, or any other cost or expense arising or growing out of, associated or in connection with the Work. The indemnification includes, but is not limited to, attorney fees incurred by the EDC in defending itself or in enforcing this Agreement. By entering into this Agreement, GACC waives all rights and remedies in law or in equity except to seek enforcement of specific performance, without any right to reimbursement of costs or attorney fees, of the obligations under this Agreement. This provision is not intended to and does not waive any of the EDC's governmental immunities, including immunity from suit and liability. Section 8. Insurance GACC shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in conjunction with the performance of the Work or in any way related to the GACC's undertakings performed in connection with the GACC events, including but not limited to coverage for GACC, its agents, representatives, employees, contractors, or subcontractors. The form and limits of such insurance, together with the underwriter thereof in each case, must be acceptable to the EDC but regardless of such acceptance it shall be the responsibility of the GACC to maintain adequate insurance AGREEMENT FOR SPONSORSHIP COMMITMENT 2017 PAGE 4 OF 8 Exhibit A coverage at all times. Failure of the GACC to maintain adequate coverage shall not relieve the GACC of any contractual responsibility or obligation. Each policy shall provide that there will be no alteration or modification which reduces coverage in any way prior to 30 days written notice being given to the EDC. A copy of each policy, or at the EDC's discretion, a certificate of insurance, shall be filed with the EDC Secretary. Section 9. Default 9.01 Events of Default The occurrence, at any time during the term of the Agreement, of any one or more of the following events, shall constitute an Event of Default under this Agreement: (a) the failure of GACC to timely provide the EDC with a properly executed letter of intent in accordance with the terms of this Agreement prior to each event; (b) the failure of the GACC event to occur on the scheduled date, or —if the event cannot occur on the originally scheduled date due to inclement weather —the failure of the GACC event to be rescheduled and occur in accordance with Section 17 of this Agreement; (c) the failure of GACC to provide the EDC with all Sponsorship Benefits enumerated in this Agreement for each event; (d) the failure of GACC to meet each promotional benchmark requirement; (e) the failure of the EDC to pay the GACC according to the compensation terms of each event when such payment may become due; and (f) the EDC's or GACC's breach or violation of any of the material terms, covenants, representations or warranties contained herein or GACC's failure to perform any material obligation contained herein. 9.02 Uncured Events of Default Upon the occurrence of an Event of Default by EDC that can be cured by the immediate payment of money to GACC, EDC shall have 10 calendar days from receipt of written notice from GACC of an occurrence of such Event of Default to cure same before GACC may exercise any of its remedies as set forth in this Agreement. Upon the occurrence of an Event of Default by GACC that does not include the failure to abide by a deadline or to a failure described in Section 9.01(b), it shall have 10 calendar days from receipt of written notice from EDC of an occurrence of such Event of Default to cure same, or, if same cannot be effectively cured within 10 calendar days and fully and effectively provide EDC with the Sponsorship Benefits, the default may be cured by refunding EDC's entire sponsorship fee, unless such Event of Default creates or contributes to an emergency situation in which injury to persons or AGREEMENT FOR SPONSORSHIP COMMITMENT 2017 PAGE 5 OF 8 Exhibit A property reasonably appears imminent, in which case EDC is immediately entitled to exercise or seek all rights available to it at law or in equity. If with respect to any given event set forth in Section 4 of this Agreement, there is a failure of GACC to meet a deadline or a failure described in Section 9.01(b), the EDC shall be entitled to a full refund of any amounts paid by the EDC to GACC for such event. Section 10. Amendment; Termination This Agreement may not be amended except pursuant to a written instrument signed by both parties. This Agreement shall terminate once both parties shall have completed performance of their respective obligations hereunder. AGREEMENT FOR SPONSORSHIP COMMITMENT 2017 PAGE 6 OF 8 Exhibit A Notice Notice as required by this Agreement shall be in writing delivered to the parties via postage prepaid, U.S. certified mail, return receipt requested, at the addresses listed below: EDC EDC President Anna Economic Development Corporation 111 N. Powell Parkway Anna, Texas 75409 GACC GACC Director Greater Anna Chamber of Commerce 218 W. 4t" Street, Suite C Anna, Texas 75409 Each party shall notify the other in writing within 10 days of any change in the address information listed in this section. Section 11. No Waiver of Immunity Nothing in this Agreement waives any governmental immunity available to the EDC under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Section 12. Entire Agreement This Agreement represents the entire and integrated Agreement between EDC and GACC and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Section 13. Governing Law and Venue This Agreement shall be governed by the laws of the State of Texas as to interpretation and performance. Any and all legal action necessary to enforce this Agreement shall be brought in a court of competent jurisdiction in Collin County, Texas or in the United States District Court for the Eastern District of Texas, Sherman Division. Section 14. Severability The provisions of this Agreement are severable. In the event that any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement shall be found to be contrary to the law, or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of this Agreement. AGREEMENT FOR SPONSORSHIP COMMITMENT 2017 PAGE 7 OF 8 Exhibit A Section 15. Contract Interpretation This Agreement is the result of negotiation between the parties, and shall, in the event of any dispute over the meaning or application of any portion thereof, be interpreted fairly and reasonably, and not to be more strictly construed against one party than another, regardless of which party originally drafted the section in dispute. Time is of the essence with respect to the deadlines set forth in this Agreement. Section 16. Force Majeure If a party is prevented or delayed from performing any of its obligations hereunder due to a natural or manmade event or condition not caused by such party and beyond such party's reasonable control, then such party's performance of those obligations shall be suspended until such time as the event or condition no longer prevents or delays performance. If any event or condition results in the creation of amounts of refuse in excess of ordinary amounts, then the parties shall discuss, but shall not be bound to conclude, terms and conditions for collection of those excess amounts. Section 17. Inclement Weather If the GACC cannot reasonably proceed with an event due to inclement weather, then the GACC shall reschedule the event so that it occurs in reasonably close temporal proximity to the original date scheduled for the event. A failure to so reschedule and hold the event is a material breach of this Agreement. Section 18. Assignment It is understood and agreed that GACC shall not assign, sublet, or transfer any of the rights and duties under the terms of this Agreement without the prior written approval of the EDC. Section 19. Effective Date This Agreement shall be effective upon the date first stated herein, and performance of such Agreement shall begin as soon thereafter as practicable. IN WITNESS WHEREOF, EDC and GACC have executed this Agreement. Kevin all o stance Stump Greater Anna Chamber of Commerce EDC President AGREEMENT FOR SPONSORSHIP COMMITMENT 2017 PAGE 8 OF 8 AGENDAITEM: Item No. 5.d. City Council Agenda Staff Report Meeting Date: 1 /24/2017 Resolution approving a sponsorship agreement between the Anna Community Development Corporation (CDC) and the Greater Anna Chamber of Commerce. (Jessica Perkins) 6*11hV1 hT 1_ VA The EDC and CDC have historically supported the annual events of the Greater Anna Chamber of Commerce (GACC). For the past several years the Corporations have entered into a fiscal year agreement for sponsorship. The annual agreement has allowed for better planning and budgeting. This past year, due to the sales tax reallocation election, staff suggested waiting on executing a full year sponsorship with the Chamber. Now that staff is better informed and aware of the changes that will come with the reallocation, the Corporation is in a position to move forward with a sponsorship for the remainder of the fiscal year. Exhibit A attached for your review is the sponsorship agreement for the events the Chamber has requested the Corporation sponsor at a Platinum Level. The Corporation will sponsor the Annual Golf Tournament at $3,000 and the July 4th Celebration in the amount of $8,000. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution and Agreement. ATTACHMENTS: Description Upload Date Type CDC/GACC Resolution 1 /19/2017 Resolution Exhibit A, CDC GACC Sponsorship Agreement 1 /18/2017 Backup Material CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS APPROVING THE ANNA COMMUNITY DEVELOPMENT CORPORATIONS' 2016 - 2017 FISCAL YEAR SPONSORSHIP AGREEENT WITH THE GREATER ANNA CHAMBER OF COMMERCE. WHEREAS, the Anna CDC have historically supported the annual events of the GACC, and; WHEREAS, for the past few years the Anna CDC has entered into an agreement to sponsor said events in exchange for certain promotional benefits provided by the GACC, and; WHEREAS, the agreements have allowed for better planning and budgeting by the Anna CDC; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, 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 Sponsorship Agreements The City Council of the City of Anna hereby approves the Agreement for Sponsorship Commitment for the remainder of the 2016-2017 fiscal year the CDC and the GACC attached hereto as EXHIBIT A, incorporated herein for all purposes. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 24t" day of January, 2017. ATTEST: APPROVED: City Secretary Carrie L. Smith Mayor Mike Crist City Council of ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1 ANNA COMMUNITY DEVELOPMENT CORPORATION RESOLUTION NO.9617-0/-0l ((00 A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION AUTHORZING THE CHIEF ADMINISTRATIVE OFFICER TO SIGN AN AGREEMENT WITH THE GREATER ANNA CHAMBER OF COMMERCE WHEREAS, the Anna Community Development Corporation (the "CDC") wishes to expend funds in support the efforts of the Chamber; and WHEREAS, the CDC believes that funding the Chamber is a necessary promotional expense for the CDC and the Anna community; and WHEREAS, the CDC intends that said funds be used solely for the events outlined in Exhibit A, insurance coverage, and permits necessary for the events; and 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 Agreement The CDC hereby authorizes the Chief Administrative Officer to sign an agreement with Greater Anna Chamber of Commerce attached hereto as EXHIBIT A. Section 3. Approval of Funding The CDC hereby authorizes the Chief Administrative Officer to charge the CDC's promotional account in accordance with the procedures outlined in EXHIBIT A. PASSED AND APPROVED by the Anna Community Development Corporation this day of ' ^� ,y, 12017. APPROVED: J n Houcek, CDC President CDC OF ANNA, TEXAS RESOLUTION NO3 17-0/ - C/ (CD C,) PAGE 1 OF 1 Exhibit A AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2017 THIS AGREEMENT FOR SPONSORSHIP COMMITMENT (this "Agreement") is made by and between the Anna Community Development Corporation ("CDC"), and the Great nna Chamber of Commerce, Inc. ("GACC") and entered into on this S day ofl> }L (.i(/lyy, 2017. Section 1. Summary During the CDC's 2017 year, the CDC hereby promises to make certain payments to the GACC to sponsor certain GACC events that GACC promises will promote the CDC and the growth and the development of the City. The amount of each payment is specified under this Agreement for each corresponding GACC event. Each payment is to be provided to the GACC prior to each event, but is contingent upon GACC providing a letter of intent to organize and hold the corresponding event and meet the corresponding benchmarks set forth herein, as well as to adequately promote the CDC and the City. Section 2. Definitions For purposes of this Agreement, the following meanings shall apply: (a) City shall mean the City of Anna, Texas. (b) CDC shall mean the Anna Community Development Corporation, a Texas nonprofit corporation. (c) GACC shall mean the Greater Anna Chamber of Commerce, Inc., a Texas nonprofit corporation. (d) Sponsor shall mean a person or corporation that pays or provides something of value to the GACC in connection with a GACC event in exchange for GACC providing promotional marketing or any other benefits associated with the GACC event. (e) Sponsorship Benefits shall mean at least that amount of sponsorship designation, advertising in print and broadcast media, marketing materials and opportunities, onsite and offsite signage and marketing, public relations benefits and all other benefits listed in this Agreement and/or otherwise available that would promote the CDC to an extent equal to or greater than any other Sponsor of the GACC event in question. In other words, Sponsorship Benefits shall provide the CDC with at least "equal billing" compared with any other Sponsor and shall provide the highest level of promotional or other benefits made available or provided to any other Sponsor, regardless of the amounts paid by the CDC as compared with other Sponsor Designation includes and shall mean: AGREEMENT FOR SPONSORSHIP COMMITMENT 2017 PAGE 1 OF 8 Exhibit A (1) the CDC shall be named as a Sponsor of the GACC event, that the CDC may use the same designation in all GACC-approved advertising, merchandising and promotions; and (2) the CDC shall have first right of refusal as a Sponsor of any subsequent events arising out of any of the GACC events in future years. Section 3. General Requirements 3.01 Letter of Intent The GACC agrees to provide to the CDC a letter of intent thirty (30) days prior to each event and prior to the CDC's payment to GACC of any funds for such event. The letter of intent will be drafted on a standard form attached as "Exhibit A", and incorporated herein as if set forth in full. The letter of intent shall include a promise by the GACC to organize and hold the specific event setting forth its purpose and goals including the benchmark provisions set forth in this Agreement and shall constitute further binding contractual responsibilities of the GACC to attain those benchmarks and adequately promote the CDC. The letter of intent for any given event may set forth a different amount requested to be paid by the CDC than the amount estimated for such event as set forth in Section 4 of this Agreement. 3.02 Sponsorship Benefits The GACC agrees to furnish all materials, equipment, tools and other items necessary to provide Sponsorship Benefits to the CDC, and, in addition, all Sponsor Designations, advertising in print and broadcast media, marketing materials and opportunities, onsite and offsite signage and marketing, and all other public relations and promotional benefits as further described in this Agreement under each specific event. Advertising in print and broadcast media includes the CDC's identification as Sponsor on all print advertising secured promoting the GACC event. All such advertising shall reference the CDC as: The City of Anna Community Development Corporation. Marketing materials and opportunities, onsite signage and marketing, and public relations benefits will be provided for under each specific event in this Agreement. Section 4. GACC Events The GACC and CDC anticipate CDC sponsorship of the following events and provides specific terms of compensation, Sponsorship Benefits, goals and benchmarks to gauge promotional impact: AGREEMENT FOR SPONSORSHIP COMMITMENT 2017 PAGE 2 OF 8 Exhibit A 4.01 2017 Golf Tournament Name/Purpose: 2017 Golf Tournament, Networking event for current GACC members as well as a promotion to prospective new members and businesses Date, Time, Location of Event: All Day tentatively scheduled for Monday, May 1, 2017, Hurricane Creek Country Club Estimated Compensation amount: $3,000.00 Sponsorship Obligations of GACC: Recognition as Title Sponsor in Program and on signage the day of the event, opportunity to display promotional material, signage placed on various holes Promotional Benchmark Requirements: GACC will provide a list of players 4.02 Anna Fireworks Event Name/Purpose: 2017 Anna Fireworks Event, Community Festival Date, Time, Location of Event: 5:00pm — Conclusion of Fireworks, Tuesday, July 4, 2017 at Anna ISD Football Stadium Estimated Compensation amount: $7,500.00 Sponsorship Obligations of GACC in addition to Sponsorship Benefits: CDC Logo on pre -event banners; CDC Logo on registration form; listed as sponsor in newspaper advertisement and article Promotional Benchmark Requirements: GACC will provide and estimated number of attendees Section 5. Compensation In consideration of the performance of GACC's obligations under this Agreement, including the provision of Sponsorship Benefits described herein, the CDC agrees to pay the GACC the total amount of compensation of $10,500, subject to the conditions set forth in this Agreement. Before the CDC shall have any obligation to make any payment to GACC with respect to any given event described in Section 4 of this Agreement, the GACC must timely provide the CDC with a letter of intent —signed by a GACC representative authorized to contractually bind the GACC—as described in Section 3.01 of this Agreement and the GACC must submit said letter of intent to the CDC before the applicable deadline for such event as set forth in Section 4 of this Agreement. The total ($10,500) amount of compensation shall be made in five separate payments with the amount of each payment being determined by the CDC by electing one of the two following options per GACC event: (1) the estimated compensation amount set forth in Section 4 of this Agreement; or (2) a different AGREEMENT FOR SPONSORSHIP COMMITMENT 2017 PAGE 3 OF 8 Exhibit A amount requested by GACC that is set forth in the letter of intent described in Section 3.01 of this Agreement and attached hereto as Exhibit A. If the CDC decides to honor any GACC request for a different amount than what is set forth in Section 4 of this Agreement, the CDC shall thereafter have discretion to alter the amount of payments it makes with respect to any remaining events so that its overall compensation paid to the Chamber under this Agreement does not exceed $10,500. The GACC shall provide the CDC with a written receipt. Section 6. Licenses and Permits The GACC shall obtain and pay for any and all permits, licenses, disposal fees, or any other costs required for any of the GACC events and to fulfill this Agreement. The GACC shall take all reasonable steps necessary to ensure that all state, federal, and local permitting and licensing requirements are met at all times during all GACC events. The GACC must comply with all federal and state laws, and local ordinances while organizing and participating in the GACC events. Section 7. Independent Contractor Status/ Liability/ Indemnity It is expressly understood and agreed that the CDC has no right of control, supervision, or direction over any work performed by the GACC relating in any way to the GACC's undertaking of any of its events (the "Work"), including but not limited to its employees, agents, contractors, or its subcontractors, nor does the CDC have any control, supervision or direction of the means, methods, sequences, procedures, and techniques utilized to complete any of the Work. There shall be no joint control over the Work. The GACC agrees to fully defend, indemnify and hold harmless the CDC from any claim, proceeding, cause of action, judgment, penalty, or any other cost or expense arising or growing out of, associated or in connection with the Work. The indemnification includes, but is not limited to, attorney fees incurred by the CDC in defending itself or in enforcing this Agreement. By entering into this Agreement, GACC waives all rights and remedies in law or in equity except to seek enforcement of specific performance, without any right to reimbursement of costs or attorney fees, of the obligations under this Agreement. This provision is not intended to and does not waive any of the CDC's governmental immunities, including immunity from suit and liability. Section 8. Insurance GACC shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in conjunction with the performance of the Work or in any way related to the GACC's undertakings performed in connection with the GACC events, including but not limited to coverage for GACC, its agents, representatives, employees, contractors, or subcontractors. The form and limits of such insurance, together with the underwriter thereof in each case, must be acceptable to the CDC but regardless of such acceptance it shall be the responsibility of the GACC to maintain adequate insurance AGREEMENT FOR SPONSORSHIP COMMITMENT 2017 PAGE 4 OF 8 Exhibit A coverage at all times. Failure of the GACC to maintain adequate coverage shall not relieve the GACC of any contractual responsibility or obligation. Each policy shall provide that there will be no alteration or modification which reduces coverage in any way prior to 30 days written notice being given to the CDC. A copy of each policy, or at the CDC's discretion, a certificate of insurance, shall be filed with the CDC Secretary. Section 9. Default 9.01 Events of Default The occurrence, at any time during the term of the Agreement, of any one or more of the following events, shall constitute an Event of Default under this Agreement: (a) the failure of GACC to timely provide the CDC with a properly executed letter of intent in accordance with the terms of this Agreement prior to each event; (b) the failure of the GACC event to occur on the scheduled date, or —if the event cannot occur on the originally scheduled date due to inclement weather —the failure of the GACC event to be rescheduled and occur in accordance with Section 18 of this Agreement; (c) the failure of GACC to provide the CDC with all Sponsorship Benefits enumerated in this Agreement for each event; (d) the failure of GACC to meet each promotional benchmark requirement; (e) the failure of the CDC to pay the GACC according to the compensation terms of each event when such payment may become due; and (f) the CDC's or GACC's breach or violation of any of the material terms, covenants, representations or warranties contained herein or GACC's failure to perform any material obligation contained herein. 9.02 Uncured Events of Default Upon the occurrence of an Event of Default by CDC that can be cured by the immediate payment of money to GACC, CDC shall have 10 calendar days from receipt of written notice from GACC of an occurrence of such Event of Default to cure same before GACC may exercise any of its remedies as set forth in this Agreement. Upon the occurrence of an Event of Default by GACC that does not include the failure to abide by a deadline or to a failure described in Section 9.01(b), it shall have 10 calendar days from receipt of written notice from CDC of an occurrence of such Event of Default to cure same, or, if same cannot be effectively cured within 10 calendar days and fully and effectively provide CDC with the Sponsorship Benefits, the default may be cured by refunding CDC's entire sponsorship fee, unless such Event of AGREEMENT FOR SPONSORSHIP COMMITMENT 2017 PAGE 5 OF 8 Exhibit A Default creates or contributes to an emergency situation in which injury to persons or property reasonably appears imminent, in which case CDC is immediately entitled to exercise or seek all rights available to it at law or in equity. If with respect to any given event set forth in Section 4 of this Agreement, there is a failure of GACC to meet a deadline or a failure described in Section 9.01(b), the CDC shall be entitled to a full refund of any amounts paid by the CDC to GACC for such event. Section 10. Amendment; Termination This Agreement may not be amended except pursuant to a written instrument signed by both parties. This Agreement shall terminate once both parties shall have completed performance of their respective obligations hereunder. AGREEMENT FOR SPONSORSHIP COMMITMENT 2017 PAGE 6 OF 8 Exhibit A Section 11. Notice Notice as required by this Agreement shall be in writing delivered to the parties via postage prepaid, U.S. certified mail, return receipt requested, at the addresses listed below: CDC GACC CDC President GACC Director Anna Community Development Corporation Greater Anna Chamber of Commerce 111 N. Powell Parkway 218 W. 4th Street, Suite C Anna, Texas 75409 Anna, Texas 75409 Each party shall notify the other in writing within 10 days of any change in the address information listed in this section. Section 12. No Waiver of Immunity Nothing in this Agreement waives any governmental immunity available to the CDC under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Section 13. Entire Agreement This Agreement represents the entire and integrated Agreement between CDC and GACC and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Section 14. Governing Law and Venue This Agreement shall be governed by the laws of the State of Texas as to interpretation and performance. Any and all legal action necessary to enforce this Agreement shall be brought in a court of competent jurisdiction in Collin County, Texas or in the United States District Court for the Eastern District of Texas, Sherman Division. Section 15. Severability The provisions of this Agreement are severable. In the event that any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement shall be found to be contrary to the law, or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of this Agreement. AGREEMENT FOR SPONSORSHIP COMMITMENT 2017 PAGE 7 OF 8 Exhibit A Section 16. Contract Interpretation This Agreement is the result of negotiation between the parties, and shall, in the event of any dispute over the meaning or application of any portion thereof, be interpreted fairly and reasonably, and not to be more strictly construed against one party than another, regardless of which party originally drafted the section in dispute. Time is of the essence with respect to the deadlines set forth in this Agreement. Section 17. Force Majeure If a party is prevented or delayed from performing any of its obligations hereunder due to a natural or manmade event or condition not caused by such party and beyond such party's reasonable control, then such party's performance of those obligations shall be suspended until such time as the event or condition no longer prevents or delays performance. If any event or condition results in the creation of amounts of refuse in excess of ordinary amounts, then the parties shall discuss, but shall not be bound to conclude, terms and conditions for collection of those excess amounts. Section 18. Inclement Weather If the GACC cannot reasonably proceed with an event due to inclement weather, then the GACC shall reschedule the event so that it occurs in reasonably close temporal proximity to the original date scheduled for the event. A failure to so reschedule and hold the event is a material breach of this Agreement. Section 19. Assignment It is understood and agreed that GACC shall not assign, sublet, or transfer any of the rights and duties under the terms of this Agreement without the prior written approval of the CDC. Section 20. Effective Date This Agreement shall be effective upon the date first stated herein, and performance of such Agreement shall begin as soon thereafter as practicable. IN WITNESS WHEREOF, CDC and GACC have executed this Agreement. By:� Kevin Hall J Houcek Greater Anna Chamber of Commerce C C President Ive AGREEMENT FOR SPONSORSHIP COMMITMENT 2017 PAGE 8 OF 8 AGENDAITEM: Item No. 5.e. City Council Agenda Staff Report Meeting Date: 1 /24/2017 Resolution approving a re -plat of Advantage Self -Storage Addition, Lot 3, Block A. (Maurice Schwanke) 6*11hV1 hT 1_ VA Anna Weston Holdings, L.L.C., has submitted an application for approval of the re -plat of Lot 3, Block A, Advantage Self Storage Addition. The re -plat proposes to divide Lot 3 into two lots. The eastern lot will be the new location of Anna Dental. STAFF RECOMMENDATION: Staff recommends approval of this re -plat. ATTACHMENTS: Description Advantage Self Storage re -plat Resolution Advantage Self Storage re -plat Location Map Upload Date Type 1 /18/2017 Resolution 1 /6/2017 Exhibit 1 /6/2017 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A RE -PLAT OF LOT 3R, BLOCK A, ADVANTAGE SELF STORAGE ADDITION. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Anna Weston Holdings, L.L.C., have submitted an application for approval of the re -plat of Lot 3R, Block A, Advantage Self Storage Addition; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Re -Plat The City Council hereby approves the re -plat of Lot 3R, Block A, Advantage Self Storage attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 24t", day of January, 2017. ATTEST: APPROVED: Carrie Smith, City Secretary Mayor, Mike Crist 0 w 0 0 Q N bi w Z Z 0 m 0 z 0 m N X 0 Z 0 F- U Z Z 0 U Z 0 U 0 0 W 0 w w Z Z Ld W W Z CD > V) U 0 w Z LJ s I 0 0 0 LJ W 0 r w d 0 a U W a U W 0 ii J J Q > 0 0 0 Z Q U W O 0 0 W V) Z a 0 J J D_ o 0 0 QW ZW J Z W W (Ifw D_ w I0 I� Z w I F �> �UJ W ow 39:N o� i0 aaf Z J Z J I ui O J O 0 Z __Jct J w w Z Q5 U7 O w o�, �W i 0 or,U) � r2 LJ L J N O M o I I Z O J p O x N J p ?moo �m3: Q0w 32�� Quo 15' UTILITY & DRAINAGE EASEMENT (VOL. 2009, PG. 429) LOCK A nv v.a,, i niaE SELF STORAGE ADDITION (VOL. 2009, PG. 429) 1 I I I III OWNER'S CERTIFICATE STA TE OF TEXAS COUNTY OF COLLIN I �I ao I F.M. HIGHWAY NO. 455 (VARIABLE WIDTH R.O.W.) POINT OF "PK" NAIL BEGINNING FOUND (BEARING BASIS) _ S 89048'18" E _ 67.62' SIR S 89048'18" E___ __ __ __ 402.14' 30' UTILITY & 15' DRAINAGE ESMT. 0 20' LANDSCAPE, DRAINAGE EASEMENT o 200I PG. 429 (VOL. 2010, PG. 309) o N 00°11'42" E DRAINAGE & (VOL. ) N UTILITY EASEMENT 7 - S 89048'18" E 145.09' 52.00 (V0_09, PG. 429)IrA- - -T_ 25_ BLDC. SE SACK_ - 20' DRAINAGE & I 5' WATER - WATER EASEMENT- S 89048'18" E- [1ASEMENT 189.58' - N 89048'18" W 145.02 o 15' UTILITY EASEMENT Ir o (VOL. 2009, PG. 429) % N 24' FIRE LANE, MUTUAL ACCESS, DRAINAGE & ° UTILITY EASEMENT N 89048'18" 18 W -- L=1.08' 5.14' (VOL. 2009, PG. 429) / S 89°48'18" E 108.22'T /r -� S 89°48'18" E 179.90' 100 0-0 10' WATER 1 L210' WATER EASEMENT EASEMENT 1s WATER ESMT. 0=89048'18" 0=90011'42" (VOL. 2010, PG. 309) R=30.00� I-1200,.12.00' R=30.00' L=47.02 L=47.23 T=29.90' T=30.10' LOT 1 R, BLOCK A CB=S 44054'09" E I = I CB=N 45005'51" E ADVANTAGE SELF I CD=42.35' CD=42.50' - STORAGE ADDITION I I 0I ° (VOL. 2010, PG. 309) .. , • z , ..U'i N LtJ 1 M ADVANTAGE SELF o STORAGE ADDITION o 24' FIRE LANE, Z MUTUAL ACCESS, 0 z LOT 4, BLOCK A DRAINAGE & UTILITY W LOT 3R, BLOCK A EASEMENT j I I ? 1.0881 ACRES (VOL. zoos, PG. 429) I 0.6406 ACRES o 0 47,399 SF 27,904 SF 24' FIRE LANE, MUTUAL, DRAINAGE & UTILITY EASEMENT PRIVATE ACCESS ESMT. (VOL. 21 PG. 309) 117.00' 150.12' 252.24' REMAINDER OF COMMON AREA NO. 3 (CAB. P, PG. 252) 10' WATER ° ' 04 EASEMENT U-) a LOT 12 °I-° 00 w - 1 1 -I cD I of J m U) 5/8-INCH IRON ROD �I W/ "CARTER BURGESS" CAP FOUND 10' UTILITY EASEMENT BLOCK T (VOL. 2009, PG. 429) OAK HOLLOW ESTATES PHASE 3 (CAB. P, PG. 252) W R O ` � of OI DUE WEST 24' FIRE LANE, MUTUAL 402.36' "+" CUT IN FIR ACCESS, DRAINAGE & CONC. FOUN� (C.M.) UTILITY EASEMENT (VOL. 2009, PG. 429) 24' FIRE LANE, MUTUAL ACCESS, DRAINAGE & UTILITY EASEMENT (VOL. 2009, PG. 429) `WATER EASEMENT (VOL. 2009, PG. 429) LOT 2, BLOCK A ADVANTAGE SELF STORAGE ADDITION (VOL. 2009, PG. 429) WHEREAS, Anna Weston Holdings, L.L.C. is the owner of a 1.7287 acre tract of land situated in the Thomas Rattan Survey, Abstract No. 782, Collin County, Texas, said tract being all of Lot 3, Block A, Advantage Self Storage Addition, Lots 1R & 3, Block A, an addition to the City of Anna, Texas according to the plat recorded in Volume 2010, Page 309 of the Plat Records of Collin County, Texas; said tract also being part of that certain tract of land described in Special Warranty Deed With Vendor's Lien to Anna Weston Holdings, L.L.C. recorded in County Clerks File No. 20140718000753300 of the Deed Records of Collin County, Texas, said 1.7287 acre tract being more particularly described as follows. BEGINNING, at a 1/2-inch iron rod with "Pogue Eng & Dev" cap set in the south right-of-way line of F.M. Highway No. 455 (a variable width right-of-way); said point being the northwest corner of said Lot 3, Block A and the northeast corner of said Lot 1R, Block A; THENCE, South 89 degrees, 48 minutes, 18 seconds East, along the said south line of F.M. Highway No. 455 and the north line of said Lot 3, Block A, a distance of 402.14 feet to a 5/8-inch iron rod with "Pogue Eng & Dev" cap found at the northeast corner of said Lot 3, Block A; said point also being an angle point in the said south line of F.M. Highway No. 455, the southwest corner of Common Area No. 3 as shown on the plat of Oak Hollow Estates, Phase 3, an addition to the City of Anna, Texas according to the plat recorded in Cabinet P, Page 252 of the said Plat Records and the northwest corner of Lot 12, Block T of said Oak Hollow Estates, Phase 3; THENCE, South 00 degrees, 04 minutes, 03 seconds East, departing the said south line of F.M. Highway No. 455 and said north line of Lot 3, Block A and along the east line of said Lot 3, Block A and the west line of said Block T, Oak Hollow Estates, Phase 3, a distance of 186.52 feet to a 5/8-inch iron rod with "Pogue Eng & Dev" cap found at the southeast corner of said Lot 3, Block A; Said point also being the northeast corner of Lot 2, Block A, Advantage Self Storage Addition, an addition to the City of Anna, Texas according to the plat recorded in Volume 2009, Page 429 of the said Plat Records, THENCE, Due West, departing the said east line of Lot 3, Block A and said west line of Block T, Oak Hollow Estates, Phase 3 and along the south line of said Lot 3, Block A and the north line of said Lot 2, Block A, a distance of 402.36 feet to a 5/8-inch iron rod with "Pogue Eng & Dev" cap found at the southwest corner of said Lot 3, Block A; said point also being the southeast corner of said Lot 1R, Block A; THENCE, Due North, departing the said south line of Lot 3, Block A and the said north line of Lot 2, Block A and along the west line of said Lot 3, Block A and the east line of said Lot 1R, Block A, a distance of 187.89 feet to the POINT OF BEGINNING; CONTAINING, 75,303 square feet or 1.7287 acres of land, more or less. WATER EASEMENT (VOL. 2009. PG. 429) I 24' FIRE LANE, MUTUAL ACCESS, DRAINAGE & UTILITY EASEMENT (VOL. 2009, PG. 429) SURVEYOR'S CERTIFICATE �10' WATER / EASEMENT MD 15' UTILITY EASEMENT (VOL. 2009, PG. 429) That I, Roman L. Groysman, do hereby certify that I prepared this plat from and actual survey of the land and that the corner monuments shown hereon were properly placed under my personal supervision in accordance with the Platting Rules and Regulations of the City of Anna, Collin County, Texas. PRELIMINARY ••OF• TF RELEASED 02/19/16 FOR REVIEW PURPOSES ONLY. THIS `P,.•�\3TER••:;9 DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE. �;: �� Fo •;s Roman L. Groysman, Registered Professional Land Surveyor No. 5864 COUNTY OF COLLIN ....................... ROMAN L. GROYSMAN 5864 �.•' S S v yo 9• F ' SUR BEFORE ME, the undersigned authority in and for the State of Texas, on this day personally appeared Roman L. Groysman, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the some for the purposes and consideration therein expressed and in the capacity therein stated. WITNESS MY HAND at ------- Texas, this _______ day of ------- 2016. Notary Public in and for the State of Texas. NOTES: 1. BEARING SYSTEM FOR THIS SURVEY IS BASED ON A BEARING OF SOUTH 89 DEGREES, 48 MINUTES, 18 SECONDS EAST FOR THE SOUTH RIGHT-OF-WAY LINE OF F.M. HIGHWAY NO. 455 ACCORDING TO THE PLAT OF ADVANTAGE SELF STORAGE ADDITION, LOTS 1 AND 2, BLOCK A, OAK HOLLOW ESTATES, AN ADDITION TO THE CITY OF ANNA, TEXAS RECORDED IN VOLUME 2009, PAGE 429 OF THE PLAT RECORDS OF COLLIN COUNTY, TEXAS. 2. (C.M.) - CONTROLLING MONUMENT. 3. SIR - 5/8-INCH IRON ROD WITH "POGUE ENG & DEV" CAP SET. 4. FIR - 5/8-INCH IRON ROD WITH "POGUE ENG & DEV" CAP FOUND. 0 N I I I LOT 13 LOT 14 LOT 15 THE PURPOSE OF THIS REPEAT IS TO DEDICATE EASEMENTS NECESSARY FOR DEVELOPMENT OF LOT 3R. i ICI 0 W _Q w Q W J U 0 Q U W F.M. 455 w PIN OAK z 0 x SITE 3 T_ o J J Z r 75 MAPSCO 21-L LINE TABLE LINE BEARING LENGTH L1 S 00011'42" W 9.98' L2 S 89048'18" E 10.00' L3 N 00011'42" E 7.88' L4 S 00011'42" W 8.10' L5 S 89048'18" E 10.00' L6 N 00011'42" E 9.99' L7 S 00011'42" W 10.00' L8 N 89048'18" W 20.03' L9 N 00000'00" W 25.00' L10 S 89048'18" E 10.00' L11 S 00000'00" E 15.00' L12 S 89048'18" E 10.06' STATE OF TEXAS COUNTY OF COLLIN NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: VICIN/T Y MAP NOT TO SCALE N 0 15 30 60 90 GRAPHIC SCALE IN FEET SCALE: 1 " = 30' THAT, We, Anna Weston Holdings, L.L.C., do hereby adopt this plat designating the herein above described property as the ADVANTAGE SELF STORAGE ADDITION, LOTS 3R & 4, BLOCK A, an addition to the City of Anna, Collin County, Texas, and do hereby dedicate to the public use forever, their streets, alleys and public use areas shown hereon, the easements, as shown, for mutual use and accommodation of the City of Anna and all public utilities desiring to use or using same. All and any public utility and the City of Anna shall have the right to remove and keep removed all or parts of any building, fences, shrubs, trees or other improvements or growths, which in anyway, endanger interfere with the construction, maintenance or efficiency of it's respective systems on said Easements, and the City of Anna and all public utilities constructing, reconstructing, inspecting, patrolling, maintaining and adding to or removing all or parts of it's respective systems, without the necessity, at anytime, of procuring the permission of anyone. This plat approved subject to all platting ordinance, rules, regulations and resolutions of the City of Anna, Texas. WITNESS MY HAND at __________ County, Texas, this _____ day of __________- 2016. Anna Weston Holdings, L.L.C. By: Jeffrey Ludlow STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority in and for the State of Texas, on this day personally appeared Jeffrey Ludlow, of Anna Weston Holdings, L.L.C., authorized to do business in the State of Texas. WITNESS MY HAND at County, Texas, this _____ day of Notary Public in and for the State of Texas 2016. REPLAT ADVANTAGE SELF STORAGE ADDITION LOTS 311 & 4, BLOCK A 1.7287 ACRE TRACT BEING A REPLAT OF LOT 3, BLOCK A, ADVANTAGE SELF STORAGE ADDITION AN ADDITION TO THE CITY OF ANNA, TEXAS (VOLUME 2010, PAGE 309, P.R.C.C.T.) AND BEING OUT OF THE THOMAS RATTAN SURVEY, ABSTRACT No. 782 CITY OF ANNA, COLLIN COUNTY, TEXAS DWG NO: 1367-14-017-PRELIMIN ARY PLAT.DWG AGENDAITEM: Item No. 5.f. City Council Agenda Staff Report Meeting Date: 1 /24/2017 Resolution approving a Site Plan and Landscape Plan forAnna Dental. (Maurice Schwnake) SUMMARY: Anna Dental has submitted a Site Plan and a Landscape Plan for a new office building to be constructed to the east of Advantage Self Storage. The site plan shows two proposed buildings. The eastern building will be the future location of Anna Dental. A landscape plan for the new Anna Dental building is also part of this application. The Site Plan and the Landscape Plan have been reviewed by the City staff and have been found to be in compliance with City Regulations. STAFF RECOMMENDATION: The staff is recommending approval of the site plan and landscape plan. ATTACHMENTS: Description Resolution Exhibit 1, Anna Dental Site Plan Exhibit 2, Anna Dental Landscape Plan Location Map Upload Date Type 1 /19/2017 Resolution 1 /6/2017 Exhibit 1 /6/2017 Exhibit 1 /6/2017 Backup Material CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SITE PLAN AND LANDSCAPE PLAN OF ANNA DENTAL. WHEREAS, in order to provide for the orderly development of land within the Anna city limits, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A (Subdivision Regulations) and Part III-C (Zoning Ordinance) of the Anna City Code of Ordinances; and WHEREAS, Dr. Jeff Ludlow, DDS, has submitted an application for approval of a site plan and landscape plan of Anna Dental; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Site and Landscape Plan The City Council hereby approves the site plan and landscape plan of Anna Dental attached hereto as Exhibit 1 and Exhibit 2 respectively. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 24t", day of January, 2017. ATTEST: APPROVED: Carrie L. Smith, City Secretary Mayor, Mike Crist 0 r U 0 a J a 0 o: z a 0 c.> 0 0 EL EL 0 Ll v7 0 z a �o oz . z zW IL z LU z J w z z z O J V r w J z O v� U-) w z 0 Lj U' z w w z O w I d MOf w C9 0 3� 0 < z 0 N 0 0 z J w w A � 1 w 0r� �oCD 0r(n 7.5' UTILITY ESMT. / (CAB. 0,, PG. 615) i / 10' UTILITY ESMT. x I I �`— --_ (CAB. 0, PG. 32) ®ICV ®lCV — — TELE MARKER TELE •�� MARKER -- -- --PP W W EM EQUIPMENT ESECT. CONCRETE �x VAULT PAVEMENT I G'kS l 15' UTILITY & DDR�AAGGE (VOL 2009, PG. 429) LINE TABLE LINE BEARING LENGTH Lt N OOOOV00' E 135.38' L2 N 89048'18" W 5.14' L3 N 00011'42' E 52.00' CAU11ON111 UNDERGROUND UTILITIES ARE LOCATED IN THIS AREA. 48 HOURS PRIOR TO ANY CONSTRUCTION ACTIVITIES, CONTACT UNE LOCATES FOR FRANCHISE UTILITY INFO. CALL BEFORE YOU DIG: Kl� ' TEXAS EXCAVATION SAFETY SYSTEM (TESS) 1-800-344-8377 TEXAS ONE CALL SYSTEMS 1-800-245-4545 BEFORE LONE STAR NOTIFICATION CENTER YOU DIG... 1-800-669-8344 EXT. 5 \ rn w O 0) a 0n 0 O uJM � Lj = m O a j o NO. DA TE DESIGN AWS 'R" ISIF" U La .' EXISTING 0 wIl! BUILDING y a m �.. k .. I 20' UTILITY ESMT. (CAB. 0, PG. 615) SS MH Pp W/cur OHL hLE OHL— -- 3 1/2-INCH BRASS — ' OHL - - DISK FOUND OHL -- � TV oa —'�' -- PIP CONCRETE PAVEMENT 450' F.M. 25.0' 745' TO OAK HOLLOW LANE z \\ F. T• DAFFAU SURVEYS ABST NO. 288 (VARIABLE WIDTH R.O.W.) \ THOMAS RATTAN SURVEY, ABST• NO. 782 lWV u....r.. — — Q1.86. u .. 12" WATER . r .. \...u.. S 890488'18' E .62' SIR u......� -- ' U11LITY & IcvoWM 40214 DRAINAGE EASEMENT z ` Hcv ICv 15' DRAINAGE ESMT. (VOL. 2009, PG. 429) �o� Tpp RANS. (VOL. 2010, PG. 309) x SIGN IN w 24 S IOF2 va L M N: 15' WATER ESMT. (VOL 2010, PG. 309) LOT 1 R, BLOCK A ADVANTAGE SELF" STORAGE ADDITION 3 (VOL. 2010, PG. 309) l U R , F�tl4. TNiG //,r EKILDMiO ,> 24' FIRE LANE, MUTUAL ACCESS, DRAINAGE do UTIUTY EASEMENT (VOL 2OD9. PG. 429) PRIVATE ACCESS ESMT. (VOL 2010, PG. 309) NG STONE. 117.00' RETAINING WALL. v ��v (C.M. 4+1.5` •- �I 111<115P1 ® 9.011 _ 1 -X1( ATEf DBL C.O. INSTALL STANDARD TxDOT DRIVE APPROACH' o RELOCATE EXISTING MOCO ETE TELEPHONE RISER. NT COORDINATE WITH .-RANCHISE UTILITY REMAINDER OF ON AR RELOCA M ANC 25 R ` , ..._. ��.. ,. �,.....�._�...�_ -- 12" WATER _ ...n _ 1 M�.), C7TELE .n a..a �..�� a ��. y�,v 402. 4 YR30.0' V ❑ 6' WOOD FENCE PROPOSED 4" LANDSC PE20' LANDSCAPE, r PROP. BRICK 1n ► . ARE DRAINAGE & ', FH COLUMN WHITE STRI E N 00011 42 E UTILITY EASEMENT INSTALL BARRIER (') 52.00' (VO 2009, PG. 429) FREE RAMP L.A -IBM I R -I— ELEV-713.01 a� . R2/ 9. � 1('x {f � , 9.0 307.0 WATER ' II EXISTING ad RET AINING G 30 WALL A �.. . / FIRE ;L UTUA 3 1 / `� ss , ' ' ` � GEC �..' s / LOT 12 ( I r PRO R29; � �/ R 69 5/ c .SI1.' 9 Q INSTALL BARRIER w a� un FH wM R0' ' % R30y p w�ire ATER= \ 4 SP ICES �� FREE RAMP _... N�.. 10 w `� OM.) F C F C RR. ®9. ' S .5'. 9.0 �36 o z R29.5 R30 0,_ L.A. 00 1 6' la IC. — _._. .OL 5/8-INCH IRON ROD L. ' p ' FUTURE A N BUILDING B 0''0 ol 1—STORY BLDG. V P� 6,300 SF _.� o.... ¢ ¢ a LOT 3R, BLOCK A V 0.6406 ACRES 27,904 SF d LK Rl __ L.A. 'C" DUE WEST EXISTING CONNECT TO . Rtlim r., a EXISTING DRIVE EXISTING BUILDING WATER EASEMENT EXISTING LOT 2, BLOCK A \' w F (VOL Zoos. PG 429) BUILDING ADVANTAGE SELF STORAGE ADDITION (VOL. 2009, PG. 429) BENCH MARK LIST., BENCHMARK #1 " ❑ ' CUT ON BASE OF RETAINING WALL 16't SOUTH FROM THE NORTHEAST CORNER OF SITE. ELEVATION = 713.01 BENCHMARK #2 '+' CUT ON CENTER OF A CURB INLET LOCATED NEAR THE NORTHWEST CORNER OF SITE. ELEVATION = 701.86 PROJECT INFORMATION ANNA DENTAL BLOCK A, LOT 3, ADVANTAGE SELF STORAGE ADDITION CITY OF ANNA, TEXAS REWS/ON / DESCRIPIRON THOMAS RATTAN SURVEY, ABSTRACT NO. 782 DRAWN DATE W NUMBER PROPOSED USE: OFFICE/MEDICAL OFFICE MLM 12-14-16 1367-14-017 ZONING: PD 367-2008 WATER EASE (VOL 2009, PG. FRANCHISE UTILITY NOTES: 1. ONCOR UTILITY COMPANY - (903) 868-8242 - MS. DONNA COLLUM 2. ATMOS ENERGY - (972) 486-6255 - MR. HOWARD LEWIS 3. AT&T TELEPHONE - (972) 569-3010 - MR. KEITH HELM 4. SUDDENLINK CABLE - (469) 576-2153 - MR. RICHARD JASKULA 5. CITY OF ANNA - (972) 924-4510 - MR. JOSEPH JOHNSON DEVELOPER DR. JEFF LUDLOW, DDS c/o MR. FRED SUTTON FRED R. SUTTON REAL ESTATE SERVICES, LLC 1512 DANUBE LANE PLANO, TEXAS 75075 (972) 423-2758 W 81.3' CARTER BURGES.. s � - CAP FOUND 1 ADA ROUTE n 10' 10TILITY EASEMEN4' BLOCK T INSTALL BARRIER I (VOL. 2009, PG. 429 0 FREE RAMP I "" OAK HOLLOW ESTATES INSTALL CONCRETE 0 v I I PHASE 3 . WHEEL STOP ..w� _ �'" { _ a (CAB. P, PG. 252) g 0 ; INSTALL BARRIER PROPOSED ® ° ...�,.. I FREE RAMP BUILDING A f ® T " ' I 1—STORY .. r... .._. N_ ._.__...... w I PROPOSED 6" Q I 132.3' 9, 770 SF 00 13 CONCRETE CURB < I 1 .5' 24.0' 18 LOT 4, BLOCK A (TYPICAL) 1.0881 ACRES _ R1.5' 18.5' 47,399 SF I 1. ' z " ."-�(iPf1�0'°'5`�"CaI�tCRE�SIDE`VarfctMf� � � . L.A. ti L.A. _4.3' FIR PROPOSED 6" 402.36' 24' FIRE LANE, MUTUALPROPO UMPSTER AREA. CONCRETE CURB ACCESS, DRAINAGE & SCREENING (7 MASONRY) I ❑ (TYPICAL) UTILITY EASEMENT TO COMPLY WITH EXISTING GATE V KNOX (VOL. 2009, PG. 429) _ CITY REQUIREMENTS. LOCK TO REMAIN Ex. 8" WATER WV 8" WATER EXISTING WV r —6' CHAIN LINK FENCE — EXISTING I15' UTILITY EASEMENT / FHA' ` (VOL. 2009, PG. 429) / WATER EASEMENT (VOL 2009, M. 429) I I to N 24' FIRE LANE, MUTUAL ACCESS, DRAINAGE & UTILITY EASEMENT (VOL. 2009, PG. 429) THE SEAL APPEARING ON THIS DOGtMENT WAS AUT iORLM12 15Y ARLYN W. SAIVILM- ON, PE 95877 ON r1-14-21V . ALTERATfON OF A SEALED DOGtMW WITHOUT PROPER NOi11=l(,ATI0N TO THE RE6P0N6IIX.E ENGINEER 15 AN OFT:NSE LkVER THE TEXAS ETJGNEERNO PRA 1TIGE AST. 00, ,**� —/Z -14- jl I LOT 13 LOT 14 LOT 15 LOT 16 I5/8-INCH IRON ROD W/ "CARTER BURGESS" CAP FOUND ENGINEERING &; DEVELOPMENT COMPANY, INC. a of Westwood div 1512 BRAY CENTRAL DRIVE I01 (214) 437-4640 PHONE SUITE 100 (888) 937-5150 TOLL FREE McKINNEY, TEXAS 75069 WWW.WESTWOODPS.COM TX BOARD PROF. ENGINEERS, CERT. #11756; TX BOARD PROF. LAND SURVEYING, CERT. 1007430 w 2 N W Ix O NJ F.M. 455 w PIN OAK U z O SITE a 0 0 z 75 �� MAPSCO 21-L mcmlTY MAP NOT TO SCALE 0 15 30 60 90 GRAPHICSCALE IN FEET SCALE: 1" = 30' L_E G E IV C10 B. BOLLARD EM0 ELECTRIC METER PP. POWER POLE LS LIGHT STANDARD WM o WATER METER WV® WATER VALVE ICv® IRRIGATION CONTROL VALVE FH .¢ FIRE HYDRANT FDICElFIRE DEPARTMENT CONNECTION Co. CLEAN OUT MHO MANHOLE GM® GAS METER TSC� TRAFFIC SIGNAL CONTROL TSP. TRAFFIC SIGNAL POLE SIGH TRAFFIC SIGN TELEX TELEPHONE BOX N❑ TV BOX FP. FLAG POLE L.A. LANDSCAPE AREA PROPERTY LINE oHL O.H. POWER LINES _ U/t TELE -- U/G TELEPHONE LINES �,,,,.,�va U/G WATER LINE _.......,..._........_.._.. ; ........._._.... U/G GAS LINE —x x— FENCE (C.M.) CONTROLLING MONUMENT SIR 5/8-INCH IRON ROD WITH "POGUE ENG & DEV" CAP SET FIRE LANE PARKING TABULATION: LOT 3R PARKING TABULATION: LOT 4 PARKING RATIO: PARKING RATIO: MEDICAL OFFICE: 5 SPACES / 1000 SF MEDICAL OFFICE: 5 SPACES / 1000 SF PROPOSED BUILDING: PROPOSED BUILDING: MEDICAL OFFICE: 6,300 SF MEDICAL OFFICE: 9,770 SF REQUIRED PARKING: REQUIRED PARKING: 6,300 SF / 200 SF = 32 9,770 SF / 200 SF = 49 TOTAL REQUIRED PARKING = 32 TOTAL REQUIRED PARKING = 49 PARKING PROVIDED: PARKING PROVIDED: 32 REGULAR PARKING SPACES HANDICAPPED 58 REGULAR PARKING SPACES PARKING SPACES 02 PARKING SPACES 34 TOTAL PARKING SPACES PROVIDED 03 HANDICAPPED 61 TOTAL PARKING SPACES PROVIDED ALL DIMENSIONS ARE FROM BACK OF CURB TO BACK OF CURB, UNLESS OTHERWISE NOTED. ADA ROUTE NOTE: MAXIMUM SLOPE FOR ALL ADA PATHS 57o; MAX. CROSS FALL IS 27o; FOR THE FIRST FIVE FOOT FROM THE DOOR A 2% SLOPE (MAX.) MUST BE MAINTAINED 1.4 94 E-4 z w A SITE PLAN SHEET N0. ANNA DENTAL BLOCK A, LOTS 3R & 49 C1.02 ADVANTAGE SELF STORAGE ADDITION CITY OF ANNA, TEXAS DWG NO: 1367-14-017-DIMENSIONAL CONTROL PLAN.DWG 6 z W J w = L Li Z ti f > FT. . DAFFAU SURVEY, ABST. NO. 288 � roz , N w m THOMAS RATTAN SURVEY, ABST. NO. 782 W W-- U :ONCRETE P AVEMENT J 0 0 _ 0 0 3 I - �- 3 I m - u Z IPF W/GUY mu ,_ /G 1 F.M. HIGHWAY NO. 455 (VARIABLE WIDTH R.O.W.) TELE 10� H BM 2 /or A ni►ir. r+ 3 I I VuLnr\ilVV BOASIJJ z WV ELEV=7O1. c36 J 12" WATER n f - ;0 - c vY CR i� S 89°48'18" E °' 0 OW - `FG 10 G w 0 N �O J ICV OWM ILITY & I N/ EASEMENT - otin IC PG. Icv R �C70 - - i PG. 429) ro TRANS 10�� / PCo-- 70' 70 U 011'42" F cn u w SIGN INLECn T H� -��- - w M � LLI Ln t� '" 01 _ _ Ir JNCRETE CONCRETE PAVEMENT \ CONCRETE PAVEMENT AT&T -- ` nMH 9 v_ WV L0 12' ER LL �7- r. C RJR W / I�TELE � N , 402, 14• � WV 6' WOOD FENCE 7 PtRAINAGE & PROP. WV BRICK CO UTILITY EPSF=t`AENT H % I I / - - - FH LUMN VOLd 2CO9 PG. 429 I 1 - I --- I - BM 1 I1 I I LEV=713.01 � 0o DBH �° 'WATER � L . -0 N -- -- -- -- - - - -- -- -- - A' NiNG __ u'.,LL n a_A. UTILITY EASEMENT I '/EMENT 1^ry o 4 2009, PG. 429) „ CM o `/ ^0 24' FIRE LANE, MUTUAL ��� I zo . `)IS o �, n %•<. ACCESS, [DRAINAGE & "' ;S / o » m SS gg qg 18 W UTILITY EASEMENT M 5.14' (VOL. 2009, PG. _9) _ _ 10 /,,, cv, �`'' `� .�' l\I It I- o REN///iiaiii' TELE 1�03 ATERr-� (OM. ^ I (DG 7°WM 1 W:AAT I o CM SMT. D 41 ~ SMT. Uo PG.309) z �_ 70R ()ate o - 710 7 LOT 1 R, BLOCK A - �- ADVANTAGE SELF Y 2 STORAGE ADDITION 3 ¢' I 0'" 0 (VOL. 2010, PG. 309) W FUTURE z y o I f ;., Of EXISTING 1-STORY o �1-STORY BLDG. Z I 6,390 -SF W o M W Y w LITY % I Z 42s) l l ! OT 3R, 3LCCK A W W �,° w w \ \ 1,0.6406 ACRES � \ \ X�` 27,904 SF co >_ > ESMT. 309) >>.- 705 0 706 EXISTING STONE, _ 08 �\ 710 71� w 117.00, 707 KE I AiNiNu WALL c�------709 IVICV7io GATE -------------- -------- DUE WEST-- EXISnNG F - BUILDING o EX. 8" WATER B N o Y- GRATE CONCRITE 24' FIRE LANE, MUTUAL WO. N INLET PAVEMENT ACCESS, DRAINAGE & GRATE ... -- 3 UTILITY EASEMENT 0NLET 18" STORM w (VOL, 2009 pc 429) =<. �- W ,-" o _ of a SEMENT EXISTING LOT 2, BLOCK A I� I J 9, PG. 429) I W BUILDING ADVANTAGE SELF STORAGE ADDITION (VOL. 2009, PG. 429)Li of i I a U 0 o- o_ J J Q R' W O K O Z Z Q U W CL 0_ V) 0 L_ L_ V) 0 Z a G 0 CD Z Of w w z C7 w �o oz Q Z Q J � D_ w 0 LEI z Q CD U o 00 Z Z Q� J w I z Z Z o W I W r (0 > M w % w C0 of / C=7 Q Of Q Q CAUTION!!! UNDERGROUND UTILITIES ARE LOCATED IN s THIS AREA. 48 HOURS PRIOR TO ANY o ; CONSTRUCTION ACTIVITIES, CONTACT LINE w LOCATES FOR FRANCHISE UTILITY INFO. w CALL BEFORE YOU DIG: Q Z I w TEXAS EXCAVATION SAFETY SYSTEM (TESS) � inZ 1-800-344-8377 M 'r 46TEXAS ONE CALL SYSTEMS o Z 1-800-245-4545 BEFORE w LONE STAR NOTIFICATION CENTER YOU DIG... o lY N 1-800-669-8344 EXT. 5 9 No =N T 29) PROPOSED BUILDING A 1-STORY BLDG. 9,770 SF LOT 4, BLOCK A 1.0881 ACRES 47,399 SF L- 7 3 �.36' 24' FIRE LANE, MUTUAL 2 ACCESS, DRAINAGE & 712 17"f l LIEN T" - Cm CM 713 (VOL. 2009, PG. 429) EX. 8" WATER WV� 8" WATER WV, 15' UTILITY EASEMENT �� (VOL. 2009, PG. 429) I I BENCH MARK LIST, BENCHMARK #1 " ❑ " CUT ON BASE OF RETAINING WALL 16't SOUTH FROM THE NORTHEAST CORNER OF SITE. ELEVATION = 713.01 BENCHMARK #2 11 +" CUT ON CENTER OF A CURB INLET LOCATED NEAR THE NORTHWEST CORNER OF SITE. ELEVATION = 701.86 N ( o \ Ih w jz 0) 0 T �' cn PROJECT INFORMATION i� o a D ANNA DENTAL Ld Cn BLOCK A, LOT 3, ADVANTAGE SELF STORAGE ADDITION Q g N CITY OF ANNA, TEXAS Cn N0. DATE REI/lS/ON / DESCR/PT/ON THOMAS RATTAN SURVEY, ABSTRACT NO. 782 Q ° DESIGN DRAWN DATE W NUMBER PROPOSED USE: OFFICE/MEDICAL OFFICE AWS MLM 12-14-16 1367-14-017 ZONING: PD 367-2008 0 FRANCHISE UTILITY NOTES: 1. ONCOR UTILITY COMPANY - (903) 868-8242 - MS. DONNA COLLUM 2. ATMOS ENERGY - (972) 486-6255 - MR. HOWARD LENS 3. AT&T TELEPHONE - (972) 569-3010 - MR. KEITH HELM 4. SUDDENLINK CABLE - (469) 576-2153 - MR. RICHARD JASKULA 5. CITY OF ANNA - (972) 924-4510 - MR. JOSEPH JOHNSON DEVELOPER DR. JEFF LUDLOW, DDS c/o MR. FRED SUTTON FRED R. SUTTON REAL ESTATE SERVICES, LLC 1512 DANUBE LANE PLANO, TEXAS 75075 (972) 423-2758 LOT 12 OAI LOT 13 LOT 14 0 15 30 60 90 GRAPHIC SCALE IN FEET SCALE: 1 " = 30' LANDSCAPE TABULATIONS SITE LANDSCAPE REQUIREMENTS GENERAL SITE REQUIREMENTS: STREET YARD AREA = 18,096 SF * 15% = 2,714 SF REQUIRED STREET YARD AREA = 8,035 SF PROVIDED REQUIRED LANDSCAPE AREA, SITE AREA = 75,303 SF * 10% = 7,530 SF SITE LANDSCAPE AREA PROVIDED = 20,833 SF STREET FRONTAGE LANDSCAPE REQUIREMENTS ONE LARGE TREE IS REQUIRED FOR EVERY 40 LINEAR FEET OF STREET FRONTAGE. STREET FRONTAGE REQUIREMENTS: 20' WIDE LANDSCAPE STRIP (1) TREE 3" CALIPER FOR EVERY 40 LF OF LANDSCAPE STRIP (402.14 L.F.) OF FRONTAGE, REQUIRES (10) TREES, 3" CAL. (10) TREES, 3" CAL. PROVIDED INTERNAL LOT REQUIREMENTS SITE PARKING REQUIREMENTS: 97 PARKING SPACES PROVIDED 8 SF REQUIRED PER PARKING SPACE 97 SPACES * 8 = 776 SF REQUIRED, 3,873 SF PROVIDED (1) TREE 3" CALIPER PER 10 PARKING SPACES = (10) TREES PROVIDED = (13) TREES SCREENING FRONTAGE REQUIREMENTS: 306 LF OF PARKING FRONTAGE * 75% = 230 LF 306 LF OF SCREENING PROVIDED ALONG THE FRONTAGE LANDSCAPE NOTES HYDROMULCH NOTES 1. Contractor shall verify all existing and proposed site elements and All lawn areas to be Hydromulch Bermuda grass, unless noted otherwise notify Architect/Engineer of any discrepancies. Survey data of existing on drawings. conditions was supplied by others. Contractor shall scarify, rip, and loosen all areas to be hydromulched to 2. Contractor shall locate all existing underground utilities and notify a minimum depth of 4" prior to topsoil and hydromulch installation. Architect/Engineer of any conflicts. Contractor shall exercise caution when Bermuda grass seed shall be extra hulled and treated lawn type and working in the vicinity of underground utilities. shall be delivered to the site in its original unopened container, and 3. Contractor is responsible for obtaining all required landscape and shall meet Texas State Law requirements. irrigation permits. Fiber: Shall be one hundred percent (1007.) Wood Cellulose Fiber, delivered 4. Contractor to provide a minimum 2% slope away from all structures. to the site in its original unopened container. 'Conweb' or equal. 5. All planting beds and lawn areas to be separated by steel edging. Fiber Tack: Shall be delivered to the site in its original unopened container, and shall be 'Terro-Tack one', as manufactured by No steel to be installed adjacent to sidewalks or curbs. Growers, Inc., or equal. 6. All landscape areas to be 100% irrigated with an underground Hydromulch with Bermuda grass seed at a rate of two (2) pound automatic irrigation system. per one thousand (1000) square foot. 7. All lawn areas to be Hydromulch Bermuda grass, unless otherwise noted on the drawings. Use a 4' x 8' batter board against all bed areas. If installation occurs between September 1 and April 1, all hydromulch MAINTENANCE NOTES areas to be Winter Rye grass, at a rate of four (4) pounds per one thousand 1000 square feet. Contractor shall be required to re-hydromulch ( ) q q Yd 1. The Owner, tenant and their agent, if any, shall be jointly and with Bermuda grass the following growing season. severally responsible for the maintenance of all landscape. All lawn areas to be hydromulched, shall have one hundred percent (100�) 2. All landscape shall be maintained in a neat and orderly manner at coverage prior to final acceptance. all times. This shall include mowing, edging, pruning, fertilizing, watering, weeding and other such activities common to landscape Contractor shall maintain all lawn areas until final acceptance. This maintenance. shall include but not be limited to: mowing, watering, weeding, cultivating, cleaning, and replacing dead or bare areas to keep 3. All landscape areas shall be kept free of trash, litter, weeds and plants in a vigorous, healthy condition. other such material or plants not part of this plan. Contractor shall guarantee establishment of an acceptable turf area 4. All plant material shall be maintained in a healthy and growing and shall provide replacement from local supply as necessary. condition as is appropriate for the season of the year. 5. All plant material which dies shall be replaced with plant material of equal or better value. 6. Contractor shall provide separate bid proposal for one year's maintenance to begin after final acceptance. PLANT LEGEND QUANTITY PLANT TYPE SYMBOL PLANT TYPE CM CREPE MYRTLE LO LIVE OAK ERC EASTERN RED CEDAR HYD WINTER RYE GRASS IL- Il- G Il- ff---ll B. BOLLARD EM0 ELECTRIC METER PP • POWER POLE LS� LIGHT STANDARD WMo WATER METER WV® WATER VALVE Icv® IRRIGATION CONTROL VALVE FH.(�. FIRE HYDRANT FDCG FIRE DEPARTMENT CONNECTION Co. CLEAN OUT MHO MANHOLE GM® GAS METER TSC❑ TRAFFIC SIGNAL CONTROL TSP. TRAFFIC SIGNAL POLE slcN TRAFFIC SIGN TELE❑ TELEPHONE BOX TV TV BOX FP 0 FLAG POLE PROPERTY LINE �--- OHL O.H. POWER LINES - U/G TELEPHONE LINES WATER U/G WATER LINE GAS- U/G GAS LINE -X X FENCE 500 EXISTING CONTOURS 77 PROPOSED CONTOURS PLANTS LIST - THIS IS A COMPLETE LIST OF USABLE PLANTS, NOT ALL PLANTS ARE USED ON THIS SITE. TREES QTY. BOTANICAL NAME COMMON NAME EVERGREEN SIZE REMARKS REFERENCE DETAIL SMALL TREES - (HEIGHT = 15-25 FT, WIDTH = 10-15 FT) 13 LAGERSTROEMIA INDICA CREPE MYRTLE 15 GAL CONT., 3 TRUNK MIN., 6-8' HT 01/1-1.02 LARGE TREES - (HEIGHT = 70-80 FT, WIDTH = 50-70 FT) 10 QUERCUS VIRGINIANA LIVE OAK E 3" CAL B&B, 15' HT., 5' SPREAD MIN. 01/1-1.02 4 JUNIPERUS VIRGINIANA EASTERN RED CEDAR E 3" CAL B&B, 15' HT., 5' SPREAD MIN. 01/1-1.02 NOTE: ALL TREES TO HAVE STRAIGHT TRUNKS AND MATCHING WITHIN VARIETIES; CALIPER MEASUREMENT TO BE TAKEN 24" ABOVE GROUND. SHRUBS EDGES QTY. BOTANICAL NAME COMMON NAME SIZE REMARKS REFERENCE DETAIL 102 ILEX CORNUTA, BURFORDII DWARF BUFORD HOLLY 5 GAL. CONT. FULL 24" SPREAD, 36" O.C. 02-04/1-1.02 83 ILEX X 'NELLIE R. STEVENS' NELLIE R. STEVENS, HOLLY 7 GAL. CONT. FULL 24" SPREAD, 36" O.C. 02-04/1-1.02 GROUND COVER/PERENNIALS/SEASONAL COLORS/GRASS QTY. BOTANICAL NAME COMMON NAME SIZE REMARKS REFERENCE DETAIL GRASS - CYNODON DACTYLON COMMON BERMUDA GRASS HYDROMULCH 2 POUNDS PER 1000 SQUARE FEET REFER TO NOTES - BERMUDA GRASS SPECIES, 419 TIF BERMUDA GRASS SPECIES, 419 TIF SOLID SOD SOLID SOD REFER TO NOTES - WINTER RYE GRASS WINTER RYE GRASS HYDROMULCH 4 POUNDS PER 1000 SQUARE FEET REFER TO NOTES NOTE: PLANTS LIST IS AN AID TO BIDDERS ONLY. CONTRACTOR SHALL VERIFY ALL QUANTITIES ON PLAN. ALL HEIGHTS AND SPREADS ARE MINIMUMS. ALL PLANT MATERIAL SHALL MEET OR EXCEED REMARKS AS INDICATED. al ENGINEERING & DEVELOPMENT COMPANY, INC a division of Westwood 1512 BRAY CENTRAL DRIVE (214) 437-4640 PHONE SUITE 100 (888) 937-5150 TOLL FREE McKINNEY, TEXAS 75069 WWW.WESTWOODPS.COM TX BOARD PROF. ENGINEERS. CERT. #11756: TX BOARD PROF. LAND SURVEYING. CERT. 1007430 LANDSCAPE PLAN SHEET N0. ANNA DENTAL BLOCK A, LOTS 3R & 4, L1.01 ADVANTAGE SELF STORAGE ADDITION CITY OF ANNA., TEXAS � DWG NO: 1367-14-017-LANDSCAPE PLAN.DWG AGENDAITEM: Item No. 5.g. City Council Agenda Staff Report Meeting Date: 1 /24/2017 Resolution approving a development plat for the Kalinke Addition. (Maurice Schwanke) SUMMARY: Robert and Ann Kalinke have submitted an application for approval of a development plat of the Kalinke Addition. The property is located within Anna's exterritorial jurisdiction and is generally known as 11787 Turtle Creek Lane. The tract is located in the E.W. Lucas Survey, Abstract No. A0547 and contains approximately 11.12 acres of land. The owner is proposing to build a 36 x 36 metal storage building on the property. The Kalinke development plat was approved in November of 2016, however, the original submission did not include all of the facilities that they currently want to construct. Therefore, they were required to submit another application. The submittal meets the City of Anna development plat requirements. STAFF RECOMMENDATION: The Staff recommends approval of the development plat. ATTACHMENTS: Description Upload Date Type Kalinke Development Plat Resolution 1 /18/2017 Resolution Kalinke Development Plat 1 /6/2017 Exhibit Location Map 1 /6/2017 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "KALINKE DEVELOPMENT PLAT" WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Robert and Ann Kalinke have submitted an application for approval of a development plat of the Kalinke Addition; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Development Plat. The City Council hereby approves the development plat of the Kalinke Addition attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 241" day of January, 2017. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Mike Crist S 69° 03'28"E I �\ POINT OF 258.00' BEGINNING .COVERED STALL LOT 30 FIR 32"INA 9 67.46' N 00 24'00"E i 249.95' z PETRASKIEWCHZFILE NO. 20160202OOD124160 ]RWR ORCCT E,F 4 F30'TTILITY EASEMENT ILEUN0. 20160621000)8530 ORCCT ^ f PROPOSED EASEMENT N OR 17'03"E 428.76' HUNTER FILE NO. 201606210082410 ORCCT LOT 30 I Z N930.06' ]"W I 1 30i06'� �\ '�- FIR _-__-_____-__-_ I NOn CTVON 10ONSTRO I li / METH MILLER FILE NO. BN I 20120405000395500 ORCCT ` IPDN° I LOT 40 11.12 ACRES owl &W OWNER OF RECORD; ry N 00 13133fl 11E ROBERT KPLNKE 993.421 FILE ET UK ANN K"KE NO.20160622000785590, SIR KNEIP VOL. 4607 PO 1887 RRCCT 09 NOTES, LOT 4u 1. BASS OF BEPANC FOR THIS SURVEY WAS ESTAEL151£0 USING US STATE PLANE 1083, NORTH CFNTRAL TENOSS ZONE 4202.W Wass,USWC OEM 12A (CWMI 2N0 BMID. WAIS. HIXE COVENANTS PER WMRIM)f DEED III FILE NO. 201E002200078MAD. ORCCT 3.ME FOLLOMW AFFECT SUBJECT PROPENTY: EaEVENT TO ORATSON-COLLN ELECTRIC COOPERATIVE, M., MR FILE NO. 05-041005, IMPCCT IBLM1YhTI EASSwN S RESERVED ON WMRANTY SEES FLED JAN. 21.1997. HU PER ME NO. 97-00004955. RRCCT EASEViPHIS RESERVED N WMRAVrT OEEO FLED MOL 03. 1905, VOL. 462E PG 2386 PER FIE NO.9T-OONT29, R.T ROOD'S ® UTILITY EASEMENT PER FO.E No. 200504210404e930, RRCCT I RRPCOT ACCESS 5 UTILITY EASEMENT PER DUE He. 2ONGS421000481J0. C' S 0B 760 4135 RRPCCT ACCESS Fl31RNT PER WMRA DEED Slat FEE He 33A^ 2018W22000T65MOST °89I580, 4. PREPARED WITHOUT RENEFlT OF TITLE POLOY ®G N 54° 53'38"W� 1011.90' S. SE5 FflO.ECT°IBOBt KNRLTRN KE DEVELRWU. CCWCT S. REVISED OCT. I7.2016, PER CTY OF ARM, is REQUADMENTS 7. REVIID JAN2017ADD BARN AND FOND, HILL PER TN4 TX flO ENTS VOL.4629 PG 2386 RRCCT `x W11 BW I DRIVEL PP W III rr x AC 2 STORx T EA SIR S70°52'14"W 25J3' - �LL METAL I BARN \\ + I % A WOOD FENCE P A c" ��\ H AMINZADEH FILE NO. NO. 20MG6280000815210 ORCCT �R1 \I LP *\� LP PAUL VAN WAGONER II AND WIFE MARGARET VAN WAGONER FILE NO.94-0047435 ORCCT 0 O � O e G� ^eeV SPRING -f S 300 26'26"W _g 02.13' 34° 10'21"Y91eI JEFFREY 36°53' FILE NO. 054164 RCCT _ N 630 24'32" W 34.49' - S 73° 59'19"W 50.90' �aia d0 ptg 9Q WOOD FENCE ---- - Nf PP ffi � Uj S 3 LOT 8 'g 3 PPLd (� SITE yO� O .ROE( tN o PAUL AND MARGARET VAN WAGONER O FILE NO. 2016014000003340 I J ORCCT PP I FM11455 x VICINITY MAP N.T.S. ACCESS EASEMENT 3 FILE NO. 20160622000785590 ORCCT �I�u LEGAL DESCRIPTION SEAGC LOT /7 FILE NO. 95-00 05�95 WFru° FOUND IRON ROD 0 SIR SET RON ROD WITH YELLOW CAP LP' LIGHT POLE ONE OVERHEAD ELECTRIC TP • "T" POST FENCE CORNER WPFC WOOD POST FENCE CORNER PP ° POWER POLE TELE PED- TELEPHONE PEDESTAL SURVEY LNE EXISTING FENCE LINE EXISTING BUILDING Me • METER POLE E.FN ELECTRIC FENCE - - EASEMENT LINE OWNER ROBERT KALINKE MD SURVEYOFUENCINFER ANN KAMKE JASON C, SWAM 910 W. UNIVERSITY 506 N MASON ST M.KINNEY, TX 75089 BOWIE, Tx 76230 N I we sexPwrarr 1" "100' BEING MIS acres of land, mare or less, . port of the E.W. Luca. Survey, Abstract No. 547. Colin County, Texas. and being port of a coped 94.002 acre tract of land descant in Warranty Dead to Paul Von Wagoner, land wife Margaret Van Wagoner of record under FPO ND. 94-0047435, Official Public Records. of Calls County, Texas, which Sold 11.12 acres being more particularly described by metes and bounds as follow., BEGINNING at a found Iron rod at the southwest corner of Not certain 10.00 acre tract conveyed to Jefferson Brian Abbott & Felicia Van Wagoner, of record under File No, 97-004965. sold records, and being G point M the set line of Lot 38. SheMald Forma Militia. as he. on plat of reced under FIN No. 99-04524, Plat Record., CdIiR County, T.xae THENCE S 59 deg. 03 mIn.28 sa..E a Balance of 250.00 fact to o Set Iran rod for corner; THENCE S 00 deg. 19 Wn. 41..a. W a distance of 653.74 feet to a Set iron rod for corner: THENCE S 24 deg. 14 W.I. 25 an..E a dalance of 504.78 fast to 0 set Iran red for corner; THENCE N 09 deg. 40 min. 19 a...W a distance of 209.89 fast to o set Iron rod for tarn.,. THENCE S 0 deg. 19 onto. 41.... W passing a at has rod at a a alMaIme of 44.01 feet, in aide totaldslance of 506.27 feet to a point in center One of Bean Spring Branch for amen THENCE wfill Me center Unit of Bean Spring Branch His f.A.,drg course. ..it B.tencae S 30 deg. 26 min. 28 .... W a Balance of 82.13 feel+ S 34 deg, 10 ran. 21 sea. W a distance of 36.63 feel; N 63 dog. 24 We. 32 no. W a diatonic. of 34.49 feet; S 73 it.,. 59 Oda. 19 ....W u theta... Of 50.90 fast. N 54 dog, 53 min. 38 sec. W a distance of 101.90 feet; S 76 deg. 4t min. 35 a... W a Instance of 33.B9 feet to a point in Me center One of sold Boon Spring Branch corner, being the e0uthsnst comer of Lot 4L sold Sherfleld farms AGditHso THENCE N 00 deg. 19 Wn. 39 sec. E pee.Or, a at iron rod at o distance of 513.42 feat, in all. l0taidielence of 993.42 feat to A found too rod for corner THENCE N OD tleg. 17 min. 03 sec.E a Bafance of 428.78 feet to a found iron rod for CDrnen THENCE N 0 deg. 24 In. 00 sec.E a distance of 240.05 feat to the PLACE OF BEGINNING and containing 484,403 square fool or 11.12 acres of land, more or lees. r1i .9F. KALINKE ADDITION Jp9 NStlAIH DEVELOPMENT PLAT an.. iI /bye yN4` `� OF \1 11.12 ACRES /PRFPMra.1 `Bela n D H BEING PART OF THE ENGINEERING & SURVEYING E.W. LUCAS SURVEY WACTP JA9DN a.3WAm aa,H.s. ABSTRACT NO. 547 DDwnly'sa Texx COLLIE COUNTY. TEXAS PKKFP 191e ei2-Wla OCTOBER 17, 2018 S 101 LIMITS CITY LIMITS AGENDAITEM: Item No. 5.h. City Council Agenda Staff Report Meeting Date: 1 /24/2017 Resolution approving the Merritt Development Plat. (Maurice Schwanke) SUMMARY: Charles Merritt has submitted an application for approval of a development plat. The property is located within Anna's extraterritorial jurisdiction and generally known as 13055 County Road 477. The tract is located in the James Fisher Survey, Abstract No. 305 and contains approximately 6.000 acres of land. The owner is proposing to build a house and carport on the property. The submittal meets the City of Anna development plat requirements. STAFF RECOMMENDATION: The Staff recommends approval of the development plat. ATTACHMENTS: Description Upload Date Type Merritt Development Plat Resolution 1 /18/2017 Resolution Merritt Development Plat 1 /5/2017 Exhibit Location Map 1 /6/2017 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "MERRITT DEVELOPMENT PLAT" WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Charles Merritt has submitted an application for approval of a development plat; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Development Plat. The City Council hereby approves the Merritt development plat attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 241" day of January, 2017. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Mike Crist 5/8 IRS r -^-5 DRAINniE ex d11LIT, EASEMENT— iu iv z I iRG 0 o r � 1 CAtl LC. 50 ACRES VOL. 655, PG. I l3 PROPERTY OESCHIPOON POND S 88'37'00" _ 5 BUILDING DN/INA F & IARITY E......JI I N 88146100" W 'ALLEO 26.08 ACRES %OL. 4426, PG. 3925 BEING all 01 that cerl.6 6000 acre lmct of land situated in Colin County Texas in the James Fisher Sur ey. tb; free( No. 305 and being a an l of a called 70489 acre it A,t a load described in a SpeOioi SVorrenty Deed Nth Verde'*' till. .corded -n volume 5192. Page 3170 oI On, Catlin County VeeO Recerds and bean, tern prricuIu,r, desorped by metes and bounda as III.,n BEGINNING ud . 1/2 a,h ;all fcarof jr, County Rood 477 at the o U L career of sold 10,489 Traci t g ll I, then, t oI n allei 7 OD a, o tract of andds i d n a D' t ib lion Dead rurd,v 'n Valoar, 4426 '.q 135 _I ,old Allow ad d (.and 1/2 n ans a b'.g It southeast owns E."'ela. HENCE ',�,tn as d g. tf n n 00 iWe , rr,aa, t nin Ih nine of d )n 489 acre tract at 30.0 feet Ea' s ore, 1 L/8 bat rod .aef al On, .esl side of County Rood t] _an Onumg generally along o fence and file Ilea on the s, it, line of sold 70,189 o e tract, at 547 7 fee( pass 2_30 ',,at north of o 1/2 inch ro In od found it the northwest comer at said 2.00 acre tract, being till nnitheasa L c r .f o0ed 26.08 no ,act of t.,d des-ibad i, a Dlstdb torn Deed recorded in Volume 4426, Page 39e5nof said deed rcords, antl t'ng th. e s0th n" of said en,4 69 acre tract, of 1001.3 160 pass 2.50 feet north of at/2 inch 10Aod found at the oorlbxaat turner of ;nil 26.08 acre trOa1. and cr ng along the south line of snid a1 ,ue Ir_:I i Intal dsluKe of MIE 11, feet I. a 5/8 inch 111 sot therein for, the s0ufbwest coin;, h"a.f; IInLEECE North i am I . 00 sf fa. t 25852 feet along the "'tI:1e of the hore.in described 6_0DD ac'a !raft t, a S/8 inch r ad oil .d tt: nu lbweet pail,. thereof, TOEING''. Scott, 88 de3 P nTo. 00 .- c Fast awry Tire north line of tie no,a described 6.000 oil tT olO. 986.E f..e` pass 'e o S/8 inch r a at oa the wool side of ,Qu.:1 F'00d 47? and corrha ng for a .0tol 'fist'01 Wlfi.IT let to s 0.lot In caner in County Rood 477 and fY, mat line of said 70 489 ac a txva; THENCE Scoth I dog. 23 ano 19 seo,;t along County Road 47, una the east Ilea of said 20.469 acre I,o6t a fsonrce .f 2558ri feel to The of beginning and calauta!ed to ronlola 6,000 acres of land_ EC I - - ----- CALLED 70.489 ACP,ES - VOL, 5192, PC..500 c( II CALLED ,i ACRES VOL. 4808.8, P PG. 1843 1016.1?' f NAIL 1'NO i 30 COUNTY RD F"Mi20 B - - ----- - r i u) IL 1 ��•. Y T%+' HICK Dr:✓� ( �. I r.I •r�, ACRE. TfT,4�- ' I CALLED NO i 95 0 22989 as �II I O N �u PPS o C C� POINt OF J 6 r 5' BUILDING UNE If T su � j — L:I ! j PP j CAI 2.00 ACRE; of L VOL_ 4426. PQ. 3936 100 ACRES j l VOL. 4156. or,. 01553 I 1 CEPTIFICATION GFn 1414000382 L Jeff B. Dole.." Y :Lstend P"flocIn.1 Land Surveyor in the State .I To,cc tlo hereby ceility to Lax and Title it.'' -de ... it... and bow Hams and Ih.mPson that the ptot ono field notes shown ,o,a X1 acre a sa,vey made ,a the q,O,cd on A,,d 1. 200.1, o,d Oul Ino corn" monument, flood or � shown. Rrpr.>e,ngr ents an the 0nd o as cram nI ihne + ra �"I _set no eraroeahment5. a 1ppi.) If r. ,uementJ Or conflicts found at Ito bile a has -: Jinn y, ", ,. ehcr, nn the plot — _Y ,z5ti 7 - aEr�I amen,. Ro nc � 1 Note c Tho .50 It. County P, 'aseneat. B IT and 80 IL f3ui)ing Jatba,l-. f r> and ins 5 It. and 20 it 0.. ...a ;r,Y Unit f as.ne-Is s n bis Plat lied a descrbed In the D<, ., r,f Prnl rho , Caf Cran is tArRl, _tent an o, ,or,, ., aided ai Coca 1f01-6052267 CCDR. rec Jn fie ase83, gran" .i I,, a - I R_ell telephone CpmTany recorded 1n the",383, Page !, not n ..c. ibis _ aR. lien 4. 200slar Wt .' n) l :rya ] o ea>o,,, .1 / a'1td r ('av'nly L'le.k a, IOs ibad. ail` ;pot -aorta „ , nrlacl ❑ns''ect 6,1 w.,1 To .o:dleJ Belling Basis - I U o,lnway 2882 yht-of-ceay Map Floor St.lement Acco dfaq to the Emergency Mi,,ag,araeat Agency ((FMA) Float coureacq R.':a-Map Panel No +_d5 01756, rR�atloo January 19, 1998, a. perl,.i .f tots tr IeeY rdlh,n 0 sPetial t c f hazard art. R undated by 100-year flood ',trod 1 4s within .fyar areas (Iona '; determined bi b: oolsido Inc 500-year Iicodplc:m' LOfl)1TlON .11dp ,3o'6 off •:-.7 DEVELOPtlMW PLAT MERRITT 6.000 ACRES 6000 Acres in (he Jomes F.'sher Survey, Abstract o Ne. JO£ 017Y OF ANNA, CO[! IN COUNTY, TEXAS 01YNER: suRu[rOR'. (Vany, Ida Remff B 4f areR POB 50, '101 WEST vm,l RSITY Arai, lexos 75409 Ma KINNEY, TEXAS 25059 d72-654-6697 972-562-3959 OAT... O£0£M6EY 2J. 2016 I BOUNDARY SURVEY OF 6.000 ACRES OUT OF THE JAMES FISHER SURVEY, ABSTRACT NO. 305 COWN COUNTY, TEXAS SURVEYORe, BOUNDARY IMAGE LAND SURVEYING 1321 LOCNNESS DRIVE ALIEN, TEXAS 25013 (214) S41--8794 APPIL, 2004 SCALE 1" - 40' :�I ITE AGENDAITEM: Item No. 5.i. City Council Agenda Staff Report Meeting Date: 1 /24/2017 Resolution approving the Stinson Addition Development Plat. (Maurice Schwanke) SUMMARY: David and Melissa Stinson have submitted an application for approval of a development plat of the Stinson Addition. The property is located within Anna's extraterritorial jurisdiction and is generally known as 12960 Briar Cove Road. The tract is located in the Mark Roberts Survey, Abstract No. 742 and contains approximately 4.997 acres of land. The owner is proposing to build a house on the property. The submittal meets the City of Anna development plat requirements. STAFF RECOMMENDATION: The Staff recommends approval of the development plat. ATTACHMENTS: Description Upload Date Type Stinson Development Plat Resolution 1 /18/2017 Resolution Development Plat 1 /5/2017 Exhibit Location Map 12/2/2016 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "STINSON ADDITION DEVELOPMENT PLAT" WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, David and Melissa Stinson have submitted an application for approval of a development plat of the Stinson Addition; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Development Plat. The City Council hereby approves the development plat of the Stinson Addition attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 241" day of January, 2017. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Mike Crist SET U _ ALL IRON RODS SE UNLESS OTHERWISE NOTED. 1/2 • IRF 1/2- IRF 6.124 ACRES OWNER'S CERTIFICATE N 10 47Chi} E CLYDE E. BRAYTON Jr. 70.87 V 1729/P 928 ' `#- . WHEREAS DARREL,L STINSON, is the owner of a tract or parcel of land situated within the Collin County, Texas, being more particularly described as follows: S 89*12"40" E 1/2- IRF 18.0 `. LEGAL DESCRIPTION "19" r. �' 100-YEAR FLO4DPI_AIN ' � tract or parcel of land situated Collin County, Texas, being art of the Mark Roberts Survey, Abstract No. 742, being all of a 4,997 acre tract of land as described in a 1 �+,�' � / BEING a a ro �< � p y gP 21 27 J Warranty Deed with Vendor's Lien from Mike McBride to Darrell D. Stinson as recorded in/under Clerk's File No. 2016051 8000610020 of Collin County, Texas and being further FLOODPLAIN IS AFFECTED BY EASEMENT described as follows: f 7O COLLIN COUNTY SOIL CONSERVATION DISTRICT 1 1 VOL. 523 PG 28 R.P.R.C.C. for a corner at the southeast comer of said 4.997 acre tract in the center of Collin County Road No. 427, said Point of Beginning being further marked MARK & JANNA G. SZCZEPZNSItI j � � / BEGINNING at a cam gear found 11.002 ACRES / by a fence post found on the north side of Collin County Road No. 427 bearing N 00'4823" E at a distance of 25.30 feet; DOC. 91--0069392 THENCE N 89026'32" W along the south line of said 4.997 acre tract and the center of Collin County Road No. 427, a distance of 166.79 feet to a 1/2 inch iron rod found for a corner at of , j 1 the southwest corner of said 4.997 acre tract, said corner being at the intersection of the center of Collin County Road No. 427 and the center of Briarcove Road, said corner also being j f1 at the existing southeast corner of a 2.613 acre tract as conveyed to Mark Hedgecock as recorded in/under Clerk's File No. 20100726000761140 of Collin County, Texas; ►� ' THENCE N 00059'51" E along Briarcove Road, the west line of said 4.997 acre tract and the east line of said 2.613 acre tract, a distance of 740.58 feet to a 1/2 inch iron rod found for a t 1 /2 IRF corner at the northeast corner of said 2.613 acre tract, said comer being at the existing southeast corner of a 1.303 acre tract as conveyed to Barbara Marshall as recorded in/under N 1 Q1 4 / / Clerk's File No. 20100225000184860 of Collin County, Texas; 121.6 � THENCE N 0005947" E along Briarcove Road, the west line of said 4.997 acre tract and the east line of said 1,303 acre tract, a distance of 365.67 feet to a 112 inch iron rod found for a f� corner at the northeast corner of said 1.303 acre tract; f THENCE N 12001'54" E along Briarcove Road and the west line of said 4.997 acre tract, a distance of 121.65 feet to a 1/2 inch iron rod found for a corner; f THENCE N 31035'19" E (bearing basis) along Briarcove Road and the west line of said 4.997 acre tract, a distance of 213.27 feet to a 1/2 inch iron rod found for a corner; % f THENCE N 10047'00" E along Briarcove Road and the west line of said 4.997 acre tract, a distance of 70.87 feet to a 1/2 inch iron rod found for a corner at the northwest corner of said -...�. , .,.......^ . 4,997 acre tract; 1 /2" IRF THENCE S 89012'40" E along the north line of said 4.997 acre tract, a distance of 18.00 feet to a 1/2 inch iron rod found for a corner at the northeast corner of said 4,997 acre tract; I THENCE S 00048'23" W along and leaving a fence and along the east line of said 4.997 acre tract, passing a 1/2 inch iron rod found at a fence post at a distance of 1186.17 feet, in all a total distance of 1478.03 feet returning to the Point of Beginning and containing 4.997 acres of land. l ice. NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: t THAT DARRELL STINSON hereby adopts this plat as the STINSON ADDITION, an addition to Collin County and dedicates to the public use forever the roads and easements shown hereon (if any) for the mutual use and accommodation of any public utility desiring to use or using same for the purpose of construction, maintaining, adding to or removing any or all of their respective systems located therein. 1.303 ACRES LLJ 201 BARBARA L. MARSNAI-L � WITNESS MY HAND this day of , 20100225000184860 j Darrell Stinson 00 ...} I STATE OF TEXAS; {} COUNTY OF • the undersigned authority, a Notary Public in and for County, Texas, personally appeared the persons whose names are subscribed to the foregoing C.R. 376 � BEFORE ME, � I I ,, �,,,., j instrument and they acknowledged same for the purposes and considerations therein expressed and in the capacity indicated hereon. U O �' --- --t , GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1201 SITE 1 2 IRFcx� ate ( WEST DGE at} -- - - - --- --- -- sr I2960 BRIAR COVE ROAD RflAQV�tAY 0 ! } C.R. 427 io }1 PROPOSED Notary Public in and for County, Texas 13o * BARN W I SURVEYOR'S CERTIFICATE 1, Frank R. Owens, Registered Professional Land Surveyor, State of Texas, he eby certify that the description and plat hereon om actual measurements upon the ground and 60' WIDE ROAD EASEMENT are true and correct to the best of my knowledge and belief this day of 201 G., OF F.M. 2862 CALLED FOR IN OUR DEED I � .• G� S.jll_ aj_iZs"'''#'�' �*ip VOL. 1729 / PG 904 i 300 .' 24.292 ACRES . _ 30.0' SHEPHERD RANCH LLC Frank R. Owens � R.P,L.S. No. 5387 �.F-�A a� a"......,.., . r-. .. DOC, 20110503000455340 1 B .raA � � � Stist�.sesaaar.vwsoaa.".ssa.4•a.�srtaa (f} ti} I I STATE OF TEXAS;`° 587 %0 I COUNTY OF to 521*± BEFORE ME, the undersigned authority, a Notary Public in and for i County, Texas, personally appeared the pei ` ose names are subscribed to the foregoing W00 instrument and they acknowledged same for the purposes and considerations therein expressed and in the capacity indicated hereon. l •* e- y „ GIVEN UNDER MY HAND AND SEAL OF OFFICE this V da of , 201 ) ANNA !f) r, l T 2.f13 ACRES ' a VICINITY �j( MAP t, '(AflYA �/ �: 7 1 JLY1, i MARK S. HEDGECOCK ' a- m TRACI LYNN MOT`I 20100726040761140 w a ,...-. Notary Public in and forU County, Texas Notary ID * 128924798 0) My Commission Expires *n*'* March 19, 2020 OF Ci I I PPROVAL M Approved, this day of , 201 , by the Commissioners Court of Collin County, Texas I j 2& LARRY STEVENST UX n, V 1383/P 414 i E M C County Judge G�AYSON LLIN I I E(E� COOP � I V24s9/P883 NOTE: 2' 1. According to the Flood Insurance Rate Map No. 48085COI60J dated June 2, 2009, published by the Federal Emergency Management Agency, the subject property lies within Flood COLLIN CO C� � 25 B.L. ---- -- Zone "X", areas shown not to be within a special flood hazard area and lies within Flood Zone "A", areas shown to be within a special flood hazard area as shown on survey map. ' FEN COR PAST � 20060412400483170 13fi.33This statement does not imply that the property and/or structures thereon will be fi•ee from flooding or flood damage. On rare occasions, greater floods can and will occur and flood 25.3' o/S heights may be increased by man-made or natural causes. This flood statement shall not create liability on the part of the surveyor. (66 R.O.W. RESERVATIONS 2. Blocking the flow of water construction improvement in drainage easements, and filling or obstruction of the floodway is prohibited. 3, The existing creeks or drainage channels traversing along or across the addition will remain as open channels and will be maintained by individual owners of the lot or lots that are ......--- --- ���' -'���` ��� �'� � �� � �� ���, � .� 74 traversed by or adjacent to the drainage course along or across said lots. 1/2" IRF AM GEAR FND / 48.7622 ACRES 4. Collin County will not be responsible for the maintenance and operation of said drainage ways or for the control of erosion in said drainage ways. CR 427 CA ROAD 3Mc JOINT VENTURE Etal J FARRI SURVEY, A— �} V Bfi70/P 174 5. Collin County will not be responsible for any damage, personal injury or loss of life or property occasioned by flooding or flooding conditions. 6. Collin County permits are required for building construction, on -site sewage facilities and drive/culvert permits. 7. All private driveway tie-ins to a county maintained roadway must be even with the existing driving surface. 8. All surface drainage easements shall be kept clear of fences, buildings, foundation and planting, and other obstructions to the operation and maintenance of the drainage facility. DEVELOPME� 9. All lots must utilize alternative type On -Site Sewage Facilities, 10. Must maintain state -mandated setback of all On -Site Sewage Facility components from any/all easements and drainage areas, sharp breaks and/or creeks/rivers/ponds/etc. IL There are no water wells noted in this sudivision and no water wells are allowed without prior approval from Collin County Development Services. 12. Tree removal and lot grading may be required on individual lots for On -Site Sewage Facility installation and/or operation, S INSON ADDI ION 13. Individual site evaluations and OSSF design plans (meeting all State and County requirements) must be submitted to an approved by Collin County for each lot prior to ''��"" construction of any OSSF system, MARK ROBERTS SURVEY, A-742 HEALTH DEPARTMENT CERITFICATE COLLIN W T I hereby certify that the on -site sewage facilities described on this plat conform to the applicable OSSF laws of the State of Texas, that site evaluations have been submitted representing the site conditions in the area in which on -site sewage facilities are planned to be used. (4.997 ACRES) M1 Registered Sanitarian or Designated Representative NOVEMBER,016 Collin County Development Services Owner. Surveyor; Darrell Stinson Owens Land Surveying 2917 Newburyport Avenue P.C. Box 1025 Garland, Tx. 75044 2616 Stonewall Street Greenville, Tx. 75402 (903) 450-9837 SCALE. 1" - 104' 4.997 TOTAL ACRES LEGEND tt_eox -�• UNDERGROUND LE MARKER �- - WOOD FENCEFIRM REG. CERT. 100224,00 DATE: DEC. 5 2016 SCALE: ►► , ,r POWER POLE � WATER vAt..vE ti MA Ow.wens Land, Surveying L.E. 1 �-- 100 c BED wtRE FENCE P.O. BOX 1025 WATER METER � FIRE at�rD trt:�t OUT o GAS METER ■ ELECTRIC METE �1 TELEPHONE PEDESTAL --o- - o-� ct tt t,trtc tctw www.ow nslandsurvey ng.com { {�) 4 0-9837 � (943) 450--�987 CREENVI�. E TX 754C� DRAWN BY: B. EBERT JOB NO.: 201 --437 7 i�INS e® AAAAAA®'� � AIIAIIIA III 42 2862 376 Item No. 6. City Council Agenda Staff Report Meeting Date: 1 /24/2017 YOUR} HOMETOWN AGENDAITEM: Consider/Discuss/Action regarding a Resolution approving a capital investment incentive performance agreement between Kirby -Smith, LLC; KSMI properties, Inc; and the Anna Community Development Corporation. (Jessica Perkins) SUMMARY: Kirby -Smith Machinery, Inc. is a leading distributor of heavy equipment and cranes in the central United States. As a full -service dealer, Kirby -Smith has been serving the construction, mining, and industrial markets since 1983. The company is growing and reached out to the City of Anna last summer stating that they were looking for a location on which to construct a new facility north of 380 between Preston Road and Hwy 75. Staff responded to Kirby -Smith and started a discussion about the possibility of locating in the Community Development Corporation business which was under contract at that time. For the last several months, staff has been working with Kirby -Smith drafting an Economic Development Incentive Performance Agreement that would bring their business to Anna. Through this Agreement, Kirby -Smith will invest $8-million in a new facility, machinery, and equipment on 7- acres of land in the new business park. In addition, Kirby -Smith will create a minimum of 10 jobs within 36 months; construct a local commercial street within the business park; extend sanitary sewer service; and reimburse the Community Development (CDC) for their portion of a water line that the CDC will construct. Kirby -Smith anticipates doing more than $10-million in sales within the first year of operation. This would result in approximately $200,000 collected in local option sales tax. Kirby -Smith desires to be a community partner supporting community events and partnering with the High School for internships. Staff is excited about the opportunity to partner with Kirby -Smith and have them as our first tenant in the new business park. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution and Agreement. ATTACHMENTS: Description KS Resolution CDC KS Agreement Upload Date 1 /19/2017 1 /18/2017 Type Resolution Backup Material CITY OF ANNA, TEXAS RESOLUTION NO. RESOLUTION APPROVING A BUSINESS DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT AND PERFORMANCE AGREEMENT BETWEEN THE ANNA COMMUNITY DEVELOPMENT CORPORATION AND KIRBY SMITH MACHINERY, INC. AND KSMI PROPERTIES, LLC AND AUTHORIZING THE GRANT OF FUNDS UNDER SAID AGREEMENT WHEREAS, the City Council of the City of Anna supports the Anna Community Development Corporation's ("CDC") desire to offer Kirby -Smith Machinery, Inc and KSMI Properties, LLC. a capital development incentive grant conditioned on performance criteria, including but not limited to the creation of new jobs within the City's corporate boundaries; and WHEREAS, the City Council of the City of Anna approves the amount of the CDC incentive grant and the terms of the performance criteria as described in Exhibit A, as well as the economic development project described therein; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. The City Council of the City of Anna, Texas hereby authorizes the CDC to enter into the Business Development Incentive Grant for Capital Investment Performance Agreement with Kirby -Smith Machinery, INC and KSMI Properties, LLC, attached hereto as EXHIBIT A, for land generally valued at $914,760 in exchange for job creation and capital infrastructure to be conditioned on performance criteria as described in Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 24tn day of January, 2017. ATTEST: APPROVED: City Secretary Carrie L. Smith Mayor Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1 ANNA COMMUNITY DEVELOPMENT CORPORATION RESOLUTION NOJ00 -ON) :� (Cu') A RESOLUTION OF THE ANNA COMMUNITY DEVELOMENT CORPORATION APPROVING A BUSINESS DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVENSTMENT PERFORMANCE AGREEMENT WITH KIRBY SMITH MACHINARY, INC. AND KSMI PROPERTIES, LLC AND AUTHORIZING THE GRANT OF FUNDS UNDER SAID AGREEMENT WHEREAS, the Anna Community Development Corporation (the "CDC') desires to grant funds in support of a community development project that will create and retain new primary jobs, as that term is defined under Texas Local Government Code 501.002, and that will result in new capital investment within the corporate limits of the City of Anna, Texas ("City"); and WHEREAS, the CDC has received a project proposal from and Kirby — Smith Machinery, Inc. and KSMI Properties, LLC who has represented will create and retain a significant number of new primary jobs and that will result in new capital investment, all within the corporate limits of the City within a 36-month period (the 'Project"); and WHEREAS, the CDC has determined that it would be beneficial to the CDC and to the City for the CDC to grant funds for costs of the Project provided that the promised primary jobs are created within a 36-month period and infrastructure improvements outlined in the attached Agreement (Exhibit A), and that said jobs are maintained within the corporate limits of the City for at least ten years, such that if said jobs are not created or retained as promised, Kirby Smith Machinery, Inc. and KSMI Properties, LLC must repay all or a portion of the grant proceeds back to the CDC, as more specifically set forth in the Agreement; and WHEREAS, the CDC has found that if successful the Project will promote new or expanded business development; 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 Agreement The CDC hereby approves the Business Development Incentive Grant for Capital Investment Performance Agreement ("Agreement'), attached hereto as EXHIBIT A, incorporated herein for all purposed, and authorizes the CDC President to execute same ANNA CDC RESOLUTION NO .�)WIT,61"C)a(e-66 PAGE 1 OF 2 on its behalf, subject to approval as to form by legal counsel for the CDC, final content by the CDC Chief Administrative Officer, and approval by the City Council. Section 3. Approval of Funding The CDC hereby authorizes the Chief Administrative Officer to expend funds as grant proceeds in accordance with the Agreement. PASSED AND AP ROVED by the Anna Community Development Corporation on this day of ,, 2017. APPROVED: A' XtLl�c�' Jc6h Houcek / Sherilyn C President CDC Secretary ANNA CDC RESOLUTION NO.2!L� (o 0c) PAGE 2 OF 2 BUSINESS DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT This Business Development Incentive Grant for Capital Investment Performance Agreement (this "Agreement") is made and entered into by and between the Anna Community Development Corporation and Kirby — Smith Machinery, Inc. and KSMI Properties, LLC (collectively, the "Company"). WITNESSETH: WHEREAS, the Anna Community Development Corporation is willing to provide a grant in the form of land for the use of the Company, provided that the Company meets certain criteria relating to Capital Investments, and the creation and retention of at least 10 New Jobs consisting of Primary jobs as that term is defined in Texas Local Government Code §501.002(12); and WHEREAS, the Company is required to return all or a portion of the value of the grants under this Agreement to the Anna Community Development Corporation if the performance criteria under this Agreement are not materially met by the Company; and WHEREAS, the Anna Community Development Corporation and the Company desire to set forth their understanding and agreement as to the incentive grants, obligations of the Company regarding Capital Investment, New Job creation and maintenance, and the payment by the Company to the Anna Community Development Corporation under certain circumstances as set forth in this Agreement; NOW, THEREFORE, in consideration of the foregoing, the mutual benefits, promises and undertakings of the parties to this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto covenant and agree as follows: Section 1. Recitals Incorporated. The above -stated recitals are incorporated into this Agreement as if set forth in full and constitute material representations by the Company and the Anna Community Development Corporation to induce the other party to enter into this Agreement. Section 2. Definitions. "Capital Investment" means the Company's capital expenditure of at least $8,000,000 of which approximately $1,500,000 will be invested in machinery and equipment, and approximately $6,500,000 will be invested in the building of the Facility(ies). "City" or "the City" means the City of Anna, Texas. BUSINESS DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT PAGE 1 OF 12 "Facility" or "Facilities" means the place(s) of business of the Company, including the principal place of business and any other business locations, within the corporate limits of the City. "Kirby -Smith Project" means the subject of this Agreement, which is the Company's North Dallas retail equipment sales and leasing facility located within the corporate limits of the City of Anna intended to result in the creation of at least 10 New Jobs at the Facility(ies) and the Company's Obligation to Maintain and other duties it must perform under this Agreement. "New Job" means a Primary job, as that term is defined in Texas Local Government Code §501.002(12), and includes only jobs that are new, permanent, and full-time employment positions filled by individuals for an indefinite duration at the Facility for which the standard fringe benefits are paid by the Company for the employee, and for which the Company pays a minimum wage of at least $15/hr. Each New Job must require a minimum of either: (1) 40 hours of an employee's time per week for the entire normal year of the Company's operations, which "normal year" must consist of at least 52 weeks; or (2) 2,080 hours per year, subject to applicable federal or Texas state law requiring the Company to grant an employee any type of leave or other time away from the job. "Obligation to Maintain" means the Company's contractual responsibility under this Agreement to maintain at the Facility(ies)—beginning on the Performance Date and ending ten years after the Start Date —the active and paid employment status of at least one individual in each of the 10 New Job positions required to be created under this Agreement, except that after any such individual's termination, resignation, or other departure from active paid status, the Company shall have a reasonable period of time (but in no event longer than 60 business days or a longer time period if necessary to comply with the minimum requirements of the Family Medical Leave Act or other applicable federal or Texas state law governing mandatory employee leave or time away from the job) to fill the position with an active, paid employee. "Performance Date" means the date that all 10 of the New Jobs required to be created and filled under this Agreement have been created and filled and the Capital Investment has been made in full as described in this Agreement. "Start Date" means the date upon which the Company establishes and begins to operate its business at the Facility after a Certificate of Occupancy has been issued within the corporate limits of the City. "Targets" mean the Company's obligation to meet the following two criteria: (1) invest the entire amount of the Capital Investment in the Kirby -Smith Project; and (2) create and fill at least 10 New Jobs at the Facility. BUSINESS DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT PAGE 2 OF 12 "Work" means any and all of the Company's efforts, pursuits, activities, and endeavors performed or attempted and associated or in connection with or related to the Kirby - Smith Project, including but not limited to all efforts, pursuits, activities, and endeavors performed by its organizers, directors, officers, agents, employees, representatives, contractors or any subcontractors. Section 3. Incentive Grant and Consideration for Incentive Grant. (a) The grant to be provided by the Anna Community Development Corporation under this Agreement is approximately 7.012 acres of land generally located at the Northeast Corner of State Highway 5 and the Collin County Outer Loop defined in more detail in the attached Exhibit A (the "Property"), valued at $3 per square foot for an estimated value of $914,760 (the "Property's Value"). The Property must be used by the Company exclusively for placing the Kirby -Smith Project into operation and maintaining the same at the Property location in accordance with this Agreement. (b) The Anna Community Development Corporation will convey the Property to KSMI Properties, LLC for $10.00 good and valuable consideration; (c) Within six (6) months subsequent to the conveyance of the Property to the KSMI Properties, LLC, the Anna Community Development Corporation or its designee will: (i) Cause the City of Anna to make available domestic water service to the Property including without limitation the requisite fire hydrants/valves across the southern boundary line of the Property to the eastern boundary line of the Property located in the center of Clemmons Creek; (ii) Work with the Company in platting of electrical and sanitary sewer easements to serve the Property. (d) In return for provision of the incentives to be provided to the Company under this Agreement, the Company covenants and agrees to perform in accordance with subsections (e) and (0, below, and as follows. Within twelve (12) months subsequent to the conveyance of the Property to the Company, it shall: (i) Reimburse the Anna Community Development Corporation for design and construction costs associated with the domestic water line and the requisite fire hydrants/valves across the southern boundary line of the Property to the eastern boundary line located in the center of Clemmons Creek; BUSINESS DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT PAGE 3 OF 12 (ii) Provide a minimum 44 foot wide "local commercial" (additional details attached) street with a 60 foot wide divided entry extending from the Collin County Outer Loop north along the west boundary line of the Property and terminating in a fire truck turnaround (all together, the "Street"); and (iii) Extend a sanitary sewer line and requisite manholes from the center of Clemmons Creek to the western side of the Street; Reference attached Exhibit'L' illustrating the foregoing (i), (ii) and (iii) requirements. (e) Within eighteen (18) months subsequent to the conveyance of the Property to the Company, subject to site plan and other customary developmental approvals by the City, the Company will construct or cause to be constructed a retail equipment sales and leasing facility (with a gross area of not less than 20,000 square feet). (f) Within thirty-six (36) months subsequent to the conveyance of the Property to the Company, it shall have created a minimum of 10 New Jobs and will have invested the Capital Investment in support of buildings and equipment for the Kirby -Smith Project. (g) This Agreement is subject to the duly authorized approval of the Company, the Anna Community Development Corporation Board of Directors, and the City of Anna City Council and absent said approvals this Agreement shall be null and void notwithstanding any other provision or statement in this Agreement. After the last of said approvals and the duly authorized approval of this Agreement by the Company as evidenced by the properly notarized execution of this Agreement by its President, this Agreement shall be in full force and effect (the "Effective Date"). Notwithstanding this provision or any other provision of this Agreement, the parties respective obligations under this Agreement are conditioned and contingent upon the Anna Community Development Corporation's acquisition of the Property on or before the 31 st day of December, 2016. If for any reason the Anna Community Development Corporation fails to acquire the Property on or before said date, then, unless said Property acquisition is extended by the Anna Community Development Corporation in its sole and absolute discretion, this Agreement shall be null and void with neither party having any rights or obligations under this Agreement. (h) Within 30 days subsequent to the Effective Date, the Anna Community Development Corporation and the Company shall enter into a Purchase and Sale Agreement to convey the Property to the Company, said agreement to be substantially in the form set forth in the attached Exhibit B. BUSINESS DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT PAGE 4 OF 12 Section 4. Performance Date and Obligation to Maintain. (a) Performance Date. The Company is responsible to ensure that the Performance Date occurs —and the Targets that the Company must meet in connection with said date are met —on or before the expiration of 36 months after the conveyance of the Property to the Company. (b) Obligation to Maintain. The Company must fulfill its Obligation to Maintain for ten years after the Start Date. Section 6. Payment Obligations of the Company and Other Remedies. (a) Payment for Failure to Meet Targets., the Company must pay 100% of the Property's Value, i.e., $914,760 (plus interest at the rate of 3% per annum or the highest rate allowed by law, whichever is lower, with interest accruing cumulatively on the total amount of Property's Value beginning on the expiration of 36 months after the date of the closing of the sale of the Property to the Company under this Agreement) if it fails to meet either of the Targets within the 36-month period set forth in Section 4(a) of this Agreement. (b) Payment after Performance Date. If the Company meets its Targets within the 36-month period set forth in Section 4(a) of this Agreement, then the Company shall only be obligated to pay the Property's Value, i.e., $914,760 (plus interest at the rate of 6% per annum or the highest rate allowed by law, whichever is lower, with interest accruing cumulatively on the total amount of the Property's Value beginning on the first date of the Company's failure to meet its Obligation to Maintain) if it fails to meet its Obligation to Maintain. If the Company fails to meet its Obligation to Maintain, the amount to be paid will be determined by the date upon which the failure to meet the Obligation to Maintain first occurs, according to the schedule set forth below and made a part of this subsection. [REMAINDER OF PAGE LEFT BLANK INTENTIONALLY] BUSINESS DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT PAGE 5 OF 12 First date of failure to meet Percentage of $914,760 Obligation to Maintain to be paid by Company Anytime after the Performance Date, but before the expiration of 3 years after the Performance Date 100% +interest Anytime between the expiration of 3 years after the Performance Date, but before the expiration of 5 years after the Start Date 75% Anytime between the expiration of 5 years after the Start Date, but before the expiration of eight years after the Start Date 50% Anytime between the expiration of eight years after the Start Date, but before the expiration of nine years after the Start Date 25% Anytime between the expiration of nine years after the Start Date, but before the expiration of ten years after the Start Date 15% Upon the expiration of ten years after the Start Date and at all No payment obligation times thereafter BUSINESS DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT PAGE 6OF12 (d) Payment Dates. Any payments required under this Section 5 shall be due from the Company to the Anna Community Development Corporation within ten business days of the Determination Date, or within ten business days of the date that the Anna Community Development Corporation or the City provides written notice to the Company of its failure to meet the Obligation to Maintain or its obligations with respect to the Performance Date. (e) Remedies. In the event that the Company fails to timely pay any amounts due under this Section 5 or if the Company otherwise materially breaches this Agreement, the Company agrees that the Anna Community Development Corporation or the City, on behalf of the Anna Community Development Corporation, has the option to initiate legal action to collect all amounts not yet paid and the value of all incentives, grants, and other benefits provided to the Company under this Agreement. If legal action is initiated, Company agrees to pay all fees, cost and expenses, including but not limited to attorneys' fees and related expenses incurred by the Anna Community Development Corporation or the City related to said collections and legal proceedings. The remedies stated in this Agreement are cumulative of and do not limit any other remedies that the Anna Community Development Corporation or the City may have at law or in equity. [REMAINDER OF PAGE LEFT BLANK INTENTIONALLY] BUSINESS DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT PAGE 7 OF 12 Section 6. Company Reporting. The Company shall provide, at the Company's expense, detailed verification in form and substance satisfactory to the Anna Community Development Corporation of the Company's progress on the Targets, including but not limited to proof of its Capital Investment in machinery, equipment, and construction of the Facility(ies) as required under this Agreement, and, as applicable, the Company's Obligation to Maintain. Such progress reports will be provided annually, starting at twelve months from the date that the Company after conveyance of the property to the Company, but may be required quarterly upon written request by the Anna Community Development Corporation or the City, and at such other times as the Anna Community Development Corporation or the City may require during the period of ten years from the Start Date. Without limiting the scope or type of actions or inactions on the part of the Company that may result in a material breach of this Agreement, the Company's failure to comply with this Section will be considered a material breach of this Agreement. Section 7. Notices. (a) Any notices required or permitted under this Agreement shall be given in writing, and shall be deemed to be received upon receipt or refusal after mailing of the same via United States certified mail, postage fully pre -paid, return receipt requested or by overnight courier (refusal shall mean return or certified mail not accepted by the addressee): If to the Company, to: KIRBY-SMITH P.O. Box 270300 Oklahoma City, OK 73137 If to the Anna Community Development Corporation, to: Anna Community Development Corporation Attention: Chief Administrative Officer PO Box 776 Anna, Texas 75409 and with a copy to: Clark McCoy Wolfe, Tidwell & McCoy, LLP 2591 Dallas Parkway, Suite 205 Frisco, TX 75034 BUSINESS DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT PAGE 8OF12 (b) Either party may change its addresses for notice by providing written notice of same to the other party and to the City via the manner set forth in subsection (a), above. Section 8. Miscellaneous. (a) Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto as to the subject matter contained herein and may not be amended or modified, except in writing signed by each of the parties. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Neither Party may assign its rights and obligations under this Agreement without the prior written consent of the other party which shall not be unreasonably withheld. (b) Governing Law; Venue. This Agreement is made, and is intended to be performed, in the corporate limits of the City and shall be construed and enforced by local and state laws within the State of Texas. Jurisdiction, forum and venue for any litigation arising out of, relating in any way to, or involving this Agreement shall lie exclusively in a court in a state court of Collin County, Texas. (c) Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be an original, and all of which together shall be one and the same instrument. (d) Severability. If any provision of this Agreement is determined to be unenforceable, then the remaining provisions of this Agreement shall, in the discretion of the Anna Community Development Corporation, be voidable or interpreted as in effect as if such unenforceable provision were not included herein. (e) Indemnification and Limitation of Liability. It is expressly understood and agreed that the Anna Community Development Corporation has no right of control, supervision, or direction over the Kirby -Smith Project or the Work nor does the Anna Community Development Corporation have any control, supervision or direction of the means, methods, sequences, procedures, and techniques utilized to undertake and complete the Work. There shall be no joint control of the Kirby - Smith Project or the Work. THE COMPANY AGREES TO FULLY DEFEND, INDEMNIFY AND HOLD HARMLESS THE ANNA COMMUNITY DEVELOPMENT CORPORATION AND THE CITY FROM ANY CLAIM, PROCEEDING, CAUSE OF ACTION, JUDGMENT, PENALTY, OR ANY OTHER COST OR EXPENSE ARISING OR GROWING OUT OF, ASSOCIATED OR IN CONNECTION WITH THE KIRBY SMITH PROJECT OR THE WORK, PROVIDED, HOWEVER, THAT THE COMPANY SHALL NOT BE REQUIRED TO INDEMNIFY THE ANNA COMMUNITY DEVELOPMENT CORPORATION BUSINESS DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT PAGE 9OF12 OR THE CITY FOR ANY DAMAGES OR OTHER AMOUNTS INCURRED BY EITHER OF THEM FOR WHICH THE SOLE PROXIMATE CAUSE IS THE NEGLIGENCE, GROSS NEGLIGENCE OR INTENTIONAL CONDUCT OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION, THE CITY, OR THEIR EMPLOYEES, OFFICERS, REPRESENTATIVES OR AGENTS. THE COMPANY'S DUTY TO INDEMNIFY AND HOLD HARMLESS INCLUDES, BUT IS NOT LIMITED TO, ATTORNEY FEES AND RELATED EXPENSES INCURRED BY THE ANNA COMMUNITY DEVELOPMENT CORPORATION OR THE CITY IN DEFENDING THEMSELVES OR IN ENFORCING THIS AGREEMENT. THIS PROVISION IS NOT INTENDED TO AND DOES NOT WAIVE ANY OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION'S OR THE CITY'S GOVERNMENTAL IMMUNITIES, INCLUDING WITHOUT LIMITATION IMMUNITY FROM SUIT AND LIABILITY. THIS AGREEMENT IS NOT INTENDED TO BENEFIT ANY THIRD PARTIES. (f} Assignment or Sale. The Company may assign, sell, transfer or lease (including through merger/acquisition transactions) all or any part of the Kirby -Smith Project, the Company (via a sale of the Company's stock and/or assets, as applicable) or this Agreement to another person or entity without any prior approval of the Anna Community Development Corporation. In the event that the Company assigns, sells, transfers or leases all or any part of the Kirby -Smith Project or this Agreement to a separate entity or person, the assignment must provide that the assignee shall assume all of the obligations of the Company under this Agreement or the portion(s) of those obligations, as applicable, that pertain to the part of the Kirby -Smith Project or this Agreement that is assigned or sold. (g) Reserved. (h) Dissolution of Development Corporation. Should the Anna Community Development Corporation become dissolved at any time before the expiration of ten years after the Start Date, this Agreement shall inure in all ways to the benefit of the City, and the City shall be deemed to replace the Anna Community Development Corporation as the party who has contracted with the Company under this Agreement. This Agreement shall never be interpreted to be a sale of goods or services to the City. (i) Undocumented Workers. In accordance with Chapter 2264 of the Texas Government Code, the Company certifies that neither it, nor a branch, division, or department of the Company, will ever knowingly employ an undocumented worker and that if, after receiving any grant under this Agreement, the Company, or a branch, division, or department of the Company, is convicted of a violation under 8 U.S.C. §1324a(f), the Company shall pay the total amount of all grants or the value thereof as stated in this Agreement theretofore received under this BUSINESS DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT PAGE 10 OF 12 Agreement with interest at 10% per annum or the highest rate allowed by law, whichever is lower, not later than the 120th day after the date the Anna Community Development Corporation or the City notifies the Company in writing of the violation. (j) Real Estate Representation: The Company and Anna Community Development Corporation warrant that they have no real estate representatives in connection with this sale other than Funderburgh Realty (representing Seller) and that there are no other individuals or entities entitled to participate in professional services fees relative to this potential transaction. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which shall be effective on the date that is described in Section 3(g) [is this reference correct?] of this Agreement. Anna Community Development Corporation By: _ Vlto-� 461� Jifn Houcek, its President STATE OF TEXAS § COUNTY OF COLLIN § .0tY My Kay 8tadceter y Commission E)Ores 04/01 /2017 OF Before me, the undersigned notary public, on the day of 2 , 2017, personally appeared Constance Ann Stump known to me (or proved t e) to be he person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same in her capacity as President of the Anna Community Development Corporation and on behalf of the Anna Community Development Corporation. [REMAINDER OF PAGE LEFT BLANK INTENTIONALLY] BUSINESS DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT PAGE 11 OF 12 Kirby - Smith Machinery, Inc. l By: I resident STATE IF OKLAHOMA § COUNTY OF OKLAHOMAC0L11N— § Before me, the undersir notary public, on personally appeared . �the .,- f person whose name is subs . fr..eSubscribed too the to egoing in executed t�)ihe samQ8 in his �r[�gjpac1y1 Prgsidentof WI of /Ci r b'u - J {T�(, r yt.,+Y.' 2, �. KSMI Properties, STATE OF TEXAS / § COUNTY OF COLLIN § Before me, the undersl£ personally appeared H. E. Kirb subscribed to the foreg his capacity as Managioin e t day ofjaix"he n tome (or proved to be [[[[he o be me) Trent and acknowledged to me that he SrgWFMachidery. Inc, and on behalf notary public, on the-- day of 94,W 10 nvn to me (or proved to me) to be the perso ose rk is 1 and acknowledged to executed the same in MI Properties, LLC on beha , sald entity. BUSINESS DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT PAGE 12 OF 1R i Item No. 7. City Council Agenda Staff Report Meeting Date: 1 /24/2017 YOUR} HOMETOWN AGENDAITEM: Consider/Discuss/Action regarding an Ordinance amending the Anna City Code of Ordinances by amending Part II, Article IV (Animals), Section 6 (Requirements of Livestock), and adding Section 6.08 (Harboring Chickens). (Maurice Schwanke) SUMMARY: During the November 8th Council meeting a citizen spoke during the public comment period and requested that the Council change the current regulations regarding the keeping of chickens in residential areas of the City. On January 10, the City Council reviewed and discussed some proposed amendments to the current regulations. Current City regulations allow the keeping of chickens (domestic fowl) on lots or tracts within the City that are at least two acres in size and zoned Agricultural or Single Family Estate. Domestic fowl includes "chickens, ducks, turkeys, geese, guineas, squabs, and other domestic fowl of the same approximate size and weight." The maximum number is one bird per 1/8 of an acre (or 8 per acre). In residential zoned areas (2-acres or larger), a maximum of 12 Domestic Fowl may be housed in a single enclosure, and not more than one -quarter may be males. Based on a review of regulations in some neighboring cities, and comments from the City Council during the January 10th workshop, Staff has drafted an amendment for the Council to consider. The proposed ordinance would allow chickens to be kept in all residential districts with 12 chickens being allowed per pen and 1 pen allowed on lots less than 1 acre. On lots one -acre or larger, the maximum number of chickens would twelve, or one per one -eighth acre, whichever is greater. Roosters would be prohibited on residential lots that are smaller than two -acres. STAFF RECOMMENDATION: Approval of the Ordinance as drafted. ATTACHMENTS: Description Upload Date Type Ordinance 1/19/2017 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 II, ARTICLE IV (ANIMALS), SECTION 6 (REQUIREMENTS OF LIVESTOCK), AND ADDING SECTION 6.08 (HARBORING CHICKENS); PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $2000; 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 the harboring of livestock and domestic fowl within the city limits; and WHEREAS, the City of Anna, Texas City Council ("the City Council") has investigated and determined that it would be advantageous and beneficial to the City and its citizens to amend Part II, Article IV (Animals), Section 6 (Requirements of Livestock), of the Anna City Code of Ordinances ("Anna Code"); and adding Section 6.08 (Harboring Chickens). 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. Amendments. 1.01 PART II, ARTICLE IV (ANIMALS), SECTION 6 (REQUIREMENTS OF LIVESTOCK), AND ADDING SECTION 6.08 (HARBORING CHICKENS). In accordance with Part II, Article I, Section 9 of the amendments are made to Part II, Article IV (Animals), Livestock), and adding Section 6.08 (Harboring Chickens). Anna Code, the following Section 6 (Requirements of Ord. Amending Part II, Article IV Animals.doc 1 01-00-17 Section 6. Restrictions on Livestock and Domestic Fowl 6.02 Livestock or Domestic Fowl Restricted Except as authorized under Section 6.08, it shall be unlawful for any Person to Harbor any Livestock or Domestic Fowl, on any lot, premises, or tract within the City except for a lot, premises, or tract that is at least two acres in size and zoned Agricultural, Single Family Estate, or Planned Development and only to the extent that the zoning specifically applicable to such lot, premises, or tract permits Harboring of Livestock or Domestic Foul. 6.03 Numbers of Livestock or Domesticated Fowl Restricted (a) On any lot, premises, or tract that is at least two acres in size, it shall be unlawful within the Anna city limits for any Person to Harbor more than: 1. a single Large Livestock animal per one acre and its young up to nine months of age; 2. a single Small Livestock animal per one-half acre; and 3. a single Domestic Fowl animal per one -eighth acre of such premises or tract, except as authorized under Section 6.08. (b) It shall be unlawful for any Person to Harbor more than an aggregate of 12 Domestic Fowl, in One Enclosure. Additionally, not more than one -quarter of the number of Domesticated Fowl in One Enclosure may be of the male species, unless otherwise restricted under Section 6.08. (c) Agricultural zoned properties are exempt under this section, as long as the Person does not Harbor more than can be cared for under sanitary conditions and/or create a nuisance. (d) The Person in lawful possession of a lot, premises, or tract, as the owner thereof or the owner's tenant, may Harbor thereon cattle, horses, calves, or foals belonging to others but must still comply with all provisions of this section and abide by its restrictions. (e) Any Agricultural zoned premises shall not be operated as a commercial business in violation of any City ordinance. 6.04 Holding Areas (a) Livestock and Domestic Fowl must be kept within an enclosure, pen, corral, or restrictive area to prevent exit by the Animal(s). The fence posts must not sway more than six inches when tested by an Animal Control Officer. Ord. Amending Part Il, Article IV Animals.doc 2 01-00-17 (b) A gate for Livestock enclosure shall be mounted on hinges to a solid wall or fence post. Such a gate must connect with another fence post or wall in a manner that Livestock cannot pass through it, and the gate itself must be constructed so that there is not an opening that will allow the Animal(s) to escape the enclosed area. The gate must have a latch or chain attached capable of keeping it closed when tested by an Animal Control Officer. 6.05 Proximity to Human Living Quarters (a) Except as authorized under Section 6.08, it shall be unlawful for any Person to Harbor on premises within the Anna city limits under his/her control, any Livestock or Domestic Fowl in such a manner that any of same will be quartered closer than 100 feet from any human living quarters measured in a straight line from any direction, whether occupied or unoccupied. Notwithstanding the foregoing, if the human living quarters are the living quarters of the Harborer, then the Livestock or Domestic Fowl must not be quartered closer than 20 feet thereto measured in a straight line from any direction. fb Except as authorized under Section 6.08, no Livestock or Domestic Fowl, shall be permitted to graze, forage or otherwise roam within 100 feet of any neighboring dwelling, residence, or structure used for human occupancy, other than that of the Harborer. 6.08. Harboring Chickens (a) Harboring chickens is allowed in all residential zoning districts. (b) It shall be unlawful to Harbor more than an aggregate of twelve (12) chickens per one (1) enclosure. Only one (1) enclosure shall be permitted on a residential lot that is smaller than one -acre. On lots one -acre or larger, r, it shall be unlawful to Harbor more than an aggregate of twelve (12) chickens, or one (1) chicken per one -eighth acre, whichever is greater. (c) Roosters are prohibited on residential lots that are smaller than two -acres. (d) Enclosures shall not be located in the front yard, and shall not be closer than ten (10) feet from any habitable structure, or side or rear lot line (see Exhibit (e) Harboring chickens in residential districts shall be a secondary or accessory use to the primary residential use of the property. (f) Chicken enclosures on lots smaller than two -acres shall be screened at the property line with a minimum 6-foot screening fence (See Exhibit A). Ord. Amending Part Il, Article IV Animals.doc 3 01-00-17 Exhibit A CATION OF ENCLOSURE Oin. ►GREEN, FETE STREET Ord. Amending Part Il, Article IV Animals.doc 4 01-00-17 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 $2000 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 section, subsection, sentence, clause, and phrase 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 24th day of January, 2017. ATTESTED: APPROVED: City Secretary Carrie Smith Mayor Mike Crist Ord. Amending Part Il, Article IV Animals.doc 5 01-00-17 i Item No. 8. City Council Agenda Staff Report Meeting Date: 1 /24/2017 YOUR} HOMETOWN AGENDAITEM: Consider/Discuss/Action authorizing the General Manager of the Greater Texoma Utility Authority (GTUA) to execute a contract with Corrosion Eliminators LLC for the Sherley Above Ground Storage Tank Rehabilitation Project. (Joseph Johnson) SUMMARY: Council previously granted authorization to bid the Sherley Above Ground Storage Rehabilitation Project. The project includes welding, metal repairs, hatch replacement and new interior and exterior coatings. On January 4, 2017 at 3:00 PM, bids were opened for the Sherley Above Ground Storage Tank Rehabilitation Project. Seven bids were received with Corrosion Eliminators having the low base bid of $69,711. Our engineering consultant (Birkhoff, Hendricks & Carter) has reviewed the bids received, checked references and the contractors ability to perform and has subsequently recommended that the City accept the base bid from Corrosion Eliminators LLC and award a contract to them in the amount of $69,711. The Greater Texoma Utility Authority (GTUA) is administrating this project for us as they are holding the funds for the project on our behalf. The GTUA Board took action on this item at their January 16, 2017 meeting and authorized award of this project to Corrosion Eliminators LLC contingent upon the City of Anna taking similar action. Funds are available for this project in the amount of $113,685.26 using Texas Water Development Board funds that the Greater Texoma Utility Authority is holding on the City of Anna's behalf. STAFF RECOMMENDATION: Staff recommends approval of the Resolution authorizing the General Manager of the Greater Texoma Utility Authority (GTUA) to execute a contract with Corrosion Eliminators LLC for the SherleyAbove Ground Storage Tank Rehabilitation Project. ATTACHMENTS: Description Upload Date Type Resolution 1 /19/2017 Resolution Contract 1 /19/2017 Exhibit Engineer's Recommendation Letter 1/19/2017 Exhibit Bid Tabulation 1 /19/2017 Exhibit Exhibit D 1 /20/2017 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE GENERAL MANAGER OF THE GREATER TEXOMA UTILITY AUTHORITY TO EXECUTE A CONTRACT WITH CORROSION ELIMINATORS LLC FOR THE SHERLEY ABOVE GROUND STORAGE TANK REHABILITATION PROJECT. WHEREAS, the Sherley Above Ground Storage Tank Rehabilitation Project (the "Project") is necessary in order to repair and weld deficiencies in the tank and to provide new interior and exterior coatings; and, WHEREAS, the City Council of the City of Anna, Texas (the City Council) has previously authorized the City Manager to solicit competitive bids for the Project; and, WHEREAS, the City of Anna, having solicited competitive bids in accordance with State law, opened said bids on January 4, 2017 at 3:00 P.M.; and, WHEREAS, Corrosion Eliminators LLC submitted the low base bid having submitted a bid of $67,911.00; and, WHEREAS, the City of Anna's consulting engineer, having reviewed said bids and bidder's qualifications has recommended award of the contract to Corrosion Eliminators LLC; and, WHEREAS, there are funds available for this Project using Texas Water Development Board funds held by the Greater Texoma Utility Authority on the City of Anna's behalf; and, WHEREAS, at their meeting on January 16, 2017, the Board of the Greater Texoma Utility Authority took action and authorized award of this project to Corrosion Eliminators LLC contingent upon the City Council of the City of Anna taking similar action; and, WHEREAS, the City Council desires to authorize the General Manager of the Greater Texoma Utility Authority to award the Project bid to and execute a contract with Corrosion Eliminators LLC 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 Corrosion Eliminators LLC for the Project, attached hereto as Exhibit A, and authorizes, ratifies and approves the Greater Texoma Utility Authority General Manager's execution of the same subject to final RESOLUTION: Sherley AGSR Bid Award PAGE 1 OF 1 1/24/17 legal review and approval by the City Attorney. The Greater Texoma Utility Authority General 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 24t" day of January 2017. ATTEST: APPROVED: City Secretary Carrie L. Smith Mayor Mike Crist RESOLUTION: Sherley AGSR Bid Award PAGE 2 OF 1 1/24/17 QUALIFICATION STATEMENT OF BIDDERS SUBMITTED TO: Greater Texoma Utility Authority Reviewed by: Date Received: CONTRACTOR: CIRCLE ONE: ❑ Sole Proprietor ❑ Partnership NAME: ADDRESS: CITY: PHONE: PRINCIPAL PLACE OF BUSINESS: COUNTY STATE ❑ Corporation ❑ Joint Venture PARTNER: ADDRESS: CITY: PHONE: PRINCIPAL PLACE OF BUSINESS: COUNTY IF THE CONTRACTOR IS A CORPORATION, FILL OUT THE FOLLOWING: STATE OF INCORPORATION: LOCATION OF PRINCIPAL OFFICE: CONTACT PERSONS AT OFFICE: PERSON EXECUTING CONTRACTS ON BEHALF OF CORPORATION: NAME: TITLE: PHONE: NAMES OF OFFICERS: (IF APPLICABLE) ADDRESS: STATE CITY STATE ZIP LIST NUMBER OF EMPLOYEES WORKING FOR CONTRACTOR: LIST ALL EQUIPMENT TO BE USED ON THIS PROJECT: (PLEASE USE ATTACHMENT) NUMBER OF YEARS IN BUSINESS AS A GENERAL CONTRACTOR ON PROJECTS SIMILAR TO THIS PROJECT: TYPE(S) OF WORK DONE: (CIRCLE) ❑ Asphalt Paving ❑ Concrete Paving ❑ Misc. Concrete ❑ Channel Lining ❑ Pump Stations ❑ Storm Sewer ❑ Earth Work ❑ Bridge Work ❑ Demolition ❑ Landscaping ❑ Water & Sanitary Sewer Lines ❑ Steel Erection ❑ Painting ❑ Fog Seal ❑ Chip Seal jklerical\anna\2016-130 sherley gst rehab\specs\contract\06-qualification statement.doc - 1 0 - Qualification Statement 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: OWNER/ENGINEER: YEAR BUILT: CONTACT PERSON: PROJECT: OWNER/ENGINEER: YEAR BUILT: CONTACT PERSON: PROJECT: OWNER/ENGINEER: YEAR BUILT: CONTACT PERSON: PROJECT- OWNER/ENGINEER: YEAR BUILT: CONTACT PERSON: (USE ATTACHMENTS IF NECESSARY) CONTRACT PRICE: PHONE: CONTRACT PRICE: PHONE: CONTRACT PRICE: PHONE: CONTRACT PRICE: PHONE: LIST INCOMPLETE PROJECTS, PLUS THE FOLLOWING INFORMATION FOR EACH PROJECT LISTED: PROJECT- OWNER/ENGINEER: PERCENT COMPLETE: CONTACT PERSON: PROJECT: OWNER/ENGINEER: PERCENT COMPLETE: CONTACT PERSON: CONTRACT PRICE: PHONE: CONTRACT PRICE: PHONE: jklerical\anna\2016-130 sherley gst rehab\specs\contract\06-qualification statement.doc - 11 - Qualification Statement PROJECT: OWNER/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? IF SO, NAME OF OWNER AND/OR SURETY: CONTACT PERSON: PHONE: ARE THERE ANY UNSATISFIED DEMANDS UPON YOU AS TO YOUR ACCOUNTS PAYABLE? IF SO, GIVE NAMES, AMOUNTS, AND EXPLANATIONS: BANK REFERENCE Bank: Address: City: Contact Person: Phone: MUNICIPALITY REFERENCE Contact Person: Address: City: OTHER CREDIT REFERENCES: Name: Address: Phone: State: Position: Phone: Name: Address: Phone: Zip: jklerical\anna\2016-130 sherley gst rehab\specs\contract\06-qualification statement.doc - 1 2 - 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: Title: Company: Date: COPY TO LOCAL UNDERWRITING OFFICE OF PROPOSED SURETY Name: Address: Phone: City: State: j1clerical\anna\2016-130 sherley gst rehab\specs\contract\06-qualification statement.doc - 1 3 - Qualification Statement QUALIFICATION STATEMENT OF BIDDER'S SURETY SUBMITTED TO: Greater Texoma Utility Authority BIDDER: ADDRESS: PHONE: 1. Has this surety furnished contract bonds on contracts now complete? 2. Has this surety furnished contract bonds on contracts now incomplete? 3. What is the maximum bonding capacity of this Contractor? 4. Is the current financial information on this Contractor satisfactory? 5. Does information obtained indicate accounts are paid when due? If not, give details: 6. Is it your opinion that the bidder has sufficient experience and financial resources to satisfactory perform the contract? 7. Provided this bidder does not assume other commitments or that you do not acquire further information that in your opinion will materially affect the bidder's capacity to perform this contract, will you furnish the bonds as specified? REMARKS: SURETY: SIGNED: TITLE: ADDRESS: CITY: PHONE: (IN DUPLICATE) STATE: ZIP: jklerical\anna\2016-130 sherley gst rehab\specs\contract\06-qualification statement.doc - 1 4 - Qualification Statement VENDORS COMPLIANCE TO STATE LAW Texas Government Code, Chapter 2252, Subchapter A provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state Contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section 4 must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident Contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. 0 Non-resident vendors in business, are required to be _ copy of the statute is attached. (give state), our principal place of percent lower than resident bidders by state law. A Non-resident vendors in (give state), our principal place of business, are not required to underbid resident bidders. Our principal place of business or corporate office is in the State of Texas. BIDDER/OFFEROR: Corrosion Elimi Company - Address: 1002 Hwv. 337 LLC Signature: Mineral Wells, Texas 76067 Title - City State Zip Phone: (940) 325-8450 (please print) (please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION jAderical\anna\2016-130 sherley gst rehab\specs\contract\pdf of contract\08-vendors compliance.doc - 25 - Vendors Compliance to State Law CONFLICT OF INTEREST QUESTIONNAIRE jAclericahanna\2016-130 sherley gst rehab\specs\contract\09-conflict of interest.doc - 26 - Conflict Of Interest CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICEUSEONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code Date Received by a person who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the person meets requirements undersection 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person who has a business relationship with local governmental entity. 2 ❑ Checkthis box if you are filing an update to a previously filed questionnaire. (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.) 3 Name of local government officer with whom filer has employment or business relationship. Name of Officer This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001 (1 -a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? F7 Yes F7 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? F]Yes F-1 No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? F7 Yes F-1 No D. Describe each employment or business relationship with the local government officer named in this section. d Signature of person doing business with the governmental entity Date Adopted 06/29/2007 j:\c1erical\anna\2016-130 sherley gst rehab\specs\contract\09-conflict of interest.doc - 27 - Conff1ct of Interest AFFIDAVIT AGAINST PROHIBITED ACTS I hereby affirm that I am aware of the provisions of Texas Penal Code Section 36.02, 36.08, 36.09 and 36.10 dealing with Bribery and Gifts to Public Servants. I further affirm that I will adhere to such rules and instruct and require all agents, employees, and sub -contractors to do the same. I am further aware that any violation of these rules subjects the Contract Agreement for this project to revocation, my removal from bid lists, prohibiting future contract/subcontract work, revocation of permits, and prosecution. Signature ATTEST (if corporation) Date Date jAderical\anna\2016-130 sherley gst rehab\specs\contract\10-affidavit.doc - 28 - Affidavit Against Prohibited Acts PROPOSAL AND BID FORM jAclerical\anna\2016-130 sherley gst rehab\specs\contract\11-p&bs-1.doc - 29 - Proposal and Bid Form PROPOSAL AND BID FORM Proposal of: Corrosion Eliminators, LLC (hereinafter called "Bidder") Address: 1002 Hwy. 337, Mineral Wells, Texas 76067 To the Greater Texoma Utility Authority (hereinafter called "Owner") Deadline for Submission of Sealed Competitive Bid: January 4, 2017 Date of Sealed Bid Opening: January 4, 2017 Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of: CITY OF ANNA - SHERLEY GROUND STORAGE TANK REHABILITATION The project generally includes rehabilitation of a 100,000 Gallon Ground Storage Tank with Additive Alternate of yard piping, including removal and re -coating of the interior and exterior of the tank, along with miscellaneous improvements. for the Greater Texoma Utility Authority, 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 Sixty (60) 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 jAderical\anna\2016-130 sherley gst rehab\specs\contract\11-p&bs-1.doc - 30 - Proposal and Bid Form is signed, the sum per day given in the following schedule, unless otherwise specified in the special provisions, shall be deducted from the monies due the CONTRACTOR: AMOUNT OF CONTRACT Less than $25,000.00 $25,000.00 to $99,999.99 $100,000.00 to $999,999.99 More than $1,000,000.00 AMOUNT OF LIQUIDATED DAMAGES $100.00 Per Day $500.00 Per Day $500.00 Per Day $500.00 Per Day The sum of money thus deducted for such delay, failure or non -completion is not to be considered as a penalty, but shall be deemed, taken and treated as reasonable liquidated damages, per day that the CONTRACTOR shall be in default after the time stipulated in the Contract Agreement for completing the work. The said amounts are fixed and agreed upon by and between OWNER and CONTRACTOR because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the OWNER in such event would sustain; and said amounts are agreed to be the amounts of damages which the OWNER would sustain and which shall be retained from the monies due, or that may become due, the CONTRACTOR under the Contract Agreement; and if said monies be insufficient to cover the amount owing, then the CONTRACTOR or its surety shall pay any additional amounts due. In the event that the actual damages incurred by the OWNER exceed the amount of liquidated damages, OWNER shall be entitled to recover its actual damages. Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with the Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of sixty (60) calendar days from date of bid opening until the date that the project is awarded by the Greater Texoma Utility Authority. 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. jAderical\anna\2016-130 sherley gst rehab\specs\contract\11-p&bs-1.doc - 31 - Proposal and Bid Form Enclosed with this proposal is a Cashier's Check or Certified Check for: 5% Greatest Amount Bid Dollars ($5% GAB), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the Contract Agreement to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Invitation to Bid. The Contractor's attention is called to the fact that any estimate of quantities of work to be done and materials to be furnished under the specifications as shown on the Proposal, or elsewhere, is approximate only and not guaranteed. The Owner does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated quantities, nor shall the Contractor plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work or other conditions pertaining thereto. Payment will be made on actual quantities installed at the unit bid price, and no claim will be made for anticipated profits for any decrease in profits. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is further agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary, in the opinion of the Engineer, to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased are to be performed at the unit bid prices. jAderical\anna\2016-130 sherley gst rehab\specs\contract\11-p&bs-1.doc - 32 - Proposal and Bid Form GREATER TEXOMA UTILITY AUTHORITY City of Anna - Sherley Ground Storage Tank Rehabilitation BID SCHEDULE BASE BID Item Estimated Price in Extended No. Quantity I Unit Description and Price in Words Figures Amount 11 For Blasting & Repainting Interior and Exterior 1 1 L.S. of Tank $ 53,536.00 $ 53,536.00 complete in place, the sum of Fifty -Three Thousand, Five Hundred Thirty -Six Dollars and No Cents Der Lumn Sum 2 1 L.S. Remove & Replace Roof Vent $ 2,000.00 $ 2,000.00 complete in place, the sum of Two Thousand Dollars and No Cents per Lump Sum Enlarge Roof Access Hatch to 30-inch Opening, 3 1 L.S. and Install Hand Rail $ 3,200.00 $ 3,200.00 complete in place, the sum of Three Thousand, Two Hundred Dollars and No Cents Der Lumn Sum 4 15 Hrs. For Remedial Welding (only as needed) $ 85.00 $ 1,275.00 complete in place, the sum of Eighty -Five Dollars and No Cents per Hour Remove & Replace Manway per TCEQ 5 1 L.S. Standards $ 3,500.00 $ 3,500.00 complete in place, the sum of Three Thousand, Five Hundred Dollars and No Cents Der Lumn Sum J:\CLERICAL\Anna\2016-130 Sherley GST Rehab\Specs\Contract\12-P&BS-2.xlsx - 33 - Proposal and Bid Form BASE BID Item Estimated Price in Extended No. Quantity I Unit Description and Price in Words Figures Amount Remove & Replace Interior Ladder, Install Safe- 6 1 L.S. T-Climb Device on Interior $ complete in place, the sum of Five Thousand Dollars and No Cents per Lump Sum 5,000.00 1 $ 5,000.00 Furnish & Install Safe-T-Climb on Existing 7 1 L. S. Exterior Ladder $ 1,000.00 $ 1,000.00 complete in place, the sum of One Thousand Dollars and No Cents per Lump Sum 8 1 L.S. Furnish & Install Pressure Tap $ 200.00 $ 200.00 complete in place, the sum of Two Hundred Dollars and No Cents per Lump Sum AMOUNT OF BASE BID (Items 1 Through 8) 1 $ 69,711.00 11 J:\CLERICAL\Anna\2016-130 Sherley GST Rehab\Specs\Contract\12-P&BS-2.xlsx - 34 - Proposal and Bid Form ADDITIVE ALTERNATE NO. 1 Item Estimate P ' in Extended No. Quantity Unit Description and Price in Words Figures Amount 11 Furnish & Install a i in own on Plan 101 1 L.S. Sheet No. 2 $ 47,800.00 $ 47,800.00 complete in pl e sum of Fo -even Thousand, Eight Hundre Dollars and No Cents per Lump Sum FA06rNT OF ADDITIVE ALTERNATE NO. 1 BID (Item 101) $ 47,80 . SUMMARY OF BID AMOUNT OF BASE BID (Items 1 Through 8) $ 69,711.00 AMOUNT OF ADDITIVE ALTERNATE NO. I BID (Item 101) $ - TOTAL AMOUNT OF BID (Base Bid + Additive Alternate No. 1) $ 69,711.00 7:\CLERICAL\Anna\2016-130 Sherley GST Rehab\Specs\Contract\12-P&BS-2.xlsx - 35 - Proposal and Bid Form BID PROPOSAL FOR CITY OF ANNA SHERLEY GROUND STORAGE TANK REHABILITATION Recapitulations TOTAL BASE BID: $ 69,711.00 Notice of award will be mailed to the undersigned at the following addresses: Corrosion Eliminators, LLC Contractor 1002 Hwy. 337, Mineral Wells, Texas 76067 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. 1 Date: 12/22/2016 No. 2 No. 3 Date: 12/28/2016 Date: 12/30/2016 List Subcontracts (Company name, contact number and type of work): Dow Tec Specialty Contractors 4703 CR 527 Baird, Texas 79504 (325) 893-4684 jAderical\anna\2016-130 sherley gst rehab\specs\contract\13-p&bs-3.doc - 36 - Proposal and Bid Form REQUEST FOR CERTIFICATE OF EXEMPTION FROM TEXAS LIMITED SALES, EXCISE AND USE TAX Date: January 4, 2017 TO: Greater Texoma Utility Authority 5100 Airport Drive Denison, Texas 75020 RE: City of Anna - Sherley Ground Storage Tank Rehabilitation The undersigned Contractor hereby requests a Certificate of Exemption from the Texas Limited Sales, Excise, and Use Tax in the amount of Seventy Thousand and 00/100 ($70,000.00), 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. Corrosion Eliminators, LLC Company By: (please print) Signature: Title: 1002 Hwy. 337 (Seal if a Corporation) Address Mineral Wells, Palo Pinto County, Texas 76067 City, County, State and Zip (940) 325-8450 (940) 325-0502 Telephone Fax jAderical\anna\2016-130 Sherley gst rehab\specs\contract\13-p&bs-3.doc - 37 - Proposal and Bid Form CONTRACT AGREEMENT THIS Sherley Ground Storage Tank Rehabilitation Contract (hereinafter this "Contract Agreement") entered into this day of , 2017 by and between the GREATER TEXOMA UTILITY AUTHORITY, a Texas municipal corporation, ("Owner") and Corrosion Eliminators, LLC ("Contractor"), located at 1002 Hwy. 337,. Mineral Wells, Texas 76067 . WIT NESSETH: WHEREAS, the Owner wishes to contract for the project identified as Sherley Ground Storage Tank Rehabilitation (the "Project"); and WHEREAS, the Project shall include all work and activities necessary to complete the following scope of work (hereinafter referenced as "Work"): Citv of Anna - Sherlev Ground Storaae Tank Rehabilitation in accordance with the Contract Documents as that term is defined herein; and WHEREAS, the Contractor has represented to the Owner 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 Owner has relied upon the above representations by the Contractor; and WHEREAS, the Owner'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; jAderical\annaM16-130 sherley gst rehab\specs\contract\14-contract agreement.doc CA-1 Contract Agreement Certificate of Insurance; 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 Owner, and any other amendments executed by the Owner 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 Owner to execute the Contract and recognizing that the Owner is relying thereon, the Contractor, by executing the Contract, makes the following express representations to the Owner: 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 Owner 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. jAclerical\annaM16-130 sherley gst rehab\specs\contract\14-contract agreement.doc CA-2 Contract Agreement 3.02 Anything that may be required, implied or reasonably inferred by the documents which make up the Contract, or any one or more of them, shall be provided by the Contractor with no increase to the Contract Price; 3.03 Nothing contained in the Contract shall create, nor be interpreted to create, privity or any other relationship whatsoever between the Owner 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 Owner 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 Owner 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 Owner, 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 Owner immediately upon discovery of same for resolution. jAderical\annaM16-130 sherley gst rehab\specs\contract\14-contract agreement.doc CA-3 Contract Agreement Section 4. CONTRACTOR'S PERFORMANCE The Contractor shall perform all of the Work required, implied or reasonably inferable from the Contract including, but not limited to, the following: 4.01 The Contractor will complete the entire Work described in the Contract Documents, except as specifically identified therein as the work of other parties or expressly excluded by specific reference, in accordance with the terms herein. 4.02 The furnishing of any and all required surety bonds and insurance certificate(s) and endorsement(s); 4.03 The provision or furnishing, and prompt payment therefor, of labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, disposal, power, fuel, heat, light, cooling, or other utilities, required for construction and all necessary building permits and other permits or licenses required for the construction of the Project; 4.04 The creation and maintenance of 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 Owner, along with other required submittals upon Completion of the Project, and receipt of same by the Owner shall be a condition precedent to final payment to the Contractor. The Contractor shall prepare and submit final as - built drawings to the Owner. 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 General Manager or the General Manager's designee and shall diligently continue its performance to and until Completion of the Project. The Contractor shall accomplish Substantial Completion (as defined herein below) of the Project not more than Sixty (60) 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 Owner 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 Owner, estimated at the time of executing the Contract. When the Owner reasonably believes that Substantial Completion will be inexcusably delayed, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the Owner 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 Owner has withheld payment, the Owner 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 Owner's consulting architect/engineer or other appropriate independent contractor or representative and approved by the Owner, the Project is at a level of completion in strict jAclerical\annaM16-130 sherley gst rehab\specs\contract\14-contract agreement.doc CA-4 Contract Agreement compliance with the Contract such that the Owner 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 Owner so as to plan its Work in coordinated sequence with the work of the Owner, 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 Owner 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 Owner, 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 Owner, 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 Owner 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 Owner, 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 General Manager within 10 calendar days of the beginning of a delay, obstruction, hindrance or interruption by the Owner. 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 Owner. 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 Owner, 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 jAclerical\annaM16-130 sherley gst rehab\specs\contract\14-contract agreement.doc CA-5 Contract Agreement reasonably requested by the Owner 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 Owner if such delays or hindrances are within the Owner'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 Owner and which the Owner fails to cure after a reasonable period after written notice. (5) Without limitation, the Owner's exercise of its rights under provisions related to changes to the Work, regardless of the extent or number of such changes, or the Owner'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 Owner 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 Sixty -Nine Thousand, Seven Hundred Eleven and 00/100 ($69,711.00). The price set forth in this Section 6.01 shall constitute the Contract Price, which shall not be modified except by Change Order or adjustment pursuant to approved unit prices, if any, as provided in the Contract. 6.02 The Owner shall pay the Contract Price to the Contractor in accordance with the procedures set forth in this Section 6 and as set forth here: (1) On or before the 10th calendar day of each month after commencement of performance, but no more frequently than once monthly, the Contractor may submit a payment request for the period ending the last calendar day of the previous month (the "Payment Request"). Said Payment Request shall be in such format and include whatever supporting information as may be required by the Owner. 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 Owner), less the total amount of previous payments received from the Owner. Payment for materials stored offsite shall be at the discretion of the Owner 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 Owner, and that materials have been purchased and paid for by the Contractor (copies of paid invoices must be submitted to the Owner 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 Owner, 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. jAclerical\annaM16-130 sherley gst rehab\specs\contract\14-contract agreement.doc CA-6 Contract Agreement (2) Amounts reflected in Change Orders may be included in Payment Requests to the extent they are not in dispute and subject to final approval of cost to the Owner for such changes in the work. (3) Each Payment Request shall be signed by the Contractor and shall constitute the Contractor's representation that the quantity of Work has reached the level for which payment is requested, that the Work has been properly installed or performed in strict compliance with the Contract, and that the Contractor knows of no reason why payment should not be made as requested. (4) Thereafter, the Owner 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 Owner less such amounts, if any, otherwise owing by the Contractor to the Owner or which the Owner shall have the right to withhold as authorized by the Contract, subject to approval by the Owner. Approval of the Contractor's Payment Requests shall not preclude the Owner 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 Owner 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 Owner, also furnish to the Owner properly executed waivers of lien or claim, in a form acceptable to the Owner, 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 Owner. 6.03 When payment is received from the Owner, 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 Owner becomes informed that the Contractor has not paid a subcontractor, material man, laborer, or supplier as provided herein, the Owner 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 Owner 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 Owner, 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 Owner 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 Owner, nor any other act or omission by the Owner shall be interpreted or construed as an acceptance of any work of the Contractor not strictly in compliance with the Contract; 6.05 After written notice to the Contractor and a reasonable opportunity to cure, the Owner 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: jAderical\annaM16-130 sherley gst rehab\specs\contract\14-contract agreement.doc CA-7 Contract Agreement (1) The quality of a portion, or all, of the Contractor's work not being in accordance with the requirements of the Contract; (2) The quantity of the Contractor's work not being as represented in the Contractor's Payment Request, or otherwise; (3) The Contractor's rate of progress being such that, in the opinion of the Owner, Substantial Completion may be inexcusably delayed; (4) The Contractor's failure to use Contract funds, previously paid the Contractor by the Owner, 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 Owner 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 Owner, after written notice and a reasonable opportunity to cure as set forth above. In the event that the Owner makes written demand upon the Contractor for amounts previously paid by the Owner as contemplated in this Section 6.05, the Contractor shall promptly comply with such demand. The Owner'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 Owner in writing and shall furnish a listing of those matters, if any, yet to be finished. The Owner will thereupon conduct a site review to confirm that the Project is in fact substantially complete. If the Owner, 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 Owner 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 Owner 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 Owner, incurred for the Owner 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 Owner 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 Owner 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 Owner 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 Owner thereof in writing. Thereupon, the Owner will perform a final site review of the Project. If the Owner concurs that the Project is complete in full accordance with the Contract and that the Contractor has performed all of its obligations to the Owner hereunder, the Contractor will furnish a final Approval for Payment to the Owner certifying to the Owner that the jAclerical\annaM16-130 sherley gst rehab\specs\contract\14-contract agreement.doc CA-8 Contract Agreement Project is complete and the Contractor is entitled to the remainder of the unpaid Contract Price, less any amount withheld pursuant to the Contract. If the Owner 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 Owner from the Contractor's final payment; 6.08 The Owner 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 Owner has exercised any of its rights to investigate or remove. Section 7. INFORMATION AND MATERIAL SUPPLIED BY THE OWNER 7.01 The Owner 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 Owner and for no other purpose. By furnishing such material, the Owner 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 Owner 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 Owner 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 Owner 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 Owner. In the event the Owner issues such instructions to cease and desist, the Contractor must, within seven calendar days of receipt of the Owner's instructions, provide a written, verified plan to eliminate or correct the cause of the Owner's order, which plan appears to the Owner 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 Owner 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 Owner performing such work, which costs may be withheld from amounts due to the Contractor from the Owner. The rights set forth herein are in addition to, and without prejudice to, any other rights or remedies the Owner may have against the Contractor. If Work completed by the Owner or other contractor affects, relates to, is to be attached onto or extended by later Work of the Contractor, the Contractor shall, prior to proceeding with the later Work, and to the extent visible, report any apparent defects or variance from the Contract requirements which would render the Contractor's later Work not in compliance with the Contract requirements or defective or not in compliance with warranties or other obligations of the Contractor hereunder. jAclerical\annaM16-130 sherley gst rehab\specs\contract\14-contract agreement.doc CA-9 Contract Agreement 8.02 The provisions of this section shall be in addition to the Owner'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 Owner: 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 Owner, 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 Owner's independent contractor as to all work it performs under the Contract, and not as an agent, employee, or representative of the Owner; 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 General Manager or the General 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 jAderical\annaM16-130 sherley gst rehab\specs\contract\14-contract agreement.doc CA-10 Contract Agreement If at any time the Owner reasonably determines that any employee of the Contractor is not properly performing the Work in the best interest of the Owner or the Project, or is hindering the progress of the Work, or is otherwise objectionable, the Owner shall so notify the Contractor, which shall replace the employee as soon as possible, at no increased cost to the Owner. 9.07 The Contractor must submit to the Owner the Contractor's schedule for completing the work prior to submittal of the first application for payment. The Owner 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 General Manager or the General 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 Owner. 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 Owner 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 Owner 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 Owner 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 Owner 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 Owner 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 Owner. 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 Owner may complete the cleanup, by its own forces or by separate contract, and shall be entitled to charge the Contractor for same through the collection or withholding of funds through the mechanisms provided elsewhere in this Contract Agreement; jAclerical\annaM16-130 sherley gst rehab\specs\contract\14-contract agreement.doc CA-11 Contract Agreement 9.11 At all times relevant to the Contract, the Contractor shall permit the Owner and its consultants to enter upon the Project site and any offsite lay down areas, safety permitting, and to review or inspect the work and any materials on any such site, without formality or other procedure. 9.12 The Contractor recognizes that the Owner 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 Owner and other contractors hired by the Owner. 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 Owner, 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 Owner 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 Owner, 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 Owner 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 Owner 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 Owner 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 Owner 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 Owner 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 Owner. 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. jAclerical\annaM16-130 sherley gst rehab\specs\contract\14-contract agreement.doc CA-12 Contract Agreement Section 10. INDEMNITY Except for expenses or liabilities arising from the negligence of the Owner, the Contractor hereby expressly agrees to indemnify and hold the Owner 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, Owner and its officers, agents, employees, and consultants from and against any and all liability, damages, losses, (whether in contract or in tort, including personal injury, accidental death or property damage, and regardless, of whether the allegations are false, fraudulent or groundless), and costs (including 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 Owner may immediately terminate or suspend this Contract Agreement. Section 11. CLAIMS BY THE CONTRACTOR Claims by the Contractor against the Owner, 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 Owner shall be initiated by a written claim submitted to the Owner. Notice of such claim shall be received by the Owner 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 Owner within 30 calendar days after notice has been received; 11.02 The Contractor and the Owner 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 Owner, 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 Owner, unless extended by written agreement of the parties. As a condition precedent to the Owner having any liability to the Contractor due to concealed and unknown conditions, the Contractor must give the Owner 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; jAclerical\annaM16-130 sherley gst rehab\specs\contract\14-contract agreement.doc CA-13 Contract Agreement 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 Owner 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 Owner that would result in compensation in excess of the Contract Price, any liability of the Owner 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 Owner 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 Owner. The Owner shall, in writing, state any objections the Owner may have to one or more of such subcontractors. The Contractor shall not enter into a subcontract with an intended subcontractor to whom the Owner objects. If at any time the Owner objects to a subcontractor, the Contractor shall solicit proposals from potential replacements and shall submit the three lowest proposals to the Owner, 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 Owner 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 Owner, contingent upon the termination of the Contract for default or convenience as provided herein, and only as to those subcontracts which the Owner 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 Owner 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 Owner, at the Owner'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 General Manager or the General Manager's express designee shall be the sole authorized representative of the Owner. 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 Owner personnel other than the General 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 Owner may also issue written directions for minor changes in the Work and jAclerical\annaM16-130 sherley gst rehab\specs\contract\14-contract agreement.doc CA-14 Contract Agreement 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 Owner 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 Owner 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 Owner, 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 Owner 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 Owner 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 Owner requires. The Contractor shall promptly submit such documentation and other supporting materials as the Owner may require in evaluating the actual costs incurred or to be incurred. jAderical\annaM16-130 sherley gst rehab\specs\contract\14-contract agreement.doc CA-15 Contract Agreement 13.05 The execution of a Change Order by the Contractor shall constitute conclusive evidence of the Contractor's agreement to the ordered changes in the work, the Contract as thus amended, the Contract Price and the time for performance by the Contractor, regardless of the nature, amount or extent of the changes. The Contractor, by executing the Change Order, waives and forever releases any claim against the Owner 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 Owner, the Contractor's surety or by law. The Contractor's execution of the Change order shall constitute the Contractor's warranty to the Owner 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. jAderical\annaM16-130 sherley gst rehab\specs\contract\14-contract agreement.doc CA-16 Contract Agreement For Change Orders, the total cost or credit to the Owner shall be based on the following schedule: Contractor's Materials Cost + Contractor's Direct Labor Costs + Contractor's Equipment Costs (includes owned/rental equipment)2 + Applicable Subcontractor Costs = Subtotal of Costs to the Contractor + Contractor's Overhead and Profit = Total Cost or Credit to the Owner 13.08 Nothing Contained in this section shall be deemed to contradict or limit the terms of Section 6.05 above. Section 14. DISCOVERING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK 14.01 In the event that the Contractor covers, conceals or obscures its work in violation of the Contract or in violation of an instruction from the Owner, such work shall be uncovered and displayed for review by the Owner and/or its consultants upon request, and shall be reworked at no cost in time or money to the Owner. 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 Owner, be uncovered and displayed for the Owner 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 Owner. Otherwise, such costs shall be borne by the Contractor. 14.03 The Contractor shall, at no cost in time or money to the Owner, correct work rejected by the Owner as defective or failing to conform to the Contract. Additionally, the Contractor shall reimburse the Owner 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 Owner, 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 Owner. 14.06 The Owner 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 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 EE uipment 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 General Manager or the General Manager's designee when machinery and construction equipment not so listed is required. jAclerical\anna\2016-130 sherley gst rehab\specs\contract\14-contract agreement.doc CA-17 Contract Agreement to compensate the Owner for the acceptance of defective or nonconforming work, the Contractor shall, upon written demand from the Owner, pay the Owner 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 Owner 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 Owner agrees that the correction will require more than 10 calendar days to correct. Section 15. OWNER'S RIGHT TO SUSPEND CONTRACTOR'S PERFORMANCE 15.01 In addition to the Owner's rights under Section 8 and elsewhere in this Contract Agreement, the Owner 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 Owner. If any such suspension is directed by the Owner, the Contractor shall immediately comply with same. 15.02 In the event the Owner directs a suspension of performance under this section, through no fault of the Contractor, if the suspension is lifted other than by Termination, the Owner 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 Owner 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 Owner 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 Owner'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 OWNER The Owner may terminate the Contract in accordance with the following terms and conditions: 16.01 Termination for Convenience. The Owner may, when in the interests of the Owner, terminate performance under the Contract by the Contractor, in whole or in part, for the convenience of the Owner. The Owner 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 jAclerical\annaM16-130 sherley gst rehab\specs\contract\14-contract agreement.doc CA-18 Contract Agreement the affected work. The Contractor shall settle the liabilities and claims arising out of the termination of subcontracts and orders. The Owner may direct the Contractor to assign the Contractor's right, title and interest under termination orders or subcontracts to the Owner or its designee. The Contractor shall transfer title and deliver to the Owner 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 Owner specifying the amounts due because of the termination for convenience together with costs, pricing or other data required by the Owner. If the Contractor fails to file a termination claim within six months from the effective date of termination, the Owner 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 Owner'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 Owner, 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 Owner's sole option, and assume possession of the Project site and of all materials and equipment at the site and may complete the work. jAclerical\annaM16-130 sherley gst rehab\specs\contract\14-contract agreement.doc CA-19 Contract Agreement In such case, the Contractor shall not be paid further until the work is complete. After Completion has been achieved, if any portion of the Contract Price, as it may be modified hereunder, remains after the cost to the Owner of completing the work, including all costs and expenses of every nature incurred, has been deducted by the Owner, such remainder shall belong to the Contractor. Otherwise, the Contractor shall pay and make whole the Owner 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 Owner 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 Owner 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 Owner'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 Owner, 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 Owner has been provided to, and approved by, Owner. An appropriate Certificate of Insurance shall be satisfactory evidence of insurance. Until such insurance is no longer required by the Contract, Contractor shall provide Owner with renewal or replacement evidence of insurance at least 30 days prior to the expiration or termination of such insurance. 17.03 Workers' Compensation/Employer's Liability Insurance Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $1,000,000 for each accident. General Liability Insurance Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate. Automobile Liability Insurance Automobile Liability Insurance with bodily injury limits of not less than $1,00,000 for each person and not less than $1,000,000 for each accident, and with property damage limits of not less than $1,000,000 for each accident. 17.04 Contractor shall furnish insurance certificates or insurance policies at the Owner's request to evidence such coverages. Except for workers compensation, the insurance policies shall name jAclerical\annaM16-130 sherley gst rehab\specs\contract\14-contract agreement.doc CA-20 Contract Agreement the Owner 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 Owner 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 Owner 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 Owner the required certificate(s) of insurance and endorsement(s) before Owner 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 Owner may immediately terminate or suspend this Contract Agreement. In the event of any termination or suspension, Owner may use the services of another consultant or consultants, without Owner's incurring any liability to Contractor. 17.09 At its sole discretion, Owner may obtain or renew Contractor insurance, and Owner may pay all or part of the premiums. Upon demand, Contractor shall repay OWNER all monies paid to obtain or renew the insurance. Owner may offset the cost of the premium against any monies due Contractor from Owner. 17.10 The Contractor shall furnish to the Owner 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 Owner 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 Owner, upon the entire Work at the site to the full replacement cost of the completed project. This coverage shall name Owner 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 Owner 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 Owner, and attached hereto, with a Power of Attorney Affidavit, each in an amount not less than the Contract price. jAclerical\annaM16-130 sherley gst rehab\specs\contract\14-contract agreement.doc CA-21 Contract Agreement 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 Owner with evidence satisfactory to the Owner, 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 Owner 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 Owner 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 Owner. 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 Owner. 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 Owner for all bonds required by the Owner, or otherwise listed therein if the form of the Bond is not prescribed by the Owner. 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 Owner and/or its consultants for inspection and copying upon written request by the Owner. Furthermore, said documents shall be made available, upon request by the Owner, 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\annaM16-130 sherley gst rehab\specs\contract\14-contract 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 Owner. Section 22. MISCELLANEOUS PROVISIONS 22.01 Construction Permits. The Owner 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 Owner 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 Owner for any loss, cost or expense incurred by, levied upon or billed to the Owner 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 Owner: Greater Texoma Utility Authority (Owner) Attn: Drew Satterwhite, General Manager 5100 Airport Drive Denison, Texas 75020 If to the Contractor: Corrosion Eliminators, LLC Attn: 1002 Hwv. 337 Mineral Wells, Texas 76067 Phone: (940) 325-8450 jAderical\annaM16-130 sherley gst rehab\specs\contract\14-contract 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 Owner'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. GREATER TEXOMA UTILITY AUTHORITY Drew Satterwhite, General Manager ATTEST: Carolyn Bennett, Administrative Assistant (SEAL) CORROSION ELIMINATORS, LLC (Contractor) MN ATTEST: SECRETARY (SEAL) (name and title of authorized representative) jAderical\annaM16-130 sherley gst rehab\specs\contract\14-contract agreement.doc CA-24 Contract Agreement THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Corrosion Eliminators LLC, PO Box 1546, Mineral Wells, TX 76068-1546 as Principal, hereinafter called the Principal, and FCCI Insurance Company 2435 North Central Expressway, Suite 1000 Richardson, Texas, 75080 (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of Florida as Surety, hereinafter called the Surety, are held and firmly bound unto City of Anna (Here insert full name and address or legal title of Owner) 120 W. Forth St., Anna, TX as Obligee, hereinafter called the Obligee, in the sum of *** FIVE PERCENT OF BID AMOUNT *** Dollars ( 5% ) 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 (Here insert full name, address and description of project) City of Anna Sherley Ground Storage Tank Rehabilitation NOW, THEREFORE, if the Obligee, shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee, in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee, the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee, may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 29th day of December, 2016 Corrosion Eliminators LLC (Principal) (Witness) FCCI Insurance Company -1 miIiiiiiiiii�z 0 n AIA DOCUMENT A310 -BID BOND - AIA® - FEBRUARY 1970 ED -THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE,, N.W , WASHINGTON, D. C. 20006 Printed on Recycled Paper 9/93 (Seal) (Surety) (Seal) (Title) Attorney -in -Fact 10-041508 FCCr GROUP INSURANCE GR©UP More than a policy. A promise. GENERAL POWER OF ATTORNEY Know all men by these presents: That the FCCI Insurance Company, a Corporation organized and existing under the laws of the State of Florida (the "Corporation") does make, constitute and appoint: Staci Gross; Garland Martin; Robbie Martin; Josh Andrajack Each, its true and lawful Attorney -In -Fact, to make, execute, seal and deliver, for and on its behalf as surety, and as its act and deed in all bonds and undertakings provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the sum of (not to exceed $5,000,000): $5,000,000.00 This Power of Attorney is made and executed by authority of a Resolution adopted by the Board of Directors. That resolution also authorized any further action by the officers of the Company necessary to effect such transaction. The signatures below and the seal of the Corporation may be affixed by facsimile, and any such facsimile signatures or facsimile seal shall be binding upon the Corporation when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached. In witness whereof, the FCC[ Insurance Company has caused these presen s to be signed by its duly authorized officers and its corporate Seal to be hereunto affixed, this 22N1 day of September 2011 . Attest: �.° • . Craig'4bhn n, President SEAL ix' Thom a Koval Esq., EVP, Chie Leg31 officer, FCCI nsur ce Company Gov ent Affairs and Corporate Secretary .FiaR4ps , ` FCCI Insurance Company State of Florida County of Sarasota Before me this day personally appeared Craig Johnson, who is personally known to me and who executed the foregoing document for the purposes expressed therein. 100i % AftmAkKw My commission expires: 9/25/2020 tQ& raw.rypAic,smoriwm CuWAVIDa, NOGG t9m NtycWnffi gwnt pift041MA Notary Public State of Florida County of Sarasota Before me this day personally appeared Thomas A. Koval, executed the foregoing document for the purposes expressed therein. a•'+� Arlene OHM My commission expires: 9/25/2020 *Q, Na.yMtk FWrA- Commumommum N•GG 197n �'" a +f Con■+su•wn 6XF*" o9nsm CERTIFICATE Esq., who is personally known to me and who 1, the undersigned Secretary of FCCI Insurance Company, a Florida Corporation, DO HEREBY CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked; and furthermore that the February 24, 2011 Resolution of the Board of Directors, referenced in said Power of Attorney, is now in force. Dated this 9th day of Decembers , 2016 Thoma . Koval, Esq., EVP, Legal Officer, r Gov ent. Affairs and Corporate 1-IONA-3592-NA-04, 8t16 rye SENSITIVE sy�< 0 OocuGard #04546 contains a security pantograph, blue background, heat -sensitive ink, coin -reactive watermark, and micratext printing on border. oFswTry HEAT & ob STATE OF: COUNTY OF: 61orrostall Rtluiflators, hull. A W W A SPECIALISTS P.O. BOX 1546 MINERAL WELLS, TEXAS 76068 Ph: (940) 325-6450 Fax: (940) 325-0502 cei@corrosioneliminators.com Industrial Texas Palo Pinto CORPORATE RESOLUTION Corrosion Eliminators, LLC. Board of Directors held a special meeting on November 3, 2016, and voted unanimously to give Power of Attorney to Ocey G. Dow, for signing as Corrosion Eliminators, LLC. to ratify any and all acts pertaining to all bid documents, contract documents, loan documents and agreements pertaining to said corporation. Corrosion Eliminators, Inc. Mark LeClair President/CEO Corrosion Eliminators, Inc. Mark LeClair Secretary/Treasurer Subscribed and sworn to before me, a Notary Public on this 13th day of December, 2016. Who also acknowledged to me that Ocey G. Dow executed the same for the purpose and consideration therein express. Notary Public .' STATEOFZ�tti,�ryo�a Notary Public, State of Texas My commission expires the 1 It" day of January 2018. BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, that Corrosion Eliminators, LLC (hereinafter called the Principal(s)), as Principal(s), and FCCI Insurance Company (hereinafter called the Surety(s)), as Surety(s), are held and firmly bound unto the GREATER TEXOMA UTILITY AUTHORITY (hereinafter called the Obligee), in the amount of Five Percent of Greatest Amount of Bid (5% G.A.B.) (an amount equal to five percent of the Total Bid Price, including Cash Allowances and Alternate Bids, if any) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted on or about this day a proposal offering to perform the following project: City of Anna - Sherley Ground Storage Tank Rehabilitation NOW, THEREFORE, if the said Principal's bid as stated in its proposal is accepted by the Owner, and said Principal executes and returns to the Owner the number of original counterparts of the Contract Agreement required by the Owner, on the forms prepared by the Owner, 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 Owner for the full amount of this obligation which is hereby acknowledged as the amount of damages which will be suffered by the Owner 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. jAderical\anna\2016-130 sherley gst rehab\specs\contract\15-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 FCCI Insurance Com S u rety *By: Print Name: Robbie Martin Corrosion Eliminators, LLC Principal in Print Name: Title: Attorney -in -Fact Title: Address: 2435 N. Central Expwy., Suite 1000 Richardson. Texas 75080 Phone/Fax: Address: 1002 Hwv. 337 Corrosion Eliminators, LLC Phone/Fax: (940) 325-8450 The undersigned surety company represents that it is duly qualified to do business in Texas and is listed on the U.S. Department of the Treasury list of approved sureties, and hereby designates , an agent resident in County, Texas, to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. FCCI Insurance Company Surety Print Name: Robbie Martin. Attornev-in-Fact /,T'Cltwi 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. jAderical\annaM16-130 sherley gst rehab\specs\contract\15-bonds.doc B-2 Bonds PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that Corrosion Eliminators, LLC (hereinafter called the Principal(s)), as Principal(s), and FCCI Insurance Company (hereinafter called the Surety(s)), as Surety(s), are held and firmly bound unto the GREATER TEXOMA UTILITY AUTHORITY (hereinafter called the Obligee), in the amount of Five Percent of Greatest Amount of Bid (5% G.A.B.) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written Contract Agreement with the Obligee, dated the day of , 2017 for the following project: City of Anna - Sherley Ground Storage Tank Rehabilitation 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. jAderical\anna\2016-130 sherley gst rehab\specs\contract\15-bonds.doc B-3 Bonds IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed this instrument this day of 12017. FCCI Insurance Company Surety Y: Print Name: Title: Atto Robbie Martin n-Fact Address: 2435 N. Central Expwy., Suite 1000 Richardson, Texas 75080 Phone/Fax: Corrosion Eliminators, LLC Principal 0 Print Name: Title: Address: 1002 Hwy. 337 Mineral Wells, Texas 76067 Phone/Fax: (940) 325-8450 The undersigned surety company represents that it is duly qualified to do business in Texas and is listed on the U.S. Department of the Treasury list of approved sureties, and hereby designates , an agent resident in County, Texas, to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. FCCI Insurance Company Surety Print Name: Robbie Martin. Attornev-in-Fact Address: 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. jAderical\annaM16-130 sherley gst rehab\specs\contract\15-bonds.doc B-4 Bonds PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, that Corrosion Eliminators, LLC (hereinafter called the Principal(s)) as Principal(s), and FCCI Insurance Company (hereinafter called the Surety(s)), as Surety(s), are held and firmly bound unto the GREATER TEXOMA UTILITY AUTHORITY (hereinafter called the Obligee), in the amount of: Sixty -Nine Thousand, Seven Hundred Eleven Dollars and 00/100 ($69,711.00) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written Contract Agreement with the Obligee, dated the day of , 2017 for the: City of Anna - Sherley Ground Storage Tank Rehabilitation 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. jAderical\anna\2016-130 sherley gst rehab\specs\contract\15-bonds.doc B-5 Bonds IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed this instrument this day of FCCI Insurance Company Surety *By: Print Name: Title: Atto Robbie Martin -in-Fact Address: 2435 N. Central Expwy., Suite 1000 Richardson, Texas 75080 Phone/Fax: , 2017. Corrosion Eliminators, LLC Principal Print Name: Title: Address: 1002 Hwy. 337 Mineral Wells, Texas 76067 Phone/Fax: (940) 325-8450 The undersigned surety company represents that it is duly qualified to do business in Texas and is listed on the U.S. Department of the Treasury list of approved sureties, and hereby designates , an agent resident in County, Texas, to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. FCCI Insurance Company Surety go Print Name: Robbie Martin, Attorney -in -Fact Address: 2435 N. Central Expwy., Suite 1000 Richardson. Texas 75080 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. jAclerical\annaM16-130 sherley gst rehab\specs\contract\15-bonds.doc B-6 Bonds MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT Corrosion Eliminators, LLC as PRINCIPAL, and FCCI Insurance Company a CORPORATION organized under the laws of the State of Florida as SURETIES, do hereby expressly acknowledge themselves to be held and bound to pay unto the Greater Texoma Utility Authority, a municipal corporation at Denison, Grayson County, Texas the sum of Sixty - Nine Thousand, Seven Hundred Eleven Dollars and 00/100 ($69,711.00) for the payment which sum well and truly to be made until said Greater Texoma Utility Authority 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 Corrosion Eliminators, LLC the Contractor, did on , 2017 enter into a written Contract Agreement with the said Greater Texoma Utility Authority to build and construct: City of Anna - Sherley Ground Storage Tank Rehabilitation in the City of Anna, Texas which Contract Agreement and the Plans and Specifications therein mentioned adopted by the Greater Texoma Utility Authority, 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 GREATER TEXOMA UTILITY AUTHORITY 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. jAderical\anna\2016-130 sherley gst rehab\specs\contract\15-bonds.doc B-7 Bonds IN WITNESS WHEREOF, the said Corrosion Eliminators, LLC (Contractor) has caused these presents to be FCCI Insurance Company (Surety Co.) executed by its ATTORNEY -IN -FACT Robbie Martin and the said ATTORNEY -IN -FACT Robbie Martin has hereunto set his hand this the day of , 2017. FCCI Insurance Compa Surety Print Name: Robbie Martin Title: Attorney -in -Fact Address: 2435 N. Central Expwy., Suite 1000 Richardson. Texas 75080 Phone/Fax: Corrosion Eliminators, LLC Principal In Print Name: Title: Address: 1002 Hwv. 337 Mineral Wells. Texas 76067 Phone/Fax: (940) 325-8450 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. jAderical\annaM16-130 sherley gst rehab\specs\contract\15-bonds.doc B-8 Bonds BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS 11910 Greenville Ave., Suite 600 JOHN W. BIRKI IOFF, 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, RE CRAIG M KERKHOFF. P E Mr. Joseph Johnson Director of Public Works City of Anna 3223 North Powell Parkway Anna, Texas 75409 Dallas, Texas 75243 Fax (214) 461-8390 Phone (214) 361-7900 Re: Sherley Ground Storage Tank Rehabilitation Contractor Recommendation Dear Mr. Johnson: January 10, 2017 We have checked the bids received at 3:00 p.m., Wednesday, January 4, 2017, for the Sherley Ground Storage Tank Rehabilitation project. We are enclosing six (6) copies of the Bid Summary and Itemized Bid Tabulation. Corrosion Eliminators LLC submitted the low base bid in the amount of $69,711.00. We have reviewed their statement of qualifications and references provided and find that Corrosion Eliminators LLC has a record of satisfactorily completing projects similar to this project. Accordingly, based on the information we have available to us, we recommend that the City accept the base bid from Corrosion Eliminators LLC and award them a contract in the amount of 69,711.00 We are available to discuss our recommendation further at your convenience. Sincerely, raig M. PAL khoff, P.E., C.F.M. Enclosures cc: Mr. Philip Sanders Mr. Drew Satterwhite TBPE Firm 526 ACEC Wellness Firm =;�, Better Decisions -Better Designs TBPLS Firm 100318-00 j:\c1erica1\anna\2016-130 sherley gst rehab\lettersWrecommendation docx GREATER TEXOMA UTILITY AUTHORITY City of Anna - Sherley Ground Storage Tank Rehabilitation BID SUMMARY Bids Received at 3:30 p.m., Wednesday, January 4, 2017 Base Bid Additive TOTAL AMOUNT BID Contractor Item 1- 8 Alternate No. 1 Base Bid + Alternate 1. Corrosion Eliminators LLC 1002 Hwy. 337 Mineral Wells, Texas 76067 $ 69,711.00 $ 47,800.00 $ 117,511.00 3. Central Tank Coatings, Inc. 22528 Canoe Rd. Elgin, Iowa 52141 $ 95,700.00 No Bid $ 95,700.00 2. Champion Coatings, Inc. 8246 West 126th Street Savage, MN 55378 $ 104,175.00 $ 25,000.00 $ 129,175.00 4. N. G. Painting, L.P. 1225 Bandera Hwy., Suite A-2 Kerrville, Texas 78028 $ 104,200.00 $ 70,000.00 $ 174,200.00 5. M & M Tank Coating Co. 102 8th Ave. Greeley, CO 80632 $ 151,905.00 $ 39,500.00 $ 191,405.00 6. TMI Coatings, Inc. 3291 Terminal Dr. St. Paul, MN 55121 $ 168,950.00 $ 75,000.00 $ 243,950.00 7. J. R. Stelzer Co. 5850 Russell Dr., Suite 1 Lincoln, Nebraska 68507 $ 228,250.00 $ 40,000.00 $ 268,250.00 J:\CLERICAL\Ama\2016-130 Sherley GST Rehab\Specs\Tech-Spec\12-P&BS-2.xlsx TABULATION OF BIDS Date: January 4, 2017 Project: GREATER TEXOMA UTILITY AUTHORITY BIRKHOFF, HENDRICKS & CARTER, L.L.P. City of Anna - Sherley Ground Storage Tank Rehabilitation PROFESSIONAL ENGINEERS Dallas, Texas BID OF Corrosion Eliminators LLC 1002 Hwy. 337 Mineral Wells, Texas 76067 BID OF Central Tank Coatings, Inc. 22528 Canoe Rd. Elgin, Iowa 52141 BID OF Champion Coatings, Inc. 8246 West 126`h Street Savage, MN 55378 BID OF N. G. Painting, L.P. 1225 Bandera Hwy., Suite A-2 Kerrville, Texas 78028 Item No. Approximate Quantities Unit Description nit J EPrice Extension 1EPrice Unit J Extension 1EUnit J Price Extension Unit Bid EPrice Extension BASE BID 1 1 L.S. For Blasting & Repainting Interior and Exterior of Tank $53,536.00 $ 53,536.00 $62,900.00 $ 62,900.00 $68,000.00 $ 68,000.00 $75,000.00 $ 75,000.00 2 1 L.S. Remove & Replace Roof Vent $2,000.00 $ 2,000.00 $5,000.00 $ 5,000.00 $3,000.00 $ 3,000.00 $4,500.00 $ 4,500.00 3 1 L.S. Enlarge Roof Access Hatch to 30-inch Opening, and Install Hand Rail $3,200.00 $ 3,200.00 $4,000.00 $ 4,000.00 $2,500.00 $ 2,500.00 $7,000.00 $ 7,000.00 4 15 Hrs. For Remedial Welding (only as needed) $85.00 $ 1,275.00 $140.00 $ 2,100.00 $125.00 $ 1,875.00 $100.00 $ 1,500.00 5 1 L.S. Remove & Replace Manway per TCEQ Standards $3,500.00 $ 3,500.00 $10,000.00 $ 10,000.00 $4,800.00 $ 4,800.00 $9,000.00 $ 9,000.00 6 1 L.S. Remove & Replace Interior Ladder, Install Safe-T-Climb Device on Interior $5,000.00 $ 5,000.00 $4,500.00 $ 4,500.00 $4,500.00 $ 4,500.00 $4,500.00 $ 4,500.00 7 1 L.S. Furnish & Install Safe-T-Climb on Existing Exterior Ladder $1,000.00 $ 1,000.00 $2,000.00 $ 2,000.00 $2,500.00 $ 2,500.00 $1,500.00 $ 1,500.00 8 1 L.S. Furnish & Install Pressure Tap $200.00 $ 200.00 $1,200.00 $ 1,200.00 $1,000.00 $ 1,000.00 $1,200.00 $ 1,200.00 AMOUNT OF BASE BID (Items 1 Through 8) $ 69 711.00 $ 91 700.00 $ 88 175.00 S 104 200.00 + Add #3: $ 4,000.00 + Add #3: $ 16,000.00 Total Bid: $ 95,700.00 Total Bid: $ 104,175.00 ADDITIVE ALTERNATE NO. 1 101 1 L.S. Furnish & Install Yard Piping as Shown on Plan Sheet No. 2 $47,800.00 $ 47,800.00 No Bid $ - $25,000.00 $ 25,000.00 $70,000.00 $ 70,000.00 AMOUNT OF ADDITIVE ALTERNATE NO. l BID (Item 101) $ 47 800.00 S $ 25 000.00 $ 70 000.00 SUMMARY OF BID AMOUNT OF BASE BID (Items I Through 8) $ 69,711.00 $ 95,700.00 $ 104,175.00 $ 104,200.00 AMOUNT OF ADDITIVE ALTERNATE NO. 1 BID (Item 101) $ 47,800.00 $ $ 25,000.00 $ 70,000.00 TOTAL AMOUNT OF BID Base Bid + Additive Alternate No. 1) $ 117 511.00 S 95,700.00 $ 129 175.00 $ 174 200.00 JACLERICAUAnna\2016-130 Sherley GST Rehab\Specs\Tech-Spec\12-P&BS-2.xlsx Page 1 Of 2 TABULATION OF BIDS Date: January 4, 2017 Project: GREATER TEXOMA UTILITY AUTHORITY BIRKHOFF, HENDRICKS & CARTER, L.L.P. City of Anna - Sherley Ground Storage Tank Rehabilitation PROFESSIONAL ENGINEERS Dallas, Texas BID OF M & M Tank Coating Co. 102 8`hAve. Greeley, CO 80632 BID OF TMI Coatings, Inc. 3291 Terminal Dr. St. Paul, MN 55121 BID OF J. R. Stelzer Co. 5850 Russell Dr., Suite I Lincoln, Nebraska 68507 Item No. pprox>mate Quantities Unit Description Unit Bid Price Extension Unit Bidmt Price Extension J Price Extension BASE BID 1 1 L.S. For Blasting & Repainting Interior and Exterior of Tank $107,630.00 $ 107,630.00 $133,200.00 $ 133,200.00 $187,000.00 $ 187,000.00 2 1 L.S. Remove & Replace Roof Vent $8,500.00 $ 8,500.00 $7,500.00 $ 7,500.00 $6,000.00 $ 6,000.00 3 1 L.S. Enlarge Roof Access Hatch to 30-inch Opening, and Install Hand Rail $5,500.00 $ 5,500.00 $7,500.00 $ 7,500.00 $10,000.00 $ 10,000.00 4 15 Hrs. For Remedial Welding (only as needed) $75.00 $ 1,125.00 $150.00 $ 2,250.00 $130.00 $ 1,950.00 5 1 L.S. Remove & Replace Manway per TCEQ Standards $9,500.00 $ 9,500.00 $9,000.00 $ 9,000.00 $10,900.00 $ 10,900.00 6 1 L.S. Remove & Replace Interior Ladder, Install Safe-T-Climb Device on Interior $15,000.00 $ 15,000.00 $6,000.00 $ 6,000.00 $10,400.00 $ 10,400.00 7 1 L.S. Furnish & Install Safe-T-Climb on Existing Exterior Ladder $4,500.00 $ 4,500.00 $1,500.00 $ 1,500.00 $1,500.00 $ 1,500.00 8 1 L.S. Furnish & Install Pressure Tap $150.00 $ 150.00 $2,000.00 $ 2,000.00 $500.00 $ 500.00 AMOUNT OF BASE BID (Items 1 Through 8) $ 151 905.00 $ 168 950.00 $ 228 250.00 ADDITIVE ALTERNATE NO. 1 101 1 L.S. Furnish & Install Yard Piping as Shown on Plan Sheet No. 2 $39,500.00 $ 39,500.00 $75,000.00 $ 75,000.00 $40,000.00 $ 40,000.00 AMOUNT OF ADDITIVE ALTERNATE NO. l BID (Item 101) $ 39 500.00 $ 75 000.00 $ 40 000.00 SUMMARY OF BID AMOUNT OF BASE BID (Items I Through 8) $ 151,905.00 $ 168,950.00 $ 228,250.00 AMOUNT OF ADDITIVE ALTERNATE NO. 1 BID (Item 101) $ 39,500.00 $ 75,000.00 $ 40,000.00 TOTAL AMOUNT OF BID Base Bid + Additive Alternate No. 1) $ 191 405.00 $ 243 950.00 $ 268 250.00 JACLERICAUAnna\2016-130 Sherley GST Rehab\Specs\Tech-Spec\12-P&BS-2.xlsx Page 2 Of 2 GREATER TEXOMA UTILITY AUTHORITY Date: 01 / 19/ 17 Re: Award of Contract for the Shertey GST Dear Mr. Johnson: 5100 AIRPORT DRIVE DENISON, TEXAS 75020-8448 903/786-4433 FAX: 903/786-8211 www.gtua.org As you are aware, the City of Anna requested the Authority's assistance in 2007 with financing some water system improvements projects on their behalf. The water projects that debt was issued for are complete and the City has requested to use the remaining funds for this rehabilitation project. There were seven (7) bids received on January 4, 2017. Below, is a summary of the seven (7) General Contractor bids received: Contractor Price Corrosion Eliminators $ 69,711.00 Cer:tral Tank Coatings $ 95,700.00 Ch�.mpion Coatings $ 104,175.00 N.G. Painting $ 104,200.00 M&M Tank Coating $ 151,905.00 TMI Coatings $ 168,950.00 J.R. Stelzer $ 228,250.00 The low bid was submitted Corrosion Eliminators, LLC in the amount of $69,711.00. The Engineer, Birkhoff Hendricks and Carter, has submitted a recommendation which reflects that Corrosion Eliminators, LLC has the necessary skillset and experience to satisfactorily complete this project. Based upon the project engineer's recommendation, the Authority Board authorized award of contract at their January 16,2017 meeting. This award was contingent upon the City of Anna taking similar action. With that said, I am requesting that the City of Anna Council consider authorizing award of contract to Corrosion Eliminators, LLC in the amount of $69,711.00 for the construction of the City of Anna Sherley GST Improvements Project Sincerely, Drew Satterwhite, P.E. General Manager Greater Texoma Utility Authority i Item No. 9. City Council Agenda Staff Report Meeting Date: 1 /24/2017 YOUR} HOMETOWN AGENDAITEM: Consider/Discuss/Action on a Resolution Approving Interlocal Agreements with the cities of Van Alstyne and Howe regarding purchase of water (City Manager) 6*11hT1 hT 1_ YA As a members of the Collin Grayson Municipal Alliance (CGMA), the cities of Anna, Melissa, Van Alstyne, and Howe each have a minimum take or pay (MT/P) agreement with the Greater Texoma Utility Authority and the North Texas Municipal Water District for the purchase of 59,312,500 gallons of treated surface water annually. For the water year ended July 31 st, 2016 both Melissa and Anna used water well in excess of their MT/P amounts. The City of Anna exceeded our MT/P amount by 93,034,600 gallons. The cities of Van Alstyne and Howe did not use any their surface water MT/P amount and have excess capacity available. Whenever a city exceeds the MT/P amount during a water year, the MT/P for the next year resets to the amount used during the previous water year. In order to minimize the increase in our MT/P for the 2017 water year, the City of Anna has the option to purchase a portion of the unused MT/P from the cities of Van Alstyne and Howe for the 2016 water year. In previous years, the City of Anna has sold excess MT/P capacity to the City of Melissa; however, the growth of the City has necessitated us using surface water in excess of our MT/P amount for the past two water years. The cities of Van Alstyne and Howe are willing to sell a portion of their MT/P capacity to the City of Anna. Details of the methodology to determine the rate and the gallons are in the attached memo (Exhibit A, MT/P Concept Report) presented to CGMA city Mayors last month. If approved, the attached ILA's will authorize the purchase of 29,656,250 gallons each from the cities of Van Alstyne and Howe for a total cost of $83,037.50. An agreement to purchase excess MT/P water from Van Alstyne and Howe for the 2016 water year will reduce the increase in the City of Anna's MT/P obligation for the 2017 water year. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution and Interlocal Agreements with the cities of Van Alstyne and Howe. ATTACHMENTS: Description Resolution Authorizing Inter -local Agreements Exhibit 1, Van Alstyne I nter-local Agreement Exhibit 2, Howe Inter -local Agreement Exhibit A, MT/P Concept Report Upload Date Type 1 /18/2017 Resolution 1 /18/2017 Exhibit 1 /18/2017 Exhibit 1 /18/2017 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION RELATED TO TWO INTER -LOCAL AGREEEMNTS BETWEEN THE CITIES OF ANNA AND VAN ALSTYNE, AND THE CITIES OF ANNA AND HOWE IN WHICH VAN ALSTYNE AND HOWE AGREE TO TRANSFER A PORTION OF THEIR RESPECTIVE CONTRACTUAL MINIMUM TAKE OR PAY WATER OBLIGATION WITH THE GREATER TEXOMA UTILITY AUTHORITY TO THE CITY OF ANNA IN EXCHANGE FOR AN AGREED PAYMENT FROM ANNA AND AUHORIZING THE EXECUTION AND ADMINISTRATION OF SAID INTER -LOCAL AGREEMENTS WHEREAS, the Cities of MELISSA, ANNA, VAN ALSTYNE, and HOWE have previously authorized and executed agreements with the Greater Texoma Utility Authority for a surface water supply system to be planned, funded, constructed, and operated by GTUA, including the payment of monthly minimum take or pay water purchase provisions necessary to fund said water transmission system and purchase of potable water; and WHEREAS, the Cities VAN ALSTYNE and HOWE have chosen to not accept delivery of some or all of the required water through the end of the 2016 water year (ended July 31, 2016) and each of said Cities desire to transfer a portion of its respective and obligated minimum take or pay for said 2016 water year to the City of ANNA for consideration detailed in an inter -local agreement; and WHEREAS, the City of ANNA has indicated interest in purchasing a portion of the minimum take or pay from the Cities of VAN ALSTYNE and HOWE for the water year ended July 31, 2016 as explained in a report memorandum to the City Managers / Administrators of the Cities of Melissa, Anna, Van Alstyne, and Anna dated November 30, 2016 by Donald E. Paschal, Jr., consultant to said cities, which memorandum is attached to the respective Inter -local agreements for each specified City as "Exhibit A"; and WHEREAS, it is acknowledged that a companion or similar agreement is contemplated between the CGMA-GTUA Purchasing Cities of Melissa and Anna and the CGMA- GTUA Selling Cities of Van Alstyne and Howe. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: SECTION 1: The City Council of the City of Anna authorizes the City Manager to execute inter -local agreements with the Cities of Van Alstyne and Howe, attached and incorporated herein as Exhibit 1 and Exhibit 2 respectively, under the terms detailed in said inter -local agreements, each of which provides for the following: A. Receiving the transfer of a portion of said selling City's GTUA required minimum take or pay to Anna as provided for in the respective Inter -local Agreement. B. Paying the invoice submitted by the respective selling City for the agreed portion of the 2016 water year minimum take or pay specified in the inter -local agreement as provided for in said inter -local agreement. SECTION 2: It is specifically provided that the participating cities shall have the right to verify quantities of water with the GTUA prior to final consummation of the attached agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 24tn day of January, 2017. ATTEST: -C• D City Secretary Carrie L. Smith Mayor Mike Crist INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF ANNA, TEXAS AND THE CITY OF VAN ALSTYNE, TEXAS FOR PURCHASE AND CORRESPONDING SALE OF A PORTION OF THE SELLING CITIES MINIMUM TAKE OR PAY OBLIGATION UNDER THE GTUA- CITIES OF MELISSA, ANNA, VAN ALSTYNE, AND HOWE POTABLE WATER SUPPLY CONTRACT THIS AGREEMENT is made and entered by and between the CITY OF ANNA, TEXAS, a Texas Home -Rule Municipal Corporation, hereinafter referred to as "Anna", and CITY OF VAN ALSTYNE, TEXAS, a Texas General Law City hereinafter referred to as "Van Alstyne", collectively referred to herein as the "Cities", as follows: WITNESSETH: WHEREAS, both Anna and Van Alstyne are political subdivisions within the meaning of Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended (the "Act"); and WHEREAS, the Act provides authority for entities such as Anna and Van Alstyne to enter into inter -local agreements with each other to perform governmental functions and services as set forth in the Act; and WHEREAS, each of the Cities has previously entered into an agreement with the Greater Texoma Utility Authority, hereinafter referred to as "GTUA" for the planning, construction, funding, and operations of a surface water supply system to serve the collective Contract Cities of Melissa, Anna, Van Alstyne, and Howe, which agreement specifies the obligations of each participant; and WHEREAS, each of said Cities has entered an Amended and Restated Contract for Water Supply providing that from the time water has been delivered to each Participating City for one month and forward, on a monthly basis, each Participating City shall be charged for water at the greater of its minimum take -or -pay amount (MT-P) under the Potable Water Supply Contract made and entered between such Participating City and GTUA; and WHEREAS, for the water year 2015-2016 ended July 31, 2016 as provided for in said water purchase agreements, including the North Texas Municipal Water District, hereinafter referred to as "NTMWD" standard water purchase agreement, only the Cities of Melissa, and Anna received delivery of water which equaled or exceeded the individual City required MT-P; and WHEREAS, the Contract Cities of Melissa, Anna, Van Alstyne, and Howe have a multi- year precedent of the referenced Minimum Take or Pay Buy -Sell concept as referenced herein and as is further referenced and detailed in "Exhibit A" attached hereto for reference in establishing the buy -sell rate; and WHEREAS, the Cities Van Alstyne and Howe are desirous of selling to Melissa and Anna a portion of their unused MT-P and Melissa and Anna are willing to purchase a portion of MT-P Transfer agreement for 2016 water year — Anna / Van Alstyne - Page 1 the unused minimum MT-P as defined in this agreement and detailed in "Exhibit A" thus allowing Van Alstyne and Howe to recover a portion of the purchased but unused MT-P for the stated water year; and WHEREAS, the background of the above noted agreements, volumes, rates, and circumstances are further detailed in the November 30, 2016 memorandum attached hereto for reference and labeled "Exhibit A". NOW, THEREFORE, ANNA and VAN ALSTYNE, for and in consideration of the recitals set forth above and terms and conditions below, agree as follows: I. TERM This Agreement shall apply to the NTMWD water year ended July 31, 2016 and shall be executed and consummated in full between December 1, 2016 and January 31, 2017 and shall not apply to subsequent water volumes or water years unless said Cities so authorize by subsequent agreement. II. AGREEMENT The Cities agree that VAN ALSTYNE shall transfer 29,656,250 gallons (29,656.25 one thousand gallon increments) of MT-P water to ANNA for the water year ended July 31, 2016 and ANNA shall remit to VAN ALSTYNE a payment for said transfer of MT-P at the rate of $1.40 per thousand gallons totaling in the sum of $41,518.75 as payment in full for said portion of VAN ALSTYNE's MT-P. Following execution of this agreement, VAN ALSTYNE shall submit to ANNA an invoice for the transfer of the described MT-P for the above stated sum and ANNA shall remit payment for said transfer within fifteen (15) days of receipt of said invoice, it being the intent that this transaction shall be completed on or before January 31, 2017, although it is specifically provided that completion of said invoicing and payment after said date shall not invalidate any portion of this agreement, it being the intent however to complete said transaction by the stipulated date. III. RESPONSIBILITIES OF THE PARTIES 1. The respective City Councils of ANNA and VAN ALSTYNE shall each approve an interlocal agreement authorizing the sale / purchase of MT-P as described herein and further detailed in the attached Exhibit A. 2. VAN ALSTYNE, following approval of the interlocal agreement by each party thereto shall submit to ANNA an invoice for the referenced gallons of MT-P water detailed above in Section II and in the stipulated amount. 3. ANNA shall remit to VAN ALSTYNE the above stated payment for the transferred MT- P within fifteen (15) working days of the receipt of referenced invoice. 4. Any party hereto wishing to verify the metered quantities of water or the portion of the minimum take or pay to which this agreement refers shall be entitled to verification subject to MT-P Transfer agreement for 2016 water year — Anna / Van A]styne - Page 2 said verification being completed prior to the submission of the invoice referenced in item III — 2 above. Should GTUA verification indicate a different volume of minimum take or pay than referenced herein, the parties hereto shall modify said quantity and the resultant payment for said quantity of minimum take or pay prior to the invoicing and payment phase (item III — 2 & 3 above). IV. TERMINATION C. The Cities recognize that this Agreement shall commence upon the effective date herein and continue in full force and effect until termination in accordance with its provisions. Anna and Van Alstyne herein recognize that the continuation of any contract after the termination of this agreement or impacting any future water year shall be subject to City Council approval for each City, respectively. Following termination of this agreement, or should either City fail to execute this agreement, there shall be no further commitment hereunder. V. RELEASE AND HOLD HARMLESS Anna and Van Alstyne, to the extent authorized under the constitution and laws of the State of Texas, agree to be responsible for their own acts of negligence which may arise in connection with any and all claims for damages, cost, and expenses to person or persons and property that may arise out of or be occasioned by this Agreement. In the event of joint and concurrent negligence, Anna and Van Alstyne agree that responsibility shall be apportioned comparatively. This obligation shall be construed for the benefit of the parties hereto, and not for the benefit of any third parties, nor to create liability for the benefit of any third parties, nor to deprive the parties hereto of any defenses each may have as against third parties under the laws and court decisions of the State of Texas. VI. AUTHORITY TO SIGN The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto. The Cities have executed this Agreement pursuant to the authority granted by its governing body. IX. SEVERABILITY The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held to be contrary to the law or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of the Agreement. However, upon the occurrence of such event, either party may terminate this Agreement by giving the other party thirty (30) days written notice. MT-P Transfer agreement for 2016 water year — Anna / Van A]styne - Page 3 X. VENUE This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The parties agree that this Agreement shall be enforceable in Collin County, Texas, and, if legal action is necessary, exclusive venue shall lie in Collin County, Texas. XI. INTERPRETATION OF AGREEMENT It is acknowledged that this is a negotiated document. Should any part of this Agreement be in dispute, the Cities agree that the Agreement shall not be construed more favorably for either City. XII. REMEDIES No right or remedy granted herein or reserved to the parties is exclusive of any right or remedy granted by law or equity; but each shall be cumulative of every right or remedy given hereunder. No covenant or condition of this Agreement may be waived without the express written consent of the parties. It is further agreed that one (1) or more instances of forbearance by either party in the exercise of its respective rights under this Agreement shall in no way constitute a waiver thereof. XIII. SUCCESSORS AND ASSIGNS The parties each bind themselves, their respective successors, executors, administrators and assigns to the other party to this contract. Neither party will assign, sublet, subcontract or transfer any interest in this Agreement without the prior written consent of the other party. No assignment, delegation of duties or subcontract under this Agreement will be effective without the written consent of both parties. MT-P Transfer agreement for 2016 water year — Anna / Van A]styne - Page 4 IN WITNESS WHEREOF, the parties have executed this Agreement by signing below. Date: APPROVED AS TO FORM: CITY ATTORNEY Date: APPROVED AS TO FORM CITY ATTORNEY CITY OF ANNA, TEXAS Lo Philip Sanders City Manager CITY OF VAN ALSTYNE, TEXAS Un Frank Baker City Manager MT-P Transfer agreement for 2016 water year — Anna / Van A]styne - Page 5 ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the day of , 2016, by of the City of Anna, Texas, a Texas Home -Rule Municipal Corporation, on behalf of said municipality. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF GRAYSON § This instrument was acknowledged before me on the day of , 2016, by , of the City of Van Alstyne, Texas, a Texas General Law City, on behalf of said municipality. Notary Public, State of Texas Exhibit A Attach copy of November 30, 2016 memorandum from Donald E. Paschal, Jr. to CGMA City Managers regarding the subject: Sale of GTUA-CGMA Minimum Take or Pay to Participant City MT-P Transfer agreement for 2016 water year — Anna / Van A]styne - Page 6 INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF ANNA, TEXAS AND THE CITY OF HOWE, TEXAS FOR PURCHASE AND CORRESPONDING SALE OF A PORTION OF THE SELLING CITIES MINIMUM TAKE OR PAY OBLIGATION UNDER THE GTUA- CITIES OF ANNA, ANNA, VAN ALSTYNE, AND HOWE POTABLE WATER SUPPLY CONTRACT THIS AGREEMENT is made and entered by and between the CITY OF ANNA, TEXAS, a Texas Home -Rule Municipal Corporation, hereinafter referred to as "Anna", and CITY OF HOWE, TEXAS, a Texas General Law City hereinafter referred to as "Howe", collectively referred to herein as the "Cities", as follows: WITNESSETH: WHEREAS, both Anna and Howe are political subdivisions within the meaning of Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended (the "Act'); and WHEREAS, the Act provides authority for entities such as Anna and Howe to enter into inter -local agreements with each other to perform governmental functions and services as set forth in the Act; and WHEREAS, each of the Cities has previously entered into an agreement with the Greater Texoma Utility Authority, hereinafter referred to as "GTUA" for the planning, construction, funding, and operations of a surface water supply system to serve the collective Contract Cities of Melissa, Anna, Van Alstyne, and Howe, which agreement specifies the obligations of each participant; and WHEREAS, each of said Cities has entered an Amended and Restated Contract for Water Supply providing that from the time water has been delivered to each Participating City for one month and forward, on a monthly basis, each Participating City shall be charged for water at the greater of its minimum take -or -pay amount (MT-P) under the Potable Water Supply Contract made and entered between such Participating City and GTUA; and WHEREAS, for the water year 2015-2016 ended July 31, 2016 as provided for in said water purchase agreements, including the North Texas Municipal Water District, hereinafter referred to as "NTMWD" standard water purchase agreement, only the Cities of Melissa, and Anna received delivery of water which equaled or exceeded the individual City required MT-P; and WHEREAS, the Contract Cities of Melissa, Anna, Van Alstyne, and Howe have a multi- year precedent of the referenced Minimum Take or Pay Buy -Sell concept as referenced herein and as is further referenced and detailed in "Exhibit A" attached hereto for reference in establishing the buy -sell rate; and WHEREAS, the Cities Van Alstyne and Howe are desirous of selling to Melissa and Anna a portion of their unused MT-P and Melissa and Anna are willing to purchase a portion of the unused minimum MT-P as defined in this agreement and detailed in "Exhibit A" thus MT-P Transfer agreement for 2016 water year — Anna / Howe - Page allowing Van Alstyne and Howe to recover a portion of the purchased but unused MT-P for the stated water year; and WHEREAS, the background of the above noted agreements, volumes, rates, and circumstances are further detailed in the November 30, 2016 memorandum attached hereto for reference and labeled "Exhibit A". NOW, THEREFORE, ANNA and HOWE, for and in consideration of the recitals set forth above and terms and conditions below, agree as follows: I. TERM This Agreement shall apply to the NTMWD water year ended July 31, 2016 and shall be executed and consummated in full between December 1, 2016 and January 31, 2016 and shall not apply to subsequent water volumes or water years unless said Cities so authorize by subsequent agreement. II. AGREEMENT The Cities agree that HOWE shall transfer 29,656,250 gallons (29,656.25 one thousand gallon increments) of MT-P water to ANNA for the water year ended July 31, 2016 and ANNA shall remit to HOWE a payment for said transfer of MT-P at the rate of $1.40 per thousand gallons totaling in the sum of $41,518.75 as payment in full for said portion of HOWE's MT-P. Following execution of this agreement, HOWE shall submit to ANNA an invoice for the transfer of the described MT-P for the above stated sum and ANNA shall remit payment for said transfer within fifteen (15) days of receipt of said invoice, it being the intent that this transaction shall be completed on or before January 31, 2017, although it is specifically provided that completion of said invoicing and payment after said date shall not invalidate any portion of this agreement, it being the intent however to complete said transaction by the stipulated date. III. RESPONSIBILITIES OF THE PARTIES 1. The respective City Councils of ANNA and HOWE shall each approve an interlocal agreement authorizing the sale / purchase of MT-P as described herein and further detailed in the attached Exhibit A. 2. HOWE, following approval of the interlocal agreement by each party thereto shall submit to ANNA an invoice for the referenced gallons of MT-P water detailed above in Section II and in the stipulated amount. 3. ANNA shall remit to HOWE the above stated payment for the transferred MT-P within fifteen (15) working days of the receipt of referenced invoice. 4. Any party hereto wishing to verify the metered quantities of water or the portion of the minimum take or pay to which this agreement refers shall be entitled to verification subject to said verification being completed prior to the submission of the invoice referenced in item III — 2 above. Should GTUA verification indicate a different volume of minimum take or pay than MT-P Transfer agreement for 2016 water year — Anna / Howe - Page 2 referenced herein, the parties hereto shall modify said quantity and the resultant payment for said quantity of minimum take or pay prior to the invoicing and payment phase (item III — 2 & 3 above). IV. TERMINATION C. The Cities recognize that this Agreement shall commence upon the effective date herein and continue in full force and effect until termination in accordance with its provisions. Anna and Howe herein recognize that the continuation of any contract after the termination of this agreement or impacting any future water year shall be subject to City Council approval for each City, respectively. Following termination of this agreement, or should either City fail to execute this agreement, there shall be no further commitment hereunder. V. RELEASE AND HOLD HARMLESS Anna and Howe, to the extent authorized under the constitution and laws of the State of Texas, agree to be responsible for their own acts of negligence which may arise in connection with any and all claims for damages, cost, and expenses to person or persons and property that may arise out of or be occasioned by this Agreement. In the event of joint and concurrent negligence, Anna and Howe agree that responsibility shall be apportioned comparatively. This obligation shall be construed for the benefit of the parties hereto, and not for the benefit of any third parties, nor to create liability for the benefit of any third parties, nor to deprive the parties hereto of any defenses each may have as against third parties under the laws and court decisions of the State of Texas. VI. AUTHORITY TO SIGN The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto. The Cities have executed this Agreement pursuant to the authority granted by its governing body. W. SEVERABILITY The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held to be contrary to the law or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of the Agreement. However, upon the occurrence of such event, either party may terminate this Agreement by giving the other party thirty (30) days written notice. X. VENUE MT-P Transfer agreement for 2016 water year — Anna / Howe - Page 3 This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The parties agree that this Agreement shall be enforceable in Collin County, Texas, and, if legal action is necessary, exclusive venue shall lie in Collin County, Texas. XI. INTERPRETATION OF AGREEMENT It is acknowledged that this is a negotiated document. Should any part of this Agreement be in dispute, the Cities agree that the Agreement shall not be construed more favorably for either City. XII. REMEDIES No right or remedy granted herein or reserved to the parties is exclusive of any right or remedy granted by law or equity; but each shall be cumulative of every right or remedy given hereunder. No covenant or condition of this Agreement may be waived without the express written consent of the parties. It is further agreed that one (1) or more instances of forbearance by either party in the exercise of its respective rights under this Agreement shall in no way constitute a waiver thereof. XIII. SUCCESSORS AND ASSIGNS The parties each bind themselves, their respective successors, executors, administrators and assigns to the other party to this contract. Neither party will assign, sublet, subcontract or transfer any interest in this Agreement without the prior written consent of the other party. No assignment, delegation of duties or subcontract under this Agreement will be effective without the written consent of both parties. MT-P Transfer agreement for 2016 water year — Anna / Howe - Page 4 IN WITNESS WHEREOF, the parties have executed this Agreement by signing below. Date: APPROVED AS TO FORM: CITY ATTORNEY Date: CITY ATTORNEY CITY OF ANNA, TEXAS Philip Sanders City Manager CITY OF HOWE, TEXAS jr By: a Joe Shiphard City Administrator r.. r r;= �.M MT-P Transfer agreement for 2016 water year — Anna / Howe - Page 5 ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on the day of 2016, by of the City of Anna, Texas, a Texas Home -Rule Municipal Corporation, on behalf of said municipality. Notary Public, State of Texas STATE OF TEXAS COUNTY OF GRAYSON § This nstrum nt was acknowledged before me on the � day of �}PCr�jL r 2016, by ''f , 1p7fyj-kj-, of the City of Howe, Texas, a Texas General Law City, on behalf of sai municipality. Notary Public, Stat o Texas Exhibit A Attach copy of November 30, 2016 memorandum from Donald E. Paschal, Jr. to CGMA City Managers regarding the subject: Sale of GTUA-CGMA Minimum Take or Pay to Participant City MT-P Transfer agreement for 2016 water year — Anna / Howe - Page 6 DONALD E. PASCHAL, JR. 904 Parkwood Court McKinney, TX 75070 Tel. & FAX 972.529.1325 email: don@paschalconsulting.com To: CGMA City Managers Subject: Sale of GTUA-CGMA Minimum Take or Pay to Participant City Date: November 30, 2016 Both Melissa and Anna used water in excess of their required GTUA-CGMA minimum take or pay (MT/P) through the North Texas Municipal Water District (NTMWD) agreement for the water year ended July 31, 2015. Based on the precedent initiated in 2010 and continued through 2013, a member City may acquire a portion of the MT/P from other CGMA member Cities at an agreed price. If there were no other source of water, the price would be the standard CGMA-GTUA price based on the MT/P, unless the purchasing city had exceeded its MT/P. In the case of both Melissa and Anna, however, both have significantly exceeded their MT/P. Once a city exceeds their MT/P for any year, they have the right by contract to acquire additional water under the NTMWD excess rate for the applicable water year. Or, in the case of Melissa, they could intentionally choose to shift the use to either the GTUA / CGMA meter or to their previously existing supply meter with NTMWD (hereinafter referenced as the original NTMWD meter) which would be at a lesser cost per 1000 gallons or they (Melissa) could choose to shift consumption to the GTUA-CGMA meter to use some of the other cities Minimum Take or Pay (MT-P) if the cost were attractive. In past years, until 2015), the reduced cost has been the average price between that which they would have paid if taken from the original NTMWD meter and the GTUA-NTMWD rate. In 2015, however, Melissa and Anna both exceeded their MT/P thus affording them the option of buying NTMWD water at the excess water rate. The excess water rate is the easiest option to understand and to calculate; additionally, it was the methodology used in the buy - sell agreements for the 2015 water year (one year ago). This action has allowed other CGMA Cities an opportunity to recoup a portion of the MT/P water cost paid during the water year. For the recently completed 2016 water year (ended July 31, 2016) both Melissa and Anna exceeded their MT/P sufficiently to purchase 100% of the other two cities (Van Alstyne and Howe) MT/P. The details of the proposed transaction are provided below; the explanation and process are intended to be as simple as possible. The basic concept is that two CGMA Cities (Van Alstyne and Howe) sell 100% of their MT/P since neither used any water in the 2016 water year, to Melisa and Anna at the excess water price / cost of that water as detailed below; this summary is an update of the same document from last year. The 2016 water year is the first time that the full CGMA (all four cities) MT/P was used, and more significantly, the two user cities used enough extra water over their MT/P to purchase 100% of the two non -user cities' MT/P. Background: • Minimum Take or Pay / City - CGMA City MT/P: The base MT/P water purchase for the 2016 water year (minimum contract provision that the GTUA-CGMA system has with NTMWD for water) was a total of 237,250,000 gallons of water annually (MT/P amount) which represents 237,250 one -thousand gallon increments (K gals). Each CGMA City is responsible for 59,312.5 K gals plus pumping and related cost). Once all four CGMA Cities reach the MT/P, or when any combination 2 of cities exceed the total CGMA MT/P volume for the subject water year, the excess water is charged to that respective City or cites at the cost then in effect for excess volumes (plus proportionate pumping and related costs) over the 59,312,500 gallon volume which is the responsibility of each City. A blend of the base rate and the District excess water rate would allow the cities to acquire water at an attractive rate if the MT-P was exceeded for the applicable water year. When the MT/P is exceeded, a new MT/P is established for the subsequent year. By acquiring unused MT/P, the purchasing cities are allowing the selling cities to recoup a portion of the cost they paid during the water year for their obligated MT/P plus the intra CGMA buy -sell arrangement helps to keep the total CGMA MT/P at a lower level thus facilitating the continued buy -sell arrangement for future years and keeping the total MT/P at a lower level for all. • 2015-2016 water year take - For the recently ended water year, only Melissa and Anna have taken their respective full MT-P water. For the water year ended July 31, 2016, Melissa and Anna took water through most of the year and with growth both have experienced will continue to take water year round for future years. Neither Van Alstyne nor Howe took any water in the 2016 water year; it is expected that Van Alstyne will begin taking water in the fall of 2016 and is likely to take water for about 80% of the 2016417 water year. No target date has yet been set for Howe to take water. During the 2016 water year ground water supplies continued to provide a significant portion of the water used by Anna and all of the water used by Van Alstyne and Howe; ground water will continue to be used by these cities in the 2017 water year although it is expected that ground water will be used to accommodate growth less than surface water. • Break out of Maintenance Water - In an effort to assure equity in charges, the impact of user flushing or maintenance water was adjusted. It is also noted the volume of flushing and maintenance water decreased in 2016 from 2015 since there was more consistent pumping which reduced flushing and maintenance water needs. Thus, the two user cities (Melissa and Anna) are being assessed for all of the use related flushing and lost and unaccounted for water which totaled about 15,000 gallons. Absent use, there would have been no flushing or lost and unaccounted for water; this represents a slight modification of the charge out methodology. In prior years, there was excess flushing due to fewer cities taking and the total volumes being much less. Thus, the shift to charging user cities for administrative and lost water is deemed appropriate. The total unaccounted for water is divided into two equal pools: - The first pool is shared equally by the user cities (based on the assumption that any level of use contributes to the flushing and some of the lost water). - The second pool is allocated to the user cities based on the proportional use of each using city as a % of total system water (based on the assumption that use volume contributes to unaccounted water in the metering process. The actual amount charged to the user cities is only slightly higher than in the prior year; the percentage of water charged is less than the percentage the lost and unaccounted for water represented in prior years. • Melissa background of separate NTMWD take point - Melissa actually takes / receives water from two points of delivery: one being the original Melissa connection with McKinney to receive water from NTMWD which dates back over 25 years and the second being the GTUA — CGMA transmission system. Each of these connections is separately metered; the original meter has a MT/P like the GTUA system. Melissa actual use from the GTUA — CGMA meter was 83,834,000 gallons or 83,834 K gallons which was 24,521,700 gallons over their MT/P. Stated in water billing terms (1000 gallon increments), this represents 24,521.7 K gallons (1000 gallons). 9 Buy -Sell rate calculation - The prior year's practice of rate determination for the extra water has been based on Melissa purchasing the water in excess of the CGMA MT/P from other CGMA Cities at a blended rate. That blended rate is based on the fact that Melissa could have purchased more excess water from their original meter at significant discount. The same excess water purchase provision for each participant city or aggregate CGMA membership (after MT/P is met) applies to all CGMA member cities. Thus this concept will be the basis of determining the rate for the buy - sell agreements between using cities and non -using or using less than the required MT/P cities. For the 2016 water year, the standard rate / K gallons was $2.34 and the excess water rate was $0.46 / K gallons. It is noted that the using cities have all been invoiced for the McKinney Pass - Through Agreement charges and the GTUA pumping and administrative charges. The principal issue to be determined is if the non -users wish to recoup a small portion of the water cost they have already paid. Thus, the buy -sell agreements only address the price of the bought or sold potable water. Historical calculation rationale - As explained in prior years, Melissa could have saved some costs by maximizing the consumption from the original line since that consumption would have been at the excess water rate which would represent savings in water purchase costs by paying the excess water rate applicable to their original NTMWD / McKinney meter; that meter does not have the McKinney Pass Through Charges or GTUA pumping charges added. However, such action would have resulted in a very large increase in the MT/P for the original meter, Melissa followed the practice of moderation for that meter which was more prudent in the long term, thus opening the opportunity for the other three CGMA Cities to sell a portion of their MT/P from the GTUA-CGMA meter to Melissa and thus through the buy -sell agreements help keep the CGMA MT/P lower. Thus, the arrangement allowed Melissa to keep a lower MT/P on the original meter for future years while helping to use a portion of the other CGMA Cities MT/P and reimbursing the other three CGMA Cities a small portion of their MT/P thus also keeping the total MT/P lower. Continuation of Historical Calculation Methodology - It is proposed that the same rate methodology be applied to water purchases by both Melissa and Anna at the historical practice for Melissa. • Cost Calculations for 2015-16 water year - The cost calculations for the above described MT/P transaction that was agreed to in prior years was $1.40 / K gallons for the 2016 water year. This rate was determined by averaging the MT/P excess water rate ($0.40 / K gal) with the NTMWD customer city base rate ($2.34 / K gal). This rate was an average of the normal CGMA Customer City rate and the NTMWD Customer City Excess Water Rate for 2016 as illustrated below: 2016 data Entities CGMA MT/P water / 1000 GIRD Melissa Excess Water Blended Average rates $2.34 $0.46 $01.40 In 2016, both Melissa and Anna took significantly more water than in prior years. In fact, the Melissa — Anna talk fulfilled both their individual City MT/P volumes and even a fulfilled 100% of the Van Alstyne and Howe MT/P volumes (neither VA or Howe took any water in the 2016 year; VA is expected to take in the 2016-17 water year). The total water take in the 2016 water year set a new MT/P for both taking cities and for the CGMA as a whole. 0 2016 Water Compared to MT-P — In water year 2015 the historical practice was followed except with two Cities exceeding the MT-P, the process was adjusted to provide that unused water be prorated for purchase by the buying cities from the selling cities. Since the volume of excess water to be purchased for the recently completed 2016 water year exceeded the full MT/P of both selling cities, the proration is technically a moot point for 2016, but as a technical matter, the proration methodology is being followed.....with the proration being 100% of the collective unused MT/P. In summary, the purchasing cities are acquiring significantly more and the selling cities are selling 100% of their MT/Ps. Additionally, this practice actually encourages a City with other options (could be separate surface source like Melissa or available well capacity like Anna) to use a portion of the CGMA Cities MT/P by allowing that City to preserve other sources of water or to keep the other MT/P lower, at least up to the time that all the CGMA Cities are using their MT/P. Calculation of the proportionate share of unused MT-P to be sold is as follows: Proportionate Share of unused MT-P available to be sold to Excess use City for 2016 water year: MT-P Melissa Anna Van Alstyne Howe MT-P water (all in K gallons) 59,312.5 59,312.5 59,312.5 59,312.5 Used 230,345.9 153,347.1 0 0 Unused NA NA 59,312.5 59,312.5 Excess water use over MT/P 171,033.4 94,034.6 NA NA Excess water to be purchased by excess Mt-P City 59,312.5 59,312.5 NA NA Portion of Melissa & Anna overage to be offered for sale to Melissa (excess water was 31,217.3 K gal NA NA 59,312.5 59,312.5 • Applying this concept to the 2016 water year results in the following calculation: 2016 Proposed MT-P Sale Amt (total $41,518.75) each buyer City Item Van Alstyne Howe K gallons offered for sale / purchase 59,312.5 59,312.5 Total amount of sale by / purchase from $83,037.75 $83,037.75 2015 Proposed MT-P Purchase Amt (total $41,518.75) each seller City Item From Van Alstyne From Howe Melissa: Purchase K Gallons 29,656.25 29,656.25 Purchase $ amount $ 41,518.75 $ 41,518.75 Anna: Purchase K Gallons 29,656.25 29,656.25 Purchase $ amount $ 41,518.75 $ 41,518.75 Thus, the total sale by both Van Alstyne and Howe is: $ 83,037.50 And, the total purchase by both Melissa and Anna is: $ 83,037.50 Implementation of Sale / Purchase: Buying City Actions - Melissa and Anna may purchase from each of the other two CGMA Cities (Van Alstyne, and Howe) the above calculated pro -rated portion of the Van Alstyne and Howe unused CGMA MT/P for the 2016 water year. In actuality, both Melissa and Anna used in excess of the additional other cities MT/P as shown in the first chart on page 4. Selling City Actions - Van Alstyne, and Howe may agree to sell the above noted total of 118,625 K gallons (59,312.5 K gallons each) of MT-P water to Melissa and Anna at the agreed rate of $1.40 / K gallons; the ratio of excess water used by Anna and Melissa is applied to the formula to arrive at the amount each will buy from Van Alstyne and Howe at the blended rate of $1.40 / K gallons with the total amount shown in the above table. Under this scenario, Melissa would pay a total of $83,037.50 and Anna would pay a total of $83,037.50 broken down by City as indicated above with each selling city receiving the same amount as each buying City will be paying. It is noted that the amounts are significantly more than in 2015. With continued growth, consumption is expected to escalate in the 2017 water year and will likely exceed the 2016 water year, although it is unlikely to be as much grown as experienced from 2015 to the 2016 water year. Process / Steps: 1. GTUA has verified the volumes from NTMWD billings; the above is believed to be the final calculations or near final calculations of water purchased from NTMWD. 2. Each of the two selling Cities may adopt a Resolution authorizing an inter -local agreement to sell the above noted MT/P to Melissa and Anna at the agreed rate. 3. Melissa and Anna may adopt a Resolution authorizing an inter -local agreement to purchase the above noted MT/P from the two respective Cities at the agreed rate. 4. An inter -local agreement will be attached to each of the Resolutions noted in items 2 & 3 detailing the provisions of the sale / purchase between the selling CGMA Cities (Van Alstyne and Howe) and the purchasing Cities (Melissa and Anna). 5. Following approval of Resolutions and execution of the inter -local agreements, Melissa and Anna will be able to pay the respective city for the agreed purchase. This can be completed by late 2016 or early 2017 as the respective cities complete authorization of the stipulated Resolutions and Inter -local Agreements. . 6. Consultant will be pleased to draft the respective Resolutions based on the same or similar Resolutions adopted in 2015. 7. It is suggested that this document be attached as a reference document to the inter -local agreement to help clarify the concept and to serve as a future reference.